Pages 41729±41948 Vol. 61 8±12±96 No. 156 federal register August 12,1996 Monday of thisissue. Washington, DC,seeannouncementontheinsidecover For informationonbriefingsinNewYork,NYand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996

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2 III

Contents Federal Register Vol. 61, No. 156

Monday, August 12, 1996

Agency for International Development NOTICES NOTICES Environmental statements; availability, etc.: Meetings: Surplus natural and low-enriched uranium; sale, 41776– International Food and Agricultural Development Board, 41777 41798 Meetings: Environmental Management Site-Specific Advisory Agricultural Marketing Service Board— RULES Oak Ridge Reservation, 41777 Cranberries grown in Massachusetts et al., 41729–41730 Pantex Plant, TX, 41777–41778 Spent nuclear fuel or high level radioactive waste; Agriculture Department acceptance, storage, and transportation responsibilities; See Agricultural Marketing Service performance plan; comment request: See Animal and Plant Health Inspection Service Safe transportation and emergency response training— See Grain Inspection, Packers and Stockyards Technical assistance and funding, 41778 Administration See Rural Business-Cooperative Service Energy Efficiency and Renewable Energy Office PROPOSED RULES Animal and Plant Health Inspection Service Consumer products; energy conservation program: RULES Refrigerators, refrigerator-freezers, and freezers, 41748– Interstate transportation of animals and animal products 41750 (quarantine): Energy Research Office Brucellosis in cattle and bison— NOTICES Brucella vaccine approval, 41730–41733 Meetings: Health and Environmental Research Advisory Committee, Children and Families Administration 41778 NOTICES Grants and cooperative agreements; availability, etc.: Environmental Protection Agency Developmental disabilities— RULES Projects of national significance, 41896–41922 Air quality implementation plans: Preparation, adoption, and submittal— Commerce Department Air quality models guideline, 41838–41895 See Foreign-Trade Zones Board PROPOSED RULES See International Trade Administration Air quality planning purposes; designation of areas: See National Oceanic and Atmospheric Administration Nevada, 41759–41764 Washington, 41764 Commodity Futures Trading Commission Pesticide programs: NOTICES Risk/benefit information; reporting requirements, 41764– Contract market proposals: 41766 MidAmerica Commodity Exchange— NOTICES Live hogs, 41775 Agency information collection activities: Proposed collection; comment request, 41784–41785 Customs Service Submission for OMB review; comment request, 41785– RULES 41787 North American Free Trade Agreement (NAFTA): Country of origin of a good, rules for determining Federal Aviation Administration Correction, 41737 RULES Airworthiness directives: Drug Enforcement Administration Boeing, 41733–41735 RULES Class E airspace; correction, 41735–41736 Federal Food, Drug, and Cosmetic Act: VOR Federal airways; correction, 41736–41737 Pseudoephedrine products; exemption removed PROPOSED RULES Correction, 41836 Airworthiness directives: AlliedSignal Inc., 41751–41753 Education Department British Aerospace, 41755–41757 NOTICES Industrie Aeronautiche E Meccaniche, 41753–41755 Agency information collection activities: Jetstream, 41757–41759 Submission for OMB review; comment request, 41776 Airworthiness standards: Transport category airplanes— Energy Department Hydraulic systems standards revision to harmonize See Energy Efficiency and Renewable Energy Office with European standards; correction, 41924 See Energy Research Office Rulemaking petitions; summary and disposition, 41750– See Federal Energy Regulatory Commission 41751

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NOTICES Food and Drug Administration Advisory circulars; availability, etc.: NOTICES Aircraft— Agency information collection activities: Hydraulic system certification tests and analysis; Proposed collection; comment request, 41792–41793 correction, 41925 Food additive petitions: Environmental statements; availability, etc.: Lonza, Inc.; withdrawn, 41793 Newark International Airport, NJ, 41818–41819 GRAS or prior-sanctioned ingredients: Exemption petitions; summary and disposition, 41819 FMC Corp., 41793–41794 Meetings: Meetings: Informal airspace meetings— Advisory committees, panels, etc., 41794–41795 California, 41818 Foreign-Trade Zones Board Federal Election Commission NOTICES NOTICES Applications, hearings, determinations, etc.: Meetings: Alabama, 41768 Election Administration Advisory Panel, 41787–41788 Ohio Motch Corp.; vertical and horizontal turning and Federal Energy Regulatory Commission grinding machinery manufacturing plant, 41768 PROPOSED RULES Electric utilities (Federal Power Act): Rate schedules filing— General Services Administration Capacity reservation open access transmission tariffs, NOTICES 41759 Memorandums of agreement: NOTICES Washington, DC; Pennsylvania Avenue development and Agency information collection activities: redevelopment, 41789–41792 Proposed collection; comment request, 41779–41780 Natural gas companies (Natural Gas Act); Grain Inspection, Packers and Stockyards Administration Rate schedule and tariff changes; electronic filing and NOTICES reporting requirements, 41783–41784 Committees; establishment, renewal, termination, etc.: Applications, hearings, determinations, etc.: Federal Grain Inspection Service Advisory Committee, ANR Pipeline Co., 41780–41781 41767 Columbia Gas Transmission Corp., 41781, 41781 Florida Gas Transmission Co., 41781–41782 Health and Human Services Department Koch Gateway Pipeline Co., 41782 National Fuel Gas Supply Corp., 41782 See Children and Families Administration NorAm Gas Transmission Co., 41782 See Food and Drug Administration Texas Eastern Transmission Corp., 41782–41783 See National Institutes of Health Trunkline Gas Co., 41783 Williams Natural Gas Co., 41783 Housing and Urban Development Department RULES Federal Maritime Commission Real Estate Settlement Procedures Act: NOTICES Employer-employee exemption, withdrawn; computer Freight forwarder licenses: loan origination services, and controlled business Infiniti Shipping Inc., et al., 41788 disclosure format Correction, 41944–41945 Federal Reserve System NOTICES NOTICES Agency information collection activities: Banks and bank holding companies: Proposed collection; comment request, 41946 Formations, acquisitions, and mergers, 41788 Submission for OMB review; comment request, 41940– Permissible nonbanking activities, 41788–41789 41947 Grants and cooperative agreements; availability, etc.: Financial Management Service John Heinz neighborhood development program, 41936– See Fiscal Service 41940 Regulatory waiver requests; quarterly listing, 41928–41934 Fiscal Service RULES Interior Department Financial management services: See Fish and Wildlife Service Delivery of checks and warrants to addresses outside See Land Management Bureau U.S., its territories, and possessions— See National Park Service Vietnam; reference removed, 41739 NOTICES Central Utah Water Conservancy District: Fish and Wildlife Service Wasatch County Water Efficiency Project/Daniel NOTICES Replacement Project; implementation; contract Environmental statements; availability, etc.: negotiation, 41796 Incidental take permits— Travis County, TX; golden-cheeked warbler, 41796– International Development Cooperation Agency 41797 See Agency for International Development

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International Trade Administration National Institutes of Health NOTICES NOTICES Antidumping: Meetings: Kiwifruit, fresh, from New Zealand, 41771 National Institute of Allergy and Infectious Diseases, Magnesium, pure, from— 41795 Canada, 41771–41773 Research Grants Division special emphasis panels, 41795 Antidumping and countervailing duties: Women’s Health Research Office, 41795–41796 Administrative review requests, 41768–41771 Applications, hearings, determinations, etc.: National Oceanic and Atmospheric Administration Belmont University et al., 41773 RULES University of— Fishery conservation and management: California et al., 41773–41774 Fisheries of Exclusive Economic Zone off Alaska— Community development quota programs; additions, Justice Department 41744–41745 See Drug Enforcement Administration NOTICES See National Institute of Corrections Meetings: South Atlantic Fishery Management Council, 41774 Labor Department See Occupational Safety and Health Administration National Park Service Land Management Bureau NOTICES NOTICES Memorandums of agreement: Resource management plans, etc.: Washington, DC; Pennsylvania Avenue development and Alturas Resource Area, CA, 41797–41798 redevelopment, 41789–41792

Maritime Administration Nuclear Regulatory Commission NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 41819–41820 Submission for OMB review; comment request, 41811– 41812 National Archives and Records Administration NOTICES Occupational Safety and Health Administration Agency records schedules; availability, 41798–41799 RULES Construction safety and health standards; National Capital Planning Commission General industry safety and health standards applicable NOTICES to construction work; incorporation; correction, Memorandums of agreement: 41738–41739 Washington, DC; Pennsylvania Avenue development and redevelopment, 41789–41792 Personnel Management Office PROPOSED RULES National Credit Union Administration Allowances and differentials: PROPOSED RULES Cost-of-living allowances in Alaska, Hawaii, Puerto Rico, Credit unions: Guam, and U.S. Virgin Islands; partnership pilot Corporate credit unions; requirements for insurance, project, 41746–41748 41750 NOTICES Investment and deposit activities, 41750 Agency information collection activities: Proposed collection; comment request, 41812 National Highway Traffic Safety Administration RULES Presidential Advisory Committee on Gulf War Veterans' Motor vehicle safety standards: Illnesses Glazing materials— Rigid plastic, 41739–41744 NOTICES Meetings, 41812–41813 National Institute for Literacy NOTICES Public Health Service Grants and cooperative agreements; availability, etc.: See Food and Drug Administration Adult learning system reform and improvement— See National Institutes of Health Stage II collaborative development of Equipped for the Future (EFF) adult literacy standards, 41799–41805 Research and Special Programs Administration Governor’s State literacy resource centers— NOTICES National Electronic Information and Communication Agency information collection activities: Network for Literacy; regional hub establishment Proposed collection; comment request, 41820–41821 on Internet, 41805–41811 Hazardous materials: Exemption applications delayed; list, 41821–41822 National Institute of Corrections NOTICES Rural Business-Cooperative Service Meetings: NOTICES Prison Construction Standardization and Techniques Agency information collection activities: Task Force, 41798 Proposed collection; comment request, 41767–41768

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Securities and Exchange Commission NOTICES NOTICES Agency information collection activities: Self-regulatory organizations; proposed rule changes: Proposed collection; comment request, 41832–41835 American Stock Exchange, Inc., 41814–41816 National Association of Securities Dealers, Inc., 41816 Participants Trust Co., 41816–41817 Separate Parts In This Issue Applications, hearings, determinations, etc.: Driehaus International Large Cap Fund, L.P., et al., Part II 41813–41814 Environmental Protection Agency, 41838–41895 Social Security Administration Part III NOTICES Health and Human Services Department, Children and Agency information collection activities: Families Administration, 41896–41922 Proposed collection; comment request, 41817–41818

State Department Part IV RULES Department of Transportation, Federal Aviation International Traffic in Arms regulations; amendments, Administration, 41924–41925 41737–41738 Part V Surface Transportation Board Housing and Urban Development Department, 41928–41934 NOTICES Railroad services abandonment: Part VI Denver & Rio Grande Western Railroad Co. et al., 41828 Housing and Urban Development Department, 41936–41941 Missouri Pacific Railroad Co., 41824–41826 Missouri Pacific Railroad Co. et al., 41823–41824 Part VII Southern Pacific Transportation Co., 41826–41828 Housing and Urban Development Department, 41944–41947 The Denver and Rio Grande Western Railroad Co. et al., 41828–41829 Union Pacific Railroad Co., 41829–41832 Reader Aids Additional information, including a list of public laws, Transportation Department telephone numbers, reminders, and finding aids, appears in See Federal Aviation Administration the Reader Aids section at the end of this issue. See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Treasury Department numbers, Federal Register finding aids, and a list of See Customs Service documents on public inspection is available on 202–275– See Fiscal Service 1538 or 275–0920.

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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.

5 CFR Proposed Rules: 591...... 41476 7 CFR 929...... 41729 9 CFR 78...... 41730 10 CFR Proposed Rules: 430...... 41748 12 CFR Proposed Rules: 703...... 41750 704...... 41750 14 CFR 71 (3 documents) ...... 41735 41736 39...... 41733 Proposed Rules: Ch. 1 ...... 41750 25...... 41924 39 (4 documents) ...... 31751 41753, 41755, 41757 18 CFR Proposed Rules: 35...... 41759 19 CFR 10...... 41737 12...... 41737 102...... 41737 134...... 41737 22 CFR 126...... 41737 24 CFR 3500...... 41944 29 CFR 1926...... 41738 31 CFR 211...... 41739 40 CFR 51...... 41838 52...... 41838 Proposed Rules: 81 (2 documents) ...... 41759 41764 153...... 41764 159...... 41764 49 CFR 571...... 41739 50 CFR 679...... 41744 41729

Rules and Regulations Federal Register Vol. 61, No. 156

Monday, August 12, 1996

This section of the FEDERAL REGISTER Register and will be available for public section 608c(15)(A) of the Act, any contains regulatory documents having general inspection in the Office of the Docket handler subject to an order may file applicability and legal effect, most of which Clerk during regular business hours. with the Secretary a petition stating that are keyed to and codified in the Code of FOR FURTHER INFORMATION CONTACT: the order, any provision of the order, or Federal Regulations, which is published under any obligation imposed in connection 50 titles pursuant to 44 U.S.C. 1510. Kathleen M. Finn, Marketing Specialist, Marketing Order Administration with the order is not in accordance with The Code of Federal Regulations is sold by Branch, Fruit and Vegetable Division, law and request a modification of the the Superintendent of Documents. Prices of AMS, USDA, P.O. Box 96456, room order or to be exempted therefrom. Such new books are listed in the first FEDERAL 2523–S, Washington, DC 20090–6456, handler is afforded the opportunity for REGISTER issue of each week. telephone (202)720–1509, Fax# (202) a hearing on the petition. After the 720–5698, or Tershirra Yeager, Program hearing the Secretary would rule on the Assistant, Marketing Order petition. The Act provides that the DEPARTMENT OF AGRICULTURE Administration Branch, Fruit and district court of the United States in any district in which the handler is an Agricultural Marketing Service Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523–S, Washington, inhabitant, or has his or her principal 7 CFR Part 929 DC 20090–6456, telephone (202) 720– place of business, has jurisdiction to 5127, Fax# (202) 720–5698. Small review the Secretary’s ruling on the [Docket No. FV96±929±3 IFR] businesses may request information on petition, provided an action is filed not later than 20 days after the date of the Cranberries Grown in the States of compliance with this regulation by entry of the ruling. Massachusetts, Rhode Island, contacting: Jay Guerber, Marketing Pursuant to requirements set forth in Connecticut, New Jersey, Wisconsin, Order Administration Branch, Fruit and the Regulatory Flexibility Act (RFA), the Michigan, Minnesota, Oregon, Vegetable Division, AMS, USDA, P.O. Agricultural Marketing Service (AMS) Washington, and Long Island in the Box 96456, Room 2523–S, Washington, has considered the economic impact of State of New York; Assessment Rate D.C. 20090–6456; telephone: (202) 720– 2491, Fax# (202) 720–5698. this rule on small entities. AGENCY: Agricultural Marketing Service, SUPPLEMENTARY INFORMATION: This rule The purpose of the RFA is to fit USDA. is issued under Marketing Order No. regulatory actions to the scale of ACTION: Interim final rule with request 929 (7 CFR part 929), as amended, business subject to such actions in order for comments. regulating the handling of cranberries that small businesses will not be unduly grown in the States of Massachusetts, or disproportionately burdened. SUMMARY: This interim final rule Rhode Island, Connecticut, New Jersey, Marketing orders issued pursuant to the establishes an assessment rate for the Wisconsin, Michigan, Minnesota, Act, and the rules issued thereunder, are Cranberry Marketing Committee Oregon, Washington, and Long Island in unique in that they are brought about (Committee) under Marketing Order No. the State of New York, hereinafter through group action of essentially 929 for the 1996–97 and subsequent referred to as the ‘‘order.’’ The small entities acting on their own fiscal periods. The Committee is marketing order is effective under the behalf. Thus, both statutes have small responsible for local administration of Agricultural Marketing Agreement Act entity orientation and compatibility. the marketing order which regulates the of 1937, as amended (7 U.S.C. 601–674), There are approximately 1,050 handling of cranberries grown in the hereinafter referred to as the ‘‘Act.’’ producers of cranberries in the States of Massachusetts, Rhode Island, The Department of Agriculture production area and approximately 30 Connecticut, New Jersey, Wisconsin, (Department) is issuing this rule in handlers subject to regulation under the Michigan, Minnesota, Oregon, conformance with Executive Order marketing order. Small agricultural Washington, and Long Island in the 12866. producers have been defined by the State of New York. Authorization to This rule has been reviewed under Small Business Administration (13 CFR assess cranberry handlers enables the Executive Order 12988, Civil Justice 121.601) as those having annual receipts Committee to incur expenses that are Reform. Under the marketing order now less than $500,000, and small reasonable and necessary to administer in effect, cranberry handlers are subject agricultural service firms are defined as the program. to assessments. Funds to administer the those whose annual receipts are less DATES: Effective on September 1, 1996. order are derived from such than $5,000,000. The majority of Comments received by September 11, assessments. It is intended that the cranberry producers and handlers may 1996, will be considered prior to assessment rate as issued herein will be be classified as small entities. Interested issuance of a final rule. applicable to all assessable cranberries persons are invited to submit ADDRESSES: Interested persons are beginning September 1, 1996, and information on the regulatory and invited to submit written comments continuing until amended, suspended, informational impacts of this action on concerning this rule. Comments must be or terminated. This rule will not small businesses. sent in triplicate to the Docket Clerk, preempt any State or local laws, The cranberry marketing order Fruit and Vegetable Division, AMS, regulations, or policies, unless they provides authority for the Committee, USDA, P.O. Box 96456, room 2523–S, present an irreconcilable conflict with with the approval of the Department, to Washington, DC 20090–6456, FAX (202) this rule. formulate an annual budget of expenses 720–5698. Comments should reference The Act provides that administrative and collect assessments from handlers the docket number and the date and proceedings must be exhausted before to administer the program. The page number of this issue of the Federal parties may file suit in court. Under members of the Committee are 41730 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations producers and handlers of cranberries. Department. Committee meetings are SubpartÐAssessment Rate They are familiar with the Committee’s open to the public and interested needs and with the costs for goods and persons may express their views at these § 929.236 Assessment rate. services in their local area and are thus meetings. The Department will evaluate On and after September 1, 1996, an in a position to formulate an appropriate Committee recommendations and other assessment rate of $0.04 per barrel is budget and assessment rate. The available information to determine established for cranberries. assessment rate is formulated and whether modification of the assessment Dated: August 6, 1996. discussed in a public meeting. Thus, all rate is needed. Further rulemaking will Robert C. Keeney, directly affected persons have an be undertaken as necessary. The Director, Fruit and Vegetable Division. opportunity to participate and provide Committee’s 1996–97 budget and those [FR Doc. 96–20411 Filed 8–9–96; 8:45 am] input. for subsequent fiscal periods will be The Committee met on March 4, 1996, reviewed and, as appropriate, approved BILLING CODE 3410±02±P and recommended by a 7-to-1 vote an by the Department. assessment rate of $0.04 per barrel of After consideration of all relevant Animal and Plant Health Inspection cranberries. A mail vote was conducted material presented, including the Service by the Committee regarding the budget, information and recommendation requiring responses by June 20, 1996. submitted by the Committee and other 9 CFR Part 78 Seven out of eight responses were available information, it is hereby found received in favor of the proposed that this rule, as hereinafter set forth, [Docket No. 96±015±2] budget. The 1996–97 recommended will tend to effectuate the declared expenditures are $192,980. In Brucellosis; Approved Brucella policy of the Act. Vaccines comparison, last year’s budgeted Pursuant to 5 U.S.C. 553, it is also expenditures were $201,336. The found and determined upon good cause AGENCY: Animal and Plant Health assessment rate of $0.04 is $0.01 higher that it is impracticable, unnecessary, Inspection Service, USDA. than last year’s established rate. Major and contrary to the public interest to ACTION: Affirmation of interim rule as a expenditures recommended by the give preliminary notice prior to putting final rule. Committee for the 1996–97 year include this rule into effect, and that good cause $63,764 for administrative expenses, exists for not postponing the effective SUMMARY: We are adopting as a final and $66,732 for compensation. date of this rule until 30 days after rule, without change, an interim rule The assessment rate recommended by publication in the Federal Register that amended the brucellosis regulations the Committee was derived by dividing because: (1) The Committee needs to to remove the requirement that an anticipated expenses by expected have sufficient funds to pay its expenses approved brucella vaccine be, among shipments of cranberries. Cranberry which are incurred on a continuous other things, a Brucella abortus Strain shipments for the year are estimated at basis; (2) the 1996–97 fiscal period 19 product. The interim rule allowed for 4,737,000 barrels which should provide begins on September 1, 1996, and the the use of vaccines that have been $189,480 in assessment income. Income marketing order requires that the rate of developed using strains of Brucella derived from handler assessments, along assessment for each fiscal period apply other than Brucella abortus Strain 19. with interest income, will be adequate to all assessable cranberries handled Specifically, the interim rule allowed to cover budgeted expenses. Funds in during such fiscal period; (3) handlers the RB51 brucella vaccine, which was the reserve will be kept within the are aware of this action which was licensed for use in cattle by the U.S. maximum permitted by the order. unanimously recommended by the Department of Agriculture in February While this rule will impose some Committee at a public meeting and is 1996, to be used in the cooperative additional costs on handlers, the costs similar to other assessment rate actions State/Federal brucellosis eradication are in the form of uniform assessments issued in past years; and (4) this interim program. on all handlers. Some of the additional final rule provides a 30-day comment EFFECTIVE DATE: The interim rule was costs may be passed on to producers. period, and all comments timely effective on March 26, 1996. However, these costs will be offset by received will be considered prior to FOR FURTHER INFORMATION CONTACT the benefits derived by the operation of : Dr. finalization of this rule. the marketing order. Therefore, the AMS M.J. Gilsdorf, National Brucellosis has determined that this rule will not List of Subjects in 7 CFR Part 929 Epidemiologist, Cattle Diseases and have a significant economic impact on Surveillance Staff, VS, APHIS, 4700 Cranberries, Marketing agreements, River Road Unit 36, Riverdale, MD a substantial number of small entities. Reporting and recordkeeping The assessment rate established in 20737–1228, (301) 734–7708; E-mail: requirements. this rule will continue in effect [email protected]. For the reasons set forth in the indefinitely unless modified, SUPPLEMENTARY INFORMATION: suspended, or terminated by the preamble, 7 CFR part 929 is amended as Secretary upon recommendation and follows: Background information submitted by the In an interim rule effective March 26, PART 929ÐCRANBERRY MARKETING Committee or other available 1996, and published in the Federal COMMITTEE information. Register on April 1, 1996 (61 FR 14237– Although this assessment rate is 1. The authority citation for 7 CFR 14239, Docket No. 96–015–1), we effective for an indefinite period, the part 929 continues to read as follows: amended the brucellosis regulations in Committee will continue to meet prior 9 CFR part 78 by revising the definition Authority: 7 U.S.C. 601–674. to or during each fiscal period to of approved brucella vaccine and recommend a budget of expenses and 2. A new subpart—Assessment Rates amending the definitions of official consider recommendations for and a new § 929.236 are added to read adult vaccinate, official calfhood modification of the assessment rate. The as follows: vaccinate, and official test to provide for dates and times of Committee meetings Note: This section will appear in the Code the use of approved brucella vaccines are available from the Committee or the of Federal Regulations. that have been developed using strains Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41731 of brucellosis other than Brucella results of the test indicate that the suspected cases of the disease. After abortus Strain 19. That action was animal may be a brucellosis reactor, retesting, 235 herds were subsequently necessary to allow the RB51 brucella even though the animal is not infected blood-tested, but only 2 herds were vaccine, which was licensed for use in with the disease; this misleading result found to be affected. Hence, 730 of the cattle by the U.S. Department of is known as a ‘‘false positive.’’ State or cattle tested were false-positive. Tracing Agriculture in February 1996, to be used Federal animal health personnel must and blood testing of their herds of origin in the cooperative State/Federal trace those animals to their herds of would not have been necessary if the brucellosis eradication program. origin to determine whether or not the RB51 vaccine had been used. Comments on the interim rule were herd is actually affected with For all three categories—MCI reactors, required to be received on or before May brucellosis. Because the RB51 vaccine MCI suspects, and BRT reactors—the 31, 1996. We did not receive any does not cause vaccinated cattle to use of RB51 vaccine instead of Strain 19 comments by that date. The facts produce those interfering antibody will eliminate nearly all false-positive presented in the interim rule still titers, replacing the Strain 19 vaccines reactors. The potential savings can be provide a basis for the rule. with the RB51 vaccine will almost estimated by considering resources This action also affirms the entirely eliminate the costs associated currently devoted to tracebacks, lab information contained in the interim with the retesting and traceback of false- tests, and related activities. rule concerning Executive Orders 12372 positive reactors. Estimated time required by major and 12778 and the Paperwork In fiscal year (FY) 1995, about 6.7 types of field work for which there will Reduction Act. million cattle (primarily calves between be resource savings when RB51 replaces Executive Order 12866 and Regulatory 4 and 12 months of age) were vaccinated Strain 19 are shown in Table 1. Flexibility Act against brucellosis using Strain 19 vaccine. Although brucellosis is TABLE 1.ÐESTIMATED AVERAGE This rule has been reviewed under expected to be eradicated in domestic APHIS/STATE FIELD HOURS SPENT Executive Order 12866. For this action, cattle within 3 years, it is likely that the Office of Management and Budget some States will continue to encourage ON MCI AND BRT TESTS AND has waived its review process required herd owners to vaccinate higher-risk TRACEBACKS by Executive Order 12866. cattle herds. This document makes final an interim In FY 1995, blood samples taken from Staff Activity hours rule effective March 26, 1996, and approximately 5,900 head of cattle at published in the Federal Register on market or slaughter under the Market Epidemiology ...... 10.15 April 1, 1996. In that interim rule, we Cattle Identification (MCI) program Contacting herd owners ...... 2.23 stated that timely compliance with tested positive for the brucella bacteria, Contacting veterinarians ...... 1.00 sections 603 and 604 of the Regulatory requiring retesting and traceback to the MCI herds of origin locating ...... 5.10 Flexibility Act (5 U.S.C. 601 et seq.) was herds of origin. By far, most of the MCI herds of origin testing ...... 12.21 impracticable due to the need to make positive tests proved to be false; only BRT suspicious herds blood testing 13.00 the rule effective in time for U.S. cattle about 100 cattle were found to be raisers to use RB51 to vaccinate the infected. If the RB51 vaccine had been In Table 2, the time requirements are spring crop of calves before the calves used, about 99 percent of the false- multiplied by the estimated number of were turned out for summer pasture. We positive tests would not have occurred, Strain 19 false-positives per year, further stated, however, that the final so about 5,742 unnecessary tracebacks yielding a potential field staff hour rule would include an analysis of the and herd tests would have been savings from using RB51 totaling economic impact of the rule on small prevented. 255,956 hours per year. Assuming an entities and would address any An additional 6,000 of the MCI- average staff hour cost of $27.85 (salary comments we received on the economic sampled cattle had titer levels less than and benefits, plus support), annual field impact of the rule on small entities. We that indicative of a positive reaction, but work savings for APHIS and cooperating did not receive any comments regarding sufficiently high to cause suspicion of States from replacing Strain 19 by RB51 the impact of the rule on small entities, the disease. An estimated 50 percent of would be about $7,128,000 (255,956 but we have prepared an analysis of the these cattle also were traced back to hours × $27.85 per hour). With reduced economic impact of the rule on small their herds of origin, and the herd numbers of cattle vaccinated following entities. owners were contacted in about one- brucellosis eradication, the number of Currently available Brucella abortus third of the cases. Again, the use of false-positive reactors if Strain 19 were Strain 19 brucella vaccines cause RB51 would have prevented about 99 used would also be fewer; therefore, vaccinated animals to produce percent (5,940) of the suspect titers, thus annual potential savings in subsequent antibodies that are indistinguishable on precluding the need for about 2,970 years could be estimated at about one- standard diagnostic tests from the tracebacks, about 1,980 herd owner half of current savings, or about antibodies produced by animals contacts, and about 990 herd tests. $3,564,000, for field work that would no infected with brucellosis. Therefore, The brucellosis ring test (BRT) for longer be necessary when RB51 is used when a vaccinated animal is tested, the dairy herds in FY 1995 indicated 732 in place of Strain 19.

TABLE 2.ÐESTIMATED ANNUAL FIELD STAFF HOUR SAVINGS TO APHIS AND STATES FROM USING RB51 IN PLACE OF STRAIN 19, BASED ON FY 1995 AND FY 1996 DATA

Estimated number of Activity Strain 19 Hours per Total hours false activity positives

Epidemiology: MCI reactors ...... 5,742 10.15 58,281 41732 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

TABLE 2.ÐESTIMATED ANNUAL FIELD STAFF HOUR SAVINGS TO APHIS AND STATES FROM USING RB51 IN PLACE OF STRAIN 19, BASED ON FY 1995 AND FY 1996 DATAÐContinued

Estimated number of Activity Strain 19 Hours per Total hours false activity positives

MCI suspects 1 ...... 2,970 10.15 30,146 BRT reactors ...... 730 10.15 7,410 Contacts with herd owners: MCI reactors ...... 15,742 2.23 12,805 MCI suspects 2 ...... 1,980 2.23 4,415 BRT reactors ...... 730 2.23 1,628 Contact with veterinarians: 3 MCI reactors ...... 4,307 1.00 4,307 MCI suspects ...... 297 1.00 297 BRT reactors ...... 548 1.00 548 Locating herds of origin: MCI reactors ...... 5,742 5.10 29,284 MCI suspects 4 ...... 2,970 5.10 15,147 Testing herds of origin: MCI reactors ...... 5,742 12.21 70,110 MCI suspects 5 ...... 990 12.21 12,088 Testing suspect herds: BRT reactors ...... 730 13.00 9,490 1 Epidemiology is conducted for an estimated 50 percent of MCI suspects. 2 An estimated one-third of herd owners are contacted for MCI suspects. 3 Veterinarians are contacted for an estimated 75 percent of MCI reactors, 5 percent of MCI suspects, and 75 percent of BRT reactors. 4 Herds of origin are located for an estimated 50 percent of MCI suspects. 5 Herds of origin for MCI suspects are tested for an estimated one-third of those located.

In addition to field staff savings, MCI official tests—e.g., the Rivanol, particle laboratory work of $27.50. As with the laboratory costs associated with Strain concentration fluorescence field staff savings, we can assume that 19 false-positive tests will also be immunoassay (PCFIA), and manual laboratory savings of at least one-half eliminated by the use of RB51 vaccine. complement-fixation (CF) tests—are this amount, or $160,000 per year, will The concentration immunoassay estimated to total about $15 to $20 per be realized after eradication of technology (CITE’) test costs $10.00, tested animal, including overhead. As brucellosis, given the expected which is paid either by the State or the shown in Table 3, a savings of more reduction in the number of cattle herd owner, depending on a particular than $320,000 will result from the use vaccinated. State’s regulations. The costs of other of RB51, assuming an overall cost for all

TABLE 3.ÐESTIMATED SAVINGS IN LABORATORY COSTS RESULTING FROM THE USE OF RB51 VACCINES IN PLACE OF STRAIN 19 VACCINES

Estimated number of Strain 19 Average Category false cost per set Total cost positives of analyses per year

MCI reactors ...... 5,742 $27.50 $157,905 MCI suspects ...... 5,940 27.50 163,350

Estimated combined field and government expenditures. Affected following brucellosis eradication, the laboratory gross savings from using producers, most of whom can be additional cost of the RB51 vaccine will RB51 vaccine total nearly $7.45 million considered small entities (gross annual be about $480,000 after eradication. The per year at current levels of vaccination. incomes of less than $500,000), will also net benefit of replacing Strain 19 by After brucellosis has been eradicated, benefit by not having to spend time and RB51 is therefore estimated at about gross savings of at least $3.7 million per resources in gathering their herds for $6.6 million per year before brucellosis year can be expected. Except in those testing to follow up on false-positive eradication, and about $3.2 million per States where owners are directly reactors and suspects. year afterwards. The RB51 vaccine costs more than the Lastly, because the RB51 vaccine will charged for the CITE test, APHIS and Strain 19 vaccine, $0.42 per dose not cause false-positive titers as does cooperating States bear the costs compared to $0.30 per dose. Based on Strain 19, it can be used to vaccinate associated with tracebacks and other the number of vaccinations given in FY older animals that might not otherwise activities required by false-positive 1995, this cost difference amounts to be vaccinated. Although this advantage tests. The general public, therefore, will $804,000 per year. Assuming an average is not quantified, it will be a definite benefit from the expected savings in of about 4 million vaccinations per year benefit for producers and States. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41733

Under these circumstances, the diagram of the main deck cargo door 1. Due to the close proximity to the Administrator of the Animal and Plant installations, which revealed potential relays, a 28-volt wire could become Health Inspection Service has failures of the control box and hydraulic chafed as a result of vibration and, determined that this action will not pump assembly installed in accordance consequently, could short to power a have a significant economic impact on with the STC. The actions specified in single DC relay (AN 3311–2). This short a substantial number of small entities. this AD are intended to prevent such to power could energize the DC relay failures, which could result in an and simultaneously apply electrical List of Subjects in 9 CFR Part 78 inadvertent opening of the main deck power to the hydraulic pump motor and Animal diseases, Bison, Cattle, Hogs, cargo door during flight, with resultant to the control valve of the main deck Quarantine, Reporting and major structural damage and possible cargo door. recordkeeping requirements, reduced controllability of the airplane. 2. Failure of an electrical relay on the Transportation. DATES: Effective August 27, 1996. 115-volt AC power circuit could cause The incorporation by reference of the hydraulic pump motor to become PART 78ÐBRUCELLOSIS certain publications listed in the energized and, consequently, produce Accordingly, we are adopting as a regulations is approved by the Director full hydraulic pressure in the pump. final rule, without change, the interim of the Federal Register as of August 27, Such available pressure could unlock rule that amended 9 CFR part 78 and 1996. the main deck cargo door. that was published at 61 FR 14237– Comments for inclusion in the Rules These conditions, if not corrected, 14239 on April 1, 1996. Docket must be received on or before could result in an inadvertent opening October 11, 1996. of the main deck cargo door during Authority: 21 U.S.C. 111–114a–1, 114g, flight, which could result in major 115, 117, 120, 121, 123–126, 134b, and 134f; ADDRESSES: Submit comments in 7 CFR 2.22, 2.80, and 371.2(d). triplicate to the Federal Aviation structural damage and possible reduced controllability of the airplane. Done in Washington, DC, this 6th day of Administration (FAA), Transport August 1996. Airplane Directorate, ANM–103, Explanation of Relevant Service Terry L. Medley, Attention: Rules Docket No. 96–NM– Information 157–AD, 1601 Lind Avenue, SW., Administrator, Animal and Plant Health The FAA has issued Advisory Inspection Service. Renton, Washington 98055–4056. The Boeing Manufacturing Drawing Circular (AC) 43.13–1A, Change 3, dated [FR Doc. 96–20450 Filed 8–9–96; 8:45 am] D65446 referenced in this AD may be 1988, which contains the following BILLING CODE 3410±34±P obtained from Boeing Commercial sections of Chapter 11 (‘‘Electrical Airplane Group, P.O. Box 3707, Seattle, Systems’’): Washington 98124–2207. FAA Advisory 1. Section 1 (‘‘Care of Electrical DEPARTMENT OF TRANSPORTATION Circular (AC) 4313–1A, referenced in Systems’’), this AD, may be obtained from the 2. Section 3 (‘‘Electrical Wire’’), Federal Aviation Administration Superintendent of Documents, U.S. 3. Section 5 (‘‘Connectors’’), and 4. Section 7 (‘‘Routing, Tying, Lacing, Government Printing Office, 14 CFR Part 39 and Clamping’’). Washington, DC 20402. Both of these The FAA also has reviewed and [Docket No. 96±NM±157±AD; Amendment documents may be examined at the approved Chapter 20, ‘‘Standard Wiring 39±9708; AD 96±16±08] FAA, Transport Airplane Directorate, Practices’’, of Boeing Wiring Diagram 1601 Lind Avenue, SW., Renton, RIN 2120±AA64 Manual Document D6–54446, Revision Washington; or at the FAA, Atlanta 21, dated June 1, 1994. Airworthiness Directives; Boeing Aircraft Certification Office, Small Model 727±100 and ±200 Series These documents describe procedures Airplane Directorate, Campus Building, for verifying that the wire and wire Airplanes With a Main Deck Cargo 1701 Columbia Avenue, Suite 2–160, Door Installed in Accordance With bundles are properly installed and College Park, Georgia 30337–2748; or at restrained, and for reinstalling and Supplemental Type Certificate (STC) the Office of the Federal Register, 800 SA1797SO restraining any wire or component that North Capitol Street, NW., suite 700, has been altered. Washington, DC. AGENCY: Federal Aviation Explanation of the Requirements of the Administration, DOT. FOR FURTHER INFORMATION CONTACT: Randy Avera, Systems Engineer, ACE– Rule ACTION: Final rule; request for 116A, FAA, Atlanta Aircraft comments. Since an unsafe condition has been Certification Office, Small Airplane identified that is likely to exist or SUMMARY: This amendment adopts a Directorate, Campus Building, 1701 develop on other Boeing Model 727–100 new airworthiness directive (AD) that is Columbia Avenue, Suite 2–160, College and –200 series airplanes of the same applicable to certain Boeing Model 727– Park, Georgia 30337–2748; telephone type design, equipped with a main deck 100 and –200 series airplanes. This (404) 305–7381; fax (404) 305–7348. cargo door installed in accordance with action requires an inspection to detect SUPPLEMENTARY INFORMATION: The FAA STC SA1797SO, this AD is being issued discrepancies of internal wires and recently conducted an engineering to prevent an inadvertent opening of the electrical components of the control box review of the wiring diagram of the main deck cargo door during flight, of the main deck cargo door; main deck cargo door installations on which can result in major structural modification of the wiring and Boeing Model 727–100 and –200 series damage and possible reduced components of the control box of the airplanes that have been modified in controllability of the airplane. This AD main deck cargo door; and a revision of accordance with Supplemental Type requires the following actions: the Airplane Flight Manual to impose Certificate (STC) SA1797SO. The results 1. Performing a one-time visual an operational limitation of the motor of this review revealed the existence of inspection of the internal wires and pump power relay and pump motor. two unsafe conditions related to the electrical components of the control box This amendment is prompted by results control box and hydraulic pump of the main deck cargo door to detect of an engineering review of the wiring assembly installed on these airplanes: discrepancies, and repair, if necessary. 41734 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

(These discrepancies include chafed, the closing date for comments will be List of Subjects in 14 CFR Part 39 crimped, crushed, or damaged electrical considered, and this rule may be Air transportation, Aircraft, Aviation wires or wire bundles inside the control amended in light of the comments safety, Incorporation by reference, box of the cargo door; loose electrical received. Factual information that Safety. wire connections; abnormally pulled or supports the commenter’s ideas and twisted individual wires or wire suggestions is extremely helpful in Adoption of the Amendment bundles; any removal of insulation from evaluating the effectiveness of the AD Accordingly, pursuant to the the conductor in the control box; and action and determining whether authority delegated to me by the any damaged protective grommets.) additional rulemaking action would be Administrator, the Federal Aviation 2. Verifying that the wire and wire needed. Administration amends part 39 of the bundles are properly installed and Federal Aviation Regulations (14 CFR restrained; and reinstalling and Comments are specifically invited on part 39) as follows: restraining any wire or component that the overall regulatory, economic, has been altered. environmental, and energy aspects of PART 39ÐAIRWORTHINESS 3. Submitting a report of the the rule that might suggest a need to DIRECTIVES inspection results (both positive and modify the rule. All comments negative findings) to the FAA. submitted will be available, both before 1. The authority citation for part 39 continues to read as follows: 4. Revising the Limitations Section of and after the closing date for comments, the FAA-approved Airplane Flight in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40113, 44701. Manual (AFM) to impose an operational interested persons. A report that § 39.13 [Amended] limitation of the motor pump power summarizes each FAA-public contact relay and pump motor. This limitation 2. Section 39.13 is amended by concerned with the substance of this AD adding the following new airworthiness requires the flight crew to verify that will be filed in the Rules Docket. certain circuit breakers supplying directive: electrical power to the hydraulic pump Commenters wishing the FAA to 96–16–08 BOEING: Amendment 39–9708. motor are pulled prior to taxi. It also acknowledge receipt of their comments Docket 96–NM–157–AD. requires that, prior to each taxi and submitted in response to this rule must Applicability: Model 727–100 and –200 takeoff after closing the cargo door, submit a self-addressed, stamped series airplanes that have been modified in these circuit breakers are set to the open postcard on which the following accordance with Supplemental Type condition, tagged, and secured for flight. statement is made: ‘‘Comments to Certificate (STC) SA1797SO, certificated in 5. Modifying the wiring and Docket Number 96–NM–157–AD.’’ The any category. components of the control box of the postcard will be date stamped and Note 1: This AD applies to each airplane main deck cargo door to preclude the returned to the commenter. identified in the preceding applicability provision, regardless of whether it has been identified problems. Aeronautical Regulatory Impact otherwise modified, altered, or repaired in Engineers, Inc. (AEI), which is the the area subject to the requirements of this holder of the subject STC, currently is The regulations adopted herein will AD. For airplanes that have been modified, developing a change to the wiring not have substantial direct effects on the altered, or repaired so that the performance diagram that will address this. States, on the relationship between the of the requirements of this AD is affected, the Certain of the actions are required to owner/operator must request approval for an national government and the States, or be accomplished in accordance with the alternative method of compliance in on the distribution of power and documents described previously. accordance with paragraph (d) of this AD. responsibilities among the various Certain other actions are required to be The request should include an assessment of levels of government. Therefore, in the effect of the modification, alteration, or accomplished in accordance with a repair on the unsafe condition addressed by method approved by the FAA. accordance with Executive Order 12612, it is determined that this final rule does this AD; and, if the unsafe condition has not Determination of Rule’s Effective Date not have sufficient federalism been eliminated, the request should include specific proposed actions to address it. Since a situation exists that requires implications to warrant the preparation Compliance: Required as indicated, unless the immediate adoption of this of a Federalism Assessment. accomplished previously. regulation, it is found that notice and The FAA has determined that this To prevent the inadvertent opening of the opportunity for prior public comment regulation is an emergency regulation main deck cargo door during flight, which hereon are impracticable, and that good could result in major structural damage and that must be issued immediately to possible reduced controllability of the cause exists for making this amendment correct an unsafe condition in aircraft, effective in less than 30 days. airplane, accomplish the following: and that it is not a ‘‘significant (a) Accomplish the actions specified in Comments Invited regulatory action’’ under Executive paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of Order 12866. It has been determined this AD at the time specified in each of those Although this action is in the form of paragraphs: a final rule that involves requirements further that this action involves an emergency regulation under DOT (1) Within 3 days after the effective date of affecting flight safety and, thus, was not this AD, perform a visual inspection of preceded by notice and an opportunity Regulatory Policies and Procedures (44 internal wires and electrical components of for public comment, comments are FR 11034, February 26, 1979). If it is the control box of the main deck cargo door invited on this rule. Interested persons determined that this emergency to detect the following discrepancies: are invited to comment on this rule by regulation otherwise would be (i) chafed, crimped, crushed, or damaged submitting such written data, views, or significant under DOT Regulatory electrical wires or wire bundles inside the arguments as they may desire. Policies and Procedures, a final control box of the cargo door; regulatory evaluation will be prepared (ii) loose electrical wire connections; Communications shall identify the (iii) abnormally pulled or twisted Rules Docket number and be submitted and placed in the Rules Docket. A copy individual wires or wire bundles; in triplicate to the address specified of it, if filed, may be obtained from the (iv) any removal of insulation from the under the caption ADDRESSES. All Rules Docket at the location provided conductor in the control box; or communications received on or before under the caption ADDRESSES. (v) any damaged protective grommets. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41735

(2) If any discrepancy is detected during regulation have been approved by the Office components of the control box of the main the inspection required by paragraph (a)(1) of of Management and Budget (OMB) under the deck cargo door, in accordance with a this AD, prior to further flight, repair it in provisions of the Paperwork Reduction Act of method approved by the Manager, FAA, accordance with a method approved by the 1980 (44 U.S.C. 3501 et seq.) and have been Atlanta Aircraft Certification Office (ACO), Manager, FAA, Atlanta Aircraft Certification assigned OMB Control Number 2120–0056. Small Airplane Directorate. Office (ACO), Small Airplane Directorate. (b) Within 3 days after the effective date of (d) An alternative method of compliance or (3) Following accomplishment of this AD, revise the Limitations Section of the adjustment of the compliance time that paragraphs (a)(1) and, if applicable, (a)(2) of FAA-approved Airplane Flight Manual provides an acceptable level of safety may be this AD, verify that the wire and wire (AFM) to include the following statement. used if approved by the Manager, FAA, bundles are properly installed and restrained, This may be accomplished by inserting a Atlanta Aircraft Certification Office (ACO), and reinstall and restrain any wire or copy of this AD in the AFM. Small Airplane Directorate. Operators shall component that has been altered, in ‘‘Operational Restriction submit their requests through an appropriate accordance with the document identified in FAA Principal Maintenance Inspector, who Prior to taxi, verify that the alternating either paragraph (a)(3)(i) or (a)(3)(ii) of this may add comments and then send it to the current (AC) or direct current (DC) circuit AD. Manager, Atlanta ACO. (i) Section 1 (‘‘Care of Electrical System’’); breakers that supply electrical power to the Section 3 (‘‘Electric Wire’’); Section 5 hydraulic pump motor are PULLED to Note 2: Information concerning the (‘‘Connectors’’); and Section 7 (‘‘Routing, interrupt power to the motor pump power existence of approved alternative methods of Tying, Lacing, and Clamping); of Chapter 11 relay and pump motor. compliance with this AD, if any, may be (‘‘Electrical Systems’’) of FAA Advisory Note 1: The 28VDC circuit breaker is obtained from the Atlanta ACO. Circular AC 4313–1A, Change 3, dated 1988; located in the electrical equipment (e) Special flight permits may be issued in or compartment on the J9 battery shield panel accordance with 21.197 and 21.199 of the (ii) Chapter 20 (‘‘Standard Wiring next to the auxiliary power unit (APU) starter Federal Aviation Regulations (14 CFR 21.197 Practices’’) of Boeing Wiring Diagram Manual circuit breaker. The 115VAC circuit breakers and 21.199) to operate the airplane to a Document D6–54446, Revision 21, dated June are located on the P6 breaker panel to the location where the requirements of this AD 1, 1994. right of the Flight Engineers station. These can be accomplished. (4) Within 10 days after accomplishing the circuit breakers are identified as ‘‘Cargo Door (f) Certain actions shall be done either in inspection required by paragraph (a)(1) of Hydraulic Pump’’. accordance with Sections 1, 3, 5, and 7 of this AD, submit a report of the inspection Prior to each taxi and take-off after closing Chapter 11 (‘‘Electrical Systems’’) of FAA results (both positive and negative findings) the cargo door, set these circuit breakers to Advisory Circular (AC) 4313–1A, Change 3, to the Manager, FAA, Atlanta Aircraft an open condition. Tag and secure the circuit dated 1988; or in accordance with Chapter 20 Certification Office, Small Airplane breakers for flight. (‘‘Standard Wiring Practices’’) of Boeing Directorate, Campus Building, 1701 After landing and taxiing to the ramp, the Wiring Diagram Manual Document D6– Columbia Avenue, Suite 2–160, College Park, circuit breakers may be RESET to facilitate 54446, Revision 21, dated June 1, 1994. Georgia 30337–2748; telephone (404) 305– cargo door opening.’’ Sections 1, 3, 5, and 7 of Chapter 11 of FAA 7381; fax (404) 305–7348. Information (c) Within 90 days after the effective date Advisory Circular AC 4313–1A contain the collection requirements contained in this of this AD, modify the wiring and following list of effective pages:

Change level Date shown Section referenced Page number shown on page on page

Section 1, ``Care of Electrical Systems'' ...... 173±174 ...... Original ...... 1972 Section 3, ``Electric ``Wire'' ...... 179, 180, 180±1,180±2, 181, 181±1, 181±2, 182, 3 ...... 1988 182±1, 182±2, 183±185, 185±1, 185±2, 186, 188, 188±1, 188±2. 187, 189±193 ...... Original ...... 1972 Section 5, ``Connectors'' ...... 196,200 ...... 3 ...... 1988 197±199 ...... Original ...... 1972 Section 7, ``Routing,Tying, Lacing, and Clamping'' ..... 203, 204, 206±209 ...... Original ...... 1972 205, 205±1, 205±2 ...... 3 ...... 1988

Chapter 20 of Boeing Wiring Diagram Group, P.O. Box 3707, Seattle, Washington Issued in Renton, Washington, on August Manual Document D6–54446 contains the 98124–2207. Copies of FAA Advisory 2, 1996. following list of effective pages: Circular (AC) 4313–1A may be obtained from Gary L. Killion, Superintendent of Documents, U.S. Acting Manager, Transport Airplane Date shown on Government Printing Office, Washington, DC Directorate, Aircraft Certification Service. Page title and number page 20402. Copies of all of these documents may [FR Doc. 96–20307 Filed 8–9–96; 8:45 am] be inspected at the FAA, Transport Airplane Title Page ...... December 1, 1991. BILLING CODE 4910±13±U Revision Transmittal June 1, 1994. Directorate, 1601 Lind Avenue, SW., Renton, Pages 1±6. Washington; or at FAA, Atlanta Aircraft Revision Record Pages December 1, 1991. Certification Office, Small Airplane 14 CFR Part 71 1, 2. Directorate, Campus Building, 1701 Temporary Revision December 1, 1991. Columbia Avenue, Suite 2–160, College Park, [Airspace Docket No. 96±AGL±4] Record Pages 1, 2. Georgia 30337–2748; or at the Office of the List of Effective Pages June 1, 1994. Federal Register, 800 North Capitol Street, Establishment of Class E Airspace; 1±30. NW., suite 700, Washington, DC. Menomonie, WI; Correction (g) This amendment becomes effective on AGENCY: Federal Aviation This incorporation by reference was August 27, 1996. approved by the Director of the Federal Administration (FAA), DOT. Register in accordance with 5 U.S.C. 552(a) ACTION: Final rule; correction. and 1 CFR part 51. Copies of Boeing Manufacturing Drawing D65446 may be SUMMARY: This corrective action changes obtained from Boeing Commercial Airplane the effective date for the establishment 41736 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations of the Class E airspace area at Score ACTION: Final rule; correction. V–94 [Corrected] Field, Menomonie, WI, which was From Blythe, CA, INT Blythe 094° and Gila published in the Federal Register of SUMMARY: This action corrects a final Bend, AZ, 299° radials; Gila Bend; Stanfield, July 10, 1996. This action also corrects rule published in the Federal Register AZ; 55 miles, 74 miles, 95 MSL, San Simon, an error in the geographic coordinates of on July 3, 1996 (Airspace Docket No. AZ; Deming, NM; Newman, TX; Salt Flat, the Class E airspace area under the legal 93–ASW–4). In that rule, the airspace TX; Wink, TX; Midland, TX; Tuscola, TX; description. designations for Federal Airways V–63 Glen Rose, TX; Cedar Creek, TX: Gregg and V–94, effective October 10, 1996, County, TX; Elm Grove, LA; Monroe, LA; EFFECTIVE DATE: The effective date of the Greenville, MS; Holly Springs, MS; Jacks final rule published at 61 FR 36285 is were incorrectly described. This action corrects those errors. Creek, TN; Bowling Green, KY. changed to 0901 UTC, October 10, 1996. * * * * * EFFECTIVE DATES: August 12, 1996. This correction is effective 0901 UTC, Issued in Washington, DC, on August 5, October 10, 1996. FOR FURTHER INFORMATION CONTACT: Bil 1996. FOR FURTHER INFORMATION CONTACT: Nelson, Airspace and Rules Division, Jeff Griffith, John A. Clayborn. Air Traffic Division. ATA–400, Office of Air Traffic Airspace Program Director for Air Traffic Airspace Operations Branch, AGL–530. Federal Management, Federal Aviation Management. Aviation Administration, 2300 East Administration, 800 Independence [FR Doc. 96–20511 Filed 8–9–96; 8:45 am] Devon Avenue, Des Plaines, Illinois Avenue, SW., Washington, DC 20591; 60018, telephone (847) 294–7568. telephone (202) 267–8783. BILLING CODE 4910±13±M SUPPLEMENTARY INFORMATION SUPPLEMENTARY INFORMATION: : Federal Register Document 96–17038, Airspace 14 CFR Part 71 History Docket No. 93–ASW–4, published on Federal Register Document 96–17592, July 3, 1996 (61 FR 34722), realigned [Airspace Docket No. 93±ASW±5] Airspace Docket 96–AGL–4, was twelve Federal airways supporting the published July 10, 1996 (61 FR 36285) Dallas/Fort Worth, TX, Metroplex Plan. RIN 2120±AA66 to accommodate a Very High Frequency However, in the rule the description for Omnidirectional Range/Distance V–63 inadvertently showed that the Alteration of VOR Federal Airways; Measuring Equipment (VOR)/DME) for airway traversed the Allen Military Texas runway 27 approach at Score Field, Operations Area (MOA). The airway AGENCY: Federal Aviation should have been described as Menomonie, WI. Upon review of the Administration (FAA), DOT. final rule errors were discovered. The traversing the Howard West MOA ACTION: Final rule; correction. final rule was to be effective on August between 5 and 46 nautical miles (NM) 24, 1996, and it should have been northeast of the Quincy Very High SUMMARY: This action corrects a final effective October 10, 1996. Additionally, Frequency Omnidirectional Range/ rule published in the Federal Register there was an error in the geographical Tactical Air Navigation (VORTAC). This on July 3, 1996 (Airspace Docket No. coordinates of the Class E airspace area. action corrects the V–63 description by 93–ASW–5). In that rule, the airspace This action corrects these errors. adding the correct title of the MOA and designation for Federal Airway V–477, Accordingly, pursuant to the the area of the MOA that the airway effective October 10, 1996, erroneously authority delegated to me, the traverses. Additionally, the airspace omitted a section of the existing route. geographic coordinates of the Class E designation for V–94 inadvertently This action corrects that error. airspace area at Score Field, stated that the airway airspace excluded EFFECTIVE DATE: August 12, 1996. Menomonie, WI, as published in the Restricted Area 5103A (R–5103A), when Federal Register on July 10, 1996 (61 FR in fact, the airway does not penetrate or FOR FURTHER INFORMATION CONTACT: Bil 36285), Federal Register Document 96– encroach upon the restricted airspace Nelson, Airspace and Rules Division, 17592, are corrected as follows: area. This action corrects the ATA–400, Office of Air Traffic Airspace description of V–94 by removing any Management, Federal Aviation § 71.71 [Corrected] reference to R–5103A. Administration, 800 Independence 1. On page 36285, in column 2, in Avenue, SW., Washington, DC 20591; § 71.1, under ‘‘AGL WI E5 Menomonie, Correction of Final Rule telephone: (202) 267–8783. WI’’, last line in the column, correct Accordingly, pursuant to the SUPPLEMENTARY INFORMATION: Federal ‘‘(lat. 44°53′29′′ N, long. 91°52′00′′ W)’’ authority delegated to me, the airspace Register Document 96–17040, Airspace to read ‘‘(lat. 44°53′43′′ N., long. designations for V–63 and V–94, Docket No. 93–ASW–5, published on 91°52′12′′ W.)’’. published in the Federal Register on July 3, 1996 (61 FR 34723), realigned Issued in Des Plaines, Illinois on July 26, July 3, 1996 (61 FR 34723); Federal eleven Federal airways supporting the 1996. Register Document 96–17038, Columns Dallas/Fort Worth, TX, Metroplex Plan. Maureen Woods, 1 and 2, are corrected as follows: However, in the July 3 publication the Manager, Air Traffic Division. * * * * * description for V–477 was inadvertently [FR Doc. 96–20389 Filed 8–9–96; 8:45 am] not defined in its entirety. This action BILLING CODE 4910±13±M V–63 [Corrected] corrects that omission. From Bonham, TX, via McAlester, OK; Razorback, AR; Springfield, MO; Hallsville, Correction of Final Rule 14 CFR Part 71 MO; Quincy, IL; Burlington, IA; Moline, IL; Accordingly, pursuant to the [Airspace Docket No. 93±ASW±4] Davenport, IA; Rockford, IL; Janesville, WI; authority delegated to me, the airspace Badger, WI; Oshkosh, WI; Stevens Point, WI; RIN 2120±AA66 Wausau, WI; Rhinelander, WI, to Houghton, designation for V–477, published in the MI. Excluding that airspace at and above Federal Register on July 3, 1996 (61 FR Alteration of VOR Federal Airways; 10,000 feet MSL from 5 NM north to 46 NM 34724); Federal Register Document 96– Texas north of Quincy during the time that the 17040, Column 2) is corrected as AGENCY: Federal Aviation Howard MOA is activated by NOTAM. follows: Administration (FAA), DOT. * * * * * * * * * * Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41737

V–477 [Corrected] document correcting several errors in Customs proposal and provided From Humble, TX, via INT Humble 349° T.D. 96–48 was published in the arguments supporting its position that and Leona, TX, 139° radials; to Cedar Creek, Federal Register on July 1, 1996 (61 FR unfinished races or rings, which have TX. 33845). the essential characteristics of the This document corrects two * * * * * finished components, should determine Issued in Washington, DC, on August 5, additional errors published in T.D. 96– the country of origin of the bearings, 1996. 48. whether or not additional heat treatment One error involved the Discussion of Jeff Griffith, or other finishing operations are Comments portion of the document Program Director for Air Traffic Airspace performed on the races or rings. under SUPPLEMENTARY INFORMATION. Management. Customs response: Customs agrees Specifically, the public comment [FR Doc. 96–20510 Filed 8–9–96; 8:45 am] with the second commenter. It remains discussion regarding the § 102.20 tariff the position of Customs that the BILLING CODE 4910±13±P shift rule for subheadings 8482.10– operations described by the first 8482.80 (bearings) dealt with only one commenter are merely finishing comment, which was opposed to the operations which do not confer origin. DEPARTMENT OF THE TREASURY proposed tariff shift rule. However, that None of these operations changes the comment discussion failed to reflect Customs Service essential character of the article which that another comment, which was in is processed. The name, character and 19 CFR Parts 10, 12, 102 and 134 favor of the proposed rule, was also use of the article remain the same after received by Customs. This document these operations are performed. See [T.D. 96±48] corrects the comment discussion to National Hand Tool Corp. v. United RIN 1515±AB34 more accurately reflect the totality of States, supra, wherein the court held public comments received on this that operations such as grinding, Rules for Determining the Country of matter. polishing and heat treating are merely Origin of a Good for Purposes of The second error involved the table finishing operations which do not Annex 311 of the North American Free under § 102.20 of the final regulatory constitute a substantial transformation. Trade Agreement; Corrections texts. Specifically, the entry for HTSUS Therefore, the revision of the § 102.20 8540.71–8540.99 reflected a rule for these goods should be adopted AGENCY: U.S. Customs Service, typographical error in that the reference as proposed. Department of the Treasury. ‘‘8540.99’’ should have read ‘‘8540.89’’ ACTION: Final rule; corrections. in the ‘‘HTSUS’’ column and in the Correction to the Final Regulations corresponding ‘‘Tariff shift and/or other At the bottom of page 28975, the entry SUMMARY: This document makes requirements’’ column. This document for HTSUS 8540.71–8540.99 is corrected corrections to the document published sets forth the HTSUS entry in its to read as follows: in the Federal Register which set forth entirety to correct this typographical 8540.71–8540.89—A change to final amendments to the Customs error. Regulations regarding the rules for subheading 8540.71 through 8540.89 determining when the country of origin Corrections of Publication from any other subheading, including another subheading within that group. of a good is one of the parties to the Accordingly, the document published North American Free Trade Agreement in the Federal Register as T.D. 96–48 on Dated: August 6, 1996. (NAFTA) as required by Annex 311 of June 6, 1996 (61 FR 28932) is corrected Stuart P. Seidel, the NAFTA. as set forth below. Assistant Commissioner, Office of EFFECTIVE DATE: Regulations and Rulings. These corrections are Correction to the Discussion of [FR Doc. 96–20398 Filed 8–9–96; 8:45 am] effective August 5, 1996. Comments Section FOR FURTHER INFORMATION CONTACT: BILLING CODE 4820±02±P On page 28949, in the third column, Sandra L. Gethers, Office of Regulations the paragraphs under the heading and Rulings (202–482–6980). Subheadings 8482.10–8482.80 SUPPLEMENTARY INFORMATION: (Bearings) are corrected to read as DEPARTMENT OF STATE Background follows: Comments: The § 102.20 rule set forth 22 CFR Part 126 On June 6, 1996, Customs published in the May 5, 1995, notice of proposed [Public Notice 2422] in the Federal Register (61 FR 28932) as rulemaking for subheadings 8482.10 T.D. 96–48 a document which adopted through 8482.80 provides as follows: Bureau of Political-Military Affairs; as a final rule, with some modifications, A change to subheading 8482.10 Amendment to the List of Proscribed interim amendments to the Customs through 8482.80 from any other Destinations Regulations that established the rules heading; or for determining when the country of A change to subheading 8482.10 AGENCY: Department of State. origin of a good is one of the parties to through 8482.80 from any other ACTION: Final rule. the North American Free Trade subheading, including another Agreement (NAFTA) as required by subheading within that group, except SUMMARY: The Department of State is Annex 311 of the NAFTA. Those final from inner or outer races or rings of amending the International Traffic in NAFTA Marking Rules apply only to all subheading 8482.99. Arms Regulations (ITAR) to reflect that goods imported from Canada or Mexico Two comments were received on the it is no longer the policy of the United other than textile and apparel products, proposed rule. The first commentor States to deny licenses, other approvals, and do not apply to trade with other claimed that the processes of grinding, exports and imports of defense articles countries. The June 6, 1996, notice polishing and heat treating of rings and and defense services, destined for or provided for an August 5, 1996, races should confer origin. The second originating in Ukraine. All requests for effective date for the final regulations. A commenter strongly supported the approval involving items covered by the 41738 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

U.S. Munitions List will be reviewed on DEPARTMENT OF LABOR Inclusion of other industries in the scope of a case-by-case basis. the standard would require the Agency to Occupational Safety and Health consider many diverse situations that are EFFECTIVE DATE: August 2, 1996. Administration likely to be germane only to these industries. The construction industry, for example, is an FOR FURTHER INFORMATION CONTACT: 29 CFR Part 1926 extensive user of temporary wiring, which is Gordon J. Stirling, Office of Arms frequently moved and is often used under a Transfer and Export Control Policy, Incorporation of General Industry wide range of safety-related work practices Bureau of Political-Military Affairs, Health and Safety Standards recommended for use. Department of State (202/647–0397). Applicable to Construction Work Also, the Regulatory Impact Analysis stated (55 FR at 32011) ‘‘The standard SUPPLEMENTARY INFORMATION: In AGENCY: Occupational Safety and Health will apply to every major standard connection with the President’s policy Administration, Department of Labor. industrial code (SIC) with the exception that U.S. laws and regulations be ACTION: Final Rule; correcting of Agriculture, Construction and parts of updated to reflect the end of the Cold amendment. Mining, Transportation, Communication War, the Department of State is and Public Utilities.’’ amending the ITAR to reflect that it is SUMMARY: This document corrects errors no longer the policy of the United in the Incorporation of General Industry Exemption From Delayed Effective Date States, pursuant to 22 CFR § 126.1, to Health and Safety Standards Applicable Requirement deny licenses, other approvals, exports to Construction Work that was Under 5 U.S.C. 553(d)(3), OSHA finds and imports of defense articles and published on June 30, 1993 (58 FR that there is good cause for making this 35076). OSHA is deleting the regulatory defense services, destined for or document effective upon publication in text which incorporated from originating in Ukraine. Requests for the Federal Register. This notice simply §§ 1910.333 and 1910.334 (subpart S— deletes improperly incorporated licenses or other approvals for Ukraine Electrical) into paragraphs (a)(4), (f), and involving items covered by the U.S. requirements from the text of 29 CFR (g) of 1926.416 and paragraph (d) of 1926 subpart K and, accordingly, does Munitions List (22 CFR part 121) will no 1926.417 (subpart K—Electrical), longer be presumed to be disapproved. not increase the existing regulatory because the Agency clearly stated in the burden. This amendment to the ITAR involves preamble to the final rule for Electrical a foreign affairs function of the United Safety-Related Work Practices that the Authority: This document was prepared provisions in question did not apply to under the direction of Joseph A. Dear, States and thus is excluded from the Assistant Secretary of Labor for Occupational major rule procedures of Executive construction employment. Safety and Health, U.S. Department of Labor, Order 12291 (46 FR 13193) and the EFFECTIVE DATE: August 12, 1996. 200 Constitution Avenue, N.W., Washington, procedures of 5 U.S.C. 553 and 554. FOR FURTHER INFORMATION CONTACT: Ms. D.C. 20210. This final rule does not contain a new Anne C. Cyr, Acting Director, Office of List of Subjects in 29 CFR Part 1926 or amended information requirement Information, Division of Consumer subject to the Paperwork Reduction Act Affairs, Room N–3647, Department of Construction industry, Occupational (44 U.S.C. 3501, et seq.). Labor, 200 Constitution Avenue, N.W., safety and health. Washington, D.C. 20210, Telephone: Signed at Washington, D.C., this 5th day of List of Subjects in 22 CFR Part 126 (202) 219–8151. August, 1996. Arms and Munitions, Exports. SUPPLEMENTARY INFORMATION: This Joseph A. Dear, document contains corrections to the Assistant Secretary of Labor. Accordingly, under the authority of Incorporation of General Industry Accordingly, pursuant to sections 6 section 38 of the Arms Export Control Health and Safety Standards Applicable and 8 of the Occupational Safety and Act (22 U.S.C. 2778) and Executive to Construction Work which was Health Act (29 U.S.C. 655 and 657), Order 11958, as amended, 22 CFR published on June 30, 1993 (58 FR section 107 of the Contract Work Hours subchapter M is amended as follows: 35076). OSHA is deleting the regulatory and Safety Standards Act (40 U.S.C. 1. The authority citation for part 126 text incorporated from §§ 1910.333 and 333), 5 U.S.C. 553, Secretary of Labor’s continues to read as follows: 1910.334 into §§ 1926.416 (paragraphs Order No. 1–90 (55 FR 9033), and 29 (a)(4), (f), and (g)) and 1926.417 CFR part 1911, subpart K of 29 CFR part Authority: Secs. 2, 38, 40, 42, and 71, Arms (paragraph (d)), because the Agency 1926 is amended as set forth below: Export Control Act, Pub. L. 90–629, 90 Stat. clearly stated in the preamble to the 744 (22 U.S.C. 2752, 2778, 2780, 2791, and final rule on Electrical Safety-Related PART 1926Ð[AMENDED] 2797); E.O. 11958, 41 FR 4311; E.O. 11322, Work Practices (55 FR 31984, August 6, 32 FR 119; 22 U.S.C. 2658; 22 U.S.C. 287c; 1990) that the provisions in question Subpart KÐ Electrical E.O. 12918, 59 FR 28206. did not apply to construction 1. The authority citation for subpart K § 126.1 [Amended] employment. Any application of of part 1926 continues to read as §§ 1910.333–334 to construction work follows: 2. Section 126.1 is amended by would require further rulemaking. removing ‘‘Ukraine’’ from paragraph (a). The Background section of the Authority: Secs. 6, and 8, Occupational Safety and Health Act (29 U.S.C. 655 and Dated: July 26, 1996. General Industry final rule (55 FR at 657); sec. 107, Contract Work Hours and Lynn E. Davis, 31986) stated as follows: Safety Standards Act (40 U.S.C. 333); Under Secretary of State for Arms Control The Agency is limiting this rulemaking to Secretary of Labor’s Order No. 9–83 (48 FR and International Security Affairs. the prevention of accidents in general 35736) or 1–90 (55 FR 9033), as applicable; 29 CFR part 1911. [FR Doc. 96–20498 Filed 8–9–96; 8:45 am] industry and maritime (which has even fewer electrical safety requirements than general BILLING CODE 4710±25±M industry) because to include other industrial § 1926.416 [Corrected] sectors (such as construction) would 2. Paragraphs (a)(4), (f) and (g) of seriously impede the rulemaking process. § 1926.416 are removed. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41739

§ 1926.417 [Corrected] is acceptable to payment certifying or warrants drawn against funds of the 3. Paragraph (d) of § 1926.417 is agencies. United States, or agencies or removed. Accordingly, there is reasonable instrumentalities thereof, and be able to assurance that payees living in Vietnam negotiate the same for full value. [FR Doc. 96–20425 Filed 8–9–96; 8:45 am] will receive checks drawn against funds * * * * * BILLING CODE 4510±26±P of the United States and will be able to 3. Section 211.2 is revised to read as negotiate the same for full value. For follows: this reason, 31 CFR 211.1(a) is being DEPARTMENT OF THE TREASURY revised to delete the reference to § 211.2 Claims for the release of withheld Vietnam. checks or for the proceeds thereof. Fiscal Service The regulation also contains outdated Claims for the release of checks or references to the Veterans warrants withheld from delivery or for 31 CFR Part 211 Administration. This amendment will the proceeds thereof, shall be filed with RIN 1510±AA55 correctly refer to the Department of the administrative agency which would Veterans Affairs and the Secretary of have originally authorized such Delivery of Checks and Warrants to Veterans Affairs. issuance, e.g., claims arising out of checks or warrants representing Addresses Outside the United States, Rulemaking Analysis Its Territories and Possessions payments under laws administered by Because no notice of proposed the Department of Veterans Affairs shall AGENCY: Financial Management Service, rulemaking is required for this rule, the be filed with the Secretary of Veterans Fiscal Service, Treasury. provisions of the Regulatory Flexibility Affairs, Department of Veterans Affairs, ACTION: Final Rule. Act do not apply. Washington, DC 20420. It has been determined that, because Dated: July 23, 1996. SUMMARY: This final rule revises the this regulation involves a foreign affairs regulations governing the delivery of function of the United States, it is not Russell D. Morris, Treasury checks outside the United subject to Executive Order 12866. Commissioner. States by removing the reference to Therefore, a Regulatory Assessment is [FR Doc. 96–20499 Filed 8–9–96; 8:45 am] Vietnam. With the resumption of not required. BILLING CODE 4810±35±P diplomatic relations, there is reasonable assurance that payees residing in Notice and Comment Vietnam will receive and be able to Because this rule removes a DEPARTMENT OF TRANSPORTATION negotiate Treasury checks for full value. restriction on the delivery of Treasury An additional revision contained in this checks to a foreign country, the National Highway Traffic Safety rule updates a reference to the Department of the Treasury has Administration Department of Veterans Affairs. determined that notice of proposed 49 CFR Part 571 EFFECTIVE DATE: August 12, 1996. rulemaking, public procedure and a delayed effective date are not required FOR FURTHER INFORMATION CONTACT: [Docket No. 95±13, Notice 02] pursuant to 5 U.S.C. 553(a)(1), 5 U.S.C. William S. Mehr, Manager, 553(b)(B) and 5 U.S.C. 553(d)(1). RIN 2127±AF28 Administrative Services Branch, Financial Management Service, List of Subjects in 31 CFR Part 211 Federal Motor Vehicle Safety Department of the Treasury, Foreign banking, Foreign claims, Standards; Glazing Materials Washington, D.C. 20227, (202) 874– Checks. 6932; or Paul M. Curran (Principal AGENCY: National Highway Traffic For the reasons set out in the Attorney) (202) 874–6680. Safety Administration (NHTSA), preamble, 31 CFR Part 211 is amended Department of Transportation (DOT). SUPPLEMENTARY INFORMATION: In as set forth below. response to inquiries from payment ACTION: Final rule. certifying agencies regarding the PART 211ÐDELIVERY OF CHECKS SUMMARY: In this final rule, NHTSA possible resumption of the delivery of AND WARRANTS TO ADDRESSES permits the installation of a new item of Treasury checks to Vietnam, the OUTSIDE THE UNITED STATES, ITS motor vehicle glazing, Item 4A—Rigid Department of the Treasury requested TERRITORIES AND POSSESSIONS information from the Department of Plastic for Use in Side Windows, in State (State) regarding banking and 1. The authority citation for part 211 motor vehicles. In issuing the final rule, postal conditions in that country. State is revised to read as follows: the agency seeks to provide greater has advised that, within the past year, Authority: 5 U.S.C. 301; 31 U.S.C. 321 and flexibility for manufacturers to develop banking facilities in Vietnam have 3329. and use more aerodynamic, lighter improved greatly and should continue weight glazing designs, resulting in 2. Section 211.1(a) is revised to read lower fuel consumption. to do so. as follows: With respect to postal facilities, State DATES: Effective date: This final rule is has proposed a system whereby § 211.1 Withholding delivery of checks. effective September 11, 1996. Treasury checks will be sent by (a) It is hereby determined that postal, Petitions for reconsideration: Any diplomatic pouch to the American transportation or banking facilities in petitions for reconsideration of this final Embassy in Hanoi. Further delivery, by general or local conditions in the rule must be received by NHTSA no hand, to the American Consulate in Ho Republic of Cuba, Democratic later than September 30, 1996. Chi Minh City also will be arranged by Kampuchea, and the Democratic ADDRESSES: Any petition for Embassy personnel. Because of the People’s Republic of Korea (North reconsideration of this final rule should small number of payees residing in Korea) are such that there is not a refer to the docket and notice number Vietnam, this arrangement is feasible for reasonable assurance that a payee in set forth in the heading of this both Treasury and State. Additionally, it those areas will actually receive checks document and be submitted to: 41740 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

Administrator, National Highway GM Petition FR 13688) a notice of proposed Traffic Safety Administration, 400 By letter dated December 15, 1993, rulemaking to amend Standard No. 205 Seventh Street, SW, Washington, DC, General Motors (GM) petitioned NHTSA by permitting a new item of glazing, 20590. to amend Standard No. 205 to relax the Item 4A. The most salient characteristic limitations on the installation of Items of the glazing would be an abrasion FOR FURTHER INFORMATION CONTACT: For resistant outer coating. NHTSA technical information: Mr. John Lee, 4 and 5 rigid plastic glazing so that they can be installed in the side windows of proposed to permit Item 4A glazing in Office of Crashworthiness, NHTSA, all areas where Item 4 glazing is telephone (202) 366–4924, FAX number station wagons and hatchbacks to the rear of all designated seating positions. permitted. In addition, the agency (202) 366–4329. Mr. Lee’s e-mail proposed to permit item 4A glazing to address is: [email protected]. GM subsequently amended its petition, limiting it to Item 4 glazing. (Item 4 be installed in the side windows, For legal information: Ms. Dorothy glazing is required to transmit at least 70 rearward of the ‘‘C’’ pillar and forward Nakama, Office of the Chief Counsel, percent of the light striking it; Item 5 of the ‘‘D’’ pillar, of station wagons and NHTSA, telephone (202) 366–2992, glazing has no such requirement.) hatchbacks, if those windows are not FAX number (202) 366–3820. In support of its petition, GM stated ‘‘laterally adjacent to an outboard designated seating position.’’ NHTSA Both may be reached at: National that the potential benefits of permitting proposed these changes to Standard No. Highway Traffic Safety Administration, plastic glazing in side windows would 205 to provide greater flexibility to 400 Seventh Street, SW, Washington, be reduced mass and greater design flexibility. GM further asserted plastics, manufacturers in selecting and shaping DC 20590. Petitions should not be sent glazing. Use of the new glazing would or faxed to these persons. while retaining good optical quality, can be molded into more complex shapes permit more aerodynamic and lighter SUPPLEMENTARY INFORMATION: than glass. GM concluded that the weight designs and, in turn, would enhance fuel economy. Background combined effect of the more aerodynamic designs possible with NHTSA proposed to make Item 4A glazing subject to all the tests applicable Federal Motor Vehicle Safety plastic glazing and the reduced weight to Item 4 glazing: tests nos. 2 (Luminous Standard (FMVSS) No. 205, Glazing will lower a vehicle’s fuel consumption. Transmittance); 10 (Dart Test); 13 (Ball Materials (49 CFR 571.205), specifies GM acknowledged that Tests 17, Test); 16 (Weathering); 17 Abrasion performance requirements for the types Abrasion Resistance (Plastics), and 18, Abrasion Resistance (Safety Glass), of Resistance (Plastics) (as modified); 19 of glazing that may be installed in motor Chemical Resistance (Nonstressed); 20 vehicles. It also specifies the vehicle ANS Z26 indicate that plastics are not as abrasion resistant as glass. However, Chemical Resistance (Stressed); 21 locations in which the various types of Dimensional Stability (Warpage); and 24 glazing may be installed. The standard GM suggested that concerns about the abrasion resistance of plastic glazing Flammability. incorporates, by reference, American Since Item 4A glazing was proposed National Standards Institute (ANS) may not be well founded, asserting that some evidence shows that Tests 17 and for a location requisite for driving Standard Z26.1, ‘‘Safety Code for Safety visibility, the agency proposed to Glazing Materials for Glazing Motor 18 ‘‘are not necessarily predictive’’ of how glazing will perform under actual supplement Test No. 17 Abrasion Vehicles Operating on Land Highways,’’ use conditions. In support of its Resistance (Plastics). NHTSA tentatively as amended through 1980 (Z26). The assertion, GM attached a summary of a concluded that additional requirements requirements in ANS Z26.1 are study performed by a plastics supplier regarding abrasion were necessary specified in terms of performance tests on a 1988 GM Pontiac Fiero GT sail because the agency did not concur with that the various types or ‘‘items’’ of panel. (A discussion of the sail panel GM’s suggestion that the rearmost side glazing must pass. There are 20 ‘‘items’’ study is provided at 60 FR 13688, March windows in station wagons and of glazing (not including the item that 14, 1995). hatchback vehicles are not requisite for is the subject of this final rule) for GM further asserted that permitting driving safety. Since the agency was which requirements are currently rigid plastic in side windows would not proposing a more stringent abrasion test, specified in Standard No. 205. affect visibility because it believed that it concluded that it was not necessary to To ensure the safety performance of some side windows are not used for propose the adoption of GM’s vehicle glazing, Standard No. 205 visibility. GM analogized station wagon suggestion that use of the rigid plastic includes a total of 31 specific tests. Each and hatchback side windows rearward glazing be limited to vehicles that item of glazing is subjected to an of the ‘‘C’’ pillar to light truck windows provide means (e.g., exterior passenger- appropriate selection of these tests. It is rearward of the ‘‘B’’ pillar and argued side mirrors) of affording visibility of the particular combination of tests that that station wagon and hatchback side the highway to the side and rear of the dictates the requisite properties of a windows rearward of the ‘‘C’’ pillar vehicle. Test 17 specifies that after measuring particular item of glazing, and where in provide no more than auxiliary the initial or pre-abrasion haze of three a motor vehicle the glazing may be visibility. Thus, GM argued station specimens of plastic glazing, those installed. wagon side windows rearward of the ‘‘C’’ pillar should no longer be specimens are subjected to an abrader Rigid plastic materials, such as those considered requisite for driving for 100 cycles. The initial haze is referenced in this rulemaking, are visibility if the driver is provided other subtracted from the amount of haze considered to be Items 4 and 5 glazing. means, such as outside rearview measured after abrasion. The Prior to the issuance of this final rule, mirrors, of viewing the highway to the incremental haze caused by the abrasion no rigid plastics were permitted to be side and rear of the vehicle. must not exceed 15 percent. installed in those areas requisite for On March 14, 1994, NHTSA granted NHTSA proposed that the interior driving visibility because rigid plastics GM’s petition for rulemaking. side of Item 4A glazing be subjected to are more susceptible to abrasion than Test 17, as modified in Standard No. glass. All windows in a passenger car Notice of Proposed Rulemaking 205 for the interior side of glass-plastic are considered requisite for driving On March 14, 1995, NHTSA glazing. As modified for that glazing, visibility. published in the Federal Register (60 Test 17 does not regulate incremental Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41741 haze separately. For that reason, it does NHTSA also stated its belief that since much overlap between a window and a not provide for measuring the initial windows to the rear of the ‘‘C’’ pillar do seating position is necessary before they haze and subtracting that haze from the not roll down, coating only the exterior are said to be laterally adjacent. post-abrasion haze. Instead, modified side should be sufficient. The agency needs to provide guidance Test 17 regulates the total amount of Since NHTSA proposed to permit a regarding the dividing line between post-abrasion haze. NHTSA proposed rigid plastic in a passenger car side windows that are laterally adjacent to a that total post abrasion haze must not window for the first time, the agency seat and windows that are behind a seat. exceed 4 percent. solicited comments on the sufficiency of The determination of lateral adjacency As to the exterior side of Item 4A the proposed provisions for is particularly important to ensure glazing, NHTSA proposed that it be supplementing Test 17. The agency also proper classification of a window that is subjected to Test 17, as modified for the said that it would welcome any located largely, but not totally to the interior side of glass-plastic glazing, comments on the advisability of rear of the rearmost seat on the same except that the haze on the exterior side permitting rigid plastics in station side of the vehicle. An example of such must not exceed 4.0 percent after 100 wagon side windows rearward of the a window is the window between the cycles and must not exceed 10.0 percent ‘‘C’’ pillar and forward of the ‘‘D’’ pillar. ‘‘C’’ and ‘‘D’’ pillars in some station after 500 cycles. Specimens used for wagons. The ‘‘C’’ pillar on those Public Comments on the NPRM and testing the exterior side of the glazing vehicles slants forward so that its upper NHTSA Response would not be used for testing the end is forwardmost. The leading edge of interior side. In response to the NPRM, NHTSA the window is not laterally adjacent to The agency proposed to regulate total received comments from the American the seat cushion of the rearmost seating haze and not just incremental haze Automobile Manufacturers Association, position, but is laterally adjacent to the because of its concern that the initial Bayer Corporation, Chrysler leading surface of the upper seat back of haze of the plastic glazing would not be Corporation, Ford Motor Company, that position. Such a window is so low as it is for glass. In the case of General Motors, Libbey-Owens-Ford, contactable by an occupant seated in glass-plastic glazing and the Fiero panel Perrone Forensic Consulting, Inc., S & that position, particularly in a crash in cited by GM as an example of viable S/Superior of Ohio, Inc., Safety Systems which the vehicle is struck in the rear plastic glazing, the initial haze is very Company, and Sekurit. Each commenter at an angle. low. However, other plastic glazing may either supported or did not oppose the After considering several alternatives have sufficiently higher levels of initial proposed changes to Standard No. 205. for giving more definitive guidance on haze that the total amount of haze after The commenters raised issues that are determining which windows are eligible abrasion would be unacceptably high addressed below. for Item 4A installation, NHTSA has for visibility purposes. decided to adopt an approach that, Locations for Item 4A Glazing Since the 4 percent haze limitation unlike the proposal, does not refer to may not ensure that Item 4A glazing has In response to the NPRM, Ford asked any particular vehicle type. Instead, the the hard, abrasion resistant coating used that Standard No. 205 be amended to approach is based on the relative by GM to achieve good performance in permit rigid plastics ‘‘in the ‘‘C’’ pillar location of a window in any vehicle and its Fiero GT sail panel example, NHTSA of vehicles for ornamental/decorative the occupant seats in that vehicle. The believed it is also necessary to test at purposes * * * in all vehicles.’’ approach is further based on the least the exterior side of fixed glazing Adoption of Ford’s suggestion would procedure in Federal Motor Vehicle for longer term resistance to abrasion. permit a portion of a vehicle’s ‘‘C’’ pillar Safety Standard No. 210, Seat Belt NHTSA therefore proposed to subject sheet metal to be replaced with a Assembly Anchorages, and in Figure 1 the exterior side of item 4A glazing test decorative applique or window made thereof for locating the shoulder specimens to an additional 400 cycles of from rigid plastic. Ford stated that with reference point. That point is used abrasion. Based in part on information the small surface area of the ‘‘C’’ pillar under that Standard to locate the from the American Automobile and the rigid plastic surface affixed to acceptable range for the location of the Manufacturers Association, NHTSA the sheet metal structure, ‘‘the upper torso anchorage for a type 2 safety proposed 10 percent as the maximum resistance to fracture of a polycarbonate belt. permissible haze after those additional should not involve any unreasonable NHTSA is amending S5.1.2.11 of cycles. This level of performance is risk for safety.’’ Standard No. 205 to permit Item 4A thought to be indicative of hard coated S & S/Superior of Ohio, Inc. suggested glazing in a motor vehicle window if the products. GM submitted data on the NHTSA permit Item 4A glazing in forwardmost point of the visible interior performance of the coated glazing in the hearses (funeral coaches) between the surface of the window is rearward of the Fiero, but did not premise its request ‘‘B’’ pillar and ‘‘D’’ pillar. S & S stated vertical transverse plane that passes regarding plastic glazing upon the use of that hearses ‘‘are manufactured with a through the shoulder reference point (as coated plastic glazing. Instead, it simply partition at the ‘‘B’’ pillars—separating described in Figure 1 of Standard No. sought permission to use uncoated Item the driver’s compartment from the rear 210) of the rearmost seating position in 4 glazing. The hard coating necessitated compartment’’ and noted there is no the vehicle, provided that that position by the additional cycles of abrasion seating behind the ‘‘B’’ pillar. is forward-facing and cannot be adjusted would ensure that Item 4A glazing It has always been NHTSA’s intent so that it is side or rear-facing. In this would have the level of abrasion that Item 4A glazing not be permitted in final rule, NHTSA has decided not to resistance demonstrated by the Fiero GT areas where it may come into contact permit Item 4A glazing near rear-facing sail panel. No such assurance exists for with an occupant’s head. To accomplish seats or side-facing seats in any motor Item 4 glazing. The value of hard this goal, NHTSA proposed that Item 4A vehicle because it is concerned that coatings has been demonstrated in be limited to glazing areas in station occupants (particularly unbelted ones) headlamp applications where plastic wagons and hatchbacks that are behind riding in those seating locations may be lenses have been allowed to replace the ‘‘C’’ pillar and behind the ‘‘D’’ pillar, able to contact their heads against Item glass lenses. The agency stated its belief if those areas are not ‘‘laterally adjacent 4A glazing. that coating technology should be to an outboard designated seating Adoption of this approach has the equally suitable for glazing applications. position.’’ NHTSA did not discuss how advantage of permitting Item 4A glazing 41742 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations in vehicles other than station wagons just the amount of haze after completion Statistical Data on Item 4A Glazing and hatchbacks, while assuring that it is of the abrasion test. LOF stated that Safety Systems Company very unlikely that the rigid plastic initial haze should not exceed 1.0 recommended that the proposed rule be glazing will be contacted by any percent to guarantee that the initial haze amended to require manufacturers to occupant’s head. Since the adopted of the glazing is ‘‘at an acceptable provide NHTSA with the makes, models criteria do not limit Item 4A installation level.’’ In support of the suggested 1.0 and Vehicle Identification Numbers to locations between the ‘‘C’’ and ‘‘D’’ level, LOF stated that it reviewed its test (VINs) of vehicles using the Item 4A pillars in station wagons and records over 20 years and has not found glazing so that statistical data on Item hatchbacks, they permit Item 4A glazing any AS–1, AS–2, or AS–14 products 4A glazing can be collected. Safety installation in any vehicle location that with an initial haze level over 1.0 Systems further recommended that the can meet that approach. Thus, Item 4A percent. It further stated that studies National Accident Sampling System glazing could be installed in the ‘‘C’’ done in Europe ‘‘strongly suggested that crash data collection procedures be pillar of vehicles and between the ‘‘B’’ high haze levels in windshields amended to provide for recording this and ‘‘D’’ pillars in hearses (funeral interfere with night driving visibility,’’ new vehicle glazing element, and detect coaches) if those locations met the and that some plastic materials have injuries due to possible fracture patterns criteria. relatively high initial haze levels. NHTSA concurs with LOF’s comment of the glazing or other glazing problems. Ejection Resistance Issues and Rigid insofar as it applies to Item 4A glazing. NHTSA believes there may be merit Plastic Glazing Limiting the initial haze level would in adopting Safety System’s suggestion Several commenters stated that rigid enhance safety by ensuring a maximum for obtaining glazing information from plastic windows have the potential to acceptable haze level that the unused vehicle manufacturers. However, keep occupants in the vehicle in the rigid plastic glazing must meet. In light adopting that suggestion would not event of a crash, rather than permitting of the fact that the Pontiac Fiero sail necessitate changes in Standard No. their ejection through the window panel cited in GM’s test (see 60 FR 205, or any other NHTSA regulation. opening. Repeating an earlier comment, 13688, March 14, 1995) had an initial NHTSA intends to find means to collect Sekurit urged NHTSA to adopt ‘‘an haze level of 0.49 percent, and after the suggested information without overall policy and plan to address the testing (over six years, when the Fiero imposing an undue collection of role of glazing, including glass, glass- was driven ‘‘over 41,000 miles’’), had a information burden on manufacturers. plastic, and plastic, in crash prevention 0.87 percent haze level, NHTSA Characterization of the New Item of and crash injury prevention.’’ Safety believes that meeting an initial haze Glazing Systems Company noted that if, in the level limit of 1.0 percent is practicable future, NHTSA should specify a head and appropriate. In the final rule, Bayer Corporation objected to impact test and an ejection resistance NHTSA amends the language of NHTSA’s calling the new item of test in Standard No. 205, that both tests S5.1.2.11(b)(1) to establish an initial glazing ‘‘Rigid Plastic’’, since in its be made applicable to Item 4A glazing. maximum haze level of 1.0 percent for opinion, it ‘‘sends an unfortunate Perrone recommended that Item 4A Item 4A glazing. message based on a misinterpretation of be subject to an ejection resistance test LOF also commented that since the FMVSS 205 and creates a monopoly for in conjunction with the other tests (such long term durability of abrasion glass in other items.’’ NHTSA does not as abrasion resistance) that would be resistant exterior coatings, and of the believe that the name of the new item used to define the item of glazing. This adhesion between the coating and the of glazing will have the effect recommendation was based on substrate are a potential concern, a anticipated by Bayer. The opportunity Perrone’s belief that plastic glazing can single sample of Item 4A glazing should to use rigid plastic in other areas of a potentially keep ‘‘occupants in the be subjected to a weathering test and passenger car is not limited by the vehicle rather than permitting then an abrasion test. NHTSA believes names of the items of glazing that may dangerous ejection.’’ It cited a need to it has addressed LOF’s concerns in part be used in those areas but by the establish a test procedure to ensure by making Test 16 Weathering and Test performance tests applicable to those ‘‘that the end fixity of these various 17, Abrasion Resistance applicable to items. Other glazing items for use in glazing materials is adequate around the Item 4A glazing. NHTSA made changes passenger car windows are not periphery.’’ to Test 17 to ensure that Test 17 described with the term ‘‘glass.’’ Item 1 NHTSA agrees that there may be regulates total haze and to test the glazing is ‘‘Safety Material for Use benefit in further investigating the exterior side of plastic glazing to ensure Anywhere in Motor Vehicle’’ and Item ejection mitigation potential of plastic longer term resistance to abrasion. 2 is ‘‘Safety Material for Use Anywhere and other types of glazing. However, However, NHTSA acknowledges that in Motor Vehicle Except Windshields.’’ NHTSA does not yet have the necessary in this final rule, Tests 16 and 17 would Naming Item 4A glazing ‘‘Rigid Plastic’’ data to propose the changes that not be applied to the same sample of simply calls attention to the fact that for Perrone, Safety Systems, and Sekurit glazing. NHTSA does not have data to the first time, there is an item of glazing recommend. NHTSA intends to indicate that applying Tests 16 and 17 permitted in passenger car side continue to examine the ejection to the same piece of glazing would windows which is defined by tests that mitigation potential of various types of significantly enhance safety. However, can be met by rigid plastic. Accordingly, glazing. NHTSA will consider the NHTSA intends to monitor the NHTSA is calling Item 4A ‘‘Rigid commenters’ recommendations in any performance of Item 4A glazing Plastics for Use in Side Windows.’’ installed in motor vehicles. If NHTSA future rulemakings on the ejection Final Rule resistance issue. should obtain data indicating a safety value in performing Tests 16 and 17 (or With the exception that it adopts Haze and Abrasion Issues other tests for weathering and abrasion Standard No. 210’s shoulder reference Libbey-Owens-Ford (LOF) resistance of plastics) on the same point as the basis for determining the recommended that Test No. 17, sample of glazing, NHTSA will consider windows in which Item 4A glazing may Abrasion Resistance, be modified to initiating rulemaking to establish such be installed, restricts placement of Item limit initial total haze to 1.0 percent, not tests. 4A glazing near rear-facing and side- Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41743 facing seats, and establishes an initial has not prepared a regulatory flexibility materials conforming to S5.1.2.1, maximum haze level of 1.0 percent, analysis. S5.1.2.2, S5.1.2.3, S5.1.2.4, S5.1.2.5, NHTSA adopts its proposal without S5.1.2.6, S5.1.2.7, S5.1.2.8 and S5.1.2.11 3. Executive Order 12612 (Federalism) change. may be used in the locations of motor This action has been analyzed in vehicles specified in those sections. Effective Date accordance with the principles and * * * * * criteria contained in Executive Order In response to the NPRM, Chrysler S5.1.2.10 Cleaning instructions. (a) 12612, and it has been determined that suggested that the agency establish an Each manufacturer of glazing materials the final rule does not have sufficient early effective date for the new glazing designed to meet the requirements of Federalism implications to warrant requirements so that vehicle S5.1.2.1, S5.1.2.2, S5.1.2.3, S5.1.2.4, manufacturers may take immediate preparation of a Federalism Assessment. No State laws are affected. S5.1.2.5, S5.1.2.6, S5.1.2.7, S5.1.2.8, or advantage of Item 4A glazing. NHTSA S5.1.2.11 shall affix a label, removable agrees it would be beneficial for 4. National Environmental Policy Act by hand without tools, to each item of industry and consumers if Item 4A The agency has considered the glazing materials. *** glazing is permitted in the near future. environmental implications of this final * * * * * NHTSA finds that there is good cause rule in accordance with the National S5.1.2.11 Test procedures for Item for concluding that an effective date Environmental Policy Act of 1969 and 4A—Rigid Plastic for Use in Side earlier than 180 days is in the public determines that the rule does not Windows Rearward of the ‘‘C’’ pillar. (a) interest. The final rule will take effect significantly affect the human Glazing materials that comply with 30 days after its publication in the environment. Tests Nos. 2, 10, 13, 16, 17, as that test Federal Register. 5. Executive Order 12778 (Civil Justice is modified in S5.1.2.9(c) (on the Rulemaking Analyses and Notices Reform) interior side only), 17, as that test is modified in paragraph (b) of this section 1. Executive Order 12866 and DOT This final rule does not have any (on the exterior side only), 19, 20, 21, Regulatory Policies and Procedures retroactive effect. Under 49 U.S.C. and 24 of ANS Z26.1, may be used in 30103, whenever a Federal motor the following specific locations: This final rule was not reviewed vehicle safety standard is in effect, a under Executive Order 12866 (1) All areas in which Item 4 safety State may not adopt or maintain a safety glazing may be used. (Regulatory Planning and Review). standard applicable to the same aspect (2) Any side window that meets the NHTSA has analyzed the impact of this of performance which is not identical to criteria in S5.1.2.11(a)(2)(i) and (ii): rulemaking action and determined that the Federal standard, except to the it is not ‘‘significant’’ within the extent that the State requirement (i) Is in a vehicle whose rearmost meaning of the Department of imposes a higher level of performance designated seating position is forward- Transportation’s regulatory policies and and applies only to vehicles procured facing and cannot be adjusted so that it procedures. Installation of the new item for the State’s use. 49 U.S.C. 30161 sets is side or rear-facing; and of glazing is not required. This final rule forth a procedure for judicial review of (ii) The forwardmost point on its gives manufacturers more flexibility in final rules establishing, amending or visible interior surface is rearward of the the selection of motor vehicle glazing. revoking Federal motor vehicle safety vertical transverse plane that passes NHTSA believes that installation of this standards. That section does not require through the shoulder reference point (as new item of glazing makes possible submission of a petition for described in Figure 1 of § 571.210 Seat reduced weight and better aerodynamic reconsideration or other administrative belt assembly anchorages) of that design of vehicles resulting in the use of proceedings before parties may file suit rearmost seating position. less fuel. However, the fuel savings may in court. (b)(1) The initial maximum haze level be slight. For these reasons, NHTSA shall not exceed 1.0 percent. The List of Subjects in 49 CFR Part 571 believes that this final rule does not specimens are subjected to abrasion for impose any additional costs and does Motor vehicle safety, Reporting and 100 cycles and then carefully wiped not yield any significant savings for recordkeeping requirements, Tires. with dry lens paper (or its equivalent). vehicle manufacturers, glazing In consideration of the foregoing, the The light scattered by the abraded track manufacturers, or consumers. The agency amends part 571 of title 49 of the is measured in accordance with Test 17. impacts are so minimal as not to Code of Federal Regulations as follows: The arithmetic mean of the percentages warrant preparation of a full regulatory of light scattered by the three specimens evaluation. PART 571Ð[AMENDED] shall not exceed 4.0 percent after being subjected to abrasion for 100 cycles. 2. Regulatory Flexibility Act 1. The authority citation for part 571 continues to read as follows: (2) The specimen is remounted on the specimen holder so that it rotates In accordance with the Regulatory Authority: 49 U.S.C. 322, 30111, 30115, Flexibility Act, NHTSA has evaluated 30117, 30166; delegation of authority at 49 substantially in a plane and subjected to the effects of this action on small CFR 1.50. abrasion for an additional 400 cycles on the same track already abraded for 100 entities. Based upon this evaluation, I 2. Section 571.205, is amended by certify that the final rule will not have cycles. Specimens are carefully wiped revising S5.1.2; revising the first after abrasion with dry lens paper (or its a significant economic impact on a sentence of paragraph (a) of S5.1.2.10, substantial number of small entities. equivalent). The light scattered by the adding S5.1.2.11, and revising S6.1, to abraded track is then measured as This final rule does not require use of read as follows: any particular type of glazing, but specified in Test 17. The arithmetic provides manufacturers more flexibility § 571.205 Standard No. 205, Glazing mean of the percentages of light in the choice of glazing primarily for materials. scattered by the three specimens shall station wagons and hatchbacks. This * * * * * not exceed 10.0 percent after being final rule will not affect the price of new S5.1.2 In addition to the glazing subjected to abrasion for 500 cycles. motor vehicles. Accordingly, the agency materials specified in ANS Z26, * * * * * 41744 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

S6.1 Each prime glazing material FOR FURTHER INFORMATION CONTACT: at 50 CFR part 679 (61 FR 31228, June manufacturer, except as specified David Ham, 907–586–7228. 19, 1996). The proposed rule would below, shall mark the glazing materials have amended the preconsolidation SUPPLEMENTARY INFORMATION: it manufactures in accordance with regulations, the final rule makes the section 6 of ANS Z26. The materials Background respective amendments to the specified in S5.1.2.1, S5.1.2.2, S5.1.2.3, The domestic groundfish fisheries in consolidated regulations. S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, the exclusive economic zone of the Second, one paragraph, S5.1.2.8, and S5.1.2.11 shall be Bering Sea and Aleutian Islands § 679.32(e)(1)(vi), was inadvertently identified by the marks ‘‘AS 11C’’, ‘‘AS management area (BSAI) are managed included in the consolidated regulations 12’’, ‘‘AS 13’’, ‘‘AS 14’’, ‘‘AS 15A’’, ‘‘AS by NMFS in accordance with the (50 CFR part 679), but should have been 15B’’, ‘‘AS 16A’’, ‘‘AS 16B’’, and ‘‘AS Fishery Management Plan for the included in this rule. A correction 4A’’, respectively. A prime glazing Groundfish Fishery of the Bering Sea document was published to remove the material manufacturer is one which and Aleutian Island Area (FMP). The paragraph (61 FR 37843, July 22, 1996). fabricates, laminates, or tempers the FMP was prepared by the Council and This rule adds this paragraph, which glazing material. approved by NMFS under the reads ‘‘The receiving bins must not be * * * * * Magnuson Fishery Conservation and filled in a manner that obstructs the Issued on: August 7, 1996. Management Act (Magnuson Act). The viewing ports or prevents the observer Ricardo Martinez, FMP is implemented by regulations that from seeing the level of fish throughout Administrator. appear at 50 CFR part 679. General the bin.’’ [FR Doc. 96–20517 Filed 8–9–96; 8:45 am] regulations that also govern the Response to Comments BILLING CODE 4910±59±P groundfish fisheries appear at 50 CFR A 30-day public comment period on part 600. the proposed rule ended on June 13, Community Development Quota 1996. Three letters of comment DEPARTMENT OF COMMERCE programs are in effect in the BSAI for supporting the proposed rule, and one the pollock, Pacific halibut, and fixed letter of general comment were received National Oceanic and Atmospheric gear sablefish fisheries. Final rules during the comment period. These four Administration implementing these programs were comments are summarized and published for pollock on December 12, 50 CFR Part 679 responded to below. 1995 (60 FR 63654), corrected at 61 FR Comment 1: Three letters of comment [Docket No. 960501122±6213±02; I.D. 20 (January 2, 1996), and for halibut and were received supporting the addition 042596A] sablefish (H/S) on November 9, 1993 (58 of Akutan to the list of eligible CDQ FR 59375). RIN 0648±AI46 communities. The pollock and H/S CDQ programs Response: NMFS notes these Fisheries of the Exclusive Economic apportion a designated percentage of the comments. Zone Off Alaska; Addition of Akutan to annual total allowable catch for pollock, Comment 2: One letter of comment List of Eligible Communities Pacific halibut, and fixed gear sablefish was received requesting NMFS to to separate CDQ reserves that may be consider for the proposed multispecies AGENCY: National Marine Fisheries allocated to eligible western Alaska CDQ program volumetric measurements Service (NMFS), National Oceanic and communities. The purpose of the CDQ for estimating total catch as opposed to Atmospheric Administration (NOAA), programs is to provide the CDQ total weight estimations because of the Commerce. communities with a means for starting inherent problems with estimating total ACTION: Final rule. or supporting commercial seafood weight on processor vessels. activities that will result in ongoing, Response: A proposed rule is under SUMMARY: NMFS adds the city of Akutan regionally based, commercial seafood or development to implement a proposed to the list of western Alaska related businesses. This final rule FMP amendment that would extend the communities that are eligible to implements the following changes to the CDQ program to include additional participate in the Community CDQ regulations that were published as species. If approved, NMFS will require Development Quota (CDQ) programs, a proposed rule in the Federal Register the most reliable method to measure removes the authority to use scales to on May 15, 1996 (61 FR 24475): CDQ catches of groundfish. weigh total catch in the pollock CDQ 1. The city of Akutan is added to the fishery, and prohibits processor vessels list of western Alaska communities that Classification from filling fish holding bins above the are eligible to participate in the CDQ NMFS prepared an FRFA as part of level of the viewing port. These actions programs. the RIR. A copy of this analysis is are necessary to further the objectives of 2. The authority for processing vessels available from NMFS (see ADDRESSES). the CDQ programs. These actions are to use scales to weigh total catch in the The addition of Akutan to the list of intended to extend benefits of the CDQ pollock CDQ fishery is removed. eligible CDQ communities in the programs to an additional community 3. Processor vessels are prohibited Aleutian Region would affect a and to improve monitoring of CDQ from filling fish holding bins above the substantial number of small entities, harvests. level of the viewing port. that is, the other five communities EFFECTIVE DATE: September 9, 1996. currently participating in the CDQ ADDRESSES: Individual copies of the Changes from the Proposed Rule program. Akutan would be expected to environmental assessment/regulatory Two changes were made from the receive some CDQ support, and support impact review (RIR)/final regulatory proposed rule in the final rule. First, would be reduced for one or more of the flexibility analysis (FRFA) prepared for since publication of the proposed rule, other communities accordingly. While it this action may be obtained from the the Federal regulations implementing is possible that Akutan would receive Fisheries Management Division, Alaska Alaska fishery management plans have only a very small allocation and the Region, NMFS, P.O. Box 21668, Juneau, undergone a comprehensive resulting reallocations would not have a AK 99802, Attn: Lori Gravel. consolidation and have been recodified significant impact, it is more likely that Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41745 the reallocations would reduce the gross PART 679ÐFISHERIES OF THE (e) Processor vessel measurement revenues of the other five communities EXCLUSIVE ECONOMIC ZONE OFF requirements. Each processor vessel by more than 5 percent, thus having a ALASKA participating in the CDQ fishery for significant economic impact on these pollock must estimate the total weight entities. It would be speculative to try 1. The authority citation for part 679 of its groundfish catch by the volumetric continues to read as follows: to predict specific allocations or procedures specified in this paragraph impacts. The economic impact on other Authority: 16 U.S.C. 773 et seq., 1801 et (e). communities is not a factor to be seq. * * * * * considered in determining whether a 2. In § 679.30, the last sentence of (6) Bin viewing port. The receiving particular community is eligible under paragraph (d)(2)(iv) is revised to read as bins must not be filled in a manner that the CDQ program. Accordingly, there follows: obstructs the viewing ports or prevents are no practical alternatives available or § 679.30 General CDQ regulations. the observer from seeing the level of fish that could be considered to reduce or throughout the bin. minimize the economic impact on other * * * * * 4. In Table 7 the heading is revised communities if Akutan is added to the (d) * * * (2) * * * and the entries under ‘‘Aleutian Region’’ list of CDQ communities. The other (iv) * * * The community of Unalaska are revised, to read as follows: Table 7 aspects of this final rule are not is excluded under this provision. to Part 679—Communities Determined expected to have a significant economic to be Eligible to Apply for Community impact on a substantial number of small * * * * * 3. In 679.32, paragraph (e), the Development Quotas (Other entities. introductory text is revised, the heading communities that do not appear on this This rule has been determined to be for paragraph (e)(1) is removed, table may also be eligible). not significant for purposes of E.O. paragraph (e)(2) is removed, paragraphs Aleutian Region: 12866. (e)(1)(i) through (e)(1)(vi) are redesignated as paragraphs (e)(1) 1. Akutan List of Subjects in 50 CFR Part 679 through (e)(6) respectively, current 2. Atka Fisheries, Reporting and paragraphs (e)(1)(iii)(A) through 3. False Pass (e)(1)(iii)(D) are redesignated as recordkeeping requirements. 4. Nelson Lagoon paragraphs (e)(3)(i) through (e)(3)(iv) Dated: August 5, 1996. respectively, and newly redesignated 5. Nikolski C. Karnella, paragraph (e)(6) is added as follows: 6. St. George Acting Program Management Officer, 7. St. Paul National Marine Fisheries Service. § 679.32 Estimation of total pollock harvest in the CDQ fisheries (applicable * * * * * For reasons set out in the preamble, through December 31, 1998). [FR Doc. 96–20433 Filed 8–9–96; 8:45 am] 50 CFR part 679 is amended as follows: * * * * * BILLING CODE 3510±22±W 41746

Proposed Rules Federal Register Vol. 61, No. 156

Monday, August 12, 1996

This section of the FEDERAL REGISTER Puerto Rico, the U.S. Virgin Islands, and Alaska and Hawaii, where it might be contains notices to the public of the proposed Guam and the Commonwealth of the advantageous to involve employees issuance of rules and regulations. The Northern Mariana Islands. from each of the allowance areas. All purpose of these notices is to give interested OPM conducts living-cost surveys in committee and subcommittee members persons an opportunity to participate in the these areas annually and compares the would be current full-time Federal rule making prior to the adoption of the final results with surveys conducted in the rules. employees performing official business Washington, DC, area, as required by 5 of the Federal Government. Therefore, U.S.C. 5941 and E.O. 10000. A cost-of- the Federal Advisory Committee Act is OFFICE OF PERSONNEL living allowance rate is then derived for inapplicable. MANAGEMENT each allowance area, which by law Committees would be composed of up cannot exceed 25 percent of the rate of to five agency representatives and five 5 CFR Part 591 basic pay for eligible employees. labor organization representatives from OPM publishes the results of these RIN 3206±AH56 the local area, as well as one or more surveys in the Federal Register. (The OPM representatives. The agency and Cost-of-Living Allowances (Nonforeign most recent survey, for Alaska areas employee representatives would be Areas); Partnership Pilot Project only, was published on February 2, invited from the four agencies and four 1996 (61 FR 4070).) Because of the labor organizations with the largest AGENCY: Office of Personnel interest in employee involvement number of COLA recipients in each Management. shown in comments on the surveys, area, as determined by OPM. OPM ACTION: Proposed rule. OPM believes increasing agency and would further invite one additional employee participation in the survey agency selected from among the other SUMMARY: The Office of Personnel process could greatly enhance the COLA agencies in each area to designate a Management (OPM) is proposing a pilot program. This coincides with OPM’s representative to serve on the committee project to establish a partnership with own desire to introduce partnership into on a 1-year rotating basis. Similarly, one agencies and employees in the allowance-setting process in the additional labor organization would be administering the nonforeign area cost- COLA areas and is responsive to asked to nominate a representative to of-living allowance (COLA) program. National Performance Review objectives serve on a 1-year rotating basis. Under the project, COLA partnership on forming management/employee Alternatively, affected agencies and committees would be established in partnerships. labor organizations may agree to select Alaska, Hawaii, Puerto Rico, Guam, and committee members using other means. the U.S. Virgin Islands to assist OPM in COLA Partnership Pilot Project Each participating agency shall reviewing and improving the COLA OPM proposes to initiate a COLA provide the necessary support program. Involvement in the committees Partnership Pilot Project that would (including staff time and travel should help OPM, affected agencies, provide for greater agency and employee expenses, if needed) for its committee and their employees better understand involvement in the nonforeign area cost- member(s). OPM anticipates that all issues relating to the compensation of of-living allowance program. Under this agency and employee representatives Federal employees in these areas. The proposal, OPM would establish COLA would reside in the immediate area, so proposed regulations would also make a partnership committees, composed of non-local travel expenses and per diem technical amendment to clarify the term representatives of OPM, other agencies, should not be necessary. Agencies may ‘’agency’’ as it applies to the COLA and labor organizations in Alaska, have to reimburse employees for local program. Hawaii, Puerto Rico, Guam, and the U.S. travel. OPM would provide appropriate Virgin Islands. The committees would— DATES: Comments must be received on administrative support and coordination (1) Advise and assist OPM in or before September 11, 1996. among the committees. ADDRESSES: Send or deliver comments planning COLA surveys; to Donald J. Winstead, Assistant (2) Observe data collection during the Committee Activities Director for Compensation Policy, surveys; (3) Advise and assist OPM in the The partnership committees would be Human Resources Systems Service, review of survey data; involved in survey design and Office of Personnel Management, Room (4) Advise OPM on the COLA preparation and in survey operation and 6H31, 1900 E Street NW., Washington, program and other compensation issues review. Approximately 3 months prior DC 20415, or FAX to (202) 606–4264. relating to the allowance areas; and to the survey, the committees would be FOR FURTHER INFORMATION CONTACT: (5) Assist OPM in the dissemination asked to review the survey Donald L. Paquin, (202) 606–2838. of information to affected employees specifications that OPM would provide SUPPLEMENTARY INFORMATION: Under about the COLA surveys and the COLA and assist OPM in planning for the section 5941 of title 5, United States program. survey. Survey specifications would Code, and Executive Order 10,000, as include the items and outlets to be amended, certain Federal employees in Committee Membership surveyed and the communities in which nonforeign areas outside the 48 Under the proposed pilot project, data are to be collected. Planning would contiguous States are eligible for cost-of- OPM would invite the largest Federal include deciding when and how to living allowances when local living agencies and labor organizations in each contact outlets to obtain permission to costs are substantially higher than those of the areas to participate on the COLA collect prices and who should in the Washington, DC, area. Nonforeign partnership committees. There may also accompany OPM during data collection area COLA’s are paid in Alaska, Hawaii, be subcommittees, particularly in activities. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41747

At the time of the survey, the U.S. Office of Personnel Management. time. A committee may represent committees would convene to help James B. King, agencies and employees in more than coordinate survey activities, observe Director. one allowance area and will meet from data collection and/or discuss data Accordingly, OPM proposes to amend time to time as requested by OPM. collection with the observers, and assist 5 CFR part 591 as follows: (c) Composition of committees. Each OPM in reviewing the survey data. To committee shall be composed of one or avoid the appearance of a conflict of PART 591ÐALLOWANCES AND more representatives of Federal agencies interest, OPM staff from outside the area DIFFERENTIALS and labor organizations. All committee would collect the data. After the survey, members shall be current full-time the committees may meet again to assess Subpart BÐCost-of-Living Allowance Federal employees performing official the data collection effort, plan for and Post DifferentialÐNonforeign business of the Federal Government and providing information on the survey to Areas will serve at their agencies’ and OPM’s affected employees, and formulate a discretion. All committee members, 1. The authority citation for subpart B except the OPM members, shall be from preliminary schedule of committee of part 591 continues to read as follows: the area represented by the committee. activities for the next survey. Authority: 5 U.S.C. 5941; E.O. 10000, 3 The representatives shall be selected as The committees would most likely CFR, 1943–1948 Comp., p. 792; E.O. 12510, follows: meet at least three times a year. OPM 3 CFR, 1985 Comp., p. 338. (1) Agency representatives. (i) OPM anticipates that, from time to time, the 2. Section 591.201 is amended by will identify the largest agencies (in committees would also consider broader adding a definition of ‘‘agency’’ in terms of allowance recipients) in the issues relating to the COLA surveys and alphabetical order to read as follows: area represented by the committee. OPM methodology and other issues relating to will invite up to four agencies each to the compensation of Federal employees § 591.201 Definitions. designate a representative to serve on in the allowance areas. Some meetings * * * * * the committee. OPM will further invite may be via telephone conference or Agency means an Executive agency as one additional agency selected from other means, rather than face-to-face. defined in section 105 of title 5, United among the other agencies in each There would be no required committee States Code, but does not include committee area to designate a reports, but the committees may, at their Government-controlled corporations. representative to serve on the committee discretion, provide written For the purposes of § 591.212, ‘‘agency’’ on a 1-year rotational basis. To select recommendations to OPM’s Assistant also includes the United States Postal this agency, OPM will use sampling Director for Compensation Policy. Service. with probability proportional to the size * * * * * of the agency. If mutually agreeable Project Commencement 3. Section 591.203 is amended by among the agencies, they may select representatives using other means and OPM plans to have the COLA revising the section heading and the may rotate committee positions among partnership committees in operation no introductory text to paragraph (a) to read as follows: agencies on other than a 1-year later than November 1, 1996, in order to rotational basis. prepare for the COLA surveys to be § 591.203 Employees covered. (ii) OPM will appoint one or more of conducted in January through March (a) This subpart applies to civilian its employees to serve on each COLA 1997. Many of the affected agencies and employees whose rates of basic pay are partnership committee. labor organizations have attended fixed by statute and who are employed (2) Employee representatives. OPM preliminary briefings held by OPM on by an agency. The following pay plans will identify the largest labor the pilot project. The proposed are covered by this subpart: organizations (in terms of allowance regulations reflect several of the * * * * * recipients) in the area represented by comments OPM has received. OPM will 4. Section 591.212 is added to read as the committee. OPM will invite up to continue to coordinate with agencies follows: four labor organizations each to and labor organizations in the allowance nominate a representative to serve on areas to prepare for the project. § 591.212 COLA Partnership Pilot Project. the committee. OPM will further invite (a) Purpose and duration of COLA one additional labor organization Definition of ‘‘Agency’’ Partnership Pilot Project. The COLA selected from among the other labor The proposed regulations would also Partnership Pilot Project is designed to organizations in each committee area to make a technical amendment to define assess the efficacy of a plan to increase nominate a representative to serve on ‘‘agency’’ under the definitions section agency and employee involvement in the committee on a 1-year rotational of 5 CFR part 591, subpart B, and the allowance program. The pilot basis. To select this labor organization, remove a corresponding reference in project shall be in effect for a period not OPM will use sampling with probability § 591.203 to agencies covered by the to exceed 2 years from [the effective proportional to the size of the labor subpart. date of the final rule.] organization. If mutually agreeable (b) Purpose and establishment of among the labor organizations, they may Regulatory Flexibility Act committees. To assist OPM in reviewing select representatives using other means and improving the allowance program and may rotate committee positions I certify that this regulation would not and to help OPM, affected agencies, and among labor organizations on other than have a significant economic impact on their employees better understand a 1-year rotational basis. OPM will a substantial number of small entities issues relating to the compensation of select committee members from among because it would affect only Federal Federal employees in the allowance the nominations in consultation with agencies and employees. areas, OPM may establish one or more the nominees’ employing agencies. List of Subjects in 5 CFR Part 591 COLA partnership committees. However, no committee shall have more Committees established under this than one employee representative from Government employees, Travel and section function at the discretion of United States Postal Service labor transportation expenses, Wages. OPM and may be disestablished at any organizations. 41748 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules

(3) Other members. In consultation DEPARTMENT OF ENERGY to amend the energy efficiency with the committee members, OPM may standards for refrigerator products. 60 invite other current full-time Federal Office of Energy Efficiency and FR 37388 (July 20, 1995). The proposal employees to serve on the committee. Renewable Energy described two tiers of standards for OPM will coordinate such invitations different products: (1) Standards for 10 CFR Part 430 with the employing agencies. products manufactured with the current insulation blowing agent, HCFC–141b (d) Functions of committees. COLA [Docket No. EE±RM±93±801] (the ‘‘Tier 1 standards’’); (2) standards partnership committees may— Energy Conservation Program for for products manufactured with a non- (1) Advise and assist OPM in Consumer Products: Energy HCFC substitute blowing agent (the planning living-cost surveys; Conservation Standards for ‘‘Tier 2 standards’’). The Tier 1 (2) Provide or arrange for observers for Refrigerators, Refrigerator-Freezers, standards would be more stringent than and Freezers data collection during living-cost Tier 2. Overall, the Tier 1 standards surveys; AGENCY: Office of Energy Efficiency and would result in a 30 percent improvement in energy efficiency (3) Advise and assist OPM in the Renewable Energy, Department of Energy (DOE). relative to current standards, although review of survey data; the improvement varied considerably ACTION: Proposed rule; reopening of (4) Advise OPM on its administration comment period. among the different classes of covered of the COLA program, including survey products. The Tier 2 standards would be methodology and other issues relating to SUMMARY: The Department of Energy less stringent—they would permit use of the compensation of Federal employees provides notice that the comment 10 percent more energy than the Tier 1 in the allowance areas; and period is reopened on a proposal to standard for all product classes and sizes to compensate for the assumed (5) Assist OPM in the dissemination amend the energy conservation standards for refrigerators, refrigerator- energy penalty of the replacement for of information to affected employees freezers, and freezers (refrigerator HCFC–141b. The revised standards about the living-cost surveys and the products). The Department is reopening would take effect three years after the COLA program. the comment period on this proposal to promulgation of the final rule. The Tier (e) Data collection observers. In obtain further comment on issues 2 standards would be in effect for six consultation with the committees, OPM related to the appropriate consideration years, after which time all products will determine the number of observers of the relationship between regulations would be required to meet the Tier 1 required to accompany OPM officials under the Clean Air Act banning standard level. The two tiers were during the collection of living-cost data. manufacture of developed to accommodate the All observers shall be from the local hydrochlorofluorocarbon-141b (HCFC– interrelationship between the revised area and shall be full-time Federal 141b) and the effective date and revised DOE standards and regulations of the employees performing official business standard levels for DOE efficiency U.S. Environmental Protection Agency of the Federal Government. The standards. (EPA) to implement the Montreal committees will nominate observers, DATES: The comment period on this Protocol on Substances that Deplete the and OPM will select from among these proposal is reopened until September Ozone Layer and the Clean Air Act. The nominations in consultation with the 11, 1996. The Department requests 10 EPA regulations will prohibit nominees’ employing agencies. copies of the comments and, if possible, production and import of HCFC–141b a computer disk. after January 1, 2003. 40 CFR § 82.4 (l), (f) Subcommittees. In consultation ADDRESSES: Written comments are to be (m). The July 1995 notice of proposed with the committees, OPM may submitted to: Refrigerator Rulemaking rulemaking discussed the relationship establish one or more subcommittees to (Docket No. EE–RM–93–801), U.S. between the DOE standards and the EPA advise the committee on issues relating Department of Energy, Office of Codes standards, and acknowledged the to the allowance areas and survey areas and Standards, EE–43, 1000 uncertainty with regard to what within the geographic area represented Independence Avenue, S.W., Room 1J– substitutes for HCFC–141b would be by the committee. If such 018, Washington, D.C. 20585–0121, available. 60 FR at 37396. subcommittees are established, they (202) 586–7574. The July 1995 proposed rule was shall be composed of up to two agency FOR FURTHER INFORMATION CONTACT: based in large part on a joint comment, representatives and two employee Michael G. Raymond, U.S. Department filed by manufacturers, efficiency representatives from the local area, as of Energy, Office of Energy Efficiency advocates, states and utilities in well as one or more OPM and Renewable Energy, Forrestal November 1994, that made a consensus representatives. OPM may, in Building, Mail Station EE–43, 1000 recommendation on revised standards. consultation with the committee and Independence Avenue, S.W., In September and October of 1995, a subcommittee, invite additional Federal Washington, D.C. 20585–0121, (202) number of manufacturers submitted employees to serve on the 586–9611. comments on the proposed refrigerator subcommittee. Subcommittee agency Eugene Margolis, Esq., U.S. Department standards indicating that, for a variety of and employee representatives shall be of Energy, Office of General Counsel, reasons, they no longer supported the nominated and appointed in the same Forrestal Building, Mail Station GC– imposition of updated standards prior to 72, 1000 Independence Avenue, S.W., manner as committee members. All 2003, and emphasizing the continuing Washington, D.C. 20585–0103, (202) subcommittee members shall be current uncertainty surrounding the thermal 586–9507. full-time Federal employees performing efficiency characteristics and costs of official business of the Federal SUPPLEMENTARY INFORMATION: insulation produced using a blowing Government. agent other than HCFC–141b. Efficiency Background advocates have indicated that the [FR Doc. 96–20445 Filed 8–9–96; 8:45 am] On July 20, 1995, the Department consensus recommendation on BILLING CODE 6325±01±M issued a notice of proposed rulemaking standards was based on estimates of the Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41749 efficiency of compressors to be available redesigns, but could sacrifice energy uncertainty regarding the energy penalty in 2000, and that if the effective date of savings because it assumes that there of substitute blowing agents by deferring the standard were delayed to 2003, will be a 10 percent energy penalty for that narrow question until there is better further improvements in compressor the HCFC–141b substitute. information. This approach achieves efficiency likely to occur by 2003 4. DOE could promulgate a final rule significant energy savings in any case, should be considered in adopting any establishing that the revised standards and implements the more energy 2003 standard level. between the Tier 1 and Tier 2 levels efficient Tier 1 standards if there is no To inform the development of a final would take effect January 1, 2003, and energy penalty associated with the rule on revised refrigerator standards, that the precise levels would be set in HCFC–141b substitute. This approach DOE is seeking further comment on 1999 based on a narrow determination also takes advantage of the bulk of the these issues related to the relationship concerning the energy penalty, if any, of work done by manufacturers, efficiency between revising DOE efficiency using an HCFC substitute. Because the advocates, states and utilities to develop standards and EPA regulation of HCFCs, possible energy penalty of the the joint recommendation on and on several options for responding to replacement blowing agent is unknown refrigerator standards, and the DOE’s the comments received on this issue to at this time, the Department would not analytical work to support the proposal date, as described below. No establish the final standard until late based on that recommendation. amendment to the July 1995 notice of 1999. Prior to that determination, DOE 5. DOE could promulgate a final rule proposed rulemaking is required to would solicit public comment on the with the standard level at a specified address these issues. However, issue of the magnitude of the energy intermediate level between Tier 1 and consistent with the Department’s penalty for available substitutes of Tier 2, effective January 1, 2003. This commitment to providing ample HCFC–141b. After identifying blowing approach would require a judgment opportunity for public input, DOE has agents likely to be used by now about the characteristics of likely concluded that reopening the comment manufacturers of refrigerators produced available HCFC substitutes, but would period on these important matters is an for the U.S. market, DOE would make a avoid the need for a subsequent appropriate step prior to promulgating a determination by the end of 1999 determination in 1999. final rule. concerning the energy penalty, if any, 6. DOE could promulgate a final rule associated with an HCFC–141b with two separate product classes. The Possible Responses To Comment on substitute that: (1) Will be available for class of refrigerator products Effective Date and Standard Levels use (e.g., satisfies regulatory criteria manufactured with HCFC and To respond to comments about the relating to toxicological effects and hydrofluorocarbon (HFC) foams would effective date and uncertainty relating to could be produced in adequate be subject to standards at the Tier 1 substitute blowing agents, DOE is quantities by 2003); (2) appears likely to level, and the class of refrigerator considering several possible result in the smallest energy penalty (or products manufactured with adjustments to the standard levels and greatest efficiency improvement); and hydrocarbon (HC) foams would be effective date for updated standards (3) is sufficiently comparable in cost to subject to standards at the Tier 2 level. described in the July 1995 proposed HCFC–141b so as not to require This approach would require a rule: substantial revision of the economic judgment now about the characteristics 1. DOE could promulgate the two- analysis supporting the proposed of likely HFC and HC substitutes for tiered standards as described in the July standards. This determination would be HCFCs, but would avoid the need for a 1995 proposed rule effective on January used to establish specific standard subsequent determination in 1999. 1, 2000. The less stringent Tier 2 would levels for refrigerator products within 7. DOE could discard the work done phase out 6 years thereafter. This the range between the Tier 1 and Tier to date and start a new rulemaking from approach would probably save more 2 standards. Standard levels outside this the outset using the full panoply of energy than the other approaches listed range would not be considered. In procedures and policies established in herein, but could result in determining this level, DOE would the DOE final rule on procedures for manufacturers making two significant carefully consider the cost impacts on consideration of new or revised energy product design changes within a three- manufacturers of the use of particular conservation standards issued on July year period for some products. HCFC–141b substitutes, using data 15, 1996. 61 FR 36974 (July 15, 1996). 2. DOE could promulgate the less obtained from manufacturers and other DOE’s preferred option is that stringent Tier 2 standards effective interested parties. described in item 4 above—promulgate January 1, 2000, and begin a new The Tier 1 standards would be the a final rule establishing that standards rulemaking to consider revisions to take standard if there were no energy penalty will be set in the range between Tier 1 effect January 1, 2005. The energy for the replacement blowing agent and Tier 2 levels effective January 1, savings from this approach could be relative to HCFC–141b. If the energy 2003, with the final levels to be set comparable to the energy savings of the penalty relative to HCFC–141b is 10 based on a narrow determination of the approach described in the proposed percent or greater, the standards would energy penalty of HCFC–141b rule, depending on the outcome of the be set at the Tier 2 standards. If the substitutes to be made in 1999. This new rulemaking. The effective date of energy penalty is determined to be approach is consistent with the program 2000, combined with EPA’s 2003 between 0 and 10 percent, the standard policies outlined in the July 15, 1996, phaseout date for HCFC–141b, could would be finalized at (1+.01×) times the final rule on procedures for developing result in two significant product design Tier 1 standard. Thus, for instance, if standards: it addresses concerns about changes within a three-year period. the energy penalty was determined to be mitigating the cumulative impact of 3. DOE could promulgate the less 5 percent, the standards would be set at multiple regulations; it acknowledges stringent Tier 2 standards effective the mid-point between the Tier 1 and uncertainty about a key engineering January 1, 2003, and begin a new Tier 2 standards. issue and crafts a sensible approach for rulemaking for further revised standards This approach addresses addressing that uncertainty; and it puts to take effect January 1, 2008. This manufacturer concerns about the timing to use the hard work of stakeholders to approach would fully address of the effective date of the revised develop a consensus recommendation to manufacturer concerns about timing of standards, and addresses the the DOE on revised standards. 41750 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules

Issues for Comment NATIONAL CREDIT UNION SUMMARY: On June 4, 1996, (61 FR ADMINISTRATION 28085), the National Credit Union DOE requests comments and Administration (NCUA) published for supporting data on any issue related to 12 CFR Part 703 public comment a proposed rule the relationship between the phaseout revising its regulations governing of HCFC–141b and revised DOE Investment and Deposit Activities corporate credit unions and standards for refrigerator products. DOE AGENCY: National Credit Union requirements for insurance. The also requests comments on the Administration (NCUA). comment period for this proposed rule advantages or disadvantages of the ACTION: Proposed rule; Extension of was to have expired on September 3, approaches described in this notice, and comment period. 1996. On July 23, 1996, the NCUA particularly on the preferred option as published for public comment a related described in item 4 above. DOE SUMMARY: On November 29, 1995 (60 FR proposed rule which would add a new specifically requests input on the 61219), the National Credit Union section governing wholesale corporate following: Administration (NCUA) published for credit unions (61 FR 38117). In order to public comment a proposed rule provide the public with sufficient time • When should new refrigerator regarding investment and deposit to analyze the June 4, 1996 proposed standards take effect? Would significant activities for credit unions. The rule and the July 23, 1996 proposed cost savings result from having the comment period for this proposed rule rule, the NCUA has decided to extend standards take effect at the same time as was to have expired on March 28, 1996. the comment periods of both rules until the HCFC production ban? Information The original comment period was October 18, 1996. and data on the cost impacts of a extended to June 26, 1996 (61 FR 8499). DATES: The comment period has been refrigerator efficiency standard taking At the request of a national trade extended and now expires October 18, effect in 2000 combined with a 2003 association, the NCUA Board approved 1996. Comments must be received on or phaseout of HCFCs are specifically an additional extension until September before October 18, 1996. requested. 30, 1996 (61 FR 29697). Now, to ADDRESSES: Comments should be encourage additional comments, the • What standard level, or range of directed to Becky Baker, Secretary of the NCUA Board has decided to extend the standard levels, should be adopted Board. Mail or hand-deliver comments comment period on the proposed rule given current information on blowing to: National Credit Union one more time. The extended comment Administration Board, 1775 Duke agents? period now expires November 18, 1996. • Street, Alexandria, Virginia 22314– Is new information available on DATES: The comment period has been 3428. Fax comments to (703) 518–6319. design options, including more efficient extended and now expires November compressors, that would indicate that Post comments on NCUA’s electronic 18, 1996. Comments must be received bulletin board by dialing (703) 518– the analysis that accompanied the 1995 on or before November 18, 1996. 6480. Please send comments by one proposed rule should be redone? ADDRESSES: Comments should be method only. • directed to Becky Baker, Secretary of the What blowing agents will be FOR FURTHER INFORMATION CONTACT: available to replace HCFC–141b? If there Board. Mail or hand-deliver comments Robert F. Schafer, Acting Director, is uncertainty now, will there be to: National Credit Union Office of Corporate Credit Unions, (703) sufficient information available in 1999 Administration Board, 1775 Duke 518–6640, or at the above address. Street, Alexandria, Virginia 22314– to make this assessment? By the National Credit Union • 3428. Fax comments to (703) 518–6319. What will be the range of impacts Post comments on NCUA’s electronic Administration Board on August 6, 1996. on manufacturers of using a substitute bulletin board by dialing (703) 518– Becky Baker, blowing agent? 6480. Please send comments by one Secretary of the Board. • If a later determination is to be method only. [FR Doc. 96–20492 Filed 8–9–96; 8:45 am] made on energy penalties of HCFC–141b FOR FURTHER INFORMATION CONTACT: BILLING CODE 7535±01±M substitutes, what procedure should be David M. Marquis, Director, Office of followed to determine the energy Examination and Insurance, (703) 518– penalty and the resulting final standard? 6360, or Daniel Gordon, Senior DEPARTMENT OF TRANSPORTATION If this approach is adopted, should the Investment Officer, (703) 518–6620, or final rule specify a baseline or default at the above address. Federal Aviation Administration standard level that would take effect in By the National Credit Union 14 CFR Chapter I the event no determination is made? Administration Board on August 6, 1996. [Summary Notice No. PR±96±4] • Under what range of conditions Becky Baker, Secretary of the Board. concerning the cost of HCFC substitutes, Petition for Rulemaking; Summary of and related manufacturing cost impacts, [FR Doc. 96–20491 Filed 8–9–96; 8:45 am] Petitions Received; Dispositions of can the existing economic analysis be BILLING CODE 7535±01±M Petitions Issued used? AGENCY: Federal Aviation Issued in Washington, DC, August 6, 1996. 12 CFR Part 704 Administration (FAA), DOT. Christine A. Ervin, ACTION: Notice of petitions for Corporate Credit Unions: Assistant Secretary, Energy Efficiency and rulemaking received and of dispositions Requirements for Insurance Renewable Energy. of prior petitions. [FR Doc. 96–20420 Filed 8–9–96; 8:45 am] AGENCY: National Credit Union Administration (NCUA). SUMMARY: Pursuant to FAA’s rulemaking BILLING CODE 6450±01±P provisions governing the application, ACTION: Proposed rule; Extension of processing, and disposition of petitions comment period. for rulemaking (14 CFR Part 11), this Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41751 notice contains a summary of certain 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: petitions requesting the initiation of Robert Baitoo, Aerospace Engineer, Los rulemaking procedures for the [Docket No. 96±ANE±15] Angeles Aircraft Certification Office, amendment of specified provisions of FAA, Transport Airplane Directorate, RIN 2120±AA64 the Federal Aviation Regulations and of 3960 Paramount Blvd., Lakewood, CA denials or withdrawals of certain Airworthiness Directives; AlliedSignal 90712–4137; telephone (310) 627–5245; petitions previously received. The Inc. GTCP85 Series Auxiliary Power fax (310) 627–5210. purpose of this notice is to improve the Units SUPPLEMENTARY INFORMATION: public’s awareness of, and participation in, this aspect of FAA’s regulatory AGENCY: Federal Aviation Comments Invited activities. Neither publication of this Administration, DOT. Interested persons are invited to notice nor the inclusion or omission of ACTION: Notice of proposed rulemaking participate in the making of the information in the summary is intended (NPRM). proposed rule by submitting such to affect the legal status of any petition written data, views, or arguments as or its final disposition. SUMMARY: This document proposes the they may desire. Communications DATES: Comments on petitions received supersedure of an existing airworthiness should identify the Rules Docket must identify the petition docket directive (AD), applicable to number and be submitted in triplicate to number involved and must be received AlliedSignal Inc. (formerly Garrett the address specified above. All October 11, 1996. Auxiliary Power Division) GTCP85 communications received on or before ADDRESSES: Send comments on any Series auxiliary power units (APUs), the closing date for comments, specified petition in triplicate to: Federal that currently requires removing the above, will be considered before taking Aviation Administration, Office of the existing turbine wheel shroud and action on the proposed rule. The Chief Counsel, Attn: Rules Docket No. installing one constructed of Hastelloy proposals contained in this notice may lll, 800 Independence Avenue, SW., ‘‘S’’ material, or installing a be changed in light of the comments Washington, D.C. 20591. containment augmentation ring. This received. The petition, any comments received, action would delete the option of Comments are specifically invited on and a copy of any final disposition are installing a turbine shroud constructed the overall regulatory, economic, filed in the assigned regulatory docket of Hastelloy ‘‘S’’ material. This proposal environmental, and energy aspects of and are available for examination in the is prompted by a report of insufficient the proposed rule. All comments Rules Docket (AGC–200), Room 915G, APU containment capability with the submitted will be available, both before FAA Headquarters Building (FOB 10A), Hastelloy ‘‘S’’ shroud alone installed. and after the closing date for comments, 800 Independence Ave., SW., The actions specified by the proposed in the Rules Docket for examination by Washington, D.C. 20591; telephone AD are intended to prevent turbine interested persons. A report (202) 267–3132. Comments may also be shroud fragments from exiting the APU summarizing each FAA-public contact sent electronically to the following and puncturing the APU compartment, concerned with the substance of this internet address: which could result in reduced fire proposal will be filed in the Rules [email protected]. extinguishing capability in the APU Docket. FOR FURTHER INFORMATION CONTACT: Mr. compartment. Commenters wishing the FAA to D. Michael Smith, Office of Rulemaking DATE: Comments must be received by acknowledge receipt of their comments (ARM–1), Federal Aviation October 11, 1996. submitted in response to this notice must submit a self-addressed, stamped Administration, 800 Independence ADDRESSES: Submit comments in postcard on which the following Avenue, SW, Washington, DC 20591; triplicate to the Federal Aviation telephone (202) 267–7470. statement is made: ‘‘Comments to Administration (FAA), New England Docket Number 96–ANE–15.’’ The This notice is published pursuant to Region, Office of the Assistant Chief paragraphs (b) and (f) of § 11.27 of Part postcard will be date stamped and Counsel, Attention: Rules Docket No. returned to the commenter. 11 of the Federal Aviation Regulations 96–ANE–15, 12 New England Executive (14 CFR Part 11). Park, Burlington, MA 01803–5299. Availability of NPRMs Issued in Washington, D.C. on August 7, Comments may also be submitted to the Any person may obtain a copy of this 1996. Rules Docket by using the following NPRM by submitting a request to the Donald P. Byrne, Internet address: ‘‘epd- FAA, New England Region, Office of the Assistant Chief Counsel for Regulations. [email protected]’’. All Assistant Chief Counsel, Attention: comments must contain the Docket No. Petitions for Rulemaking Rules Docket No. 96–ANE–15, 12 New in the subject line of the comment. England Executive Park, Burlington, MA Docket No.: 28624. Comments may be inspected at this 01803–5299. Petitioner: Mr. Robert F. Yarmey. location between 8:00 a.m. and 4:30 Regulations Affected: 14 CFR 97.20. p.m., Monday through Friday, except Discussion Description of Rulechange Sought: To Federal holidays. On April 13, 1993, the Federal prohibit a circling approach from west The service information referenced in Aviation Administration (FAA) issued of the Pitkin County (Colorado) airport the proposed rule may be obtained from airworthiness directive (AD) 93–07–13, (Sardi Field). AlliedSignal Aerospace, Attn: Data Amendment 39–8545 (58 FR 21917, Petitioner’s Reason for the Request: Distribution, M/S 64–3/2101–201, P.O. April 26, 1993), applicable to The petitioner feels that such change Box 29003, Phoenix, AZ 85038–9003; AlliedSignal Inc. (formerly Garrett would reflect the spirit of the FAA’s telephone (602) 365–2493, fax (602) Auxiliary Power Division) GTCP85 requirement to take timely and 365–5577. This information may be Series auxiliary power units (APUs), to appropriate action by reducing the examined at the FAA, New England require removing the existing turbine possibility or recurrence of accidents. Region, Office of the Assistant Chief wheel shroud and installing one [FR Doc. 96–20513 Filed 8–9–96; 8:45 am] Counsel, 12 New England Executive constructed of Hastelloy ‘‘S’’ material, BILLING CODE 4910±13±M Park, Burlington, MA. or installing a containment 41752 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules augmentation ring. That action was be required to be accomplished in 45163, November 25, 1987) and by prompted by an incident in which the accordance with the ASB’s described adding a new airworthiness directive to one-piece cast turbine wheel separated previously. read as follows: and subsequently impacted the turbine There are approximately 1,050 APU’s Allied Signal Inc.: Docket No. 96–ANE–15. wheel shroud, fragmenting the shroud of the affected design in the worldwide Supersedes AD 93–07–13, Amendment 39– into four segments. Two of these shroud fleet. The FAA estimates that 350 APU’s 8545. fragments exited the APU. In that installed on aircraft of U.S. registry Applicability: AlliedSignal Inc. (formerly instance, the shroud was constructed of would be affected by this proposed AD, Garrett Auxiliary Power Division) GTCP85 Inconel 718 material, and a containment and that it would take no additional series auxiliary power units (APU’s), augmentation ring, Part Number (P/N) work hours if the proposed actions are incorporating a one-piece cast turbine wheel, 3612249–1, had been installed. That accomplished when the APU is already Part Numbers (P/Ns) 968095–X, 3604604–X, disassembled in the shop. Required 3606982–1, or 3842072–X (where ‘‘X’’ condition, if not corrected, could result denotes any number). These APUs are in turbine shroud fragments exiting the parts would cost approximately $1,550 installed on but not limited to the following APU and puncturing the APU per APU. Based on these figures, the aircraft: British Aerospace BAC 1–11 series; compartment, which could result in total cost impact of the proposed AD on Boeing 707, 727, and 737 series; Lockheed reduced fire extinguishing capability in U.S. operators is estimated to be L382 series; and McDonnell Douglas DC–8– the APU compartment. $542,500. 70, DC–9, and MD–88 series aircraft. Since the issuance of that AD, the The regulations proposed herein Note: This airworthiness directive (AD) FAA received a report that an APU with would not have substantial direct effects applies to each APU identified in the turbine shroud constructed of Hastelloy on the States, on the relationship preceding applicability provision, regardless ‘‘S’’ material, P/N 3611904–1, between the national government and of whether it has been modified, altered, or experienced an uncontained failure. The the States, or on the distribution of repaired in the area subject to the FAA’s investigation revealed that the power and responsibilities among the requirements of this AD. For APUs that have various levels of government. Therefore, been modified, altered, or repaired so that the turbine shroud alone may not provide performance of the requirements of this AD adequate containment under all in accordance with Executive Order is affected, the owner/operator must request conditions, and that a containment 12612, it is determined that this approval for an alternative method of augmentation ring must be added to proposal would not have sufficient compliance in accordance with paragraph (c) ensure that engine fragments do not federalism implications to warrant the of this AD. The request should include an puncture the APU compartment. preparation of a Federalism Assessment. assessment of the effect of the modification, The FAA has reviewed and approved For the reasons discussed above, I alteration, or repair on the unsafe condition the technical contents of AlliedSignal certify that this proposed regulation (1) addressed by this AD; and, if the unsafe Aerospace Alert Service Bulletin (ASB) is not a ‘‘significant regulatory action’’ condition has not been eliminated, the No. GTCP85–49–A7189, Revision 1, under Executive Order 12866; (2) is not request should include specific proposed actions to address it. dated July 19, 1996; and AlliedSignal a ‘‘significant rule’’ under the DOT Aerospace ASB No. GTCP85–49–A6706, Regulatory Policies and Procedures (44 Compliance: Required as indicated, unless accomplished previously. Revision 2, dated November 28, 1994, FR 11034, February 26, 1979); and (3) if To prevent turbine shroud fragments from AlliedSignal Aerospace ASB No. promulgated, will not have a significant exiting the APU and puncturing the APU GTCP85–49–A6706, Revision 1, dated economic impact, positive or negative, compartment, which could result in reduced November 12, 1993, or Garrett ASB No. on a substantial number of small entities fire extinguishing capability in the APU GTCP85–49–A6706, Original, dated under the criteria of the Regulatory compartment, accomplish the following: December 7, 1992. These ASB’s describe Flexibility Act. A copy of the draft (a) For flight operable APUs, within 24 procedures for installing a containment regulatory evaluation prepared for this months after the effective date of this AD, augmentation ring. action is contained in the Rules Docket. accomplish either of the following: Since an unsafe condition has been A copy of it may be obtained by (1) Install a containment augmentation identified that is likely to exist or contacting the Rules Docket at the ring, P/N 3616426–3, in accordance with AlliedSignal Aerospace Alert Service develop on other products of this same location provided under the caption Bulletin (ASB) No. GTCP85–49–A7189, type design, the proposed AD would ADDRESSES. Revision 1, dated July 19, 1996; or supersede AD 93–07–13 to require List of Subjects in 14 CFR Part 39 (2) Install a containment augmentation installing an improved containment ring, P/N 3616426–1, in accordance with augmentation ring, P/N 3616426–1, or Air transportation, Aircraft, Aviation AlliedSignal Aerospace ASB No. GTCP85– P/N 3616426–3, which is a redesigned safety, Safety. 49–A6706, Revision 2, dated November 28, 1994, AlliedSignal Aerospace ASB No. containment augmentation ring to allow The Proposed Amendment installation on certain APU’s that GTCP85–49–A6706, Revision 1, dated cannot accept the -1 containment Accordingly, pursuant to the November 12, 1993, or Garrett ASB No. augmentation ring. The containment authority delegated to me by the GTCP85–49–A6706, Original, dated Administrator, the Federal Aviation December 7, 1992. augmentation rings, P/Ns 3616426–1 (b) For APUs that are operable on the and 3616426–3, improve the Administration proposes to amend part 39 of the Federal Aviation Regulations ground only, within 36 months after the containment capability of the APU effective date of this AD, accomplish either relative to the earlier containment (14 CFR part 39) as follows: of the following: augmentation ring, P/N 3612249–1, by (1) Install a containment augmentation PART 39ÐAIRWORTHINESS preventing turbine shroud fragments ring, P/N 3616426–3, in accordance with DIRECTIVES from passing around the containment AlliedSignal Aerospace ASB No. GTCP85– augmentation ring. The installation 1. The authority citation for part 39 49–A7189, Revision 1, dated July 19, 1996; must be accomplished within 24 continues to read as follows: or (2) Install a containment augmentation months after the effective date of this Authority: 49 USC 106(g), 40113, 44701. ring, P/N 3616426–1, in accordance with AD, for flight operable APUs, and AlliedSignal Aerospace ASB No. GTCP85– within 36 months after the effective date 39.13 [Amended] 49–A6706, Revision 2, dated November 28, of this AD, for APUs that are operable 2. Section 39.13 is amended by 1994, AlliedSignal Aerospace ASB No. on the ground only. The actions would removing amendment 39–8545 (52 FR GTCP85–49–A6706, Revision 1, dated Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41753

November 12, 1993, or Garrett ASB No. are intended to prevent outflow/safety summarizes each FAA-public contact GTCP85–49–A6706, Original, dated valve cracking and subsequent failure, concerned with the substance of this December 7, 1992. which could result in rapid proposal will be filed in the Rules (c) An alternative method of compliance or decompression of the airplane. Docket. adjustment of the compliance time that provides an acceptable level of safety may be DATES: Comments must be received on Commenters wishing the FAA to used if approved by the Manager, Los or before October 7, 1996. acknowledge receipt of their comments Angeles Aircraft Certification Office. The ADDRESSES: Submit comments in submitted in response to this notice request should be forwarded through an triplicate to the Federal Aviation must submit a self-addressed, stamped appropriate FAA Principal Maintenance Administration (FAA), Central Region, postcard on which the following Inspector, who may add comments and then Office of the Assistant Chief Counsel, statement is made: ‘‘Comments to send it to the Manager, Los Angeles Aircraft Attention: Rules Docket No. 96–CE–28– Docket No. 96–CE–28–AD.’’ The Certification Office. AD, Room 1558, 601 E. 12th Street, postcard will be date stamped and Note: Information concerning the existence Kansas City, Missouri 64106. Comments returned to the commenter. of approved alternative methods of may be inspected at this location compliance with this airworthiness directive, Availability of NPRMs if any, may be obtained from the Los Angeles between 8 a.m. and 4 p.m., Monday Aircraft Certification Office. through Friday, holidays excepted. Any person may obtain a copy of this Service information that applies to the (d) Special flight permits may be issued in NPRM by submitting a request to the accordance with sections 21.197 and 21.199 proposed AD may be obtained from FAA, Central Region, Office of the of the Federal Aviation Regulations (14 CFR AlliedSignal Aerospace, Technical Assistant Chief Counsel, Attention: 21.197 and 21.199) to operate the aircraft to Publications, Department 65–70, P.O. Rules Docket No. 96–CE–28–AD, Room a location where the requirements of this AD Box 52170, Phoenix, Arizona 85072– 1558, 601 E. 12th Street, Kansas City, can be accomplished. 2170. This information also may be Missouri 64106. Issued in Burlington, Massachusetts, on examined at the Rules Docket at the July 31, 1996. address above. Discussion Mark C. Fulmer, FOR FURTHER INFORMATION CONTACT: Mr. The Registro Aeronautico Italiano Acting Manager, Engine and Propeller Edward S. Chalpin, Program Manager, (RAI), which is the airworthiness Directorate, Aircraft Certification Service. Brussels Aircraft Certification Office, authority for Italy, recently notified the [FR Doc. 96–20396 Filed 8–9–96; 8:45 am] FAA, Europe, Africa, and Middle East FAA that an unsafe condition may exist BILLING CODE 4910±13±U Office, c/o American Embassy, B–1000 on I.A.M. Model Piaggio P–180 Brussels, Belgium; telephone (322) 513– airplanes. The RAI reports cracking of 2717; facsimile (322) 230–6899; or Mr. the poppet within the primary and 14 CFR Part 39 Roman T. Gabrys, Project Officer, Small secondary outflow/safety valves on two Airplane Directorate, Airplane [Docket No. 96±CE±28±AD] of the affected airplanes. Investigation Certification Service, FAA, 1201 has revealed problems during the Walnut, suite 900, Kansas City, Missouri RIN 2120±AA64 manufacturing process of certain 64105; telephone (816) 426–6932; AlliedSignal Aerospace outflow/safety Airworthiness Directives; Industrie facsimile (816) 426–2169. valves. The condition is traced to one of Aeronautiche E Meccaniche Model SUPPLEMENTARY INFORMATION: two lots (batch-runs) of molded poppets Piaggio P±180 Airplanes Comments Invited installed in valves during 1991. AGENCY: Federal Aviation Interested persons are invited to Research of these lots has revealed Administration, DOT. participate in the making of the brittleness of these parts, which is ACTION: Notice of proposed rulemaking proposed rule by submitting such characteristic of improper processing (NPRM). written data, views, or arguments as during injection molding. Tensile stress they may desire. Communications then develops upon installation of the SUMMARY: This document proposes to should identify the Rules Docket poppet, which leads to hairline cracks. adopt a new airworthiness directive number and be submitted in triplicate to Small cracks have no effect, but can (AD) that would apply to certain the address specified above. All develop into larger cracks that cause an Industrie Aeronautiche E Meccaniche communications received on or before increase in the valve operating pressure, (I.A.M.) Model Piaggio P–180 airplanes. the closing date for comments, specified which could result in cabin The proposed action would require above, will be considered before taking depressurization. replacing certain AlliedSignal action on the proposed rule. The Applicable Service Information Aerospace outflow/safety valves in the proposals contained in this notice may pressurization system with new or be changed in light of the comments AlliedSignal Aerospace has issued serviceable valves. Reports of cracking received. Service Bulletin (SB) 103742–21–4059 of the poppet within the primary and Comments are specifically invited on and SB 103744–21–4060, both dated secondary outflow valves on two of the the overall regulatory, economic, March 31, 1995. These service bulletins affected airplanes prompted the environmental, and energy aspects of specify procedures for determining proposed action. Investigation has the proposed rule. All comments whether an I.A.M. Model Piaggio P–180 revealed problems during the submitted will be available, both before airplane has one of the affected outflow/ manufacturing process of certain and after the closing date for comments, safety valves installed. The service AlliedSignal outflow/safety valves. The in the Rules Docket for examination by bulletins also reference the applicable actions specified by the proposed AD interested persons. A report that outflow/safety valves as follows:

SB referenced in Valve model Valve serial Nos.

