Pages 54151±54290 Vol. 60 10±20±95 No. 203 federal register October 20,1995 Friday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser
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Contents Federal Register Vol. 60, No. 203
Friday, October 20, 1995
Agriculture Department Employment Standards Administration See Forest Service NOTICES Minimum wages for Federal and federally-assisted Army Department construction; general wage determination decisions, NOTICES 54259–54260 Environmental statements; availability, etc.: Base realignment and closure— Energy Department Jefferson Proving Ground, IN, 54217–54218 See Federal Energy Regulatory Commission Meetings: See Western Area Power Administration Science Board, 54218 NOTICES Environmental statements; availability, etc.: Blind or Severely Disabled, Committee for Purchase From Hanford Site, WA— People Who Are Tank wastes; safe interim storage, 54221–54223 See Committee for Purchase From People Who Are Blind or Severely Disabled Environmental Protection Agency PROPOSED RULES Civil Rights Commission Hazardous waste: NOTICES Identification and listing— Meetings; State advisory committees: Dye and pigment production, 54207–54208 New Mexico, 54212 NOTICES Environmental statements; availability, etc.: Commerce Department Agency statements— See International Trade Administration Comment availability, 54226 See National Institute of Standards and Technology Weekly receipts, 54226–54227 See National Oceanic and Atmospheric Administration
Committee for Purchase From People Who Are Blind or Equal Employment Opportunity Commission Severely Disabled PROPOSED RULES Older Workers Benefit Protection Act Negotiated RULES Contracting requirements: Rulemaking Advisory Committee: Mandatory source requirement; revision, 54199–54200 Establishment, 54207 NOTICES Procurement list; additions and deletions, 54216–54217 Executive Office of the President See Trade Representative, Office of United States Customs Service RULES Farm Credit Administration Customs inspectional services; baggage examination, NOTICES 54187–54188 Meetings; Sunshine Act, 54285
Defense Department Federal Aviation Administration See Army Department PROPOSED RULES See Navy Department Airworthiness directives: RULES Airbus, 54202–54203 Privacy Act; implementation, 54197–54198 Pratt & Whitney, 54203–54205 NOTICES Class E airspace, 54205–54207 Federal Acquisition Regulation (FAR): NOTICES Agency information collection activities under OMB Airport rates and charges; policy statement review, 54219–54221 Comment period extension, 54282 Meetings: Government-Industry Advisory Committee, 54217 Federal Communications Commission NOTICES Employment and Training Administration Agency information collection activities under OMB NOTICES review: Adjustment assistance: Proposed agency information collection activities; Brown Shoe Co. et al., 54256–54257 comment request, 54227–54230 FHF Apparel et al., 54257 Pine Shirt Co., 54258–54259 Federal Energy Regulatory Commission Portac Inc. of Tacoma, 54259 NOTICES Adjustment assistance and NAFTA transitional adjustment Electric rate and corporate regulation filings: assistance: Green Mountain Power Corp. et al., 54223–54224 Liz Claiborne et al., 54257–54258 Environmental statements; availability, etc.: NAFTA transitional adjustment assistance: Lake Junaluska, NC, 54224 Farah Manufacturing Co., 54259 New Martinsville, WV, 54224 IV Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Contents
Applications, hearings, determinations, etc.: Forest Service Florida Gas Transmission Co., 54225 NOTICES National Fuel Gas Supply Corp., 54224–54225 Meetings: PacifiCorp, 54225–54226 Southwest Washington Provincial Advisory Committee, 54212 Federal Highway Administration NOTICES General Services Administration Environmental statements; notice of intent: NOTICES Oneida County, NY, 54281–54282 Federal Acquisition Regulation (FAR): Agency information collection activities under OMB Federal Maritime Commission review, 54219–54221 NOTICES Agreements filed, etc., 54230 Health and Human Services Department Casualty and nonperformance certificates: See Food and Drug Administration Kloster Cruise Ltd. et al., 54230 See Health Resources and Services Administration Freight forwarder licenses: See National Institutes of Health Hussain, Monwar, et al., 54230 See Substance Abuse and Mental Health Services Administration Federal Mine Safety and Health Review Commission NOTICES Health Resources and Services Administration Meetings; Sunshine Act, 54285 NOTICES Advisory committees; annual reports; availability, 54237 Federal Reserve System Agency information collection activities under OMB review NOTICES Proposed agency information collection activities; Meetings; Sunshine Act, 54285 comment request, 54237–54238 Grants and cooperative agreements; availability, etc.: Federal Trade Commission Dentistry general practice; residency training and RULES advanced education; public health traineeships; Trade regulation rules: interdisciplinary training for rural areas health care, Cooling-off period for door-to-door sales; amendments, 54238–54241 54180–54187 General internal medicine and pediatrics programs, NOTICES 54241–54243 Meetings; Sunshine Act, 54285 Nurse practitioner, midwifery, anesthetist programs, Premerger notification waiting periods; early terminations, 54243–54246 54231–54232 Prohibited trade practices: Housing and Urban Development Department Haren, James H., et al., 54232 NOTICES Grants and cooperative agreements; availability, etc.: Fish and Wildlife Service Facilities to assist homeless— PROPOSED RULES Excess and surplus Federal property, 54247–54250 Importation, exportation, and transportation of wildlife: Polar bear trophies importation from Canada— Interior Department Legal and scientific findings, 54210 See Fish and Wildlife Service See Land Management Bureau Food and Drug Administration See National Park Service RULES Animal drugs, feeds, and related products: International Trade Administration Lasalocid, 54193–54194 NOTICES Sponsor name and address changes— North American Free Trade Agreement; binational panel Bayer Corp., Agriculture Division, Animal Health, reviews: 54193 Machine-tufted carpeting from— Food additives: United States, 54212 Polymers— Scope rulings; list, 54213–54215 Ethylene-maleic anhydride copolymers, 54188–54190 GRAS or prior-sanctioned ingredients: Interstate Commerce Commission Aminopeptidase enzyme preparation derived from NOTICES lactococcus lactis, 54190–54193 Railroad operation, acquisition, construction, etc.: NOTICES Orange Point Terminal Railway, 54253 Color additive petitions: Peterson, Russell A., 54253 Gist-brocades NV, 54232–54233 Railroad services abandonment: Meetings: CSX Transportation, Inc., 54252–54253 Advisory committees, panels, etc., 54233–54237 Justice Department Foreign Assets Control Office See National Institute of Corrections RULES See Prisons Bureau Cuban assets control regulations: NOTICES Travel transactions, reciprocal establishment of news Pollution control; consent judgments: organization offices, etc., 54194–54197 Able Marine, Inc., et al., 54253–54254 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Contents V
Amtel, Inc., et al., 54254 National Park Service Chevron U.S.A., Inc., et al., 54254–54255 NOTICES F&H Manufacturing Corp., 54255 Environmental statements; availability, etc.: Thomas, Kenneth L., et al., 54255 Channel Islands National Park, CA, 54251–54252 TMG Enterprises, Inc., et al., 54255–54256 Strategic plan (1996); preparation; public consultation Watertown, SD, et al., 54256 workshops, 54252
Labor Department Navy Department See Employment and Training Administration RULES See Employment Standards Administration Navigation, COLREGS compliance exemptions: USS Stout, 54198–54199 NOTICES Land Management Bureau Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Meetings: Santa Fe Laser Co., 54218 Bakersfield Resource Advisory Council, 54250 Sterling, William D., et al., 54218 Wyoming Resource Advisory Council, 54250–54251 Realty actions; sales, leases, etc.: Nuclear Regulatory Commission California, 54251 NOTICES Resource management plans, etc.: Environmental statements; availability, etc.: Pocatello Resource Area, ID, 54251 Sequoyah Fuels Corp. Uranium Conversion Facility, OK, 54260–54264 Mine Safety and Health Federal Review Commission Meetings: See Federal Mine Safety and Health Review Commission Reactor Safeguards Advisory Committee, 54264–54265 Operating licenses, amendments; no significant hazards National Aeronautics and Space Administration considerations; biweekly notices; correction, 54265 PROPOSED RULES Office of United States Trade Representative Acquisition regulations: See Trade Representative, Office of United States Shared savings clause, 54208–54210 NOTICES Postal Service Federal Acquisition Regulation (FAR): NOTICES Agency information collection activities under OMB Environmental statements; availability, etc.: review, 54219–54221 Priority mail processing system, 54265
National Institute of Corrections Prisons Bureau NOTICES PROPOSED RULES Meetings: Inmate control, custody, care, etc.: Advisory Board, 54256 Inmate organizations; fund-raising activities; prohibition, 54289–54290 National Institute of Standards and Technology Plastic surgery, 54288 NOTICES Meetings: Public Health Service Open architecture Enhanced Machine Controller (EMC); See Food and Drug Administration cooperative research and development consortium, See Health Resources and Services Administration 54215–54216 See National Institutes of Health See Substance Abuse and Mental Health Services Administration National Institutes of Health NOTICES Railroad Retirement Board Meetings: NOTICES National Institute of Mental Health, 54246 Agency information collection activities under OMB National Institute on Aging, 54246–54247 review: National Institute on Deafness and Other Communication Proposed agency information collection activities; Disorders, 54246 comment request, 54265–54266
National Oceanic and Atmospheric Administration Securities and Exchange Commission RULES NOTICES Fishery conservation and management: Self-regulatory organizations; proposed rule changes: Gulf of Alaska groundfish, 54200–54201 American Stock Exchange, Inc., 54266–54268 PROPOSED RULES Chicago Board Options Exchange, Inc., 54269–54273 Atlantic surf clam and ocean quahog; paralytic shellfish Chicago Stock Exchange, Inc., 54268–54269 poisoning testing protocol; public meeting, 54211 Depository Trust Co., 54273 Fishery conservation and management: Pacific Stock Exchange, Inc., 54273–54274 Northeast multispecies, etc.; public meetings, 54210– Philadelphia Stock Exchange, Inc., 54274–54279 54211 Applications, hearings, determinations, etc.: NOTICES Public utility holding company filings, 54279–54280 Meetings: Sunburst Funds, 54280 Marine Fisheries Advisory Committee, 54216 Triple A and Government Series-1995, Inc., 54280–54281 VI Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Contents
Small Business Administration Veterans Affairs Department NOTICES NOTICES Interest rates; quarterly determinations, 54281 Meetings: Cemeteries and Memorials Advisory Committee, 54284 Substance Abuse and Mental Health Services Administration NOTICES Western Area Power Administration Meetings: RULES Drug Testing Advisory Board, 54247 Energy Policy Act of 1992: Energy planning and management program; Thrift Supervision Office implementation, 54151–54180 NOTICES Applications, hearings, determinations, etc.: Flushing Savings Bank, FSB, 54282–54283 Patriot Savings Bank, 54283 Separate Parts In This Issue
Trade Representative, Office of United States NOTICES Part II Japan: Department of Justice, Bureau of Prisons, 54288–54290 Deregulation measures, 54283–54284
Transportation Department See Federal Aviation Administration Reader Aids See Federal Highway Administration Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Treasury Department Aids section at the end of this issue. See Customs Service See Foreign Assets Control Office See Thrift Supervision Office Electronic Bulletin Board United States Information Agency Free Electronic Bulletin Board service for Public Law NOTICES numbers, Federal Register finding aids, and a list of Senior Executive Service: documents on public inspection is available on 202–275– Performance Review Board; membership, 54283 1538 or 275–0920. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
10 CFR 905...... 54151 14 CFR Proposed Rules: 39 (2 documents) ...... 54202, 54203 71 (2 documents) ...... 54205, 54206 16 CFR 429...... 54180 19 CFR 123...... 54187 148...... 54187 21 CFR 177...... 54188 184...... 54190 510...... 54193 558...... 54193 28 CFR Proposed Rules: 549...... 54288 551...... 54289 29 CFR Proposed Rules: Ch. XIV ...... 54207 31 CFR 515...... 54194 32 CFR 311...... 54197 706...... 54198 40 CFR Proposed Rules: 261...... 54207 271...... 54207 302...... 54207 45 CFR 51±5...... 54199 48 CFR Proposed Rules: 1816...... 54208 1852...... 54208 50 CFR 672...... 54200 Proposed Rules: 18...... 54210 649...... 54210 650...... 54210 651...... 54210 652...... 54211 54151
Rules and Regulations Federal Register Vol. 60, No. 203
Friday, October 20, 1995
This section of the FEDERAL REGISTER C. Power Marketing Initiative amends Title II of the Hoover Power contains regulatory documents having general 1. Applicability Plant Act of 1984. Western has adjusted applicability and legal effect, most of which 2. Contract Term its Program to reflect fully the are keyed to and codified in the Code of 3. Extension Percentage provisions of this law. 4. Resource Pool Creation Federal Regulations, which is published under On March 31, 1994, a notice of public 50 titles pursuant to 44 U.S.C. 1510. 5. Resource Pool Uses 6. Resource Adjustment availability of the draft EIS was The Code of Federal Regulations is sold by 7. Notice published in the Federal Register (59 the Superintendent of Documents. Prices of 8. Native American Issues FR 15198). The Environmental new books are listed in the first FEDERAL 9. Resource Acquisition by Western Protection Agency also published a REGISTER issue of each week. 10. Implementation notice of availability of the draft EIS on 11. Other Marketing Issues April 1, 1994, officially starting a 45-day D. Other Issues public comment period. Eight hearings DEPARTMENT OF ENERGY 1. Support of Renewables were held throughout Western’s service 2. Project Use territory, with more than 130 members Western Area Power Administration III. Summary of Changes from the Proposed Program of the public in attendance. About 200 10 CFR Part 905 IV. Supplemental Explanation of the Rule written comments were received on the V. Regulatory Review draft EIS. Energy Planning and Management VI. Review under the Regulatory Flexibility The Program goal is to promote the Program Act efficient use of electric energy by VII. Review under the Paperwork Reduction Western’s customers and to extend AGENCY: Western Area Power Act Western’s long-term firm power Administration, DOE. VIII. Review under the National resource commitments in support of ACTION: Final rule. Environmental Policy Act IX. Review under Executive Order 12612 customer IRPs. A major purpose of this action is to assure the customers which SUMMARY: The Western Area Power X. Review under Executive Order 12778 purchase Federal power greater stability Administration is publishing this final I. Background rule to adopt an Energy Planning and in planning for future resources than Management Program. The Program is On April 19, 1991, the Western Area would exist in the absence of the being developed in part to implement Power Administration (Western) Program. The Program has two major section 114 of the Energy Policy Act of proposed an Energy Planning and components: (1) An integrated resource 1992. The Program requires the Management Program (Program) (56 FR planning provision conforming to the preparation of integrated resource plans 16093). The goal of the Program was to requirements of EPAct and (2) a Power by Western’s customers and establishes require planning and efficient electric Marketing Initiative (PMI). The IRP a framework for extension of existing energy use by Western’s long-term firm provision, formerly known as the firm power resource commitments. power customers and to extend Energy Management Program, would Western’s firm power resource require most long-term firm power EFFECTIVE DATE: These regulations will commitments. On May 1, 1991, Western customers to (1) develop and implement become effective November 20, 1995. announced its intention to prepare an an IRP, (2) submit an updated IRP every FOR FURTHER INFORMATION CONTACT: For environmental impact statement (EIS) 5 years, and (3) submit an annual additional information, please contact: on the Program due to potentially progress report. A different requirement Robert C. Fullerton, Western Area significant environmental and economic for small customers with an annual load Power Administration, P.O. Box 3402, issues that may be of interest to the or usage of 25 GWh or less is A3100, Golden, CO 80401–0098, (303) public (56 FR 19995). Combined public established, as allowed in the EPAct. 275–1610. information/environmental scoping This IRP provision and small customer SUPPLEMENTARY INFORMATION: meetings on the Program were held in provision will amend Western’s Final Amended Guidelines and Acceptance Table of Contents seven States in June of 1991. Based on the feedback received from these Criteria (G&AC) for Customer I. Background meetings, Western developed Conservation and Renewable Energy II. Discussion of comments alternatives to be analyzed in the EIS. (C&RE) Programs of August 21, 1985 (50 A. Energy Planning and Management Alternatives workshops were held in FR 33892). Western will continue to Program-Overview provide a wide range of technical 1. General eight cities during March and April B. Integrated Resource Planning 1992. Based on further public input assistance to customers. As provided by 1. Specificity of Regulations received during these workshops, as EPAct, 42 U.S.C. (7276b(e)), a penalty 2. IRP Content well as comments previously received, provision for noncompliance with the 3. IRP Review and Approval Western announced a tentative IRP provision will consist of a 10- 4. Member-Based Associations preferred alternative for the EIS in a percent surcharge for the first 12 months 5. Economic Feasibility and Administrative Program newsletter in June of 1992. of noncompliance, 20 percent for the Burden On October 24, 1992, the President next 12 months of noncompliance, and 6. IRP Cooperatives signed the Energy Policy Act of 1992 30 percent thereafter for as long as 7. Technical Assistance 8. Submittal Timing (EPAct), Public Law 102–486, into law. noncompliance persists. In lieu of a 9. Irrigator Issues Section 114 of that legislation requires surcharge after the first 12 months of 10. Future Program Review the preparation of integrated resource noncompliance, Western may impose a 11. Penalty plans (IRP) by Western’s customers and 10-percent resource reduction penalty if 54152 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations such an approach is more effective in A. Energy Planning and Management understanding Western’s rationale for assuring compliance or is more cost- Program—Overview the proposed Program. The responses to effective for Western. The penalties in comments in this notice of final 1. General this Program will be incorporated into rulemaking play a similar role. the contracts that extend resources and a. Background Although Western’s responses to will be effective upon contract Western initially proposed the comments will not be published in the execution. Penalties in existing Program in April of 1991, and has Code of Federal Regulations, they serve contracts will continue to be in effect devoted over 4 years to public process the purpose of interpretative guidelines until changed. and Program development. The and are available to clarify the intent of The PMI establishes a framework for publication of the proposed program on Western in promulgating the final extending a major portion of the power August 9, 1994, included Program. Western received a request for an currently under contract with existing comprehensive responses to public additional 120 day extension of the customers. Western will extend its comments received as of that date. This comment period. Western initially existing long-term firm resource response to comments section includes provided for a 60 day comment period, commitments, subject to the outcome of only those comments received since that date. and later extended the comment period project-specific environmental analysis by 30 days in response to a public as appropriate. Initially, the Pick-Sloan b. Comments and Discussion request. The total comment period of 90 Missouri Basin Program-Eastern days presented ample opportunity for Division and the Loveland Area Projects Comments were received in favor of finishing the public process quickly. the public to understand and comment are covered by the PMI. The term of the on the proposed Program. extension would be 20 years from the Public comment was received in date that existing contracts expire. The support of the spirit of compromise that B. Integrated Resource Planning is reflected in the Power Marketing level of the commitment to existing 1. Specificity of Regulations customers would be a project-specific Initiative. Western was asked to keep percentage of the marketable resource the hydroelectric resource reliable and a. Background determined to be available when future cost-based. Others commended Western Section 114 of the EPAct provides the resource extensions begin, as described for the time and attention it has devoted framework for the IRP requirement. It in section 905.33 of the regulations, to produce an improved Program sets forth IRP criteria as well as with two withdrawals at 5-year intervals proposal. The proposed rule was viewed administrative principles and after the new contracts become effective. as a substantial improvement over the requirements. As set forth by section Unextended resources would be alternatives presented in the draft EIS. 114, Western shall approve an IRP if, in available for allocation to new This Federal Register notice represents developing the plan, the customer has customers and other purposes as the final step in the development of the addressed the criteria provided. determined by Western. In addition, Program. The Power Marketing b. Comments and Discussion marketable resources placed under Initiative and the Integrated Resource contract could be adjusted on 5 years’ Planning Provision will become A number of customers commented notice, and then only in response to effective 30 days after publication of that the distinction between customers changes in hydrology and river this rule in the Federal Register. and purchasers should be dropped operations. Western is appreciative of the because the terms are defined widespread participation in the public differently but used synonymously, so II. Discussion of Comments process by customers, Indian tribes, the term ‘‘purchaser’’ has been deleted environmental groups and other from the rule to avoid confusion. On August 9, 1994, a notice of the interested parties. This extensive A commenter asked for clarification of proposed Program and request for participation has resulted in an the relationship between the IRPs public comments was published in the improved Program that is responsive to required under section 114 of EPAct and Federal Register (59 FR 40543). Seven the comments of the public. the requirement to consider integrated combined public information/comment Western was asked to publish the resource planning under Section 111. forums were held throughout Western’s final Program as a rule within the Code Section 111(a)(7) of EPAct is an service territory in September 1994. The of Federal Regulations. Western agrees amendment to the Public Utility original comment period of 60 days was with this comment. The Program Regulatory Policies Act. If a Western extended in response to a public regulations will appear in Title 10, long-term firm power customer falls request. 59 FR 53976 (October 27, 1994). which deals with energy-related under this regulatory authority, only The comment period closed 90 days subjects. Explanatory text and the one IRP will be required as long as the after publication of the notice of the detailed description of the future IRP submitted to the State regulatory proposed Program. application of the PMI have been moved authority and to Western also meets the Western has received numerous to the preamble. approval criteria addressed in the IRP comments as a result of publication of Another comment suggested that regulations and section 114 of EPAct. the proposed Program in the Federal Western adopt the section of the Federal A few customers requested a Register on August 9, 1994. The Register publication entitled ‘‘Response refinement of IRP regulations to make following section responds to those to Comments on the Energy Planning them ‘‘more suitable for non-generating comments. Each issue is presented in a and Management Program,’’ specifically and end-use customers.’’ Most end-use format featuring background, public found at 59 FR 40552–40562, as customers will qualify for small comments and discussion. Responses to interpretative guidelines to accompany customer status, which requires that all comments on Native American the IRP rules. Western concurs that the they submit a plan that (1) considers all issues are in section C.8. Comments responses to comments contained in the reasonable opportunities to meet future pertaining to the environmental impact August 9, 1994, Federal Register notice energy service requirements using statement are addressed in Appendix G are useful in providing insight and demand-side management (DSM) of the final EIS. guidance to assist the public in techniques, new renewable resources, Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54153 and other programs that are cost- informal service relationships the Western will not determine for its effective, and (2) minimizes adverse customer has with trade allies that can customers the level of environmental environmental effects to the extent provide DSM sales and service delivery compliance appropriate for each action. practicable. For those that do not to the utility and its customers if the IRP A number of customers and qualify, Western will review IRPs based or small customer action plan includes stakeholders submitted comments on the customer size, type, resource DSM resources. If a customer chooses, regarding environmental externalities. needs, geographic area, and competitive partnerships can be formed with trade Western will not require customers to situation. There is no need to tailor allies that can provide DSM sales and include a quantitative analysis of these regulations further as the services in support of IRP environmental externalities in their IRPs capabilities of non-generating end-use implementation plans. However, it is for the following reasons: (1) EPAct, customers are adequately recognized not the intent of EPAct nor appropriate which did not use the term under the ‘‘reasonableness’’ review for Western to require IRP or small ‘‘externalities,’’ created a different standard in 905.13. customer plan submittals to describe the ‘‘minimization to the extent practicable’’ Western was requested to delete the service relationships that Western’s review standard for IRPs; (2) the word ‘‘new’’ from the definition of IRP, customers have with trade allies. A externality issue continues to be subject based on the viewpoint that integrated trade ally has the opportunity to to public debate and scientific analysis, resource planning is a planning process participate in a customer’s IRP process with no consensus being reached; (3) that can be applied to all resources. and DSM pursuits through the there is no consensus on the numbers Western has not removed the word customer’s public process, and pursue a that should be used to value certain ‘‘new’’ from the definition of IRP voluntary partnership with Western’s emissions and pollutants; (4) because Congress included this customers. quantification of externalities is a policy adjective in section 114 of EPAct. Western was asked to define question that appears to fall under state However, analysis of all resource practicable. EPAct states that IRPs must jurisdiction at the present time. options would allow the customer to identify and accurately compare all Establishment of a Western standard incorporate cost-effectiveness of current practicable energy efficiency and energy would not appropriately reflect comity resources into utility decision-making supply resource options available to the between the states within Western’s which in turn provides for sound long- customer. Using the reasonableness test service territory and the Federal term decisions based on least-cost set forth in section 905.13(a), practicable government. Complicating the issue is resource planning. To remain in this case means those energy the fact, as described in more detail in competitive in a dynamic utility efficiency and energy supply resource the EIS, that the Western states have industry, Western’s customers may find options which are appropriate for the widely varying policies on value in evaluating continuously all customer’s size, type, resource needs, quantification of externalities; (5) it costs, including those from both existing geographic area, and competitive would be impossible to reconcile a and potential future resources. situation. Practicable resource options common externality standard with the are both economically and technically heterogeneous approaches of the states; 2. IRP Content feasible. Western will not dictate and (6) if Western were to require a. Background resource choices. quantification of externalities, Western’s One customer noted that there is no customers could find themselves at a Section 114 of EPAct defines the option in the action plan to report that inappropriate competitive disadvantage elements and content that must be there is nothing further that a customer as compared to noncustomer utilities addressed in an IRP. Although these can do than it is already doing, and that not bound by such a stringent standard requirements must be addressed, this language needs to be added. under state laws and regulations. Western understands the importance of Language has been added in section Customers asked what Western balancing needs for flexibility and 905.11 so that there is an option for considers public involvement for a rural equity among a diverse customer base. customers to report in an action plan electric cooperative. Additionally, Western’s primary interest is in that they are not experiencing or customers and stakeholders stated that providing an adequate framework for anticipating load growth. Even when Western should allow flexibility in customer use of the IRP process as a tool customers are not experiencing load interpreting the public process for meeting resource needs. growth, action plans may describe how requirements; outside entities should b. Comments and Discussion otherwise ‘‘lost opportunities’’ have have the opportunity to review and been pursued, such as encouraging comment on submitted IRPs once Many commenters requested that energy efficiency in new housing to Western receives them; and Western Western remove the ‘‘Other Criteria’’ avoid the expense of retrofitting in the should require that customer utilities because it is overly broad. Western future. meet minimum standards for public included element 8, ‘‘Met such other Comment was received on the criteria participation, including the creation of criteria as the Administrator shall for determining that customers have public advisory groups. Given the require,’’ in the proposed rules complied with the requirements for diversity of customers Western serves, primarily to track the language and minimizing adverse environmental Western intentionally defined the term format of EPAct, and to give the impacts associated with resource ‘‘public participation’’ in general terms flexibility to add other requirements as choices. The criteria for assessing so as to allow customers the flexibility might later become necessary. In order whether customers have complied with they need to comply with this to give customers reassurance that the requirements for minimizing requirement. Full public participation Western will not arbitrarily change or adverse environmental impacts of new will be interpreted to mean that ample add requirements without the proper resource acquisitions are stated in opportunity was provided for the public public review and comment process, EPAct and supplemented by this rule. In to participate in or influence the this element has been dropped. addition, Western cannot exempt any preparation and development of an IRP, A stakeholder suggested that each IRP organization from complying with as required by 905.11. The summary of or small customer plan submitted to existing environmental laws and the public participation process in the Western should describe the formal and regulations due to customer size. IRP should describe how the customer 54154 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
(1) gathered information from the situations—including possible 3. IRP Review and Approval public, (2) identified public concerns, exceptions to least-cost based a. Background (3) shared information with the public, decisions—will promote and (4) responded to public comments. competitiveness as well as rate Western has proposed that the Additionally, Western feels that public minimization. Renewables do not have required elements of an IRP or a small participation at the local/regional level to be given priority, but must be fully customer plan must be addressed in a is adequate and that it is not necessary evaluated alongside demand- and other reasonable manner by a customer before to provide another opportunity for supply-side resources. EPAct states that Western approves the IRP or small public comment once the IRP has been to the extent practicable, energy customer plan. filed with Western. efficiency and renewables may be given b. Comments and Discussion One customer commented that the priority in any least-cost option. load forecasting examples in the rule Customers commented that the Language has been added, under section ‘‘make no sense’’ for Federal load. No flexibility to amend IRPs at any time load forecasting examples are given in 905.11, stating that exceptions to least- should be incorporated into the the Rule except as referred to for a cost-based decisions may be made regulations. Western was asked to methodology (i.e., time series method, where Federal or State requirements clarify the difference between good faith end-use method, econometric method). mandate other than a least-cost based efforts and mitigating circumstances. These are the three methods most used decision. EPAct allows the choices in Comment was received regarding an for load forecasting, but they are not this area to be made at the reasonable apparent conflict between the time required by Western. The customer discretion of the customer as long as tables for requesting small customer should determine the method(s) best supply- and demand-side resources are status and the general time line when suited for its own needs, though that compared using a consistent economic activities need to be accomplished. One method should use an accepted analysis. As long as the customer meets customer stated that the size of the methodology such as one or more of the the criteria as defined in EPAct and Western allocation should be a factor in three listed above. Customers should these regulations, Western will not IRP review. Western will apply a develop forecasts upon which to base impose any standard stricter than the reasonableness test in its review and their IRPs. EPAct requires that, with the standard used by the state public utility approval of customer IRPs and small exceptions addressed in section regulatory agency in which a given customer plans which asks the 905.11(b)(3), least-cost options must be customer does business. following two questions: adopted by customers under the IRP. Western received comment that the 1. Is the customer’s application of the Many customers commented on IRP or small customer criteria consistent quantification and resource tests. The rule needs to better define economic tests and more clearly describe the with the intent of EPAct and these following questions were asked: Is regulations? Western prescribing that a levelized cost economic evaluations made. Comment was received that Western should 2. Is such application appropriate for method be used? If renewable resources the customer’s size, type, resource are not cost-effective, how can they be require customers to use the total resource test to screen demand-side needs, geographic area, and competitive included in the least-cost plan? If they situation? are cost-effective, why should they be measures and the societal test to given priority if they will be in the least- evaluate demand-side programs; and Western will use the reasonableness cost plan? Additionally, customers that customers should be required to use test, as applied to the criteria in Subpart stated that they preferred that Western minimization of revenue requirements B, as a basis for plan review and not prescribe a method. There is as the standard to choose least-cost approval. Western will not use the size concern about how utilities will deal options. Western will not mandate the of the Western allocation as a factor in with the least-cost provisions or use of a particular test to screen review, as EPAct does not allow for whether they can still use supply- and resource options or as a standard in the such an approach. demand-side projects in the IRP process resource selection process. While In using this reasonableness test as and still do their planning in order to examples of analyses are set forth the basis for approval of plans, other minimize rates and remain competitive. elsewhere in this Federal Register language has been incorporated into the Comment was also received that notice, EPAct does not require the use regulations which clarifies the review Western needs to address the additional of any particular tests. There is no and approval process. Specifically, exemptions to least-cost based decision- compelling reason to force customers to language has been added which: allows making related to state law take the same approach when a number amendments and revisions to IRPs to be requirements; and that Western’s IRP of different tests are currently used in submitted at any time (under section requirement should impose no standard IRP preparation by utilities and utility 905.12(c)(5)); delineates ‘‘good faith stricter than the standard used by the commission review throughout the effort’’ and deletes the term ‘‘mitigating circumstances’’ (under section state public utility regulatory agency in United States. Western will review the 905.17(b)); and amends the originally which a given customer does business. approach chosen by its customers for proposed time table for IRPs and small Western is not prescribing that a reasonableness, taking into account each customer plans (under section levelized cost method be used. Instead, customer’s size, type, resource needs, the final rule requires that evaluation of 905.12(c)), so that requests for IRP geographic area, and competitive demand and supply resource cost cooperative and small customer status situation. effectiveness for larger customers be must be made to Western within 30 done on a comparable basis. Examples A few customers commented that they days (not 60) of the effective date of the of types of methods Western expects are opposed to quantification of savings. Program, allowing the time tables to from a larger customer are given, but no Western is not requiring unreasonable match and allowing for a more specific method is required. The least- efforts by customers to quantify savings. expedient process. Additionally, there is cost provisions, as part of the IRP, are Section 905.11 describes the need for no longer a requirement for customers to meant to allow utilities to be more customers to establish methods of submit a notification of intent to prepare competitive. Analyses of a variety of validating predicted performance. an individual or MBA IRP. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54155