103742±21±4059 ...... 103742±ALL ...... 21±121 through 21±131; 21±133 through 21±136; 21±138 through 21±140; 59±105; 79±116 through 79±119; 95±101; and 95±102. 41754 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules

SB referenced in Valve model Valve serial Nos.

103744±21±4060 ...... 103744±ALL ...... 40±120; 40±126; 40±129; 40±131 through 40±134; 41±136; 41±137; 41±139; 59±105; 59±108; and 59±111.

I.A.M. Rinaldo Piaggio SB No. 80–0084, Compliance Time of the Proposed AD Regulatory Policies and Procedures (44 dated July 7, 1995, references the above The FAA has determined that an FR 11034, February 26, 1979); and (3) if AlliedSignal Aerospace service interval of three calendar months is an promulgated, will not have a significant bulletins. appropriate compliance time to address economic impact, positive or negative, The RAI classified these service the identified unsafe condition in a on a substantial number of small entities bulletins as mandatory and issued RAI timely manner. This compliance time under the criteria of the Regulatory AD 95–224, dated August 22, 1995, in was deemed appropriate after Flexibility Act. A copy of the draft order to assure the continued considering the safety implications, the regulatory evaluation prepared for this airworthiness of these airplanes in Italy. average utilization rate of the affected action has been placed in the Rules fleet, and the availability of the Docket. A copy of it may be obtained by Evaluation of All Applicable replacement parts. contacting the Rules Docket at the Information location provided under the caption Cost Impact This airplane model is manufactured ADDRESSES. The FAA estimates that 3 airplanes in in Italy and is type certificated for List of Subjects in 14 CFR Part 39 operation in the United States under the the U.S. registry would be affected by provisions of section 21.29 of the the proposed AD, that it would take Air transportation, Aircraft, Aviation Federal Aviation Regulations (14 CFR approximately 32 workhours per safety, Safety. airplane to accomplish the proposed 21.29) and the applicable bilateral The Proposed Amendment airworthiness agreement. Pursuant to action, and that the average labor rate is this bilateral airworthiness agreement, approximately $60 an hour. Accordingly, pursuant to the the RAI has kept the FAA informed of AlliedSignal will provide parts at no authority delegated to me by the the situation described above. The FAA cost to the owner/operator. Based on Administrator, the Federal Aviation has examined the findings of the RAI; these figures, the total cost impact of the Administration proposes to amend part reviewed all available information, proposed AD on U.S. operators is 39 of the Federal Aviation Regulations estimated to be $5,760 or $1,920 per including the service information (14 CFR part 39) as follows: airplane. The FAA knows of no affected referenced above; and determined that airplane owner/operator (of the 3 AD action is necessary for products of PART 39ÐAIRWORTHINESS affected) that has already accomplished this type design that are certificated for DIRECTIVES the proposed action. operation in the United States. 1. The authority citation for part 39 Regulatory Impact Explanation of the Provisions of the continues to read as follows: Proposed AD The regulations proposed herein Authority: 49 USC 106(g), 40101, 40113, would not have substantial direct effects 44701. Since an unsafe condition has been on the States, on the relationship identified that is likely to exist or between the national government and § 39.13 [Amended] develop in other I.A.M. Model Piaggio the States, or on the distribution of 2. Section 39.13 is amended by P–180 airplanes of the same type design power and responsibilities among the adding a new airworthiness directive that are registered in the United States various levels of government. Therefore, (AD) to read as follows: and have an AlliedSignal Aerospace in accordance with Executive Order outflow/safety valve (referenced above 12612, it is determined that this Industrie Aeronautiche E Mecchaniche: Docket No. 96–CE–28–AD. in the discussion of the service proposal would not have sufficient information) installed, the proposed AD federalism implications to warrant the Applicability: Model Piaggio P–180 would require replacing outflow/safety airplanes (all serial numbers), certificated in preparation of a Federalism Assessment. any category, that have one of the following valves with new or serviceable valves. For the reasons discussed above, I AlliedSignal Aerospace outflow safety valves Accomplishment of the proposed certify that this action (1) is not a installed, as referenced in either AlliedSignal replacement would be in accordance ‘‘significant regulatory action’’ under Aerospace Service Bulletin (SB) 103742–21– with the applicable maintenance or Executive Order 12866; (2) is not a 4059 or SB 103744–21–4060, both dated service manual. ‘‘significant rule’’ under DOT March 31, 1995:

SB Referenced in Valve model Valve serial Nos.

103742±21±4059 ...... 103742±ALL ...... 21±121 through 21±131; 21±133 through 21±136; 21±138 through 21±140; 59±105; 79±116 through 79±119; 95±101; and 95±102. 103744±21±4060 ...... 103744±ALL ...... 40±120; 40±126; 40±129; 40±131 through 40±134; 41±136 41±137; 41±139; 59±105; 59±108; and 59±111.

Note 1: The above AlliedSignal Aerospace provision, regardless of whether it has been owner/operator must request approval for an service bulletins are referenced in I.A.M. modified, altered, or repaired in the area alternative method of compliance in Rinaldo Piaggio SB No. 80–0084, dated July subject to the requirements of this AD. For accordance with paragraph (d) of this AD. 7, 1995. airplanes that have been modified, altered, or The request should include an assessment of Note 2: This AD applies to each airplane repaired so that the performance of the the effect of the modification, alteration, or identified in the preceding applicability requirements of this AD is affected, the repair on the unsafe condition addressed by Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41755 this AD; and, if the unsafe condition has not 14 CFR Part 39 proposed rule by submitting such been eliminated, the request should include written data, views, or arguments as [Docket No. 96±NM±41±AD] specific proposed actions to address it. they may desire. Communications shall Compliance: Required within the next RIN 2120±AA64 identify the Rules Docket number and three calendar months after the effective date be submitted in triplicate to the address of this AD, unless already accomplished. Airworthiness Directives; British specified above. All communications To prevent outflow/safety valve cracking Aerospace Model BAe 146 Series received on or before the closing date and subsequent failure, which could result in Airplanes and Model Avro 146±RJ for comments, specified above, will be rapid decompression of the airplane, Series Airplanes considered before taking action on the accomplish the following: AGENCY: Federal Aviation proposed rule. The proposals contained (a) Replace (with a new or serviceable Administration, DOT. in this notice may be changed in light valve) any outflow/safety valve that does not ACTION: Notice of proposed rulemaking of the comments received. have one of the following: (NPRM). Comments are specifically invited on (1) The valve identification plate MOD the overall regulatory, economic, RECORD stamped ‘‘PCA’’ (Poppet Change SUMMARY: This document proposes the environmental, and energy aspects of Accomplished); or adoption of a new airworthiness the proposed rule. All comments (2) A valve with an inked ATD Quality directive (AD) that is applicable to all submitted will be available, both before Assurance ‘‘Functional Test (FT)’’ stamp that British Aerospace Model BAe 146 series and after the closing date for comments, is dated June 1992, or later. airplanes and certain Model Avro 146– (b) As of the effective date of this AD, no in the Rules Docket for examination by RJ series airplanes. This proposal would interested persons. A report outflow/safety valve that is referenced in the require a one-time inspection to detect ‘‘Applicability’’ section of this AD may be summarizing each FAA-public contact corrosion of the direction link concerned with the substance of this installed on an affected airplane. subassembly of the main landing gear (c) Special flight permits may be issued in proposal will be filed in the Rules (MLG) assembly, and repair or Docket. accordance with sections 21.197 and 21.199 replacement of the direction link of the Federal Aviation Regulations (14 CFR subassembly with a serviceable unit, if Commenters wishing the FAA to 21.197 and 21.199) to operate the airplane to necessary. This proposal is prompted by acknowledge receipt of their comments a location where the requirements of this AD a report of failure of the direction link submitted in response to this notice can be accomplished. subassembly due to corrosion. The must submit a self-addressed, stamped (d) An alternative method of compliance or actions specified by the proposed AD postcard on which the following adjustment of the compliance time that are intended to prevent such failures, statement is made: ‘‘Comments to provides an equivalent level of safety may be which can result in directional control Docket Number 96–NM–41–AD.’’ The approved by the Manager, Brussels Aircraft problems of the airplane during landing. postcard will be date stamped and Certification Office (ACO), FAA, Europe, DATES: Comments must be received by returned to the commenter. Africa, and Middle East Office, c/o American September 23, 1996. Embassy, B–1000 Brussels, Belgium. The Availability of NPRMs request shall be forwarded through an ADDRESSES: Submit comments in Any person may obtain a copy of this appropriate FAA Maintenance Inspector, triplicate to the Federal Aviation who may add comments and then send it to Administration (FAA), Transport NPRM by submitting a request to the the Manager, Brussels ACO. Airplane Directorate, ANM–103, FAA, Transport Airplane Directorate, Attention: Rules Docket No. 96–NM– ANM–103, Attention: Rules Docket No. Note 3: Information concerning the 41–AD, 1601 Lind Avenue, SW., 96–NM–41–AD, 1601 Lind Avenue, existence of approved alternative methods of Renton, Washington 98055–4056. SW., Renton, Washington 98055–4056. compliance with this AD, if any, may be Comments may be inspected at this obtained from the Brussels ACO. Discussion location between 9:00 a.m. and 3:00 (e) All persons affected by this directive p.m., Monday through Friday, except may obtain copies of the documents referred The Civil Aviation Authority (CAA), Federal holidays. which is the airworthiness authority for to herein upon request to AlliedSignal The service information referenced in Aerospace, Technical Publications, the United Kingdom, recently notified the proposed rule may be obtained from the FAA that an unsafe condition may Department 65–70, P.O. Box 52170, Phoenix, British Aerospace Regional Aircraft Arizona 85072–2170; or may examine these exist on all British Aerospace Model Limited, Avro International Aerospace BAe 146 series airplanes and certain documents at the FAA, Central Region, Office Division, Customer Support, Woodford of the Assistant Chief Counsel, Room 1558, Model Avro 146–RJ series airplanes. Aerodrome, Woodford, Cheshire SK7 The CAA advises that it has received a 601 E. 12th Street, Kansas City, Missouri 1QR, England. This information may be 64106. report of a failure of a direction link examined at the FAA, Transport subassembly of the main landing gear Issued in Kansas City, Missouri, on August Airplane Directorate, 1601 Lind 5, 1996. (MLG). Investigation revealed that the Avenue, SW., Renton, Washington. direction link subassembly was not Henry A. Armstrong, FOR FURTHER INFORMATION CONTACT: Tim sealed adequately to protect it from Acting Manager, Small Airplane Directorate, Backman, Aerospace Engineer, moisture. Further investigation revealed Aircraft Certification Service. Standardization Branch, ANM–113, that ingress of moisture resulted in [FR Doc. 96–20395 Filed 8–9–96; 8:45 am] FAA, Transport Airplane Directorate, heavy corrosion on the threads of the BILLING CODE 4910±13±U 1601 Lind Avenue, SW., Renton, direction link tube and the eye ends; Washington 98055–4056; telephone this led to the failure of the direction (206) 227–2797; fax (206) 227–1149. link subassembly. Such failure of the SUPPLEMENTARY INFORMATION: direction link subassembly, if not detected and corrected in a timely Comments Invited manner, could result in problems with Interested persons are invited to the directional control of the airplane participate in the making of the during landing. 41756 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules

Explanation of Relevant Service Cost Impact Administrator, the Federal Aviation Information The FAA estimates that 52 airplanes Administration proposes to amend part of U.S. registry would be affected by this 39 of the Federal Aviation Regulations British Aerospace has issued Service (14 CFR part 39) as follows: Bulletin SB.32–143, dated August 22, proposed AD, that it would take approximately 3 work hours per 1995. This service bulletin describes PART 39ÐAIRWORTHINESS airplane to accomplish the proposed procedures for a visual inspection to DIRECTIVES actions, and that the average labor rate detect corrosion of the direction link is $60 per work hour. Based on these subassembly of the MLG assembly, and 1. The authority citation for part 39 figures, the cost impact of the proposed repair or replacement of the direction continues to read as follows: AD on U.S. operators is estimated to be link subassembly with a serviceable Authority: 49 U.S.C. 106(g), 40113, 44701. $9,360, or $180 per airplane. part, if necessary. The service bulletin The cost impact figure discussed § 39.13 [Amended] also describes certain follow-on above is based on assumptions that no procedures (application of a jointing 2. Section 39.13 is amended by operator has yet accomplished any of adding the following new airworthiness compound to the threads of the the proposed requirements of this AD direction link tube) if light surface directive: action, and that no operator would British Aerospace Regional Aircraft Limited, corrosion or no corrosion is detected. accomplish those actions in the future if Avro International Aerospace Division The service bulletin also refers to this AD were not adopted. (Formerly British Aerospace, plc; British Messier-Dowty Service Bulletin 146– Should an operator be required to Aerospace Commercial Aircraft 32–127, dated August 21, 1995, as an accomplish the replacement of the link Limited): Docket 96–NM–41–AD. additional source of service information. subassembly, it would be accomplished Applicability: All Model BAe 146 series The CAA classified the British concurrently with the required airplanes and Model Avro 146–RJ series Aerospace service bulletin as mandatory inspection and take approximately no airplanes, as listed in British Aerospace in order to assure the continued more work hours than the inspection Service Bulletin SB.32–143, dated August 22, 1995; certificated in any category. airworthiness of these airplanes in the itself. Replacement parts would cost United Kingdom. approximately $8,200 per airplane. Note 1: This AD applies to each airplane identified in the preceding applicability FAAs Conclusions Based on these figures, the cost impact provision, regardless of whether it has been of any necessary replacement action is otherwise modified, altered, or repaired in This airplane model is manufactured estimated to be $8,200 per airplane. the area subject to the requirements of this in the United Kingdom and is type Regulatory Impact AD. For airplanes that have been modified, certificated for operation in the United altered, or repaired so that the performance States under the provisions of section The regulations proposed herein of the requirements of this AD is affected, the 21.29 of the Federal Aviation would not have substantial direct effects owner/operator must request approval for an Regulations (14 CFR 21.29) and the on the States, on the relationship alternative method of compliance in between the national government and accordance with paragraph (g) of this AD. applicable bilateral airworthiness The request should include an assessment of agreement. Pursuant to this bilateral the States, or on the distribution of power and responsibilities among the the effect of the modification, alteration, or airworthiness agreement, the CAA has repair on the unsafe condition addressed by kept the FAA informed of the situation various levels of government. Therefore, this AD; and, if the unsafe condition has not described above. The FAA has in accordance with Executive Order been eliminated, the request should include examined the findings of the CAA, 12612, it is determined that this specific proposed actions to address it. reviewed all available information, and proposal would not have sufficient Compliance: Required as indicated, unless determined that AD action is necessary federalism implications to warrant the accomplished previously. for products of this type design that are preparation of a Federalism Assessment. To prevent failure of the direction link certificated for operation in the United For the reasons discussed above, I subassembly of the main landing gear (MLG), which could result in reduced directional States. certify that this proposed regulation (1) is not a ‘‘significant regulatory action’’ control of the airplane during landing, Explanation of Requirements of under Executive Order 12866; (2) is not accomplish the following: Proposed Rule (a) For airplanes that have accumulated a ‘‘significant rule’’ under the DOT 8,000 or more landings on the MLG assembly Regulatory Policies and Procedures (44 as of the effective date of this AD, or on Since an unsafe condition has been FR 11034, February 26, 1979); and (3) if identified that is likely to exist or which the MLG assembly was manufactured promulgated, will not have a significant or last overhauled within 4 years prior to the develop on other airplanes of the same economic impact, positive or negative, effective date of this AD: Perform a visual type design registered in the United on a substantial number of small entities inspection to detect corrosion of the direction States, the proposed AD would require under the criteria of the Regulatory link subassembly of the MLG assembly at the a one-time visual inspection to detect Flexibility Act. A copy of the draft later of the times specified in paragraph (a)(1) corrosion of the direction link regulatory evaluation prepared for this or (a)(2) of this AD, in accordance with subassembly of the MLG assembly, and British Aerospace Service Bulletin SB.32– action is contained in the Rules Docket. 143, dated August 22, 1995. repair or replacement of the direction A copy of it may be obtained by Note 2: British Aerospace Service Bulletin link subassembly with a serviceable contacting the Rules Docket at the part, if necessary. The proposed AD SB.32–143, dated August 22, 1995, references location provided under the caption Messier-Dowty Service Bulletin 146–32–127, would also require certain follow-on ADDRESSES. procedures (application of a jointing dated August 21, 1995, as an additional source of service information. compound to the threads of the List of Subjects in 14 CFR Part 39 direction link tube) if light surface (1) Prior to the accumulation of 12,000 Air transportation, Aircraft, Aviation total landings, or within 5 years since corrosion is detected or if no corrosion safety, Safety. manufacture or last overhaul, whichever is detected. The actions would be The Proposed Amendment occurs first. Or required to be accomplished in (2) Prior to the accumulation of 400 accordance with the British Aerospace Accordingly, pursuant to the landings on the MLG assembly after the service bulletin described previously. authority delegated to me by the effective date of this AD, or within 2 months Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41757 after the effective date of this AD, whichever a location where the requirements of this AD Washington 98055–4056; telephone occurs first. can be accomplished. (206) 227–2148; fax (206) 227–1149. (b) For airplanes not subject to paragraph Issued in Renton, Washington, on August (a) of this AD: Perform a visual inspection to 6, 1996. SUPPLEMENTARY INFORMATION: detect corrosion of the direction link Darrell M. Pederson, subassembly of the MLG assembly at the later Comments Invited of the times specified in paragraph (b)(1) or Acting Manager, Transport Airplane (b)(2) of this AD, in accordance with British Directorate, Aircraft Certification Service. Interested persons are invited to Aerospace Service Bulletin SB.32–143, dated [FR Doc. 96–20429 Filed 8–9–96; 8:45 am] participate in the making of the August 22, 1995. BILLING CODE 4910±13±U proposed rule by submitting such (1) Prior to the accumulation of 4,000 written data, views, or arguments as landings on the MLG assembly after the they may desire. Communications shall effective date of this AD. Or 14 CFR Part 39 identify the Rules Docket numbers and (2) Within 12 months after the effective date of this AD. [Docket No. 96±NM±139±AD] be submitted in triplicate to the address (c) If no corrosion is found during the specified above. All communications RIN 2120±AA64 inspection required by paragraph (a) or (b) of received on or before the closing date this AD: Prior to further flight, perform the for comments, specified above, will be Airworthiness Directives; Jetstream follow-on actions in accordance with British considered before taking action on the Model BAe ATP Airplanes Aerospace Service Bulletin SB.32–143, dated proposed rule. The proposals contained August 22, 1995. AGENCY: Federal Aviation in this notice may be changed in light Note 3: ‘‘Follow-on actions,’’ as specified Administration, DOT. of the comments received. in this AD, include applying jointing ACTION: Notice of proposed rulemaking compound to the threads; in some case, Comments are specifically invited on restoring the cadmium plate; and applying (NPRM). the overall regulatory, economic, sealant to the exposed threads and SUMMARY: This document proposes the environmental, and energy aspects of castellations on the direction link the proposed rule. All comments subassembly. These actions are described in adoption of a new airworthiness directive (AD) that is applicable to submitted will be available, both before detail in Messier-Dowty Service Bulletin and after the closing date for comments, 146–32–127, dated August 21, 1995. certain Jetstream Model BAe ATP airplanes. This proposal would require in the Rules Docket for examination by (d) If light surface corrosion, as defined in interested persons. A report British Aerospace Service Bulletin SB.32– repetitive inspections of the ram air 143, dated August 22, 1995, is detected inlet ducts for structural integrity and summarizing each FAA-public contact during the inspection required by paragraph security of fasteners, and repairs, if concerned with the substance of this (a) of this AD: Prior to further flight, remove necessary. This proposal also provides proposal will be filed in the Rules the corrosion and perform the follow-on an optional terminating modification for Docket. actions in accordance with the service the repetitive inspections. This proposal Commenters wishing the FAA to bulletin. is prompted by a report of the (e) If any corrosion is found during the acknowledge receipt of their comments inspection required by paragraph (a) or (b) or separation of a ram air inlet duct from submitted in response to this notice this AD, and that corrosion is beyond the the airplane during flight. The actions must submit a self-addressed, stamped limits specified in British Aerospace Service specified by the proposed AD are postcard on which the following Bulletin SB.32–143, dated August 22, 1995: intended to prevent such separation, statement is made: ‘‘Comments to Prior to further flight, replace the link which could pose a hazard to persons or Docket Number 96–NM–139–AD.’’ The subassembly in accordance with the service property on the ground. postcard will be date stamped and bulletin. DATES: Comments must be received by returned to the commenter. (f) As of the effective date of this AD, no September 23, 1996. person shall install a MLG or directional link Availability of NPRMs subassembly unless the inspection and ADDRESSES: Submit comments in necessary follow-on actions of the directional triplicate to the Federal Aviation Any person may obtain a copy of this link subassembly specified in paragraphs (a), Administration (FAA), Transport NPRM by submitting a request to the (b), (c), and (d) of this AD have been Airplane Directorate, ANM–103, FAA, Transport Airplane Directorate, performed, in accordance with British Attention: Rules Docket No. 96–NM– ANM–103, Attention: Rules Docket No. Aerospace Service Bulletin SB.32–143, dated 139–AD, 1601 Lind Avenue, SW., 96–NM–139–AD, 1601 Lind Avenue, August 22, 1995. Renton, Washington 98055–4056. SW., Renton, Washington 98055–4056. (g) An alternative method of compliance or Comments may be inspected at this adjustment of the compliance time that provides an acceptable level of safety may be location between 9:00 a.m. and 3:00 Discussion used if approved by the Manager, p.m., Monday through Friday, except Standardization Branch, ANM–113, FAA, Federal holidays. The Civil Aviation Authority (CAA), Transport Airplane Directorate. Operators The service information referenced in which is the airworthiness authority for shall submit their requests through an the proposed rule may be obtained from the United Kingdom, recently notified appropriate FAA Principal Maintenance Jetstream Aircraft, Inc., P.O. Box 16029, the FAA that an unsafe condition may Inspector, who may add comments and then Dulles International Airport, exist on certain Jetstream Model BAe send it to the Manager, Standardization Washington, DC 20041–6029. This ATP airplanes. The CAA advises that Branch, ANM–113. information may be examined at the the ram air inlet duct base plate flanges Note 3: Information concerning the FAA, Transport Airplane Directorate, can delaminate and allow the screws existence of approved alternative methods of 1601 Lind Avenue, SW., Renton, fastening the ducts to the airplane to compliance with this AD, if any, may be Washington. obtained from the Standardization Branch, pull through the duct base plate. These ANM–113. FOR FURTHER INFORMATION CONTACT: conditions, if not corrected, could result (h) Special flight permits may be issued in William Schroeder, Aerospace Engineer, in the separation of a duct from the accordance with sections 21.197 and 21.199 Standardization Branch, ANM–113, airplane during flight, which poses a of the Federal Aviation Regulations (14 CFR FAA, Transport Airplane Directorate, hazard to persons or property on the 21.197 and 21.199) to operate the airplane to 1601 Lind Avenue, SW., Renton, ground. 41758 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules

Explanation of Relevant Service terminating action is performed. The location provided under the caption Information actions would be required to be ADDRESSES. accomplished in accordance with the Jetstream has issued Service Bulletin List of Subjects in 14 CFR Part 39 service bulletins described previously. BAe ATP–21–36, dated January 3, 1996, Air transportation, Aircraft, Aviation which describes procedures for Cost Impact safety, Safety. inspecting the left and right ram air inlet The FAA estimates that 10 airplanes The Proposed Amendment ducts, to detect if the duct base plate of U.S. registry would be affected by this flange has delaminated and the screws proposed AD, that it would take Accordingly, pursuant to the fastening the ducts to the airplane are approximately 1 work hour per airplane authority delegated to me by the pulling through the duct base plate; this to accomplish the proposed inspection, Administrator, the Federal Aviation service bulletin also describes and that the average labor rate is $60 per Administration proposes to amend part procedures for repairing these work hour. Based on these figures, the 39 of the Federal Aviation Regulations discrepancies using new bolts and cost impact of the proposed AD on U.S. (14 CFR part 39) as follows: washers. The CAA classified this service operators is estimated to be $600 per bulletin as mandatory and issued CAA inspection, or $60 per airplane, per PART 39ÐAIRWORTHINESS Airworthiness Directive 003–01–96 in inspection. DIRECTIVES order to assure the continued The cost impact figure discussed 1. The authority citation for part 39 airworthiness of these airplanes in the above is based on assumptions that no continues to read as follows: United Kingdom. operator has yet accomplished any of In addition, Jetstream has issued the proposed requirements of this AD Authority: 49 U.S.C. 106(g), 40113, 44701. Service Bulletin BAe ATP–21–37, dated action, and that no operator would § 39.13 [Amended] January 23, 1996, which describes a ram accomplish those actions in the future if 2. Section 39.13 is amended by air inlet duct modification that this AD were not adopted. adding the following new airworthiness terminates the need to perform required Should an operator elect to directive: repetitive duct inspections and repairs. accomplish the optional terminating This modification, which would prevent modification provided in this proposal, Jetstream Aircraft, Ltd. (Formerly British the duct from separating from the it would require approximately 1.5 work Aerospace Commercial Aircraft, airplane, requires the bolting of hours to accomplish, at an average labor Limited): Docket 96–NM–139–AD. reinforcing plates to the base flange of rate of $60 per work hour. (This work Applicability: Model BAe ATP airplanes the duct. The CAA classified this having constructor numbers 2002 through hour figure does not include the time 2063 inclusive, certificated in any category. service bulletin as optional. necessary for sealant to cure.) The cost Note 1: This AD applies to each airplane of required parts would be nominal and FAA’s Conclusions identified in the preceding applicability could be produced locally from provision, regardless of whether it has been This airplane model is manufactured standard materials. Based on these otherwise modified, altered, or repaired in in the United Kingdom and is type figures, the cost impact of the proposed the area subject to the requirements of this certificated for operation in the United optional terminating modification on AD. For airplanes that have been modified, States under the provisions of section U.S. operators is estimated to be $60 per altered, or repaired so that the performance 21.29 of the Federal Aviation airplane. of the requirements of this AD is affected, the Regulations (14 CFR 21.29) and the owner/operator must request approval for an applicable bilateral airworthiness Regulatory Impact alternative method of compliance in agreement. Pursuant to this bilateral The regulations proposed herein accordance with paragraph (c) of this AD. airworthiness agreement, the CAA has would not have substantial direct effects The request should include an assessment of the effect of the modification, alteration, or kept the FAA informed of the situation on the States, on the relationship repair on the unsafe condition addressed by described above. The FAA has between the national government and this AD; and, if the unsafe condition has not examined the findings of the CAA, the States, or on the distribution of been eliminated, the request should include reviewed all available information, and power and responsibilities among the specific proposed actions to address it. determined that AD action is necessary various levels of government. Therefore, Compliance: Required as indicated unless for products of this type design that are in accordance with Executive Order accomplished previously. certificated for operation in the United 12612, it is determined that this To prevent the separation of the ram air States. proposal would not have sufficient inlet duct from the airplane, accomplish the federalism implications to warrant the following: Explanation of Requirements of preparation of a Federalism Assessment. (a) Prior to the accumulation of 50 flight Proposed Rule For the reasons discussed above, I hours after the effective date of this AD, Since an unsafe condition has been certify that this proposed regulation (1) inspect the left and right ram air inlet ducts to determine whether the duct base plate identified that is likely to exist or is not a ‘‘significant regulatory action’’ flange has delaminated and the screws develop on other airplanes of the same under Executive Order 12866; (2) is not fastening the duct have pulled through the type design registered in the United a ‘‘significant rule’’ under the DOT duct base plate, in accordance with Jetstream States, the proposed AD would require Regulatory Policies and Procedures (44 BAe ATP Service Bulletin ATP–21–36, dated the inspection of the airplane’s left and FR 11034, February 26, 1979); and (3) if January 3, 1996. right ram air inlet ducts to determine promulgated, will not have a significant (1) If no discrepancy is detected, repeat the whether the duct base plate flange has economic impact, positive or negative, inspection thereafter at intervals not to delaminated and the screws fastening on a substantial number of small entities exceed 250 flight hours. these ducts have pulled through the under the criteria of the Regulatory (2) If any discrepancy is detected, prior to further flight, repair in accordance with the duct base plate; and would require Flexibility Act. A copy of the draft service bulletin. Thereafter, repeat the repair, if necessary. Thereafter, the regulatory evaluation prepared for this inspection at intervals not to exceed 250 proposed AD also would require action is contained in the Rules Docket. flight hours. repetitive inspections and repairs, if A copy of it may be obtained by (b) Accomplishment of the modification of necessary, unless an optional contacting the Rules Docket at the the ram air inlet ducts in accordance with Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41759

Jetstream BAe ATP Service Bulletin ATP–21– conference will be announced at a later Clark County either to fully implement 37, dated January 23 , 1996, constitutes date. and strengthen current CO control terminating action for the repetitive DATES: The technical conference will be measures, or to adopt additional control inspections required by paragraph (a) of this measures prior to the 1996–97 winter AD. held on September 20, 1996, beginning (c) An alternative method of compliance or at 9:30 a.m. Requests to participate and CO season in an effort to attain the CO adjustment of the compliance time that issues should be filed on or before NAAQS. provides an acceptable level of safety may be August 15, 1996. DATES: Written comments on this used if approved by the Manager, ADDRESSES: The conference will be held proposal must be received by September Standardization Branch, ANM–113, FAA, at the Federal Energy Regulatory 11, 1996. Transport Airplane Directorate. Operators Commission, 888 First St., NE, ADDRESSES: Written comments should shall submit their requests through an Washington, DC 20426. Filings should appropriate FAA Principal Maintenance be sent to: Inspector, who may add comments and then be made with the Office of the Secretary Wallace Woo, Chief, Plans Development send it to the Manager, Standardization at the same address. Section, A–2–2, U.S. Environmental Branch, ANM–113. FOR FURTHER INFORMATION CONTACT: Protection Agency, Region 9, 75 Note 2: Information concerning the David D. Withnell, Federal Energy Hawthorne Street, San Francisco, existence of approved alternative methods of Regulatory Commission, Office of the California 94105. compliance with this AD, if any, may be General Counsel, 888 First St., N.E., The rulemaking docket for this obtained from the Standardization Branch, Washington, D.C. 20426, Telephone: proposal, Docket No. 96–NV–PL–001, ANM–113. (202) 208–2063. may be inspected and copied at the (d) Special flight permits may be issued in Lois D. Cashell, following location between 8 a.m. and accordance with sections 21.197 and 21.199 Secretary. 4:30 p.m. on weekdays. A reasonable fee of the Federal Aviation Regulations (14 CFR may be charged for copying parts of the [FR Doc. 96–20441 Filed 8–9–96; 8:45 am] 21.197 and 21.199) to operate the airplane to docket. a location where the requirements of this AD BILLING CODE 6717±01±M U.S. Environmental Protection Agency, can be accomplished. Region 9, Air and Toxics Division, Issued in Renton, Washington, on August Plans Development Section, A–2–2, 6, 1996. ENVIRONMENTAL PROTECTION 75 Hawthorne Street, San Francisco, Darrell M. Pederson, AGENCY California 94105. Acting Manager, Transport Airplane Copies of the docket are also available Directorate, Aircraft Certification Service. 40 CFR Part 81 at the State and local offices listed [FR Doc. 96–20430 Filed 8–9–96; 8:45 am] [NV±029±0001; FRL±5549±5] below: BILLING CODE 4910±13±U Nevada Division of Environmental Clean Air Act Reclassification; Nevada- Protection, 333 West Nye Lane, Clark County Nonattainment Area; Carson City, Nevada, 89710; and, Carbon Monoxide DEPARTMENT OF ENERGY Clark County Department of Comprehensive Planning, 500 South AGENCY: Environmental Protection Grand Central Parkway, Suite 3012, Federal Energy Regulatory Agency (EPA). Commission Las Vegas, Nevada, 89155–1741. ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Jerry 18 CFR Part 35 SUMMARY: EPA proposes to find that the Wamsley, A–2–2, Air and Toxics Clark County, Nevada carbon monoxide Division, U.S. Environmental Protection [Docket No. RM96±11±000] (CO) nonattainment area has met the Agency, Region 9, 75 Hawthorne Street, criteria in section 186(b)(4) of the Clean San Francisco, California 94105, (415) Capacity Reservation Open Access 744–1226. Transmission Tariffs Air Act (CAA): it exceeded the CO National Ambient Air Quality Standard SUPPLEMENTARY INFORMATION: August 2, 1996. (NAAQS) once in 1995; it has adopted I. Background AGENCY: Federal Energy Regulatory and implemented the CAA required Commission, DOT. moderate nonattainment area control A. CAA Requirements and EPA Actions measures; and, it has demonstrated Concerning Designation and ACTION: Notice of proposed rulemaking; Classifications technical conference. progress towards attaining the CO NAAQS. As a result of this finding, EPA With enactment of the Clean Air Act SUMMARY: On July 18, 1996 (61 FR proposes to grant a one-year extension Amendments of 1990, under section 38663, July 25, 1996), the Commission of Clark County’s moderate area 107(d)(1)(C) of the Clean Air Act (CAA), announced that it will convene a one- attainment date from December 31, 1995 each carbon monoxide (CO) area day technical conference on the notice to December 31, 1996. EPA’s proposed designated nonattainment prior to of proposed rulemaking (61 FR 21847, finding is based on a review of enactment of the 1990 Amendments was May 10, 1996) in this proceeding. The monitored air quality data for designated nonattainment by operation proposed rule specifies filing compliance with the CO NAAQS, as of law. Under section 186(a) of the CAA, requirements to be followed by public well as the air quality planning progress each CO area designated nonattainment utilities in making transmission tariff of Clark County. If EPA takes final under section 107(d) was also classified filings based on capacity reservations action on this proposed finding, the by operation of law as either for all transmission users. Persons Clark County CO nonattainment area ‘‘moderate’’ or ‘‘serious’’ depending on wishing to participate in the conference will remain classified as a moderate CO the severity of the area’s air quality should file a request with the Secretary nonattainment area as a result of problem. CO areas with design values indicating the general issue or issues extending the CAA mandated between 9.1 and 16.4 parts per million they wish to discuss and identifying the attainment date for one year. The (ppm) were classified as moderate. party or parties they will represent. The intended effect of extending the States containing areas that were agenda and format for the technical attainment date is to allow Nevada and classified as moderate nonattainment by 41760 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules operation of law under section 107(d) entered into the Aerometric Information obligations. To determine if the State were required to submit State Retrieval System (AIRS) data base. has substantially met these planning implementation plans (SIPs) designed to EPA determines a CO nonattainment requirements, EPA will review the attain the CO national ambient air area’s air quality status in accordance State’s attainment date extension quality standard (NAAQS) as with 40 CFR 50.8 and EPA policy.2 EPA application to assess whether the State expeditiously as practicable but no later has promulgated two NAAQS for CO: an has: (1) adopted and substantially than December 31, 1995. eight-hour average concentration and a implemented control measures to satisfy On November 6, 1991, Clark County one-hour average concentration. the requirements for a moderate CO was designated nonattainment for CO Because there were no violations of the nonattainment area; and, (2) that and was classified as a ‘‘high’’ moderate one-hour standard in the Clark County reasonable further progress is being met area given its design value of 14.4 ppm area in 1994 and 1995, this notice for the area. (See 56 FR 56694). Clark County’s addresses only the air quality status of If the State cannot make a sufficient nonattainment designation and the Clark County area with respect to demonstration that the area has met the classification is codified at 40 CFR part the eight-hour standard. The eight-hour extension criteria described above and 81.329. The moderate area SIP CO NAAQS requires that not more than EPA determines that the area has not requirements are set forth in section one non-overlapping eight-hour average demonstrated attainment of the CO 187(a) of the CAA and differ depending per year per monitoring site can exceed NAAQS, then the area will be on whether the area’s design value is 9.0 ppm (values below 9.5 are rounded reclassified as serious by operation of below or above 12.7 parts per million down to 9.0 and they are not considered law pursuant to section 186(b)(2) of the (ppm). With its design value of 14.4 exceedances). The second exceedance of Act. If an extension is granted, then, at ppm, Clark County is required to meet the eight-hour CO NAAQS at a given the end of the extension year, EPA will the ‘‘high’’ moderate nonattainment area monitoring site within the same year review the area’s air quality data to constitutes a violation of the CO requirements and attain the CO NAAQS determine if the area has attained the NAAQS. by December 31, 1995. CO NAAQS. Recall that CO areas must C. Attainment Date Extensions have two consecutive years of clean air B. Reclassification to a Serious quality data to demonstrate attainment. Nonattainment Area If a state does not have the two consecutive years of clean data Consequently, if the area measures a EPA has the responsibility, pursuant necessary to show attainment of the violation of the CO NAAQS during the to sections 179(c) and 186(b)(2) of the NAAQS, it may apply, under section extension year, the area will be unable CAA, of determining within six months 186(a)(4) of the CAA, for a one year to qualify for a second one year of the applicable attainment date, attainment date extension. At its extension. Then, once EPA makes a December 31, 1995, whether a moderate discretion, EPA may grant an extension finding of failure to attain the CO area has attained the CO NAAQS. Under if the area has: (1) measured no more NAAQS, the moderate area will be section 186(b)(2)(A), if EPA finds that a than one exceedance of the CO NAAQS reclassified as serious by operation of moderate area has not attained the CO at any monitoring site in the law. NAAQS, it is reclassified as serious by nonattainment area in the year II. Today’s Action operation of law. Pursuant to section preceding the extension year, and (2) 186(b)(2)(B) of the Act, EPA must complied with the requirements and In today’s action, EPA proposes to publish a notice in the Federal Register commitments pertaining to the find that the Clark County CO identifying areas which failed to attain applicable implementation plan for the nonattainment area has met the criteria the standard and therefore must be area. Under section 186(a)(4), EPA may in section 186(b)(4) of the CAA, thereby reclassified as serious by operation of grant up to two one year extensions if qualifying for a one year attainment date law. these conditions have been met. extension. As a result of this finding, EPA makes attainment determinations The Administrator’s authority to EPA proposes to grant a one-year for CO nonattainment areas based upon extend attainment dates for moderate extension of Clark County’s moderate whether an area has two years (or eight areas is discretionary. Section 186(a)(4) area attainment date from December 31, consecutive quarters) of clean air quality of the Act provides that the 1995 to December 31, 1996. This data.1 Section 179(c)(1) of the Act states Administrator ‘‘may’’ extend the proposed finding is based on both EPA’s that the attainment determination must attainment date for areas meeting the review of 1994 and 1995 monitored air be based upon an area’s ‘‘air quality as minimum requirements specified above. quality data for compliance with the CO of the attainment date.’’ Consequently, The provision does not dictate or NAAQS and EPA’s review of Clark EPA will determine whether an area’s compel EPA to grant extensions to such County’s application for an attainment air quality has met the CO NAAQS by areas. Therefore, EPA will examine the date extension. moderate area’s air quality planning December 31, 1995 based upon the most A. Ambient Air Monitoring Data recent two years of air quality data progress and will be disinclined to grant an attainment date extension unless a The following table lists the location 1 See memorandum from Sally L. Shaver, State has, in substantial part, addressed and dates that the eight-hour CO Director, Air Quality Strategies and Standards its moderate area CO planning NAAQS of 9 ppm has been exceeded in Division, EPA, to Regional Air Office Directors, Clark County during 1994, 1995, and entitled ‘‘Criteria for Granting Attainment Date 2 See memorandum from William G. Laxton, 1996. Although the attainment and Extensions, Making Attainment Determinations, Director, Technical Support Division, entitled and Determinations of Failure to Attain the NAAQS ‘‘Ozone and Carbon Monoxide Design Value extension criteria address the 1994 and for Moderate CO Nonattainment Areas,’’ October Calculations’’, June 18, 1990. See also Shaver 1995 data, the 1996 data is relevant to 23, 1995 (Shaver memorandum). memorandum. later discussion in this section. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41761

EXCEEDANCES OF 8-HOUR CARBON MONOXIDE NATIONAL AMBIENT AIR QUALITY STANDARD1 in the Clark County, Nevada Nonattainment Area

1994 1995 1996 Monitoring Site Concen. Date Concen. Date Concen. Date

2850 East Charleston Blvd ...... 10.6 ppm 1/4 10.2 ppm 11/23 10.1 ppm 1/6 9.5 ppm 1/21 ...... 10.3 ppm 1/14 9.6 ppm 1/22 ...... 10.2 ppm 3/10 9.6 ppm 12/1 10.9 ppm 12/17 ppm 1 The eight-hour carbon monoxide NAAQS is 9 parts per million. 2 Concen. = monitored carbon monoxide concentration in parts per million.

1. 1994 Data asserted that the configuration of the to all applicable protocols until its lease During calendar year 1994, Clark East Charleston monitoring site is expires in 1997. Three new monitoring County exceeded the eight-hour CO inconsistent with the requirements for sites will be added to the Clark County NAAQS five times. All of these National Air Monitoring Station air quality monitoring system before the exceedances occurred at the East (NAMS) given in the Code of Federal 1996–97 winter CO season: two Charleston monitoring site. These Regulations (see 40 CFR Part 58.) Clark neighborhood scale sites, one at Sunrise exceedances total four violations of the County’s specific concerns were as Acres Elementary School and the other CO NAAQS. follows: (a) several trees located less at Crestwood Elementary School in the than ten meters from the station and East Charleston area; and, a microscale 2. 1995 Data adjacent block walls, north and west of site on Las Vegas Boulevard at During calendar year 1995, Clark the station, impede the air flow around Tropicana. Both the neighborhood scale County exceeded the eight-hour CO the monitor; (b) the current probe height site at Sunrise Acres Elementary School NAAQS once at the East Charleston is less than two meters above the top of and the microscale site on Las Vegas monitoring site. Consequently, there the block wall, Clark County suggests it Boulevard will be potential National Air were no violations of the CO NAAQS in should be three meters or more; and, (c) Monitoring Stations. As such, they must 1995. vehicle emissions from a nearby meet federal monitoring requirements apartment complex parking lot may be and their siting and operating protocols 3. 1996 Data causing a bias of approximately 1.0 ppm are subject to EPA approval. To During the first quarter of 1996, Clark during high CO episodes. In sum, Clark determine accurately and scientifically County exceeded the eight-hour CO County asserts that air flow obstructions the air quality status of Clark County in NAAQS three times; all at the East reducing windspeed in and around the 1996, it is essential that Clark County Charleston monitoring site. These sampling probe along with a potential install these three new monitoring sites exceedances total two violations of the source of nearby vehicle emissions both before October 1, 1996 and operate them CO NAAQS. contribute to bias the East Charleston correctly during the 1996–97 winter CO data. Clark County suggests that this season. 4. Discussion of CO NAAQS total bias may contribute 1.4 ppm or Exceedances During the 1995–96 Winter b. EPA Review of Other CO Data approximately 10% to the 1995 high CO CO Season Collected in East Charleston Area value of 10.3 ppm. Clark County meets the first statutory Because of these concerns, Clark During 1995–96 Winter CO Season criterion for an attainment date County asked EPA to delay a finding of During the 1995–96 winter CO season, extension by having no more than one attainment or nonattainment for the CO two special purpose CO monitoring sites exceedance of the CO NAAQS in the NAAQS until new CO data is collected were operated within a city block of the nonattainment area in 1995. However, during October to December of 1996 at East Charleston monitoring station: the this achievement is clouded by three new monitoring sites. Towards this end, ‘‘Proximity’’ site (2850 East Charleston exceedances of the CO NAAQS during Clark County proposed the following Boulevard) and the ‘‘Microscale’’ (2801 January and March 1996. Furthermore, actions: (a) to relocate the East East Charleston Boulevard) site. The Clark County raised several concerns Charleston monitoring station within data collected at these monitoring sites with the East Charleston monitoring site the same neighborhood; (b) to increase are not used for regulatory purposes and suggesting that siting problems biased the number of EPA recognized these monitors may have siting issues the data collected there. neighborhood sites by adding independent of those at the East a. Clark County Concerns with East monitoring sites at East Sahara and East Charleston station. Charleston Monitoring Site Flamingo Boulevards; (c) to identify and However, EPA staff examined the data add a suitable microscale monitoring collected at these two sites and In recent correspondence from Clark station with high pedestrian traffic; and, compared them to the data obtained at County to EPA, Clark County raised (d) to request designation of the Paul the East Charleston station over the several concerns with the siting of the Meyer Park monitor in Spring Valley as 1995–96 winter CO season on the days East Charleston monitor and proposed a background CO monitoring site. where exceedances of the CO NAAQS several changes to the Clark County In response to Clark County’s were observed at any of the three monitoring network.3 Clark County concerns and proposal, EPA and Clark monitors. For these days, EPA compared County have agreed to revise the CO the eight-hour maximum average value 3 See correspondence from Michael Naylor, Clark monitoring network in Clark County. at the three sites to determine Co. Health District to John Kennedy, U.S. Environmental Protection Agency, February 7, The present East Charleston monitoring qualitatively the extent of the CO 1996. site will continue to operate according problem in the East Charleston area and 41762 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules the extent of any inconsistencies exceedances of the CO NAAQS at the area. Having reviewed Clark County’s between East Charleston data and data East Charleston site do not appear to be ambient air quality data for exceedances collected at other CO monitors in the anomalies solely derived from site of the CO NAAQS, the remainder of this area. problems. Under predictable weather proposal will review whether or not The comparison shows that data from patterns and meteorology, ambient CO Clark County meets the second the three sites were very similar. On the values near or above the CO NAAQS criterion. exceedance days, the daily maximum occur consistently in the East eight-hour average values almost always Charleston area. 1. Review of SIP Implementation and occurred during the same time period at Compliance all three sites. Also, on the nine days 5. Conclusion To determine whether or not Nevada where an exceedance of the CO NAAQS Clark County meets the first statutory and Clark County have complied with was observed at any of the three criterion for an attainment date the applicable SIP, EPA will examine monitors, East Charleston recorded extension by having no more than one the air quality planning progress made three exceedances, Proximity recorded exceedance of the CO NAAQS in the in Clark County. In this assessment, five exceedances, and Microscale nonattainment area in 1995. However, EPA will review recent State recorded seven exceedances. This this achievement is clouded by 3 implementation plan submittals and the suggests that exceedances at East exceedances of the CO NAAQS in extension application to determine if Charleston did not appear to be January and March of 1996. Nevada and Clark County have: (a) anomalies solely derived from siting EPA will not disqualify the January to adopted and implemented the control problems. Ambient CO values near or March winter 1996 CO season measures needed to satisfy the CAA above the CO NAAQS appear to occur monitoring data from the East requirements for a moderate CO consistently in the East Charleston area. Charleston station without further nonattainment area; and (b) made The exception was the period review and conclusive evidence that it reasonable further progress towards between November 30, 1995 and is inaccurate. Clark County should meeting the CO NAAQS. These criteria December 21, 1995 when the East operate the East Charleston monitor are used as part of determining Charleston monitoring site was operated according to proper protocols through compliance with the applicable SIP under a different protocol. The sampling the coming 1996–97 winter CO season because Nevada and Clark County have probe height at East Charleston was in parallel with the new monitors at recently submitted amendments to raised from 3.7 meters to 14.2 meters Sunrise Acres Elementary School, several of these moderate area control while the sampling probes at the Crestwood Elementary School, and on measures. EPA has yet to review, Proximity and Microscale sites Las Vegas Boulevard & Tropicana. Then, approve, and include these recent remained at 10 and 3.5 meters in collaboration with Nevada Division amendments in the applicable SIP. respectively. Data collected in January of Environmental Protection and the 1996 suggest that CO values observed at Clark County Health District, EPA will a. Compliance With Moderate Area the East Charleston monitor during this compare the East Charleston data to data Planning Requirements November/December timeframe were from the replacement site at Sunrise The CAA requires moderate CO lower than they otherwise might have Acres Elementary School to determine nonattainment areas, such as Clark been due to the difference in probe what bias, if any, exists in the East County, to implement the following height. Parallel monitoring at the two Charleston data. In early 1997, EPA will control measures and planning different probe heights during the use the data from Crestwood Elementary requirements: (a) enhanced inspection January 1996 exceedances show CO School and Las Vegas Boulevard, along and maintenance of motor vehicles values were 11–13% lower at 14.2 with data from the rest of the Clark (enhanced I/M) for CO; (b) an meters than when measured at 3.7 County air quality monitoring network, oxygenated fuels program requiring meters 4. Also, in contrast, where the to determine Clark County’s air quality gasoline to be sold with 2.7% oxygenate East Charleston site measured no status. by weight; (c) areawide vehicle miles exceedances of the CO NAAQS during B. Review of Clark County’s Attainment traveled (VMT) forecasts and linked this timeframe, the Proximity site Date Extension Request contingency measures; (d) a measured CO values greater than the CO On March 28, 1996, Nevada submitted demonstration of attainment for the CO NAAQS once and the Microscale site Clark County’s application for a one- NAAQS; and, (e) any additional control measured CO values greater than the year extension of the moderate CO measures needed to attain the CO NAAQS three times. After December 21, 7 attainment date from December 31, 1995 NAAQS. 1995, Clark County returned the East to December 31, 1996.6 Clark County Nevada has submitted two enhanced Charleston sampling probe to 3.7 meters I/M programs for Clark County. Nevada 5 does not have two consecutive years of at EPA’s request. EPA’s request was clean data needed to show attainment of submitted its first enhanced I/M consistent with the National Air the CO NAAQS. So, as discussed earlier, program on July 28, 1994. It was Monitoring Station operating protocols EPA may grant a one year attainment intended to comply with EPA used at the East Charleston site since its date extension if Clark County meets the regulations extant at the time (see 57 FR inception fifteen years ago. following two criteria: (1) no more than 52950, November 5, 1992). Since then, In summary, data exists in addition to one exceedance of the CO NAAQS at Nevada redesigned its enhanced I/M the data collected at East Charleston to any monitoring site in the program to take advantage of increased suggest that frequency and severity of nonattainment area in 1995, and (2) flexibility offered by EPA’s revised compliance with the requirements and 4 See February 7, 1996 Michael Naylor to John commitments pertaining to the 7 For more information on air quality planning Kennedy correspondence at page 6. January 1996 requirements, see section 187(a) of the CAA, the exceedances were approximately 10.3 ppm, applicable implementation plan for the ‘‘General Preamble to Title I of the CAA’’ (57 FR measured at 3.7 meters, while CO values measured 13498–13570, April 16, 1992 and 57 FR 18070– at 14.2 meters were approximately 9.0 ppm. 6 See ‘‘1996 Extension Year Application for the 18077, April 28, 1992), and the ‘‘Technical Support 5 See correspondence from David P. Howekamp, Las Vegas Valley Carbon Monoxide Nonattainment Document to Aid States with the Development of U.S. Environmental Protection Agency to Michael Area,’’ Clark County Department of Comprehensive Carbon Monoxide State Implementation Plans’’ Naylor, dated December 15, 1995. Planning, March 1996. (EPA–452/R–92–003, July 1992) Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41763 enhanced I/M program regulations (see County determined that this added III. Consequences of Today’s Action 60 FR 48029, September 18, 1995). measure was needed to attain the CO If EPA takes final action on this Thus, Clark County’s present enhanced NAAQS. The Nevada Board of proposed finding that Clark County has I/M program is designed to meet EPA’s Agriculture subsequently amended the met the criteria for an attainment date ‘‘low’’ enhanced I/M performance Nevada Administrative Code to require extension, then Clark County will be standard. Nevada submitted this a wintertime RVP of 9 pounds per granted a one year attainment date program to EPA on March 20, 1996. square inch (psi). extension and will remain classified as This low enhanced I/M program was not In conclusion, Clark County has a moderate CO nonattainment area. fully implemented in Clark County adopted and submitted items addressing After December 31, 1996, EPA will during the 1995–96 winter CO season. again review the air quality data for In September 1995, Nevada began the planning requirements of the CAA Clark County to determine if it has implementing its low enhanced I/M for moderate CO areas. Clark County’s attained the CO NAAQS. program. Program improvements adopted CO control strategy for the If Clark County measures violations of included connecting test analyzers to a 1995–96 winter CO season included the the CO NAAQS during 1996, the area common network over approximately following elements: a low program will be unable to qualify for a second 290 inspection stations. However, on standard enhanced vehicle I/M program, road testing of the in-use registered a 2.7% oxygenated fuels program, and a one year extension. Then, after an EPA motor vehicle population (remote wintertime RVP requirement. However, finding of failure to attain the CO sensing) was not implemented during the low enhanced I/M program was not NAAQS, Clark County would be the 1995–96 winter CO season. Nevada fully implemented during the 1995–96 reclassified as a serious carbon is scheduled to begin remote sensing in winter CO season. EPA expects Clark monoxide nonattainment area by July 1996. County’s enhanced I/M program to be operation of law. Requiring a minimum 2.5% oxygenate fully implemented before the 1996–97 IV. Executive Order (EO) 12866 by weight, Clark County first winter CO season. Furthermore, Clark Under E.O. 12866, 58 FR 51735 implemented its oxygenated fuels County submitted to EPA all CAA (October 4, 1993), EPA is required to program in November of 1989. By required plan elements such as VMT determine whether regulatory actions November 1991, the oxygenated fuels forecasts, contingency measures, and an are significant and therefore should be regulation, Health District Regulation— attainment demonstration for the CO subject to OMB review, economic Section 53, was revised to meet the NAAQS. minimum 2.7% oxygenate by weight analysis, and the requirements of the requirement of the CAA. Clark County b. Reasonable Further Progress Towards Executive Order. The Executive Order submitted this regulation to EPA on July Meeting the CO NAAQS defines a ‘‘significant regulatory action’’ 6, 1992. Since this submittal, Clark as one that is likely to result in a rule County has revised its oxygenated fuels Both the number and severity of that may meet at least one of the four regulation several times within the 2.7% violations of the CO NAAQS have criteria identified in section 3(f), 8 oxygenate content requirement. Clark decreased since 1990. In 1990, Clark including, under paragraph (1), that the County’s latest submittal of the County violated the CO NAAQS thirteen rule may ‘‘have an annual effect on the oxygenated fuels regulation (revised and times with a 14.2 ppm design value. In economy of $100 million or more or adopted July 27, 1995) to EPA was on comparison, during 1995, Clark County adversely affect, in a material way, the October 4, 1995. exceeded the CO NAAQS once with a economy, a sector of the economy, Clark County provided vehicle miles 9.2 ppm design value. The frequency productivity, competition, jobs, the traveled forecasts, contingency and severity of CO NAAQS violations environment, public health or safety, or measures, and an attainment have decreased. Furthermore, these State, local, or tribal governments or demonstration in three CO plan improvements in air quality coincide communities.’’ submittals. Clark County submitted its with implementation of the control The Agency has determined that first CO plan on November 17, 1992 to measures described above, especially extending attainment dates, as proposed comply with the CO plan submittal the oxygenated fuels program. today, would not result in the effects requirements of the CAA. Then, Clark identified in section 3(f). Under section County provided a second revised plan 2. Conclusion 186(a)(4) of the CAA, attainment date submittal on October 4, 1995. The Given the planning actions and extensions are based upon air quality second revision was required due to reasonable further progress by Clark conditions and planning considerations and are either administrative in nature, changes in the enhanced I/M program County, EPA proposes that Clark County or must occur by operation of law in and resulting changes in Clark County’s meets the second statutory criterion CO control strategy. Clark County light of certain air quality conditions. required for a one year attainment date submitted the third revised CO plan on They do not, in-and-of-themselves, extension: it has adopted, submitted, November 8, 1995 including State and impose any new requirements on any and, for the most part, implemented, the local commitments to control measures sectors of the economy. control measures needed to satisfy the in 2000 and 2010. Assuming V. Regulatory Flexibility implementation of these enforceable requirements for a moderate CO commitments allowed transportation nonattainment area; it has adopted and Under the Regulatory Flexibility Act, planning agencies to demonstrate that submitted the planning requirements for 5 U.S.C. 601 et seq., EPA must prepare current transportation plans and a moderate CO area; and, it has made a regulatory flexibility analysis programs will conform to the CO plan’s reasonable further progress towards assessing the impact of any proposed or emissions budget in 2000 and 2010. meeting the CO NAAQS. final rule on small entities. 5 U.S.C 603 Also, in the October 4, 1995 CO plan and 604. Alternatively, EPA may certify submittal, Clark County included a 8 See Attachments 1–4 to ‘‘1996 Extension Year that the rule will not have a significant Application for the Las Vegas Valley Carbon wintertime Reid vapor pressure (RVP) Monoxide Nonattainment Area,’’ Clark County economic impact on a substantial fuel requirement, a control measure not Department of Comprehensive Planning, March number of small entities. Small entities required by the CAA. However, Clark 1996. include small businesses, small not-for- 41764 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules profit enterprises, and government mandated attainment date for moderate related to the draft final rule. Although entities with jurisdiction over nonattainment areas, December 31, an ICR was prepared and made available populations of less than 50,000. 1995. as part of the proposed rule, and the As discussed in section IV. of this At the request of the Spokane Air comments received on that ICR have notice, attainment date extensions Pollution Control Authority, EPA is been considered in developing the final under section 186(a)(4) of the CAA do extending the comment period for 30 draft rule and ICR, the Agency has not create any new requirements. days. recently received several letters Therefore, I certify that today’s DATES: Comments will be accepted until expressing concern about preliminary proposed action does not have a August 31, 1996. burden estimates which were significant impact on small entities. ADDRESSES: Written comments should prematurely made publicly available. In order to provide another opportunity for VI. Unfunded Mandates be sent to: Montel Livingston, SIP Manager, Office of Air Quality, M/S the regulated community to provide Under sections 202, 203 and 205 of OAQ–107, EPA Region 10, Docket #WA new comments or information related to the Unfunded Mandates Reform Act of 54–7127, 1200 Sixth Avenue, Seattle, the burden and cost estimates, the 1995 (Unfunded Mandates Act), signed Washington 98101. Agency has decided to reopen the into law on March 22, 1995, EPA must FOR FURTHER INFORMATION CONTACT: rulemaking record for the narrow assess whether various actions William M. Hedgebeth of the EPA purpose of soliciting additional undertaken in association with Region 10 Office of Air Quality, (206) comment on the sole issue of the costs proposed or final regulations include a 553–7369. or burdens associated with the proposed Federal mandate that may result in rule and the draft final rule. After estimated costs of $100 million or more Dated: July 30, 1996. consideration of any comments to the private sector, or to State, local or Chuck Clarke, received, the Agency will submit the tribal governments in the aggregate. EPA Regional Administrator. revised ICR package to the Office of believes, as discussed above, that the [FR Doc. 96–20368 Filed 8–9–96; 8:45 am] Management and Budget (OMB) for proposed finding that Clark County BILLING CODE 6560±50±P review and approval under the nonattainment area meets the criteria in Paperwork Reduction Act (44 U.S.C. section 186(a)(4) and thereby qualifies 3501 et seq.). EPA is soliciting for an attainment date extension is a 40 CFR Parts 153 and 159 comments on the specific aspects of the factual determination based upon air [OPP±60010E; FRL±5388±1] collection described below. This ICR, quality considerations and must occur entitled: Submission of Unreasonable by operation of law and, hence, does not RIN 2070-AB50 Adverse Effects Information Under impose any Federal intergovernmental FIFRA Section 6(a)(2) [EPA ICR No. mandate, as defined in section 101 of Reporting Requirements for Risk/ 1204.04; OMB No. 2070-0039], will the Unfunded Mandates Act. Benefit Information; Reopening of replace the existing ICR once EPA issues Comment Period to Request the final rule. List of Subjects in 40 CFR Part 81 Comments on Burden Estimates Environmental protection, Air DATES: Comments must be submitted on AGENCY: pollution control, Intergovernmental Environmental Protection or before September 11, 1996. Agency (EPA). relations, Carbon monoxide. ADDRESSES: Submit written comments ACTION: Proposal; reopening of comment identified by the docket control number Authority: 42 U.S.C. 7401–7671q. period. Dated: July 22, 1996. OPP-60010E and EPA ICR No. 1204.04 Felicia Marcus, SUMMARY: Under section 6(a)(2) of the by mail to: Public Response Section, Field Operations Division (7506C), Regional Administrator. Federal Insecticide, Fungicide, and Office of Pesticide Programs, [FR Doc. 96–20370 Filed 8–9–96; 8:45 am] Rodenticide Act (FIFRA), pesticide registrants are required to submit to the Environmental Protection Agency, 401 BILLING CODE 6560±50±P Agency information that they acquire M St., SW., Washington, DC 20460. In which may be relevant to the balancing person, bring comments directly to the OPP docket which is located in Rm. 40 CFR Part 81 of the risks and benefits of their pesticide product(s). On September 24, 1132 of Crystal Mall #2, 1921 Jefferson [WA 54±7127; FRL±5550±5] 1992 (57 FR 44290), EPA issued a Davis Highway, Arlington, VA. Clean Air Act Reclassification; proposed rule which defined the Comments and data may also be Spokane, Washington Carbon specifics of this reporting requirement. submitted electronically by sending Monoxide Nonattainment Area: After evaluating the comments received electronic mail (e-mail) to: opp- Extension of Comment Period in response to that proposal, as well as [email protected]. Electronic several discussions with stakeholders, comments must be submitted as a ASCII AGENCY: Environmental Protection the Agency is now working to issue a file avoiding the use of special Agency (EPA). final rule which clearly defines the characters and any form or encryption. ACTION: Proposed rule; extension of reporting obligations of registrants Comments and data will also be comment period. under FIFRA section 6(a)(2). Before accepted on disks in WordPerfect 5.1 issuing this final rule, however, the file format or ASCII file format. All SUMMARY: EPA is extending the Agency is reopening the rulemaking comments and data in electronic form comment period for a proposed rule record to allow interested individuals to must be identified by the docket number published July 1, 1996 (61 FR 33879). comment on the burdens that would be ‘‘OPP-60010E’’ and EPA ICR No. On July 1, 1996, EPA proposed to find imposed by the rule in its current draft 1204.04. No Confidential Business that the Spokane, Washington carbon final form. In addition, the Agency is Information (CBI) should be submitted monoxide (CO) nonattainment area has seeking comments on the revised through e-mail. Electronic comments on not attained the CO national ambient air burden estimates presented in the this document may be filed online at quality standard by the Clean Air Act Information Collection Request (ICR) many Federal Depository Libraries. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules 41765

Information submitted as a comment person wishes to submit comments on and information concerning pesticide concerning this document may be an issue other than the costs of the rule resistance. claimed confidential by marking any to registrants, that person may file a II. The Information Collection Request part or all of that information as CBI. petition to reopen the rulemaking record Information so marked will not be and should include in such petition an EPA is seeking comments on the disclosed except in accordance with explanation of why the requested following Information Collection procedures set forth in 40 CFR part 2. reopening could lead to significant Request (ICR), which will revise an ICR A copy of the comment that does not material changes in the rule and why currently approved by OMB: contain CBI must be submitted for the comments to be submitted during ICR numbers: EPA ICR No. 1204.04; inclusion in the public record. the reopening could not have been OMB No. 2070-0039. Information not marked confidential submitted earlier. Expiration: OMB approval of the current ICR expires on November 30, may be disclosed publicly by EPA In terms of comments on costs and 1996. without prior notice. All comments will burden estimates, the Agency is Title: Submission of Unreasonable be available for public inspection in Rm. interested in detailed comments Adverse Effects Information Under 1132 at the Virginia address given above identifying how the proposed and draft FIFRA Section 6(a)(2). from 8 a.m. to 4:30 p.m., Monday final rules would affect the costs (and Affected entities: This collection through Friday, excluding legal any other burdens) imposed upon applies to all pesticide registrants. The holidays. registrants by their reporting obligations Standard Industrial Codes assigned to FOR FURTHER INFORMATION CONTACT: Jim under section 6(a)(2). The Agency is the businesses required to submit a Roelofs, Policy and Special Projects particularly interested in comments response under this collection activity Staff, Office of Pesticide Programs, addressing the issues set forth below, are 286 and 287. Environmental Protection Agency, Mail although interested persons are invited Abstract: This information collection Code (7501C), 401 M St., SW., to submit any comments related to cost stems from a non-discretionary statutory Washington, DC 20460, Telephone: or burden they believe are material to requirement. Section 6(a)(2) of the (703) 308-2964, e-mail: this reporting rulemaking. Comments Federal Insecticide, Fungicide, and [email protected]. that provide detail on how registrants Rodenticide Act (FIFRA) requires To obtain a copy of the material are currently complying or would have pesticide registrants to submit referenced in this notice (i.e., the to comply with reporting requirements information to the Agency that they Supporting Statement and attachments together with an accompanying acquire which may be relevant to the that make up ICR 1204.04), you may identification and explanation of the balancing of the risks and benefits of a visit the OPP Public Response Section at costs (and/or other burdens) associated pesticide product. In CSMA and NACA the address provided above, using with each facet of compliance would be v. EPA 484 F. Supp. 513 (1980), the docket number OPP-60010E to obtain particularly helpful. District Court of the District of Columbia the information you need, or you can (1) The nature of the training (and the agreed with EPA that FIFRA section request a copy of the material by calling costs associated with it) that registrants 6(a)(2) covers all information relevant to or e-mailing a request to Jim Roelofs. would be obligated to undertake under EPA’s determination of whether a SUPPLEMENTARY INFORMATION: the terms of the proposed or draft final pesticide may cause unreasonable Electronic Availability: Electronic rule; how that training differs from the adverse effects. The Court agreed that copies of the ICR and any accompanying training (and the costs associated with submissible information includes the material are available from the EPA it) that registrants are currently required same type of information as that Public Access gopher (gopher.epa.gov) to undertake in order to comply with provided by a registrant as part of an at the Environmental Sub-Set entry for the existing reporting requirements application for registration. The Court this document under ‘‘Rules and under section 6(a)(2); and whether and specifically rejected the argument that Regulations.’’ how any particular change in the the responsibility for determining what proposed or draft final rule would affect constitutes an unreasonable adverse I. Request for Comments the nature of the training or the costs effect shifts to industry once EPA has The Agency is reopening the associated with it. granted a registration. rulemaking record today in order to (2) The costs and burdens associated As such, the statute requires the solicit additional comment on the sole with reporting incidents under current registrant to submit any factual issue of the costs or burdens associated reporting requirements; any changes in information that it acquires regarding with the proposed rule and the latest those costs and burdens associated with adverse effects associated with its draft of the final rule [a copy of which reporting pursuant to the provisions of pesticidal products, and it is up to the is attached as an appendix to the ICR]. the proposed rule; and any changes in Agency to determine whether or not that In this regard, the Agency notes that it those costs and burdens associated with factual information constitutes an is not soliciting comments on the reporting pursuant to the draft final unreasonable adverse effect. In order to perceived value to the Agency of the rule. The Agency would be particularly limit the amount of less meaningful information identified in the proposed interested in comments on how the information that might be submitted to rule and draft final rule, nor is it threshold for reporting incidents, the the Agency, EPA has limited the scope soliciting comments on the legality of summarization of incidents, and/or the of factual information that the registrant either rule. The Agency received a proposal to require the reporting of all must submit. The draft final rule would number of such comments during the incidents (rather than series of serve to limit this scope even further by original rulemaking comment period, incidents) affect the costs and burdens providing a more detailed description of and does not believe the changes from that would have to be borne by the reporting obligations of registrants the proposal to the draft final rule raise registrants in complying with these under FIFRA section 6(a)(2). any new issues related to the legality of reporting requirements, as compared to As further defined by the final rule the rule or the utility of the information current practices. implementing the FIFRA section 6(a)(2) which would warrant a reopening of the (3) The costs and burdens associated requirements, registrants are required to comment period for those issues. If any with reporting efficacy failure studies report on: (1) Studies showing new or 41766 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules more severe toxicological responses reregistration under section 4 (which are hours associated with annual rule than previously reported of any type in approved by OMB under separate ICR familiarization, with an average burden any strain of test organism; (2) approvals), or in the normal course of of 10.46 hours per registrant (23,003 ÷ epidemiological or exposure studies of business, such as following up on 2,200 registrants). human population groups; (3) studies or consumer complaints to gather more EPA has eliminated any incidents tending to show lack of information. Regardless of how the recordkeeping requirements associated efficacy of certain pesticide products information comes into the possession with the submittal of section 6(a)(2) with public-health related uses; (4) of the registrant, once the registrant information and any burdens associated incidents involving toxic or adverse acquires information subject to with maintaining registration related effects to non-target organisms; (5) submission under section 6(a)(2), as data or information covered by another information on excess residues on food defined by the final rule, the registrant ICR. However, a registrant may be or feed, or residues in surface water, must submit it to EPA. required to keep information related to ground water, or drinking water; (6) Burden statement: EPA estimates that a partial submission, so that when information on metabolites, degradates, the first year burdens associated with information completing the submittal is contaminants or impurities which may becoming familiar with the changes to sent to EPA the registrant provides an be of toxicological concern; (7) the requirements total 38,265 burden appropriate cross reference to the information showing that a product fails hours, with an average of 17.39 burden original submission. EPA estimates that to perform as claimed or that pests have hours per registrant (38,265 ÷ 2,200). this need to cross reference a partial developed resistance to the product; and Calculated by taking an estimated total submission may occur a total of 10 or (8) other information which may be annual burden of 660 hours for 15 times each year, with an estimated relevant to risk/benefit determinations registrants to determine who needs to annual burden of 0.5 hour per of any type. know the new requirements (0.3 hour occurrence, for a total annual burden of Respondents must (1) Read the final per registrant x 2,200 registrants) and an 7.5 hours overall, or an average burden rule or instructions, (2) plan activities to estimated total of 37,605 hours for of 0.0034 hour per registrant (7.5 ÷ ensure required information is registrants to learn the new 2,200). identified and submitted, (3) process, requirements (2.5 hours x 15,042 people In order to determine an estimated per compile, and review information for expected to need instructions). registrant burden, as requested by OMB, accuracy and appropriateness, (4) Another initial first year burden is EPA has estimated that each registrant complete written instruments to related to the requirements in 40 CFR is likely to submit an average number of effectuate a submission, and (5) submit 159.159, which requires registrants to 4.07 submissions each year (annual the information to EPA. In addition, as check their files for certain reportable submissions expected (8,960) ÷ total a part of the initial implementation for information that they may already have number of registrants (2,200)). At a total the final rule, the registrant must but have not sent in earlier, either annual burden of 6.4 hours per conduct a ‘‘screening’’ or ‘‘initial because it was not required or because submission, the annual total burden per review’’ of their existing records. The of an error. The burden associated with registrant for submissions could be purpose of this initial exercise is to this ‘‘audit’’ depends upon whether the 26.05 hours. This burden must be added identify specific information that is Registrant has such reportable to the other burdens related to this within the registrant’s possession which information (which is actually a subset rulemaking to bring the total annual per has not already been submitted to EPA, of that information which is reportable) registrant burden associated with the but which meets the criteria under the and then whether or not he or she rule to 36.3534 hours for the first year final rule for submission under FIFRA prepares an inventory of the information (26.05 for submissions + 10.3 for initial section 6(a)(2). he or she has, or simply submits copies burdens + .0034 for follow-up), and Since section 6(a)(2) requires the of the information. In any case, the 27.7534 hours for subsequent years submission of certain information when Agency estimates that this initial audit (26.05 for submissions + 1.7 for training it is acquired by a registrant, any is likely to result in an estimated + .0034 for follow-up). information meeting the criteria for average burden of 5 hours for each As for the total estimated burdens for submission under section 6(a)(2) which registrant to review its records, 2 hours the ICR, EPA estimates the first year happens to be in the possession of the for submissions to be prepared, and 0.5 total burden is 74,996.48 hours, which registrant upon the effective date of the hour for the actual submissions, for a is expected to decrease in subsequent final rule, and which has not already total estimated first year burden of 7.5 years to an annual estimated burden of been submitted to EPA, would need to hours per registrant, with a total first 43,234.48 hours. be submitted to EPA immediately. The year burden of 16,500 hours (7.5 x 2,200 Agency recognizes that some of this registrants). List of Subjects in Part 153 and 159 information may be out dated and has, After the initial implementation of Environmental protection, therefore, limited the type of these amended requirements, EPA Information collection requests, information that should be apart of this estimates that the total annual burden Pesticides and pests, Reporting and initial ‘‘screening.’’ for registrants to determine who needs recordkeeping requirements. Under FIFRA section 6(a)(2), as to know the requirements will decrease implemented by the final rule, pesticide to 440 hours (0.2 hour per registrant x Date: August 1, 1996. registrants have absolutely no obligation 2,200 registrants) and the estimated total Lynn R. Goldman, to create or seek out this information. for reading the instructions will Assistant Administrator for Prevention, Such activities may be conducted by the decrease to 22,563 hours (1.5 hour per Pesticides and Toxic Substances. registrant in support of pesticide person x 15,042 people), for a total [FR Doc. 96–20459 Filed 8–9–96; 8:45 am] registration under FIFRA section 3, or estimated annual burden of 23,003 BILLING CODE 6560±50±F 41767

Notices Federal Register Vol. 61, No. 156

Monday, August 12, 1996

This section of the FEDERAL REGISTER be completed and submitted to the (7 CFR 1948, subpart C) was published contains documents other than rules or Administrator at the above address not in the Federal Register on January 18, proposed rules that are applicable to the later than October 11, 1996. 1995, at 60 FR 3566. The public public. Notices of hearings and investigations, Nominations are open to all reporting burden for information committee meetings, agency decisions and individuals without regard to race, collection associated with that proposed rulings, delegations of authority, filing of petitions and applications and agency color, religion, sex, national origin, age, rule was approved by the Office of statements of organization and functions are mental or physical handicap, or marital Management and Budget (OMB) under examples of documents appearing in this status. OMB No. 0575–0130. After considering section. The final selection of Advisory the public comments on the proposed Committee members and alternates will rule, the Agency now proposes to be made by the Secretary. include some additional changes in the DEPARTMENT OF AGRICULTURE Dated: August 6, 1996. final rule that will impact on the public James R. Baker, reporting burden. Accordingly, the Grain Inspection, Packers and Agency will seek OMB approval for a Administrator. Stockyards Administration revision in the public reporting burden [FR Doc. 96–20449 Filed 8–9–96; 8:45 am] for information collection associated Invitation to Serve on Grain Inspection BILLING CODE 3410±EN±P with the IRP regulations. Advisory Committee The objective of the IRP is to improve community facilities and employment Under authority of section 20 of the Rural Business-Cooperative Service United States Grain Standards Act (Act), opportunities and increase economic the Secretary of Agriculture established Notice of Request for Revision of a activity in rural areas by financing the Federal Grain Inspection Service Currently Approved Information business facilities and community (FGIS) Advisory Committee (Advisory Collection development. This purpose is achieved Committee) on September 29, 1981, to through loans made by RBS to provide advice to the Administrator on AGENCY: Rural Business-Cooperative intermediaries that establish programs implementation of the Act. Section 14 of Service, USDA. for the purpose of providing loans to the United States Grain Standards Act ACTION: Proposed collection; Comments ultimate recipients for business facilities Amendments of 1993, Public Law 103– request. and community development. The 156, extended the authority for the regulations contain various Advisory Committee through the year SUMMARY: The Rural Business- requirements for information from the 2000. Cooperative Service (RBS) is the intermediaries and some requirements The Advisory Committee presently successor to the Rural Business and may cause the intermediary to require consists of 15 members, appointed by Cooperative Development Service information from ultimate recipients. the Secretary, who represent the (RBCDS), which was a successor to the The information requested is vital for interests of grain producers, processors, Rural Development Administration RBS to be able to process applications handlers, merchandisers, consumers, (RDA), which was a successor to the in a responsible manner, make prudent and exporters, including scientists with Farmers Home Administration (FmHA). credit and program decisions, and expertise in research related to the In accordance with the Paperwork effectively monitor the intermediaries’ policies in section 2 of the Act. Reduction Act of 1995, this notice activities to protect the Government’s Members of the Committee serve announces RBS’ intention to request an financial interest and ensure that funds without compensation. They are extension of a currently approved obtained from the Government are used reimbursed for travel expenses, information collection in support of the appropriately. It includes information to including per diem in lieu of Intermediary Relending Program (IRP). identify the intermediary, describe the subsistence, for travel away from their DATES: Comments on this notice must be intermediary’s experience and expertise, homes or regular places of business in received by October 11, 1996. describe how the intermediary will performance of Committee service, as FOR FURTHER INFORMATION CONTACT: M. operate its revolving loan fund, provide authorized under section 5703 of title 5, Wayne Stansbery, Loan Specialist, Rural for debt instruments, loan agreements, United States Code. Alternatively, travel Business-Cooperative Service, USDA, and security, and other material expenses may be paid by Committee Ag. Box 1521, Washington, DC 20250, necessary for prudent credit decisions members. Telephone: (202) 720–6819. and reasonable program monitoring. Nominations are being sought for The changes being proposed include persons to serve on the Advisory SUPPLEMENTARY INFORMATION: providing operating plans for revolving Committee to replace the five members Title: RBS/Intermediary Relending lines of credit. Revolving lines of credit and five alternate members whose terms Program. are currently not allowed, but expire in December 1996. OMB Number: 0575–0130. consideration is being given to Persons interested in serving on the Expiration Date of Approval: January authorizing such loans if certain Advisory Committee, or in nominating 1997. conditions, including having sound individuals to serve, should contact: Type of Request: Revision of a operating plans and procedures, are James R. Baker, Administrator, GIPSA, currently approved information met. Another proposed change requires Room 1094–S, P.O. Box 96454, collection. additional details in the work plan Washington, DC 20090–6454, in writing Abstract: A proposed rule for a regarding goals, strategies, anticipated and request Form AD–755, which must complete revision of the IRP regulations outcomes, and technical assistance. The 41768 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices increase in burden is offset by DEPARTMENT OF COMMERCE Zones Board (the Board) is authorized to eliminating the requirement for specific grant to qualified corporations the collateral assignments and by providing Foreign-Trade Zones Board privilege of establishing foreign-trade a new shorter form for supplemental [Order No. 834] zones in or adjacent to U.S. Customs loan agreements to be used with ports of entry; subsequent loans. The net effect of the Approval of Manufacturing Activity Whereas, the Board’s regulations (15 changes will be to reduce the total Within Foreign-Trade Zone 83; Onan CFR Part 400) provide for the paperwork and record keeping burden Engine Company, Inc. (Small Internal establishment of special-purpose slightly. Combustion Engines) Huntsville, AL subzones when existing zone facilities cannot serve the specific use involved; Estimate of Burden: Public reporting Pursuant to its authority under the Whereas, an application from the burden for this collection of information Foreign-Trade Zones Act of June 18, Cleveland-Cuyahoga County Port is estimated to average 3.72 hours per 1934, as amended (19 U.S.C. 81a-81u), Authority, grantee of Foreign-Trade response. the Foreign-Trade Zones Board (the Zone 40, for authority to establish Respondents: Non-profit corporations, Board) adopts the following Order: special-purpose subzone status at the Whereas, an application from the public agencies, and cooperatives. vertical and horizontal turning and Huntsville-Madison County Airport grinding machinery manufacturing Estimated number of Respondents: Authority, grantee of FTZ 83, filed with plant of the Motch Corporation in 160. the Foreign-Trade Zones (FTZ) Board Euclid, Ohio, was filed by the Board on Estimated number of responses per (the Board) on November 13, 1995, August 11, 1995, and notice inviting respondent: 30.35. requesting authority on behalf of the public comment was given in the Onan Engine Company, Inc., to Estimated total annual burden on Federal Register (FTZ Docket 43–95, 60 manufacture small internal combustion respondents: 16,930 hours. FR 43760, 8–23–95); and, engines under zone procedures within Whereas, the Board adopts the Copies of this information collection FTZ 83, Huntsville, Alabama (FTZ findings and recommendations of the can be obtained from Sam Spencer, Docket 74–95, 60 FR 58596, 11–28–95); examiner’s report, and finds that the Rural Business Team Information Whereas, the Board adopts the requirements of the FTZ Act and collection Coordinator, at (202) 720– findings and recommendation of the Board’s regulations are satisfied, and 9588. Examiner’s report, and finds that the that approval of the application is in the Comments: Comments are invited on: requirements of FTZ Act and the public interest; Board’s regulations are satisfied and that (a) Whether the proposed collection of Now, therefore, the Board hereby the proposal is in the public interest; information is necessary for the proper authorizes the establishment of a and, performance of the functions of the subzone (Subzone 40H) at the Motch Now, therefore, the Board hereby Corporation plant in Euclid, Ohio, at the Agency, including whether the approves the request, subject to the FTZ information will have practical utility; location described in the application, Act and the Board’s regulations, subject to the FTZ Act and the Board’s (b) the accuracy of the agency’s estimate including § 400.28. of the burden of the proposed collection regulations, including § 400.28. As Signed at Washington, DC, this 31st day of of information including the validity of indicated in the application, the scope July 1996. of manufacturing authority is limited to the methodology and assumptions used; Robert S. LaRussa, vertical and front turning centers, (c) ways to enhance the quality, utility, Acting Assistant Secretary of Commerce for vertical numerical chuckers, horizontal and clarity of the information to be Import Administration, Alternate Chairman, self loaders, and vertical and universal collected; and (d) ways to minimize the Foreign-Trade Zones Board. grinders. burden of the collection of information Attest: on those who respond, including Signed at Washington, DC, this 1st day of August 1996. through the use of appropriate Dennis Puccinelli, automated, electronic, mechanical, or Acting Executive Secretary. Robert S. LaRussa, other technological collection [FR Doc. 96–20504 Filed 8–09–96; 8:45 am] Acting Assistant Secretary of Commerce for BILLING CODE 3510±DS±P Import Administration, Alternate Chairman, techniques or other forms of information Foreign-Trade Zones Board. technology. Comments may be sent to Attest: Sam Spencer, Rural Business Team [Order No. 841] Information Collection Coordinator, Dennis Puccinelli, Regulations and Paperwork Grant of Authority for Subzone Status Acting Executive Secretary. Management Division, U. S. Department Motch Corporation (Turning and [FR Doc. 96–20505 Filed 8–9–96; 8:45 am] of Agriculture, Rural Development, Grinding Machinery); Euclid, OH BILLING CODE 3510±DS±P STOP 0743, Washington, DC 20250. All Pursuant to its authority under the responses to this notice will be Foreign-Trade Zones Act of June 18, International Trade Administration summarized and included in the request 1934, as amended (19 U.S.C. 81a–81u), for OMB approval. All comments will the Foreign-Trade Zones Board (the Antidumping or Countervailing Duty become a matter of public record. Board) adopts the following Order: Order, Finding, or Suspended Dated: August 5, 1996. Whereas, by an Act of Congress Investigation; Opportunity to Request approved June 18, 1934, an Act ‘‘To Dayton J. Watkins, Administrative Review provide for the establishment * * * of Administrator, Rural Business-Cooperative foreign-trade zones in ports of entry of AGENCY: Import Administration, Service. the United States, to expedite and International Trade Administration, [FR Doc. 96–20410 Filed 8–9–96; 8:45 am] encourage foreign commerce, and for Department of Commerce. BILLING CODE 3410±07±U other purposes,’’ as amended (19 U.S.C. ACTION: Notice of Opportunity to 81a–81u) (the Act), the Foreign-Trade Request Administrative Review of Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41769

Antidumping or Countervailing Duty investigation, an interested party, as countervailing duty order, finding, or Order, Finding, or Suspended defined in section 771(9) of the Tariff suspended investigation. Investigation. Act of 1930, as amended, may request, Opportunity To Request a Review: Not in accordance with section 353.22 or later than AUGUST 31, 1996, interested Background 355.22 of the Department of Commerce parties may request administrative Each year during the anniversary (the Department) Regulations (19 CFR review of the following orders, findings, month of the publication of an 353.22/355.22 (1993)), that the or suspended investigations, with antidumping or countervailing duty Department conduct an administrative anniversary dates in AUGUST for the order, finding, or suspension of review of that antidumping or following periods:

Antidumping Proceeding Period

Argentina: Oil Country Tubular Goods A±357±810ÐOther Than Drill Pipe ...... 2/2/95±7/31/96 Drill Pipe ...... 8/11/95±7/31/96 Argentina: Seamless Pipe A±357±809 ...... 1/27/95±7/31/96 Australia: Corrosion-Resistant Carbon A±602±803ÐSteel Flat Products ...... 8/1/95±7/31/96 Belgium: Cut-to-Length Carbon Steel Plate A±423±805 ...... 8/1/95±7/31/96 Belgium: Phosphoric Acid A±423±602 ...... 8/1/95±7/31/96 Brazil: Cut-to-Length Carbon Steel Plate A±351±817 ...... 8/1/95±7/31/96 Brazil: Seamless Pipe A±351±826 ...... 1/27/95±7/31/96 Canada: Corrosion-Resistant Carbon Steel A±122±822ÐFlat Products ...... 8/1/95±7/31/96 Canada: Cut-to-Length Carbon Steel Plate A±122±823 ...... 8/1/95±7/31/96 Canada: Magnesium A±122±814 ...... 8/1/95±7/31/96 Finland: Cut-to-Length Carbon Steel Plate A±405±802 ...... 8/1/95±7/31/96 France: Corrosion-Resistant Carbon A±427±808ÐSteel Flat Products ...... 8/1/95±7/31/96 France: Industrial Nitrocellulose A±427±009 ...... 8/1/95±7/31/96 Germany: Cold-Rolled Carbon Steel Flat Products A±428±814 ...... 8/1/95±7/31/96 Germany: Corrosion-Resistant Carbon Steel Flat Products A±428±815 ...... 8/1/95±7/31/96 Germany: Cut-to-Length Carbon Steel Plate A±428±816 ...... 8/1/95±7/31/96 Germany: Seamless Pipe A±428±820 ...... 1/27/95±7/31/96 Israel: Phosphoric Acid A±508±604 ...... 8/1/95±7/31/96 Italy: Grain-Oriented Electrical Steel A±475±811 ...... 8/1/95±7/31/96 Italy: Oil Country Tubular Goods A±475±816ÐOther Than Drill Pipe ...... 2/2/95±7/31/96 Italy: PTFE Resin A±475±703 ...... 8/1/95±7/31/96 Italy: Seamless Pipe A±475±814 ...... 1/27/95±7/31/96 Italy: Tapered Roller Bearings A±475±603 ...... 8/1/95±7/31/96 Japan: Acrylic Sheet A±588±055 ...... 8/1/95±7/31/96 Japan: Brass Sheet & Strip A±588±704 ...... 8/1/95±7/31/96 Japan: Corrosion-Resistant Carbon Steel Flat Products A±588±824 ...... 8/1/95±7/31/96 Japan: Oil Country Tubular Goods A±588±835ÐOther Than Drill Pipe ...... 2/2/95±7/31/96 Drill Pipe ...... 8/11/95±7/31/96 Japan: PTFE Resin A±588±707 ...... 8/1/95±7/31/96 Japan: Tapered Roller Bearings 4 Inches and Under A±588±054 ...... 8/1/95±7/31/96 Kazakhstan: Titanium Sponge A±834±803 ...... 8/1/95±7/31/96 41770 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Antidumping Proceeding Period

Mexico: Cement A±201±802 ...... 8/1/95±7/31/96 Mexico: Cut-to-Length Carbon Steel Plate A±201±809 ...... 8/1/95±7/31/96 Mexico: Oil Country Tubular Goods A±201±817ÐOther Than Drill Pipe ...... 2/2/95±7/31/96 Drill Pipe ...... 8/11/95±7/31/96 Poland: Cut-to-Length Carbon Steel Plate A±455±802 ...... 8/1/95±7/31/96 Romania: Cut-to-Length Carbon Steel Plate A±485±803 ...... 8/1/95±7/31/96 Russia: Titanium Sponge A±821±803 ...... 8/1/95±7/31/96 South Korea: Cold-Rolled Carbon Steel Flat Products A±580±815 ...... 8/1/95±7/31/96 South Korea: Corrosion-Resistant Carbon A±580±816ÐSteel Flat Products ...... 8/1/95±7/31/96 South Korea: Oil Country Tubular Goods Other Than Drill Pipe A±580±825 ...... 2/2/95±7/31/96 Spain: Cut-to-Length Carbon Steel Plate A±469±803 ...... 8/1/95±7/31/96 Sweden: Cut-to-Length Carbon Steel Plate A±401±805 ...... 8/1/95±7/31/96 Thailand: Malleable Pipe Fittings A±549±601 ...... 8/1/95±7/31/96 The Netherlands: Brass Sheet & Strip A±421±701 ...... 8/1/95±7/31/96 The Netherlands: Cold-Rolled Carbon Steel Flat Products A±421±804 ...... 8/1/95±7/31/96 The People's Republic of China: Petroleum Wax Candles A±570±504 ...... 8/1/95±7/31/96 The People's Republic of China: Sulfanilic Acid A±570±815 ...... 8/1/95±7/31/96 The Ukraine: Titanium Sponge A±823±803 ...... 8/1/95±7/31/96 The Ukraine: Uranium A±823±802 ...... 8/1/95±7/31/96 The United Kingdom: Cut-to-Length Carbon Steel Plate A±412±814 ...... 8/1/95±7/31/96 Turkey: Aspirin A±489±602 ...... 8/1/95±7/31/96 Suspension Agreements Japan: Color Negative Photographic Paper A±588±832 ...... 8/1/95±7/31/96 Japan: EPROMs A±588±504 ...... 8/1/95±7/31/96 Countervailing Duties Belgium: Cut-to-Length Carbon Steel Plate C±423±806 ...... 1/1/95±12/31/95 Brazil: Cut-to-Length Carbon Steel Plate C±351±818 ...... 1/1/95±12/31/95 Canada: Live Swine C±122±404 ...... 4/1/95±3/31/96 Canada: Pure Magnesium C±122±815 ...... 1/1/95±12/31/95 Canada: Alloy Magnesium C±122±815 ...... 1/1/95±12/31/95 France: Corrosion-Resistant Carbon Steel C±427±810 ...... 1/1/95±12/31/95 Germany: Cold-Rolled Carbon Steel Flat Products C±428±817 ...... 1/1/95±12/31/95 Germany: Corrosion-Resistant Carbon Steel C±428±817 ...... 1/1/95±12/31/95 Germany: Cut-to-Length Carbon Steel Plate C±428±817 ...... 1/1/95±12/31/95 Israel: Industrial Phosphoric Acid C±508±605 ...... 1/1/95±12/31/95 Italy: Seamless Pipe C±475±815 ...... 11/28/94±12/31/95 Italy: OCTG C±475±817 ...... 12/2/94±12/31/95 Korea: Cold-Rolled Carbon Steel Flat Products C±580±818 ...... 1/1/95±12/31/95 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41771

Antidumping Proceeding Period

Korea: Corrosion-Resistant Carbon Steel Plate C±580±818 ...... 1/1/95±12/31/95 Malaysia: Extruded Rubber Thread C±557±806 ...... 1/1/95±12/31/95 Mexico: Cut-to-Length Carbon Steel Plate C±201±810 ...... 1/1/95±12/31/95 Spain: Cut-to-Length Carbon Steel Plate C±469±804 ...... 1/1/95±12/31/95 Sweden: Cut-to-Length Carbon Steel Plate C±401±804 ...... 1/1/95±12/31/95 The United Kingdom: Cut-to-Length Carbon Steel Plate C±412±815 ...... 1/1/95±12/31/95

In accordance with sections 353.22(a) of Antidumping (Countervailing) Duty EFFECTIVE DATE: August 12, 1996. and 355.22(a) of the regulations, an Administrative Review,’’ for requests FOR FURTHER INFORMATION CONTACT: Paul interested party as defined by section received by August 31, 1996. If the M. Stolz, Import Administration, 353.2(k) may request in writing that the Department does not receive, by August International Trade Administration, Secretary conduct an administrative 31, 1996, a request for review of entries U.S. Department of Commerce, 14th review. The Department has changed its covered by an order or finding listed in Street and Constitution Avenue, NW., requirements for requesting reviews for this notice and for the period identified Washington, DC 20230, telephone: (202) countervailing duty orders. Pursuant to above, the Department will instruct the 482–4474. 19 CFR 355.22(a) of the Department’s Customs Service to assess antidumping Interim Regulations (60 FR 25137 (May or countervailing duties on those entries SUPPLEMENTARY INFORMATION: 11, 1995)), an interested party must at a rate equal to the cash deposit of (or Background specify the individual producers or bond for) estimated antidumping or exporters covered by the order for countervailing duties required on those On June 3, 1996, New Zealand which they are requesting a review. entries at the time of entry, or Kiwifruit Marketing Board, an interested Therefore, for both antidumping and withdrawal from warehouse, for party, requested an administrative countervailing duty reviews, the consumption and to continue to collect review of the antidumping duty order interested party must specify for which the cash deposit previously ordered. on Fresh Kiwifruit from New Zealand individual producers or exporters This notice is not required by statute, for the period June 1, 1995 through May covered by an antidumping finding or but is published as a service to the 31, 1996, pursuant to 751(a)(1)(B) of the an antidumping or countervailing duty international trading community. Tariff Act of 1930 as amended by the order it is requesting a review, and the Dated: August 7, 1996. Uruguay Round Agreements Act. On requesting party must state why it Joseph A. Spetrini, June 25, 1996, the Department desires the Secretary to review those Deputy Assistant Secretary for Enforcement published in the Federal Register (61 particular producers or exporters. If the Group III. FR 32771) the notice of initiation of that interested party intends for the [FR Doc. 96–20508 Filed 8–9–96; 8:45 am] administrative review. New Zealand Secretary to review sales of merchandise BILLING CODE 3510±DS±M Kiwifruit Marketing Board withdrew its by an exporter (or a producer if that request for review on July 3, 1996, producer also exports merchandise from pursuant to 19 CFR 353.22(a)(5). There other suppliers) which were produced [A±614±801] were no other requests for this review. in more than one country of origin, and As a result, the Department is each country of origin is subject to a Fresh Kiwifruit From New Zealand: terminating this review. separate order, then the interested party Termination of Antidumping Duty This notice is published in must state specifically, on an order-by- Administrative Review accordance with section 353.22(a)(5) of order basis, which exporter(s) the AGENCY: Import Administration, the Department’s regulations (19 CFR request is intended to cover. International Trade Administration, 353.22.(a)(5)). Seven copies of the request should be Department of Commerce. Dated: July 29, 1996. submitted to the Assistant Secretary for ACTION: Notice of Termination of Jeffrey P. Bialos, Import Administration, International Antidumping Duty Administrative Trade Administration, Room B–099, Review. Principal Deputy Assistant Secretary for U.S. Department of Commerce, 14th Import Administration. Street & Constitution Avenue, N.W., SUMMARY: On June 25, 1996, the [FR Doc. 96–20501 Filed 8–9–96; 8:45 am] Washington, D.C. 20230. The Department of Commerce (the BILLING CODE 3510±DS±P Department also asks parties to serve a Department) published in the Federal copy of their requests to Import Register (61 FR 32771) the notice of Administration, Attention: Sheila initiation of the administrative review of [A±122±814] Forbes, in room 3065 of the main the antidumping duty order on Fresh Commerce Building. Further, in Kiwifruit from New Zealand. We are Pure Magnesium From Canada; Final accordance with section 353.31(g) or terminating this review as a result of the Results of Antidumping Duty 355.31(g) of the regulations, a copy of timely withdrawal by New Zealand Administrative Review each request must be served on every Kiwifruit Marketing Board, of its request party on the Department’s service list. for the review. New Zealand Kiwifruit AGENCY: Import Administration, The Department will publish in the Marketing Board was the only interested International Trade Administration, Federal Register a notice of ‘‘Initiation party that requested this review. Department of Commerce. 41772 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

ACTION: Notice of Final Results of magnesium contains at least 99.8 expense amounts that NHCI reported in Antidumping Duty Administrative percent magnesium by weight and is Canadian dollars. Review. sold in various slab and ingot forms and Final Results of the Review sizes. Granular and secondary SUMMARY: On June 10, 1996, the magnesium are excluded from the scope As a result of this review, we Department of Commerce (the currently classified under subheading determine that the following weighted- Department) published the preliminary 8104.11.0000 of the Harmonized Tariff average dumping margin exists: results of administrative review of the Schedule (HTS). The HTS item numbers antidumping duty order on pure are provided for convenience and for Manufacturer/ Margin magnesium from Canada (61 FR 29343). Customs purposes. The written Period (per- exporter cent) The review covers one manufacturer/ description remains dispositive. exporter of the subject merchandise to The review covers one Canadian Norsk Hydro the United States for the period August manufacturer/exporter, Norsk Hydro Canada, Inc 8/1/94±7/31/95 0.00 1, 1994 through July 31, 1995. We gave Canada Inc. (NHCI), and the period interested parties an opportunity to August 1, 1994 through July 31, 1995. The Department shall determine, and comment on our preliminary results. Analysis of Comments Received Customs shall assess, antidumping Based on our analysis of the comments duties on all appropriate entries. The We gave interested parties an and rebuttal comments received, we Department will issue appraisement opportunity to comment on the have corrected certain clerical errors in instructions directly to Customs. preliminary results. We received a case the margin calculations. The final Furthermore, the following deposit brief from the petitioner, Magnesium weighted-average dumping margin for requirements will be effective for all Corporation of America (Magcorp), and the reviewed firm is listed below in the shipments of the subject merchandise we received a case brief and rebuttal section entitled ‘‘Final Results of the entered, or withdrawn from warehouse, brief from the respondent, NHCI. Review.’’ for consumption on or after the EFFECTIVE DATE: August 12, 1996. Comment 1: NHCI argues that the Department’s methodology in deducting publication date of these final results of FOR FURTHER INFORMATION CONTACT: from NHCI’s gross unit price the this administrative review, as provided Michael Rausher or Richard Rimlinger, amounts reported for antidumping and by section 751(a)(1) of the Act: (1) The Import Administration, International countervailing duty cash deposits is cash deposit rate for NHCI will be the Trade Administration, U.S. Department contrary to the antidumping statute and rate established above; (2) for of Commerce, 14th Street and the Department’s consistent practice merchandise exported by manufacturers Constitution Avenue, N.W., which has been upheld by the Court of or exporters not covered in this review Washington, D.C. 20230, telephone: International Trade. Respondent claims but covered in the original less than fair (202) 482–4733. that only ordinary ad valorem import value (LTFV) investigation or a previous review, the cash deposit will continue SUPPLEMENTARY INFORMATION: duties, not antidumping and countervailing duty cash deposits, to be the most recent rate published in The Applicable Statute should be deducted from the gross unit the final determination or final results Unless otherwise indicated, all price in calculating export price and for which the manufacturer or exporter citations to the Tariff Act of 1930, as requests that the Department amend its received a company-specific rate; (3) if amended (the Act), are references to the calculations accordingly. the exporter is not a firm covered in this provisions effective January 1, 1995, the Department’s Position: We agree with review, or the original investigation, but effective date of the amendments made NHCI that we incorrectly deducted the manufacturer is, the cash deposit to the Act by the Uruguay Round antidumping and countervailing duty rate will be that established for the Agreements Act (URAA). In addition, cash deposits from the gross unit price manufacturer of the merchandise in unless otherwise indicated, all citations of the U.S. transactions. For these final these final results of review or the LTFV to the Department’s regulations are to results, we have deducted only import investigation; and (4) if neither the the current regulations, as amended by duties from the gross unit price. exporter nor the manufacturer is a firm the interim regulations published in the Comment 2: Magcorp claims that the covered in this or any previous review, Federal Register on May 11, 1995 (60 Department appears to have made a the cash deposit rate will be 21 percent, FR 25130). clerical error in the margin calculations the ‘‘all others’’ rate established in Pure with respect to currency conversion. Magnesium From Canada: Amendment Background Petitioner argues that a currency of Final Determination of Sales At Less On June 10, 1996, the Department conversion is not necessary in the Than Fair Value and Order in published the preliminary results of calculation of home market price, Accordance With Decision on Remand, administrative review of the because there are several instances in 58 FR 62643, November 29, 1993. antidumping duty order on pure the respondent’s questionnaire response These deposit requirements shall magnesium from Canada (61 FR 29343). which indicate that a currency remain in effect until publication of the We gave interested parties an conversion is not necessary in order to final results of the next administrative opportunity to comment on the calculate the dumping margin. review. preliminary results. There was no Therefore, petitioner requests that the This notice also serves as final request for a hearing. The Department Department correct its calculations for reminder to importers of their has now conducted this review in the final results of review. responsibility to file a certificate accordance with section 751 of the NHCI agrees with Magcorp that the regarding the reimbursement of Tariff Act of 1930, as amended (the Department’s margin calculations antidumping duties prior to liquidation Tariff Act). contain a currency conversion clerical of the relevant entries during this error. review period. Failure to comply with Scope of the Review Department’s Position: For these final this requirement could result in the The product covered by this review is results, we converted into U.S. dollars Secretary’s presumption that pure magnesium. Pure unwrought only those home market price and reimbursement of antidumping duties Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41773 occurred and the subsequent assessment 28176, June 4, 1996. Order Date: Statutory Import Programs Staff, U.S. of double antidumping duties. October 4, 1995. Department of Commerce, Washington, This notice also serves as the only Docket Number: 96–041. Applicant: D.C. 20230. Applications may be reminder to parties subject to Medical College of Georgia, Augusta, examined between 8:30 A.M. and 5:00 administrative protective order (APO) of GA 30912. Instrument: Electron P.M. in Room 4211, U.S. Department of their responsibility concerning the Microscope, Model JEM–1010. Commerce, 14th Street and Constitution return or destruction of proprietary Manufacturer: JEOL Ltd., Japan. Avenue, N.W., Washington, D.C. information disclosed under APO in Intended Use: See notice at 61 FR Docket Number: 96–071. Applicant: accordance with 19 CFR 353.34(d). 28177, June 4, 1996. Order Date: University of California, Los Alamos Failure to comply is a violation of the February 9, 1996. National Laboratory, P.O. Box 990, Los APO. Docket Number: 96–047. Applicant: Alamos, NM 87545. Instrument: ICP This administrative review and notice University of Wisconsin-Madison, Mass Spectrometer, Model PlasmaQuad. are in accordance with section 751(a)(1) Madison, WI 53706. Instrument: Manufacturer: Fisons Instruments, of the Act (19 U.S.C. 1675(a)(1)) and 19 Electron Microscope, Model EM 912 United Kingdom. Intended Use: The CFR 353.22. Omega. Manufacturer: LEO Electron instrument will be used to study the Microscopy, Germany. Intended Use: transport of ultra low level Dated: August 2, 1996. See notice at 61 FR 28175, June 4, 1996. contaminants in the environment, and Robert S. LaRussa, Order Date: February 27, 1996. trace composition of high purity Acting Assistant Secretary for Import Docket Number: 96–053. Applicant: materials, soils, waters, aerosols in air Administration. Wayne State University, Detroit, MI and biological tissues. Application [FR Doc. 96–20500 Filed 8–09–96; 8:45 am] 48201. Instrument: Electron Microscope, accepted by Commissioner of Customs: BILLING CODE 3510±DS±P Model JEM–1010. Manufacturer: JEOL July 5, 1996. Ltd., Japan. Intended Use: See notice at Docket Number: 96–072. Applicant: 61 FR 30220, June 14, 1996. Application Penn State University, 118 Research Belmont University, et al.; Notice of accepted by Commissioner of Customs: Building West, University Park, PA Consolidated Decision on Applications May 14, 1996. 16802. Instrument: Nano Indentor for Duty-Free Entry of Electron Comments: None received. Decision: System, Model UMIS 2001. Microscopes Approved. No instrument of equivalent Manufacturer: CISRO, Australia. scientific value to the foreign Intended Use: The instrument will be This is a decision consolidated instrument, for such purposes as these used to study interfacial phenomena in pursuant to Section 6(c) of the instruments are intended to be used, engineering materials and the Educational, Scientific, and Cultural was being manufactured in the United information gathered will be used in Materials Importation Act of 1966 (Pub. States at the time the instruments were mathematical models and will be L. 89–651, 80 Stat. 897; 15 CFR part ordered. Reasons: Each foreign applied to the design of superior alloys. 301). Related records can be viewed instrument is a conventional It is planned to study the mechanical between 8:30 A.M. and 5:00 P.M. in transmission electron microscope properties of materials as a function of Room 4211, U.S. Department of (CTEM) and is intended for research or precise location within the Commerce, 14th and Constitution scientific educational uses requiring a microstructure. In addition, the Avenue, N.W., Washington, D.C. CTEM. We know of no CTEM, or any instrument will be used for educational Docket Number: 96–027. Applicant: other instrument suited to these purposes in the courses Esci 414M, Esci Belmont University, Nashville, TN purposes, which was being 497D, Esci 475, Esci 410H. Application 37212–3757. Instrument: Electron manufactured in the United States accepted by Commissioner of Customs: Microscope, Model EM208. either at the time of order of each July 5, 1996. Manufacturer: Philips, Czechoslovakia. instrument or at the time of receipt of Docket Number: 96–073. Applicant: Intended Use: See notice at 61 FR application by the U.S. Customs University of California, Accounting 28176, June 4, 1996. Order Date: January Service. Office, 400 University Hall, Berkeley, 17, 1996. Frank W. Creel, CA 94720. Instrument: High Pressure Docket Number: 96–030. Applicant: Freezing Machine, Model HPM 010. Director, Statutory Import Programs Staff. University of South Alabama, Mobile, Manufacturer: Bal-Tec, Inc., AL 36617. Instrument: Electron [FR Doc. 96–20502 Filed 8–09–96; 8:45 am] Liechtenstein. Intended Use: The Microscope, Model CM100. BILLING CODE 3510±DS±P instrument will be used to freeze a wide Manufacturer: N. V. Philips, The variety of cells and tissues, including Netherlands. Intended Use: See notice at Drosophila embryos and Arabidopsis 61 FR 28176, June 4, 1996. Order Date: Applications for Duty-Free Entry of Scientific Instruments plant tissues. In addition, the October 13, 1995. instrument will be used in electron Docket Number: 96–034. Applicant: Pursuant to Section 6(c) of the microscopy courses that teach all the National Institutes of Health, Bethesda, Educational, Scientific and Cultural techniques, including rapid freezing, MD 20892–7260. Instrument: Electron Materials Importation Act of 1966 (Pub. needed to prepare samples and examine Microscope, Model JEM–1010. L. 89–651; 80 Stat. 897; 15 CFR part them in the electron microscope. Manufacturer: JEOL Ltd., Japan. 301), we invite comments on the Application accepted by Commissioner Intended Use: See notice at 61 FR question of whether instruments of of Customs: July 11, 1996. 28176, June 4, 1996. Order Date: equivalent scientific value, for the Docket Number: 96–074. Applicant: September 27, 1995. purposes for which the instruments The Association of Universities for Docket Number: 96–035. Applicant: shown below are intended to be used, Research in Astronomy, Inc., 1625 State University of New York, Albany, are being manufactured in the United Massachusetts Avenue, NW, NY 12222. Instrument: Electron States. Washington, DC 20036. Instrument: 8M Microscope, Model JEM–2010F. Comments must comply with 15 CFR Optical Telescope Primary Mirror. Manufacturer: JEOL Ltd., Japan. 301.5(a)(3) and (4) of the regulations and Manufacturer: REOSC Optique, France. Intended Use: See notice at 61 FR be filed within 20 days with the Intended Use: The instrument will be 41774 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices used with a telescope which is used by National Oceanic and Atmospheric Grouper Amendment 8 options to take the international astronomical Administration to public hearing; community to advance basic research [I.D. 080596E] August 21, 1996, 1:30 p.m. to 5:00 and scientific opportunities involving p.m.—Mackerel Committee; star birth, origins of heavy elements, South Atlantic Fishery Management The Mackerel Committee will meet to galaxy formation, the early universe, etc. Council; Public Meetings review the status of the 1996 king mackerel catch, review the status of trip Application accepted by Commissioner AGENCY: National Marine Fisheries of Customs: July 12, 1996. limits, review the Gulf king Mackerel Service (NMFS), National Oceanic and Assessment, reconsider the South Docket Number: 96–075. Applicant: Atmospheric Administration (NOAA), Atlantic king mackerel total allowable University of Illinois at Urbana- Commerce. catch the Council set at its June 1996 Champaign, Purchasing Division, 506 ACTION: Notice of public meetings. meeting, and discuss the incidental South Wright Street, 207 Henry SUMMARY: allocation of mackerel in the shark Administration Building, Urbana, IL The South Atlantic Fishery Management Council (Council) will fishery; 61801. Instrument: Eye Tracking hold a meeting of its Advisory Panel August 22, 1996, 8:30 a.m. to 11:30 System, Model EYELINK. Manufacturer: Selection Committee (closed session), a.m.—Council session; SR Research Ltd., Canada. Intended Use: public meetings of its Controlled Access The Council will conduct Chairman The instrument will be used to study and Snapper Grouper Committees, and Vice Chairman elections, receive various aspects of human eye Snapper Grouper Committee, Mackerel the Controlled Access Committee report movements while performing various Committee, and a Council session. and take public comment before visual performance tasks including The Council welcomes written public approving Snapper Grouper flight instrument panel usage. Other comment on any of the agenda items. Amendment 9 for public hearing; experiments will involve looking at the See ADDRESSES for the Council address receive the Snapper Grouper Committee effects of aging on eye movement for to send in comments. report and take public comment before visual perception. Application accepted DATES: The meetings will be held from approving Snapper Grouper by Commissioner of Customs: July 15, August 19-22, 1996. See SUPPLEMENTARY Amendment 8 for public hearing; 1996. INFORMATION for specific dates and August 22, 1996, 11:30 a.m. to 5:00 times. p.m.—Council session; Docket Number: 96–076. Applicant: The Council will meet in closed University of Illinois at Urbana- ADDRESSES: The meetings will be held at the Town & Country Inn, 2008 session from 11:30 a.m. to 12:00 noon, Champaign, Purchasing Division, 506 to receive the Advisory Panel Selection South Wright Street, 207 Henry Savannah Highway, Charleston, SC 29407; telephone: (803) 571-1000. Committee report and appoint advisory Administration Building, Urbana, IL Council address: South Atlantic panel members; from 1:30 p.m. to 2:00 61801. Instrument: Eye Tracking Fishery Management Council, One p.m., the Council will receive the System, Model EYELINK. Manufacturer: Southpark Circle, Suite 306; Charleston, Mackerel Committee report, and take SR Research Ltd., Canada. Intended Use: SC 29407-4699. public comment before taking action to The instrument will be used to measure FOR FURTHER INFORMATION CONTACT: reconsider South Atlantic king mackerel eye-gaze positions and detect small Susan Buchanan, Public Information TAC; from 2:00 p.m. to 3:00 p.m., the saccades (quick, high velocity eye Officer; telephone: (803) 571-4366; fax: Council will receive a report on the Ad movements) during the visual (803) 769-4520; email: Hoc Bycatch Reduction Device (BRD) perception of natural speech in real time [email protected] Advisory Panel meeting, and a report on as an observer moves or talks. SUPPLEMENTARY INFORMATION: the NMFS Highly Migratory Species Application accepted by Commissioner Program; from 3:15 p.m. to 5:00 p.m., of Customs: July 15, 1996. Meeting Dates the Council will hear a presentation Docket Number: 96–077. Applicant: August 19, 1996, 1:30 p.m. to 5:00 from Dr. Andrew Brod entitled, ‘‘The p.m.—Advisory Panel Selection Demand for ITQs: The Puzzle of the University of Illinois at Urbana- Committee; Atlantic Wreckfish Industry’’, hear a Champaign, Purchasing Division, 506 The Advisory Panel Selection report on the Council Chairmen’s South Wright Street, 207 Henry Committee will meet in closed session meeting, review the status of Magnuson Administration Building, Urbana, IL to review applications and develop Act Amendments and Reauthorization, 61801. Instrument: Eye Tracking recommendations for advisory panel receive agency and liaison reports, and System, Model EYELINK. Manufacturer: member appointments; discuss other business. SR Research Ltd., Canada. Intended Use: August 20, 1996, 8:30 a.m. to 12:00 The instrument will be used to study noon—joint Controlled Access and Special Accommodations eye movements of people as they read Snapper Grouper Committees; These meetings are physically and look at pictures and to examine the The Controlled Access and Snapper accessible to people with disabilities. eye movements of people who are Grouper Committees will review the Requests for sign language seeking information in a 3–D virtual options paper for Snapper Grouper interpretation or other auxiliary aids reality environment. Application Amendment 9 and develop should be directed to the Council office accepted by Commissioner of Customs: recommendations for Amendment 9 (see ADDRESSES) by August 13, 1996. options to take to public hearing; July 15, 1996. August 20, 1996, 1:30 p.m. to 5:00 Dated: August 5, 1996. Frank W. Creel, p.m.—Snapper Grouper Committee; Richard W. Surdi, Director, Statutory Import Programs Staff. The Snapper Grouper Committee will Acting Director, Office of Fisheries [FR Doc. 96–20503 Filed 8–9–96; 8:45 am] meet to review the options paper for Conservation and Management, National Snapper Grouper Amendment 8; Marine Fisheries Service. BILLING CODE 3510±DS±P August 21, 1996, 8:30 a.m. to 12:00 [FR Doc. 96–20432 Filed 8–9–96; 8:45 am] noon—Snapper Grouper Committee; BILLING CODE 3510±22±P The Snapper Grouper Committee will develop recommendations for Snapper Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41775

COMMODITY FUTURES TRADING futures contract. These provisions will live hog contract from Midwestern COMMISSION be replaced by terms specifying cash public stockyards to the Iowa-Southern settlement of all open positions at the Minnesota direct hog market will enable MidAmerica Commodity Exchange: expiration of trading in a contract the contract to better reflect the cash Proposed Amendments Converting the month. The cash settlement price will market for slaughter hogs in the Live Hogs Futures Contract From a be based on the cash market value of Midwest. The Exchange submits that Physical Delivery Contract to a Cash hogs during the last two trading days of specifying a cash settlement procedure Settlement System expiring contract months. Specifically, to replace the physical delivery the proposed cash settlement price will AGENCY: Commodity Futures Trading settlement mechanism will simplify the Commission. equal the two-day weighted average of settlement procedure for the contract the mid-point of the price range for U.S. and facilitate greater use of the contract ACTION: Notice of proposed contract No. 1, No. 2, and No. 3 grade barrows by hedgers. market rule changes. and gilts in the 220 to 260-pound weight The MCE proposes to make the SUMMARY: The MidAmerica Commodity range in the Iowa-Southern Minnesota amendments effective, following Exchange (‘‘MCE’’) has submitted region, as reported by the U.S. Commission approval, with respect to proposed amendments to its Live Hogs Department of Agriculture (USDA) in its all newly listed contract months futures contract that would convert the Midwest Direct Hog report. The Iowa- beginning with the February 1997 delivery provisions of that futures Southern Minnesota region is defined contract month. No currently listed contract from a physical delivery by the USDA as the state of Iowa and contract month or existing position contract to a cash settlement system. In the Southern two tiers of counties in would be affected by the proposed accordance with Section 5a(a)(12) of the Minnesota. The final cash settlement amendments. Commodity Exchange Act, and acting price will be determined in four steps. On behalf of the Commission, the pursuant to the authority delegated by First, the midpoint of the price range for Division is requesting comment on the Commission Regulation 140.96, the U.S. 1, 2 and 3 barrows and gilts in the proposed amendments. In particular, Acting Director of the Division of 220 to 260-pound weight range at the Division is seeking comment Economic Analysis (‘‘Division’’) of the country points for each of the last two regarding the extent to which the Commodity Futures Trading trading days will be calculated and proposed cash settlement price will Commission (‘‘Commission’’) has rounded to the nearest whole cent. reflect the underlying cash market and determined, on behalf of the Second, the volume percentage for each the susceptibility of the proposed cash Commission, that the proposed of last two trading days will be settlement price to manipulation or amendments are of major economic calculated by dividing the volume of distortion. significance and that publication of the hog receipts on each such day by the Copies of the proposed amendments proposed amendments would be in the total volume of receipts for the two-day will be available for inspection at the public interest. On behalf of the period. Third, each day’s calculated Office of the Secretariat, Commodity Commission, the Division is requesting midpoint price is then multiplied by Futures Trading Commission, Three comment on this proposal. that day’s calculated volume percentage Lafayette Centre, 1155 21st Street, N.W., DATES: Comments must be received on to determine the weighted value for that Washington, D.C. 20581. Copies of the or before September 11, 1996. day. Fourth, the daily weighted values amended terms and conditions can be for the two-day period are summed and ADDRESSES: Interested persons should obtained through the Office of the rounded to the nearest whole cent to submit their views and comments to Secretariat by mail at the above address determine the final cash settlement Jean A. Webb, Secretary, Commodity or by telephone at (202) 418–5100. price. The materials submitted by the MCE Futures Trading Commission, Three The Exchange’s proposal also will Lafayette Centre, 1155 21st Street, NW, in support of the proposed amendments change the last trading day to the tenth may be available upon request pursuant Washington, D.C. 20581. Reference business day of the contract month from should be made to the proposed to the Freedom of Information Act (5 the sixth to the last business day of the U.S.C. 552) and the Commission’s amendments converting the MCE live contract month. hogs futures contract to cash settlement. regulations thereunder (17 CFR Part 145 According to the MCE, physical (1987)). Requests for copies of such FOR FURTHER INFORMATION CONTACT: delivery through public livestock yards materials should be made to the FOI, Frederick V. Linse, Division of no longer reflects dominant cash market Privacy and Sunshine Act Compliance Economic Analysis, Commodity Futures practice. The MCE indicated that the Staff of the Office of the Secretariat at Trading Commission, Three Lafayette number of hogs sold for slaughter from the Commission’s headquarters in Centre, 1155 21st Street, N.W., Midwestern public stockyards has been accordance with CFR 145.7 and 145.8. Washington, D.C. 20581, telephone steadily declining, and totaled just Any person interested in submitting (202) 418–5273. 1,383,000 sales in 1995, while the written data, views or arguments on the SUPPLEMENTARY INFORMATION: The number of hogs sold directly to packers proposed amendments should send existing terms of the live hogs futures by producers and other market such comments to Jean A. Webb, contract provides for physical delivery intermediaries from interior country Secretary, Commodity Futures Trading of 20,000 pounds of live hogs meeting points in the Iowa-Southern Minnesota Commission, Three Lafayette Centre, specified quality and weight region has been steadily increasing, and 1155 21st Street, N.W., Washington, requirements at MCE-approved public equaled 28,424,000 in 1995. The MCE D.C. 20581 by the specified date. livestock yards at seven delivery points further indicates that, as a result of the located in six different states. The decline in the importance of sales Issued in Washington, D.C. on August 6, contract’s existing terms also specify through public livestock yards, the 1996. that trading ends on the business day usefulness of the live hogs futures Blake Imel, immediately preceding the last five contract as a price discovery and risk Acting Director. business days of the contract month. management tool has been adversely [FR Doc. 96–20446 Filed 8–9–96; 8:45 am] The proposed amendments will delete affected. The MCE believes that by BILLING CODE 6351±01±P all physical delivery provisions of the changing the pricing basis for the MCE 41776 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

DEPARTMENT OF EDUCATION information; (5) Respondents and Abstract: Borrowers in the William D. frequency of collection; and (6) Ford Federal Direct Loan Program Notice of Proposed Information Reporting and/or Recordkeeping Income Contingent Plan will use this Collection Requests burden. OMB invites public comment at form to submit documentation of their the address specified above. Copies of current income when Adjusted Gross AGENCY: Department of Education. the requests are available from Patrick J. Income information is unavailable or ACTION: Submission for OMB review; Sherrill at the address specified above. does not reflect current income. comment request. Dated: August 6, 1996. [FR Doc. 96–20413 Filed 8–9–96; 8:45 am] SUMMARY: The Director, Information Gloria Parker, BILLING CODE 4000±01±P Resources Group, invites comments on Director, Information Resources Group. the proposed information collection Office of Special Education and requests as required by the Paperwork Rehabilitative Services Reduction Act of 1995. DEPARTMENT OF ENERGY DATES: Interested persons are invited to Type of Review: Extension. Notice of Availability of an submit comments on or before Title: State Plan Under Part B of the Environmental Assessment on the September 11, 1996. Individuals with Disabilities Education Act. Proposed Sale of Surplus Natural and ADDRESSES: Written comments should Frequency: Triennial. Low-Enriched Uranium be addressed to the Office of Affected Public: State, local or Tribal Information and Regulatory Affairs, AGENCY: Department of Energy. Attention: Wendy Taylor, Desk Officer, Gov’t, SEAs or LEAs. ACTION: Department of Education, Office of Annual Reporting and Recordkeeping Notice of availability. Management and Budget, 725 17th Hour Burden: SUMMARY: Street, NW., Room 10235, New Responses: 19. The Department of Energy Executive Office Building, Washington, Burden Hours: 551. (DOE) announces the availability of a DC 20503. Requests for copies of the Abstract: State educational agencies draft Environmental Assessment (EA) proposed information collection are required to submit a State Plan to on the proposed sale of about 35.7 requests should be addressed to Patrick the U.S. Department of Education in million pounds of natural uranium and J. Sherrill, Department of Education, 600 order to receive funds under Part B of low-enriched uranium located at the Independence Avenue, S.W., Room the Individuals with Disabilities gaseous diffusion plants in Portsmouth, 5624, Regional Office Building 3, Education Act. Ohio, and Paducah, Kentucky. DOE Washington, DC 20202–4651. prepared the EA pursuant to the Office of Postsecondary Education National Environmental Policy Act of FOR FURTHER INFORMATION CONTACT: Type of Review: Revision. 1969 (NEPA), the Council on Patrick J. Sherrill (202) 708–8196. Title: Drug and Violence Prevention Environmental Quality’s NEPA Individuals who use a regulations, and the Department’s NEPA telecommunications device for the deaf Program in Higher Education, The Institution-Wide Program Competition. regulations. The EA describes: (1) The (TDD) may call the Federal Information purpose and need for action by the Relay Service (FIRS) at 1–800–877–8339 Frequency: At the time of grant application. Department; (2) the Department’s between 8 a.m. and 8 p.m., Eastern time, proposed action; (3) alternatives Monday through Friday. Affected Public: Not-for-profit institutions. (including a no-action alternative) to the SUPPLEMENTARY INFORMATION: Section Reporting and Recordkeeping Hour proposed action; and (4) the potential 3506 of the Paperwork Reduction Act of Burden: impacts of the proposed action and 1995 (44 U.S.C. Chapter 35) requires alternatives. that the Office of Management and Responses: 240. ADDRESSES: Questions or requests for Budget (OMB) provide interested Burden Hours: 3,840. copies of the draft EA should be Federal agencies and the public an early Abstract: Safe and Drug-Free Schools addressed to: Mr. John Kotek, Office of opportunity to comment on information and Communities National Programs Nuclear Energy, Science and collection requests. OMB may amend or (ESEA–A–2) legislation calls for drug Technology, NE–1, U.S. Department of waive the requirement for public and violence prevention programs that Energy, 1000 Independence Ave., NW, consultation to the extent that public benefit college and university students. Washington, DC, 20585. Mr. Kotek may participation in the approval process The Institution-Wide grant competition be contacted by telephone at (202) 586– would defeat the purpose of the responds to the mandate by making 6823, or by facsimile at (202) 586–0698. information collection, violate State or federal funds available to colleges and Federal law, or substantially interfere universities through a competitive grant DATES: The Department has sent copies with any agency’s ability to perform its making competition. of the draft EA for review by affected statutory obligations. The Director of the Office of Postsecondary Education states, Indian tribes, and other parties Information Resources Group publishes who have expressed an interest in the this notice containing proposed Type of Review: Extension. proposed action. DOE will consider information collection requests prior to Title: Alternative Documentation of comments on the draft EA postmarked submission of these requests to OMB. Income Form. or facsimilied by September 11, 1996, in Each proposed information collection, Frequency: Annually. preparing the final EA and in deciding grouped by office, contains the Affected Public: Individuals or whether to issue a finding of no following: (1) Type of review requested, households. significant impact or to prepare an e.g., new, revision, extension, existing Annual Reporting and Recordkeeping environmental impact statement for the or reinstatement; (2) Title; (3) Summary Hour Burden: proposed sale. Comments sent after that of the collection; (4) Description of the Responses: 75,000. date will be considered to the extent need for, and proposed use of, the Burden Hours: 24,750. practicable. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41777

Issued in Washington, D.C., this 7th day of Minutes: The minutes of this meeting 1:50 pm Subcommittee Reports August, 1996, for the United States will be available for public review and —Policy and Personnel, 2nd reading Department of Energy. copying at the Freedom of Information for by-law change Terry R. Lash, Public Reading Room, 1E–190, Forrestal —Nominations, 1st reading for Stella Director, Office of Nuclear Energy, Science Building, 1000 Independence Avenue, Devers’ nomination and Technology. SW, Washington, DC 20585 between —Budget and Finance, FY97 budget [FR Doc. 96–20424 Filed 8–9–96; 8:45 am] 9:00 a.m. and 4 p.m., Monday-Friday, 2:10 pm Task Force Reports BILLING CODE 6450±01±P except Federal holidays. Minutes will —Environmental Restoration also be available at the Department of 2:15 pm Well Discussion Energy’s Information Resource Center at 3:15 pm Break Environmental Management Site- 105 Broadway, Oak Ridge, TN between 3:25 pm Safety and Voluntary Specific Advisory Board, Oak Ridge 8:30 am and 5:00 pm on Monday, Protection Program Reservation Wednesday, and Friday; 8:30 am and —Frank George and Dick Watkins 7:00 pm on Tuesday and Thursday; and 4:25 pm Defense Nuclear Facilities AGENCY: Department of Energy. 9:00 am and 1:00 pm on Saturday, or by Safety Board Report, Jim McConnell ACTION: Notice of open meeting. writing to Sandy Perkins, Department of 4:40 pm Vulnerability Update, Gerald Energy Oak Ridge Operations Office, Johnson SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act 105 Broadway, Oak Ridge, TN 37830, or 5:10 pm Updates (Pub. L. 92–463, 86 Stat. 770) notice is by calling her at (423) 576–1590. —Elena Capsuto, Texas Department of hereby given of the following Advisory Issued at Washington, DC on August 6, Health Committee meeting: Environmental 1996. —Paul Sowa, Fatality Final Report Management Site-Specific Advisory Rachel M. Samuel, —Occurrence Reports—DOE Board (EM SSAB), Oak Ridge Acting Deputy Advisory Committee 5:55 pm Closing Comments Reservation. Management Officer. 6:00 pm Adjourn **Public comment will be invited DATES: Wednesday, September 4, 1996, [FR Doc. 96–20422 Filed 8–9–96; 8:45 am] throughout the meeting. 6:00 pm–9:00 pm. BILLING CODE 6450±01±P Public Participation: The meeting is ADDRESSES: Oak Ridge Inn (formerly open to the public. Written statements Holiday Inn), 420 South Illinois Environmental Management Site- may be filed with the Committee either Avenue, Oak Ridge, Tennessee Specific Advisory Board, Pantex Plant, before or after the meeting. Written FOR FURTHER INFORMATION CONTACT: Amarillo, Texas comments will be accepted at the Sandy Perkins, Site-Specific Advisory address above for 15 days after the date Board Coordinator, Department of AGENCY: Department of Energy. of the meeting. Individuals who wish to Energy Oak Ridge Operations Office, ACTION: Notice of open meeting. make oral statements pertaining to 105 Broadway, Oak Ridge, TN 37830, agenda items should contact Tom SUMMARY: Pursuant to the provisions of (423) 576–1590. Williams’ office at the address or the Federal Advisory Committee Act SUPPLEMENTARY INFORMATION: telephone number listed above. (Pub. L. 92–463, 86 Stat. 770) notice is Purpose of the Board: The purpose of Requests must be received 5 days prior hereby given of the following Advisory the Board is to make recommendations to the meeting and reasonable provision Committee meeting: Environmental to DOE and its regulators in the areas of will be made to include the presentation Management Site-Specific Advisory environmental restoration, waste in the agenda. The Designated Federal Board (EM SSAB), Pantex Plant, management, and related activities. Official is empowered to conduct the Amarillo, Texas. Tentative Agenda: meeting in a fashion that will facilitate DATES AND TIMES: Tuesday, August 27, the orderly conduct of business. Each August Meeting Topics 1996: 1:00 p.m.–6:00 p.m. individual wishing to make public This meeting will be a business ADDRESSES: Boatmen’s First National comment will be provided a maximum meeting with no technical presentations Bank, Centennial Room, 8th and of 5 minutes to present their comments. planned. The Board will be working on Fillmore, Amarillo, Texas. Minutes: The minutes of this meeting the 1996 Self Evaluation and its Annual FOR FURTHER INFORMATION CONTACT: Tom will be available for public review and Report. Williams, Program Manager, copying at the Pantex Public Reading Public Participation: The meeting is Department of Energy, Amarillo Area Rooms located at the Amarillo College open to the public. Written statements Office, P.O. Box 30030, Amarillo, TX Lynn Library and Learning Center, 2201 may be filed with the Committee either 79120 (806) 477–3121. South Washington, Amarillo, TX phone before or after the meeting. Individuals SUPPLEMENTARY INFORMATION: (806) 371–5400. Hours of operation are who wish to make oral statements Purpose of the Committee: The Board from 7:45 am to 10:00 pm, Monday pertaining to agenda items should provides input to the Department of through Thursday; 7:45 am to 5:00 pm contact Sandy Perkins at the address or Energy on Environmental Management on Friday; 8:30 am to 12:00 noon on telephone number listed above. strategic decisions that impact future Saturday; and 2:00 pm to 6:00 pm on Requests must be received 5 days prior use, risk management, economic Sunday, except for Federal holidays. to the meeting and reasonable provision development, and budget prioritization Additionally, there is a Public Reading will be made to include the presentation activities. Room located at the Carson County in the agenda. The Designated Federal Public Library, 401 Main Street, Official is empowered to conduct the Tentative Agenda Panhandle, TX phone (806) 537–3742. meeting in a fashion that will facilitate 1:00 pm Welcome—Introductions— Hours of operation are from 9:00 am to the orderly conduct of business. Each Approval of Minutes 7:00 pm on Monday; 9:00 am to 5:00 individual wishing to make public 1:10 pm Co-Chairs’ Comments pm, Tuesday through Friday; and closed comment will be provided a maximum 1:20 pm Core Values Assessment Saturday and Sunday as well as Federal of 5 minutes to present their comments. Results, Dr. Mark Somma Holidays. Minutes will also be available 41778 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices by writing or calling Tom Williams at FOR FURTHER INFORMATION CONTACT: For Official, Health and Environmental the address or telephone number listed further information on the Research Advisory Committee, U.S. above. transportation of spent nuclear fuel and Department of Energy, ER–70, GTN, Issued at Washington, DC, on August 6, high-level radioactive waste under the Germantown, Maryland 20874, 1996. Nuclear Waste Policy Act, please Telephone Number: 301–903–3683. contact: Ms. Corinne Macaluso, Rachel M. Samuel, SUPPLEMENTARY INFORMATION: Acting Deputy Advisory Committee Environmental and Operational Management Officer. Activities, Office of Civilian Radioactive Purpose of the Meeting: To provide [FR Doc. 96–20423 Filed 8–9–96; 8:45 am] Waste Management, (RW–45), U.S. advice on a continuing basis to the Department of Energy, 1000 BILLING CODE 6450±01±P Director of Energy Research of the Independence Avenue, S.W., Department of Energy on the many Washington, D.C. 20585, Telephone: complex scientific and technical issues Office of Civilian Radioactive Waste 202–586–2837. that arise in the development and Management; Safe Transportation and Information packets are available for implementation of the health and Emergency Response Training; interested persons who want environmental research program. Technical Assistance and Funding background information about the Office of Civilian Radioactive Waste Tentative Agenda AGENCY: Office of Civilian Radioactive Management transportation program Tuesday, September 10, 1996, and Waste Management, Department of and the Section 180(c) program prior to Wednesday, September 11, 1996 Energy. providing comments. To receive an • ACTION: Notice extending comment information packet, please call 1–800– Welcome Remarks period. 225–NWPA (or call 202–488–6720 in • Opening of Meeting Washington, D.C.) or write to the • SUMMARY: On Thursday, May 16, 1996, National Information Center, 600 Remarks by the Director of the the Department of Energy (the Maryland Avenue, S.W., Suite 695, Office of Energy Research Department) published a Notice of Washington, D.C. 20026 or the Yucca • Office of Health and Environmental proposed policy and procedures (61 FR Mountain Science Center, 4101B Research Program Overview: Scope, 24772) that set forth its plans for Meadows Lane, Las Vegas, Nevada Issues, Budget implementing a program of technical 89107. • Review of Office of Health and and financial assistance to states for Copies of comments received will be Environmental Research Programs training public safety officials of available for examination and may be • Review of Subcommittee Activities appropriate units of local government photocopied at the Department’s Public and to Indian tribes through whose Reading Room at 1000 Independence • New Business jurisdiction the Department plans to Avenue, S.W., Room 1E–190, • Public Comment (10-minute rule) transport spent nuclear fuel or high- Washington, D.C. level radioactive waste. The training Public Participation: The two-day Issued in Washington, D.C., on August 6, meeting is open to the public. Written would cover both safe routine 1996. transportation procedures and statements may be filed with the Lake Barrett, emergency response procedures as Committee either before or after the directed in Section 180(c) of the Nuclear Deputy Director, Office of Civilian meeting. Members of the public who Radioactive Waste Management. Waste Policy of Act of 1982, as wish to make oral statements pertaining amended, (42 U.S.C. 10101 et seq.). The [FR Doc. 96–20419 Filed 8–9–96; 8:45 am] to agenda items should contact comment period for this Notice of BILLING CODE 6450±01±P Benjamin Barnhart at the address or proposed policy and procedures was telephone number listed above. Requests to make oral statements must scheduled to close on August 15, 1996. Office of Energy Research Today’s notice announces a 45-day be received five days prior to the extension of the comment period on the meeting; reasonable provision will be Health and Environmental Research made to include the statement in the proposed policy statement discussed in Advisory Committee the Notice. The Department is taking agenda. The Chairperson of the this action in response to requests for an AGENCY: Office of Energy Research, Committee is empowered to conduct the extension of the comment period. Department of Energy. meeting in a fashion that will facilitate the orderly conduct of business. DATES: Written comments should be ACTION: Notice of open meeting. sent to the Department and must be Transcripts: The transcript of this received on or before September 30, SUMMARY: Pursuant to the provisions of meeting will be available for public 1996. the Federal Advisory Committee Act review and copying at the Freedom of (Pub. L. 92–463, 86 Stat. 770), notice is Information Public Reading Room, IE– ADDRESSES: Written comments should given of a meeting of the Health and 190, Forrestal Building, 1000 be directed to: Corinne Macaluso, U.S. Environmental Research Advisory Independence Avenue, S.W., Department of Energy, c/o Lois Smith, Committee. Washington, D.C., between 9:00 a.m. TRW Environmental Safety Systems, and 4:00 p.m., Monday through Friday, Inc., 600 Maryland Avenue, S.W., Suite DATES: Tuesday, September 10, 1996, except holidays. 695, Washington, D.C. 20024, ATTN.: 9:00 a.m. to 5:00 p.m.; and Wednesday, Section 180(c) Comments. September 11, 1996, 9:00 a.m. to 12:00 Issued in Washington, D.C. on August 7, Persons submitting comments should p.m. 1996. include their names and addresses. ADDRESSES: Holiday Inn-Bethesda, 8120 Rachel M. Samuel, Receipt of comments in response to the Wisconsin Avenue, Bethesda, Maryland Acting Deputy Advisory Committee Notice will be acknowledged if a 20815. Management Officer. stamped, self-addressed postal card or FOR FURTHER INFORMATION CONTACT: Dr. [FR Doc. 96–20421 Filed 8–9–96; 8:45 am] envelope is enclosed. Benjamin Barnhart, Designated Federal BILLING CODE 6450±01±P Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41779

Federal Energy Regulatory obtained from and written comments economic purchase of fuels. Most Commission may be submitted to the Federal Energy jurisdictional utilities include in their Regulatory Commission, Attn: Michael wholesale rate structures automatic fuel Proposed Information Collection and P. Miller, Information Services Division, adjustment clauses or other automatic Request for Comments (FERC Form ED–12.4, 888 First Street, N.E., clauses under which changes in fuel No. 423) Washington, D.C. 20426. costs are permitted to be passed on to FOR FURTHER INFORMATION CONTACT: customers as they occur, without the August 6, 1996. Michael P. Miller may be reached by regulatory review that would occur with AGENCY: Federal Energy Regulatory telephone at (202) 208–1415, by fax at the filing of new rates. Section 205 of Commission, DOE. (202) 273–0873, and by e-mail at the FPA also includes the requirement ACTION: Notice of proposed information [email protected]. that such rates be just and reasonable. collection and request for comments. SUPPLEMENTARY INFORMATION: The To determine just and reasonable rates information collected under the for electric service it is necessary to SUMMARY: In compliance with the requirements of FERC Form No. 423 investigate and analyze the various requirements of Section 3506(c)(2)(a) of ‘‘Monthly Report of Cost and Quality of costs, including fuel costs, incurred in the Paperwork Reduction Act of 1995 Fuels for Electric Plants’’ (OMB No. providing the service. The Commission (Pub. L. 104–13), the Federal Energy 1902–0024) is used by the Commission implements these filing requirements in Regulatory Commission (Commission) is to implement the statutory provisions of the Code of Federal Regulations (CFR) soliciting public comment on the Section 205 of the Federal Power Act under 18 CFR Part 141.61. specific aspects of the information (FPA), 16 U.S.C. 824d as amended by Action: The Commission is requesting collection described below. Section 208 of the Public Utilities a three-year extension of the current DATES: Consideration will be given to Regulatory Policies Act (PURPA). Under expiration date, with no changes to the comments submitted on or before Section 205, the Commission is required existing collection of data. October 11, 1996. to conduct a review every two years of Burden Statement: Public reporting ADDRESSES: Copies of the proposed utility fuel procurement practices under burden for this collection is estimated collection of information can be automatic adjustment clauses to assure as:

Number of responses per re- Average burden hours per re- Number of respondents annually spondent sponse Total annual burden hours

(1) (2) (3) (1)×(2)×(3)

735 12 2 17,640

Estimated cost burden to respondents: than any one particular function or [FERC±585] 17,640 hours/2,087 hours per year × activity. Proposed Information Collection and $102,000 per year=$862,137. Comments are invited on: (1) Whether The reporting burden includes the Request for Comments the proposed collection of information total time, effort, or financial resources August 7, 1996. expended to generate, maintain, retain, is necessary for the proper performance disclose, or provide the information of the functions of the Commission, AGENCY: Federal Energy Regulatory including: (1) Reviewing instructions; including whether the information will Commission, DOE. (2) developing, acquiring, installing, and have practical utility; (2) the accuracy of ACTION: Notice of proposed information utilizing technology and systems for the the agency’s estimate of the burden of collection and request for comments. purposes of collecting, validating, the proposed collection of information, verifying, processing, maintaining, including the validity of the SUMMARY: In compliance with the disclosing and providing information; methodology and assumptions used; (3) requirements of Section 3506(c)(2)(a) of (3) adjusting the existing ways to ways to enhance the quality, utility and the Paperwork Reduction Act of 1995 comply with any previously applicable clarity of the information to be (Pub. L. 104–13), the Federal Energy instructions and requirements; (4) collected; and (4) ways to minimize the Regulatory Commission (Commission) is training personnel to respond to a burden of the collection of information soliciting public comment on the collection of information; (5) searching on those who are to respond, including specific aspects of the information data sources; (6) completing and the use of appropriate automated, collection described below. reviewing the collection of information; electronic, mechanical, or other DATES: Consideration will be given to and (7) transmitting, or otherwise technological collection techniques or comments submitted on or before disclosing the information. other forms of information technology October 11, 1996. The estimate of cost for respondents e.g. permitting electronic submission of ADDRESSES: Copies of the proposed is based upon salaries for professional responses. and clerical support, as well as direct collection of information can be and indirect overhead costs. Direct costs Lois D. Cashell, obtained from and written comments include all costs directly attributable to Secretary. may be submitted to the Federal Energy providing this information, such as [FR Doc. 96–20435 Filed 8–9–96; 8:45 am] Regulatory Commission, Attn: Michael P. Miller, Information Services Division, administrative costs and the cost for BILLING CODE 6717±01±M information technology. Indirect or ED–12.4, 888 First Street N.E., overhead costs are costs incurred by an Washington, D.C. 20426. organization in support of its mission. FOR FURTHER INFORMATION CONTACT: These costs apply to activities which Michael P. Miller may be reached by benefit the whole organization rather telephone at (202) 208–1415, by fax at 41780 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

(202) 273–0873, and by e-mail at Commission to establish rules requiring The Commission uses the information [email protected]. each public utility to report to FERC and to evaluate and formulate appropriate appropriate State regulatory authorities options for action in the event an SUPPLEMENTARY INFORMATION: any anticipated shortage of electric anticipated shortage is reported and/or Abstract: The information collected energy or capacity which would affect materializes. The Commission under the requirements of FERC–585 the utility’s ability to serve its wholesale implements these filing requirements in ‘‘Reporting of Electric Energy Shortages customers; and submit to the the Code of Federal Regulations (CFR) and Contingency Plans under PURPA Commission and the appropriate State under 18 CFR Part 294 206’’ (OMB No. 1902–0138) is used by regulatory authority, and periodically Action: The Commission is requesting the Commission to implement the revise contingency plans respecting statutory provisions of Sections 206 of a three-year extension of the current shortages of electric energy or capacity the Public Utility Regulatory Policies expiration date, with no changes to the which would equitably accommodate Act of 1979 (PURPA) Pub. L. 95–617, 92 existing collection of data Stat. 3117 added to the Federal Power service to both direct retail customers Burden Statement: Public reporting Act (FPA) Section 202, subsection (g). and those served by utilities supplied at burden for this collection is estimated FPA Section 202(g) requires the wholesale by the public utility. as:

Number of responses per re- Average burden hours per re- Number of respondents annually spondent sponse Total annual burden hours

(1) (2) (3) (1)×(2)×(3)

6 1 76 456

Estimated cost burden to respondents: including the validity of the part by a volumetric buyout/buydown 456 hours/2,087 hours per year × methodology and assumptions used; (3) surcharge of $0.0002 per dth applicable $102,00 per year = $22,287. ways to enhance the quality, utility and to all throughout. The reporting burden includes the clarity of the information to be ANR states that this filing is being total time, effort, or financial resources collected; and (4) ways to minimize the made pursuant to Article II of the expended to generate, maintain, retain, burden of the collection of information Stipulation and Agreement filed by disclose, or provide the information on those who are to respond, including ANR on February 12, 1991 in Docket including: (1) Reviewing instructions; the use of appropriate automated, (2) developing, acquiring, installing, and electronic, mechanical, or other Nos. RP91–33–000 and RP91–35–0000, utilizing technology and systems for the technological collection techniques or as approved by the Commission on purposes of collecting, validating, other forms of information technology March 1, 1991. ANR has requested that verifying, processing, maintaining, e.g. permitting electronic submission of the Commission accept the tendered disclosing and providing information; responses. tariff sheets to become effective (3) adjusting the existing ways to Lois D. Cashell, September 1, ‘996. ANR states that it comply with any previously applicable Secretary. intends to commence billing of the instructions and requirements; (4) [FR Doc. 96–20442 Filed 8–9–96; 8:45 am] proposed fixed monthly charges and training personnel to respond to a BILLING CODE 6717±01±M volumetric surcharge in October, 1996 collection of information; (5) searching for September, 1996 business. data sources; (6) completing and [Docket No. RP96±328±000] ANR states that all of its Volume Nos. reviewing the collection of information; 1 and 2 customers and interested State and (7) transmitting, or otherwise ANR Pipeline Company; Notice of Commissions have been apprised of this disclosing the information. Proposed Changes in FERC Gas Tariff filing. The estimate of cost for respondents is based upon salaries for professional August 6, 1996. Any person desiring to be heard or to and clerical support, as well as direct Take notice that on August 1, 1996, protest said filing should file a motion and indirect overhead costs. Direct costs ANR Pipeline Company (ANR), to intervene or protest with the Federal include all costs directly attributable to tendered for filing as part of its FERC Energy Regulatory Commission, 888 providing this information, such as Gas Tariff, Second Revised Volume No. First Street, NE., Washington, DC 20426, administrative costs and the cost for 1 and Original Volume No. 2 the in accordance with 18 CFR 385.214 and information technology. Indirect or following tariff sheets: 385.211 of the Commission’s Rules and overhead costs are costs incurred by an Second Revised Volume No. 1 Regulations. All such motions or organization in support of its mission. Fourteenth Revised Sheet No. 17 protests must be filed as provided in These costs apply to activities which Original Sheet No. 212 § 154.210 of the Commission’s benefit the whole organization rather Original Sheet No. 213 Regulations. Protests will be considered than any one particular function or Original Volume No. 2 by the Commission in determining the activity. Seventh Revised Sheet No. 14 appropriate action to be taken, but will Comments are invited on: (1) Whether ANR states that the referenced tariff not serve to make protestants parties to the proposed collection of information sheets are being submitted pursuant to the proceeding. Any person wishing to is necessary for the proper performance ANR’s approved Order No. 528 cost become a party must file a motion to of the functions of the Commission, recovery settlement to implement intervene. Copies of this filing are on including whether the information will partial recovery of approximately $0.65 file with the Commission and are have practical utility; (2) the accuracy of million of additional buyout/buydown the agency’s estimate of the burden of costs, in part by a fixed monthly charge the proposed collection of information, applicable to ANR’s customers, and in Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41781 available for public inspection in the and Regulations. All such motions or authorization pursuant to Section 7 of Public Reference Room. protests must be filed as provided in the Natural Gas Act. Lois D. Cashell, Section 154.210 of the Commission’s Lois D. Cashell, Secretary. Regulations. Protests will be considered Secretary. [FR Doc. 96–20401 Filed 8–9–96; 8:45 am] by the Commission in determining the [FR Doc. 96–20406 Filed 8–9–96; 8:45 am] BILLING CODE 6717±01±M appropriate action to be taken, but will BILLING CODE 6717±01±M not serve to make protestants parties to the proceeding. Copies of this filing are [Docket No. RP96±326±000] on file with the Commission and are [Docket No. RP96±330±000] available for public inspection in the Columbia Gas Transmission Florida Gas Transmission Company; Public Reference Room. Corporation; Notice of Proposed Notice of Proposed Changes In FERC Changes in FERC Gas Tariff Lois D. Cashell, Gas Tariff Secretary. August 6, 1996. [FR Doc. 96–20403 Filed 8–9–96; 8:45 am] August 6, 1996. Take notice that on August 1, 1996, BILLING CODE 6717±01±M Take notice that on August 2, 1996, Columbia Gas Transmission Corporation Florida Gas Transmission Company (Columbia) tendered the filing as part of (FGT) tendered for filing as part of its its FERC Gas Tariff, Second Revised [Docket No. CP96±676±000] FERC Gas Tariff, Third Revised Volume Volume No. 1, the following tariff sheets No. 1, the following tariff sheets to Columbia Gas Transmission to become effective September 1, 1996. become effective September 2, 1996. Corporation; Notice of Request Under Original Sheet No. 99G Blanket Authorization First Revised Sheet No. 14 Original Sheet No. 99H First Revised Sheet No. 16 Columbia states that the instant filing August 6, 1996. Second Revised Sheet No. 28 Second Revised Sheet No. 34 is being submitted pursuant to Article Take notice that on July 29, 1996, Columbia Gas Transmission Corporation Third Revised Sheet No. 45 VII, Section C, Accrued-But-Not-Paid Third Revised Sheet No. 46 Gas Costs, of the ‘‘Customer Settlement’’ (Columbia), 1700 MacCorkle Avenue, Third Revised Sheet No. 59 in Docket No. GP94–02, et al., approved S.E., Charleston, West Virginia 25314, Fifth Revised Sheet No. 120 by the Commission on June 15, 1995 (71 filed in Docket No. CP96–676–000 a Third Revised Sheet No. 143 FERC ¶ 61,337 (1995)). The Customer request pursuant to §§ 157.205 and Third Revised Sheet No. 187 Settlement became effective on 157.212 of the Commission’s Third Revised Sheet No. 188A November 28, 1995, when the Regulations under the Natural Gas Act FGT states that in the January 31, Bankruptcy Court’s November 1, 1995 (18 CFR 157.205, 157.212) for 1996, Policy Statement, the Commission order approving Columbia’s Plan of authorization to construct and operate outlined requirements for pipelines to Reorganization became final. Under the an additional delivery point for implement negotiated/recourse rate terms of Article VII, Section C, interruptible transportation service, programs whereby a pipeline and its Columbia is entitled to recover amounts under Columbia’s blanket certificate shippers could mutually agree to rates for Accrued-But-Not-Paid Gas Costs. As issued in Docket No. CP83–76–000 other than those contained in the directed by Article VII, Section C, the pursuant to Section 7 of the Natural Gas pipeline’s tariff as long as all shippers tariff sheets contained herein are being Act, all as more fully set forth in the had recourse to the Commission filed in accordance with Section 39 of request that is on file with the approved cost based tariff rates. In order the General Terms and Conditions of the Commission and open to public to implement these programs, Tariff, to direct bill the Accrued-But- inspection. conforming changes are required to Not-Paid Gas Costs that have been paid Specifically, Columbia proposes to FGT’s tariff. FGT states that it is filing subsequent to November 28, 1995. The provide 12,000 Dth per day of gas herein to implement such conforming instant filing reflects Accrued-But-Not- service through the new point of tariff changes. Paid Gas Costs in the amount of delivery to Ohio Intrastate Gas FGT states that it has not negotiated $628,145.69 plus applicable FERC Transmission Company for residential, any rates with customers which are interest of $5,505.56. This is Columbia’s commercial and industrial use. outside of the maximum and minimum third filing pursuant to Article VII, Columbia estimates the delivery point to rate ranges contained in its tariff and is Section C, and Columbia reserves the cost $84,049. not filing at this time to implement any right to make the appropriate additional Any person or the Commission’s staff specific negotiated rate transactions. filings pursuant to that provision. The may, within 45 days after issuance of Any person desiring to be heard or to allocation factors on Appendix F of the the instant notice by the Commission, protest said filing should file a motion Customer Settlement were used as file pursuant to Rule 214 of the to intervene or protest with the Federal prescribed by Article VII, Section C. Commission’s Procedural Rules (18 CFR Energy Regulatory Commission, 888 Columbia also agrees to make 385.214) a motion to intervene or notice First Street, N.E., Washington, D.C., available for this filing the data that it of intervention and pursuant to 20426, in accordance with Sections was required to provide in its June 13, § 157.205 of the Regulations under the 385.211 and 385.214 of the 1996 compliance filing in Docket No. Natural Gas Act (18 CFR 157.205) a Commission’s Rules and Regulations. RP96–140–002 pursuant to a protective protest to the request. If no protest is All such motions or protests must be agreement. filed within the time allowed therefor, filed as provided in Section 154.210 of Any person desiring to be heard or to the proposed activity shall be deemed to the Commission’s Regulations. Protests protest this filing should file a motion be authorized effective the day after the will be considered by the Commission to intervene or protest with the Federal time allowed for filing a protest. If a in determining the appropriate action to Energy Regulatory Commission, 888 protest is filed and not withdrawn be taken, but will not serve to make First Street, NE, Washington, DC 20426, within 30 days after the time allowed protestants parties to the proceeding. in accordance with Sections 385.214 for filing a protest, the instant request Any person wishing to become a party and 385.211 of the Commission’s Rules shall be treated as an application for must file a motion to intervene. Copies 41782 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices of this filing are on file with the [Docket No. RP96±331±000] [Docket No. RP96±329±000] Commission and are available for public inspection in the Public Reference National Fuel Gas Supply Corporation; NorAm Gas Transmission Company; Notice of Proposed Changes in FERC Notice of Proposed Changes in FERC Room. Gas Tariff Tariff Lois D. Cashell, Secretary. August 6, 1996. August 6, 1996. [FR Doc. 96–20409 Filed 8–9–96; 8:45 am] Take notice that on August 2, 1996, Take notice that on August 1, 1996, NorAm Gas Transmission (NGT) BILLING CODE 6717±01±M National Fuel Gas Supply Corporation (National Fuel) tendered for filing as tendered for filing to become part of its part of its FERC Gas Tariff, the following FERC Gas Tariff, Fourth Revised tariff sheets with a proposed effective Volume No. 1, the following tariff [Docket No. RP96±327±000] date of September 1, 1996: sheets, with an effective date of September 1, 1996: Koch Gateway Pipeline Company; Fourth Revised Sheet No. 211 Notice of Proposed Changes in FERC Original Sheet No. 211A Third Substitute Fourth Revised Sheet No. 13 Gas Tariff National Fuel states that this filing NGT stated that the purpose of this filing was to adjust NGT’s rates to reflect August 6, 1996. reflects proposed changes to National Fuel’s Firm and Interruptible Rate $4,321,962 of gas supply realignment Take notice that on August 1, 1996, Schedules to provide options for costs, plus applicable interest, pursuant Koch Gateway Pipeline Company (Koch customers to purchase storage and/or to Section 23.2 of the General Terms Gateway) tendered for filing as part of transportation service at negotiated and Conditions of its Tariff. NGT stated its FERC Gas Tariff, Fifth Revised rates, with the recourse rates being the that this filing includes the cost of Volume No. 1, the following tariff sheets existing rates for the same class of terminating or revising gas supply to be effective September 1, 1996: service. contracts pursuant to certain settlement agreements with its suppliers. National Fuel requests the Twelfth Revised Sheet No. 20 NGT stated that copies of its filings Commission waive its Regulations, to Eleventh Revised Sheet No. 21 have been mailed to all of its affected the extent necessary, to permit the Twelfth Revised Sheet No. 22 customers and the State Commissions of proposed tariff sheets to become Twelfth Revised Sheet No. 24 Arkansas, Louisiana, Oklahoma, and effective on September 1, 1996. In this Koch Gateway states this filing is Texas. regard, National Fuel states in its Policy Any person desiring to be heard or to submitted as an application pursuant to Statement, the Commission declared protest the subject filing should file a Section 4 of the Natural Gas Act, 15 that it does not intend to suspend petition to intervene or protest with the U.S.C. 717c (1988), and Part 154 of the negotiated rate filings and will grant Federal Energy Regulatory Commission, Rules and Regulations Commission. waiver of the 30-day notice requirement. 888 First Street, N.E., Washington, D.C. Koch Gateway states that it files the Statement of Policy and Request for 20426, in accordance with Sections above tariff sheets to reduce its Account Comments, 74 FERC ¶ 61,076 (1996) at 385.211 and 385.214 of the No. 858 surcharge as a result of Koch 61,241–42. Commission’s Rules of Practice and Gateway’s expectation to complete its In the event the Commission elects to Procedure 18 CFR 385.211 and 385.214. collection of one portion of this suspend the tariff sheets, pursuant to All such motions or protests must be surcharge. Section 154.7(a)(9), National Fuel states filed as provided in § 154.210 of the that its intention that such tariff sheets Commission’s Regulations. Protests will Any person desiring to be heard or to be moved into effect at the end of the be considered by the Commission in protest this filing should file a motion applicable suspension period. determining the appropriate action to be to intervene or protest with the Federal Any person desiring to be heard or to taken, but will not serve to make the Energy Regulatory Commission, 888 protest said filing should file a motion protestants parties to the proceeding. First Street, NE., Washington, D.C. to intervene or protest with the Federal Any person wishing to become a party 20426, in accordance with Sections Energy Regulatory Commission, 888 must file a motion to intervene. Copies 385.214 and 385.211 of the First Street, N.E., Washington, DC of this filing are on file with the Commission’s regulations. All such 20426, in accordance with Rule 211 or Commission and available for public motions or protest must be filed as 214 of the Commission’s Rules of inspection, with the exception of that provided in Section 154.210 of the Practice and Procedure (18 CFR 385.211 portion for which NGT requested Commission’s Regulations. Protests will or 385.214). All such motions or privileged treatment. be considered by the Commission in protests must be filed as provided in Lois D. Cashell, determining appropriate action to be Section 154.210 of the Commission’s Secretary. taken, but will not serve to make Regulations. Protests will be considered [FR Doc. 96–20400 Filed 8–9–96; 8:45 am] by the Commission in determining the protestants parties to the proceedings. BILLING CODE 6717±01±M Any person wishing to become a party appropriate action to be taken but will must file a Motion to Intervene. Copies not serve to make protestants parties to of this filing are on file with the the proceeding. Any person wishing to [Docket No. RP96±279±001] Commission and are available for public become a party must file a motion to Texas Eastern Transmission inspection. intervene. Copies of this filing are on file with the Commission and are Corporation; Notice of Compliance Lois D. Cashell, available for public inspection. Filing Secretary. Lois D. Cashell, [FR Doc. 96–20402 Filed 8–9–96; 8:45 am] August 6, 1996. Secretary. Take notice that on August 1, 1996, BILLING CODE 6717±01±M [FR Doc. 96–20408 Filed 8–9–96; 8:45 am] Texas Eastern Transmission Corporation BILLING CODE 6717±01±M (Texas Eastern) tendered for filing Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41783 detailed information showing how Trunkline’s FERC Gas Tariff, First WNG states that a copy of its filing Texas Eastern developed the compressor Revised Volume No. 1. was served on all jurisdictional fuel projections contained in its Interim Trunkline states that pursuant to customers and interested state ASA filing of June 18, 1996 in Docket Section 23 of the General Terms and commissions. No. RP96–279–000. Conditions, the value of retained Any person desiring to be heard or to Texas Eastern asserts that the purpose unauthorized gas and scheduling protest this filing should file a motion of this filing is to comply with the penalties collected from affiliates and to intervene or a protest with the Commission’s order issued July 17, 1996 excess revenues received over costs Federal Energy Regulatory Commission, in Docket No., RP96–279–000. incurred under Trunkline’s cash-out 888 First Street, N.E., Washington, D.C. Texas Eastern states that the provisions for the twelve months ended 20426, in accordance with Sections compressor fuel projections were May 31, 1996 is negative. Accordingly, 385.214 and 385.211 of the developed by using a linear regression there will be no Section 23 adjustment Commission’s Rules and Regulations. analysis model designed to forecast in effect for the period September 1, All such motions or protests must be compressor fuel consumption for Texas 1996 through August 31, 1997. filed as provided in Section 154.210 of Eastern’s system. Texas Eastern also Trunkline further states that filing the Commission’s Regulations. Protests states that the ultimate test of a copies of this filing are being served on will be considered by the Commission projection model is the comparison of all affected customers and applicable in determining the appropriate action to the projections developed to the actual state regulatory agencies. be taken, but will not serve to make results experienced and that the month Any person desiring to be heard or to protestants parties to the proceedings. of June 1996 actual compressor fuel has protest this filing should file a motion Any person wishing to become a party already proven to be within 3% to intervene or a protest with the must file a motion to intervene. Copies tolerance of its projection. Federal Energy Regulatory Commission, of this filing are on file with the Texas Eastern states that copies of the 888 First Street, N.E., Washington, D.C. Commission and are available for public filing were served on all parties in 20426, in accordance with 18 CFR inspection in the Public Reference Docket No. RP96–279–000. The July 17, 385.214 and 385.211 of the Room. Commission’s Rules and Regulations. Order provides that parties are Lois D. Cashell, permitted to file comments within 15 All such motions or protests must be filed as provided in Section 154.210 of Secretary. days of the filing. [FR Doc. 96–20405 Filed 8–9–96; 8:45am] Any person desiring to protest said the Commission’s Regulations. Protests filing should file a protest with the will be considered by the Commission BILLING CODE 6717±01±M Federal Energy Regulatory Commission, in determining the appropriate action to 888 First Street, N.E., Washington, D.C. be taken, but will not serve to make [Docket No. RM95±3±000] 20426, in accordance with 18 CFR protestants parties to the proceeding. Any person wishing to become a party 385.214 of the Commission’s Rules and Filing and Reporting Requirements for Regulations. All such protests must be must file a motion to intervene. Copies of this filing are on file with the Interstate Natural Gas Company Rate filed as provided in Section 154.210 of Schedules and Tariffs; Notice of the Commission’s Regulations. Protests Commission and are available for public inspection in the Public Reference Revised Natural Gas Pipeline Company will be considered by the Commission Room. Electronic Tariff Filing Instructions in determining appropriate action to be taken, but will not serve to make Lois D. Cashell, August 6, 1996. protestants parties to the proceeding. Secretary. On September 28, 1995, the Federal Copies of this filing are on file with the [FR Doc. 96–20407 Filed 8–9–96; 8:45 am] Energy Regulatory Commission Commission and are available for public BILLING CODE 6717±01±M (Commission) issued Order No. 582, inspection in the Public Reference (the rule) amending part 154 of the Room. [Docket No. MT96±22±000] Commission’s regulations under the Lois D. Cashell, Natural Gas Act.1 The changes wrought Secretary. Williams Natural Gas Company; Notice by the rule include modifications to the [FR Doc. 96–20404–Filed 8–9–96; 8:45 am] of Proposed Changes in FERC Gas Commission’s electronic filing BILLING CODE 6717±01±M Tariff requirements, including changes to the instructions for filing tariff sheets August 6, 1996. electronically. The electronic tariff sheet [Docket No. TM96±6±30±000] Take notice that on August 1, 1996, instructions adopted by the rule Williams Natural Gas Company (WNG) included, on the title page, all valid Trunkline Gas Company; Notice of tendered for filing to become part of its Office of Management and Budget Proposed Changes in FERC Gas Tariff FERC Gas Tariff, Second Revised (OMB) control numbers applicable to Volume No. 1, the following tariff sheet the filing of tariff sheets. OMB control August 6, 1996. to be effective September 1, 1996: Take notice that on August 1, 1996, number 1902–0154 expired June 30, Trunkline Gas Company (Trunkline) Second Revised Sheet No. 221 1996. Recently, OMB extended the tendered for filing as part of its FERC WNG states that this filing is being expiration date for OMB control number Gas Tariff, First Revised Volume No. 1, made to update WNG’s tariff in 1902–0154 to June 31, 1997. revised tariff sheets, listed on Appendix compliance with 18 CFR Part A respondent will not be penalized A of its filing to become effective 250.16(b)(1), which requires an for failure to respond to a collection of September 1, 1996. interstate natural gas pipeline to report information unless the collection of Trunkline states that this filing is any changes which occur to the list of information displays a valid OMB being made in accordance with Section operating personnel and facilities 1 23 (Miscellaneous Revenue shared by the interstate natural gas Filing and Reporting Requirements for Interstate Natural Gas Companies Rate Schedules and Tariffs, Flowthrough Surcharge Adjustment) of pipeline and its marketing or brokering Order No. 582, 60 FR 52960 (October 11, 1995), 72 the General Terms and Conditions of affiliates. FERC ¶ 61,300 (1995). 41784 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices control number.2 The title page of the SUPPLEMENTARY INFORMATION: (pounds or gallons as appropriate), total electronic tariff filing instructions Affected Entities: This action affects quantity (pounds or gallons as attached at Appendix A is revised to registrants of suspended and canceled appropriate), for each discrete pesticide. display the new expiration date for pesticides that are required to be Items 1, 2 and 3 would be provided OMB control number 1902–0154. No recalled. prior to the recall taking place. other changes to the instructions have Title: Recall of Suspended and Respondents will be requested to submit been made. Canceled Pesticides (EPA Form No. the information to the EPA Regional Lois D. Cashell, 1520.01), OMB No. 2070–0110, office having jurisdiction over the Secretary. Expiration Date: 9/30/96. company headquarters. Information that respondents are Abstract: Section 19(b) of the Federal Appendix A—Natural Gas Pipeline requested to collect and submit to the Insecticide Fungicide and Rodenticide Company Tariff Filings Revised Agency will be used for a variety of Act (FIFRA) authorizes the purposes. The information will give the Docket No. RM95–3–001 Administrator to order the recall of Agency an estimate of the amount of suspended and canceled pesticides by OMB Numbers/Expiration Date recalled pesticide being stored and the registrant of the pesticide and others allow the Agency to plan for 1902–0066—5/31/97 in the chain of distribution of the reimbursement of storage costs. The 1902–0070—5/31/97 pesticide. The information reported to Agency will also be better able to 1902–0152—5/31/97 the Agency will be used to ensure that allocate resources for payment of 1902–0153—5/31/97 the recalled pesticides were transported, 1902–0154—5/31/97 indemnification claims to users of the handled and stored safely, for suspended and canceled pesticide for 1902–0155—5/31/97 indemnification purposes, and to plan This document replaces the Tariff losses suffered as a result of the for Agency reimbursement for storage of suspension and cancellation as Filing Record Formats issued August 31, the recalled pesticides. 1989. authorized by section 15 of FIFRA. Pesticides subject to suspension and Finally, the Agency will use the [FR Doc. 96–20434 Filed 8–9–96; 8:45 am] cancellation actions have been found to information for compliance purposes, BILLING CODE 6717±01±M cause unreasonable adverse effects. The determining where recalled pesticides Agency has a special interest mitigating are being stored, the quantity being the hazards posed by stocks of the stored at each location and the adequacy ENVIRONMENTAL PROTECTION pesticide, including requiring that they of the storage facility as determined AGENCY be removed from the channels of through inspections. The information distribution and use by means of a collected will enable the Agency to [FRL 5551±2; (ICR # 1520.01 and OMB # recall. The Agency is also concerned 2070±0110)] target inspections efficiently. The that the recalled pesticide be information collected will be used by transported, handled and stored safely Agency Information Collection EPA Regional and State pesticide pending final disposition of the recalled Activities Up for Renewal compliance and enforcement staffs, the stocks. Finally, the Agency is concerned Office of Enforcement and Compliance AGENCY: Environmental Protection that the recalled pesticides undergo Assurance and the Office of Pesticide Agency (EPA). proper treatment, recovery, or disposal. Programs. ACTION: Notice. As part of the suspension and The EPA would like to solicit cancellation order, registrants of the comments to: (i) Evaluate whether the SUMMARY: In compliance with the pesticide in question will be requested proposed collection of information is Paperwork Reduction Act (44 U.S.C. to recall the suspended and canceled necessary for the proper performance of 3501 et seq. ), this notice announces that pesticide from the channels of the functions of the Agency, including the Information Collection Request (ICR) distribution and, if necessary, from the whether the information will have for Recall of Suspended and Canceled users of the pesticide. As part of the practical utility; Pesticides is coming up for renewal. recall, registrants will be requested to (ii) Evaluate the accuracy of the Before submitting the renewal package submit a report to the Administrator Agency’s estimate of the burden of the to the Office of Management and Budget which indicates who was contacted in proposed collection of information; (OMB), EPA is soliciting comments on carrying out the recall, the quantity of (iii) Enhance the quality, utility, and specific aspects of the collection as suspended and canceled pesticide in clarity of the information to be described below. their possession and where the recalled collected; and DATES: Comments must be submitted by pesticide is being stored. (iv) Minimize the burden of the October 11, 1996. EPA will not require respondents to collection of information on those who ADDRESSES: Office of Enforcement and fill out specific forms. However, EPA are to respond, including through the Compliance Assurance, Office of will establish a format into which use of automated collection techniques Compliance, Agriculture and respondents should organize the or other forms of information Ecosystems Division, Agriculture required data. The specific data that will technology, e.g., permitting electronic Branch (2225A), 401 M St., SW, be requested are: (1) A plan for submission of responses. Washington, DC 20460. contacting holders of the suspended and canceled pesticide; (2) how the Burden Statement FOR FURTHER INFORMATION CONTACT: suspended and canceled pesticide will Burden Hours per Response: 40 hours per Phyllis Flaherty, Chief, Agriculture be transported to a storage facility; (3) respondent which includes time for reading Branch, at 202–564–4131/fax: 202–564– the name and location of the storage the Federal Register or Notice of Intent to 0085 or David Stangel at 202–564–4162/ facility chosen and the criteria used for Cancel, plan activities, create and gather fax: 202–564–0085. information, process information, and record choosing the facility; and (4) the and report information. 2 A more extensive discussion of the significance quantity of suspended and canceled Frequency of Response: As necessary. of the OMB control number can be found in 75 pesticide by EPA Registration Number, Burden estimates are based on one recall FERC ¶ 61,106 (1996). number of containers, container size action per year. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41785

Number of Respondents: 40 respondents ICR describes the nature of the acquire, install, and utilize technology per recall action. information collection and its expected and systems for the purposes of Total Annual Reporting and burden and cost; where appropriate, it collecting, validating, and verifying Recordkeeping Burden: 1,600 hours. includes the actual data collection information, processing and Burden means the total time, effort, or instrument. maintaining information, and disclosing financial resources expended by persons DATES: Comments must be submitted on and providing information; adjust the to generate, maintain, retain, or disclose or before September 11, 1996. existing ways to comply with any or provide information to or for a FOR FURTHER INFORMATION OR A COPY previously applicable instructions and Federal agency. This includes the time CALL: Sandy Farmer at EPA, (202) 260– requirements; train personnel to be able needed to review instructions; develop, 2740, and refer to EPA ICR No. 801.11, to respond to a collection of acquire, install, and utilize technology OMB Control No. 2050–0039. information; search data sources; and systems for the purpose of complete and review the collection of collecting, validating, and verifying SUPPLEMENTARY INFORMATION information; and transmit or otherwise information, processing and Title: Requirements for Generators, disclose the information. maintaining information, and disclosing Transporters, and Waste Management Estimated Number of Respondents: and providing information; adjust the Facilities Under the RCRA Hazardous 214,395 generators, 500 transporters, existing ways to comply with any Waste Manifest System, ICR No. 801.11, 739 TSDFs, and 31 States having previously applicable instructions and OMB No.2050–0039. This request is an manifest programs which collect data requirements; train personnel to be able extension of a currently approved from waste handlers. to respond to a collection of collection. Frequency of Response: Annual information; search data sources; Abstract: EPA’s authority to require Frequency of Response per Waste complete and review the collection of compliance with the manifest system Handler is 341 for generators, 5,241 for information; and transmit or otherwise stems primarily from RCRA § 3002(a)(5). Transporters, and 3,059 for TSDFs. disclose the information. This section mandates a hazardous Estimated Total Annual Hour Burden: No person is required to respond to a waste manifest system to assure that all 2,822,873 hours. collection of information unless it hazardous waste generated is designated Estimated Total Annualized Cost displays a currently valid OMB control for and arrives at the appropriate Burden: $1,292,772. number. The OMB control number for treatment, storage, disposal facility. An Send comments on the Agency’s need EPA’s regulations are displayed in 40 essential part of the manifest system is for this information, the accuracy of the CFR Part 9. the Uniform Hazardous Waste Manifest provided burden estimates, and any Send comments regarding these (Form 8700–22A). The manifest is a suggested methods for minimizing matters, or any other aspect of the tracking document that accompanies the respondent burden, including through information collection, including waste from its generation site to its final the use of automated collection suggestions for reducing the burden, to disposition. The manifest lists the techniques to the following addresses. the address listed above. wastes that are being shipped and the Please refer to EPA ICR No. 801.11 and Dated: August 5, 1996. final destination of the waste. OMB Control No. 2050–0039 in any Elaine E. Stanley, An agency may not conduct or correspondence. Director, Office of Compliance, Office of sponsor, and a person is not required to Ms. Sandy Farmer, U.S. Environmental Enforcement and Compliance Assurance. respond to, a collection of information Protection Agency, OPPE Regulatory [FR Doc. 96–20461 Filed 8–9–96; 8:45 am] unless it displays a currently valid OMB Information Division (2137), 401 M BILLING CODE 6560±50±U control number. The OMB control Street, SW, Washington, DC 20460. numbers for EPA’s regulations are listed and in 40 CFR Part 9 and 48 CFR Chapter [FRL±5551±6] Office of Information and Regulatory 15. The Federal Register Notice Affairs, Office of Management and required under 5 CFR 1320.8(d), Agency Information Collection Budget, Attention: Desk Officer for soliciting comments on this collection Activities: Submission for OMB EPA, 725 17th Street, NW, of information was published on April Review; Comment Request; Washington, DC 20503. 1, 1996 (61 FR 14303); 8 comments were Requirements for Generators, received. Dated: August 5, 1996. Transporters, and Waste Management Burden Statement: The reporting Joseph Retzer, Facilities Under the RCRA Hazardous burden per response for this collection Director, Regulatory Information Division. Waste Manifest System of information is estimated to average 25 [FR Doc. 96–20462 Filed 8–9–96; 8:45 am] AGENCY: Environmental Protection minutes for generators, 10 minutes for BILLING CODE 6560±50±P Agency (EPA). transporters, and 10 minutes for ACTION: Notice. treatment, storage and disposal facilities. The record keeping burden [FRL±5551±5] SUMMARY: In compliance with the per response for this collection of Agency Information Collection Paperwork Reduction Act (44 information is estimated to average 6 Activities Under OMB Review; NSPS U.S.C.3501 et seq.),this notice minutes for generators, 6 minutes for for Automobile and Light Duty Truck announces that the following transporters, and 6 minutes for Surface Coating Operations (Subpart Information Collection Request (ICR) treatment, storage and disposal MM) OMB #2060±0034; EPA #1064.07 has been forwarded to the Office of facilities. Management and Budget (OMB) for Burden means the total time, effort, or AGENCY: Environmental Protection review and approval: Requirements for financial resources expended by persons Agency (EPA). Generators, Transporters, and Waste to generate, maintain, retain, or disclose ACTION: Notice. Management Facilities Under the RCRA or provide information to or for a Hazardous Waste Manifest System, ICR Federal agency. This includes the time SUMMARY: In compliance with the No. 801.11, OMB No. 2050–0039. The needed to review instructions; develop, Paperwork Reduction Act (44 U.S.C. 41786 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

3507(a)(1)(D), this notice announces that time needed to review instructions; the following Information Collection the Information Collection Request (ICR) develop, acquire, install, and utilize Request (ICR) has been forwarded to the for Standards of Performance for New technology and systems for the purposes Office of Management and Budget Stationary Sources—Automobile and of collecting, validating, and verifying (OMB) for review and approval: ‘‘1996 Light Duty Truck Surface Coating information, processing and Metal Products and Machinery (MP&M) Operations—Subpart MM) described maintaining information, and disclosing Industry Phase II Survey’’ (EPA ICR No. below has been forwarded to the Office and providing information; adjust the 1787.01). The ICR describes the nature of Management and Budget (OMB) for existing ways to comply with any of the information collection, the review and comment. The ICR describes previously applicable instructions and anticipated burden the data collection the nature of the information collection requirements; train personnel to be able will create on recipient facilities, and and its expected burden and cost; where to respond to a collection of the statistical sampling plan EPA will appropriate, it includes the actual data information; search data sources; use to distribute the data collection collection instrument. complete and review the collection of instruments. The ICR also includes DATES: Comments must be submitted on information; and transmit or otherwise representative copies of the specific data or before September 11, 1996. disclose the information. collection instruments that will be FOR FURTHER INFORMATION OR A COPY Respondents/Affected Entities: distributed to the public. CALL: Sandy Farmer at EPA, (202) 260– automobile and light duty truck surface DATES: Comments and requests for 2740, and refer to EPA ICR No. 1064.07. coating operations. information must be received by EPA no Estimated Number of Respondents: later than September 11, 1996. SUPPLEMENTARY INFORMATION: 47. ADDRESSES: The public may contact Title: Standards of Performance for Frequency of Response: 4. Sandy Farmer at the EPA for a copy of Automobile and Light Duty Truck Estimated Number of Responses: 182. ICR 1787.01. Ms. Farmer may be Surface Coating Operations (Subpart Estimated Total Annual Hour Burden: reached by mail at: U.S. EPA, OPPE MM) OMB Control No. 2060–0034; EPA 2,635.3 hours. Regulatory Information Division (Mail ICR No. 1064.07). This is a request for Estimated Total Annualized Cost Code 2137), 401 M Street S.W., extension of a currently approved Burden: $0. Washington, DC 20460; or by telephone collection. Send comments on the Agency’s need at (202) 260–2740. The ICR will be Abstract: Owners/operators of for this information, the accuracy of the available either as hard-copy or as automobile and light duty truck surface provided burden estimates, and any electronic media (e.g., 1.44MB disks). coating operations must notify EPA of suggested methods for minimizing construction, modification, startups, respondent burden, including through SUPPLEMENTARY INFORMATION: shut downs, date and results of initial the use of automated collection Title: Information Collection Request performance test. Monitoring techniques to the following addresses. for the 1996 Metal Products and requirements specific to automobile and Please refer to EPA ICR No. 1064.07 and Machinery Industry Phase II Survey light duty truck surface coating OMB Control No. 2060–0034 in any (EPA ICR No. 1787.01). This is a new operations consist of monitoring both correspondence. collection. VOC emissions and incineration Ms. Sandy Farmer, U.S. Environmental Abstract: The Metal Products and temperatures. Protection Agency, OPPE Regulatory Machinery (MP&M) Phase II survey is In order to ensure compliance with Information Division (2137), 401 M intended to collect, from industry and the standards promulgated to protect Street, SW, Washington, DC 20460. other affected entities, the type of public health, adequate reporting and and technical and economic information recordkeeping is necessary. In the Office of Information and Regulatory required by EPA to develop effluent absence of such information Affairs, Office of Management and limitations guidelines for MP&M Phase enforcement personnel would be unable Budget, Attention: Desk Officer for II activities. The MP&M Phase II to determine whether the standards are EPA, 725 17th Street, NW, activities include those operations being met on a continuous basis, as Washington, DC 20503. performed at sites that manufacture, required by the Clean Air Act. maintain, or repair metal products and An agency may not conduct or Dated: August 6, 1996. machinery included in the following sponsor, and a person is not required to Joseph Retzer, industry categories: motor vehicles (i.e., respond to, a collection of information Director, Regulatory Information Division. automotive industry activities— unless it displays a currently valid OMB [FR Doc. 96–20463 Filed 8–9–96; 8:45 am] excluding automotive filling stations), control number. The OMB control BILLING CODE 6560±50±U bus & truck, railroad, office machines, numbers for EPA’s regulations are listed household equipment, instruments (i.e., in 40 CFR Part 9 and 48 CFR Chapter measurement and control instruments), 15. The Federal Register Notice [FRL±5551±4] precious metals, ships & boats, and required under 5 CFR 1320.8(d), Agency Information Collection other metal products (i.e., previously soliciting comments on this collection Activities: Submission for OMB described as ‘‘non-precious’’ metals). of information was published on Review; Comment Request; ``1996 Such entities may be privately owned or September 29, 1995. Metal Products and Machinery Industry may be owned by the federal Burden Statement: The annual public Phase II Survey'' government or by state/local reporting and recordkeeping burden for governments. In addition to the directly this collection of information is AGENCY: Environmental Protection affected entities listed above, the EPA estimated to average 56 hours per Agency. also plans to collect information related response. Burden means the total time, ACTION: Notice. to the regulatory burden that would be effort, or financial resources expended created by implementation of a final by persons to generate, maintain, retain, SUMMARY: In compliance with the MP&M Phase II rule on the state/local or disclose or provide information to or Paperwork Reduction Act (44 U.S.C. governmental authorities responsible for for a Federal agency. This includes the 3501 et seq.), this notice announces that operating the affected publicly owned Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41787 treatment works (POTWs) and issuing and verifying information, processing on the recipients of the ‘‘short’’ permits. and maintaining information, and industrial survey. EPA is required under Section 304(m) disclosing and providing information; 3. EPA estimates the total number of of the Clean Water Act (CWA) of 1987 adjust the existing ways to comply with pages the public will have to complete (Federal Water Pollution Control Act, 33 any previously applicable instructions to respond to the MP&M Phase II data U.S.C. 1314[m]) to promulgate new and requirements; train personnel to be collection will be 73% fewer than the effluent limitations guidelines. As the able to respond to a collection of total number of pages that were result of a lawsuit by the Natural information; search data sources; completed to respond to the MP&M Resources Defense Council, Inc. (NRDC) complete and review the collection of Phase I survey effort. and Public Citizen, Inc. (NRDC et al v. information; and transmit or otherwise Send comments on the Agency’s need Reilly, Civ. No. 89–2980), a Consent disclose the information. for this information, the accuracy of the Decree was entered by the Court on The total nationwide public reporting provided burden estimates, and any January 31, 1992 that established the and recordkeeping burden for this suggested methods for minimizing schedule for promulgating numerous information collection is estimated to be respondent burden, including through effluent limitations guidelines including 77,372 hours or $3,481,740. The the use of automated collection the MP&M Phase II rule. Thus, EPA is nationwide burden will be distributed techniques to the following addresses. required under a court order stemming among the 5,735 survey respondents in Please refer to EPA ICR No. 1787.01 in from the CWA to promulgate the MP&M accordance with the type of survey (or any inquiry. Phase II rule. Because this survey will surveys) sent to each of the recipient Ms. Sandy Farmer (Mail Code 2137), be issued under authority of Section 308 sites. The majority of the sites will U.S. EPA, OPPE Regulatory of the CWA of 1987 (Federal Water receive only the Industrial Screener Information Division, 401 M Street Pollution Control Act, U.S.C. Section Survey. Each of these sites will only S.W., Washington, DC 20460. 1318), responses from the data have an estimated burden of 1.7 hours and collection survey instrument recipients or $77. The sites that will experience Office of Information and Regulatory are mandatory. The data collected from the highest level of burden will receive Affairs, Office of Management and this survey will provide EPA with the the Industrial Screener Survey and the Budget, Attention: Desk Officer for the technical and economic information ‘‘Long’’ Comprehensive Industrial EPA, 725 17th Street N.W., required to effectively evaluate Survey. Only 275 sites will receive this Washington, DC 20503. pollution control technologies and the combination of surveys. Each of these economic achievability of the final rule. sites will have the burden of the Dated: August 2, 1996. EPA will consider both technical screener survey and an estimated Joseph Retzer, performance and economic additional burden of 208 hours or Director, Regulatory Information Division. achievability (including cost $9,360 to complete the ‘‘Long’’ [FR Doc. 96–20464 Filed 8–9–96; 8:45 am] effectiveness analyses of alternative Comprehensive Industrial Survey. BILLING CODE 6560±50±P pollution control technologies) when EPA made every effort possible to developing the final regulations. reduce the national reporting burden An Agency may not conduct or associated with this data collection. FEDERAL ELECTION COMMISSION sponsor, and a person is not required to EPA measured the reductions in burden respond to, an information collection by comparing the MP&M Phase I data Sunshine Act Meeting; National unless it displays a currently valid OMB collection (conducted from 1990 to Clearinghouse on Election control number. The OMB control 1992) burden with the burden estimated Administration numbers for EPA’s regulations are listed for the current data collection. EPA also in 40 CFR Part 9 and 48 CFR Chapter examined the results from the already In accordance with the provisions of 15. The Federal Register notice completed MP&M Phase I data the Federal Advisory Committee Act (5 announcing the impending submission collection and used these results to U.S.C. App. I) and Office of of the MP&M Phase II Survey ICR to improve the MP&M Phase II survey Management and Budget Circular A–63, OMB, as required under the Paperwork documents. The following are examples as revised, the Federal Election Reduction Act’s regulations at 5 CFR of how EPA reduced the burden Commission announces the following 1320.8(d), was published on December associated with the current data Advisory Panel meeting. 12, 1995. Comments from the public collection relative to the already Name: Federal Election Commission regarding the December 12, 1995 completed MP&M Phase I effort: Election Administration Advisory Panel. announcement were received by the 1. EPA reduced the total number of Date: 23–24 August 1996. Agency. These comments, and EPA’s Industrial Screener Surveys that will be Place: ANA Hotel, 2401 M Street, NW., responses, are presented as Appendix 6 mailed by 22% even though there are Washington, DC 20037. in the MP&M Phase II Survey ICR. estimated to be 150% more MP&M Time: Burden Statement: The one-time Phase II sites than MP&M Phase I sites. 0830–1200; 1330–1700 on August 23 public reporting and recordkeeping 2. EPA developed a ‘‘Short’’ 0900–1200; 1300–1430 on August 24 burden for this collection of information Comprehensive Industrial Survey Proposed Agenda is estimated to range from 1.7 to 208 instrument that will be sent to facilities Use of the Internet by Election Officials; hours per response, depending on the discharging less than 1,000,000 gallons Progress in Computerizing Statewide survey completed. Burden means the per year of processed wastewater. EPA Election Systems; NVRA Reporting total time, effort, or financial resources anticipates that many of these low-flow Requirements; Important Changes in Federal expended by persons to generate, sites will be small businesses. Based on Election Law; Commercializing Voter maintain, retain, or disclose or provide a pretest, EPA found that the ‘‘short’’ Registration; The Future of Polling Place information to or for a Federal agency. industrial survey will require only 7.9 Accessibility; Downsizing Election This includes the time needed to review hours to complete, while the ‘‘Long’’ Operations. instructions; develop, acquire, install, Comprehensive Industrial Survey will Purpose of the Meeting and utilize technology and systems for require 208 hours to complete. Thus, The Panel will present their views on the purposes of collecting, validating, EPA is significantly reducing the burden problems in the administration of Federal 41788 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices elections, and formulate recommendations to and regulations to become a bank § 225.25(b)(1) of the Board’s Regulation the Federal Election Commission Office of holding company and/or to acquire the Y, and to acquire Financial Data Election Administration for its future assets or the ownership of, control of, or Technology, Inc., Franklin, Tennessee, program development. the power to vote shares of a bank or and thereby engage in data processing The Advisory Panel meeting is open to the public, dependent on available space. Any bank holding company and all of the activities pursuant to § 225.25(b)(7) of member of the public may file a written banks and nonbanking companies the Board’s Regulation Y. These statement with the Panel before, during, or owned by the bank holding company, activities will be conducted throughout after the meeting. To the extent that time including the companies listed below. the State of Tennessee. permits, the Panel Chair may allow public The applications listed below, as well 2. Colony Bankcorp, Inc., Fitzgerald, presentation or oral statements at the as other related filings required by the Georgia; to acquire 100 percent of the meeting. Board, are available for immediate voting shares of Broxton State Bank, All communications regarding the inspection at the Federal Reserve Bank Broxton, Georgia. Advisory Panel should be addressed to indicated. Once the application has 3. First Bankshares of West Point, Penelope Bonsall, Office of Election been accepted for processing, it will also Inc., West Point, Georgia; to merge with Administration, Federal Election Commission, 999 E Street NW, Washington, be available for inspection at the offices Canebrake Bancshares, Inc., Uniontown, DC 20463. of the Board of Governors. Interested Alabama, and thereby indirectly acquire Dated: August 8, 1996. persons may express their views in First State Bank of Uniontown, writing on the standards enumerated in Uniontown, Alabama. Marjorie W. Emmons, the BHC Act (12 U.S.C. 1842(c)). If the B. Federal Reserve Bank of St. Louis Secretary to the Commission. proposal also involves the acquisition of (Randall C. Sumner, Vice President) 411 [FR Doc. 96–20638 Filed 8–8–96; 3:03 pm] a nonbanking company, the review also Locust Street, St. Louis, Missouri 63166: BILLING CODE 6715±01±M includes whether the acquisition of the 1. First Banks, Inc., Creve Coeur, nonbanking company complies with the Missouri; to acquire 100 percent of the standards in section 4 of the BHC Act, voting shares of Sunrise Bancorp, Inc., FEDERAL MARITIME COMMISSION including whether the acquisition of the Roseville, California, and thereby nonbanking company can ‘‘reasonably indirectly acquire Sunrise Bank of Ocean Freight Forwarder License be expected to produce benefits to the California, Roseville, California. Applicants public, such as greater convenience, 2. LandMark Bancshares of Texas, Notice is hereby given that the increased competition, or gains in Inc., Columbia, Missouri; to become a following applicants have filed with the efficiency, that outweigh possible bank holding company by acquiring 100 Federal Maritime Commission adverse effects, such as undue percent of the voting shares of Itasca applications for licenses as ocean freight concentration of resources, decreased or State Bank, Itasca, Texas. 3. The Landrum Company, Columbia, forwarders pursuant to section 19 of the unfair competition, conflicts of Missouri; to acquire 100 percent of the Shipping Act of 1984 (46 U.S.C. app. interests, or unsound banking practices’’ voting shares of LandMark Bancshares 1718 and 46 CFR 510). (12 U.S.C. 1843). Any request for Persons knowing of any reason why a hearing must be accompanied by a of Texas, Inc., Columbia, Missouri. any of the following applicants should statement of the reasons a written Board of Governors of the Federal Reserve not receive a license are requested to presentation would not suffice in lieu of System, August 6, 1996. contact the Office of Freight Forwarders, a hearing, identifying specifically any Jennifer J. Johnson Federal Maritime Commission, questions of fact that are in dispute, Deputy Secretary of the Board Washington, D.C. 20573. summarizing the evidence that would [FR Doc. 96–20447 Filed 8–9–96; 8:45 am] be presented at a hearing, and indicating BILLING CODE 6210±01±F Infiniti Shipping Inc., 1805 Stevens Avenue, how the party commenting would be Merrik, NY 11566, Officers: Clifford Edwin aggrieved by approval of the proposal. Serie, President, Paul Clifford Serie, Vice President Unless otherwise noted, nonbanking Notice of Proposals to Engage in Demars International Export Import, 55–12 activities will be conducted throughout Permissible Nonbanking Activities or Broadway, Long Island City, NY 11106, the United States. to Acquire Companies that are Dean Dujmovic, Sole Proprietor Unless otherwise noted, comments Engaged in Permissible Nonbanking Elite Freight Forwarders Inc., 9 Ridgewood regarding each of these applications Activities Avenue, Glen Ridge, NJ 07028, Officer: must be received at the Reserve Bank Percival Bramble, Jr., President indicated or the offices of the Board of The companies listed in this notice Dated: August 7, 1996. Governors not later than September 5, have given notice under section 4 of the Joseph C. Polking, 1996. Bank Holding Company Act (12 U.S.C. Secretary. A. Federal Reserve Bank of Atlanta 1843) (BHC Act) and Regulation Y, (12 [FR Doc. 96–20418 Filed 8–9–96; 8:45 am] (Zane R. Kelley, Vice President) 104 CFR Part 225) to engage de novo, or to Marietta Street, N.W., Atlanta, Georgia acquire or control voting securities or BILLING CODE 6730±01±M 30303: assets of a company that engages either 1. Citizens Corporation, and Harrison directly or through a subsidiary or other Group, Inc., both of Franklin, company, in a nonbanking activity that FEDERAL RESERVE SYSTEM Tennessee; to become bank holding is listed in § 225.25 of Regulation Y (12 Formations of, Acquisitions by, and companies by each acquiring 61 percent CFR 225.25) or that the Board has Mergers of Bank Holding Companies of the voting shares of Peoples State determined by Order to be closely Bancshares, Inc., Grant, Alabama, and related to banking and permissible for The companies listed in this notice thereby indirectly acquire Peoples State bank holding companies. Unless have applied to the Board for approval, Bank, Grant, Alabama. otherwise noted, these activities will be pursuant to the Bank Holding Company In connection with this application, conducted throughout the United States. Act of 1956 (12 U.S.C. 1841 et seq.) Citizens Corporation and Harrison Each notice is available for inspection (BHC Act), Regulation Y (12 CFR Part Group, Inc., to engage directly in at the Federal Reserve Bank indicated. 225), and all other applicable statutes mortgage lending activities pursuant to Once the notice has been accepted for Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41789 processing, it will also be available for in making consumer finance loans supervision of the Plan is carried out in inspection at the offices of the Board of pursuant to § 225.25(b)(1)(i) of the a responsible and efficient manner and Governors. Interested persons may Board’s Regulation Y. with appropriate public participation, express their views in writing on the Board of Governors of the Federal Reserve The Parties to This Memorandum Do question whether the proposal complies System, August 6, 1996. Hereby Agree: I. Property Development—If GSA with the standards of section 4 of the Jennifer J. Johnson BHC Act, including whether decides to develop any property subject Deputy Secretary of the Board consummation of the proposal can to the Plan, the following procedures ‘‘reasonably be expected to produce [FR Doc. 96–20448 Filed 8–9–96; 8:45 am] shall apply: benefits to the public, such as greater BILLING CODE 6210±01±F A. GSA shall prepare (with the advice convenience, increased competition, or of NCPC) the Request for Proposals gains in efficiency, that outweigh (RFP); possible adverse effects, such as undue GENERAL SERVICES B. GSA shall convene a panel that concentration of resources, decreased or ADMINISTRATION shall include a representative from unfair competition, conflicts of NCPC staff to review submitted interests, or unsound banking practices’’ DEPARTMENT OF THE INTERIOR proposals. The panel, before making its final determination, shall ensure that (12 U.S.C. 1843). Any request for a National Park Service hearing on this question must be the selected proposal has been evaluated by a design committee accompanied by a statement of the NATIONAL CAPITAL PLANNING assembled by GSA to ensure high reasons a written presentation would COMMISSION not suffice in lieu of a hearing, quality building and urban design. The identifying specifically any questions of Memorandum of Agreement Among design committee shall include a fact that are in dispute, summarizing the the General Services Administration, representative from NCPC. Once GSA evidence that would be presented at a the Department of the InteriorÐ has made a selection, GSA shall hearing, and indicating how the party National Park Service and the National transmit a copy of the selected proposal commenting would be aggrieved by Capital Planning Commission to NCPC prior to contract award. NCPC approval of the proposal. staff will have 10 calendar days to Unless otherwise noted, comments This Memorandum of Agreement consider whether the proposed selection regarding the applications must be (Memorandum) is entered into by and conforms to the Plan and the General received at the Reserve Bank indicated among the General Services and Square Guidelines. In this or the offices of the Board of Governors Administration (GSA), the Department document, whenever a review period not later than August 26, 1996. of the Interior—National Park Service ends on a Saturday, Sunday or a legal A. Federal Reserve Bank of Cleveland (NPS), and the National Capital holiday, the review shall conclude on (R. Chris Moore, Senior Vice President) Planning Commission (NCPC) for the the next day which is not a Saturday, 1455 East Sixth Street, Cleveland, Ohio purpose of ensuring that development Sunday or legal holiday. 44101: and redevelopment within the 1. If, within the 10 calendar day 1. Mellon Bank Corporation, Pennsylvania Avenue area (as defined review period, NCPC staff informs GSA Pittsburgh, Pennsylvania; and The in 40 U.S.C. 871(f)) complies with the in writing that NCPC believes that the Chase Manhattan Corporation, New Pennsylvania Avenue Plan of 1974 proposed selection conforms with the York, New York, to acquire through (Plan), as amended, and the Plan, the General and Square their joint venture ChaseMellon Pennsylvania Avenue Development Guidelines, GSA may proceed to Shareholder Services, L.L.C., Ridgefield Corporation’s General Guidelines and contract award. Unless otherwise Park, New Jersey, certain assets relating Square Guidelines. agreed, failure of NCPC to act within 10 to the shareholder service business of Whereas, Public Law 104–134 calendar days shall be construed to Wells Fargo Bank, N.A., San Francisco, abolishes the Pennsylvania Avenue mean that NCPC finds that the proposed California, and certain of its affiliated Development Corporation (PADC) as of selection conforms with the Plan, the banks pursuant to § 225.25(b)(3) of the April 1, 1996, General and Square Guidelines. Board’s Regulation Y. Comments Whereas, Public Law 104–134 2. If, within the 10 calendar day regarding this application must be requires that all rights, title and interest review period, NCPC staff informs GSA received by August 23, 1996. in and to all property held in the name that NCPC believes that the proposed B. Federal Reserve Bank of Chicago of the Pennsylvania Avenue selection does not conform with the (James A. Bluemle, Vice President) 230 Development Corporation be transferred Plan, the General and/or Square South LaSalle Street, Chicago, Illinois to the General Services Administration Guidelines, NCPC shall provide GSA 60690: or the Department of the Interior— with a written statement explaining 1. Capitol Bankshares, Inc., Madison, National Park Service, NCPC’s reasons for so concluding. GSA, Wisconsin; to engage de novo through Whereas, Public Law 104–134 upon consideration of NCPC’s written its subsidiary Capitol Mortgage transfers PADC’s responsibilities with statement may either: Corporation, Madison, Wisconsin, in respect to amending, completing, a. Accept NCPC’s view and either making and servicing loans, pursuant to redeveloping, and ensuring compliance reject the proposal or require the § 225.25(b)(1) of the Board’s Regulation with the Plan to GSA and NCPC, selected offeror to submit a proposed Y. Whereas, GSA, NPS, and NCPC amendment of the Plan, the General C. Federal Reserve Bank of Kansas intend to encourage and facilitate the and/or Square Guidelines and follow City (John E. Yorke, Senior Vice continued development of the the procedures set forth below in President) 925 Grand Avenue, Kansas Pennsylvania Avenue area in a manner paragraphs I.C. (Plan amendment) and City, Missouri 64198: that builds on and reinforces the past I.D. (General and Square Guidelines 1. King Bancshares, Inc., Kingman, achievements of PADC in restoring amendment), as appropriate, or Kansas to engage de novo through its Pennsylvania Avenue and its environs, b. Work with NCPC staff to reconcile subsidiary, Western Credit, Inc., Whereas, GSA, NPS, and NCPC wish differences in view regarding the need Hutchinson, Kansas, and thereby engage to work in partnership to ensure that the for amendment of the Plan, the General 41790 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices and/or Square Guidelines. If, after good Works and the Committee on conversion, rebuilding, enlargement, faith efforts, no resolution is reached, Appropriations of the Senate. If after 60 extension, or major structural GSA may reject NCPC’s view and legislative days, none of the committees improvement of property, but not provide a written memorandum that has disapproved of the proposed including ordinary maintenance or explains GSA’s reasons for rejecting amendment of the Plan, GSA shall remodeling or changes necessary to NCPC’s view and proceed to contract amend the Plan, transmit a copy of the continue occupancy): award. amendment to the Plan to NPS and A. The property owner shall submit C. If the proposal that GSA selects NCPC, and award the contract. its proposed redevelopment plan to requires an amendment to the Plan, 4. If NPS and/or NCPC does not GSA and NCPC in writing. GSA shall transmit the selected offeror’s support amendment of the Plan or if B. GSA shall make an initial proposal for Plan amendment (along GSA does not accept the proposed determination of whether the proposal with all relevant documentation) to NPS modifications to the Plan amendment conforms to the Plan, the General and and NCPC for review and comment. proposal, GSA, NPS and NCPC will Square Guidelines. GSA’s selection of a proposal that will meet and attempt to reconcile their 1. If GSA believes that the proposal require Plan amendment and referral to views. If no resolution can be reached, conforms to the Plan, the General and NPS and NCPC shall constitute GSA GSA may transmit the proposal for a Square Guidelines, GSA shall notify support for Plan amendment. Plan amendment to the Congressional NCPC of its determination. NCPC staff 1. Within 30 calendar days of committees named in paragraph I.C.3. In will have 10 calendar days to consider receiving a proposal for a Plan its submission to the Congressional whether the proposal conforms to the amendment, NPS shall advise GSA and committees, GSA shall include a written Plan, the General and Square NCPC whether the proposed Plan statement from NPS and/or NCPC Guidelines. Unless otherwise agreed, amendment affects the Secretary of explaining the reasons for opposing the failure of NCPC to act within 10 Interior’s responsibilities for the proposal for Plan amendment and a calendar days shall be considered administration, protection, and written statement from GSA and, when agreement with GSA’s view. development of the areas within the appropriate, either NPS or NCPC a. If within the 10 calendar day Pennsylvania Avenue National Historic explaining the reasons for supporting review period, NCPC staff informs GSA Site. If NPS determines that a proposed the Plan amendment. If after 60 in writing that NCPC believes that the Plan amendment affects these legislative days, none of the committees proposal will not require an amendment responsibilities, NPS shall notify GSA has disapproved of the proposed to the Plan, the General and/or Square and NCPC of its support of, amendment of the Plan, GSA shall Guidelines, GSA may approve the recommended modifications to or amend the Plan, transmit a copy of the proposal. opposition to the proposed Plan amendment to the Plan to NPS and b. If within the 10 calendar day amendment from the standpoint of the NCPC, and award the contract. review period, NCPC staff informs GSA compatibility of the Plan amendment D. If the proposal that GSA selects that NCPC believes that the proposal with the Secretary’s responsibilities for requires an amendment to the General will require amendment of the Plan, the the administration, protection, and and/or Square Guidelines, GSA shall General and/or Square Guidelines, development of the areas within the transmit the selected offeror’s proposal NCPC shall provide GSA with a written Pennsylvania Avenue National Historic for amendment (along with all relevant statement explaining NCPC’s reasons for Site. Unless otherwise agreed, GSA and documentation) to NCPC for review and concluding that an amendment is NCPC may deem a failure of NPS to act comment. GSA’s selection of a proposal necessary. GSA, upon consideration of within 30 calendar days as a that will require amendment of the NCPC’s written statement may, at its determination that the proposal does General and/or Square Guidelines and discretion, either: not affect the Secretary of the Interior’s referral to NCPC shall constitute GSA (1) Accept NCPC’s view and either responsibilities for the administration, support for the proposed amendment. In reject the proposal or require the protection, and development of the considering amendments to the General property owner to submit a proposed areas within the Pennsylvania Avenue and/or Square Guidelines, GSA and amendment to the Plan, the General National Historic Site. NCPC shall follow the same procedures and/or Square Guidelines (along with 2. Within 45 calendar days of and time frames that apply to proposals all relevant documentation) and follow receiving a proposal for a Plan to amend the Plan (set forth above in the procedures set forth in paragraphs amendment and after consideration by I.C.) with the exception that proposed I.C. (Plan amendment) and I.D. (General NCPC in public session, NCPC shall amendments to General and Square and Square Guidelines amendment), or advise GSA of its views on the proposed Guidelines need not be submitted either (2) Work with NCPC staff to attempt Plan amendment. NCPC may support, to NPS or to the Congressional to reconcile differences in view recommend modification of or oppose committees named in paragraph I.C.3. regarding the need for amendment of the proposed amendment. Unless E. After a contract has been awarded, the Plan, the General and/or Square otherwise agreed, failure of NCPC to act the selected developer shall work Guidelines. If, after good faith efforts, no within 45 calendar days shall be closely with GSA. All designs, resolution is reached, GSA may reject deemed acceptance of the proposed drawings, schematics, legal documents NCPC’s view and approve the proposal. Plan amendment. or other documents associated with the GSA shall provide to NCPC a written 3. If NPS and NCPC support an project shall be submitted to GSA, memorandum explaining its reasons for amendment to the Plan or if GSA unless otherwise specified in the rejecting NCPC’s view. accepts the proposed modifications to contract. 2. If GSA believes that the proposal the Plan amendment proposal, GSA II. Property Redevelopment (Major will require amendment of the Plan, the shall transmit the proposed Plan Modifications)—If a property owner General and/or Square Guidelines and amendment to the Committee on wishes to redevelop property or make GSA does not support the proposed Transportation and Infrastructure and any renovations that will change the amendment, the property owner may the Committee on Appropriations of the existing character or use of a building, not proceed with the proposal. If GSA House of Representatives and the structure, or site within the Plan area believes that the proposal will require Committee on Environment and Public (including substantial remodeling, an amendment of the Plan, the General Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41791 and/or Square Guidelines and GSA residential as well as commercial the Plan, it shall transmit a proposal to supports such an amendment, GSA occupancy of Pennsylvania Avenue; GSA and NCPC (along with all relevant shall transmit the proposal (along with encouraging cultural activities along documentation) for consideration. NCPC all relevant documentation) to NCPC Pennsylvania Avenue; and maintaining and GSA shall have 45 calendar days to which shall follow the procedures a sense of historic continuity and consider NPS proposals for Plan described above in paragraphs I.C. (Plan evolution. amendment. amendment) and I.D. (General and B. GSA shall transmit a proposal for Square Guidelines amendment), as an amendment to the General and/or A. If NCPC and GSA accept NPS’s appropriate. If GSA believes that the Square Guidelines (along with all proposal for Plan amendment, GSA proposal will require an amendment of relevant documentation) to NCPC and shall transmit the proposal to the the Plan, GSA will also transmit the follow the procedures set forth above in Congressional committees named in proposal (along with all relevant paragraph I.D. paragraph I.C.3. If after 60 legislative documentation) to NPS and follow the V. NCPC Proposals for Plan, General days, none of the committees has procedures described above in and/or Square Guidelines disapproved of the proposed paragraph I.C. (Plan amendment). Amendments—If NCPC wishes to amendment of the Plan, GSA shall III. Priority Redevelopment (Minor amend the Plan, the General and/or amend the Plan and transmit a copy of Modifications)—If a property owner Square Guidelines, NCPC shall transmit the amendment to the Plan to NPS and wishes to make any modifications to a a proposal to NPS and GSA (along with NCPC. If NCPC and/or GSA does not building, structure, or site within the all relevant documentation) for accept NPS’s proposal for Plan Plan area that will not significantly consideration. NPS and GSA shall have amendment, NPS, GSA and NCPC shall change the existing character or use of 45 calendar days to consider proposals work together to reconcile differences in the property (e.g., installation of for Plan amendment. GSA shall have 30 view. If, after good faith efforts, no days to consider proposals for awnings, outdoor cafe tables), the mutually acceptable resolution is property owner shall notify GSA and amendment of General and/or Square reached, GSA may, at its discretion, take NCPC in writing prior to applying for a Guidelines. no further action with respect to the D.C. building permit. If, within five A. If NPS and GSA accept NCPC’s calendar days after receiving proposal for Plan amendment, GSA proposal or transmit the proposal for a notification from the property owner, shall transmit the proposal to the Plan amendment to the Congressional NCPC staff does not notify GSA of its Congressional committees named in committees named in paragraph I.C.3. view that the proposed modification paragraph I.C.3. If after 60 legislative along with a written statement does not conform with the Plan, the days, none of the committees has explaining NCPC and/or GSA’s reasons General and/or Square Guidelines, GSA disapproved of the proposed for not supporting NPS’s proposed Plan may proceed with its review of the amendment of the Plan, GSA shall amendment and a written statement proposal. If NCPC staff believes that the amend the Plan and transmit a copy of from NPS explaining its reasons for proposed modification will require an the amendment to the Plan to NPS and supporting its proposed Plan amendment to the Plan, the General NCPC. If NPS and/or GSA does not amendment. accept NCPC’s proposal for Plan and/or Square Guidelines, NCPC and VII. Review of Building Permits— amendment, NPS, GSA and NCPC shall GSA shall follow the procedures set NCPC staff shall review D.C. building forth in paragraph II.B.1.b. (Property work together to reconcile differences in permit applications for non-federal Redevelopment—Major Modification). If view. If, after good faith efforts, no buildings and, where appropriate, GSA determines that the proposed mutually acceptable resolution is change does not conform to the Plan, reached, GSA may, at its discretion, take certify to the D.C. government, prior to the General and/or Square Guidelines, no further action with respect to the issuance of a building permit, that the GSA, NPS and NCPC shall follow the proposal or transmit the proposal for a work for which the building permit procedures set forth above in paragraphs Plan amendment to the Congressional application has been made is not I.C. (Plan amendment) and I.D. (General committees named in paragraph I.C.3. inconsistent with the Plan. and Square Guidelines amendment), as along a written statement from NPS VIII. Savings Provision—Nothing in appropriate. and/or GSA explaining the reasons for this agreement should be construed to IV. GSA Proposals for Plan, General opposing NCPC’s proposed Plan alter or amend any of NCPC’s previously and/or Square Guidelines amendment and a written statement existing responsibilities or authorities, Amendment—If GSA wishes to amend from NCPC explaining its reasons for including Section 5 of the National the Plan, the General and/or Square supporting its proposed Plan Capital Planning Act, 40 U.S.C. 71d or Guidelines: amendment. the Zoning Act, D.C. Code § 5–432, and A. GSA shall transmit a proposal to B. If GSA accepts NCPC’s proposal for amend the Plan (along with all relevant amendment of the General and/or all applicable NCPC submission documentation) to NPS and NCPC and Square Guidelines, GSA shall make the requirements. follow the procedures set forth in amendments and transmit a copy of the Dated: July 25, 1996. paragraph I.C. Any proposals by GSA to amendment to the General and/or General Services Administration. amend the Plan shall be consistent with Square Guidelines to NCPC. If GSA does William R. Lawson, and respect the goals and objectives not accept NCPC’s proposal for Assistant Regional Administrator, Public stated in Chapter 2 of the original 1974 amendment of the General and/or Buildings Service. Plan. These goals include, but are not Square Guidelines, GSA shall work with limited to: Reinforcing Pennsylvania NCPC staff to reconcile differences in Dated: July 25, 1996. Avenue’s role as the physical and view. If after good faith efforts, no National Capital Planning Commission. symbolic link between the White House resolution is reached, GSA may elect to Reginald W. Griffith, and the Capital; making Pennsylvania take no further action with respect to Executive Director, National Capital Planning Avenue function as a bridge between the proposal. Commission. the federal core and the city’s VI. NPS Proposals for Plan downtown areas; encouraging Amendment—If NPS wishes to amend Dated: July 24, 1996. 41792 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

National Park Service, Department of the ‘‘Collection of information’’ is defined formula necessary and appropriate for Interior. in 44 U.S.C. 3502(3) and 5 CFR the degree of risk to human health Robert G. Stanton, 1320.3(c) and includes agency requests presented by the formula subject to Field Director, National Capital Area, or requirements that members of the recall. FDA’s infant formula recall National Park Service, Department of Interior. public submit reports, keep records, or regulations (part 107, subpart E (21 CFR [FR Doc. 96–20454 Filed 8–9–96; 8:45 am] provide information to a third party. part 107, subpart E)) implement these BILLING CODE 6820±34±P Section 3506(c)(2)(A) of the PRA (44 statutory provisions. U.S.C. 3506(c)(2)(A)) requires Federal Section 107.230 requires each agencies to provide a 60-day notice in recalling firm to evaluate the hazard to DEPARTMENT OF HEALTH AND the Federal Register concerning each human health, devise a written recall HUMAN SERVICES proposed collection of information, strategy, promptly notify each affected including each proposed reinstatement direct account (customer) about the Food and Drug Administration of an existing collection of information recall, and furnish the appropriate FDA before submitting the collection to OMB district office with copies of these [Docket No. 96N±0226] for approval. To comply with this documents. If the recalled formula requirement, FDA is publishing notice presents a risk to human health, the Agency Information Collection of the proposed collection of recalling firm must also request that Activities: Proposed Collection; information listed below. each establishment that sells the Comment Request; Reinstatement With respect to the following recalled formula post (at point of AGENCY: Food and Drug Administration, collection of information, FDA invites purchase) a notice of the recall and HHS. comments on: (1) Whether the proposed provide FDA with a copy of the notice. collection of information is necessary Section 107.240 requires the recalling ACTION: Notice. for the proper performance of FDA’s firm to notify the appropriate FDA functions, including whether the SUMMARY: The Food and Drug district office of the recall by telephone information will have practical utility; Administration (FDA) is announcing an within 24 hours, to submit a written (2) the accuracy of FDA’s estimate of the opportunity for public comment on the report to that office within 14 days, and burden of the proposed collection of proposed collection of certain to submit a written status report at least information, including the validity of information by the agency. Under the every 14 days until the recall is the methodology and assumptions used; Paperwork Reduction Act of 1995, terminated. Before terminating a recall, (3) ways to enhance the quality, utility, Federal agencies are required to publish the recalling firm is required to submit and clarity of the information to be notice in the Federal Register a recommendation for termination of the collected; and (4) ways to minimize the concerning each proposed collection of recall to the appropriate FDA district burden of the collection of information information, including each proposed office and wait for written FDA on respondents, including through the reinstatement of an existing collection concurrence (§ 107.250). Where the use of automated collection techniques, of information, and to allow 60 days for recall strategy or implementation is when appropriate, and other forms of public comment in response to the determined to be deficient, FDA may information technology. notice. This notice solicits comments on require the firm to change the extent of requirements related to the recall of Infant Formula Recall RegulationsÐ21 CFR the recall, carry out additional infant formula. 107.230, 107.240, 107.250, 107.260, 107.280 effectiveness checks, and issue additional notifications (§ 107.260). In DATES: Submit written comments on the (OMB Control Number 0910±0188± addition, to facilitate location of the collection of information by October 11, Reinstatement) product being recalled, the recalling 1996. Section 412(e) of the Federal Food, Drug, and Cosmetic Act (the act) (21 firm is required to maintain distribution ADDRESSES: Submit written comments U.S.C. 350a(e)) provides that if the records for at least 1 year after the on the collection of information to the manufacturer of an infant formula has expiration of the shelf life of the infant Dockets Management Branch (HFA– knowledge that reasonably supports the formula (§ 107.280). 305), Food and Drug Administration, conclusion that an infant formula The reporting and recordkeeping 12420 Parklawn Dr., rm. 1–23, processed by that manufacturer has left requirements described above are Rockville, MD 20857. All comments its control and may not provide the designed to enable FDA to monitor the should be identified with the docket nutrients required in section 412(i) or is effectiveness of infant formula recalls in number found in brackets in the otherwise adulterated or misbranded, order to protect babies from infant heading of this document. the manufacturer must promptly notify formula that may be unsafe because of FOR FURTHER INFORMATION CONTACT: the Secretary of Health and Human contamination or nutritional inadequacy Charity B. Smith, Office of Information Services (the Secretary). If the Secretary or otherwise adulterated or misbranded. Resources Management (HFA–250), determines that the infant formula FDA uses the information collected Food and Drug Administration, 5600 presents a risk to human health, the under these regulations to help ensure Fishers Lane, rm. 16B–19, Rockville, manufacturer must immediately take all that such products are quickly and MD 20857, 301–827–1686. actions necessary to recall shipments of efficiently removed from the market. If SUPPLEMENTARY INFORMATION: Under the such infant formula from all wholesale manufacturers were not required to Paperwork Reduction Act of 1995 (the and retail establishments, consistent provide this information to FDA, FDA’s PRA), 44 U.S.C. 3501–3520, Federal with recall regulations and guidelines ability to ensure that recalls are agencies must obtain approval from the issued by the Secretary. Section conducted properly would be greatly Office of Management and Budget 412(f)(2) of the act states that the impaired. (OMB) for each collection of Secretary shall by regulation prescribe FDA estimates the burden of this information they conduct or sponsor. the scope and extent of recalls of infant collection of information as follows: Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41793

ESTIMATED ANNUAL REPORTING BURDEN

Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Respondents Response Responses Response

107.230 .5 1 .5 4,500 2,250 107.240 .5 1 .5 1,482 741 107.250 .5 1 .5 120 60 107.260 .5 1 .5 650 325 Total 6,752 3,376 There are no capital costs or operating and maintenance costs associated with this collection.

No burden has been estimated for the SUPPLEMENTARY INFORMATION: In a notice 200 C St. SW., Washington, DC 20204, recordkeeping requirement in § 107.280 published in the Federal Register of 202–418–3071. because these records are maintained as August 24, 1993 (58 FR 44682), FDA SUPPLEMENTARY INFORMATION: Under the a usual and customary part of normal announced that a food additive petition Federal Food, Drug, and Cosmetic Act business activities. Manufacturers keep (FAP 3B4392) had been filed by Lonza, (secs. 201(s) and 409(b)(5) (21 U.S.C. infant formula distribution records for Inc., c/o Delta Analytical Corp., 7910 321(s) and 348(b)(5)) and the regulations the prescribed period as a matter of Woodmont Ave., suite 1000, Bethesda, for affirmation of GRAS status in routine business practice. Under 5 CFR MD 20814 (currently c/o Lewis & § 170.35 (21 CFR 170.35), notice is given 1320.3(b)(2), the time, effort, and Harrison, 122 C St. NW., suite 740, that FMC Corp., 1735 Market St., financial resources necessary to comply Washington, DC 20001). The petition Philadelphia, PA 19103, has filed a with a collection of information are proposed to amend the food additive petition (GRASP 6G0418) proposing that excluded from the burden estimate if regulations in § 176.300 Slimicides (21 konjac flour be affirmed as GRAS for use the reporting, recordkeeping, or CFR 176.300) to provide for the safe use as an ingredient in human food. disclosure activities needed to comply of didecyldimethylammonium chloride The petition has been placed on are usual and customary because they as a slimicide used in the manufacture display at the Dockets Management would occur in the normal course of of paper and paperboard intended to Branch (address above). activities. contact food. Lonza, Inc., has now Any petition that meets the The reporting burden estimate is withdrawn the petition without requirements outlined in §§ 170.30 (21 based on agency records, which show prejudice to a future filing (21 CFR CFR 170.30) and 170.35 is filed by the that there are five manufacturers of 171.7). agency. There is no prefiling review of infant formula and that there have been Dated: July 19, 1996. the adequacy of data to support a GRAS three recalls in the last 6 years, or 0.5 conclusion. Thus, the filing of a petition recalls annually. Alan M. Rulis, Director, Office of Premarket Approval, for GRAS affirmation should not be Dated: August 3, 1996. Center for Food Safety and Applied Nutrition. interpreted as a preliminary indication William K. Hubbard, [FR Doc. 96–20437 Filed 8–9–96; 8:45 am] of suitability for GRAS affirmation. Associate Commissioner for Policy The potential environmental impact BILLING CODE 4160±01±F Coordination. of this action is being reviewed. If the [FR Doc. 96–20439 Filed 8–9–96; 8:45 am] agency finds that an environmental BILLING CODE 4160±01±F [Docket No. 96G±0264] impact statement is not required and this petition results in a regulation, the FMC Corp.; Filing of Petition for notice of availability of the agency’s [Docket No. 93F±0269] Affirmation of GRAS Status finding of no significant impact and the evidence supporting that finding will be Lonza, Inc.; Withdrawal of Food AGENCY: Food and Drug Administration, Additive Petition published with the regulation in the HHS. Federal Register in accordance with 21 ACTION: AGENCY: Food and Drug Administration, Notice. CFR 25.40(c). Interested persons may, on or before HHS. SUMMARY: The Food and Drug October 28, 1996, review the petition ACTION: Notice. Administration (FDA) is announcing and file comments with the Dockets that FMC Corp. has filed a petition SUMMARY: The Food and Drug Management Branch (address above). (GRASP 6G0418) proposing to affirm Administration (FDA) is announcing the Two copies of any comments should be that the use of konjac flour is generally withdrawal, without prejudice to a filed and should be identified with the recognized as safe (GRAS) as an future filing, of a food additive petition docket number found in brackets in the ingredient in human food. (FAP 3B4392) proposing that the food heading of this document. Comments additive regulations be amended to DATES: Written comments by October should include any available provide for the safe use of 28, 1996. information that would be helpful in didecyldimethylammonium chloride as ADDRESSES: Submit written comments determining whether the substance is, a slimicide used in the manufacture of to the Dockets Management Branch or is not, GRAS for the proposed use. In paper and paperboard intended to (HFA–305), Food and Drug addition, consistent with the regulations contact food. Administration, 12420 Parklawn Dr., promulgated under the National FOR FURTHER INFORMATION CONTACT: rm. 1–23, Rockville, MD 20857. Environmental Policy Act (40 CFR Andrew J. Zajac, Center for Food Safety FOR FURTHER INFORMATION CONTACT: 1501.4(b)), the agency encourages public and Applied Nutrition (HFS–216), Food Andrew D. Laumbach, Center for Food participation by review of and comment and Drug Administration, 200 C St. SW., Safety and Applied Nutrition (HFS– on the environmental assessment Washington, DC 20204, 202–418–3095. 217), Food and Drug Administration, submitted with the petition that is the 41794 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices subject of this notice. A copy of the Applied Nutrition (HFS–5), Food and for distribution to the public at a petition (including the environmental Drug Administration, 200 C St. SW., meeting. Fewer copies of voluminous assessment) and received comments Washington, DC 20204, 202–205–4727, submissions will be required; only may be seen in the Dockets Management or Catherine M. DeRoever (address summaries of such submissions will be Branch between 9 a.m. and 4 p.m., above), Advisory Committee Staff (HFS– provided to committee members, with Monday through Friday. 22), 202–205–4251, FAX 202–205–4970, complete copies of submissions being Dated: July 9, 1996. or FDA Advisory Committee made available for circulation among George H. Pauli, Information Hotline, 1–800–741–8138 committee members and for viewing by (301–443–0572 in the Washington, DC the public at a meeting. Acting Director, Office of Premarket More detailed information regarding Approval, Center for Food Safety and Applied area), Food Advisory Committee, code Nutrition. 10564. Please call the hotline for the meeting agenda that may become available prior to the meeting will be [FR Doc. 96–20438 Filed 8–9–96; 8:45 am] information concerning any possible changes. provided to the public via the 800 BILLING CODE 4160±01±F General function of the committee. number given above. The committee provides advice on FDA public advisory committee Advisory Committee; Notice of Meeting emerging food safety, food science, and meetings may have as many as four nutrition issues that FDA considers of separable portions: (1) An open public AGENCY: Food and Drug Administration, primary importance in the next decade. hearing, (2) an open committee HHS. Agenda—Open public hearing. discussion, (3) a closed presentation of ACTION: Notice. Interested persons may present data, data, and (4) a closed committee information, or views, orally or in deliberation. Every advisory committee SUMMARY: This notice announces a writing, on issues pending before the meeting shall have an open public forthcoming meeting of a public committee. Those desiring to make hearing portion. Whether or not it also advisory committee of the Food and formal presentations should notify the includes any of the other three portions Drug Administration (FDA). This notice contact person by close of business will depend upon the specific meeting also summarizes the procedures for the August 21, 1996, and submit a brief involved. There are no closed portions meeting and methods by which statement of the general nature of the for the meetings announced in this interested persons may participate in evidence or arguments they wish to notice. The dates and times reserved for open public hearings before FDA’s present, the names and addresses of the open portions of each committee advisory committees. proposed participants, and an meeting are listed above. FDA has established an Advisory indication of the approximate time The open public hearing portion of Committee Information Hotline (the required to make their comments. If each meeting shall be at least 1 hour hotline) using a voice-mail telephone necessary, comments may be limited to long unless public participation does system. The hotline provides the public 5 minutes. not last that long. It is emphasized, with access to the most current Open committee discussion. The Food however, that the 1 hour time limit for information on FDA advisory committee Advisory Committee and the Ephedra an open public hearing represents a meetings. The advisory committee Working Group will discuss the actions minimum rather than a maximum time hotline, which will disseminate current and recommendations made by the for public participation, and an open information and information updates, working group during its October 11 public hearing may last for whatever can be accessed by dialing 1–800–741– and 12, 1995, meeting. Additional longer period the committee 8138 or 301–443–0572. Each advisory information that has become available to chairperson determines will facilitate committee is assigned a 5-digit number. FDA since that time will also be the committee’s work. This 5-digit number will appear in each presented during the meeting. The Public hearings are subject to FDA’s individual notice of meeting. The committee will be asked to consider the guideline (subpart C of 21 CFR part 10) hotline will enable the public to obtain original working group’s concerning the policy and procedures information about a particular advisory recommendations in light of this new for electronic media coverage of FDA’s committee by using the committee’s 5- information. public administrative proceedings, digit number. Information in the hotline Under 21 CFR 14.20 and 14.35, including hearings before public is preliminary and may change before a interested persons may submit written advisory committees under 21 CFR part meeting is actually held. The hotline information or views on the matter(s) 14. Under 21 CFR 10.205, will be updated when such changes are before the committee. Voluminous data representatives of the electronic media made. are to be accompanied by a summary. may be permitted, subject to certain MEETING: The following advisory Submissions must be made to the limitations, to videotape, film, or committee meeting is announced: Executive Secretary and not directly to otherwise record FDA’s public any committee members. Substantive administrative proceedings, including Food Advisory Committee submissions received at least 3 weeks presentations by participants. Date, time, and place. August 27 and prior to a meeting may be included in Meetings of advisory committees shall 28, 1996, 8:15 a.m., Marriott Hotel– members’ briefing materials; be conducted, insofar as is practical, in Metro Center, Grand Ballroom Salons A, submissions received later will be accordance with the agenda published B, and C, 775 12th St. NW., Washington, distributed at the committee meeting. in this Federal Register notice. Changes DC. All submissions that include in the agenda will be announced at the Type of meeting and contact person. copyrighted materials must be beginning of the open portion of a Open committee discussion, August 27, accompanied by documented meeting. 1996, 8:15 a.m. to 3 p.m.; open public permission for duplication and Any interested person who wishes to hearing, 3 p.m. to 5 p.m., unless distribution at no copyright expense to be assured of the right to make an oral participation does not last that long; FDA. presentation at the open public hearing open committee discussion, August 28, At least 50 copies of each submission portion of a meeting shall inform the 1996, 8:15 a.m. to 4 p.m.; Lynn A. must be provided; sufficient additional contact person listed above, either orally Larsen, Center for Food Safety and copies may be requested by the agency or in writing, prior to the meeting. Any Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41795 person attending the hearing who does The meeting will be closed in accordance Rockledge Drive, Room 4110, Bethesda, not in advance of the meeting request an with the provisions set forth in Sections Maryland 20892, (301) 435–1284. opportunity to speak will be allowed to 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. The meetings will be closed in accordance make an oral presentation at the Applications and/or proposals and the with the provisions set forth in sections discussions could reveal confidential trade hearing’s conclusion, if time permits, at 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. secrets or commercial property such as Applications and/or proposals and the the chairperson’s discretion. patentable material and personal information discussions could reveal confidential trade The agenda, the questions to be concerning individuals associated with the secrets or commercial property such as addressed by the committee, and a applications and/or proposals, the disclosure patentable material and personal information current list of committee members will of which would constitute a clearly concerning individuals associated with the be available at the meeting location on unwarranted invasion of personal privacy. applications and/or proposals, the disclosure the day of the meeting. (Catalog of Federal Domestic Assistance of which would constitute a clearly Transcripts of the open portion of the Programs Nos. 93.855, Immunology, Allergic unwarranted invasion of personal privacy. meeting may be requested in writing and Immunologic Diseases Research; 93.856, (Catalog of Federal Domestic Assistance from the Freedom of Information Office Microbiology and Infectious Diseases Program Nos. 93.306, 93.333, 93.337, 93.393– (HFI–35), Food and Drug Research, National Institutes of Health) 93.396, 93.837–93.844, 93.846–93.878, Administration, 5600 Fishers Lane, rm. Dated: August 6, 1996. 93.892, 93,893, National Institutes of Health, 12A–16, Rockville, MD 20857, Susan K. Feldman, HHS) approximately 15 working days after the Committee Management Officer, NIH. Date: August 6, 1996. meeting, at a cost of 10 cents per page. [FR Doc. 96–20392 Filed 8–9–96; 8:45 am] Susan K. Feldman, The transcript may be viewed at the BILLING CODE 4140±01±M Committee Management Officer, NIH. Dockets Management Branch (HFA– [FR Doc. 96–20393 Filed 8–9–96; 8:45 am] 305), Food and Drug Administration, BILLING CODE 4140±01±M 12420 Parklawn Dr., rm. 1–23, Division of Research Grants; Notice of Rockville, MD 20857, approximately 15 Closed Meetings working days after the meeting, between Office of Research on Women's Pursuant to Section 10(d) of the the hours of 9 a.m. and 4 p.m., Monday Health; Notice of MeetingÐ``Beyond Federal Advisory Committee Act, as through Friday. Summary minutes of Hunt Valley: Research on Women's amended (5 U.S.C. Appendix 2), notice the open portion of the meeting may be Health for the 21st Century'' is hereby given of the following Division requested in writing from the Freedom of Research Grants Special Emphasis of Information Office (address above) Notice is hereby given that the Office Panel (SEP) meetings: beginning approximately 90 days after of Research on Women’s Health, Office the meeting. Purpose/Agenda: To review individual of the Director, National Institutes of This notice is issued under section grant applications. Health, will convene a meeting on 10(a)(1) and (2) of the Federal Advisory Name of SEP: Microbiological and September 25, 26, and 27, 1996, at the Committee Act (5 U.S.C. app. 2), and Immunological and Sciences. DoubleTree Hotel Philadelphia, Broad Date: August 13, 1996. Street at Locust, Philadelphia, FDA’s regulations (21 CFR part 14) on Time: 1:30 p.m. advisory committees. Pennsylvania. Place: NIH, Rockledge 2, Room 4182, The purpose of the meeting is to Telephone Conference. Dated: August 6, 1996. update the current biomedical and David A. Kessler, Contact Person: Dr. William Branche, Jr., Scientific Review Administrator 6701 behavioral research agenda for women’s Commissioner of Food and Drugs. Rockledge Drive, Room 4182, Bethesda, health, as presented in the Report of the [FR Doc. 96–20523 Filed 8–9–96; 8:45 am] Maryland 20892, (301) 435–1148. National Institutes of Health: BILLING CODE 4160±01±F Name of SEP: Biological and Physiological Opportunities for Research on Women’s Sciences. Health, a publication based on a Date: August 16, 1996. conference held in Hunt Valley, National Institutes of Health Time: 1:00 p.m. Maryland, September, 1991. Place: NIH, Rockledge 2, Room 4142, The first day, September 25, from 1:00 National Institute of Allergy and Telephone Conference. to 6:00 p.m., will be devoted to Infectious Diseases; Notice of Closed Contact Person: Dr. Edmund Copeland, receiving public testimony from Meeting Scientific Review Administrator, 6701 Rockledge Drive, Room 4142, Bethesda, individuals representing organizations Pursuant to Section 10(d) of the Maryland 20892, (301) 435–1715. interested in biomedical and behavioral Federal Advisory Committee Act, as This notice is being published less than 15 research on women’s health issues. On amended (5 U.S.C. Appendix 2), notice days prior to the above meetings due to the September 26 and 27, concurrent is hereby given of the following urgent need to meet timing limitations working groups will discuss areas of National Institute of Allergy and imposed by the grant review and funding science particularly relevant to women’s Infectious Diseases Special Emphasis cycle. health with attention to research design, Panel (SEP) meeting: Name of SEP: Clinical Sciences. health impact of collaborative and Date: November 4–6, 1996. Name of SEP: Biostatistical Grant multidisciplinary research efforts, and Time: 8:00 a.m. Application in Response to RFA 96–001, issues of importance to young Pediatric AIDS Clinical Trails Group. Place: DoubleTree Hotel, Rockville, MD. investigators. The meeting of September Date: September 9–11, 1996. Contact Person: Dr. Gertrude McFarland, 26 will be from 9:00 a.m. to 5:30 p.m., Time: 7:00 p.m. Scientific Review Administrator, 6701 and that of September 27 from 9:30 a.m. Place: Hyatt Regency, Two Fountain Plaza, Rockledge Drive, Room 4110, Bethesda, Maryland 20892, (301) 435–1284. to approximately 3:30 p.m. All sessions Buffalo, NY 14202, (716) 856–1234. of the meeting are open to the public. Name of SEP: Clinical Sciences. Contact Person: Dr. Madelon C. Halula, Experts in fields of basic and clinical Scientific Review Adm., 6003 Executive Date: December 9, 1996. Boulevard, Solar Bldg., Room 4C16, Time: 8:00 a.m. science; practitioners interested in Bethesda, MD 20892, (301) 402–2636. Place: DoubleTree Hotel, Rockville MD. women’s health; representatives of Purpose/Agenda: To evaluate scientific Contact Person: Dr. Gertrude McFarland, scientific, professional and women’s and technical merit of a grant application. Scientific Review Administrator, 6701 health organizations; and women’s 41796 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices health advocates will be asked to assess convene a national meeting to address DATES: Dates for public negotiation the current status of research in the deliberations and recommendations sessions will be announced in local women’s health in several defined areas, from the regional public hearings and newspapers. to identify gaps in existing knowledge, scientific workshops for the purpose of FOR FURTHER INFORMATION: Additional and to recommend scientific approaches developing a report on priorities for information on matters related to this and strategies to take advantage of research on women’s health for the 21st Federal Register notice can be obtained promising opportunities for research on Century. at the address and telephone number set women’s health. The conference will Dates and locations for future regional forth below: Mr. Reed Murray, Program focus on scientific issues such as meetings will be announced. Coordinator, CUP Completion Act cardiovascular biology/vascular biology, Dated: August 3, 1996. Office, Department of the Interior, 302 neuroscience, immunology, infectious Ruth L. Kirschstein, East 1860 South, Provo UT 84606–6154, diseases and emerging infections, Deputy Director, NIH. Telephone: (801) 379–1237, Internet: mental and addictive disorders, [FR Doc. 96–20394 Filed 8–9–96; 8:45 am] [email protected]. population science and health BILLING CODE 4140±01±M Dated: August 6, 1996. outcomes, reproductive health, and cancer. Other topics will focus on the Ronald Johnston, conduct of research on women’s health, CUP Program Director, Department of the including design strategies, and DEPARTMENT OF THE INTERIOR Interior. [FR Doc. 96–20431 Filed 8–9–96; 8:45 am] methods, and special issues for young Office of the Assistant Secretary BILLING CODE 4310±RK±U investigators. Water and Science In the opening portion of the meeting devoted to public testimony, the Office Central Utah Project Completion Act of Research on Women’s Health is Fish and Wildlife Service inviting individuals representing Notice of Intent to Negotiate a Contract between the Central Utah Notice of Availability of an organizations with an interest in Environmental Assessment/Habitat research areas related to women’s health Water Conservancy District and Department of the Interior for Conservation Plan and Receipt of to provide written and oral testimony on Application for Incidental Take Permit these topics: Implementation of the Wasatch County Water Efficiency Project and Daniel for Construction of One Single Family 1. Continuing or Emerging Gaps in Replacement Project of the Central Utah Residence at 9613 Bell Mountain Drive, Knowledge About Women’s Health Project, Utah. Lot 1, Block L, Long Canyon Phase II± 2. Successful Models for the B, Austin, Travis County, Texas Recruitment, Retention, Reentry, and/ AGENCY: Office of the Assistant or Advancement of Women in Secretary—Water and Science, SUMMARY: Jim Goulding (applicant) has Biomedical Careers Department of the Interior. applied to the U.S. Fish and Wildlife ACTION: Notice of intent to negotiate a Due to time constraints, only one Service (Service) for an incidental take contract between the Central Utah Water representative from each organization permit pursuant to Section 10(a) of the Conservancy District (CUWCD) and may present oral testimony, with Endangered Species Act (Act). The Department of the Interior (DOI) for presentations limited to 10 minutes. A applicant has been assigned permit implementation of the Wasatch County letter of intent to present such testimony number PRT–813478. The requested Water Efficiency Project and Daniel should be sent by interested individuals permit, which is for a period of 5 years, Replacement Project (WCWEP/DRP) of and organizations to Ms. Kim Zink, would authorize the incidental take of the Central Utah Project, Utah. Houston Associates, 1010 Wayne the endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed Avenue, Suite 1200, Silver Spring, MD SUMMARY: Public Law 102–575, Sections 20910. Date of receipt of the letter will 202(a)(3), 207(e), and 303(b) authorize take would occur as a result of the establish the order of presentation at the construction of WCWEP/DRP for the construction of one single family September meeting. purposes of increasing irrigation residence at 9613 Bell Mountain Drive, Presenters should send three (3) efficiency in the Heber Valley, Lot 1, Block L, Long Canyon Phase II– written copies of their testimony, conserving water, and eliminating the B, Austin, Travis County, Texas. including a brief description of their diversion of water from the upper The Service has prepared an organization, to the above address no Strawberry tributaries to Heber Valley. Environmental Assessment/Habitat later than September 9, 1996. Article V(A) of the August 11, 1993 Conservation Plan (EA/HCP) for the Individuals and organizations wishing Compliance Agreement (Compliance incidental take application. A to provide written statements only may Agreement) between CUWCD and DOI determination of whether jeopardy to send three (3) copies of their statements states: ‘‘The Secretary shall not provide the species will occur or a Finding of No to the above address by September 9, funds for construction, nor shall the Significant Impact (FONSI) will not be 1996. All written testimony will be District commence construction on any made before 30 days from the date of made available to the conferees prior to feature authorized in Title II of the Act publication of this notice. This notice is the September 26 meeting day. until the District and the Secretary have provided pursuant to Section 10(c) of Comments and questions related to the executed an agreement in accordance the Act and National Environmental September meeting should be addressed with the Drainage and Minor Policy Act regulations (40 CFR 1506.6). to Ms. Zink. Construction Act for the purpose of DATES: Written comments on the This meeting is the first of three establishing terms and conditions for application should be received on or regional public hearings and scientific the proper conduct and execution of before September 11, 1996. workshops of similar design to be construction of such feature by the ADDRESSES: Persons wishing to review convened by the Office of Research on District.’’ A negotiated contract between the application may obtain a copy by Women’s Health. At the conclusion of CUWCD and DOI will comply with writing to the Regional Director, U.S. this series of meetings, the Office of Public Law 102–575 and the Fish and Wildlife Service, P.O. Box Research on Women’s Health will Compliance Agreement. 1306, Albuquerque, New Mexico 87103. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41797

Persons wishing to review the EA/HCP Notice of Availability of an endangered species such as the golden- may obtain a copy by contacting Mary Environmental Assessment/Habitat cheeked warbler. However, the Service, Orms, Ecological Services Field Office, Conservation Plan and Receipt of under limited circumstances, may issue 10711 Burnet Road, Suite 200, Austin, Application for Incidental Take Permit permits to take endangered wildlife Texas 78758 (512/490–0063). for Construction of One Single Family species, when such taking is incidental Documents will be available for public Residence at 1009 Weston Lane, Lot to, and not the purpose of, otherwise inspection by written request, by 27, Block A, Rob Roy on the Lake, lawful activities. appointment only, during normal Austin, Travis County, Texas Regulations governing permits for endangered species are at 50 CFR 17.22. business hours (8:00 to 4:30) at the SUMMARY: Phillip & Beatriz Sanger APPLICANT: Phillip & Beatriz Sanger plan above Austin address. Written data or (applicants) have applied to the U.S. comments concerning the application(s) to construct a single family residence at Fish and Wildlife Service (Service) for 1009 Weston Lane, Lot 27, Block A, Rob and EA/HCPs should be submitted to an incidental take permit pursuant to the Field Supervisor at the Austin Roy on the Lake, Austin, Travis County, Section 10(a) of the Endangered Species Texas. This action will eliminate less Ecological Services Field Office at the Act (Act). The applicants have been than one-half acre of land and indirectly address above. Please refer to permit assigned permit number PRT–813476. impact less than one-half additional number PRT–813478 when submitting The requested permit, which is for a acre of golden-cheeked warbler habitat. comments. period of 20 years, would authorize the The applicant proposes to compensate incidental take of the endangered FOR FURTHER INFORMATION CONTACT: for this loss of golden-cheeked warbler golden-cheeked warbler (Dendroica habitat by placing $1,500 into the City Mary Orms at the above Austin chrysoparia). The proposed take would Ecological Service Field Office. of Austin Balcones Canyonlands occur as a result of the construction of Conservation Fund to acquire/manage SUPPLEMENTARY INFORMATION: Section 9 one single family residence at 1009 lands for the conservation of the golden- of the Act prohibits the ‘‘taking’’ of Weston, Lot 27, Block A, Rob Roy on the cheeked warbler. endangered species such as the golden- Lake, Austin, Travis County, Texas. Alternatives to this action were cheeked warbler. However, the Service, The Service has prepared the rejected because selling or not under limited circumstances, may issue Environmental Assessment/Habitat developing the subject property with permits to take endangered wildlife Conservation Plan (EA/HCP) for the federally listed species present was not species, when such taking is incidental incidental take applications. A economically feasible. determination of whether jeopardy to to, and not the purpose of, otherwise Lynn B. Starnes, the species will occur or a Finding of No lawful activities. Significant Impact (FONSI) will not be Acting Regional Director, Region 2, Albuquerque, New Mexico. Regulations governing permits for made before 30 days from the date of endangered species are at 50 CFR 17.22. publication of this notice. This notice is [FR Doc. 96–20484 Filed 8–9–96; 8:45 am] BILLING CODE 4510±55±P APPLICANT: Jim Goulding plans to provided pursuant to Section 10(c) of construct a single family residence at the Act and National Environmental Policy Act regulations (40 CFR 1506.6). 9613 Bell Mountain Drive, Lot 1, Block Bureau of Land Management DATES: Written comments on the L, Long Canyon Phase II–B, Austin, [CA±027±1430±01; CACA 36915] Travis County, Texas. This action will application should be received on or before September 11, 1996. eliminate less than one-half acre of land Notice of Proposed Amendment; and indirectly impact less than one-half ADDRESSES: Persons wishing to review Alturas Resource Management Plan; additional acres of golden-cheeked the application may obtain a copy by California warbler habitat. The applicant proposes writing to the Regional Director, U.S. AGENCY: Bureau of Land Management, to compensate for this loss of golden- Fish and Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico 87103. Interior. cheeked warbler habitat by placing Persons wishing to review the EA/HCP ACTION: $1,500 into the City of Austin Balcones Notice. may obtain a copy by contacting Joseph Canyonlands Conservation Fund to E. Johnston or Mary Orms, Ecological SUMMARY: The Bureau of Land acquire/manage lands for the Services Field Office, 10711 Burnet Management, Alturas Resource Area, conservation of the golden-cheeked Road, Suite 200, Austin, Texas 78758 proposes to amend the 1983 Alturas warbler. (512/490–0063). Documents will be Resource Management Plan (RMP) to Alternatives to this action were available for public inspection by allow disposal of 488.22 acres, more or rejected because selling or not written request, by appointment only, less, of public land in Modoc County, developing the subject property with during normal business hours (8:00 to California. The affected public land is: federally listed species present was not 4:30) at the address above. Written data Mount Diablo Meridian economically feasible. or comments concerning the T. 45 N., R. 13 E. Lynn B. Starnes, application(s) and EA/HCPs should be Sec. 27: Lot 4, SE1⁄4NW1⁄4, SW1⁄4, submitted to the Field Supervisor at the 1 1 1 1 Regional Director, Region 2, Albuquerque, W ⁄2SE ⁄4, SW ⁄4NE ⁄4 Austin Ecological Services Field Office Sec. 34: SW1⁄4NE1⁄4, NE1⁄4NW1⁄4, New Mexico. at the address above. Please refer to NW1⁄4SE1⁄4 [FR Doc. 96–20483 Filed 8–9–96; 8:45 am] permit number PRT–813476 when FOR FURTHER INFORMATION CONTACT: BILLING CODE 4510±55±P submitting comments. Richard C. Burns, Area Manager, FOR FURTHER INFORMATION CONTACT: Alturas Resource Area, Bureau of Land Joseph E. Johnston or Mary Orms at the Management, 708 W. 12th St., Alturas, above Austin Ecological Service Field CA 96101. (916) 233–4666. Office. SUPPLEMENTARY INFORMATION: Disposal SUPPLEMENTARY INFORMATION: Section 9 of the subject public land would enable of the Act prohibits the ‘‘taking’’ of acquisition, via exchange, of sensitive 41798 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices resource values on the Pit River and Hat Room 401K, Washington DC, 20523– destruction of records not previously Creek in Shasta County, California. 0214, telephone him at (202) 663–2536 authorized for disposal, or (2) reduce Although originally identified for or fax (202) 663–2552. the retention period for records already disposal in the RMP, the public land Dated: August 1, 1996. authorized for disposal. NARA invites was retained for its antelope, sage Tracy Atwood, public comments on such schedules, as grouse and deer habitat. required by 44 U.S.C. 3303a(a). AID Designated Federal Officer, (Chief, Food DATES: Written comments on the Policy Division, Office of Agriculture and DATES: Request for copies must be proposed action must be received on or Food Security, Economic Growth Center, received in writing on or before before September 11, 1996. Bureau for Global Programs). September 26, 1996. Once the appraisal Dated: June 25, 1996. [FR Doc. 96–20488 Filed 8–9–96; 8:45 am] of the records is completed, NARA will Richard C. Burns, BILLING CODE 6116±01±M send a copy of the schedule. The Area Manager. requester will be given 30 days to submit comments. [FR Doc. 96–20509 Filed 8–9–96; 8:45 am] DEPARTMENT OF JUSTICE BILLING CODE 4310±40±M ADDRESSES: Address requests for single copies of schedules identified in this National Institute of Corrections notice to the Records Appraisal and INTERNATIONAL DEVELOPMENT Meeting Announcement Disposition Division (NIR), National COOPERATION AGENCY Archives and Records Administration, A meeting of the Task Force on Prison College Park, MD 20740. Requesters Agency For International Development Construction Standardization and must cite the control number assigned Techniques will be held on August 17, to each schedule when requesting a Board for International Food and 1996 at the Opryland Hotel, 2800 copy. The control number appears in Agricultural Development (BIFAD) One Opryland Drive, Nashville, TN 37214. the parentheses immediately after the Hundred and Twenty-First Meeting; The meeting will convene in the name of the requesting agency. Notice of Meeting Johnson Room, parts A & B, at 9:00 am SUPPLEMENTARY INFORMATION: Each year and adjourn at 4:00 pm. The purpose of U.S. Government agencies create Pursuant to the Federal Advisory the meeting will be to update members Committee Act, Notice is hereby given billions of records on paper, film, on the progress to date on the detention magnetic tape, and other media. In order of the one hundred and twenty-first construction monogram development. meeting of the Board for International to control this accumulation, agency No part of the meeting will be closed. records managers prepare records Food and Agricultural Development For more information contact Dee (BIFAD). The meeting will be held from schedules specifying when the agency Halley, National Institute of Corrections, no longer needs the records and what 9:00 a.m. to 5:00 p.m. on September 9, Academy Division, 1960 Industrial and from 9:00 a.m. to 12:30 p.m. on happens to the records after this period. Circle, Suite A, Longmont, CO 80501; 1– Some schedules are comprehensive and September 10, 1996, both days, at the 800–995–6429 or fax 1–303–682–0469. Pan-American Health Organization, cover all the records of an agency or one Larry Solomon, located at 525 23rd Street N.W., of its major subdivisions. These Washington DC, 20523, in Conference Acting Director. comprehensive schedules provide for Room C. [FR Doc. 96–20174 Filed 8–9–96; 8:45 am] the eventual transfer to the National The Agenda will concentrate on BILLING CODE 4410±36±M Archives of historically valuable records agricultural research and include an and authorize the disposal of all other update of preparations for the world records. Most schedules, however, cover food summit as well as an update of the NATIONAL ARCHIVES AND RECORDS records of only one office or program or higher education policy paper. ADMINISTRATION a few series of records, and many are The meeting is open to the public. updates of previously approved Any interested person may attend the Records Schedules; Availability and schedules. Such schedules also may meeting, may file written statements Request for Comments include records that are designated for permanent retention. with the Committee before or after the AGENCY: National Archives and Records meeting, or present any oral statements Administration, Office of Records Destruction of records requires the in accordance with procedures Administration. approval of the Archivist of the United States. This approval is granted after a established by the Committee, to the ACTION: Notice of availability of thorough study of the records that takes extent that time available for the proposed records schedules; request for into account their administrative use by meeting permits. comments. Those wishing to attend the meeting the agency of origin, the rights of the should contact Dr. Shirley Pryor at SUMMARY: The National Archives and Government and of private persons Agency for International Development, Records Administration (NARA) directly affected by the Government’s Office of Agriculture and Food Security, publishes notice at least once monthly activities, and historical or other value. SA–2, Room 401, Washington DC, of certain Federal agency requests for This public notice identifies the 20523–0214, telephone (202) 663–2545, records disposition authority (records Federal agencies and their subdivisions fax (202) 663–2552 or internet schedules). Records schedules identify requesting disposition authority, [[email protected]] with your full name. records of sufficient value to warrant includes the control number assigned to Anyone wishing to obtain additional preservation in the Nation Archives of each schedule, and briefly describes the information about BIFAD should the United States. Schedules also records proposed for disposal. The contact Mr. Tracy Atwood the authorize agencies after a specified records schedule contains additional Designated Federal Officer for BIFAD at period to dispose of records lacking information about the records and their USAID. Write him in care of the Agency administrative, legal, research, or other disposition. Further information about for International Development, Office of value. Notice is published for records the disposition process will be Agriculture and Food Security, SA–2, schedules that (1) propose the furnished to each requester. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41799

Schedules Pending: Note to Applicants: This notice is a ‘‘Content Standards’’ are specific complete application package, except for descriptions of what adults need to 1. Department of Health and Human required forms. Together with the NIFL Services, Food and Drug Administration know and be able to do to perform the Equipped for the Future Orientation Package, key activities identified in the standards (N1–88–96–2). European drug export and the statute authorizing the program and files. applicable regulations governing the framework. 2. Department of Health and Human program, including the Education ‘‘Generative skills’’ are skills or Services (N1–468–96–3). Grant case files Department General Administrative knowledge that are core to the of the Office of Minority Health. Regulations (EDGAR), this notice contains all performance of a wide range of tasks 3. Department of the Interior, National the information, regulations and instructions found in multiple roles and that are Park Service (N1–79–96–1). Legislative needed to apply for a grant under this durable over time in face of changes in case files and subject files of the competition. technology, work processes, and Legislative and Congressional Affairs FOR FURTHER INFORMATION CONTACT: occupational demand. Office. Sondra Stein, National Institute for ‘‘National Policy Group’’ is the body 4. Department of State, U.S. Embassy Literacy, 800 Connecticut Avenue, NW., of nationally-recognized leaders in Prague (N1–84–96–3). Routine and Suite 200, Washington, DC 20006, TEL: literacy and workforce development facilitative correspondence dealing with 202–632–1508; FAX 202–632–1512, e– invited by the NIFL to provide policy claims matters. mail [email protected]. guidance and consensus-building 5. Department of the Treasury, support to the EFF initiative. Internal Revenue Service (N1–58–96–8). SUPPLEMENTARY INFORMATION: ‘‘Performance Indicators’’ are Request for IDRS-generated refund (IR Definitions descriptions of how achievement of the content standards will be demonstrated. Form 5792). For purposes of this notice, the 6. Office of Government Ethics (N1– They reflect the consensus of key following definitions apply: 522–96–3). Correspondence files. stakeholders identified for the role being ‘‘Literacy’’ is an individual’s ability to addressed. Dated: August 2, 1996. read, write, and speak in English, and ‘‘Planning Grant Recipients’’ are the James W. Moore, compute and solve problems at levels of eight projects that were funded to Assistant Archivist for Records proficiency necessary to function on the complete Phase 2 of the Equipped for Administration. job and in society, to achieve one’s goals the Future’’ initiative. These grants end [FR Doc. 96–20412 Filed 8–9–96; 8:45 am] and develop one’s knowledge and September 30, 1997. BILLING CODE 7515±01±M potential (as stated in the National ‘‘Purposes for Literacy,’’ based on Literacy Act of 1991). NIFL’s survey of adult learners, mean ‘‘Adult Literacy System’’ means all the following four general purposes that NATIONAL INSTITUTE FOR LITERACY individuals, programs, and literacy serves in helping adults fulfill organizations that are involved, directly [CFDA No. 84.257M] their roles: and indirectly, in the delivery of literacy • Providing access to information so Application for Adult Learning System and basic skills services to adults. This adults can orient themselves in the Reform and Improvement Grant: Stage includes, but is not limited to, people world. • II Collaborative Development of and groups involved in literacy Enabling adults to give voice to Equipped for the Future (EFF) Adult policymaking, research and their ideas and have an impact on the development, technical assistance, and world around them. Literacy Standards Cooperative • Agreements service delivery. Enabling adults to make decisions ‘‘Adult Roles’’ mean the following and act independently, without needing AGENCY: The National Institute for three major arenas of adult life and the to rely on others. Literacy. obligations that pertain to each: • Building a bridge to the future by ACTION: Notice. • Parent/family member laying a foundation for continued • Citizen learning, so adults can keep up with the SUMMARY: The National Institute for • Worker world as it changes. Literacy invites applications for grants ‘‘Constituencies’’ are national, state or The EFF ‘‘Standards Framework’’ to support the development of content local organizations and individuals (in describes the building blocks for EFF standards through a consensus-building the public, nonprofit, and private content and performance standards. It process. These grants are the third phase sectors) that have a stake in developing provides a consensus definition, for of a four-phased initiative whose content and performance standards for each adult role, of the broad areas of ultimate goal is to reform and improve the relevant role because the quality of responsibility, key activities, and skills America’s adult learning systems in role performance impacts their and knowledge adults require to fulfill order to enhance progress toward organization’s achievement of its goals/ these roles; articulates the core elements National Education Goal 6. This aim mission. of a theory for adult learning based on will be achieved through the ‘‘Consensus-building’’ includes the the four learner-identified purposes for development of voluntary content development of a convincing public literacy; demonstrates how the four standards that communicate a clear argument for the use of ‘‘Equipped for purposes enable us to identify the core vision for what adults need to know and the Future’’ standards by key skills and knowledge that form the basis be able to do in their roles as citizen, constituencies and the conscious, for content standards; and identifies worker, and parent/family member and ongoing effort to expand the number of criteria for EFF consent and the building of consensus about these individuals from key constituencies performance standards that standards among key constituencies at involved in standards development, use, communicate what customers, the grassroots, state, and national levels. marketing, and dissemination and to investors, and partners can expect from DATE: Applications must be received at leverage the use of the standards at the the adult literacy system. These the NIFL office by 4:30 p.m. on national, state and local levels by key elements link the framework explicitly September 12, 1996; items delivered segments of the workforce development to other standards development and after that date will not be accepted. system. implementation efforts. 41800 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

‘‘Validation’’ demonstrates the degree Guiding Principles for the conduct and Funds awarded are for the first year to which the standards address the products of the Equipped for the Future only. important aspects of role performance. initiative, and produced reports (due at Description of Program ‘‘Human Resource Development NIFL July 15, 1996) that are currently System’’ is the sum of the myriad of being synthesized to produce a draft The overall purposes of the Equipped public and private programs that are standards framework, defining what for the Future initiative are to: linked by their focus on building the adults need to know and be able to do • Develop a new customer-driven skills and knowledge of youth and to be effective in their roles as parent/ definition of adult literacy that adults including: adult and family family member, worker, and citizen, demystifies the route to success in our literacy programs, welfare-to-work that will be the basis for work in Phase society for adult learners and clarifies programs, vocational education and 3 of EFF. the contributions of adult literacy training programs, school-to-work This solicitation of grant applications programs to building that success. • programs, industry-based skill standards addresses the third project phase: Engage broad-based support among programs, K–12 education programs, standards development through key constituencies for a system of postsecondary education, Job Training consensus-building. This phase of the human resource development that Partnership Act programs, community Equipped for the Future initiative will effectively links literacy with industry college/postsecondary education build on the results of Phases I and 2 of skill standards and K–12 academic programs, employer-sponsored training EFF to create a strong foundation for standards as well as provides a common programs, apprenticeship programs, national reform of adult and family framework for skills development across one-stop career centers, dislocated literacy and basic skills education as myriad and diverse programs. • worker programs and related programs well as for an effective national system Develop a set of voluntary national in the public, private, and nonprofit of workforce developed. To achieve this standards that show the portability of sectors. end, this phase of the Equipped for the skills across the three adult roles and Future initiative will be developed in make clear the knowledge and skills Background partnership with the following Federal adults need to be ‘‘equipped for the The National Institute for Literacy agencies: the U.S. Department of Labor, future.’’ (NIFL), was created by the National Employment and Training The specific objectives for grantees Literacy Act of 1991 to provide a Administration, for the role of worker; funded for Phase 3 of the EFF initiative national focal point for literacy the U.S. Department of Education, are to: activities and to facilitate the pooling of Office of Elementary and Secondary (1) Build consensus at the national, ideas and expertise across a fragmented Education, for the role of parent/family state, and local levels for the EFF vision, field. NIFL is authorized to carry out a member. standards framework, and the standards relevant to the role addressed in the wide range of activities that will Eligible Applicants improve and expand the system for grantee’s application; delivery of adult literacy services Applications will be accepted from— (2) Develop and refine content nationwide. Consortia of public and private for- standards and performance indicators In the first phase of this initiative, the profit and not-for-profit organizations for the role addressed by the grantee, NIFL identified a common framework of and agencies that meet the following and, working in collaboration with the four fundamental purposes for literacy criteria: (a) operate at a local, state, National Institute for Literacy, its that emerge from the writings of 1,500 regional (multi-state) and national level; Federal partners in this initiative, and adults in literacy programs nationwide. (b) include literacy consumer, the other grantees, across all three roles; As detailed in the NIFL report, practitioner, provider, administrator, and Equipped for the Future: A Customer and funder constituencies; and (c) (3) Collaborate with the National Driven Vision for Adult Literacy and include technical experts in standards Institute for Literacy, its Federal Lifelong Learning, these four purposes development and assessment. While partners, and the other grantees to create are to— such consortia may include for-profit a national framework for reform of the • Gain access to information so adults organizations, no grant will be made to adult education and training delivery can orient themselves in the world; a for-profit organization. systems. • Consortia receiving a grant under this Give voice to ideas, so that they will Deadline for Transmittal of program shall launch a standards be heard and can have an impact on the Applications world around them; development and consensus-building • Make decisions and act Applications must be received at the initiative to provide a solid foundation independently; NILF office by 4:30 pm on September for comprehensive, collaborative system • Build a bridge to the future, by 12, 1996; items delivered after that date reform and improvement. This program learning how to learn in order to keep will not be accepted. represents the third phase of a four- up with the world as it changes. Available Funds phase initiative. In October, 1995 the NIFL awarded • Phase 1: Survey of 1,500 adult eight one-year planning grants as the $600,000. learners to identify what they need to second phase of this multi-year Estimated Number of Awards know and be able to do to be equipped for the future. This study, fully initiative to assure that adults are Three; one award for each of the three elaborated in the report Equipped for ‘‘equipped for the future.’’ These roles (citizen, parent/family member, the Future: A Customer-Driven Vision planning grants provided the NIFL with worker). considerable information regarding how for Adult Literacy and Lifelong to structure and carry out a national Estimated Amount of Each Award Learning, identified four purposes for standards development initiative aimed Up to $200,000. literacy that enable adults to fulfill their at broad-reaching system reform. The responsibilities as parents, citizens, and grantees, working collaboratively with Project Period workers. These purposes are to: each other, with NIFL and its National One year, with an option to renew for —gain access to information so adults Policy Group, developed a set of up to two additional project years. can orient themselves in the world; Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41801

—give voice to ideas, so that they will legitimately represent a key performance outcomes for adult be heard and can have an impact on constituency whose buy-in is critical to education. the world around them; achieving widespread acceptance of the This work will result in a fully —make decisions and act standards. The project advisory group elaborated consensus standards independently; members shall represent national, state, framework for EFF by March 1997. —build a bridge to the future, by and grassroots constituencies (both 3. Develop content standards and learning how to learn in order to keep organizations and individuals) and be related performance indicators for what up with the world as it changes. charged with ensuring buy-in and adults need to know and be able to do • Phase 2: Planning grants to eight formal approval of the draft standards to fulfill their roles as parent/family organizations and consortia of by the constituency they represent. member, citizen and worker. The organizations to engage key literacy While project advisory group content standards and performance constituencies (learners, practitioners, membership will vary from role to role indicators shall be developed within the and other stakeholders) in building a (see #3 below), all groups shall include common standards framework described common understanding of the four adult representatives of adult learners and above, jointly elaborated and refined by learner-defined purposes for literacy as practitioners. the three grantees and NIFL with the they relate to the adult roles of parent/ 2. Work in collaboration with the guidance of NIFL’s Federal partners and family member, citizen, and worker. other two grantees, the NIFL, its Federal its National Policy Group, and through The result of this phase will be a partners, and the Equipped for the ongoing collaboration with key common standards framework Future National Policy Group, to refine constituencies (including adult learners (completed October, 1996) defining the common standards framework for and teachers) so they are grounded in what an adult needs to know and be Equipped for the Future starting with the needs of these constituencies. The content standards and able to do in each of the key roles, and the draft framework developed in the performance indicators development a common vision of system reform. second phase of the EFF initiative. The process must demonstrate that key • Phase 3: Further development and framework will ensure that: constituencies have participated and refinement of the Equipped for the • The standards for each role are contributed to the standards Future standards framework, resulting based on a consensus map of the broad development and that the grantee’s in: areas of responsibility for that role, key activities within those areas of advisory group has approved the —a consensus map of the broad areas of standards developed as a basis for responsibility, key activities and responsibility, and what adults need to know and be able to do to perform those national validation. knowledge and skills for each role; The standards development process —development of content standards for key activities; • That skills and knowledge common must incorporate significant each adult role and across all three collaboration with the key adult roles; to more than one role are clearly identified and result in the development constituencies to assure that the —development of performance standards are customer-driven (e.g., indicators for each standard; of content standards across the three roles; through group processes for standards —engaging key constituencies, • refinement with key constituencies and including adult literacy programs, in The standards development process is based on common definitions and other methods for constituency developing and refining content involvement and feedback throughout standards and performance indicators assumptions about the development and use of content standards and the developmental process). Group in order to build support for the processes for standards development standards and their use; performance indicators; • The standards share a common and refinement must include —development of a strategy for format and structure. mechanisms for assuring on-going validation of content standards and The standards framework and the piloting of content standards in adult performance indicators through pilot resulting standards shall build upon a education and training classrooms in implementation in adult education thorough familiarity with key multiple locations across the country. delivery systems. documents and major initiatives Content standards with the performance • Phase 4: Implement system reform supported by NIFL’s Federal partners, indicators will be identified by July, initiatives that are based on the including the U.S. Departments of 1997. Equipped for the Future Standards. Education, Labor, and Health and 4. Actively engage key constituencies During the grant period—October 1, Human Services, as well as other local, in the standards development process in 1996 to September 30, 1997, grantees state and national efforts including: order to build ownership and support of will engage in the following activities: • The SCANS/NJAS (the Secretary’s the standards and to assure they are 1. Establish a national project Commission on Achieving Necessary truly ‘‘customer-driven.’’ (October, 1996 advisory group to provide broad Skills/the National Job Analysis Study) through September, 1997). Key guidance and assure that all key and O*NET initiatives, U.S. Department constituencies/end users who are constituencies for the role addressed by of Labor; critical to assuring widespread use of the grant applicant have a meaningful • The work of the National Skill the standards must be identified in the role in the standards development Standards Board and other national skill grant application. The key process, leading to buy-in and formal standards initiatives; constituencies/end users identified approval of the draft standards. The • The New Standards Project and should include but not be limited to advisory group shall include related academic content standards; and teachers, learners, employers, parents, representatives of the key constituencies • Other efforts to identify appropriate civic organizations, and other standards- for the role addressed as well as performance results from learning, such setting initiatives related to the role technical expert(s) in standards as the NIFL Performance Measurement being addressed by the grantee. development and assessment. The Reporting Improvement Systems For the role of worker, these project advisory group shall meet no (PMRIS) initiative and the work of the constituencies should include such less than three times per year and be National Association of State Directors groups as: employers and employer comprised of individuals who of Adult Education to identify associations, unions, the National Skill 41802 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Standards Board, State Human Resource The November meeting is scheduled for development, including the specific Investment Councils, State skill November 14–16, 1996. standards development issues to be standards initiatives, local private 8. Participate in monthly project addressed in moving to a common industry councils and job training conference calls of two hours duration. standards framework that embraces all administrative organizations, 9. Maintain regular e-mail and other three adult roles. apprenticeship or other training contact with other grantees throughout (2) Plan of Operation includes the sponsored by organized labor, school-to- the grant period, in order to maximize project goal and objectives, work plan, work, workplace literacy, and providers sharing of information and assure the timeline, and project management plan. of other related programs. development of standards within a The applicant’s plan of operation For the role of parents, these common framework. should include: (a) what techniques the constituencies should include such 10. Cooperate with a third-party applicant will use for refining the groups as the National Coalition for evaluation of the standards standards framework, development Parental Involvement in Education, the development and constituency-building content standards, and identifying National Head Start Association, the process, lessons learned and outcomes, performance indicators; (b) how the National Coalition for Family Resources, providing project reports and other applicant will involve key the National Association of Child Care project documentation to the evaluation constituencies in project Resource and Referral Agencies, Even team, participating in interviews, and decisionmaking and standards Start State Coordinators, The Center for assisting in collecting evaluation data, development, implementation, Law and Education, the National and in other ways cooperating with the marketing/dissemination, and Education Association, the American project evaluation. validation tasks; (c) how the applicant Federation of Teachers, Parent-Teacher Proposal Narrative will work with the two other grantees to Associations, and Even Start, Head Start assure that the standards share a and other family literacy providers. The applicant’s proposal narrative common format, structure, and language For the role of citizens; these must be organized and contain the and that this initiative results in a constituencies should include such information as described in the unified standards framework and groups as the Center for Civic following sections. consistency in the standards across the Education, developers of the National (1) Approach to Standards three grantees; and (d) how the Standards for Civics and Government Development for System Reform applicant will document and monitor (K–12 education), Kettering Foundation/ describes the applicant’s view of why project processes and results. National Issues Forum, American Bar standards development is important in (3) Organizational Capability Association, League of Women Voters, the adult literacy and human resource demonstrates the ability and experience National League of Cities, VERA, The development field and how the of the applicant and the members of its Center for Civic Literacy, the National applicant envisions standards being consortium to perform the tasks Urban League, and other grassroots, used to improve the quality of the required in this project and its skills, state and national organizations and service delivery system. This section technical expertise and knowledge in associations that focus on civil rights, also includes the applicant’s criteria for standards development, adult literacy neighborhood action, etc. effective standards, philosophy of instruction, and consensus-building 5. August 31, 1997, develop a plan for standards development and consensus- among diverse constituencies at the nationwide validation and building, and an overview of the key national, state, and local levels. implementation of the content standards features of the applicant’s approach for (4) Qualifications of Key Personnel and related performance indicators in supporting the purposes of the EFF describes the qualifications of each staff adult education and job training initiative and achieving the project person for the project position to which delivery systems, in cooperation with objectives described above. they have been assigned, identifies his/ NIFL, its Federal partners, the National In particular, the applicant should her employment organization, and Policy Group and the other grantees. describe its approach to effectively provides an overview of his/her These plans should reflect the use of the building on the work accomplished in experience, knowledge, and capability EFF standards in building linkages with Phases 1 and 2 of the Equipped for the to perform the work described as other key components of the nation’s Future Initiative and related work demonstrated by the conduct of similar workforce development system. appropriate to each role. This work is work in related settings. Validation strategies may also include particularly substantial for the role of (5) Demonstrated Commitment of national surveys, constituency group worker, including the U.S. Department Partners and Key Constituencies review and analysis of the standards or of Labor’s work on SCANS, the National provides evidence (e.g., letters of similar strategies. The elements and Job Analysis Study which builds on commitment) that show that (a) project criteria for the validation process will be SCANS to identify the work activities advisory board members and other developed jointly with NIFL and the that the critical in the most competitive partners in the consortia understand other grantees. business environments, the O*NET to their roles and are prepared to fulfill 6. Identify technical assistance replace the DOT with a relational them at the level described in the needed to assure the success of steps 1– database that contains comprehensive proposal; and (b) key constituencies 5 above of the EFF initiative. Technical information about worker requirements significant to the relevant role are assistance requirements are expected to and characteristics, experience supportive of the applicant’s grant include the unique needs of the requirements and occupational applications. applicant as well as needs that are requirements and characteristics useful common to all grantees. The NIFL will to students, educators, employers and Selection Criteria engage technical assistance services to workers (further information in EFF In evaluating applications for a grant support the work of the EFF projects Orientation Packet). under this competition, the Director under this grant. Using the draft material from Phase 2 uses the following selection criteria 7. Participate in three, two-day project provided in the EFF Orientation Packet, (Total 105 points): meetings in November 1996, March the applicant should demonstrate its (1) Approach to Standards 1997, and July 1997 in Washington, DC. technical approach to standards Development (30 points): the Director Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41803 reviews each application to determine recommended to assure this initiative (iii) individuals with a broad the extent to which the applicant’s results in a unified standards framework understanding of the workforce approach to standards development and and consistency in the standards across development system and the ability to consensus-building is appropriate to the three grantees; leverage the involvement of influential achieving goals of Equipped for the (d) the quality of the applicant’s plan representatives from other program Future, including: to involve key constituencies in project areas that constitute this system. (a) the extent to which the applicant’s decisionmaking and standards (4) Commitment of Partners and Key proposed approach to standards development, implementation, Constituencies (15 points): The Director development: marketing/dissemination, and reviews each application to determine (i) demonstrates knowledge and validation tasks; the quality of the plan for engaging understanding of the Equipped for the (e) the soundness of the plan for partners and key constituencies, Future Initiative, its products to date documenting and monitoring the project including: and long term goals; processes and results. (a) the extent to which the applicant (ii) demonstrates knowledge of and (3) Organizational Capability and has understanding of key documents and Qualifications of Key Personnel (25 (i) assembled a national advisory initiatives related to the role it proposes points): The Director reviews each group that represents key constituencies to develop standards for; including the application to determine the capability for their role; and research literature; of the applicant to achieve the goals of (ii) secured written documentation of (iii) builds on the first two project the project including: each member’s ability to represent that phases and other related initiatives (a) the extent to which the applicant constituency on the advisory group; rather than ‘‘reinventing’’ that work; and provides a full description of each of the (b) the extent to which the applicant (iv) demonstrates a philosophy of organizations that make up the has identified other appropriate collaborative standards development consortium, including how that constituencies to participate in the that is consistent with the EFF approach organization contributes to the project; and philosophy; consortium’s experience and capability (c) the quality of the applicant’s plan (b) the extent to which the applicant’s to: for assuring that each constituency has proposed approach leverages standards (i) lead a broad-based collaborative the opportunity for appropriate and development tasks to build consensus national process for adult learning meaningful involvement in project among key constituencies and effect systems reform and improvement that is activities; system reform; standards-driven; (d) the explicit and documented (c) the quality of the technical (ii) develop technically defensible commitment of each constituency to approach demonstrated in the customer-driven content standards of participate in the project. applicant’s evaluation of the draft what adults need to know and be able (5) Budget and Cost Effectiveness (5 standards in the EFF Orientation Packet, to do, related performance indicators points): The Director reviews each including the identification of specific and validate them on a national basis; application to determine the extent to issues and challenges to be addressed in and which: moving to a common standards (iii) leverage the commitment and (a) The budget is adequate to support framework that embraces all three adult involvement of key constituencies at the grant activities; roles. national, state, and local levels; (b) The costs are reasonable in (2) Plan of Operation (30 points): The (b) the soundness of the staffing and relation to the objectives of the project; Director reviews each application to organization plan for the consortium, (c) The budgets for any subcontracts determine the quality of the plan for including are detailed and appropriate; and developing standards and building (i) how roles and responsibilities will (d) The budget details any resources, consensus among key constituencies, be assigned among the organizations cash or in-kind, that the applicant will including: within the consortium to assure clear provide or seek in order to supplement (a) the extent to which the applicant lines of decisionmaking and effective grant funds. states clear and measurable goals and use of each organization’s strengths; Other Application Requirements objectives for the project; (ii) a statement of clear performance (b) the extent to which the applicant objectives for key staff; The application shall include the provides a fully detailed plan and (iii) the scope and nature of their following: timeline for achieving these goals which responsibilities; Project Summary: The proposal must (i) includes specific strategies and (iv) the level of effort they will devote contain a one page summary of the techniques for refining the standards to this project; and proposed project suitable for framework, developing and refining (v) the inclusion of a project publication. It should not be an abstract content standards, and identifying organization chart; of the application, but rather a self- performance indicators on a national (c) the extent to which staff assigned contained description of the project’s basis; to key positions include appropriate goals, approach and the activities (ii) identifies specific mechanisms for qualifications, in terms of knowledge, proposed. The summary must include involving adult learners and experience and proven capability to the following information: practitioners as well as other key perform the work described; a. Name of applicant organization. constituencies in these activities; and (d) the inclusion among the staff of b. Description of the consortium (iii) addresses the 10 key project individuals with specific expertise, proposing the project and the key activities and dates described in the including constituencies represented. Description of Program above; (i) individuals with demonstrated c. Adult role to be addressed in the (c) the quality of the applicant’s plan experience in related standards plan: parent/family member, citizen or for working with the two other grantees development efforts; worker. to assure that the standards share a (ii) individuals with direct experience Proposal Narrative: This narrative common format, structure, and in adult literacy instruction and/or should not exceed twenty (20) single- language, including strategies curriculum development; and spaced pages, or forty (40) double- 41804 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices spaced pages. The narrative may be must be listed. The list must include the Application Forms amplified by material in attachments proposed project and all other projects The appendix to this announcement and appendices, but the body should requiring a portion of time of the Project is divided into three parts plus a stand alone to give a complete picture Director and other project personnel, statement regarding estimated public of the project. Applications which even if they receive no salary support reporting burden and various assurances exceed 20 single-spaced pages or 40 from the project(s). The number of and certifications. These parts and double-spaced pages will not be person-months or percentage of effort to additional materials are organized in the reviewed. be devoted to the projects must be same manner that the submitted Summary Proposal Budget: The stated, regardless of source of support. application should be organized. The proposal must contain a budget for Similar information must be provided parts and additional materials are as support requested. The budget format for all proposals that are being follows: may be reproduced as needed. considered by or will be submitted soon Part I: Application for Federal Facsimiles may be used, but do not to other sponsors. Assistance (ED Form 424, Rev. 4– make substitutions in prescribed budget If the project now being submitted has categories. Additional pages for budget 94) and instructions been funded previously by another Part II: Budget Information—Non- explanation and amplification should be source, the information requested in the Construction Programs (ED Form attached and must be consistent with paragraph above should be furnished for 524) and instructions the data and categories on the form. All the immediately preceding funding Part III: Application Narrative budget requests must be documented period. If the proposal is being Additional Materials: and justified. submitted to other possible sponsors, all Estimated Public Reporting Burden The Institute is reviewing the of them must be listed. Concurrent Assurances—Non-Construction possibility of restricting indirect costs to submission of a proposal to other Programs (Standard Form 424B) 8% for this grant. Certification Regarding Lobbying; Budget Proposal: The budget proposal organizations will not prejudice its review by the Institute. Debasement, Suspension, and other should be A SEPARATE DOCUMENT. Responsibility Matters; and Drug- Any fee proposed to be paid to a Personnel items should include the Free Workplace Requirements (ED collaborating or ‘‘partner’’ for-profit names (or position titles) of key staff, 90–0013) entity should be indicated. (Fees will be number of hours, and applicable hourly Certification Regarding Debarment, negotiated by the Grants Officer.) Any rates. Discussion of equipment, Suspension, Ineligibility and copyright, patent or royalty agreements supplies, and travel should include both Voluntary Exclusion: Lower Tier (proposed or in effect) must be the cost and the purpose and Covered Transactions (ED 80–0014, described in detail, so that the rights justification. Budgets should include all 9/90) and instructions applicant’s costs and should identify and responsibilities of each party are Disclosure of Lobbying Activities contributed costs, and support from made clear. If any part of the project is (Standard Form LLL) (if applicable) other sources, if any. Sources of support to be subcontracted, a budget and work and instructions should be clearly identified in all plan prepared and duly signed by the instances. The financial aspects of any subcontractor must be submitted as part Note: ED 80–0014 is intended for the use of the overall application and addressed of recipients and should not be transmitted cost sharing and joint or cooperative to the National Institute for Literacy. funding by members of a consortium in the narrative. formed for purposes of the applications An applicant may submit information Instructions for Transmittal of on a photostat copy of the application should be shown in a detailed budget Applications for each party. These budgets should and budget forms, the assurances and reflect the arrangements among the (1) The original and two (2) copies of the certifications. However, the parties, and should show exactly what the application must be received by application form, the assurances, and cost-sharing is proposed for each budget September 12, 1996, at the address certifications must each have original item. below. Applicants are encouraged, but certifications and must each have an Disclosure of Prior Institute Support: not required, to submit three (3) original signature. No award can be If any subcontractor, partner, additional copies of the application, but made unless a completed application consortium member, or organization has will not be penalized if additional has been received. received Institute funding in the past copies are not received: National Grant Administration two years, the following information on Institute for Literacy, 800 Connecticut The administration of the grant is the prior awards is required: Avenue, NW, Suite 200, Washington, governed by the conditions of the award • Institute award number, amount DC 20006, Attention: (CFDA #84.257M). letter. The Education Department and period of support; (2) The National Institute for Literacy • A summary of the results of the General Administrative Regulations will mail a Grant Applicant Receipt completed work; and (EDGAR), 34 CFR Parts 4, 75, 77, 79, 80, • A brief description of available Acknowledgment to each applicant. If 81, 82, 85 and 86 (July 1, 1993), set forth materials and other related research an applicant fails to receive the administrative and other requirements. products not described elsewhere. notification of application receipt This document is available through your If the applicant has received a prior within 15 days from the date of mailing public library and the National Institute award, the reviewers will be asked to the application, the applicant should for Literacy. It is recommended that comment on the quality of the prior call the National Institute for Literacy at appropriate administrative officials work described in this section of the (202) 632–1500. become familiar with the policies and application. (3) The applicant must indicate on the procedures in the EDGAR which are Current and Pending Support: All envelope and in Item 10 of the applicable to this award. If a proposal is current project support from whatever Application for Federal Assistance (ED recommended for an award, the Grants source (such as Federal, State, or local Form 424 [Revised 4/94]) the X257M Officer will request certain government agencies, private number of the competition under which organizational, management, and foundations, commercial organizations) the application is being submitted. financial information. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41805

The following information on grant [CFDA No. 84±257F] Institute for Literacy and other national administration dealing with questions literacy organizations to enhance the such as General Requirements, Prior Application for Technology Grant national literacy infrastructure. Awards to Governor's State Literacy Approval Requirements, Transfer of ‘‘Literacy Community.’’ Individuals Resource Centers to Build a National Project Director, and Suspension or and groups at all levels nationwide that Electronic Information and termination of Award, should be are actively involved with adult literacy Communication Network for Literacy referred to the Grants Officer. and basic skills instruction, including by Establishing a Regional Hub on the individuals such as researchers, Reporting: In addition to working Internet in Region I Designated by the practitioners, policymakers, adult closely with the Institute, the applicant U.S. Department of Education's Office learners, and administrators, and groups will be required to submit an annual of Vocational and Adult Education such as state and local departments of report of activities, and other products AGENCY: education, human services, and labor; as described in the DESCRIPTION OF The National Institute for Literacy. libraries; community-based PROGRAM above and in the cooperative organizations; businesses and labor ACTION: Notice. agreement between the applicant and unions; and volunteer and civic groups. the NIFL. DATE: Applications must be received at ‘‘OVAE regions.’’ The four regions of Acknowledgment of Support and the NIFL office by 4:30 pm on the United States designated by the U.S. Disclaimer: An acknowledgment of September 12, 1996; items delivered Department of Education’s Office of Institute support and a disclaimer must after that date will not be accepted. Vocational and Adult Education appear in publications of any material, (OVAE): NOTE TO APPLICANTS: This notice is a Area I: Connecticut, Delaware, whether copyrighted or not, based on or complete application package, except District of Columbia, Maine, Maryland, developed under NIFL-supported for required forms. Together with the Massachusetts, New Hampshire, New projects: statute authorizing the program and Jersey, New York, Pennsylvania, Puerto ‘‘This material is based upon work applicable regulations governing the Rico, Rhode Island, Vermont, Virgin supported by the National Institute for program, including the Education Islands. Literacy under Grant No. (Grantee Department General Administrative Area II: Alabama, Arkansas, Florida, should enter NIFL grant number).’’ Regulations (EDGAR), the notice Georgia, Kentucky, Louisiana, contains all the information, Mississippi, North Carolina, Oklahoma, Except for articles of papers published regulations, and instructions needed to South Carolina, Tennessee, Texas, in professional journals, the following apply for a grant under this competition. Virginia, West Virginia. disclaimer should be included: FOR FURTHER INFORMATION CONTACT: Area III: Illinois, Indiana, Iowa, ‘‘Any opinion, findings, and Jaleh Behroozi Soroui, NIFL, 800 Kansas, Michigan, Minnesota, Missouri, conclusions or recommendations Connecticut Avenue, NW, Suite 200, Nebraska, North Dakota, Ohio, South expressed in this material are those of Washington, DC 20006. Telephone: Dakota, Wisconsin. the authors) and do not necessarily 202–632–1506. FAX: 202–632–1512. E- Area IV: Alaska, Arizona, California, reflect the views of the National mail: [email protected]. Colorado, Hawaii, Idaho, Montana, Institute for Literacy.’’ Information about the Institute’s Nevada, New Mexico, Oregon, Utah, funding opportunities, including the Washington, Wyoming, Federal States of Instructions for Estimated Public Micronesia, Guam, Marshall Islands, Reporting Burden: According to the application notices can be viewed on the LINCS WWW server (under Current No. Mariana Islands. Paperwork Reduction Act of 1995, no ‘‘Regional Hub’’ an Internet-based Events, under grants). LINCS URL: persons are required to respond to a electronic information retrieval and http://novel.nifl.gov. collection of information unless it communication site, operating through displays a valid OMB control number. SUPPLEMENTARY INFORMATION: an SLRC, that acts as the focal point for The valid control number for this Definitions LINCS activity, including training and information collection is 3200–0033, technical assistance, for a particular Expiration date August 1999. The time For purposes of this announcement OVAE region. required to complete this information the following definitions apply: Background collection is estimated to average 80 ‘‘Literacy.’’ An individual’s ability hours per response, including the time read, write, and speak in English, and The National Institute For Literacy to review instructions, search existing compute and solve problems at levels of (NIFL), as authorized by the National data resources, gather the data needed, proficiency necessary to function on the Literacy Act of 1991, has the legislative and complete and review the job and in society, to achieve one’s goals mandate to develop a national literacy and develop one’s knowledge and information collection. data base. The intent of this mandate potential (as stated in the National was to consolidate scattered and Carolyn Staley, Literacy Act of 1991). inaccessible information resources for Deputy Director, National Institute for ‘‘State Literacy Resource Centers literacy. Literacy. (SLRCs)’’ State or regional organizations As a first step toward carrying out this [FR Doc. 96–20489 Filed 8–9–96; 8:45 am] supported through any combination of change, and in keeping with the BILLING CODE 6055±01±M federal, state, or private funds that has Administration’s ‘‘information the purpose of coordinating the delivery superhighway’’ initiative, NIFL and improvement of literacy services conducted a study in 1992 of the across agencies and organizations in the literacy community’s information needs state or region, enhancing the capability by type of users, quality and format of of state and local organizations to existing literacy sources and data bases. provide literacy services, building a Following up on the results of this database of literacy related information, survey in 1993, NIFL formed eight work and working closely with the National groups of representatives from the 41806 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices literacy community to develop a vision technology, the regional hubs facilitate Deadline for Transmittal of and work plan for establishing its access to information and resource Applications: Applications must be information and communication system, sharing within and among the regional received at the NIFL office by 4:30 pm which is now called LINCS (the Literacy literacy communities and encourage the on September 12, 1996; items delivered Information and Communication collection of information that is after that date will not be accepted. System). The work groups used a increasing the literacy knowledge base. Available Funds: This announcement consensus-building process to produce a The three regional electronic envisions a two year cooperative framework, standards, and guidelines information and communication hubs agreement. In the first year a total of for LINCS, which are presented in are: $150,000 is available for the grant. Year NIFL’s ‘‘Starting Point’’ manual. • California State Literacy Resource 2 funding is subject to program In order to implement the work Center & Outreach Technical Assistance authorization and availability of groups’ vision and plans, NIFL Network (OTAN), at Sacramento County appropriations, and contingent upon developed the LINCS on-line prototype Office of Education. satisfactory completion of the first year to examine and demonstrate the • Ohio State Literacy Resource plan of action. potential and capabilities of an Internet- Center, at Kent State University. Estimated Number of Awards: No based national literacy information and • Texas State Literacy Resource more than 1 award in Region I. communication network. Center, at Texas A&M Research Estimated Award Amount: $150,000. The LINCS prototype has been Foundation, and Tennessee State Project Period: Up to 24 months. developed as a World Wide Web system Literacy Resource Center. Selection Criteria: (a)(1) In evaluating on the Internet, accessible by Mosaic or The NIFL will award one additional applications for a grant under this Netscape, and Lynx. It is designed to grant to a SLRC in Region I for the competition, the Director uses the access literacy data available in multiple creation of a hub. The grant, as with the following selection criteria. locations, and features searchable three existing grants, will be used as (2) The maximum score for all of the criteria in this section is 100 points. literacy holdings (including SLRC seed money to attract ongoing support (3) The maximum score for each holdings) and other literacy resources. It from other sources. Only one grant will be made within OVAE Region I. criterion is indicated in parentheses also provides access to the databases of with the criterion. ERIC, OTAN (Outreach and Technical Purpose: The purpose of the technology grant program is to create (b) The Criteria—(1) Mission and Assistance Network), TTRC (Training Strategy. (10 points) The Director Technology Resource Center) NCAL regional electronic information and communication hubs for literacy that reviews each application to determine (National Center on Adult Literacy), the how well the applicant has related the National Adult Literacy and Learning will— 1. Build the technological capacity for mission and strategy of the project to Disability Center, and the Library of NIFL’s overall goals and priorities, Congress. In addition, the prototype electronic information exchange among SLRCs within each OVAE region including: includes E-mail, an event calendar, (i) The degree to which the plan for through a consortia of states that funding announcements, and creating a regional hub reflects an cooperate in sharing resources and information on legislation. understanding of the major tasks NIFL’s plan for the next two years is expertise. 2. Enable individual SLRCs to share necessary to achieve NIFL’s goals for to establish the LINCS prototype as the building regional capacity; data with the literacy community and foundation for a national electronic (ii) The quality of the plans for with major national adult literacy literacy network by upgrading the developing an appropriate, coherent, technological capabilities of the field. holdings by linking them with each and effective program to achieve the Major components of the plan are: other and the LINCS prototype. project’s goals; (1) To broaden the literacy 3. Demonstrate the use of the LINCS (iii) The effectiveness of proposed community’s access to literacy prototype by other state agencies and strategies for providing regional resources, local adult literacy service providers in leadership to consortium members and (2) To develop policies and efforts to improve program and other partners; and procedures for information sharing professional development. (iv) The quality of plans to establish throughout the literacy community, 4. Increase the literacy field’s effective working relationships with (3) To enhance awareness throughout knowledge base by using the ‘‘Starting other organizations in the region as the literacy community about the Point’’ manual standards to develop a required for effective development of potential of a state-of-the-art systematic procedure for collecting new the project. information and communications literacy information resources, specially (2) Institutional Capability. (15 points) technology for the field of adult unpublished materials. The Director reviews each application to education, NIFL intends the value of this determine the capabilities of the (4) To ensure that LINCS keeps pace technology project to extend beyond the organization to sustain a long-term, high with the state-of-the-art technology and SLRCs to the literacy community as a quality, and coherent program, becomes increasingly more capable of whole. The larger goals of LINCS are to including: enriching literacy services through the bring the community together—literacy (i) The applicant’s experience in provision of comprehensive information researchers, practitioners, establishing and carrying out resources to the literacy community. administrators, students, and collaborative working relationships with policymakers—and to close the gap other states, other state agencies, and Overview of the Technology Project between information ‘‘haves’’ and ‘‘have other public and private groups; To build an infrastructure that can nots.’’ These goals can only be met by (ii) The applicant’s experience in support electronic communications and expanding the network to increasingly developing materials and methods for information exchange for literacy, NIFL greater numbers of individuals and training and technical assistance to currently supports SLRCs in Regions II, groups in the literacy field. adult literacy providers. III and IV. These hubs create a base for Eligible Applicants: SLRCs within (iii) The ability of the applicant to expansion of LINCS into a national Region I are eligible to apply for an carry on the project when NIFL funding network. Using state-of-the-art award under this program. has ended. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41807

(3) Plan of Operation. (30 points) The plan for the consortium, including the e. State the overall expected project Director reviews each application to adequacy of: achievements for the end of the two- determine the quality of the plan of (i) The methods and mechanism year grant period. operation for the project, including: which will be used to document the 2. Institutional Capabilities (i) The quality of the design of the consortium’s progress in relation to its project; mission and goals; and a. State the applicant’s qualifications (ii) The extent to which the plan of (ii) The methods which will be used to act as lead site of a regional management is effective and ensures to document the impact of the consortium of all other SLRCs in the proper and efficient administration of consortium’s program on its target region. Describe the applicant’s ability the project; audiences. to carry out the proposed project and to (iii) How well the objectives of the Applications should describe and deliver the proposed services. project relate to the purpose of the justify the methods used to ensure that b. Describe the applicant’s staff and LINCS; the consortium’s work is of high quality (iv) The extent to which the applicant organizational capacity to play a as evaluated by the above procedures. leadership role in mobilizing a provides for effective collaboration (7) Quality of Key Personnel. (5 between SLRCs and other agencies; consortium of the region’s SLRCs to points) The Director reviews each carry out the work of this grant, (v) The quality of the applicant’s plan application to determine the quality of to use its resources and personnel to including the applicant’s willingness key personnel for the project, including: and ability to— achieve each objective; and (i) The qualifications of the project (vi) The extent to which the director for each project activity; (1) Serve as the lead resource for applicant’s plan for year 1 provides for (ii) The qualifications of key sharing literacy data collections among achieving the minimum project personnel in each consortium member states and for developing its own and outcomes listed under Program state for each project activity; other states collections on a local, Narrative. (iii) The extent to which key statewide and regional basis. The (4) Technical Soundness. (20 points) personnel have experience and training applicant should have its own sizeable The Director reviews each application to in fields related to the objectives of the literacy collection (or a clear plan for determine the technical soundness of project; and acquiring such a collection), especially the proposed project, including: (iv) The applicant’s policy, as part of of unpublished material, and the (i) The extent to which the applicant its nondiscriminatory employment capacity to make it electronically demonstrates a thorough knowledge of practices, to ensure that its personnel available to other SLRCs and state literacy data collections, dissemination are selected for employment without agencies. and applying the required Institute’s regard to race, color, national origin, (2) Organize its information holdings guidelines and standards. religion, gender, age, or disability. and those of other SLRCs by applying (ii) The extent to which the applicant NIFL standards and guidelines as demonstrates knowledge of current Application Requirements presented in the ‘‘Starting Point’’ databases, telecommunications Project Narrative manual, as well as the literacy thesaurus practices, equipment configurations and being developed by the NIFL work The project narrative is critical and maintenance. group. (iii) Evidence of the commitment of must thoroughly reflect the capabilities (3) Provide the necessary technical the applicant to provide technical of the applicant, as well as the degree support and expertise, especially in support and equipment to the members and level of cooperation with other telecommunications, to less of consortium; SLRCs in the region, and the three technologically advanced SLRCs. This (iv) Evidence that the applicant will existing recipients, related to includes: ensuring continuing on-line consider the perspectives of a variety of implementing this technology project. access among members, coordinating service providers in carrying out the The narrative should not exceed the installation of equipment and work of the consortium; twenty (20) single-spaced pages, or forty (v) The extent to which the training (40) double-spaced pages. The narrative software, and providing technical content is comprehensive and at an may be amplified by material in assistance and training as appropriate. appropriate level; and attachments and appendices, but the (4) Provide the necessary support and (vi) The extent to which training body should stand alone to give a expertise, as described in b(3) above, to methods are likely to be effective. complete picture of the project. other state agencies and selected local (5) Budget and Cost Effectiveness. (10 Proposals which exceed 20 single- literacy service providers. points) The Director reviews each spaced pages or 40 double-spaced pages (5) Develop a plan for continuing the application to determine the extent to will not be reviewed. project after the end of the two-year which: The narrative must encompass the full project period, including prospective (i) The budget is adequate to support two years of project activities and must sources of support. consortium activities; cover the following areas: (6) Collaborate with NIFL throughout (ii) Costs are reasonable in relation to 1. Mission and Strategy the process of creating the regional hub the objectives of the consortium; in order to assure the uniform (iii) The budgets for any subcontracts a. State the goals and objectives of the presentation of information across the are detailed and appropriate; and two-year project. Explain how they LINCS. (iv) The budget details resources, cash relate to overall NIFL goals and and in-kind, that the applicant and contribute to the development of LINCS. (7) Share project experience with others, particularly other consortium b. Describe how the project will build other regions’ SLRCs and the NIFL members, will provide to the project in regional technological capacity. through quarterly performance reports. addition to grant funds. c. Describe the services that will be c. Describe the applicant’s ability to (6) Evaluation Plan. (10 points) The provided to other SLRCs in the region. secure support from other agencies and Director reviews each application to d. Explain how the project will serve groups in sustaining the project at the determine the quality of the evaluation the broader literacy community. end of the two-year grant. 41808 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