One customer asked how customers an MBA with members outside of its granted small customer status if should act when preparing their IRPs marketing area for an IRP? While requested. which are dependent on time-limited Western agrees that members should Other customers also suggested that offers of power from third parties. When support the IRP process with data and small customers be able to normalize or preparing plans dependent upon time- during the decision making process, it is average over a period of time their limited resource offers, a customer the responsibility of each MBA to work energy use or sales in order to qualify should develop the plan based upon the with its affected membership on these for the 25 GWh threshold for small best information available. The issues. Each member receiving the customer status which might otherwise customer determines its own resource benefit of long-term firm power from not be met due to extreme needs, so it should accept the time- Western will be required to sign the IRP circumstances such as weather. In order limited offer if that is in its best or a resolution accepting the IRP prior to account for weather-related or other interests, and then let Western know to submittal to Western. Additionally, circumstances which might put the through its annual progress report or an for IRPs developed and submitted on small customer over the 25 GWh amended action plan. Western will not behalf of the MBA’s members, the IRPs threshold, customers will be responsible disapprove such a decision if it is in the must clearly show how each of the for documenting average annual energy best interests of the customer, was seven approval criteria is addressed for sales and usage for the 5 years prior to evaluated alongside supply- and each member. MBA members outside of the initial request. Subsequent annual demand-side resources, and was a Western’s service territory need not be letters documenting energy sales and ‘‘least-cost option’’ (or is an adequate included in the MBA’s IRP, but the use will be averaged thereafter on a cost-effective exception as addressed in benefits of joint planning may be rolling basis to determine the under 25 section 905.11). diminished by such an approach. GWh threshold. If the customer exceeds 4. Member-Based Associations 5. Economic Feasibility and 25 GWh average sales and usage after Administrative Burden already receiving small customer status, a. Background an IRP will be required. a. Background There is considerable variety in the Comments on annual progress reports contractual arrangements among A number of Western’s customers are included statements that the reports Western’s member-based association small or medium-sized utilities. should not be required, to statements (MBA) customers. Some MBAs are the Western is not proposing to define how that they only be required every 2 or 3 sole supplemental power supplier for much time and money a customer years. Customers also commented that the members and have load growth should invest in IRP and small customer the requirements for the annual progress responsibility, others act as a plan development and implementation. reports are excessive, especially the representative for the members and have Rather, Western’s review will be obligation to perform post mortem no generation or transmission focused on the end-product IRP or small analysis to quantify the energy capacity capabilities, and others act as agents for customer plan. and dollars saved under an IRP. EPAct or subcontract with but do not assume EPAct requires that customers requires that annual progress reports be power supply responsibility for their develop and submit annual progress submitted by customers to Western. The principals or subcontractors. reports to Western, which Western will requirement can be satisfied by in turn use in developing its own b. Comments and Discussion customers as long as the annual progress annual report. reports contain information describing Concerns were raised over the role of b. Comments and Discussion the customer’s progress towards the the MBA and its members. Comment goals established in the plan submitted, was received that the submittal Many customers asked what criteria including a report of the measured or requirements need to be defined for an will be used to determine that a small estimated energy savings and renewable MBA and its members. One customer customer has ‘‘limited economic, resource benefits achieved. Western is stated that Western needs to broaden the managerial, and resource capability’’ to required by law to report to Congress definition of MBA to cover both parent- conduct an IRP. Three criteria will be annually ‘‘an estimate of the energy type entities and their user members used in determining small customer savings and renewable resource benefits and entities which act as agents for, or status: (1) Does the customer have total achieved as a result’’ of customer IRP. subcontract with but do not assume annual energy sales or usage of 25 GWh Western cannot develop a credible power supply responsibility for, their or less averaged over the previous 5 year estimate without customer input. In the principals or subcontractors. The period? (2) Is the customer not a absence of credible data, the definition of MBA has been broadened member of a joint action agency or a accomplishments of Western’s to include both parent-type entities and generation and transmission cooperative customers cannot be fairly described. their user members and entities which with power supply responsibilities? (3) In lieu of a separate annual progress act as agents for or subcontract with but Does the customer have limited report, all information may be combined do not assume power supply economic, managerial and resource with any other report that the customer responsibility for their principals or capability to conduct integrated submits to Western, at the customer’s subcontractors so that the wide variety resource planning? Prior experience discretion, as long as that report is of Western customers which are MBAs with customers under the 25 GWh submitted within 30 days of the IRP under the revised definition can submit threshold that are not members of a joint approval anniversary date. IRPs on behalf of one, some, or all of action agency or a generation and their customers. In adding this transmission cooperative with power 6. IRP Cooperatives definition, the submittal requirements supply responsibility has shown that a. Background have been further delineated. many of these customers possess limited Two additional questions were asked: economic, managerial and resource Customers may form IRP cooperatives (1) To what extent must members of an capability to conduct integrated under EPAct and request Western’s MBA be identified in the IRP and action resource planning. If the customer meets approval to submit IRPs for those plans? (2) What is the responsibility of all of these criteria, it will then be cooperatives. Approved cooperatives 54156 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations shall have 18 months from the date of activities to leverage costs so that many which are not necessarily irrigation approval to submit their IRPs. parties benefit. districts but which have irrigation loads. Some customers requested that Language has been added to section b. Comments and Discussion Western develop sample IRP formats for 905.13, which has the effect of Comments on IRP cooperatives customers. Because of the great diversity expanding the term ‘‘irrigation district’’ concerned limitations to forming an IRP of its customers, Western will not to include electrical districts, power and cooperative, and clarification of the develop sample IRP formats. A customer water conservation districts, and other formation of an IRP cooperative as being can, however, obtain technical comparable entities. Therefore, entities a matter solely between those potential assistance from the appropriate Area with similar functions are eligible for members and Western. Comment was Office to help it prepare an IRP. this provision. also received that IRP cooperative status Additionally, a customer’s Area Office It was also suggested that water should be based only on the may already have a collection of sample efficiency should equate to electrical determination that an appropriate IRPs. savings for all customers that manage resource planning decision block exists; 8. Submittal Timing water utilities, not just irrigators. and the ‘‘power supply chain’’ example Western agrees that customers with be removed so that it is not read as an a. Background water utility responsibility face the exhaustive sample. An IRP cooperative Customers must submit their plans to same issues as irrigators. In recognition allows customers with common the Area Manager of the area in which of the need for equity, new language has interests, such as where a resource they are located within 12 months of the been added to section 905.13 to cover decision block exists, to form an IRP effective date of this rule for individual customers that provide both energy and cooperative for the purpose of jointly IRPs, within 12 months of the approval water utility services and customers that developing and implementing an IRP. of a request for small customer status for serve irrigation load as part of their Individual member responsibilities and small customer plans, and within 18 overall load. Western requests that all participation levels, as with MBA IRPs, months of the approval of a request for types of customers covered by this must be identified in the IRP. A IRP cooperative status for IRPs from IRP section convert their water savings to resource planning decision block cooperatives. Additionally, EPAct energy values to the extent practical. includes a situation such as if all requires updated IRPs and small 10. Future Program Review entities covered by an IRP are contained customer plans to be submitted to within a power supply chain, or Western for review every 5 years. a. Background regional entities covered by an IRP will plan for joint supply-side, demand-side, b. Comment and Discussion EPAct requires that within 1 year after and/or renewable resources above and A comment was received that January 1, 1999, and at appropriate beyond the Western resource. It is suggested that Western stagger IRP intervals thereafter, Western shall permissible for a customer to prepare an submittals over 120 days, with small initiate a public process to review the IRP jointly with an investor-owned customer submittals processed first. Integrated Resource Planning provision utility. These are examples and are not Western will not take additional steps to established by this rule. all-encompassing definitions. stagger the approval of IRPs because the b. Comments and Discussion Section IV of this supplementary submittal time frame already is staged, information section gives examples of and EPAct offers Western limited ability A customer commented that 1999 is entities that would be favorably to depart from defined submittal time too late to revise the Program, given the considered for IRP cooperative status. frames. Western expects that although increasingly competitive nature of the utility industry. 1999 is the date set 7. Technical Assistance many customers will submit IRPs and small customer plans when due, others forth by EPAct for review and revision, a. Background will submit them before the plans are as appropriate, of these regulations, and due. In addition, IRP cooperatives may the point at which, using a public Western has provided technical process to review the program, Western assistance to customers, which includes submit IRPs 6 months after individual IRPs and small customer plans are due. has some ability to revise the criteria set workshops, equipment loan programs, forth in EPAct to reflect any changes in technical studies and analyses, peer- 9. Irrigator Issues technology, needs, or other match evaluations, and other support, a. Background developments. However, IRPs may be since 1980. EPAct authorizes Western to amended or revised at any time, and continue to provide technical assistance The IRP provisions apply to all updated IRPs are required every 5 years. to help customers with integrated customers, including irrigators, with the This flexibility allows Western’s resource planning. exception of those qualifying for small customers to remain competitive. b. Comments and Discussion customer status. Irrigation districts and other irrigation entities may qualify for 11. Penalty One customer commented that small customer status. Western shall a. Background Western should charge for technical consider water planning, water assistance based on its use. At present, efficiency improvements, and water As required by EPAct, penalties for Western feels that technical assistance, conservation in evaluating an IRP or noncompliance with these regulations offered through its energy services small customer plan. Customers that shall be imposed for failure to submit or program, is more effective if offered to provide water utility services and resubmit an IRP or small customer plan all customers without a use-based customers that service irrigation load as in accordance with these regulations charge. Western realizes the greatest part of their overall load may include and/or when Western finds that the need for technical assistance often falls water conservation activities in the IRP. customer’s activities are not consistent on the smallest customers which may with the applicable IRP or small not be able to pay for direct technical b. Comments and Discussion customer plan unless a good faith effort assistance. Western will make every It was suggested that the irrigation has been made to comply with the effort to cost-share technical assistance provision language include entities approved IRP or small customer plan. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54157 b. Comments and Discussion should allow a customer to appeal a were proposed for initial coverage under The public commented that Western decision about an IRP to the Department the Power Marketing Initiative. Western should not impose the same penalties of Energy’s Deputy Secretary to ensure proposed to defer making any decision for being late or not submitting an customers and Western have an about applying the PMI to the Central annual report as for not submitting an opportunity to seek an impartial ruling. Valley Project, which is the subject of a IRP; that the time frame between A customer may request reconsideration project-specific marketing plan and receiving a notice of noncompliance and of an initial noncompliance associated EIS for the post-2004 time the imposition of the penalty needs to determination by filing a written appeal period. Western further proposed to be lengthened; and that the phrase ‘‘it is with the appropriate Area Manager. If evaluate application of the PMI to the found that there are no mitigating the customer disagrees with the Area Salt Lake City Area/Integrated Projects circumstances which justify those Manager’s decision, an appeal may be after its power marketing EIS is reactions’’ should be removed. The filed with the Administrator. The completed and the associated marketing Administrator’s decision will be the criteria and contract changes are noncompliance section of this rule, final agency decision for purposes of implemented. Finally, Western also section 905.17, has been revised judicial review. Western will use proposed to evaluate application of the substantially in response to public mutually agreeable alternative dispute PMI to the Parker-Davis Project and the comments. In recognition of the severity resolution procedures, upon the Boulder Canyon Project no sooner than of the proposal, Western has dropped customer’s request, to attempt 10 years before existing contracts expire. the provision for imposing penalties for resolution of any appeal. No penalty failure to submit or for late submittal of b. Comments and Discussion will be imposed during the appeal, but annual progress reports. Section 905.17 if the dispute resolution is unsuccessful A comment was received concerning also has been revised to provide that for the customer, Western will impose Western’s statement that its customers any penalties will be imposed beginning the penalty retroactively from the date have no equity position in Western’s with the first full billing period the penalty would have been assessed facilities, and that no right exists to following the notice of noncompliance, without an appeal. power in the absence of a contract. The allowing customers 30 days to provide One customer commented that comment further states that this is not evidence of a good faith effort to resource withdrawal penalties should precisely true for the Boulder Canyon comply. A customer must still show not be imposed retroactively, as the Project, where there is a statutory evidence of a good faith effort to comply impact on the annual ratchet clause in allocation of power and upratings which justifies its deficiency, but the supplemental power supply contracts is funded by certain customers. The first of term ‘‘mitigating circumstances’’ has overly burdensome. Western agrees that two other comments received on this been deleted. certain supplemental power supply subject suggests that Hoover should be Customers also commented that contracts have ratchets that could excluded from PMI applicability in the customers should be able to choose their magnify the burden of a retroactive final rule due to the statutory nature of own penalties (surcharge or allocation) resource penalty caused by an the Hoover allocation. The second states and that penalties should apply directly administrative appeal. However, that the customers do not understand to the MBA member and not to or Western will not amend the regulations Western’s intentions on application of through the MBA. Comment was also to address this unlikely event. This the Power Marketing Initiative to received that if a member of an MBA is situation would not arise under the final Hoover and that Western needs to not in compliance, notice should be sent regulations until 12 months after the conduct workshops and hearings before to both the member and the MBA. initial 10 percent surcharge had been implementation takes place. Western Customers will not be allowed to choose imposed. The customer can avoid the has not proposed to apply the Power the type of penalty that will be imposed impact of a ratchet by submitting an Marketing Initiative to the Boulder for noncompliance. Western will acceptable and timely IRP to Western. Canyon Project at the present time. The determine which penalty is most Finally, a customer asked why, if IRPs Boulder Canyon Project long-term firm appropriate for the situation in are not required of nonfirm purchasers sales contracts do not expire until 2014. accordance with the criteria in section of Western energy, the penalty extends Western cannot make sound decisions 905.17(d). Language has been added to to nonfirm interruptible/diversity today about how this power might be clarify the imposition of penalties on contracts with customers. A penalty will marketed starting 20 years into the MBAs and IRP cooperatives and their be assessed on the total charges for all future. Western will evaluate the members. Members of MBAs and IRP power obtained by a customer from applicability of the PMI to the Boulder cooperatives which are found to be in Western and will not be limited to firm Canyon Project no sooner than the year noncompliance will be directly power charges. If a customer has more 2004. No decision to apply the PMI will penalized if they have a firm power than one long-term firm power contract take place until an appropriate public contract with Western. For those with Western, the penalty will be process takes place. At that time, members which do not, the penalty will imposed under each contract. Under statutory interpretation issues can be be imposed upon the member’s MBA or EPAct, 42 U.S.C. 7276b(e), these addressed. parent-type entity on a pro rata basis in penalties apply to ‘‘all power’’ Comments were received suggesting proportion to that member’s share of the purchased from Western by a customer that the Central Valley Project should total MBA’s power received from which is in non-compliance; the penalty recognize the Sacramento Municipal Western. Assessment of penalties is not limited to firm power. Utility District’s right to 31 percent of against MBAs is necessary in this CVP power through the year 2014 and situation to ensure that MBA members C. POWER MARKETING INITIATIVE that the first preference customers under comply with the IRP requirements in 1. Applicability the 1962 Flood Control Act should be this rule. The MBA or parent-type entity exempt from any loss of allocation will be notified of a penalty assessment a. Background under the Power Marketing Initiative. on a member. In the proposed Program, the Pick- Western does not intend to abrogate the A comment was received that stated Sloan Missouri Basin Program-Eastern statutory right of CVP first preference that the administrative appeal process Division and the Loveland Area Projects customers pursuant to the Flood Control 54158 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
Act of 1962. Nor does the Power A comment was received questioning intensive renewables. Western is Marketing Initiative impact the the decision to apply the Power persuaded by the comments supportive contractual right of the Sacramento Marketing Initiative to the LAP given of a longer contract term. Section 905.31 Municipal Utility District to receive a that existing contracts do not expire for of this final rule establishes a 20-year defined share of CVP resources between another 10 years. Other comment extension of resources. 2004 and 2014. Section 905.30(b) of the received supports application of the In developing a proposal for the final rule accommodates these concerns PMI to the Loveland Area Projects after length of the resource extensions, by stating that the PMI will apply ‘‘if the 1999 resource adjustments are Western has considerable discretion. consistent with other contractual and complete. Western did not change its One of the limits on that discretion is legal rights.’’ This broad statement of proposal regarding application of the the prohibition, as set forth in the applicability protects the interests of the Power Marketing Initiative to the Reclamation Project Act of 1939, on commenters. Loveland Area Projects. No resource power sales contracts with terms in Western received several comments extension offer will take place until the excess of 40 years. Western may legally that favored applying the PMI to the analysis of potential LAP resource consider commitments of power up to, CVP. The comments had a common adjustments in 1999 has been but not beyond, this 40-year maximum. theme that the stability and certainty of completed. The analysis and Western adopts a resource extension the CVP resource is critically important implementation of any 1999 resource period of 20 years for several reasons. and that Western should apply the PMI adjustments will take place no later than This time period is long enough to to the CVP now, and not wait until the 1996. Given the time period that it takes maintain a sufficient customer planning 2004 marketing plan to make a decision to develop alternative resources to horizon. Long-term project financing, on resource levels or contract term. replace unextended LAP power, whether for supply-side, demand-side, Western was also asked if the application of the PMI to LAP now is or renewables, would be feasible with application of the PMI to the CVP would prudent. The resource certainty that such an extension. Western agrees that take place with or without a public results will assist Western’s customers financing of renewable resources is process. These comments also state that in developing effective integrated particularly sensitive to Federal applying the PMI to the CVP will assure resource plans. hydropower resource uncertainty. consistency across all of Western, and Twenty years will maintain the resource allow the 2004 process and the 2. Contract Term and rate stability necessary for effective customers to focus on other issues. The a. Background integrated resource planning. At the commenters believe that a definite level same time, 20 years is not so long that of commitment and contract term, In the proposed Program, an 18-year Western cannot reasonably guarantee known now, is worth trading for larger contract term was proposed, with the the availability of the extended percentage allocations and longer contract term to start from the date resource. The proposal of a graduated contract terms in a more uncertain existing contracts expire. resource pool available to new future and that applying the PMI to the b. Comments and Discussion customers gives Western the flexibility CVP will streamline the CVP EIS to allocate power equitably over the process, and integrate the planning Western received many comments term of the contract. process between the two programs. supporting extending the contract term Western’s goal is to provide a Western is impressed by the comments from 18 to 20 or 25 years. The reasons sufficient incentive for new customer favoring an immediate but limited customers overwhelmingly supported preparation of IRPs and to offer a application of the PMI to the Central extending the contract term follow: a contract term compatible with the time Valley Project, subject to the findings of longer term would help short and long horizon for other resources evaluated in the project-specific EIS currently range planning; a longer term would IRPs. Another goal is to reduce the underway. However, Western wants to add resource and rate stability; a longer amount of Western, customer, and protect the integrity of the ongoing term would benefit the environment by public time and resources spent on project-specific marketing process. customers being more willing to make marketing plan development. An Application of the PMI to the CVP is financial commitments to extension of resource commitments for best addressed in the separate public environmentally sound project 20 years beyond the expiration date of process. enhancements; a 20 year term would be contracts with existing customers would One comment expressed appreciation consistent with the IRP submittal cycle mean that new contracts would be in for the decision not to propose of 5 years; a longer term would be place until at least 2020. In other words, application of the PMI to CVP and the comparable to the amortization of long initial extensions would be about 25 SLCA/IP at this time, as large term investments in base load power years from the date that extension adjustments of marketable resources plants and renewable resources; a longer commitments are offered to customers will be needed to meet environmental term would correspond to existing all of the Pick-Sloan Missouri Basin concerns for these projects. This requirements contracts; an eighteen year Program—Eastern Division; this time comment expressed concern that the term may jeopardize Western’s period approaches the average useful Program will create a precedent for obligations under an existing exchange life of thermal generation. these two projects. Western sees no arrangement; an eighteen year term Western agrees that a 20-year contract reason to change its initial proposal to would require existing customers that term is more comparable to those evaluate applicability of the PMI after contracted for Federal power when it existing between the Tennessee Valley the Salt Lake City Area/Integrated was not economical to give up too much Authority and its customers. Western Projects Electric Power Marketing EIS is of their existing benefits without also agrees with the comments completed and the associated marketing equitable treatment; a longer term suggesting that a 20 to 25 year contract criteria and contract changes are conforms to the Tennessee Valley term is consistent with industry implemented. These steps are scheduled Authority practices; and a longer term standards for firm sales. Recently issued for completion in the near future. would allow customers to make RFPs have also entertained resource Western expects to start the evaluation commitments to demand side acquisition options on a long-term basis. process soon thereafter. management programs and capital- Western also concurs with the comment Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54159 that a 20-year contract term fits better resources to be extended too far into the retaining the flexibility to respond to with the 5 year IRP preparation and future for Western to respond to changing conditions and evolving approval cycle. changing circumstances over time. needs. The selection of a 20-year extension Western has provided for resource A comment received stated Western contract term helps to answer the adjustment capability as part of the PMI. should consider a longer contract term, comment that the proposed Program Initial extensions would be based on the such as the 35-year term associated with asked existing customers to give up too resource available at the time existing FERC relicenses. This comment much. The additional 2 years helps to contracts expire. This allows Western to recognized how virtually all access to provide an appropriate balance between respond to changes in operations at hydropower is controlled by Federal existing customers, who in many cases Corps of Engineers (Corps) and Bureau policy, either through FERC or the chose to enter into hydropower of Reclamation (Reclamation) power marketing administrations, but contracts with the United States before hydroelectric plants before the term of the costs for that power differ. FERC the economic benefits of such a choice contract starts for extended resources. In licensees pay only for capital costs and were clear, and other needs reflected in addition, Western can make further O&M, while CVP customers must the Program. adjustments in its marketable resources subsidize other project purposes such as Western believes that adoption of a in response to changes in hydrology and those under the Central Valley Project relatively short contract term could operations upon 5 years’ notice. Because Improvement Act. Differences in impact the resource stability required to of this capability, no need exists to commitment lengths between FERC meet Western’s obligations under the extend resources for a minimal time licensees and CVP power sales contracts exchange arrangement with the Salt period to protect fish and wildlife only compound the inequity in a River Project. In particular, the pattern resources. The impact of the PMI can be competitive and price-sensitive market. of power allocations over time could summarized as an extension of existing These comparability factors should be change the use of Colorado River commitments, with the recognition that an additional basis for extending Storage Project transmission, which adjustments to the marketable resource contracts for the longest possible term. could in turn impact the exchange as a result of operational In response to these comments, arrangement. Twenty year contracts accommodations for fish and other Western notes that the holder of a FERC support the resource stability that in wildlife resources can be accomplished license typically plans, funds, and turn impacts usage of Western’s within the extension framework. constructs the hydropower resource transmission system. Western realizes that the draft EIS itself. A long-term license is appropriate A comment was received that stated predicted relatively greater in such a case, given the length of the eighteen year contracts are 3 years too environmental benefits for contract construction debt service and the long. According to this comment, most terms in excess of 20 years. Western’s responsibilities of the licensee. With of the power contracts that Western has proposal balances environmental Western’s resources, the planning, signed have been for 15-year terms, and benefits associated with resource construction, financing, operation, and a 15-year extension strikes the right certainty against the need for flexibility maintenance of the hydroelectric balance between the customer’s need for to respond to changing circumstances generation and high-voltage certainty and the Federal government’s over time. transmission is usually the desire for flexibility so the changing Some of Western’s customers suggest responsibility of the United States. needs of the West can be addressed. that since they have paid for projects in Since the two situations are not strictly Western agrees that many of its historic the past, they should have first call on comparable, Western feels that a contract terms have been 15 years in resources in the future. Western agrees proposal of a 20-year term of contract is length. Currently effective contracts for that the resource choices made by appropriate. the sale of power from the Pick-Sloan customers in the past have led to the Western agrees with the comment that Missouri Basin Program—Eastern construction or purchase of certain the utility industry is increasingly Division, the Loveland Area Projects supplemental generating resources, as dynamic, and that utilities must be and the Salt Lake City Area/Integrated well as investment in transmission flexible and forward-looking in order to Projects are all 15 years in length. resources or negotiation of transmission be successful. The IRP requirement in However, a significant number of service contracts. Western does not this Program will provide Western’s contracts have been in excess of this want to disrupt regional power supply customers with the tools necessary to time period. Power sales contracts for and transmission arrangements at succeed in a changing utility climate. the Parker-Davis Projects are 20 years in considerable economic and Many comments were received from length, while the currently effective environmental cost to the area. At the the public indicating that an extension Boulder Canyon Project contracts are 30 same time, Western’s existing customers of resources would assist IRP and not years. Contracts for the sale of Central have no equity position in Western’s hinder future resource planning. Valley Project power have variable facilities, and they have no right to Western does not agree with the terms, with the longest contracts receive power from Western in the comment that long-term contracts will approaching 40 years in length. The absence of a contract. Western believes be a disincentive to improving energy historic precedent for contract length is the public interest is served by having efficiency. Short-term contracts cause not confined to 15-year commitments, the flexibility to meet a fair share of the customers to focus on the uncertainty and is consistent with the 20-year term needs of new customers from the surrounding the Western resource, adopted in the final Program publicly owned and financed rather than looking to implementation regulations. hydroelectric facilities in the West. of cost-effective energy efficiency and A comment received suggested Western agrees with a comment DSM to meet future needs. Western only rollover 18-year extensions every 5 received that states the Program does provides a portion of the resource needs years upon submittal of an updated IRP. not provide its customers with absolute of its customers, about 30 percent on A rolling extension of contracts on a resource certainty. Instead, the Program average Western-wide. The cost of long-term basis at the customer’s option, attempts to provide as much certainty as supplemental resources, whether upon submittal of future IRPs to possible to facilitate the development of supply-side or demand-side, is usually Western, would cause hydropower integrated resource plans, while significantly higher than the cost of 54160 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