3. Plan of Operation (5) How the applicant will collect and (3) How the applicant will provide for The applicant must develop a two- organize program data. the management of any other (6) How the applicant will ensure year plan that is both ambitious and partnership, consultant or subcontract adoption of ‘‘Starting Point’’ standards realistic. While aiming high, the arrangement with the rights and and work with other SLRCs in the areas applicant must demonstrate an responsibilities of each party set forth of collection of data, organization and awareness of the constraints inherent in clearly. information dissemination. (4) The identification of key staff each particular situation. The plan must (7) How and to what extent the address both the immediate needs and members, their specific roles, and the applicant will involve other agencies number of hours required to carry out the future vision and direction of the and organizations, especially state regional technology project. their tasks. departments of education, human (5) A description of any cost-sharing, The Director is particularly interested services, and labor, in the design and cooperative funding, or other special in applicants whose plans include implementation of the regional hub. financial arrangements. provisions for— (8) How the applicant will achieve, at d. Access: Describe how the applicant • Forming a consortium with all other a minimum, the following outcomes in will extend LINCS access to other state SLRC’s in the region and securing the year 1: agencies and local literacy service explicit commitment of each to (a) The establishment of a regional providers, including: participate in the project through the hub for LINCS on the Internet. (1) How the applicant will promote development of formal agreements (b) An on-line database of widespread access to and use of the delineating the roles and unpublished materials using ‘‘Starting regional hub. responsibilities of all members and a Point’’ standards. (2) How the applicant will work with regional plan of action with timeliness (c) An on-line directory of the regional consortium members to select of tasks achieved, including input from regional consortium’s literacy programs local sites to participate in the project. interested public and private using ‘‘Starting Point’’ standards. (3) How the applicant will support organizations; (d) A bulletin board function. LINCS use by other agencies and at the • (e) Link-up with a least two major Increasing adult literacy holdings local level, including— educational/workforce or legislative and access of the literacy community to (a) The kind of hardware and software these holdings as LINCS expands; databases in the region. • (f) Link-up with a minimum of 10 to be used. Developing partnerships with other (b) The training and technical local service provider or local literacy state agencies and public and private assistance to be provided. entities, including business and coalition level sites. (g) Promotion of widespread access to, (c) The focus to be taken by an agency industry, that can further project or local site in using LINCS (i.e., a site objectives and provide ongoing support and use of, the regional hub. b. Connectivity. Describe the level at could focus on using the system in to the project after the grant has ended; information retrievel, or exploring on- • which consortium members will be Building upon the efforts of the line communication between three existing hubs in implementing the connected to the regional hub and to each other, including how the applicant practitioners and adult learners, or technology project; exchanging teaching tools and • Collaborating with other related will achieve, at a minimum, the following outcome in year 1: All curricula). electronic information exchange efforts, (4) How the applicant will solicit and such as those run through libraries and consortium members and at least 10 local literacy service providers in one or use feedback from other agencies and universities, to widen usage of LINCS in more of the member states will be local providers in assessing the the field; and linked up with the regional hub and network’s potential and refining the • Extending usage of the regional hub able to— work of the regional hub. and the LINCS to local programs and (1) Retrieve information provided by (5) How the applicant will achieve, at practitioners. the hub, a minimum, the following outcome in Also, innovative local programs with (2) Transfer files, year 1: At least 10 local literacy service a strong leaner centered orientation, as (3) Engage in on-line discussion providers in one or more of the member well as coalitions of literacy providers. groups, states will have the capability to use the Accordingly, applicant’s plan must (4) Access the LINCS prototype. services of the regional hub. address the following: c. Organization and Management: e. Collaboration: Describe how the a. Regional Hub: Describe how the Describe the ways in which the applicant will assure collobration with applicant will establish a regional hub applicant will ensure appropriate other related agencies, organizations, on the Internet that will provide a organization and management of project and projects in the region, including seamless interface between SLRCs in the activities, including: how the applicant will work with other region and LINCS, including: (1) How the applicant will involve an regional consortium member states to— (1) How the applicant will establish advisory group including (1) Secure the active cooperation and and maintain a regional hub that mirrors representatives from all regional partnership of appropriate state the LINCS’s information structure and consortium member states in overseeing agencies, including education, labor, the system architecture, as described in project implementation and evaluating and human services. Technical Soundness section a and b. progress. (2) Identify and connect with other (2) What hardware, software, and (2) How the applicant will provide for projects in the region that use networking system will be used to developing a formal agreement with all technology in the areas of develop the hub and why they were consortium member SLRCs that clearly telecommunications, on-line services, chosen. identifies the rights, roles, and networking and multi-media. (2) How the equipment meets NIFL responsibilities of each state with regard requirements. to spending plan, technical assistance, 4. Technical Soundness (4) How the applicant will develop a training, timeline, developing criteria to a. Describe how the applicant will collection of unpublished literacy select local service providers, evaluation install an electronic system for the materials. and design of the hub. regional hub that mirrors the LINCS Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41809 structure, which consists of the e. Describe the applicant’s provisions major tasks or milestones, including following: a UNIX-based work station, for training and technical assistance, estimates of funds, time, training connected to the Internet via the NIFL including— schedules, personnel, facilities and LAN, with information maintained in (1) How the applicant will assess the equipment allocated to each program both HTML documents and WAIS relevant skills and knowledge of each area. The timing of progress and other databases. This work station is the consortium member SLRC and pool this reports, meetings, and similar events World Wide Web (WWW) server, and expertise for the benefit of all should be included. also provides access to the Lynx WWW consortium members. 6. Monitoring and Evaluation client for those users unable to use (2) How the applicant will assist all graphical clients, such as Mosaic. The consortium member SLRCs in selection The applicant must provide a detailed software developed for the NIFL home and installation of hardware and monitoring and evaluation plan that page by the Logistics Management software within the proposed timeline. will demonstrate the effectiveness of the Institute is freely available for re-use. (3) A commitment to regional training project in achieving the objectives of the b. Describe how the applicant will and staff development for consortium grant, including— create a home page design that is similar members. a. A process for ongoing evaluation (4) How provisions will be made for to the LINCS home page, so that the and acquiring on-line and off-line input well-organized and ongoing training same ‘‘look and feel’’ can be achieved from users. that addresses a full range of needs. throughout the network. (For example, a b. How the applicant will measure (5) How administrators in each and evaluate the impact of the project proposal for a World Wide Web server consortium member SLRC and local site providing Mosaic- and Lynx-based on— will learn about the potential of LINCS (1) the members of the consortium access to a region’s literacy resources and the regional hub, the pros and cons and linkage to the NIFL home page (their connectivity, access, data of various applications, how to connect collection and organization), would receive greater consideration to the system and benefit from it, and than a proposal for information (2) the broader literacy community, how to help their own clients tap into especially other state agencies and local maintained on one or multiple WAIS the national bank of resources available database servers). literacy service providers; through LINCS. c. How results of the evaluation will c. Describe how the applicant will, at (6) How the applicant will teach be confirmed and reported. a minimum— specific skills as well as an (1) Acquire a 56kbps or faster direct understanding of the power of the new Other Application Requirements Internet connection. technology and a desire for acquiring it The application shall include the (2) Develop a WAIS database server or and making it accessible to local literacy following: servers on the Internet. practitioners throughout the region, and Project Summary: The proposal must (3) Populate the WAIS database(s) ways of exploring the impact that it will contain a 200-word summary of the with literacy collections and program have on teaching and learning methods. proposed project suitable for data, using ‘‘Starting Point’’ record (7) How the applicant will determine publication. It should not be an abstract structures and standards. the type and the level of the training, of the proposal, but rather a self- (4) Provide technical assistance, and designate adequate funding. contained description of the activities (8) How the applicant will select funding and resources to assure that all that would explain the proposal. The training models (such as training consortium members are connected to summary should be free of jargon and trainers or workshops supplemented by the Internet and are contributing and technical terminology, and should be peer coaching or modeling) that meet sharing adult literacy data. understandable by an intelligent but the needs of geographically dispersed non-specialist reader. d. Describe the applicant’s provisions staff at various levels of knowledge and for equipment, including— Budget Proposal: ED Form 524 must skills, especially given rapid changes in be completed and submitted with each (1) What equipment will be used to technology. establish the regional literacy hub or application. The form consists of (9) How the applicant will achieve, at Sections A, B, and C. on the back of the hubs. a minimum, the following outcomes in form are general instructions for (2) How the applicant will assess the year 1: completion of the budget. All applicants equipment needs for each consortium (a) Consortium member SLRC’s must complete Sections A and C. If member. hardware and software are installed and Section B is completed, include the (3) What equipment will be used to functional. nature and source of non-federal funds. link each consortium member to the (b) A measurable training plan, which Attach as Section C a detailed regional hub and to LINCS. includes training staff of consortium explanation and amplification of each (4) The reason for purchasing or member states, local sites, and other involved agencies in the use of the budget category. Included in the upgrading equipment, as well as explanation should be a complete software and networking systems, for Regional hub, will be developed and implemented. justification of costs in each category. each member. Additional instructions include: (5) How the equipment funded by this 5. Efficiency and Economy • Prepare a separate itemization and grant will be maintained. a. Cost Effectiveness: The applicant narrative for each of the SLRCs in the (6) How issues of technology must demonstrate how it will ensure— region in addition to submitting an refreshment and obsolescence will be (1) the most efficient and cost- itemized budget narrative for the project addressed. effective use of the funding, as a whole. (7) How the applicant will achieve, at (2) continuation of the project at end • Personnel items should include a minimum, the following outcome for of the grant through securing additional names (titles or position) of key staff, year 1: The lead site and consortium funds to continue and expand the number of hours proposed and members will all have the equipment project. applicable hourly rates. necessary to perform functions b. Time Line: The applicant’s plan • Include the cost, purpose, and described in the plan of operation. must contain a table or diagram with justification for travel, equipment, 41810 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices supplies, contractual and other. Instructions for Transmittal of Disclosure of Lobbying Activities Training stipends are not authorized Applications (Standard Form LLL) (if applicable) and under this program. (1) The original and two (2) copies of instructions. • Clearly identify in all instances An applicant may submit information the application must be received by contributed costs and support from on a photostatic copy of the application September 12, 1996, at the address other sources, if any. and budget forms, the assurances and below. Applicants are encouraged, but • Show budget detail for financial the certifications. However, the not required, to submit three (3) aspects of any cost sharing, joint or application form, the assurances, and additional copies of the application, but cooperative funding. certifications must each have an original will not be penalized if additional Disclosure of Prior Institute Support: signature. No award can be made unless copies are not received. If any consortium member state has a completed application has been received Institute funding in the past 2 National Institute for Literacy, 800 received. years, the following information on the Connecticut Avenue, NW, Suite 200, Applicable Regulations: The National prior awards is required: Washington, DC 20006, Attention: Institute for Literacy is subject to the • Institute award number, amount (CFDA #84.257F) rulemaking requirements of the and period of support, (1) The NIFL will mail a Grant Administrative Procedures Act (APA). • A summary of the results of the Applicant Receipt Acknowledgment to Under the APA, as now codified in Title completed work; and 5 of the United States Code, section 553, • each applicant. If an applicant fails to A brief description of available receive the notification of application matters relating to public property, materials and other related research receipt within 15 days from the date of loans, grants, benefits, or contracts are products not described elsewhere. mailing the application, the applicant not subject to the rulemaking If the applicant has received a prior should call the NIFL at (202) 632–1525. requirement of that section. The award, the reviewers will be asked to (2) The applicant must indicate on the National Institute for Literacy is now in comment on the quality of the prior envelope and in Item 10 of the the initial stages of establishing a new work describe in this section of the application for Federal Assistance program recently authorized by proposal. (Standard Form 424) the CFDA number Congress and must obligate funds under Current and Pending Support: All of the competition under which the this authority by September 30, 1996. current project support from whatever application is being submitted. The NIFL considered waiving this source (such as Federal, State, or local exemption to rulemaking requirements government agencies, private (3) All applications mailed to the but determined that there was too little foundations, commercial organizations) NIFL must be received by September 12; time to propose rules and offer must be listed. The list must include the applications received after that date will applicants a reasonable amount of time proposed project and all other projects not be accepted. Thus, applicants must to prepare applications for the award requiring a portion of time of the Project allow enough time for the U.S. Postal announced in this notice. Therefore, the Director and other project personnel, Service to make delivery by the National Institute for Literacy has even if they receive no salary support deadline. adopted the following rules for the from the project(s). The number of Application Forms: The append to conduct of this competition and the person-months or percentage of effort to this announcement is divided into three parts plus a statement regarding resulting award. be devoted to the projects must be The following regulations of the stated, regardless of source of support. estimated public reporting burden and various assurances and certifications. Department of Education apply: Similar information must be provided 34 CFR part 74, Administration of for all proposals that are being These parts and additional materials are organized in the same manner that the Grants to Institutions of Higher considered by or will be submitted soon Education, Hospitals, and Nonprofit to other sponsors. submitted application should be organized. The parts and additional Organizations. The following provisions If the project now being submitted has of 34 CFR part 75: §§ 75.50, 75.51, been funded previously by another materials are as follows: Part I: Application for Federal 75.102–75.104, 75.109, 75.117, 75.190– source, the information requested in the 75.192, 75.200, 75.201, 75.215. paragraph above should be furnished for Assistance (ED Form 424 (Rev. 4–94)) and instructions. 34 CFR part 77, Definitions. the immediately preceding funding 34 CFR part 80, Uniform Part II: Budget Information—Non- period. If the proposal is being Administrative Requirements for Grants Construction Programs (ED Form 524) submitted to other possible sponsors, all and Cooperative Agreements to State and instructions. of them must be listed. Concurrent and Local Governments. submission of a proposal to other Part III. Application Narrative. 34 CFR part 82, New restrictions on organizations will not prejudice its Additional Materials: Lobbying. review by the Institute.i Estimated Public Reporting Burden. 34 CFR part 85, Government wide Any fee proposed to be paid to a Assurances—Non-Construction Debarment and Suspension (Non collaborating or ‘‘partner’’ for-profit Programs (Standard Form 424B). procurement) and Government wide entity should be indicated. (Fees will be Certification Regarding Lobbying; Requirements for Drug-Free Workplace negotiated by the Grants Officer.) Any Debarment, Suspension, and other (Grants). copyright, patent or royalty agreements Responsibility Matters; and Drug-Free The selection criteria used for this (proposed or in effect) must be Workplace Requirements (ED 80–0013). competition are set out in this Notice. described in detail, so that the rights Certification Regarding Debarment, While the criteria are patterned on those and responsibilities of each party are Suspension, Ineligibility and Voluntary used generally by the Department of made clear. If any part of the project is Exclusion: Lower Tier Covered Education, they have been adapted by to be subcontracted, a budget and work Transactions (ED 80–0014, 9/90) and the NIFL to meet the needs of this plan prepared and duly signed by the instructions. program. subcontractor must be submitted as part Note: ED 80–0014 is intended for the use While the National Institute for of the overall proposal and addressed in of recipients and should not be transmitted Literacy is associated with the the narrative. to the NIFL. Departments of Education, Labor, and Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41811

Health and Human Services, the • Final Report. 2. Title of the information collection: policies and procedures regarding Due: 90 days after the expiration of or 10 CFR 25 and 95, Access to and rulemaking and administration of grants termination of support. Protection of Classified Information. are not adopted by the NIFL except as Acknowledgment of Support and 3. The form number if applicable: Not expressly stated in this Notice. Disclaimer: An acknowledgment of applicable. Selection of Applications: The Institute support and a disclaimer must 4. How often the collection is Director uses 34 CFR 75.217 in selecting appear in publications of any material, required: On occasion. an application for award. whether copyrighted or not, based on or 5. Who will be required or asked to Grant Administration: The developed under Institute-supported report: NRC regulated facilities and administration of the grant to the projects: other organizations requiring access to consortium is governed by the This material is based upon work NRC classified information. conditions of the award letter. The supported by the National Institute for 6. An estimate of the number of Education Department General Literacy under Grant No. (grantee responses: Administrative Regulations, (EDGAR) should enter Institute grant number). 10 CFR Part 25—291 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, Except for articles or papers 10 CFR Part 95—181 85 and 86 (January 1, 1995), set forth published in professional journals, the NRC Form 237—(20) administrative and other requirements. following disclaimer should be 7. The estimated number of annual This document is available through your included: Any opinion, findings, and respondents: public library and the NIFL. It is conclusions or recommendations recommended that appropriate expressed in this material are those of 10 CFR Part 25—20 administrative officials become familiar the author(s) and do not necessarily 10 CFR Part 95—10 with the policies and procedures in the reflect the views of the NIFL. NRC Form 237—(2) EDGAR which are applicable to this Instructions for Estimated Public 8. An estimate of the total number of award. If a proposal is recommended for Reporting Burden: According to the hours needed to complete the an award, the Grants official will Paperwork Reduction Act of 1995, no requirement or request: request certain organizational, persons are required to respond to a 10 CFR Part 25—20.75 management, and financial information. collection of information unless it 10 CFR Part 95—201.5 The following information on grant displays a valid OMB control number. NRC Form 237—(4) administration dealing with questions The valid control number for this 9. An indication of whether Section such as General Requirement, Prior information collection is 3200–0029, 3507(d), Pub. L. 104–13 applies: Approval Requirements, Transfer of Expiration date August 1999. The time Applicable Project Director, and Suspension or required to complete this information 10. Abstract:—The Nuclear Regulatory termination of Award, are available in collection is estimated to average 80 Commission is amending 10 CFR Parts EDGAR. hours per response, including the time 25 and 95 to conform the requirements Reporting: In addition to working to review instructions, search existing for the protection of and access to closely with the Institute, the applicant data resources, gather the data needed, classified information to new national will be required to submit quarterly and and complete and review the security policy documents. These an annual report of activities. This information collection. proposed mandatory requirements are annual report will be presented to the Carolyn Staley, necessary to ensure that classified Institute staff, the National Institute Deputy Director, NIFL. information in the possession of NRC Advisory Board and Interagency Group. licensees and others under the NRC’s Detailed specifications for the annual [FR Doc. 96–20490 Filed 8–9–96; 8:45 am] BILLING CODE 6055±01±M regulatory requirements is protected in report will be provided to the accordance with current national consortium within 3 months after the policies. award. For planning purposes, the Submit, by September 11, 1996, applicant may assume that the following NUCLEAR REGULATORY comments that address the following information will be provided: COMMISSION questions: • Project(s) Title. 1. Is the proposed collection of • Project Abstract. Documents Containing Reporting or A concise narrative describing in Recordkeeping Requirements: Office information necessary for the NRC to layman’s language the subject purposes, of Management and Budget Review properly perform its functions? Does the methods, expected outcomes (including information have practical utility? products), and significance of the AGENCY: Nuclear Regulatory 2. Is the burden estimate accurate? project. Commission. 3. Is there a way to enhance the • Significant Products. ACTION: Notice of the Office of quality, utility, and clarity of the A list of significant holdings available Management and Budget review of information to be collected? for access associated with the information collection and solicitation 4. How can the burden of the consortium. of public comment. information collection be minimized, • Significant Accomplishments. including the use of automated A past-tense abstract that describes SUMMARY: The Nuclear Regulatory collection techniques or other forms of the consortium’s accomplishments, Commission (NRC) has recently information technology? known uses of the holdings and submitted to the Office of Management A copy of the submittal may be evidence of positive impact. and Budget (OMB) for review the viewed free of charge at the NRC Public The grantee must also submit the following proposals for the collection of Document Room, 2120 L Street NW. following reports: information under the provisions of the (lower level), Washington, DC. Members • Quarterly Performance. Paperwork Reduction Act of 1995 (44 of the public who are in the A brief 2–3 page report of progress— U.S.C. Chapter 35). Washington, DC area can access this Due: Within 20 days of the end of 1. Type of submission, new, revision, document via modem on the Public each quarter. or extension: Revision. Document Room Bulletin Board (NRC’s 41812 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Advanced Copy Document Library), revision needs to be in place by the end Affairs. The committee members have NRC subsystem at FedWorld, 703–321– of 1996 so plans can use it during the expertise relevant to the functions of the 3339. Members of the public who are next application cycle. committee and are appointed by the located outside of the Washington, DC The total annual reporting burden is President from non-Federal sectors. area can dial FedWorld, 1–800–303– estimated to be 4,500 hours based on 50 Tentative Agenda 9672, or use the FedWorld Internet applications at an average time burden address: fedworld.gov (Telnet). The of 90 hours per plan. Wednesday, September 4, 1996 For copies of this proposal, contact document will be available on the 9:00 a.m.—Call to order and opening Jim Farron on (202) 418–3208, or E– bulletin board for 30 days after the remarks signature date of this notice. If Mail to [email protected] 9:05 a.m.—Public comment assistance is needed in accessing the DATES: Comments on this proposal 10:00 a.m.—Committee discussion and document, please contact the FedWorld should be received on or before October staff briefings on charter and final help desk at 703–487–4608. Additional 11, 1996. report assistance in locating the document is ADDRESSES: Send or deliver comments 11:00 a.m.—Break available from the NRC Public to—Abby L. Block, Chief, Insurance Document Room, nationally at 1–800– 11:15 a.m.—Committee discussion and Policy and Information Division, staff briefings on charter and final 397–4209, or within the Washington, Retirement and Insurance Service, 1900 DC area at 202–634–3273. report E Street, NW, Room 3451, Washington, 12:15 p.m.—Lunch Comments and questions should be DC 20415–0001. directed to the OMB reviewer by 1:30 p.m.—Committee discussion and September 11, 1996. FOR INFORMATION REGARDING staff briefings on charter and final ADMINISTRATIVE COORDINATION±CONTACT: report Peter Francis, Office of Information and Mary Beth Smith-Toomey, Team Leader, Regulatory Affairs, (3150–0046, 3150– 3:00 p.m.—Break Management Services Division, (202) 3:15 p.m.—Briefings: What’s new for 0047, and 3150–0050), NEOB–10202, 606–0623. Office of Management and Budget, Bosnia Washington, DC 20503. U.S. Office of Personnel Management. 4:45 p.m.—Meeting recessed Comments can also be submitted by Lorraine A. Green, Thursday, September 5, 1996 telephone at (202) 395–3084. The NRC Deputy Director. 9:00 a.m.—Briefings: Risk Clearance Officer is Brenda Jo Shelton, [FR Doc. 96–20444 Filed 8–9–96; 8:45 am] communication (301) 415–7233. BILLING CODE 6325±01±M 10:30 a.m.—Break Dated at Rockville, Maryland, this 1st day 10:45 a.m.—Briefings: Risk of August 1996. communication (cont.) PRESIDENTIAL ADVISORY For the Nuclear Regulatory Commission. 12:15 p.m.—Lunch Gerald F. Cranford, COMMITTEE ON GULF WAR VETERANS' ILLNESSES 1:30 p.m.—Followup on Persian Gulf Designated Senior Official for Information Investigation Team/risk factors panel Resources Management. Meeting meeting [FR Doc. 96–20494 Filed 8–9–96; 8:45 am] 1:45 p.m.—Committee discussion and BILLING CODE 7590±01±P AGENCY: Presidential Advisory staff briefings on charter and final Committee on Gulf War Veterans’ report Illnesses. 3:00 p.m.—Briefings: Department of OFFICE OF PERSONNEL ACTION: Notice of open meeting. Defense, Department of Health and MANAGEMENT Human Services, and Department of SUMMARY: Under the provisions of the Veterans Affairs Proposed Collection; Comment Federal Advisory Committee Act, this 4:15 p.m.—Committee and staff Request for a Revised Information notice is hereby given to announce an discussion: Next steps Collection open meeting concerning the 4:30 p.m.—Meeting adjourned Presidential Advisory Committee on AGENCY: Office of Personnel Gulf War Veterans’ Illnesses. A final agenda will be available at the Management. meeting. DATES: September 4, 1996, 9:00 a.m.– ACTION: Notice. 4:45 p.m.; September 5, 1996, 9:00 a.m.– Public Participation SUMMARY: In accordance with the 4:30 p.m. The meeting is open to the public. Paperwork Reduction Act of 1995 (Pub. PLACE: Loews L’Enfant Plaza Hotel, 480 Members of the public who wish to L. 104–13, May 22, 1995), this notice L’Enfant Plaza, SW, Washington, DC make oral statements should contact the announces that the Office of Personnel 20024. Advisory Committee at the address or Management intends to submit to the SUPPLEMENTARY INFORMATION: The telephone number listed below at least Office of Management and Budget a President established the Presidential five business days prior to the meeting. request for reclearance of a revised Advisory Committee on Gulf War Reasonable provisions will be made to information collection. Application to Veterans’ Illnesses by Executive Order include on the agenda presentations Participate as a Carrier Under 5 U.S.C. 12961, May 26, 1995. The purpose of from individuals who have not yet had 8903(4), is used by OPM to determine if this committee is to review and provide an opportunity to address the Advisory Comprehensive Medical Plans applying recommendations on the full range of Committee. The Advisory Committee for participation in the Federal government activities associated with Chair is empowered to conduct the Employees Health Benefits Program Gulf War veterans’ illnesses. The meeting in a fashion that will facilitate meet the requirements for participation. committee reports to the President the orderly conduct of business. People The revised application considerably through the Secretary of Defense, the who wish to file written statements with lessens the information collection Secretary of Health and Human the Advisory Committee may do so at burden of the current application. This Services, and the Secretary of Veterans any time. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41813

FOR FURTHER INFORMATION CONTACT: hearing may request notification by Act) of the Trust (the ‘‘Independent John D. Longbrake, Presidential writing to the SEC’s Secretary. Trustees’’). 4. The Fund proposes to acquire Advisory Committee on Gulf War ADDRESSES: Secretary, SEC, 450 5th assets and liabilities from the Veterans’ Illnesses, 1411 K Street, N.W., Street, N.W., Washington, DC 20549. Partnership in exchange for series of suite 1000, Washington, DC 20005, Applicant, 25 East Erie Street, Chicago, beneficial interests of the Trust relating Telephone: (202) 761–0066, Fax: (202) IL 60611. to the Fund (the ‘‘Fund Shares’’) (the 761–0310. FOR FURTHER INFORMATION CONTACT: ‘‘Exchange’’). The Exchange will be Dated: August 1, 1996. Suzanne Krudys, Senior Counsel, at effected pursuant to an Agreement and C.A. Bock, (202) 942–0641, or Alison E. Baur, Plan of Exchange (the ‘‘Plan’’). Prior to Federal Register Liaison Officer, Presidential Branch Chief, (202) 942–0564 (Office of effecting the Exchange, a memorandum Advisory Committee on Gulf War Veterans’ Investment Company Regulation, will be distributed to each limited Illnesses. Division of Investment Management). partner in the Partnership which will [FR Doc. 96–20485 Filed 8–9–96; 8:45 am] SUPPLEMENTARY INFORMATION: The describe the nature and reasons for the BILLING CODE 3610±76±M following is a summary of the Exchange. application. The complete application 5. The shares delivered to the may be obtained for a fee at the SEC’s Partnership in the Exchange will have an aggregate net asset value equivalent SECURITIES AND EXCHANGE Public Reference Branch. to the net asset value of the assets COMMISSION Applicant’s Representation transferred by the Partnership to the [Rel. No. IC±22116; 812±10232] 1. The Partnership was organized as a Trust (except for the effect of certain Delaware limited partnership on July 1, organizational expenses paid by the Driehaus International Large Cap 1990. The Partnership’s investment Fund). Upon consummation of the Fund, L.P. et al.; Notice of Application objective is to seek capital appreciation Exchange, the shares received by the Partnership will be distributed by the August 5, 1996. by investing in equity securities of foreign companies with a market Partnership to its partners, with each AGENCY: Securities and Exchange capitalization of more than $300 million partner receiving shares having an Commission (‘‘SEC’’). using growth style investment criteria. aggregate net asset value equivalent to ACTION: Notice of Application for The Partnership is organized as an the net asset value of the Interests in the Exemption Under the Investment investment partnership allowing Partnership held by such partner prior Company Act of 1940 (the ‘‘Act’’). investors to purchase limited to the Exchange. The Partnership may partnership interests (‘‘Interests’’) or retain sufficient assets to pay any APPLICANTS: Driehaus International have them redeemed at net asset value Partnership-accrued expenses that are Large Cap Fund, L.P. (the not transferred to the Fund and retain on a monthly basis. The offering of the ‘‘Partnership’’), Driehaus Mutual Funds any assets that the Fund is not Interests was structured as a private (the ‘‘Trust’’), Driehaus Capital permitted to purchase or that are placement under section 4(2) of the Management, Inc. (the ‘‘Adviser’’) and reasonably determined to be unsuitable Securities Act of 1933 and Regulation D Richard H. Driehaus. for it. Assets retained by the Partnership promulgated thereunder. The that are not needed to pay accrued RELEVANT ACT SECTION: Order requested Partnership is not registered under the expenses will be distributed pro rata to under section 17(b) of the Act for an Act in reliance on section 3(c)(1) of the the partners of the Partnership. The exemption from section 17(a) of the Act. Act. Interests are sold to institutional Partnership will be liquidated and SUMMARY OF APPLICATION: Applicants investors and high net worth request an order that would permit the dissolved following the distribution. individuals. The Partnership has a 6. The Partnership Agreement Partnership to transfer substantially all minimum initial purchase requirement of its assets and liabilities to the Trust provides that the General Partners, upon of $500,000. 60 days advance notice to the Limited in exchange for shares of beneficial 2. Richard H. Driehaus serves as the interest of the Trust, which then would Partners, may terminate the Partnership. sole general partner of the Partnership Limited Partners who do not wish to be distributed pro rata to the partners of and has exclusive responsibility for its the Partnership. participate in the Exchange will have overall management, control and adequate opportunity to redeem their FILING DATES: The application was filed administration. The Adviser, which is Partnership Interests before the on July 2, 1996. wholly owned by Mr. Driehaus, serves Exchange and receive cash. HEARING OR NOTIFICATION OF HEARING: An as investment adviser with respect to 7. The expenses of the Exchange will order granting the application will be Partnership assets. SEC records indicate be borne by the Adviser. Trust issued unless the SEC orders a hearing. that the adviser is registered under the organizational expenses will be paid by Interested persons may request a Advisers Act. the Fund and amortized over five years. hearing by writing to the SEC’s 3. The trust was organized as a Any unamortized organizational Secretary and serving applicants with a Delaware business trust on June 3, 1996. expenses associated with the copy of the request, personally or by The Trust is a registered no-load, open- organization of the Fund at a time Mr. mail. Hearing requests should be end management investment company. Driehaus withdraws his initial received by the SEC by 5:30 p.m. on The Trust currently has a single series, investment in the Trust will be borne by August 30, 1996, and should be the Driehaus International Growth Fund Mr. Driehaus and/or the Adviser and accompanied by proof of service on (the ‘‘Fund’’) with an investment not the Fund. applicants in the form of an affidavit or, objective and policies similar to those of 8. The Trust will enter into an for lawyers, a certificate of service. the Partnership. The Trust is managed advisory agreement with the Adviser Hearing requests should state the nature by a board of trustees (the ‘‘Board’’), (the ‘‘Advisory Agreement’’), pursuant of the writer’s interest, the reason for the which will include as a majority of its to which the Adviser will render request, and the issues contested. members persons who are not advisory services to the Fund Persons who wish to be notified of a ‘‘interested persons’’ (as defined in the substantially the same as those the 41814 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Adviser currently renders to the has a majority of independent trustees. (d) A majority of the members of the Partnership. In return for the Adviser’s The Exchange will not be effected until Board, including a majority of the services, the Fund will pay a the Trust and the Partnership have independent trustees, and the general management fee to the Adviser, on a received a favorable opinion of counsel partner of the Partnership will have monthly basis, not to exceed 1.5% per with respect to the tax consequences of approved the Exchange. annum of the Fund’s net asset value. the Exchange and the SEC has issued 4. Applicants believe that the terms of 9. The management fees for the Fund the requested order. will not exceed the maximum fees the proposed Exchange are consistent currently paid by the limited partners in Applicants’ Legal Analysis with the provisions, policies and the Partnership. Applicants expect that 1. Section 17(a) prohibits affiliated purposes of the Act in that they are other Fund expenses will generally be persons of a registered investment reasonable and fair to all parties, do not higher as a percentage of net asset value company, or affiliated persons of such involve overreaching, and are consistent than the expenses of the Partnership. persons, from selling to or purchasing with the investment policies of each of This is primarily because of the from such company any security or the applicants. Accordingly, the increased costs of operating a registered other property. Section 2(a)(3) of the Act applicants submit that the terms of the investment company and complying defines an ‘‘affiliated person’’ as, among Exchange are consistent with the with various additional regulatory other things, any person directly or requirements of section 17(b) of the Act. requirements and industry practices. indirectly controlling, controlled by, or For the Commission, by the Division of The Adviser will, however, place a limit under common control with, such other Investment Management, under delegated on the annual expenses of the Fund person. The partnership is an affiliated authority. through the end of the first year of person of an affiliated person of the Jonathan G. Katz, operation at 2.25%. In addition, the Trust because Mr. Driehaus is the owner Fund, unlike the Partnership, imposes a of the adviser to the Trust, Mr. Driehaus Secretary. 1% withdrawal fee upon redemptions. is the general partner of the Partnership, [FR Doc. 96–20455 Filed 8–9–96; 8:45 am] 10. The effect of the Exchange will be and Mr. Driehaus will provide the BILLING CODE 8010±01±M to establish the Trust as a successor initial ‘‘seed’’ capital investment in the investment vehicle to the Partnership. Trust. As a result, the proposed The Exchange will permit partners to Exchange may be deemed to be [Release No. 34±37529; File No. SR±Amex± pursue, as shareholders of the Trust, prohibited under section 17(a) of the 96±30] substantially the same investment Act. objective and policies they were 2. Section 17(b) of the Act authorizes Self-Regulatory Organizations; Notice expecting from the partnership without the Commission to exempt any person of Filing and Immediate Effectiveness sacrificing the pass-through tax features from one or more of the provisions of of Proposed Rule Change by the of the Partnership. In addition, Section 17(a) if evidence establishes that shareholders of the Trust will be able to American Stock Exchange, Inc., (1) the terms of the transaction, purchase and redeem shares on each Relating to a One-Year Extension of including the consideration to be paid business day, as opposed to only once the Exchange's Pilot Program for or received, are reasonable and fair and per month as is currently provided Specialists in Portfolio Depositary do not involve overreaching on the part under the Partnership Agreement. Receipts and Investment Trust 11. The Board of Trustees and Mr. of any person concerned; (2) the Securities to Participate in the After- Driehaus as General Partner of the proposed transaction is consistent with Hours Trading Facility and to Extend Partnership have considered the the policy of each registered investment the Pilot Program to Index Fund desirability of the Exchange from the company concerned; and (3) the Shares respective points of view of the Trust proposed transaction is consistent with and the Partnership, have approved the the general purposes of the Act. August 6, 1996. Exchange, and concluded that: (i) The 3. The terms of the Exchange should Pursuant to Section 19(b)(1) of the be considered reasonable and fair to the terms of the Exchange meet the criteria Securities Exchange Act of 1934 Partnership, to the Trust, and to the contained in section 17(b) of the Act; (ii) (‘‘Act’’),1 notice is hereby given that on limited partners who, with Mr. the Exchange is desirable as a business July 31, 1996, the American Stock matter from the respective points of Driehaus, will be the initial shareholders of the Fund, and should Exchange, Inc. (‘‘Amex’’ or ‘‘Exchange’’) view of the Trust and the Partnership; filed with the Securities and Exchange (iii) the Exchange is in the best interests not be considered to involve overreaching on the part of any Commission (‘‘Commission’’) the of the Trust and the Partnership; (iv) the proposed rule change as described in Exchange is reasonable and fair, does applicant for the following reasons: Items I and II below, which Items have not involve overreaching, and is (a) The investment objective and been prepared by the self-regulatory consistent with the policies of the Act; policies of the Fund are substantially (v) the Exchange is consistent with the similar to that of the Partnership. organization. The Commission is policies of the Trust and the (b) No brokerage commission, fee or publishing this notice to solicit Partnership; and (vi) the interests of other enumeration will be paid in comments on the proposed rule change existing partners of the Partnership will connection with the Exchange. from interested persons. not be diluted as a result of the (c) The Exchange will result in no I. Self-Regulatory Organization’s Exchange. Currently, the Board has only gain or loss being recognized by Statement of the Terms of Substance of one member, and this person is an partners of the Partnership. The partners the Proposed Rule Change ‘‘interested person’’ (as defined in the of the Partnership will become investors Act) of the Trust. As a condition of the in an entity that offers greater liquidity The text of the proposed rule change Exchange, the Agreement and Plan of and other advantages, without is available at the Amex and at the Exchange must be approved by the immediate tax consequences and Commission. Board, including a majority of the without having incurred transaction and independent trustees, at such time as it brokerage charges in order to do so. 1 15 U.S.C. 78s(b)(1). Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41815

II. Self-Regulatory Organization’s The Exchange believes that extension trade, remove impediments to and Statement of the Purpose of, and of the Exchange’s pilot program to perfect the mechanism of a free and Statutory Basis for, the Proposed Rule permit specialists in PDRs, investment open market and a national market Change trust securities and Index Fund Shares system, and, in general, protect In its filing with the Commission, the to participate in the AHT facility in investors and the public interest. self-regulatory organization included order to ‘‘clean-up’’ order imbalances and effect closing price coupled orders B. Self-Regulatory Organization’s statements concerning the purpose of Statement on Burden on Competition and basis for the proposed rule change would benefit investors by providing The proposed rule change does not and discussed any comments it received additional liquidity to the listed cash impose any burden on competition that on the proposed rule change. The text market for derivative securities based is not necessary or appropriate in of these statements may be examined at upon well known market indexes. The market price of these securities is based furtherance of the purposes of the Act. the places specified in Item IV below. upon transactions largely effected in The self-regulatory organization has C. Self-Regulatory Organization’s markets other than the Amex. (In the prepared summaries, set forth in Statement on Comments on the case of Index Fund Shares, the market Sections A, B, and C below, of the most Proposed Rule Change Received From price of these securities is based significant aspects of such statements. Members, Participants, or Others exclusively on transactions occurring A. Self-Regulatory Organization’s outside the Amex.) The specialist in the The Exchange has neither solicited Statement of the Purpose of, and Amex listed derivatives has no unique nor received written comments on the Statutory Basis for, the Proposed Rule access to market sensitive information proposed rule change. Change regarding the market for the underlying III. Date of Effectiveness of the securities or closing index values. The 1. Purpose Proposed Rule Change and Timing for Exchange, therefore, believes that Commission Action The Exchange seeks a one year specialist participation in the AHT extension of the pilot program facility in PDRs, investment trust Because the foregoing proposed rule permitting specialists in Portfolio securities and Index Fund Shares in the change: (1) Does not significantly affect Depositary Receipts (‘‘PDRs’’) and manner previously approved by the the protection of investors or the public investment trust securities listed Commission does not raise any market interest; (2) does not impose any pursuant to Section 118B of the integrity issues.5 In addition, should a significant burden on competition; (3) Exchange’s Company Guide 2 to customer not care for an execution at does not become operative for 30 days participate in the After-Hours Trading the closing price, the rules of the from July 31, 1996, the date on which (‘‘AHT’’) facility to ‘‘clean-up’’ order Exchange’s AHT facility permit it was filed, and the Exchange provided imbalances and to effect closing price cancellation of an order up to the close the Commission with written notice of coupled orders.3 The Exchange also of the AHT session at 5:00 p.m. (Orders its intent to file the proposed rule seeks to extend the pilot program to in the AHT facility are not executed change at least five business days prior Index Fund Shares.4 until the 5:00 p.m. close of the After- to the filing date, it has become effective Hours session.) A customer, therefore, pursuant to Section 19(b)(3)(A) of the 2 The Exchange currently lists two Portfolio has approximately 40 minutes to Act 6 and Rule 19b–4(e)(6) thereunder.7 Depositary Receipts, viz., Standard and Poor’s determine if an execution at the closing Therefore, the pilot program will be Depositary Receipts on the S&P 500 and MidCap extended until August 29, 1997. Indexes (‘‘SPDRs’’); and two investment trust price suits its needs, and may cancel its securities pursuant to Section 118B of the order if it believes that the closing price At any time within 60 days of the Exchange’s Listing Guidelines: LOR Index Trust does not suit it objectives. filing of the proposed rule change, the SuperUnits and LOR Money Market SuperUnits. Commission may summarily abrogate 3 According to the Exchange, there was no trading 2. Statutory Basis such rule change if it appears to the volume in the AHT for SPDRs and investment trust The proposed rule change is securities from June 1995 to June 1996. The Commission that such action is Exchange, nevertheless, is optimistic that there consistent with Section 6(b) of the Act necessary or appropriate in the public could be after hours trading in these securities in general and furthers the objectives of interest, for the protection of investors, (particularly if SPDRs could be used as the cash Section 6(b) in particular in that it is or otherwise in furtherance of the component of an exchange for physical transaction). designed to prevent fraudulent purposes of the Act. The Commission notes that in the last approval manipulative acts and practices, order extending the pilot, the Commission IV. Solicitation of Comments requested that the Exchange submit a report promote just and equitable principles of describing its experience with the pilot program. Interested persons are invited to See Securities Exchange Act Release No. 36123 MSCI Hong Kong Index; MSCI Italy Index; MSCI submit written data, views, and (Aug. 18, 1995), 60 FR 44519 (Aug. 28, 1995) Japan Index; MSCI Malaysia Index; MSCI Mexico arguments concerning the foregoing. (extending Amex’s pilot program permitting Index; MSCI Netherlands Index; MSCI Singapore specialists to participate in the After-Hours Trading (Free) Index; MSCI Spain Index; MSCI Sweden Persons making written submissions Facility in PDRs and investment trust securities Index; MSCI Switzerland Index; and MSCI United should file six copies thereof with the until August 29, 1996). According to the Exchange, Kingdom Index. (See SR–AMEX–95–43.) Secretary, Securities and Exchange it has not submitted such a report because there has 5 The Commission notes that as in the original Commission, 450 Fifth Street, N.W., been no trading in the AHT for SPDRs and pilot program, specialists in PDRs, investment trust investment trust securities. securities, and Index Fund Shares may participate Washington, D.C. 20549. Copies of the 4 The Exchange currently lists 16 Index Fund in a coupled closing price order as long as the other submission, all subsequent Shares, which are commonly referred to as WEBSsm. side of the order is not for an account in which a amendments, all written statements WEBS are shares issued by an open-end member or member organization has a direct or with respect to the proposed rule management investment company that seek to indirect interest. Moreover, as with the original provide investment results that correspond pilot program, the limit orders for PDRs, investment change that are filed with the generally to the price and yield performance of a trust securities, and Index Fund Shares may not Commission, and all written specified foreign or domestic equity market index. migrate from the specialist’s limit order book to the communications relating to the The Exchange currently lists WEBS based on the AHT facility in order to help prevent manipulation proposed rule change between the following Morgan Stanley Capital International or misuse of specialists’ information regarding (‘‘MSCI’’) indices: MSCI Australia Index; MSCI which limit orders are eligible for execution in the Austria Index; MSCI Belgium Index; MSCI Canda AHT facility. See Securities Exchange Act Release 6 15 U.S.C. 78s(b)(3)(A). Index; MSCI France Index; MSCI Germany Index; No,. 36123, supra note 3. 7 17 CFR 240.19b–4(e)(6). 41816 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Commission and any person, other than The Commission hereby extends the and (C) below, of the most significant those that may be withheld from the period for public comment on the aspects of such statements.2 public in accordance with the proposed rule change until August 19, (A) Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be 1996. Statement of the Purpose of, and available for inspection and copying at For the Commission, by the Division of Statutory Basis for, the Proposed Rule the Commission’s Public Reference Market Regulation, pursuant to delegated 3 Change Section, 450 Fifth Street, N.W., authority. Washington, D.C. 20549. Copies of such Jonathan G. Katz, The purpose of the proposed rule filing also will be available for Secretary. change is to amend PTC’s rules to inspection and copying at the principal [FR Doc. 96–20457 Filed 8–9–96; 8:45 am] eliminate the requirement that office of the Exchange. All submissions BILLING CODE 8010±01±M participants must have cash on deposit should refer to File No. SR–Amex–96– (‘‘optional deposits’’) with PTC equal to 30 and should be submitted by the original contract value for securities September 3, 1996. [Release No. 34±37523; File No. SR±PTC± that are received the same day versus 96±04] payment prior to making an intraday For the Commission, by the Division of free redelivery of such securities. These Market Regulation, pursuant to delegated Self-Regulatory Organizations; The 8 optional deposits are commonly referred authority. Participants Trust Company; Notice of Jonathan G. Katz, to as ‘‘prefundings.’’ Filing of Proposed Rule Change The requirement that participants Secretary. Relating to the Elimination of prefund intraday free redeliveries was [FR Doc. 96–20456 Filed 8–9–96; 8:45 am] Prefunding Requirements for Intraday added to PTC’s rules by MBS Clearing BILLING CODE 8010±01±M Free Retransfers Corporation (‘‘MBSCC’’), predecessor to 3 August 5, 1996. PTC. The purpose of the prefunding [Release No. 34±37528; File No. SR±NASD± Pursuant to Section 19(b)(1) of the requirement was to support the original 95±61] Securities Exchange Act of 1934 deliverer’s security interest (‘‘DSI’’) and (‘‘Act’’),1 notice is hereby given that on the default provisions which permitted Self-Regulatory Organizations; July 2, 1996, the Participants Trust PTC to reverse (i.e., unwind) securities National Association of Securities Company (‘‘PTC’’) filed with the deliveries to achieve settlement, both of Dealers, Inc.; Notice of Extension of Securities and Exchange Commission which were added to PTC’s rules at the 4 Public Comment Period for Proposed (‘‘Commission’’) the proposed rule same time. Both the DSI and the Rule Change change (File No. SR–PTC–96–04) as unwind procedures subsequently have described in Items I, II, and III below, been eliminated from the PTC rules and August 5, 1996. have been replaced with the On December 22, 1995,1 the National which Items have been prepared primarily by PTC. The Commission is participant’s intraday collateral lien Association of Securities Dealers, Inc. 5 publishing this notice to solicit (‘‘PICL’’). (‘‘NASD’’ or ‘‘Association’’) filed a The PICL, which can be exercised proposed rule change with the comments on the proposed rule change from interested persons. only if PTC is insolvent and fails to Securities and Exchange Commission achieve settlement, is granted to those (‘‘SEC’’ or ‘‘Commission’’). The NASD I. Self-Regulatory Organization’s participants with a net credit balance proposes to amend NASD Rules 2820 Statement of the Terms of Substance of and 2830 to revise existing rules the Proposed Rule Change 2 The Commission has modified the text of the applicable to the sale of investment summaries prepared by PTC. The proposed rule change will amend company securities and establish new 3 In 1988, MBSCC proposed a rule change to PTC’s rules to eliminate the requirement rules applicable to the sale of variable require its participants to prefund intraday free that participants prefund free transfers. Securities Exchange Act Release No. contracts. redeliveries (‘‘free redeliveries’’) 26101 (September 22, 1988), 53 FR 37895 [File No. Notice of the proposed rule change involving securities that were received SR–MBS–88–14] (notice of filing of proposed rule was provided by the issuance of a change). Subsequently, the order granting PTC’s by a participant versus payment that Commission release (Securities registration as a clearing agency incorporated the same day. proposed rule change stating that PTC’s rules were Exchange Act Release No. 37374, June essentially identical to MBSCC’s rules including the 26, 1996) and by publication in the II. Self-Regulatory Organization’s most recently proposed rule changes. Securities Federal Register (61 FR 35822, July 8, Statement of the Purpose of, and Exchange Act Release No. 26671 (March 31, 1989), 1996). Statutory Basis for, the Proposed Rule 54 FR 13266, [File No. 600–25] (order granting registration as a clearing agency and statement of The Commission has been requested Change reasons). to extend the time period for public In its filing with the Commission, PTC 4 PTC’s rules originally provided that securities comment on the proposed rule change.2 delivered versus payment (i.e., held in a included statements concerning the participant’s transfer account) were held by PTC purpose of and basis for the proposed 8 17 CFR 200.30–3(a)(12). pending settlement subject to the DSI granted to the original delivering participant. If securities were 1 On June 14, 1996, the NASD filed Amendment rule change and discussed any thereafter redelivered free from a transfer account, No. 1 with the Commission. Amendment No. 1 comments it received on the proposed the secured party would lose its collateral unless addresses the relationship of the proposed rule rule change. The text of these statements prefunding served as proceeds of that collateral. change to industry initiatives concerning may be examined at the places specified Accordingly, participants that made a free delivery compensation practices, expands the scope of the of securities subject to a DSI were required to have proposed rule change to govern all sales targets, in Item IV below. PTC has prepared cash at least equal to the original contract value of whether or not previously specified and replaces summaries, set forth in sections (A), (B) the securities in the form of an optional deposit to the term ‘‘variable contract securities’’ with the the participants fund. term ‘‘variable contract.’’ See Letter from John M. See letter from John M. Ramsay, Deputy General 5 Ramsay, Deputy General Counsel, NASD to For a more complete discussion of PTC’s Counsel, NASD Regulation, Inc. to Katherine A. reasons for removing the DSI and the unwind Katherine A. England, Assistant Director, Division England, Assistant Director, Division of Market of Market Regulation, SEC (June 14, 1996). procedures, refer to Securities Exchange Act Regulation, Commission. Release No. 34701 (September 22, 1994), 59 FR 2 By letter dated August 5, 1996 the NASD has 3 17 CFR 200.30–3(a)(12). 49730 [File No. SR–PTC–94–03] (order approving consented to an extension of the comment period. 1 15 U.S.C. 78s(b)(1) (1988). proposed rule change). Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41817 owed to them by PTC. Participants with elimination of cash prefunding will not and publishes its reasons for so finding a net credit balance have a pro rata diminish this NFE control, which or (ii) as to which PTC consents, the interest in a common pool of collateral assures that the amount of collateral Commission will: that consists of securities held in available with respect to a participant’s (A) By order approve such proposed transfer accounts (i.e., intraday account is sufficient to cover the rule change or deliveries versus payment) for which participant’s debit balance. Although (b) Institute proceedings to determine settlement has not yet occurred, elimination of the prefunding whether the proposed rule change payments made by participants to requirement for intraday retransfers may should be disapproved. satisfy net debit balances owed to PTC, result in some reduction in the aggregate and prefunding payments made to collateral pool available to the PICL IV. Solicitation of Comments support intraday free redeliveries of holders, PTC believes the magnitude of Interested persons are invited to securities from transfer accounts. such reduction will not be material. submit written data, views, and Prefunding intraday free redeliveries PTC believes that the proposed rule arguments concerning the foregoing. imposes a substantial burden on change is consistent with Section 17A of Persons making written submission participants. For example, if a the Act 7 and the rules and regulations should file six copies thereof with the participant receives a security in a thereunder because it will facilitate the Secretary, Securities and Exchange transaction versus payment through prompt and accurate clearance and Commission, 450 Fifth Street, N.W., PTC and thereafter redelivers it free, settlement of securities transactions and Washington D.C. 20549. Copies of the such participant usually will be will provide for the safeguarding of submissions, all subsequent receiving payment for the free securities and funds in PTC’s custody or amendments, all written statements redelivery outside of PTC. Although the control or for which PTC is responsible. with respect to the proposed rule participant must have sufficient Net (B) Self-Regulatory Organization’s change that are filed with the Free Equity (‘‘NFE’’) 6 for PTC to process Statement on Burden on Competition Commission, and all written the transaction, the participant may not communications relating to the have the cash available until after the PTC does not believe that the proposed rule change between the funds are received from the party proposed rule change imposes any Commission and any person, other than receiving the free redelivery outside of burden on competition. those that may be withheld from the PTC. In addition, the participant may be (C) Self-Regulatory Organization’s public in accordance with the in a net credit position at PTC when Statement on Comments on the provisions of 5 U.S.C. 552, will be cash prefunding is required as a result Proposed Rule Change Received From available for inspection and copying in of other transactions which are Members, Participants or Others the Commission’s Public Reference processed through its account. Room, 450 Fifth Street, N.W., PTC believes that the NFE controls PTC has not solicited nor has received Washington, D.C. 20549. Copies of such applicable to participants will any written comments on the proposed filings will also be available for adequately protect PTC and the rule change. PTC has discussed the inspection and copying at the principal settlement of its transactions if the proposed rule change with its office of PTC. All submissions should prefunding of intraday free redeliveries participants informally and at meeting refer to the file number SR–PTC–96–04 is eliminated. Every transaction of PTC’s Operations Committee which is and should be submitted by September processed through the PTC system, composed of participant representatives. 3, 1996. including both deliveries versus In the course of these discussions, For the Commission by the Division of payment and free redeliveries, is tested participants have indicated a particular difficulty in complying with the Market Regulation, pursuant to delegated to ensure that both the delivering and 8 prefunding requirement for free authority. receiving participant’s accounts will not Jonathan G. Katz, have negative NFE after giving effect to redeliveries of securities that support Secretary. the transaction. the issuance of collateralized mortgage PTC believes the NFE computation obligation (‘‘CMO’’) securities. In these [FR Doc. 96–20399 Filed 8–9–96; 8:45 am] ensures that sufficient value is available instances, a participant, usually the BILLING CODE 8010±01±M to PTC to collateralize a settlement underwriter, will incur a debit balance advance if a participant defaults on the in its PTC account as a result of the payment of its debit balance. Under the purchase of the securities while SOCIAL SECURITY ADMINISTRATION proposed rule change, a free redelivery subsequent redelivery of the securities will not require prefunding although the to a PTC limited purpose account is sent Agency Information Collection NFE control will block any free free pending issuance of the CMO. The Activities: Proposed Collection redelivery where the deduction of the primary source of the cash necessary to Request securities from the account of the comply with the prefunding delivering participant will cause its NFE requirement would be the proceeds of The Social Security Administration to be negative. Accordingly, the the to be issued CMO. publishes a list of information collection packages that will require submission to III. Date of Effectiveness of the the Office of Management and Budget 6 NFE for a participant’s account consists of, Proposed Rule Change and Timing for among other things, the cash balances in the (OMB) for clearance in compliance with participant’s account, the market value of securities, Commission Action P.L. 104–13 effective October 1, 1995, net of applicable margin in the participant’s Within thirty-five days of the date of The Paperwork Reduction Act of 1995. account or associated transfer account, a portion of the participant’s mandatory deposit to the publication of this notice in the Federal Since the last list was published in the participants fund, and the participant’s optional Register or within such longer period (i) Federal Register on August 2, 1996, the deposits to the participants fund including as the Commission may designate up to information collection listed below will prefunding. Additional components of NFE not ninety days of such date if it finding require extension of the current OMB relevant to this analysis include reserve on gain, which operates to reduce NFE in certain such longer period to be appropriate approval. transactions, and excess proprietary NFE, a component of supplemental processing collateral. 7 15 U.S.C. 78q–1 (1988). 8 17 CFR 200.30–3(a)(12) (1995). 41818 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

(Call the SSA Reports Clearance Officer SUMMARY: This notice announces two (e) Position papers or other handout on (410) 965–4125 for a copy of the fact-finding informal airspace meetings material relating to the substance of the form(s) or package(s), or write to her at to solicit information from airspace meetings will be accepted. Participants the address listed below the information users, and others, concerning a proposal wishing to submit handout material collection(s).) to revise the Class B airspace at San should present three copies to the Black Lung Student’s Statement Diego, CA. The purpose of these presiding officer. There should be Regarding Resumption of School meetings is to provide interested parties additional copies of each handout Attendance and Report of Black Lung the opportunity to present views, available for other attendees. Student Beneficiary at End of School recommendations, and comments on (f) The meetings will not be formally Year—0960–0314. The information on this proposal. All comments received recorded. However, a summary of the forms SSA–2602 and SSA–2613 is used during the meetings will be considered comments made at the meetings will be by the Social Security Administration to prior to issuance of a notice of proposed filed in the docket. determine whether or not a student rulemaking. Agenda for the Meetings beneficiary will resume (or has TIME AND DATE: The informal airspace resumed) full-time school attendance at meetings will be held on Wednesday, Opening Remarks and Discussion of an approved educational institution. If October 2 and Wednesday, October 16, Meeting Procedures so, he or she will be continuously 1996, starting at 7:00 p.m. Comments Briefing on Background for Proposals entitled to benefits. The respondents are must be received on or before December Public Presentations Closing Comments children of disabled or deceased coal 16, 1996. miners and officials of schools they PLACE: On October 2, 1996, the meeting Issued in Washington, DC, on August 6, attend. will be at National University, 1996. Number of Respondents: SSA–2602— Chamberlain Hall, 4085 Camino Del Rio Jeff Griffith, 8,000; SSA–2613—8,000. South, San Diego, CA. On October 16, Program Director for Air Traffic Airspace Frequency of Response: 1. 1996, the meeting will be at San Marcos Management. Average Burden Per Response: SSA– Community Center, Community Hall, 3 [FR Doc. 96–20512 Filed 8–9–96; 8:45 am] 2602—5 minutes; SSA–2613—7.5 Civic Center Drive, San Marcos, CA. BILLING CODE 4910±13±M minutes. COMMENTS: Send or deliver comments Estimated Annual Burden: 1,667 on the proposal in triplicate to: hours. Manager, Air Traffic Division, AWP– Notice of Availability of the Record of Written comments and 500, Federal Aviation Administration, Decision for the Proposed recommendations regarding this P.O. Box 92007, World Postal Center, Development of the Monorail- information collection should be sent Los Angeles, CA 90009. Northeast Corridor Connection Project within 60 days from the date of this at Newark International Airport, FOR FURTHER INFORMATION CONTACT: publication, directly to the SSA Reports Newark, New Jersey Clearance Officer at the following William Buck, Air Traffic Division, address: Social Security Administration, AWP–530, FAA, Western-Pacific AGENCY: Federal Aviation DCFAM, Attn: Judith T. Hasche, 6401 Regional Office, telephone (310) 725– Administration (FAA), DOT. Security Blvd., 1–A–21 Operations 6556. ACTION: Notice of availability of the Bldg., Baltimore, MD 21235. SUPPLEMENTARY INFORMATION: Record of Decision (ROD). In addition to your comments on the Meeting Procedures SUMMARY: The FAA is making available accuracy of the agency’s burden the Record of Decision for the proposed estimate, we are soliciting comments on The following procedures will be Development of the Monorail-Northeast the need for the information; its used to facilitate the meetings: Corridor Connection Project at Newark practical utility; ways to enhance its (a) The meetings will be informal in International Airport, Newark, New quality, utility and clarity; and on ways nature and will be conducted by a Jersey. to minimize burden on respondents, representative of the FAA Western- FOR FURTHER INFORMATION CONTACT: including the use of automated Pacific Region. Representatives from the Mr. Laurence Schaefer, FAA, John F. collection techniques or other forms of FAA will present a formal briefing on Kennedy Int’l Airport, AEA–620, information technology. the proposed revisions of the Class B airspace area. Each participant will be Jamaica, NY 11430, fax: (718) 995–9219. Dated: August 5, 1996. given an opportunity to deliver SUPPLEMENTARY INFORMATION: Any Judith T. Hasche, comments or make a presentation. person may obtain a copy of the ROD by Reports Clearance Officer, Social Security (b) The meetings will be open to all submitting a request to the FAA contact Administration. persons on a space-available basis. identified above. The Federal Aviation [FR Doc. 96–20353 Filed 8–9–96; 8:45 am] There will be no admission fee or other Administration (FAA) is Lead Agency BILLING CODE 4190±29±P charge to attend and participate. for purposes of implementing the (c) Any person wishing to make a procedures required by the National presentation to the FAA panel will be Environmental Policy Act of 1969 DEPARTMENT OF TRANSPORTATION asked to sign in and estimate the (NEPA), as amended, on a proposed amount of time needed for such transportation system access Federal Aviation Administration presentation. This will permit the panel improvement project sponsored by the to allocate an appropriate amount of Port Authority of New York and New Proposed Revisions of the San Diego time for each presenter. Jersey (Port Authority), operator of the Class B Airspace Area, CA; Public (d) The meetings will not be airport. The purpose of this notice is to Meetings adjourned until everyone on the list has inform the public that the Record of AGENCY: Federal Aviation had an opportunity to address the panel. Decision (ROD) is available to anyone Administration (FAA), DOT. The meeting may be adjourned at any upon request. time if all persons present have had the The FAA considered potential ACTION: Notice of meeting. opportunity to speak. environmental impacts and other factors Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41819 resulting from the construction of the Issued in Washington, DC, on August 7, part 11 of the Federal Aviation Monorail-Northeast Corridor 1996. Regulations (14 CFR Part 11). Connection Project (the Project) at William DeGraaff, Issued in Washington, D.C., on August 7, Newark International Airport (EWR). Acting Manager, Airports Division. 1996. The ROD presents: [FR Doc. 96–20515 Filed 8–9–96; 8:45 am] Donald P. Byrne, —alternatives considered for the project; BILLING CODE 4910±13±M Assistant Chief Counsel for Regulations. —the basis/justification for selecting the Petitions for Exemption Preferred Alternative; [Summary Notice No. PE±96±38] —summary of impacts; and Docket No.: 27227. —mitigation measures for the Preferred Petitions for Exemption; Summary of Petitioner: World Airways, Inc. Alternative. Petitions Received; Dispositions of Sections of the FAR Affected: 14 CFR Petitions Issued The project proposed by the Port 121.434(e). Authority is the development of an AGENCY: Federal Aviation Description of Relief Sought: To extension to the Monorail, currently Administration (FAA), DOT. extend and amend Exemption No. 5640, as amended, which permits World operating at EWR, connecting it to a ACTION: Notice of petitions for Airways, Inc., (World) to use Garuda new Rail Station on the Northeast exemption received and of dispositions Indonesian Airlines’ and Malaysian Corridor (NEC) that will then provide of prior petitions. connection to the other rail services Airlines’ flight attendants as required operated by the New Jersey Transit. SUMMARY: Pursuant to FAA’s rulemaking flight attendants on certain flight Construction of the Monorail extension provisions governing the application, operations in connection with the Hadj requires the incorporation of the system processing, and disposition of petitions without each of those flight attendants right-of-way in the ALP. The FAA for exemption (14 CFR Part 11), this having received 5 hours of supervised conditionally approved an amendment notice contains a summary of certain operating experiences as required by to the ALP on November 9, 1995. This petitions seeking relief from specified § 121.434(e). The amendment, if approval was made subject to an requirements of the Federal Aviation granted, would permit World to use acceptable environmental review. Regulations (14 CFR Chapter I), Philippine Airlines, Inc., flight The FAA, as the Lead Agency, has dispositions of certain petitions attendants who have not completed the determined that the requirements of the previously received, and corrections. operating experience requirements of NEPA have been satisfied for the The purpose of this notice is to improve § 121.434(e) on Hadj-related and non- construction of the proposed project in the public’s awareness of, and Hadj-related flights, including flights to Newark, New Jersey. This decision is participation in, this aspect of FAA’s Los Angeles and San Francisco, based upon the FAA’s close monitoring regulatory activities. Neither publication California, and Honolulu, Hawaii. of the process and consideration of the of this notice nor the inclusion or [FR Doc. 96–20514 Filed 8–9–96; 8:45 am] effects of the project, all of which are omission of information in the summary BILLING CODE 4910±13±M documented in the Draft and Final is intended to affect the legal status of Environmental Impact Statements (DEIS any petition or its final disposition. and FEIS). The FAA’s determinations DATES: Comments on petitions received Maritime Administration are outlined in the ROD. The FEIS was must identify the petition docket approved on January 23, 1996. The ROD number involved and must be received [Docket No. M±020] was concurred in on July 18, 1996. on or before September 3, 1996. The Monorail-NEC Connection project ADDRESSES: Send comments on any Information Collection Available for is part of the Port Authority’s overall petition in triplicate to: Federal Public Comments and effort to address land side capacity Aviation Administration, Office of the Recommendations constraints at EWR. The major objective Chief Counsel, Attn: Rule Docket (AGC– ACTION: Notice and request for of the project is to provide an alternative 200), Petition Docket No. llll, 800 comments. means of access to EWR. The project Independence Avenue, SW., will increase overall access capacity to Washington, D.C. 20591. SUMMARY: In accordance with the the airport and will provide passengers Comments may also be sent Paperwork Reduction Act of 1995, this with a fast, reliable and cost effective electronically to the following internet notice announces the Maritime mode of access. The Monorail-NEC address: [email protected]. Administration’s (MARAD’s) intentions Connection project will also ease the The petition, any comments received, to request extension of approval for current and anticipated congestion on and a copy of any final disposition are three years of a currently approved the roadways at the airport’s entrances filed in the assigned regulatory docket information collection. and exits. Implementation of the and are available for examination in the Monorail-NEC project from the Airport’s Rules Docket (AGC–200), Room 915G, DATES: Comments should be submitted Parking Lot E Monorail Station to the FAA Headquarters Building (FOB 10A), on or before October 11, 1996. new Rail Station on the NEC will reduce 800 Independence Avenue, SW., FOR FURTHER INFORMATION CONTACT: the amount of vehicular traffic destined Washington, D.C. 20591; telephone Taylor E. Jones, Jr., Director, Maritime for the airport and will assist the airport (202) 267–3132. Administration, MAR–250, Room 7302, in matching its airside capacity with its FOR FURTHER INFORMATION CONTACT: 400 Seventh Street, S.W., Washington, landside capacity. Mr. D. Michael Smith, Office of D.C. 20590. Telephone 202–366–5755 or By notice in the Federal Register Rulemaking (ARM–1), Federal Aviation fax 202–366–3889. Copies of this dated July 26, 1996, the U.S. Administration, 800 Independence collection can also be obtained from that Environmental Protection Agency (EPA) Avenue, SW., Washington, DC 20591; office. stated that its previous concerns have telephone (202) 267–7470. SUPPLEMENTARY INFORMATION: been addressed and that EPA therefore, This notice is published pursuant to Title of Collection: Service Obligation has no objection to the proposed project. paragraphs (c), (e), and (g) of § 11.27 of Compliance Report. 41820 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Type of Request: Extension of three years of a currently approved Dated: August 7, 1996. currently approved information information collection. Joel C. Richard, collection. DATES: Comments should be submitted Secretary. OMB Control Number: 2133–0509. on or before October 11, 1996. [FR Doc. 96–20507 Filed 8–9–96; 8:45 am] Form Number: MA–930. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±81±P Expiration Date of Approval: Taylor E. Jones, Jr., Director, Maritime December 31, 1996. Administration, MAR–250, Room 7302, Summary of Collection of 400 Seventh Street, S.W., Washington, Research and Special Programs Information: Every student and graduate D.C. 20590. Telephone 202–366–5755 or Administration of the USMMA and subsidized State fax 202–366–3889. Copies of this maritime academy student and graduate Notice of Proposed Collection; collection can also be obtained from that incurs a mandatory service obligation in Comment Request office. the U.S. merchant marine. Need and Use of the Information: SUPPLEMENTARY INFORMATION: AGENCY: Research and Special Programs Information collection is necessary to Title of Collection: Request for Waiver Administration, DOT. determine if a graduate of the USMMA of Service Obligation; Request for ACTION: Notice and request for or subsidized State maritime academy Deferment of Service Obligation; comments. graduate is complying with the Request for Review of Waiver/ SUMMARY: In accordance with the requirement to submit annually a Deferment Decisions. Paperwork Reduction Act of 1995, this Service Obligation Compliance Report Type of Request: Extension of notice announces the Research and form to the Maritime Administration currently approved information Special Programs Administration’s (MARAD). This form is used to collection. (RSPA) intention to request extension of determine if a graduate has complied OMB Control Number: 2133–0510 an existing information collection in with the terms of the service obligation Form Number: MA–935, MA–936, support of the Office of Pipeline Safety’s for that year. MA–937. Description of Respondents: Every Expiration Date of Approval: (OPS) Alcohol Misuse Prevention student and graduate of the USMMA December 31, 1996. Program for Pipeline Operators. and subsidized State maritime academy Summary of Collection of DATES: Comments on this notice must be student incurs a mandatory service Information: Every student and graduate received on or before October 11, 1996 obligation in the U.S. merchant marine. of the USMMA and subsidized State to be assured of consideration. Annual Responses: 3000. maritime academy student and graduate FOR FURTHER INFORMATION CONTACT: Annual Burden: 30 minutes. incurs a mandatory service obligation in Marvin Fell, Office of Pipeline Safety, Comments: Send all comments the U.S. merchant marine. Research and Special Programs regarding this information collection to Need and Use of the Information: Administration, Department of Joel C. Richard, Department of Information collection is necessary to Transportation, 400 Seventh Street, Transportation, Maritime determine if a graduate of the USMMA S.W., Washington, D.C. 20590, (202) Administration, MAR–120, Room 7210, or subsidized State maritime academy 366–1640. 400 Seventh Street, S.W., Washington, student or graduate has a waiverable SUPPLEMENTARY INFORMATION: Copies of D.C. 20590. Send comments regarding situation that prevents them from this information collection can be whether this information collection is fulfilling the requirements of their reviewed at the Dockets Unit, Room necessary for proper performance of the service obligation contract. It also 8421, Research and Special Programs function of the agency and will have permits MARAD to determine if a Administration, Department of practical utility, accuracy of the burden graduate, who wishes to defer the Transportation, 400 Seventh St., S.W., estimates, ways to minimize this service obligation to attend graduate Washington, D.C. 20590. burden, and ways to enhance quality, school, may receive a deferment. FOR FURTHER INFORMATION CONTACT: utility, and clarity of the information to Description of Respondents: Every Marvin Fell, Office of Pipeline Safety, be collected. student and graduate of the USMMA Research and Special Programs By Order of the Maritime Administrator. and subsidized State maritime academy Administration, Department of Date: August 7, 1996. student incurs a mandatory service Transportation, 400 Seventh Street, obligation in the U.S. merchant marine. Joel C. Richard, S.W., Washington, D.C. 20590, (202) Annual Responses: 100. 366–1640. Secretary. Annual Burden: 20 minutes. [FR Doc. 96–20506 Filed 8–9–96; 8:45 am] Comments are invited on: (a) The Comments: Send all comments need for the proposed collection of BILLING CODE 4910±81±P regarding this information collection to information for the proper performance Joel C. Richard, Department of of the functions of the agency, including [Docket No. M±021] Transportation, Maritime whether the information will have Administration, MAR–120, Room 7210, practical utility; (b) the accuracy of the Information Collection Available for 400 Seventh Street, S.W., Washington, agency’s estimate of the burden of the Public Comments and D.C. 20590. Send comments regarding proposed collection of information Recommendations whether this information collection is including the validity of the necessary for proper performance of the ACTION: methodology and assumptions used; (c) Notice and request for function of the agency and will have comments. ways to enhance the quality, utility and practical utility, accuracy of the burden clarity of the information to be SUMMARY: In accordance with the estimates, ways to minimize this collected; and (d) ways to minimize the Paperwork Reduction Act of 1995, this burden, and ways to enhance quality, burden of the collection of information notice announces the Maritime utility, and clarity of the information to on those who are to respond, including Administration’s (MARAD’s) intentions be collected. the use of appropriate automated, to request extension of approval for By Order of the Maritime Administrator. electronic, mechanical, or other Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41821 technological collection techniques. Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: Send comments to Dockets Unit, Room 1,713. J. Suzanne Hedgepeth, Director, Office 8421, Research and Special Programs All responses to this notice will be of Hazardous Materials, Exemptions and Administration, Department of summarized and included in the request Approvals, Research and Special Transportation, 400 Seventh St., S.W., for OMB approval. All comments will Programs Administration, U.S. Washington, D.C. 20590. also be a matter of public record. Department of Transportation, 400 Title: Alcohol Misuse Prevention Issued in Washington, DC on August 7, Seventh Street, SW, Washington, DC Program. 1996. 20590–0001, (202) 366–4535. OMB Number: 2137–0587. Cesar DeLeon, Key to ‘‘Reasons for Delay’’ Expiration Date of Approval: 2/28/00. Deputy Associate Administrator for Pipeline 1. Awaiting additional information from Type of Request: Extension of an Safety. applicant existing information collection. [FR Doc. 96–20516 Filed 8–9–96; 8:45 am] Abstract: Alcohol misuse has been 2. Extensive public comment under identified by the Federal Government as BILLING CODE 4910±60±P review a significant danger to safety in the 3. Application is technically very complex and is of significant United States today and it is reasonable Office of Hazardous Materials Safety; impact or precedent-setting and to assume that the problem exists in the Notice of Delays in Processing of requires extensive analysis pipeline industry. The potential harmful Exemption Applications effect of alcohol misuse on safe pipeline 4. Staff review delayed by other priority operations warrants the comprehensive AGENCY: Research and Special Programs issues or volume of exemption alcohol misuse testing regulation Administration, DOT. applications imposed on the pipeline industry. These ACTION: List of Applications Delayed Meaning of Application Number rules (49 CFR 199) require information more than 180 days. Suffixes collection in the form of an alcohol misuse prevention plan and record SUMMARY: In accordance with the N—New application keeping. requirements of 49 U.S.C. 5117(c), RSPA M—Modification request Respondents: Pipeline Operators. is publishing the following list of PM—Party to application with Estimate of Burden: 6 hours per exemption applications that have been modification request operator. in process for 180 days or more. The Issued in Washington, DC, on August 5, Estimated Number of Responses per reason(s) for delay and the expected 1996. Respondent: 1. completion date for action on each J. Suzanne Hedgepeth, Estimated Total Burden: 10,278 application is provided in association Director, Office of Hazardous Materials, hours. with each identified application. Exemptions and Approvals.

NEW EXEMPTION APPLICATIONS

Estimated Application No. Applicant Reason for date of delay completion

10581±N Luxfer UK Limited, Nottingham, England ...... 4 ...... 10/31/1996 10664±N EFIC Corporation, San Jose, CA ...... 3 ...... 09/30/1996 10915±N Luxfer USA Limited, Riverside, CA ...... 3 ...... 09/30/1996 10945±N Structural Composites Industries, Pomona, CA ...... 3 ...... 06/30/1996 10997±N HR Textron, Inc., Pacoima, CA ...... 4 ...... 08/30/1996 11098±N Alcan Smelters and Chemicals Ltd., Montreal, CN ...... 4 ...... 09/15/1996 11157±N Northwest Ohio Towing & Recovery, Beaverdam, OH ...... 1, 4 ...... 05/30/1996 11193±N U.S. Department of Defense, Falls Church, VA ...... 4 ...... 08/30/1996 11194±N Pressure Technology, Inc., Hanover, MD ...... 3 ...... 09/30/1996 11302±N Stolt Tank Containers Limited, Hull, North Humberside, EN ...... 1 ...... 08/30/1996 11322±N Hydra Rig, Inc., Ft. Worth, TX ...... 1 ...... 09/30/1996 11375±N Oceaneering Space Systems, Houston, TX ...... 4 ...... 09/30/1996 11396±N Laidlaw Environmental Services, LaPorte, TX ...... 4 ...... 09/30/1996 11409±N Pure Solve, Inc., Irving, TX ...... 4 ...... 09/30/1996 11411±N National Propane Gas Association, Arlington, VA ...... 1, 3 ...... 08/30/1996 11424±N Midwest Corporate Air, Inc., Bellefontaine, OH ...... 4 ...... 08/30/1996 11442±N Union Tank Car Co., East Chicago, IN ...... 4 ...... 09/30/1996 11443±N Hercules Inc., Wilmington, DE ...... 4 ...... 08/30/1996 11450±N Coast Gas Inc., Bakersfield, CA ...... 4 ...... 08/30/1996 11465±N Monsanto Co., St. Louis, MO ...... 4 ...... 09/30/1996 11466±N Monsanto Co., St. Louis, MO ...... 4 ...... 08/30/1996 11470±N North East Chemical Corp., Cleveland OH ...... 4 ...... 09/30/1996 11491±N P.M. Industrial Gas Ltd., Georgetown ...... 1 ...... 08/30/1996 11505±N Manchester Tank, Brentwood, TN ...... 4 ...... 08/30/1996 11511±N Brenner Tank Inc., Fond du Lac, WI ...... 4 ...... 09/30/1996 11523±N Bio-Lab, Inc., Conyers, GA ...... 4 ...... 09/30/1996 11526±N Boc Gases, Murray Hill, NJ ...... 1, 4 ...... 08/15/1996 11527±N Technical Service Co., Long Beach, CA ...... 4 ...... 09/30/1996 11537±N Babson Bros. Co., Romeoville, IL ...... 4 ...... 08/30/1996 11538±N Process Engineering, Plaistow, NH ...... 4 ...... 09/30/1996 11540±N Convenience Products, Fenton, MO ...... 1 ...... 09/30/1996 11541±N Kaiser Compositek, Brea, CA ...... 3 ...... 09/30/1996 41822 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

NEW EXEMPTION APPLICATIONSÐContinued

Estimated Application No. Applicant Reason for date of delay completion

11542±N Sunrise Supply Enterprises, Ltd., Albuquerque, NM ...... 4 ...... 09/30/1996 11551±N The Fertilizer Institute, Washington, DC ...... 08/30/1996 11557±N Westvaco, Richmond, VA ...... 4 ...... 09/30/1996 11559±N Japan Oxygen, Inc., Long Beach, CA ...... 4 ...... 09/30/1996 11561±N Solkatronic Chemicals, Fairfield, NJ ...... 4 ...... 10/30/1996 11565±N C.P.F. Dualam Inc., Gatesville, TX ...... 4 ...... 09/30/1996 11572±N North American Biologicals, Inc., Miami, FL ...... 4 ...... 09/30/1996 11578±N General Alum & Chemical Co., Searsport, MA ...... 4 ...... 10/15/1996 11583±N Alaska Railroad Corp., Anchorage, AK ...... 4 ...... 11/15/1996 11584±N Monsanto Co., St. Louis, MO ...... 1 ...... 09/30/1996 11586±N Chem Coast Inc., La Porte, TX ...... 4 ...... 10/15/1996 11591±N Clearwater Distributors, Inc., Woodridge, NY ...... 4 ...... 09/30/1996 11592±N Amtrol Inc., West Warwick, RI ...... 4 ...... 09/30/1996 11593±N Johnson & Johnson, Skillman, NJ ...... 4 ...... 09/30/1996 11597±N Zeneca, Inc., Wilmington, DE ...... 4 ...... 10/30/1996 11598±N Metalcraft Inc., Baltimore, MD ...... 4 ...... 09/30/1996 11599±N Haviland Products Co., Grand Rapids, MI ...... 1 ...... 10/30/1996 11606±N Safety-Kleen Corp., Elgin, IL ...... 4 ...... 10/30/1996 11609±N Rubbermaid Commercial Products Inc., Winchester, VA ...... 4 ...... 10/31/1996 11615±N Allied-Signal Aerospace Co., Kansas City, MO ...... 4 ...... 08/30/1996 11620±N Advanced Monobloc Corp., Hermitage, PA ...... 4 ...... 10/30/1996 11621±N Aerojet Industrial Products, North Las Vegas, NV ...... 4 ...... 10/30/1996 11622±N Monsanto Co., St. Louis, MO ...... 4 ...... 10/30/1996 11625±N Exxon Chemical Co., Baytown, TX ...... 4 ...... 10/30/1996 11626±N DeVilbiss Health Care, Inc., Ft. Pierce, FL ...... 4 ...... 09/30/1996 11627±N Cabot Corporation, Revere, PA ...... 4 ...... 11/30/1996 11631±N Health Care Incinerators, Fargo, ND ...... 4 ...... 10/31/1996

MODIFICATIONS TO EXEMPTIONS

Estimated Application No. Applicant Reason for date of com- delay pletion

4354±M PPG Industries, Inc., Pittsburgh, PA ...... 4 ...... 09/30/1996 5493±M Montana Sulphur & Chemical Co., Billings, MT ...... 4 ...... 09/30/1996 6117±M Montanta Sulphur & Chemical Co., Billings, MT ...... 4 ...... 10/15/1996 8556±M Air Products & Chemicals, Inc., Allentown, PA ...... 4 ...... 10/31/1996 8710±M Akzo Nobel, Chicago, IL ...... 4 ...... 08/30/1996 9001±M Chesterfield Cylinders Limited, Chesterfield, Derbyshire, EN ...... 4 ...... 08/15/1996 9184±M The Carbide/Graphite Group, Inc., Louisville, KY ...... 4 ...... 08/30/1996 9778±M Western Atlas International, Houston, TX ...... 4 ...... 09/30/1996 9909±M Taylor-Wharton, Harrisburg, PA ...... 4 ...... 09/30/1996 10511±M Schlumberger Technology Corporation, Houston, TX ...... 4 ...... 10/31/1996 10517±M Nalco Chemical Co., Naperville, IL ...... 4 ...... 11/30/1996 10962±M International Compliance Center Ltd., Niagara Falls, NY ...... 4 ...... 08/30/1996 10997±M HR Textron Inc., Pacoima, CA ...... 3, 4 ...... 08/30/1996 11055±M Rollis Chempak Inc., Wilmington, DE ...... 4 ...... 09/30/1996 11215±M Orbital Sciences Corp., Dulles, VA ...... 4 ...... 10/30/1996 11260±M Texas Instruments Inc., Attleboro, MA ...... 1 ...... 08/31/1996 11321±M E.I. du Pont de Nemours & Company, Inc., Wilmington, DE ...... 4 ...... 09/30/1996.

[FR Doc. 96–20443 Filed 8–9–96; 8:45 am] BILLING CODE 4910±60±M Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41823

Surface Transportation Board 1 subsidy or purchase) to enable the rail The Denver and Rio Grande Western service to continue; and (2) it is likely Railroad CompanyÐDiscontinuance of [Docket No. AB±3 (Sub-No. 131)] that the assistance would fully Trackage RightsÐTowner-NA Junction Missouri Pacific Railroad CompanyÐ compensate the railroad. Line in Kiowa, Crowley, and Pueblo AbandonmentÐHope-Bridgeport Line ADDRESSES: Send offers referring to Counties, CO Docket Nos. AB–3 (Sub-No. 131) and in Dickinson and Saline Counties, KS ACTION: Notice of findings. AB–8 (Sub-No. 37) to: (1) Surface [Docket No. AB±8 (Sub-No. 37)] 2 Transportation Board, Office of the SUMMARY: The Board has found that the The Denver and Rio Grande Western Secretary, Case Control Branch, 1201 public convenience and necessity Railroad CompanyÐDiscontinuance of Constitution Avenue, N.W., permit the Missouri Pacific Railroad Washington, DC 20423; and (2) Robert Company (MPRR) to abandon, and The Trackage RightsÐHope-Bridgeport # Line in Dickinson and Saline Counties, T. Opal, 1416 Dodge Street, Room 830, Denver and Rio Grande Western KS Omaha, NE 68179; and Gary A. Laakso, Railroad Company to discontinue its The Denver and Rio Grande Western overhead trackage rights operations AGENCY: Surface Transportation Board. Railroad Company, One Market Plaza, over, MPRR’s Towner-NA Junction Line, ACTION: Notice of findings. Room 846, San Francisco, CA 94105. which extends between MP 869.4 near The following notation must be typed in NA (North Avondale) Junction, CO, and SUMMARY: The Board has found that the bold face on the lower left-hand corner MP 747.0 near Towner, CO, a distance public convenience and necessity of the envelope containing the offer: of approximately 122.4 miles in Pueblo, permit the Missouri Pacific Railroad ‘‘Office of Proceedings, AB-OFA.’’ Crowley, and Kiowa Counties, CO, Company (MPRR) to abandon, and The FOR FURTHER INFORMATION CONTACT: Julia subject to standard employee protective Denver and Rio Grande Western M. Farr, (202) 927–5352. [TDD for the conditions, environmental conditions, Railroad Company to discontinue its hearing impaired: (202) 927–5721]. and a 180-day trail use condition, all of trackage rights on, a line of railroad SUPPLEMENTARY INFORMATION: which are set forth in Decision No. 44, extending from milepost 459.20 near Additional information is contained in served on August 12, 1996, in Finance Hope to milepost 491.20 near the Board’s Decision No. 44 in Finance Docket No. 32760. Bridgeport, a distance of approximately Docket No. 32760. To purchase a copy DATES: The Board’s decision will be 31.24 miles (milepost 478.05 = milepost of the full decision, write to, call, or effective on September 11, 1996. Any 478.81) in Dickinson and Saline pick up in person from: DC News & financial assistance offer must be filed Counties, KS, subject to standard Data, Inc., 1201 Constitution Avenue, with the Board and the railroads no later employee protective conditions, N.W., Room 2229, Washington, DC than August 22, 1996. Any offer environmental conditions, and a 180- 20423. Telephone: (202) 289–4357/ previously made must be remade by the day trail use condition, all of which are 4359. [Assistance for the hearing due date. A certificate will be issued set forth in Decision No. 44, served on impaired is available through TDD unless the Board also finds that: (1) A August 12, 1996, in Finance Docket No. services (202) 927–5721.] financially responsible person has 32760. Information and procedures regarding offered financial assistance (through DATES: The Board’s decision will be financial assistance for continued rail subsidy or purchase) to enable the rail effective on September 11, 1996. Any service are contained in 49 U.S.C. 10905 service to continue; and (2) it is likely financial assistance offer must be filed and 49 CFR 1152.27. that the assistance would fully with the Board and the railroads no later compensate the railroad. Decided: August 6, 1996. than August 22, 1996. Any offer ADDRESSES: Send offers referring to By the Board, Chairman Morgan, Vice previously made must be remade by the Docket Nos. AB–3 (Sub-No. 130) and due date. A certificate will be issued Chairman Simmons, and Commissioner Owen. AB–8 (Sub-No. 38) to: (1) Surface unless the Board also finds that: (1) A Vernon A. Williams, Transportation Board, Office of the financially responsible person has Secretary, Case Control Branch, 1201 Secretary. offered financial assistance (through Constitution Avenue, N.W., [FR Doc. 96–20466 Filed 8–9–96; 8:45 am] Washington, DC 20423; and (2) Robert 1 The ICC Termination Act of 1995, Pub. L. No. BILLING CODE 4915±00±P T. Opal, 1416 Dodge Street, Room 830, 104–88, 109 Stat. 803 (the Act), which was enacted on December 29, 1995, and took effect on January Omaha, NE 68179; and Gary A. Laakso, The Denver and Rio Grande Western 1, 1996, abolished the Interstate Commerce Surface Transportation Board 1 Commission (ICC) and transferred certain functions Railroad Company, One Market Plaza, and proceedings to the Surface Transportation [Docket No. AB±3 (Sub-No. 130)] Room 846, San Francisco, CA 94105. Board (Board). Section 204(b)(1) of the act provides, The following notation must be typed in in general, that proceedings pending before the ICC Missouri Pacific Railroad CompanyÐ on the effective date of that legislation shall be decided under the law in effect prior to January 1, AbandonmentÐTowner-NA Junction decided under the law in effect prior to January 1, 1996, insofar as they involve functions retained by Line in Kiowa, Crowley, and Pueblo 1996, insofar as they involve functions retained by the Act. This notice relates to a proceeding that was Counties, CO the Act. This notice relates to a proceeding that was pending with the ICC prior to January 1, 1996, and pending with the ICC prior to January 1, 1996, and to functions that are subject to Board jurisdiction [Docket No. AB±8 (Sub-No. 38)] 2 to functions that are subject to Board jurisdiction pursuant to 49 U.S.C. 10903. Therefore, this notice pursuant to 49 U.S.C. 10903. Therefore, this notice applies the law in effect prior to the Act, and AGENCY: Surface Transportation Board. applies the law in effect prior to the Act, and citations are to the former section of the statute, citations are to the former section of the statute, unless otherwise indicated. 1 The ICC Termination Act of 1995, Pub. L. 104– unless otherwise indicated. 2 These proceedings are embraced in Finance 88, 109 Stat. 803 (the Act), which was enacted on 2 These proceedings are embraced in Finance Docket No. 32760, Union Pacific Corporation, December 29, 1995, and took effect on January 1, Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri 1996, abolished the Interstate Commerce Union Pacific Railroad Company, and Missouri Pacific Railroad Company—Control and Merger— Commission (ICC) and transferred certain functions Pacific Railroad Company—Control and Merger— Southern Pacific Rail Corporation, Southern Pacific and proceedings to the Surface Transportation Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Board (Board). Section 204(b)(1) of the act provides, Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver in general, that proceedings pending before the ICC Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. on the effective date of that legislation shall be and Rio Grande Western Railroad Company. 41824 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices bold face on the lower left-hand corner requirements of 49 U.S.C. 10903–04 the Surface Transportation Board 1 of the envelope containing the offer: abandonment by Missouri Pacific [Docket No. AB±3 (Sub-No. 129X)] 2 ‘‘Office of Proceedings, AB-OFA.’’ Railroad Company of its approximately FOR FURTHER INFORMATION CONTACT: Julia 8.5-mile rail line between milepost Missouri Pacific Railroad CompanyÐ M. Farr, (202) 927–5352. [TDD for the 680.0 near Iowa Junction and milepost Abandonment ExemptionÐGurdon- hearing impaired: (202) 927–5721]. 688.5 near Manchester in Jefferson Camden Line in Clark, Nevada, and SUPPLEMENTARY INFORMATION: Davis and Calcasieu Parishes, LA, Ouachita Counties, AR Additional information is contained in subject to standard labor protective the Board’s Decision No. 44 in Finance conditions, environmental conditions, a AGENCY: Surface Transportation Board. Docket No. 32760. To purchase a copy 180-day trail use condition, and a 180- ACTION: Notice of exemption. of the full decision, write to, call, or day public use condition, all of which SUMMARY: The Board, under 49 U.S.C. pick up in person from: DC News & are set forth in Decision No. 44, served 10505, exempts from the prior approval Data, Inc., 1201 Constitution Avenue, on August 12, 1996, in Finance Docket requirements of 49 U.S.C. 10903–04 the N.W., Room 2229, Washington, DC No. 32760. 20423. Telephone: (202) 289–4357/ abandonment by Missouri Pacific DATES: Provided no formal expression of 4359. [Assistance for the hearing Railroad Company of its 28.7-mile rail intent to file an offer of financial impaired is available through TDD line between milepost 428.3 near assistance has been received, this services (202) 927–5721.] Gurdon and milepost 457.0 near Information and procedures regarding exemption will be effective on Camden in Clark, Nevada, and Ouachita financial assistance for continued rail September 11, 1996. Formal expressions Counties, AR, subject to standard labor service are contained in 49 U.S.C. 10905 of intent to file an offer of financial protective conditions, and and 49 CFR 1152.27. assistance under 49 CFR 1152.27(c)(2) 3 environmental and historic preservation and additional requests for trail use/rail conditions as set forth in Decision No. Decided: August 6, 1996. banking under 49 CFR 1152.29 must be 44, served on August 12, 1996, in By the Board, Chairman Morgan, Vice filed by August 22, 1996; petitions to Finance Docket No. 32760. Chairman Simmons, and Commissioner Owen. stay must be filed by August 22, 1996; DATES: Provided no formal expression of Vernon A. Williams, and petitions to reopen must be filed by intent to file an offer of financial September 3, 1996. Because the Board is assistance has been received, this Secretary. imposing a 180-day public use exemption will be effective on [FR Doc. 96–20467 Filed 8–9–96; 8:45 am] condition in this proceeding, it is September 11, 1996. Formal expressions BILLING CODE 4915±00±P unnecessary to request this condition. of intent to file an offer of financial assistance under 49 CFR 1152.27(c)(2) 3 ADDRESSES: Send pleadings referring to and requests for trail use/rail banking Surface Transportation Board 1 Docket No. AB–3 (Sub-No. 133X) to: (1) under 49 CFR 1152.29 must be filed by [Docket No. AB±3 (Sub-No. 133X)] 2 Surface Transportation Board, Office of August 22, 1996; petitions to stay must the Secretary, Case Control Branch, be filed by August 22, 1996; requests for Missouri Pacific Railroad CompanyÐ 1201 Constitution Avenue, N.W., a public use condition must be filed by Abandonment ExemptionÐIowa Washington, DC 20423; and (2) Robert September 3, 1996; and petitions to Junction Line-Manchester Line in T. Opal 1416 Dodge Street, Room 830, reopen must be filed by September 3, Jefferson Davis and Calcasieu Omaha, NE 68179–0830. 1996. Parishes, LA FOR FURTHER INFORMATION CONTACT: Julia ADDRESSES: Send pleadings referring to AGENCY: Surface Transportation Board. M. Farr, (202) 927–5352. [TDD for the Docket No. AB–3 (Sub-No. 129X) to: (1) ACTION: Notice of exemption. hearing impaired: (202) 927–5721.] Surface Transportation Board, Office of the Secretary, Case Control Branch, SUMMARY: The Board, under 49 U.S.C. SUPPLEMENTARY INFORMATION: 10505, exempts from the prior approval Additional information is contained in 1 The ICC Termination Act of 1995, Pub. L. 104– the Board’s Decision No. 44 in Finance 88, 109 Stat. 803 (the Act), which was enacted on 1 The ICC Termination Act of 1995, Pub. L. 104– Docket No. 32760. To purchase a copy December 29, 1995, and took effect on January 1, 88, 109 Stat. 803 (the Act), which was enacted on 1996, abolished the Interstate Commerce of the full decision, write to, call, or Commission (ICC) and transferred certain functions December 29, 1995, and took effect on January 1, pick up in person from: DC News & 1996, abolished the Interstate Commerce and proceedings to the Surface Transportation Commission (ICC) and transferred certain functions Data, Inc., 1201 Constitution Avenue, Board (Board). Section 204(b)(1) of the Act and proceedings to the Surface Transportation N.W., Room 2229, Washington, DC provides, in general, that proceedings pending Board (Board). Section 204(b)(1) of the Act 20423. Telephone: (202) 289–4357/ before the ICC on the effective date of that provides, in general, that proceedings pending legislation shall be decided under the law in effect before the ICC on the effective date of that 4359. [Assistance for the hearing prior to January 1, 1996, insofar as they involve legislation shall be decided under the law in effect impaired is available through TDD functions retained by the Act. This notice relates to prior to January 1, 1996, insofar as they involve services (202) 927–5721.] a proceeding that was pending with the ICC prior functions retained by the Act. This notice relates to to January 1, 1996, and to functions that are subject a proceeding that was pending with the ICC prior Decided: August 6, 1996. to Board jurisdiction pursuant to section 10903. to January 1, 1996, and to functions that are subject Therefore, this notice applies the law in effect prior By the Board, Chairman Morgan, Vice to the Act, and citations are to the former sections to Board jurisdiction pursuant to section 10903. Chairman Simmons, and Commissioner Therefore, this notice applies the law in effect prior of the statute, unless otherwise indicated. to the Act, and citations are to the former sections Owen. 2 This exemption is related to Finance Docket of the statute, unless otherwise indicated. Vernon A. Williams, No. 32760, Union Pacific Corporation, Union 2 This exemption is related to Finance Docket No. Pacific Railroad Company, and Missouri Pacific 32760, Union Pacific Corporation, Union Pacific Secretary. Railroad Company—Control and Merger—Southern Railroad Company, and Missouri Pacific Railroad [FR Doc. 96–20470 Filed 8–9–96; 8:45 am] Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Company—Control and Merger—Southern Pacific BILLING CODE 4915±00±P Rail Corporation, Southern Pacific Transportation Railway Company, SPCSL Corp., and The Denver Company, St. Louis Southwestern Railway and Rio Grande Western Railroad Company. Company, SPCSL Corp., and The Denver and Rio 3 See Exempt. of Rail Abandonment—Offers of 3 See Exempt. of Rail Abandonment—Offers of Grande Western Railroad Company. Finan. Assist., 4 I.C.C.2d 164 (1987). Finan. Assist., 4 I.C.C.2d 164 (1987). Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41825

1201 Constitution Avenue, N.W., MPRR has certified that: (1) No local representative: Robert T. Opal, General Washington, DC 20423; and (2) Robert traffic has moved over the line for at Attorney, 1416 Dodge Street, Room 830, T. Opal, 1416 Dodge Street, Room 830, least 2 years; (2) overhead traffic will be Omaha, NE 68179. Omaha, NE 68179–0830. rerouted over other lines; (3) no formal If the verified notice contains false or FOR FURTHER INFORMATION CONTACT: Julia complaint filed by a user of rail service misleading information, the exemption M. Farr, (202) 927–5352. [TDD for the on the line (or by a state or local is void ab initio. hearing impaired: (202) 927–5721.] government entity acting on behalf of Decided: August 6, 1996. such user) regarding cessation of service SUPPLEMENTARY INFORMATION: By the Board, Chairman Morgan, Vice over the line either is pending with the Additional information is contained in Chairman Simmons, and Commissioner Board or with any U.S. District Court or the Board’s Decision No. 44 in Finance Owen. has been decided in favor of Docket No. 32760. To purchase a copy Vernon A. Williams, complainant within the 2-year period; of the full decision, write to, call, or Secretary. and (4) the requirements at 49 CFR pick up in person from: DC News & [FR Doc. 96–20478 Filed 8–9–96; 8:45 am] 1105.7 (environmental reports), 49 CFR Data, Inc., 1201 Constitution Avenue, 1105.8 (historic reports), 49 CFR BILLING CODE 4915±00±P N.W., Room 2229, Washington, DC 1105.11 (transmittal letter), 49 CFR 20423. Telephone: (202) 289–4357/ 1105.12 (newspaper publication), and Surface Transportation Board 1 4359. [Assistance for the hearing 49 CFR 1152.50(d)(1) (notice to impaired is available through TDD governmental agencies) have been met. [Docket No. AB±3 (Sub-No. 132X)] 2 services (202) 927–5721.] As a condition to this exemption, any Decided: August 6, 1996. employee adversely affected by the Missouri Pacific Railroad CompanyÐ By the Board, Chairman Morgan, Vice abandonment shall be protected under Abandonment ExemptionÐ Chairman Simmons, and Commissioner Oregon Short Line R. Co.— Whitewater-Newton Line in Butler and Owen. Abandonment—Goshen, 360 I.C.C. 91 Harvey Counties, KS Vernon A. Williams, (1979). To address whether this Missouri Pacific Railroad Company Secretary. condition adequately protects affected (MPRR) has filed a notice of exemption [FR Doc. 96–20471 Filed 8–9–96; 8:45 am] employees, a petition for partial under 49 CFR part 1152 Subpart F— revocation under 49 U.S.C. 10502(d) BILLING CODE 4915±00±P Exempt Abandonments and must be filed. The notice is subject to Discontinuances to abandon a 9.0-mile environmental conditions as set forth in portion of the Newton-Whitewater line 1 Appendix G in Decision No. 44, served Surface Transportation Board (portion of McPherson Branch) from on August 12, 1996, in Finance Docket 2 milepost 476.0 near Whitewater to [Docket No. AB±3 (Sub-No. 134X)] No. 32760. Also in Decision No. 44, the milepost 485.0 near Newton, in Butler Board has imposed a 90-day public use and Harvey Counties, KS.3 Missouri Pacific Railroad CompanyÐ condition. Trail use/rail banking MPRR has certified that: (1) No local Abandonment ExemptionÐTroup- conditions or additional public use traffic has moved over the line for at Whitehouse Line in Smith County, TX conditions will be imposed, where least 2 years; (2) overhead traffic can be necessary, in a subsequent decision. Missouri Pacific Railroad Company rerouted over other rail lines; (3) no (MPRR) has filed a notice of exemption Provided no formal expression of intent to file an offer of financial formal complaint filed by a user of rail under 49 CFR part 1152 Subpart F— service on the line (or by a state or local Exempt Abandonments and assistance (OFA) has been received, this exemption will be effective on government entity acting on behalf of Discontinuances to abandon such user) regarding cessation of service approximately 7.5 miles of the Troup- September 11, 1996, unless stayed pending reconsideration. Petitions to Whitehouse line (portion of the Tyler 1 The ICC Termination Act of 1995, Pub. L. 104– Industrial Lead) extending from stay, formal expressions of intent to file 88, 109 Stat. 803 (the Act), which was enacted on 4 milepost 0.50 near Troup to milepost an OFA under 49 CFR 1152.27(c)(2), December 29, 1995, and took effect on January 1, 8.0 near Whitehouse, in Smith County, and trail use/rail banking requests under 1996, abolished the Interstate Commerce 5 Commission (ICC) and transferred certain functions 3 49 CFR 1152.29 must be filed by TX. to the Surface Transportation Board (Board). August 22, 1996. Petitions to reopen or Section 204(b)(1) of the Act provides, in general, 1 The ICC Termination Act of 1995, Pub. L. 104– requests for public use conditions under that proceedings pending before the ICC on the 88, 109 Stat. 803 (the Act), which was enacted on 49 CFR 1152.28 must be filed by effective date of that legislation shall be decided December 29, 1995, and took effect on January 1, September 3, 1996, with: Office of the under the law in effect prior to January 1, 1996, 1996, abolished the Interstate Commerce Secretary, Case Control Branch, Surface insofar as they involve functions retained by the Commission (ICC) and transferred certain functions Act. This notice relates to a proceeding that was to the Surface Transportation Board (Board). Transportation Board, 1201 Constitution pending with the ICC prior to January 1, 1996, and Section 204(b)(1) of the Act provides, in general, Avenue, NW., Washington, DC 20423. to functions that are subject to the Board’s that proceedings pending before the ICC on the A copy of any petition filed with the jurisdiction pursuant to 49 U.S.C. 10903. Therefore, effective date of that legislation shall be decided Board should be sent to applicant’s this notice applies the law in effect prior to the Act, under the law in effect prior to January 1, 1996, except that petitions to revoke would be filed under insofar as they involve functions retained by the the new law at 49 U.S.C. 10502(d). Act. This notice relates to a proceeding that was Company, SPCSL Corp., and The Denver and Rio 2 This exemption is related to Finance Docket No. pending with the ICC prior to January 1, 1996, and Grande Western Railroad Company. 32760, Union Pacific Corporation, Union Pacific to functions that are subject to the Board’s 3 MPRR states that the abandonment does not Railroad Company, and Missouri Pacific Railroad jurisdiction pursuant to 49 U.S.C. 10903. Therefore, include active industries at Troup or Whitehouse, Company—Control and Merger—Southern Pacific this notice applies the law in effect prior to the Act, TX. MPRR also states that it intends to consummate Rail Corporation, Southern Pacific Transportation except that petitions to revoke would be filed under the abandonment on or after the effective date of the Company, St. Louis Southwestern Railway the new law at 49 U.S.C. 10502(d). Board’s approval in Finance Docket No. 32760. Company, SPCSL Corp., and The Denver and Rio 2 This exemption is related to Finance Docket No. 4 See Exempt. of Rail Abandonment—Offers of Grande Western Railroad Company. 32760, Union Pacific Corporation, Union Pacific Finan. Assist., 4 I.C.C.2d 164 (1987). 3 MPRR states that the abandonment does not Railroad Company, and Missouri Pacific Railroad 5 The Board will accept late-filed trail use include active industries at Whitewater or Newton, Company—Control and Merger—Southern Pacific requests so long as the abandonment has not been KS. MPRR also states that it intends to consummate Rail Corporation, Southern Pacific Transportation consummated and the abandoning railroad is the abandonment on or after the effective date of the Company, St. Louis Southwestern Railway willing to negotiate an agreement. Board’s approval in Finance Docket 32760. 41826 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices over the line either is pending with the Surface Transportation Board 1 of the Secretary, Case Control Branch, Board or with any U.S. District Court or 1201 Constitution Avenue, N.W., [Docket No. AB±12 (Sub-No. 184X)] 2 has been decided in favor of Washington, DC 20423; and (2) Gary A. complainant within the 2-year period; Southern Pacific Transportation Laakso, General Attorney, Southern and (4) the requirements at 49 CFR CompanyÐAbandonment ExemptionÐ Pacific Building, One Market Plaza, 1105.7 (environmental reports), 49 CFR Wendel-Alturas Line in Modoc and Room 846, San Francisco, CA 94105. 1105.8 (historic reports), 49 CFR Lassen Counties, CA FOR FURTHER INFORMATION CONTACT: Julia 1105.11 (transmittal letter), 49 CFR M. Farr, (202) 927–5352. [TDD for the 1105.12 (newspaper publication), and AGENCY: Surface Transportation Board. hearing impaired: (202) 927–5721.] ACTION: Notice of exemption. 49 CFR 1152.50(d)(1) (notice to SUPPLEMENTARY INFORMATION: governmental agencies) have been met. SUMMARY: The Board, under 49 U.S.C. Additional information is contained in As a condition to this exemption, any 10505, exempts from the prior approval the Board’s Decision No. 44 in Finance employee adversely affected by the requirements of 49 U.S.C. 10903–04 the Docket No. 32760. To purchase a copy abandonment shall be protected under abandonment by Southern Pacific of the full decision, write to, call, or Oregon Short Line R. Co.— Transportation Company of its 85.5-mile pick up in person from: DC News & Abandonment—Goshen, 360 I.C.C. 91 rail line between milepost 360.1 near Data, Inc., 1201 Constitution Avenue, (1979). To address whether this Wendel and milepost 445.6, near N.W., Room 2229, Washington, DC condition adequately protects affected Alturas, in Modoc and Lassen Counties, 20423. Telephone: (202) 289–4357/ employees, a petition for partial CA, subject to standard labor protective 4359. [Assistance for the hearing revocation under 49 U.S.C. 10502(d) conditions, environmental and historic impaired is available through TDD must be filed. The notice is subject to preservation conditions, a 180-day trail services (202) 927–5721.] environmental conditions as set forth in use condition, and a 180-day public use Decided: August 6, 1996. Appendix G in Decision No. 44, served condition, all of which are set forth in on August 12, 1996, in Finance Docket Decision No. 44, served on August 12, By the Board, Chairman Morgan, Vice No. 32760. Chairman Simmons, and Commissioner 1996, in Finance Docket No. 32760. Owen. Provided no formal expression of DATES: Provided no formal expression of Vernon A. Williams, intent to file an offer of financial intent to file an offer of financial Secretary. assistance (OFA) has been received, this assistance has been received, this exemption will be effective on exemption will be effective on [FR Doc. 96–20472 Filed 8–9–96; 8:45 am] September 11, 1996, unless stayed September 11, 1996. Formal expressions BILLING CODE 4915±00±P pending reconsideration. Petitions to of intent to file an offer of financial stay, formal expressions of intent to file assistance under 49 CFR 1152.27(c)(2) 3 Surface Transportation Board 1 an OFA under 49 CFR 1152.27(c)(2),4 and additional requests for trail use/rail and trail use/rail banking requests under banking under 49 U.S.C. 1152.29 must [Docket No. AB±12 (Sub-No. 185X)] 49 CFR 1152.29 5 must be filed by be filed by August 22, 1996; petitions to August 22, 1996. Petitions to reopen or stay must be filed by August 22, 1996; Southern Pacific Transportation requests for public use conditions under and petitions to reopen must be filed by CompanyÐAbandonment ExemptionÐ 49 CFR 1152.28 must be filed by September 3, 1996. Because the Board is Suman-Bryan Line in Brazos and 2 September 3, 1996, with: Office of the imposing a 180-day public use Robertson Counties, TX Secretary, Case Control Branch, Surface condition in this proceeding, it is AGENCY: Surface Transportation Board. Transportation Board, 1201 Constitution unnecessary to request this condition. ACTION: Notice of exemption. Avenue, N.W., Washington, DC 20423. ADDRESSES: Send pleadings referring to A copy of any petition filed with the Docket No. AB–12 (Sub-No. 184X) to: SUMMARY: The Board, under 49 U.S.C. Board should be sent to applicant’s (1) Surface Transportation Board, Office 10505, exempts from the prior approval representative: Robert T. Opal, General 1 Attorney, 1416 Dodge Street, Room 830, The ICC Termination Act of 1995, Pub. L. 104– 1 The ICC Termination Act of 1995, Pub. L. No. Omaha, NE 68179. 88, 109 Stat. 803 (the Act), which was enacted on 104–88, 109 Stat. 803 (the Act), which was enacted December 29, 1995, and took effect on January 1, If the verified notice contains false or on December 29, 1995, and took effect on January 1996, abolished the Interstate Commerce 1, 1996, abolished the Interstate Commerce misleading information, the exemption Commission (ICC) and transferred certain functions Commission (ICC) and transferred certain functions is void ab initio. and proceedings to the Surface Transportation and proceedings to the Surface Transportation Board (Board). Section 204(b)(1) of the Act Board (Board). Section 204(b)(1) of the Act Public use or trail use/rail banking provides, in general, that proceedings pending conditions will be imposed, where provides, in general, that proceedings pending before the ICC on the effective date of that before the ICC on the effective date of that appropriate, in a subsequent decision. legislation shall be decided under the law in effect legislation shall be decided under the law in effect prior to January 1, 1996, insofar as they involve Decided: August 6, 1996. prior to January 1, 1996, insofar as they involve functions retained by the Act. This notice relates to functions retained by the Act. This notice relates to By the Board, Chairman Morgan, Vice a proceeding that was pending with the ICC prior a proceeding that was pending with the ICC prior Chairman Simmons, and Commissioner to January 1, 1996, and to functions that are subject to January 1, 1996, and to functions that are subject Owen. to Board jurisdiction pursuant to section 10903. to Board jurisdiction pursuant to section 10903. Therefore, this notice applies the law in effect prior Vernon A. Williams, Therefore, this notice applies the law in effect prior to the Act, and citations are to the former sections to the Act, and citations are to the former sections Secretary. of the statute, unless otherwise indicated. of the statute, unless otherwise indicated. 2 [FR Doc. 96–20479 Filed 8–9–96; 8:45 am] This exemption is related to Finance Docket No. 2 Southern Pacific Transportation Company (SPT) 32760, Union Pacific Corporation, Union Pacific BILLING CODE 4915±00±P originally petitioned to abandon the entire 16.2- Railroad Company, and Missouri Pacific Railroad mile Suman-Bryan Line in Brazos and Robertson Company—Control and Merger—Southern Pacific Counties, TX. SPT later modified the petition by 4 See Exempt. of Rail Abandonment—Offers of Rail Corporation, Southern Pacific Transportation excluding the rail segment between milepost 105.7 Finan. Assist., 4 I.C.C.2d 164 (1987). Company, St. Louis Southwestern Railway and milepost 101.4 near Bryan, TX. Now, the line 5 The Board will accept late-filed trail use Company, SPCSL Corp., and The Denver and Rio sought to be abandoned lies solely in Robertson requests so long as the abandonment has not been Grande Western Railroad Company. County, TX. We are, however, for administrative consummated and the abandoning railroad is 3 See Exempt. of Rail Abandonment—Offers of convenience retaining the original title of this willing to negotiate an agreement. Finan. Assist., 4 I.C.C.2d 164 (1987). proceeding. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41827 requirements of 49 U.S.C. 10903–04 the By the Board, Chairman Morgan, Vice has been decided in favor of abandonment by Southern Pacific Chairman Simmons, and Commissioner complainant within the 2-year period; Transportation Company of its 12.53- Owen. and (4) the requirements at 49 CFR mile rail line between milepost 117.6 Vernon A. Williams, 1105.7 (environmental reports), 49 CFR near Suman and milepost 105.7 near Secretary. 1105.8 (historic reports), 49 CFR Benchley in Robertson County, TX, [FR Doc. 96–20473 Filed 8–9–96; 8:45 am] 1105.11 (transmittal letter), 49 CFR subject to standard labor protective BILLING CODE 4915±00±P 1105.12 (newspaper publication), and conditions, environmental and historic 49 CFR 1152.50(d)(1) (notice to preservation conditions, and a 90-day governmental agencies) have been met. Surface Transportation Board 1 public use condition, all of which are As a condition to this exemption, any set forth in Decision No. 44, served on [Docket No. AB±12 (Sub-No. 187X)] 2 employee adversely affected by the August 12, 1996, in Finance Docket No. abandonment shall be protected under 32760. Southern Pacific Transportation Oregon Short Line R. Co.— CompanyÐAbandonment ExemptionÐ Abandonment—Goshen, 360 I.C.C. 91 DATES: Provided no formal expression of Seabrook-San Leon Line in Galveston (1979). To address whether this intent to file an offer of financial and Harris Counties, TX condition adequately protects affected assistance has been received, this employees, a petition for partial exemption will be effective on Southern Pacific Transportation revocation under 49 U.S.C. 10502(d) Company (SPT) has filed a notice of September 11, 1996. Formal expressions must be filed. The notice is subject to exemption under 49 CFR part 1152 of intent to file an offer of financial environmental and historic preservation Subpart F—Exempt Abandonments and assistance under 49 CFR 1152.27(c)(2) 3 conditions as set forth in Appendix G in Discontinuances to abandon Decision No. 44, served on August 12, and requests for trail use/rail banking approximately 10.5 miles of its must be filed by August 22, 1996; 1996, in Finance Docket No. 32760. Seabrook-San Leon Line from milepost Also in Decision No. 44, the Board has petitions to stay must be filed by August 30.0 near Seabrook, to milepost 40.5 22, 1996; requests for a public use imposed a 90-day public use condition. near San Leon, in Galveston and Harris Trail use/rail banking conditions and condition must be filed by September 3, Counties, TX.3 1996, and petitions to reopen must be additional public use conditions will be SPT has certified that: (1) No local imposed, where appropriate, in a filed by September 3, 1996. traffic has moved over the line for at subsequent decision. least 2 years; (2) there is no overhead ADDRESSES: Send pleadings referring to Provided no formal expression of traffic on the line; (3) no formal Docket No. AB–12 (Sub-No. 185X) to: intent to file an offer of financial complaint filed by a user of rail service (1) Surface Transportation Board, Office assistance (OFA) has been received, this on the line (or by a state or local of the Secretary, Case Control Branch, exemption will be effective on government entity acting on behalf of 1201 Constitution Avenue, N.W., such user) regarding cessation of service September 11, 1996, unless stayed Washington, DC 20423; and (2) Gary A. over the line either is pending with the pending reconsideration. Petitions to Laakso, General Attorney, Southern Board or with any U.S. District Court or stay, formal expressions of intent to file Pacific Building, One Market Plaza, an OFA under 49 CFR 1152.27(c)(2),4 Room 846, San Francisco, CA 94105. 1 The ICC Termination Act of 1995, Pub. L. 104– and trail use/rail banking requests under 88, 109 Stat. 803 (the Act), which was enacted on 49 CFR 1152.29 5 must be filed by FOR FURTHER INFORMATION CONTACT: Julia December 29, 1995, and took effect on January 1, August 22, 1996. Petitions to reopen or M. Farr, (202) 927–5352. [TDD for the 1996, abolished the Interstate Commerce requests for public use conditions under hearing impaired: (202) 927–5721.] Commission (ICC) and transferred certain functions to the Surface Transportation Board (Board). 49 CFR 1152.28 must be filed by SUPPLEMENTARY INFORMATION: Section 204(b)(1) of the Act provides, in general, September 3, 1996, with: Office of the Additional information is contained in that proceedings pending before the ICC on the Secretary, Case Control Branch, Surface effective date of that legislation shall be decided the Board’s Decision No. 44 in Finance Transportation Board, 1201 Constitution under the law in effect prior to January 1, 1996, Avenue, N.W., Washington, DC 20423. Docket No. 32760. To purchase a copy insofar as they involve functions retained by the of the full decision, write to, call, or Act. This notice relates to a proceeding that was A copy of any petition filed with the pending with the ICC prior to January 1, 1996, and pick up in person from: DC News & Board should be sent to applicant’s to functions that are subject to the Board’s representative: Gary A. Laakso, General Data, Inc., 1201 Constitution Avenue, jurisdiction pursuant to 49 U.S.C. 10903. Therefore, Attorney, Southern Pacific Building, N.W., Room 2229, Washington, DC this notice applies the law in effect prior to the Act, One Market Plaza, Room 846, San 20423. Telephone: (202) 289–4357/ except that petitions to revoke would be filed under the new law at 49 U.S.C. 10502(d). Francisco, CA 94105. 4359. [Assistance for the hearing 2 This exemption is related to Finance Docket No. If the verified notice contains false or impaired is available through TDD 32760, Union Pacific Corporation, Union Pacific misleading information, the exemption services (202) 927–5721.] Railroad Company, and Missouri Pacific Railroad Company—Control and Merger—Southern Pacific is void ab initio. Decided: August 6, 1996. Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway 4 See Exempt. of Rail Abandonment—Offers of Company, SPCSL Corp., and The Denver and Rio Finan. Assist., 4 I.C.C. 2d 164 (1987). Grande Western Railroad Company. 5 The Board will accept late-filed trail use 3 SPT indicates that it intends to consummate the requests so long as the abandonment has not been 3 See Exempt. of Rail Abandonment—Offers of abandonment on or after the effective date of the consummated and the abandoning railroad is Finan. Assist., 4 I.C.C. 2d 164 (1987). Board’s approval in Finance Docket No. 32760. willing to negotiate an agreement. 41828 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Decided: August 6, 1996. authority is granted) and denied in part Surface Transportation Board 1 By the Board, Chairman Morgan, Vice (abandonment authority is denied). 2 Chairman Simmons, and Commissioner [Docket No. AB±8 (Sub-No. 36X)] Owen. DATES: The Board’s decision will be effective on September 11, 1996. Any The Denver and Rio Grande Western Vernon A. Williams, Railroad CompanyÐDiscontinuance Secretary. financial assistance offer must be filed with the Board and the railroad(s) no ExemptionÐSage-Malta-Leadville Line [FR Doc. 96–20482 Filed 8–9–96; 8:45 am] in Eagle and Lake Counties, CO BILLING CODE 4915±00±P later than August 22, 1996. Any offer previously made must be remade by the [Docket No. AB±12 (Sub-No. 189X)] due date. A certificate will be issued Surface Transportation Board 1 unless the Board also finds that: (1) A Southern Pacific Transportation financially responsible person has CompanyÐAbandonment ExemptionÐ [Docket No. AB±8 (Sub-No. 39)] Sage-Malta-Leadville Line in Eagle and offered financial assistance (through Lake Counties, CO The Denver and Rio Grande Western subsidy or purchase) to enable the rail Railroad CompanyÐ DiscontinuanceÐ service to continue; and (2) it is likely AGENCY: Surface Transportation Board. Malta-CanÆ on City Line in Lake, that the assistance would fully ACTION: Notice of exemption. Chaffee, and Fremont Counties, CO compensate the railroad. SUMMARY: The Board, under 49 U.S.C. [Docket No. AB±12 (Sub-No. 188)] 2 ADDRESSES: Send offers referring to 10505, exempts from the prior approval Docket Nos. AB–8 (Sub-No. 39) and AB– requirements of 49 U.S.C. 10903–04 the Southern Pacific Transportation 12 (Sub-No. 188) to: (1) Surface discontinuance of operations by the CompanyÐAbandonmentÐ Malta- Transportation Board, Office of the Denver and Rio Grande Western CanÆ on City Line in Lake, Chaffee, and Secretary, Case Control Branch, 1201 Railroad Company and by the Southern Fremont Counties, CO Constitution Avenue, N.W., Pacific Transportation Company over a AGENCY: Surface Transportation Board. Washington, DC 20423; and (2) Gary A. 69.1-mile line of railroad between ACTION: Notice of findings. Laakso, Southern Pacific Building, One milepost 335.0 near Sage and milepost Market Plaza, Room 846, San Francisco, 270.0 near Malta, and between milepost SUMMARY: The Board has found that the CA 94105. The following notation must 271.0 near Malta and milepost 276.1 public convenience and necessity near Leadville, in Eagle and Lake permit the Southern Pacific be typed in bold face on the lower left- hand corner of the envelope containing Counties, CO, subject to standard labor Transportation Company and The protective conditions and continued the offer: ‘‘Office of Proceedings, AB- Denver and Rio Grande Western access for Viacom International, Inc. to OFA.’’ Railroad Company to discontinue the Eagle Mine site to facilitate ongoing operations on a line of railroad FOR FURTHER INFORMATION CONTACT: Julia remediation activities, as set forth in extending from milepost 271.0 near M. Farr, (202) 927–5352. [TDD for the Decision No. 44, served on August 12, Malta to milepost 162.0 near Can˘ on hearing impaired: (202) 927–5721]. 1996, in Finance Docket No. 32760. In City, a distance of 109 miles in Lake, Decision No. 44, the Board is granting Chaffee, and Fremont Counties, CO, SUPPLEMENTARY INFORMATION: the petition in Docket No. AB–12 (Sub- subject to standard employee protective Additional information is contained in No. 187X), in part (discontinuance conditions and environmental the Board’s Decision No. 44 in Finance authority is being granted) and denying conditions set forth in Decision No. 44, Docket No. 32760. To purchase a copy it in part (abandonment authority is served on August 12, 1996, in Finance of the full decision, write to, call, or being denied). No trail use or public use Docket No. 32760. Accordingly, the pick up in person from: DC News & conditions can be imposed because only application of the Southern Pacific Data, Inc., 1201 Constitution Avenue, authority for discontinuances is being Transportation Company to abandon N.W., Room 2229, Washington, DC granted. and discontinue service over this line is 20423. Telephone: (202) 289–4357/ DATES: Provided no formal expression of granted in part (discontinuance 4359. [Assistance for the hearing intent to file an offer of financial impaired is available through TDD 1 The ICC Termination Act of 1995, Pub. L. 104– 1 The ICC Termination Act of 1995, Pub. L. 104– 88, 109 Stat. 803 (the Act), which was enacted on services (202) 927–5721.] 88, 109 Stat. 803 (the Act), which was enacted on December 29, 1995, and took effect on January 1, Information and procedures regarding December 29, 1995, and took effect on January 1, 1996, abolished the Interstate Commerce 1996, abolished the Interstate Commerce Commission (ICC) and transferred certain functions financial assistance for continued rail Commission (ICC) and transferred certain functions and proceedings to the Surface Transportation service are contained in 49 U.S.C. 10905 and proceedings to the Surface Transportation Board (Board). Section 204(b)(1) of the act provides, and 49 CFR 1152.27. Board (Board). Section 204(b)(1) of the Act in general, that proceedings pending before the ICC provides, in general, that proceedings pending on the effective date of that legislation shall be Decided: August 6, 1996. before the ICC on the effective date of that decided under the law in effect prior to January 1, By the Board, Chairman Morgan, Vice legislation shall be decided under the law in effect 1996, insofar as they involve functions retained by Chairman Simmons, and Commissioner prior to January 1, 1996, insofar as they involve the Act. This notice relates to a proceeding that was functions retained by the Act. This notice relates to pending with the ICC prior to January 1, 1996, and Owen. a proceeding that was pending with the ICC prior to functions that are subject to Board jurisdiction Vernon A. Williams, to January 1, 1996, and to functions that are subject pursuant to 49 U.S.C. 10903. Therefore, this notice to Board jurisdiction pursuant to section 10903. applies the law in effect prior to the Act, and Secretary. Therefore, this notice applies the law in effect prior citations are to the former section of the statute, [FR Doc. 96–20468 Filed 8–9–96; 8:45 am] to the Act, and citations are to the former sections unless otherwise indicated. of the statute, unless otherwise indicated. BILLING CODE 4915±00±P 2 These proceedings are embraced in Finance 2 This exemption is related to Finance Docket No. Docket No. 32760, Union Pacific Corporation, 32760, Union Pacific Corporation, Union Pacific Union Pacific Railroad Company, and Missouri Railroad Company, and Missouri Pacific Railroad Pacific Railroad Company—Control and Merger— Company—Control and Merger—Southern Pacific Southern Pacific Rail Corporation, Southern Pacific Rail Corporation, Southern Pacific Transportation Transportation Company, St. Louis Southwestern Company, St. Louis Southwestern Railway Railway Company, SPCSL Corp., and The Denver Company, SPCSL Corp., and The Denver and Rio and Rio Grande Western Railroad Company. Grande Western Railroad Company. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41829 assistance has been received, this Surface Transportation Board 1 notation must be typed in bold face on exemption will be effective on [Docket No. AB±33 (Sub-No. 96)] 2 the lower left-hand corner of the September 11, 1996. Formal expressions envelope containing the offer: ‘‘Office of of intent to file an offer of financial Union Pacific Railroad CompanyÐ Proceedings, AB-OFA.’’ assistance under 49 CFR 1152.27(c)(2) 3 AbandonmentÐBarr-Girard Line in FOR FURTHER INFORMATION CONTACT: Julia must be filed by August 22, 1996; Menard, Sangamon and Macoupin M. Farr, (202) 927–5352. [TDD for the petitions to stay must be filed by August Counties, IL hearing impaired: (202) 927–5721]. 22, 1996; and petitions to reopen must AGENCY: Surface Transportation Board. SUPPLEMENTARY INFORMATION: be filed by September 3, 1996. ACTION: Notice of findings. Additional information is contained in the Board’s Decision No. 44 in Finance ADDRESSES: Send pleadings referring to SUMMARY: The Board has found that the Docket Nos. AB–8 (Sub-No. 36X) and Docket No. 32760. To purchase a copy public convenience and necessity of the full decision, write to, call, or AB–12 (Sub-No. 189X) to: (1) Surface permit the Union Pacific Railroad Transportation Board, Office of the pick up in person from: DC News & Company to abandon approximately Data, Inc., 1201 Constitution Avenue, Secretary, Case Control Branch, 1201 38.4 miles of rail line extending near N.W., Room 2229, Washington, DC Constitution Avenue, N.W., milepost 51.0 near Barr to milepost 89.4 20423. Telephone: (202) 289–4357/ Washington, DC 20423; and (2) Gary A. near Girard in Menard, Sangamon, and 4359. [Assistance for the hearing Laakso, General Attorney, Southern Macoupin Counties, IL, subject to impaired is available through TDD Pacific Building, One Market Plaza, standard employee protective services (202) 927–5721.] conditions, environmental and historic Room 846, San Francisco, CA 94105. Information and procedures regarding preservation conditions, a 180-day financial assistance for continued rail FOR FURTHER INFORMATION CONTACT: Julia public use condition, and a 180-day trail service are contained in 49 U.S.C. 10905 M. Farr, (202) 927–5352. [TDD for the use condition, all of which are set forth and 49 CFR 1152.27. hearing impaired: (202) 927–5721.] in Decision No. 44, served on August SUPPLEMENTARY INFORMATION: 12, 1996, in Finance Docket No. 32760. Decided: August 6, 1996. Additional information is contained in DATES: The Board’s decision will be By the Board, Chairman Morgan, Vice effective on September 11, 1996. Any Chairman Simmons, and Commissioner the Board’s Decision No. 44 in Finance Owen. Docket No. 32760. To purchase a copy financial assistance offer must be filed Vernon A. Williams, of the full decision, write to, call, or with the Board and the railroad no later Secretary. pick up in person from: DC News & than August 22, 1996. Any offer Data, Inc., 1201 Constitution Avenue, previously made must be remade by the [FR Doc. 96–20469 Filed 8–9–96; 8:45 am] N.W., Room 2229, Washington, DC due date. A certificate will be issued BILLING CODE 4915±00±P 20423. Telephone: (202) 289–4357/ unless the Board also finds that: (1) A 4359. [Assistance for the hearing financially responsible person has offered financial assistance (through Surface Transportation Board 1 impaired is available through TDD subsidy or purchase) to enable the rail services: (202) 927–5721.] service to continue; and (2) it is likely [Docket No. AB±33 (Sub-No. 98X)] 2 Decided: August 6, 1996. that the assistance would fully By the Board, Chairman Morgan, Vice compensate the railroad. Union Pacific Railroad CompanyÐ Chairman Simmons, and Commissioner ADDRESSES: Send offers referring to Abandonment ExemptionÐ Owen. Docket No. AB–33 (Sub-No. 96) to: (1) Edwardsville-Madison Line In Madison County, IL Vernon A. Williams, Surface Transportation Board, Office of Secretary. the Secretary, Case Control Branch, AGENCY: Surface Transportation Board. [FR Doc. 96–20474 Filed 8–9–96; 8:45 am] 1201 Constitution Avenue, N.W., ACTION: Notice of exemption. Washington, DC 20423; and (2) Robert BILLING CODE 4915±00±P T. Opal, 1416 Dodge Street, Room 830, SUMMARY: The Board, under 49 U.S.C. Omaha, NE 68179. The following 10505, exempts from the prior approval

1 The ICC Termination Act of 1995, Pub. L. 104– 1 The ICC Termination Act of 1995, Pub. L. 104– 88, 109 Stat. 803 (the Act), which was enacted on 88, 109 Stat. 803 (the Act), which was enacted on December 29, 1995, and took effect on January 1, December 29, 1995, and took effect on January 1, 1996, abolished the Interstate Commerce 1996, abolished the Interstate Commerce Commission (ICC) and transferred certain functions Commission (ICC) and transferred certain functions and proceedings to the Surface Transportation and proceedings to the Surface Transportation Board (Board). Section 204(b)(1) of the act provides, in general, that proceedings pending before the ICC Board (Board). Section 204(b)(1) of the Act on the effective date of that legislation shall be provides, in general, that proceedings pending decided under the law in effect prior to January 1, before the ICC on the effective date of that 1996, insofar as they involve functions retained by legislation shall be decided under the law in effect the Act. This notice relates to a proceeding that was prior to January 1, 1996, insofar as they involve pending with the ICC prior to January 1, 1996, and functions retained by the Act. This notice relates to to functions that are subject to Board jurisdiction a proceeding that was pending with the ICC prior pursuant to 49 U.S.C. 10903. Therefore, this notice to January 1, 1996, and to functions that are subject applies the law in effect prior to the Act, and to Board jurisdiction pursuant to section 10903. citations are to the former section of the statute, Therefore, this notice applies the law in effect prior unless otherwise indicated. to the Act, and citations are to the former sections 2 This proceeding is embraced in Finance Docket No. 32760, Union Pacific Corporation, Union of the statute, unless otherwise indicated. Pacific Railroad Company, and Missouri Pacific 2 This exemption is related to Finance Docket No. Railroad Company—Control and Merger—Southern 32760, Union Pacific Corporation, Union Pacific Pacific Rail Corporation, Southern Pacific Railroad Company, and Missouri Pacific Railroad Transportation Company, St. Louis Southwestern Company—Control and Merger—Southern Pacific 3 See Exempt. of Rail Abandonment—Offers of Railway Company, SPCSL Corp., and The Denver Rail Corporation, Southern Pacific Transportation Finan. Assist., 4 I.C.C. 2d 164 (1987). and Rio Grande Western Railroad Company. Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. 41830 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices requirements of 49 U.S.C. 10903–04 the Surface Transportation Board 1 1105.11 (transmittal letter), 49 CFR abandonment by Union Pacific Railroad 1105.12 (newspaper publication), and 2 Company of its 14.98-mile rail line from [Docket No. AB±33 (Sub-No. 99X)] 49 CFR 1152.50(d)(1) (notice to milepost 133.8 near Edwardsville to Union Pacific Railroad CompanyÐ governmental agencies) have been met. milepost 148.78 near Madison in Abandonment ExemptionÐLittle As a condition to this exemption, any Madison County, IL, subject to standard Mountain JunctionÐLittle Mountain employee adversely affected by the labor protective conditions, Line in Box Elder and Weber Counties, abandonment shall be protected under environmental conditions, a 180-day UT Oregon Short Line R. Co.— trail use condition, and a 180-day public Abandonment—Goshen, 360 I.C.C. 91 use condition, all of which are set forth Union Pacific Railroad Company (1979). To address whether this in Decision No. 44, served on August (UPRR) has filed a notice of exemption condition adequately protects affected 12, 1996, in Finance Docket No. 32760. under 49 CFR part 1152 Subpart F— employees, a petition for partial DATES: Provided no formal expression of Exempt Abandonments and revocation under 49 U.S.C. 10502(d) intent to file an offer of financial Discontinuances to abandon must be filed. The notice is subject to assistance has been received, this approximately 12.0 miles of the Little environmental conditions as set forth in exemption will be effective on Mountain Junction-Little Mountain line Appendix G in Decision No. 44, served September 11, 1996. Formal expressions (portion of the Little Mountain Branch) on August 12, 1996, in Finance Docket from milepost 0.0 near Little Mountain of intent to file an offer of financial No. 32760. Also in Decision No. 44, the 3 Junction to milepost 12.0 near Little assistance under 49 CFR 1152.27(c)(2) Board has imposed a 180-day trial use Mountain in Box Elder and Weber and additional requests for trail use/rail condition and a 180-day public use Counties, UT.3 banking under 49 CFR 1152.29 must be condition.4 filed by August 22, 1996; petitions to UPRR has certified that: (1) No local Provided no formal expression of stay must be filed by August 22, 1996; traffic has moved over the line for at intent to file an offer of financial and petitions to reopen must be filed by least 2 years; (2) overhead traffic will be assistance (OFA) has been received, this September 3, 1996. Because the Board is rerouted over other lines; (3) no formal exemption will be effective on imposing a 180-day public use complaint filed by a user of rail service September 11, 1996, unless stayed condition in this proceeding, it is on the line (or by a state or local pending reconsideration. Petitions to unnecessary to request this condition. government entity acting on behalf of stay, formal expressions of intent to file ADDRESSES: Send pleadings referring to such user) regarding cessation of service an OFA under 49 CFR 1152.27(c)(2),5 Docket No. AB–33 (Sub-No. 98X) to: (1) over the line either is pending with the and trail use/rail banking requests under Surface Transportation Board, Office of Board or with any U.S. District Court or 49 CFR 1152.29 6 must be filed by the Secretary, Case Control Branch, has been decided in favor of August 22, 1996. Petitions to reopen 1201 Constitution Avenue, N.W., complainant within the 2-year period; must be filed by September 3, 1996, Washington, DC 20423; and (2) Robert and (4) the requirements at 49 CFR with: Office of the Secretary, Case T. Opal 1416 Dodge Street, Room 830, 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR Control Branch, Surface Transportation Omaha, NE 68179–0830. Board, 1201 Constitution Avenue, N.W., FOR FURTHER INFORMATION CONTACT: Julia 1 The ICC Termination Act of 1995, Pub. L. 104– Washington, DC 20423. M. Farr, (202) 927–5352. [TDD for the 88, 109 Stat. 803 (the Act), which was enacted on hearing impaired: (202) 927–5721.] December 29, 1995, and took effect on January 1, A copy of any petition filed with the 1996, abolished the Interstate Commerce Board should be sent to applicant’s SUPPLEMENTARY INFORMATION: Commission (ICC) and transferred certain functions representative: Robert T. Opal, General Additional information is contained in to the Surface Transportation Board (Board). Attorney, 1416 Dodge Street, Room 830, the Board’s Decision No. 44 in Finance Section 204(b)(1) of the Act provides, in general, Omaha, NE 68179. Docket No. 32760. To purchase a copy that proceedings pending before the ICC on the effective date of that legislation shall be decided If the verified notice contains false or of the full decision, write to, call, or under the law in effect prior to January 1, 1996, pick up in person from: DC News & insofar as they involve functions retained by the misleading information, the exemption Data, Inc., 1201 Constitution Avenue, Act. This notice relates to a proceeding that was is void ab initio. pending with the ICC prior to January 1, 1996, and N.W., Room 2229, Washington, DC Decided: August 6, 1996. 20423. Telephone: (202) 289–4357/ to functions that are subject to the Board’s jurisdiction pursuant to 49 U.S.C. 10903. Therefore, By the Board, Chairman Morgan, Vice 4359. [Assistance for the hearing this notice applies the law in effect prior to the Act, Chairman Simmons, and Commissioner impaired is available through TDD except that petitions to revoke would be filed under Owen. the new law at 49 U.S.C. 10502(d). services (202) 927–5721.] Vernon A. Williams, 2 This exemption is related to Finance Docket No. Decided: August 6, 1996. 32760, Union Pacific Corporation, Union Pacific Secretary. By the Board, Chairman Morgan, Vice Railroad Company, and Missouri Pacific Railroad [FR Doc. 96–20476 Filed 8–9–96; 8:45 am] Company—Control and Merger—Southern Pacific Chairman Simmons, and Commissioner BILLING CODE 4915±00±P Owen. Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Vernon A. Williams, Company, SPCSL Corp., and The Denver and Rio 4 Accordingly, it is unnecessary to request a Secretary. Grande Western Railroad Company. public use condition. [FR Doc. 96–20475 Filed 8–9–96; 8:45 am] 3 UP states that the abandonment does not 5 See Exempt. of Rail Abandonment—Offers of include active industries at Little Mountain Finan. Assist., 4 I.C.C.2d 164 (1987). BILLING CODE 4915±00±P Junction or Little Mountain, UT. UPRR also states 6 The Board will accept late-filed trail use that it intends to consummate the abandonment on requests so long as the abandonment has not been 3 See Exempt. of Rail Abandonment—Offers of or after the effective date of the Board’s approval consummated and the abandoning railroad is Finan. Assist., 4 I.C.C.2d 164 (1987). in Finance Docket No. 32760. willing to negotiate an agreement. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41831

Surface Transportation Board 1 (1979). To address whether this approximately 14.6 miles of the De condition adequately protects affected Camp-Edwardsville line (portion of the [Docket No. AB±33 (Sub-No. 94X)] 2 employees, a petition for partial Madison Subdivision) 3 from milepost Union Pacific Railroad CompanyÐ revocation under 49 U.S.C. 10502(d) 119.2 near De Camp to milepost 133.8 Abandonment ExemptionÐMagnolia must be filed. The notice is subject to near Edwardsville, in Madison County, 4 Tower-Melrose Line in Alameda environmental and historic preservation IL. County, CA conditions as set forth in Appendix G in UPRR has certified that: (1) No local Decision No. 44, served on August 12, traffic has moved over the line for at Union Pacific Railroad Company 1996, in Finance Docket No. 32760. least 2 years; (2) overhead traffic will be (UPRR) has filed a notice of exemption Also in Decision No. 44, the Board has rerouted over other lines; (3) no formal under 49 CFR part 1152 Subpart F— imposed a 180-day public use complaint filed by a user of rail service Exempt Abandonments and condition.4 Trail use/rail banking on the line (or by a state or local Discontinuances to abandon conditions will be imposed, where government entity acting on behalf of approximately 4.9 miles of the Magnolia appropriate, in a subsequent decision. such user) regarding cessation of service Tower-Melrose line (portion of the Provided no formal expression of over the line either is pending with the Canyon Subdivision) from milepost 5.8 intent to file an offer of financial Board or with any U.S. District Court or near Magnolia Tower to milepost 10.7 assistance (OFA) has been received, this has been decided in favor of near Melrose, in Alameda County, CA.3 exemption will be effective on complainant within the 2-year period; UPRR has certified that: (1) No local September 11, 1996, unless stayed and (4) the requirements at 49 CFR traffic has moved over the line for at pending reconsideration. Petitions to 1105.7 (environmental reports), 49 CFR least 2 years; (2) overhead traffic will be stay, formal expressions of intent to file 1105.8 (historic reports), 49 CFR rerouted over other lines; (3) no formal an OFA under 49 CFR 1152.27(c)(2),5 1105.11 (transmittal letter), 49 CFR complaint filed by a user of rail service and trail use/rail banking requests under 1105.12 (newspaper publication), and on the line (or by a state or local 49 CFR 1152.29 6 must be filed by 49 CFR 1152.50(d)(1) (notice to government entity acting on behalf of August 22, 1996. Petitions to reopen governmental agencies) have been met. such user) regarding cessation of service must be filed by September 3, 1996, As a condition to this exemption, any over the line either is pending with the with: Office of the Secretary, Case employee adversely affected by the Board or with any U.S. District Court or Control Branch, Surface Transportation abandonment shall be protected under has been decided in favor of Board, 1201 Constitution Avenue, N.W., Oregon Short Line R. Co.— complainant within the 2-year period; Washington, DC 20423. Abandonment—Goshen, 360 I.C.C. 91 and (4) the requirements at 49 CFR A copy of any petition filed with the (1979). To address whether this 1105.7 (environmental reports), 49 CFR Board should be sent to applicant’s 1105.8 (historic reports), 49 CFR representative: Robert T. Opal, General 1 The ICC Termination Act of 1995, Pub. L. 104– 1105.11 (transmittal letter), 49 CFR Attorney, 1416 Dodge Street, Room 830, 88, 109 Stat. 803 (the Act), which was enacted on 1105.12 (newspaper publication), and Omaha, NE 68179. December 29, 1995, and took effect on January 1, 49 CFR 1152.50(d)(1) (notice to If the verified notice contains false or 1996, abolished the Interstate Commerce Commission (ICC) and transferred certain functions governmental agencies) have been met. misleading information, the exemption to the Surface Transportation Board (Board). As a condition to this exemption, any is void ab initio. Section 204(b)(1) of the Act provides, in general, that proceedings pending before the ICC on the employee adversely affected by the Decided: August 6, 1996. abandonment shall be protected under effective date of that legislation shall be decided By the Board, Chairman Morgan, Vice under the law in effect prior to January 1, 1996, Oregon Short Line R. Co.— Chairman Simmons, and Commissioner insofar as they involve functions retained by the Abandonment—Goshen, 360 I.C.C. 91 Owen. Act. This notice relates to a proceeding that was Vernon A. Williams, pending with the ICC prior to January 1, 1996, and 1 The ICC Termination Act of 1995, Pub. L. 104– to functions that are subject to the Board’s 88, 109 Stat. 803 (the Act) which was enacted on Secretary. jurisdiction pursuant to 49 U.S.C. 10903. Therefore, December 29, 1995, and took effect on January 1, [FR Doc. 96–20477 Filed 8–9–96; 8:45 am] this notice applies the law in effect prior to the Act, except that petitions to revoke would be filed under 1996, abolished the Interstate Commerce BILLING CODE 4915±00±P Commission (ICC) and transferred certain functions the new law at 49 U.S.C. 10502(d). to the Surface Transportation Board (Board). 2 This exemption is related to Finance Docket No. Section 204(b)(1) of the Act provides, in general, 32760, Union Pacific Corporation, Union Pacific that proceedings pending before the ICC on the Surface Transportation Board 1 Railroad Company, and Missouri Pacific Railroad effective date of that legislation shall be decided Company—Control and Merger—Southern Pacific 2 under the law in effect prior to January 1, 1996, [Docket No. AB±33 (Sub-No. 97X)] Rail Corporation, Southern Pacific Transportation insofar as they involve functions retained by the Company, St. Louis Southwestern Railway Act. This notice relates to a proceeding that was Union Pacific Railroad CompanyÐ Company, SPCSL Corp., and The Denver and Rio pending with the ICC prior to January 1, 1996, and Abandonment ExemptionÐin DeCamp- Grande Western Railroad Company. to functions that are subject to the Board’s Edwardsville Line in Madison County, 3 This line was formerly part of the St. Louis jurisdiction pursuant to 49 U.S.C. 10903. Therefore, Subdivision of the Chicago and NorthWestern this notice applies the law in effect prior to the Act, IL Railway Company (CNW). See Union Pacific except that petitions to revoke would be filed under Union Pacific Railroad Company Corporation, Union Pacific Railroad Company and the new law at 49 U.S.C. 10502(d). Missouri Pacific Railroad Company—Control— 2 This exemption is related to Finance Docket No. (UPRR) has filed a notice of exemption Chicago and North Western Holdings Corp. and 32760, Union Pacific Corporation, Union Pacific under 49 CFR part 1152 Subpart F— Chicago and North Western Transportation Railroad Company, and Missouri Pacific Railroad Exempt Abandonments and Company, Finance Docket No. 32133 (ICC served Company—Control and Merger—Southern Pacific Discontinuances to abandon Oct. 1, 1995). Rail Corporation, Southern Pacific Transportation 4 UPRR states that the abandonment does not Company, St. Louis Southwestern Railway include active industries at De Camp or Company, SPCSL Corp., and The Denver and Rio 4 Accordingly, it is unnecessary to request a Edwardsville. The Edwardsville industries are Grande Western Railroad Company. public use condition. included in the abandonment petition filed 3 UPRR states that the abandonment does not 5 See Exempt. of Rail Abandonment—Offers of simultaneously in Docket No. AB–33 (Sub-No. include active industries at Magnolia Tower or Finan. Assist., 4 I.C.C.2d 164 (1987). 98X), Union Pacific Railroad Company— Melrose, CA. UPRR also states that it intends to 6 The Board will accept late-filed trail use Abandonment Exemption—in Madison County, IL. consummate the abandonment on or after the requests so long as the abandonment has not been UPRR also states that it intends to consummate the effective date of the Board’s approval in Finance consummated and the abandoning railroad is abandonment on or after the effective date of the Docket No. 32760. willing to negotiate an agreement. Board’s approval in Finance Docket No. 32760. 41832 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices condition adequately protects affected Surface Transportation Board 1 Abandonment—Goshen, 360 I.C.C. 91 employees, a petition for partial (1979). To address whether this [Docket No. AB±33 (Sub-No. 93X)] 2 revocation under 49 U.S.C. 10502(d) condition adequately protects affected must be filed. The notice is subject to Union Pacific Railroad CompanyÐ employees, a petition for partial environmental and historic preservation Abandonment ExemptionÐWhittier revocation under 49 U.S.C. 10502(d) conditions as set forth in Appendix G in Junction-Colima Junction Line in Los must be filed. The Board is also Decision No. 44, served on August 12, Angeles County, CA imposing environmental conditions as 1996, in Finance Docket No. 32760. set forth in Appendix G in Decision No. Union Pacific Railroad Company Also, in Decision No. 44, the Board has 44, served on August 12, 1996, in (UPRR) has filed a notice of exemption Finance Docket No. 32760. imposed a 180-day public use under 49 CFR part 1152 Subpart F— 5 Provided no formal expression of condition and a 180-day trail use Exempt Abandonments and intent to file an offer of financial condition. Discontinuances to abandon assistance (OFA) has been received, this Provided no formal expression of approximately 5.18 miles of the Whittier exemption will be effective on intent to file an offer of financial Junction-Colima Junction line (portion September 11, 1996, unless stayed assistance (OFA) has been received, this of the Anaheim Branch) from milepost pending reconsideration. Petitions to exemption will be effective on 0.0 near Whittier Junction to milepost stay, formal expressions of intent to file September 11, 1996, unless stayed 5.18 near Colima Junction, in Los an OFA under 49 CFR 1152.27(c)(2),4 pending reconsideration. Petitions to Angeles County, CA.3 and trail use/rail banking requests under stay, formal expressions of intent to file UPRR has certified that: (1) No local 49 CFR 1152.29 5 must be filed by an OFA under 49 CFR 1152.27(c)(2),6 traffic has moved over the line for at August 22, 1996. Petitions to reopen least 2 years; (2) overhead traffic will be and trail use/rail banking requests under must be filed by September 3, 1996, rerouted over other lines; (3) no formal 49 CFR 1152.29 7 must be filed by with: Office of the Secretary, Case complaint filed by a user of rail service August 22, 1996. Petitions to reopen Control Branch, Surface Transportation on the line (or by a state or local Board, 1201 Constitution Avenue, NW., must be filed by September 3, 1996, government entity acting on behalf of with: Office of the Secretary, Case Washington, DC 20423. such user) regarding cessation of service A copy of any petition filed with the Control Branch, Surface Transportation over the line either is pending with the Board should be sent to applicant’s Board, 1201 Constitution Avenue, N.W., Board or with any U.S. District Court or representative: Robert T. Opal, General Washington, DC 20423. has been decided in favor of Attorney, 1416 Dodge Street, Room 830, A copy of any petition filed with the complainant within the 2-year period; Omaha, NE 68179. Board should be sent to applicant’s and (4) the requirements at 49 CFR If the verified notice contains false or representative: Robert T. Opal, General 1105.7 (environmental reports), 49 CFR misleading information, the exemption Attorney, 1416 Dodge Street, Room 830, 1105.8 (historic reports), 49 CFR is void ab initio. Omaha, NE 68179. 1105.11 (transmittal letter), 49 CFR Public use or trail use/rail banking 1105.12 (newspaper publication), and conditions will be imposed, where If the verified notice contains false or 49 CFR 1152.50(d)(1) (notice to appropriate, in a subsequent decision. misleading information, the exemption governmental agencies) have been met. Decided: August 6, 1996. is void ab initio. As a condition to this exemption, any employee adversely affected by the By the Board, Chairman Morgan, Vice Decided: August 6, 1996. Chairman Simmons, and Commissioner abandonment shall be protected under By the Board, Chairman Morgan, Vice Owen. Oregon Short Line R. Co.— Chairman Simmons, and Commissioner Vernon A. Williams, Owen. Secretary. 1 The ICC Termination Act of 1995, Pub. L. 104– Vernon A. Williams, 88, 109 Stat. 803 (the Act), which was enacted on [FR Doc. 96–20481 Filed 8–9–96; 8:45 am] Secretary. December 29, 1995, and took effect on January 1, BILLING CODE 4915±00±P 1996, abolished the Interstate Commerce [FR Doc. 96–20480 Filed 8–9–96; 8:45 am] Commission (ICC) and transferred certain functions BILLING CODE 4915±00±P to the Surface Transportation Board (Board). Section 204(b)(1) of the Act provides, in general, DEPARTMENT OF THE TREASURY that proceedings pending before the ICC on the effective date of that legislation shall be decided Proposed Collection; Comment under the law in effect prior to January 1, 1996, insofar as they involve functions retained by the Request Act. This notice relates to a proceeding that was AGENCY: pending with the ICC prior to January 1, 1996, and Financial Crimes Enforcement to functions that are subject to the Board’s Network, Treasury. jurisdiction pursuant to 49 U.S.C. 10903. Therefore, ACTION: Notice. this notice applies the law in effect prior to the Act, except that petitions to revoke would be filed under SUMMARY: In order to comply with the the new law at 49 U.S.C. 10502(d). requirements of the Paperwork 2 This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Reduction Act of 1995 concerning Railroad Company, and Missouri Pacific Railroad proposed extensions of information Company—Control and Merger—Southern Pacific collection requirements, the Financial Rail Corporation, Southern Pacific Transportation Crimes Enforcement Network 5 Accordingly, it is unnecessary to request a Company, St. Louis Southwestern Railway (‘‘FinCEN’’) is soliciting comments on public use condition. Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. 6 See Exempt. of Rail Abandonment—Offers of 3 UPRR states that the abandonment does not 4 See Exempt. of Rail Abandonment—Offers of Finan. Assist., 4 I.C.C. 2d 164 (1987). include active industries at Whittier Junction or Finan. Assist., 4 I.C.C.2d 164 (1987). 7 The Board will accept late-filed trail use Colima Junction, CA. UPRR also states that it 5 The Board will accept late-filed trail use requests so long as the abandonment has not been intends to consummate the abandonment on or after requests so long as the abandonment has not been consummated and the abandoning railroad is the effective date of the Board’s approval in Finance consummated and the abandoning railroad is willing to negotiate an agreement. Docket No. 32760. willing to negotiate an agreement. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41833 the information collected on currency is of use in investigations involving proposed collection of information; (c) transactions involving financial international and domestic money ways to enhance the quality, utility, and institutions under the Bank Secrecy Act laundering, tax evasion, fraud, and other clarity of the information to be regulations on Internal Revenue Service financial crimes. collected; and (d) ways to minimize the Form 4789, Currency Transaction This notice does not propose any burden of the collection of information Report (‘‘CTR’’). change to the current text of the on respondents, including through the DATES: Submit written comments by Currency Transaction Report or to its use of automated collection techniques October 11, 1996. instructions. However, FinCEN intends or other forms of information ADDRESSES: Direct all written comments to replace the current OMB Control technology. to the Financial Crimes Enforcement Number for this collection requirement In addition, the Paperwork Reduction Network, Office of Regulatory Policy (1545–0183) with a new OMB Control Act of 1995 requires agencies to and Enforcement, Attn.: CTR Number, 1506–0004. FinCEN believes estimate the total annual cost burden to Comments, Suite 200, 2070 Chain that by centralizing responsibility for respondents or recordkeepers resulting Bridge Road, Vienna, VA 22182–2536. Bank Secrecy Act information collection from the collection of information. FOR FURTHER INFORMATION CONTACT: requirements, it will be easier to Thus, FinCEN also specifically requests Requests for additional information or maintain oversight over the collection comments to assist with this estimate. In for a copy of the form should be requirement. Accordingly, this this connection, FinCEN requests directed to Charles D. Klingman, Office collection requirement notice is in the commenters to identify any additional of Financial Institutions Policy, at (703) form of an extension, and if approved, costs associated with the completion of 905–3920; Cynthia A. Langwiser, the existing OMB Control Number the form. These comments on costs Attorney-Advisor, Office of Legal 1545–0183 for this collection should be divided into two parts: (1) Counsel, at (703) 905–3590. A copy of requirement will be withdrawn, so as to any additional costs associated with the CTR form, as well as all other forms avoid duplication. reporting; and (2) any additional costs required by the Bank Secrecy Act, can In accordance with requirements of associated with recordkeeping. be obtained through the Internet at the Paperwork Reduction Act of 1995, Responses to this notice will be http://www.irs.ustreas.gov/prod/ 44 U.S.C. 3506(c)(2)(A), and its summarized and included in the request formslpubs/forms.html. implementing regulations, 5 CFR 1320, for Office of Management and Budget SUPPLEMENTARY INFORMATION: The Bank the following information concerning approval. All comments will become a Secrecy Act, Titles I and II of Pub. L. the collection of information on Form matter of public record. 91–508, as amended, codified at 12 4789 is presented to assist those persons wishing to comment on the information Dated: August 6, 1966. U.S.C. 1829b, 12 U.S.C. 1951–1959, and Stanley E. Morris, 31 U.S.C. 5311–5314, 5316–5330, collection. (The number of respondents authorizes the Secretary of the Treasury, has significantly varied each year; the Director. Financial Crimes Enforcement Network. inter alia, to issue regulations requiring estimates below are based on an records and reports that are determined average.) [FR Doc. 96–20495 Filed 8–9–96; 8:45 am] to have a high degree of usefulness in Title: Currency Transaction Report BILLING CODE 4820±03±P criminal, tax, and regulatory matters. Form Number: IRS Form 4789 OMB Number: 1506–0004. Regulations implementing Title II of the Description of Respondents: All Proposed Collection; Comment Bank Secrecy Act (codified at 31 U.S.C. United States financial institutions, Request 5311–5314, 5316–5330) appear at 31 other than casinos. CFR Part 103. The authority of the Estimated Number of Respondents: AGENCY: Financial Crimes Enforcement Secretary to administer the Bank 10,000,000. Network, Treasury. Secrecy Act regulations has been Frequency: As required. ACTION: Notice. delegated to the Director of FinCEN. Estimate of Burden: Reporting average The Bank Secrecy Act specifically of 19 minutes per response; SUMMARY: In order to comply with the provides the Secretary the authority to recordkeeping average of 5 minutes per requirements of the Paperwork issue regulations that require a report response. Reduction Act of 1995 concerning when ‘‘a domestic financial institution Estimate of Total Annual Burden on proposed extensions of information is involved in a transaction for the Respondents: Reporting burden estimate collection requirements, the Financial payment, receipt, or transfer of United = 3,166,667 hours; recordkeeping Crimes Enforcement Network States coins or currency (or other burden estimate = 833,333 hours. (‘‘FinCEN’’) is soliciting public monetary instruments the Secretary of Estimated combined total of 4,000,000 comments on the information collected the Treasury prescribes), in an amount, hours. on currency and monetary instrument denomination, or amount and Estimate of Total Annual Cost to transportation involving individuals denomination, or under circumstances Respondents for Hour Burdens: Based under the Bank Secrecy Act regulations the Secretary prescribes . . . .’’ 31 U.S.C. on $20 per hour, the total cost to the on U.S. Customs Service Form 4790, 5313(a). The authority of 31 U.S.C. public is estimated to be $80,000,000. Report of International Transportation 5313(a) has been implemented through Estimate of Total Other Annual Costs of Currency or Monetary Instruments regulations promulgated at 31 CFR to Respondents: None. (‘‘CMIR’’). 103.22 and through the instructions to Type of Request: Extension. the Currency Transaction Report, FinCEN specifically invites comments DATES: Submit written comments by Internal Revenue Service Form 4789. on the following subjects: (a) Whether October 11, 1996. Information collected on the CTR is the proposed collection of information ADDRESSES: Direct all written comments made available, in accordance with is necessary for the proper performance to the Financial Crimes Enforcement strict safeguards, to appropriate criminal of the mission of FinCEN, including Network, Office of Regulatory Policy law enforcement and regulatory whether the information shall have and Enforcement, Attn.: CMIR personnel in the official performance of practical utility; (b) the accuracy of Comments, Suite 200, 2070 Chain their duties. The information contained FinCEN’s estimate of the burden of the Bridge Road, Vienna, VA 22182–2536. 41834 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

FOR FURTHER INFORMATION CONTACT: its instructions. However, FinCEN on respondents, including through the Requests for additional information or intends to replace the current OMB use of automated collection techniques for a copy of the form should be Control Number for this collection or other forms of information directed to Charles D. Klingman, Office requirement (1515–0079) with a new technology. of Financial Institutions Policy, at (703) OMB Control Number, 1506–0005. In addition, the Paperwork Reduction 905–3920; or Cynthia A. Langwiser, FinCEN believes that by centralizing Act of 1995 requires agencies to Attorney-Advisor, Office of Legal responsibility for Bank Secrecy Act estimate the total annual cost burden to Counsel, at (703) 905–3590. A copy of information collection requirements, it respondents or recordkeepers resulting the CMIR form, as well as all other will be easier to maintain oversight over from the collection of information. forms required by the Bank Secrecy Act, the collection requirement. Accordingly, Thus, FinCEN also specifically requests can be obtained through the Internet at this collection requirement notice is in comments to assist with this estimate. In http://www.irs.ustreas.gov/prod/ the form of an extension, and if this connection, FinCEN requests formslpubs/forms.html. approved, the existing OMB Control commenters to identify any additional SUPPLEMENTARY INFORMATION: The Bank Number 1515–0079 for this collection costs associated with the completion of Secrecy Act, Titles I and II of Pub. L. requirement will be withdrawn, so as to the form. These comments on costs 91–508, as amended, codified at 12 avoid duplication. should be divided into two parts: (1) U.S.C. 1829b, 12 U.S.C. 1951–1959, and In accordance with requirements of Any additional costs associated with 31 U.S.C. 5311–5314, 5316–5330, the Paperwork Reduction Act of 1995, reporting; and (2) any additional costs authorizes the Secretary of the Treasury, 44 U.S.C. 3506(c)(2)(A), and its associated with recordkeeping. inter alia, to issue regulations requiring implementing regulations, 5 CFR 1320, Responses to this notice will be records and reports that are determined the following information concerning summarized and included in FinCEN’s to have a high degree of usefulness in the collection of information on U.S. request for Office of Management and criminal, tax, and regulatory matters. Customs Service Form 4790 is presented Budget approval. All comments will Regulations implementing Title II of the to assist those persons wishing to become a matter of public record. Bank Secrecy Act (codified at 31 U.S.C. comment on the information collection. Dated: August 6, 1996. 5311–5314, 5316–5330) appear at 31 (The number of respondents has Stanley E. Morris, significantly varied each year; the CFR Part 103. The authority of the Director, Financial Crimes Enforcement Secretary to administer the Bank estimates below are based on an Network. Secrecy Act regulations has been average.) Title: Report of International [FR Doc. 96–20496 Filed 8–9–96; 8:45 am] delegated to the Director of FinCEN. BILLING CODE 4820±03±P The Bank Secrecy Act specifically Transportation of Currency or Monetary states that ‘‘a person or an agent or Instruments. Form Number: U.S. Customs Service bailee of the person shall file a report Proposed Collection; Comment ** * when the person, agent, or bailee Form 4790. OMB Number: 1506–0005. Request knowingly—(1) Transports, is about to Description of Respondents: All transport, or has transported, monetary AGENCY: Financial Crimes Enforcement persons. Network, Treasury. instruments of more than $10,000 at one Estimated Number of Respondents: ACTION: Notice. time—(A) from a place in the United 200,000. States to or through a place outside the Frequency: As required. SUMMARY: In order to comply with the United States; or (B) to a place in the Estimate of Burden: Reporting average requirements of the Paperwork United States from or through a place of 13 minutes per response; Reduction Act of 1995 concerning outside the United States; or (2) receives recordkeeping average of 2 minutes per proposed extensions of information monetary instruments of more than response. collection requirements, the Financial $10,000 at one time transported into the Estimate of Total Annual Burden on Crimes Enforcement Network United States from or through a place Respondents: Reporting burden estimate (‘‘FinCEN’’) is soliciting comments on outside the United States.’’ 31 U.S.C. = 43,333 hours; recordkeeping burden the information collected on currency 5316(a). The requirement of 31 U.S.C. estimate = 6,667 hours. Estimated transactions involving casinos under the 5316(a) has been implemented through combined total of 50,000 hours. Bank Secrecy Act regulations on regulations promulgated at 31 CFR Estimate of Total Annual Cost to Internal Revenue Service Form 8362, 103.23 and through the instructions to Respondents for Hour Burdens: Based Currency Transaction Report by Casinos the Report of International on $20 per hour, the total cost to the (‘‘CTR–C’’). Transportation of Currency or Monetary public is estimated to be $1,000,000. DATES: Instruments, U.S. Customs Service Form Estimate of Total Other Annual Costs Submit written comments by 4790. to Respondents: None. October 11, 1996. Information collected on the CMIR is Type of Review: Extension. ADDRESSES: Direct all written comments made available, in accordance with FinCEN specifically invites comments to the Financial Crimes Enforcement strict safeguards, to appropriate criminal on the following subjects: (a) Whether Network, Office of Regulatory Policy law enforcement and regulatory the proposed collection of information and Enforcement, Attn.: CTR–C personnel in the official performance of is necessary for the proper performance Comments, Suite 200, 2070 Chain their duties. The information contained of the mission of FinCEN, including Bridge Road, Vienna, VA 22182–2536. is of use in investigations involving whether the information shall have FOR FURTHER INFORMATION CONTACT: international and domestic money practical utility; (b) the accuracy of Requests for additional information or laundering, tax evasion, fraud, and other FinCEN’s estimate of the burden of the for a copy of the form should be financial crimes. proposed collection of information; (c) directed to Leonard Senia, Office of This notice does not propose any ways to enhance the quality, utility, and Financial Institutions Policy, at (703) change to the current text of the Report clarity of the information to be 905–3931; Charles D. Klingman, Office of International Transportation of collected; and (d) ways to minimize the of Financial Institutions Policy, at (703) Currency or Monetary Instruments or to burden of the collection of information 905–3920; or Cynthia A. Langwiser, Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41835

Attorney-Advisor, Office of Legal their duties. The information contained estimate = 10,417 hours. Estimated Counsel, at (703) 905–3590. A copy of is of use in investigations involving combined total of 50,000 hours. the CTR–C form, as well as all other international and domestic money Estimate of Total Annual Cost to forms required by the Bank Secrecy Act, laundering, tax evasion, fraud, and other Respondents for Hour Burdens: Based can be obtained through the Internet at financial crimes. on $20 per hour, the total cost to the http://www.irs.ustreas.gov/prod/ This notice does not propose any public is estimated to be $1,000,000. formslpubs/forms.html. change to the current text of the Estimate of Total Other Annual Costs SUPPLEMENTARY INFORMATION: The Bank Currency Transaction Report by Casinos to Respondents: None. Secrecy Act, Titles I and II of Pub. L. or to its instructions. However, FinCEN Type of Request: Extension. 91–508, as amended, codified at 12 intends to replace the current OMB FinCEN specifically invites comments U.S.C. 1829b, 12 U.S.C. 1951–1959, and Control Number for this collection on the following subjects: (a) Whether 31 U.S.C. 5311–5314, 5316–5330, requirement (1545–0906) with a new the proposed collection of information authorizes the Secretary of the Treasury, OMB Control Number, 1506–0003. is necessary for the proper performance inter alia, to issue regulations requiring FinCEN believes that by centralizing of the mission of FinCEN, including records and reports that are determined responsibility for Bank Secrecy Act whether the information shall have to have a high degree of usefulness in information collection requirements, it practical utility; (b) the accuracy of criminal, tax, and regulatory matters. will be easier to maintain oversight over FinCEN’s estimate of the burden of the Regulations implementing Title II of the the collection requirement. Accordingly, proposed collection of information; (c) Bank Secrecy Act (codified at 31 U.S.C. this collection requirement notice is in ways to enhance the quality, utility, and 5311–5314, 5316–5330) appear at 31 the form of an extension, and if clarity of the information to be CFR Part 103. The authority of the approved, the existing OMB Control collected; and (d) ways to minimize the Secretary to administer the Bank Number 1545–0906 for this collection burden of the collection of information Secrecy Act regulations has been requirement will be withdrawn, so as to on respondents, including through the delegated to the Director of FinCEN. avoid duplication. use of automated collection techniques The Bank Secrecy Act specifically In accordance with requirements of or other forms of information provides the Secretary the authority to the Paperwork Reduction Act of 1995, technology. issue regulations that require a report 44 U.S.C. 3506(c)(2)(A), and its In addition, the Paperwork Reduction when ‘‘a domestic financial institution implementing regulations, 5 CFR 1320, Act of 1995 requires agencies to is involved in a transaction for the the following information concerning estimate the total annual cost burden to payment, receipt, or transfer of United the collection of information on Form respondents or recordkeepers resulting States coins or currency (or other 8362 is presented to assist those persons from the collection of information. monetary instruments the Secretary of wishing to comment on the information Thus, FinCEN also specifically requests the Treasury prescribes), in an amount, collection. (The number of respondents comments to assist with this estimate. In denomination, or amount and has significantly varied each year; the this connection, FinCEN requests denomination, or under circumstances estimates below are based on an commenters to identify any additional the Secretary prescribes * * *.’’ 31 average.) costs associated with the completion of U.S.C. 5313(a). The Bank Secrecy Act Title: Currency Transaction Report by the form. These comments on costs also provides the Secretary with the Casinos. should be divided into two parts: (1) explicit authority to define casinos as any additional costs associated with financial institutions. 31 U.S.C. Form Number: IRS Form 8362. OMB Number: 1506–0003. reporting; and (2) any additional costs 5312(a)(2)(X). See 31 CFR associated with recordkeeping. 103.11(n)(7)(i). The authority of 31 Description of Respondents: All United States casinos. Responses to this notice will be U.S.C. 5313(a) has been implemented summarized and included in the request through regulations promulgated at 31 Estimated Number of Respondents: 125,000. for Office of Management and Budget CFR 103.22 and through the instructions approval. All comments will become a Frequency: As required. to the Currency Transaction Report by matter of public record. Casinos, Internal Revenue Service Form Estimate of Burden: Reporting average 8362. of 19 minutes per response; Dated: August 6, 1996. Information collected on the CTR–C is recordkeeping average of 5 minutes per Stanley E. Morris, made available, in accordance with response. Director, Financial Crimes Enforcement strict safeguards, to appropriate criminal Estimate of Total Annual Burden on Network. law enforcement and regulatory Respondents: Reporting burden estimate [FR Doc. 96–20497 Filed 8–9–96; 8:45 am] personnel in the official performance of = 39,583 hours; recordkeeping burden BILLING CODE 4820±03±P 41836

Corrections Federal Register Vol. 61, No. 156

Monday, August 12, 1996

This section of the FEDERAL REGISTER contains editorial corrections of previously published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are prepared by the Office of the Federal Register. Agency prepared corrections are issued as signed documents and appear in the appropriate document categories elsewhere in the issue.

DEPARTMENT OF JUSTICE Drug Enforcement Agency 21 CFR Parts 1309, 1310 and 1313 [DEA-138F] RIN 1117-AA32

Removal of Exemption for Certain Pseudoephedrine Products Marketed Under the Federal Food, Drug, and Cosmetic Act (FD&C Act) Correction In rule document 96–19846 beginning on page 40981 in the issue of Wednesday, August 7, 1996 make the following correction: §1309.02 [Corrected] On page 40989, in the 2d column, in §1309.02, under instruction 2, in the 2nd line ‘‘paragraph (g)’’ should read ‘‘paragraph (f)’’.

BILLING CODE 1505±01±D federal register August 12,1996 Monday Final Rule and SubmittalofImplementationPlans; Requirements forPreparation,Adoption, 40 CFRParts51and52 Protection Agency Environmental Part II 41837 41838 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION Modeling Group, U.S. Environmental Final Action AGENCY Protection Agency (MD–14), Research Today’s action republishes appendix Triangle Park, NC 27711. W to 40 CFR part 51 and, in large part, 40 CFR Parts 51 and 52 FOR FURTHER INFORMATION CONTACT: is pursuant to an agreement between [AH±FRL±5531±6] Joseph A. Tikvart, Leader, Air Quality EPA and the Office of the Federal Modeling Group (MD–14), Office of Air Register (OFR) to reorganize appendix RIN 2060±AS01 Quality Planning and Standards, U.S. W to conform with normal CFR format Environmental Protection Agency, Requirements for Preparation, imposed by OFR. This reorganization Research Triangle Park, NC 27711; mainly involves the systematic Adoption, and Submittal of telephone (919) 541–5561 or C. Thomas Implementation Plans identification of paragraphs, in this case Coulter, telephone (919) 541–0832. using sequential letters of the alphabet. AGENCY : Environmental Protection SUPPLEMENTARY INFORMATION: As a practical matter, such a format Agency (EPA). should facilitate the process by which 1 ACTION: Direct final rule. Background future revisions of appendix W are The purpose of the Guideline is to made, in which reference to specific SUMMARY: Though codified as appendix promote consistency in the use of paragraphs can be more easily made. W in July 1993, the Guideline on Air modeling within the air management Because the appendices (A, B, and C) do Quality Models (‘‘Guideline’’) had never process. The Guideline provides model not inherently lend themselves to the been properly organized to conform users with a common basis for sequencing structure imposed on the with the CFR format (which features estimating pollution concentrations, rest of appendix W, these appendices sequentially numbered paragraphs) assessing control strategies and are organized much as they have been imposed by the Office of the Federal specifying emission limits; these in the past. EPA has made an agreement Register. Thus, this direct final rule activities are regulated at 40 CFR with OFR that, when future revisions republishes the Guideline to reflect the 51.112, 51.117, 51.150, 51.160, 51.166, become necessary to appendix A or B, format appropriate for appendix W. In and 51.21. The Guideline was originally the entire model description will be set addition, reference lists are alphabetized published in April 1978. It was out in the amendatory instruction. and updated, technical contacts and incorporated by reference in the Likewise, appendix C would be set out availability for models are updated, and regulations for the Prevention of in its entirety. typographical errors are corrected. Two Significant Deterioration of Air Quality Another element of this action new models presented at the 6th in June 1978. The Guideline was involves models that are listed in Conference on Air Quality Modeling subsequently revised in 1986, and later appendix B (summaries of Alternative (August 1995) are added to Guideline updated with supplement A in 1987 and Air quality Models) of appendix W, appendix B for case-by-case use; several supplement B in July 1993. The which are available for use on a case-by- outdated models are removed from revisions in supplement B included case basis. Of the 31 models currently appendix B. Appendix A models techniques and guidance for situations listed in appendix B, 14 have been considered to be ‘‘obsolete’’ (i.e., where specific procedures had not identified for removal because they have CRSTER & MPTER, replaced by ISC3) previously been available, and also seen little or no use in recent years and are removed, as is Table 4–1. In improved several previously adopted have been superseded by other addition, minor amendments to 40 CFR techniques. As mentioned before, the modeling techniques. Prior to this 51.112, 51.160. 51.166, and 52.21 are Guideline was published as appendix W deletion effort, respective model necessary to bring respective references to 40 CFR part 51 when supplement B developers were contacted and they to appendix W up to date. was promulgated. concurred. The deleted models are: Air DATES: This rule is effective October 11, During the public comment period for Quality Display Model (AQDM), Air 1996 unless notice is received by supplement B, EPA received requests to Resources Regional Pollution September 11, 1996 that adverse or consider several additional new Assessment (ARRPA) Model, APRAC–3/ critical comments will be submitted or modeling techniques and suggestions MOBILE 1 Emissions and Diffusion that an opportunity to submit such for enhanced technical guidance. Modeling Package (APRAC–3), comments at a public hearing is However, because there was not COMPTER, HIWAY–2, Integrated Model requested. If such comments or a sufficient time for the public to review for Plumes and Atmospheric Chemistry request for a public hearing are received the new techniques and technical in Complex Terrain (IMPACT), Models by the Agency, EPA will then publish a guidance before promulgation of 3141 and 4141, MULTIMAX, Pacific Gas subsequent Federal Register document supplement B, the new models and and Electric PLUME5 Model, PLMSTAR withdrawing from this action only those enhanced technical guidance could not Air Quality Simulation Model, Random- amendments which are specifically be included in the supplement B walk Advection and Dispersion Model listed in those comments or in the rulemaking. Thus, in a subsequent (RADM), Regional Transport Model request for a public hearing. regulatory proposal, EPA proposed to (RTM–II), Texas Climatological Model ADDRESSES: Substantial adverse or further revise the Guideline with (TCM–2) and Texas Episodic Model critical comments may be sent to Docket supplement C and sought public (TEM–8). No. A–96–39 at the following address: comment on four specific items. After Two models were presented by their Air Docket (6102), Room M–1500, reviewing and addressing public respective developers at the 6th Waterside Mall, U.S. Environmental comments, EPA promulgated the last Conference on Air Quality Modeling, Protection Agency, 401 M Street, S.W., revision in August 1995. August 9–10, 1995 in Washington, D.C., Washington, D.C. 20460. This docket is as candidates for appendix B. One of available for public inspection and 1 In reviewing this preamble, note that appendix these models is HOTMAC/RAPTAD, a copying between 8:00 a.m. and 5:30 W (Guideline) itself contains several appendices mesoscale meteorological/transport and which are mentioned. Appendix A is the repository p.m., Monday through Friday, at the for preferred models, while appendix B is the diffusion model system. HOTMAC, address above. Please furnish duplicate repository for alternate models justified for use on Higher Order Turbulence Model for comments to Tom Coulter, Air Quality a case-by-case basis. Atmospheric Circulation, is a mesoscale Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41839 weather prediction model that forecasts to update respective references to requirements, as stated in the final rule wind, temperature, humidity, and appendix W. The paragraphs generally (aforementioned). Furthermore, this atmospheric turbulence distributions make reference to ‘‘supplements’’ which final rule does not duplicate, overlap, or over complex surface conditions. are no longer used as vehicle for conflict with other federal rules. Thus, RAPTAD, Random Puff Transport and revision. Also, NTIS is no longer an pursuant to the provisions of 5 U.S.C. Diffusion, is a Lagrangian random puff agent of distribution for the Guideline. 605(b), EPA hereby certifies that the model that is used to forecast transport attached final rule will not have a Administrative Requirements and diffusion of airborne materials over significant impact on a substantial complex terrain. The other model, A. Executive Order 12866 number of such entities. PANACHE, is an Eulerian (and Under Executive Order (E.O.) 12866 Lagrangian for particulate matter), 3- D. Submission to Congress and the [58 FR 51735 (October 4, 1993)], the dimensional finite volume fluid General Accounting Office Agency must determine whether the mechanics model designed to simulate Under section 801(a)(1)(A) of the regulatory action is ‘‘significant’’ and continuous and short-term pollution Administrative Procedures Act (APA) as therefore subject to review by the Office dispersion in the atmosphere, in simple amended by the Small Business of Management and Budget (OMB) and or complex terrain. In the docket Regulatory Enforcement Fairness Act of the requirements of the Executive Order. established for the 6th Conference, no 1996, EPA submitted a report containing The Order defines ‘‘significant adverse public comments were received this rule and other required information regulatory action’’ as one that is likely during the comment period that to the U.S. Senate, the U.S. House of to result in a rule that may: followed. EPA is therefore adding Representatives and the Comptroller (1) have an annual effect on the HOTMAC/RAPTAD and PANACHE to General of the General Accounting economy of $100 million or more or appendix B. Office prior to publication of the rule in adversely affect in a material way the Two models in appendix A today’s Federal Register. This rule is economy, a sector of the economy, (Summaries of Preferred Air quality not a ‘‘major rule’’ as defined by section productivity, competition, jobs, the Models) of appendix W, Multiple Point 804(2) of the APA as amended. Gaussian Dispersion Algorithm with environment, public health or safety, or Terrain Adjustment (MPTER) and Single State, local, or tribal governments or E. Unfunded Mandates Source (CRSTER) Model, have long been communities; Under Section 202 of the Unfunded known to be virtually superseded by the (2) create a serious inconsistency or Mandates Reform Act of 1995 Industrial Source Complex (ISC) Model. otherwise interfere with an action taken (‘‘Unfunded Mandates Act’’, Pub. L. Accordingly, EPA believes it is or planned by another agency; 104–4), signed into law on March 22, appropriate to remove these models (3) materially alter the budgetary 1995, EPA must prepare a budgetary from appendix A. Conforming edits impact of entitlements, grants, user fees, impact statement to accompany any have been made to appendix W sections or loan programs of the rights and proposed or final rule that includes a 2.2, 3.2.2, 4.1, 7.2.2, and 9.3.4.2 where obligations of recipients thereof; or Federal mandate that may result in references to either MPTER, CRSTER, or (4) raise novel legal or policy issues estimated costs to State, local, or tribal both occurred. With this removal, it arising out of legal mandates, the governments in the aggregate; or to the appears to EPA that appendix W may be President’s priorities, or the principles private sector, of $100 million or more. simplified by removing Table 4–1 as set forth in the Order. Under Section 205, EPA must select the well, and this was done. Conforming It has been determined that this rule most cost-effective and least edits have been made to appendix W is not a ‘‘significant regulatory action’’ burdensome alternative that achieves section 4.2.2 which referenced Table 4– under the terms of E.O. 12866 and is the objectives of the rule and is 1, and to section 7.2.2 to note that CDM therefore not subject to OMB review. consistent with statutory requirements. 2.0 may be used for long-term B. Paperwork Reduction Act Section 203 requires EPA to establish a applications, while RAM may be used plan for informing and advising any This final rule does not contain any for short-term applications. small governments that may be information collection requirements In addition, there were several significantly or uniquely impacted by subject to review by OMB under the typographical errors which appeared the rule. Paperwork Reduction Act on 1980, 44 when the appendix was first published EPA has determined that the action U.S.C. 3501 et seq. in the Federal Register in 1993; these promulgated today does not include a errors have been corrected. Appendices C. Regulatory Flexibility Act Federal mandate that may result in A and B of appendix W referenced page estimated costs of $100 million or more numbers which were incorrect The Regulatory Flexibility Act (5 to either State, local, or tribal (conforming with the earlier edition of U.S.C. 601 et seq.) requires EPA to governments in the aggregate, or to the the Guideline, when it was incorporated consider potential impacts of private sector. Therefore, the by reference and maintained as a regulations on small ‘‘entities’’. The requirements of the Unfunded Mandates separate EPA document); these errors direct final action taken today is a Act do not apply to this action. have been corrected. Reference lists, i.e., supplement to the final rule that was A.REF and B.REF, have been published on July 20, 1993 (58 FR List of Subjects alphabetized and updated as a result of 38816). As described earlier in this 40 CFR Part 51 the model deletions discussed above. preamble, the revisions here The Availability and (where promulgated merely update and Environmental Protection, appropriate) Technical Contact sections reformat appendix W to 40 CFR Part 51, Administrative practice and procedure, have been updated, as well. Elements of update references to that appendix in Air pollution control, Intergovernmental the technical description of some several places in Part 51 and 52, and relations, Reporting and recordkeeping appendix B models have been updated impose no new regulatory burdens. As requirements, Ozone, Sulfur oxides, to reflect current status. such, there will be no additional impact Nitrogen dioxide, Lead, Particulate Minor amendments to 40 CFR 51.112, on small entities regarding reporting, matter, Hydrocarbons, Carbon 51.160, 51.166, and 52.21 are necessary recordkeeping, compliance monoxide. 41840 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

40 CFR Part 52 bases, and other requirements specified public participation to the greatest possible in appendix W of this part (Guideline extent. All future changes to the guidance Air pollution control, Ozone, Sulfur will be proposed and finalized in the Federal oxides, Nitrogen dioxide, Lead. on Air Quality Models). (2) Where an air quality model Register. Information on the current status of Dated: June 26, 1996. specified in appendix W of this part modeling guidance can always be obtained from EPA’s Regional Offices. Carol M. Browner, (Guideline on Air Quality Models) is Administrator. inappropriate, the model may be Table of Contents Parts 51 and 52, chapter I, title 40 of modified or another model substituted. List of Tables the Code of Federal Regulations are *** 1.0 Introduction amended as follows: * * * * * 2.0 Overview of Model Use 5. Appendix W to Part 51 revised to 2.1 Suitability of Models PART 51ÐREQUIREMENTS FOR read as follows: 2.2 Classes of Models PREPARATION, ADOPTION, AND 2.3 Levels of Sophistication of Models SUBMITTAL OF IMPLEMENTATION Appendix W to Part 51—Guideline on 3.0 Recommended Air Quality Models PLANS Air Quality Models 3.1 Preferred Modeling Techniques Preface 3.1.1 Discussion 1. The authority citation for part 51 3.1.2 Recommendations continues to read as follows: a. Industry and control agencies have long 3.2 Use of Alternative Models expressed a need for consistency in the 3.2.1 Discussion Authority: 42 U.S.C. 7401–7671q. application of air quality models for 3.2.2 Recommendations 2. § 51.112 is amended by revising regulatory purposes. In the 1977 Clean Air 3.3 Availability of Supplementary paragraph (a)(1) and the first sentence of Act, Congress mandated such consistency Modeling Guidance and encouraged the standardization of model paragraph (a)(2) to read as follows: 3.3.1 The Model Clearinghouse applications. The Guideline on Air Quality 3.3.2 Regional Meteorologists Workshops § 51.112 Demonstration of adequacy. Models (hereafter, Guideline) was first 4.0 Simple-Terrain Stationary Source published in April 1978 to satisfy these Models (a) * * * requirements by specifying models and (1) The adequacy of a control strategy 4.1 Discussion providing guidance for their use. The 4.2 Recommendations shall be demonstrated by means of Guideline provides a common basis for 4.2.1 Screening Techniques applicable air quality models, data estimating the air quality concentrations used 4.2.2 Refined Analytical Techniques bases, and other requirements specified in assessing control strategies and developing 5.0 Model Use in Complex Terrain in appendix W of this part (Guideline emission limits. 5.1 Discussion on Air Quality Models). b. The continuing development of new air 5.2 Recommendations (2) Where an air quality model quality models in response to regulatory 5.2.1 Screening Techniques requirements and the expanded requirements specified in appendix W of this part 5.2.2 Refined Analytical Techniques for models to cover even more complex 6.0 Models for Ozone, Carbon Monoxide (Guideline on Air Quality Models) is problems have emphasized the need for inappropriate, the model may be and Nitrogen Dioxide periodic review and update of guidance on 6.1 Discussion modified or another model substituted. these techniques. Four primary on-going 6.2 Recommendations *** activities provide direct input to revisions of 6.2.1 Models for Ozone * * * * * the Guideline. The first is a series of annual 6.2.2 Models for Carbon Monoxide 3. § 51.160 is amended by revising EPA workshops conducted for the purpose of 6.2.3 Models for Nitrogen Dioxide paragraph (f)(1) and the first sentence of ensuring consistency and providing (Annual Average) clarification in the application of models. paragraph (f)(2) to read as follows: 7.0 Other Model Requirements The second activity, directed toward the 7.1 Discussion § 51.160 Legally enforceable procedures. improvement of modeling procedures, is the 7.2 Recommendations cooperative agreement that EPA has with the 7.2.1 Fugitive Dust/Fugitive Emissions * * * * * scientific community represented by the 7.2.2 Particulate Matter (f) * * * American Meteorological Society. This 7.2.3 Lead (1) All applications of air quality agreement provides scientific assessment of 7.2.4 Visibility modeling involved in this subpart shall procedures and proposed techniques and 7.2.5 Good Engineering Practice Stack be based on the applicable models, data sponsors workshops on key technical issues. Height bases, and other requirements specified The third activity is the solicitation and 7.2.6 Long Range Transport (LRT) (i.e., in appendix W of this part (Guideline review of new models from the technical and beyond 50km) on Air Quality Models). user community. In the March 27, 1980 7.2.7 Modeling Guidance for Other (2) Where an air quality model Federal Register, a procedure was outlined Governmental Programs for the submittal to EPA of privately specified in appendix W of this part 7.2.8 Air Pathway Analyses (Air Toxics developed models. After extensive evaluation and Hazardous Waste) (Guideline on Air Quality Models) is and scientific review, these models, as well 8.0 General Modeling Considerations inappropriate, the model may be as those made available by EPA, are 8.1 Discussion modified or another model substituted. considered for recognition in the Guideline. 8.2 Recommendations *** The fourth activity is the extensive on-going 8.2.1 Design Concentrations * * * * * research efforts by EPA and others in air 8.2.2 Critical Receptor Sites 4. § 51.166 is amended by revising quality and meteorological modeling. 8.2.3 Dispersion Coefficients paragraph (l)(1) and the first sentence of c. Based primarily on these four activities, 8.2.4 Stability Categories this document embodies all revisions to the 8.2.5 Plume Rise paragraph (l)(2) to read as follows: Guideline Although the text has been revised 8.2.6 Chemical Transformation § 51.166 Prevention of significant from the original 1978 guide, the present 8.2.7 Gravitational Settling and deterioration of air quality. content and topics are similar. As necessary, Deposition new sections and topics are included. EPA 8.2.8 Urban/Rural Classification * * * * * does not make changes to the guidance on a 8.2.9 Fumigation *** predetermined schedule, but rather on an as 8.2.10 Stagnation (1) All applications of air quality needed basis. EPA believes that revisions of 8.2.11 Calibration of Models modeling involved in this subpart shall the Guideline should be timely and 9.0 Model Input Data be based on the applicable models, data responsive to user needs and should involve 9.1 Source Data Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41841

9.1.1 Discussion industry. The guidance is appropriate for use emission limits. Such consistency is not, 9.1.2 Recommendations by other Federal agencies and by State however, promoted at the expense of model 9.2 Background Concentrations agencies with air quality and land and data base accuracy. This guide provides 9.2.1 Discussion management responsibilities. The Guideline a consistent basis for selection of the most 9.2.2 Recommendations (Isolated Single serves to identify, for all interested parties, accurate models and data bases for use in air Source) those techniques and data bases EPA quality assessments. 9.2.3 Recommendations (Multi-Source considers acceptable. The guide is not e. Recommendations are made in this Areas) intended to be a compendium of modeling guide concerning air quality models, data 9.3 Meteorological Input Data techniques. Rather, it should serve as a basis bases, requirements for concentration 9.3.1 Length of Record of Meteorological by which air quality managers, supported by estimates, the use of measured data in lieu Data sound scientific judgment, have a common of model estimates, and model evaluation 9.3.2 National Weather Service Data measure of acceptable technical analysis. procedures. Models are identified for some 9.3.3 Site-Specific Data b. Due to limitations in the spatial and specific applications. The guidance provided 9.3.4 Treatment of Calms temporal coverage of air quality here should be followed in all air quality 10.0 Accuracy and Uncertainty of Models measurements, monitoring data normally are analyses relative to State Implementation 10.1 Discussion not sufficient as the sole basis for Plans and in analyses required by EPA, State 10.1.1 Overview of Model Uncertainty demonstrating the adequacy of emission and local agency air programs. The EPA may 10.1.2 Studies of Model Accuracy limits for existing sources. Also, the impacts approve the use of another technique that can 10.1.3 Use of Uncertainty in Decision- of new sources that do not yet exist can only be demonstrated to be more appropriate than Making be determined through modeling. Thus, those recommended in this guide. This is 10.1.4 Evaluation of Models models, while uniquely filling one program discussed at greater length in Section 3.0. In 10.2 Recommendations need, have become a primary analytical tool all cases, the model applied to a given 11.0 Regulatory Application of Models in most air quality assessments. Air quality situation should be the one that provides the 11.1 Discussion measurements though can be used in a most accurate representation of atmospheric 11.2 Recommendations complementary manner to dispersion transport, dispersion, and chemical 11.2.1 Analysis Requirements models, with due regard for the strengths and transformations in the area of interest. 11.2.2 Use of Measured Data in Lieu of weaknesses of both analysis techniques. However, to ensure consistency, deviations Model Estimates Measurements are particularly useful in from this guide should be carefully 11.2.3 Emission Limits assessing the accuracy of model estimates. documented and fully supported. 12.0 References The use of air quality measurements alone f. From time to time situations arise 13.0 Bibliography however could be preferable, as detailed in requiring clarification of the intent of the 14.0 Glossary of Terms a later section of this document, when guidance on a specific topic. Periodic Appendix A to Appendix W of Part 51— models are found to be unacceptable and workshops are held with the EPA Regional Summaries of Preferred Air Quality monitoring data with sufficient spatial and Meteorologists to ensure consistency in Models temporal coverage are available. modeling guidance and to promote the use of Appendix B to Appendix W of Part 51— c. It would be advantageous to categorize more accurate air quality models and data Summaries of Alternative Air Quality the various regulatory programs and to apply bases. The workshops serve to provide Models a designated model to each proposed source further explanations of Guideline Appendix C to Appendix W of Part 51— needing analysis under a given program. requirements to the Regional Offices and Example Air Quality Analysis Checklist However, the diversity of the nation’s workshop reports are issued with this topography and climate, and variations in clarifying information. In addition, findings LIST OF TABLES source configurations and operating from on-going research programs, new model characteristics dictate against a strict submittals, or results from model evaluations modeling ‘‘cookbook.’’ There is no one model and applications are continuously evaluated. Table No. Title capable of properly addressing all Based on this information changes in the 5±1a ...... Neutral/Stable Meteorological conceivable situations even within a broad guidance may be indicated. Matrix for CTSCREEN. category such as point sources. g. All changes to the Guideline must follow 5±1b ...... Unstable/Convective Meteoro- Meteorological phenomena associated with rulemaking requirements since the Guideline logical Matrix for CTSCREEN. threats to air quality standards are rarely is codified in this Appendix W of Part 51. 5±2 ...... Preferred Options for the amenable to a single mathematical treatment; EPA will promulgate proposed and final SHORTZ/LONGZ Computer thus, case-by-case analysis and judgment are rules in the Federal Register to amend this Codes When Used in a frequently required. As modeling efforts Appendix W. Ample opportunity for public Screening Mode. become more complex, it is increasingly comment will be provided for each proposed 5±3 ...... Preferred Options for the RTDM important that they be directed by highly change and public hearings scheduled if Computer Code When Used competent individuals with a broad range of requested. in a Screening Mode. experience and knowledge in air quality h. A wide range of topics on modeling and 9±1 ...... Model Emission Input Data for meteorology. Further, they should be data bases are discussed in the Guideline. Point Sources. coordinated closely with specialists in Chapter 2 gives an overview of models and 9±2 ...... Point Source Model Input Data emissions characteristics, air monitoring and their appropriate use. Chapter 3 provides (Emissions) for PSD NAAQS data processing. The judgment of specific guidance on the use of ‘‘preferred’’ Compliance Demonstrations. experienced meteorologists and analysts is air quality models and on the selection of 9±3 ...... Averaging Times for Site-Spe- essential. alternative techniques. Chapters 4 through 7 cific Wind and Turbulence d. The model that most accurately provide recommendations on modeling Measurements. estimates concentrations in the area of techniques for application to simple-terrain interest is always sought. However, it is clear stationary source problems, complex terrain from the needs expressed by the States and problems, and mobile source problems. 1.0 Introduction EPA Regional Offices, by many industries Specific modeling requirements for selected a. The Guideline recommends air quality and trade associations, and also by the regulatory issues are also addressed. Chapter modeling techniques that should be applied deliberations of Congress, that consistency in 8 discusses issues common to many to State Implementation Plan (SIP) 1 revisions the selection and application of models and modeling analyses, including acceptable for existing sources and to new source data bases should also be sought, even in model components. Chapter 9 makes reviews,2 including prevention of significant case-by-case analyses. Consistency ensures recommendations for data inputs to models deterioration (PSD).3 It is intended for use by that air quality control agencies and the including source, meteorological and EPA Regional Offices in judging the general public have a common basis for background air quality data. Chapter 10 adequacy of modeling analyses performed by estimating pollutant concentrations, covers the uncertainty in model estimates EPA, State and local agencies and by assessing control strategies and specifying and how that information can be useful to the 41842 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations regulatory decision-maker. The last chapter model applied improperly, or with demonstrated, it may be the best technique. summarizes how estimates and inappropriately chosen data, can lead to A discussion of physical modeling is beyond measurements of air quality are used in serious misjudgments regarding the source the scope of this guide. The EPA publication assessing source impact and in evaluating impact or the effectiveness of a control ‘‘Guideline for Fluid Modeling of control strategies. strategy. Atmospheric Diffusion,’’4 provides i. This Appendix W itself contains three d. The resource demands generated by use information on fluid modeling applications appendices: A, B, and C. Thus, when of air quality models vary widely depending and the limitations of that method. reference is made to ‘‘Appendix A’’, it refers on the specific application. The resources 2.3 Levels of Sophistication of Models to Appendix A to this Appendix W. required depend on the nature of the model Appendices B and C are referenced in the and its complexity, the detail of the data a. In addition to the various classes of same way. base, the difficulty of the application, and the models, there are two levels of j. Appendix A contains summaries of amount and level of expertise required. The sophistication. The first level consists of refined air quality models that are costs of manpower and computational general, relatively simple estimation ‘‘preferred’’ for specific applications; both facilities may also be important factors in the techniques that provide conservative EPA models and models developed by others selection and use of a model for a specific estimates of the air quality impact of a are included. Appendix B contains analysis. However, it should be recognized specific source, or source category. These are summaries of other refined models that may that under some sets of physical screening techniques or screening models. be considered with a case-specific circumstances and accuracy requirements, no The purpose of such techniques is to justification. Appendix C contains a checklist present model may be appropriate. Thus, eliminate the need of further more detailed of requirements for an air quality analysis. consideration of these factors should not lead modeling for those sources that clearly will to selection of an inappropriate model. not cause or contribute to ambient 2.0 Overview of Model Use concentrations in excess of either the 2.2 Classes of Models a. Before attempting to implement the National Ambient Air Quality Standards guidance contained in this appendix, the a. The air quality modeling procedures (NAAQS) 5 or the allowable prevention of reader should be aware of certain general discussed in this guide can be categorized significant deterioration (PSD) concentration information concerning air quality models into four generic classes: Gaussian, increments.3 If a screening technique and their use. Such information is provided numerical, statistical or empirical, and indicates that the concentration contributed in this section. physical. Within these classes, especially by the source exceeds the PSD increment or Gaussian and numerical models, a large the increment remaining to just meet the 2.1 Suitability of Models number of individual ‘‘computational NAAQS, then the second level of more a. The extent to which a specific air quality algorithms’’ may exist, each with its own sophisticated models should be applied. model is suitable for the evaluation of source specific applications. While each of the b. The second level consists of those impact depends upon several factors. These algorithms may have the same generic basis, analytical techniques that provide more include: (1) The meteorological and e.g., Gaussian, it is accepted practice to refer detailed treatment of physical and chemical topographic complexities of the area; (2) the to them individually as models. For example, atmospheric processes, require more detailed level of detail and accuracy needed for the the Industrial Source Complex (ISC) model and precise input data, and provide more analysis; (3) the technical competence of and the RAM model are commonly referred specialized concentration estimates. As a those undertaking such simulation modeling; to as individual models. In fact, they are both result they provide a more refined and, at (4) the resources available; and (5) the detail variations of a basic Gaussian model. In least theoretically, a more accurate estimate and accuracy of the data base, i.e., emissions many cases the only real difference between of source impact and the effectiveness of inventory, meteorological data, and air models within the different classes is the control strategies. These are referred to as quality data. Appropriate data should be degree of detail considered in the input or refined models. available before any attempt is made to apply output data. c. The use of screening techniques a model. A model that requires detailed, b. Gaussian models are the most widely followed by a more refined analysis is always precise, input data should not be used when used techniques for estimating the impact of desirable, however there are situations where such data are unavailable. However, nonreactive pollutants. Numerical models the screening techniques are practically and assuming the data are adequate, the greater may be more appropriate than Gaussian technically the only viable option for the detail with which a model considers the models for area source urban applications estimating source impact. In such cases, an spatial and temporal variations in emissions that involve reactive pollutants, but they attempt should be made to acquire or and meteorological conditions, the greater require much more extensive input data improve the necessary data bases and to the ability to evaluate the source impact and bases and resources and therefore are not as develop appropriate analytical techniques. to distinguish the effects of various control widely applied. Statistical or empirical 3.0 Recommended Air Quality Models strategies. techniques are frequently employed in a. This section recommends refined b. Air quality models have been applied situations where incomplete scientific modeling techniques that are preferred for with the most accuracy or the least degree of understanding of the physical and chemical use in regulatory air quality programs. The uncertainty to simulations of long term processes or lack of the required data bases status of models developed by EPA, as well averages in areas with relatively simple make the use of a Gaussian or numerical as those submitted to EPA for review and topography. Areas subject to major model impractical. Various specific models possible inclusion in this guidance, is topographic influences experience in these three generic types are discussed in discussed. The section also addresses the meteorological complexities that are the Guideline. selection of models for individual cases and extremely difficult to simulate. Although c. Physical modeling, the fourth generic provides recommendations for situations models are available for such circumstances, type, involves the use of wind tunnel or other where the preferred models are not they are frequently site specific and resource fluid modeling facilities. This class of applicable. Two additional sources of intensive. In the absence of a model capable modeling is a complex process requiring a modeling guidance, the Model of simulating such complexities, only a high level of technical expertise, as well as Clearinghouse 6 and periodic Regional preliminary approximation may be feasible access to the necessary facilities. Meteorologists’ workshops, are also briefly until such time as better models and data Nevertheless, physical modeling may be discussed here. bases become available. useful for complex flow situations, such as b. In all regulatory analyses, especially if c. Models are highly specialized tools. building, terrain or stack downwash other than preferred models are selected for Competent and experienced personnel are an conditions, plume impact on elevated terrain, use, early discussions among Regional Office essential prerequisite to the successful diffusion in an urban environment, or staff, State and local control agencies, application of simulation models. The need diffusion in complex terrain. It is particularly industry representatives, and where for specialists is critical when the more applicable to such situations for a source or appropriate, the Federal Land Manager, are sophisticated models are used or the area group of sources in a geographic area limited invaluable and are encouraged. Agreement being investigated has complicated to a few square kilometers. If physical on the data base to be used, modeling meteorological or topographic features. A modeling is available and its applicability techniques to be applied and the overall Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41843 technical approach, prior to the actual pollutant concentrations is considered by c. A preferred model should be operated analyses, helps avoid misunderstandings EPA to be continuous. Models that are with the options listed in Appendix A as concerning the final results and may reduce submitted in accordance with the provisions ‘‘Recommendations for Regulatory Use.’’ If the later need for additional analyses. The outlined in the Federal Register notice of other options are exercised, the model is no use of an air quality checklist, such as March 1980 (45 FR 20157) 7 will be evaluated longer ‘‘preferred.’’ Any other modification to presented in Appendix C, and the as submitted. These requirements are: a preferred model that would result in a preparation of a written protocol help to keep i. The model must be computerized and change in the concentration estimates misunderstandings at a minimum. functioning in a common Fortran language likewise alters its status as a preferred model. c. It should not be construed that the suitable for use on a variety of computer Use of the model must then be justified on preferred models identified here are to be systems. a case-by-case basis. permanently used to the exclusion of all ii. The model must be documented in a 3.2 Use of Alternative Models others or that they are the only models user’s guide which identifies the available for relating emissions to air quality. mathematics of the model, data requirements 3.2.1 Discussion The model that most accurately estimates and program operating characteristics at a a. Selection of the best techniques for each concentrations in the area of interest is level of detail comparable to that available individual air quality analysis is always always sought. However, designation of for currently recommended models, e.g., the encouraged, but the selection should be done specific models is needed to promote Industrial Source Complex (ISC) model. in a consistent manner. A simple listing of consistency in model selection and iii. The model must be accompanied by a models in this guide cannot alone achieve application. complete test data set including input that consistency nor can it necessarily d. The 1980 solicitation of new or different parameters and output results. The test data provide the best model for all possible 7 models from the technical community and must be included in the user’s guide as well situations. An EPA document, ‘‘Interim the program whereby these models are as provided in computer-readable form. Procedures for Evaluating Air Quality evaluated, established a means by which new iv. The model must be useful to typical Models’’,15 16 has been prepared to assist in models are identified, reviewed and made users, e.g., State air pollution control developing a consistent approach when available in the Guideline. There is a agencies, for specific air quality control justifying the use of other than the preferred pressing need for the development of models problems. Such users should be able to modeling techniques recommended in this for a wide range of regulatory applications. operate the computer program(s) from guide. An alternative to be considered to the Refined models that more realistically available documentation. performance measures contained in Chapter simulate the physical and chemical process v. The model documentation must include 3 of this document is set forth in another EPA in the atmosphere and that more reliably a comparison with air quality data or with document ‘‘Protocol for Determining the Best estimate pollutant concentrations are other well-established analytical techniques. Performing Model’’.17 The procedures in required. Thus, the solicitation of models is vi. The developer must be willing to make both documents provide a general framework considered to be continuous. the model available to users at reasonable for objective decision-making on the 3.1 Preferred Modeling Techniques cost or make it available for public access acceptability of an alternative model for a 3.1.1 Discussion through the National Technical Information given regulatory application. The documents Service; the model cannot be proprietary. contain procedures for conducting both the a. EPA has developed approximately 10 d. The evaluation process will include a technical evaluation of the model and the models suitable for regulatory application. determination of technical merit, in field test or performance evaluation. More than 20 additional models were accordance with the above six items b. This section discusses the use of submitted by private developers for possible including the practicality of the model for alternate modeling techniques and defines inclusion in the Guideline. These refined use in ongoing regulatory programs. Each three situations when alternative models may models have all been organized into eight model will also be subjected to a be used. categories of use: rural, urban industrial performance evaluation for an appropriate 3.2.2 Recommendations complex, reactive pollutants, mobile sources, data base and to a peer scientific review. complex terrain, visibility, and long range Models for wide use (not just an isolated a. Determination of acceptability of a transport. They are undergoing an intensive case!) found to perform better, based on an model is a Regional Office responsibility. evaluation by category. The evaluation evaluation for the same data bases used to Where the Regional Administrator finds that 8 9 10 exercises include statistical measures of evaluate models in Appendix A, will be an alternative model is more appropriate model performance in comparison with proposed for inclusion as preferred models in than a preferred model, that model may be measured air quality data as suggested by the future Guideline revisions. used subject to the recommendations below. American Meteorological Society 11 and, This finding will normally result from a where possible, peer scientific reviews.12 13 l4 3.1.2 Recommendations determination that (1) A preferred air quality b. When a single model is found to perform a. Appendix A identifies refined models model is not appropriate for the particular better than others in a given category, it is that are preferred for use in regulatory application; or (2) a more appropriate model recommended for application in that category applications. If a model is required for a or analytical procedure is available and is as a preferred model and listed in Appendix particular application, the user should select applicable. A. If no one model is found to clearly a model from Appendix A. These models b. An alternative model should be perform better through the evaluation may be used without a formal demonstration evaluated from both a theoretical and a exercise, then the preferred model listed in of applicability as long as they are used as performance perspective before it is selected Appendix A is selected on the basis of other indicated in each model summary of for use. There are three separate conditions factors such as past use, public familiarity, Appendix A. Further recommendations for under which such a model will normally be cost or resource requirements, and the application of these models to specific approved for use: (1) If a demonstration can availability. No further evaluation of a source problems are found in subsequent be made that the model produces preferred model is required if the source sections of the Guideline. concentration estimates equivalent to the follows EPA recommendations specified for b. If changes are made to a preferred model estimates obtained using a preferred model; the model in the Guideline. The models not without affecting the concentration estimates, (2) if a statistical performance evaluation has specifically recommended for use in a the preferred status of the model is been conducted using measured air quality particular category are summarized in unchanged. Examples of modifications that data and the results of that evaluation Appendix B. These models should be do not affect concentrations are those made indicate the alternative model performs compared with measured air quality data to enable use of a different computer or those better for the application than a comparable when they are used for regulatory that affect only the format or averaging time model in Appendix A; and (3) if there is no applications consistent with of the model results. However, when any preferred model for the specific application recommendations in Section 3.2. changes are made, the Regional but a refined model is needed to satisfy c. The solicitation of new refined models Administrator should require a test case regulatory requirements. Any one of these which are based on sounder scientific example to demonstrate that the three separate conditions may warrant use of principles and which more reliably estimate concentration estimates are not affected. an alternative model. Some known 41844 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations alternative models that are applicable for fairness and consistency in modeling 4.0 Simple-Terrain Stationary Source selected situations are contained in decisions is fostered among the various Models Appendix B. However, inclusion there does Regional Offices and the States. To satisfy 4.1 Discussion not infer any unique status relative to other that need, EPA established the Model alternative models that are being or will be Clearinghouse and also holds periodic a. Simple terrain, as used in this section, developed in the future. workshops with headquarters, Regional is considered to be an area where terrain c. Equivalency is established by Office and State modeling representatives. features are all lower in elevation than the top of the stack of the source(s) in question. demonstrating that the maximum or highest, 3.3.1 The Model Clearinghouse second highest concentrations are within 2 The models recommended in this section are percent of the estimates obtained from the 3.3.1.1 Discussion generally used in the air quality impact preferred model. The option to show a. The Model Clearinghouse is the single analysis of stationary sources for most equivalency is intended as a simple EPA focal point for review of air quality criteria pollutants. The averaging time of the concentration estimates produced by these demonstration of acceptability for an simulation models proposed for use in models ranges from 1 hour to an annual alternative model that is so nearly identical specific regulatory applications. Details average. (or contains options that can make it concerning the Clearinghouse and its b. Model evaluation exercises have been identical) to a preferred model that it can be operation are found in the document, ‘‘Model conducted to determine the ‘‘best, most treated for practical purposes as the preferred Clearinghouse: Operational Plan.’’ 6 Three appropriate point source model’’ for use in model. Two percent was selected as the basis primary functions of the Clearinghouse are: simple terrain.8 12 However, no one model for equivalency since it is a rough i. Review of decisions proposed by EPA has been found to be clearly superior. Based approximation of the fraction that PSD Class Regional Offices on the use of modeling I increments are of the NAAQS for SO , i.e., on past use, public familiarity, and 2 techniques and data bases. the difference in concentrations that is availability, ISC is the recommended model ii. Periodic visits to Regional Offices to judged to be significant. However, for a wide range of regulatory applications. gather information pertinent to regulatory notwithstanding this demonstration, use of Similar determinations were made for the model usage. models that are not equivalent may be used other refined models that are identified in iii. Preparation of an annual report when the conditions of paragraph e of this section 4.2. summarizing activities of the Clearinghouse section are satisfied. including specific determinations made 4.2 Recommendations d. The procedures and techniques for during the course of the year. determining the acceptability of a model for 4.2.1 Screening Techniques an individual case based on superior 3.3.1.2 Recommendations a. Point source screening techniques are an performance is contained in the document a. The Regional Administrator may request acceptable approach to air quality analyses. entitled ‘‘Interim Procedures for Evaluating assistance from the Model Clearinghouse One such approach is contained in the EPA Air Quality Models’’, 15 and should be after an initial evaluation and decision has document ‘‘Screening Procedures for followed, as appropriate.a Preparation and been reached concerning the application of a Estimating the Air Quality Impact of implementation of an evaluation protocol model, analytical technique or data base in Stationary Sources’’.18 A computerized which is acceptable to both control agencies a particular regulatory action. The version of the screening technique, SCREEN, and regulated industry is an important Clearinghouse may also consider and is available.19 20 For the current version of element in such an evaluation. evaluate the use of modeling techniques SCREEN, see 12.0 References.20 e. When no Appendix A model is submitted in support of any regulatory b. All screening procedures should be applicable to the modeling problem, an action. Additional responsibilities are: (1) adjusted to the site and problem at hand. alternative refined model may be used Review proposed action for consistency with Close attention should be paid to whether the provided that: agency policy; (2) determine technical area should be classified urban or rural in i. The model can be demonstrated to be adequacy; and (3) make recommendations accordance with Section 8.2.8. The applicable to the problem on a theoretical concerning the technique or data base. climatology of the area should be studied to basis; and help define the worst-case meteorological ii. The data bases which are necessary to 3.3.2 Regional Meteorologists Workshops conditions. Agreement should be reached perform the analysis are available and 13.3.2.1 Discussion between the model user and the reviewing adequate; and a. EPA conducts an annual in-house authority on the choice of the screening iii. Performance evaluations of the model workshop for the purpose of mutual model for each analysis, and on the input in similar circumstances have shown that the discussion and problem resolution among data as well as the ultimate use of the results. model is not biased toward underestimates; Regional Office modeling specialists, EPA or 4.2.2 Refined Analytical Techniques research modeling experts, EPA Headquarters iv. After consultation with the EPA a. A brief description of preferred models modeling and regulatory staff and Regional Office, a second model is selected for refined applications is found in Appendix representatives from State modeling as a baseline or reference point for A. Also listed in Appendix A are the model programs. A summary of the issues resolved performance and the interim procedures 15 input requirements, the standard options that at previous workshops was issued in 1981 as protocol 17 are then used to demonstrate that should be selected when running the ‘‘Regional Workshops on Air Quality the proposed model performs better than the program, and output options. Modeling: A Summary Report.’’ 17 That reference model. b. When modeling for compliance with report clarified procedures not specifically short term NAAQS and PSD increments is of 3.3 Availability of Supplementary Modeling defined in the 1978 version of the Guideline primary concern, a short term model may Guidance and was issued to ensure the consistent also be used to provide long term a. The Regional Administrator has the interpretation of model requirements from concentration estimates. However, when authority to select models that are Region to Region. Similar workshops for the modeling sources for which long term appropriate for use in a given situation. purpose of clarifying Guideline procedures or standards alone are applicable (e.g., lead), However, there is a need for assistance and providing detailed instructions for the use of then the long term models should be used. guidance in the selection process so that those procedures are anticipated in the The conversion from long term to short term future. concentration averages by any transformation a Another EPA document, ‘‘Protocol for 3.3.2.2 Recommendations technique is not acceptable in regulatory Determining the Best Performing Model’’, 17 a. The Regional Office should always be applications. contains advanced statistical techniques for consulted for information and guidance 5.0 Model Use in Complex Terrain determining which model performs better than concerning modeling methods and other competing models. In many cases, this 5.1 Discussion protocol should be considered by users of the interpretations of modeling guidance, and to ‘‘Interim Procedures for Evaluating Air Quality ensure that the air quality model user has a. For the purpose of the Guideline, Models’’ in preference to the material currently in available the latest most up-to-date policy complex terrain is defined as terrain Chapter 3 of that document. and procedures. exceeding the height of the stack being Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41845 modeled. Complex terrain dispersion models some cases. In order to avoid excessively model (except for the Valley Model) and a are normally applied to stationary sources of large computer runs due to such a large array simple terrain model. The Valley Model pollutants such as SO2 and particulates. of receptors, it is often desirable to model the should not be used for any intermediate b. A major outcome from the EPA Complex area twice. The first model run would use a terrain receptor. For each receptor between Terrain Model Development project has been moderate number of receptors carefully stack height and plume height, an hour-by- the publication of a refined dispersion model located over the area of interest. The second hour comparison of the concentration (CTDM) suitable for regulatory application to model run would use a more dense array of estimates from both models is made. The plume impaction assessments in complex receptors in areas showing potential for high higher of the two modeled concentrations terrain.21 Although CTDM as originally concentrations, as indicated by the results of should be chosen to represent the impact at produced was only applicable to those hours the first model run. that receptor for that hour, and then used to characterized as neutral or stable, a computer d. When CTSCREEN or CTDMPLUS is compute the concentration for the code for all stability conditions, used, digitized contour data must be first appropriate averaging time(s). For the simple CTDMPLUS,19 together with a user’s guide,22 processed by the CTDM Terrain Processor 23 terrain models, terrain may have to be and on-site meteorological and terrain data to provide hill shape parameters in a format ‘‘chopped off’’ at stack height, since these processors,23 24 is now available. Moreover, suitable for direct input to CTDMPLUS. Then models are frequently limited to receptors no CTSCREEN,19 25 a version of CTDMPLUS that the user supplies receptors either through an greater than stack height. does not require on-site meteorological data interactive program that is part of the model 5.2.1.1 Valley Screening Technique inputs, is also available as a screening or directly, by using a text editor; using both technique. methods to select receptors will generally be a. The Valley Screening Technique may be c. The methods discussed in this section necessary to assure that the maximum used to determine 24-hour averages. This should be considered in two categories: (1) concentrations are estimated by either model. technique uses the Valley Model with the Screening techniques, and (2) the refined In cases where a terrain feature may ‘‘appear following worst-case assumptions for rural areas: (1) P–G stability ‘‘F’’; (2) wind speed dispersion model, CTDMPLUS, discussed to the plume’’ as smaller, multiple hills, it of 2.5 m/s; and (3) 6 hours of occurrence. For below and listed in Appendix A. may be necessary to model the terrain both urban areas the stability should be changed d. Continued improvements in ability to as a single feature and as multiple hills to to ‘‘P–G stability E.’’ accurately model plume dispersion in determine design concentrations. b. When using the Valley Screening complex terrain situations can be expected, e. The user is encouraged to confer with Technique to obtain 24-hour average e.g., from research on lee side effects due to the Regional Office if any unresolvable concentrations the following apply: (1) terrain obstacles. New approaches to improve problems are encountered with any screening multiple sources should be treated the ability of models to realistically simulate or refined analytical procedures, e.g., individually and the concentrations for each atmospheric physics, e.g., hybrid models meteorological data, receptor siting, or terrain contour processing issues. wind direction summed; (2) only one wind which incorporate an accurate wind field direction should be used (see User’s Guide,26 analysis, will ultimately provide more 5.2.1 Screening Techniques page 2–15) even if individual runs are made appropriate tools for analyses. Such hybrid a. Five preferred screening techniques are for each source; (3) for buoyant sources, the modeling techniques are also acceptable for currently available to aid in the evaluation of BID option may be used, and the option to regulatory applications after the appropriate concentrations due to plume impaction use the 2.6 stable plume rise factor should be 15 demonstration and evaluation. during stable conditions: (1) for 24-hour selected; (4) if plume impaction is likely on 5.2 Recommendations impacts, the Valley Screening Technique 19 any elevated terrain closer to the source than as outlined in the Valley Model User’s the distance from the source to the final a. Recommendations in this section apply Guide; 26 (2) CTSCREEN,19 as outlined in the plume rise, then the transitional (or gradual) primarily to those situations where the CTSCREEN User’s Guide; 25 (3) COMPLEX plume rise option for stable conditions impaction of plumes on terrain at elevations I; 19 (4) SHORTZ/LONGZ; 19 27 and (5) Rough should be selected. equal to or greater than the plume centerline Terrain Dispersion Model (RTDM) 19 90 in its c. The standard polar receptor grid found during stable atmospheric conditions are prescribed mode described below. As in the Valley Model User’s Guide may not be determined to be the problem. If a violation appropriate, any of these screening sufficiently dense for all analyses if only one of any NAAQS or the controlling increment techniques may be used consistent with the geographical scale factor is used. The user is indicated by using any of the preferred needs, resources, and available data of the should choose an additional set of receptors screening techniques, then a refined complex user. at appropriate downwind distances whose terrain model may be used. Phenomena such b. The Valley Model, COMPLEX I, elevations are equal to plume height minus as fumigation, wind direction shear, lee-side SHORTZ/LONGZ, and RTDM should be used 10 meters. Alternatively, the user may effects, building wake- or terrain-induced only to estimate concentrations at receptors exercise the ‘‘Valley equivalent’’ option in downwash, deposition, chemical whose elevations are greater than or equal to COMPLEX I or SCREEN and note the transformation, variable plume trajectories, plume height. For receptors at or below stack comments above on the placement of and long range transport are not addressed by height, a simple terrain model should be receptors in complex terrain models. the recommendations in this section. used (see Chapter 4). Receptors between d. When using the ‘‘Valley equivalent’’ b. Where site-specific data are used for stack height and plume height present a option in COMPLEX I, set the wind profile either screening or refined complex terrain unique problem since none of the above exponents (PL) to 0.0, respectively, for all six models, a data base of at least 1 full-year of models were designed to handle receptors in stability classes. meteorological data is preferred. If more data this narrow regime, the definition of which 5.2.1.2 CTSCREEN are available, they should be used. will vary hourly as meteorological conditions Meteorological data used in the analysis vary. CTSCREEN may be used to estimate a. CTSCREEN may be used to obtain should be reviewed for both spatial and concentrations under all stability conditions conservative, yet realistic, worst-case temporal representativeness. at all receptors located ‘‘on terrain’’ above estimates for receptors located on terrain c. Placement of receptors requires very stack top, but has limited applicability in above stack height. CTSCREEN accounts for careful attention when modeling in complex multi-source situations. As a result, the the three-dimensional nature of plume and terrain. Often the highest concentrations are estimation of concentrations at receptors terrain interaction and requires detailed predicted to occur under very stable between stack height and plume height terrain data representative of the modeling conditions, when the plume is near, or should be considered on a case-by-case basis domain. The model description and user’s impinges on, the terrain. The plume under after consultation with the EPA Regional instructions are contained in the user’s such conditions may be quite narrow in the Office; the most appropriate technique may guide.25 The terrain data must be digitized in vertical, so that even relatively small changes be a function of the actual source(s) and the same manner as for CTDMPLUS and a in a receptor’s location may substantially terrain configuration unique to that terrain processor is available.23 A discussion affect the predicted concentration. Receptors application. One technique that will of the model’s performance characteristics is within about a kilometer of the source may generally be acceptable, but is not necessarily provided in a technical paper.91 CTSCREEN be even more sensitive to location. Thus, a preferred for any specific application, is designed to execute a fixed matrix of dense array of receptors may be required in involves applying both a complex terrain meteorological values for wind speed (u), 41846 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations standard deviation of horizontal and vertical may be used as screening techniques in these allowed. Full ground reflection should wind speeds (σv, σG5W), vertical potential complex terrain applications without always be used in the Valley Screening temperature gradient (dθ/dz), friction demonstration and evaluation. Application of Technique and COMPLEX I. velocity (ux), Monin-Obukhov length (L), these models in other than urbanized valley 5.2.2 Refined Analytical Techniques mixing height (zi) as a function of terrain situations will require the same evaluation height, and wind directions for both neutral/ and demonstration procedures as are a. When the results of the screening stable conditions and unstable convective required for all Appendix B models. analysis demonstrate a possible violation of conditions. Table 5–1 contains the matrix of b. Both SHORTZ and LONGZ have a NAAQS or the controlling PSD increments, a meteorological variables that is used for each number of options. When using these models more refined analysis may need to be CTSCREEN analysis. There are 96 as screening techniques for urbanized valley conducted. combinations, including exceptions, for each applications, the options listed in Table 5–2 b. The Complex Terrain Dispersion Model wind direction for the neutral/stable case, should be selected. Plus Algorithms for Unstable Situations (CTDMPLUS) is a refined air quality model and 108 combinations for the unstable case. 5.2.1.5 RTDM (Screening Mode) The specification of wind direction, however, that is preferred for use in all stability is handled internally, based on the source a. RTDM with the options specified in conditions for complex terrain applications. and terrain geometry. The matrix was Table 5–3 may be used as a screening CTDMPLUS is a sequential model that developed from examination of the range of technique in rural complex terrain situations requires five input files: (1) General program meteorological variables associated with without demonstration and evaluation. specifications; (2) a terrain data file; (3) a maximum monitored concentrations from the b. The RTDM screening technique can receptor file; (4) a surface meteorological data data bases used to evaluate the performance provide a more refined concentration file; and (5) a user created meteorological of CTDMPLUS. Although CTSCREEN is estimate if on-site wind speed and direction profile data file. Two optional input files designed to address a single source scenario, characteristic of plume dilution and transport consist of hourly emissions parameters and a there are a number of options that can be are used as input to the model. In complex file containing upper air data from selected on a case-by-case basis to address terrain, these winds can seldom be estimated rawinsonde data files, e.g., a National multi-source situations. However, the accurately from the standard surface (10m Climatic Data Center TD–6201 file, unless Regional Office should be consulted, and level) measurements. Therefore, in order to there are no hours categorized as unstable in concurrence obtained, on the protocol for increase confidence in model estimates, EPA the record. The model description and user modeling multiple sources with CTSCREEN recommends that wind data input to RTDM instructions are contained in Volume 1 of the 22 23 24 to ensure that the worst case is identified and should be based on fixed measurements at User’s Guide. Separate publications assessed. The maximum concentration stack top height. For stacks greater than describe the terrain preprocessor system and output from CTSCREEN represents a worst- 100m, the measurement height may be the meteorological preprocessor program. In 92 case 1-hour concentration. Time-scaling limited to 100m in height relative to stack Part I of a technical article is a discussion factors of 0.7 for 3-hour, 0.15 for 24-hour and base. However, for very tall stacks, see of the model and its preprocessors; the 0.03 for annual concentration averages are guidance in Section 9.3.3.2. This model’s performance characteristics are 93 applied internally by CTSCREEN to the recommendation is broadened to include discussed in Part II of the same article. The highest 1-hour concentration calculated by wind data representative of plume transport size of the CTDMPLUS executable file on a the model. height where such data are derived from personal computer is approximately 360K measurements taken with remote sensing bytes. The model produces hourly average 5.2.1.3 COMPLEX I devices such as SODAR. The data from both concentrations of stable pollutants, i.e., a. If the area is rural, COMPLEX I may be fixed and remote measurements should meet chemical transformation or decay of species used to estimate concentrations for all quality assurance and recovery rate and settling/deposition are not simulated. To averaging times. COMPLEX I is a requirements. The user should also be aware obtain concentration averages corresponding modification of the MPTER model that that RTDM in the screening mode accepts the to the NAAQS, e.g., 3- or 24-hour, or annual incorporates the plume impaction algorithm input of measured wind speeds at only one averages, the user must execute a of the Valley Model.19 It is a multiple-source height. The default values for the wind speed postprocessor program such as CHAVG.19 screening technique that accepts hourly profile exponents shown in Table 5–3 are CTDMPLUS is applicable to all receptors on meteorological data as input. The output is used in the model to determine the wind terrain elevations above stack top. However, the same as the normal MPTER output. When speed at other heights. RTDM uses wind the model contains no algorithms for using COMPLEX I the following options speed at stack top to calculate the plume rise simulating building downwash or the mixing should be selected: (1) Set terrain adjustment and the critical dividing streamline height, or recirculation found in cavity zones in the IOPT (1)=1; (2) set buoyancy induced and the wind speed at plume transport level lee of a hill. The path taken by a plume dispersion IOPT (4)=1; (3) set IOPT (25)=1; to calculate dilution. RTDM treats wind through an array of hills cannot be simulated. (4) set the terrain adjustment values to 0.5, direction as constant with height. CTDMPLUS does not explicitly simulate 0.5, 0.5 0.5, 0.0, 0.0, (respectively for six c. RTDM makes use of the ‘‘critical calm meteorological periods, and for those stability classes); and (5) set Z MIN=10. dividing streamline’’ concept and thus treats situations the user should follow the b. When using the ‘‘Valley equivalent’’ plume interactions with terrain quite guidance in Section 9.3.4. The user should option (only) in COMPLEX I, set the wind differently from other models such as follow the recommendations in the User’s profile exponents (PL) to 0.0, respectively, for SHORTZ and COMPLEX I. The plume height Guide under General Program Specifications all six stability classes. For all other relative to the critical dividing streamline for: (1) Selecting mixed layer heights, (2) regulatory uses of COMPLEX I, set the wind determines whether the plume impacts the setting minimum scalar wind speed to 1 m/ profile exponents to the values used in the terrain, or is lifted up and over the terrain. s, and (3) scaling wind direction with height. simple terrain models, i.e., 0.07, 0.07, 0.10, The receptor spacing to identify maximum Close coordination with the Regional Office 0.15, 0.35, and 0.55, respectively, for rural impact concentrations is quite critical is essential to insure a consistent, technically modeling. depending on the location of the plume in sound application of this model. c. Gradual plume rise should be used to the vertical. Analysis of the expected plume c. The performance of CTDMPLUS is estimate concentrations at nearby elevated height relative to the height of the critical greatly improved by the use of meteorological receptors, if plume impaction is likely on any dividing streamline should be performed for data from several levels up to plume height. elevated terrain closer to the source than the differing meteorological conditions in order However, due to the vast range of source- distance from the source to the final plume to help develop an appropriate array of plume-hill geometries possible in complex rise (see Section 8.2.5). receptors. Then it is advisable to model the terrain, detailed requirements for meteorological monitoring in support of 5.2.1.4 SHORTZ/LONGZ area twice according to the suggestions in Section 5.2. refined analyses using CTDMPLUS should be a. If the source is located in an urbanized determined on a case-by-case basis. The (Section 8.2.8) complex terrain valley, then 5.2.1.6 Restrictions following general guidance should be the suggested screening technique is a. For screening analyses using the Valley considered in the development of a SHORTZ for short-term averages or LONGZ Screening Technique, COMPLEX I or RTDM, meteorological monitoring protocol for for long-term averages. SHORTZ and LONGZ a sector greater than 221⁄2° should not be regulatory applications of CTDMPLUS and Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41847 reviewed in detail by the Regional Office (roughness length, friction velocity, and tower need not exceed the lesser of the before initiating any monitoring. As Monin-Obukhov length) which are needed to representative plume height of interest (the appropriate, the On-Site Meteorological run the model. All of the user inputs required highest plume height if there is more than Program Guidance document 66 should be for the surface file are based either on surface one plume height of interest) or 100m. consulted for specific guidance on siting observations or on measurements at or below g. Locating towers on nearby terrain to requirements for meteorological towers, 10m. obtain stack height or plume height selection and exposure of sensors, etc. As f. The profile data file is prepared by the measurements for use in profiles by more experience is gained with the model in user with on-site measurements (from at least CTDMPLUS should be avoided unless it can a variety of circumstances, more specific three levels) of wind speed, wind direction, clearly be demonstrated that such guidance may be developed. turbulence, and potential temperature. These measurements would be representative of d. Site specific meteorological data are measurements should be obtained up to the conditions affecting the plume. critical to dispersion modeling in complex representative plume height(s) of interest h. The rawin file is created by a second terrain and, consequently, the meteorological (i.e., the plume height(s) under those meteorological preprocessor (READ62) 24 requirements are more demanding than for conditions important to the determination of based on NWS (National Weather Service) simple terrain. Generally, three different the design concentration). The representative upper air data. The rawin file is used in meteorological files (referred to as surface, plume height(s) of interest should be CTDMPLUS to calculate vertical potential profile, and rawin files) are needed to run determined using an appropriate complex temperature gradients for use in estimating CTDMPLUS in a regulatory mode. terrain screening procedure (e.g., CTSCREEN) plume penetration in unstable conditions. e. The surface file is created by the and should be documented in the The representativeness of the off-site NWS meteorological preprocessor (METPRO) 24 monitoring/modeling protocol. The necessary upper air data should be evaluated on a case- based on on-site measurements or estimates meteorological measurements should be by-case basis. of solar and/or net radiation, cloud cover and obtained from an appropriately sited i. In the absence of an appropriate refined ceiling, and the mixed layer height. These meteorological tower augmented by SODAR model, screening results may need to be used data are used in METPRO to calculate the if the representative plume height(s) of to determine air quality impact and/or various surface layer scaling parameters interest exceed 100m. The meteorological emission limits.

TABLE 5±1A.ÐNEUTRAL/STABLE METEOROLOGICAL MATRIX FOR CTSCREEN

Variable Specific values

U (m/s) ...... 1.0 2.0 3.0 4.0 5.0 σv (m/s) ...... 0.3 0.75 σw (m/s) ...... 0.08 0.15 0.30 0.75 DQ/Dz (K/m) ...... 0.01 0.02 0.035 WD (Wind direction optimized internally for each meteorological combination) Exceptions: (1) If U ≤ 2 m/s and σv ≥ 0.3 m/s, then include σw = 0.04 m/s. DU D (2) If σw = 0.75 m/s and U ≥ 3.0 m/s, then / z is limited to ≤ 0.01 K/m. (3) If U ≥ 4 m/s, then σw ≥ 0.15 m/s. (4) σw ≤ σv

TABLE 5±1B.ÐUNSTABLE/CONVECTIVE METEOROLOGICAL MATRIX FOR CTSCREEN

Variable Specific values

U (m/s) ...... 1.0 2.0 3.0 4.0 5.0 ux (m/s) ...... 0.1 0.3 0.5 L (m) ...... ¥10 ¥50 ¥90 DU /Dz (K/m) 0.030 (potential temperature gradient above zi) zi (m) ...... 0.5h 1.0h 1.5h (where h = terrain height)

TABLE 5±2.ÐPREFERRED OPTIONS FOR THE SHORTZ/LONGZ COMPUTER CODES WHEN USED IN A SCREENING MODE

Option Selection

I Switch 9 ...... If using NWS data, set = 0, If using site-specific data, check with the Regional Of- fice. I Switch 17 ...... Set = 1 (urban option). GAMMA 1 ...... Use default values (0.6 entrainment coefficient). GAMMA 2 ...... Always default to ``stable''. XRY ...... Set = 0 (50m rectilinear expansion distance). NS, VS, FRQ (SHORTZ) (particle size, etc.) Do not use (applicable only in flat terrain). NUS, VS, FRQ (LONGZ) ALPHA ...... Select 0.9. SIGEPU (dispersion parameters) ..... Use Cramer curves (default); if site-specific turbulence data are available, see Re- gional Office for advice. SIGAPU P (wind profile) ...... Select default values given in Table 2±2 of User's Instructions; if site-specific data are available, see Regional Office for advice. 41848 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

TABLE 5±3.ÐPREFERRED OPTIONS FOR THE RTDM COMPUTER CODE WHEN USED IN A SCREENING MODE

Parameter Variable Value Remarks

PR001±003 ...... SCALE ...... Scale factors assuming horizontal distance is in kilometers, vertical distance is in feet, and wind speed is in meters per second. PR004 ...... ZWIND1 ...... Wind measurement height ...... See Section 5.2.1.4. ZWIND2 ...... Not used ...... Height of second anemometer. IDILUT ...... 1 ...... Dilution wind speed scaled to plume height. ZA ...... 0 (default) ...... Anemometer-terrain height above stack base. PR005 ...... EXPON ...... 0.09, 0.11, 0.12, 0.14, 0.2, 0.3 (de- Wind profile exponents. fault). PR006 ...... ICOEF ...... 3 (default) ...... Briggs Rural/ASME 139 dispersion parameters. PR009 ...... IPPP ...... 0 (default) ...... Partial plume penetration; not used. PR010 ...... IBUOY ...... 1 (default) ...... Buoyancy-enhanced dispersion is used. ALPHA ...... 3.162 (default) ...... Buoyancy-enhanced dispersion coefficient. PR011 ...... IDMX ...... 1 (default) ...... Unlimited mixing height for stable conditions. PR012 ...... ITRANS ...... 1 (default) ...... Transitional plume rise is used. PR013 ...... TERCOR ...... 6*0.5 (default) ...... Plume patch correction factors. PR014 ...... RVPTG ...... 0.02, 0.035 (default) ...... Vertical potential temperature gradient values for stabilities E and F. PR015 ...... ITIPD ...... 1 ...... Stack-tip downwash is used. PR020 ...... ISHEAR ...... 0 (default) ...... Wind shear; not used. PR022 ...... IREFL ...... 1 (default) ...... Partial surface reflection is used. PR023 ...... IHORIZ ...... 2 (default) ...... Sector averaging. SECTOR ...... 6*22.5 (default) ...... Using 22.5° sectors. PR016 to 019; 021; and IY, IZ, IRVPTG, 0 ...... Hourly values of turbulence, vertical potential tem- 024. IHVPTG; IEPS; IEMIS. perature gradient, wind speed profile expo- nents, and stack emissions are not used.

6.0 Models for Ozone, Carbon Monoxide developed. If site-specific conversion factors concentrations due to stationary sources of and Nitrogen Dioxide are not available or photochemical models VOC and NOX, whether for permitting or are not used, NO2 modeling should be other regulatory cases, the model user should 6.1 Discussion considered only a screening procedure. consult the appropriate Regional Office on a. Models discussed in this section are the acceptability of the modeling technique. applicable to pollutants often associated with 6.2 Recommendations e. Proportional (rollback/forward) mobile sources, e.g., ozone (O3), carbon 6.2.1 Models for Ozone modeling is not an acceptable procedure for monoxide (CO) and nitrogen dioxide (NO2). a. The Urban Airshed Model (UAM)19 28 is evaluating ozone control strategies. Where stationary sources of CO and NO2 are recommended for photochemical or reactive 6.2.2 Models for Carbon Monoxide of concern, the reader is referred to Sections pollutant modeling applications involving a. For analyzing CO impacts at roadway 4 and 5 entire urban areas. To ensure proper b. A control agency with jurisdiction over intersections, users should follow the execution of this numerical model, users procedures in the ‘‘Guideline for Modeling areas with significant ozone problems and must satisfy the extensive input data which has sufficient resources and data to Carbon Monoxide from Roadway requirements for the model as listed in 34 use a photochemical dispersion model is Intersections’’. The recommended model Appendix A and the users guide. Users are 35 encouraged to do so. Experience with and for such analyses is CAL3QHC. This model also referred to the ‘‘Guideline for Regulatory evaluations of the Urban Airshed Model combines CALINE3 (already in Appendix A) Application of the Urban Airshed Model’’ 29 show it to be an acceptable, refined with a traffic model to calculate delays and for additional data requirements and approach, and better data bases are becoming queues that occur at signalized intersections. procedures for operating this model. available that support the more sophisticated In areas where the use of either TEXIN2 or b. The empirical model, City-specific analytical procedures. However, empirical CALINE4 has previously been established, its EKMA,19 30±33 has limited applicability for models (e.g., EKMA) fill the gap between use may continue. The capability exists for urban ozone analyses. Model users should more sophisticated photochemical dispersion these intersection models to be used in either models and proportional (rollback) modeling consult the appropriate Regional Office on a a screening or refined mode. The screening techniques and may be the only applicable case-by-case basis concerning acceptability of approach is described in reference 34; a procedure if the available data bases are this modeling technique. refined approach may be considered on a insufficient for refined dispersion modeling. c. Appendix B contains some additional case-by-case basis. The latest version of the c. Models for assessing the impact of models that may be applied on a case-by-case MOBILE (mobile source emission factor) carbon monoxide emissions are needed for a basis for photochemical or reactive pollutant model should be used for emissions input to number of different purposes, e.g., to modeling. Other photochemical models, intersection models. evaluate the effects of point sources, including multi-layered trajectory models, b. For analyses of highways characterized congested intersections and highways, as that are available may be used if shown to by uninterrupted traffic flows, CALINE3 is well as the cumulative effect on ambient CO be appropriate. Most photochemical recommended, with emissions input from the concentrations of all sources of CO in an dispersion models require emission data on latest version of the MOBILE model. urban area.94 95 individual hydrocarbon species and may c. The recommended model for urban d. Nitrogen oxides are reactive and also an require three dimensional meteorological areawide CO analyses is RAM or Urban important contribution to the photochemical information on an hourly basis. Reasonably Airshed Model (UAM); see Appendix A. ozone problem. They are usually of most sophisticated computer facilities are also Information on SIP development and concern in areas of high ozone often required. Because the input data are not requirements for using these models can be concentrations. Unless suitable universally available and studies to collect found in references 34, 96, 97 and 98. photochemical dispersion models are used, such data are very resource intensive, there d. Where point sources of CO are of assumptions regarding the conversion of NO are only limited evaluations of those models. concern, they should be treated using the to NO2 are required when modeling. Site- d. For those cases which involve screening and refined techniques described specific conversion factors may be estimating the impact on ozone in Section 4 or 5 of the Guideline. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41849

6.2.3 Models for Nitrogen Dioxide (Annual D as representative of ‘‘neighborhood’’, recommended for general use. Existing data Average) ‘‘urban’’, or ‘‘regional’’ scales. Furthermore, bases from field studies at mesoscale and a. A tiered screening approach is the highest annual spatially averaged NO2/ long range transport distances are limited in recommended to obtain annual average NOX ratio from the most recent 3 years of detail. This limitation is a result of the complete data should be used to foster expense to perform the field studies required estimates of NO2 from point sources for New Source Review analysis, including PSD, and conservatism in estimated impacts. to verify and improve mesoscale and long for SIP planning purposes. This multi-tiered e. To demonstrate compliance with NO2 range transport models. Particularly approach is conceptually shown in Figure PSD increments in urban areas, emissions important and sparse are meteorological data 6–1 and described in paragraphs b and c of from major and minor sources should be adequate for generating three dimensional this section. Figure 6–1 is as follows: included in the modeling analysis. Point and wind fields. Application of models to area source emissions should be modeled as complicated terrain compounds the discussed above. If mobile source emissions difficulty. EPA has completed limited IGURE ULTI TIERED CREEN F 6±1.ÐM - S - do not contribute to localized areas of high evaluation of several long range transport ING APPROACH FOR ESTIMATING AN- ambient NO2 concentrations, they should be (LRT) models against two sets of field data. NUAL NO2 CONCENTRATIONS FROM modeled as area sources. When modeled as The evaluation results are discussed in the POINT SOURCES area sources, mobile source emissions should document, ‘‘Evaluation of Short-Term Long- be assumed uniform over the entire highway Range Transport Models.’’ 99 100 For the time link and allocated to each area source grid being, long range and mesoscale transport Tier 1: Assume Total Conversion of NO to models must be evaluated for regulatory use square based on the portion of highway link ↓ NO2 on a case-by-case basis. Tier 2: Multiply Annual NO Estimate by Em- within each grid square. If localized areas of X high concentrations are likely, then mobile d. There are several regulatory programs pirically Derived NO /NO Ratio. 2 X sources should be modeled as line sources for which air pathway analysis procedures with the preferred model ISCLT. and modeling techniques have been b. For Tier 1 (the initial screen), use an f. More refined techniques to handle developed. For continuous emission releases, appropriate Gaussian model from Appendix special circumstances may be considered on ISC forms the basis of many analytical A to estimate the maximum annual average a case-by-case basis and agreement with the techniques. EPA is continuing to evaluate the concentration and assume a total conversion reviewing authority should be obtained. Such performance of a number of proprietary and of NO to NO2. If the concentration exceeds techniques should consider individual public domain models for intermittent and the NAAQS and/or PSD increments for NO2, non-stack emission releases. Until EPA quantities of NO and NO2 emissions, proceed to the 2nd level screen. atmospheric transport and dispersion, and completes its evaluation, it is premature to c. For Tier 2 (2nd level) screening analysis, recommend specific models for air pathway atmospheric transformation of NO to NO2. multiply the Tier 1 estimate(s) by an Where they are available, site-specific data analyses of intermittent and non-stack empirically derived NO2/NOX value of 0.75 releases in the Guideline. 36 on the conversion of NO to NO2 may be used. (annual national default). An annual NO2/ Photochemical dispersion models, if used for e. Regional scale models are used by EPA NOX ratio differing from 0.75 may be used if other pollutants in the area, may also be to develop and evaluate national policy and it can be shown that such a ratio is based on applied to the NO problem. assist State and local control agencies. Two data likely to be representative of the X such models are the Regional Oxidant Model location(s) where maximum annual impact 7.0 Other Model Requirements (ROM) 101 102 103 and the Regional Acid 104 from the individual source under review 7.1 Discussion Deposition Model (RADM). Due to the occurs. In the case where several sources level of resources required to apply these contribute to consumption of a PSD a. This section covers those cases where models, it is not envisioned that regional specific techniques have been developed for increment, a locally derived annual NO2/ scale models will be used directly in most special regulatory programs. Most of the NOX ratio should also be shown to be model applications. representative of the location where the programs have, or will have when fully 7.2 Recommendations maximum collective impact from the new developed, separate guidance documents that plus existing sources occurs. cover the program and a discussion of the 7.2.1 Fugitive Dust/Fugitive Emissions tools that are needed. The following d. In urban areas, a proportional model a. Fugitive dust usually refers to the dust may be used as a preliminary assessment to paragraphs reference those guidance put into the atmosphere by the wind blowing evaluate control strategies to meet the documents, when they are available. No over plowed fields, dirt roads or desert or NAAQS for multiple minor sources, i.e. attempt has been made to provide a sandy areas with little or no vegetation. comprehensive discussion of each topic since minor point, area and mobile sources of NOX; Reentrained dust is that which is put into the concentrations resulting from major point the reference documents were designed to do air by reason of vehicles driving over dirt sources should be estimated separately as that. This section will undergo periodic roads (or dirty roads) and dusty areas. Such discussed above, then added to the impact of revision as new programs are added and new sources can be characterized as line, area or the minor sources. An acceptable screening techniques are developed. volume sources. Emission rates may be based technique for urban complexes is to assume b. Other Federal agencies have also on site-specific data or values from the that all NOX is emitted in the form of NO2 developed specific modeling approaches for general literature. and to use a model from Appendix A for their own regulatory or other requirements. b. Fugitive emissions are usually defined nonreactive pollutants to estimate NO2 An example of this is the three-volume as emissions that come from an industrial concentrations. A more accurate estimate can manual issued by the U. S. Department of source complex. They include the emissions be obtained by: (1) Calculating the annual Housing and Urban Development, ‘‘Air resulting from the industrial process that are average concentrations of NOX with an urban Quality Considerations in Residential not captured and vented through a stack but model, and (2) converting these estimates to Planning.’’ 37 Although such regulatory may be released from various locations NO2 concentrations using an empirically requirements and manuals may have come within the complex. Where such fugitive derived annual NO2/NOX ratio. A value of about because of EPA rules or standards, the emissions can be properly specified, the ISC 0.75 is recommended for this ratio. However, implementation of such regulations and the model, with consideration of gravitational a spatially averaged annual NO2/NOX ratio use of the modeling techniques is under the settling and dry deposition, is the may be determined from an existing air jurisdiction of the agency issuing the manual recommended model. In some unique cases quality monitoring network and used in lieu or directive. a model developed specifically for the of the 0.75 value if it is determined to be c. The need to estimate impacts at situation may be needed. representative of prevailing ratios in the distances greater than 50km (the nominal c. Due to the difficult nature of urban area by the reviewing agency. To distance to which EPA considers most characterizing and modeling fugitive dust ensure use of appropriate locally derived Gaussian models applicable) is an important and fugitive emissions, it is recommended annual NO2/NOX ratios, monitoring data one especially when considering the effects that the proposed procedure be cleared by under consideration should be limited to from secondary pollutants. Unfortunately, the appropriate Regional Office for each those collected at monitors meeting siting models submitted to EPA have not as yet specific situation before the modeling criteria defined in 40 CFR Part 58, Appendix undergone sufficient field evaluation to be exercise is begun. 41850 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

7.2.2 Particulate Matter the lead air quality standard but the use of states without approved visibility provisions a. The particulate matter NAAQS, a dispersion model is the preferred approach. in their SIPs. A monitoring plan was c promulgated on July 1, 1987 (52 FR 24634), Section 51.83 requires the analysis of an established as part of the FIPs. includes only particles with an aerodynamic entire urban area if the measured lead b. Guidance and a screening model, concentration in the urbanized area exceeds VISCREEN, is contained in the EPA diameter less than or equal to a nominal 10 µ micrometers (PM–10). EPA promulgated a quarterly (three month) average of 4.0 g/ document ‘‘Workbook for Plume Visual 3 43 regulations for PSD increments measured as m . Section 51.84 requires the use of a Impact Screening and Analysis (Revised).’’ PM–10 on June 3, 1993 (58 FR 31621), which dispersion model to demonstrate attainment VISCREEN can be used to calculate the are codified at §§ 51.166(c) and 52.21(c). of the lead air quality standard around potential impact of a plume of specified b. Screening techniques like those specified lead point sources. For other areas emissions for specific transport and identified in Section 4 are also applicable to reporting a violation of the lead standard, dispersion conditions. If a more PM–10 and to large particles. It is Section 51.85 requires an analysis of the area comprehensive analysis is required, any recommended that subjectively determined in the vicinity of the monitor reporting the refined model should be selected in values for ‘‘half-life’’ or pollutant decay not violation. The NAAQS for lead is a quarterly consultation with the EPA Regional Office be used as a surrogate for particle removal. (three month) average, thus requiring the use and the appropriate Federal Land Manager Conservative assumptions which do not of modeling techniques that can provide who is responsible for determining whether allow removal or transformation are long-term concentration estimates. there is an adverse effect by a plume on a suggested for screening. Proportional models b. The SIP should contain an air quality Class I area. (rollback/forward) may not be applied for analysis to determine the maximum quarterly c. PLUVUE II, listed in Appendix B, may screening analysis, unless such techniques lead concentration resulting from major lead be applied on a case-by-case basis when are used in conjunction with receptor point sources, such as smelters, gasoline refined plume visibility evaluations are additive plants, etc. For these applications needed. Plume visibility models have been modeling. 44, 45 c. Refined models such as those in Section the ISC model is preferred, since the model evaluated against several data sets. 4.0 are recommended for PM–10 and large can account for deposition of particles and 7.2.5 Good Engineering Practice Stack particles. However, where possible, particle the impact of fugitive emissions. If the source Height size, gas-to-particle formation, and their is located in complicated terrain or is subject a. The use of stack height credit in excess effect on ambient concentrations may be to unusual climatic conditions, a case- of Good Engineering Practice (GEP) stack considered. For urban-wide refined analyses specific review by the appropriate Regional height or credit resulting from any other CDM 2.0 (long term) or RAM (short term) Office may be required. dispersion technique is prohibited in the should be used. ISC is recommended for c. In modeling the effect of traditional line development of emission limitations by sources (such as a specific roadway or point sources of small particles and for §§ 51.118 and 51.164. The definitions of GEP highway) on lead air quality, dispersion source-specific analyses of complicated stack height and dispersion technique are models applied for other pollutants can be sources. No model recommended for general contained in § 51.100. Methods and used. Dispersion models such as CALINE3 use at this time accounts for secondary procedures for making the appropriate stack have been widely used for modeling carbon particulate formation or other height calculations, determining stack height monoxide emissions from highways. transformations in a manner suitable for SIP credits and an example of applying those However, where deposition is of concern, the control strategy demonstrations. Where techniques are found in references 46, 47, 48, line source treatment in ISC may be used. possible, the use of receptor and 49. Also, where there is a point source in the models 38 39 105 106 107 in conjunction with b. If stacks for new or existing major middle of a substantial road network, the dispersion models is encouraged to more sources are found to be less than the height lead concentrations that result from the road precisely characterize the emissions defined by EPA’s refined formula for network should be treated as background (see determining GEP height, d then air quality inventory and to validate source specific Section 9.2); the point source and any nearby impacts calculated by the dispersion model. impacts associated with cavity or wake 108 major roadways should be modeled effects due to the nearby building structures A SIP development guideline, model separately using the ISC model. reconciliation guidance,106 and an example should be determined. Detailed downwash d. To model an entire major urban area or 18 109 screening procedures for both the cavity model application are available to assist in to model areas without significant sources of PM–10 analyses and control strategy and wake regions should be followed. If more lead emissions, as a minimum a proportional refined concentration estimates are required, development. (rollback) model may be used for air quality d. Under certain conditions, recommended the Industrial Source Complex (ISC) model analysis. The rollback philosophy assumes contains algorithms for building wake dispersion models are not available or that measured pollutant concentrations are applicable. In such circumstances, the calculations and should be used. Fluid proportional to emissions. However, urban or modeling can provide a great deal of modeling approach should be approved by other dispersion models are encouraged in additional information for evaluating and the appropriate Regional Office on a case-by- these circumstances where the use of such describing the cavity and wake effects. case basis. For example, where there is no models is feasible. recommended air quality model and area 7.2.6 Long Range Transport (LRT) (i.e., e. For further information concerning the beyond 50km) sources are a predominant component of use of models in the development of lead a. Section 165(e) of the Clean Air Act PM–10, an attainment demonstration may be implementation plans, the documents based on rollback of the apportionment requires that suspected significant impacts ‘‘Supplementary Guidelines for Lead on PSD Class I areas be determined. derived from two reconciled receptor models, Implementation Plans,’’ 40 and ‘‘Updated if the strategy provides a conservative However, 50km is the useful distance to Information on Approval and Promulgation which most Gaussian models are considered demonstration of attainment. At this time, of Lead Implementation Plans,’’ 41 should be analyses involving model calculations for accurate for setting emission limits. Since in consulted. many cases PSD analyses may show that distances beyond 50km and under stagnation 7.2.4. Visibility conditions should also be justified on a case- Class I areas may be threatened at distances a. The visibility regulations as promulgated by-case basis (see Sections 7.2.6 and 8.2.10). greater than 50km from new sources, some in December 1980 b require consideration of e. As an aid to assessing the impact on procedure is needed to (1) determine if a the effect of new sources on the visibility ambient air quality of particulate matter significant impact will occur, and (2) identify values of Federal Class I areas. The state of generated from prescribed burning activities, the model to be used in setting an emission scientific knowledge concerning identifying, reference 110 is available. limit if the Class I increments are threatened monitoring, modeling, and controlling (models for this purpose should be approved 7.2.3 Lead visibility impairment is contained in an EPA for use on a case-by-case basis as required in a. The air quality analyses required for lead report ‘‘Protecting Visibility: An EPA Report Section 3.2). This procedure and the models implementation plans are given in §§ 51.83, to Congress’’.42 In 1985, EPA promulgated 51.84 and 51.85. Sections 51.83 and 51.85 Federal Implementation Plans (FIPs) for c § 51.300–307. require the use of a modified rollback model d The EPA refined formula height is defined as H as a minimum to demonstrate attainment of b § 51.300–307. + 1.5L (see Reference 46). Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41851 selected for use should be determined in analyses as noted in references 116–129. ISC concentration estimate should be considered consultation with the EPA Regional Office forms the basis of the modeling procedures the design value. This is because the length and the appropriate Federal Land Manager for air pathway analyses of many of these of the data record may be too short to assure (FLM). While the ultimate decision on regulatory programs and, where identified, is that the conditions producing worst-case whether a Class I area is adversely affected appropriate for obtaining refined ambient estimates have been adequately sampled. The is the responsibility of the permitting concentration estimates of neutrally buoyant highest value is then a surrogate for the authority, the FLM has an affirmative continuous air toxic releases from traditional concentration that is not to be exceeded more responsibility to protect air quality related sources. Appendix A to the Guideline than once per year (the wording of the values that may be affected. contains additional models appropriate for deterministic standards). Also, the highest b. If LRT is determined to be important, obtaining refined estimates of continuous air concentration should be used whenever then estimates utilizing an appropriate toxic releases from traditional sources. selected worst-case conditions are input to a refined model for receptors at distances Appendix B contains models that may be screening technique. This specifically applies greater than 50 km should be obtained. used on a case-by-case basis for obtaining to the use of techniques such as outlined in MESOPUFF II, listed in Appendix B, may be refined estimates of denser-than-air ‘‘Screening Procedures for Estimating the Air applied on a case-by-case basis when LRT intermittent gaseous releases, e.g., Quality Impact of Stationary Sources, estimates are needed. Additional information DEGADIS; 130 guidance for the use of such Revised’’.18 Specific guidance for CO may be on applying this model is contained in the models is also available.131 found in the ‘‘Guideline for Modeling Carbon EPA document ‘‘A Modeling Protocol For c. Many air toxics models require input of Monoxide from Roadway Intersections’’.34 Applying MESOPUFF II to Long Range chemical properties and/or chemical d. If the controlling concentration is an Transport Problems’’.111 engineering variables in order to annual average value and multiple years of 7.2.7 Modeling Guidance for Other appropriately characterize the source data (on-site or NWS) are used, then the Governmental Programs emissions prior to dispersion in the design value is the highest of the annual atmosphere; reference 132 is one source of averages calculated for the individual years. a. When using the models recommended or helpful data. In addition, EPA has numerous If the controlling concentration is a quarterly discussed in the Guideline in support of programs to determine emission factors and average and multiple years are used, then the programmatic requirements not specifically other estimates of air toxic emissions. The highest individual quarterly average should covered by EPA regulations, the model user Regional Office should be consulted for be considered the design value. should consult the appropriate Federal or guidance on appropriate emission estimating e. As long a period of record as possible State agency to ensure the proper application procedures and any uncertainties that may be should be used in making estimates to and use of that model. For modeling associated with them. determine design values and PSD associated with PSD permit applications that 8.0 General Modeling Considerations increments. If more than 1 year of site- involve a Class I area, the appropriate Federal specific data is available, it should be used. Land Manager should be consulted on all 8.1 Discussion modeling questions. 8.2.1.2 Design Concentrations for Criteria b. The Offshore and Coastal Dispersion a. This section contains recommendations Pollutants With Expected Exceedance (OCD) model 112 was developed by the concerning a number of different issues not Standards Minerals Management Service and is explicitly covered in other sections of this a. Specific instructions for the recommended for estimating air quality guide. The topics covered here are not determination of design concentrations for impact from offshore sources on onshore, flat specific to any one program or modeling area criteria pollutants with expected exceedance terrain areas. The OCD model is not but are common to nearly all modeling standards, ozone and PM–10, are contained recommended for use in air quality impact analyses. in special guidance documents for the assessments for onshore sources. Sources 8.2 Recommendations preparation of SIPs for those pollutants.86 108 located on or just inland of a shoreline where For all SIP revisions the user should check 8.2.1 Design Concentrations fumigation is expected should be treated in with the Regional Office to obtain the most accordance with Section 8.2.9. 8.2.1.1 Design Concentrations for Criteria recent guidance documents and policy c. The Emissions and Dispersion Modeling Pollutants With Deterministic Standards memoranda concerning the pollutant in System (EDMS) 113 was developed by the question. Federal Aviation Administration and the a. An air quality analysis for SO2, CO, Pb, United States Air Force and is recommended and NO2 is required to determine if the 8.2.2 Critical Receptor Sites for air quality assessment of primary source will (1) Cause a violation of the a. Receptor sites for refined modeling pollutant impacts at airports or air bases. NAAQS, or (2) cause or contribute to air should be utilized in sufficient detail to Regulatory application of EDMS is intended quality deterioration greater than the estimate the highest concentrations and for estimating the cumulative effect of specified allowable PSD increment. For the possible violations of a NAAQS or a PSD changes in aircraft operations, point source, former, background concentration (see increment. In designing a receptor network, and mobile source emissions on pollutant Section 9.2) should be added to the estimated the emphasis should be placed on receptor concentrations. It is not intended for PSD, impact of the source to determine the design resolution and location, not total number of SIP, or other regulatory air quality analyses concentration. For the latter, the design receptors. The selection of receptor sites of point or mobile sources at or peripheral to concentration includes impact from all should be a case-by-case determination airport property that are independent of increment consuming sources. taking into consideration the topography, the changes in aircraft operations. If changes in b. If the air quality analyses are conducted climatology, monitor sites, and the results of other than aircraft operations are associated using the period of meteorological input data the initial screening procedure. For large with analyses, a model recommended in recommended in Section 9.3.1.2 (e.g., 5 years sources (those equivalent to a 500MW power Chapter 4, 5, or 6 should be used. of NWS data or 1 year of site-specific data), plant) and where violations of the NAAQS or then the design concentration based on the PSD increment are likely, 360 receptors for 7.2.8 Air Pathway Analyses (Air Toxics and highest, second-highest short term Hazardous Waste) a polar coordinate grid system and 400 concentration or long term average, receptors for a rectangular grid system, where a. Modeling is becoming an increasingly whichever is controlling, should be used to the distance from the source to the farthest important tool for regulatory control agencies determine emission limitations to assess receptor is 10km, are usually adequate to to assess the air quality impact of releases of compliance with the NAAQS and to identify areas of high concentration. toxics and hazardous waste materials. determine PSD increments. Additional receptors may be needed in the 114 115 Appropriate screening techniques for c. When sufficient and representative data high concentration location if greater calculating ambient concentrations due to exist for less than a 5-year period from a resolution is indicated by terrain or source various well-defined neutrally buoyant toxic/ nearby NWS site, or when on-site data have factors. hazardous pollutant releases are available. been collected for less than a full continuous b. Several regulatory programs within EPA year, or when it has been determined that the 8.2.3 Dispersion Coefficients have developed modeling techniques and on site data may not be temporally a. Gaussian models used in most guidance for conducting air pathway representative, then the highest applications should employ dispersion 41852 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations coefficients consistent with those contained calculating the effects of building wakes. The (ISC) contains a settling and deposition in the preferred models in Appendix A. building wake algorithm in the ISC model algorithm and is recommended for use when Factors such as averaging time, urban/rural incorporates and automatically (i.e., particulate matter sources can be quantified surroundings, and type of source (point vs. internally) exercises the gradual plume rise and settling and deposition are problems. line) may dictate the selection of specific calculations. If the building wake is 8.2.8 Urban/Rural Classification coefficients. Generally, coefficients used in calculated to affect the plume for any hour, Appendix A models are identical to, or at gradual plume rise is also used in downwind a. The selection of either rural or urban least based on, Pasquill-Gifford coefficients 50 dispersion calculations to the distance of dispersion coefficients in a specific in rural areas and McElroy-Pooler 51 final plume rise, after which final plume rise application should follow one of the 59 coefficients in urban areas. is used. procedures suggested by Irwin and briefly b. Research is continuing toward the c. Stack tip downwash generally occurs described below. These include a land use development of methods to determine with poorly constructed stacks and when the classification procedure or a population dispersion coefficients directly from ratio of the stack exit velocity to wind speed based procedure to determine whether the measured or observed variables.52 53 No is small. An algorithm developed by Briggs character of an area is primarily urban or method to date has proved to be widely (Hanna et al.) 57 is the recommended rural. applicable. Thus, direct measurement, as technique for this situation and is found in b. Land Use Procedure: (1) Classify the well as other dispersion coefficients related the point source preferred models. land use within the total area, Ao, to distance and stability, may be used in d. Where aerodynamic downwash occurs circumscribed by a 3km radius circle about Gaussian modeling only if a demonstration due to the adverse influence of nearby the source using the meteorological land use 60 can be made that such parameters are more structures, the algorithms included in the ISC typing scheme proposed by Auer ; (2) if applicable and accurate for the given model 58 should be used. land use types I1, I2, C1, R2, and R3 account for 50 percent or more of Ao, use urban situation than are algorithms contained in the 8.2.6 Chemical Transformation preferred models. dispersion coefficients; otherwise, use c. Buoyancy-induced dispersion (BID), as a. The chemical transformation of SO2 appropriate rural dispersion coefficients. identified by Pasquill,54 is included in the emitted from point sources or single c. Population Density Procedure: (1) preferred models and should be used where industrial plants in rural areas is generally Compute the average population density, p¯ buoyant sources, e.g., those involving fuel assumed to be relatively unimportant to the per square kilometer with Ao as defined 2 combustion, are involved. estimation of maximum concentrations when above; (2) If p¯ is greater than 750 people/km , travel time is limited to a few hours. use urban dispersion coefficients; otherwise 8.2.4 Stability Categories However, in urban areas, where synergistic use appropriate rural dispersion coefficients. a. The Pasquill approach to classifying effects among pollutants are of considerable d. Of the two methods, the land use stability is generally required in all preferred consequence, chemical transformation rates procedure is considered more definitive. models (Appendix A). The Pasquill method, may be of concern. In urban area Population density should be used with as modified by Turner,55 was developed for applications, a half-life of 4 hours 55 may be caution and should not be applied to highly use with commonly observed meteorological applied to the analysis of SO2 emissions. industrialized areas where the population data from the National Weather Service and Calculations of transformation coefficients density may be low and thus a rural is based on cloud cover, insolation and wind from site-specific studies can be used to classification would be indicated, but the speed. define a ‘‘half-life’’ to be used in a Gaussian area is sufficiently built-up so that the urban b. Procedures to determine Pasquill model with any travel time, or in any land use criteria would be satisfied. In this stability categories from other than NWS data application, if appropriate documentation is case, the classification should already be are found in subsection 9.3. Any other provided. Such conversion factors for ‘‘urban’’ and urban dispersion parameters method to determine Pasquill stability pollutant half-life should not be used with should be used. categories must be justified on a case-by-case screening analyses. e. Sources located in an area defined as basis. b. Complete conversion of NO to NO2 urban should be modeled using urban c. For a given model application where should be assumed for all travel time when dispersion parameters. Sources located in stability categories are the basis for selecting simple screening techniques are used to areas defined as rural should be modeled dispersion coefficients, both σy and σz should model point source emissions of nitrogen using the rural dispersion parameters. For be determined from the same stability oxides. If a Gaussian model is used, and data analyses of whole urban complexes, the category. ‘‘Split sigmas’’ in that instance are are available on seasonal variations in entire area should be modeled as an urban not recommended. maximum ozone concentrations, the Ozone region if most of the sources are located in d. Sector averaging, which eliminates the Limiting Method 36 is recommended. In areas classified as urban. σ y term, is generally acceptable only to refined analyses, case-by case conversion 8.2.9 Fumigation determine long term averages, such as rates based on technical studies appropriate seasonal or annual, and when the to the site in question may be used. The use a. Fumigation occurs when a plume (or meteorological input data are statistically of more sophisticated modeling techniques multiple plumes) is emitted into a stable summarized as in the STAR summaries. should be justified for individual cases. layer of air and that layer is subsequently Sector averaging is, however, commonly c. Use of models incorporating complex mixed to the ground either through acceptable in complex terrain screening chemical mechanisms should be considered convective transfer of heat from the surface methods. only on a case-by-case basis with proper or because of advection to less stable surroundings. Fumigation may cause 8.2.5 Plume Rise demonstration of applicability. These are generally regional models not designed for excessively high concentrations but is 56 57 a. The plume rise methods of Briggs the evaluation of individual sources but used usually rather short-lived at a given receptor. are incorporated in the preferred models and primarily for region-wide evaluations. There are no recommended refined are recommended for use in all modeling Visibility models also incorporate chemical techniques to model this phenomenon. There applications. No provisions in these models transformation mechanisms which are an are, however, screening procedures (see are made for fumigation or multistack plume integral part of the visibility model itself and ‘‘Screening Procedures for Estimating the Air 18 rise enhancement or the handling of such should be used in visibility assessments. Quality Impact of Stationary Sources’’ ) that special plumes as flares; these problems may be used to approximate the should be considered on a case-by-case basis. 8.2.7 Gravitational Settling and Deposition concentrations. Considerable care should be b. Since there is insufficient information to a. An ‘‘infinite half-life’’ should be used for exercised in using the results obtained from identify and quantify dispersion during the estimates of particle concentrations when the screening techniques. transitional plume rise period, gradual plume Gaussian models containing only exponential b. Fumigation is also an important rise is not generally recommended for use. decay terms for treating settling and phenomenon on and near the shoreline of There are two exceptions where the use of deposition are used. bodies of water. This can affect both gradual plume rise is appropriate: (1) In b. Gravitational settling and deposition individual plumes and area-wide emissions. complex terrain screening procedures to may be directly included in a model if either When fumigation conditions are expected to determine close-in impacts; (2) when is a significant factor. One preferred model occur from a source or sources with tall Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41853 stacks located on or just inland of a This section attempts to minimize the data on source characteristics and operating shoreline, this should be addressed in the air uncertainty associated with data base conditions that may be needed. Generally, quality modeling analysis. The Shoreline selection and use by identifying requirements input data requirements for air quality Dispersion Model (SDM) listed in Appendix for data used in modeling. A checklist of models necessitate the use of metric units; B may be applied on a case-by-case basis input data requirements for modeling where English units are common for when air quality estimates under shoreline analyses is included as Appendix C. More engineering usage, a conversion to metric is fumigation conditions are needed.133 specific data requirements and the format required. Information on the results of EPA’s required for the individual models are b. Plant layout. The connection scheme evaluation of this model together with other described in detail in the users’ guide for between boilers and stacks, and the distance coastal fumigation models may be found in each model. and direction between stacks, building reference 134. Selection of the appropriate parameters (length, width, height, location model for applications where shoreline 9.1 Source Data and orientation relative to stacks) for plant fumigation is of concern should be 9.1.1 Discussion structures which house boilers, control determined in consultation with the Regional a. Sources of pollutants can be classified as equipment, and surrounding buildings Office. point, line and area/volume sources. Point within a distance of approximately five stack 8.2.10 Stagnation sources are defined in terms of size and may heights. vary between regulatory programs. The line c. Stack parameters. For all stacks, the a. Stagnation conditions are characterized stack height and inside diameter (meters), by calm or very low wind speeds, and sources most frequently considered are roadways and streets along which there are and the temperature (K) and volume flow rate variable wind directions. These stagnant (actual cubic meters per second) or exit gas meteorological conditions may persist for well-defined movements of motor vehicles, but they may be lines of roof vents or stacks velocity (meters per second) for operation at several hours to several days. During 100 percent, 75 percent and 50 percent load. stagnation conditions, the dispersion of air such as in aluminum refineries. Area and volume sources are often collections of a d. Boiler size. For all boilers, the associated pollutants, especially those from low-level multitude of minor sources with individually megawatts, 106 BTU/hr, and pounds of steam emissions sources, tends to be minimized, small emissions that are impractical to per hour, and the design and/or actual fuel potentially leading to relatively high ground- consider as separate point or line sources. consumption rate for 100 percent load for level concentrations. Large area sources are typically treated as a coal (tons/hour), oil (barrels/hour), and b. When stagnation periods such as these grid network of square areas, with pollutant natural gas (thousand cubic feet/hour). are found to occur, they should be addressed emissions distributed uniformly within each e. Boiler parameters. For all boilers, the in the air quality modeling analysis. grid square. percent excess air used, the boiler type (e.g., WYNDvalley, listed in Appendix B, may be b. Emission factors are compiled in an EPA wet bottom, cyclone, etc.), and the type of applied on a case-by-case basis for stagnation publication commonly known as AP–42 62; firing (e.g., pulverized coal, front firing, etc.). periods of 24 hours or longer in valley-type an indication of the quality and amount of f. Operating conditions. For all boilers, the situations. Caution should be exercised when data on which many of the factors are based type, amount and pollutant contents of fuel, applying the model to elevated point sources. is also provided. Other information the total hours of boiler operation and the Users should consult with the appropriate concerning emissions is available in EPA boiler capacity factor during the year, and the Regional Office prior to regulatory publications relating to specific source percent load for peak conditions. application of WYNDvalley. categories. The Regional Office should be g. Pollution control equipment parameters. 8.2.11 Calibration of Models consulted to determine appropriate source For each boiler served and each pollutant a. Calibration of long term multi-source definitions and for guidance concerning the affected, the type of emission control models has been a widely used procedure determination of emissions from and equipment, the year of its installation, its even though the limitations imposed by techniques for modeling the various source design efficiency and mass emission rate, the statistical theory on the reliability of the types. data of the last test and the tested efficiency, calibration process for long term estimates 9.1.2 Recommendations the number of hours of operation during the latest year, and the best engineering estimate are well known.61 In some cases, where a a. For point source applications the load or more accurate model is not available, of its projected efficiency if used in operating condition that causes maximum conjunction with coal combustion; data for calibration may be the best alternative for ground-level concentrations should be improving the accuracy of the estimated any anticipated modifications or additions. established. As a minimum, the source h. Data for new boilers or stacks. For all concentrations needed for control strategy should be modeled using the design capacity evaluations. new boilers and stacks under construction (100 percent load). If a source operates at and for all planned modifications to existing b. Calibration of short term models is not greater than design capacity for periods that common practice and is subject to much boilers or stacks, the scheduled date of could result in violations of the standards or completion, and the data or best estimates greater error and misunderstanding. There e PSD increments, this load should be available for paragraphs b through g of this have been attempts by some to compare short modeled. Where the source operates at term estimates and measurements on an section above following completion of substantially less than design capacity, and construction or modification. event-by-event basis and then to calibrate a the changes in the stack parameters model with results of that comparison. This i. In stationary point source applications associated with the operating conditions for compliance with short term ambient approach is severely limited by uncertainties could lead to higher ground level in both source and meteorological data and standards, SIP control strategies should be concentrations, loads such as 50 percent and tested using the emission input shown on therefore it is difficult to precisely estimate 75 percent of capacity should also be the concentration at an exact location for a Table 9–1. When using a refined model, modeled. A range of operating conditions sources should be modeled sequentially with specific increment of time. Such should be considered in screening analyses; uncertainties make calibration of short term these loads for every hour of the year. To the load causing the highest concentration, in evaluate SIPs for compliance with quarterly models of questionable benefit. Therefore, addition to the design load, should be short term model calibration is unacceptable. and annual standards, emission input data included in refined modeling. For a power shown in Table 9–1 should again be used. 9.0 Model Input Data plant, the following paragraphs b through h Emissions from area sources should generally a. Data bases and related procedures for of this section describe the typical kind of be based on annual average conditions. The estimating input parameters are an integral source input information in each model part of the modeling procedure. The most e Malfunctions which may result in excess user’s guide should be carefully consulted appropriate data available should always be emissions are not considered to be a normal and the checklist in Appendix C should also selected for use in modeling analyses. operating condition. They generally should not be be consulted for other possible emission data considered in determining allowable emissions. Concentrations can vary widely depending However, if the excess emissions are the result of that could be helpful. PSD NAAQS on the source data or meteorological data poor maintenance, careless operation, or other compliance demonstrations should follow used. Input data are a major source of preventable conditions, it may be necessary to the emission input data shown in Table 9– inconsistencies in any modeling analysis. consider them in determining source impact. 2. For purposes of emissions trading, new 41854 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations source review and demonstrations, refer to for modeling mobile sources of pollution are treated. For new sources the impact of current EPA policy and guidance to establish provided in the user’s manuals for each of growth on emissions should generally be input data. the models applicable to mobile sources. considered for the period prior to the start- j. Line source modeling of streets and k. The impact of growth on emissions up date for the source. Such changes in highways requires data on the width of the should be considered in all modeling emissions should treat increased area source roadway and the median strip, the types and analyses covering existing sources. Increases emissions, changes in existing point source amounts of pollutant emissions, the number in emissions due to planned expansion or of lanes, the emissions from each lane and planned fuel switches should be identified. emissions which were not subject to the height of emissions. The location of the Increases in emissions at individual sources preconstruction review, and emissions due to ends of the straight roadway segments should that may be associated with a general sources with permits to construct that have be specified by appropriate grid coordinates. industrial/commercial/residential expansion not yet started operation. Detailed information and data requirements in multi-source urban areas should also be

TABLE 9±1.Ð MODEL EMISSION INPUT DATA FOR POINT SOURCES 1

# 2 × 2 × Operating factor (e.g., hr/yr, Averaging time Emission limit ( /MMBtu) Operating level (MMBtu/hr) hr/day)

Stationary Point Source(s) Subject to SIP Emission Limit(s) Evaluation for Compliance with Ambient Standards (Including Areawide Demonstrations)

Annual & quarterly ...... Maximum allowable emis- Actual or design capacity Actual operating factor aver- sion limit or federally en- (whichever is greater), or aged over most recent 2 forceable permit limit. federally enforceable per- years.3 mit condition. Short term ...... Maximum allowable emis- Actual or design capacity Continuous operation, i.e., sion limit or federally en- (whichever is greater), or all hours of each time pe- forceable permit limit. federally enforceable per- riod under consideration mit condition 4. (for all hours of the mete- orological data base).5

Nearby Background Source(s) Same input requirements as for stationary point source(s) above.

Other Background Source(s) If modeled (see Section 9.2.3), input data requirements are defined below.

Annual & quarterly ...... Maximum allowable emis- Annual level when actually Actual operating factor aver- sion limit or federal en- operating, averaged over aged over the most re- forceable permit limit. the most recent 2 years 3. cent 2 years.3 Short term ...... Maximum allowable emis- Annual level when actually Continuous operation, i.e., sion limit or federally en- operating, averaged over all hours of each time pe- forceable permit limit. the most recent 2 years 3. riod under consideration (for all hours of the mete- orological data base).5 1 The model input data requirements shown on this table apply to stationary source control strategies for STATE IMPLEMENTATION PLANS. For purposes of emissions trading, new source review, or prevention of significant deterioration, other model input criteria may apply. Refer to the policy and guidance for these programs to establish the input data. 2 Terminology applicable to fuel burning sources; analogous terminology (e.g., #/throughput) may be used for other types of sources. 3 Unless it is determined that this period is not representative. 4 Operating levels such as 50 percent and 75 percent of capacity should also be modeled to determine the load causing the highest concentra- tion. 5 If operation does not occur for all hours of the time period of consideration (e.g., 3 or 24 hours) and the source operation is constrained by a federally enforceable permit condition, an appropriate adjustment to the modeled emission rate may be made (e.g., if operation is only 8:00 a.m. to 4:00 p.m. each day, only these hours will be modeled with emissions from the source. Modeled emissions should not be averaged across non-operating time periods.)

TABLE 9±2.ÐPOINT SOURCE MODEL INPUT DATA (EMISSIONS) FOR PSD NAAQS COMPLIANCE DEMONSTRATIONS

# 1 × 1 × Operating factor (e.g., hr/yr, Averaging time Emission limit ( /MMBtu) Operating level (MMBtu/hr) hr/day)

Proposed Major New or Modified Source

Annual & quarterly ...... Maximum allowable emis- Design capacity or federally Continuous operation (i.e., sion limit or federally en- enforceable permit condi- 8760 hours).2 forceable permit limit. tion. Short term (≤ 24 hours) ...... Maximum allowable emis- Design capacity or federally Continuous operation (i.e., sion limit or federally en- enforceable permit condi- all hours of each time pe- forceable permit limit. tion.3 riod under consideration) (for all hours of the mete- orological data base).2 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41855

TABLE 9±2.ÐPOINT SOURCE MODEL INPUT DATA (EMISSIONS) FOR PSD NAAQS COMPLIANCE DEMONSTRATIONSÐ Continued

# 1 × 1 × Operating factor (e.g., hr/yr, Averaging time Emission limit ( /MMBtu) Operating level (MMBtu/hr) hr/day)

Nearby Background Source(s) 4

Annual & quarterly ...... Maximum allowable emis- Actual or design capacity Actual operating factor aver- sion limit or federally en- (whichever is greater), or aged over the most re- forceable permit limit. federally enforceable per- cent 2 years.5 7 mit condition. Short term (≤ 24 hours) ...... Maximum allowable emis- Actual or design capacity Continuous operation (i.e., sion limit or federally en- (whichever is greater), or all hours of each time pe- forceable permit limit. federally enforceable per- riod under consideration) mit condition.3 (for all hours of the mete- orological data base).2

Other Background Source(s) 6

Annual & quarterly ...... Maximum allowable emis- Annual level when actually Actual operating factor aver- sion limit or federally en- operating, averaged over aged over the most re- forceable permit limit. the most recent 2 years.5 cent 2 years.5 7 Short term (≤ 24 hours) ...... Maximum allowable emis- Annual level when actually Continuous operation (i.e., sion limit or federally en- operating, averaged over all hours of each time pe- forceable permit limit. the most recent 2 years.5 riod under consideration) (for all hours of the mete- orological data base).2 1 Terminology applicable to fuel burning sources; analogous terminology (e.g., #/throughput) may be used for other types of sources. 2 If operation does not occur for all hours of the time period of consideration (e.g., 3 or 24 hours) and the source operation is constrained by a federally enforceable permit condition, an appropriate adjustment to the modeled emission rate may be made (e.g., if operation is only 8:00 a.m. to 4:00 p.m. each day, only these hours will be modeled with emissions from the source. Modeled emissions should not be averaged across non-operating time periods. 3 Operating levels such as 50 percent and 75 percent of capacity should also be modeled to determine the load causing the highest concentra- tion. 4 Includes existing facility to which modification is proposed if the emissions from the existing facility will not be affected by the modification. Otherwise use the same parameters as for major modification. 5 Unless it is determined that this period is not representative. 6 Generally, the ambient impacts from non-nearby background sources can be represented by air quality data unless adequate data do not exist. 7 For those permitted sources not yet in operation or that have not established an appropriate factor, continuous operation (i.e., 8760 hours) should be used.

9.2 Background Concentrations background concentration near isolated ‘‘regional site’’ is one that is located away 9.2.1 Discussion sources. from the area of interest but is impacted by b. Use air quality data collected in the similar natural and distant man-made a. Background concentrations are an vicinity of the source to determine the sources. essential part of the total air quality background concentration for the averaging 9.2.3 Recommendations (Multi-Source concentration to be considered in f times of concern. Determine the mean Areas) determining source impacts. Background air background concentration at each monitor by quality includes pollutant concentrations due excluding values when the source in a. In multi-source areas, two components to: (1) natural sources; (2) nearby sources question is impacting the monitor. The mean of background should be determined. other than the one(s) currently under annual background is the average of the b. Nearby Sources: All sources expected to consideration; and (3) unidentified sources. annual concentrations so determined at each cause a significant concentration gradient in b. Typically, air quality data should be monitor. For shorter averaging periods, the the vicinity of the source or sources under used to establish background concentrations meteorological conditions accompanying the consideration for emission limit(s) should be in the vicinity of the source(s) under concentrations of concern should be explicitly modeled. For evaluation for consideration. The monitoring network used identified. Concentrations for meteorological compliance with the short term and annual for background determinations should conditions of concern, at monitors not ambient standards, the nearby sources should conform to the same quality assurance and impacted by the source in question, should be modeled using the emission input data other requirements as those networks be averaged for each separate averaging time shown in Table 9–1 or 9–2. The number of established for PSD purposes.63 An to determine the average background value. such sources is expected to be small except appropriate data validation procedure should Monitoring sites inside a 90° sector in unusual situations. The nearby source be applied to the data prior to use. downwind of the source may be used to inventory should be determined in c. If the source is not isolated, it may be determine the area of impact. One hour consultation with the reviewing authority. It necessary to use a multi-source model to concentrations may be added and averaged to is envisioned that the nearby sources and the establish the impact of nearby sources. determine longer averaging periods. sources under consideration will be Background concentrations should be c. If there are no monitors located in the evaluated together using an appropriate determined for each critical (concentration) vicinity of the source, a ‘‘regional site’’ may Appendix A model. averaging time. be used to determine background. A c. The impact of the nearby sources should be examined at locations where interactions 9.2.2 Recommendations (Isolated Single between the plume of the point source under Source) f For purposes of PSD, the location of monitors as well as data quality assurance procedures must consideration and those of nearby sources a. Two options (paragraph b or c of this satisfy requirements listed in the PSD Monitoring (plus natural background) can occur. section) are available to determine the Guidelines. 63 Significant locations include: (1) the area of 41856 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations maximum impact of the point source; (2) the period of meteorological data from one actual anemometer height should be used as area of maximum impact of nearby sources; station. This study indicated that the input to the preferred model. and (3) the area where all sources combine variability of model estimates due to the c. National Weather Service wind to cause maximum impact. These locations meteorological data input was adequately directions are reported to the nearest 10 may be identified through trial and error reduced if a 5-year period of record of degrees. A specific set of randomly generated analyses. meteorological input was used. numbers has been developed for use with the d. Other Sources: That portion of the 9.3.1.2 Recommendations preferred EPA models and should be used to background attributable to all other sources ensure a lack of bias in wind direction (e.g., natural sources, minor sources and a. Five years of representative assignments within the models. distant major sources) should be determined meteorological data should be used when d. Data from universities, FAA, military by the procedures found in Section 9.2.2 or estimating concentrations with an air quality stations, industry and pollution control by application of a model using Table 9–1 or model. Consecutive years from the most agencies may be used if such data are 9–2. recent, readily available 5-year period are equivalent in accuracy and detail to the NWS preferred. The meteorological data may be data. 9.3 Meteorological Input Data data collected either onsite or at the nearest a. The meteorological data used as input to National Weather Service (NWS) station. If 9.3.3 Site-Specific Data a dispersion model should be selected on the the source is large, e.g., a 500MW power 9.3.3.1 Discussion basis of spatial and climatological (temporal) plant, the use of 5 years of NWS meteorological data or at least 1 year of site- a. Spatial or geographical representativeness as well as the ability of representativeness is best achieved by the individual parameters selected to specific data is required. b. If one year or more, up to five years, of collection of all of the needed model input characterize the transport and dispersion data at the actual site of the source(s). Site- conditions in the area of concern. The site-specific data is available, these data are specific measured data are therefore representativeness of the data is dependent preferred for use in air quality analyses. Such preferred as model input, provided on: (1) the proximity of the meteorological data should have been subjected to quality appropriate instrumentation and quality monitoring site to the area under assurance procedures as described in Section assurance procedures are followed and that consideration; (2) the complexity of the 9.3.3.2. the data collected are representative (free terrain; (3) the exposure of the meteorological c. For permitted sources whose emission from undue local or ‘‘micro’’ influences) and monitoring site; and (4) the period of time limitations are based on a specific year of compatible with the input requirements of during which data are collected. The spatial meteorological data that year should be the model to be used. However, direct representativeness of the data can be added to any longer period being used (e.g., measurements of all the needed model input adversely affected by large distances between 5 years of NWS data) when modeling the the source and receptors of interest and the facility at a later time. parameters may not be possible. This section discusses suggestions for the collection and complex topographic characteristics of the 9.3.2 National Weather Service Data area. Temporal representativeness is a use of on-site data. Since the methods function of the year-to-year variations in 9.3.2.1 Discussion outlined in this section are still being tested, weather conditions. a. The National Weather Service (NWS) comparison of the model parameters derived b. Model input data are normally obtained meteorological data are routinely available using these site-specific data should be either from the National Weather Service or and familiar to most model users. Although compared at least on a spot-check basis, with as part of an on-site measurement program. the NWS does not provide direct parameters derived from more conventional Local universities, Federal Aviation measurements of all the needed dispersion observations. Administration (FAA), military stations, model input variables, methods have been 9.3.3.2 Recommendations: Site-specific industry and pollution control agencies may developed and successfully used to translate Data Collection also be sources of such data. Some the basic NWS data to the needed model a. The document ‘‘On-Site Meteorological recommendations for the use of each type of input. Direct measurements of model input Program Guidance for Regulatory Modeling data are included in this section 9.3. parameters have been made for limited Applications’’66 provides recommendations model studies and those methods and 9.3.1 Length of Record of Meteorological on the collection and use of on-site techniques are becoming more widely Data meteorological data. Recommendations on applied; however, most model applications characteristics, siting, and exposure of 9.3.1.1 Discussion still rely heavily on the NWS data. meteorological instruments and on data a. The model user should acquire enough b. There are two standard formats of the recording, processing, completeness meteorological data to ensure that worst-case NWS data for use in air quality models. The requirements, reporting, and archiving are meteorological conditions are adequately short term models use the standard hourly also included. This publication should be represented in the model results. The trend weather observations available from the used as a supplement to the limited guidance National Climatic Data Center (NCDC). These toward statistically based standards suggests on these subjects now found in the ‘‘Ambient observations are then ‘‘preprocessed’’ before a need for all meteorological conditions to be Monitoring Guidelines for Prevention of they can be used in the models. ‘‘STAR’’ adequately represented in the data set Significant Deterioration’’.63 Detailed summaries are available from NCDC for long selected for model input. The number of information on quality assurance is provided term model use. These are joint frequency years of record needed to obtain a stable in the ‘‘Quality Assurance Handbook for Air distributions of wind speed, direction and distribution of conditions depends on the Pollution Measurement Systems: Volume P–G stability category. They are used as variable being measured and has been IV’’.67 As a minimum, site-specific direct input to models such as the long term estimated by Landsberg and Jacobs 64 for measurements of ambient air temperature, version of ISC.58 various parameters. Although that study transport wind speed and direction, and the indicates in excess of 10 years may be 9.3.2.2 Recommendations parameters to determine Pasquill-Gifford required to achieve stability in the frequency a. The preferred short term models listed (P–G) stability categories should be available distributions of some meteorological in Appendix A all accept as input the NWS in meteorological data sets to be used in variables, such long periods are not meteorological data preprocessed into model modeling. Care should be taken to ensure reasonable for model input data. This is due compatible form. Long-term (monthly that meteorological instruments are located in part to the fact that hourly data in model seasonal or annual) preferred models use to provide representative characterization of input format are frequently not available for NWS ‘‘STAR’’ summaries. Summarized pollutant transport between sources and such periods and that hourly calculations of concentration estimates from the short term receptors of interest. The Regional Office will concentration for long periods are models may also be used to develop long- determine the appropriateness of the prohibitively expensive. A recent study 65 term averages; however, concentration measurement locations. compared various periods from a 17-year estimates based on the two separate input b. All site-specific data should be reduced data set to determine the minimum number data sets may not necessarily agree. to hourly averages. Table 9–3 lists the wind of years of data needed to approximate the b. Although most NWS measurements are related parameters and the averaging time concentrations modeled with a 17-year made at a standard height of 10 meters, the requirements. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41857

c. Solar Radiation Measurements. Total subjectively determined insolation TABLE 9±3.ÐAVERAGING TIMES FOR solar radiation should be measured with a assessments based on hourly cloud cover and SITE-SPECIFIC WIND AND TURBU- reliable pyranometer, sited and operated in ceiling height observations. The wind speed accordance with established on-site measurements are made at or near 10m. The LENCE MEASUREMENTS meteorological guidance. 66 insolation rate is typically assessed using d. Temperature Measurements. observations of cloud cover and ceiling Parameter Averaging Temperature measurements should be made height based on criteria outlined by Turner.50 time at standard shelter height (2m) in accordance It is recommended that the P–G stability with established on-site meteorological category be estimated using the Turner Surface wind speed (for use in 1-hr. guidance. 66 method with site-specific wind speed stability determinations). e. Temperature Difference Measurements. measured at or near 10m and representative Transport direction ...... 1-hr. ŒÆ Dilution wind speed ...... 1-hr. Temperature difference ( ) measurements cloud cover and ceiling height. 1 Turbulence measurements (σE 1-hr. for use in estimating P–G stability categories Implementation of the Turner method, as σ using the solar radiation/delta-T (SRDT) well as considerations in determining and A) for use in stability methodology (see Stability Categories) should representativeness of cloud cover and ceiling determinations. 1 be obtained using two matched thermometers height in cases for which site-specific cloud To minimize meander effects in σA when or a reliable thermocouple system to achieve observations are unavailable, may be found wind conditions are light and/or variable, de- adequate accuracy. in Section 6 of reference 66. In the absence termine the hourly average σ value from four f. Siting, probe placement, and operation of of requisite data to implement the Turner sequential 15-minute σ's according to the fol- >T systems should be based on guidance method, the SRDT method or wind lowing formula: found in Chapter 3 of reference 66, and such fluctuation statistics (i.e., the σE and σA guidance should be followed when obtaining methods) may be used. σ2 + σ2 + σ2 + σ 2 vertical temperature gradient data for use in l. The SRDT method, described in Section σ = 15 15 15 15 plume rise estimates or in determining the 6.4.4.2 of reference 66, is modified slightly 1-hr 4 critical dividing streamline height. from that published by Bowen et al. g. Wind Measurements. For refined (1983) 136 and has been evaluated with three 9.3.4 Treatment of Calms modeling applications in simple terrain on-site data bases.137 The two methods of 9.3.4.1 Discussion situations, if a source has a stack below stability classification which use wind 100m, select the stack top height as the wind fluctuation statistics, the σE and σA methods, a. Treatment of calm or light and variable measurement height for characterization of are also described in detail in Section 6.4.4 wind poses a special problem in model plume dilution and transport. For sources of reference 66 (note applicable tables in applications since Gaussian models assume with stacks extending above 100m, a 100m Section 6). For additional information on the that concentration is inversely proportional tower is suggested unless the stack top is wind fluctuation methods, see references 68– to wind speed. Furthermore, concentrations significantly above 100m (i.e., ≥200m). In 72. become unrealistically large when wind cases with stack tops ≥200m, remote sensing m. Hours in the record having missing data speeds less than 1 m/s are input to the may be a feasible alternative. In some cases, should be treated according to an established model. A procedure has been developed for collection of stack top wind speed may be data substitution protocol and after valid data use with NWS data to prevent the occurrence impractical or incompatible with the input retrieval requirements have been met. Such of overly conservative concentration requirements of the model to be used. In such protocols are usually part of the approved estimates during periods of calms. This cases, the Regional Office should be monitoring program plan. Data substitution procedure acknowledges that a Gaussian consulted to determine the appropriate guidance is provided in Section 5.3 of plume model does not apply during calm measurement height. reference 66. conditions and that our knowledge of plume h. For refined modeling applications in n. Meteorological Data Processors. The behavior and wind patterns during these complex terrain, multiple level (typically following meteorological preprocessors are conditions does not, at present, permit the three or more) measurements of wind speed recommended by EPA: RAMMET, development of a better technique. Therefore, and direction, temperature and turbulence PCRAMMET, STAR, PCSTAR, MPRM,135 the procedure disregards hours which are (wind fluctuation statistics) are required. and METPRO.24 RAMMET is the identified as calm. The hour is treated as Such measurements should be obtained up to recommended meteorological preprocessor missing and a convention for handling the representative plume height(s) of interest for use in applications employing hourly missing hours is recommended. (i.e., the plume height(s) under those NWS data. The RAMMET format is the b. Preprocessed meteorological data input conditions important to the determination of standard data input format used in sequential to most Appendix A EPA models substitute a 1.00 m/s wind speed and the previous the design concentration). The representative Gaussian models recommended by EPA. direction for the calm hour. The new plume height(s) of interest should be PCRAMMET 138 is the PC equivalent of the treatment of calms in those models attempts determined using an appropriate complex mainframe version (RAMMET). STAR is the to identify the original calm cases by terrain screening procedure (e.g., CTSCREEN) recommended preprocessor for use in checking for a 1.00 m/s wind speed and should be documented in the applications employing joint frequency coincident with a wind direction equal to the monitoring/modeling protocol. The necessary distributions (wind direction and wind speed previous hour’s wind direction. Such cases meteorological measurements should be by stability class) based on NWS data. are then treated in a prescribed manner when obtained from an appropriately sited PCSTAR is the PC equivalent of the estimating short term concentrations. meteorological tower augmented by SODAR mainframe version (STAR). MPRM is the if the representative plume height(s) of recommended preprocessor for use in 9.3.4.2 Recommendations interest exceed 100m. The meteorological applications employing on-site a. Hourly concentrations calculated with tower need not exceed the lesser of the meteorological data. The latest version Gaussian models using calms should not be representative plume height of interest (the (MPRM 1.3) has been configured to considered valid; the wind and concentration highest plume height if there is more than implement the SRDT method for estimating estimates for these hours should be one plume height of interest) or 100m. P–G stability categories. MPRM is a general disregarded and considered to be missing. i. In general, the wind speed used in purpose meteorological data preprocessor Critical concentrations for 3-, 8-, and 24-hour determining plume rise is defined as the which supports regulatory models requiring averages should be calculated by dividing the wind speed at stack top. RAMMET formatted data and STAR sum of the hourly concentration for the j. Specifications for wind measuring formatted data. In addition to on-site data, period by the number of valid or non-missing instruments and systems are contained in the MPRM provides equivalent processing of hours. If the total number of valid hours is ‘‘On-Site Meteorological Program Guidance NWS data. METPRO is the required less than 18 for 24-hour averages, less than for Regulatory Modeling Applications’’.66 meteorological data preprocessor for use with 6 for 8-hour averages or less than 3 for 3-hour k. Stability Categories. The P–G stability CTDMPLUS. All of the above mentioned data averages, the total concentration should be categories, as originally defined, couple near- preprocessors are available for downloading divided by 18 for the 24-hour average, 6 for surface measurements of wind speed with from the SCRAM BBS.19 the 8-hour average and 3 for the 3-hour 41858 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations average. For annual averages, the sum of all velocity field. These unknown conditions errors in highest estimated concentrations of valid hourly concentrations is divided by the may vary among repetitions of the event. As ±10 to 40 percent are found to be typical,81 number of non-calm hours during the year. a result, deviations in observed i.e., certainly well within the often quoted A post-processor computer program, concentrations from their ensemble average, factor-of-two accuracy that has long been CALMPRO 73 has been prepared following and from the concentrations estimated by the recognized for these models. However, these instructions and has been coded in model, are likely to occur even though the estimates of concentrations that occur at a RAM and ISC. known conditions are fixed. Even with a specific time and site, are poorly correlated b. The recommendations in paragraph a of perfect model that predicts the correct with actually observed concentrations and this section apply to the use of calms for ensemble average, there are likely to be are much less reliable. short term averages and do not apply to the deviations from the observed concentrations b. As noted in paragraph a of this section, determination of long term averages using in individual repetitions of the event, due to poor correlations between paired ‘‘STAR’’ data summaries. Calms should variations in the unknown conditions. The concentrations at fixed stations may be due continue to be included in the preparation of statistics of these concentration residuals are to ‘‘reducible’’ uncertainties in knowledge of ‘‘STAR’’ summaries. A treatment for calms termed ‘‘inherent’’ uncertainty. Available the precise plume location and to and very light winds is built into the software evidence suggests that this source of unquantified inherent uncertainties. For that produces the ‘‘STAR’’ summaries. uncertainty alone may be responsible for a example, Pasquill 82 estimates that, apart c. Stagnant conditions, including extended typical range of variation in concentrations of from data input errors, maximum ground- periods of calms, often produce high as much as ±50 percent.76 level concentrations at a given hour for a concentrations over wide areas for relatively b. Moreover, there is ‘‘reducible’’ point source in flat terrain could be in error long averaging periods. The standard short uncertainty 77 associated with the model and by 50 percent due to these uncertainties. term Gaussian models are often not its input conditions; neither models nor data Uncertainty of five to 10 degrees in the applicable to such situations. When bases are perfect. Reducible uncertainties are measured wind direction, which transports stagnation conditions are of concern, other caused by: (1) Uncertainties in the input the plume, can result in concentration errors modeling techniques should be considered values of the known conditions—emission of 20 to 70 percent for a particular time and on a case-by-case basis (see also Section characteristics and meteorological data; (2) location, depending on stability and station 8.2.10). errors in the measured concentrations which location. Such uncertainties do not indicate d. When used in Gaussian models, are used to compute the concentration that an estimated concentration does not measured on-site wind speeds of less than 1 residuals; and (3) inadequate model physics occur, only that the precise time and m/s but higher than the response threshold and formulation. The ‘‘reducible’’ locations are in doubt. of the instrument should be input as 1 m/s; uncertainties can be minimized through 10.1.3 Use of Uncertainty in Decision- the corresponding wind direction should also better (more accurate and more Making representative) measurements and better be input. Observations below the response a. The accuracy of model estimates varies threshold of the instrument are also set to 1 model physics. c. To use the terminology correctly, with the model used, the type of application, m/s but the wind direction from the previous and site-specific characteristics. Thus, it is hour is used. If the wind speed or direction reference to model accuracy should be limited to that portion of reducible desirable to quantify the accuracy or can not be determined, that hour should be uncertainty associated with concentration treated as missing and short term averages uncertainty which deals with the physics and the formulation of the model. The accuracy estimates used in decision-making. should then be calculated as described in Communications between modelers and paragraph a of this section. of the model is normally determined by an evaluation procedure which involves the decision-makers must be fostered and further 10.0 Accuracy and Uncertainty of Models comparison of model concentration estimates developed. Communications concerning concentration estimates currently exist in 10.1 Discussion with measured air quality data.78 The statement of accuracy is based on statistical most cases, but the communications dealing a. Increasing reliance has been placed on tests or performance measures such as bias, with the accuracy of models and its meaning concentration estimates from models as the noise, correlation, etc.11 However, to the decision-maker are limited by the lack primary basis for regulatory decisions information that allows a distinction between of a technical basis for quantifying and concerning source permits and emission contributions of the various elements of directly including uncertainty in decisions. control requirements. In many situations, inherent and reducible uncertainty is only Procedures for quantifying and interpreting such as review of a proposed source, no now beginning to emerge. As a result most uncertainty in the practical application of practical alternative exists. Therefore, there is discussions of the accuracy of models make such concepts are only beginning to evolve; 74 75 77 an obvious need to know how accurate no quantitative distinction between (1) much study is still required. models really are and how any uncertainty in Limitations of the model versus (2) b. In all applications of models an effort is the estimates affects regulatory decisions. limitations of the data base and of knowledge encouraged to identify the reliability of the EPA recognizes the need for incorporating concerning atmospheric variability. The model estimates for that particular area and such information and has sponsored reader should be aware that statements on to determine the magnitude and sources of workshops 11 74 on model accuracy, the model accuracy and uncertainty may imply error associated with the use of the model. possible ways to quantify accuracy, and on the need for improvements in model The analyst is responsible for recognizing considerations in the incorporation of model performance that even the ‘‘perfect’’ model and quantifying limitations in the accuracy, accuracy and uncertainty in the regulatory could not satisfy. precision and sensitivity of the procedure. process. The Second (EPA) Conference on Information that might be useful to the 10.1.2 Studies of Model Accuracy Air Quality Modeling, August 1982,75 was decision-maker in recognizing the devoted to that subject. a. A number of studies 79 80 have been seriousness of potential air quality violations conducted to examine model accuracy, includes such model accuracy estimates as 10.1.1 Overview of Model Uncertainty particularly with respect to the reliability of accuracy of peak predictions, bias, noise, a. Dispersion models generally attempt to short-term concentrations required for correlation, frequency distribution, spatial estimate concentrations at specific sites that ambient standard and increment evaluations. extent of high concentration, etc. Both space/ really represent an ensemble average of The results of these studies are not time pairing of estimates and measurements numerous repetitions of the same event. The surprising. Basically, they confirm what and unpaired comparisons are event is characterized by measured or leading atmospheric scientists have said for recommended. Emphasis should be on the ‘‘known’’ conditions that are input to the some time: (1) Models are more reliable for highest concentrations and the averaging models, e.g., wind speed, mixed layer height, estimating longer time-averaged times of the standards or increments of surface heat flux, emission characteristics, concentrations than for estimating short-term concern. Where possible, confidence etc. However, in addition to the known concentrations at specific locations; and (2) intervals about the statistical values should conditions, there are unmeasured or the models are reasonably reliable in be provided. However, while such unknown variations in the conditions of this estimating the magnitude of highest information can be provided by the modeler event, e.g., unresolved details of the concentrations occurring sometime, to the decision-maker, it is unclear how this atmospheric flow such as the turbulent somewhere within an area. For example, information should be used to make an air Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41859 pollution control decision. Given a range of variations or uncertainties in the data bases identifies the relationship to emission limits. possible outcomes, it is easiest and tends to on the range of likely concentrations. Such The recommendations in section 11.2 apply ensure consistency if the decision-maker information may be used to determine source to: (1) revisions of State Implementation confines his judgment to use of the ‘‘best impact and to evaluate control strategies. Plans; (2) the review of new sources and the estimate’’ provided by the modeler (i.e., the Where possible, information from such prevention of significant deterioration (PSD); design concentration estimated by a model sensitivity analyses should be made available and (3) analyses of the emissions trades recommended in the Guideline or an to the decision-maker with an appropriate (‘‘bubbles’’). alternate model of known accuracy). This is interpretation of the effect on the critical an indication of the practical limitations concentrations. 11.2 Recommendations imposed by current abilities of the technical 11.2.1 Analysis Requirements 10.2 Recommendations community. a. Every effort should be made by the c. To improve the basis for decision- a. No specific guidance on the Regional Office to meet with all parties making, EPA has developed and is consideration of model uncertainty in involved in either a SIP revision or a PSD continuing to study procedures for decision-making is being given at this time. permit application prior to the start of any determining the accuracy of models, There is incomplete technical information on work on such a project. During this meeting, quantifying the uncertainty, and expressing measures of model uncertainty that are most a protocol should be established between the confidence levels in decisions that are made relevant to the decision-maker. It is not clear preparing and reviewing parties to define the concerning emissions controls.83 84 However, how a decisionmaker could use such procedures to be followed, the data to be work in this area involves ‘‘breaking new information, particularly given limitations of collected, the model to be used, and the ground’’ with slow and sporadic progress the Clean Air Act. As procedures for analysis of the source and concentration data. likely. As a result, it may be necessary to considering uncertainty develop and become An example of requirements for such an continue using the ‘‘best estimate’’ until implementable, this guidance will be effort is contained in the Air Quality sufficient technical progress has been made changed and expanded. For the present, Analysis Checklist included here as to meaningfully implement such concepts continued use of the ‘‘best estimate’’ is Appendix C. This checklist suggests the level dealing with uncertainty. acceptable and is consistent with Clean Air of detail required to assess the air quality 10.1.4 Evaluation of Models Act requirements. resulting from the proposed action. Special a. A number of actions are being taken to 11.0 Regulatory Application of Models cases may require additional data collection or analysis and this should be determined ensure that the best model is used correctly 11.1 Discussion for each regulatory application and that a and agreed upon at this preapplication a. Procedures with respect to the review model is not arbitrarily imposed. First, the meeting. The protocol should be written and and analysis of air quality modeling and data Guideline clearly recommends the most agreed upon by the parties concerned, analyses in support of SIP revisions, PSD appropriate model be used in each case. although a formal legal document is not permitting or other regulatory requirements Preferred models, based on a number of intended. Changes in such a protocol are need a certain amount of standardization to factors, are identified for many uses. General often required as the data collection and ensure consistency in the depth and guidance on using alternatives to the analysis progresses. However, the protocol preferred models is also provided. Second, comprehensiveness of both the review and establishes a common understanding of the all the models in eight categories (i.e., rural, the analysis itself. This section recommends requirements. urban, industrial complex, reactive procedures that permit some degree of b. An air quality analysis should begin pollutants, mobile source, complex terrain, standardization while at the same time with a screening model to determine the visibility and long range transport) that are allowing the flexibility needed to assure the potential of the proposed source or control candidates for inclusion in the Guideline are technically best analysis for each regulatory strategy to violate the PSD increment or being subjected to a systematic performance application. NAAQS. It is recommended that the evaluation and a peer scientific review.85 The b. Dispersion model estimates, especially screening techniques found in ‘‘Screening same data bases are being used to evaluate all with the support of measured air quality Procedures for Estimating the Air Quality 18 models within each of eight categories. data, are the preferred basis for air quality Impact of Stationary Sources’’ be used for Statistical performance measures, including demonstrations. Nevertheless, there are point source analyses. Screening procedures measures of difference (or residuals) such as instances where the performance of for area source analysis are discussed in bias, variance of difference and gross recommended dispersion modeling ‘‘Applying Atmospheric Simulation Models variability of the difference, and measures of techniques, by comparison with observed air to Air Quality Maintenance Areas’’.87 For correlation such as time, space, and time and quality data, may be shown to be less than mobile source impact assessments the space combined as recommended by the acceptable. Also, there may be no ‘‘Guideline for Modeling Carbon Monoxide AMS Woods Hole Workshop,11 are being recommended modeling procedure suitable from Roadway Intersections’’ 34 is available. followed. The results of the scientific review for the situation. In these instances, emission c. If the concentration estimates from are being incorporated in the Guideline and limitations may be established solely on the screening techniques indicate that the PSD will be the basis for future revision.12 13 basis of observed air quality data as would increment or NAAQS may be approached or Third, more specific information has been be applied to a modeling analysis. The same exceeded, then a more refined modeling provided for justifying the site specific use of care should be given to the analyses of the analysis is appropriate and the model user alternative models in the documents ‘‘Interim air quality data as would be applied to a should select a model according to Procedures for Evaluating Air Quality modeling analysis. recommendations in Sections 4.0–8.0. In Models’’,15 and the ‘‘Protocol for c. The current NAAQS for SO2 and CO are some instances, no refined technique may be Determining the Best Performing Model’’.17 both stated in terms of a concentration not to specified in this guide for the situation. The Together these documents provide methods be exceeded more than once a year. There is model user is then encouraged to submit a that allow a judgment to be made as to what only an annual standard for NO2 and a model developed specifically for the case at models are most appropriate for a specific quarterly standard for Pb. The PM–10 and hand. If that is not possible, a screening application. For the present, performance ozone standards permit the exceedance of a technique may supply the needed results. and the theoretical evaluation of models are concentration on an average of not more than d. Regional Offices should require permit being used as an indirect means to quantify once a year; the convention is to average over applicants to incorporate the pollutant one element of uncertainty in air pollution a 3-year period.5 86 103 This represents a contributions of all sources into their regulatory decisions. change from a deterministic to a more analysis. Where necessary this may include b. In addition to performance evaluation of statistical form of the standard and permits emissions associated with growth in the area models, sensitivity analyses are encouraged some consideration to be given to unusual of impact of the new or modified source’s since they can provide additional circumstances. The NAAQS are subjected to impact. PSD air quality assessments should information on the effect of inaccuracies in extensive review and possible revision every consider the amount of the allowable air the data bases and on the uncertainty in 5 years. quality increment that has already been model estimates. Sensitivity analyses can aid d. This section discusses general granted to any other sources. Therefore, the in determining the effect of inaccuracies of requirements for concentration estimates and most recent source applicant should model 41860 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations the existing or permitted sources in addition period, averaging time as well as the need for or less; and (3) the significance of the spatial to the one currently under consideration. meteorological monitoring or the use of and temporal contribution to any modeled This would permit the use of newly acquired mobile sampling or plume tracking violation. For Pb, the highest estimated data or improved modeling techniques if techniques, should all be specified in the concentration based on an individual such have become available since the last protocol and agreed upon prior to start-up of calendar quarter averaging period should be source was permitted. When remodeling, the the network. used. Background concentrations should be worst case used in the previous modeling 11.2.3 Emission Limits added to the estimated impact of the source. analysis should be one set of conditions The most restrictive standard should be used modeled in the new analysis. All sources 11.2.3.1 Design Concentrations in all cases to assess the threat of an air should be modeled for each set of a. Emission limits should be based on quality violation. For new or modified meteorological conditions selected and for all concentration estimates for the averaging sources predicted to have a significant receptor sites used in the previous time that results in the most stringent control ambient impact 63 in areas designated applications as well as new sites specific to requirements. The concentration used in attainment or unclassifiable for the PM–10 the new source. specifying emission limits is called the NAAQS, the demonstration of whether or not 11.2.2 Use of Measured Data in Lieu of design value or design concentration and is the source will cause or contribute to an air Model Estimates a sum of the concentration contributed by the quality violation should be based on a. Modeling is the preferred method for source and the background concentration. sufficient data to show whether: (1) the determining emission limitations for both b. To determine the averaging time for the projected 24-hour average concentrations new and existing sources. When a preferred design value, the most restrictive National will exceed the 24-hour NAAQS more than model is available, model results alone Ambient Air Quality Standard (NAAQS) once per year, on average; (2) the expected (including background) are sufficient. should be identified by calculating, for each (i.e., average) annual mean concentration will Monitoring will normally not be accepted as averaging time, the ratio of the applicable exceed the annual NAAQS; and (3) the the sole basis for emission limitation NAAQS (S)¥ background (B) to the source contributes significantly, in a determination in flat terrain areas. In some predicted concentration (P) (i.e., (S¥B)/P). temporal and spatial sense, to any modeled instances when the modeling technique The averaging time with the lowest ratio violation. available is only a screening technique, the identifies the most restrictive standard. If the 11.2.3.3 PSD Air Quality Increments and addition of air quality data to the analysis annual average is the most restrictive, the Impacts may lend credence to model results. highest estimated annual average a. The allowable PSD increments for b. There are circumstances where there is concentration from one or a number of years criteria pollutants are established by no applicable model, and measured data may of data is the design value. When short term regulation and cited in § 51.166. These need to be used. Examples of such situations standards are most restrictive, it may be maximum allowable increases in pollutant are: (1) complex terrain locations; (2) land/ necessary to consider a broader range of concentrations may be exceeded once per water interface areas; and (3) urban locations concentrations than the highest value. For year at each site, except for the annual with a large fraction of particulate emissions example, for pollutants such as SO2, the increment that may not be exceeded. The from nontraditional sources. However, only highest, second-highest concentration is the in the case of an existing source should design value. For pollutants with statistically highest, second-highest increase in estimated monitoring data alone be a basis for emission based NAAQS, the design value is found by concentrations for the short term averages as limits. In addition, the following items determining the more restrictive of: (1) the determined by a model should be less than should be considered prior to the acceptance short-term concentration that is not expected or equal to the permitted increment. The of the measured data: to be exceeded more than once per year over modeled annual averages should not exceed i. Does a monitoring network exist for the the period specified in the standard, or (2) the increment. pollutants and averaging times of concern? the long-term concentration that is not b. Screening techniques defined in ii. Has the monitoring network been expected to exceed the long-term NAAQS. Sections 4.0 and 5.0 can sometimes be used designed to locate points of maximum Determination of design values for PM–10 is to estimate short term incremental concentration? presented in more detail in the ‘‘PM–10 SIP concentrations for the first new source that iii. Do the monitoring network and the data Development Guideline’’.108 triggers the baseline in a given area. reduction and storage procedures meet EPA c. When the highest, second-highest However, when multiple increment- monitoring and quality assurance concentration is used in assessing potential consuming sources are involved in the requirements? violations of a short term NAAQS, criteria calculation, the use of a refined model with iv. Do the data set and the analysis allow that are identified in ‘‘Guideline for at least 1 year of on-site or 5 years of off-site impact of the most important individual Interpretation of Air Quality Standards’’88 NWS data is normally required. In such sources to be identified if more than one should be followed. This guidance specifies cases, sequential modeling must demonstrate source or emission point is involved? that a violation of a short term standard that the allowable increments are not v. Is at least one full year of valid ambient occurs at a site when the standard is exceeded temporally and spatially, i.e., for all data available? exceeded a second time. Thus, emission receptors for each time period throughout the vi. Can it be demonstrated through the limits that protect standards for averaging year(s) (time period means the appropriate comparison of monitored data with model times of 24 hours or less are appropriately PSD averaging time, e.g., 3-hour, 24-hour, results that available models are not based on the highest, second-highest etc.). applicable? estimated concentration plus a background c. The PSD regulations require an c. The number of monitors required is a concentration which can reasonably be estimation of the SO2, particulate matter, and function of the problem being considered. assumed to occur with the concentration. NO2 impact on any Class I area. Normally, The source configuration, terrain Gaussian models should not be applied at 11.2.3.2 NAAQS Analyses for New or configuration, and meteorological variations distances greater than can be accommodated Modified Sources all have an impact on number and placement by the steady state assumptions inherent in of monitors. Decisions can only be made on a. For new or modified sources predicted such models. The maximum distance for a case-by-case basis. The Interim Procedures to have a significant ambient impact 63 and to refined Gaussian model application for for Evaluating Air Quality Models 15 should be located in areas designated attainment or regulatory purposes is generally considered be used in establishing criteria for unclassifiable for the SO2, Pb, NO2, or CO to be 50km. Beyond the 50km range, demonstrating that a model is not applicable. NAAQS, the demonstration as to whether the screening techniques may be used to d. Sources should obtain approval from the source will cause or contribute to an air determine if more refined modeling is Regional Office or reviewing authority for the quality violation should be based on: (1) the needed. If refined models are needed, long monitoring network prior to the start of highest estimated annual average range transport models should be considered monitoring. A monitoring protocol agreed to concentration determined from annual in accordance with Section 7.2.6. As by all concerned parties is highly desirable. averages of individual years; or (2) the previously noted in Sections 3.0 and 7.0, the The design of the network, the number, type highest, second-highest estimated need to involve the Federal Land Manager in and location of the monitors, the sampling concentration for averaging times of 24-hours decisions on potential air quality impacts, Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41861 particularly in relation to PSD Class I areas, Requirements for Preparation, Adoption, and Protection Agency, Research Triangle Park, cannot be overemphasized. Submittal of Implementation Plans. NC. (NTIS No. PB 85–106060) 11.2.3.4 Emissions Trading Policy (Bubbles) 2. Environmental Protection Agency, 1977. 16. Environmental Protection Agency, Guidelines for the Regional Evaluation of 1985. Interim Procedures for Evaluating Air a. EPA’s final Emissions Trading Policy, State and Local New Source Review Program. Quality Models: Experience with commonly referred to as the ‘‘bubble policy,’’ EPA Publication No. EPA–450/2–77–027. Implementation. EPA Publication No. EPA– was published in the Federal Register in U.S. Environmental Protection Agency, 450/4–85–006. U.S. Environmental 1986.89 Principles contained in the policy Research Triangle Park, NC. (NTIS No. PB– Protection Agency, Research Triangle Park, should be used to evaluate ambient impacts 275053) NC. (NTIS No. PB 85–242477) of emission trading activities. 3. Environmental Protection Agency, 1980. 17. Environmental Protection Agency, b. Emission increases and decreases within Prevention of Significant Deterioration 1992. Protocol for Determining the Best the bubble should result in ambient air Workshop Manual. EPA Publication No. Performing Model. EPA Publication No. quality equivalence. Two levels of analysis EPA–450/2–80–081. U.S. Environmental EPA–454/R–92–025. U.S. Environmental are defined for establishing this equivalence. Protection Agency, Research Triangle Park, Protection Agency, Research Triangle Park, In a Level I analysis the source configuration NC. (NTIS No. PB 81–136459) NC. and setting must meet certain limitations 4. Environmental Protection Agency, 1981. 18. Environmental Protection Agency, (defined in the policy) that ensure ambient Guideline for Fluid Modeling of Atmospheric 1992. Screening Procedures for Estimating equivalence; no modeling is required. In a Diffusion. EPA Publication No. EPA–600/8– the Air Quality Impact of Stationary Sources, Level II analysis a modeling demonstration of 81–009. U.S. Environmental Protection Revised. EPA Publication No. EPA–454/R– ambient equivalence is required but only the Agency, Research Triangle Park, NC. (NTIS 92–019. U.S. Environmental Protection sources involved in the emissions trade are No. PB 81–201410) Agency, Research Triangle Park, NC. modeled. The resulting ambient estimates of 5. Code of Federal Regulations (Title 40, 19. Environmental Protection Agency, net increases/decreases are compared to a set Part 50): Protection of the Environment; 1989. Support Center for Regulatory Air of significance levels to determine if the National Primary and Secondary Ambient Models Bulletin Board System (SCRAM bubble can be approved. A Level II analysis Air Quality Standards. BBS). Source Receptor Analysis Branch, requires the use of a refined model and the 6. Environmental Protection Agency, 1988. Research Triangle Park, NC. (Docket Nos. A– most recent readily available full year of Model Clearinghouse: Operational Plan 88–04, II–J–4a and b) representative meteorological data. (Revised). Staff Report. U.S. Environmental 20. Environmental Protection Agency, Sequential modeling must demonstrate that Protection Agency, Research Triangle Park, 1995. SCREEN3 User’s Guide. EPA the significance levels are met temporally NC. (Docket No. A–88–04, II–J–1) Publication No. EPA–454/B–95–004. U.S. and spatially, i.e., for all receptors for each 7. Environmental Protection Agency, 1980. Environmental Protection Agency, Research Triangle Park, NC. (NTIS No. PB 95–222766) time period throughout the year (time period Guidelines on Air Quality Models. Federal 21. Environmental Protection Agency, means the appropriate NAAQS averaging Register, 45: 20157–20158. 1987. EPA Complex Terrain Model time, e.g., 3-hour, 24-hour, etc.). 8. Londergan, R.J., D.H. Minott, D.J. Development: Final Report. EPA Publication c. For those bubbles that cannot meet the Wackter, T. Kincaid and D. Bonitata, 1982. No. EPA–600/3–88–006. U.S. Environmental Level I or Level II requirements, the Evaluation of Rural Air Quality Simulation Emissions Trading Policy allows for a Level Protection Agency, Research Triangle Park, Models. EPA Publication No. EPA–450/4– NC. (NTIS No. PB 88–162110) III analysis. A Level III analysis, from a 82–020. U.S. Environmental Protection 22. Perry, S.G., D.J. Burns, L.H. Adams, R.J. modeling standpoint, is generally equivalent Agency, Research Triangle Park, NC. (NTIS Paine, M.G. Dennis, M.T. Mills, D.J. to the requirements for a standard SIP No. PB 83–182758) Strimaitis, R.J. Yamartino and E.M. Insley, revision where all sources (and background) 9. Londergan, R.J., D.H. Minott, D.J. 1989. User’s Guide to the Complex Terrain are considered and the estimates are Wackter and R.R. Fizz, 1983. Evaluation of Dispersion Model Plus Algorithms for compared to the NAAQS as in Section Urban Air Quality Simulation Models. EPA Unstable Situations (CTDMPLUS) Volume 1; 11.2.3.2. Publication No. EPA–450/4–83–020. U.S. Model Description and User Instructions. d. The Emissions Trading Policy allows Environmental Protection Agency, Research EPA Publication No. EPA–600/8–89–041. States to adopt generic regulations for Triangle Park, NC. (NTIS No. PB 84–241173). U.S. Environmental Protection Agency, processing bubbles. The modeling 10. Londergan, R.J. and D.J. Wackter, 1984. Research Triangle Park, NC. (NTIS No. PB procedures recommended in the Guideline Evaluation of Complex Terrain Air Quality 89–181424) apply to such generic regulations. However, Simulation Models. EPA Publication No. 23. Mills, M.T., R.J. Paine, E.A. Insley and an added requirement is that the modeling EPA–450/4–84–017. U.S. Environmental B.A. Egan, 1987. The Complex Terrain procedures contained in any generic Protection Agency, Research Triangle Park, Dispersion Model Terrain Preprocessor regulation must be replicable such that there NC. (NTIS No. PB 85–119485). System—User’s Guide and Program is no doubt as to how each individual bubble 11. Fox, D.G., 1981. Judging Air Quality Description. EPA Publication No. EPA–600/ will be modeled. In general this means that Model Performance. Bulletin of the American 8–88–003. U.S. Environmental Protection the models, the data bases and the Meteorological Society, 62(5): 599–609. Agency, Research Triangle Park, NC. (NTIS procedures for applying the model must be 12. American Meteorological Society, 1983. No. PB 88–162094) defined in the regulation. The consequences Synthesis of the Rural Model Reviews. EPA 24. Paine, R.J., 1987. User’s Guide to the of the replicability requirement are that Publication No. EPA–600/3–83–108. U.S. CTDM Meteorological Preprocessor Program. bubbles for sources located in complex Environmental Protection Agency, Research EPA Publication No. EPA–600/8–88–004. terrain and certain industrial sources where Triangle Park, NC. (NTIS No. PB 84–121037) U.S. Environmental Protection Agency, judgments must be made on source 13. American Meteorological Society, 1984. Research Triangle Park, NC. (NTIS No. PB characterization cannot be handled Review of the Attributes and Performance of 88–162102) generically. Six Urban Diffusion Models. EPA Publication 25. Perry, S.G., D.J. Burns and A.J. 12.0 References g h No. EPA–600/S3–84–089. U.S. Cimorelli, 1990. User’s Guide to CTDMPLUS: Environmental Protection Agency, Research Volume 2. The Screening Mode (CTSCREEN). 1. Code of Federal Regulations (Title 40, Triangle Park, NC. (NTIS No.PB 84–236850) Part 51): Protection of the Environment; EPA Publication No. EPA–600/8–90–087. 14. White, F.D.(Ed.), J.K.S. Ching, R.L. U.S. Environmental Protection Agency, Dennis and W.H. Snyder, 1985. Summary of Research Triangle Park, NC. (NTIS No. PB g Documents not available in the open literature Complex Terrain Model Evaluation. EPA 91–136564) or from the National Technical Information Service Publication No. EPA–600/3–85–060. U.S. 26. Burt, E.W., 1977. Valley Model User’s (NTIS) have been placed in Docket No. A–80–46 or Environmental Protection Agency, Research A–88–04. Item Numbers for documents placed in Guide. EPA Publication No. EPA–450/2–77– the Docket are shown at the end of the reference. Triangle Park, NC. (NTIS No. PB 85–236891) 018. U.S. Environmental Protection Agency, h Some EPA references, e.g., model user’s guides, 15. Environmental Protection Agency, Research Triangle Park, NC. (NTIS No. PB– etc., are periodically revised. Users are referred to 1984. Interim Procedures for Evaluating Air 274054) the SCRAM BBS19 to download updates or Quality Models (Revised). EPA Publication 27. Bjorklund, J.R. and J.F. Bowers, 1982. addenda; see Section A.0 of this appendix. No. EPA–450/4–84–023. U.S. Environmental User’s Instructions for the SHORTZ and 41862 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