Western’s resources. Supplemental from potential new allottees, potential the resource existing at the time of the resource prices provide a significant new customer load information and contract extension. The current incentive to implementation of cost- analysis of any hydropower benefits allocations to the customers will not be effective energy efficiency currently being received by a potential adopted as the basis for application of improvements. new customer. Due to significant the resource percentage, as this Some customers indicated that their expressions of interest by Native approach could limit Western’s short- willingness to fund environmental Americans, Western has increased the term capability to adjust its marketable improvements would be impacted by size of the initial resource pool for those resources in response to changed short-term contracts. Western agrees projects initially subject to the PMI. operations and hydrology. Western that short-term contracts could be a Subsequent resource pool increments believes a more flexible approach would disincentive to the implementation of have been reduced to compensate for be to apply the percentage to the environmentally beneficial project the increase in the initial pool. Section marketable resource that is determined improvements in support of the Clinton 905.32 provides that for the Pick-Sloan to be available at the beginning of future Administration’s climate control action Missouri Basin Program—Eastern resource extensions. In this way, plan. Division and the Loveland Area changes in operations or hydrology Several comments were received Projects, Western will reserve 4 percent between today and the time existing stating that Western power preserves the of the marketable resource determined contracts expire can be readily competitive balance in the utility to be available at the beginning of future accommodated. industry. Western’s hydropower resource extensions. Subsequent One of two comments received commitments provide a yardstick that increments of the resource pool have concerning the resource pool stated that enhances competition in the utility been reduced to no more than 1 percent. given the great sacrifice of an initial 3 industry within Western’s marketing The final rule recognizes that power percent resource pool, the 1.5 percent area. Twenty-year contracts help reserved for new customers but not additional increments should be based preserve the competitive balance in the allocated and resources offered but not on the resource available at the time, regional utility industry. placed under contract may become while the other comment said there was available. Section 905.32 (e) provides 3. Extension Percentage no need for two additional resource that this power will be offered on a pro pool increments. Another comment a. Background rata basis to existing customers that stated that they support a 2 percent contributed to the resource pool through resource pool. In the case of creation of Western proposed to extend a major application of the extension formula. No resource pool increments subsequent to percentage of the power currently under firm power is expected to go the initial pool, Western agrees with the contract with long-term firm power unmarketed at any time. customers. The exact percentage to be The Program provides for the creation comments that the percentage should be extended would be determined on a of two additional resource pool applied to the resource available at the project-specific basis, based on the increments in the future for all of time. The proposed Program, which amount of power needed to meet a fair Western’s projects covered by the PMI. suggested application of all percentages share of the needs of potential new At two intervals of 5 years after the to the resource available at the time customers within the marketing area. effective date of the extension to existing contracts expire, had some disadvantages. Application of the b. Comments and Discussion existing customers, Western will create a project-specific resource pool percentage to the resource available Western received numerous increment of up to an additional 1 when existing contracts expire could comments that support a contract rate of percent of the resource under contract at create administrative confusion if the delivery extension of 97 or 98 percent. the time. The actual size of the actual resource under contract was One comment did not support a additional resource pool increment will different. If the resource available resource pool. Some comments were reflect the actual fair share needs of new several years into an extension contract specific and suggested that current customers and other purposes as was less than the marketable allocations should be the basis for determined by Western. hydropower at the beginning of application of the extension percentage Western believes that the final extension contracts, application of a or that the percentage withdrawal Program provides an appropriate percentage to the earlier, larger amount should be based on customer allocations balance that recognizes the importance would create a higher effective existing in the year 2000 for Pick-Sloan of certainty in customer planning percentage as applied to the existing Missouri Basin Program—Eastern efforts. An extension of Pick-Sloan resource. Western agrees with the Division customers and that Missouri Basin Program—Eastern comments recommending a change in withdrawals after that time should be Division and Loveland Area Project the proposed approach. The final rule based on the resource available to the resources at a 96 percent level is reflects this more simplified method. customer at the time. One comment substantial enough so existing One commenter points out that received stated that a 100 percent customers will not have to build new Western has not shown any reason for extension was preferred and another generation or enter into large purchases increasing the Pick-Sloan resource pool comment suggested that existing of thermal generation. A lesser level of above 3 percent. The initial Pick-Sloan customers should receive maximum extension could cause customer pursuit resource pool has been increased to 4 allocations. of other resources, with potential percent in the final rule, to assure that The amount of unextended resource associated economic and environmental a fair share of the needs of Native was determined on a project-specific impacts. The resource planning of Americans can be met. The rationale for basis by assessing the amount of power auxiliary suppliers would be disrupted creating two future resource pool that must be reserved in order to meet by the nonextension of a significant increments of up to 1 percent each is to a fair share of the needs of potential new percentage of Federal power. meet future needs that Western cannot customers. In deriving the size of the One comment stated that the currently identify. This flexibility is initial resource pool for each project, percentage reduction should be applied necessary to support a 20 year contract Western reviewed letters of interest to the allocation existing at the time, not term. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54161
Western understands the comment the Salt Lake City Area/Integrated extension percentage will be applied to expressing concern about tying future Projects; that the resource pool for the the resource available at the time allocations to a percentage of an amount Central Valley Project may be premature current contracts expire. Over the longer to be determined, especially when and too restrictive; that extensions for term, Western can adjust its Western may not know what it has to CVP resources should be in the 90–95 commitments on 5 years’ notice due to market from the Missouri River Basin percent range and CVP unbundled changes in operations and hydrology. generation until after the year 2000. services should be offered pro rata in Western is not creating a customer Although Western appreciates the 2004 in line with these percentages; that expectation that a percentage of existing suggestion that a percentage of today’s there is support for limiting the CVP allocations will be reserved for existing contractual amount be extended with an resource pool to no more than 6 percent customers. Considerable flexibility option to adjust the extended resource, of the available resource which would exists in the final regulations to address others have expressed the concern that minimize any disruption of customer the concerns raised in this comment. such an approach would create planning efforts and avoids confusion No evidence has been produced to unwarranted power availability between allocation issues and resource show that 6 percent is not enough to expectations on the part of firm power availability, yet allows Western to meet the needs of new customers. customers. Western believes that either distribute the benefits of Federal power Environmental concerns will be adoption of this comment or retention of to new customer; that a 3–5 percent addressed through the extension the approach of the proposed Program initial CVP resource pool is reasonable approach and withdrawal opportunities will lead to the same resource given the changes that are taking place explained above, and not through use of commitment. Western chooses to retain within the industry; and that the initial the resource pools. Six percent should the approach of the proposed CVP pool should not be larger than 2 be more than is needed to meet a fair regulations. percent given the two additional share of the needs of potential new One customer commented that a 97 increments. customers. Western sees no reason to percent initial extension level asks In the final rule, Western has not create a resource pool larger than that existing Pick-Sloan customers to give up defined the size of the initial resource needed to meet a fair share of the needs too much, especially when coupled pool for the Central Valley Project and of potential new customers. with the additional resource pool the Salt Lake City Area/Integrated increments, exposure to adjustments Projects. The actual size of resource 4. Resource Pool Creation due to changes in hydrology and pools for these projects will be a. Background operations, and withdrawals for project determined at a later date through use. In contrast, another comment was project-specific public processes. In the August 1994 Federal Register received that the resource pool Comments relating to these resource notice, Western proposed the creation of percentages should be increased to a 6 pools should be advanced at that time. project-specific resources pools through percent initial level, followed by two Western received a comment that a reservation of power not extended to additional increments at 5 percent each. stated that the Master Operating Manual existing customers. Existing customers For the reasons stated earlier, Western process and the adverse impact of Corps with an allocation of one MW or less believes the final rule strikes an of Engineers operations on wetlands, were not subject to the reservation. New appropriate balance among the relevant fish and wildlife and endangered customers receiving an allocation from considerations. species will likely affect electricity an initial resource pool were not subject Western recognizes that existing production on the Missouri River. to withdrawal to form subsequent customers made an historic choice to Similar changes are possible on the resource pool increments. The pursue Federal hydropower and that Platte, Arkansas and Rio Grande rivers. possibility of extending resources on a some customers elected to purchase this Western’s proposal will create an graduated scale, weighted towards some resource before the economic expectation that 94 percent of existing customer characteristic, was suggested advantages were clear. However, allocations will be reserved for existing early in the public process. Western does not believe that the customers. This will make it difficult to b. Comments and Discussion historic enjoyment of the benefits of modify dam operations in the future. Federal hydropower means that a Evidence from the comments received Western received many comments on customer has a perpetual right that on the draft EIS suggest that 6 percent the issue of equity in the proposed cannot be diminished. Western’s policy is not enough to meet the needs of new creation of the resource pool. The of promoting widespread use and the customers and to respond to changing majority of the comments on the issue potential allocation of power to new environmental concerns. objected to special treatment for preference customers must be balanced Western does not agree that the customers with an allocation of one MW against the fact that existing customers resource pools for the Eastern Division or less. Specific comments are that have developed contractual of Pick-Sloan and the Loveland Area Western has provided no justification relationships with supplemental Projects should be increased in size to for exempting entities with a contract suppliers, transmission arrangements enhance the ability to modify dam rate of delivery of one MW or less from with Western or third parties, and in operations. Ample opportunity exists resource pool creation, that the some instances have constructed under the Program to adjust marketable administrative burden of withdrawing transmission facilities to receive Federal resources in response to changes in power from entities with small power. Western believes that this final reservoir operations. In the short-term, allocations is not great; that it is rule provides for a proper balance Western can accommodate such changes inequitable to have an exemption from among these policy considerations. by applying the extension percentages contributing to resource pools for Comments concerning the marketable to the marketable resource determined customers with allocations of one MW resources or the loss thereof for the Salt to be available at the beginning of future or less; and that all resource reductions Lake City Area/Integrated Projects and resource extensions. Operational should be shared pro rata, with no the Central Valley Project were received decisions by the generating agencies in exceptions for certain customers. that suggest that an additional 2 percent the shorter term will be reflected in the Western’s rationale for exempting resource pool seems inappropriate for initial commitment to customers, as the small entities from a contribution to the 54162 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations resource pool was threefold. First, The rationale for this proposal was to support was received for the concept of Western felt that the benefits associated avoid the dilution of recently-received extending resources on a graduated- with small allocations of hydropower hydropower benefits. scale basis. The issue here is whether would be diluted if all customers After considering these comments, extensions should be offered on a pro contributed to the resource pool. Western has decided to abandon this rata basis to all existing customers or if Second, the administrative issues of aspect of its Program proposal. There is extensions should take place on some applying resource extension percentages no strong policy reason to depart from other basis, such as the percentage of to small allocations influenced equitable treatment for all customers. A the total customer load that is served by Western’s proposal. Third, there were new customer contribution to future Western. Given the lack of significant not many entities with allocations of resource pool increments would not be public support for the graduated scale one MW or less, so the impact of the a large amount of power, so the benefits concept and the associated proposal on other customers was not of the Western allocation out of the administrative complexities, Western large. initial resource pool would not be has adopted a pro rata policy under Upon further consideration, Western diluted significantly. The administrative which existing customers will receive withdraws the proposal to exempt complications that arise from creating the same treatment in the application of entities with allocations of one MW or more than one class of firm power the extension. less from contributing to the resource customer for withdrawal purposes are Comment was received that the wide pool. For some small customers, an avoided by treating all customers the variation in percentage of customer load allocation of one MW represents a high same. served from the Central Valley Project percentage of their total load. Exempting Customers also commented that should be addressed through the PMI. an entity because of the size of their Western should only create a resource While Western will not depart from the allocation is inequitable if that customer pool if there are set time periods, general policy of a pro rata extension of has a high percentage of its needs met restrictions as to amount, and defined resources, Western’s Sacramento Area by Western. The administrative issues customer demands; more consideration Office reserves the right to achieve more underlying the original proposal are must be given to how resource pool parity among allocations to existing CVP manageable. In fact, creating separate power will be priced and marketed; and customers. Allocations to existing classes of customers leads to its own set subsequent increments of the resource customers may be made out of the CVP of administrative issues. The fact that a pool are inconsistent with Western’s resource pool to assure that each small amount of power is involved is stated goal of resource stability. Western customer has some minimum not dispositive, as the issue is more one concurs with the comment that a percentage of its needs met by Western. of equity and fairness than one which resource pool should only be created if This will be considered during the hinges on the amount of power there are set time periods and public process on the CVP power involved. restrictions as to amount. However, it is marketing plan. Western agrees that the proposed difficult to define precisely the demands According to some commenters, the Program was not consistent in its of new customers prior to creation of the creation of subsequent increments of the treatment of customers with small resource pool. That can only be done resource pools are inconsistent with allocations. For example, Western did after a call for applications is published Western’s stated goal of resource not propose to insulate customers with in the Federal Register, and stability. To a limited extent, this small allocations from withdrawals for applications are actually received. comment is correct. The final Program project use or from withdrawals of Western cannot precisely define the strikes a balance between the need for marketable resources due to changes in needs of new customers at this time. resource stability and the need for operations and hydrology. The final rule Instead, Western has promoted the flexibility to meet changing eliminates this inconsistency by treating widespread use of its hydropower circumstances. all customers alike. resources through establishment of a One customer commented that Several comments suggested that the resource pool based upon a fair share of Western should use energy efficiency one MW limit on withdrawals should estimated needs. If the pool size is too improvements rather than withdrawals apply even if the entity is a member of large, the unallocated power or power from existing customers to create the a member-based association or an IRP not placed under contract is returned to initial resource pool, while another cooperative. With the elimination of the the customers who contributed power stated that savings opportunities one MW exception, these comments are towards the initial resource pool on a recognized in Western’s use of IRP no longer relevant and need not be pro rata basis. principles can be used to develop addressed. Western intends to charge new resource pools, reducing the need to Other comments were that customers the same rate for power as withdraw from existing customers. To withdrawals should apply to all that charged to existing customers. the extent that cost-effective energy customers with no exception for new Western will not purchase resources for efficiency improvements can be customers; that allocations to new new but not yet identified customers, as captured, Western will take steps to customers should be allowed to increase the appropriate level of Western’s make such improvements a reality. rather than automatically be reduced in marketable resources should be Potential for such improvements could their infancy through use of the determined through a project-specific be identified through the use of extension formula; and that power analysis of hydrology, project use load, principles of integrated resource reserved for project use should be used losses and reserves. Committing planning. Flexibility has been retained for new customers instead of taking it resources beyond this level would in the Program to allocate power away from existing customers. This is increase the risk of purchasing firming available due to implementation of such another issue that received a number of resources. efficiencies. If adopted on a project- equity-based comments—Western’s Comment was received that the specific basis, Western could use proposal to exempt new customers proposed Program does not recognize efficiency improvements to offset the receiving allocations out of the initial that some customers get a high need to form a resource pool through resource pool from withdrawals to percentage of power from Western while withdrawal of power from existing create future resource pool increments. others do not. On the whole, little customers. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54163
Some of Western’s projects have resource adjustment mechanism in benefits. Since the specific criteria reserved power for future project use these regulations, there is no need to associated with allocations to new loads, but have not marketed this make the resource pool subject to customers will be determined during resource as firm power on a resource adjustment. future, project-specific public processes, withdrawable basis. As an example, this It was suggested that all resources be these comments are more appropriately marketing approach is used by the marketed, and that resource pools raised and addressed at that time. SLCA/IP. If proposed and adopted on a should have a maximum ceiling, but Customers commented that sales from project-specific basis, Western could use should only be allocated to meet new the pool should be on the same terms project use power, marketed on a loads that actually develop. Western and conditions as with other withdrawable basis, to offset the need to agrees that all available resources contractors. Western also received form a resource pool through should be marketed. The intent comment that a definition of ‘‘fair withdrawal of power from existing underlying the PMI is to market as share’’ is needed. Western agrees that customers. much firm resource as would have been sales from the pool should be on the marketed in the absence of the PMI. same terms and conditions as with other 5. Resource Pool Uses Allocations out of each resource pool contractors. No definition of ‘‘fair share’’ will be completed before the term of the a. Background will be adopted as part of these extension contract begins. Power In the proposed Program, Western regulations due to the difficulty of reserved in a resource pool but not developing a meaningful definition on a advanced a concept to allocate power allocated and resources offered but not Western-wide basis. A specific out of project-specific resource pools to placed under contract will be offered to determination of ‘‘fair share’’ will be new preference customers within the existing customers that contributed to developed during the project-specific marketing area, and to meet other the resource pool, in accordance with allocation processes, which will take purposes as determined by Western. the final rule. The comment which asks place during a time period closer to the The specific terms and conditions that resource pools have a maximum associated with allocations out of each ceiling has been adopted in the final expiration date of existing contracts. resource pool would be determined rule. 6. Resource Adjustment during future, project-specific public Comment was received that under the processes. current proposal an existing customer a. Background Western said it expected to make will not be eligible to receive power out In the August 9 Federal Register allocations to Native Americans for use of a resource pool; an existing customer notice, Western proposed to adjust its on the reservation, and would consider receiving power from only one Federal long-term firm resources only in making allocations to national parks, project would be precluded from response to changes in hydrology and public mass transit agencies, in support applying for power from another river operations. Existing customers of renewable resources and fish and project’s resource pool; and that this is would receive at least 5 years’ notice wildlife habitat. a clear departure from Reclamation Law. before adjustments are made. b. Comments and Discussion In the past, Western has allowed preference entities to receive power b. Comments and Discussion Comment was received that new from more than one project when Comment was received that Western customers don’t need resources and that marketing areas overlap. Given the should change its marketable resource they just want cheaper resources at the significant new customer load that in response to changes in operations expense of those who made wise long- exists in portions of Western’s service after the extension term begins only if term decisions many years ago. Western territory, Western is not willing to such a change adversely impacts does not necessarily agree that new continue this policy on a Western-wide Western’s ability to meet its contractual customers don’t need resources. Load basis. On this issue, Western will retain obligations. Under the PMI resource growth could create such a need, as the flexibility set forth in the proposed adjustment provision, section 905.34, could expiration of a purchase power Program. An existing customer will not however, Western retains the flexibility contract or the retirement of generation. be eligible to receive power from a One of Western’s goals in the PMI is to resource pool unless Western provides needed to react to either changes that achieve widespread use of Western’s otherwise on a project-specific basis. are adverse or beneficial to Western’s resources. Reservation of a modest Comments on the eligibility of existing marketable resource. Western will not percentage of resources to create a customers to receive resource pool limit the exercise of this adjustment resource pool is consistent with a policy power will be accepted as part of the provision to circumstances that of encouraging widespread use of project-specific public process. adversely impact our ability to meet Federal hydroelectric power. Comment was received favoring use contractual obligations. One customer commented that the of the Central Valley Project resource A customer commented that any resource pool should be first used to pool to achieve a fairer distribution of changes to marketable resources—not make adjustments in response to power. Western reserves the right to use just significant changes—should be changes in operations/hydrology. the CVP resource pool in this manner, subject to a public process, and that Western does not agree. In response to subject to public input received during adjustments in resources should be public comments in favor of equity a project-specific public process. triggered only by changes in river among all customers, Western has Several comments advocated hydrology or mandated operating adopted in this final rule a policy of allocations of resource pool power to adjustments such as new legislation and treating new customers and existing customers with renewable resources in that if other factors affect determination customers alike. Making the resource their mix and customers that have of the allocated resource, Western pool subject first to adjustments would documented efficiency improvements should conduct public proceedings. discriminate against new customers through IRP. Other comments suggest Western agrees that any changes in our when allocations are made from the that new customers represent emerging long-term marketable resource should pool before adjustments take place. markets for Western, or that allocations be subject to a public process. Western Given the adoption of a separate to the Federal government have national also agrees to limit the exercise of this 54164 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations resource adjustment provision to amount of future withdrawals of power. resource pool increments. Western has changes in hydrology and operations. Five years’ notice appears to be too long always considered tribes to be It was suggested that adjustments to given the relatively low ceiling of 1 preference entities, but has not contract rates of delivery be limited to percent of the marketable resource historically allocated power to Native no more than 5 percent. Some available at the time, and the 5 year Americans in the absence of utility customers also commented that they intervals between the initial resource status, eligible irrigation load or special support the 5 year window to make pool and the two subsequent pool legislation enacted by Congress. changes in resources based upon increments. Instead, Western has added Western’s change in policy, through changes in operations/hydrology. A 5 a notice provision that gives customers removal of the utility status percent limitation on contract rate of at least a 2 year notice on withdrawals requirement, is in keeping with the delivery adjustments would enhance the to create subsequent resource pool spirit of DOE’s Indian policy, and stability of Western’s hydropower increments. The conditions for future recognizes the special and unique commitment, but would not give withdrawals of power will be defined relationship between the United States Western the flexibility it needs to react on a project-specific basis. and tribal governments. to changing circumstances such as Comment was received that Western This limited and narrow policy generating agency adjustments to needs to clarify how it will notify change does not subvert the preference operations. customers about the availability of clause set forth in section 9(c) of the Western has experienced adjustments power due to penalty imposition. Other Reclamation Project Act of 1939. An in operations that have impacted long- comment suggested that such power overview of the range of preference term firm power in excess of 5 percent should be marketed in the same Area customers Western currently serves in the past. Western needs the ability to Office region first, and that Western helps put this issue in perspective. react to these situations, even though needs to reconcile the reinstatement of Western has marketed power they may be infrequent in nature. power proposal with the notice to be historically both to preference utilities, Finally, comment was received given to those purchasing the penalty such as municipal utilities and concerning the withdrawal power. Western plans to provide notice cooperatives, and non-utilities, such as opportunities not likely being large to all long-term firm power customers irrigation districts, Federal installations, enough to manage future environmental within the project’s marketing area. Of universities and prisons. Utility status is problems, encourage renewables, or these customers, only those not required for cities to be eligible to meet the needs of new customers. currently being penalized for non- receive Western power under the Comment was also received that the compliance with the IRP/small preference clause. Salt Lake City et al. added flexibility that Western has customer plan provision of these v. Western Area Power Administration, proposed on resource withdrawals is regulations may be offered an et al. 926 F.2d 974 (10th Cir. 1991). This good. The more open-ended approach in opportunity to place the penalty power precedent is not disturbed or overturned the final rule should satisfy the concern under contract. The comment regarding by these regulations. Western has that the withdrawal opportunities are the need to reconcile the reinstatement discretion to determine the eligibility of not likely to be large enough to manage of power with the withdrawal notice Indian tribes and other entities entitled future environmental problems. Other timing is valid. The regulations have to preference in the allocation of Federal provisions of the Program, or separate been changed to avoid any conflict. power. This policy change is limited in scope, in accordance with the policy Western initiatives, will encourage 8. Native American Issues underpinning described above, and is renewables and meet the needs of new not a precedent for future erosion of the customers. a. Background preference clause. 7. Notice In the proposed Program, Western Comments were received favoring a 3 expressed an expectation that resource percent resource pool going to Native a. Background pool power would be made available to Americans if there is no disruption to Western has proposed the creation of Indians for use on the reservation. No the preference customer currently an incremental resource pool that makes utility status was required as a serving those loads. Comment was also power available for potential new prerequisite to receipt of an allocation. received that new customers should be customers over time, without the b. Comments and Discussion accommodated from new/expanded disruptive influence of creating a large resources instead of taking power from pool all at once, before the need exists. Western has taken several steps existing customers that already have At two intervals of 5 years after the toward assisting Native Americans in rates higher than the regional average; effective date of the extension to meeting their needs for cost-based and expressing the view that it is not in existing customers, Western proposed to hydroelectric power. In the past, the the public’s best interest to extend create a project-specific resource pool benefits of hydropower have been preference beyond the requirement of increment of up to an additional 1.5 realized by Indians through allocations utility status. percent of the marketable resource. No to cooperatives that serve tribal load. In No disruption to the preference provision for the timing of any advance the future, Western expects to make customers currently serving tribal loads notice was proposed. allocations directly to the tribes. need occur. Proposals for providing A number of comments were received allocations directly to the tribes will be b. Comments and Discussion on Native American utility status, developed on a project-by-project basis Comments were received that Western ranging from strong objections to during the allocation of power from needs to better define the conditions eliminating the utility responsibility project-specific resource pools. Many of and the notice provisions for future requirement to strong support for the more detailed comments Western withdrawals of power, and that advance eliminating it. Interested parties has received on the issue of delivery of notice of incremental resource pool commented that the definition of power to Native Americans cannot be reductions should range from 2 to 5 preference customers should remain answered at this time. However, some years. Western agrees that customers fixed, or otherwise the maximum will basic approaches have been set forth in need to have advance notice of the be taken from existing customers in later this rule in section 905.35 and in Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54165 section IV of this supplementary handled. While Western’s rural electric directly to individual tribal consumers. information section. Western will cooperative customers have been This is consistent with treatment of consider arrangements for the delivery cooperative in working with Western other Western customers. Tribal of the benefits of cost-based Federal and the tribes on workable delivery councils will be involved in the process power to non-utility Native American arrangements, investor-owned utilities of accomplishing this goal. tribes, such as through credits on power serving reservation load have not been There were many comments bills. similarly involved to this point. A concerning power allocations. Customers commented that preference potential exists for the investor-owned Questions received were: (1) Will the and cost-based pricing must be observed utility community to resist comparable tribes be able to act with complete and there should be no disruption to delivery arrangements based upon retail independence in determining who preference entities currently serving wheeling concerns. This issue will be receives the benefits? (2) What types of Native Americans. Customers and addressed during Program loads are appropriate targets for Western stakeholders commented that most implementation. power? (3) Who will hold the Indian tribes already get 50 percent of Diverse comments were received on allocation? (4) How will transmission their needs through coops; the the Pick-Sloan marketing area, with compensation be handled? (5) How will arrangements should not result in some comments favoring expansion; the closed/open reservation issue be financial hardship or additional other comments favoring reduction; addressed? (6) Who must approve the responsibilities for the cooperative; the with most arguing for maintenance of agreement? (7) Who will be responsible distribution cooperative should be kept the current Pick-Sloan marketing area. for paying Western? Comments stated as part of the transaction—possibly Western does not believe that equity or that a tribe should be required to through the use of bill credits; the the public interest is served by adjusting demonstrate the existence of an existing service territories of the Pick-Sloan Missouri Basin Program- agreement with a viable utility capable cooperatives must be protected; rural Eastern Division marketing area in the of delivering power and that the electric cooperation has been pledged to Power Marketing Initiative. Existing allocation should be made to the tribe assure that delivery of power allocated customers outside of the Missouri River and the utility that will transfer the to the tribes takes place and that a Basin, principally in Minnesota and resource; Western must be willing to monthly billing credit approach is Iowa, have developed contractual reduce allocations to cooperatives that evolving in the Eastern Division of Pick- arrangements with supplemental would otherwise benefit from Sloan; and Western’s allocations to suppliers, have transmission allocations to tribes; the benefit of the tribal members should be based on arrangements with Western or third allocation should be reflected on the usage within the servicing cooperative’s parties, or in some cases constructed power bills of the tribes; and allocations territory. Western was also asked to put transmission facilities to receive Federal for tribes should be based on ‘‘usage by provisions in firm power contracts with power. Changing the marketing area to tribal members within the preference cooperatives requiring distribution of exclude these customers would create customer’s service territory.’’ Western power to the tribes at fair and unnecessary disruption in regional sees no need to reduce allocations to reasonable costs. power supply arrangements and lead to cooperatives that would otherwise Entities providing delivery services, resource uncertainty that could hinder benefit from allocations to tribes. In the such as rural electric cooperatives, quality integrated resource planning. Eastern Division of Pick-Sloan, most of should be fairly compensated for For these same reasons, Western will the discussion with tribes and services provided. No additional not require a larger withdrawal from customers regarding delivery of power responsibility will be required without customers located outside the Missouri has focused on the use of a bill crediting appropriate financial compensation. River basin. mechanism that could avoid this issue Preference and cost-based pricing will A comment was received that the of undue benefits. be observed. Due to the decision to Blackfeet Nation should be included in Concerns have been raised over allocate power directly to tribes, the marketing area for the Eastern Western providing power to tribes ‘‘for without regard to utility status, there Division of Pick-Sloan. The marketing free.’’ Western will not provide power to should not be any threat to the existing area of the Pick-Sloan Missouri Basin tribes free of charge. Native Americans service territories of cooperatives Program-Eastern Division need not be will pay the same rate for power as any because of these regulations. Western expanded to include the reservation of other customer. understands that some tribes are the Blackfeet Nation. As the reservation Additional comments state that a considering utility formation, but this is east of the Continental Divide in resource pool of 25 percent is needed to action would not be required to receive Montana, it is currently within the meet the needs of tribes in the Missouri a firm power allocation from Western. marketing area. Basin today and into the future; the It is true that many Indian tribes It was suggested that there is a benefits of hydropower allocations must currently served by rural electric potential for cooperation between a tribe go directly to individual tribal cooperatives already receive a portion of and a rural electric cooperative on consumers; tribes should get all new their needs from Western through the integrated resource planning. Western Pick-Sloan power resources due to cooperative’s blended rate. The amount agrees that there is potential for changes in operations; the tribal varies from tribe to tribe. The magnitude cooperation between a tribe and a rural councils should determine how the of the benefit already received, among electric cooperative on an integrated benefits of hydroelectric power are other factors, could influence Western’s resource plan. In addition to the benefits distributed to tribal members; Western development of proposed criteria for of joint planning and avoiding should support a congressional super- future allocations of power from project- duplication, the tribe and the preference for the tribes; and Western specific resource pools. cooperative could apply for IRP should serve all Native American There was a question as to how tribes cooperative status and receive an existing load and meet all load growth being served by investor-owned utilities additional 6 months to submit an initial with Federal power. Resale of Western’s will be handled. Western has not IRP. allocations should be allowed pending a decided how tribes being served by The intent of the Program is for the need for the power. In response, investor-owned utilities might be benefits of hydropower allocations to go Western maintains that the tribes should 54166 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations receive their fair share of the marketable increased the size of the initial resource cooperatives on the issue of delivery of resources available. A power reservation pool to 4 percent. hydropower benefits to reservations. for Native Americans of 25 percent of Comments were received regarding Even if unanticipated obstacles to the the current commitments from the the size of the resource pool. At present, delivery of hydropower benefits arise, Eastern Division of the Pick-Sloan Western supplies about 26 percent on Western retains the right to provide the Missouri Basin Program is far greater average of the total load of firm power economic benefits of its resources to than that needed to meet a fair share of customers in the Eastern Division of Native Americans directly. Given this the power needs of the requesting tribes. Pick-Sloan. The size of the initial pool flexibility, Western sees no reason to A 25 percent resource pool would equal is large enough to meet a considerably include language that makes delivery of 500 MW of firm power, a resource far higher percentage of tribal load than power/power benefits to tribes a in excess of the loads of all potential many existing customers enjoy. condition of firm power sales contracts new preference customers in the region. Comments on the ‘‘fair share’’ concept for cooperatives. Western, Native As documented in the EIS, there are were that Western has not addressed the Americans and Western’s Eastern increased environmental impacts tribal arguments in support of a greater Division customers will continue to associated with progressively larger than ‘‘fair share’’ allocation; Western’s work together to assure that the tribes resource pool sizes. Western believes estimate that 45 MW of Pick-Sloan receive the benefit of their allocation. that an extension of less than 90 percent power is enough to meet a fair share of Western has responded positively to of the resource to existing customers the needs of the tribes is flawed because requests for assistance in negotiations. may lead to unnecessary power supply it assumes a ‘‘fair share’’ would not One comment suggested that Western dislocations and potential development exceed 70 percent and the load analysis evaluate tribal irrigation potential and of new, but largely unneeded, supply- was based on 1990 census data when integrate that irrigation into the Pick- side resources, lessening the efficiency the delivery of power would actually Sloan similar to the Standing Rock of the integrated system and defeating begin in the year 2000; and the term Sioux and the Three Affiliated Tribes the purpose of the Program. Western ‘‘fair share’’ should be discontinued under the Water Resources sees no reason to allocate power to an because it is ambiguous and promotes Development Act of 1992. Another entity in amounts greater than its loads, misunderstanding and mistrust. comment asked that more tribes receive as this would deny a valuable renewable Western regrets that tribes oppose the compensation like that received by the resource to existing customers. It is use of the term ‘‘fair share’’ due to its Fort Berthoud, Standing Rock Sioux and contrary to Western’s policy and ambiguity. Western will not define ‘‘fair Three Affiliated tribes. Special undermines Federal law to allow a share’’ in this final rule, as this legislation would be required to customer to resell hydropower to third determination can be made better accomplish these suggestions. Western during the future project-specific parties. Neither equity nor will consider allocation of power to allocation process for new customers environmental quality is served by eligible irrigation districts in a future, within the Eastern Division marketing withdrawing power from existing project-specific resource pool allocation area. customers to meet the load growth of process. During the comment period, it was Western has no authority to new customers. Western intends to suggested that tribes should receive all adjudicate Indian water rights and allocate power to Native Americans for ‘‘new’’ power resources resulting from negotiate such rights with the states. use on the reservation out of project- operational changes or upgrades. In This activity is outside the scope of specific resource pools, but will contrast, another comment asked Western’s mission, and should be determine the size of the allocation Western to accommodate new customer addressed through direct discussions based upon the need to meet an needs exclusively from new resources with the responsible agencies. appropriate share of the load for eligible and not from a resource pool. According Western will not adopt the comment new customers. to this commenter, if needy groups need that only short-term commitments of Comment was received that the assistance, it should be in the form of firm power should be made pending resource pool be enlarged to 4.5 percent subsidies borne by all taxpayers and not resolution of Missouri River Basin tribal to assure the pool is not so small that through actions that will increase power issues. Significant resource uncertainty it limits a tribe’s ‘‘fair share’’ or that the costs for rural America. would continue for existing customers expectations of existing customers are Equity is not served by dedicating in the Eastern Division if this comment not fixed too high. Over the last several future increases in resources, whether were adopted, as contracts currently in months, Western has developed an due to operational changes favorable to place expire in the year 2000. Instead, estimate of the loads that exist on power production or upratings at Western will continue to work with reservations within the marketing area existing powerplants, to one class of tribes in the upper Midwest in parallel of the Pick-Sloan Missouri Basin customers. The Power Marketing with Program implementation. Program-Eastern Division. Information Initiative provides tribes with Several comments were received on the hydropower benefits currently significant new benefits. Nor will advocating flexibility in the allocation being received by reservations has also Western limit new customer access to of Western power to Indian tribes. been compiled. Based upon this power to new power resources only. Instead of limiting allocations to use on information, and information from The creation of a resource pool serves the reservation, these commenters asked customers relating to Native American the policy of promoting widespread use that tribal members living adjacent to loads, a 3 percent initial resource pool of hydropower. Limiting new customer the reservation and within the servicing was proposed. Comment was received allocations to potential new power cooperative’s service territory also be that the proposed 3 percent initial resources would create additional allowed to receive the benefits of cost- reservation of Pick-Sloan Eastern uncertainty for new customers, as there based Eastern Division power. Another Division power was not enough to meet is no assurance of the availability of comment asked how Western intended a fair share of the needs of tribes, and such resources during any defined time to address the closed/open reservation should be increased to 4.5 percent. To period. issue. In order to retain the flexibility to assure that a fair share of the load of To date, Western has received full address these situations, this Federal Native Americans is met, Western has cooperation from Eastern Division Register notice states that Western Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54167 expects to make allocations to Native allocations from project-specific appreciated; that the United States American tribes for use on the resource pools. should abandon the policy of reservation and potentially off the Nor will Western create a special IRP decimating Indian water rights through reservation under certain circumstances provision for Indians. Under section 114 court adjudication and negotiation with as determined by Western. Western of the Energy Policy Act of 1992, the states; the relationship between wants to reserve the flexibility to tailor Western does not have the discretion to Western and Indian tribes is expected to the allocation of power from project- develop special provisions for tribes. be one of government to government; specific resource pools to meet regional However, Western intends to provide and Western must follow DOE’s circumstances. integrated resource planning technical commitment to the trust responsibility Western was requested to advise assistance to Native American tribes reflected in DOE’s Indian Policy and whether the Mni Wiconi special upon tribal request. We are committed ‘‘redo’’ the Program to reflect tribes’ allocation of 6 MW is part of the to assisting the tribes to successfully unique relationships with the Federal proposed 3 percent resource pool. The develop and implement IRPs. government. Western supports the Mni Wiconi special allocation of 6 MW Comment was received that the tribe Department of Energy’s American is statutory, and is not part of the must recapture capital ownership rights Indian policy which stresses the need Eastern Division proposed 3 percent in RUS plant equipment based on the for a government-to-government, trust- initial resource pool. Consumer Price Index, and that Indians based relationship. The key theme An objection was raised regarding the should be provided technical and throughout the Department’s policy is distribution of power within the financial assistance in developing a consultation with tribal governments so Department of Defense where the total utility on a par with the rural electric that tribal rights and concerns are military electrical load is being reduced, cooperatives and investor-owned considered prior to action being taken. with comment being received that a utilities. No authority exists for Western Western has met with Indian tribes and higher Federal purpose would be served to adopt the comment that a tribe must tribal representatives throughout the by reallocating the power to the tribes. recapture capital ownership rights in Program public process, and is currently Western does not have the contractual RUS plant equipment based on the meeting with tribes located in the right to withdraw power from the Consumer Price Index. Nor does Missouri River Basin on a monthly Department of Defense to meet Native Western have any role with respect to basis. To mitigate the economic American needs. Under an existing disconnection of service policies. conditions on reservations within contract that is effective through the Western will remain neutral on the Western’s marketing area, Western has year 2000, Western has agreed to allow issue of tribal utility formation. responded favorably to the comment the Department of Defense to shift its Technical and financial assistance to a that tribal utility status should not be allocation among Air Force bases under tribe or any other group in support of required before a power sales contract circumstances such as a base closure. utility formation will not be provided, can be offered, and has also adopted Western cannot allocate this power to as this cost is the responsibility of the tribal comment by agreeing to enter into tribes, as it is already contractually entity seeking utility status and should contracts with the tribe directly. These committed. not be a project cost borne by all project policy decisions show how Western has One comment stated that the tribes ratepayers. lost over 160,000 acres of land without Western was asked whether it is been responsive to the needs of tribal just compensation when Oahe was implementing retail wheeling. Western nations, and that the consultation has constructed, and that the tribes have is not imposing retail wheeling on its been meaningful and substantive. never received the power benefits from Eastern Division rural electric 9. Resource Acquisition by Western Pick-Sloan despite the loss of land. Just cooperative customers under the Power a. Background compensation for the taking of lands to Marketing Initiative. The cooperatives construct the Pick-Sloan Program is not have been supportive of the delivery of In the proposed Program, Western an issue that is appropriately addressed the benefits of power allocations to committed to the use of IRP principles through an allocation of power by tribes, and are supportive of a bill in its resource acquisition and Western. When the taking of lands took crediting approach to accomplish transmission planning principles. This place, compensation was given to tribes. Western’s goals in a manner that avoids commitment has been pursued through If the compensation was inadequate, the need for a separate transmission a separate public process, commencing redress is available through the courts, service arrangement. with a Federal Register notice through special legislation, or through Comment was received asking why published on December 6, 1994, 59 FR the agencies that took the property. Western was expanding its resource 62724. It was suggested that a special tribal allocations to tribes when the overall b. Comments and Discussion nation allocation be established from SLCA/IP resource was declining. No power revenues to provide just decision has been made on the size of The following are comments received compensation. Western has no authority the resource pool for potential new which were addressed in the separate to use power revenues deposited in the customers within the SLCA/IP public process on the use of IRP Treasury to create a special tribal marketing area. The size of this project- principles by Western, or are more allocation to provide just compensation. specific pool will be determined at a appropriately addressed in the project- Only Congress can direct the use of later date. Western is working with the specific implementation of the IRP revenues in such a manner. Ute Mountain Utes to determine if principles: (1) Western should not Western declines to create a special project use power might be made develop non-hydro resources, as this class of power exclusively for tribes. In available for certain irrigation pumping would have a negative impact on our the absence of direction from Congress loads before existing firm power IRP. (2) Western’s resource acquisitions to the contrary, Western believes it is contracts expire in the year 2004. should be limited to meeting contract inequitable to create administratively a Comments were received by rates of delivery. (3) Western should special, preferential classification for customers and stakeholders that the identify current and future transmission Indians. Instead, Western intends to efforts of Western to work with the development in its IRP, as this meet the needs of tribes through tribes on implementing the Program is information is critical to our IRP. (4) 54168 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