LONGZ Computer Programs, Volumes I and Volume I: Overview of Receptor Model Regulations), Revised. EPA Publication No. II. EPA Publication No. EPA–903/9–82–004a Application to Particulate Source EPA–450/4–80–023R. U.S. Environmental and b. U.S. Environmental Protection Agency Apportionment. EPA Publication No. EPA– Protection Agency, Research Triangle Park, Region III, Philadelphia, PA. (NTIS Nos. PB 450/4–81–016a (NTIS No. PB 82–139429); NC. (NTIS No. PB 85–225241) 83–146092 and PB 83–146100) Volume II: Chemical Mass Balance. EPA 47. Environmental Protection Agency, 28. Environmental Protection Agency, Publication No. EPA–450/4–81–016b (NTIS 1981. Guideline for Use of Fluid Modeling to 1990. User’s Guide for the Urban Airshed No. PB 82–187345); Volume III (Revised): Determine Good Engineering Practice (GEP) Model, Volume I–VIII. EPA Publication Nos. CMB User’s Manual (Version 7.0). EPA Stack Height. EPA Publication No. EPA–450/ EPA–450/4–90–007a–c, d(R), e–g; EPA–454/ Publication No. EPA–450/4–90–004 (NTIS 4–81–003. U.S. Environmental Protection B–93–004, respectively. U.S. Environmental No. PB 90–185067); Volume IV: Technical Agency, Research Triangle Park, NC. (NTIS Protection Agency, Research Triangle Park, Considerations In Source Apportionment By No. PB 82–145327) NC. (NTIS Nos. PB 91–131227, PB 91– Particle Identification. EPA Publication No. 48. Lawson, Jr., R.E. and W.H. Snyder, 131235, PB 91–131243, PB 93–122380, PB EPA–450/4–83–018 (NTIS No. PB 84– 1983. Determination of Good Engineering 91–131268, PB 92–145382, and PB 92– 103340); Volume V: Source Apportionment Practice Stack Height: A Demonstration 224849, respectively, for Vols. I–VII) Techniques and Considerations in Study for a Power Plant. EPA Publication No. 29. Environmental Protection Agency, Combining their Use. EPA Publication No. EPA–600/3–83–024. U.S. Environmental 1991. Guideline for Regulatory Application EPA–450/4–84–020 (NTIS No. PB 85– Protection Agency, Research Triangle Park, of the Urban Airshed Model. EPA Publication 111524); Volume VI: A Guide To The Use of NC. (NTIS No. PB 83–207407) No. EPA–450/4–91–013 U.S. Environmental Factor Analysis and Multiple Regression 49. Snyder, W.H. and R.E. Lawson, Jr., Protection Agency, Research Triangle Park, (FA/MR) Techniques in Source 1985. Fluid Modeling Demonstration of Good NC. (NTIS No. PB 92–108760/AS) Apportionment. EPA Publication No. EPA– Engineering-Practice Stack Height in 30. Environmental Protection Agency, 450/4–85–007 (NTIS No. PB 86–107638). Complex Terrain. EPA Publication No. EPA– 1989. Procedures for Applying City-Specific U.S. Environmental Protection Agency, 600/3–85–022. U.S. Environmental EKMA (Empirical Kinetic Modeling Research Triangle Park, NC. Protection Agency, Research Triangle Park, Approach). EPA Publication No. EPA–450/4– 39. Pace, T.G., 1982. The Role of Receptor NC. (NTIS No. PB 85–203107) 89–012. U.S. Environmental Protection Models for Revised Particulate Matter 50. Turner, D.B., 1969. Workbook of Agency, Research Triangle Park, NC. (NTIS Standards. A Specialty Conference on: Atmospheric Dispersion Estimates. PHS No. PB 90–256777) Receptor Models Applied to Contemporary Publication No. 999–AP–26. U.S. Department 31. Environmental Protection Agency, Pollution Problems. Air Pollution Control of Health, Education and Welfare, Public 1989. User’s Manual for OZIPM–4 (Ozone Association, Pittsburgh, PA; pp. 18–28. Health Service, Cincinnati, OH. (NTIS No. Isopleth Plotting with Optional Mechanisms), (Docket No. A–80–46, II–P–10) PB–191482) Volumes 1 and 2. EPA Publication Nos. EPA– 40. Environmental Protection Agency, 51. McElroy, J.L. and F. Pooler, Jr., 1968. 450/4–89–009a and b. U.S. Environmental 1978. Supplementary Guidelines for Lead St. Louis Dispersion Study, Volume II— Protection Agency, Research Triangle Park, Implementation Plans. EPA Publication No. Analysis. National Air Pollution Control NC. (NTIS Nos. PB 90–261488 and PB 90– EPA–450/2–78–038. U.S. Environmental Administration Publication No. AP–53, U.S. 255399) 32. Environmental Protection Agency, Protection Agency, Research Triangle Park, Department of Health, Education and 1988. A PC Based System for Generating NC. (NTIS No. PB 82–232737) Welfare, Public Health Service, Arlington, EKMA Input Files. EPA Publication No. 41. Environmental Protection Agency, VA. (NTIS No. PB–190255) EPA–450/4–88–016. U.S. Environmental 1983. Updated Information on Approval and 52. Irwin, J.S., 1983. Estimating Plume Protection Agency, Research Triangle Park, Promulgation of Lead Implementation Plans Dispersion—A Comparison of Several Sigma NC. (NTIS No. PB 90–255407) (DRAFT). U.S. Environmental Protection Schemes. Journal of Climate and Applied 33. Meyer, Jr., E.L. and K.A. Baugues, 1987. Agency, Research Triangle Park, NC. (Docket Meteorology, 22: 92–114. Consideration of Transported Ozone and No. A–80–46, II-B–38) 53. Briggs, G.A. and F.S. Binkowski, 1985. Precursors and Their Use in EKMA. EPA 42. Environmental Protection Agency, Research on Diffusion in Atmospheric Publication No. EPA–450/4–89–010. U.S. 1979. Protecting Visibility: An EPA Report to Boundary Layers: A Position Paper on Status Environmental Protection Agency, Research Congress. EPA Publication No. EPA–450/5– and Needs. EPA Publication No. EPA–600/3– Triangle Park, NC. (NTIS No. PB 90–255415) 79–008. U.S. Environmental Protection 25–072. U.S. Environmental Protection 34. Environmental Protection Agency, Agency, Research Triangle Park, NC. (NTIS Agency, Research Triangle Park, NC. (NTIS 1992. Guideline for Modeling Carbon No. PB 80–220320) No. PB 86–122587) Monoxide from Roadway Intersections. EPA 43. Environmental Protection Agency, 54. Pasquill, F., 1976. Atmospheric Publication No. EPA–454/R–92–005. U.S. 1992. Workbook for Plume Visual Impact Dispersion Parameters in Gaussian Plume Environmental Protection Agency, Research Screening and Analysis (Revised). EPA Modeling, Part II. Possible Requirements for Triangle Park, NC. (NTIS No. PB 93–210391) Publication No. EPA–454/R–92–023. U.S. Change in the Turner Workbook Values. EPA 35. Environmental Protection Agency, Environmental Protection Agency, Research Publication No. EPA–600/4–76–030b. U.S. 1992. User’s Guide for CAL3QHC Version 2: Triangle Park, NC. Environmental Protection Agency, Research A Modeling Methodology for Predicting 44. Seigneur C., A.B. Hudischewskyj and Triangle Park, NC. (NTIS No. PB–258036/ Pollutant Concentrations near Roadway R.W. Bergstrom, 1982. Evaluation of the EPA 3BA) Intersections. EPA Publication No. EPA–454/ PLUVUE Model and the ERT Visibility 55. Turner, D.B., 1964. A Diffusion Model R–92–006. U.S. Environmental Protection Model Based on the 1979 VISTTA Data Base. for an Urban Area. Journal of Applied Agency, Research Triangle Park, NC. (NTIS EPA Publication No. EPA–450/4–82–008. Meteorology, 3(1): 83–91. No. PB 93–210250) U.S. Environmental Protection Agency, 56. Briggs, G.A., 1975. Plume Rise 36. Chu, S.H. and E.L. Meyer, 1991. Use of Research Triangle Park, NC. (NTIS No. PB Predictions. Chapter 3 in Lectures on Air Ambient Ratios to Estimate Impact of NOx 83–164723) Pollution and Environmental Impact Sources on Annual NO2 Concentrations. 45. White, W.H., C. Seigneur, D.W. Analyses. American Meteorological Society, Proceedings, 84th Annual Meeting & Heinold, M.W. Eltgroth, L.W. Richards, P.T. Boston, MA; pp. 59–111. Exhibition of the Air & Waste Management Roberts, P.S. Bhardwaja, W.D. Conner and 57. Hanna, S.R., G.A. Briggs and R.P. Association, Vancouver, B.C.; 16–21 June W.E. Wilson, Jr., 1985. Predicting the Hosker, Jr., 1982. Plume Rise. Chapter 2 in 1991. (16 pp.) (Docket No. A–92–65, II-A–9) Visibility of Chimney Plumes: An Handbook on Atmospheric Diffusion. 37. U.S. Department of Housing and Urban Intercomparison of Four Models with Technical Information Center, U.S. Development, 1980. Air Quality Observations at a Well-Controlled Power Department of Energy, Washington, DC; pp. Considerations in Residential Planning. U.S. Plant. Atmospheric Environment, 19(3): 515– 11–24. DOE/TIC–11223 (DE 82002045) Superintendent of Documents, Washington, 528. 58. Environmental Protection Agency, DC. (GPO Order Nos. 023–000–00577–8, 46. Environmental Protection Agency, 1995. User’s Guide for the Industrial Source 023–000–00576–0, 023–000–00575–1) 1985. Guideline for Determination of Good Complex (ISC3) Dispersion Models, Volumes 38. Environmental Protection Agency, Engineering Practice Stack Height (Technical 1 and 2. EPA Publication Nos. EPA–454/B– 1981. Receptor Model Technical Series. Support Document for the Stack Height 95–003a & b. 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Protection Agency, Research Triangle Park, B–8) 72. Smith, T.B. and S.M. Howard, 1972. NC. (Docket No. A–80–46, IV–G–1) 60. Auer, Jr., A.H., 1978. Correlation of Methodology for Treating Diffusivity. MRI 72 85. Environmental Protection Agency, Land Use and Cover with Meteorological FR–1030. Meteorology Research, Inc., 1981. Plan for Evaluating Model Anomalies. Journal of Applied Meteorology, Altadena, CA. (Docket No. A–80–46, II–P–8) Performance. Staff Report. U.S. 17(5): 636–643. 73. Environmental Protection Agency, Environmental Protection Agency, Research 61. Brier, G.W., 1973. Validity of the Air 1984. Calms Processor (CALMPRO) User’s Triangle Park, NC. (Docket No. A–80–46, II– Quality Display Model Calibration Guide. EPA Publication No. EPA–901/9–84– G–6) Procedure. EPA Publication No. EPA–R4–73– 001. U.S. Environmental Protection Agency, 86. Environmental Protection Agency, 017. U.S. Environmental Protection Agency, Region I, Boston, MA. (NTIS No. PB 84– 1979. Guideline for the Interpretation of Research Triangle Park, NC. (NTIS No. PB– 229467) Ozone Air Quality Standards. EPA 218716) 74. Burton, C.S., 1981. The Role of Publication No. EPA 450/4–79–003. U.S. 62. Environmental Protection Agency, 1985 Atmospheric Models in Regulatory Decision- Environmental Protection Agency, Research and ff. Compilation of Air Pollutant Emission Making: Summary Report. Systems Triangle Park, NC. (NTIS No. PB–292271) Factors, Volume I: Stationary Point and Area Applications, Inc., San Rafael, CA. Prepared 87. Environmental Protection Agency, Sources (Fourth Edition; GPO Stock No. 055– under contract No. 68–01–5845 for U.S. 1974. Guidelines for Air Quality 000–00251–7), and Supplements; Volume II: Environmental Protection Agency, Research Maintenance Planning and Analysis, Volume Mobile Sources (NTIS PB 87–205266) and Triangle Park, NC. (Docket No. A–80–46, II– 12: Applying Atmospheric Simulation Supplement(s). EPA Publication No. AP–42. M–6) Models to Air Quality Maintenance Areas. U.S. Environmental Protection Agency, 75. Environmental Protection Agency, EPA Publication No. EPA–450/4–74–013. Research Triangle Park, NC. 1981. Proceedings of the Second Conference U.S. Environmental Protection Agency, 63. Environmental Protection Agency, on Air Quality Modeling, Washington, DC. Research Triangle Park, NC. (NTIS No. PB– 1987. Ambient Air Monitoring Guidelines for U.S. Environmental Protection Agency, 237750) Prevention of Significant Deterioration (PSD). Research Triangle Park, NC. (Docket No. A– 88. Environmental Protection Agency, EPA Publication No. EPA–450/4–87–007. 80–46, II–M–16) 1977. Guidelines for Interpretation of Air U.S. Environmental Protection Agency, 76. Hanna, S.R., 1982. Natural Variability Quality Standards (Revised). OAQPS No. Research Triangle Park, NC. (NTIS No. PB of Observed Hourly SO2 and CO 1.2–008. U.S. Environmental Protection 90–168030) Concentrations in St. Louis. Atmospheric Agency, Research Triangle Park, NC. (NTIS 64. Landsberg, H.E. and W.C. Jacobs, 1951. Environment, 16(6): 1435–1440. No. PB 81–196420) Compendium of Meteorology. American 77. Fox, D.G., 1983. Uncertainty in Air 89. Environmental Protection Agency, Meteorological Society, Boston, MA; pp. Quality Modeling. Bulletin of the American 1986. Emissions Trading Policy Statement; 976–992. Meteorological Society, 65(1): 27–36. General Principles for Creation, Banking, and 65. Burton, C.S., T.E. Stoeckenius and J.P. 78. Bowne, N.E., 1981. Validation and Use of Emission Reduction Credits. Federal Nordin, 1983. The Temporal Performance Criteria for Air Quality Models. Register, 51: 43814–43860. Representativeness of Short-Term Appendix F in Air Quality Modeling and the 90. Environmental Research and Meteorological Data Sets: Implications for Air Clean Air Act: Recommendations to EPA on Technology, 1987. User’s Guide to the Rough Quality Impact Assessments. Systems Dispersion Modeling for Regulatory Terrain Diffusion Model (RTDM), Rev. 3.20. Applications, Inc., San Rafael, CA. (Docket Applications. American Meteorological ERT Document No. P–D535–585. No. A–80–46, II–G–11) Society, Boston, MA; pp. 159–171. (Docket Environmental Research and Technology, 66. Environmental Protection Agency, No. A–80–46, II–A–106) Inc., Concord, MA. (NTIS No. PB 88–171467) 1987. On-Site Meteorological Program 79. Bowne, N.E. and R.J. Londergan, 1983. 91. Burns, D.J., S.G. Perry and A.J. Guidance for Regulatory Modeling Overview, Results, and Conclusions for the Cimorelli, 1991. An Advanced Screening Applications. EPA Publication No. EPA–450/ EPRI Plume Model Validation and Model for Complex Terrain Applications. 4–87–013. U.S. Environmental Protection Development Project: Plains Site. EPRI EA– Paper presented at the 7th Joint Conference Agency, Research Triangle Park, NC. (NTIS 3074. Electric Power Research Institute, Palo on Applications of Air Pollution Meteorology No. PB 87–227542) Alto, CA. (cosponsored by the American 67. Environmental Protection Agency, 80. Moore, G.E., T.E. Stoeckenius and D.A. Meteorological Society and the Air & Waste 1989. Quality Assurance for Air Pollution Stewart, 1982. A Survey of Statistical Management Association), January 13–18, Measurement Systems, Volume IV— Measures of Model Performance and 1991, New Orleans, LA. Meteorological Measurements. EPA Accuracy for Several Air Quality Models. 92. Perry, S.G., 1992. CTDMPLUS: A Publication No. EPA–600/4–82–060R. U.S. EPA Publication No. EPA–450/4–83–001. Dispersion Model for Sources near Complex Environmental Protection Agency, Research U.S. Environmental Protection Agency, Topography. Part I: Technical Formulations. Triangle Park, NC. Research Triangle Park, NC. (NTIS No. PB Journal of Applied Meteorology, 31(7): 633– 68. Irwin, J.S., 1980. Dispersion Estimate 83–260810) 645. Suggestion #8: Estimation of Pasquill 81. Rhoads, R.G., 1981. Accuracy of Air 93. Paumier, J.O., S.G. Perry and D.J. Stability Categories. U.S. Environmental Quality Models. Staff Report. U.S. Burns, 1992. CTDMPLUS: A Dispersion Protection Agency, Research Triangle Park, Environmental Protection Agency, Research Model for Sources near Complex NC (Docket No. A–80–46, II–B–10) Triangle Park, NC. (Docket No. A–80–46, II– Topography. Part II: Performance 69. Mitchell, Jr., A.E. and K.O. Timbre, G–6) Characteristics. Journal of Applied 1979. Atmospheric Stability Class from 82. Pasquill, F., 1974. Atmospheric Meteorology, 31(7): 646–660. Horizontal Wind Fluctuation. Presented at Diffusion, 2nd Edition. John Wiley and Sons, 94. Environmental Protection Agency, 72nd Annual Meeting of Air Pollution New York, NY; 479 pp. 1986. Evaluation of Mobile Source Air Control Association, Cincinnati, OH; June 83. Austin, B.S., T.E. Stoeckenius, M.C. Quality Simulation Models. EPA Publication 24–29, 1979. (Docket No. A–80–46, II–P–9) Dudik and T.S. Stocking, 1988. User’s Guide No. EPA–450/4–86–002. U.S. Environmental 70. Nuclear Regulatory Commission, 1972. to the Expected Exceedances System. Protection Agency, Research Triangle Park, Meteorological Programs in Support of Systems Applications, Inc., San Rafael, CA. NC. (NTIS No. PB 86–167293) Nuclear Power Plants. Regulatory Guide 1.23 Prepared under Contract No. 68–02–4352 95. Shannon, J.D., 1987. Mobile Source (DRAFT). U.S. Nuclear Regulatory Option I for the U.S. Environmental Modeling Review. A report prepared under a 41864 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations cooperative agreement with the Agency. EPA Publication No. EPA–450/4– 116. Environmental Protection Agency, Environmental Protection Agency. (Docket 87–010. U.S. Environmental Protection 1989. Hazardous Waste TSDF Fugitive No. A–88–04, II–J–2) Agency, Research Triangle Park, NC. (NTIS Particulate Matter Air Emissions Guidance 96. Environmental Protection Agency, No. PB 87–206496) Document. EPA Publication No. EPA–450/3– 1991. Emission Inventory Requirements for 106. Environmental Protection Agency, 89–019. U.S. Environmental Protection Carbon Monoxide State Implementation 1987. Protocol for Reconciling Differences Agency, Research Triangle Park, NC. (NTIS Plans. EPA Publication No. EPA–450/4–91– Among Receptor and Dispersion Models. No. PB 90–103250) 011. U.S. Environmental Protection Agency, EPA Publication No. EPA–450/4–87–008. 117. Environmental Protection Agency, Research Triangle Park, NC. (NTIS No. PB U.S. Environmental Protection Agency, 1989. Procedures for Conducting Air 92–112150) Research Triangle Park, NC. (NTIS No. PB Pathway Analyses for Superfund 97. Environmental Protection Agency, 87–206504) Applications, Volume I Applications of Air 1992. Guideline for Regulatory Application 107. Environmental Protection Agency, Pathway Analyses for Superfund Activities of the Urban Airshed Model for Areawide 1988. Chemical Mass Balance Model and Volume IV Procedures for Dispersion Carbon Monoxide. EPA Publication No. Diagnostics. EPA Publication No. EPA–450/ Modeling and Air Monitoring for Superfund EPA–450/4–92–011a and b. U.S. 4–88–005. U.S. Environmental Protection Air Pathway Analysis, EPA–450/1–89–001 Environmental Protection Agency, Research Agency, Research Triangle Park, NC. (NTIS and 004. U.S. Environmental Protection Triangle Park, NC. (NTIS Nos. PB 92–213222 No. PB 88–208319) Agency, Research Triangle Park, NC. (NTIS and PB 92–213230) 108. Environmental Protection Agency, Nos. PB 89–113374 and PB 89–113382) 98. Environmental Protection Agency, 1987. PM–10 SIP Development Guideline. 118. Environmental Protection Agency, 1992. Technical Support Document to Aid EPA Publication No. EPA–450/2–86–001. 1988. Air Dispersion Modeling as Applied to States with the Development of Carbon U.S. Environmental Protection Agency, Hazardous Waste Incinerator Evaluations, An Monoxide State Implementation Plans. EPA Research Triangle Park, NC. (NTIS No. PB Introduction For the Permit Writer. U.S. Publication No. EPA–452/R–92–003. U.S. 87–206488) Environmental Protection Agency, Research Environmental Protection Agency, Research 109. Environmental Protection Agency, Triangle Park, NC. (Docket No. A–88–04, II– Triangle Park, NC. (NTIS No. PB 92–233055) 1987. Example Modeling to Illustrate SIP J–10) 99. Environmental Protection Agency, Development for The PM–10 NAAQS. EPA 119. Environmental Protection Agency, 1986. Evaluation of Short-Term Long-Range Publication No. EPA–450/4–87–012. U.S. 1989. U.S. EPA Office of Toxic Substances Transport Models, Volumes I and II. EPA Environmental Protection Agency, Research Graphical Exposure Modeling System Publication Nos. EPA–450/4–86–016a and b. Triangle Park, NC. (NTIS No. PB 87–205191) (GEMS) User’s Guide and GAMS Version 3.0 U.S. Environmental Protection Agency, 110. Sestak, M.L. and A.R. Riebau, 1988. User’s Guide (DRAFT). Prepared under SASEM Simple Approach Smoke Estimation Research Triangle Park, NC. (NTIS Nos. PB Contract No. 68–02–0481 for the U.S. Model. U.S. Bureau of Land Management, 87–142337 and PB 87–142345) Environmental Protection Agency, Technical Note 382. BLM/YA/PT–88/003 + 100. McNider, R.T., 1987. Review of Short- Washington, D.C. (Docket No. A–88–04, II–J– 7000. Available from Printed Materials Term Long-Range Models. A report prepared 5a and II–J–13) Distribution Section, BLM Service Center under a cooperative agreement with the 120. Federal Emergency Management (SC–658B), Denver, CO 80225–0047. (NTIS Environmental Protection Agency. (Docket No. PB 90–185653) Agency, 1989. Handbook of Chemical Hazard No. A–88–04, II–I–10) 111. Environmental Protection Agency, Analysis Procedures. Available on request by 101. Lamb, R.G., 1983. A Regional Scale 1992. A Modeling Protocol for Applying writing to: Federal Emergency Management (1,000km) Model of Photochemical Air Mesopuff II to Long Range Transport Agency, Publications Office, 500 C Street, Pollution, Part I—Theoretical Formulation, Problems. EPA Publication No. EPA–454/R– S.W., Washington, D.C. 20472. Part II—Input Processor Network Design, and 92–021. U.S. Environmental Protection 121. Environmental Protection Agency, Part III—Tests of Numerical Algorithms. EPA Agency, Research Triangle Park, NC. 1987. Technical Guidance for Hazards Publication Nos. EPA–600/3–83–035, EPA– 112. DiCristofaro, D.C. and S.R. Hanna, Analysis: Emergency Planning for Extremely 600/3–84–085, and EPA–600/3–85–037. U.S. 1989. The Offshore and Coastal Dispersion Hazardous Substances. Available on request Environmental Protection Agency, Research (OCD) Model, Volume I: User’s Guide, by telephone: 1–800–535–0202. Triangle Park, NC. (NTIS Nos. PB 83–207688, Volume II: Appendices. Version 4 Prepared 122. Environmental Protection Agency, PB 84–232651, and PB 85–203818, for Minerals Management Services by Sigma 1988. Superfund Exposure Assessment respectively) Research Corporation, Westford, MA. (Docket Manual. EPA–540/1–88–001, OSWER 102. Young, J.O., M. Aissa, T.L. Boehm et No. A–88–04, II–D–A–06) Directive 9285.5–1. Office of Remedial al., 1989. Development of the Regional 113. Federal Aviation Administration, Response, Washington, D.C. 20460. (NTIS Oxidant Model, Version 2.1. EPA Publication 1988. A Microcomputer Pollution Model for No. PB 89–135859) No. EPA–600/3–89–044. U.S. Environmental Civilian Airports and Air Force Bases, Model 123. Environmental Protection Agency, Protection Agency, Research Triangle Park, Description, Model Application and 1989. Incineration of Sewage Sludge; NC. (NTIS No. PB 89–194252) Background, and EDMS User’s Guide (June Technical Support Document. Office of 103. Environmental Protection Agency, 1991). Federal Aviation Administration Water Regulations and Standards, 1991. The Regional Oxidant Model (ROM) Publication Nos. FAA–EE–88–4 and 5; FAA– Washington, D.C. 20460. (NTIS No. PB 89– User’s Guide. Part 1: The ROM Preprocessors. EE–91–3, respectively. United States Air 136592) EPA Publication No. EPA–600/8–90–083a Force Publication Nos. ESL–TR–88–53 and 124. Environmental Protection Agency, (NTIS No. PB 91–171926); Part 2: The ROM 55; ESL–TR–91–31, respectively. Federal 1989. Sludge Incineration Modeling (SIM) Processor Network. EPA Publication No. Aviation Administration, Office of System User’s Guide (Draft). Office of EPA–600/8–90–083b (NTIS No. PB 91– Environment and Energy, Washington, D.C. Pesticides and Toxic Substances, Exposure 171934); Part 3: The Core Model. EPA (NTIS Nos. ADA 199003, ADA 199794, and Evaluation Division, Washington, D.C. 20460. Publication No. EPA–600/8–90–083c (NTIS ADA 240528, respectively) (NTIS No. PB 89–138762) No. PB 91–171942). U.S. Environmental 114. Environmental Protection Agency, 125. Environmental Protection Agency, Protection Agency, Research Triangle Park, 1992. Workbook of Screening Techniques for 1989. Risk Assessment Guidance for NC. Assessing Impacts of Toxic Air Pollutants Superfund. Volume I: Human Health 104. Chang, J.S., R.A. Brost, I.S.A. Isaksen, (Revised). EPA Publication No. EPA–454/R– Evaluation Manual Part A. (Interim Final). S. Madronich, P. Middleton, W.R. Stockwell 92–024. U.S. Environmental Protection OSWER Directive 9285.7–01a. Office of Solid and C.J. Waleck, 1987. A Three-Dimensional Agency, Research Triangle Park, NC. Waste and Emergency Response, Eulerian Acid Deposition Model: Physical 115. Environmental Protection Agency, Washington, D.C. 20460. Concepts and Formulation. Journal of 1990. User’s Guide to TSCREEN: A Model for 126. Environmental Protection Agency, Geophysical Research, 92(D12): 14681– Screening Toxic Air Pollutant 1986. User’s Manual for the Human Exposure 14700. Concentrations. EPA Publication No. EPA– Model (HEM). EPA Publication No. EPA– 105. Environmental Protection Agency, 450/4–90–013. U.S. Environmental 450/5–86–001. Office of Air Quality Planning 1987. Protocol for Applying and Validating Protection Agency, Research Triangle Park, and Standards, Research Triangle Park, NC. the CMB. U.S. Environmental Protection NC. (NTIS No. PB 91–141820) 27711. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41865

127. Environmental Protection Agency, Prediction of Airborne Effluents, Third by the American Meteorological Society, 1992. A Tiered Modeling Approach for Edition. American Society of Mechanical Boston, MA. Assessing the Risks Due to Sources of Engineers, New York, NY. Hoffnagle, G.F., M.E. Smith, T.V. Crawford Hazardous Air Pollutants. EPA Publication 13.0 Bibliography i and T.J. Lockhart, 1981. On-site No. EPA–450/4–92–001. Environmental Meteorological Instrumentation American Meteorological Society, 1971– Protection Agency, Research Triangle Park, Requirements to Characterize Diffusion from 1985. Symposia on Turbulence, Diffusion, NC. (NTIS No. PB 92–164748) Point Sources—A Workshop, 15–17 January and Air Pollution (1st–7th), Boston, MA. 128. Environmental Protection Agency, 1980, Raleigh, NC. Bulletin of the American American Meteorological Society, 1977– 1992. Toxic Modeling System Short-term Meteorological Society, 62(2): 255–261. (TOXST) User’s Guide. EPA Publication No. 1984. Joint Conferences on Applications of Air Pollution Meteorology (1st–4th). McMahon, R.A. and P.J. Denison, 1979. EPA–450/4–92–002. Environmental Empirical Atmospheric Deposition Protection Agency, Research Triangle Park, Sponsored by the American Meteorological Society and the Air Pollution Control Parameters—A Survey. Atmospheric NC. Environment, 13: 571–585. 129. Environmental Protection Agency, Association, Boston, MA. American Meteorological Society, 1978. McRae, G.J., J.A. Leone and J.H. Seinfeld, 1992. Toxic Modeling System Long-term 1983. Evaluation of Chemical Reaction (TOXLT) User’s Guide. EPA Publication No. Accuracy of Dispersion Models. Bulletin of the American Meteorological Society, 59(8): Mechanisms for Photochemical Smog. Part I: EPA–450/4–92–003. Environmental Mechanism Descriptions and Documentation. Protection Agency, Research Triangle Park, 1025–1026. American Meteorological Society, 1981. EPA Publication No. EPA–600/3/83–086. NC. U.S. Environmental Protection Agency, 130. Environmental Protection Agency, Air Quality Modeling and the Clean Air Act: Recommendations to EPA on Dispersion Research Triangle Park, NC. 1989. User’s Guide for the DEGADIS 2.1 Pasquill, F. and F.B. Smith, 1983. Dense Gas Dispersion Model. EPA Modeling for Regulatory Applications, Boston, MA. Atmospheric Diffusion, 3rd Edition. Ellis Publication No. EPA–450/4–89–019. U.S. Horwood Limited, Chichester, West Sussex, Environmental Protection Agency, Research Briggs, G.A., 1969. Plume Rise. U.S. Atomic Energy Commission Critical Review England, 438 pp. Triangle Park, NC. (NTIS No. PB 90–213893) Randerson, D., Ed., 1984. Atmospheric 131. Environmental Protection Agency, Series, Oak Ridge National Laboratory, Oak Ridge, TN. Science and Power Production. DOE/TIC 1993. Guidance on the Application of 2760l. Office of Scientific and Technical Refined Models for Air Toxics Releases. EPA Dickerson, W.H. and P.H. Gudiksen, 1980. ASCOT FY 79 Program Report. Report Information, U.S. Department of Energy, Oak Publication No. EPA–450/4–91–007. UCRL—52899, ASCOT 80–1. Lawrence Ridge, TN. Environmental Protection Agency, Research Livermore National Laboratory, Livermore, Roberts, J.J., Ed., 1977. Report to U.S. EPA Triangle Park, NC. (NTIS No. PB 91–190983) CA. of the Specialists’ Conference on the EPA 132. Perry, R.H. and Chilton, C.H., 1973. Drake, R.L. and S.M. Barrager, 1979. Modeling Guideline. U.S. Environmental Chemical Engineers’ Handbook, Fifth Mathematical Models for Atmospheric Protection Agency, Research Triangle Park, Edition, McGraw-Hill Book Company, New Pollutants. EPRI EA–1131. Electric Power NC. York, NY. Research Institute, Palo Alto, CA. Smith, M.E., Ed., 1973. Recommended 133. Environmental Protection Agency, Environmental Protection Agency, 1978. Guide for the Prediction of the Dispersion of 1988. User’s Guide to SDM—A Shoreline Workbook for Comparison of Air Quality Airborne Effluents. The American Society of Dispersion Model. EPA Publication No. EPA– Models. EPA Publication No. EPA–450/2– Mechanical Engineers, New York, NY. 450/4–88–017. U.S. Environmental 78–028a and b. U.S. Environmental Stern, A.C., Ed., 1976. Air Pollution, Third Protection Agency, Research Triangle Park, Protection Agency, Research Triangle Park, Edition, Volume I: Air Pollutants, Their NC. (NTIS No. PB 89–164305) NC. Transformation and Transport. Academic 134. Environmental Protection Agency, Fox, D.G., and J.E. Fairobent, 1981. NCAQ Press, New York, NY. 1987. Analysis and Evaluation of Statistical Panel Examines Uses and Limitations of Air Turner, D.B., 1979. Atmospheric Coastal Fumigation Models. EPA Publication Quality Models. Bulletin of the American Dispersion Modeling: A Critical Review. No. EPA–450/4–87–002. U.S. Environmental Meteorological Society, 62(2): 218–221. Journal of the Air Pollution Control Protection Agency, Research Triangle Park, Gifford, F.A., 1976. Turbulent Diffusion Association, 29(5): 502–519. NC. (NTIS No. PB 87–175519) Typing Schemes: A Review. Nuclear Safety, Whiteman, C.D. and K.J. Allwine, 1982. 135. Environmental Protection Agency, 17(1): 68–86. Green River Ambient Model Assessment 1996. Meteorological Processor for Gudiksen, P.H., and M.H. Dickerson, Eds., Program FY–1982 Progress Report. PNL– Regulatory Models (MPRM) User’s Guide. Executive Summary: Atmospheric Studies in 4520. Pacific Northwest Laboratory, EPA Publication No. EPA–454/B–96–002. Complex Terrain Technical Progress Report Richland, WA. U.S. Environmental Protection Agency, FY–1979 Through FY–1983. Lawrence 14.0 Glossary of Terms Research Triangle Park, NC. (NTIS No. PB Livermore National Laboratory, Livermore, 96–180518) CA. (Docket Reference No. II–I–103). Air quality. Ambient pollutant 136. Bowen, B.M., J.M. Dewart and A.I. Hales, J.M., 1976. Tall Stacks and the concentrations and their temporal and spatial Chen, 1983. Stability Class Determination: A Atmospheric Environment. EPA Publication distribution. Comparison for One Site. Proceedings, Sixth No. EPA–450/3–76–007. U.S. Environmental Algorithm. A specific mathematical Symposium on Turbulence and Diffusion. Protection Agency, Research Triangle Park, calculation procedure. A model may contain American Meteorological Society, Boston, NC. several algorithms. MA; pp. 211–214. (Docket No. A–92–65, II– Hanna, S.R., G.A. Briggs, J. Deardorff, B.A. Background. Ambient pollutant A–7) Egan, G.A. Gifford and F. Pasquill, 1977. concentrations due to: 137. Environmental Protection Agency, AMS Workshop on Stability Classification (1) Natural sources; 1993. An Evaluation of a Solar Radiation/ Schemes And Sigma Curves—Summary of (2) Nearby sources other than the one(s) Delta-T (SRDT) Method for Estimating Recommendations. Bulletin of the American currently under consideration; and Pasquill-Gifford (P–G) Stability Categories. Meteorological Society, 58(12): 1305–1309. (3) Unidentified sources. EPA Publication No. EPA–454/R–93–055. Hanna, S.R., G.A. Briggs and R.P. Hosker, Calibrate. An objective adjustment using U.S. Environmental Protection Agency, Jr., 1982. Handbook on Atmospheric measured air quality data (e.g., an adjustment Research Triangle Park, NC. (NTIS No. PB Diffusion. Technical Information Center, U.S. based on least-squares linear regression). 94–113958) Department of Energy, Washington, D.C. Calm. For purposes of air quality 138. Environmental Protection Agency, Haugen, D.A., Workshop Coordinator, modeling, calm is used to define the situation 1993. PCRAMMET User’s Guide. EPA 1975. Lectures on Air Pollution and when the wind is indeterminate with regard Publication No. EPA–454/B–93–009. U.S. Environmental Impact Analyses. Sponsored to speed or direction. Environmental Protection Agency, Research Complex terrain. Terrain exceeding the Triangle Park, NC. i The documents listed here are major sources of height of the stack being modeled. 139. American Society of Mechanical supplemental information on the theory and Computer code. A set of statements that Engineers, 1979. Recommended Guide for the application of mathematical air quality models. comprise a computer program. 41866 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

Evaluate. To appraise the performance and specific regulatory applications. For each Rural areas; accuracy of a model based on a comparison model, information is provided on Transport distances less than 50 of concentration estimates with observed air availability, approximate cost, regulatory use, kilometers; quality data. data input, output format and options, Simple terrain; and Fluid modeling. Modeling conducted in a simulation of atmospheric physics, and One hour to one year averaging times. wind tunnel or water channel to accuracy. These models may be used without The following options should be selected quantitatively evaluate the influence of a formal demonstration of applicability for regulatory applications: buildings and/or terrain on pollutant provided they satisfy the recommendations Rural (IRU=1) mixing height option; concentrations. for regulatory use; not all options in the Default (no selection) for plume rise wind Fugitive dust. Dust discharged to the models are necessarily recommended for shear (LSHEAR), transitional point source atmosphere in an unconfined flow stream regulatory use. plume rise (LTRANS), vertical potential such as that from unpaved roads, storage Many of these models have been subjected temperature gradient (DTHTA), vertical wind piles and heavy construction operations. to a performance evaluation using Model. A quantitative or mathematical comparisons with observed air quality data. speed power law profile exponents (PEXP), representation or simulation which attempts A summary of such comparisons for models maximum variation in number of stability to describe the characteristics or contained in this appendix is included in classes per hour (IDELS), pollutant decay relationships of physical events. Moore et al. (1982). Where possible, several (DECFAC), the constant in Briggs’ stable Preferred model. A refined model that is of the models contained herein have been plume rise equation (CONST2), constant in recommended for a specific type of subjected to evaluation exercises, including Briggs’ neutral plume rise equation regulatory application. (1) statistical performance tests (CONST3), convergence criterion for the line Receptor. A location at which ambient air recommended by the American source calculations (CRIT), and maximum quality is measured or estimated. Meteorological Society and (2) peer scientific iterations allowed for line source calculations Receptor models. Procedures that examine reviews. The models in this appendix have (MAXIT); and an ambient monitor sample of particulate been selected on the basis of the results of the Terrain option (TERAN) set equal to 0.0, matter and the conditions of its collection to model evaluations, experience with previous 0.0, 0.0, 0.0, 0.0, 0.0 infer the types or relative mix of sources use, familiarity of the model to various air For other applications, BLP can be used if impacting on it during collection. quality programs, and the costs and resource it can be demonstrated to give the same Refined model. An analytical technique requirements for use. estimates as a recommended model for the that provides a detailed treatment of physical All models and user’s documentation in same application, and will subsequently be and chemical atmospheric processes and this appendix are available from: Computer executed in that mode. requires detailed and precise input data. Products, National Technical Information BLP can be used on a case-by-case basis Specialized estimates are calculated that are Service (NTIS), U.S. Department of with specific options not available in a useful for evaluating source impact relative Commerce, Springfield, VA 22161, Phone: recommended model if it can be to air quality standards and allowable (703) 487–4650. In addition, model codes demonstrated, using the criteria in Section increments. The estimates are more accurate and selected, abridged user’s guides are 3.2, that the model is more appropriate for a than those obtained from conservative available from the Support Center for specific application. screening techniques. Regulatory Air Models Bulletin Board Rollback. A simple model that assumes System 19 (SCRAM BBS), telephone (919) b. Input Requirements that if emissions from each source affecting 541–5742. The SCRAM BBS is an electronic Source data: point sources require stack a given receptor are decreased by the same bulletin board system designed to be user location, elevation of stack base, physical percentage, ambient air quality friendly and accessible from anywhere in the stack height, stack inside diameter, stack gas concentrations decrease proportionately. country. Model users with personal exit velocity, stack gas exit temperature, and Screening technique. A relatively simple computers are encouraged to use the SCRAM pollutant emission rate. Line sources require analysis technique to determine if a given BBS to download current model codes and coordinates of the end points of the line, source is likely to pose a threat to air quality. text files. Concentration estimates from screening release height, emission rate, average line A.1 Buoyant Line and Point Source techniques are conservative. source width, average building width, Dispersion Model (BLP) Simple terrain. An area where terrain average spacing between buildings, and features are all lower in elevation than the Reference average line source buoyancy parameter. top of the stack of the source. Meteorological data: hourly surface Schulman, Lloyd L. and Joseph S. Scire, weather data from punched cards or from the Appendix A to Appendix W of part 51— 1980. Buoyant Line and Point Source (BLP) preprocessor program RAMMET which Summaries of Preferred Air Quality Models Dispersion Model User’s Guide. Document provides hourly stability class, wind P–7304B. Environmental Research and direction, wind speed, temperature, and Table of Contents Technology, Inc., Concord, MA. (NTIS No. mixing height. A.0 Introduction and Availability PB 81–164642) Receptor data: locations and elevations of A.1 Buoyant Line and Point Source receptors, or location and size of receptor Dispersion Model (BLP) Availability A.2 Caline3 The computer code is available on the grid or request automatically generated A.3 Climatological Dispersion Model (CDM Support Center for Regulatory Models receptor grid. 2.0) Bulletin Board System and also on diskette c. Output A.4 Gaussian-Plume Multiple Source Air (as PB 90–500281) from the National Printed output (from a separate post- Quality Algorithm (RAM) Technical Information Service (see Section processor program) includes: A.5 Industrial Source Complex Model A.0). (ISC3) Total concentration or, optionally, source Abstract A.6 Urban Airshed Model (UAM) contribution analysis; monthly and annual A.7 Offshore and Coastal Dispersion Model BLP is a Gaussian plume dispersion model frequency distributions for 1-, 3-, and 24- (OCD) designed to handle unique modeling hour average concentrations; tables of 1-, 3- A.8 Emissions and Dispersion Modeling problems associated with aluminum , and 24-hour average concentrations at each System (EDMS) reduction plants, and other industrial sources receptor; table of the annual (or length of run) A.9 Complex Terrain Dispersion Model where plume rise and downwash effects from average concentrations at each receptor; Plus Algorithms For Unstable Situations stationary line sources are important. Five highest 1-, 3-, and 24-hour average concentrations at each receptor; and (CTDMPLUS) a. Recommendations for Regulatory Use A.REF References Fifty highest 1-, 3-, and 24-hour The BLP model is appropriate for the concentrations over the receptor field. A.0 Introduction and Availability following applications: This appendix summarizes key features of Aluminum reduction plants which contain d. Type of Model refined air quality models preferred for buoyant, elevated line sources; BLP is a gaussian plume model. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41867 e. Pollutant Types Aluminum Reduction Plants. APCA f. Source-Receptor Relationship BLP may be used to model primary Specialty Conference on Dispersion Up to 20 highway links are treated. pollutants. This model does not treat settling Modeling for Complex Sources, St. Louis, CALINE–3 applies user input location and and deposition. MO. emission rate for each link. User-input A.2 CALINE3 f. Source-Receptor Relationship receptor locations are applied. BLP treats up to 50 point sources, 10 Reference g. Plume Behavior parallel line sources, and 100 receptors Benson, Paul E., 1979. CALINE3—A Plume rise is not treated. arbitrarily located. Versatile Dispersion Model for Predicting Air User-input topographic elevation is Pollutant Levels Near Highways and Arterial h. Horizontal Winds applied for each stack and each receptor. Streets. Interim Report, Report Number User-input hourly wind speed and g. Plume Behavior FHWA/CA/TL–79/23. Federal Highway direction are applied. Administration, Washington, D.C. (NTIS No. Constant, uniform (steady-state) wind is BLP uses plume rise formulas of Schulman PB 80–220841) and Scire (1980). assumed for an hour. Vertical potential temperature gradients of Availability i. Vertical Wind Speed 0.02 Kelvin per meter for E stability and The CALINE3 model is available on 0.035 Kelvin per meter are used for stable Vertical wind speed is assumed equal to diskette (as PB 95–502712) from NTIS. The zero. plume rise calculations. An option for user source code and user’s guide are also input values is included. available on the Support Center for j. Horizontal Dispersion Transitional rise is used for line sources. Regulatory Models Bulletin Board System Six stability classes are used. Option to suppress the use of transitional (see Section A.0). plume rise for point sources is included. Rural dispersion coefficients from Turner The building downwash algorithm of Abstract (1969) are used, with adjustment for roughness length and averaging time. Schulman and Scire (1980) is used. CALINE3 can be used to estimate the Initial traffic-induced dispersion is concentrations of nonreactive pollutants from h. Horizontal Winds handled implicitly by plume size parameters. highway traffic. This steady-state Gaussian Constant, uniform (steady-state) wind is model can be applied to determine air assumed for an hour. k. Vertical Dispersion Straight line plume transport is assumed to pollution concentrations at receptor locations Six stability classes are used. all downwind distances. downwind of ‘‘at-grade,’’ ‘‘fill,’’ ‘‘bridge,’’ Empirical dispersion coefficients from and ‘‘cut section’’ highways located in Wind speeds profile exponents of 0.10, Benson (1979) are used including an relatively uncomplicated terrain. The model 0.15, 0.20, 0.25, 0.30, and 0.30 are used for adjustment for roughness length. is applicable for any wind direction, highway stability classes A through F, respectively. Initial traffic-induced dispersion is orientation, and receptor location. The model An option for user-defined values and an handled implicitly by plume size parameters. has adjustments for averaging time and option to suppress the use of the wind speed Adjustment for averaging time is included. profile feature are included. surface roughness, and can handle up to 20 links and 20 receptors. It also contains an l. Chemical Transformation i. Vertical Wind Speed algorithm for deposition and settling velocity Not treated. Vertical wind speed is assumed equal to so that particulate concentrations can be zero. predicted. m. Physical Removal j. Horizontal Dispersion a. Recommendations for Regulatory Use Optional deposition calculations are included. Rural dispersion coefficients are from CALINE–3 is appropriate for the following Turner (1969), with no adjustment made for applications: n. Evaluation Studies variations in surface roughness or averaging Highway (line) sources; Bemis, G.R. et al., 1977. Air Pollution and time. Urban or rural areas; Roadway Location, Design, and Operation— Six stability classes are used. Simple terrain; Transport distances less than 50 Project Overview. FHWA–CA–TL–7080–77– k. Vertical Dispersion kilometers; and 25, Federal Highway Administration, Rural dispersion coefficients are from One-hour to 24-hour averaging times. Washington, D.C. Turner (1969), with no adjustment made for Cadle, S.H. et al., 1976. Results of the variations in surface roughness. b. Input Requirements General Motors Sulfate Dispersion Six stability classes are used. Source data: up to 20 highway links Experiment, GMR–2107. General Motors Mixing height is accounted for with classed as ‘‘at-grade,’’ ‘‘fill’’ ‘‘bridge,’’ or Research Laboratories, Warren, MI. multiple reflections until the vertical plume ‘‘depressed’’; coordinates of link end points; Dabberdt, W.F., 1975. Studies of Air standard deviation equals 1.6 times the traffic volume; emission factor; source height; Quality on and Near Highways, Project 2761. mixing height; uniform mixing is assumed and mixing zone width. Stanford Research Institute, Menlo Park, CA. beyond that point. Meteorological data: wind speed, wind A.3 Climatological Dispersion Model (CDM Perfect reflection at the ground is assumed. angle (measured in degrees clockwise from 2.0) the Y axis), stability class, mixing height, l. Chemical Transformation ambient (background to the highway) Reference Chemical transformations are treated using concentration of pollutant. Irwin, J.S., T. Chico and J. Catalano, 1985. linear decay. Decay rate is input by the user. Receptor data: coordinates and height CDM 2.0—Climatological Dispersion above ground for each receptor. c. m. Physical Removal Model—User’s Guide. U.S. Environmental Physical removal is not explicitly treated. c. Output Protection Agency, Research Triangle Park, Printed output includes concentration at NC. (NTIS No. PB 86–136546) n. Evaluation Studies each receptor for the specified meteorological Availability Schulman, L.L. and J.S. Scire, 1980. condition. Buoyant Line and Point Source (BLP) The source code and user’s guide is Dispersion Model User’s Guide, P–7304B. d. Type of Model available on the Support Center for Environmental Research and Technology, CALINE–3 is a Gaussian plume model. Regulatory Models Bulletin Board System. Inc., Concord, MA. The computer code is also available on Scire, J.S. and L.L. Schulman, 1981. e. Pollutant Types diskette (as PB 90–500406) from the National Evaluation of the BLP and ISC Models with CALINE–3 may be used to model primary Technical Information Service (see Section SF6 Tracer Data and SO2 Measurements at pollutants. A.0). 41868 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

Abstract No terrain differences between source and Second Meeting of the Expert Panel on Air CDM is a climatological steady-state receptor are treated. Pollution Modeling, NATO Committee on the Challenges of Modern Society, Paris, France. Gaussian plume model for determining long- g. Plume Behavior term (seasonal or annual) arithmetic average Zimmerman, J.R., 1972. The NATO/CCMS CDM uses Briggs (1969, 1971, 1975) plume pollutant concentrations at any ground-level Air Pollution Study of St. Louis, Missouri. rise equations. Optionally a plume rise-wind receptor in an urban area. Presented at the Third Meeting of the Expert speed product may be input for each point Panel on Air Pollution Modeling, NATO a. Recommendations for Regulatory Use source. Committee on the Challenges of Modern Stack tip downwash equation from Briggs CDM is appropriate for the following Society, Paris, France. (1974) is preferred for regulatory use. The applications: A.4 Gaussian-Plume Multiple Source Air Bjorklund and Bowers (1982) equation is also Point and area sources; included. Quality Algorithm (RAM) Urban areas; No plume rise is calculated for area Reference Flat terrain; sources. Turner, D.B. and J.H. Novak, 1978. User’s Transport distances less than 50 Does not treat fumigation or building Guide for RAM. Publication No. EPA–600/8– kilometers; downwash. Long term averages over one month to one 78–016, Vol. a and b. U.S. Environmental year or longer. h. Horizontal Winds Protection Agency, Research Triangle Park, The following option should be selected Wind data are input as a stability wind NC. (NTIS Nos. PB 294791 and PB 294792) for regulatory applications: rose (joint frequency distribution of 16 wind Catalano, J.A., D.B. Turner and H. Novak, Set the regulatory ‘‘default option’’ directions, 6 wind classes, and 5 stability 1987. User’s Guide for RAM—Second (NDEF=1) which automatically selects stack classes). Edition. U.S. Environmental Protection tip downwash, final plume rise, buoyancy- Wind speed profile exponents for the Agency, Research Triangle Park, NC. induced dispersion (BID), and the urban case (Irwin, 1979; EPA, 1980) are used, Availability appropriate wind profile exponents. assuming the anemometer height is at 10.0 Enter ‘‘0’’ for pollutant half-life for all meters. The source code and user’s guide is pollutants except for SO2 in an urban setting. available on the Support Center for This entry results in no decay (infinite half- i. Vertical Wind Speed Regulatory Models Bulletin Board System. life) being calculated. For SO2 in an urban Vertical wind speed is assumed equal to The computer code is also available on setting, the pollutant half-life (in hours) zero. diskette (as PB 90–500315) from the National should be set to 4.0. Technical Information Service (see Section j. Horizontal Dispersion A.0). b. Input Requirements Pollutants are assumed evenly distributed Abstract Source data: location, average emissions across a 22.5 or 10.0 degree sector. rates and heights of emissions for point and RAM is a steady-state Gaussian plume k. Vertical Dispersion area sources. Point source data requirements model for estimating concentrations of also include stack gas temperature, stack gas There are seven vertical dispersion relatively stable pollutants, for averaging exit velocity, and stack inside diameter for parameter schemes, but the following is times from an hour to a day, from point and plume rise calculations for point sources. recommended for regulatory applications: area sources in a rural or urban setting. Level Meteorological data: stability wind rose • Briggs-urban (Gifford, 1976). terrain is assumed. Calculations are (STAR deck day/night version), average Mixing height has no effect until performed for each hour. dispersion coefficient equals 0.8 times the mixing height and wind speed in each a. Recommendations for Regulatory Use stability category, and average air mixing height; uniform vertical mixing is temperature. assumed beyond that point. RAM is appropriate for the following Receptor data: cartesian coordinates of Buoyancy-induced dispersion (Pasquill, applications: each receptor. 1976) is included as an option. Perfect Point and area sources; reflection is assumed at the ground. Urban areas; c. Output Flat terrain; l. Chemical Transformation Printed output includes: Transport distances less than 50 Average concentrations for the period of Chemical transformations are treated using kilometers; and the stability wind rose data (arithmetic mean exponential decay. Half-life is input by the One hour to one year averaging times. only) at each receptor, and user. The following options should be selected for regulatory applications: Optional point and area concentration rose m. Physical Removal for each receptor. Set the regulatory ‘‘default option’’ to Physical removal is not explicitly treated. automatically select stack tip downwash, d. Type of Model final plume rise, buoyancy-induced n. Evaluation Studies CDM is a climatological Gaussian plume dispersion (BID), the new treatment for model. Busse, A.D. and J.R. Zimmerman, 1973. calms, the appropriate wind profile User’s Guide for the Climatological exponents, and the appropriate value for e. Pollutant Types Dispersion Model—Appendix E. EPA pollutant half-life. CDM may be used to model primary Publication No. EPA/R4–73–024. Office of pollutants. Settling and deposition are not Research and Development, Research b. Input Requirements treated. Triangle Park, NC. Source data: point sources require location, Irwin, J.S. and T.M. Brown, 1985. A emission rate, physical stack height, stack gas f. Source-Receptor Relationship Sensitivity Analysis of the Treatment of Area exit velocity, stack inside diameter and stack CDM applies user-specified locations for Sources by the Climatological Dispersion gas temperature. Area sources require all point sources and receptors. Model. Journal of Air Pollution Control location, size, emission rate, and height of Area sources are input as multiples of a Association, 35: 359–364. emissions. user-defined unit area source grid size. Londergan, R., D. Minott, D. Wachter and Meteorological data: hourly surface User specified release heights are applied R. Fizz, 1983. Evaluation of Urban Air weather data from the preprocessor program for individual point sources and the area Quality Simulation Models, EPA Publication RAMMET which provides hourly stability source grid. No. EPA–450/4–83–020. U.S. Environmental class, wind direction, wind speed, Actual separation between each source- Protection Agency, Research Triangle Park, temperature, and mixing height. Actual receptor pair is used. NC. anemometer height (a single value) is also The user may select a single height at or Zimmerman, J.R., 1971. Some Preliminary required. above ground level that applies to all Results of Modeling from the Air Pollution Receptor data: coordinates of each receptors. Study of Ankara, Turkey, Proceedings of the receptor. Options for automatic placement of Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41869 receptors near expected concentration Buoyancy-induced dispersion (Pasquill, A.5 Industrial Source Complex Model maxima, and a gridded receptor array are 1976) is included. (ISC3) included. Six stability classes are used. Reference c. Output Mixing height is accounted for with multiple reflections until the vertical plume Environmental Protection Agency, 1995. Printed output optionally includes: standard deviation equals 1.6 times the User’s Guide for the Industrial Source One to 24-hour and annual average mixing height; uniform vertical mixing is Complex (ISC3) Dispersion Models, Volumes concentrations at each receptor, assumed beyond that point. 1 and 2. EPA Publication Nos. EPA–454/B– Limited individual source contribution list, 95–003a & b. Environmental Protection Perfect reflection is assumed at the ground. and Agency, Research Triangle Park, NC. (NTIS Highest through fifth highest l. Chemical Transformation Nos. PB 95–222741 and PB 95–222758, concentrations at each receptor for period, respectively) with the highest and high, second-high Chemical transformations are treated using values flagged. exponential decay. Half-life is input by the Availability user. The model code is available on the Support d. Type of Model m. Physical Removal Center for Regulatory Air Models Bulletin RAM is a Gaussian plume model. Board System. ISCST3 (as PB 96–502000) Physical removal is not explicitly treated. e. Pollutant Types and ISCLT3 (PB 96–502018) are also n. Evaluation Studies available on diskette from the National RAM may be used to model primary Technical Information Service (see Section pollutants. Settling and deposition are not Ellis, H., P. Lou, and G. Dalzell, 1980. A.0). treated. Comparison Study of Measured and Predicted Concentrations with the RAM Abstract f. Source-Receptor Relationship Model at Two Power Plants Along Lake Erie. The ISC3 model is a steady-state Gaussian RAM applies user-specified locations for Second Joint Conference on Applications of plume model which can be used to assess all point sources and receptors. Area sources Air Pollution Meteorology, New Orleans, LA. pollutant concentrations from a wide variety are input as multiples of a user-defined unit Environmental Research and Technology, of sources associated with an industrial area source grid size. 1980. SO2 Monitoring and RAM (Urban) source complex. This model can account for User specified stack heights are applied for Model Comparison Study in Summit County, the following: settling and dry deposition of individual point sources. Ohio. Document P–3618–152, Environmental particles; downwash; area, line and volume Up to 3 effective release heights may be sources; plume rise as a function of specified for the area sources. Area source Research & Technology, Inc., Concord, MA. Guldberg, P.H. and C.W. Kern, 1978. A downwind distance; separation of point release heights are assumed to be appropriate sources; and limited terrain adjustment. ISC3 for a 5 meter per second wind and to be Comparison Validation of the RAM and PTMTP Models for Short-Term operates in both long-term and short-term inversely proportional to wind speed. modes. Actual separation between each source- Concentrations in Two Urban Areas. Journal receptor pair is used. of Air Pollution Control Association, 28: a. Recommendations for Regulatory Use 907–910. All receptors are assumed to be at the same ISC3 is appropriate for the following height at or above ground level. Hodanbosi, R.R. and L.K. Peters, 1981. applications: No terrain differences between source and Evaluation of RAM Model for Cleveland, • Industrial source complexes; receptor are accounted for. Ohio. Journal of Air Pollution Control • Rural or urban areas; g. Plume Behavior Association, 31: 253–255. • Flat or rolling terrain; Kennedy, K.H., R.D. Siegel and M.P. • Transport distances less than 50 RAM uses Briggs (1969, 1971, 1975) plume Steinberg, 1981. Case-Specific Evaluation of kilometers; rise equations for final rise. the RAM Atmospheric Dispersion Model in • 1-hour to annual averaging times; and Stack tip downwash equation from Briggs an Urban Area. 74th Annual Meeting of the • (1974) is used. Continuous toxic air emissions. American Institute of Chemical Engineers, A user supplied fraction of the area source The following options should be selected height is treated as the physical height. The New Orleans, LA. for regulatory applications: For short term or remainder is assumed to be plume rise for a Kummier, R.H., B. Cho, G. Roginski, R. long term modeling, set the regulatory 5 meter per second wind speed, and to be Sinha and A. Greenburg, 1979. A ‘‘default option’’; i.e., use the keyword inversely proportional to wind speed. Comparative Validation of the RAM and DFAULT, which automatically selects stack Fumigation and building downwash are Modified SAI Models for Short Term SO2 tip downwash, final plume rise, buoyancy not treated. Concentrations in Detroit. Journal of Air induced dispersion (BID), the vertical Pollution Control Association, 29: 720–723. potential temperature gradient, a treatment h. Horizontal Winds Londergan, R.J., N.E. Bowne, D.R. Murray, for calms, the appropriate wind profile Constant, uniform (steady state) wind is H. Borenstein and J. Mangano, 1980. An exponents, the appropriate value for assumed for an hour. Evaluation of Short-Term Air Quality Models pollutant half-life, and a revised building Straight line plume transport is assumed to Using Tracer Study Data. Report No. 4333, wake effects algorithm; set the ‘‘rural option’’ all downwind distances. American Petroleum Institute, Washington, (use the keyword RURAL) or ‘‘urban option’’ (use the keyword URBAN); and set the Separate wind speed profile exponents D.C. ‘‘concentration option’’ (use the keyword (Irwin, 1979; EPA, 1980) for urban cases are Londergan, R., D. Minott, D. Wackter and CONC). used. R. Fizz, 1983. Evaluation of Urban Air i. Vertical Wind Speed Quality Simulation Models. EPA Publication b. Input Requirements No. EPA–450/4–83–020. U.S. Environmental Source data: location, emission rate, Vertical wind speed is assumed equal to Protection Agency, Research Triangle Park, zero. physical stack height, stack gas exit velocity, NC. stack inside diameter, and stack gas j. Horizontal Dispersion Morgenstern, P., M.J. Geraghty, and A. temperature. Optional inputs include source Urban dispersion coefficients from Briggs McKnight, 1979. A Comparative Study of the elevation, building dimensions, particle size (Gifford, 1976) are used. RAM (Urban) and RAMR (Rural) Models for distribution with corresponding settling Buoyancy-induced dispersion (Pasquill, Short-term SO2 Concentrations in velocities, and surface reflection coefficients. 1976) is included. Metropolitan Indianapolis. 72nd Annual Meteorological data: ISCST3 requires Six stability classes are used. Meeting of the Air Pollution Control hourly surface weather data from the Association, Cincinnati, OH. preprocessor program RAMMET, which k. Vertical Dispersion Ruff, R.E., 1980. Evaluation of the RAM provides hourly stability class, wind Urban dispersion coefficients from Briggs Using the RAPS Data Base. Contract 68–02– direction, wind speed, temperature, and (Gifford, 1976) are used. 2770, SRI International, Menlo Park, CA. mixing height. For ISCLT3, input includes 41870 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations stability wind rose (STAR deck), average Straight line plume transport is assumed to Algorithm for the Industrial Source Complex afternoon mixing height, average morning all downwind distances. Short Term Model. EPA Publication No. mixing height, and average air temperature. Separate wind speed profile exponents EPA–454/R–92–015. U.S. Environmental Receptor data: coordinates and optional (Irwin, 1979; EPA, 1980) for both rural and Protection Agency, Research Triangle Park, ground elevation for each receptor. urban cases are used. NC. (NTIS No. PB 93–226769) An optional treatment for calm winds is Environmental Protection Agency, 1992. c. Output included for short term modeling. Development and Evaluation of a Revised Printed output options include: Area Source Algorithm for the Industrial • Program control parameters, source data, i. Vertical Wind Speed source complex Long Term Model. EPA and receptor data; Vertical wind speed is assumed equal to Publication No. EPA–454/R–92–016. U.S. • Tables of hourly meteorological data for zero. Environmental Protection Agency, Research each specified day; Triangle Park, NC. (NTIS No. PB 93–226777) • ‘‘N’’-day average concentration or total j. Horizontal Dispersion Environmental Protection Agency, 1994. deposition calculated at each receptor for any Rural dispersion coefficients from Turner Development and Testing of a Dry Deposition desired source combinations; (1969) are used, with no adjustments for Algorithm (Revised). EPA Publication No. • Concentration or deposition values surface roughness or averaging time. EPA–454/R–94–015. U.S. Environmental calculated for any desired source Urban dispersion coefficients from Briggs Protection Agency, Research Triangle Park, combinations at all receptors for any (Gifford, 1976) are used. NC. (NTIS No. PB 94–183100) specified day or time period within the day; Buoyancy induced dispersion (Pasquill, Scire, J.S. and L.L. Schulman, 1981. • Tables of highest and second highest 1976) is included. Evaluation of the BLP and ISC Models with concentration or deposition values calculated Six stability classes are used. SF6 Tracer Data and SO2 Measurements at at each receptor for each specified time Aluminum Reduction Plants. Air Pollution period during a(n) ‘‘N’’-day period for any k. Vertical Dispersion Control Association Specialty Conference on desired source combinations, and tables of Rural dispersion coefficients from Turner Dispersion Modeling for Complex Sources, the maximum 50 concentration or deposition (1969) are used, with no adjustments for St. Louis, MO. values calculated for any desired source surface roughness. Schulman, L.L. and S.R. Hanna, 1986. combinations for each specified time period. Urban dispersion coefficients from Briggs Evaluation of Downwash Modification to the (Gifford, 1976) are used. d. Type of Model Industrial Source Complex Model. Journal of Buoyancy induced dispersion (Pasquill, the Air Pollution Control Association, 36: ISC3 is a Gaussian plume model. It has 1976) is included. 258–264. been revised to perform a double integration Six stability classes are used. A.6 Urban Airshed Model (UAM) of the Gaussian plume kernel for area Mixing height is accounted for with sources. multiple reflections until the vertical plume Reference e. Pollutant Types standard deviation equals 1.6 times the Environmental Protection Agency, 1990. mixing height; uniform vertical mixing is ISC3 may be used to model primary User’s Guide for the Urban Airshed Model, assumed beyond that point. Volume I–VIII. EPA Publication Nos. EPA– pollutants and continuous releases of toxic Perfect reflection is assumed at the ground. and hazardous waste pollutants. Settling and 450/4–90–007a–c, d(R), e-g, and EPA–454/B– deposition are treated. l. Chemical Transformation 93–004, respectively. U.S. Environmental Protection Agency, Research Triangle Park, f. Source-Receptor Relationships Chemical transformations are treated using NC (NTIS Nos. PB 91–131227, PB 91–131235, exponential decay. Time constant is input by PB 91–131243, PB 93–122380, PB 91– ISC3 applies user-specified locations for the user. point, line, area and volume sources, and 131268, PB 92–145382, and PB 92–224849, user-specified receptor locations or receptor m. Physical Removal respectively, for Vols. I–VII). rings. Dry deposition effects for particles are Availability User input topographic evaluation for each treated using a resistance formulation in The model code is available on the Support receptor is used. Elevations above stack top which the deposition velocity is the sum of are reduced to the stack top elevation, i.e., Center for Regulatory Air Models Bulletin the resistances to pollutant transfer within Board System (see Section A.0). ‘‘terrain chopping’’. the surface layer of the atmosphere, plus a User input height above ground level may gravitational settling term (EPA, 1994), based Abstract be used when necessary to simulate impact on the modified surface depletion scheme of UAM is an urban scale, three dimensional, at elevated or ‘‘flag pole’’ receptors, e.g., on Horst (1983). buildings. grid type numerical simulation model. The Actual separation between each source- n. Evaluation Studies model incorporates a condensed receptor pair is used. photochemical kinetics mechanism for urban Bowers, J.F. and A.J. Anderson, 1981. An atmospheres. The UAM is designed for g. Plume Behavior Evaluation Study for the Industrial Source computing ozone (O ) concentrations under Complex (ISC) Dispersion Model, EPA 3 ISC3 uses Briggs (1969, 1971, 1975) plume short-term, episodic conditions lasting one or Publication No. EPA–450/4–81–002. U.S. rise equations for final rise. two days resulting from emissions of oxides Environmental Protection Agency, Research Stack tip downwash equation from Briggs of nitrogen (NOx), volatile organic (1974) is used. Triangle Park, NC. compounds (VOC), and carbon monoxide Revised building wake effects algorithm is Bowers, J.F., A.J. Anderson and W.R. (CO). The model treats urban VOC emissions used. For stacks higher than building height Hargraves, 1982. Tests of the Industrial as their carbon-bond surrogates. plus one-half the lesser of the building height Source Complex (ISC) Dispersion Model at a. Recommendations for Regulatory Use or building width, the building wake the Armco Middletown, Ohio Steel Mill. EPA algorithm of Huber and Snyder (1976) is Publication No. EPA–450/4–82–006. U.S. UAM is appropriate for the following used. For lower stacks, the building wake Environmental Protection Agency, Research applications: urban areas having significant algorithm of Schulman and Scire (Schulman Triangle Park, NC. ozone attainment problems and one hour and Hanna, 1986) is used, but stack tip Environmental Protection Agency, 1992. averaging times. downwash and BID are not used. Comparison of a Revised Area Source UAM has many options but no specific For rolling terrain (terrain not above stack Algorithm for the Industrial Source Complex recommendations can be made at this time height), plume centerline is horizontal at Short Term Model and Wind Tunnel Data. on all options. The reviewing agency should height of final rise above source. EPA Publication No. EPA–454/R–92–014. be consulted on selection of options to be Fumigation is not treated. U.S. Environmental Protection Agency, used in regulatory applications. Research Triangle Park, NC. (NTIS No. PB h. Horizontal Winds 93–226751) b. Input Requirements Constant, uniform (steady-state) wind is Environmental Protection Agency, 1992. Source data: gridded, hourly emissions of assumed for each hour. Sensitivity Analysis of a Revised Area Source PAR, OLE, ETH, XYL, TOL, ALD2, FORM, Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41871

ISOR, ETOTH, MEOH, CO, NO, and NO2 for l. Chemical Transformation The Sensitivity of Complex Photochemical low-level sources. For major elevated point UAM employs a simplified version of the Model Estimates to Detail In Input sources, hourly emissions, stack height, stack Carbon-Bond IV Mechanism (CBM–IV) Information, Appendix A—A Compilation of diameter, exit velocity, and exit temperature. developed by Gery et al. (1988) employing Simulation Results. EPA Publication No. Meteorological data: hourly, gridded, various steady state approximations. The EPA–450/4–81–031b. U.S. Environmental divergence free, u and v wind components CBM–IV mechanism incorporated in UAM Protection Agency, Research Triangle Park, for each vertical level; hourly gridded mixing utilizes an updated simulation of PAN NC. heights and surface temperatures; hourly chemistry that includes a peroxy-peroxy South Coast Air Quality Management exposure class; hourly vertical potential radical termination reaction, significant District, 1989. Air Quality Management temperature gradient above and below the when the atmosphere is NOx-limited (Gery et Plan—Appendix V–R (Urban Airshed Model mixing height; hourly surface atmospheric al., 1989). The current CBM–IV mechanism Performance Evaluation). El Monte, CA. pressure; hourly water mixing ratio; and accommodates 34 species and 82 reactions. Stern, R. and B. Scherer, 1982. Simulation gridded surface roughness lengths. of a Photochemical Smog Episode in the Air quality data: concentration of all m. Physical Removal Rhine-Ruhr Area with a Three Dimensional carbon bond 4 species at the beginning of the Dry deposition of ozone and other simulation for each grid cell; and hourly Grid Model. 13th International Technical pollutant species are calculated. Vegetation Meeting on Air Pollution Modeling and Its concentrations of each pollutant at each level (scaling) factors are applied to the reference along the inflow boundaries and top Application, Ile des Embiez, France. surface uptake resistance of each species Tesche, T.W., C. Seigneur, L.E. Reid, P.M. boundary of the modeling region. depending on land use type. Other data requirements are: hourly mixed Roth, W.R. Oliver and J.C. Cassmassi, 1981. layer average, NO2 photolysis rates; and n. Evaluation Studies The Sensitivity of Complex Photochemical ozone surface uptake resistance along with Builtjes, P.J.H., K.D. van der Hurt and S.D. Model Estimates to Detail in Input associated gridded vegetation (scaling) Reynolds, 1982. Evaluation of the Information. EPA Publication No. EPA–450/ factors. Performance of a Photochemical Dispersion 4–81–031a. U.S. Environmental Protection Agency, Research Triangle Park, NC. c. Output Model in Practical Applications. 13th International Technical Meeting on Air Tesche, T.W., W.R. Oliver, H. Hogo, P. Printed output includes: Pollution Modeling and Its Application, Ile Saxeena and J.L. Haney, 1983. Volume IV— • Gridded instantaneous concentration des Embiez, France. Assessment of NOx Emission Control fields at user-specified time intervals for Cole, H.S., D.E. Layland, G.K. Moss and Requirements in the South Coast Air Basin— user-specified pollutants and grid levels; C.F. Newberry, 1983. The St. Louis Ozone Appendix A. Performance Evaluation of the • Gridded time-average concentration Modeling Project. EPA Publication No. EPA– Systems Applications Airshed Model for the fields for user-specified time intervals, 450/4–83–019. U.S. Environmental 26–27 June 1974 O3 Episode in the South pollutants, and grid levels. Protection Agency, Research Triangle Park, Coast Air Basin, SYSAPP 83/037. Systems d. Type of Model NC. Applications, Inc., San Rafael, CA. UAM is a three dimensional, numerical, Dennis, R.L., M.W. Downton and R.S. Keil, Tesche, T.W., W.R. Oliver, H. Hogo, P. photochemical grid model. 1983. Evaluation of Performance Measures Saxeena and J.L. Haney, 1983. Volume IV— for an Urban Photochemical Model. EPA Assessment of NO Emission Control e. Pollutant Types x Publication No. EPA–450/4–83–021. U.S. Requirements in the South Coast Air Basin— UAM may be used to model ozone (O3) Environmental Protection Agency, Research Appendix B. Performance Evaluation of the formation from oxides of nitrogen (NOx) and Triangle Park, NC. Systems Applications Airshed Model for the volatile organic compound (VOC) emissions. Haney, J.L. and T.N. Braverman, 1985. 7–8 November 1978 NO2 Episode in the f. Source-Receptor Relationship Evaluation and Application of the Urban South Coast Air Basin, SYSAPP 83/038. Airshed Model in the Philadelphia Air Low-level area and point source emissions Systems Applications, Inc., San Rafael, CA. Quality Control Region. EPA Publication No. Tesche, T.W., 1988. Accuracy of Ozone Air are specified within each surface grid cell. EPA–450/4–85–003. U.S. Environmental Emissions from major point sources are Quality Models. Journal of Environmental Protection Agency, Research Triangle Park, Engineering, 114(4): 739–752. placed within cells aloft in accordance with NC. calculated effective plume heights. Layland, D.E. and H.S. Cole, 1983. A A.7 Offshore and Coastal Dispersion Model Hourly average concentrations of each Review of Recent Applications of the SAI (OCD) pollutant are calculated for all grid cells at Urban Airshed Model. EPA Publication No. Reference each vertical level. EPA–450/4–84–004. U.S. Environmental DiCristofaro, D.C. and S.R. Hanna, 1989. Protection Agency, Research Triangle Park, g. Plume Behavior OCD: The Offshore and Coastal Dispersion NC. Plume rise is calculated for major point Model, Version 4. Volume I: User’s Guide, Layland, D.E., S.D. Reynolds, H. Hogo and sources using relationships recommended by and Volume II: Appendices. Sigma Research W.R. Oliver, 1983. Demonstration of Briggs (1971). Corporation, Westford, MA. (NTIS Nos. PB Photochemical Grid Model Usage for Ozone h. Horizontal Winds Control Assessment. 76th Annual Meeting of 93–144384 and PB 93–144392) See Input Requirements. the Air Pollution Control Association, Availability i. Vertical Wind Speed Atlanta, GA. This model code is available on the Morris, R.E. et al., 1990. Urban Airshed Support Center for Regulatory Air Models Calculated at each vertical grid cell Model Study of Five Cities. EPA Publication interface from the mass continuity Bulletin Board System and also on diskette No. EPA–450/4–90–006a-g. U.S. (as PB 91–505230) from the National relationship using the input gridded Environmental Protection Agency, Research horizontal wind field. Technical Information Service (see Section Triangle Park, NC. A.0). j. Horizontal Dispersion Reynolds, S.D., H. Hogo, W.R. Oliver and Horizontal eddy diffusivity is set to a user L.E. Reid, 1982. Application of the SAI Technical Contact specified constant value (nominally 50 m2/s). Airshed Model to the Tulsa Metropolitan Minerals Management Service, Attn: Mr. Area, SAI No. 82004. Systems Applications, Dirk Herkhof, Parkway Atrium Building, 381 k. Vertical Dispersion Inc., San Rafael, CA. Elden Street, Herndon, VA 22070–4817, Vertical eddy diffusivities for unstable and Schere, K.L. and J.H. Shreffler, 1982. Final Phone: (703) 787–1735. neutral conditions calculated using Evaluation of Urban-Scale Photochemical Air relationships of Lamb et al. (1977); for stable Quality Simulation Models. EPA Publication Abstract conditions, the relationship of Businger and No. EPA–600/3–82–094. U.S. Environmental OCD is a straight-line Gaussian model Arya (1974) is employed. Stability class, Protection Agency, Research Triangle Park, developed to determine the impact of friction velocity, and Monin-Obukhov length NC. offshore emissions from point, area or line determined using procedure of Liu et al. Seigneur C., T.W. Tesche, C.E. Reid, P.M. sources on the air quality of coastal regions. (1976). Roth, W.R. Oliver and J.C. Cassmassi, 1981. OCD incorporates overwater plume transport 41872 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations and dispersion as well as changes that occur e. Pollutant Types k. Vertical Dispersion as the plume crosses the shoreline. Hourly OCD may be used to model primary Observed vertical turbulence intensity is meteorological data are needed from both pollutants. Settling and deposition are not not recommended as a direct estimate of offshore and onshore locations. These treated. vertical dispersion. Turbulence intensity include water surface temperature, overwater should be estimated from boundary layer air temperature, mixing height, and relative f. Source-Receptor Relationship theory as default in the model. For very humidity. Up to 250 point sources, 5 area sources, or stable conditions, vertical dispersion is also Some of the key features include platform 1 line source and 180 receptors may be used. a function of lapse rate. building downwash, partial plume Receptors and sources are allowed at any Vertical dispersion may be enhanced penetration into elevated inversions, direct location. because of obstructions near the source. A use of turbulence intensities for plume The coastal configuration is determined by virtual source technique is used to simulate dispersion, interaction with the overland a grid of up to 3600 rectangles. Each element the initial plume dilution due to downwash. internal boundary layer, and continuous Formulas recommended by Pasquill (1976) shoreline fumigation. of the grid is designated as either land or water to identify the coastline. are used to calculate buoyant plume a. Recommendations for Regulatory Use enhancement. g. Plume Behavior At the water/land interface, the change to OCD has been recommended for use by the As in MPTER, the basic plume rise overland dispersion rates is modeled using a Minerals Management Service for emissions virtual source. The overland dispersion rates algorithms are based on Briggs’ located on the Outer Continental Shelf (50 FR can be calculated from either vertical recommendations. 12248; 28 March 1985). OCD is applicable for turbulence intensity or the Pasquill-Gifford overwater sources where onshore receptors Momentum rise includes consideration of coefficients. The change is implemented are below the lowest source height. Where the stack angle from the vertical. where the plume intercepts the rising onshore receptors are above the lowest The effect of drilling platforms, ships, or internal boundary layer. source height, offshore plume transport and any overwater obstructions near the source dispersion may be modeled on a case-by-case are used to decrease plume rise using a l. Chemical Transformation basis in consultation with the EPA Regional revised platform downwash algorithm based Chemical transformations are treated using Office. on laboratory experiments. exponential decay. Different rates can be Partial plume penetration of elevated specified by month and by day or night. b. Input Requirements inversions is included using the suggestions m. Physical Removal Source data: point, area or line source of Briggs (1975) and Weil and Brower (1984). location, pollutant emission rate, building Continuous shoreline fumigation is Physical removal is also treated using height, stack height, stack gas temperature, parametrized using the Turner method where exponential decay. stack inside diameter, stack gas exit velocity, complete vertical mixing through the thermal n. Evaluation Studies stack angle from vertical, elevation of stack internal boundary layer (TIBL) occurs as soon base above water surface and gridded as the plume intercepts the TIBL. DiCristofaro, D.C. and S.R. Hanna, 1989. specification of the land/water surfaces. As OCD: The Offshore and Coastal Dispersion an option, emission rate, stack gas exit h. Horizontal Winds Model. Volume I: User’s Guide. Sigma velocity and temperature can be varied Constant, uniform wind is assumed for Research Corporation, Westford, MA. hourly. each hour. Hanna, S.R., L.L. Schulman, R.J. Paine and Meteorological data (over water): wind Overwater wind speed can be estimated J.E. Pleim, 1984. The Offshore and Coastal Dispersion (OCD) Model User’s Guide, direction, wind speed, mixing height, relative from overland wind speed using relationship Revised. OCS Study, MMS 84–0069. humidity, air temperature, water surface of Hsu (1981). Environmental Research & Technology, Inc., temperature, vertical wind direction shear Wind speed profiles are estimated using Concord, MA. (NTIS No. PB 86–159803) (optional), vertical temperature gradient similarity theory (Businger, 1973). Surface (optional), turbulence intensities (optional). Hanna, S.R., L.L. Schulman, R.J. Paine, J.E. layer fluxes for these formulas are calculated Pleim and M. Baer, 1985. Development and Meteorological data (over land): wind from bulk aerodynamic methods. direction, wind speed, temperature, stability Evaluation of the Offshore and Coastal class, mixing height. i. Vertical Wind Speed Dispersion (OCD) Model. Journal of the Air Receptor data: location, height above local Pollution Control Association, 35: 1039– Vertical wind speed is assumed equal to 1047. ground-level, ground-level elevation above zero. the water surface. Hanna, S.R. and D.C. DiCristofaro, 1988. j. Horizontal Dispersion Development and Evaluation of the OCD/API c. Output Model. Final Report, API Pub. 4461, Lateral turbulence intensity is American Petroleum Institute, Washington, All input options, specification of sources, recommended as a direct estimate of receptors and land/Water map including D.C. horizontal dispersion. If lateral turbulence locations of sources and receptors. intensity is not available, it is estimated from A.8 Emissions and Dispersion Modeling Summary tables of five highest boundary layer theory. For wind speeds less System (EDMS) concentrations at each receptor for each than 8 m/s, lateral turbulence intensity is averaging period, and average concentration Reference assumed inversely proportional to wind for entire run period at each receptor. Segal, H.M., 1991. ‘‘EDMS— Optional case study printout with hourly speed. Microcomputer Pollution Model for Civilian plume and receptor characteristics. Optional Horizontal dispersion may be enhanced Airports and Air Force Bases: User’s Guide.’’ table of annual impact assessment from non- because of obstructions near the source. A FAA Report No. FAA–EE–91–3; USAF permanent activities. virtual source technique is used to simulate Report No. ESL–TR–91–31, Federal Aviation Concentration files written to disk or tape the initial plume dilution due to downwash. Administration, 800 Independence Avenue, can be used by ANALYSIS postprocessor to Formulas recommended by Pasquill (1976) S.W., Washington, D.C. 20591. (NTIS No. produce the highest concentrations for each are used to calculate buoyant plume ADA 240528) receptor, the cumulative frequency enhancement and wind direction shear Segal, H.M. and Hamilton, P.L., 1988. ‘‘A distributions for each receptor, the tabulation enhancement. Microcomputer Pollution Model for Civilian of all concentrations exceeding a given At the water/land interface, the change to Airports and Air Force Bases—Model threshold, and the manipulation of hourly overland dispersion rates is modeled using a Description.’’ FAA Report No. FAA–EE–88– concentration files. virtual source. The overland dispersion rates 4; USAF Report No. ESL–TR–88–53, Federal can be calculated from either lateral Aviation Administration, 800 Independence d. Type of Model turbulence intensity or Pasquill-Gifford Avenue, S.W., Washington, D.C. 20591. OCD is a Gaussian plume model curves. The change is implemented where (NTIS No. ADA 199003) constructed on the framework of the MPTER the plume intercepts the rising internal Segal, H.M., 1988. ‘‘A Microcomputer model. boundary layer. Pollution Model for Civilian Airports and Air Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41873

Force Bases—Model Application and d. Type of Model roadways. Coefficients are based upon data Background.’’ FAA Report No. FAA–EE–88– For its emissions inventory calculations, from Roa and Keenan (1980). 5; USAF Report No. ESL–TR–88–55, Federal EDMS uses algorithms consistent with the l. Chemical Transformation Aviation Administration, 800 Independence EPA Compilation of Air Pollutant Emission Avenue, S.W., Washington, D.C. 20591. Chemical transformations are not Factors, AP–42. For its dispersion accounted for. (NTIS No. ADA 199794) calculations, EDMS uses the GIMM model Availability which is described in reports FAA–EE–88–4 m. Physical Removal and FAA–EE–88–5, referenced above. GIMM EDMS is available for $40 from: Federal Deposition is not treated. uses a Gaussian plume algorithm. Aviation Administration, Attn: Ms. Diana n. Evaluation Studies Liang, AEE–120, 800 Independence Avenue, e. Pollutant Types Segal, H.M. and P.L. Hamilton, 1988. A S.W., Washington, D.C. 20591, Phone: (202) EDMS inventories and calculates the Microcomputer Pollution Model for Civilian 267–3494. dispersion of carbon monoxide, nitrogen Airports and Air Force Bases—Model Abstract oxides, sulphur oxides, hydrocarbons, and Description. FAA Report No. FAA–EE–88–4; suspended particles. USAF Report No. ESL–TR–88–53, Federal EDMS is a combined emissions/dispersion Aviation Administration, 800 Independence model for assessing pollution at civilian f. Source-Receptor Relationship Avenue, S.W., Washington, D.C. 20591. airports and military air bases. This model, Up to 170 sources and 10 receptors can be Segal, H.M., 1988. A Microcomputer which was jointly developed by the Federal treated simultaneously. Area sources are Pollution Model for Civilian Airports and Air Aviation Administration (FAA) and the treated as a series of lines that are positioned Force Bases—Model Application and United States Air Force (USAF), produces an perpendicular to the wind. Background. FAA Report No. FAA–EE–88–5; emission inventory of all airport sources and Line sources (roadways, runways) are USAF Report No. ESL–TR–88–55, Federal calculates concentrations produced by these modeled as a series of points. Terrain Aviation Administration, 800 Independence sources at specified receptors. The system elevation differences between sources and Avenue, S.W., Washington, D.C. 20591. stores emission factors for fixed sources such receptors are neglected. as fuel storage tanks and incinerators and A.9 Complex Terrain Dispersion Model Receptors are assumed to be at ground Plus Algorithms for Unstable Situations also for mobile sources such as automobiles level. or aircraft. EDMS incorporates an emissions (CTDMPLUS) model to calculate an emission inventory for g. Plume Behavior Reference each airport source and a dispersion model, Plume rise is calculated for all point Perry, S.G., D.J. Burns, L.H. Adams, R.J. the Graphical Input Microcomputer Model sources (heating plants, incinerators, etc.) Paine, M.G. Dennis, M.T. Mills, D.G. (GIMM) (Segal, 1983) to calculate pollutant using Briggs plume rise equations (Catalano, Strimaitis, R.J. Yamartino and E.M. Insley, concentrations produced by these sources at 1986; Briggs, 1969; Briggs, 1971; Briggs, 1989. User’s Guide to the Complex Terrain specified receptors. The GIMM, which 1972). Dispersion Model Plus Algorithms for processes point, area, and line sources, also Building and stack tip downwash effects Unstable Situations (CTDMPLUS). Volume 1: incorporates a special meteorological are not treated. Model Descriptions and User Instructions. preprocessor for processing up to one year of Roadway dispersion employs a EPA Publication No. EPA–600/8–89–041. National Climatic Data Center (NCDC) hourly modification to the Gaussian plume Environmental Protection Agency, Research data. The model operates in both a screening algorithms as suggested by Rao and Keenan Triangle Park, NC. (NTIS No. PB 89–181– and refined mode, accepting up to 170 (1980) to account for close-in vehicle- 424) sources and 10 receptors. induced turbulence. Paine, R.J., D.G. Strimaitis, M.G. Dennis, a. Recommendations for Regulatory Use h. Horizontal Winds R.J. Yamartino, M.T. Mills and E.M. Insley, 1987. User’s Guide to the Complex Terrain EDMS is appropriate for the following Steady state winds are assumed for each Dispersion Model, Volume 1. EPA applications: hour. Winds are assumed to be constant with Publication No. EPA–600/8–87–058a. U.S. • Cumulative effect of changes in aircraft altitude. Environmental Protection Agency, Research operations, point source and mobile source Winds are entered manually by the user or Triangle Park, NC. (NTIS No. PB 88–162169) emissions at airports or air bases; automatically by reading previously loaded • Simple terrain; NCC annual data files. Availability • Transport distances less than 50 This model code is available on the i. Vertical Wind Speed kilometers; and Support Center for Regulatory Air Models • 1-hour to annual averaging times. Vertical wind speed is assumed to be zero. Bulletin Board System and also on diskette b. Input Requirements j. Horizontal Dispersion (as PB 90–504119) from the National Technical Information Service (see Section All data are entered through a ‘‘runtime’’ Four stability classes are used (P–G classes A.0). version of the Condor data base which is an B through E). integral part of EDMS. Typical entry items Horizontal dispersion coefficients are Abstract are source and receptor coordinates, percent computed using a table look-up and linear CTDMPLUS is a refined point source cold starts, vehicles per hour, etc. Some point interpolation scheme. Coefficients are based Gaussian air quality model for use in all sources, such as heating plants, require stack on Pasquill (1976) as adapted by Petersen stability conditions for complex terrain height, stack diameter, and effluent (1980). applications. The model contains, in its temperature inputs. A modified coefficient table is used to entirety, the technology of CTDM for stable Wind speed, wind direction, hourly account for traffic-enhanced turbulence near and neutral conditions. However, temperature, and Pasquill-Gifford stability roadways. Coefficients are based upon data CTDMPLUS can also simulate daytime, category (P–G) are the meteorological inputs. included in Rao and Keenan (1980). unstable conditions, and has a number of They can be entered manually through the additional capabilities for improved user EDMS data entry screens or automatically k. Vertical Dispersion friendliness. Its use of meteorological data through the processing of previously loaded Four stability classes are used (P–G classes and terrain information is different from NCDC hourly data. B through E). other EPA models; considerable detail for Vertical dispersion coefficients are both types of input data is required and is c. Output computed using a table look-up and linear supplied by preprocessors specifically Printed outputs consist of: interpolation scheme. Coefficients are based designed for CTDMPLUS. CTDMPLUS • A monthly and yearly emission on Pasquill (1976) as adapted by Petersen requires the parameterization of individual inventory report for each source entered; and (1980). hill shapes using the terrain preprocessor and • A concentration summing report for up A modified coefficient table is used to the association of each model receptor with to 8760 hours (one year) of data. account for traffic-enhanced turbulence near a particular hill. 41874 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations a. Recommendation for Regulatory Use (1) A binary file of concentrations, one • Extrapolating (within the surface layer) CTDMPLUS is appropriate for the value for each receptor in the hourly from the nearest measurement height to the following applications: sequence as run; plume height. (2) A text file of concentrations, one value • Elevated point sources; i. Vertical Wind Speed • Terrain elevations above stack top; for each receptor in the hourly sequence as • Rural or urban areas; run; or Vertical flow is treated for the plume • Transport distances less than 50 (3) A text file as described above, but with component above the critical dividing kilometers; and a listing of receptor information (names, streamline height (Hc); see ‘‘Plume • One hour to annual averaging times positions, hill number) at the beginning of Behavior’’. when used with a post-processor program the file. j. Horizontal Dispersion such as CHAVG. Hourly information provided to these files besides the concentrations themselves Horizontal dispersion for stable/neutral b. Input Requirements includes the year, month, day, and hour conditions is related to the turbulence σ Source data: For each source, user supplies information as well as the receptor number velocity scale for lateral fluctuations, v, for source location, height, stack diameter, stack with the highest concentration. which a minimum value of 0.2 m/s is used. exit velocity, stack exit temperature, and Convective scaling formulations are used to d. Type of Model emission rate; if variable emissions are estimate horizontal dispersion for unstable appropriate, the user supplies hourly values CTDMPLUS is a refined steady-state, point conditions. for emission rate, stack exit velocity, and source plume model for use in all stability k. Vertical Dispersion stack exit temperature. conditions for complex terrain applications. Direct estimates of vertical dispersion for Meteorological data: the user must supply e. Pollutant Types stable/neutral conditions are based on hourly averaged values of wind, temperature observed vertical turbulence intensity, e.g., and turbulence data for creation of the basic CTDMPLUS may be used to model non- σ (standard deviation of the vertical velocity meteorological data file (‘‘PROFILE’’). reactive, primary pollutants. w fluctuation). In simulating unstable Meteorological preprocessors then create a f. Source-Receptor Relationship (convective) conditions, CTDMPLUS relies SURFACE data file (hourly values of mixed on a skewed, bi-Gaussian probability density layer heights, surface friction velocity, Up to 40 point sources, 400 receptors and function (PDF) description of the vertical Monin-Obukhov length and surface 25 hills may be used. Receptors and sources velocities to estimate the vertical distribution roughness length) and a RAWINsonde data are allowed at any location. Hill slopes are of pollutant concentration. file (upper air measurements of pressure, assumed not to exceed 15°, so that the temperature, wind direction, and wind linearized equation of motion for Boussinesq l. Chemical Transformation speed). flow are applicable. Receptors upwind of the impingement point, or those associated with Chemical transformation is not treated by Receptor data: receptor names (up to 400) CTDMPLUS. and coordinates, and hill number (each any of the hills in the modeling domain, receptor must have a hill number assigned). require separate treatment. m. Physical Removal Terrain data: user inputs digitized contour g. Plume Behavior Physical removal is not treated by information to the terrain preprocessor which CTDMPLUS (complete reflection at the As in CTDM, the basic plume rise creates the TERRAIN data file (for up to 25 ground/hill surface is assumed). hills). algorithms are based on Briggs’ (1975) recommendations. n. Evaluation Studies c. Output A central feature of CTDMPLUS for Burns, D.J., L.H. Adams and S.G. Perry, When CTDMPLUS is run, it produces a neutral/stable conditions is its use of a 1990. Testing and Evaluation of the concentration file, in either binary or text critical dividing-streamline height (Hc) to CTDMPLUS Dispersion Model: Daytime format (user’s choice), and a list file separate the flow in the vicinity of a hill into Convective Conditions. Environmental containing a verification of model inputs, i.e., two separate layers. The plume component in Protection Agency, Research Triangle Park, • Input meteorological data from the upper layer has sufficient kinetic energy NC. ‘‘SURFACE’’ and ‘‘PROFILE’’ to pass over the top of the hill while Paumier, J.O., S.G. Perry and D.J. Burns, • Stack data for each source streamlines in the lower portion are 1990. An Analysis of CTDMPLUS Model • Terrain information constrained to flow in a horizontal plane Predictions with the Lovett Power Plant Data • Receptor information around the hill. Two separate components of Base. Environmental Protection Agency, • Source-receptor location (line printer CTDMPLUS compute ground-level Research Triangle Park, NC. map). concentrations resulting from plume material Paumier, J.O., S.G. Perry and D.J. Burns, In addition, if the case-study option is in each of these flows. 1992. CTDMPLUS: A Dispersion Model for selected, the listing includes: The model calculates on an hourly (or Sources near Complex Topography. Part II: • Meteorological variables at plume height appropriate steady averaging period) basis Performance Characteristics. Journal of • Geometrical relationships between the how the plume trajectory (and, in stable/ Applied Meteorology, 31(7): 646–660. source and the hill neutral conditions, the shape) is deformed by • Plume characteristics at each receptor, each hill. Hourly profiles of wind and A. REF References i.e., temperature measurements are used by Benson, P.E., 1979. CALINE3—A Versatile ¥> distance in along-flow and cross flow CTDMPLUS to compute plume rise, plume Dispersion Model for Predicting Air direction penetration (a formulation is included to Pollution Levels Near Highways and Arterial ¥> effective plume-receptor height handle penetration into elevated stable Streets. Interim Report, Report Number difference layers, based on Briggs (1984)), convective FHWA/CA/TL–79/23. Federal Highway ¥> effective σy & σz values, both flat scaling parameters, the value of Hc, and the Administration, Washington, D.C. terrain and hill induced (the difference Froude number above Hc. Briggs, G.A., 1969. Plume Rise. U.S. shows the effect of the hill) Atomic Energy Commission Critical Review h. Horizontal Winds ¥> concentration components due to Series, Oak Ridge National Laboratory, Oak WRAP, LIFT and FLAT. CTDMPLUS does not simulate calm Ridge, TN. (NTIS No. TID–25075) If the user selects the TOPN option, a meteorological conditions. Both scalar and Briggs, G.A., 1971. Some Recent Analyses summary table of the top 4 concentrations at vector wind speed observations can be read of Plume Rise Observations. Proceedings of each receptor is given. If the ISOR option is by the model. If vector wind speed is the Second International Clean Air Congress, selected, a source contribution table for every unavailable, it is calculated from the scalar edited by H.M. Englund and W.T. Berry. hour will be printed. wind speed. The assignment of wind speed Academic Press, New York, NY. A separate disk file of predicted (1-hour (either vector or scalar) at plume height is Briggs, G.A., 1974. Diffusion Estimation for only) concentrations (‘‘CONC’’) is written if done by either: Small Emissions. USAEC Report ATDL–106. the user chooses this option. Three forms of • Interpolating between observations U.S. Atomic Energy Commission, Oak Ridge, output are possible: above and below the plume height, or TN. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41875

Briggs, G.A., 1975. Plume Rise Predictions. Emitted from Fossil Fuel Power Plants in considered on a case-by-case basis for Lectures on Air Pollution and Environmental California: Data Analysis and Emission individual regulatory applications. For each Impact Analyses. American Meteorological Impact Model. Systems Applications, Inc., model, information is provided on Society, Boston, MA, pp. 59–111. San Rafael, CA. availability, approximate cost, regulatory use, Bjorklund, J.R. and J.F. Bowers, 1982. Moore, G.E., T.E. Stoeckenius and D.A. data input, output format and options, User’s Instructions for the SHORTZ and Stewart, 1982. A Survey of Statistical simulation of atmospheric physics and LONGZ Computer Programs. EPA Measures of Model Performance and accuracy. The models are listed by name in Publication No. EPA–903/9–82–004a and b. Accuracy for Several Air Quality Model. EPA alphabetical order. U.S. Environmental Protection Agency, Publication No. EPA–450/4–83–001. U.S. There are three separate conditions under Region III, Philadelphia, PA. Environmental Protection Agency, Research which these models will normally be Businger, J.A., 1973. Turbulence Transfer Triangle Park, NC. approved for use: in the Atmospheric Surface Layer. Workshop Pasquill, F., 1976. Atmospheric Dispersion 1. A demonstration can be made that the in Micrometeorology. American Parameters in Gaussian Plume Modeling Part model produces concentration estimates Meteorological Society, Boston, MA, pp. 67– II. Possible Requirements for Change in the equivalent to the estimates obtained using a Turner Workbook Values. EPA Publication 100. preferred model (e.g., the maximum or high, No. EPA–600/4–76–030b. U.S. Businger, J.A. and S.P. Arya, 1974. Height second-high concentration is within 2% of of the Mixed Layer in the Stably Stratified Environmental Protection Agency, Research Triangle Park, NC. the estimate using the comparable preferred Planetary Boundary Layer. Advances in model); Geophysics, Vol. 18A, F.N. Frankiel and R.E. Petersen, W.B., 1980. User’s Guide for HIWAY–2 A Highway Air Pollution Model. 2. A statistical performance evaluation has Munn (Eds.), Academic Press, New York, NY. been conducted using measured air quality Catalano, J.A., 1986. Addendum to the EPA Publication No. EPA–600/8–80–018. data and the results of that evaluation User’s Manual for the Single Source U.S. Environmental Protection Agency, indicate the model in Appendix B performs (CRSTER) Model. EPA Publication No. EPA– Research Triangle Park, NC. (NTIS PB 80– better for the application than a comparable 600/8–86–041. U.S. Environmental 227556) model in Appendix A; and Protection Agency, Research Triangle Park, Rao, T.R. and M.T. Keenan, 1980. 3. There is no preferred model for the NC. (NTIS No. PB 87–145843) Suggestions for Improvement of the EPA– specific application but a refined model is Environmental Protection Agency, 1980. HIWAY Model. Journal of the Air Pollution needed to satisfy regulatory requirements. Recommendations on Modeling (October Control Association, 30: 247–256 (and Any one of these three separate conditions 1980 Meetings). Appendix G to: Summary of reprinted as Appendix C in Petersen, 1980). may warrant use of these models. See Section Comments and Responses on the October Segal, H.M., 1983. Microcomputer 3.2, Use of Alternative Models, for additional 1980 Proposed Revisions to the Guideline on Graphics in Atmospheric Dispersion Modeling. Journal of the Air Pollution Air Quality Models. Meteorology and details. Control Association, 23: 598–600. Assessment Division, Office of Research and Many of these models have been subject to Turner, D.B., 1969. Workbook of Development, Research Triangle Park, NC. a performance evaluation by comparison Atmospheric Dispersion Estimates. PHS Gery, M.W., G.Z. Whitten and J.P. Killus, with observed air quality data. A summary of Publication No. 999–26. U.S. Environmental 1988. Development and Testing of CBM–IV such comparisons for models contained in Protection Agency, Research Triangle, Park, this appendix is included in Moore et al. for Urban and Regional Modeling. EPA NC. Publication No. EPA–600/3–88–012. U.S. (1982). Where possible, several of the models Weil, J.C. and R.P. Brower, 1984. An contained herein have been subjected to Environmental Protection Agency, Research Updated Gaussian Plume Model for Tall Triangle Park, NC. (NTIS No. PB 88–180039) rigorous evaluation exercises, including (1) Stacks. Journal of the Air Pollution Control statistical performance measures Gery, M.W., G.Z. Whitten, J.P. Killus and Association, 34: 818–827. M.C. Dodge, 1989. A Photochemical Kinetics recommended by the American Mechanism for Urban and Regional Scale Appendix B to Appendix W of Part 61Ð Meteorological Society and (2) peer scientific Computer Modeling. Journal of Geophysical Summaries of Alternative Air Quality reviews. Research, 94: 12,925–12,956. Models A source for some of these models and user’s documentation is: Computer Products, Gifford, F.A., Jr. 1976. Turbulent Diffusion Table of Contents Typing Schemes—A Review. Nuclear Safety, National Technical Information Service 17: 68–86. B.0 Introduction and Availability (NTIS), U.S. Department of Commerce, Horst, T.W., 1983. A Correction to the B.1 AVACTA II Model Springfield, VA 22161, Phone: (703) 487– Gaussian Source-depletion Model. In B.2 Dense Gas Dispersion Model 4650. A number of the model codes and Precipitation Scavenging, Dry Deposition and (DEGADIS) selected, abridged user’s guides are also Resuspension. H. R. Pruppacher, R.G. B.3 ERT Visibility Model available from the Support Center for Semonin and W.G.N. Slinn, eds., Elsevier, B.4 HGSYSTEM Regulatory Air Models Bulletin Board NY. B.5 HOTMAC/RAPTAD System19 (SCRAM BBS), Telephone (919) Hsu, S.A., 1981. Models for Estimating B.6 LONGZ 541–5742. The SCRAM BBS is an electronic B.7 Maryland Power Plant Siting Program Offshore Winds from Onshore Meteorological bulletin board system designed to be user (PPSP) Model Measurements. Boundary Layer Meteorology, friendly and accessible from anywhere in the B.8 Mesoscale Puff Model (MESOPUFF II) 20: 341–352. country. Model users with personal B.9 Mesoscale Transport Diffusion and Huber, A.H. and W.H. Snyder, 1976. computers are encouraged to use the SCRAM Deposition Model For Industrial Sources Building Wake Effects on Short Stack BBS to download current model codes and (MTDDIS) Effluents. Third Symposium on Atmospheric text files. B.10 Multi-Source (SCSTER) Model Turbulence, Diffusion and Air Quality, B.11 PANACHE B.1 AVACTA II Model American Meteorological Society, Boston, B.12 PLUME Visibility Model (PLUVUE II) MA. Reference B.13 Point, Area, Line Source Algorithm Irwin, J.S., 1979. A Theoretical Variation of (PAL–DS) Zannetti, P., G. Carboni and R. Lewis, the Wind Profile Power-Law Exponent as a B.14 Reactive Plume Model (RPM–IV) 1985. AVACTA II User’s Guide (Release 3). Function of Surface Roughness and Stability. B.15 Shoreline Dispersion Model (SDM) AeroVironment, Inc., Technical Report AV– Atmospheric Environment, 13: 191–194. B.16 SHORTZ OM–85/520. Lamb, R.G. et al., 1977. Continued B.17 Simple Line-Source Model Availability Research in Mesoscale Air Pollution B.18 SLAB 1 Simulation Modeling—Vol. VI: Further B.19 WYNDvalley Model A 3 ⁄2’’ diskette of the FORTRAN coding Studies in the Modeling of Microscale B.REF References and the user’s guide are available at a cost Phenomena, Report Number EF77–143. of $3,500 (non-profit organization) or $5,000 Systems Applications, Inc., San Rafael, CA. B.0 Introduction and Availability (other organizations) from: AeroVironment, Liu, M.K. et al., 1976. The Chemistry, This appendix summarizes key features of Inc., 222 Huntington Drive, Monrovia, CA Dispersion, and Transport of Air Pollutants refined air quality models that may be 91016, Phone: (818) 357–9983. 41876 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

Abstract f. Source Receptor Relationship The virtual distance/age concept is used The AVACTA II model is a Gaussian model The AVACTA II approach maintains the for incrementing the sigmas at each time in which atmospheric dispersion phenomena basic Gaussian formulation, but allows a step. are described by the evolution of plume numerical simulation of both nonstationary l. Chemical Transformation and nonhomogeneous meteorological elements, either segments or puffs. The First order chemical reactions (primary-to- conditions. The emitted pollutant material is model can be applied for short time (e.g., one secondary pollutant) day) simulations in both transport and calm divided into a sequence of ‘‘elements,’’ either conditions. segments or puffs, which are connected m. Physical Removal The user is given flexibility in defining the together but whose dynamics are a function First order dry and wet deposition schemes computational domain, the three- of the local meteorological conditions. Since dimensional meteorological and emission the meteorological parameters vary with time n. Evaluation Studies input, the receptor locations, the plume rise and space, each element evolves according to Zannetti P., G. Carboni and A. Ceriani, formulas, the sigma formulas, etc. Without the different meteorological conditions 1985. AVACTA II Model Simulations of explicit user’s specifications, standard encountered along its trajectory. Worst-Case Air Pollution Scenarios in default values are assumed. AVACTA II calculates the partial Northern Italy. 15th International Technical AVACTA II provides both concentration contribution of each source in each receptor Meeting on Air Pollution Modeling and Its fields on the user specified receptor points, during each interval. The partial Application, St. Louis, Missouri, April 15– and dry/wet deposition patterns throughout concentration is the sum of the contribution 19. of all existing puffs, plus that of the closest the domain. The model is particularly B.2 Dense Gas Dispersion Model segment. oriented to the simulation of the dynamics (DEGADIS) and transformation of sulfur species (SO2 and g. Plume Behavior = Reference SO4 ), but can handle virtually any pair of The user can select the following plume Environmental Protection Agency, 1989. primary-secondary pollutants. rise formulas: User’s Guide for the DEGADIS 2.1—Dense a. Recommendations for Regulatory Use Briggs (1969, 1971, 1972) Gas Dispersion Model. EPA Publication No. CONCAWE (Briggs, 1975) AVACTA II can be used if it can be EPA–450/4–89–019. U.S. Environmental Lucas-Moore (Briggs, 1975) demonstrated to estimate concentrations Protection Agency, Research Triangle Park, User’s function, i.e., a subroutine supplied equivalent to those provided by the preferred NC 27711. (NTIS No. PB 90–213893) by the user model for a given application. AVACTA II With cold plumes, the program uses a Availability must be executed in the equivalent mode. special routine for the computation of the jet AVACTA II can be used on a case-by-case The model code is only available on the plume rise. The user can also select several basis in lieu of a preferred model if it can be Support Center for Regulatory Air Models computational options that control plume Bulletin Board System (see Section B.0). demonstrated, using the criteria in Section behavior in complex terrain and its total/ 3.2, that AVACTA II is more appropriate for partial reflections. Abstract the specific application. In this case the DEGADIS 2.1 is a mathematical dispersion model options/modes which are most h. Horizontal Winds model that can be used to model the appropriate for the application should be A 3D mass-consistent wind field is transport of toxic chemical releases into the used. optionally generated. atmosphere. Its range of applicability b. Input Requirements i. Vertical Wind Speed includes continuous, instantaneous, finite duration, and time-variant releases; A time-varying input is required at each A 3D mass-consistent wind field is negatively-buoyant and neutrally-buoyant computational step. Only those data which optionally generated. releases; ground-level, low-momentum area have changed need to be input by the user. releases; ground-level or elevated upwardly- Source data requirements are: Coordinates, j. Horizontal Dispersion directed stack releases of gases or aerosols. emission rates of primary and secondary During each step, the sigmas of each The model simulates only one set of pollutants, initial plume sigmas (for non- element are increased. The user can select meteorological conditions, and therefore point sources), exit temperature, exit the following sigma functions: should not be considered applicable over velocity, stack inside diameter. Pasquill-Gifford-Turner (in the functional time periods much longer than 1 or 2 hours. Meteorological data requirements are: form specified by Green et al., 1980) The simulations are carried out over flat, surface wind measurements, wind profiles (if Brookhaven (Gifford, 1975) level, unobstructed terrain for which the available), atmospheric stability profiles, Briggs, open country (Gifford, 1975) characteristic surface roughness is not a mixing heights. Briggs, urban, i.e., McElroy-Pooler (Gifford, significant fraction of the depth of the Receptor data requirements are: receptor 1975) dispersion layer. The model does not coordinates. Irwin (1979a) characterize the density of aerosol-type Other data requirements: coordinates of the LO–LOCAT (MacCready et al., 1974) releases; rather, the user must assess that computational domain, grid cell User-specified function, by points independently prior to the simulation. specification, terrain elevations, user’s User-specified function, with a user’s computational and printing options. subroutine a. Recommendations for Regulatory Use The virtual distance/age concept is used DEGADIS can be used as a refined c. Output for incrementing the sigmas at each time modeling approach to estimate short-term The model’s output is provided according step. ambient concentrations (1-hour or less to user’s printing flags. Hourly, 3-hour and averaging times) and the expected area of k. Vertical Dispersion 24-hour concentration averages are exposure to concentrations above specified computed, together with highest and highest- During each step, the sigmas of each threshold values for toxic chemical releases. second-highest concentration values. Both element are increased. The user can select The model is especially useful in situations partial and total concentrations are provided. the following sigma functions: where density effects are suspected to be Pasquill-Gifford-Turner (in the functional important and where screening estimates of d. Type of Model form specified by Green et al., 1980) ambient concentrations are above levels of AVACTA II is Gaussian segment/puff Brookhaven (Gifford, 1975) concern. model. Briggs, open country (Gifford, 1975) Briggs, urban, i.e., McElroy-Pooler (Gifford, b. Input Requirements e. Pollutant Types 1975) Data may be input directly from an AVACTA II can handle any couple of LO–LOCAT (MacCready et al., 1974) external input file or via keyboard using an primary-secondary pollutants (e.g., SO2 and User-specified function, with a user’s interactive program module. The model is = SO4 ). subroutine not set up to accept real-time meteorological Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41877 data or convert units of input values. There is no limitation to the number of The model currently does not require Chemical property data must be input by the receptors; the downwind receptor distances supporting software. A FORTRAN compiler user. Such data for a few selected species are are internally-calculated by the model. The is required to generate program executables available within the model. Additional data DEGADIS calculation is carried out until the in the VAX computing environment. PC may be added to this data base by the user. plume centerline concentration is 50% below executables are provided within the source Source data requirements are: emission the lowest concentration level specified by code; however, a PC FORTRAN compiler rate and release duration; emission chemical the user. may be used to tailor a PC executable to the and physical properties (molecular weight, The model contains no modules for source user’s PC environment. density vs. concentration profile in the case calculations or release characterization. B.3 ERT Visibility Model of aerosol releases, and contaminant heat g. Plume Behavior capacity in the case of a nonisothermal gas Reference release; stack parameters (i.e., diameter, Jet/plume trajectory is estimated from mass ENSR Consulting and Engineering, 1990. elevation above ground level, temperature at and momentum balance equations. ERT Visibility Model: Version 4; Technical release point). Surrounding terrain is assumed to be flat, Description and User’s Guide. Document Meteorological data requirements are: wind and stack tip downwash, building wake M2020–003. ENSR Consulting and speed at designated height above ground, effects, and fumigation are not treated. Engineering, 35 Nagog Park, Acton, MA ambient temperature and pressure, surface h. Horizontal Winds 01720. roughness, relative humidity, and ground surface temperature (which in most cases can Constant logarithmic velocity profile Availability be adequately approximated by the ambient which accounts for stability and surface The user’s guide and model code on temperature). roughness is used. diskette are available as a package (as PB 96– Receptor data requirements are: averaging The wind speed profile exponent is 501978) from the National Technical time of interest, above-ground height of determined from a least squares fit of the Information Service (see Section B.0). receptors, and maximum distance between logarithmic profile from ground level to the receptors (since the model computes wind speed reference height. Calm winds can Abstract be simulated for ground-level low- downwind receptor distances to optimize The ERT Visibility Model is a Gaussian momentum releases. model performance, this parameter is used dispersion model designed to estimate Along-wind dispersion of transient releases only for nominal control of the output listing, visibility impairment for arbitrary lines of is treated using the methods of Colenbrander and is of secondary importance). No indoor sight due to isolated point source emissions (1980) and Beals (1971). concentrations are calculated by the model. by simulating gas-to-particle conversion, dry i. Vertical Wind Speed deposition, NO to NO2 conversion and linear c. Output radiative transfer. Not treated. Printed output includes in tabular form: • Listing of model input data; j. Horizontal Dispersion a. Recommendations for Regulatory Use • Plume centerline elevation, mole When the plume centerline is above There is no specific recommendation at the fraction, concentration, density, and ground level, horizontal dispersion present time. The ERT Visibility Model may temperature at each downwind distance; coefficients are based upon Turner (1969) be used on a case-by-case basis. • σ and σ values at each downwind y z and Slade (1968) with adjustments made for b. Input Requirements distance; averaging time and plume density. • Source data requirements are: stack height, Off-centerline distances to 2 specified When the plume centerline is at ground stack temperature, emissions of SO , NO , concentration values at a specified receptor level, horizontal dispersion also accounts for 2 x TSP, fraction of NO as NO , fraction of TSP height at each downwind distance (these entrainment due to gravity currents as x 2 values can be used to draw concentration parameterized from laboratory experiments. which is carbonaceous, exit velocity, and exit isopleths after model execution); radius. • Concentration vs. time histories for k. Vertical Dispersion Meteorological data requirements are: finite-duration releases (if specified by user). When the plume centerline is above hourly ambient temperature, mixing depth, The output print file is automatically saved ground level, vertical dispersion coefficients wind speed at stack height, stability class, and must be sent to the appropriate printer are based upon Turner (1969) and Slade potential temperature gradient, and wind by the user after program execution. (1968). Perfect ground reflection is applied. direction. No graphical output is generated by the In the ground-level dense-gas regime, Receptor data requirements are: observer current version of this program. vertical dispersion is also based upon results coordinates with respect to source, latitude, longitude, time zone, date, time of day, d. Type of Model from laboratory experiments in density- stratified fluids. elevation, relative humidity, background DEGADIS estimates plume rise and visual range, line-of-sight azimuth and dispersion for vertically-upward jet releases l. Chemical Transformation elevation angle, inclination angle of the using mass and momentum balances with air Not specifically treated. observed object, distance from observer to entrainment based on laboratory and field- object, object and surface reflectivity, number scale data. These balances assume Gaussian m. Physical Removal and spacing of integral receptor points along similarity profiles for velocity, density, and Not treated. line of sight. concentration within the jet. Ground-level Other data requirements are: ambient n. Evaluation Studies denser-than-air phenomena is treated using a concentrations of O3 and NOx, deposition power law concentration distribution profile Spicer, T.O. and J.A. Havens, 1986. velocity of TSP, sulfate, nitrate, SO2 and NOx, in the vertical and a hybrid top hat-Gaussian Development of Vapor Dispersion Models for first-order transformation rate for sulfate and concentration distribution profile in the Nonneutrally Buoyant Gas Mixtures— nitrate. horizontal. A power law specification is used Analysis of USAF/N2O4 Test Data. USAF c. Output for the vertical wind profile. Ground-level Engineering and Services Laboratory, Final cloud slumping phenomena and air Report ESL–TR–86–24. Printed output includes both summary and entrainment are based on laboratory Spicer, T.O. and J.A. Havens, 1988. detailed results as follows: Summary output: measurements and field-scale observations. Development of Vapor Dispersion Models for Page 1—site, observer and object parameters; Nonneutrally Buoyant Gas Mixtures— Page 2—optical pollutants and associated e. Pollutant Types Analysis of TFI/NH3 Test Data. USAF extinction coefficients; Page 3—plume model Neutrally- or negatively-buoyant gases and Engineering and Services Laboratory, Final input parameters; Page 4—total calculated aerosols. Pollutants are assumed to be non- Report. visual range reduction, and each pollutant’s reactive and non-depositing. contribution; Page 5—calculated plume o. Operating Information contrast, object contrast and object contrast f. Source-Receptor Relationships The model requires either a VAX computer degradation at the 550nm wavelength; Page Only one source can be modeled at a time. or an IBM—compatible PC for its execution. 6—calculated blue/red ratio and ΛE 41878 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

(U*V*W*) values for both sky and object Reference batch mode or using an iterative utility discoloration. Post, L. (ed.), 1994. HGSYSTEM 3.0 program. Detailed output: phase functions for each Technical Reference Manual. Shell Research a. Recommendations for Regulatory Use pollutant in four wavelengths (400, 450, 550, Limited, Thornton Research Centre, Chester, 650nm), concentrations for each pollutant United Kingdom. (TNER 94.059) HGSYSTEM can be used as a refined along sight path, solar geometry contrast Post, L., 1994. HGSYSTEM 3.0 User’s model to estimate short-term ambient parameters at all wavelengths, intensities, Manual. Shell Research Limited, Thornton concentrations. For toxic chemical releases tristimulus values and chromaticity Research Centre, Chester, United Kingdom. (non-reactive chemicals or hydrogen fluoride; coordinates for views of the object, sun, (TNER 94.059) 1-hour or less averaging times) the expected background sky and plume. area of exposure to concentrations above Availability specified threshold values can be d. Type of Model The PC–DOS version of the HGSYSTEM determined. For flammable non-reactive ERT Visibility model is a Gaussian plume software (HGSYSTEM: Version 3.0, Programs gases it can be used to determine the area in model for estimating visibility impairment. for modeling the dispersion of ideal gas and which the cloud may ignite. hydrogen fluoride releases, executable e. Pollutant Types b. Input Requirements programs and source code can be installed Optical activity of sulfate, nitrate (derived from diskettes. These diskettes and all HFSPILL input data: reservoir data (temperature, pressure, volume, HF mass, from SO2 and NOx emissions), primary TSP documentation are available as a package mass-fraction water), pipe-exit diameter and and NO2 is simulated. from API [(202) 682–8340] or from NTIS as PB 96–501960 (see Section B.0). ambient pressure. f. Source Receptor Relationship EVAP input data: spill rate, liquid Single source and hour is simulated. Technical Contacts properties, and evaporation rate (boiling Unlimited number of lines-of-sight Doug N. Blewitt, AMOCO Corporation, pool) or ambient data (non-boiling pool). (receptors) is permitted per model run. 1670 Broadway/MC 2018, Denver, CO, HFPLUME and PLUME input data: 80201, (303) 830–5312. reservoir characteristics, pollutant g. Plume Behavior Howard J. Feldman, American Petroleum parameters, pipe/release data, ambient Briggs (1971) plume rise equations for final Institute, 1220 L Street Northwest, conditions, surface roughness and stability rise are used. Washington, DC 20005, (202) 682–8340. class. HEGADAS input data: ambient conditions, h. Horizontal Wind Field Abstract pollutant parameters, pool data or data at A single wind speed and direction is HGSYSTEM is a PC-based software transition point, surface roughness, stability specified for each case study. The wind is package consisting of mathematical models class and averaging time. assumed to be spatially uniform. for estimating of one or more consecutive PGPLUME input data: link data provided phases between spillage and near-field and by HFPLUME and the averaging time. i. Vertical Wind Speed far-field dispersion of a pollutant. The c. Output Vertical wind speed is assumed equal to pollutant can be either a two-phase, multi- The HGSYSTEM models contain three zero. compound mixture of non-reactive post-processor programs which can be used compounds or hydrogen fluoride (HF) with j. Horizontal Dispersion to extract modeling results for graphical chemical reactions. The individual models display by external software packages. Rural dispersion coefficients from Turner are: GET2COL can be used to extract data from (1969) are used. Database program: the model output files. HSPOST can be used DATAPROP Generates physical properties k. Vertical Dispersion to develop isopleths, extract any 2 used in other HGSYSTEM models Rural dispersion coefficients from Turner parameters for plotting and correct for finite Source term models: release duration. HTPOST can be used to (1969) are used. Mixing height is accounted SPILL Transient liquid release from a for with multiple reflection handled by produce time history plots. pressurized vessel HFSPILL output data: reservoir mass, spill summation of series near the source, and HFSPILL SPILL version specifically for HF Fourier representation farther downwind. rate, and other reservoir variables as a LPOOL Evaporating multi-compound function of time. For HF liquid, HFSPILL l. Chemical Transformation liquid pool model generates link data to HFPLUME for the Near-field dispersion models: initial phase of choked liquid flow (flashing First order transformations of sulfates and AEROPLUME High-momentum jet nitrates are used. jet), and link data to EVAP for the subsequent dispersion model phase of unchoked liquid flow (evaporating m. Physical Removal HFPLUME AEROPLUME version liquid pool). specifically for HF Dry deposition is treated by the source EVAP output data: pool dimensions, pool HEGABOX Dispersion of instantaneous depletion method. evaporation rate, pool mass and other pool heavy gas releases variables for steady state conditions or as a n. Evaluation Studies Far-field dispersion models: function of time. EVAP generates link data to Seigneur, C., R.W. Bergstrom and A.B. HEGADAS(S,T) Heavy gas dispersion the dispersion model HEGADAS (pool Hudischewskyj, 1982. Evaluation of the EPA (steady-state and transient version) dimensions and pool evaporation rate). PLUVUE Model and the ERT Visibility PGPLUME Passive Gaussian dispersion HFPLUME and PLUME output data: plume Model Based on the 1979 VISTTA Data Base. Utility programs: variables (concentration, width, centroid EPA Publication No. EPA–450/4–82–008. HFFLASH Flashing of HF from pressurized height, temperature, velocity, etc.) as a U.S. Environmental Protection Agency, vessel function of downwind distance. Research Triangle Park, NC. POSTHS/POSTHT Post-processing of HEGADAS output data: concentration White, W.H., C. Seigneur, D.W. Heinold, HEGADAS(S,T) results variables and temperature as a function of M.W. Eltgroth, L.W. Richards, P.T. Roberts, PROFILE Post-processor for concentration downwind distance and (for transient case) P.S. Bhardwaja, W.D. Conner and W.E. contours of airborne plumes time. Wilson, Jr., 1985. Predicting the Visibility of GET2COL Utility for data retrieval PGPLUME output data: concentration as a Chimney Plumes: An Inter-comparison of The models assume flat, unobstructed function of downwind distance, cross-wind Four Models with Observations at a Well- terrain. HGSYSTEM can be used to model distance and height. steady-state, finite-duration, instantaneous Controlled Power Plant. Atmospheric d. Type of Model Environment, 19: 515–528. and time dependent releases, depending on the individual model used. The models can HGSYSTEM is made up of four types of B.4 HGSYSTEM be run consecutively, with relevant data dispersion models. HFPLUME and PLUME (Dispersion Models for Ideal Gases and being passed on from one model to the next simulate the near-field dispersion and Hydrogen Fluoride) using link files. The models can be run in PGPLUME simulates the passive-gas Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41879 dispersion downwind of a transition point. m. Physical Removal The system includes a mesoscale HEGADAS simulates the ground-level heavy- Not treated. meteorological code, a transport and gas dispersion. diffusion code, and extensive Graphical User n. Evaluation Studies Interfaces (GUIs). This system is unique e. Pollutant Types PLUME has been validated against field because the diffusion code uses time HGSYSTEM may be used to model non- data for releases of liquified propane, and dependent, three-dimensional winds and reactive chemicals or hydrogen fluoride. wind tunnel data for buoyant and vertically- turbulence distributions that are forecasted by a mesoscale weather prediction model. f. Source-Receptor Relationships released dense plumes. HFPLUME and PLUME have been validated against field Consequently the predicted concentration HGSYSTEM estimates the expected area of data for releases of HF (Goldfish distributions are more accurate than those exposure to concentrations above user- experiments) and propane releases. In predicted by traditional models when surface specified threshold values. By imposing addition, the plume rise algorithms have conditions are heterogeneous. In general, the conservation of mass, momentum and energy been tested against Hoot, Meroney, and modeled concentration distributions are not the concentration, density, speed and Peterka, Ooms and Petersen databases. Gaussian because winds and turbulence temperature are evaluated as a function of HEGADAS has been validated against steady distributions change considerably in time downwind distance. and transient releases of liquid propane and and space over complex terrain. g. Plume Behavior LNG over water (Maplin Sands field data), The models were originally developed by steady and finite-duration pressurized using super computers. However, recent HFPLUME and PLUME: (1) are steady-state releases of HF (Goldfish experiments; linked advancement of computer hardware has models assuming a top-hat profile with cross- with HFPLUME), instantaneous release of made it possible to run complex three- section averaged plume variables; and (2) the Freon (Thorney Island field data; linked with dimensional meteorological models on momentum equation is taken into account for the box model HEGABOX) and wind tunnel desktop workstations. The present versions horizontal ambient shear, gravity, ground data for steady, isothermal dispersion. of the programs are running on super collision, gravity-slumping pressure forces Validation studies are contained in the computers and workstations. GUIs are and ground-surface drag. following references. available on Sun Microsystems and Silicon HEGADAS: assumes the heavy cloud to McFarlane, K., Prothero, A., Puttock, J.S., Graphics workstations. The modeling system move with the ambient wind speed, and Roberts, P.T. and H.W.M. Witlox, 1990. can also run on a laptop workstation which adopts a power-law fit of the ambient wind Development and validation of atmospheric makes it possible to run the programs in the speed for the velocity profile. dispersion models for ideal gases and field or away from the office. As technology PGPLUME: simulates the passive-gas hydrogen fluoride, Part I: Technical continues to advance, a version of HOTMAC/ dispersion downwind of a transition point Reference Manual. Report TNER.90.015. RAPTAD suitable for PC-based platforms will from HFPLUME or PLUME for steady-state Thornton Research Centre, Shell Research, be considered for release by YSA. and finite duration releases. Chester, England. [EGG 1067–1151] (NTIS HOTMAC, Higher Order Turbulence Model h. Horizontal Winds No. DE 93–000953) for Atmospheric Circulation, is a mesoscale Witlox, H.W.M., McFarlane, K., Rees, F.J. weather prediction model that forecasts A power law fit of the ambient wind speed and J.S. Puttock, 1990. Development and is used. wind, temperature, humidity, and validation of atmospheric dispersion models atmospheric turbulence distributions over i. Vertical Wind Speed for ideal gases and hydrogen fluoride, Part II: complex surface conditions. HOTMAC has HGSYSTEM Program User’s Manual. Report Not treated. options to include non-hydrostatic pressure TNER.90.016. Thornton Research Centre, computation, nested grids, land-use j. Horizontal Dispersion Shell Research, Chester, England. [EGG distributions, cloud, fog, and precipitation 1067–1152] (NTIS No. DE 93–000954) HFPLUME and PLUME: Plume dilution is physics. HOTMAC can interface with tower, caused by air entrainment resulting from B.5 HOTMAC/RAPTAD rawinsonde, and large-scale weather data high plume speeds, trailing vortices in wake Reference using a four-dimensional data assimilation of falling plume (before touchdown), ambient method. RAPTAD, Random Puff Transport Mellor, G.L. and T. Yamada, 1974. A turbulence and density stratification. Plume and Diffusion, is a Lagrangian random puff Hierarchy of Turbulence Closure Models for dispersion is assumed to be steady and model that is used to forecast transport and Planetary Boundary Layers. Journal of momentum-dominated, and effects of diffusion of airborne materials over complex Atmospheric Sciences, 31: 1791–1806. terrain. Concentrations are computed by downwind diffusion and wind meander Mellor, G.L. and T. Yamada, 1982. (averaging time) are not taken into account. summing the concentration of each puff at Development of a Turbulence Closure Model the receptor location. The random puff HEGADAS: This model adopts a for Geophysical Fluid Problems. Rev. concentration similarity profile expressed in method is equivalent to the random particle Geophys. Space Phys., 20: 851–875. method with a Gaussian kernel for particle terms of an unknown center-line ground- Yamada, T. and S. Bunker, 1988. distribution. The advantage of the puff level concentration and unknown vertical/ Development of a Nested Grid, Second method is the accuracy and speed of cross-wind dispersion parameters. These Moment Turbulence Closure Model and computation. The particle method requires quantities are determined from a number of Application to the 1982 ASCOT Brush Creek the release of a large number of particles basic equations describing gas-mass Data Simulation. Journal of Applied conservation, air entrainment (empirical law Meteorology, 27: 562–578. which could be computationally expensive. describing vertical top-entrainment in terms The puff method requires the release of a of global Richardson number), cross-wind Availability much less number of puffs, typically 1⁄10 to gravity spreading (initial gravity spreading For a cost to be negotiated with the model 1⁄100 of the number of particles required by followed by gravity-current collapse) and developer, a 1⁄4–inch data cartridge or a 4mm the particle method. cross-wind diffusion (Briggs formula). DAT tape containing the HOTMAC/RAPTAD The averaging time for concentration PGPLUME: This model assumes a Gaussian computer codes including pre- and post- estimates is variable from 5 minutes to 15 concentration profile in which the cross- processors and hard copies of user manuals minutes for each receptor. In addition to the wind and vertical dispersion coefficients are (User’s Manual, Maintenance Manual, concentration computation at the receptor determined by empirical expressions. All Operations Manual, Maintenance Interface sites, RAPTAD computes and graphically unknown parameters in this profile are Manual, Topo Manual, and 3–Dimensional displays hourly concentration contours at the determined by imposing appropriate Plume Manual) are available from YSA ground level. RAPTAD is applicable to point matching criteria at the transition point. Corporation, Rt. 4 Box 81–A, Santa Fe, NM and area sources. 87501; Phone: (505) 989–7351; Fax: (505) The meteorological data produced from k. Vertical Dispersion 989–7965; e-mail: [email protected] HOTMAC are used as input to RAPTAD. See description above. RAPTAD can forecast concentration Abstract distributions for neutrally buoyant gas, l. Chemical Transformation YSA Corporation offers a comprehensive buoyant gas and denser-than-air gas. The Not treated. modeling system for environmental studies. models are significantly advanced in both 41880 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations their model physics and in their operational from the latitudes and longitudes to the UTM RAPTAD can also use the winds observed at procedures. GUIs are provided to help the (Universal Transverse Mercator) coordinates towers and by rawinsondes. user prepare input files, run programs, and for up to three nested grids. display the modeled results graphically in Emission Data: Emission data requirements i. Vertical Wind Speed three dimensions. are emission rate, stack height, stack RAPTAD uses vertical winds on a gridded diameter, stack location, stack gas exit array that are supplied hourly by HOTMAC. a. Recommendation for Regulatory Use velocity, and stack buoyancy. HOTMAC computes vertical wind either by There are no specific recommendations at Receptor Data: Receptor data requirements solving an equation of motion for the vertical the present time. The HOTMAC/RAPTAD are names, location coordinates, and desired wind or a mass conservation equation. modeling system may be used on a case-by- averaging time for concentration estimates, RAPTAD interpolates vertical winds at puff case basis. which is variable from 5 to 15 minutes. center locations every 10 seconds from the b. Input Requirements c. Output values on a gridded array. Meteorological Data: The modeling system HOTMAC outputs include hourly winds, j. Horizontal Dispersion is significantly different from the majority of temperatures, and turbulence variables at Horizontal dispersion is based on the regulatory models in terms of how every grid point. Ancillary codes graphically standard deviations of horizontal winds that meteorological data are provided and used in display vertical profiles of wind, are computed by HOTMAC. concentration simulations. Regulatory temperature, and turbulence variables at models use the wind data which are obtained selected locations and wind vector k. Vertical Dispersion directly from measurements or analyzed by distributions at specified heights above the Vertical dispersion is based on the using a simple constraint such as a mass ground. These codes also produce graphic standard deviations of vertical wind that are conservation equation. Thus, the accuracy of files of wind direction projected on vertical computed by HOTMAC. the computation will depend significantly on cross sections. the quantity and quality of the wind data. RAPTAD outputs include hourly values of l. Chemical Transformation This approach is acceptable as long as the surface concentration, time variations of HOTMAC can provide meteorological study area is flat and the simulation period mean and standard deviation of inputs to other models that handle chemical is short. As the regulations become more concentrations at selected locations, and reactions, e.g., UAM. stringent and more realistic surface coordinates of puff center locations. conditions are required, a significantly large Ancillary codes produce color contour plots m. Physical Removal volume of meteorological data is required of surface concentration, time variations of Not treated. which could become very expensive. mean concentrations and ratios of standard n. Evaluation Studies An alternative approach is to augment the deviation to mean value at selected locations, measurements with predicted values from a and concentration distributions in the Yamada, T., S. Bunker and M. Moss, 1992. mesoscale meteorological model. This is the vertical cross sections. The averaging time of A Numerical Simulation of Atmospheric approach we have taken here. This approach concentration at a receptor location is Transport and Diffusion over Coastal has several advantages over the conventional variable from 5 to 15 minutes. Color contour Complex Terrain. Journal of Applied method. First, concentration computations plots of surface concentration can be Meteorology, 31: 565–578. use the model forecast wind while the animated on the monitor to review time Yamada, T. and T. Henmi, 1994. conventional method extrapolates the variations of high concentration areas. HOTMAC: Model Performance Evaluation by observed winds. Extrapolation of wind data d. Type of Model Using Project WIND Phase I and II Data. over complex terrain and for an extended Mesoscale Modeling of the Atmosphere, period of time quickly loses its accuracy. HOTMAC is a 3-dimensional Eulerian American Meteorological Society, model for weather forecasting, and RAPTAD Secondly, the number of stations for upper Monograph 47, pp. 123–135. is a 3-dimensional Lagrangian random puff air soundings is typically limited from none model for pollutant transport and diffusion. B.6 LONGZ to at most a few stations in the study area. The corresponding number in a mesoscale e. Pollutant types Reference model is the number of grid points in the RAPTAD may be used to model any inert Bjorklund, J.R. and J.F. Bowers, 1982. horizontal plane which is typically 50 X 50. pollutants, including dense and buoyant User’s Instructions for the SHORTZ and Consequently, concentration distributions gases. LONGZ Computer Programs, Volumes I and using model forecasted winds would be II, EPA Publication No. EPA–903/9–82–004. much more accurate than those obtained by f. Source-Receptor Relationship U.S. Environmental Protection Agency, using winds which were extrapolated from Up to six point or area sources are Region III, Philadelphia, PA. the limited number of measurements. specified and up to 50 sampling locations are HOTMAC requires meteorological data for selected. Source and receptor heights are Availability initialization and to provide boundary specified by the user. The computer code is available on the conditions if the boundary conditions change Support Center for Regulatory Air Models significantly with time. The minimum g. Plume Behavior Bulletin Board System and on diskette (as PB amount of data required to run HOTMAC is Neutrally buoyant plumes are transported 96–501994) from the National Technical wind and potential temperature profiles at a by mean and turbulence winds that are Information Service (see Section B.0). single station. HOTMAC forecasts wind and modeled by HOTMAC. Non-neutrally turbulence distributions in the boundary buoyant plume equations are based on Van Abstract layer through a set of model equations for Dop (1992). In general, plumes are non- LONGZ utilizes the steady-state univariate solar radiation, heat energy balance at the Gaussian. Gaussian plume formulation for both urban ground, conservation of momentum, and rural areas in flat or complex terrain to conservation of internal energy, and h. Horizontal Winds calculate long-term (seasonal and/or annual) conservation of mass. RAPTAD uses wind speed, wind direction, ground-level ambient air concentrations Terrain Data: HOTMAC and RAPTAD use and turbulence on a gridded array that is attributable to emissions from up to 14,000 the digitized terrain data from the U.S. supplied hourly by HOTMAC. Stability effect arbitrarily placed sources (stacks, buildings Geological Survey and the Defense Mapping and mixed layer height are incorporated and area sources). The output consists of the Agency. Extraction of terrain data is greatly through the intensity of turbulence which is total concentration at each receptor due to simplified by using YSA’s GUI software a function of stability. HOTMAC predicts emissions from each user-specified source or called Topo. The user specifies the latitudes turbulence intensity by solving a turbulence group of sources, including all sources. An and longitudes of the southwest and kinetic energy equation and a length scale option which considers losses due to northeast corner points of the study area. equation. RAPTAD interpolates winds and deposition (see the description of SHORTZ) Then, Topo extracts the digitized elevation turbulence at puff center locations every 10 is deemed inappropriate by the authors for data within the area specified and converts seconds from the values on a gridded array. complex terrain, and is not discussed here. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41881 a. Recommendations for Regulatory Use Tilted plume is used for pollutants with flat (on a scale large compared to the ground LONGZ can be used if it can be settling velocity specified. roughness elements). The PPSP model demonstrated to estimate concentrations Buoyancy-induced dispersion is treated follows the same general formulation and equivalent to those provided by the preferred (Briggs, 1972). computer coding as CRSTER, also a Gaussian model, but it differs in four major ways. The model for a given application. LONGZ must h. Horizontal Winds differences are in the scientific formulation be executed in the equivalent mode. Wind field is homogeneous and steady- of specific ingredients or ‘‘sub-models’’ to the LONGZ can be used on a case-by-case basis state. Gaussian model, and are based on recent in lieu of a preferred model if it can be Wind speed profile exponents are theoretical improvements as well as demonstrated, using the criteria in Section functions of both stability class and wind supporting experimental data. The 3.2 of Appendix W, that LONGZ is more speed. Default values are specified in differences are: (1) stability during daytime is appropriate for the specific application. In Bjorklund and Bowers (1982). based on convective scaling instead of the this case the model options/modes which are Turner criteria; (2) Briggs’ dispersion curves most appropriate for the application should i. Vertical Wind Speed for elevated sources are used; (3) Briggs be used. Vertical wind speed is assumed equal to plume rise formulas for convective b. Input Requirements zero. conditions are included; and (4) plume penetration of elevated stable layers is given j. Horizontal Dispersion Source data requirements are: for point, by Briggs’ (1984) model. building or area sources, location, elevation, Pollutants are initially uniformly total emission rate (optionally classified by distributed within each wind direction a. Recommendations for Regulatory Use gravitational settling velocity) and decay sector. A smoothing function is then used to PPSP can be used if it can be demonstrated coefficient; for stack sources, stack height, remove discontinuities at sector boundaries. to estimate concentrations equivalent to effluent temperature, effluent exit velocity, those provided by the preferred model for a stack radius (inner), emission rate, and k. Vertical Dispersion given application. PPSP must be executed in ground elevation (optional); for building Vertical dispersion is derived from input the equivalent mode. sources, height, length and width, and vertical turbulent intensities using PPSP can be used on a case-by-case basis orientation; for area sources, characteristic adjustments to plume height and rate of in lieu of a preferred model if it can be vertical dimension, and length, width and plume growth with downwind distance demonstrated, using the criteria in Section orientation. specified in Bjorklund and Bowers (1982). 3.2 of Appendix W, that PPSP is more Meteorological data requirements are: wind appropriate for the specific application. In l. Chemical Transformation speed and measurement height, wind profile this case the model options/modes which are exponents, wind direction standard Chemical transformations are treated using most appropriate for the application should deviations (turbulent intensities), mixing exponential decay. Time constant is input by be used. the user. height, air temperature, vertical potential b. Input Requirements temperature gradient. m. Physical Removal Receptor data requirements are: Source data requirements are: emission coordinates, ground elevation. Gravitational settling and dry deposition of rate (monthly rates optional), physical stack particulates are treated. height, stack gas exit velocity, stack inside c. Output diameter, stack gas temperature. n. Evaluation Studies Printed output includes total concentration Meteorological data requirements are: due to emissions from user-specified source Bjorklund, J.R. and J.F. Bowers, 1982. hourly surface weather data from the EPA groups, including the combined emissions User’s Instructions for the SHORTZ and meteorological preprocessor program. from all sources (with optional allowance for LONGZ Computer Programs, Volume I and II. Preprocessor output includes hourly stability depletion by deposition). EPA Publication No. EPA–903/9–82–004. class, wind direction, wind speed, U.S. Environmental Protection Agency, temperature, and mixing height. Actual d. Type of Model Region III, Philadelphia, PA. anemometer height (a single value) is also LONGZ is a climatological Gaussian plume B.7 Maryland Power Plant Siting Program required. Wind speed profile exponents (one model. (PPSP) Model for each stability class) are required if on-site data are input. e. Pollutant Types Reference Receptor data requirements are: distance of LONGZ may be used to model primary Brower, R., 1982. The Maryland Power each of the five receptor rings. pollutants. Settling and deposition are Plant Siting Program (PPSP) Air Quality c. Output treated. Model User’s Guide. Ref. No. PPSP–MP–38. Prepared for Maryland Department of Natural Printed output includes: Highest and second highest concentrations f. Source-Receptor Relationships Resources by Environmental Center, Martin for the year at each receptor for averaging LONGZ applies user specified locations for Marietta Corporation, Baltimore, MD. (NTIS times of 1, 3, and 24-hours, plus a user- sources and receptors. Receptors are assumed No. PB 82–238387) selected averaging time which may be 2, 4, to be at ground level. Weil, J.C. and R.P. Brower, 1982. The 6, 8, or 12 hours; Maryland PPSP Dispersion Model for Tall g. Plume Behavior Annual arithmetic average at each receptor; Stacks. Ref. No. PPSP–MP–36. Prepared for and Plume rise equations of Bjorklund and Maryland Department of Natural Resources Bowers (1982) are used. For each day, the highest 1-hour and 24- by Environmental Center, Martin Marietta hour concentrations over the receptor field. Stack tip downwash (Bjorklund and Corporation, Baltimore, MD. (NTIS No. PB Bowers, 1982) is included. 82–219155) d. Type of Model All plumes move horizontally and will PPSP is a Gaussian plume model. fully intercept elevated terrain. Availability Plumes above mixing height are ignored. The model code and test data are available e. Pollutant Types Perfect reflection at mixing height is on diskette for a nominal cost to defray PPSP may be used to model primary assumed for plumes below the mixing height. shipping and handling charges from: Mr. pollutants. Settling and deposition are not Plume rise is limited when the mean wind Roger Brower, Versar, Inc., 9200 Rumsey treated. at stack height approaches or exceeds stack Road, Columbia, MD 21045; Phone: (410) exit velocity. 964–9299. f. Source-Receptor Relationship Perfect reflection at ground is assumed for Up to 19 point sources are treated. pollutants with no settling velocity. Abstract All point sources are assumed at the same Zero reflection at ground is assumed for PPSP is a Gaussian dispersion model location. pollutants with finite settling velocity. applicable to tall stacks in either rural or Unique stack height and stack exit LONGZ does not simulate fumigation. urban areas, but in terrain that is essentially conditions are applied for each source. 41882 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

Receptor locations are restricted to 36 B.8 Mesoscale Puff Model (MESOPUFF II) d. Type of Model azimuths (every 10 degrees) and five user- Reference MESOPUFF II is a Gaussian puff specified radial distances. superposition model. Scire, J.S., F.W. Lurmann, A. Bass and S.R. g. Plume Behavior Hanna, 1984. User’s Guide to the Mesopuff e. Pollutant Types Briggs (1975) final rise formulas for II Model and Related Processor Programs. Up to five pollutant species may be buoyant plumes are used. Momentum rise is EPA Publication No. EPA–600/8–84–013. modeled simultaneously and include: SO2, not considered. U.S. Environmental Protection Agency, SO4, NOx, HNO3, NO3. Transitional or distance-dependent plume Research Triangle Park, NC. (NTIS No. PB f. Source-Receptor Relationship rise is not modeled. 84–181775) Penetration (complete, partial, or zero) of A Modeling Protocol for Applying Up to 25 point sources and/or up to 5 area elevated inversions is treated with Briggs MESOPUFF II to Long Range Transport sources are permitted. Problems, 1992. EPA Publication No. EPA– (1984) model; ground-level concentrations 454/R–92–021. U.S. Environmental g. Plume Behavior are dependent on degree of plume Protection Agency, Research Triangle Park, Briggs (1975) plume rise equations are penetration. NC. used, including plume penetration with h. Horizontal Winds buoyancy flux computed in the model. Availability Fumigation of puffs is considered and may Wind speeds are corrected for release This model code is available on the produce immediate mixing or multiple height based on power law variation, with Support Center for Regulatory Air Models reflection calculations at user option. different exponents for different stability Bulletin Board System and also on diskette h. Horizontal Winds classes and variable reference height (7 (as PB 93–500247) from the National meters is default). Wind speed power law Technical Information Service (see Section Gridded wind fields are computed for 2 exponents are 0.10, 0.15, 0.20, 0.25, 0.30, and B.0). layers; boundary layer and above the mixed 0.30 for stability classes A through F, layer. Upper air rawinsonde data and hourly respectively. Abstract surface winds are used to obtain spatially Constant, uniform (steady-state) wind MESOPUFF II is a short term, regional variable u,v component fields at hourly assumed within each hour. scale puff model designed to calculate intervals. The gridded fields are computed by concentrations of up to 5 pollutant species interpolation between stations in the i. Vertical Wind Speed (SO2, SO4, NOX, HNO3, NO3). Transport, puff MESOPAC II preprocessor. Vertical wind speed is assumed equal to growth, chemical transformation, and wet i. Vertical Wind Speed zero. and dry deposition are accounted for in the model. Vertical winds are assumed to be zero. j. Horizontal Dispersion j. Horizontal Dispersion Rural dispersion parameters are Briggs a. Recommendations for Regulatory Use (Gifford, 1975), with stability class defined There is no specific recommendation at the Incremental puff growth is computed over by u/w* during daytime, and by the method present time. The model may be used on a discrete time steps with horizontal growth of Turner (1964) at night. case-by-case basis. parameters determined from power law equations fit to sigma y curves of Turner out Urban dispersion is treated by changing all b. Input Requirements to 100km. At distances greater than 100km, stable cases to stability class D. puff growth is determined by the rate given Buoyancy-induced dispersion (Pasquill, Required input data include four types: (1) by Heffter (1965). 1976) is included (using ∆Η/3.5). input control parameters and selected technical options, (2) hourly surface Puff growth is a function of stability class k. Vertical Dispersion meteorological data and twice daily upper air and changes in stability are treated. measurements, hourly precipitation data are Optionally, user input plume growth Rural dispersion parameters are Briggs coefficients may be considered. (Gifford, 1975), with stability class defined optional, (3) surface land use classification by u/w* during daytime, and by the method information, (4) source and emissions data. k. Vertical Dispersion Data from up to 25 surface National of Turner (1964). Weather Service stations and up to 10 upper For puffs emitted at an effective stack Urban dispersion is treated by changing all air stations may be considered. Spatially height which is less than the mixing height, stable cases to stability class D. variable fields at hour intervals of winds, uniform mixing of the pollutant within the Buoyancy-induced dispersion (Pasquill, mixed layer is performed. For puffs centered ∆Η/3.5). mixing height, stability class, and relevant 1976) is included (using turbulence parameters are derived by above the mixing height, no effect at the ground occurs. l. Chemical Transformation MESOPAC II, the meteorological preprocessor program described in the User Not treated. l. Chemical Transformation Guide. Hourly chemical rate constants are m. Physical Removal Source and emission data for up to 25 computed from empirical expressions point sources and/or up to 5 area sources can Not treated. derived from photochemical model be included. Required information are: simulations. n. Evaluation Studies location in grid coordinates, stack height, exit m. Physical Removal Londergan, R., D. Minott, D. Wackter, T. velocity and temperature, and emission rates Kincaid and D. Bonitata, 1983. Evaluation of for the pollutant to be modeled. Dry deposition is treated with a resistance Receptor data requirements: up to a 40×40 Rural Air Quality Simulation Models, method. grid may be used and non-gridded receptor Appendix G: Statistical Tables for PPSP. EPA Wet removal may be considered if hourly locations may be considered. Publication No. EPA–450/4–83–003. precipitation data are input. Environmental Protection Agency, Research c. Output n. Evaluation Studies Triangle Park, NC. Line printer output includes: all input Results of tests for some model parameters Weil, J.C. and R.P. Brower, 1982. The parameters, optionally selected arrays of are discussed in: Maryland PPSP dispersion model for tall ground-level concentrations of pollutant Scire, J.S., F.W. Lurmann, A. Bass and S.R. stacks. Ref. No. PPSP MP–36. Prepared for species at specified time intervals. Hanna, 1984. Development of the Maryland Department of Natural Resources. Line printer contour plots output from MESOPUFF II Dispersion Model. EPA Prepared by Environmental Center, Martin MESOFILE II post-processor program. Publication No. EPA–600/3–84–057. U.S. Marietta Corporation, Baltimore, Maryland. Computer readable output of concentration Environmental Protection Agency, Research (NTIS No. PB 82–219155) array to disk/tape for each hour. Triangle Park, NC. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41883

B.9 Mesoscale Transport Diffusion and e. Pollutant Types Stanley S. Vasa, Senior Environmental Deposition Model for Industrial Sources MTDDIS can be used to model primary Specialist, Southern Company Services, P.O. (MTDDIS) pollutants. Dry deposition is treated. Box 2625, Birmingham, AL 35202. Reference Exponential decay can account for some Abstract reactions. Wang, I.T. and T.L. Waldron, 1980. User’s SCSTER is a modified version of the EPA Guide for MTDDIS Mesoscale Transport, f. Source-Receptor Relationship CRSTER model. The primary distinctions of Diffusion, and Deposition Model for MTDDIS treats up to 10 point sources. SCSTER are its capability to consider Industrial Sources. EMSC6062.1UR(R2). Up to three rectangular receptor grids may multiple sources that are not necessarily Combustion Engineering, Newbury Park, CA. be specified by the user. collocated, its enhanced receptor specifications, its variable plume height Availability g. Plume Behavior terrain adjustment procedures and plume A diskette copy of the FORTRAN coding Briggs (1971, 1972) plume rise formulas are distortion from directional wind shear. and the user’s guide are available for a cost used. a. Recommendations for Regulatory Use of $100 from: Dr. I. T. Wang, Environmental If plume height exceeds mixing height, Modeling & Analysis, 2219 E. Thousand Oaks ground level concentration is assumed zero. SCSTER can be used if it can be Blvd., Suite 435, Thousand Oaks, CA 91362. Fumigation and downwash are not treated. demonstrated to estimate concentrations equivalent to those provided by the preferred h. Horizontal Winds Abstract model for a given application. SCSTER must MTDDIS is a variable-trajectory Gaussian Wind speeds and wind directions at each be executed in the equivalent mode. puff model applicable to long-range transport station are first corrected for release height. SCSTER can be used on a case-by-case of point source emissions over level or Speed conversions are based on power law basis in lieu of a preferred model if it can be rolling terrain. The model can be used to variation and direction conversions are based demonstrated, using the criteria in Section determine 3-hour maximum and 24-hour on linear height dependence as 3.2 of Appendix W, that SCSTER is more average concentrations of relatively recommended by Irwin (1979b). appropriate for the specific application. In Converted wind speeds and wind nonreactive pollutants from up to 10 separate this case the model options/modes which are directions are then weighted according to the stacks. most appropriate for the application should algorithms of Heffter (1980) to calculate the be used. a. Recommendations for Regulatory Use effective transport wind speed and direction. b. Input Requirements There is no specific recommendation at the i. Vertical Wind Field Source data requirements are: emission present time. The MTDDIS Model may be Vertical wind speed is assumed equal to used on a case-by-case basis. rate, stack gas exit velocity, stack gas zero. temperature, stack exit diameter, physical b. Input Requirements j. Horizontal Dispersion stack height, elevation of stack base, and coordinates of stack location. The variable Source data requirements are: emission Transport-time-dependent dispersion emission data can be monthly or annual rate, physical stack height, stack gas exit coefficients from Heffter (1980) are used. velocity, stack inside diameter, stack gas averages. temperature, and location. k. Vertical Dispersion Meteorological data requirements are: Meteorological data requirements are: Transport-time-dependent dispersion hourly surface weather data from the EPA hourly surface weather data, from up to 10 coefficients from Heffter (1980) are used. meteorological preprocessor program. stations, including cloud ceiling, wind Preprocessor output includes hourly stability l. Chemical Transformation direction, wind speed, temperature, opaque class wind direction, wind speed, cloud cover and precipitation. For long-range Chemical transformations are treated using temperature, and mixing height. Actual anemometer height (a single value) is applications, user-analyzed daily mixing exponential decay. Half-life is input by the optional. Wind speed profile exponents (one heights are recommended. If these are not user. for each stability class) are optional. available, the NWS daily mixing heights will m. Physical Removal Receptor data requirements are: cartesian be used by the program. A single upper air coordinates and elevations of individual sounding station for the region is assumed. Dry deposition is treated. User input deposition velocity is required. receptors; distances of receptor rings, with For each model run, air trajectories are Wet deposition is treated. User input elevation of each receptor; receptor grid generated for a 48-hour period, and therefore, hourly precipitation rate and precipitation networks, with elevation of each receptor. the afternoon mixing height of the day before layer depth or cloud ceiling height are Any combination of the three receptor and the mixing heights of the day after are required. input types may be used to consider up to also required by the model as input, in order 600 receptor locations. to generate hourly mixing heights for the n. Evaluation Studies modeled period. Carhart, R.A., A.J. Policastro, M. Wastag c. Output Receptor data requirements are: up to three and L. Coke, 1989. Evaluation of Eight Short- Printed output includes: user-specified rectangular grids. Term Long-Range Transport Models Using Highest and second highest concentrations c. Output Field Data. Atmospheric Environment, 23: for the year at each receptor for averaging 85–105. times of 1-, 3-, and 24-hours, a user-selected Printed output includes: B.10 Multi-Source (SCSTER) Model averaging time which may be 2–12 hours, Tabulations of hourly meteorological and a 50 high table for 1-, 3-, and 24-hours; parameters include both input surface Reference Annual arithmetic average at each receptor; observations and calculated hourly stability Malik, M.H. and B. Baldwin, 1980. and the highest 1-hour and 24-hour classes and mixing heights for each station; Program Documentation for Multi-Source concentrations over the receptor field for Printed air trajectories for the two (SCSTER) Model. Program Documentation each day considered. consecutive 24-hour periods for air parcels EN7408SS. Southern Company Services, Inc., Optional tables of source contributions of generated 4 hours apart starting at 0000 LST; Technical Engineering Systems, 64 Perimeter individual point sources at up to 20 receptor and Center East, Atlanta, GA. locations for each averaging period; 3-hour maximum and 24-hour average grid Optional magnetic tape output in either concentrations over user-specified Availability binary or fixed block format includes: rectangular grids are output for the second The SCSTER model and user’s manual are All 1-hour concentrations. 24-hour period. available at no charge on a limited basis Optional card/disk output includes for through Southern Company Services. The each receptor: d. Type of Model computer code may be provided on a Receptor coordinates; receptor elevation; MTDDIS is a Gaussian puff model. diskette. Requests should be directed to: Mr. highest and highest, second-highest, 1-, 3-, 41884 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations and 24-hour concentrations; and annual Publication No. EPA–450/4–83–003. U.S. • Location and dimensions of obstacles, average concentration. Environmental Protection Agency, Research forests, fields, and water bodies. Triangle Park, NC. Source data requirements: d. Type of Model B.11 PANACHE For all types of sources, the exit SCSTER is a Gaussian plume model. temperature and plume mass flow rates and Reference e. Pollutant Types concentration of each of the pollutants are Transoft Group, 1994. User’s Guide of required. External sources require mass flow SCSTER may be used to model primary Fluidyn-PANACHE, a Three-Dimensional rate. For roadways, estimated traffic volume pollutants. Settling and deposition are not Deterministic Simulation of Pollutants and vehicular emissions are required. treated. Dispersion Model for Complex Terrain; Cary, Meteorological data requirements: f. Source-Receptor Relationship North Carolina. Hourly stability class, wind direction, wind speed, temperature, cloud cover, SCSTER can handle up to 60 separate Availability humidity, and mixing height data with lapse stacks at varying locations and up to 600 For a cost to be negotiated with the model rate below and above it. receptors, including up to 15 receptor rings. developer, the computer code is available Primary meteorological variables available User input topographic elevation for each from: Transoft US, Inc., 818 Reedy Creek from the National Weather Service can be receptor is used. Road, Cary, NC 27513–3307; Phone: (919) processed using PCRAMMET (see Section g. Plume Behavior 380–7500, Fax: (919) 380–7592. 9.3.3.2 of Appendix W) to an input file. Data required at the domain boundary: SCSTER uses Briggs (1969, 1971, 1972) Abstract Wind profile (uniform, log or power law), final plume rise formulas. PANACHE is an Eulerian (and Lagrangian depending on the terrain conditions (e.g., Transitional plume rise is optional. for particulate matter), 3-dimensional finite residential area, forest, sea, etc.). SCSTER contains options to incorporate volume fluid mechanics code designed to Chemical source data requirements: wind directional shear with a plume simulate continuous and short-term pollution A database of selected species with specific distortion method described in Appendix A dispersion in the atmosphere, in simple or heats and molecular weights can be extended of the User’s Guide. complex terrain. For single or multiple by the user. For heavy gases the database SCSTER provides four terrain adjustments sources, pollutant emissions from stack, includes a compressibility coefficients table. including the CRSTER full terrain height point, area, volume, general sources and Solar reflection: adjustment and a user-input, stability- distant sources are treated. The model For natural convection simulation with dependent plume path coefficient adjustment automatically treats obstacles, effects of low wind on a sunny day, approximate for receptors above stack height. vegetation and water bodies, the effects of values of temperature for fields, forests, water h. Horizontal Winds vertical temperature stratification on the bodies, shadows and their variations with the Wind speeds are corrected for release wind and diffusion fields, and turbulent time of the day are determined automatically. height based on power law exponents from shear flows caused by atmospheric boundary layer or terrain effects. The code solves c. Output DeMarrais (1959), different exponents for Printed output option: pollutant different stability classes; default reference Navier Stokes equations in a curvilinear mesh espousing the terrain and obstacles. A concentration at receptor points, and listing height of 7m. Default exponents are 0.10, of input data (terrain, chemical, weather, and 0.15, 0.20, 0.25, 0.30, and 0.30 for stability 2nd order resolution helps keep the number of cells limited in case of shearing flow. An source data) with turbulence and precision classes A through F, respectively. control data. Steady-state wind is assumed within a initial wind field is computed by using a Lagrangian multiplier to interpolate wind Graphical output includes: In 3- given hour. dimensional perspective or in any crosswind, Optional consideration of plume distortion data collected on site. The mesh generator, the solver and the numerical schemes have downwind or horizontal plane: wind due to user-input, stability-dependent wind- velocity, pollutant concentration, 3- direction shear gradients. been adopted for atmospheric flows with or without chemical reactions. The model code dimensional isosurface. The profile of i. Vertical Wind Speed operates on any workstation or IBM— concentration can be obtained along any line Vertical wind speed is assumed equal to compatible PC (486 or higher). Gaussian and on the terrain. The concentration contours zero. puff modes are available in PANACHE for can be either instantaneous or time integrated fast, preliminary simulation. for the emission from a source or a source j. Horizontal Dispersion combination. A special utility is included to a. Recommendations for Regulatory Use Rural dispersion coefficients from Turner help prepare a report or a video animation. (1969) are used. On a case-by-case basis, PANACHE may be The user can select images, put in Six stability classes are used. appropriate for the following types of annotations, or do animation. situations: industrial or urban zone on a flat k. Vertical Dispersion or complex terrain, transport distance from a d. Type of Model Rural dispersion coefficients from Turner few meters to 50km, continuous releases with The model uses an Eulerian (and (1969) are used. hourly, monthly or annual averaging times, Lagrangian for particulate matter) 3- Six stability classes are used. chemically reactive or non-reactive gases or dimensional finite volume model solving full An optional test for plume height above particulate emissions for stationary or Navier-Stokes equations. The numerical mixing height before terrain adjustment is roadway sources. diffusion is low with appropriate turbulence included. models for building wakes. A second order b. Input Requirements resolution may be sought to limit the l. Chemical Transformation Data may be input directly from an diffusion. Gaussian and puff modes are Chemical transformations are treated using external source (e.g., GIS file) or available. The numerical scheme is self exponential decay. Half-life is input by the interactively. The model provides the option adaptive for the following situations: user. to use default values when input parameters • A curvilinear mesh or a chopped are unavailable. Cartesian mesh is generated automatically or m. Physical Removal PANACHE user environment integrates the manually; Physical removal is treated using pre- and post-processor with the solver. The • Thermal and gravity effects are exponential decay. Half-life is input by the calculations can be done interactively or in simulated by full gravity (heavy gases), no user. batch mode. An inverse scheme is provided gravity (well mixed light gases at ambient to estimate missing data from a few measured temperature), and Boussinesq approximation n. Evaluation Studies values of the wind. methods; Londergan, R., D. Minott, D. Wackter, T. Terrain data requirements: • K-diff, K-e or a boundary layer Kincaid and D. Bonitata, 1983. Evaluation of • Location, surface roughness estimates, turbulence models are used for turbulence Rural Air Quality Simulation Models. EPA and altitude contours. calculations. The flow behind obstacles such Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41885 as buildings, is calculated by using a number of meshes is limited between Abstract modified K-e. obstacles. The Plume Visibility Model (PLUVUE II) is • For heavy gases, a 3-dimensional heat k. Vertical Dispersion used for estimating visual range reduction conduction from the ground and a and atmospheric discoloration caused by stratification model for heat exchange from Dispersion by full gravity unless plumes consisting of primary particles, the atmosphere are used (with anisotropic Boussinesq approximation or no gravity nitrogen oxides and sulfur oxides emitted turbulence). requested. Vertical dispersion is treated as from a single emission source. PLUVUE II • If local wind data are available, an initial above for horizontal dispersion. uses Gaussian formulations to predict wind field with terrain effects can be l. Chemical Transformation transport and dispersion. The model includes computed using a Lagrangian multiplier, chemical reactions, optical effects and PANCHEM, an atmospheric chemistry which substantially reduces computation surface deposition. Four types of optics module for chemical reactions, is available. time. calculations are made: horizontal and non- Photochemical reactions are used for horizontal views through the plume with a e. Pollutant Types tropospheric ozone calculations. sky viewing background; horizontal views • Scavenging, Acid Rain: A module for m. Physical Removal through the plume with white, gray and water droplets traveling through a plume black viewing backgrounds; and horizontal considers the absorption and de-absorption Physical removal is treated using dry deposition coefficients views along the axis of the plume with a sky effects of the pollutants by the droplet. viewing background. Evaporation and chemical reactions with n. Evaluation Studies gases are also taken into account. a. Recommendations for Regulatory Use Goldwire, H.C. Jr, T.G. McRae, G.W. • Visibility: Predicts plume visibility and The Plume Visibility Model (PLUVUE II) Johnson, D.L. Hipple, R.P. Koopman, J.W. surface deposition of aerosol. may be used on a case-by-case basis as a third McClure, L.K. Morris and R.T. Cederhall, • Particulate matter: Calculates settling level screening model. When applying 1985. Desert Tortoise Series Data Report: and dry deposition of particles based on a PLUVUE II, the following precautions should 1983 Pressurized Ammonia Spills. UCID Probability Density Function (PDF) of their be taken: 20562, Lawrence Livermore National diameters. The exchange of mass, momentum 1. Treat the optical effects of NO and Laboratory; Livermore, California. 2 and heat between particles and gas is treated particles separately as well as together to Green, S.R., 1992. Modeling Turbulent Air with implicit coupling procedures. avoid cancellation of NO2 absorption with • Ozone formation and dispersion: The Flow in a Stand of Widely Spaced Trees, The particle scattering. photochemical model computes ozone PHOENICS Journal of Computational Fluid 2. Examine the visual impact of the plume formation and dispersion at street level in the Dynamics and Its Applications, 5: 294–312. in 0.1 (or 0), 0.5, and 1.0 times the expected presence of sunlight. Gryning, S.E. and E. Lyck, 1984. level of particulate matter in the background • Roadway Pollutants: Accounts for heat Atmospheric Dispersion from Elevated air. and turbulence due to vehicular movement. Sources in an Urban Area: Comparison 3. Examine the visual impact of the plume Emissions are based on traffic volume and Between Tracer Experiments and Model over the full range of observer-plume sun emission factors. Calculations. Journal of Climate and Applied angles. • Odor Dispersion: Identifies odor sources Meteorology, 23: 651–660. 4. The user should consult the appropriate for waste water plants. Havens, J., T. Spicer, H. Walker and T. Federal Land Manager when using PLUVUE • Radon Dispersion: Simulates natural Williams, 1995. Validation of Mathematical II to assess visibility impacts in a Class I area. radon accumulation in valleys and mine Models Using Wind-Tunnel Data Sets for environments. Dense Gas Dispersion in the Presence of b. Input Requirements PANACHE may also be used in emergency Obstacles. University of Arkansas, 8th Source data requirements are: location and International Symposium-Loss Prevention planning and management for episodic elevation; emission rates of SO2, NOX, and emissions, and fire and soot spread in and Safety Promotion in the Process particulates; flue gas flow rate, exit velocity, forested and urban areas or from combustible Industries; Antwerp, Belgium. and exit temperature; flue gas oxygen pools. McQuaid, J. (ed), 1985. Heavy Gas content; properties (including density, mass Dispersion Trials at Thorney Island. Proc. of median and standard geometric deviation of f. Source-Receptor Relationship a Symposium held at the University of radius) of the emitted aerosols in the Simultaneous use of multiple kinds of Sheffield, Great Britain. accumulation (0.1–1.0µm) and coarse (1.0– sources at user defined locations. Any Pavitskiy, N.Y., A.A. Yakuskin and S.V. 10.µm) size modes; and deposition velocities Zhubrin, 1993. Vehicular Exhaust Dispersion number of user defined receptors can identify for SO2, NOX, coarse mode aerosol, and pollutants from each source individually. Around Group of Buildings. The PHOENICS accumulations mode aerosol. Journal of Computational Fluid Dynamics Meteorological data requirements are: g. Plume Behavior and Its Applications, 6: 270–285. stability class, wind direction (for an The options influencing the behavior are Tripathi, S., 1994. Evaluation of Fluidyn- observer-based run), wind speed, lapse rate, full gravity, Boussinesq approximation or no PANACHE on Heavy Gas Dispersion Test air temperature, relative humidity, and gravity. Case. Seminar on Evaluation of Models of mixing height. Heavy Gas Dispersion Organized by Other data requirements are: ambient h. Horizontal Winds European Commission; Mol, Belgium. background concentrations of NOX, NO2, O3, Horizontal wind speed approximations are B.12 Plume Visibility Model (PLUVUE II) and SO2, and background visual range of made only at the boundaries based on sulfate and nitrate concentrations. National Weather Service data. Inside the Reference Receptor (observer) data requirements are: domain of interest, full Navier-Stokes Environmental Protection Agency, 1992. location, terrain elevation at points along resolution with natural viscosity is used for User’s Manual for the Plume Visibility plume trajectory, white, gray, and black 3-dimensional terrain and temperature Model, PLUVUE II (Revised). EPA viewing backgrounds, the distance from the dependent wind field calculation. Publication No. EPA–454/B–92–008, (NTIS observer to the terrain observed behind the PB93–188233). U.S. Environmental plume. i. Vertical Wind Speed Protection Agency, Research Triangle Park, Vertical wind speed approximations are NC. c. Output made only at the boundaries based on Printed output includes plume National Weather Service data. The domain Availability concentrations and visual effects at specified of interest is treated as for horizontal winds. This model code is available on the downwind distances for calculated or Support Center for Regulatory Air Models specified lines of sight. j. Horizontal Dispersion Bulletin Board System and also on diskette Diffusion is calculated using appropriate (as PB 90–500778) from the National d. Type of Model turbulence models. A 2nd order solution for Technical Information Service (see Section PLUVUE II is a Gaussian plume model. shearing flow can be sought when the B.0). Visibility impairment is quantified once the 41886 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations spectral light intensity has been calculated White, W.H., C. Seigneur, D.W. Heinold, analytical diffusion-deposition expressions for the specific lines of sight. Visibility M.W. Eltgroth, L.W. Richards, P.T. Roberts, listed in this report in the limit when impairment includes visual range reduction, P.S. Bhardwaja, W.D. Conner and W.E. pollutant settling and deposition velocities plume contrast, relative coloration of a plume Wilson, Jr, 1985. Predicting the Visibility of are zero, they reduce to the usual Gaussian to its viewing background, and plume Chimney Plumes: An Inter-comparison of plume diffusion algorithms in the PAL perceptibility due to its contrast and color Four Models with Observations at a Well- model. with respect to a viewing background. Controlled Power Plant. Atmospheric Environment, 19: 515–528. a. Recommendations for Regulatory Use e. Pollutant Types B.13 Point, Area, Line Source Algorithm PAL–DS can be used if it can be PLUVUE II treats NO, NO2, SO2, H2SO4, (PAL–DS) demonstrated to estimate concentrations HNO3, O3, primary and secondary particles to equivalent to those provided by the preferred calculate effects on visibility. Reference model for a given application. PAL–DS must f. Source Receptor Relationship Petersen, W.B, 1978. User’s Guide for be executed in the equivalent mode. PAL—A Gaussian-Plume Algorithm for PAL–DS can be used on a case-by-case For performing the optics calculations at Point, Area, and Line Sources. EPA basis in lieu of a preferred model if it can be selected points along the plume trajectory, Publication No. EPA–600/4–78–013. Office of demonstrated, using the criteria in Section PLUVUE II has two modes: plume based and Research and Development, Research 3.2, that PAL–DS is more appropriate for the observer based calculations. The major Triangle Park, NC. (NTIS No. PB 281306) specific application. In this case the model difference is the orientation of the viewer to Rao, K.S. and H.F. Snodgrass, 1982. PAL– options/modes which are most appropriate the source and the plume. DS Model: The PAL Model Including for the application should be used. g. Plume Behavior Deposition and Sedimentation. EPA Publication No. EPA–600/8–82–023. Office of b. Input Requirements Briggs (1969, 1971, 1972) final plume rise Research and Development, Research Source data: point-sources—emission rate, equations are used. Triangle Park, NC. (NTIS No. PB 83–117739) physical stack height, stack gas temperature, h. Horizontal Winds stack gas velocity, stack diameter, stack gas Availability σ User-specified wind speed (and direction volume flow, coordinates of stack, initial y The computer code is available on diskette and σz; area sources—source strength, size of for an observer-based run) are assumed (as PB 90–500802) from the National constant for the calculation. area source, coordinates of S.W. corner, and Technical Information Service (see Section height of area source; and line sources— i. Vertical Wind Speed B.0). source strength, number of lanes, height of σ Vertical wind speed is assumed equal to source, coordinates of end points, initial y Abstract σ zero. and z, width of line source, and width of PAL–DS is an acronym for this point, area, median. Diurnal variations in emissions are j. Horizontal Dispersion and line source algorithm and is a method of permitted. When applicable, the settling estimating short-term dispersion using Constant, uniform (steady-state) wind is velocity and deposition velocity are also Gaussian-plume steady-state assumptions. assumed for each hour. Straight line plume permitted. The algorithm can be used for estimating transport is assumed to all downwind Meteorological data: wind profile concentrations of non-reactive pollutants at distances. exponents, anemometer height, wind 99 receptors for averaging times of 1 to 24 direction and speed, stability class, mixing k. Vertical Dispersion hours, and for a limited number of point, height, air temperature, and hourly variations Rural dispersion coefficients from Turner area, and line sources (99 of each type). This in emission rate. (1969) are used, with no adjustment for algorithm is not intended for application to Receptor data: receptor coordinates. surface roughness. Six stability classes are entire urban areas but is intended, rather, to used. assess the impact on air quality, on scales of c. Output tens to hundreds of meters, of portions of Printed output includes: l. Chemical Transformation urban areas such as shopping centers, large Hourly concentration and deposition flux 1 parking areas, and airports. Level terrain is The chemistry of NO, NO2, O3, OH, O( D), for each source type at each receptor; and assumed. The Gaussian point source SO2, HNO3, and H2SO4 is treated by means Average concentration for up to 24 hours of nine reactions. Steady state equation estimates concentrations from point for each source type at each receptor. approximations are used for radicals and for sources after determining the effective height the NO/NO2/O3 reactions. of emission and the upwind and crosswind d. Type of Model distance of the source from the receptor. PAL–DS is a Gaussian plume model. m. Physical Removal Numerical integration of the Gaussian point Dry deposition of gaseous and particulate source equation is used to determine e. Pollutant Types pollutants is treated using deposition concentrations from the four types of line PAL–DS may be used to model non- velocities. sources. Subroutines are included that reactive pollutants. estimate concentrations for multiple lane line n. Evaluation Studies and curved path sources, special line sources f. Source-Receptor Relationships Bergstrom, R.W., C. Seigneur, B.L. Babson, (line sources with endpoints at different Up to 99 sources of each of 6 source types: H.Y. Holman and M.A. Wojcik, 1981. heights above ground), and special curved point, area, and 4 types of line sources. Comparison of the Observed and Predicted path sources. Integration over the area Source and receptor coordinates are Visual Effects Caused by Power Plant source, which includes edge effects from the uniquely defined. Plumes. Atmospheric Environment, 15: source region, is done by considering finite Unique stack height for each source. 2135–2150. line sources perpendicular to the wind at Coordinates of receptor locations are user Bergstrom, R.W., Seigneur, C.D. Johnson intervals upwind from the receptor. The defined. and L.W. Richards, 1984. Measurements and crosswind integration is done analytically; Simulations of the Visual Effects of integration upwind is done numerically by g. Plume Behavior Particulate Plumes. Atmospheric successive approximations. Briggs final plume rise equations are used. Environment, 18(10): 2231–2244. The PAL–DS model utilizes Gaussian Fumigation and downwash are not treated. Seigneur, C., R.W. Bergstrom and A.B. plume-type diffusion-deposition algorithms If plume height exceeds mixing height, Hudischewskyj, 1982. Evaluation of the EPA based on analytical solutions of a gradient- concentrations are assumed equal to zero. PLUVUE Model and the ERT Visibility transfer model. The PAL–DS model can treat Surface concentrations are set to zero when Model Based on the 1979 VISTTA Data Base. deposition of both gaseous and suspended the plume centerline exceeds mixing height. EPA Publication No. EPA–450/4–82–008. particulate pollutants in the plume since U.S. Environmental Protection Agency, gravitational settling and dry deposition of h. Horizontal Winds Research Triangle Park, NC. the particles are explicitly accounted for. The User-supplied hourly wind data are used. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41887

Constant, uniform (steady-state) wind is Oxidant Model (ROM) and Urban Airshed l. Chemical Transformation assumed within each hour. Wind is assumed Model (UAM) to provide an internally RPM–IV has the flexibility of using any to increase with height. consistent set of modeled ambient user input chemical kinetic mechanism. concentrations for various pollutant species. i. Vertical Wind Speeds Currently it is run using the chemistry of the a. Recommendations for Regulatory Use Carbon Bond Mechanism, CBM–IV (Gery et Assumed equal to zero. al., 1988). The CBM–IV mechanism, as There is no specific recommendation at the j. Horizontal Dispersion incorporated in RPM–IV, utilizes an updated present time. RPM–IV may be used on a case- simulation of PAN chemistry that includes a Rural dispersion coefficients from Turner by-case basis. peroxy-peroxy radical termination reaction, (1969) are used with no adjustments made for b. Input Requirements significant when the atmosphere is NOX- surface roughness. limited (Gery et al., 1989). As stated above, Source data requirements are: emission Six stability classes are used. the current CBM–IV mechanism rates, name, and molecular weight of each Dispersion coefficients (Pasquill-Gifford) accommodates 34 species and 82 reactions species of pollutant emitted; ambient are assumed based on a 3cm roughness focusing primarily on hydrocarbon/nitrogen pressure, ambient temperature, stack height, height. oxides and ozone photochemistry. stack diameter, stack exit velocity, stack gas k. Vertical Dispersion temperature, and location. m. Physical Removal Six stability classes are used. Meteorological data requirements are: wind Not treated. Rural dispersion coefficients from Turner speeds, plume widths or stability classes, (1969) are used; no further adjustments are photolytic rate constants, and plume depths n. Evaluation Studies made for variation in surface roughness, or stability classes. Stewart, D.A. and M–K Liu, 1981. transport or averaging time. Receptor data requirements are: downwind Development and Application of a Reactive Multiple reflection is handled by distances or travel times at which Plume Model. Atmospheric Environment, 15: summation of series until the vertical calculations are to be made. 2377–2393. standard deviation equals 1.6 times mixing Initial concentration of all species is B.15 Shoreline Dispersion Model (SDM) height. Uniform vertical mixing is assumed required, and the specification of downwind thereafter. ambient concentrations to be entrained by Reference the plume is optional. l. Chemical Transformation PEI Associates, 1988. User’s Guide to c. Output SDM–A Shoreline Dispersion Model. EPA Not treated. Short-term concentrations of primary and Publication No. EPA–450/4–88–017. U.S. m. Physical Removal secondary pollutants at either user specified Environmental Protection Agency, Research PAL–DS can treat deposition of both time increments, or user specified downwind Triangle Park, NC. (NTIS No. PB 89–164305) gaseous and suspended particulates in the distances. Availability plume since gravitational settling and dry d. Type of Model The model code is available on the Support deposition of the particles are explicitly Center for Regulatory Air Models Bulletin accounted for. Reactive Gaussian plume model. Board System (see Section B.0). n. Evaluation Studies e. Pollutant Types Abstract None Cited. Currently, using the Carbon Bond Mechanism (CBM–IV), 34 species are SDM is a hybrid multi-point Gaussian B.14 Reactive Plume Model (RPM–IV) dispersion model that calculates source simulated (82 reactions), including NO, NO2, impact for those hours during the year when Reference O3, SO2, SO4, five categories of reactive hydrocarbons, secondary nitrogen fumigation events are expected using a Environmental Protection Agency, 1993. special fumigation algorithm and the MPTER Reactive Plume Model IV (RPM–IV) User’s compounds, organic aerosols, and radical species. regulatory model for the remaining hours (see Guide. EPA Publication No. EPA–454/B–93– Appendix A). 012. U.S. Environmental Protection Agency f. Source-Receptor Relationships (ESRL), Research Triangle Park, NC. (NTIS a. Recommendations for Regulatory Use Single point source. No. PB 93–217412) Single area or volume source. SDM may be used on a case-by-case basis Availability Multiple sources can be simulated if they for the following applications: • Tall stationary point sources located at a The above report and model computer are lined up along the wind trajectory. Predicted concentrations are obtained at a shoreline of any large body of water; code are available on the Support Center for • user specified time increment, or at user Rural or urban areas; Regulatory Air Models Bulletin Board • specified downwind distances. Flat terrain; System. The model code is also available on • Transport distances less than 50 km; diskette (as PB 96–502026) from the National g. Plume Behavior • 1-hour to 1-year averaging times. Technical Information Service (see Section Briggs (1971) plume rise equations are B.0). b. Input Requirements used. Abstract Source data: location, emission rate, h. Horizontal Winds physical stack height, stack gas exit velocity, The Reactive Plume Model, RPM–IV, is a User specifies wind speeds as a function of stack inside diameter, stack gas temperature computerized model used for estimating time. and shoreline coordinates. short-term concentrations of primary and Meteorological data: hourly values of mean secondary reactive pollutants resulting from i. Vertical Wind Speed wind speed within the Thermal Internal single or, in some special cases, multiple Not treated. Boundary Layer (TIBL) and at stack height; sources if they are aligned with the mean mean potential temperature over land and wind direction. The model is capable of j. Horizontal Dispersion over water; over water lapse rate; and surface simulating the complex interaction of plume User specified plume widths, or user may sensible heat flux. In addition to these dispersion and non-linear photochemistry. If specify stability and widths will be meteorological data, SDM access standard Carbon Mechanism IV (CBM–IV) is used, computed using Turner (1969). NWS surface and upper air meteorological emissions must be disaggregated into carbon data through the RAMMET preprocessor. bond classes prior to model application. The k. Vertical Dispersion Receptor data: coordinates for each model can be run on a mainframe computer, User specified plume depths, or user may receptor. workstation, or IBM-compatible PC with at specify stability in which case depths will be least 2 megabytes of memory. A major feature calculated using Turner (1969). Note that c. Output of RPM–IV is its ability to interface with vertical uniformity in plume concentration is Printed output includes the MPTER model input and output files from EPA’s Regional assumed. output as well as: special shoreline 41888 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations fumigation applicability report for each day and b. U.S. Environmental Protection e. Pollutant Types and source; high-five tables on the standard Agency, Region III, Philadelphia, PA. SHORTZ may be used to model primary output with ‘‘F’’ designation next to the Availability pollutants. Settling and deposition of concentration if that averaging period particulates are treated. includes a fumigation event. The computer code is available on the f. Source-Receptor Relationships d. Type of Model Support Center for Regulatory Air Models Bulletin Board System and on diskette (as PB User specified locations for sources and SDM is hybrid Gaussian model. 96–501986) from the National Technical receptors are used. e. Pollutant Types Information Service (see Section B.0). Receptors are assumed to be at ground level. SDM may be used to model primary Abstract pollutants. Settling and deposition are not g. Plume Behavior SHORTZ utilizes the steady state bivariate treated. Gaussian plume formulation for both urban Plume rise equations of Bjorklund and f. Source-Receptor Relationships and rural areas in flat or complex terrain to Bowers (1982) are used. calculate ground-level ambient air Stack tip downwash (Bjorklund and SDM applies user-specified locations of Bowers, 1982) is included. stationary point sources and receptors. User concentrations. The model can calculate 1- hour, 2-hour, 3-hour etc. average All plumes move horizontally and will input stack height, shoreline orientation and fully intercept elevated terrain. concentrations due to emissions from stacks, source characteristics for each source. No Plumes above mixing height are ignored. topographic elevation is input; flat terrain is buildings and area sources for up to 300 Perfect reflection at mixing height is assumed. arbitrarily placed sources. The output assumed for plumes below the mixing height. g. Plume Behavior consists of total concentration at each Plume rise is limited when the mean wind receptor due to emissions from each user- at stack height approaches or exceeds stack SDM uses Briggs (1975) plume rise for final specified source or group of sources, exit velocity. rise. SDM does not treat stack tip or building including all sources. If the option for Perfect reflection at ground is assumed for downwash. gravitational settling is invoked, analysis pollutants with no settling velocity. h. Horizontal Winds cannot be accomplished in complex terrain Zero reflection at ground is assumed for Constant, uniform (steady-state) wind is without violating mass continuity. pollutants with finite settling velocity. Tilted plume is used for pollutants with assumed for an hour. Straight line plume a. Recommendations for Regulatory Use transport is assumed to all downwind settling velocity specified. Buoyancy-induced SHORTZ can be used if it can be distances. Separate wind speed profile dispersion (Briggs, 1972) is included. demonstrated to estimate concentrations exponents (EPA, 1980) for both rural and h. Horizontal Winds urban cases are assumed. equivalent to those provided by the preferred model for a given application. SHORTZ must Winds are assumed homogeneous and i. Vertical Wind Speed be executed in the equivalent mode. steady-state. Wind speed profile exponents are Vertical wind speed is assumed equal to SHORTZ can be used on a case-by-case functions of both stability class and wind zero. basis in lieu of a preferred model if it can be demonstrated, using the criteria in Section speed. Default values are specified in j. Horizontal Dispersion 3.2, that SHORTZ is more appropriate for the Bjorklund and Bowers (1982). For the fumigation algorithm coefficients specific application. In this case the model i. Vertical Wind Speed based on Misra (1980) and Misra and options/modes which are most appropriate Vertical winds are assumed equal to zero. McMillan (1980) are used for plume transport for the application should be used. in stable air above TIBL and based on Lamb j. Horizontal Dispersion b. Input Requirements (1978) for transport in the unstable air below Horizontal plume size is derived from the TIBL. An effective horizontal dispersion Source data requirements are: for point, input lateral turbulent intensities using coefficient based on Misra and Onlock (1982) building or area sources, location, elevation, adjustments to plume height, and rate of is used. For nonfumigation periods, total emission rate (optionally classified by plume growth with downwind distance algorithms contained in the MPTER model gravitational settling velocity) and decay specified in Bjorklund and Bowers (1982). are used (see Appendix A). coefficient; for stack sources, stack height, k. Vertical Dispersion k. Vertical Dispersion effluent temperature, effluent exit velocity, stack radius (inner), actual volumetric flow Vertical plume size is derived from input For the fumigation algorithm, coefficients rate, and ground elevation (optional); for vertical turbulent intensities using based on Misra (1980) and Misra and building sources, height, length and width, adjustments to plume height and rate of McMillan (1980) are used. and orientation; for area sources, plume growth with downwind distance l. Chemical Transformation characteristic vertical dimension, and length, specified in Bjorklund and Bowers (1982). Chemical transformation is not included in width and orientation. l. Chemical Transformation Meteorological data requirements are: wind the fumigation algorithm. Chemical transformations are treated using speed and measurement height, wind profile exponential decay. Time constant is input by m. Physical Removal exponents, wind direction, standard the user. Physical removal is not explicitly treated. deviations of vertical and horizontal wind directions, (i.e., vertical and lateral turbulent m. Physical Removal n. Evaluation Studies intensities), mixing height, air temperature, Settling and deposition of particulates are Environmental Protection Agency, 1987. and vertical potential temperature gradient. treated. Analysis and Evaluation of Statistical Coastal Receptor data requirements are: Fumigation Models. EPA Publication No. coordinates, ground elevation. n. Evaluation Studies EPA–450/4–87–002. U.S. Environmental Bjorklund, J.R. and J.F. Bowers, 1982. c. Output Protection Agency, Research Triangle Park, User’s Instructions for the SHORTZ and NC. (NTIS PB 87–175519) Printed output includes total concentration LONGZ Computer Programs. EPA B.16 SHORTZ due to emissions from user-specified source Publication No. EPA–903/9–82–004. EPA groups, including the combined emissions Environmental Protection Agency, Region III, Reference from all sources (with optional allowance for Philadelphia, PA. Bjorklund, J.R. and J.F. Bowers, 1982. depletion by deposition). Wackter, D. and R. Londergan, 1984. User’s Instructions for the SHORTZ and Evaluation of Complex Terrain Air Quality LONGZ Computer Programs, Volumes I and d. Type of Model Simulation Models. EPA Publication No. II. EPA Publication No. EPA–903/9–82–004a SHORTZ is a Gaussian plume model. EPA–450/4–84–017. U.S. Environmental Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41889

Protection Agency, Research Triangle Park, f. Source-Receptor Relationship release can be processed in any individual NC. The Simple Line-Source Model treats simulation. Also, the model simulates only B.17 Simple Line-Source Model arbitrary location of line sources and one set of meteorological conditions; receptors. therefore direct application of the model over Reference time periods longer than one or two hours is g. Plume Behavior Chock, D.P., 1980. User’s Guide for the not recommended. Simple Line-Source Model for Vehicle Plume-rise formula adequate for a heated a. Recommendations for use line source is used. Exhaust Dispersion Near a Road. Ford The SLAB model should be used as a Research Laboratory, Dearborn, MI. h. Horizontal Winds refined model to estimate spatial and Availability The Simple Line-Source Model uses user- temporal distribution of short-term ambient supplied hourly (or half-hourly) ambient concentration (e.g., 1-hour or less averaging Copies of the above reference are available times) and the expected area of exposure to without charge from: Dr. D.P. Chock, Ford wind speed and direction. The wind measurements are from a height of 5 to 10m. concentrations above specified threshold Research Laboratory, P.O. Box 2053; MD– values for toxic chemical releases where the 3083, Dearborn, MI 48121–2053. The short i. Vertical Wind Speed release is suspected to be denser than the model algorithm is contained in the User’s Vertical wind speed is assumed equal to ambient air. Guide. zero. b. Input Requirements Abstract j. Dispersion Parameters The SLAB model is executed in the batch The Simple Line-Source Model is a simple Horizontal dispersion parameter is not mode. Data are input directly from an steady-state Gaussian plume model which used. external input file. There are 29 input can be used to determine hourly (or half- parameters required to run each simulation. hourly) averages of exhaust concentrations k. Vertical Dispersion These parameters are divided into 5 within 100m from a roadway on a relatively A vertical dispersion parameter is used categories by the user’s guide: source type, flat terrain. The model allows for plume rise which is a function of stability and wind- source properties, spill properties, field due to the heated exhaust, which can be road angle. Three stability classes are used: properties, and meteorological parameters. important when the crossroad wind is very unstable, neutral and stable. The parameters The model is not designed to accept real-time low. The model also utilizes a new set of take into account the effect of traffic- meteorological data or convert units of input vertical dispersion parameters which reflects generated turbulence (Chock, 1980). values. Chemical property data are not the influence of traffic-induced turbulence. available within the model and must be input l. Chemical Transformation by the user. Some chemical and physical a. Recommendations for Regulatory Use Not treated. property data are available in the user’s guide. The Simple Line-Source Model can be m. Physical Removal used if it can be demonstrated to estimate Source type is chosen as one of the concentrations equivalent to those provided Not treated. following: evaporating pool release, horizontal jet release, vertical jet or stack by the preferred model for a given n. Evaluation Studies application. The model must be executed in release, or instantaneous or short duration Chock, D.P., 1978. A Simple Line-Source the equivalent mode. evaporating pool release. Model for Dispersion Near Roadways. The Simple Line-Source Model can be Source property data requirements are Atmospheric Environment, 12: 823–829. physical and chemical properties (molecular used on a case-by-case basis in lieu of a Sistla, G., P. Samson, M. Keenan and S.T. preferred model if it can be demonstrated, weight, vapor heat capacity at constant Rao, 1979. A Study of Pollutant Dispersion pressure; boiling point; latent heat of using criteria in Section 3.2, that it is more Near Highways. Atmospheric Environment, vaporization; liquid heat capacity; liquid appropriate for the specific application. In 13: 669–685. density; saturation pressure constants), and this case the model options/modes which are B.18 SLAB initial liquid mass fraction in the release. most appropriate for the application should Spill properties include: source be used. Reference: temperature, emission rate, source b. Input Requirements Ermak, D.L., 1990. User’s Manual for dimensions, instantaneous source mass, SLAB: An Atmospheric Dispersion Model for release duration, and elevation above ground Source data requirements are: emission Denser-than-Air Releases (UCRL–MA– level. rate per unit length per lane, the number of 105607), Lawrence Livermore National Required field properties are: desired lanes on each road, distances from lane Laboratory. concentration averaging time, maximum centers to the receptor, source and receptor downwind distance (to stop the calculation), heights. Availability and four separate heights at which the Meteorological data requirements are: The computer code can be obtained from: concentration calculations are to be made. buoyancy flux, ambient stability condition, Energy Science and Technology Center, P.O. Meteorological parameter requirements are: ambient wind and its direction relative to the Box 1020, Oak Ridge, TN 37830, Phone (615) ambient measurement height, ambient wind road. 576–2606. speed at designated ambient measurement Receptor data requirements are: distance The User’s Manual (as DE 91–008443) can height, ambient temperature, surface and height above ground. be obtained from the National Technical roughness, relative humidity, atmospheric Information Service. The computer code is stability class, and inverse Monin-Obukhov c. Output also available on the Support Center for length (optional, only used as an input Printed output includes hourly or (half- Regulatory Air Models Bulletin Board System parameter when stability class is unknown). hourly) concentrations at the receptor due to (Public Upload/ Download Area; see Section exhaust emission from a road (or a system of B.0.) c. Output roads by summing the results from repeated No graphical output is generated by the model applications). Abstract current version of this program. The output The SLAB model is a computer model, PC- print file is automatically saved and must be d. Type of Model based, that simulates the atmospheric sent to the appropriate printer by the user The Simple Line-Source Model is a dispersion of denser-than-air releases. The after program execution. Printed output Gaussian plume model. types of releases treated by the model include includes in tabular form: a ground-level evaporating pool, an elevated Listing of model input data; e. Pollutant Types horizontal jet, a stack or elevated vertical jet Instantaneous spatially-averaged cloud The Simple Line-Source Model can be and an instantaneous volume source. All parameters—time, downwind distance, used to model primary pollutants. Settling sources except the evaporating pool may be magnitude of peak concentration, cloud and deposition are not treated. characterized as aerosols. Only one type of dimensions (including length for puff-type 41890 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations simulations), volume (or mole) and mass j. Vertical Dispersion atmospheric pollutants. The model’s output fractions, downwind velocity, vapor mass The crosswind dispersion parameters are includes gridded contour plots of pollutant fraction, density, temperature, cloud velocity, calculated from formulas reported by Morgan concentrations for the highest brief episodes vapor fraction, water content, gravity flow et al. (1983), which are based on (during any single time step), the highest and velocities, and entrainment velocities; experimental data from several sources. The second-highest 24-hour averages, averaged Time-averaged cloud parameters— formulas account for entrainment due to dry and wet deposition fluxes, and a colored parameters which may be used externally to atmospheric turbulence, surface friction, ‘‘movie’’ showing evolving dispersal of calculate time-averaged concentrations at any thermal convection due to ground heating, pollutant concentrations, together with location within the simulation domain differential motion between the air and the temporal plots of the concentrations at (tabulated as functions of downwind cloud, and damping due to stable density specified receptor sites and statistical distance); stratification within the cloud. inference of the probabilities that standards Time-averaged concentration values at will be exceeded at those sites. WYNDvalley k. Horizontal Dispersion plume centerline and at five off-centerline is implemented on IBM compatible distances (off-centerline distances are The horizontal dispersion parameters are microcomputers, with interactive data input and color graphics display. multiples of the effective cloud half-width, calculated from formulas similar to those which varies as a function of downwind described for vertical dispersion, also from a. Recommendations for Regulatory Use the work of Morgan et al. (1983). distance) at four user-specified heights and at WYNDvalley may be used on a case-by- the height of the plume centerline. l. Chemical Transformation case basis to estimate concentrations during d. Type of Model The thermodynamics of the mixing of the valley stagnation periods of 24 hours or dense gas or aerosol with ambient air longer. Recommended inputs are listed As described by Ermak (1989), transport below. and dispersion are calculated by solving the (including water vapor) are treated. The relationship between the vapor and liquid conservation equations for mass, species, Variable Recommended value energy, and momentum, with the cloud being fractions within the cloud is treated using the modeled as either a steady-state plume, a local thermodynamic equilibrium approximation. Reactions of released Horizontal cell dimen- 250 to 500 meters. transient puff, or a combination of both, sion. depending on the duration of the release. In chemicals with water or ambient air are not treated. Vertical layers ...... 3 to 5. the steady-state plume mode, the crosswind- Layer depth ...... 50 to 100 meters. averaged conservation equations are solved m. Physical Removal Background (internal Zero (background and all variables depend only on the Not treated. to model). should be added downwind distance. In the transient puff externally to model mode, the volume-averaged conservation n. Evaluation Studies estimates). equations are solved, and all variables Blewitt, D.N., J.F. Yohn and D.L. Ermak, Lateral meander ve- Default. depend only on the downwind travel time of 1987. An Evaluation of SLAB and DEGADIS locity. the puff center of mass. Time is related to Heavy Gas Dispersion Models Using the HF Diffusivities ...... Default. downwind distance by the height-averaged Spill Test Data. Proceedings, AIChE Ventilation parameter Default. ambient wind speed. The basic conservation International Conference on Vapor Cloud (upper boundary equations are solved via a numerical Modeling, Boston, MA, November, pp. 56– condition). integration scheme in space and time. 80. Dry deposition veloc- Zero (site-specific). Ermak, D.L., S.T. Chan, D.L. Morgan and ity. e. Pollutant Types L.K. Morris, 1982. A Comparison of Dense Washout ratio ...... Zero (site-specific). Pollutants are assumed to be non-reactive Gas Dispersion Model Simulations with and non-depositing dense gases or liquid- Burro Series LNG Spill Test Results. J. Haz. b. Input Requirements vapor mixtures (aerosols). Surface heat Matls., 6: 129–160. Input data, including model options, transfer and water vapor flux are also Zapert, J.G., R.J. Londergan and H. Thistle, modeling domain boundaries, boundary included in the model. 1991. Evaluation of Dense Gas Simulation conditions, receptor locations, source Models. EPA Publication No. EPA–450/4– f. Source-Receptor Relationships locations, and emission rates, may be entered 90–018. U.S. Environmental Protection interactively, or through existing template Only one source can be modeled at a time. Agency, Research Triangle Park, NC. files from a previous run. Meteorological There is no limitation to the number of B.19 WYNDvalley Model data, including wind speeds, wind receptors; the downwind receptor distances directions, rain rates (optionally, for wet are internally-calculated by the model. The Reference deposition calculations), and time of day and SLAB calculation is carried out up to the Harrison, Halstead, 1992. ‘‘A User’s Guide year, may be of arbitrary time increment user-specified maximum downwind to WYNDvalley 3.11, an Eulerian-Grid Air- (usually an hour) and are entered into the distance. Quality Dispersion Model with Versatile model through an external meteorological The model contains submodels for the Boundaries, Sources, and Winds,’’ WYNDsoft data file. Optionally, users may specify source characterization of evaporating pools, Inc., Mercer Island, WA. diffusivities and upper boundary conditions elevated vertical or horizontal jets, and for each time increment. Source emission instantaneous volume sources. Availability rates may be constant or modulated on a Copies of the user’s guide and the daily, weekly, and/or seasonal basis. g. Plume Behavior executable model computer codes are c. Output Plume trajectory and dispersion is based available at a cost of $295.00 from: on crosswind-averaged mass, species, energy, WYNDsoft, Incorporated, 6333 77th Avenue, Output from WYNDvalley includes and momentum balance equations. Mercer Island, WA 98040, Phone: (206) 232– gridded contour maps of the highest Surrounding terrain is assumed to be flat and 1819. pollutant concentrations at each time step of uniform surface roughness. No obstacle or and the highest and second-highest 24-hour Abstract building effects are taken into account. average concentrations. Output also includes WYNDvalley 3.11 is a multi-layer (up to the deposition patterns for wet, dry, and total h. Horizontal Winds five vertical layers) Eulerian grid dispersion fluxes of the pollutants to the surface, A power law approximation of the model that permits users flexibility in integrated over the simulation period. A logarithmic velocity profile which accounts defining borders around the areas to be running ‘‘movie’’ of the concentration for stability and surface roughness is used. modeled, the boundary conditions at these patterns is displayed on the screen (with borders, the intensities and locations of optional printout) as they evolve during the i. Vertical Wind Speed emissions sources, and the winds and simulation. Output files include tables of Not treated. diffusivities that affect the dispersion of daily-averaged pollutant concentrations at Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41891 every modeled grid cell, and of hourly proportional to concentration in the lowest DeMarrais, G.A., 1959. Wind Speed concentrations at up to eight specified layer, while wet deposition is proportional to Profiles at Brookhaven National Laboratory. receptors. Statistical analyses are performed rain rate and concentration in each layer. Journal of Applied Meteorology, 16: 181–189. on the hourly and daily data to estimate the Appropriate coefficients (deposition Ermak, D.L., 1989. A Description of the probabilities that specified levels will be velocities and washout ratios) are input by SLAB Model, presented at JANNAF Safety exceeded more than once during an arbitrary the user. and Environmental Protection Subcommittee number of days with similar weather. Meeting, San Antonio, TX, April, 1989. n. Evaluation Studies Gery, M.W., G.Z. Whitten and J.P. Killus, d. Type of Model Harrison, H., G. Pade, C. Bowman and R. 1988. Development and Testing of CBM-IV WYNDvalley is a three dimensional Wilson, 1990. Air Quality During for Urban and Regional Modeling. EPA Eulerian grid model. Stagnations: A Comparison of RAM and Publication No. EPA–600/3–88–012. U.S. e. Pollutant Types WYNDvalley with PM–10 Measurements at Environmental Protection Agency, Research Five Sites. Journal of the Air & Waste Triangle Park, NC. (NTIS No. PB 88–180039) WYNDvalley may be used to model any Management Association, 40: 47–52. Gery, M.W., G.Z. Whitten, J.P. Killus and inert pollutant. Maykut, N. et al., 1990. Evaluation of the M.C. Dodge, 1989. A Photochemical Kinetics f. Source-Receptor Relationships Atmospheric Deposition of Toxic Mechanism for Urban and Regional Scale Computer Modeling. Journal of Geophysical Source and receptors may be located Contaminants to Puget Sound. State of Research, 94: 12,925–12,956. anywhere within the user-defined modeling Washington, Puget Sound Water Quality Gifford, F.A. and S.R. Hanna, 1970. Urban domain. All point and area sources, or Authority, Seattle, WA. Air Pollution Modeling. Proceedings of the portions of an area source, within a given Yoshida, C., 1990. A Comparison of Second International Clean Air Congress, grid cell are summed to define a WYNDvalley Versions 2.12 and 3.0 with PM– Academic Press, Washington, D.C.; pp. 140– representative emission rate for that cell. 10 Measurements in Six Cities in the Pacific Concentrations are calculated for each and Northwest. Lane Regional Air Pollution 1151. every grid cell in the modeling domain. Up Authority, Springfield, OR. Gifford, F.A., 1975. Atmospheric Dispersion Models for Environmental to eight grid cells may be selected as B. REF References receptors, for which time histories of Pollution Applications. Lectures on Air concentration and deposition fluxes are Beals, G.A., 1971. A Guide to Local Pollution and Environmental Impact determined, and probabilities of exceedance Dispersion of Air Pollutants. Air Weather Analyses. American Meteorological Society, # are calculated. Service Technical Report 214 (April 1971). Boston, MA. Bjorklund, J.R. and J.F. Bowers, 1982. Green, A.E., Singhal R.P. and R. g. Plume Behavior User’s Instructions for the SHORTZ and Venkateswar, 1980. Analytical Extensions of Emissions for buoyant point sources are LONGZ Computer Programs. EPA the Gaussian Plume Model. Journal of the Air placed by the user in a grid cell which best Publication No. EPA–903/9–82–004a and b. Pollution Control Association, 30: 773–776. reflects the expected effective plume height U.S. Environmental Protection Agency, Heffter, J.L., 1965. The Variations of during stagnation conditions. Five vertical Region III, Philadelphia, PA. Horizontal Diffusion Parameters with Time layers are available to the user. Briggs, G.A., 1969. Plume Rise. U.S. for Travel Periods of One Hour or Longer. Atomic Energy Commission Critical Review Journal of Applied Meteorology, 4: 153–156. h. Horizontal Winds Series, Oak Ridge National Laboratory, Oak Heffter, J.L., 1980. Air Resources During each time step in the model, the Ridge, TN. (NTIS No. TID–25075) Laboratories Atmospheric Transport and winds are assumed to be uniform throughout Briggs, G.A., 1971. Some Recent Analyses Dispersion Model (ARL-ATAD). NOAA the modeling domain. Numerical diffusion is of Plume Rise Observations. Proceedings of Technical Memorandum ERL ARL–81. Air minimized in the advection algorithm. To the Second International Clean Air Congress, Resources Laboratories, Silver Spring, MD. account for terrain effects on winds and edited by H.M. Englund and W.T. Berry. Irwin, J.S., 1979a. Estimating Plume dispersion, an ad hoc algorithm is employed Academic Press, New York, NY. Dispersion—A Recommended Generalized in the model to distribute concentrations Briggs, G.A., 1972. Discussion on Chimney Scheme. Fourth Symposium on Turbulence, near boundaries. Plumes in Neutral and Stable Surroundings. Diffusion and Air Pollution, Reno, Nevada. i. Vertical Wind Speed Atmospheric Environment, 6: 507–510. Irwin, J.S., 1979b. A Theoretical Variation Briggs, G.A., 1974. Diffusion Estimation for of the Wind Profile Power-Law Exponent as Winds are assumed to be constant with Small Emissions. USAEC Report ATDL–106. a Function of Surface Roughness and height. U.S. Atomic Energy Commission, Oak Ridge, Stability. Atmospheric Environment, 13: j. Horizontal Dispersion TN. 191–194. Briggs, G.A., 1975. Plume Rise Predictions. MacCready, P.B., Baboolal, L.B. and P.B. Horizontal eddy diffusion coefficients may Lectures on Air Pollution and Environmental Lissaman, 1974. Diffusion and Turbulence be entered explicitly by the user at every time Impact Analyses. American Meteorological Aloft Over Complex Terrain. Preprint step. Alternatively, a default algorithm may Society, Boston, MA, pp. 59–111. Volume, AMS Symposium on Atmospheric be invoked to estimate these coefficients from Briggs, G.A., 1984. Plume Rise and Diffusion and Air Pollution, Santa Barbara, the wind velocities and their variances. Buoyancy Effects. Atmospheric Science and CA. American Meteorological Society, k. Vertical Dispersion Power Production, Darryl Randerson (Ed.). Boston, MA. Vertical eddy diffusion coefficients and a DOE Report DOE/TIC–27601, Technical Moore, G.E., T.E. Stoeckenius and D.A. top-of-model boundary condition may be Information Center, Oak Ridge, TN. (NTIS Stewart, 1982. A Survey of Statistical entered explicitly by the user at every time No. DE84005177) Measures of Model Performance and step. Alternatively, a default algorithm may Carpenter, S.B., T.L. Montgomery, J.M. Accuracy for Several Air Quality Models. be invoked to estimate these coefficients from Leavitt, W.C. Colbaugh and F.W. Thomas, EPA Publication No. EPA–450/4–83–001. the horizontal wind velocities and their 1971. Principal Plume Dispersion Models: U.S. Environmental Protection Agency, variances, and from an empirical time-of-day TVA Power Plants. Journal of Air Pollution Research Triangle Park, NC. correction derived from temperature gradient Control Association, 21: 491–495. Morgan, D.L., Jr., L.K. Morris and D.L. measurements and Monin-Obukhov Chock, D.P., 1980. User’s Guide for the Ermak, 1983. SLAB: A Time-Dependent similarities. Simple Line-Source Model for Vehicle Computer Model for the Dispersion of Heavy Exhaust Dispersion Near a Road. Gas Released in the Atmosphere, UCRL– l. Chemical Transformation Environmental Science Department, General 53383, Lawrence Livermore National Chemical transformation is not explicitly Motors Research Laboratories, Warren, MI. Laboratory, Livermore, CA. treated by WYNDvalley. Colenbrander, G.W., 1980. A Mathematical Pasquill, F., 1976. Atmospheric Dispersion Model for the Transient Behavior of Dense Parameters in Gaussian Plume Modeling, Part m. Physical Removal Vapor Clouds, 3rd International Symposium II. EPA Publication No. EPA–600/4–76–030b. WYNDvalley optionally simulates both wet on Loss Prevention and Safety Promotion in U.S. Environmental Protection Agency, and dry deposition. Dry deposition is the Process Industries, Basel, Switzerland. Research Triangle Park, NC. 41892 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

Slade, D.H., 1968. Meteorology and Atomic • Land use within 3km of source classified determination of background (should be Energy, U.S. Atomic Energy Commission, 445 according to Auer (1978): Correlation of land consistent with the Guideline) pp. (NTIS No. TID–24190) use and cover with meteorological anomalies. 5. Meteorological data: Turner, D.B., 1964. A Diffusion Model of Journal of Applied Meteorology, 17: 636–643. • Five consecutive years of the most recent An Urban Area. Journal of Applied • Population representative sequential hourly National Meteorology, 3: 83–91. ¥> total Weather Service (NWS) data, or one or more Turner, D.B., 1969. Workbook of ¥> density years of hourly sequential on-site data Atmospheric Dispersion Estimates. PHS • Based on current guidance determination • Discussion of meteorological conditions Publication No. 999–AP–26. U.S. of whether the area should be addressed observed (as applied or modified for the site- Environmental Protection Agency, Research using urban or rural modeling methodology specific area, i.e., identify possible variations Triangle Park, NC. 3. Emission inventory and operating/ due to difference between the monitoring site Van Dop, H., 1992. Buoyant Plume Rise in design parameters for major sources within and the specific site of the source) a Lagrangian Frame Work. Atmospheric region of significant impact of proposed site • Discussion of topographic/land use Environment, 26A: 1335–1346. (same as required for applicant) influences • Appendix C to Appendix W of Part 51— Actual and allowable annual emission 6. Air quality modeling analyses: 3 Example Air Quality Analysis Checklist rates (g/s) and operating rates • Model each individual year for which • Maximum design load short-term data are available with a recommended C.0 Introduction 3 emission rate (g/s) model or model demonstrated to be This checklist recommends a standardized • Associated emissions/stack set of data and a standard basic level of acceptable on a case-by-case basis characteristics as a function of load for —urban dispersion coefficients for urban analysis needed for PSD applications and SIP maximum, average, and nominal operating areas revisions. The checklist implies a level of conditions if stack height is less than GEP or —rural dispersion coefficients for rural detail required to assess both PSD increments located in complex terrain. Screening areas and the NAAQS. Individual cases may analyses as footnoted above or detailed • Evaluate downwash if stack height is less require more or less information and the analyses, if necessary, must be employed to than GEP Regional Meteorologist should be consulted determine the constraining load condition • Define worst case meteorology at an early stage in the development of a data (e.g., 50%, 75%, or 100% load) to be relied • Determine background and document base for a modeling analysis. upon in the short-term modeling analysis. At pre-application meetings between —location (UTM’s) method source owner and reviewing authority, this —height of stack (m) and grade level above —long-term checklist should prove useful in developing MSL —short-term a consensus on the data base, modeling • —stack exit diameter (m) Provide topographic map(s) of receptor techniques and overall technical approach —exit velocity (m/s) network with respect to location of all prior to the actual analyses. Such agreement —exit temperature (°K) sources will help avoid misunderstandings • • Area source emissions (rates, size of area, Follow current guidance on selection of concerning the final results and may reduce height of area source)3 receptor sites for refined analyses the later need for additional analyses. • • Location and dimensions of buildings Include receptor terrain heights (if EXAMPLE AIR QUALITY ANALYSIS (plant layout drawing) applicable) used in analyses • CHECKLIST 1 —to determine GEP stack height Compare model estimates with 1. Source location map(s) showing location —to determine potential building measurements considering the upper ends of with respect to: downwash considerations for stack heights the frequency distribution • • Urban areas 2 less than GEP Determine extent of significant impact; • PSD Class I areas • Associated parameters provide maps • • Nonattainment areas 2 —boiler size (megawatts, pounds/hr. Define areas of maximum and highest, • Topographic features (terrain, lakes, river steam, fuel consumption, etc.) second-highest impacts due to applicant valleys, etc.) 2 —boiler parameters (% excess air, boiler source (refer to format suggested in Air • Other major existing sources 2 type, type of firing, etc.) Quality Summary Tables) • Other major sources subject to PSD —operating conditions (pollutant content ¥> long-term requirements in fuel, hours of operation, capacity factor, % ¥> short-term • NWS meteorological observations load for winter, summer, etc.) 7. Comparison with acceptable air quality (surface and upper air) —pollutant control equipment parameters levels: • On-site/local meteorological (design efficiency, operation record, e.g., can • NAAQS observations (surface and upper air) it be bypassed?, etc.) • PSD increments • State/local/on-site air quality monitoring • Anticipated growth changes • Emission offset impacts if nonattainment locations 2 4. Air quality monitoring data: 8. Documentation and guidelines for • Plant layout on a topographic map • Summary of existing observations for modeling methodology: covering a 1km radius of the source with latest five years (including any additional • Follow guidance documents information sufficient to determine GEP stack quality assured measured data which can be ¥> Appendix W to 40 CFR Part 51 heights obtained from any state or local agency or ¥> ‘‘Screening Procedures for Estimating 2. Information on urban/rural company) 4 the Air Quality Impact of Stationary Sources, characteristics: • Comparison with standards Revised’’ (EPA–450/R–92–019), 1992 • Discussion of background due to ¥> ‘‘Guideline for Determination of Good 1 The ‘‘Screening Procedures for Estimating the uninventoried sources and contributions Engineering Practice Stack Height (Technical Air Quality Impact of Stationary Sources, Revised’’, from outside the inventoried area and Support Document for the Stack Height October 1992 (EPA–450/R–92–019), should be used description of the method used for as a screening tool to determine whether modeling Regulations)’’ (EPA–450/4–80–023R), 1985 analyses are required. Screening procedures should ¥> ‘‘Ambient Monitoring Guidelines for be refined by the user to be site/problem specific. 3 Particulate emissions should be specified as a PSD’’ (EPA–450/4–87–007), 1987 2 Within 50km or distance to which source has a function of particulate diameter and density ranges. ¥> Applicable sections of 40 CFR Parts 51 significant impact, whichever is less. 4 See footnote 2 of this Appendix C. and 52. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41893

AIR QUALITY SUMMARYÐFOR NEW SOURCE ALONE

Highest Highest Highest 2d high Highest 2d high Annual

Pollutant: llllllll 1 llllllll 2 llllllll 2 Concentration due to modeled source (µg/m3). Background concentration (µg/m3) ...... Total concentration (µg/m3) ...... Receptor distance (km) (or UTM easting). Receptor direction (°) (or UTM northing). Receptor elevation (m) ...... Wind speed (m/s) ...... Wind direction (°) ...... Mixing depth (m) ...... Temperature (°K) ...... Stability ...... Day/month/year of occurrence ...... Surface air data from ...... Surface station elevation (m) ...... Anemometer height above local ground level (m). Upper air data from ...... Period of record analyzed ...... Model used ...... Recommended model ......

1 Use separate sheet for each pollutant (SO2, PM±10, CO, NOX, HC, Pb, Hg, Asbestos, etc.). 2 List all appropriate averaging periods (1-hr, 3-hr, 8-hr, 24-hr, 30-day, 90-day, etc.) for which an air quality standard exists.

AIR QUALITY SUMMARYÐFOR ALL NEW SOURCES

Highest Highest 2nd high Highest Highest 2nd high Annual

Pollutant: llllllll 1 llllllll 2 llllllll 2 Concentration due to modeled source (µg/m3). Background concentration (µg/m3) ...... Total concentration (µg/m3) ...... Receptor distance (km) (or UTM easting). Receptor direction (°) (or UTM northing). Receptor elevation (m) ...... Wind speed (m/s) ...... Wind direction (°) ...... Mixing depth (m) ...... Temperature (°K) ...... Stability ...... Day/month/year of occurrence ...... Surface air data from ...... Surface station elevation (m) ...... Anemometer height above local ground level (m). Upper air data from ...... Period of record analyzed ...... Model used ...... Recommended model ......

1 Use separate sheet for each pollutant (SO2, PM±10, CO, NOx, HC, Pb, Hg, Asbestos, etc.). 2 List all appropriate averaging periods (l-hr, 3-hr, 8-hr, 24-hr, 30-day, 90-day, etc.) for which an air quality standard exists.

AIR QUALITY SUMMARYÐFOR ALL SOURCES

Highest Highest 2nd high Highest Highest 2nd high Annual

Pollutant:llllllll1 llllllll2 llllllll2 Concentration due to modeled source ...... (µg/m3). Background concentration (µg/m3) ...... Total concentration (µg/m3) ...... 41894 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

AIR QUALITY SUMMARYÐFOR ALL SOURCESÐContinued

Highest Highest 2nd high Highest Highest 2nd high Annual

Receptor distance (km) (or UTM ...... easting). Receptor direction (°) (or UTM ...... northing). Receptor elevation (m) ...... Wind speed (m/s) ...... Wind direction (°) ...... Mixing depth (m) ...... Temperature (°K) ...... Stability ...... Day/month/year of occurrence ...... Surface air data from ...... Surface station elevation (m) ...... Anemometer height above local ...... ground level (m). Upper air data from ...... Period of record analyzed ...... Model used ...... Recommended model ......

1 Use separate sheet for each pollutant (SO2, PM±10, CO, NOX, HC, Pb, Hg, Asbestos, etc.) 2 List all appropriate averaging periods (1-hr, 3-hr, 8-hr, 24-hr, 30-day, 90-day, etc.) for which an air quality standard exists.

STACK PARAMETERS FOR ANNUAL MODELING

Emis- Stack Stack Stack Stack Building dimensions (m) sion rate exit di- exit ve- exit tem- Physical Stack GEP base Stack No. Serving for each ameter locity perature height (m) stack ht. ele- pollutant ° (m) vation Height Width Length (g/s) (m) (m/s) ( K) (m)

STACK PARAMETERS FOR SHORT-TERM MODELING 1

Emis- Stack Stack Stack Stack Building dimensions (m) sion rate exit di- exit ve- exit tem- Physical Stack GEP base Stack No. Serving for each ameter locity perature height (m) stack ht. ele- pollutant ° (m) vation Height Width Length (g/s) (m) (m/s) ( K) (m)

1 Separate tables for 50%, 75%, 100% of full operating condition (and any other operating conditions as determined by screening or detailed modeling analyses to represent constraining operating conditions) should be provided.

PART 52ÐAPPROVAL AND § 52.21 Prevention of significant (2) Where an air quality model PROMULGATION OF deterioration of air quality. specified in appendix W of part 51 of IMPLEMENTATION PLANS * * * * * this chapter (Guideline on Air Quality (l) * * * Models) is inappropriate, the model 1. The authority citation for Part 52 (1) All estimates of ambient may be modified or another model continues to read as follows: concentrations required under this substituted. * ** Authority: 42 U.S.C. 7401–7671q. paragraph shall be based on applicable air quality models, data bases, and other * * * * * 2. § 52.21 is amended by revising requirements specified in appendix W [FR Doc. 96–17031 Filed 8–9–96; 8:45 am] paragraph (l)(1) and the first sentence of of part 51 of this chapter (Guideline on BILLING CODE 6560±50±P paragraph (l)(2) to read as follows: Air Quality Models). federal register August 12,1996 Monday 1996; Notice National SignificanceforFiscalYear Financial AssistanceforProjectsof Developmental Disabilities:Availabilityof Administration forChildrenandFamilies Services Health andHuman Department of Part III 41895 41896 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

DEPARTMENT OF HEALTH AND before the deadline date, between the individuals, including people with HUMAN SERVICES hours of 8:00 a.m. and 4:30 p.m., at the developmental disabilities, to live U.S. Department of Health and Human productive and independent lives Administration for Children and Services, Administration for Children integrated into their communities. The Families and Families, Division of Discretionary Projects of National Significance Grants, ACF Mailroom, 2nd Floor Program is one means through which [Program Announcement No. 93631±96±03] Loading Dock, Aerospace Center, 901 D ADD promotes the achievement of these Developmental Disabilities: Availability Street, S.W., Washington, D.C. 20024, goals. between Monday and Friday (excluding of Financial Assistance for Projects of B. Purpose of the Administration on weekends and Federal holidays). Any National Significance for Fiscal Year Developmental Disabilities 1996 applications received after 4:30 p.m. on the deadline date will not be considered The Administration on AGENCY: Administration on for competition. Applicants using Developmental Disabilities (ADD) is the Developmental Disabilities (ADD), express/overnight services should allow lead agency within ACF and DHHS Administration for Children and two working days prior to the deadline responsible for planning and Families (ACF). date for receipt of applications. administering programs which promote ACTION: Announcement of availability of (Applicants are cautioned that express/ the self-sufficiency and protect the financial assistance for Projects of overnight mail services do not always rights of persons with developmental National Significance for fiscal year deliver as agreed.) disabilities. 1996. FOR FURTHER INFORMATION CONTACT: The Developmental Disabilities Adele Gorelick, Program Development Assistance and Bill of Rights Act (42 SUMMARY: The Administration on Division, Administration on U.S.C. 6000, et seq.) (the Act) supports Developmental Disabilities, Developmental Disabilities, (202) 690– and provides assistance to States and Administration for Children and 5982. public and private nonprofit agencies Families, announces that applications and organizations to assure that are being accepted for funding of Fiscal SUPPLEMENTARY INFORMATION: individuals with developmental Year 1996 Projects of National Part I. General Information disabilities and their families participate Significance. in the design of and have access to This program announcement consists A. Goals of the Administration on culturally competent services, supports, of five parts. Part I, the Introduction, Developmental Disabilities and other assistance and opportunities discusses the goals and objectives of The Administration on that promote independence, ACF and ADD. Part II provides the Developmental Disabilities (ADD) is productivity, integration and inclusion necessary background information on located within the Administration for into the community. ADD for applicants. Part III describes Children and Families (ACF), In the Act, Congress expressly found the review process. Part IV describes the Department of Health and Human that: priority under which ADD solicits Services (DHHS). Although different • Disability is a natural part of the applications for Fiscal Year 1996 from the other ACF program human experience that does not funding of projects. Part V describes in administrations in the specific diminish the right of individuals with detail how to prepare and submit an populations it serves, ADD shares a developmental disabilities to enjoy the application. All of the forms and common set of goals that promote the opportunity for independence, instructions necessary to submit an economic and social well-being of productivity, integration and inclusion application are published as part of this families, children, individuals and into the community; • announcement following Part V. communities. Through national Individuals whose disabilities occur No separate application kit is either leadership, ACF and ADD envision: during their developmental period necessary or available for submitting an • Families and individuals frequently have severe disabilities that empowered to increase their own are likely to continue indefinitely; application. If you have a copy of this • announcement, you have all the economic independence and Individuals with developmental information and forms required to productivity; disabilities often require lifelong submit an application. • Strong, healthy, supportive specialized services and assistance, Grants will be awarded under this communities having a positive impact provided in a coordinated and program announcement subject to the on the quality of life and the culturally competent manner by many availability of funds for support of these development of children; agencies, professionals, advocates, • activities. Partnerships with individuals, community representatives, and others front-line service providers, to eliminate barriers and to meet the DATE: The closing date for submittal of communities, States and Congress that needs of such individuals and their applications under this announcement enable solutions which transcend families; is September 11, 1996. traditional agency boundaries; The Act further established as the ADDRESSES: Applications should be • Services planned and integrated to policy of the United States: mailed to: Department of Health and improve client access; • Individuals with developmental Human Services, ACF/Division of • A strong commitment to working disabilities, including those with the Discretionary Grants, Sixth Floor, 370 with Native Americans, persons with most severe developmental disabilities, L’Enfant Promenade SW, Washington, developmental disabilities, refugees and are capable of achieving independence, DC 20447, Attn: 93.631 ADD—Projects migrants to address their needs, productivity, integration and inclusion of National Significance. strengths and abilities; and into the community, and often require Applications handcarried by • A community-based approach that the provision of services, supports and applicants, applicant couriers, or by recognizes and expands on the other assistance to achieve such; overnight/express mail couriers shall be resources and benefits of diversity. • Individuals with developmental considered as meeting an announced Emphasis on these goals and progress disabilities have competencies, deadline if they are received on or toward them will help more capabilities and personal goals that Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41897 should be recognized, supported, and • Data collection and analysis; • Private agencies, including encouraged, and any assistance to such • Technical assistance to enhance the national, State, and local nonprofit individuals should be provided in an quality of State developmental organizations; individualized manner, consistent with disabilities councils, protection and • Government agencies, including the unique strengths, resources, advocacy systems, and university Federal, State, county, and local priorities, concerns, abilities, and affiliated programs; and government agencies; capabilities of the individual; • • Private individuals; and Other projects of sufficient size and • • Individuals with developmental scope that hold promise to expand or Foundations. disabilities and their families are the improve opportunities for people with Comments ranged from requests for primary decision makers regarding the developmental disabilities, including: copies of the final application solicitation, to general support, to services and supports such individuals —Technical assistance for the substantive, insightful responses for this and their families receive; and play development of information and referral year’s proposed funding priority and decision making roles in policies and systems; recommendations for other priority programs that affect the lives of such —Educating policy makers; individuals and their families; and areas. The vast majority supported and —Federal interagency initiatives; expanded upon what we proposed in • It is in the nation’s interest for —The enhancement of participation people with developmental disabilities the announcement, in addition to of minority and ethnic groups in public relating specifically to the program goals to be employed, and to live and private sector initiatives in conventional and independent lives as a and priorities of the particular agencies developmental disabilities; submitting the comments. part of families and communities. —Transition of youth with The comments helped highlight the Toward these ends, ADD seeks to developmental disabilities from school concerns of the developmental enhance the capabilities of families in to adult life; and disabilities field and have been used in assisting people with developmental —Special pilots and evaluation refining the final priority area. disabilities to achieve their maximum studies to explore the expansion of Comment: Twenty-two letters potential to support the increasing programs under part B (State recommended additional funding ability of people with developmental developmental disabilities councils) to priorities for FY 1996. Suggestions disabilities to exercise greater choice individuals with severe disabilities included projects addressing: the need and self-determination; to engage in other than developmental disabilities. for best practices in service delivery as leadership activities in their related to direct care/supports and the communities; as well as to ensure the B. Comments on FY 1996 Proposed Priority Areas development of curriculum; inclusion protection of their legal and human activities in the adult population that rights. The notice soliciting comments on the empower adults and family members; The four programs funded under the FY 1996 proposed priority areas was information on the impact of creative Act are: published in the Federal Register on arts experiences on children and adults • Federal assistance to State April 12, 1996 (60 FR 2760). A 60-day with developmental disabilities; developmental disabilities councils; period was required to allow the public effective models of community-based • State system for the protection and to comment on the proposed areas. After support or community building; data advocacy of individual rights; review and analysis of these comments, collection and analysis on the • Grants to University Affiliated ADD is publishing its final priority in employment and economic status of Programs for interdisciplinary training, this announcement. adults with mental retardation who exemplary services, technical The public comment notice requested participate in sheltered workshop assistance, and information specific comments and suggestions on programs; providing on-going support dissemination; and the proposed funding priority and services to individuals who don’t need • Grants for Projects of National recommendations for additional priority intensive services; the use of personal Significance. areas to help bring about the increased futures planning with youths with C. Statutory Authorities Covered Under independence, productivity, and developmental disabilities in juvenile This Announcement integration into the community of institutions; exploring inclusion within people with developmental disabilities. generic community development; The Developmental Disabilities ADD received 105 letters by the support to the rehabilitation, training, Assistance and Bill of Rights Act of closing date in response to the public and service delivery networks which 1994, 42 U.S.C. 6000, et seq. The comment notice. Commentary was from serve children at-risk and with special Projects of National Significance is Part the following sources: needs; exploring the applicability of the E of the Developmental Disabilities • Advocacy agencies, including Baldridge principles to Developmental Assistance and Bill of Rights Act of national organizations and associations, Disabilities Councils; developing a 1994, 42 U.S.C. 6081, et seq. national advocacy groups and State/ system to identify clinical guidelines/ Part II. Background Information For local advocacy groups; pathways/protocols appropriate to the Applicants • Service organizations, including long-term health needs of persons with agencies that provide services for disabilities who receive medicaid A. Description of Projects of National individuals with developmental managed care services; collecting Significance disabilities as well as providing consumer input on major topics through Under Part E of the Act, grants and advocacy services on behalf of a electronic town meetings; contracts are awarded for projects of particular disability, including interdisciplinary training and national significance that support the developmental disabilities councils; coordination of medical and educational development of national and State • Educational systems, including professionals to promote early and policy to enhance the independence, schools, colleges, and universities, accurate diagnosis and treatment of productivity, and integration and programs located within a university individuals with learning disabilities; inclusion of individuals with setting and University Affiliated consumers and families having access to developmental disabilities through: Programs; information on services and programs at 41898 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices the local, state, and federal levels; Comment: ADD received 83 Response: ADD was very pleased to studying the characteristics of comments on the Proposed Priority receive such positive comments about successful systems change activities; Area, Ongoing Data Collection and its three data collection projects. At this studies on rare disorders and orphan Information Dissemination. There was time when we are moving toward diseases; and pilot testing and further strong support for the data collection outcome measurements that indicate development of outcome measures projects; especially the National Study impact and quality we can look toward model for ADD’s component programs. of Public Spending. Many letters cited the work of these projects as examples. Response: Inclusion and integration of the usefulness of the data in comparing Yet we know we must continue striving individuals with developmental progress with other States; as a to improve the lives of persons with disabilities is a key element in the benchmark for measuring effectiveness; developmental disabilities and their mission and purpose of ADD. ADD in preparing legislative budget requests; families; your suggestions have given funding priorities have always required and in analyzing trends and project ADD ideas for doing so. projects to be implemented in an future needs and service costs. One Because the Internet has enormous inclusive manner and inclusiveness is a commenter noted, ‘‘The current projects potential for accessing and sharing thread that runs through all facets of funded under this priority area are information, we would expect these ADD. essential to policy makers, state projects, along with newly funded PNS The comments on the need for planning agencies, advocates, initiatives, to explore this and other continued efforts to promote and educational institutions and service forms of effective, accessible, and achieve inclusiveness whether in providers.’’ Others stated that the affordable communication and technical building bridges with generic information isn’t available from any assistance to those who may have an community resources, assisting those to other source, no one State or interest. organization has the capability to collect return to their communities after Part III. The Review Process incarceration, or exploring total quality and assess such data, and it’s vital for management principles to improve our developing of both State and national A. Eligible Applicants programs and services represent the policy. A common concern expressed by Before applications are reviewed, gauges/measures that indicate directions many was that the current effort to each will be screened to determine that for change. Our commitment to curtail spending makes it more critical the applicant is eligible for funding as inclusiveness is reflected in ADD’s to keep track of where money is going specified under the selected priority existing PNS projects in child care, and how it’s being used. Another area. Applications from organizations criminal justice, first jobs and others. reported that the ‘‘Data is particularly which do not meet the eligibility Managed care is an emerging trend important as we try to address cultural requirements for the priority area will that is rapidly becoming the major competence and service equity within not be considered or reviewed in the means to secure health care services for our state.’’ competition, and the applicant will be low-income, publicly assisted The need to develop employment so informed. individuals. ADD is very much aware of models involving trends and analyses Only public or non-profit private the issues and problems encountered by that accurately predict employment entities, not individuals, are eligible to people with developmental disabilities outcomes of persons with apply under any of the priority areas. and their families. We share the developmental disabilities was a All applications developed jointly by concerns of many people in the field of suggested addition to the employment more than one agency or organization developmental disabilities and will data study. Systemic factors that both must identify only one organization as explore ways for ADD to play a role in impede and motivate organizations and the lead organization and official assisting States and others to ensure that agencies to restructure in order to applicant. The other participating managed care plans are equitable and provide integrated employment should agencies and organizations can be appropriate for all. be studied. included as co-participants, subgrantees There were a few inquiries about the Dissemination is a critical piece of or subcontractors. technical assistance projects for the these data collection projects and the Nonprofit organizations must submit three developmental disabilities importance of making this information proof of nonprofit status in their programs not being included in this available and accessible to a broader applications at the time of submission. announcement. These contracts are not community via the internet or by some One means of accomplishing this is by expiring this year; thus they do not need other means was suggested as a focus for providing a copy of the applicant’s to be competed. these projects. New data bases were listing in the Internal Revenue Service’s ADD appreciates the suggestions for suggested; one that would study the use most recent list of tax-exempt additional priority areas. It is a valuable by young families of generic community organizations described in section 501 process that allows ADD to gain insight resources versus the existing special (c)(3) of the IRS code or by providing a into the strengths and weaknesses of delivery system; another on the copy of the currently valid IRS tax programs and services at the community outcomes experienced by individuals exemption certificate, or by providing a level, and identify avenues to explore with disabilities who receive publicly copy of the articles of incorporation for improvement. These comments are a funded residential services; and a third bearing the seal of the State in which reminder that the goals of that would examine the impact of the corporation or association is independence, integration, productivity, managed care and changes in Federal- domiciled. and integration of individuals with State partnerships. The ADD cannot fund a nonprofit developmental disabilities have not comprehensiveness and comparability applicant without acceptable proof of its been fulfilled and that we must be of the data bases to capture such nonprofit status. vigilant in their pursuit. We hope that information as the environments where the next fiscal year will allow us to offer people receive services and how much B. Review Process and Funding an array of project possibilities and at is spent per person served and how one Decisions that time your suggestions for new State compares with other States was Timely applications from eligible priority areas will be most helpful. expressed as a needed change. applicants received by the deadline date Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41899 will be reviewed and scored Reviewers will determine the evaluate the results and successes of the competitively. Experts in the field, strengths and weaknesses of each project. The extent to which the generally persons from outside of the application in terms of the evaluation application describes the evaluation Federal government, will use the criteria, provide comments, and assign methodology that will be used to appropriate evaluation criteria listed numerical scores. The point value determine if the needs identified and later in this Part to review and score the following each criterion heading discussed are being met and if the applications. The results of this review indicates the maximum numerical results and benefits identified are being are a primary factor in making funding weight that each section may be given achieved. The application also lists each decisions. in the review process. organization, agency, consultant, or ADD reserves the option of discussing All applications will be evaluated other key individuals or groups who applications with, or referring them to, against the following criteria: will work on the project, along with a other Federal or non-Federal funding 1. Objectives and Need for Assistance description of the activities and nature sources when this is determined to be (20 points) of their effort or contribution. in the best interest of the Federal The extent to which the application 4. Staff Background and Organization’s government or the applicant. It may also Experience (25 points) solicit comments from ADD Regional pinpoints any relevant physical, Office staff, other Federal agencies, economic, social, financial, institutional The application identifies the interested foundations, national or other problems requiring a solution; background of the project director/ organizations, specialists, experts, States demonstrates the need for the principal investigator and key project and the general public. These assistance; states the principal and staff (including name, address, training, comments, along with those of the subordinate objectives of the project; educational background and other expert reviewers, will be considered by provides supporting documentation or qualifying experience) and the ADD in making funding decisions. other testimonies from concerned experience of the organization to interests other than the applicant; and In making decisions on awards, ADD demonstrate the applicant’s ability to includes and/or footnotes relevant data will consider whether applications effectively and efficiently administer based on the results of planning studies. focus on or feature: services to this project. The application describes The application must identify the culturally diverse or ethnic populations the relationship between this project precise location of the project and area among others; a substantially innovative and other work planned, anticipated or to be served by the proposed project. strategy with the potential to improve under way by the applicant which is Maps and other graphic aids should be theory or practice in the field of human being supported by Federal assistance. attached. services; a model practice or set of D. Structure of Priority Area procedures that holds the potential for 2. Results or Benefits Expected (20 Descriptions replication by organizations points) The priority area description is administering or delivering of human The extent to which the application composed of the following sections: services; substantial involvement of identifies the results and benefits to be • Eligible Applicants: This section volunteers; substantial involvement derived, the extent to which they are specifies the type of organization which (either financial or programmatic) of the consistent with the objectives of the is eligible to apply under the particular private sector; a favorable balance application, and the extent to which the priority area. Specific restrictions are between Federal and non-Federal funds application indicates the anticipated also noted, where applicable. available for the proposed project; the contributions to policy, practice, theory • Purpose: This section presents the potential for high benefit for low and/or research. The extent to which the basic focus and/or broad goal(s) of the Federal investment; a programmatic proposed project costs are reasonable in priority area. focus on those most in need; and/or view of the expected results. • Background Information: This substantial involvement in the proposed section briefly discusses the legislative project by national or community 3. Approach (35 points) background as well as the current state- foundations. The extent to which the application of-the-art and/or current state-of- To the greatest extent possible, efforts outlines a sound and workable plan of practice that supports the need for the will be made to ensure that funding action pertaining to the scope of the particular priority area activity. decisions reflect an equitable project, and details how the proposed Relevant information on projects distribution of assistance among the work will be accomplished; cites factors previously funded by ACF and/or other States and geographical regions of the which might accelerate or decelerate the State models are noted, where country, rural and urban areas, and work, giving acceptable reasons for applicable. ethnic populations. In making these taking this approach as opposed to • Minimum Requirements for Project decisions, ADD may also take into others; describes and supports any Design: This section presents the basic account the need to avoid unnecessary unusual features of the project, such as set of issues that must be addressed in duplication of effort. design or technological innovations, the application. Typically, they relate to reductions in cost or time, or project design, evaluation, and C. Evaluation Criteria extraordinary social and community community involvement. This section Using the evaluation criteria below, a involvements; and provides for also asks for specific information on the panel of at least three reviewers projections of the accomplishments to proposed project. Inclusion and (primarily experts from outside the be achieved. Activities to be carried out discussion of these items is important Federal government) will review the should be listed in chronological order, since they will be used by the reviewers applications. To facilitate this review, showing a reasonable schedule of to evaluate the applications against the applicants should ensure that they accomplishments and target dates. evaluation criteria. Project products, address each minimum requirement in The extent to which, when applicable, continuation of the project after Federal the priority area description under the the application identifies the kinds of support ceases, and dissemination/ appropriate section of the Program data to be collected and maintained, and utilization activities, if appropriate, are Narrative Statement. discusses the criteria to be used to also addressed. 41900 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

• Project Duration: This section period, but within the approved project H. Closed Captioning for Audiovisual specifies the maximum allowable length period, is subject to the availability of Efforts of the project period; it refers to the funds, satisfactory progress of the Applicants are encouraged to include amount of time for which Federal grantee and a determination that ‘‘closed captioning’’ in the development funding is available. continued funding would be in the best of any audiovisual products. • Federal Share of Project Costs: This interest of the Government. section specifies the maximum amount Part IV. Fiscal Year 1996 Priority Area of Federal support for the project. F. Grantee Share of Project Costs for Projects of National Significance— • Matching Requirement: This section Description and Requirements Grantees must provide at least 25% of specifies the minimum non-Federal The following section presents the contribution, either cash or in-kind the total approved cost of the project. The total approved cost of the project is final priority area for Fiscal Year 1996 match, required. Projects of National Significance (PNS) • Anticipated Number of Projects To the sum of the ACF share and the non- Federal share. The non-Federal share and solicits the appropriate Be Funded: This section specifies the applications. number of projects ADD anticipates may be met by cash or in-kind funding under the priority area. contributions, although applicants are Fiscal Year 1996 Priority Area: Ongoing • CFDA: This section identifies the encouraged to meet their match Data Collection and Information Catalog of Federal Domestic Assistance requirements through cash Dissemination (CFDA) number and title of the program contributions. Therefore, a project • Eligible Applicants: State agencies, under which applications in this requesting $100,000 in Federal funds public or private nonprofit priority area will be funded. This (based on an award of $100,000 per organizations, institutions or agencies. information is needed to complete item budget period) must include a match of • Purpose: Under this priority area, 10 on the SF 424. at least $33,333 (25% total project cost). ADD will award grant funds through a Please note that applications that do Applications originating from cooperative agreement which will not comply with the specific priority American Samoa, Guam, the Virgin collect data on public expenditures, area requirements in the section on Islands, and the Commonwealth of the employment and economic status, ‘‘Eligible Applicants’’ will not be Northern Mariana Islands are exempted residential services, and other factors as reviewed. from the grantee cost-sharing they impact the independence, Applicants must clearly identify the requirements. Applications from these productivity, integration and inclusion specific priority area under which they jurisdictions are covered under Section into the community of persons with wish to have their applications 501(d) of Public Law 95–134, which developmental disabilities. ADD is considered, and tailor their applications requires that the Department waive ‘‘any particularly interested in the maximum accordingly. Experience has shown that use of existing data bases and in an application which is broader and requirement for local matching funds for grants under $200,000.’’ fostering the broadest dissemination to, more general in concept than outlined and use of, the data by consumers, in the priority area description is less The applicant contribution must families and advocacy audiences. likely to score as well as an application generally be secured from non-Federal Examples of successful projects that more clearly focused on, and directly sources. Except as provided by Federal ADD has funded include: responsive to, the concerns of that statute, a cost-sharing or matching University of Minnesota: National specific priority area. requirement may not be met by costs Recurring Data Set Project on borne by another Federal grant. E. Available Funds Residential Services—Ongoing National However, funds from some Federal and State-by-State Data Collection and ADD intends to award new grants programs benefitting Tribes and Native Policy/Impact Analysis on Residential resulting from this announcement American organizations have been used Services for Persons with during the fourth quarter of fiscal year to provide valid sources of matching Developmental Disabilities (Charles 1996, subject to the availability of funds. If this is the case for a Tribe or Lakin: 612/624–2097) funding. The size of the awards will Native American organization University of Illinois at Chicago: vary. Each priority area description submitting an application to ADD, that Fourth National Study of Public Mental includes information on the maximum organization should identify the Retardation/Developmental Disabilities Federal share of the project costs and programs which will be providing the Spending (David Braddock: 312/413– the anticipated number of projects to be funds for the match in its application. 1647) funded. If the application successfully competes Boston Children’s Hospital: Ongoing The term ‘‘budget period’’ refers to the for PNS grant funds, ADD will National Collection on Data and interval of time (usually 12 months) into determine whether there is statutory Employment Services for Citizens with which a multi-year period of assistance authority for this use of the funds. The Developmental Disabilities (Bill (project period) is divided for budgetary Administration for Native Americans Kiernan: 617/735–6506) and funding purposes. The term and the DHHS Office of General Counsel Examples of projects include ‘‘project period’’ refers to the total time will assist ADD in making this activities which would: a project is approved for support, • determination. Identify, collect and disseminate including any extensions. new data bases. Where appropriate, applicants may G. Cooperation in Evaluation Efforts • Modify, expand and/or reformulate propose shorter project periods than the existing data bases. maximums specified in the various Grantees funded by ADD may be • Connect, integrate or analyze priority areas. Non-Federal share requested to cooperate in evaluation available data bases. contributions may exceed the efforts funded by ADD. The purpose of • Project and model the cost-benefit minimums specified in the various these evaluation activities is to learn impact of alternative future decisions priority areas. from the combined experience of based on the analysis of discrete For multi-year projects, continued multiple projects funded under a programmatic options in the areas of Federal funding beyond the first budget particular priority area. residential services and employment. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41901

• Allow for the comprehensiveness the research design, and what new developing and implementing the and comparability of data bases. knowledge will be gained through the activities of the project. ADD will jointly • Minimum Requirements for Project proposed project. participate with awardees in such Design: Given its interest in promoting All projects shall provide for the activities as: clarifying the specific issue the increased independence, widespread distribution of their areas to be addressed through periodic productivity, integration and inclusion products (reports, summary documents, briefings and ongoing consultation; of people with developmental audio-visual materials, and the like) in sharing with awardees its knowledge of disabilities in a cost-beneficial manner, accessible formats to a national the issues addressed by past and current ADD is open to applications that audience consisting of, at a minimum, projects; and providing feedback to address additional quantitative and people with developmental disabilities awardees about the usefulness to the qualitative analysis in the following and their families, advocacy groups, field of written products and areas: State Developmental Disabilities information sharing activities. Details of • Trends in the movement of people Councils, Protection and Advocacy the relationship between ADD and with developmental disabilities from Systems, University Affiliated Programs, awardees will be set forth in the institutional to community settings State Mental Retardation/ cooperative agreement to be developed (especially domiciles of their own) and Developmental Disabilities Directors, and signed prior to issuance of the the outcomes experienced by State Governor’s Offices, Federal award. individuals with disabilities who agencies represented on the Interagency • Project Duration: This receive publicly funded residential Committee on Developmental announcement solicits applications for services. Disabilities, as well as the Secretaries of • project periods up to three years. The impact of managed care plans Health and Human Services and Awards, on a competitive basis, will be on the delivery and efficacy of Education at the federal level. for a one-year budget period, although residential and support services to Applications should also include project periods may be for three years. individuals with developmental provisions for the travel of two key Applications for continuation grants disabilities, and on the relationship personnel during the first and last years funded under this priority area beyond between Federal and State governments. of the project to Washington, DC for a • the one-year budget period, but within The efficacy of various approaches one-day meeting with ADD staff. the three year project period, will be to the full inclusion of people with The application must also respond to entertained in subsequent years on a developmental disabilities in local the following: • non-competitive basis, subject to the community activities where the majority Describe the physical setting, the availability of funds, satisfactory of participants do not have a disability. administrative and organizational progress of the grantee and • The employment status of people structure within which the program will determination that continued funding with developmental disabilities on a function, and internal and external would be in the best interest of the state and national basis. organizational relationships relevant to Government. • Employment models that accurately this project. Include charts outlining • Federal Share of Project Costs: The predict employment outcomes of these relationships, and any formal maximum Federal share is not to exceed persons with developmental disabilities, agreements defining them in the $200,000 for the first 12-month budget and the systemic factors that lead to appendices. integrated employment. • Describe staff, space, equipment, period or a maximum of $600,000 for a • The use of generic community 3-year project period. research facilities, and other supports • resources versus the existing special available to carry out the project. Matching Requirement: The delivery system by people with • Describe briefly how the additional minimum non-Federal matching developmental disabilities and their resources sought to accomplish the requirement in proportion to the families. purposes of this effort will be integrated maximum Federal share of $600,000 is Any sampling techniques used as part into, and augmented by, other resources $200,000 for a 3-year project period. of this analysis should be broadly available to, or accessible by, the This constitutes 25 percent of the total representative of persons with applicant. project budget. developmental disabilities of • Develop and implement an • Anticipated Number of Projects to employment age on a national basis, evaluation process to ensure that be Funded: It is anticipated that at least including people with severe systematic, objective information is three data collection projects will be disabilities. Quantitative data should available about the utilization and funded. provide statistical information on effectiveness of the products of this • CFDA: ADD’s CFDA (Code of current placement patterns and their project. Specific outcomes must be built Federal Domestic Assistance) number is cost as well as projections regarding into the project for evaluation. The 93.631—Developmental Disabilities— future placement options and associated evaluation should be performed by an Projects of National Significance. This costs. It is also recognized that certain independent evaluator. information is needed to complete item areas may be more appropriate for As noted earlier, the award will be 10 on the SF 424. qualitative analysis, although a made as a cooperative agreement. While Part V. Instructions for the summary of any quantitative data (if an organization receiving an award will Development and Submission of available) should be included in the not be conducting its project on behalf Applications proposal. of ADD, ADD and the awardee will All projects funded under this priority work cooperatively in developing and This Part contains information and area must provide evidence of the implementing the project’s agenda as instructions for submitting applications soundness of their proposed research described below. in response to this announcement. methods and analytic techniques. In Under the cooperative agreement Application forms are provided along addition, proposals should clearly mechanism, ADD and the awardees will with a checklist for assembling an delineate (via a comprehensive share responsibility for planning the application package. Please copy and literature review) existing data sets, how objectives of the projects. Awardees will use these forms in submitting an these data sets will be incorporated into have the primary responsibility for application. 41902 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Potential applicants should read this clearly differentiate between mere ACF cannot accommodate section carefully in conjunction with advisory comments and those official transmission of applications by fax or the information contained within the State process recommendations which through other electronic media. specific priority area under which the may trigger the ‘‘accommodate or Therefore, applications transmitted to application is to be submitted. The explain’’ rule. ACF electronically will not be accepted priority area descriptions are in Part IV. When comments are submitted regardless of date or time of submission directly to ACF, they should be A. Required Notification of the State and time of receipt. addressed to: Department of Health and Late applications: Applications which Single Point of Contact Human Services, Administration for do not meet the criterion stated above All applications under the ADD Children and Families, Division of are considered late applications. ACF/ priority areas are required to follow the Discretionary Grants, Sixth Floor, 370 ADD shall notify each late applicant Executive Order (E.O.) 12372 process, L’Enfant Promenade, SW, Washington, that its application will not be ‘‘Intergovernmental Review of Federal DC 20447, Attn: 93.631 ADD—Projects considered in the current competition. Programs,’’ and 45 CFR Part 100, of National Significance. Extension of deadlines: ACF may ‘‘Intergovernmental Review of Contact information for each State’s extend the deadline for all applicants Department of Health and Human SPOC is found at the end of this Part. because of acts of God such as floods, Services Program and Activities.’’ Under B. Notification of State Developmental hurricanes, etc., or when there is a the Order, States may design their own Disabilities Planning Councils widespread disruption of the mails. processes for reviewing and However, if ACF does not extend the commenting on proposed Federal A copy of the application must also be deadline for all applicants, it may not assistance under covered programs. submitted for review and comment to waive or extend the deadline for any All States and territories, except the State Developmental Disabilities applicants. Alaska, Colorado, Connecticut, Hawaii, Council in each State in which the Idaho, Kansas, Louisiana, applicant’s project will be conducted. A D. Instructions for Preparing the Massachusetts, Minnesota, Montana, list of the State Developmental Application and Completing Nebraska, Oklahoma, Oregon, Disabilities Councils is included at the Application Forms Pennsylvania, South Dakota, Tennessee, end of this announcement. The SF 424, SF 424A, SF 424A, Page Virginia, Washington, American Samoa C. Deadline for Submittal of 2 and Certifications have been reprinted and Palau, have elected to participate in Applications for your convenience in preparing the the Executive Order process and have application. You should reproduce Deadline: Mailed applications shall be established a State Single Point of single-sided copies of these forms from considered as meeting an announced Contact (SPOC). Applicants from these the reprinted forms in the deadline if they are received on or 19 jurisdictions need take no action announcement, typing your information before the deadline time and date at the regarding E.O. 12372. Applications for onto the copies. Please do not use forms U.S. Department of Health and Human projects to be administered by directly from the Federal Register Services, Administration for Children Federally-recognized Indian Tribes are announcement, as they are printed on and Families, Division of Discretionary also exempt from the requirements of both sides of the page. Grants, 370 L’Enfant Promenade, S.W., E.O. 12372. Otherwise, applicants Please prepare your application in Mail Stop 6C–462, Washington, D.C. should contact their SPOCs as soon as accordance with the following 20447, Attention: Application for [insert possible to alert them of the prospective instructions: applications and receive any necessary Program Name]. Applicants are instructions. responsible for mailing applications 1. SF 424 Page 1, Application Cover Applicants must submit all required well in advance, when using all mail Sheet materials to the SPOC as soon as services, to ensure that the applications Please read the following instructions possible so that the program office can are received on or before the deadline before completing the application cover obtain and review SPOC comments as time and date. Applications handcarried sheet. An explanation of each item is part of the award process. It is by applicants, applicant couriers, or by included. Complete only the items imperative that the applicant submit all overnight/express mail couriers shall be specified. required materials and indicate the date considered as meeting an announced Top of Page. Enter the single priority of this submittal (or date SPOC was deadline if they are received on or area number under which the contacted, if no submittal is required) before the deadline date, between the application is being submitted. An on the SF 424, item 16a. hours of 8:00 a.m. and 4:30 p.m., at the application should be submitted under Under 45 CFR 100.8(a), a SPOC has 60 U.S. Department of Health and Human only one priority area. days from the application due date to Services, Administration for Children Item 1. ‘‘Type of Submission’’— comment on proposed new or and Families, Division of Discretionary Preprinted on the form. competing continuation awards. Grants, ACF Mailroom, 2nd Floor Item 2. ‘‘Date Submitted’’ and However, there is insufficient time to Loading Dock, Aerospace Center, 901 D ‘‘Applicant Identifier’’ —Date allow for a complete SPOC comment Street, S.W., Washington, D.C. 20024, application is submitted to ACF and period. Therefore under 45 CFR between Monday and Friday (excluding applicant’s own internal control 100.8(a), we have reduced the comment weekends and Federal holidays). Any number, if applicable. period to 45 days from the closing date applications received after 4:30 p.m. on Item 3. ‘‘Date Received By State’’— for applications. These comments are the deadline date will not be considered State use only (if applicable). reviewed as part of the award process. for competition. Applicants using Item 4. ‘‘Date Received by Federal Failure to notify the SPOC can result in express/overnight services should allow Agency’’—Leave blank. delays in awarding grants. two working days prior to the deadline Item 5. ‘‘Applicant Information’’. SPOCs are encouraged to eliminate date for receipt of applications. ‘‘Legal Name’’—Enter the legal name the submission of routine endorsements (Applicants are cautioned that express/ of applicant organization. For as official recommendations. overnight mail services do not always applications developed jointly, enter the Additionally, SPOCs are requested to deliver as agreed.) name of the lead organization only. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41903

There must be a single applicant for and the number of the Congressional correct. The document has been duly each application. district(s) where the project will be authorized by the governing body of the ‘‘Organizational Unit’’—Enter the located. If Statewide, a multi-State applicant and the applicant will comply name of the primary unit within the effort, or nationwide, enter ‘‘00.’’ with the attached assurances if the applicant organization which will Items 15. Estimated Funding Levels. assistance is awarded.’’—To be signed actually carry out the project activity. In completing 15a through 15f, the by the authorized representative of the Do not use the name of an individual as dollar amounts entered should reflect, applicant. A copy of the governing the applicant. If this is the same as the for a 17-month or less project period, body’s authorization for signature of this applicant organization, leave the the total amount requested. If the application by this individual as the organizational unit blank. proposed project period exceeds 17 official representative must be on file in ‘‘Address’’—Enter the complete months, enter only those dollar amounts the applicant’s office, and may be address that the organization actually needed for the first 12 months of the requested from the applicant. uses to receive mail, since this is the proposed project. Item 18a–c. ‘‘Typed Name of address to which all correspondence Item 15a. Enter the amount of Federal Authorized Representative, Title, will be sent. Do not include both street funds requested in accordance with the Telephone Number’’—Enter the name, address and P.O. box number unless preceding paragraph. This amount title and telephone number of the both must be used in mailing. should be no greater than the maximum authorized representative of the ‘‘Name and telephone number of the amount specified in the priority area applicant organization. person to be contacted on matters description. Item 18d. ‘‘Signature of Authorized involving this application (give area Items 15b–e. Enter the amount(s) of Representative’’ —Signature of the code)’’—Enter the full name (including funds from non-Federal sources that authorized representative named in Item academic degree, if applicable) and will be contributed to the proposed 18a. At least one copy of the application telephone number of a person who can project. Items b–e are considered cost- must have an original signature. Use respond to questions about the sharing or ‘‘matching funds.’’ The value colored ink (not black) so that the application. This person should be of third party in-kind contributions original signature is easily identified. accessible at the address given here and should be included on appropriate lines Item 18e. ‘‘Date Signed’’—Enter the will receive all correspondence as applicable. For more information date the application was signed by the regarding the application. regarding funding as well as exceptions authorized representative. Item 6. ‘‘Employer Identification to these rules, see Part III, Sections E 2. SF 424A—Budget Information—Non- Number (EIN)’’—Enter the employer and F, and the specific priority area Construction Programs identification number of the applicant description. organization, as assigned by the Internal Item 15f. Enter the estimated amount This is a form used by many Federal Revenue Service, including, if known, of program income, if any, expected to agencies. For this application, Sections the Central Registry System suffix. be generated from the proposed project. A, B, C, E and F are to be completed. Item 7. ‘‘Type of Applicant’’—Self- Do not add or subtract this amount from Section D does not need to be explanatory. the total project amount entered under completed. Item 8. ‘‘Type of Application’’— item 15g. Describe the nature, source Sections A and B should include the Preprinted on the form. and anticipated use of this program Federal as well as the non-Federal Item 9. ‘‘Name of Federal Agency’’— income in the Project Narrative funding for the proposed project Preprinted on the form. Statement. covering (1) the total project period of Item 10. ‘‘Catalog of Federal Domestic Item 15g. Enter the sum of items 15a– 17 months or less or (2) the first year Assistance Number and Title’’—Enter 15e. budget period, if the proposed project the Catalog of Federal Domestic Item 16a. ‘‘Is Application Subject to period exceeds 17 months. Assistance (CFDA) number assigned to Review By State Executive Order 12372 Section A—Budget Summary. This the program under which assistance is Process? Yes.’’—Enter the date the section includes a summary of the requested and its title. For all of ADD’s applicant contacted the SPOC regarding budget. On line 5, enter total Federal priority areas, the following should be this application. Select the appropriate costs in column (e) and total non- entered, ‘‘93.631—Developmental SPOC from the listing provided at the Federal costs, including third party in- Disabilities: Projects of National end of Part IV. The review of the kind contributions, but not program Significance.’’ application is at the discretion of the income, in column (f). Enter the total of Item 11. ‘‘Descriptive Title of SPOC. The SPOC will verify the date (e) and (f) in column (g). Applicant’s Project’’—Enter the project noted on the application. Section B—Budget Categories. This title. The title is generally short and is Item 16b. ‘‘Is Application Subject to budget, which includes the Federal as descriptive of the project, not the Review By State Executive Order 12372 well as non-Federal funding for the priority area title. Process? No.’’—Check the appropriate proposed project, covers (1) the total Item 12. ‘‘Areas Affected by box if the application is not covered by project period of 17 months or less or Project’’—Enter the governmental unit E.O. 12372 or if the program has not (2) the first-year budget period if the where significant and meaningful been selected by the State for review. proposed project period exceeds 17 impact could be observed. List only the Item 17. ‘‘Is the Applicant Delinquent months. It should relate to item 15g, largest unit or units affected, such as on any Federal Debt?’’—Check the total funding, on the SF 424. Under State, county, or city. If an entire unit appropriate box. This question applies column (5), enter the total requirements is affected, list it rather than subunits. to the applicant organization, not the for funds (Federal and non-Federal) by Item 13. ‘‘Proposed Project’’—Enter person who signs as the authorized object class category. the desired start date for the project and representative. Categories of debt A separate budget justification should projected completion date. include audit disallowances, loans and be included to explain fully and justify Item 14. ‘‘Congressional District of taxes. major items, as indicated below. The Applicant/Project’’—Enter the number Item 18. ‘‘To the best of my types of information to be included in of the Congressional district where the knowledge and belief, all data in this the justification are indicated under applicant’s principal office is located application/preapplication are true and each category. For multiple year 41904 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices projects, it is desirable to provide this organizations, including delegate In the case of training grants to other information for each year of the project. agencies. Also include any contracts than State or local governments (as The budget justification should with organizations for the provision of defined in title 45, Code of Federal immediately follow the second page of technical assistance. Do not include Regulations, part 74), the Federal the SF 424A. payments to individuals on this line. If reimbursement of indirect costs will be Personnel—Line 6a. Enter the total the name of the contractor, scope of limited to the lesser of the negotiated (or costs of salaries and wages of applicant/ work, and estimated total costs are not actual) indirect cost rate or 8 percent of grantee staff. Do not include the costs of available or have not been negotiated, the amount allowed for direct costs, consultants, which should be included include on Line 6h, ‘‘Other.’’ exclusive of any equipment charges, on line 6h, ‘‘Other.’’ Justification: Attach a list of rental of space, tuition and fees, post- Justification: Identify the principal contractors, indicating the names of the doctoral training allowances, investigator or project director, if organizations, the purposes of the contractual items, and alterations and known. Specify by title or name the contracts, and the estimated dollar renovations. percentage of time allocated to the amounts of the awards as part of the For training grant applications, the project, the individual annual salaries, budget justification. Whenever the entry under line 6j should be the total and the cost to the project (both Federal applicant/grantee intends to delegate indirect costs being charged to the and non-Federal) of the organization’s part or all of the program to another project. The Federal share of indirect staff who will be working on the project. agency, the applicant/grantee must costs is calculated as shown above. The Fringe Benefits—Line 6b. Enter the complete this section (Section B, Budget applicant’s share is calculated as total costs of fringe benefits, unless Categories) for each delegate agency by follows: treated as part of an approved indirect agency title, along with the supporting (a) Calculate total project indirect cost rate. information. The total cost of all such costs (a*) by applying the applicant’s Justification: Provide a break-down of agencies will be part of the amount approved indirect cost rate to the total amounts and percentages that comprise shown on Line 6f. Provide backup project (Federal and non-Federal) direct fringe benefit costs, such as health documentation identifying the name of costs. insurance, FICA, retirement insurance, contractor, purpose of contract, and (b) Calculate the Federal share of etc. major cost elements. indirect costs (b*) at 8 percent of the Travel—6c. Enter total costs of out-of- Construction—Line 6g. Not amount allowed for total project town travel (travel requiring per diem) applicable. New construction is not (Federal and non-Federal) direct costs for staff of the project. Do not enter costs allowable. exclusive of any equipment charges, for consultant’s travel or local Other—Line 6h. Enter the total of all rental of space, tuition and fees, post- transportation, which should be other costs. Where applicable, such doctoral training allowances, included on Line 6h, ‘‘Other.’’ costs may include, but are not limited contractual items, and alterations and Justification: Include the name(s) of to: insurance; medical and dental costs; renovations. traveler(s), total number of trips, noncontractual fees and travel paid (c) Subtract (b*) from (a*). The destinations, length of stay, directly to individual consultants; local remainder is what the applicant can transportation costs and subsistence transportation (all travel which does not claim as part of its matching cost allowances. Equipment—Line 6d. Enter the total require per diem is considered local contribution. costs of all equipment to be acquired by travel); space and equipment rentals; Justification: Enclose a copy of the the project. For State and local printing and publication; computer use; indirect cost rate agreement. Applicants governments, including Federally training costs, including tuition and subject to the limitation on the Federal recognized Indian Tribes, ‘‘equipment’’ stipends; training service costs, reimbursement of indirect costs for is tangible, non-expendable personal including wage payments to individuals training grants should specify this. property having a useful life of more and supportive service payments; and Total—Line 6k. Enter the total than one year and acquisition cost of staff development costs. Note that costs amounts of lines 6i and 6j. $5,000 or more per unit. identified as ‘‘miscellaneous’’ and Program Income—Line 7. Enter the Justification: Equipment to be ‘‘honoraria’’ are not allowable. estimated amount of income, if any, purchased with Federal funds must be Justification: Specify the costs expected to be generated from this justified. The equipment must be included. project. Do not add or subtract this required to conduct the project, and the Total Direct Charges—Line 6i. Enter amount from the total project amount. applicant organization or its subgrantees the total of Lines 6a through 6h. Justification: Describe the nature, must not have the equipment or a Indirect Charges—6j. Enter the total source, and anticipated use of program reasonable facsimile available to the amount of indirect charges (costs). If no income in the Program Narrative project. The justification also must indirect costs are requested, enter Statement. contain plans for future use or disposal ‘‘none.’’ Generally, this line should be Section C—Non-Federal Resources. of the equipment after the project ends. used when the applicant (except local This section summarizes the amounts of Supplies—Line 6e. Enter the total governments) has a current indirect cost non-Federal resources that will be costs of all tangible expendable personal rate agreement approved by the applied to the grant. Enter this property (supplies) other than those Department of Health and Human information on line 12 entitled ‘‘Totals.’’ included on Line 6d. Services or another Federal agency. In-kind contributions are defined in title Justification: Specify general Local and State governments should 45 of the Code of Federal Regulations, categories of supplies and their costs. enter the amount of indirect costs Parts 74.51 and 92.24, as ‘‘property or Contractual—Line 6f. Enter the total determined in accordance with HHS services which benefit a grant- costs of all contracts, including (1) requirements. When an indirect cost supported project or program and which procurement contracts (except those rate is requested, these costs are are contributed by non-Federal third which belong on other lines such as included in the indirect cost pool and parties without charge to the grantee, equipment, supplies, etc.) and (2) should not be charged again as direct the subgrantee, or a cost-type contractor contracts with secondary recipient costs to the grant. under the grant or subgrant.’’ Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41905

Justification: Describe third party in- reviewers read in evaluating the organization chart showing the kind contributions, if included. application. relationship of the project to the current Section D—Forecasted Cash Needs. organization should be included. 4. Program Narrative Statement Not applicable. 6. Part V—Assurances/Certifications Section E—Budget Estimate of Federal The Program Narrative Statement is a Funds Needed For Balance of the very important part of an application. It Applicants are required to file an SF Project. This section should only be should be clear, concise, and address 424B, Assurances—Non-Construction completed if the total project period the specific requirements mentioned Programs and the Certification exceeds 17 months. under the priority area description in Regarding Lobbying. Both must be Totals—Line 20. For projects that will Part IV. The narrative should also signed and returned with the have more than one budget period, enter provide information concerning how the application. Applicants must also the estimated required Federal funds for application meets the evaluation provide certifications regarding: (1) the second budget period (months 13 criteria, using the following headings: Drug-Free Workplace Requirements; and through 24) under column ‘‘(b) First.’’ If (a) Objectives and Need for (2) Debarment and Other a third budget period will be necessary, Assistance; Responsibilities. These two enter the Federal funds needed for (b) Results and Benefits Expected; certifications are self-explanatory. (c) Approach; and Copies of these assurances/certifications months 25 through 36 under ‘‘(c) (d) Staff Background and Second.’’ Columns (d) and (e) are not are reprinted at the end of this Organization’s Experience. announcement and should be applicable in most instances, since ACF The specific information to be reproduced, as necessary. A duly funding is almost always limited to a included under each of these headings authorized representative of the three-year maximum project period. is described in Section C of Part III, applicant organization must certify that They should remain blank. Evaluation Criteria. the applicant is in compliance with Section F—Other Budget Information. The narrative should be typed double- these assurances/certifications. A Direct Charges—Line 21. Not spaced on a single-side of an 81⁄2′′ x 11′′ signature on the SF 424 indicates applicable. plain white paper, with 1’’ margins on compliance with the Drug Free Indirect Charges—Line 22. Enter the all sides. All pages of the narrative Workplace Requirements, and type of indirect rate (provisional, (including charts, references/footnotes, Debarment and Other Responsibilities predetermined, final or fixed) that will tables, maps, exhibits, etc.) must be certifications, and need not be mailed be in effect during the funding period, sequentially numbered, beginning with back with the application. the estimated amount of the base to ‘‘Objectives and Need for Assistance’’ as which the rate is applied, and the total page number one. Applicants should In addition, applicants are required indirect expense. not submit reproductions of larger size under Section 162(c)(3) of the Act to Remarks—Line 23. If the total project paper, reduced to meet the size provide assurances that the human period exceeds 17 months, you must requirement. rights of all individuals with enter your proposed non-Federal share The length of the application, developmental disabilities (especially of the project budget for each of the including the application forms and all those individuals without familial remaining years of the project. attachments, should not exceed 60 protection) who will receive services 1 ′′ under projects assisted under Part E will 3. Project Summary Description pages. A page is a single side of an 8 ⁄2 x 11′′ sheet of paper. Applicants are be protected consistent with section 110 Clearly mark this separate page with requested not to send pamphlets, (relating to the rights of individuals the applicant name as shown in item 5 brochures or other printed material with developmental disabilities). Each of the SF 424, the priority area number along with their application as these application must include a statement as shown at the top of the SF 424, and pose xeroxing difficulties. These providing this assurance. the title of the project as shown in item materials, if submitted, will not be For research projects in which human 11 of the SF 424. The summary included in the review process if they subjects may be at risk, a Protection of description should not exceed 300 exceed the 60-page limit. Each page of Human Subjects Assurance may be words. These 300 words become part of the application will be counted to required. If there is a question regarding the computer database on each project. determine the total length. the applicability of this assurance, Care should be taken to produce a contact the Office for Research Risks of summary description which accurately 5. Organizational Capability Statement the National Institutes of Health at (301) and concisely reflects the proposal. It The Organizational Capability 496–7041. should describe the objectives of the Statement should consist of a brief (two E. Checklist for a Complete Application project, the approaches to be used and to three pages) background description the outcomes expected. The description of how the applicant organization (or The checklist below is for your use to should also include a list of major the unit within the organization that ensure that your application package products that will result from the will have responsibility for the project) has been properly prepared. proposed project, such as software is organized, the types and quantity of —One original, signed and dated packages, materials, management services it provides, and/or the research application, plus two copies. procedures, data collection instruments, and management capabilities it —Applications for different priority training packages, or videos (please note possesses. This description should areas are packaged separately; that audiovisuals should be closed cover capabilities not included in the —Application is from an organization captioned). The project summary Program Narrative Statement. It may which is eligible under the eligibility description, together with the include descriptions of any current or requirements defined in the priority information on the SF 424, will previous relevant experience, or area description (screening constitute the project ‘‘abstract.’’ It is the describe the competence of the project requirement); major source of information about the team and its demonstrated ability to —Application length does not exceed proposed project and is usually the first produce a final product that is readily 60 pages, unless otherwise specified in part of the application that the comprehensible and usable. An the priority area description. 41906 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

—A complete application consists of (Federal Catalog of Domestic Assistance the Governor, The Capitol (Room 1603), the following items in this order: Number 93.631 Developmental Disabilities— Tallahassee, Florida 32399–0001, —Application for Federal Assistance Projects of National Significance) Telephone: (904) 488–8114, FAX # (904) (SF 424, REV 4–88); Dated: July 3, 1996. 488–9005. Bob Williams, —A completed SPOC certification Georgia with the date of SPOC contact entered Commissioner, Administration on in line 16, page 1 of the SF 424 if Developmental Disabilities. Charles H. Badger, Administrator, Georgia State Clearinghouse, 254 applicable. Executive Order 12372—State Single Washington Street, S.W., Room 401J, —Budget Information—Non- Points of Contact Construction Programs (SF 424A, REV Atlanta, Georgia 30334, Telephone: 4–88); Alabama (404) 656–3855 or (404) 656–3829, FAX # —Budget justification for Section B— John C. Strickland, Alabama (404) 656–7938. Budget Categories; Department of Economic and Illinois —Table of Contents; Community Affairs, Planning and —Letter from the Internal Revenue Economic Division, 401 Adams Avenue, Steve Klokkenga, State Single Point of Service, etc. to prove non-profit status, Montgomery, AL 36103–5690, Contact, Office of the Governor, 107 if necessary; Telephone: (205) 242–5483, FAX # (205) Stratton Building, Springfield, Illinois 62706, Telephone: (217) 782–1671, FAX —Copy of the applicant’s approved 242–5515. # indirect cost rate agreement, if (217) 782–6620. Arizona appropriate; Indiana —Project summary description and Janice Dunn, Arizona State Frances E. Williams, State Budget listing of key words; Clearinghouse, 3800 N. Central Avenue, Agency, 212 State House, Indianapolis, —Program Narrative Statement (See Fourteenth Floor, Phoenix, Arizona Indiana 46204, Telephone: (317) 232– Part III, Section C); 85012, Telephone (602) 280–1315, FAX 2972. FAX # (317) 233–3323. —Organizational capability statement, # (602) 280–1305. including an organization chart; Arkansas Iowa —Any appendices/attachments; Mr. Tracy L. Copeland, Manager, State Steven R. McCann, Division for —Assurances—Non-Construction Community Assistance, Iowa Programs (Standard Form 424B, REV 4– Clearinghouse, Office of Intergovernmental Services, Department Department of Economic Development, 88); 200 East Grand Avenue, Des Moines, —Certification Regarding Lobbying; of Finance and Administration, 1515 W. 7th St., Room 412, Little Rock, Arkansas Iowa 50309, Telephone: (515) 242–4719, and # 72203, Telephone: (501) 682–1074, FAX FAX (515) 242–4859. —Certification of Protection of # Human Subjects, if necessary. (501) 682–5206. Kentucky —Certification of the Pro-Children California Ronald W. Cook, Office of the Act of 1994; signature on the Grants Coordinator, Office of Planning Governor, Department of Local application represents certification. & Research, 1400 Tenth Street, Room Government, 1024 Capitol Center Drive, F. The Application Package 121, Sacramento, California 95814, Frankfort, Kentucky 40601–8204, # Telephone (916) 323–7480, FAX # (916) Telephone: (502) 573–2382, FAX (502) Each application package must 323–3018. 573–2512. include an original and two copies of the complete application. Each copy Colorado Maine should be stapled securely (front and State Single Point of Contact, State Joyce Benson, State Planning Office, back if necessary) in the upper left-hand Clearinghouse, Division of Local State House Station #38, Augusta, Maine corner. All pages of the narrative Government, 1313 Sherman Street, 04333, Telephone: (207) 287–3261, (including charts, tables, maps, exhibits, Room 521, Denver, Colorado 80203, FAX # (207) 287–6489. etc.) must be sequentially numbered, # Telephone: (303) 866–2156, FAX (303) Maryland beginning with page one. In order to 866–2251. facilitate handling, please do not use Mr. Roland E. English III, Chief, State covers, binders or tabs. Do not include Delaware Clearinghouse for Intergovernmental extraneous materials as attachments, Francine Booth, State Single Point of Assistance, Maryland Office of such as agency promotion brochures, Contact, Executive Department, Thomas Planning, 301 W. Preston Street, Room slides, tapes, film clips, minutes of Collins Building, Dover, Delaware 1104, Baltimore, Maryland 21201–2365, meetings, survey instruments or articles 19903, Telephone: (302) 739–3326, FAX Telephone: (410) 225–4490, FAX # (410) of incorporation. # (302) 739–5661. 225–4480. G. Paper Reduction Act District of Columbia Michigan Under the Paperwork Reduction Act Rodney T. Hallman, State Single Point Richard S. Pastula, Director, Office of of 1995 (Pub. L. 104–13), the of Contact, Office of Grants Management Federal Grants, Michigan Department of Department is required to submit to and Development, 717 14th Street, Commerce, P.O. Box 30225, Lansing, OMB for review and approval any N.W., Suite 500, Washington, D.C. Michigan 48909, Telephone: (517) 373– reporting and record keeping 20005, Telephone: (202) 727–6551, FAX 7356, FAX # (517) 373–6683. requirements or program # (202) 727–1617. announcements. This program Mississippi announcement meets all information Florida Cathy Malette, Clearinghouse Officer, collection requirements approved for Suzanne Traub-Metlay, Florida State Office of Federal Grant Management and ACF grant applications under OMB Clearinghouse, Intergovernmental Reporting, Department of Finance and Control Number 0970–0139. Affairs Policy Unit, Executive Office of Administration, 301 West Pearl Street, Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41907

Jackson, Mississippi 39203, Telephone: Street, 34th Floor, Columbus, Ohio Territories (SPOC) (601) 949–2174, FAX # (601) 949–2125. 43266–0411. Guam Please direct correspondence and Missouri questions about intergovernmental Mr. Giovanni T. Sgambelluri, Lois Pohl, Federal Assistance review to: Linda Wise, Telephone: (614) Director, Bureau of Budget and Clearinghouse, Office Of 466–0698, FAX # (614) 466–5400. Management Research, Office of the Administration, P.O. Box 809, Room Governor, IP.O. Box 2950, Agana, Guam Rhode Island 760, Truman Building, Jefferson City, 96910, Telephone: 011–671–472–2285, Missouri 65102, Telephone: (314) 751– Daniel W. Varin, Associate Director, FAX # 011–671–472–2825. 4834, FAX # (314) 751–7819. Department of Administration, Division of Planning, One Capitol Hill, 4th Floor, Puerto Rico Nevada Providence, Rhode Island 02908–5870, Norma Burgos/Jose E. Caro, Department of Administration, State Telephone: (401) 277–2656, FAX # (401) Chairwoman/Director, Puerto Rico Clearinghouse, Capitol Complex, Carson 277–2083. Planning Board, Federal Proposals City, Nevada 89710, Telephone: (702) Please direct correspondence and Review Office, Minillas Government 687–4065, FAX # (702) 687–3983. questions to: Review Coordinator, Office Center, P.O. Box 41119, San Juan, New Hampshire of Strategic Planning. Puerto Rico 00940–1119, Telephone: (809) 727–4444, (809) 723–6190, FAX # South Carolina Jeffrey H. Taylor, Director, New (809) 724–3270, (809) 724–3103. Hampshire Office of State Planning, Omeagia Burgess, State Single Point Attn: Intergovernmental Review of Contact, Grant Services, Office of the Northern Mariana Islands Process, James E. Bieber, 21⁄2 Beacon Governor, 1205 Pendleton Street, Room State Single Point of Contact, Street, Concord, New Hampshire 03301, 477, Columbia, South Carolina 29201, Planning and Budget Office, Office of Telephone: (603) 271–2155, FAX # (603) Telephone: (803) 734–0494, FAX # (803) the Governor, Saipan, CM, Northern 271–1728. 734–0385. Mariana Islands 96950. New Jersey Texas Virgin Islands Gregory W. Adkins, Director, Division Tom Adams, Director, Jose George, Director, Office of of Community Resources, New Jersey Intergovernmental Coordination, P.O. Management and Budget, #41 Norregade Department of Community Affairs. Box 13005, Austin, Texas 78711, Emancipation Garden Station, Second Please direct all correspondence and Telephone: (512) 463–1771, FAX # (512) Floor, Saint Thomas, Virgin Islands questions about intergovernmental 463–1984. 00802. review to: Andrew J. Jaskolka, State Utah Please direct all questions and Review Process, Division of Community correspondence about Resources, CN 814, Room 609, Trenton, Carolyn Wright, Utah State intergovernmental review to: Linda New Jersey 08625–0814, Telephone: Clearinghouse, Office of Planning and Clarke, Telephone: (809) 774–0750, FAX # (609) 292–9025, FAX (609) 984–0386. Budget, Room 116, State Capitol, Salt # (809) 776–0069. Lake City, Utah 84114, Telephone: (801) New Mexico 538–1535, FAX # (801) 538–1547. State Developmental Disabilities George Elliott, Deputy Director, State Planning Councils Vermont Budget Division, Room 190, Bataan Alabama Memorial Building, Santa Fe, New Nancy McAvoy, State Single Point of Mexico 87503, Telephone: (505) 827– Contact, Pavilion Office Building, 109 Joan B. Hannah, Ed.D., Executive 3640. State Street, Montpelier, Vermont Director, Alabama Developmental 05609, Telephone: (802) 828–3326, FAX Disabilities, Planning Council, 200 New York # (802) 828–3339. Interstate Park Dr., P.O. Box 3710, New York State Clearinghouse, Montgomery, Alabama 36193–5001, West Virginia Division of the Budget, State Capitol, (205) 270–4680, 1–800–232–2158, FAX Albany, New York 12224, Telephone: Fred Cutlip, Director, Community # (205) 240–3195. (518) 474–1605. Development Division, W. Virginia Alaska Development Office, Building #6, Room North Carolina 553, Charleston, West Virginia 25305, David Maltman, Director, Govenor’s Chrys Baggett, Director, N.C. State Telephone: (304) 558–4010, FAX # (304) Council on Disabilities, and Special Clearinghouse, Office of the Secretary of 558–3248. Education, P.O. Box 240249, Anchorage, Admin., 116 West Jones Street, Raleigh, Alaska 99524–0249, (907) 563– Wisconsin North Carolina 27603–8003, Telephone: 5355,FAX # (907) 563–5357. # Martha Kerner, Section Chief, State/ (919) 733–7232, FAX (919) 733–9571. Arizona Federal Relations, Wisconsin North Dakota Department of Administration, 101 East Diane Skay, Director, Governor’s North Dakota Single Point of Contact, Wilson Street, 6th Floor, P.O. Box 7868, Council on Developmental, Disabilities, Office of Intergovernmental Assistance, Madison, Wisconsin 53707, Telephone: 1717 West Jefferson Street, Site Code 600 East Boulevard Avenue, Bismarck, (608) 266–2125, FAX # (608) 267–6931. 074Z, Phoenix, Arizona 85007, (602) North Dakota 58505–0170, Telephone: 542–4049, FAX # (602) 542–5339. Wyoming (701) 224–2094, FAX # (701) 224–2308. Arkansas Sheryl Jeffries, State Single Point of Ohio Contact, Herschler Building, 4th Floor, Orson Berry, Executive Director, Larry Weaver, State Single Point of East Wing, Cheyenne, Wyoming 82002, Governor’s Developmental Disabilities, Contact, State Clearinghouse, Office of Telephone: (307) 777–7574, FAX # (307) Planning Council, 4815 West Markham, Budget and Management, 30 East Broad 638–8967. Slot 12, Little Rock, Arkansas 72205– 41908 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

3867, (501) 661–2589, FAX # (501) 661– (208) 334–3417, 800–544–2433 (Idaho Massachusetts 2399. only). Jody Williams, Executive Director, California Illinois Massachusetts Developmental Disabilities Council, 600 Washington Roberta A. Marlowe, Ph.D., Executive Rene Christensen-Leininger, Director, Street, Room 670, Boston, Director, CA State Council on Illinois Council on Developmental Massachusetts 02111, (617) 727–6374, Developmental, Disabilities, 2000 ‘‘O’’ Disabilities, 830 S. Spring Street, FAX # (617) 727–1174, TDD 617 727– Street, Suite 100, Sacramento, California Springfield, IL 62704, (217) 782–9696, # 1885. 95814, (916) 322–8481, FAX (916) FAX # (217) 524–5339. 443–4957. Michigan Indiana Colorado Ms. Sharon Tipton, Executive Ms. Suellen Jackson-Boner, Director, Donald St. Louis, Executive Director, Director, Dept. of Mental Health, Governor’s Planning Council for People Colorado Developmental Disabilities, Michigan DD Council, Lewis Cass with Disabilities, 143 W. Market Street, Planning Council, 777 Grant Street, Building, 6th Floor, Lansing, Michigan Harrison Building, Suite 404, # Suite 304, Denver, Colorado 80203, 48913, (517) 334–6123, 7240, FAX Indianapolis, Indiana 46204, (317) 232– (303) 894–2345, FAX # (303) 894–2880. (517) 334–7353. 7770/3. FAX # (317) 233–3712. Connecticut Minnesota Iowa Edward T. Preneta, Director, CT Ms. Colleen Wieck, Ph.D., Executive Council on Developmental Disabilities, Mr. Jay Brewer, Executive Director, Director, Governor’s Planning Council 90 Pitkin Street, East Hartford, Governor’s Planning Council for on Developmental Disabilities, 300 Connecticut 06108, (203) 725–3829, Developmental Disabilities, Hoover Centennial Office Building, 658 Cedar FAX # (203) 528–3680. State Office Building, 1st Floor, Des Street, St. Paul, Minnesota 55155, (612) Moines, Iowa 50319, (515) 281–7632, 296–4018, FAX # (612) 296–3698. Delaware FAX # (515) 281–4597. Mississippi James F. Linehan, Director, Kansas Developmental Disabilities Planning Ed C. Bell, Staff Director, Mississippi Council, Department of Administrative Ms. Jane Rhys, Executive Director, Developmental Disabilities Planning Services, Box 1401, Townsend Building, Kansas Planning Council on Council, 1101 Robert E. Lee Building, Dover, Delaware 19901, (302) 739–3333, Developmental Disabilities, 915 Jackson, Mississippi 39201, (601) 359– # FAX # (302) 739–6704. Harrison, Room 141, Topeka, Kansas 6238, FAX (601) 359–6295. # 66612, (913) 296–2608/9, FAX (913) Missouri District of Columbia 296–1158. Carol Boykins, Executive Director, Ms. Kay Conklin, Director, Missouri Developmental Disabilities, State Kentucky Planning Council for Developmental Planning Council, 801 N. Capitol St., Prudence Reilly, Executive Director, Disabilities, P.O. Box 687, 1706 East N.E., Suite 954, Washington, D.C. Elm Street, Jefferson City, Missouri Kentucky Developmental Disabilities # 20002, (202) 279–6085, FAX # (202) Planning Council, Department for 65102, (314) 751–8611, FAX (314) 727–6587. Mental Health and Mental Retardation 751–9207. Florida Services, 275 East Main Street, Montana Frankfort, Kentucky 40621, (502) 564– Greg A. Olsen, Executive Director, K. Joseph Krieger, Executive Director, 7842, FAX # (502) 564–3844. Florida Developmental Disabilities Developmental Disabilities Planning Planning Council, 820 East Park Louisiana and Advisory Council, 111 N. Last Chance Gulch, Arcade Bldg., Unit C, Avenue, Suite I–100, Tallahassee, Clarice Eichelberger, Executive # Box 526, Helena, Montana 59620, (406) Florida 32301, (904) 488–4180, FAX Director, Louisiana State Planning 444–1334, FAX # (406) 444–5999. (904) 922–6702. Council on Developmental Disabilities, Georgia P.O. Box 3455 Ben 14, 1201 Capitol Nebraska Zebe Schmitt, Executive Director, Access, 5th Floor, DOT Edition, East Ms. Mary Gordon, Director, Dept. of Entrance, Baton Rouge, Louisiana Health/Developmental Disabilities, 301 Governor’s Council on Developmental # Disabilities, 2 Peachtree St. N.E., Room 70821–3455, (504) 342–6804, FAX Centennial Mall South, P.O. Box 95007, 3–210, Atlanta, Georgia 30303, (404) (504) 342–4419. Lincoln, Nebraska 68509, (402) 471– 657–2126, FAX # (404) 657–2132, TDD Maine 2330, FAX # (402) 471–0383. 657–2133. Peter R. Stowell, Executive Director, Nevada Hawaii Maine Developmental Disabilities Donny Loux, Director, DD Council, Diana Tizard, Director, State Planning Council, Nash Building, Station #139, Dept. of Rehab., 711 S. Stewart, Carson Council on Developmental Disabilities, Augusta, Maine 04333–0139, (207) 287– City, Nevada 89710, (702) 687–4440, Five Waterfront Plaza, 500 Ala Moana 4213, FAX # (207) 287–4268. FAX # (702) 687–5980. Boulevard, Suite 5–200, Honolulu, Maryland New Hampshire Hawaii 96813, (808) 586–8100, FAX # (808) 586–8129. Mindy Morrell, Executive Director, Thomas Flayton, (Acting) Executive Maryland State Planning Council on Director, New Hampshire Idaho Developmental Disabilities, One Market Developmental Disabilities Council, The John D. Watts, Director, Idaho State Center, Box 10, 300 West Lexington Concord Center, Room 315, P.O. Box Council on Developmental Disabilities, Street, Baltimore, Maryland 21201– 315, 10 Ferry Street, Concord, New 280 North 8th Street, Suite 208, Boise, 2323, (410) 333–3688, FAX # (401) 333– Hampshire 03301–5022, (603) 271– Idaho 83720, (208) 334–2178, FAX # 6674. 3236,7,8, FAX # (603) 225–6766. Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41909

New Jersey Harrisburg, Pennsylvania 17120, (717) Development, 906 Columbia St., S.W., Ethan B. Ellis, Executive Director, NJ 787–6057. Post Office Box 48314, Olympia, Washington 98504–8314, (206) 753– Developmental Disabilities Planning Rhode Island 3908, 1–800–634–4473, FAX # (206) Council, 32 W. State Street, CN 700, Marie V. Citrone, Executive Director, Trenton, New Jersey 08625–0700, (609) 586–2424. # Rhode Island Developmental 292–3745, FAX (609) 292–7114. Disabilities Council, State Executive West Virginia New Mexico Department, 600 New London Avenue, Julie Pratt, Director, West Virginia Cranston, Rhode Island 02920–3028, Developmental Disabilities Planning Chris Isengard, Executive Director, # Developmental Disabilities Planning (401) 464–3191, FAX (401) 464–3570. Council, 1601 Kanawha Blvd., West, Council, State of New Mexico, 435 St. South Carolina Suite 200, Charleston, West Virginia Michael’s Drive, Building D, Santa Fe, 25312–2500, (304) 558–0416 (Voice), Charles Lang, Interim Executive # New Mexico 87501, (505) 827–7590, (304) 558–2376 (TDD), FAX (304) 558– # Director, South Carolina Developmental 0941. FAX (505) 827–7589. Disabilities Planning Council, Edgar New York Brown Building, Room 372, 1205 Wisconsin Pendleton Street, Columbia, South Isabel T. Mills, Executive Director, Ms. Jayn Wittenmyer, Executive Carolina 29201–3731, (803) 734–0465, New York State Developmental Director, Council on Developmental FAX # (803) 734–0356. Disabilities Planning Council, 155 Disabilities, State of Wisconsin, 722 Washington Avenue, 2nd Floor, Albany, South Dakota Williamson Street, P.O. Box 7851, Madison, Wisconsin 53707–7851, (608) New York 12210, (518) 432–8233, FAX Charles A. Anderson, Director, South # 266–7826, FAX # (608) 267–3906. 518–432–8238. Dakota Governor’s Planning Council on North Carolina Developmental Disabilities, Hillsview Wyoming Plaza, c/o 500 East Capitol, Pierre, Holly Riddle, Executive Director, Sharron C. Kelsey, Executive Director, South Dakota 57501–5070, (605) 77– North Carolina Council on Governor’s Planning Council on 6415, FAX # (605) 773–5483. Developmental Disabilities, 1508 Developmental Disabilities, 122 West Western Blvd., Raleigh, North Carolina Tennessee 25th Street, Herschler Bldg., First Floor # 27606–1359, (919) 733–6566, FAX Wanda Willis, Director, East, Cheyenne, Wyoming 82002, (307) (919) 733–1863. Developmental Disabilities Planning 777–7230, 1–800–442–4333 (in-state- only), FAX # (307) 777–5690. North Dakota Council, Department of Mental Health and Mental Retardation, 706 Church Territories (DDCs) Tom Wallner, Director, North Dakota Street, 3rd Floor, Doctor’s Building, Council on, Developmental Disabilities, Nashville, Tennessee 37219–5393, (615) American Samoa c/o Department of Human Services, 741–9791, FAX # (615) 741–0770. State Capitol, 600 E. Boulevard Avenue, Henry Sesepasara, Executive Director, Bismarck, North Dakota 58505–0250, Texas American Samoa Developmental (701) 224–3219, FAX # (701) 224–2359. Disabilities Council, P.O. Box 184, Pago Roger A. Webb, Executive Director, Pago, American Samoa 96799, (684) Ohio Texas Planning Council for 633–2919, FAX # (684) 633–1139. Developmental Disabilities, 4900 North Mr. Ken Campbell, Executive Lamar Blvd., Austin, Texas 78751–2399, Commonwealth of the Northern Director, Ohio Developmental (512) 483–4080, FAX # (512) 483–4097. Mariana Islands Disabilities Planning Council, Department of Mental Retardation/ Utah Juanita S. Malone, CNMI DD Council, P.O. Box 2565, Saipan, MP 96950, (011) Developmental Disabilities, 8 East Long Catherine E. Chambless, Director, 670–323–3014/16, FAX # (011) 670– Street, 6th Floor, Columbus, Ohio Utah Governor’s Council for People 322–4168. 43266–0523, (614) 466–5205, FAX # with Disabilities, P.O. Box 1958, Salt (614) 466–0298. Lake City, Utah 84110–1958, (801) 533– Government of Federated State of # Oklahoma 4128, FAX (801) 533–5302. Micronesia Ann Trudgeon, Director, Vermont Yosiro Suta, Gov’t of Federated States Developmental Disabilities Planning Thomas A. Pombar, Executive of Micronesia, Dept of Ed., Palikir, Council, Department of Human Secretary, Vermont Developmental Pohnpei, FM 96941, (691) 320–2609, # Services, P.O. Box 25352, Oklahoma Disabilities Council, Waterbury Office FAX (691) 320–5500. City, Oklahoma 73125–0352, (405) 521– Complex, 103 South Main Street, Guam 4984(5), FAX # (405) 521–6684. Waterbury, Vermont 05671–1534, (802) 241–2612, FAX # (802) 241–2979. Frances Limitiaco Standing Soldier, Oregon Executive Director, Guam Charlotte Duncan, Executive Director, Virginia Developmental Disabilities Council, 122 Oregon Developmental Disabilities, Sandy Reen, Director, Virginia Board IT&E Plazza, Rm. 201, Harmon, Guam Planning Council, 540 24th Place NE, for People with Disabilities, Post Office 96911, (671) 646–9468, 9469, FAX # Salem, Oregon 97301–4517, (503) 373– Box 613, Richmond, Virginia 23205– (671) 649–7672, TDD 671–649–3911. # # 7555, FAX (503) 373–7172. 0613, (804) 786–0016, FAX (804) 786– Northern Mariana Islands 1118. Pennsylvania Juanita S. Malone, Executive Director, David B. Schwartz, Executive Washington Developmental Disabilities Council, Director, Developmental Disabilities Edward M. Holen, Executive Director, Department of Education, P. O. Box Planning Council, Forum Building, Developmental Disabilities Planning 2565, Saipan, CM 96950, W (670) 322– Room 569, Commonwealth Avenue, Council, Department of Community 3014, H (670) 322–1398. 41910 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Puerto Rico Virgin Islands Western Carolina Islands (Trust Territories of the Pacific) Maria Luisa Mendia, Executive Mark Vinzant, Director, VI Director, Puerto Rico Developmental Developmental Disabilities Council, Minoru Ueki, MD, Trust Territory Disabilities State Council, P.O. Box P.O. Box 2671 Kings Hill, St. Croix, U.S. Health Council, MacDonald Memorial 9543, Santurce, Puerto Rico 00908, (809) Virgin Islands 00850–9999, (809) 772– Hospital KOROR, Palau. WCI 96940. 722–0595 FAX # (809) 721–3622. 2133. BILLING CODE 4184±01±P Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41911

BILLING CODE 4184±01±C 41912 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Instructions for the SF 424 8. Check appropriate box and enter 15. Amount requested or to be appropriate letter(s) in the space(s) contributed during the first funding/ This is a standard form used by provided: budget period by each contributor. applicants as a required facesheet for —‘‘New’’ means a new assistance Value of in-kind contributions should preapplications and applications award. be included on appropriate lines as submitted for Federal assistance. It will —‘‘Continuation’’ means an extension applicable. If the action will result in a be used by Federal agencies to obtain for an additional funding/budget dollar change to an existing award, applicant certification that States which period for a project with a projected indicate only the amount of the change. have established a review and comment completion date. For decreases, enclose the amounts in procedure in response to Executive —‘‘Revision’’ means any change in the parentheses. If both basic and Order 12372 and have selected the Federal Government’s financial supplemental amounts are included, program to be included in their process, obligation or contingent liability from show breakdown on an attached sheet. have been given an opportunity to an existing obligation. For multiple program funding, use totals review the applicant’s submission. 9. Name of Federal agency from and show breakdown using same 1. Self-explanatory. which assistance is being requested categories as item 15. 2. Date application submitted to with this application. 16. Applicants should contact the Federal agency (or State if applicable) & 10. Use the Catalog of Federal State Single Point of Contact (SPOC) for applicant’s control number (if Domestic Assistance number and title of Federal Executive Order 12372 to applicable). the program under which assistance is determine whether the application is 3. State use only (if applicable). requested. subject to the State intergovernmental 11. Enter a brief descriptive title of the review process. 4. If this application is to continue or 17. This question applies to the revise an existing award, enter present project. If more than one program is involved, you should append an applicant organization, not the person Federal identifier number. If for a new who signs as the authorized project, leave blank. explanation on a separate sheet. If appropriate (e.g., construction or real representative. Categories of debt 5. Legal name of applicant, name of property projects), attach a map include delinquent audit disallowances, primary organizational unit which will showing project location. For loans and taxes. undertake the assistance activity, preapplications, use a separate sheet to 18. To be signed by the authorized complete address of the applicant, and provide a summary description of this representative of the applicant. A copy name and telephone number of the project. of the governing body’s authorization person to contact on matters related to 12. List only the largest political for you to sign this application as this application. entities affected (e.g., State, counties, official representative must be on file in 6. Enter Employer Identification cities). the applicant’s office. (Certain Federal Number (EIN) as assigned by the 13. Self-explanatory. agencies may require that this Internal Revenue Service. 14. List the applicant’s Congressional authorization be submitted as part of the 7. Enter the appropriate letter in the District and any District(s) affected by application.) space provided. the program or project. BILLING CODE 4184±01±M Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41913 41914 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

BILLING CODE 4184±01±C Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41915

Instructions for the SF–424A Lines 1–4, Columns (c) through (g.) Line 7—Enter the estimated amount of income, if any, expected to be General Instructions For new applications, leave columns (c) and (d) blank. For each line entry in generated from this project. Do not add This form is designed so that Columns (a) and (b), enter in Columns or subtract this amount from the total application can be made for funds from (e), (f), and (g) the appropriate amounts project amount. Show under the one or more grant programs. In of funds needed to support the project program narrative statement the nature preparing the budget, adhere to any for the first funding period (usually a and source of income. The estimated existing Federal grantor agency year). amount of program income may be guidelines which prescribe how and For continuing grant program considered by the federal grantor agency whether budgeted amounts should be applications, submit these forms before in determining the total amount of the separately shown for different functions the end of each funding period as grant. or activities within the program. For required by the grantor agency. Enter in Section C. Non-Federal-Resources some programs, grantor agencies may Column (c) and (d) the estimated amounts of funds which will remain Lines 8–11—Enter amounts of non- require budgets to be separately shown Federal resources that will be used on by function or activity. For other unobligated at the end of the grant funding period only if the Federal the grant. If in-kind contributions are programs, grantor agencies may require included, provide a brief explanation on a breakdown by function or activity. grantor agency instructions provide for this. Otherwise, leave these columns a separate sheet. Sections A, B, C, and D should include Column (a)—Enter the program titles budget estimates for the whole project blank. Enter in columns (e) and (f) the amounts of funds needed for the identical to Column (a), Section A. A except when applying for assistance breakdown by function or activity is not which requires Federal authorization in upcoming period. The amount(s) in Column (g) should be the sum of necessary. annual or other funding period Column (b)—Enter the contribution to increments. In the latter case, Sections amounts in Columns (e) and (f). For supplemental grants and changes be made by the applicant. A, B, C, and D should provide the to existing grants, do not use Columns Column (c)—Enter the amount of the budget for the first budget period (c) and (d). Enter in Column (e) the State’s cash and in-kind contribution if (usually a year) and Section E should amount of the increase or decrease of the applicant is not a State or State present the need for Federal assistance Federal funds and enter in Column (f) agency. Applicants which are a State or in the subsequent budget periods. All the amount of the increase or decrease State agencies should leave this column applications should contain a of non-Federal funds. In Column (g) blank. breakdown by the object class categories enter the new total budgeted amount Column (d)—Enter the amount of cash shown in Lines a–k of Section B. (Federal and non-Federal) which and in-kind contributions to be made from all other sources. Section A. Budget Summary includes the total previous authorized budgeted amounts plus or minus, as Column (e)—Enter totals of Columns Lines 1–4, Columns (a) and (b) appropriate, the amounts shown in (b), (c), and (d). Columns (e) and (f). The amount(s) in Line 12—Enter the total for each of For applications pertaining to a single Column (g) should not equal the sum of Columns (b)–(e). The amount in column Federal grant program (Federal amounts in Columns (e) and (f). (e) should be equal to the amount on Domestic Assistance Catalog number) Line 5—Show the totals for all Line 5, Column (f), Section A. and not requiring a functional or columns used. Section D. Forecasted Cash Needs activity breakdown, enter on Line 1 and Column (a) the catalog program title and Section B. Budget Categories Line 13—Enter the amount of cash the catalog number in Column (b). In the column heading (1) through (4), needed by quarter from the grantor For applications pertaining to a single enter the titles of the same programs, agency during the first year. Line 14—Enter the amount of cash program requiring budget amounts by functions, and activities shown on Lines from all other sources needed by quarter multiple functions or activities, enter 1–4, Column (a), Section A. When during the first year. the name of each activity or function on additional sheets are prepared for Line 15—Enter the totals of amounts each line in Column (a), and enter the Section A, provide similar column on Lines 13 and 14 catalog number in Column (b). For headings on each sheet. For each applications pertaining to multiple program, function or activity, fill in the Section E. Budget Estimates of Federal programs where none of the programs total requirements for funds (both Funds Needed for Balance of the Project Federal and non-Federal) by object class require a breakdown by function or Lines 16–19—Enter in Column (a) the activity, enter the catalog program title categories. Lines 6a–i—Show the totals of Lines same grant program titles shown in on each line in Column (a) and the 6a to 6h in each column. Column (a), Section A. A breakdown by respective catalog number on each line Line 6j—Show the amount of indirect function or activity is not necessary. For in Column (b). cost. new applications and continuation grant For applications pertaining to Line 6k—Enter the total of amounts applications, enter in the proper multiple programs where one or more on Lines 6i and 6j. For all applications columns amounts of Federal funds programs require a breakdown by for new grants and continuation grants which will be needed to complete the function or activity, prepare a separate the total mount in column (5), Line 6k, program or project over the succeeding sheet for each program requiring the should be the same as the total amount funding periods (usually in years). This breakdown. Additional sheets should be shown in Section A, Column (g), Line 5. section need not be completed for used when one form does not provide For supplemental grants and changes to revisions (amendments, changes, or adequate space for all breakdown of grants, the total amount of the increase supplements) for funds for the current data required. However, when more or decrease as shown in Columns (1)– year of existing grants. than one sheet is used the first page (4), Line 6k should be the same as the If more than four lines are needed to should provide the summary totals by sum of the amounts in Section A, list the program titles, submit additional programs. Columns (e) and (f) on Line 5. schedules as necessary. 41916 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Line 20—Enter the total for each of of the nineteen statutes or regulations 9. Will comply, as applicable, with the Columns (b)–(e). When additional specified in Appendix A of OPM’s the provisions of the Davis-Bacon Act schedules are prepared for this Section, Standards for a Merit System of (40 U.S.C. §§ 276a to 276a–7), the annotate accordingly and show the Personnel Administration (5 C.F.R. 900, Copeland Act (40 U.S.C. § 276c and 18 overall totals on this line. Subpart F). U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 Section F. Other Budget Information 6. Will comply with all Federal statutes relating to nondiscrimination. U.S.C. §§ 327–333), regarding labor Line 21—Use this space to explain These include but are not limited to: (a) standards for federally assisted amounts for individual direct object- Title VI of the Civil Rights Act of 1964 construction subagreements. class cost categories that may appear to (P.L. 88–352) which prohibits 10. Will comply, if applicable, with be out of the ordinary or to explain the discrimination on the basis of race, flood insurance purchase requirements details as required by the Federal color or national origin; (b) Title IX of of Section 102(a) of the Flood Disaster grantor agency. the Education Amendments of 1972, as Protection Act of 1973 (P.L. 93–234) Line 22—Enter the type of indirect amended (20 U.S.C. §§ 1681–1683, and which requires recipients in a special rate (provisional, predetermined, final 1685–1686), which prohibits flood hazard area to participate in the or fixed) that will be in effect during the discrimination on the basis of sex; (c) program and to purchase flood funding period, the estimated amount of Section 504 of the Rehabilitation Act of insurance if the total cost of insurable the base to which the rate is applied, 1973, as amended (29 U.S.C. § 794), construction and acquisition is $10,000 and the total indirect expense. which prohibits discrimination on the or more. Line 23—Provide any other basis of handicaps; (d) the Age 11. Will comply with environmental explanations or comments deemed Discrimination Act of 1975, as amended standards which may be prescribed necessary. (42 U.S.C. §§ 6101–6107), which pursuant to the following: (a) institution of environmental quality control Assurances—Non-Construction prohibits discrimination on the basis of age; (e) the Drug Abuse Office and measures under the National Programs Environmental Policy Act of 1969 (P.L. Treatment Act of 1972 (P.L. 92–255), as 91–190) and Executive Order (EO) Note: Certain of these assurances may not amended, relating to nondiscrimination be applicable to your project or program. If 11514; (b) notification of violating on the basis of drug abuse; (f) the you have questions, please contact the facilities pursuant to EO 11738; (c) Comprehensive Alcohol Abuse and awarding agency. Further, certain Federal protection of wetlands pursuant to EO Alcoholism Prevention, Treatment and awarding agencies may require applicants to 11990; (d) evaluation of flood hazards in Rehabilitation Act of 1970 (P.L. 91–616), certify to additional assurances. If such is the floodplains in accordance with EO case, you will be notified. as amended, relating to 11988; (e) assurance of project nondiscrimination on the basis of As the duly authorized representative consistency with the approved State alcohol abuse or alcoholism; (g) §§ 523 of the applicant I certify that the management program developed under applicant: and 527 of the Public Health Service Act the Coastal Zone Management Act of 1. Has the legal authority to apply for of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 1972 (16 U.S.C. §§ 1451 et seq.); (f) Federal assistance, and the institutional, 3), as amended, relating to conformity of Federal actions to State managerial and financial capability confidentiality of alcohol and drug (Clear Air) Implementation Plans under (including funds sufficient to pay the abuse patient records; (h) Title VIII of Section 176(c) of the Clear Air Act of non-Federal share of project costs) to the Civil Rights Act of 1968 (42 U.S.C. 1955, as amended (42 U.S.C. § 7401 et ensure proper planning, management § 3601 et seq.), as amended, relating to seq.); (g) protection of underground and completion of the project described nondiscrimination in the sale, rental or sources of drinking water under the Safe in this application. financing of housing; (i) any other Drinking Water Act of 1974, as 2. Will give the awarding agency, the nondiscrimination provisions in the amended, (P.L. 93–523); and (h) Comptroller General of the United specific statute(s) under which protection of endangered species under States, and if appropriate, the State, application for Federal assistance is the Endangered Species Act of 1973, as through any authorized representative, being made; and (j) the requirements of amended, (P.L. 93–205). access to and the right to examine all any other nondiscrimination statute(s) 12. Will comply with the Wild and records, books, papers, or documents which may apply to the application. Scenic Rivers Act of 1968 (16 U.S.C. related to the award; and will establish 7. Will comply, or has already §§ 1271 et seq.) related to protecting a proper accounting system in complied, with the requirements of components or potential components of accordance with generally accepted Titles II and III of the Uniform the national wild and scenic rivers accounting standards or agency Relocation Assistance and Real Property system. directives. Acquisition Policies Act of 1970 (P.L. 13. Will assist the awarding agency in 3. Will establish safeguards to 91–646) which provide for fair and assuring compliance with Section 106 of prohibit employees from using their equitable treatment of persons displaced the National Historic Preservation Act of positions for a purpose that constitutes or whose property is acquired as a result 1966, as amended (16 U.S.C. 470), EO or presents the appearance of personal of Federal or federally assisted 11593 (identification and protection of or organizational conflict of interest, or programs. These requirements apply to historic properties), and the personal gain. all interests in real property acquired for Archaeological and Historic 4. Will initiate and complete the work project purposes regardless of Federal Preservation Act of 1974 (16 U.S.C. within the applicable time frame after participation in purchases. 469a–1 et seq.). receipt of approval of the awarding 8. Will comply with the provisions of 14. Will comply with P.L. 93–348 agency. the Hatch Act (5 U.S.C. §§ 1501–1508 regarding the protection of human 5. Will comply with the and 7324–7328) which limit the subjects involved in research, Intergovernmental Personnel Act of political activities of employees whose development, and related activities 1970 (42 U.S.C. §§ 4728–4763) relating principal employment activities are supported by this award of assistance. to prescribed standards for merit funded in whole or in part with Federal 15. Will comply with the Laboratory systems for programs funded under one funds. Animal Welfare Act of 1966 (P.L. 89– Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41917

544, as amended, 7 U.S.C. 2131 et seq.) construction or rehabilitation of lllllllllllllllllllll pertaining to the care, handling, and residence structures. Signature of Authorized Certifying Official treatment of warm blooded animals held 17. Will cause to be performed the lllllllllllllllllllll for research, teaching, or other activities required financial and compliance Title lllllllllllllllllllll supported by this award of assistance. audits in accordance with the Single Audit Act of 1984. Applicant Organization 16. Will comply with the Lead-Based 18. Will comply with all applicable lllllllllllllllllllll Paint Poisoning Prevention Act (42 requirements of all other Federal laws, Date Submitted U.S.C. §§ 4801 et seq.) which prohibits executive orders, regulations and BILLING CODE 4184±01±M the use of lead based paint in policies governing this program. 41918 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41919

BILLING CODE 4184±01±C 41920 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Attachment C transactions and in all solicitations for employee of Congress, or an employee lower tier covered transactions. of a Member of Congress in connection Certification Regarding Debarment, with this Federal contract, grant, loan or Suspension, and Other Responsibility Certification Regarding Debarment, cooperative agreement, the undersigned Matters—Primary Covered Transactions Suspension, Ineligibility and Voluntary shall complete and submit Standard Exclusion—Lower Tier Covered By signing and submitting this Form–LLL, ‘‘Disclosure Form to Report Transactions To Be Supplied to Lower proposal, the applicant, defined as the Lobbying,’’ in accordance with its Tier Participants primary participant in accordance with instructions. 45 CFR Part 76, certifies to the best of By signing and submitting this lower (3) The undersigned shall require that its knowledge and belief that it and its tier proposal, the prospective lower tier the language of this certification be principals: participant, as defined in 45 CFR Part included in the award documents for all (a) are not presently debarred, 76, certifies to the best of its knowledge subawards at all tiers (including suspended, proposed for debarment, and belief that it and its principals: subcontracts, subgrants, and contracts declared ineligible, or voluntarily (a) are not presently debarred, under grants, loans, and cooperative excluded from covered transactions by suspended, proposed for debarment, agreements) and that all subrecipients any Federal Department or agency; declared ineligible, or voluntarily shall certify and disclose accordingly. (b) have not within a 3-year period excluded from participation in this This certification is a material preceding this proposal been convicted transaction by any federal department or representation of fact upon which of or had a civil judgment rendered agency. reliance was placed when this (b) where the prospective lower tier against them for obtaining, attempting to transaction was made or entered into. participant is unable to certify to any of obtain, or performing a public (Federal, Submission of this certification is a the above, such prospective participant State, or local) transaction or contract prerequisite for making or entering into shall attach an explanation to this under a public transaction; violation of this transaction imposed by section Federal or State antitrust statutes or proposal. The prospective lower tier participant 1352, title 31, U.S. Code. Any person commission of embezzlement, theft, who fails to file the required forgery, bribery, falsification or further agrees by submitting this proposal that it will include this clause certification shall be subject to a civil destruction of records, making false penalty of not less than $10,000 and not statements, or receiving stolen property; entitled ‘‘Certification regarding Debarment, Suspension, Ineligibility, more than $100,000 for each such (c) are not presently indicated or failure. otherwise criminally or civilly charged and Voluntary Exclusion—Lower Tier by a governmental entity (Federal, State Covered Transactions’’ without State for Loan Guarantee and Loan or local) with commission of any of the modification in all lower tier covered Insurance transactions and in all solicitations for offenses enumerated in paragraph (1)(b) The undersigned states, to the best of lower tier covered transactions. of this certification; and his or her knowledge and belief, that: (d) have not within a 3-year period Attachment D If any funds have been paid or will be preceding this application/proposal had Certification Regarding Lobbying— paid to any person for influencing or one or more public transactions attempting to influence an officer or (Federal, State or local) terminated for Certification for Contracts, Grants, Loans, and Cooperative Agreements employee of any agency, a Member of cause or default. Congress, an officer or employee of The inability of a person to provide The undersigned certifies, to the best Congress, or an employee of a Member the certification required above will not of his or her knowledge and belief, that: of Congress in connection with this necessarily result in denial of (1) No Federal appropriated funds commitment providing for the United participation in this covered have been paid or will be paid, by or on States to insure or guarantee a loan, the transaction. If necessary, the prospective behalf of the undersigned, to any person undersigned shall complete and submit participant shall submit an explanation for influencing or attempting to Standard Form—LLL ‘‘Disclosure Form of why it cannot provide the influence an officer or employee of any to Report Lobbying,’’ in accordance with certification. The certification or agency, a Member of Congress, an its instructions. explanation will be considered in officer or employee of Congress, or an Submission of this statement is a connection with the Department of employee of a Member of Congress in prerequisite for making or entering into Health and Human Services’ (HHS) connection with the awarding of any this transaction imposed by section determination whether to enter into this Federal contract, the making of any 1352, title 31, U.S. Code. Any person transaction. However, failure of the Federal grant, the making of any Federal who fails to file the required statement prospective primary participant to loan, the entering into of any shall be subject to a civil penalty of not furnish a certification or an explanation cooperative agreement, and the less than $10,000 and not more than shall disqualify such person from extension, continuation, renewal, $100,000 for each such failure. participation in this transaction. amendment, or modification of any lllllllllllllllllllll The prospective primary participant Federal contract, grant, loan, or Signature agrees that by submitting this proposal, cooperative agreement. lllllllllllllllllllll it will include the clause entitled (2) If any funds other than Federal Title ‘‘Certification Regarding Debarment, appropriated funds have been paid or lllllllllllllllllllll Suspension, Ineligibility, and Voluntary will be paid to any person for Organization Exclusion—Lower Tier Covered influencing or attempting to influence lllllllllllllllllllll Transactions’’ provided below without an officer or employee of any agency, a Date modification in all lower tier covered Member of Congress, an officer or BILLING CODE 4184±01±M Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41921

BILLING CODE 4184±01±C 41922 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Certification Regarding Environmental either directly or through State or local By signing and submitting this Tobacco Smoke governments, by Federal grant, contract, application the applicant/grantee loan, or loan guarantee. The law does certifies that it will comply with the Public Law 103–227, Part C— not apply to children’s services requirements of the Act. The applicant/ Environmental Tobacco Smoke, also provided in private residences, facilities grantee further agrees that it will require known as the Pro-Children Act of 1994 funded solely by Medicare or Medicaid the language of this certification be (Act), requires that smoking not be funds, and portions of facilities used for included in any subawards which permitted in any portion of any indoor inpatient drug or alcohol treatment. contain provisions for children’s facility owned or leased or contracted Failure to comply with the provisions of services and that all subgrantees shall for by an entity and used routinely or the law may result in the imposition of certify accordingly. regularly for the provision of health, day a civil monetary penalty of up to $1,000 care, education, or library services to per day and/or the imposition of an [FR Doc. 96–20365 Filed 8–9–96; 8:45 am] children under the age of 18, if the administrative compliance order on the BILLING CODE 4184±01±M services are funded by Federal programs responsible entity. federal register August 12,1996 Monday Notice Tests andAnalysis;ProposedRule 25.1435±1, HydraulicSystemCertification Correction; ProposedAdvisoryCircular for TransportCategoryAirplanes: With EuropeanAirworthinessStandards Airworthiness StandardsToHarmonize Revision ofHydraulicSystems 14 CFRPart25 Federal AviationAdministration Transportation Department of Part IV 41923 41924 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION Federal Register on July 3, 1996 (61 FR Register on July 3, 1996 (61 FR 35056), 35056), which would amend the make the following corrections: Federal Aviation Administration airworthiness standards for transport 1. On page 35056, column 1, last category airplanes to harmonize 14 CFR Part 25 paragraph in the column, change the hydraulic systems design and test internet address from [Docket No. 28617; Notice No. 96±6] requirements with standards proposed ‘‘[email protected].’’ to for the European Joint Aviation RIN 2120±AF79 ‘‘[email protected].’’. Requirements (JAR). Inadvertent errors Revision of Hydraulic Systems were made in two places in that NPRM. § 25.1435 [Corrected] This action corrects those errors. Airworthiness Standards To 2. On page 35060, in column 3, in Harmonize With European FOR FURTHER INFORMATION CONTACT: § 24.1435, in paragraph (b)(1) Jan Thor, Regulations Branch, ANM– Airworthiness Standards for Transport introductory text, line 3, remove the 114, Transport Airplane Directorate, Category Airplanes: Correction period after the word ‘‘parameters’’ and Aircraft Certification Service, 1601 Lind add ‘‘, if:’’ in its place. AGENCY: Federal Aviation Ave. SW, Renton, WA 98055–4056, Administration (FAA), DOT. telephone (206) 227–2127. Issued in Washington, D.C. on August 5, ACTION: Notice of proposed rulemaking; 1996. correction. SUPPLEMENTARY INFORMATION: Donald P. Byrne, SUMMARY: This document contains a Correction of Publication Assistant Chief Counsel. correction to the Notice of proposed In the NPRM document (FR Doc. 96– [FR Doc. 96–20386 Filed 8–9–96; 8:45 am] rulemaking (NPRM) published in the 17034) published in the Federal BILLING CODE 4910±13±M Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41925

DEPARTMENT OF TRANSPORTATION (61 FR 35062). In the ‘‘Discussion’’ Register on July 3, 1996 (61 FR 35062), section of that notice, the FAA make the following correction: On page Federal Aviation Administration inadvertently left out the Notice No. of 35062, column 3, third paragraph, insert the Notice of proposed rulemaking the number ‘‘6’’ in place of ‘‘[insert Proposed Advisory Circular 25.1435±1, (NPRM) to which the proposed AC notice number of NPRM entitled, Hydraulic System Certification Tests relates. This action corrects that and Analysis ‘‘Revision of Hydraulic Systems omission. Airworthiness Standards to Harmonize AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: with European Airworthiness Standards Administration (FAA), DOT. Jan Thor, Regulations Branch, ANM– for Transport Category Airplanes’’)’’. ACTION: Notice of availability of 114, Transport Airplane Directorate, Issued in Renton, Washington, on July 23, proposed advisory circular (AC) Aircraft Certification Service, 1601 Lind 1996. 25.1435–1 and request for comments; Ave. SW, Renton, Washington 98055– Stewart R. Miller, correction. 4056, telephone: 206–227–2127. Acting Manager, Transport Airplane SUMMARY: This document contains a SUPPLEMENTARY INFORMATION: Directorate, Aircraft Certification Service, correction to the Notice of availability of Correction of Publication ANM–100 proposed advisory circular AC 25.1435– [FR Doc. 96–20387 Filed 8–9–96; 8:45 am] 1 and request for comments, published In the notice document (FR Doc. 96– BILLING CODE 4910±13±M in the Federal Register on July 3, 1996 17035) published in the Federal federal register August 12,1996 Monday Notice Regulatory WaiverRequestsGranted; Office oftheSecretary Development Housing andUrban Department of Part V 41927 41928 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

DEPARTMENT OF HOUSING AND publishing a notice in the Federal provided in the Appendix that follows URBAN DEVELOPMENT Register. These notices (each covering this notice. the period since the most recent Dated: August 1, 1996. Office of the Secretary previous notification) shall: Henry G. Cisneros, a. Identify the project, activity, or [Docket No. FR±4098±N±01] undertaking involved; Secretary. Notice of Regulatory Waiver Requests b. Describe the nature of the provision Appendix—Listing of Waivers of Regulatory Granted waived, and the designation of the Requirements Granted by Officers of the provision; Department of Housing and Urban AGENCY: Office of the Secretary, HUD. c. Indicate the name and title of the Development January 1, 1996 Through March 31, 1996 ACTION: Public Notice of the Granting of person who granted the waiver request; Regulatory Waivers. Request: January 1, d. Describe briefly the grounds for Note to Reader: The person to be contacted 1996 through March 31, 1996. approval of the request; for additional information about these e. State how additional information waiver-grant items in this listing is: Mr. James B. Mitchell, Director, Financial SUMMARY: Under the Department of about a particular waiver grant action may be obtained. Services Division, U.S. Department of Housing and Urban Development Housing and Urban Development, 470 Reform Act of 1989 (Reform Act), the Section 106 also contains requirements applicable to waivers of L’Enfant Plaza East, Suite 3119, Washington, Department (HUD) is required to make D.C. 20024, Phone: (202) 755–7450 x125; public all approval actions taken on HUD handbook provisions that are not hearing and speech-impaired individuals waivers of regulations. This notice is the relevant to the purposes of today’s may call HUD’s TTY toll-free number at 1– twenty-first in a series, being published document. 800–877–8391. Today’s document follows on a quarterly basis, providing Regulation: 24 CFR 811.106(d) and notification of waivers granted during publication of HUD’s Statement of Policy on Waiver of Regulations and 811.107(d) of 1977 Regulations. the preceding reporting period. The Project/Activity: New Orleans HDC purpose of this notice is to comply with Directives issued by HUD (56 FR 16337, April 22, 1991). This is the twenty-first refunding of bonds which financed an the requirements of Section 106 of the uninsured Section 8 assisted project: Reform Act. notice of its kind to be published under Section 106. It updates HUD’s waiver- Tivoli Place, Project No. LA48–0021– FOR FURTHER INFORMATION CONTACT: For grant activity from January 1, 1996 005. general information about this Notice, through March 31, 1996. Nature of Requirement: The contact Camille E. Acevedo, Assistant For ease of reference, waiver requests regulations set conditions under which General Counsel for Regulations, Room granted by departmental officials HUD may grant a Section 11(b) letter of 10276, Department of Housing and authorized to grant waivers are listed in exemption of multifamily housing Urban Development, 451 Seventh Street, a sequence keyed to the section number revenue bonds from Federal income SW, Washington, DC 20410; telephone of the HUD regulation involved in the taxation. 202–708–3055; TTY: (202) 708–3259. waiver action. For example, a waiver- Granted by: Nicolas P. Retsinas, (These are not toll-free numbers.) For grant action involving exercise of Assistant Secretary for Housing-FHA information concerning a particular authority under 24 CFR 24.200 Commissioner. waiver action, about which public (involving the waiver of a provision in Date Granted: March 27, 1996. notice is provided in this document, part 24) would come early in the Reasons Waived: The part 811 contact the person whose name and sequence, while waivers in the Section regulations cited above prohibited address is set out, for the particular 8 and Section 202 programs (24 CFR refundings and required that excess item, in the accompanying list of Chapter VIII) would be among the last reserve balances be used for project waiver-grant actions. matters listed. Where more than one purposes. The Project Owner has SUPPLEMENTARY INFORMATION: As part of regulatory provision is involved in the requested HUD permission to release the Housing and Urban Development grant of a particular waiver request, the excess reserve balances from the 1979 Reform Act of 1989, the Congress action is listed under the section Trust Indenture to retire a portion of adopted, at HUD’s request, legislation to number of the first regulatory partnership debt and fund project limit and control the granting of requirement in title 24 that is being repairs. Issuance of Refunding Bonds regulatory waivers by the Department. waived as part of the waiver-grant under Section 103 of the Tax Code will Section 106 of the Act (Section 7(q)(3)) action. (For example, a waiver of both not reduce project debt service nor of the Department of Housing and Urban § 811.105(b) and § 811.107(a) would generate Section 8 savings. The Project Development Act, 42 U.S.C. 3535(q)(3), appear sequentially in the listing under Owner will execute a HUD Use provides that: § 811.105(b).) Waiver-grant actions Agreement to maintain low-income 1. Any waiver of a regulation must be involving the same initial regulatory project occupancy for 10 years after in writing and must specify the grounds citation are in time sequence beginning expiration of Section 8 subsidies. for approving the waiver; with the earliest-dated waiver grant Regulation: 24 CFR 811.107(a)(2), 2. Authority to approve a waiver of a action. 811.107(b), 811.108(a)(1), 811.108(a)(3), regulation may be delegated by the Should the Department receive 811.114(b)(3), and 811.115(b). Secretary only to an individual of additional reports of waiver actions Project/Activity: The Greenville, Assistant Secretary rank or equivalent taken during the period covered by this North Carolina Housing Authority rank, and the person to whom authority report before the next report is refunding of bonds which financed a to waive is delegated must also have published, the next updated report will Section 8 assisted project, Greentree authority to issue the particular include these earlier actions, as well as Village Apartments, FHA No. 053– regulation to be waived; those that occur between April 1, 1996 35428. 3. Not less than quarterly, the through June 30, 1996. Nature of Requirement: The Secretary must notify the public of all Accordingly, information about regulations set conditions under which waivers of regulations that the approved waiver requests pertaining to HUD may grant a Section 11(b) letter of Department has approved, by regulations of the Department is exemption of multifamily housing Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41929 revenue bonds from Federal income priced to an average yield of 6.05%. The reducing FHA mortgage insurance risk. taxation and authorize call of tax-exempt refunding bond issue of The refunding serves the important debentures prior to maturity. $1,640,000 at current low-interest rates public purposes of reducing HUD’s Granted by: Nicolas P. Retsinas, will save Section 8 subsidy. The Section 8 program costs, funding Assistant Secretary for Housing-Federal Treasury also gains long-term tax $50,000 for project repairs, improving Housing Commissioner. revenue benefits through replacement of Treasury tax revenues, (helping reduce Date Granted: February 26, 1996. outstanding tax-exempt coupons of the budget deficit), and increasing the Reasons Waived: The part 811 8.6% at the call date in 1996 with tax- likelihood that projects will continue to regulations cited above were intended exempt bonds at a substantially lower provide housing for low-income for original bond financing transactions interest rate. The refunding will also families after subsidies expire, a priority and do not fit the terms of refunding substantially reduce the FHA mortgage HUD objective. transactions. To credit enhance interest rate at expiration of the HAP Regulation: 24 CFR Sections refunding bonds not fully secured by contract, from 8.55% to 4.45%, thus 811.107(a)(2), 811.107(b), 811.108(a)(1), the FHA mortgage amount, HUD also reducing FHA mortgage insurance risk. 811.108(a)(3), 811.114(b)(3), and agrees not to exercise its option under The refunding serves the important 811.115(b). 24 CFR Section 207.259(e) to call public purposes of reducing HUD’s Project/Activity: The Comanche debentures prior to maturity. This Section 8 program costs, improving County, Oklahoma Home Finance refunding proposal was approved by Treasury tax revenues, (helping reduce Authority refunding of bonds which HUD on February 1, 1996. Refunding the budget deficit), providing $96,474 financed a Section 8 assisted project, the bonds have been priced to an average for project repairs, and increasing the Ambassador Apartments, FHA No. 117– yield of 5.80%. The tax-exempt likelihood that projects will continue to 35153. refunding bond issue of $1,395,000 at provide housing for low-income Nature of Requirement: The current low-interest rates will save families after subsidies expire, a priority regulations set conditions under which Section 8 subsidy. The Treasury also HUD objective. HUD may grant a Section 11(b) letter of gains long-term tax revenue benefits Regulation: 24 CFR 811.107(a)(2), exemption of multifamily housing through replacement of outstanding tax- 811.107(b), 811.108(a)(1), 811.108(a)(3), revenue bonds from Federal income exempt coupons of 10% at the call date 811.114(b)(3), and 811.115(b). taxation and authorize call of in 1996 with tax-exempt bonds at a Project/Activity: The New Lexington debentures prior to maturity. substantially lower interest rate. The (Ohio) HDC refunding of bonds which Granted by: Nicolas P. Retsinas, refunding will also substantially reduce financed a Section 8 assisted project, Assistant Secretary for Housing-Federal the FHA mortgage interest rate at Lincoln Park Apartments, FHA No. 043– Housing Commissioner. expiration of the HAP contract, thus 35181. Date Granted: March 27, 1996. reducing FHA mortgage insurance risk. Nature of Requirement: The Reasons Waived: The part 811 The refunding serves the important regulations set conditions under which regulations cited above were intended public purposes of reducing HUD’s HUD may grant a Section 11(b) letter of for original bond financing transactions Section 8 program costs, funding exemption of multifamily housing and do not fit the terms of refunding $45,000 for project repairs, improving revenue bonds from Federal income transactions. To credit enhance Treasury tax revenues, (helping reduce taxation and authorize call of refunding bonds not fully secured by the budget deficit), and increasing the debentures prior to maturity. the FHA mortgage amount, HUD also likelihood that projects will continue to Granted by: Nicolas P. Retsinas, agrees not to exercise its option under provide housing for low-income Assistant Secretary for Housing-Federal 24 CFR Section 207.259(e) to call families after subsidies expire, a priority Housing Commissioner. debentures prior to maturity. This HUD objective. Date Granted: March 14, 1996. refunding proposal was approved by Regulation: 24 CFR 811.107(a)(2), Reasons Waived: The part 811 HUD on January 31, 1996. Refunding 811.107(b), 811.108(a)(1), 811.108(a)(3), regulations cited above were intended bonds have been priced to an average 811.114(b)(3), 811.115(b). for original bond financing transactions yield of 6.12%. The tax-exempt Project/Activity: The Hugo, Oklahoma and do not fit the terms of refunding refunding bond issue of $1,660,000 at Housing Authority refunding of bonds transactions. To credit enhance current low-interest rates will save which financed a Section 8 assisted refunding bonds not fully secured by Section 8 subsidy. The Treasury also project, the Southwind Acres the FHA mortgage amount, HUD also gains long-term tax revenue benefits Apartments, FHA No. 118–35098. agrees not to exercise its option under through replacement of outstanding tax- Nature of Requirement: The 24 CFR Section 207.259(e) to call exempt coupons of 10.1% at the call regulations set conditions under which debentures prior to maturity. This date in 1996 with tax-exempt bonds at HUD may grant a Section 11(b) letter of refunding proposal was approved by a substantially lower interest rate. The exemption of multifamily housing HUD on February 7, 1996. Refunding refunding will also substantially reduce revenue bonds from Federal income bonds have been priced to an average the FHA mortgage interest rate at taxation. yield of 5.85%. The tax-exempt expiration of the HAP contract, thus Granted by: Nicolas P. Retsinas, refunding bond issue of $1,130,000 at reducing FHA mortgage insurance risk. Assistant Secretary for Housing-Federal current low-interest rates will save The refunding serves the important Housing Commissioner. Section 8 subsidy. The Treasury also public purposes of reducing HUD’s Date Granted: March 6, 1996. gains long-term tax revenue benefits Section 8 program costs, funding Reasons Waived: The part 811 through replacement of outstanding tax- $75,000 for project repairs, improving regulations cited above were intended exempt coupons of 11% at the call date Treasury tax revenues, (helping reduce for original bond financing transactions in 1996 with tax-exempt bonds at a the budget deficit), and increasing the and do not fit the terms of refunding substantially lower interest rate. The likelihood that projects will continue to transactions. This refunding proposal refunding will also substantially reduce provide housing for low-income was approved by HUD on February 16, the FHA mortgage interest rate at families after subsidies expire, a priority 1996. Refunding bonds have been expiration of the HAP contract, thus HUD objective. 41930 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Note to Reader: The person to be contacted allowable under the Federal or State its participation in HUD’s Loan for additional information about these project-based rental subsidy program. Securitization demonstration project. waiver-grant items in this listing is: Debbie Granted by: Andrew Cuomo, Assistant The waiver will permit the State to Ann Wills, Field Management Officer, U.S. Secretary for Community Planning and calculate the amount of program income Department of Housing & Urban Development. generated through the sale as the net Development, Office of Community Planning Date Granted: January 23, 1996. and Development, 451 7th Street, S.W., Room proceeds after the costs of arranging the 7152, Washington, D.C. 20410–7000, Reasons Waived: The application of transaction have been deducted. Telephone: (202) 708–2565; hearing and 24 CFR 92.252(a)(2)(i)(B) of the HOME Regulation: 24 CFR 572.115(a)(1). speech-impaired individuals may call HUD’s regulations would create an undue Project/Activity: The City of Port TTY toll-free number at 1–800–877–8391. hardship for this rental project and the Arthur, Texas requested a waiver to self-sufficiency tenants it serves. Regulation: 24 CFR 92.2. extend the time permitted for the Project/Activity: The City of Chicago, Regulation: 24 CFR 92.258. transfer of HOPE 3 properties to eligible Illinois requested, on behalf of the GSW Project/Activity: The City of families. Residential Corporation, a waiver of part Arlington, Texas requested a waiver of Nature of Requirement: The 24 CFR 92.2 that requires a community 24 CFR 92.258 of the HOME regulations regulations at CFR 572.115(a)(1) require housing development organization to waive the 30 year affordability period that units in eligible properties must be (CHDO) to have a tax exempt ruling for low-income homebuyers receiving transferred to eligible families within from the IRS. The waiver would allow HOME assistance. two years of the effective date of the an organization, with a pending IRS Nature of Requirement: 24 CFR HOPE 3 implementation grant. The non-profit status determination, to 92.258 provides for a limitation on the HUD field office may approve a request qualify for HOME funds as a CHDO. use of HOME funds with FHA mortgage for an extension of a period not to Nature of Requirement: The HOME insurance for a period of time equal to exceed one year of that deadline. regulations at 24 CFR 92.2 require a the term of the HUD insured mortgage. Granted by: Andrew Cuomo, Assistant Granted by: Andrew Cuomo, Assistant community housing development Secretary for Community Planning & Secretary for Community Planning and organization (CHDO) to have a tax Development. Development. exempt ruling from the IRS. Date Granted: January 25, 1996. Date Granted: January 25, 1996. Granted by: Andrew Cuomo, Assistant Reasons Waived: Based on progress Reasons Waived: The application of made in transferring the subject Secretary for Community Planning and Section 92.258 of the HOME regulations Development. properties, the Assistant Secretary to the City’s program would create an found good cause to extend the property Date Granted: February 8, 1996. undue hardship for the City of Arlington Reasons Waived: The waiver allows deadline transfer for one year. and its potential homeowners, and the city to meet its requirement to adversely affect the purposes of the Act. Regulation: 24 CFR 572.115(a)(1). reserve at least 15 percent of its funds Project/Activity: The Housing Regulation: 24 CFR 511.76(h). to CHDOs and thus not lose that amount Authority of the Choctaw Nation of Project/Activity: The City of in program funding. Oklahoma requested a waiver to extend Texarkana, Texas requested a waiver of the time permitted for the transfer of Regulation: 24 CFR 92.252(a)(2)(i)(B). program closeout requirements of the HOPE 3 properties to eligible families. Project/Activity: Lexington-Fayette Rental Rehabilitation program. Urban County, a HOME participating Nature of Requirement: The Nature of Requirement: The jurisdiction, requested a waiver of the regulations at 24 CFR 511.76(h) cite regulations at CFR 572.115(a)(1) require HOME Program regulation at 24 CFR when proceeds received from Rental that units in eligible properties must be 92.252(a)(2)(i)(B) to permit Section 8 Rehabilitation loans become program transferred to eligible families within rents to be charged instead of HOME income. two years of the effective date of the rents for a HOME-assisted rental project. Granted by: Andrew Cuomo, Assistant HOPE 3 implementation grant. The The project is used as the housing Secretary for Community Planning and HUD field office may approve a request resource for a self-sufficiency program Development for an extension of a period not to for single parents who are participating Date Granted: March 25, 1996. exceed one year of that deadline. in an educational program. The county Reasons Waived: The City of Granted by: Andrew Cuomo, Assistant provides Section 8 assistance to each Texarkana, a State of Texas Rental Secretary for Community Planning & eligible participant who moves into Rehabilitation grantee, had not yet met Development. Virginia Place. Based on the design of the requirements for program closeout. Date Granted: January 25, 1996. their self-sufficiency program and the The waiver allowed the City to use its Reasons Waived: Based on progress use of Virginia Place for this purpose program income to provide affordable made in transferring the subject solely, the county asserted that the rental housing to low income residents. properties, the Assistant Secretary Section 8 assistance is equivalent to Regulation: 24 CFR 570.489(e)(1)(vii). found good cause to extend the property project-based assistance, and therefore, Project/Activity: The State of South deadline transfer for one year. Section 8 rents should be permitted. Carolina requested a waiver of the State Regulation: 24 CFR 572.115(a)(1). Nature of Requirement: The CDBG regulations at 24 CFR Project/Activity: The Texas regulation at 24 CFR 92.252(a)(2)(i)(B) 570.489(e)(1)(vii). Department of Housing and Community describes one of the options for Nature of Requirement: The State Affairs requested a waiver to extend the establishing rents for 20 percent of the requested a waiver of the regulations time permitted for the transfer of HOPE HOME-assisted units in a rental project. that set the standards for program 3 properties to eligible families. Low HOME rents may be set at 30 income. Nature of Requirement: The percent of the family’s monthly adjusted Granted by: Andrew Cuomo, Assistant regulations at CFR 572.115(a)(1) require income, unless the project also receives Secretary for Community Planning and that units in eligible properties must be Federal or State project-based Development. transferred to eligible families within assistance. In those cases, maximum Date Granted: January 26, 1996. two years of the effective date of the rents (i.e. tenant contribution plus Reasons Waived: The State was HOPE 3 implementation grant. The project-based rental subsidy) is the rent granted the waiver in order to continue HUD field office may approve a request Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41931 for an extension of a period not to Nature of Requirement: The extend the time permitted for the exceed one year of that deadline. regulations at CFR 572.115(a)(1) require transfer of HOPE 3 properties to eligible Granted by: Andrew Cuomo, Assistant that units in eligible properties must be families. Secretary for Community Planning & transferred to eligible families within Nature of Requirement: The Development. two years of the effective date of the regulations at CFR 572.115(a)(1) require Date Granted: January 25, 1996. HOPE 3 implementation grant. The that units in eligible properties must be Reasons Waived: Based on progress HUD field office may approve a request transferred to eligible families within made in transferring the subject for an extension of a period not to two years of the effective date of the properties, the Assistant Secretary exceed one year of that deadline. HOPE 3 implementation grant. The found good cause to extend the property Granted by: Andrew Cuomo, Assistant HUD field office may approve a request deadline transfer for one year. Secretary for Community Planning & for an extension of a period not to Regulation: 24 CFR 572.115(a)(1). Development. exceed one year of that deadline. Project/Activity: Santa Ana Date Granted: January 25, 1996. Granted by: Andrew Cuomo, Assistant Neighborhood Housing Services, Inc., of Reasons Waived: Based on progress Secretary for Community Planning & Santa Ana California requested a waiver made in transferring the subject Development to extend the time permitted for the properties, the Assistant Secretary Date Granted: January 25, 1996 transfer of HOPE 3 properties to eligible found good cause to extend the property Reasons Waived: Based on progress families. transfer deadline for one year. made in transferring the subject Nature of Requirement: The Regulation: 24 CFR 572.115(a)(1). properties, the Assistant Secretary regulations at CFR 572.115(a)(1) require Project/Activity: The City of found good cause to extend the property that units in eligible properties must be Indianapolis, Indiana requested a deadline transfer for one year. transferred to eligible families within waiver to extend the time permitted for Regulation: 24 CFR 572.115(a)(1). two years of the effective date of the the transfer of HOPE 3 properties to Project/Activity: Baltimore Housing HOPE 3 implementation grant. The eligible families. Partnership of Baltimore, Maryland HUD field office may approve a request Nature of Requirement: The requested a waiver to extend the time for an extension of a period not to regulations at CFR 572.115(a)(1) require permitted for the transfer of HOPE 3 exceed one year of that deadline. that units in eligible properties must be properties to eligible families. Granted by: Andrew Cuomo, Assistant transferred to eligible families within Nature of Requirement: The Secretary for Community Planning & two years of the effective date of the regulations at CFR 572.115(a)(1) require Development. HOPE 3 implementation grant. The that units in eligible properties must be Date Granted: January 25, 1996. HUD field office may approve a request transferred to eligible families within Reasons Waived: Based on progress for an extension of a period not to two years of the effective date of the made in transferring the subject exceed one year of that deadline. HOPE 3 implementation grant. The properties, the Assistant Secretary Granted by: Andrew Cuomo, Assistant HUD field office may approve a request found good cause to extend the property Secretary for Community Planning & for an extension of a period not to transfer deadline for one year. Development exceed one year of that deadline. Date Granted: January 25, 1996. Granted by: Andrew Cuomo, Assistant Regulation: 24 CFR 572.115(a)(1). Reasons Waived: Based on progress Secretary for Community Planning & Project/Activity: Comprehensive made in transferring the subject Development. Community Action, Inc. of properties, the Assistant Secretary Date Granted: January 25, 1996. Massachusetts requested a waiver to found good cause to extend the property Reasons Waived: Based on progress extend the time permitted for the deadline transfer for one year. made in transferring the subject transfer of HOPE 3 properties to eligible Regulation: 24 CFR 572.115(a)(1) properties, the Assistant Secretary families. Project/Activity: The City of New found good cause to extend the property Nature of Requirement: The York, New York requested a waiver to deadline transfer for one year. regulations at CFR 572.115(a)(1) require extend the time permitted for the Regulation: 24 CFR 572.115(a)(1). that units in eligible properties must be transfer of HOPE 3 properties to eligible Project/Activity: People’s Housing transferred to eligible families within families. Group of Maryland requested a waiver two years of the effective date of the Nature of Requirement: The to extend the time permitted for the HOPE 3 implementation grant. The regulations at CFR 572.115(a)(1) require transfer of HOPE 3 properties to eligible HUD field office may approve a request that units in eligible properties must be families. for an extension of a period not to transferred to eligible families within Nature of Requirement: The exceed one year of that deadline. two years of the effective date of the regulations at CFR 572.115(a)(1) require Granted by: Andrew Cuomo, Assistant HOPE 3 implementation grant. The that units in eligible properties must be Secretary for Community Planning & HUD field office may approve a request transferred to eligible families within Development. for an extension of a period not to two years of the effective date of the Date Granted: January 25, 1996. exceed one year of that deadline. HOPE 3 implementation grant. The Reasons Waived. Based on progress Granted by: Andrew Cuomo, Assistant HUD field office may approve a request made in transferring the subject Secretary for Community Planning & for an extension of a period not to properties, the Assistant Secretary Development exceed one year of that deadline. found good cause to extend the property Date Granted: January 25, 1996. Granted by: Andrew Cuomo, Assistant transfer deadline for one year. Reasons Waived: Based on progress Secretary for Community Planning & Regulation: 24 CFR 572.115(a)(1). made in transferring the subject Development. Project/Activity: Comprehensive properties, the Assistant Secretary Date Granted: January 25, 1996. Community Action, Inc., of found good cause to extend the property Reasons Waived: Based on progress Massachusetts requested a waiver to deadline transfer for one year. made in transferring the subject extend the time permitted for the Regulation: 24 CFR 572.115(a)(1). properties, the Assistant Secretary transfer of HOPE 3 properties to eligible Project/Activity: The City of Grand found good cause to extend the property families. Prairie, Texas requested a waiver to deadline transfer for one year. 41932 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

Regulation: 24 CFR 572.115(a)(1). properties, the Assistant Secretary Granted by: Andrew Cuomo, Assistant Project/Activity: The City of Boston’s found good cause to extend the property Secretary for Community Planning & Public Facilities Department requested a deadline transfer for one year. Development. waiver to extend the time permitted for Regulation: 24 CFR 572.115(a)(1). Date Granted: February 8, 1996. the transfer of HOPE 3 properties to Project/Activity: The West Maryland Reasons Waived: Based on progress eligible families. Interfaith Housing Development made in transferring the subject Nature of Requirement: The Corporation requested a waiver to properties, the Assistant Secretary regulations at CFR 572.115(a)(1) require extend the time permitted for the found good cause to extend the property that units in eligible properties must be transfer of HOPE 3 properties to eligible deadline transfer for one year. transferred to eligible families within families. Regulation: 24 CFR 572.115(a)(1). two years of the effective date of the Nature of Requirement: The Project/Activity: Tampa Bay HOPE 3 implementation grant. The regulations at CFR 572.115(a)(1) require Community Development Corporation HUD field office may approve a request that units in eligible properties must be of Tampa, Florida requested a waiver to for an extension of a period not to transferred to eligible families within extend the time permitted for the exceed one year of that deadline. two years of the effective date of the transfer of HOPE 3 properties to eligible Granted by: Andrew Cuomo, Assistant HOPE 3 implementation grant. The families. Secretary for Community Planning & HUD field office may approve a request Nature of Requirement: The Development. for an extension of a period not to regulations at CFR 572.115(a)(1) require Date Granted: February 8, 1996. exceed one year of that deadline. that units in eligible properties must be Reasons Waived: Based on progress Granted by: Andrew Cuomo, Assistant transferred to eligible families within made in transferring the subject Secretary for Community Planning & two years of the effective date of the properties, the Assistant Secretary Development. HOPE 3 implementation grant. The found good cause to extend the property Date Granted: February 8, 1996. HUD field office may approve a request deadline transfer for one year. Reasons Waived: Based on progress for an extension of a period not to Regulation: 24 CFR 572.115(a)(1). made in transferring the subject exceed one year of that deadline. Project/Activity: Chicanos Por La properties, the Assistant Secretary Granted by: Andrew Cuomo, Assistant Causa of California requested a waiver found good cause to extend the property Secretary for Community Planning & to extend the time permitted for the transfer deadline for one year. Development. transfer of HOPE 3 properties to eligible Regulation: 24 CFR 572.115(a)(1). Date Granted: February 8, 1996. families. Project/Activity: The Texas Reasons Waived: Based on progress Nature of Requirement: The Department of Housing and Community made in transferring the subject regulations at CFR 572.115(a)(1) require Affairs and Habitat of Humanity, Inc., properties, the Assistant Secretary that units in eligible properties must be requested a waiver to extend the time found good cause to extend the property transferred to eligible families within permitted for the transfer of HOPE 3 deadline transfer for one year. two years of the effective date of the properties to eligible families. Regulation: 24 CFR 572.115(a)(1) HOPE 3 implementation grant. The Nature of Requirement: The Project/Activity: The City of Dallas, HUD field office may approve a request regulations at CFR 572.115(a)(1) require Texas requested a waiver to extend the for an extension of a period not to that units in eligible properties must be time permitted for the transfer of HOPE exceed one year of that deadline. transferred to eligible families within 3 properties to eligible families. Granted by: Andrew Cuomo, Assistant two years of the effective date of the Nature of Requirement: The Secretary for Community Planning & HOPE 3 implementation grant. The regulations at CFR 572.115(a)(1) require Development. HUD field office may approve a request that units in eligible properties must be Date Granted: February 8, 1996. for an extension of a period not to transferred to eligible families within Reasons Waived: Based on progress exceed one year of that deadline. two years of the effective date of the made in transferring the subject Granted by: Andrew Cuomo, Assistant HOPE 3 implementation grant. The properties, the Assistant Secretary Secretary for Community Planning & HUD field office may approve a request found good cause to extend the property Development. for an extension of a period not to transfer deadline for one year. Date Granted: February 8, 1996. exceed one year of that deadline. Regulation: 24 CFR 572.115(a)(1). Reasons Waived: Based on progress Granted by: Andrew Cuomo, Assistant Project/Activity: The City of Austin, made in transferring the subject Secretary for Community Planning & Texas requested a waiver to extend the properties, the Assistant Secretary Development. time permitted for the transfer of HOPE found good cause to extend the property Date Granted: February 16, 1996. 3 properties to eligible families. deadline transfer for one year. Reasons Waived: Based on progress Nature of Requirement: The Regulation: 24 CFR 572.115(a)(1). made in transferring the subject regulations at CFR 572.115(a)(1) require Project/Activity: Operation Impact of properties, the Assistant Secretary that units in eligible properties must be St. Louis, Missouri, Inc., requested a found good cause to extend the property transferred to eligible families within waiver to extend the time permitted for deadline transfer for one year. two years of the effective date of the the transfer of HOPE 3 properties to Regulation: 24 CFR 572.115(a)(1). HOPE 3 implementation grant. The eligible families. Project/Activity: Community Building HUD field office may approve a request Nature of Requirement: The Group Inc., Baltimore, Maryland for an extension of a period not to regulations at CFR 572.115(a)(1) require requested a waiver to extend the time exceed one year of that deadline. that units in eligible properties must be permitted for the transfer of HOPE 3 Granted by: Andrew Cuomo, Assistant transferred to eligible families within properties to eligible families. Secretary for Community Planning & two years of the effective date of the Nature of Requirement: The Development HOPE 3 implementation grant. The regulations at CFR 572.115(a)(1) require Date Granted: February 8, 1996. HUD field office may approve a request that units in eligible properties must be Reasons Waived: Based on progress for an extension of a period not to transferred to eligible families within made in transferring the subject exceed one year of that deadline. two years of the effective date of the Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41933

HOPE 3 implementation grant. The S.W., Room B–133, Washington, D.C. 20410 Granted By: Kevin Emanuel HUD field office may approve a request (202) 755–0032; hearing and speech-impaired Marchman, Acting Assistant Secretary for an extension of a period not to individuals may call HUD’s TTY toll-free for Public and Indian Housing. exceed one year of that deadline. number at 1–800–877–8391. Date Granted: February 1, 1996. Granted by: Andrew Cuomo, Assistant Regulation: 24 CFR 950.325. Reason Waived: Approval of the Secretary for Community Planning & Project/Activity: Establishment of waiver, which provides for an extended Development. ceiling rents for Sault Ste. Marie Tribe term of the certificate, prevented Date Granted: February 16, 1996. of Chippewa Indians Housing hardship to the certificate-holder whose Reasons Waived: Based on progress Authority. multiple chemical sensitivities severely made in transferring the subject Nature of the Requirement: Waiver of limit his ability to find a suitable rental properties, the Assistant Secretary the regulation cited above is required to unit. found good cause to extend the property allow establishment of ceiling rents for Regulation: 24 CFR 982.303(b). deadline transfer for one year. their Low Rent Program. Project/Activity: Executive Office of Regulation: 24 CFR 572.115(a)(1). Granted By: Kevin Emanuel Communities & Development (MA), Project/Activity: The City of College Marchman, Acting Assistant Secretary Section 8 Certificate Program. Station, Texas requested a waiver to for Public and Indian Housing. Nature of Requirement: The extend the time permitted for the Date Granted: March 15, 1996. regulation provides for a maximum term transfer of HOPE 3 properties to eligible Reason Waived: This waiver was of 120 days during which a certificate- families. requested and granted to allow the Sault holder may seek housing to be leased Nature of Requirement: The Ste. Marie Tribe of Chippewa Indians under the program. regulations at CFR 572.115(a)(1) require Housing Authority to establish ceiling Granted By: Kevin Emanuel that units in eligible properties must be rents for their low rent program in Marchman, Acting Assistant Secretary transferred to eligible families within accordance with PIH Notice 89–21 and for Public and Indian Housing. two years of the effective date of the 95–68, which provides for the Date Granted: February 6, 1996. HOPE 3 implementation grant. The establishment of ceiling rents in a low Reason Waived: Approval of the HUD field office may approve a request rent Indian housing program and the waiver, which provided for an extension for an extension of a period not to use of actual debt service. of the certificate term, prevented exceed one year of that deadline. Regulation: 24 CFR 950.325. hardship to the family consisting of a Granted By: Andrew Cuomo, Project/Activity: Establishment of single parent and a disabled child. The Assistant Secretary for Community ceiling rents for Northern Circle Indian family was forced to move from the unit Planning & Development. Housing Authority. where it had received assistance after Date Granted: February 23, 1996. Nature of the Requirement: Waiver of the owner refused to correct housing Reasons Waived: Based on progress the regulation cited above is required to quality standards deficiencies. The made in transferring the subject allow establishment of ceiling rents for family lives in a rural area where properties, the Assistant Secretary their Low Rent Program. services are not universally available. found good cause to extend the property Granted By: Kevin Emanual The family’s search for a unit was made deadline transfer for one year. Marchman, Acting Assistant Secretary difficult by the need to live where Regulation: 24 CFR 572.115(a)(1). for Public and Indian Housing. special services for the disabled son will Project/Activity: The Rural Housing Date Granted: March 15, 1996. continue to be available. Improvement, Inc., of Winchendon, Reason Waived: This waiver was Regulation: 24 CFR 982.303(b). Massachusetts requested a waiver to requested and granted to allow the Project/Activity: North Andover (MA) extend the time permitted for the Northern Circle Indian Housing Housing Authority, Section 8 Certificate transfer of HOPE 3 properties to eligible Authority to establish ceiling rents for Program. families. their low rent program in accordance Nature of Requirement: The Nature of Requirement: The with PIH Notice 89–21 and 95–68, regulation provides for a maximum term regulations at CFR 572.115(a)(1) require which provides for the establishment of of 120 days during which a certificate- that units in eligible properties must be ceiling rents in a low rent Indian holder may seek housing to be leased transferred to eligible families within housing program and the use of actual under the program. two years of the effective date of the debt service. Granted by: Kevin Emanuel HOPE 3 implementation grant. The Marchman, Acting Assistant Secretary Note to Reader: The person to be contacted for Public and Indian Housing. HUD field office may approve a request for additional information about these for an extension of a period not to waiver-grant items in this listing is: Mirian Date Granted: February 12, 1996. exceed one year of that deadline. Saez, Director, Office of Rental Assistance, Reason Waived: Approval of the Granted By: Andrew Cuomo, Department of Housing Urban Development, waiver, which provided an extension of Assistant Secretary for Community 451 Seventh Street, S.W., Room 4226, the certificate term, prevented hardship Planning & Development. Washington, D.C. 20410, (202) 708–2841; to the family which was about to Date Granted: March 8, 1996. hearing and speech-impaired individuals become homeless. The poor health of may call HUD’s TTY toll-free number at 1– the household head combined with the Reasons Waived: Based on progress 800–877–8391. made in transferring the subject harsh winter weather made it difficult properties, the Assistant Secretary Regulation: 24 CFR 982.303(b). for the family to find a suitable unit. found good cause to extend the property Project/Activity: Executive Office of The family must locate a unit that will transfer deadline for one year. Communities and Development (MA), not aggravate the health conditions of its Section 8 Certificate Program. head and will allow him/her to remain Note to Reader: The person to be contacted close to essential medical support for additional information about these Nature of Requirement: The waiver-grant items in this listing is: Mr. Dom regulation provides for a maximum term services. Nessi, Deputy Assistant Secretary for Native of 120 days during which a certificate Note to Reader: The person to be contacted American Programs, Department of Housing holder may seek housing to be leased for additional information about these and Urban Development, 451 Seventh Street, under the program. waiver-grant items in this listing is: Joan 41934 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

DeWitt, Director, Finance and Budget Granted by: Kevin Emanuel which a Comprehensive Occupancy Division, Office of Public and Assisted Marchman, Acting Assistant Secretary Plan can be submitted. Housing Operations, Office of Public and for Public and Indian Housing. Granted by: Kevin Emanuel Indian Housing, Department of Housing and Date Granted: March 13, 1996. Marchman, Acting Assistant Secretary Urban Development, 451 Seventh Street, Reason Waived: The HA was allowed for Public and Indian Housing. S.W., Room 4210, Washington, D.C. 20410, to use its actual occupancy percentage (202) 708–1872; hearing and speech-impaired Date Granted: March 29, 1996. of 83% for its fiscal year ending Reason Waived: The HA was unable individuals may call HUD’s TTY toll-free September 30, 1996, to prevent undue number at 1–800–877–8391. to submit a timely and proper COP in hardship while it continues to meet the conjunction with its December 31, 1995, Regulation: 24 CFR 990.109(b)(3)(iv). vacancy reduction and modernization Low Rent Public Housing Budget, due to goals of a 5-year implementation plan. Project/Activity: Housing and the sudden departure of their Regulation: 24 CFR 990.118(a)(2)(ii). Redevelopment Authority of the City of accountant. Based on the extenuating Project/Activity: Plainfield Housing Blue Earth, MN. circumstances, the HA was allowed to Authority, NJ. A request was made to use 93% as its actual occupancy Nature of Requirement: The permit PFS reprocessing using 93% percentage to prevent undue hardship regulation requires a Low Occupancy occupancy factor due to extenuating while it continues its efforts to reduce PHA without an approved factors. Its subsidy had been calculated vacancies. Comprehensive Occupancy Plan to use using the standard 97% figure. a projected occupany percentage of Nature of Requirement: The [FR Doc. 96–20168 Filed 8–9–96; 8:45 am] 97%. regulation limits conditions under BILLING CODE 4210±32±P federal register August 12,1996 Monday Year 1996;Notice Program; FundingAvailabilityforFiscal John HeinzNeighborhoodDevelopment NOFA forTechnicalAssistancethe Development Housing andUrban Department of Part VI 41935 41936 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

DEPARTMENT OF HOUSING AND of the Deputy Assistant Secretary for —A Commitment to Community; URBAN DEVELOPMENT Grant Programs, Office of Community —A Commitment to Support Families; Planning and Development, U.S. —A Commitment to Economic Lift; [Docket No. FR±4011±N±01] Department of Housing and Urban —A Commitment to Reciprocity and to Office of the Assistant Secretary for Development, 451 Seventh Street, SW, Balancing Individual Rights and Community Planning and Room 7220, Washington, DC 20410; Responsibilities; and —A Commitment to Reducing the Development; NOFA for Technical telephone (202) 708–2186. (This is not Separations by Race and Income in Assistance for the John Heinz a toll-free number.) For hearing- and American Life. Neighborhood Development Program speech-impaired persons, this number may be accessed via TTY (text (B) Purpose AGENCY: Office of the Assistant telephone) by calling the Federal Secretary for Community Planning and Information Relay Service at 1–800– The purpose of this NOFA is to obtain Development, HUD. 877–8339. However, written inquiries contractor services to provide technical ACTION: Notice of funding availability are preferred and may be mailed or assistance to nonprofit neighborhood- for FY 1996. faxed to: (202) 708–3363. based organizations to assist them in: (1) Making better use of available SUPPLEMENTARY INFORMATION: SUMMARY: This NOFA announces the resources by coordinating the delivery availability of $132,978 for technical Paperwork Reduction Act Statement of services and programs available; assistance funding under the John Heinz The information collection (2) Developing strategic plans for the Neighborhood Development Program. requirements contained in this notice physical and economic revitalization of These funds are to be used to provide have been submitted to the Office of local neighborhoods; Technical Assistance to eligible Management and Budget (OMB) for a (3) Coordinating the delivery of social neighborhood development temporary extension of the control and human services to bolster the organizations. number, in accordance with the physical and economic revitalization In the body of this NOFA is Paperwork Reduction Act of 1995 (44 that is occurring, or is proposed to information concerning: U.S.C. 3501–3520) and 5 CFR 1320.13. occur, in local neighborhoods; (4) Designing and implementing (a) The purpose and background of A notice requesting public comment on programs to maintain, rehabilitate and the NOFA, and the funding level this extension will be published in the construct affordable housing; create provided through this NOFA; Federal Register. When assigned, the small business development (b) Eligible applicants and activities, OMB control number will be published opportunities; work with employers to factors for award and statutory and by a separate notice in the Federal create job and job training cooperative agreement requirements; Register. An agency may not conduct or opportunities; create or support stay-in- and sponsor, and a person is not required to school and youth mentoring programs; (c) The application requirements and respond to, a collection of information and steps involved in the application unless the collection displays a valid (5) Plan, promote or finance process. control number. DATES: Completed applications must be neighborhood improvement efforts. I. Background; Purpose; Authority; submitted no later than 4:30 p.m. (C) Authority Eastern Time on September 11, 1996. Amount Allocated Section 123 of the Housing and HUD reserves the right to extend the (A) Background Urban-Rural Recovery Act of 1983 (42 deadline date through notification in the The purpose of the John Heinz U.S.C 5318 note) (Section 123) Federal Register. In the interest of Neighborhood Development Program authorized the John Heinz fairness to all competing applicants, an (NDP) is to support eligible Neighborhood Development Program. application will be treated as ineligible neighborhood development activities The program is governed by regulations for consideration if it is not physically using cooperative efforts and monetary contained in 24 CFR part 594. received by the deadline date and hour. contributions from local sources. The Applicants should take this requirement Federal funds are incentive funds to (D) Amount Allocated into account and make early submission promote neighborhood development This NOFA announces the availability of their materials to avoid any risk of initiatives and to encourage of $132,978 from the John Heinz losing eligibility brought about by neighborhood organizations to become Neighborhood Development Program to unanticipated delays or other delivery more self-sufficient in their provide technical assistance (TA) to related problems. development activities. The objectives nonprofit neighborhood-based ADDRESSES: Completed applications of the program are: (1) To help development organizations. A (one original and two copies) should be neighborhood development Cooperative Agreement will be for a submitted to: Processing and Control organizations increase their capacities to period of up to 12 months. However, Branch, Office of Community Planning carry out larger or more complex HUD reserves the right to terminate the and Development, U.S. Department of activities, in cooperation with private award in accordance with provisions Housing and Urban Development, 451 and public institutions; and (2) to assist contained in OMB Circulars A–102, A– Seventh Street, SW, Room 7251, neighborhood development 110, and 24 CFR part 85 any time after Washington, DC 20410, by mail or hand- organizations to achieve long-term 6 months. delivery. When submitting your financial support for their activities. The In cases where an applicant selected application, please refer to FR–4011, activities must benefit low-income for funding under this NOFA currently and include your name, mailing address persons within the neighborhood. is providing TA under an existing HUD (including zip code), and telephone This program is also designed to help Office of Community Planning and number. HUD, however, will not accept neighborhood development Development (CPD) TA grant/ faxed applications. organizations address the needs of their cooperative agreement, HUD reserves FOR FURTHER INFORMATION CONTACT: neighborhood while furthering the the right to adjust the start date of Ophelia H. Wilson or Stella Hall, Office following HUD values: funding under this NOFA to coincide Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41937 with the conclusion of the previous Independent Public Accountant or the reporting shall be on a quarterly basis, award, or to incorporate the remaining cognizant government auditor, stating unless otherwise specified in the activities from the previous award into that the financial management system approved TA action plan. the new agreement, adjusting the employed by the applicant meets (f) When approved or requested by funding levels as necessary. prescribed standards for fund control HUD Headquarters, HUD Field Offices and accountability required by OMB staff will serve as active participants in (E) General Program Requirements Circular A–110 for Institutions of Higher the delivery of technical assistance by (1) Statutory Requirements. Education and other Non-Profit funded providers, serving in such roles Applicants must comply with any Institutions, and OMB Circular A–133 as Cooperative Agreement Officers, applicable statutory and regulatory for other nonprofit organizations. The GTRs, Coordinators, etc., as needed. requirements under the John Heinz information should include the name II. Eligible Applicants Neighborhood Development Program and telephone number of the (42 U.S.C. 5138 note and 24 CFR part independent auditor, cognizant Federal An eligible applicant must meet the 594). auditor, or other audit agency as criteria listed below: (2) Profit/Fee. No increment above applicable. All applicant organizations must have cost and no fee or profit may be paid to (7) Demand/Response Delivery demonstrated experience in providing any recipient or subrecipient of an System. An awardee must operate technical assistance in a geographic area award under this NOFA. (This is in within the structure of the demand/ larger than a single city or county and accordance with paragraph 2.19(e) in response system described in this must propose to serve an area larger HUD Handbook 2210.17 (Rev. 2, January section of the NOFA. The awardee must than a single city or county. 23, 1992).) also coordinate its plan with the HUD A consortium of organizations may (3) Statement of Work. After selection Headquarters Government Technical apply but HUD will require that one for funding, but prior to award, the Representative (GTR) and each Field organization be designated as the legal applicant must ensure that any Office within whose jurisdictions the applicant, where legally feasible. Where deletions, additions, or enhancement to awardee is operating, when applicable. one organization cannot be so the Statement of Work submitted in the Under the demand/response system, designated for all proposed activities, application are incorporated into the the TA provider will be required to: HUD may execute more than one approved grant, including details of (a) Market the availability of their cooperative agreement with the how the approved Statement of Work services to existing grantees and other members of a consortium. will be accomplished. Following a task- eligible participants. The TA provider may propose by-task format, the approved Statement (b) Obtain approval for the technical assistance using in-house staff, of Work must: assistance delivery plan from the HUD consultants, subcontractors and (a) Delineate the tasks and sub-tasks. Headquarters Government Technical subrecipients, and networks of private Indicate the sequence in which the tasks Representative with oversight for the consultants or local organizations with are to be performed, noting areas of Cooperative Agreement. requisite experience and capabilities. work that must be performed (c) Work cooperatively with other TA Whenever possible, applicants should simultaneously. providers to ensure that clients are make use of technical assistance (b) Identify specific numbers of provided with the full range of TA providers located in the Field Office quantifiable end products and program services needed and available. TA jurisdictions receiving services. This improvements the TA provider aims to providers are expected to be draws upon local expertise and persons deliver by the end of the cooperative knowledgeable about the range of familiar with the opportunities and agreement period. services available from other providers; resources available in the area to be (4) Certifications and Assurances. make referrals and arrange visits by served, while reducing travel and other After selection for funding, but prior to other TA providers, when appropriate; costs associated with delivering the award, the applicant must submit and carry out TA activities proposed technical assistance services. signed copies of the following concurrently, when it is cost-effective Eligible applicants may be: Assurances and Certifications: and in the interests of the client to do (1) Public and private nonprofit or for- (a) Drug-Free Workplace Certification; so. HUD may direct the TA provider to profit groups, including educational (b) Certification Regarding Lobbying; conduct joint activities. institutions qualified to provide Applicant/Recipient Disclosure Update (d) When conducting training sessions technical assistance on the John Heinz Report; as part of its TA activities, the provider Neighborhood Development Program; or (c) Certification and Disclosure will be expected to: (2) Public and private nonprofit Regarding Payments to Influence (1) Make provision for professional intermediary organizations that provide Certain Federal Transactions (where videotaping of the workshops/courses as services (in more than one community) applicable). directed by the GTR and ensure their to neighborhood development (5) Project Management and Staff production in a professional and high- organizations to support neighborhood Allocation Plan. After selection for quality manner suitable for viewing by development or social or economic funding, but prior to award, the other CPD clients; and community revitalization efforts. An applicant must submit a Project (2) Design the course materials as intermediary will be considered as a Management and Staff Allocation Plan step-in packages, so that a Field Office primarily single-State technical for carrying out the activities proposed or other TA provider may separately assistance provider if it can document in the Statement of Work. The Project give the course on its own; and arrange that more than 50 percent of its past Management and Staff Allocation Plan for joint delivery of the training with activities in working with nonprofit and submission should cover the proposed Field Office participation when so other organizations on neighborhood period of performance. requested by the HUD Headquarters revitalization efforts (production of (6) Financial Management and Audit GTR or the Field Office. housing, social service delivery, job Information. After selection for funding, (e) Report to the HUD Headquarters creation, or job training, or revitalization but prior to award, the applicant must GTR with oversight for the Cooperative of deteriorating neighborhoods), or submit a certification from an Agreement. At a minimum, this delivery of technical assistance to these 41938 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices groups, was confined to the geographic within the established budget and time Branch, Room 7251, Office of limits of a single State. frames. Community Planning and Development, (b) Demonstrates an effective and Department of Housing and Urban III. Eligible Activities creative plan for working with other TA Development, 451 Seventh Street, SW, Funding under this NOFA is available providers in each Field Office Washington, DC 20410. In submitting to provide technical assistance to jurisdiction in which the applicant will your application, please refer to FR– eligible neighborhood development operate. 4011 and include your name, mailing organizations to plan, develop, 3. Capacity of the applicant and address (including zip code), and administer, implement, and evaluate relevant organizational experience (30 telephone number. The completed eligible activities (see 24 CFR 594.10), or points). In rating this factor, HUD will application (one original and 2 copies) to coordinate effectively eligible consider the extent to which the must be physically received by the activities with other federally, State-, proposal demonstrates: Processing and Control Branch, at the locally, or privately funded community (a) Recent, relevant, and successful above address, no later than 4:30 p.m. development activities. experience of the applicant’s Eastern Time on September 11, 1996. organization and staff in providing IV. Factors for Award HUD reserves the right to extend the technical assistance to nonprofit deadline date through notification in the (A) Rating Factors. Applicants will be neighborhood-based (grassroots) Federal Register. HUD will not accept evaluated competitively and ranked organizations. faxed applications. Applications not against all other applicants that have (b) The experience and competence of meeting the format requirements applied. The factors and maximum key personnel in managing complex, identified in Section VI of this NOFA, points for each factor are provided multi-faceted or multi-disciplinary Application Submission Requirements, below. The maximum number of points programs that required coordination will not be considered for funding. is 100. with other TA entities. All applications should be sent to Rating of the ‘‘applicant’’ or the (c) The applicant has a working HUD’s Washington, DC, Headquarters ‘‘applicant’s organization and staff,’’ knowledge of, and established Office. Only applications that are unless otherwise specified, will include relationships with, key public bodies received on time will receive funding any subcontractors, consultants, and private organizations involved in consideration. subrecipients, and members of consortia CPD programs nationally. that are firmly committed to the project. (d) The applicant has sufficient VI. Application Submission 1. Potential effectiveness of the personnel or access to qualified experts Requirements application in meeting the needs of or professionals to deliver the proposed All applicants must submit nonprofit neighborhood-based level of technical assistance in a timely applications on 8 1/2’’ by 11’’ paper, development organizations (40 points). and effective fashion. bound in looseleaf binders for easy 4. Transferability of results (10 In rating this factor, HUD will consider photocopying. All pages and points). In rating this factor, HUD will the extent to which the proposal: attachments must be numbered (a) Identifies high priority needs and consider the extent to which the consecutively, in arabic numbers. No issues to be addressed. applicant proposes a feasible, creative tabs or fold-out sheets will be permitted. (b) Outlines a clear and effective plan plan that uses state of the art technology Items not meeting these specifications for addressing those needs. to transfer models and lessons learned will not be reproduced and distributed (c) Identifies creative and promising to clients in other HUD programs. ways to assist organizations in carrying (B) Selection Process. Once scores are for review. Applications must use the out eligible program activities. assigned, all applications will be listed following format and contain the (d) Identifies specific numbers of in rank order. Regardless of final scores, following items: quantifiable end-products and services HUD may apply the following criteria to (1) Transmittal Letter. the TA provider aims to deliver by the select a provider and projects that (2) OMB Standard Form 424, Request end of the cooperative agreement period would best serve program objectives: for Federal Assistance and Standard to assist nonprofit neighborhood geographic distribution; and diversity of Form 424B, Non-Construction organizations build capacity (e.g., methods, approaches, or kinds of Assurances, signed by a person legally number of organizations that will build projects. HUD will select a provider that authorized to enter into an agreement capacity through leveraging resources brings expertise in one or more with the Department. Fax requests for both outside of and within the specialized activity area, to strengthen Standard Forms 424 and 424B to community and through the or supplement the intermediary network Ophelia Wilson or Stella Hall at (202) development of new partnerships with in terms of the location (service area), 708–3363 (this is not a toll-free national foundations, nonprofit types, and scope of technical assistance number). corporations, public and private provided. (3) A Statement of Work that organizations, and local or State incorporates all activities to be funded governments, to find feasible ways to V. Application Process in the application and details how the obtain resources to support their All information and forms needed to proposed work will be accomplished. neighborhood revitalization efforts), and complete and submit an application Following a task-by-task format, the identifies the number of organizations under this NOFA are contained in the Statement of Work must: that will be linked with a national NOFA, except for Standard Form SF 424 (a) Delineate the tasks and sub-tasks technical assistance provider to receive and SF 424B. These forms are available involved and how the tasks meet the further technical assistance. from HUD by faxing a request to Factors for Award. Indicate the 2. Soundness of approach (20 points). Ophelia H. Wilson or Stella Hall (fax: sequence in which the tasks are to be In rating this factor, HUD will consider (202) 708–3363; or see Section VI of this performed, noting areas of work that the extent to which the proposal: NOFA for instructions for obtaining the must be performed simultaneously. (a) Provides a cost-effective plan for SF 424 forms). (b) Identify specific numbers of designing, organizing, and carrying out The address for submitting an quantifiable end-products and program the proposed technical assistance application is: Processing and Control improvements the TA provider aims to Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41939 deliver by the end of the cooperative These line items should total the determined that this notice will have a agreement period. amount requested. The submission beneficial, although indirect, impact on (4) Narrative statement addressing the should include the rationale used to family formation, maintenance, and Factors for Award in Section IV of this determine costs and validation of fringe general well-being. The technical NOFA. The narrative response should and indirect cost rates. assistance provided as a result of an be numbered in accordance with each Corrections to Deficient Applications award under this NOFA will promote factor for award identified under the ability of eligible applicants to meet Section IV. Applicants will have 14 calendar days the requirements and program (5) Budget-by-task for which funds are from the date HUD notifies the objectives of the program. Accordingly, requested. applicant of any technical deficiency to since the impact on the family is (6) Summary Budget identifying costs submit the appropriate information in beneficial and indirect, no further by cost category, in accordance with the writing to HUD. Notification of a review is considered necessary. technical deficiency shall be made in following: Documentation and Public Access (i) Direct Labor by position or writing. Technical deficiencies relate only to items that would not improve Requirements; Applicant/Recipient individual, indicating the estimated Disclosures: HUD Reform Act hours per position, the rate per hour, the substantive quality of the estimated cost per staff position, and the application relative to the ranking Documentation and public access total estimated direct labor costs; factors such as a failure to submit a requirements. Pursuant to Section 102 required certification. (ii) Fringe Benefits by staff position of the Department of Housing and Urban identifying the rate, the salary base the VII. Other Matters Development Reform Act of 1989 (42 rate was computed on, estimated cost U.S.C. 3537a) (HUD Reform Act), HUD Environmental Review per position, and the total estimated will ensure that documentation and fringe benefit cost; A Finding of No Significant Impact other information regarding each (iii) Material Costs indicating the with respect to the environment has application submitted pursuant to this item, unit cost per item, the number of been made in accordance with HUD NOFA are sufficient to indicate the basis items to be purchased, estimated cost regulations in 24 CFR part 50 that upon which assistance was provided or per item, and the total estimated implement section 102(2)(C) of the denied. This material, including any material costs; National Environmental Policy Act of letters of support, will be made (iv) Transportation Costs. Where air 1969 (42 U.S.C. 4332). The finding is available for public inspection for a 5- transportation is proposed, costs should available for public inspection during year period beginning not less than 30 identify each destination, number of regular business hours in the Office of days after the award of the assistance. trips per destination, estimated air fare, the General Counsel, Rules Docket Materials will be made available in and total estimated air transportation Clerk, Room 10276, 451 Seventh Street, accordance with the Freedom of costs. If other transportation costs are SW, Washington, DC 20410. This NOFA Information Act (5 U.S.C. 552) and listed, the applicant should identify the funds only technical assistance; HUD’s implementing regulations at 24 other method of transportation selected, therefore, awards under this NOFA are CFR part 15. In addition, HUD will the number of trips to be made to each categorically excluded from include the recipients of assistance destination, the estimated cost, and the environmental assessment under the pursuant to this NOFA in a Federal total estimated costs for other National Environmental Policy Act and Register notice of recipients of HUD transportation costs. In addition, are not subject to environmental review assistance awarded on a competitive applicants should identify per diem or under related environmental laws and basis. (See section 102 and 24 CFR part subsistence costs per travel day on the authorities, in accordance with 24 CFR 4, subpart A, as published on April 1, number of travel days included, the 50.20(b) and 50.19(g), respectively, of 1996 (61 FR 14448).) estimated costs for per diem/ the HUD regulations. Disclosures. HUD will make available subsistence, and the total estimated Federalism to the public for 5 years all applicant transportation costs; The General Counsel, as the disclosure reports (HUD Form 2880) (v) Equipment Charges, if any. Designated Official under section 6(a) of submitted in connection with this Equipment charges should identify the the Executive Order 12612, Federalism, NOFA. Update reports (also Form 2880) type of equipment, quantity, unit costs, has determined that the policies will be made available along with the and total estimated equipment costs; contained in this notice will not have applicant disclosure reports, but in no (vi) Consultant Costs. Indicate the substantial direct effects on States or case for a period less than 3 years. All type, estimated number of consultant their political subdivisions, or the reports—both applicant disclosures and days, rate per day, total estimated relationship between the Federal updates—will be made available in consultant costs per consultant, and government and the States, or on the accordance with the Freedom of total estimated costs for all consultants; distribution of power and Information Act (5 U.S.C. 552) and (vii) Subcontract Costs. Indicate each responsibilities among the various HUD’s implementing regulations at 24 individual subcontract and amount. levels of government. As a result, the CFR part 15. Each proposed subcontract should notice is not subject to review under the Prohibition Against Advance include a separate budget that identifies Order. The notice merely announces Information on Funding Decisions costs by cost categories; funding for the provision of technical (viii) Other Direct Costs listed by assistance services to nonprofit HUD’s regulation implementing item, quantity, unit cost, total for each neighborhood-based development section 103 of the Department of item listed, and the total direct costs for organizations. Housing and Urban Development the award; Reform Act of 1989 (42 U.S.C. 3537a) (ix) Indirect Costs, identifying the Impact on the Family (Reform Act), codified as 24 CFR part 4, type of cost, approved indirect cost rate, The General Counsel, as the applies to the funding competition base to which the rate applies, and total Designated Official under Executive announced today. The requirements of indirect costs. Order 12606, The Family, has the rule continue to apply until the 41940 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices announcement of the selection of DEPARTMENT OF HOUSING AND community) to neighborhood-based successful applicants. URBAN DEVELOPMENT organizations to support neighborhood development or social or economic HUD employees involved in the [Docket No. FR±4011±N±02] review of applications and in the community revitalization efforts. The information collection is essential making of funding decisions are Office of the Assistant Secretary for so that HUD staff may determine the restrained by part 4 from providing Community Planning and Development; Notice of Proposed eligibility, qualifications and capability advance information to any person of applicants to provide technical (other than an authorized employee of Information Collection for Public Comment assistance to nonprofit neighborhood HUD) concerning funding decisions, or development organizations. HUD will from otherwise giving any applicant an AGENCY: Office of the Assistant review the information provided by the unfair competitive advantage. Persons Secretary for Community Planning and applicants against the selection criteria who apply for assistance in this Development, HUD. contained in the Technical Assistance competition should confine their ACTION: Notice. NOFA in order to rate and rank the inquiries to the subject areas permitted applications and select the best and under 24 CFR part 4. SUMMARY: The proposed information most qualified individual application collection requirement described below Applicants or employees who have for funding. The selection criteria are: has been submitted to the Office of ethics-related questions should contact (1) Effectiveness of the application in Management and Budget (OMB) for the HUD Office of Ethics (202) 708–3815 meeting the needs of nonprofit emergency review and approval, as (TDD/Voice) (this is not a toll-free neighborhood-based development required by the Paperwork Reduction organizations; (2) Soundness of number). Any HUD employee who has Act. The Department is soliciting public specific program questions, such as approach; (3) Capacity of the applicant comments on the subject proposal. and relevant organizational experience; whether particular subject matter can be DATES: Comments due: August 19, 1996. and (4) Transferability of results. discussed with persons outside the ADDRESSES: Interested persons are The Department has submitted the Department, should contact the invited to submit comments regarding proposal for the collection of appropriate Field Office Counsel or this proposal. Comments must be information, as described below, to Headquarters counsel for the program to received within seven (7) days from the OMB for review, as required by the which the question pertains. date of this Notice. Comments should Paperwork Reduction Act (44 U.S.C. Prohibition Against Lobbying Activities refer to the proposal by name and Chapter 35): should be sent to: Joseph F. Lackey, Jr., (1) Title of the information collection The use of funds awarded under this HUD Desk Officer, Office of proposal: NOFA for Technical NOFA is subject to the disclosure Management and Budget, New Assistance for the John Heinz requirements and prohibitions of Executive Office Building, Washington, Neighborhood Development Program. section 319 of the Department of Interior DC 20503. (2) Summary of the collection of information: and Related Agencies Appropriations FOR FURTHER INFORMATION CONTACT: Each applicant seeking funding under Act for Fiscal Year 1990 (31 U.S.C. Kay F. Weaver, Reports Management the Technical Assistance NOFA would 1352) (the ‘‘Byrd Amendment’’) and the Officer, Department of Housing and be required to submit current implementing regulations at 24 CFR part Urban Development, 451 Seventh Street, information, as listed below: SW, Washington, DC 20410, telephone 87. These authorities prohibit recipients 1. Form S.F. 424—Application for (202) 708–0050. This is not a toll-free of Federal contracts, grants or loans Federal Assistance; from using appropriated funds for number. Copies of available documents 2. Form S.F. 424B—Non-Construction lobbying the Executive or Legislative submitted to OMB may be obtained Assurances; branches of the federal government in from Ms. Weaver. 3. Certifications—Concerning Use of connection with a specific contract, SUPPLEMENTARY INFORMATION: This Federal Funds for Lobbying and grant or loan. The prohibition also Notice informs the public that the Concerning Drug-Free Workplace; and covers the awarding of contracts, grants, Department of Housing and Urban 4. Narratives for each of the four cooperative agreements, or loans unless Development (HUD) has submitted to selection criteria. the applicant has made an acceptable OMB, for emergency processing, a (3) Description of the need for the certification regarding lobbying. proposed Notice of Fund Availability information and its proposed use: (NOFA) for Technical Assistance for the The information collection is essential Under 24 CFR part 87, applicants, John Heinz Neighborhood Development so that HUD staff may determine the recipients, and subrecipients of Program. HUD is requesting OMB eligibility, qualifications and capability assistance exceeding $100,000 must approval by August 20, 1996. of applicants to provide technical certify that no federal funds have been Under the John Heinz Neighborhood assistance to nonprofit neighborhood- or will be spent on lobbying activities in Development Program, HUD will based development organizations connection with the assistance. provide up to $132,978 to obtain eligible under the John Heinz The Catalog of Federal Domestic contractor services to provide Technical Neighborhood Development Program. Assistance program number is 14.242. Assistance to eligible neighborhood HUD will review the information development organizations. Eligible Dated: July 31, 1996. provided by the applicants against the applicants are: public and private selection criteria contained in the NOFA Andrew Cuomo, nonprofit or for-profit groups, including in order to rate and rank the Assistant Secretary for Community Planning educational institutions qualified to applications and select the best and and Development. provide technical assistance on most qualified individual application [FR Doc. 96–20534 Filed 8–7–96; 5:00 pm] Community Development Block Grant for funding. BILLING CODE 4210±29±P Programs; or public and private (4) Description of the likely nonprofit intermediary organizations respondents, including the estimated that provide services (in more than one number of likely respondents, and Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41941 proposed frequency of response to the development or social or economic Total Annual Responses: 14. collection of information: community revitalizations efforts. (@ 40 hours per application): 400. Eligible applicants are: Public and The number of such technical (@ 80 hours per report): 320. assistance providers is relatively small. private nonprofit or for-profit groups, Total Estimated Burden Hours: 720. The estimated number of respondents is including educational institutions 10. The proposed frequency of the Authority: Section 3506 of the Paperwork qualified to provide technical assistance Reduction Act of 1995, 44 U.S.C. Chapter 35, response to the collection of information as amended. on Community Development Block is one-time. The application need only Dated: August 6, 1996. Grant Programs; or Public and private be submitted once. nonprofit intermediary organizations (5) Estimate of the total reporting and David S. Cristy, that provide services (in more than one recordkeeping burden that will result Director, IRM Policy and Management community) to neighborhood-based from the collection of information: Division. organizations to support neighborhood Reporting Burden: [FR Doc. 96–20535 Filed 8–7–96; 5:00 pm] Number of Respondents: 10. BILLING CODE 4210±29±M federal register August 12,1996 Monday Request; Notice Submission forOMBReview;Comment Technical Revision;FinalRuleand (CLOs) Exemptions;Correctionand Computer LoanOriginationSystems Withdrawal ofEmployer-Employeeand Estate SettlementProceduresAct: Amendments toRegulationX,theReal HousingÐFederal HousingCommission; Office oftheAssistantSecretaryfor 24 CFRPart350 Development Housing andUrban Department of Part VII 41943 41944 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND regarding controlled business settlement services listed. You are NOT URBAN DEVELOPMENT arrangements (see 24 CFR 3500.15). The required to use the listed provider(s) as correction in this document, and two a condition for [settlement of your loan 24 CFR Part 3500 notices published elsewhere in today’s on] [or] [purchase, sale, or refinance of] [Docket No. FR±3638±F±04] Federal Register, relate to the the subject property. THERE ARE Paperwork Reduction Act Statement FREQUENTLY OTHER SETTLEMENT RIN 2502±AG26 that appears in the rule. SERVICE PROVIDERS AVAILABLE In addition, Appendix D (Controlled WITH SIMILAR SERVICES. YOU ARE Office of the Assistant Secretary for Business Arrangement Disclosure FREE TO SHOP AROUND TO Housing-Federal Housing Statement Format) in the rule contained DETERMINE THAT YOU ARE Commissioner; Amendments to instructions to the preparer that could RECEIVING THE BEST SERVICES AND Regulation X, the Real Estate create confusion. Therefore, HUD is THE BEST RATE FOR THESE Settlement Procedures Act: making technical revisions to the format SERVICES. Withdrawal of Employer-Employee and and instructions, to make it more clear Computer Loan Origination Systems how the format is to be completed. Provider and settle- Charge or range of (CLOs) Exemptions; Correction and ment service charges Technical Revision Correction and Technical Revision AGENCY: Office of the Assistant Accordingly, FR Doc. 96–14329, Secretary for Housing-Federal Housing Amendments to Regulation X, the Real Commissioner, HUD. Estate Settlement Procedures Act: Withdrawal of Employer-Employee and ACTION: Correction and revision of final rule. Computer Loan Origination Systems (CLOs) Exemptions, published on June SUMMARY: This document amends a final 7, 1996 (61 FR 29238), is corrected and [B.] Set forth below is the estimated rule that was published on June 7, 1996 amended as follows: charge or range of charges for the (61 FR 29238) by correcting the (1) In the preamble on page 29238, in settlement services of an attorney, credit preamble and revising Appendix D, the second column, under the heading reporting agency, or real estate appraiser Controlled Business Arrangement ‘‘Paperwork Reduction Act Statement’’, that we, as your lender, will require you Disclosure Statement Format. The rule by correctly revising the first paragraph to use, as a condition of your loan on primarily affects the requirements to read as follows: this property, to represent our interests applicable to controlled business The information collection in the transaction. arrangements and computer loan requirements contained in § 3500.15 of origination systems in the Department’s this rule have been submitted to the Provider and settle- Charge or range of regulations implementing the Real Office of Management and Budget ment service charges Estate Settlement Procedures Act. The (OMB) for review in accordance with correction in this document and two the Paperwork Reduction Act of 1995 notices published elsewhere in today’s (44 U.S.C. 3501–3520). Additional Federal Register relate to the Paperwork information on this submission can be Reduction Act Statement that appears in found in two notices published on the rule. The revision of Appendix D August 12, 1996. An agency may not conduct or sponsor, and a person is not reorganizes the disclosure format for Acknowledgment better clarity. required to respond to, a collection of EFFECTIVE DATE: October 7, 1996. information unless the collection I/we have read this disclosure form, displays a valid control number. FOR FURTHER INFORMATION CONTACT: and understand that [referring party] is (2) On page 29254, Appendix D to David Williamson, Director, Office of referring me/us to purchase the above- Part 3500 is correctly revised to read as Consumer and Regulatory Affairs, Room described settlement service(s) and may follows: 5241, telephone (202) 708–4560, or for receive a financial or other benefit as the legal questions about the appendix, Appendix D to Part 3500 result of this referral. Richard Bennett, Attorney, Office of lllllllllllllllllllll Controlled Business Arrangement Signature General Counsel, Room 9262, telephone Disclosure Statement Format; Notice (202) 708–3137. (The telephone [INSTRUCTIONS TO PREPARER:] [Use numbers are not toll-free.) For hearing- To: lllllllllllllllllll paragraph A for referrals other than and speech-impaired persons, these From: llllllllllllllllll those by a lender to an attorney, a credit numbers may be accessed via TTY (text (Entity Making Statement) reporting agency, or a real estate telephone) by calling the Federal Property: llllllllllllllll appraiser that a lender is requiring a Information Relay Service at 1–800– Date: llllllllllllllllll borrower to use to represent the lender’s 877–8339. The address for the above- This is to give you notice that interests in the transaction. Use listed persons is: Department of Housing [referring party] has a business paragraph B for those referrals to an and Urban Development, 451 Seventh relationship with [settlement services attorney, credit reporting agency, or real Street, SW, Washington, DC 20410. provider(s) . [Describe the nature of the estate appraiser that a lender is SUPPLEMENTARY INFORMATION: relationship between the referring party requiring a borrower to use to represent and the provider(s), including Background the lender’s interests in the transaction. percentage of ownership interest, if When applicable, use both paragraphs. In the preamble of the rule published applicable.] Because of this relationship, Specific timing rules for delivery of the on June 7, 1996 (61 FR 29238) (June 7 this referral may provide [referring controlled business disclosure statement rule), the Department stated an incorrect party] a financial or other benefit. are set forth in 24 CFR 3500.15(b)(1) of OMB control number for the [A.] Set forth below is the estimated Regulation X. These INSTRUCTIONS information collection requirements charge or range of charges for the Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Rules and Regulations 41945

TO PREPARER should not appear on the statement.] Authority: 12 U.S.C. 2601 et seq.; 42 U.S.C. 3535(d). Dated: August 1, 1996. Nicolas P. Retsinas, Assistant Secretary for Housing-Federal Housing Commissioner. [FR Doc. 96–20169 Filed 8–9–96; 8:45 am] BILLING CODE 4210±27±P 41946 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices

DEPARTMENT OF HOUSING AND phone (202) 708–4560 (this is not a toll- on those who are to respond; including URBAN DEVELOPMENT free number). For copies of the proposed through the use of appropriate forms and other available documents automated collection techniques or [Docket No. FR±3638±N±06] contact Oliver Walker, Chief Directives, other forms of information technology, Office of the Assistant Secretary for Reports and Forms Branch on 708–1694 e.g., permitting electronic submission of Housing-Federal Housing extension 2144 (this is not a toll-free responses. Commissioner; Proposed Collection; number). For hearing- and speech- This Notice also lists the following Comment Request impaired persons, these telephone information: numbers may be accessed via TTY (text Title of Proposal: Controlled Business AGENCY: Office of the Assistant telephone) by calling the Federal Arrangement Disclosure (CBA Secretary for Housing-Federal Housing Information Relay Service at 1–800– disclosure) under 24 CFR 3500.15, as Commissioner, HUD. 877–8339. amended by a rule published June 7, ACTION: Notice of proposed information SUPPLEMENTARY INFORMATION: The 1996 (61 FR 29238). collection. Department will submit to OMB for OMB Control Number: Pending. review the proposed information Description of the need for the SUMMARY: The proposed information collection contained in a rule published information and proposed use: A collection requirement described below June 7, 1996 (61 FR 29238) (‘‘June 7 settlement service provider or an will be submitted to the Office of rule’’), as required by the Paperwork employee of a settlement service Management and Budget (OMB) for Reduction Act of 1995 (44 U.S.C. provider is required to give the borrower review, as required by the Paperwork Chapter 35). By two separate documents a CBA disclosure prior to or at the time Reduction Act. The Department is in today’s Federal Register, the the borrower is referred to an affiliated soliciting public comments on the Department, simultaneously with this provider. The CBA disclosure must be a subject proposal. By separate notice in notice: (1) Is soliciting comment for a 7- separate piece of paper and the format today’s Federal Register, the day emergency review period on the must contain the following information. Department is also soliciting comment same and related information collection 1. Specify the nature of the for a 7-day emergency review period on requirements covered by this notice; relationship (explaining the ownership the same and related information and (2) is publishing a correction for the and financial interest) between the collection requirements covered by this June 7 rule, which contained erroneous person performing the settlement notice. information about the approval status of service and the person making the DATES: Comments due: October 11, these information collections. referral. 1996. The Notice is soliciting comments 2. Describe the estimated charges or ADDRESSES: Interested persons are from members of the public and range of charges generally made by the invited to submit comments regarding affecting agencies concerning the provider of settlement services. this proposal. Comments should refer to proposed collection of information to: 3. State that the borrower is not the proposal by name and/or OMB (1) Evaluate whether the proposed required to use the referred provider Control Number and should be sent to: collection of information is necessary (except for certain circumstances). Oliver Walker, Reports Liaison Officer, for the proper performance of the Agency form numbers, if applicable: Department of Housing and Urban functions of the agency, including None. Development, 451—7th Street, SW., whether the information will have Members of affected public: Room 9116, Washington, DC 20410. practical utility; (2) Evaluate the Settlement service providers and their FOR FURTHER INFORMATION CONTACT: accuracy of the agency’s estimate of the employees. Ivy M. Jackson, Real Estate Settlement burden of the proposed collection of Estimation of the total numbers of Procedures Act (RESPA) Enforcement information; (3) Enhance the quality, hours needed to prepare the information Unit, Department of Housing and Urban utility, and clarity of the information to collection including number of Development, Room 5341, 451 7th be collected; and (4) Minimize the respondents, frequency of response, and Street, SW., Washington, DC 20410; burden of the collection of information hours of response: See below.

Number of respondents × Frequency of response × Hours per response = Burden hours

10,000 2.4 mill. 0.10 240,000

Total Estimated Burden Hours: [Docket No. FR±3638±N±05] emergency review, as required by the 240,000. Paperwork Reduction Act. The Office of the Assistant Secretary for Status of the proposed information Department is soliciting public Housing-Federal Housing comments on the subject proposal. By collection: Emergency review request Commissioner; Submission for OMB pending for approval of disclosure separate notice in today’s Federal Review; Comment Request Register, the Department is also requirements. AGENCY: Office of the Assistant soliciting comment for 60 days on a AUTHORITY: 44 U.S.C. 3506; 42 U.S.C. Secretary for Housing-Federal Housing portion of the information collection 3535(d). Commissioner, HUD. requirements covered by this emergency Dated: August 1, 1996. ACTION: Notice of proposed information review notice. Nicolas P. Retsinas, collection. DATES: The due date for comments is: Assistant Secretary for Housing-Federal August 19, 1996. Housing Commissioner. SUMMARY: The proposed information collection requirement described below ADDRESSES: Interested persons are [FR Doc. 96–20171 Filed 8–9–96; 8:45 am] has been submitted to the Office of invited to submit comments regarding BILLING CODE 4210±27±M Management and Budget (OMB) for this proposal. Comments must be Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Notices 41947 received within seven (7) days from the for a disclosure under covered Office: Office of Housing-Federal date of this Notice. Comments should circumstances (see 12 U.S.C. 2607(c)(4)) Housing Commissioner. refer to the proposal by name and are currently codified in 24 CFR Description of the Need for the should be sent to: Joseph F. Lackey, Jr., 3500.15(b) and have been revised by the Information and its Proposed Use: A OMB Desk Officer, Office of June 7 rule (effective October 7, 1996). settlement service provider or an Management and Budget, New Although the revisions in the June 7 employee of a settlement service Executive Office Building, Washington, rule will make small changes in the provider is required to give the borrower DC 20503. format provided for the controlled a CBA disclosure prior to or at the time FOR FURTHER INFORMATION CONTACT: business disclosure, these revisions are the borrower is referred to an affiliated Kay F. Weaver, Reports Management not expected to affect the burden provider. The CBA disclosure must be a Officer, Department of Housing and attributed to information collection separate piece of paper and the format Urban Development, 451 Seventh Street, requirements in the current regulations. must contain the following information. SE, Washington, DC 20410, telephone Therefore, this notice is for the purpose 1. Specify the nature of the (202) 708–0050 (this is not a toll-free of soliciting comment on the controlled relationship (explaining the ownership number). For hearing- and speech- business disclosure requirements under and financial interest) between the impaired persons, this number may be both the current regulations and the person performing the settlement accessed via TTY (text telephone) by regulations as they will be amended on service and the person making the calling the Federal Information Relay the effective date of the June 7 rule. referral. Service at 1–800–877–8339. Copies of In order for borrowers who seek 2. Describe the estimated charges or the proposed forms and other available federally related mortgage loans range of charges generally made by the documents submitted to OMB may be (including purchase money, refinances, provider of settlement services. obtained from Ms. Weaver. assumptions, property improvement, 3. State that the borrower is not SUPPLEMENTARY INFORMATION: This lines of credit, etc.) to be better- required to use the referred provider Notice informs the public that the informed shoppers, a settlement service (except for certain circumstances). Department of Housing and Urban provider, or employee thereof, is Form Numbers: None. Development (HUD) has submitted to required to give the borrower a certain Respondents: Respondents will be OMB, for emergency processing, an disclosure when the borrower is being settlement service providers, or information collection package with referred to an affiliated settlement employees thereof, who refer borrowers respect to a disclosure required for service provider. This controlled to other affiliated providers. controlled business arrangements business disclosure alerts the borrower The estimated number of respondents between affiliated settlement service that the referral may be based on a is 10,000. The disclosure is required to providers. HUD seeks to implement this business arrangement between the two be given each time a settlement service initiative as soon as possible. We are providers, rather than on the best rate or provider refers the borrower to an requesting that OMB approve this best service. Section 8(c)(4) of the Real affiliated service provider. This Information Collection Package by Estate Settlement Procedures Act specifically includes each time an August 12, 1996. By two separate (RESPA) (12 U.S.C. 2607(c)(4)), as well employee who does not perform documents in today’s Federal Register, as the implementing regulations at 24 settlement services refers business to an the Department, simultaneously with CFR 3500.15, require that borrowers affiliate. this notice: (1) is publishing a correction receive this notice. Frequency of Submission: The third for a rule that was published on June 7, The Department has submitted the party disclosure is required whenever a 1996 (61 FR 29238) (‘‘June 7 rule’’), and proposal for the collection of borrower is referred to an affiliated contained erroneous information about information, as described below, to provider. the approval status of these information OMB for review, as required by the Reporting Burden: (Although the collections; and (2) is soliciting Paperwork Reduction Act (44 U.S.C. revisions in the June 7 rule will make comment for the regular 60-day review Chapter 35): Notice of Submission of small changes in the format provided for period on a portion of the information Proposed Information Collection to the controlled business disclosure, these collection requirements (which were OMB revisions are not expected to affect the included in the June 7 rule) covered by Proposal: Controlled Business burden attributed to information this notice. Regulatory provisions Arrangement Disclosure (CBA collection requirements in the current implementing the statutory requirement disclosure) under 24 CFR 3500.15. regulations.)

Number of respondents × Frequency of response × Hours per response = Burden hours

10,000 2.4 mill. 0.10 240,000

Total Estimated Burden Hours: AUTHORITY: 44 U.S.C. 3507; 42 U.S.C. Dated: August 1, 1996. 240,000. 3535(d). David S. Cristy, Status: New approval. Director, IRM Policy and Management Division. [FR Doc. 96–20172 Filed 8–9–96; 8:45 am] BILLING CODE 4210±27±M i

Reader Aids Federal Register Vol. 61, No. 156 Monday, August 12, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws Proposed Rules: 3 CFR Public Laws Update Services (numbers, dates, etc.) 523±6641 3...... 40552, 41684 For additional information 523±5227 Executive Orders: 103...... 40552, 41684 10163 (Amended by Presidential Documents 212...... 40552 EO 13013)...... 41483 235...... 40552 523±5227 Executive orders and proclamations 13013...... 41483 236...... 40552 The United States Government Manual 523±5227 242...... 40552 5 CFR Other Services 287...... 40552 531...... 40949 Electronic and on-line services (voice) 523±4534 292...... 40552 831...... 41714 292a...... 40552 Privacy Act Compilation 523±3187 837...... 41714 TDD for the hearing impaired 523±5229 841...... 41714 9 CFR 842...... 41714 78...... 41730 ELECTRONIC BULLETIN BOARD 843...... 41714 94...... 40292 844...... 41714 Free Electronic Bulletin Board service for Public Law numbers, 847...... 41714 10 CFR Federal Register finding aids, and list of documents on public 1620...... 41485 50...... 41303 inspection. 202±275±0920 2634...... 40145 Proposed Rules: 2635...... 40950 FAX-ON-DEMAND 25...... 40555 2470...... 41293 95...... 40555 You may access our Fax-On-Demand service. You only need a fax 2471...... 41293 430...... 41748 machine and there is no charge for the service except for long 2472...... 41293 434...... 40882 distance telephone charges the user may incur. The list of 2473...... 41293 435...... 40882 documents on public inspection and the daily Federal Register’s Ch. LIV...... 40500 490...... 41032 table of contents are available using this service. The document Ch. LXVI ...... 40505 numbers are 7050-Public Inspection list and 7051-Table of Proposed Rules: 11 CFR Contents list. The public inspection list will be updated 591 746 immediately for documents filed on an emergency basis. 110...... 40961 Proposed Rules: NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 7 CFR 109...... 41036 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 26...... 40145 110...... 41036 public inspection may be viewed and copied in our office located 51...... 40289 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 400...... 40952 12 CFR telephone number is: 301±713±6905 457...... 41297 915...... 40290 26...... 40293 212...... 40293 FEDERAL REGISTER PAGES AND DATES, AUGUST 920...... 40506 922...... 40954 348...... 40293 563...... 40293 40145±40288...... 1 923...... 40954 924...... 40954, 40956 701...... 41312 40289±40504...... 2 931...... 40311 40505±40716...... 5 928...... 40146 929...... 41729 Proposed Rules: 40717±40948...... 6 932...... 40507 357...... 40756 40949±41292...... 7 944...... 40507 703...... 41750 41293±41482...... 8 985...... 40959 704...... 41750 41483±41728...... 9 1005...... 41488 934...... 41535 41729±41948...... 10 1007...... 41488 935...... 40364 1011...... 41488 13 CFR 1046...... 41488 Proposed Rules: 107...... 41496 220...... 40481 14 CFR 226...... 40481 301...... 40354, 40361 39...... 40313, 40511 319...... 40362 71 ...... 40147, 40315, 40316, 457...... 41527, 41531 40717, 40718, 40719, 40961, 911...... 40550 41684, 41735, 41736 944...... 40550 39...... 41733 1530...... 40749 95...... 40148 1710...... 41025 97...... 40150, 40151 1714...... 41025 Proposed Rules: 1717...... 41025 Ch. 1 ...... 41750 1786...... 41025 23...... 41688 25 ...... 40710, 41688, 41924 8 CFR 33...... 41688 217...... 41684 39 ...... 40159, 40758, 40760, ii Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Reader Aids

40762, 41037, 41039, 41537, 26 CFR 102...... 40997 70...... 40281 41539, 41751, 41753, 41755, 1...... 40993 501...... 40997 108...... 40281 41757 133...... 40281 31...... 40993 38 CFR 71...... 40365 602...... 40993 168...... 40281 91...... 41040 Proposed Rules: 199...... 40281 93...... 41040 27 CFR 1...... 40589 572...... 40530 121...... 41040 252...... 41500 3...... 41368 Proposed Rules: 135...... 41040 290...... 41500 17...... 41108 10...... 41208 15...... 41208 15 CFR Proposed Rules: 40 CFR 679...... 40481 4...... 40568 47 CFR 5...... 40568 3...... 40500 774...... 41326 5...... 41330 1...... 40155, 41006 799A ...... 41326 7...... 40568 2...... 41006 19...... 40568 51...... 40940, 41838 52 ...... 40516, 41331, 41335, 15...... 41006 16 CFR 20...... 40568 20...... 40348 22...... 40568 41338, 41342, 41838 1700...... 40317 24...... 41006 24...... 40568 81...... 40516, 41342 Proposed Rules: 85...... 40940 63...... 40531 25...... 40568 73 ...... 40156, 40746, 41019 1507...... 41043 27...... 40568 122...... 41698 180 ...... 40337, 40338, 40340 90...... 40747 17 CFR 70...... 40568 97...... 41006 250...... 40568 261...... 40519 Proposed Rules: 1...... 41496 251...... 40568 271...... 40520, 41345 211...... 40721 272...... 41345 20...... 40374 28 CFR 282...... 41507 25...... 40772 18 CFR 300...... 40523 32...... 40161, 41208 29...... 40723 64...... 40161, 41208 284...... 40962 90...... 40727 Proposed Rules: 381...... 40722 52 ...... 40591, 40592, 41371, 73 ...... 40774, 40775, 41114 Proposed Rules: 29 CFR 41372 48 CFR 59...... 40161 35...... 41759 4...... 40714 81 ...... 41371, 41759, 41764 Ch. 1...... 41466, 41477 284...... 41406 5...... 40714 153...... 41764 2...... 41467 1926...... 41738 19 CFR 159...... 41764 5...... 41467 2510...... 41220 7...... 41467 10...... 41737 260...... 41111 Proposed Rules: 8...... 41467 12...... 41737 261...... 41111 1...... 40366 262...... 41111 9...... 41467, 41472 102...... 41737 5...... 40366 12...... 41467 134...... 41737 264...... 41111 102...... 40369 268...... 41111 15...... 41467 20 CFR 269...... 41111 16...... 41467 30 CFR 17...... 41467 404...... 41329 271...... 41111 203...... 40734 281...... 40592 19...... 41467 21 CFR 735...... 40155 300...... 40371 22...... 41467 937...... 40155 23...... 41473 73...... 40317 950...... 40735 41 CFR 25...... 41475 101...... 40320, 40963 31...... 41476 Proposed Rules: 50±201...... 40714 136...... 40513 32...... 41467 250...... 41541 50±206...... 40714 137...... 40513 33...... 41467 936...... 40369 101±11...... 41000 139...... 40513 34...... 41467 101±35...... 41003 184...... 40317 31 CFR 37...... 41467 101±43...... 41352 522...... 41498 38...... 41467 211...... 41739 101±46...... 41352 601...... 40153 39...... 41467 Proposed Rules: 201±23...... 40708 620...... 40153 45...... 41467 344...... 40764 201±24...... 40708 630...... 40153 46...... 41467 640...... 40153 Ch. 301 ...... 40524 32 CFR 51...... 41467 650...... 40153 52...... 41467, 41473 Proposed Rules: 42 CFR 660...... 40153 53...... 41467 202...... 40764 406...... 40343 680...... 40153 901...... 41702 407...... 40343 1309...... 40981 905...... 41702 33 CFR 408...... 40343 1310...... 40981 906...... 41702 416...... 40343 1313...... 40981 100 ...... 40513, 42505, 41506 908...... 41702 110...... 40993 22 CFR 43 CFR 909...... 41684 117...... 40515 915...... 41702 126...... 41499, 41737 154...... 41452 4...... 40347 916...... 41702 602...... 40332 156...... 41452 12...... 40525 917...... 41702 157...... 41684 Proposed Rules: 922...... 41702 23 CFR 165...... 40515, 40994 3600...... 40373 928...... 41702 Proposed Rules: Proposed Rules: 3610...... 40373 932...... 41702 655...... 40484 165...... 40587 3620...... 40373 933...... 41702 935...... 41702 36 CFR 44 CFR 24 CFR 936...... 41702 103...... 41480 31...... 40996 64...... 40525 942...... 41702 111...... 41282 211...... 415070 65...... 40527 945...... 41702 115...... 41282 Proposed Rules: Proposed Rules: 952...... 41702 3500...... 41944 7...... 41058 67...... 40595 971...... 41702 242...... 41060 1801...... 40533 25 CFR 46 CFR 1802...... 40533 Proposed Rules: 37 CFR 31...... 41684 1803...... 40533 214...... 41365 101...... 40997 35...... 41684 1804...... 40533 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Reader Aids iii

1805...... 40533 1806...... 40533 1852...... 40533 Proposed Rules: 1...... 41212 4...... 41212, 41214 5...... 41212 7...... 40284 12...... 41214 14...... 41212 15...... 40284, 41214 16...... 40284, 41214 25...... 41214 31...... 41214 36...... 41212 37...... 40284 46...... 40284, 41214 52...... 40284, 41214 909...... 40775 952...... 40775 970...... 40775

49 CFR 192...... 41019 571...... 41355, 41510 Proposed Rules: 361...... 40781 362...... 40781 363...... 40781 364...... 40781 385...... 40781 386...... 40781 391...... 40781 393...... 40781 571 ...... 40784, 41510, 41764

50 CFR 13...... 40481 14...... 40481 17...... 41020 222...... 41514 285...... 40352 660...... 40156, 40157 679 ...... 40158, 40353, 40748, 41024, 41363, 41523, 41744 Proposed Rules: 30...... 41115 100...... 41060 216...... 40377 217...... 41116 222...... 41116, 41541 227...... 40810 679...... 40380 iv Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Reader Aids

REMINDERS Federal regulatory reform; promulgation; various The items in this list were published 8-1-96 COMMENTS DUE NEXT States: editorially compiled as an aid LABOR DEPARTMENT WEEK Tennessee; comments due by 8-12-96; published 7- to Federal Register users. Occupational Safety and Inclusion or exclusion from 11-96 Health Administration AGRICULTURE this list has no legal DEPARTMENT Wisconsin; comments due significance. Construction safety and health by 8-16-96; published 7- Agricultural Marketing standards; 17-96 Service General industry safety and Clean Air Act: RULES GOING INTO health standards Potatoes (Irish) grown in-- State operating permits applicable to construction Colorado; comments due by EFFECT TODAY programs-- work; incorpration; 8-14-96; published 7-15- Tennessee; comments ENERGY DEPARTMENT amendment; published 8- 96 12-96 due by 8-12-96; Patent waiver regulation; AGRICULTURE published 7-11-96 TRANSPORTATION DEPARTMENT published 7-12-96 Hazardous waste: DEPARTMENT Animal and Plant Health ENVIRONMENTAL Indian Tribe's hazardous Coast Guard Inspection Service PROTECTION AGENCY waste programs Plant-related quarantine, Air quality implementation Drawbridge operations: authorization under domestic: plans; approval and Michigan; published 5-14-96 Subtitle C of Resource promulgation; various Corn cyst nematode; Conservation and States: TRANSPORTATION comments due by 8-15- Recovery Act; comments DEPARTMENT 96; published 7-16-96 California; published 6-12-96 due by 8-13-96; published Federal Aviation Indiana; published 6-13-96 AGRICULTURE 6-14-96 Administration DEPARTMENT Tennessee; published 6-12- Pesticides; tolerances in food, 96 Airworthiness directives: Farm Service Agency animal feeds, and raw agricultural commodities: Air quality planning purposes; AlliedSignal, Inc.; published Farm marketing quotas, designation of areas: 6-13-96 acreage allotments, and Cyfluthrin; comments due by Superior Air Parts, Inc.; production adjustments: 8-16-96; published 7-17- Idaho; correction; published 96 6-12-96 published 6-12-96 Peanuts; comments due by 8-15-96; published 7-16- VOR Federal airways; Glyphosate; comments due FEDERAL 96 published 8-12-96 by 8-12-96; published 7- COMMUNICATIONS 12-96 COMMISSION COMMERCE DEPARTMENT TRANSPORTATION Superfund program: Radio services, special: DEPARTMENT National Oceanic and Atmospheric Administration National oil and hazardous Microwave facilities Research and Special Fishery conservation and substances contingency operating in 1850 to 1990 Programs Administration management: plan-- MHz (2 GHz band); Pipeline safety: relocation costs sharing; Alantic surf clam and ocean National priorities list published 6-12-96 Voluntary specifications and quahog; comments due update; comments due standards, etc.; periodic by 8-13-96; published 6- by 8-14-96; published Radio stations; table of updates; Federal 20-96 7-15-96 assignments: regulatory reform Bering Sea and Aleutian National priorities list North Carolina; published 7- Correction; published 7- Islands groundfish; update; comments due 3-96 15-96 comments due by 8-15- by 8-16-96; published South Carolina; published 7- 96; published 7-16-96 6-17-96 3-96 TREASURY DEPARTMENT FEDERAL Alcohol, Tobacco and ENVIRONMENTAL Virginia; published 7-3-96 COMMUNICATIONS Firearms Bureau PROTECTION AGENCY Washington; published 7-3- Air and water programs: COMMISSION 96 Alcohol; viticultural area Common carrier services: designations: Pulp, paper, and paperboard Television stations; table of industries; effluent 31.0-31.3 GHz frequency assignments: Paso Robles, CA; published limitations guidelines, band designation to local Wisconsin; published 7-3-96 6-13-96 pretreatment standards, multipoint distribution FEDERAL RESERVE Practice and procedure: and new source services for hub-to- SYSTEM Procedural rules statement; performance standards; subscriber and subscriber- comments due by 8-14- to-hub transmissions; Securities credit transactions; CFR part removed; and 96; published 7-15-96 comments due by 8-12- OTC margin stocks list procedure and 96; published 7-29-96 (Regulations G, T, U, and administration; Federal Air programs; fuels and fuel X), and foreign margin regulatory reform; additives: Telephone number stocks list; published 7-30- published 6-13-96 Health-effects testing portability; cost recovery; comments due by 8-16- 96 TREASURY DEPARTMENT requirements for registration; minor 96; published 7-25-96 FEDERAL RETIREMENT Fiscal Service changes; comments due Personal communications THRIFT INVESTMENT Financial management BOARD by 8-12-96; published 7- services: services: 11-96 Allocation of fiduciary Commercial mobile radio Delivery of checks and responsibility; CFR part Registration requirements services licensees-- warrants to addresses removed; published 7-12-96 changes, and applicability Geographic partitioning outside the U.S., its to blenders of deposit and spectrum HEALTH AND HUMAN territories and control gasoline additives; disaggregation ; market SERVICES DEPARTMENT possessions-- comments due by 8-12- entry barriers Food and Drug Vietnam; reference 96; published 7-11-96 elimination; comments Administration removed; published 8- Air quality implementation due by 8-15-96; Biological products: 12-96 plans; approval and published 7-25-96 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Reader Aids v

Radio stations; table of Lloyd's hedgehog cactus; AlliedSignal, Inc.; comments Denatured alcohol and rum; assignments: comments due by 8-13- due by 8-14-96; published distribution and use; Arkansas; comments due by 96; published 6-14-96 6-11-96 Federal regulatory review; 8-12-96; published 7-2-96 JUSTICE DEPARTMENT Beech; comments due by 8- comments due by 8-12- 16-96; published 6-13-96 96; published 6-13-96 Hawaii; comments due by Immigration and 8-12-96; published 7-2-96 Naturalization Service Bombardier; comments due Tax-free alcohol; distribution by 8-16-96; published 7-8- Michigan; comments due by Immigration: and use; comments due 8-12-96; published 7-8-96 96 by 8-12-96; published 6- Nonimmigrant status Dornier; comments due by Missouri; comments due by 13-96 conditions; information 8-12-96; published 6-11- 8-12-96; published 7-2-96 disclosure; comments due 96 Volatile fruit-flavor Telecommunications Act of by 8-13-96; published 6- New Piper Aircraft, Inc.; concentrate; production; 1996; implementation: 14-96 comments due by 8-16- comments due by 8-12- In-region, interstate, LIBRARY OF CONGRESS 96; published 6-13-96 96; published 6-13-96 domestic interLATA Copyright Office, Library of Pilatus Aircraft Ltd.; Practice and procedure: services by Bell Operating Congress comments due by 8-14- Companies; comments Federal regulatory review; Procedures and services: 96; published 6-11-96 comments due by 8-12- due by 8-15-96; published Rolls-Royce plc; comments 7-29-96 Copyright claims; group 96; published 6-13-96 registration of photographs due by 8-12-96; published FEDERAL RESERVE 6-12-96 TREASURY DEPARTMENT Correction; comments due SYSTEM Schweizer Aircraft Corp. et by 8-15-96; published Internal Revenue Service Reserve requirements of al.; comments due by 8- 6-26-96 depository institutions 16-96; published 6-17-96 Income taxes: (Regulation D): PERSONNEL MANAGEMENT Airworthiness standards: Partnership termination; Time deposits, nonpersonal OFFICE Special conditions-- comments due by 8-15- time deposits, Conflict of Interest; comments Agusta models A109D 96; published 5-13-96 due by 8-15-96; published Eurocurrency liabilities, and A109E helicopters; Procedure and administration: etc.; comments due by 8- 7-16-96 comments due by 8-12- 16-96; published 6-17-96 Prevailing rates systems; 96; published 6-13-96 Domestic unincorporated FEDERAL TRADE comments due by 8-12-96; Class D and Class E business organizations COMMISSION published 7-12-96 airspace; comments due by classification as partnerships or TRANSPORTATION 8-12-96; published 6-24-96 Industry guides: associations; hearing; DEPARTMENT Class E airspace; comments Jewelry, precious metals, comments due by 8-12- and pewter industries; Privacy Act; implementation due by 8-12-96; published 6-24-96 96; published 5-13-96 comments due by 8-12- Federal regulatory review; 96; published 5-30-96 comments due by 8-12- TRANSPORTATION TREASURY DEPARTMENT DEPARTMENT INTERIOR DEPARTMENT 96; published 6-11-96 Thrift Supervision Office Federal Highway Indian Affairs Bureau TRANSPORTATION Administration Conflicts of interest, corporate DEPARTMENT Land and water: Right-of-way and environment: opportunity, and hazard Osage Roll; certificate of Federal Aviation Federal regulatory review-- insurance; comments due Administration by 8-13-96; published 6-14- competency; Federal Mitigation of impacts to 96 regulatory review; Airports: wetlands; comments comments due by 8-16- Passenger facility charges; due by 8-16-96; Operations: 96; published 6-17-96 comments due by 8-16- published 6-17-96 Subsidiaries and equity 96; published 5-21-96 INTERIOR DEPARTMENT TREASURY DEPARTMENT investments; Federal Fish and Wildlife Service Airworthiness directives: Alcohol, Tobacco and regulatory review; Endangered and threatened Airbus; comments due by 8- Firearms Bureau comments due by 8-12- species: 12-96; published 7-1-96 Alcoholic beverages: 96; published 6-13-96 vi Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Reader Aids

CFR CHECKLIST Title Stock Number Price Revision Date 60–139 ...... (869–028–00041–0) ...... 30.00 Jan. 1, 1996 140–199 ...... (869–028–00042–8) ...... 13.00 Jan. 1, 1996 This checklist, prepared by the Office of the Federal Register, is 200–1199 ...... (869–028–00043–6) ...... 23.00 Jan. 1, 1996 published weekly. It is arranged in the order of CFR titles, stock 1200–End ...... (869–028–00044–4) ...... 16.00 Jan. 1, 1996 numbers, prices, and revision dates. 15 Parts: An asterisk (*) precedes each entry that has been issued since last 0–299 ...... (869–028–00045–2) ...... 16.00 Jan. 1, 1996 week and which is now available for sale at the Government Printing 300–799 ...... (869–028–00046–1) ...... 26.00 Jan. 1, 1996 Office. 800–End ...... (869–028–00047–9) ...... 18.00 Jan. 1, 1996 A checklist of current CFR volumes comprising a complete CFR set, also appears in the latest issue of the LSA (List of CFR Sections 16 Parts: Affected), which is revised monthly. 0–149 ...... (869–028–00048–7) ...... 6.50 Jan. 1, 1996 150–999 ...... (869–028–00049–5) ...... 19.00 Jan. 1, 1996 The annual rate for subscription to all revised volumes is $883.00 1000–End ...... (869–028–00050–9) ...... 26.00 Jan. 1, 1996 domestic, $220.75 additional for foreign mailing. Mail orders to the Superintendent of Documents, Attn: New Orders, 17 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–199 ...... (869–028–00052–5) ...... 21.00 Apr. 1, 1996 accompanied by remittance (check, money order, GPO Deposit 200–239 ...... (869–028–00053–3) ...... 25.00 Apr. 1, 1996 Account, VISA, or Master Card). Charge orders may be telephoned 240–End ...... (869–028–00054–1) ...... 31.00 Apr. 1, 1996 to the GPO Order Desk, Monday through Friday, at (202) 512±1800 18 Parts: from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 1–149 ...... (869–028–00055–0) ...... 17.00 Apr. 1, 1996 to (202) 512-2250. 150–279 ...... (869–028–00056–8) ...... 12.00 Apr. 1, 1996 Title Stock Number Price Revision Date 280–399 ...... (869–028–00057–6) ...... 13.00 Apr. 1, 1996 400–End ...... (869–028–00058–4) ...... 11.00 Apr. 1, 1996 1, 2 (2 Reserved) ...... (869–028–00001–1) ...... $4.25 Feb. 1, 1996 19 Parts: 3 (1995 Compilation 1–140 ...... (869–028–00059–2) ...... 26.00 Apr. 1, 1996 and Parts 100 and 141–199 ...... (869–028–00060–6) ...... 23.00 Apr. 1, 1996 1 101) ...... (869–028–00002–9) ...... 22.00 Jan. 1, 1996 200–End ...... (869–028–00061–4) ...... 12.00 Apr. 1, 1996 4 ...... (869–028–00003–7) ...... 5.50 Jan. 1, 1996 20 Parts: 5 Parts: 1–399 ...... (869–028–00062–2) ...... 20.00 Apr. 1, 1996 1–699 ...... (869–028–00004–5) ...... 26.00 Jan. 1, 1996 400–499 ...... (869–028–00063–1) ...... 35.00 Apr. 1, 1996 700–1199 ...... (869–028–00005–3) ...... 20.00 Jan. 1, 1996 500–End ...... (869–028–00064–9) ...... 32.00 Apr. 1, 1996 1200–End, 6 (6 21 Parts: Reserved) ...... (869–028–00006–1) ...... 25.00 Jan. 1, 1996 1–99 ...... (869–028–00065–7) ...... 16.00 Apr. 1, 1996 7 Parts: 100–169 ...... (869–028–00066–5) ...... 22.00 Apr. 1, 1996 0–26 ...... (869–028–00007–0) ...... 22.00 Jan. 1, 1996 170–199 ...... (869–026–00069–7) ...... 22.00 Apr. 1, 1995 27–45 ...... (869–028–00008–8) ...... 11.00 Jan. 1, 1996 200–299 ...... (869–028–00068–1) ...... 7.00 Apr. 1, 1996 46–51 ...... (869–028–00009–6) ...... 13.00 Jan. 1, 1996 300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 52 ...... (869–028–00010–0) ...... 5.00 Jan. 1, 1996 500–599 ...... (869–026–00072–7) ...... 22.00 Apr. 1, 1995 53–209 ...... (869–028–00011–8) ...... 17.00 Jan. 1, 1996 600–799 ...... (869–028–00071–1) ...... 8.50 Apr. 1, 1996 210–299 ...... (869–028–00012–6) ...... 35.00 Jan. 1, 1996 800–1299 ...... (869–026–00074–3) ...... 23.00 Apr. 1, 1995 300–399 ...... (869–028–00013–4) ...... 17.00 Jan. 1, 1996 1300–End ...... (869–028–00073–8) ...... 14.00 Apr. 1, 1996 400–699 ...... (869–028–00014–2) ...... 22.00 Jan. 1, 1996 700–899 ...... (869–028–00015–1) ...... 25.00 Jan. 1, 1996 22 Parts: 900–999 ...... (869–028–00016–9) ...... 30.00 Jan. 1, 1996 1–299 ...... (869–028–00074–6) ...... 36.00 Apr. 1, 1996 1000–1199 ...... (869–028–00017–7) ...... 35.00 Jan. 1, 1996 300–End ...... (869–028–00075–4) ...... 24.00 Apr. 1, 1996 1200–1499 ...... (869–028–00018–5) ...... 29.00 Jan. 1, 1996 23 ...... (869–028–00076–2) ...... 21.00 Apr. 1, 1996 1500–1899 ...... (869–028–00019–3) ...... 41.00 Jan. 1, 1996 1900–1939 ...... (869–028–00020–7) ...... 16.00 Jan. 1, 1996 24 Parts: 1940–1949 ...... (869–028–00021–5) ...... 31.00 Jan. 1, 1996 0–199 ...... (869–028–00077–1) ...... 30.00 May 1, 1996 1950–1999 ...... (869–028–00022–3) ...... 39.00 Jan. 1, 1996 200–219 ...... (869–028–00078–9) ...... 14.00 Apr. 1, 1996 2000–End ...... (869–028–00023–1) ...... 15.00 Jan. 1, 1996 *220–499 ...... (869–028–00079–7) ...... 13.00 Apr. 1, 1996 *500–699 ...... (869–028–00080–1) ...... 14.00 Apr. 1, 1996 8 ...... (869–028–00024–0) ...... 23.00 Jan. 1, 1996 *700–899 ...... (869–028–00081–9) ...... 13.00 Apr. 1, 1996 9 Parts: 900–1699 ...... (869–026–00084–1) ...... 24.00 Apr. 1, 1995 1–199 ...... (869–028–00025–8) ...... 30.00 Jan. 1, 1996 1700–End ...... (869–028–00083–5) ...... 14.00 May 1, 1996 200–End ...... (869–028–00026–6) ...... 25.00 Jan. 1, 1996 25 ...... (869–028–00084–3) ...... 32.00 Apr. 1, 1996 10 Parts: 26 Parts: 0–50 ...... (869–028–00027–4) ...... 30.00 Jan. 1, 1996 §§ 1.0-1–1.60 ...... (869–028–00085–1) ...... 21.00 Apr. 1, 1996 51–199 ...... (869–028–00028–2) ...... 24.00 Jan. 1, 1996 §§ 1.61–1.169 ...... (869–028–00086–0) ...... 34.00 Apr. 1, 1996 200–399 ...... (869–028–00029–1) ...... 5.00 Jan. 1, 1996 §§ 1.170–1.300 ...... (869–028–00087–8) ...... 24.00 Apr. 1, 1996 400–499 ...... (869–028–00030–4) ...... 21.00 Jan. 1, 1996 §§ ...... 500–End ...... (869–028–00031–2) ...... 34.00 Jan. 1, 1996 1.301–1.400 (869–028–00088–6) 17.00 Apr. 1, 1996 §§ 1.401–1.440 ...... (869–028–00089–4) ...... 31.00 Apr. 1, 1996 11 ...... (869–028–00032–1) ...... 15.00 Jan. 1, 1996 §§ 1.441-1.500 ...... (869-028-00090-8) ...... 22.00 Apr. 1, 1996 12 Parts: §§ 1.501–1.640 ...... (869–028–00091–6) ...... 21.00 Apr. 1, 1996 1–199 ...... (869–028–00033–9) ...... 12.00 Jan. 1, 1996 §§ 1.641–1.850 ...... (869–028–00092–4) ...... 25.00 Apr. 1, 1996 200–219 ...... (869–028–00034–7) ...... 17.00 Jan. 1, 1996 §§ 1.851–1.907 ...... (869–028–00093–2) ...... 26.00 Apr. 1, 1996 220–299 ...... (869–028–00035–5) ...... 29.00 Jan. 1, 1996 §§ 1.908–1.1000 ...... (869–028–00094–1) ...... 26.00 Apr. 1, 1996 300–499 ...... (869–028–00036–3) ...... 21.00 Jan. 1, 1996 §§ 1.1001–1.1400 ...... (869–028–00095–9) ...... 26.00 Apr. 1, 1996 500–599 ...... (869–028–00037–1) ...... 20.00 Jan. 1, 1996 §§ 1.1401–End ...... (869–028–00096–7) ...... 35.00 Apr. 1, 1996 600–End ...... (869–028–00038–0) ...... 31.00 Jan. 1, 1996 2–29 ...... (869–028–00097–5) ...... 28.00 Apr. 1, 1996 30–39 ...... (869–028–00098–3) ...... 20.00 Apr. 1, 1996 13 ...... (869–028–00039–8) ...... 18.00 Mar. 1, 1996 40–49 ...... (869–028–00099–1) ...... 13.00 Apr. 1, 1996 14 Parts: 50–299 ...... (869–028–00100–9) ...... 14.00 Apr. 1, 1996 1–59 ...... (869–028–00040–1) ...... 34.00 Jan. 1, 1996 300–499 ...... (869–028–00101–7) ...... 25.00 Apr. 1, 1996 Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Reader Aids vii

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–028–00102–5) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–026–00157–0) ...... 25.00 July 1, 1995 600–End ...... (869–028–00103–3) ...... 8.00 Apr. 1, 1996 790–End ...... (869–026–00158–8) ...... 15.00 July 1, 1995 27 Parts: 41 Chapters: 1–199 ...... (869–028–00104–1) ...... 44.00 Apr. 1, 1996 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–028–00105–0) ...... 13.00 Apr. 1, 1996 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–026–00108–1) ...... 27.00 July 1, 1995 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-026-00109-0) ...... 22.00 July 1, 1995 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–026–00110–3) ...... 21.00 July 1, 1995 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–026–00111–1) ...... 9.50 July 1, 1995 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–026–00112–0) ...... 36.00 July 1, 1995 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–026–00113–8) ...... 17.00 July 1, 1995 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 1910.999) ...... (869–026–00114–6) ...... 33.00 July 1, 1995 101 ...... (869–026–00160–0) ...... 29.00 July 1, 1995 1910 (§§ 1910.1000 to 102–200 ...... (869–026–00161–8) ...... 15.00 July 1, 1995 end) ...... (869–026–00115–4) ...... 22.00 July 1, 1995 201–End ...... (869–026–00162–6) ...... 13.00 July 1, 1995 1911–1925 ...... (869–026–00116–2) ...... 27.00 July 1, 1995 42 Parts: 1926 ...... (869–026–00117–1) ...... 35.00 July 1, 1995 1–399 ...... (869–026–00163–4) ...... 26.00 Oct. 1, 1995 1927–End ...... (869–026–00118–9) ...... 36.00 July 1, 1995 400–429 ...... (869–026–00164–2) ...... 26.00 Oct. 1, 1995 30 Parts: 430–End ...... (869–026–00165–1) ...... 39.00 Oct. 1, 1995 1–199 ...... (869–026–00119–7) ...... 25.00 July 1, 1995 43 Parts: 200–699 ...... (869–026–00120–1) ...... 20.00 July 1, 1995 1–999 ...... (869–026–00166–9) ...... 23.00 Oct. 1, 1995 700–End ...... (869–026–00121–9) ...... 30.00 July 1, 1995 1000–3999 ...... (869–026–00167–7) ...... 31.00 Oct. 1, 1995 31 Parts: 4000–End ...... (869–026–00168–5) ...... 15.00 Oct. 1, 1995 0–199 ...... (869–026–00122–7) ...... 15.00 July 1, 1995 44 ...... (869–026–00169–3) ...... 24.00 Oct. 1, 1995 200–End ...... (869–026–00123–5) ...... 25.00 July 1, 1995 45 Parts: 32 Parts: 1–199 ...... (869–022–00170–7) ...... 22.00 Oct. 1, 1995 1–39, Vol. I ...... 15.00 2 July 1, 1984 200–499 ...... (869–026–00171–5) ...... 14.00 Oct. 1, 1995 1–39, Vol. II ...... 19.00 2 July 1, 1984 500–1199 ...... (869–026–00172–3) ...... 23.00 Oct. 1, 1995 1–39, Vol. III ...... 18.00 2 July 1, 1984 1200–End ...... (869–026–00173–1) ...... 26.00 Oct. 1, 1995 1–190 ...... (869–026–00124–3) ...... 32.00 July 1, 1995 191–399 ...... (869–026–00125–1) ...... 38.00 July 1, 1995 46 Parts: 400–629 ...... (869–026–00126–0) ...... 26.00 July 1, 1995 1–40 ...... (869–026–00174–0) ...... 21.00 Oct. 1, 1995 630–699 ...... (869–026–00127–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–026–00175–8) ...... 17.00 Oct. 1, 1995 ...... 700–799 ...... (869–026–00128–6) ...... 21.00 July 1, 1995 70–89 (869–026–00176–6) 8.50 Oct. 1, 1995 90–139 ...... (869–026–00177–4) ...... 15.00 Oct. 1, 1995 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 140–155 ...... (869–026–00178–2) ...... 12.00 Oct. 1, 1995 33 Parts: 156–165 ...... (869–026–00179–1) ...... 17.00 Oct. 1, 1995 1–124 ...... (869–026–00130–8) ...... 20.00 July 1, 1995 166–199 ...... (869–026–00180–4) ...... 17.00 Oct. 1, 1995 125–199 ...... (869–026–00131–6) ...... 27.00 July 1, 1995 200–499 ...... (869–026–00181–2) ...... 19.00 Oct. 1, 1995 200–End ...... (869–026–00132–4) ...... 24.00 July 1, 1995 500–End ...... (869–026–00182–1) ...... 13.00 Oct. 1, 1995 34 Parts: 47 Parts: 1–299 ...... (869–026–00133–2) ...... 25.00 July 1, 1995 0–19 ...... (869–026–00183–9) ...... 25.00 Oct. 1, 1995 300–399 ...... (869–026–00134–1) ...... 21.00 July 1, 1995 20–39 ...... (869–026–00184–7) ...... 21.00 Oct. 1, 1995 400–End ...... (869–026–00135–9) ...... 37.00 July 5, 1995 40–69 ...... (869–026–00185–5) ...... 14.00 Oct. 1, 1995 70–79 ...... (869–026–00186–3) ...... 24.00 Oct. 1, 1995 35 ...... (869–026–00136–7) ...... 12.00 July 1, 1995 80–End ...... (869–026–00187–1) ...... 30.00 Oct. 1, 1995 36 Parts 48 Chapters: 1–199 ...... (869–026–00137–5) ...... 15.00 July 1, 1995 1 (Parts 1–51) ...... (869–026–00188–0) ...... 39.00 Oct. 1, 1995 200–End ...... (869–026–00138–3) ...... 37.00 July 1, 1995 1 (Parts 52–99) ...... (869–026–00189–8) ...... 24.00 Oct. 1, 1995 37 ...... (869–026–00139–1) ...... 20.00 July 1, 1995 2 (Parts 201–251) ...... (869–026–00190–1) ...... 17.00 Oct. 1, 1995 38 Parts: 2 (Parts 252–299) ...... (869–026–00191–0) ...... 13.00 Oct. 1, 1995 ...... 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 (869–026–00192–8) 23.00 Oct. 1, 1995 7–14 ...... (869–026–00193–6) ...... 28.00 Oct. 1, 1995 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 15–28 ...... (869–026–00194–4) ...... 31.00 Oct. 1, 1995 39 ...... (869–026–00142–1) ...... 17.00 July 1, 1995 29–End ...... (869–026–00195–2) ...... 19.00 Oct. 1, 1995 40 Parts: 49 Parts: 1–51 ...... (869–026–00143–0) ...... 40.00 July 1, 1995 1–99 ...... (869–026–00196–1) ...... 25.00 Oct. 1, 1995 52 ...... (869–026–00144–8) ...... 39.00 July 1, 1995 100–177 ...... (869–026–00197–9) ...... 34.00 Oct. 1, 1995 53–59 ...... (869–026–00145–6) ...... 11.00 July 1, 1995 178–199 ...... (869–026–00198–7) ...... 22.00 Oct. 1, 1995 60 ...... (869-026-00146-4) ...... 36.00 July 1, 1995 200–399 ...... (869–026–00199–5) ...... 30.00 Oct. 1, 1995 61–71 ...... (869–026–00147–2) ...... 36.00 July 1, 1995 400–999 ...... (869–026–00200–2) ...... 40.00 Oct. 1, 1995 72–85 ...... (869–026–00148–1) ...... 41.00 July 1, 1995 1000–1199 ...... (869–026–00201–1) ...... 18.00 Oct. 1, 1995 86 ...... (869–026–00149–9) ...... 40.00 July 1, 1995 1200–End ...... (869–026–00202–9) ...... 15.00 Oct. 1, 1995 87–149 ...... (869–026–00150–2) ...... 41.00 July 1, 1995 50 Parts: 150–189 ...... (869–026–00151–1) ...... 25.00 July 1, 1995 1–199 ...... (869–026–00203–7) ...... 26.00 Oct. 1, 1995 190–259 ...... (869–026–00152–9) ...... 17.00 July 1, 1995 200–599 ...... (869–026–00204–5) ...... 22.00 Oct. 1, 1995 260–299 ...... (869–026–00153–7) ...... 40.00 July 1, 1995 600–End ...... (869–026–00205–3) ...... 27.00 Oct. 1, 1995 300–399 ...... (869–026–00154–5) ...... 21.00 July 1, 1995 400–424 ...... (869–026–00155–3) ...... 26.00 July 1, 1995 CFR Index and Findings 425–699 ...... (869–026–00156–1) ...... 30.00 July 1, 1995 Aids ...... (869–028–00051–7) ...... 35.00 Jan. 1, 1996 viii Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / Reader Aids

Title Stock Number Price Revision Date Complete 1996 CFR set ...... 883.00 1996 Microfiche CFR Edition: Subscription (mailed as issued) ...... 264.00 1996 Individual copies ...... 1.00 1996 Complete set (one-time mailing) ...... 264.00 1995 Complete set (one-time mailing) ...... 244.00 1994 Complete set (one-time mailing) ...... 223.00 1993 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1996. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1995. The CFR volume issued July 1, 1991, should be retained.