How will Western acquire DSM? enter into contracts to purchase need to be in contracts extending Western should not conserve its customer-owned renewable resources. resources, or that some minimum hydroelectric power, but should market Additionally, customers should be given resource values be established, there all of the available resource. (5) Western the opportunity to refuse Western remains a need to retain the flexibility should emphasize the purchase of purchase of firming energy, and should to respond to changing circumstances in energy efficiency and renewable energy be given a priority to purchase the short term. The development and from Western customers over other surpluses. Western concurs that completion of the Missouri River Master resources. (6) Western should purchase customers be given the opportunity to Operating Manual EIS is one of those efficiency and renewables, because cost- refuse Western purchase of firming changing circumstances. Western will based rates discourage the installation of energy. For all projects receiving work with customers to determine the energy efficiency measures. (7) We resource extensions under the PMI, resources and marketable capacity to be support IRP by Western. It would be Western will develop contractual committed as soon as possible after the appropriate for the Bureau of language which would allow the Corps operating procedures are known. Reclamation to use IRP principles in its customer to assume the responsibility of If no better information is available, for pump replacements, generator rewinds acquiring resources to firm up Western’s initial IRP planning purposes, Western or other project enhancements and hydroelectric commitments if the will provide existing customers with system improvements. (8) Any customer so chooses. estimated resource commitments (based reduction in Western’s costs will Another customer commented that upon application of the percentages set enhance our competitive position. (9) adoption of IRP principles by Western forth in this final rule to the resources We do not support the concept of should not mean abandonment of currently under contract). Western reducing customer demand lowest possible cost consistent with Customers commented that contracts through Western’s adoption of IRP sound business principles; and that should be offered upon publication of principles. (10) We are unclear whether Western’s role is one of a marketer of the final rule, as the added certainty Western could free up power resources power from Federal generation, and not would promote quality integrated by funding energy efficiency and acquiring non-Federal power through resource planning; that customers are demand-side management projects. (11) the use of power revenues. Adoption of already required to prepare and We are unsure if Western’s commitment IRP principles does not mean implement IRPs under the Energy Policy to IRP principles will apply to abandonment of lowest possible costs Act and there is no need for a further investments Western is considering in consistent with sound business incentive to encourage IRP; that the very short term. (12) We are principles. To the contrary, use of IRP contracts should be offered upon concerned about the timing of the principles will be a tool that will assist issuance of the EIS Record of Decision adoption of IRP principles by Western— Western in keeping costs low. subject to the submission of the it should apply to Navajo transmission customer’s initial IRP; that customers and Glen Canyon replacement power 10. Implementation will find it difficult to develop IRPs and to resources that have not yet been a. Background without knowing Western’s exact acquired as of January 1, 1995. (13) Western should use IRP principles Western proposed to offer extension commitment; and that it may be immediately, without waiting for contracts to existing Pick-Sloan necessary to delay the signing of Eastern completion of the public process. Missouri Basin Program-Eastern Division contracts if appropriate Several relevant comments will be Division and Loveland Area Project delivery arrangements to Native addressed briefly here. customers upon submittal of their IRPs Americans cannot be worked out. One customer commented that to Western. Western also proposed to Western agrees with the comments that Western’s use of IRP principles could extend to existing customers a pro rata individual customer contract offers for impact customer resource planning, and percentage of marketable resources those projects initially covered under that Western should implement its available at the time current contracts the Power Marketing Initiative should commitment before requiring its expire. be made before individual customers are required by Western to submit an IRP. customers to complete their IRPs. b. Comments and Discussion Additionally, Western should be By adopting this approach, the new sensitive to the timing of customer IRPs Comments were received stating that penalty provisions under the extension and Western’s use of IRP principles, actual contract rate of delivery values contracts will be effective and available especially if Western’s actions impact need to be in the contracts extending if an IRP or small customer plan is the amount or the price of the Federal resources because a percentage of a unsatisfactory. In 905.37 of this final resource. Western agrees that its use of resource available at the end of the term rule, Western has adopted the approach IRP principles could impact customer of existing contracts does not offer that Pick-Sloan Missouri Basin Program- planning. Every attempt was made to customers the certainty needed to Eastern Division extension contracts conclude the parallel public process prepare a quality integrated resource may be offered 30 days after publication quickly, to provide customers with more plan; that it would be extremely of this Federal Register notice. This certainty as they prepare their beneficial to know the marketable approach provides more certainty to individual integrated resource plans. capacity and the resources to be customers by advancing the date of the The implementation of Western’s committed as soon as possible—when contract offer, but retains a powerful commitment to use principles of the Corps of Engineers operating incentive for quality and timely integrated resource planning is procedures are known, the marketable integrated resource planning by making described in a Federal Register notice capacity should be determined; that the penalties mandated by EPAct published on June 9, 1995 (60 FR contract rate of delivery values must be immediately applicable pursuant to the 30533). specified in the contract; and that there terms of the extension contract. A customer commented that it should be minimum resource values set Contracts for extensions of resources for supports future contracts that allow forth in the post-2000 contracts. While the Loveland Area Projects will not be customers the flexibility to acquire Western understands the concern that offered until the analysis of potential firming resources, and urges Western to actual contract rate of delivery values resource adjustments in 1999 has been Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54169 completed and any adjustments are customers. Several commenters in specific locations with the goal of implemented. Existing power sales suggested that existing preference maximizing the benefits of Federal contracts require that this analysis be entities should have a right of first hydropower. This contractual right completed by 1996. refusal to all non-firm power at the price exposes supplemental power suppliers It was also suggested that the Salt of production and transmission and that to load variations, undermining the Lake City Area/Integrated Projects non-firm energy should be sold to resource stability which promotes marketing plan, Glen Canyon EIS and customers that demonstrate feasibility of quality integrated resource planning. By replacement power study should be purchase in their IRP, and when that proposing some restrictions in the final expedited, with contract extensions customer can firm the hydroelectric rule on this flexibility in the contracts accomplished concurrent with the energy. They also suggested that extending resources, Western intends to Record of Decision on the SLCA/IP resources made available as a result of create a more stable resource marketing plan EIS. Western agrees that penalty impositions should be marketed commitment to customers that would customer resource certainty is promoted to customers of the same Area Office. benefit regional planning, and make by expediting the Salt Lake City Area/ There were numerous comments on future firm power customer contracts Integrated Projects marketing plan, the how to establish the marketable more consistent and equitable. Glen Canyon EIS and the replacement capacity. Some suggested that a separate Contrary to the comments of the Air power study. Western is making every approach may help maximize the Force, the final rule does not require effort to complete the processes we are capacity Western has available to that an entire allocation be lost upon managing, and is working with the market. Several of Western’s customers base closure after 2000. Movements of Bureau of Reclamation to help complete are power suppliers that have energy allocations are allowed when the the Glen Canyon EIS as well. Western flexibility with their own resources. If contract rate of delivery exceeds the will evaluate application of the PMI to that flexibility can be utilized by load at a particular site; this would be the SLCA/IP after its electric power Western to minimize their risk in high the case when a base closes. marketing EIS is completed and the or low water years, the Western capacity The final rule does not impose unfair associated marketing criteria and could be based on something other than or unusual constraints on government contract changes are implemented. a lower decile water year such as a customers. If anything, the regulations higher percentage of average hydrology. treat Federal and state government the 11. Other Marketing Issues This would be a departure from the load same as other Eastern Division a. Background pattern type resource. In bad water customers by removing an advantage years, the deliveries would be lower, other customers do not enjoy. While this Historically, Western has marketed and the deliveries would be higher in provision may impact power costs for firm power at a level defined in project- good water years. This would minimize the Air Force and the state of South specific marketing criteria. During the purchase and sale of firming energy. Dakota, broader regional advantages are periods of drought, Western has Marketable capacity might be based on also realized from the increase in power purchased firming power to meet the average water conditions if the supply stability. obligations defined in the marketing customers could handle some of the The seasonal proportional share criteria. When water conditions are swings. concept does not violate least-cost good, surplus energy (and occasionally Changes to Western’s project-specific principles. This same approach has surplus capacity) may be available for marketing policies are not appropriate been used in allocations to new sale on a short-term basis. Typically, in a Western-wide initiative such as the customers in many historic project- these surpluses are sold to regional Energy Planning and Management specific marketing plans. utilities. These regional utilities may or Program. Adjustments in Western’s Several commenters recommended may not be long-term firm power current marketing approach for a that Western maximize the stability of customers; these sales are often made to specific project can be appropriately the planning environment, and do both preference entities and investor addressed in a separate project-specific everything possible to control costs and owned utilities. proceeding at a later date. The extension identify the costs of other agencies that Historically, Western’s project- formula provides for a pro rata adversely impact the cost of power. specific marketing approach has been commitment to existing customers, They also suggested that Western based upon public comment and policy based upon the resource available at the recognize the potential structural decisions made during the development end of the term of existing contracts. changes in the electric utility industry of specific marketing criteria. Some Changes in marketing approaches are by beginning a meaningful dialogue on resources are marketed on a resource best addressed at that time on a project- unbundling of services and must avoid pattern basis, while others are based on specific basis and not during the new subsidies or perpetuating old ones. the load pattern of the customer. Western-wide development of the PMI. A further suggestion was that Western Western proposed to extend a major Marketing issues that might be should further unbundle services to percentage of the power currently appropriate for discussion at that time expand Western’s customer base and committed to existing customers beyond include policies for sale of non-firm those receiving project benefits. the expiration date of existing contracts. energy, departure from a load pattern Western is committed to enhancing Western is not proposing to acquire new resource and adjusting the firm power resource stability through control of resources to meet customer load growth. risk level to a different percentage. costs. Many positive steps have been Several comments were received on taken to reduce Western’s expenses, and b. Comments and Discussion the proposal to restrict transfers of Pick- more are planned for the future. A number of commenters supported Sloan Missouri Basin Program—Eastern Western intends to be responsive to the current definition of Pick-Sloan Division allocations held by the State of customer needs and utility industry Missouri Basin Program-Eastern South Dakota and the Department of changes. This responsiveness includes a Division marketable resources and the Defense. Under existing contracts, these willingness to enter into a meaningful marketing criteria. Any change should two customers have enjoyed the dialogue on unbundling of services. take place under a separate public flexibility to transfer Western’s Most recently, a dialogue on this subject process after consultation with hydropower and concentrate allocations has taken place among Western and 54170 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
Central Valley Project customers. renewals be a reward for DSM developed at the community level Western agrees with the comment that implementation. Resource extensions through the customer IRP process. new subsidies must be avoided and old should be the foundation for customer Western has a strong desire to support subsidies must be eliminated. Western IRP, and not a carrot to induce the the development of renewables. Western will take advantage of consultation selection of some preconceived resource has in the past and plans in the future opportunities with customers to ideal. Integrated resource planning to assure the continued progress of maximize communication. should lead to the selection of resources renewable resources as an important One commenter was concerned that based on their individual merits as national resource. The following in the responses to comments that were determined through the IRP process. examples demonstrate Western’s part of the proposed rule, Western Western addressed at length the issue of commitment. makes the statement that it has no incentives in the responses to comments In the Eastern Division of the Pick- general legal obligation to acquire that were part of the Federal Register Sloan Missouri Basin Program, the Mid- additional resources to meet the load notice of August 9, 1994. That Continent Area Power Pool (MAPP) has growth of its customers. They felt that discussion is still valid and is in place a means to accredit capacity for this statement is unnecessary and incorporated as a response to these renewable resources based on historical constrains the considerable authority comments. performance. Accreditation relieves the given to Western by the Tenth Circuit Allocations from project-specific renewable resource owner from the cost Court of Appeals. resource pools will be completed before of purchasing power reserves due to the Western does not intend the contracts with existing customers intermittent nature of power production publication of the proposed Program or expire. Power that is reserved for new by this type of resource. If a Western this final rule to limit Western’s legal customers but not allocated and customer is not a MAPP member, authorities recognized by the Tenth resources offered but not placed under Western may act as an agent for the Circuit Court of Appeals in Salt Lake contract will be offered to existing customer to gain MAPP accreditation of City et al v. Western Area Power customers that contributed to the capacity for the renewable resource. Administration, et al., 926 F.2nd 974 resource pool. Western expects that all Recently, Western has committed to (10th Cir. 1991). However, Western does firm power will be marketed. undertake a market assessment of the not have the legal authority to acquire Withdrawal mechanisms will exist for potential for solar power in the resources to meet customer load growth. purposes described in the final southwestern United States as part of Several commenters supported regulations. the Solar Enterprise Zone (SEZ) efficiency improvements to existing initiative. Western has offered its project facilities, and asked that D. Other Issues marketing, transmission and power customers have a right of first refusal to 1. Support of Renewables system operations expertise to the SEZ. participate. Any increases in capacity/ Western has been active in promoting energy should be made available to the a. Background renewable energy in partnership with financing customer, or as a substitute for In the proposed rule, Western stated Native American Indians. Western, in other firming resources. Western should that consideration would be given to the coordination with the Navajo Nation, commence a process along the lines of allocation of power from project-specific the Department of Energy and Sandia NCPA’s 1992 proposal to the House resource pools to firm up renewable National Laboratory, has supplied forty Interior Committee. resources. photovoltaic units to the Navajo Tribal On the issue of customer financing of Utility Authority for installation at b. Comments and Discussion improvements to project facilities, remote homes on the Navajo Western has decided to retain its Western received several comments reservation. As extensions of flexibility to address unique that strongly support the concept of distribution lines to these remote opportunities in a tailored manner as making power available to preference locations would be prohibitively opposed to establishing a Western-wide entities to firm up renewable resources. expensive, installation of photovoltaic policy. In the past, Western has made Those comments stated that firming technology is a commercially viable increases in capacity/energy available to renewables would expand that alternative. Western has contributed to the financing customer. Western marketplace for renewables and an assessment of the wood fuel supply continues to believe this concept makes facilitate the further development and on the White Mountain Apache tribe sense, and will likely apply it in the commercialization of this technology; reservation to determine the quantity of future under most circumstances. that the initial pools for the Pick-Sloan this fuel available for power Commenters applauded Western’s Missouri Basin Program—Eastern cogeneration. To promote Indian health, decision to continue to provide Division and the Loveland Area Projects Western is contributing to the Navajo transmission access for renewables and be increased to 6 percent of the Rootfuel Promotion project, which will endorsed Western marketing a variety of available resource, with half of the evaluate the feasibility of growing and products out of the Central Valley increased pool being dedicated to help harvesting rootfuels to replace coal as a Project. Western appreciates this firm up renewables; and that the fuel in Indian homes. Another example supportive feedback. increased experience and economies of of a partnership between Western and One commenter remarked that access scale would make renewables more Native Americans is an assessment of to Western hydropower should be based attractive and cost-effective and the feasibility of producing biogas fuel on customer adoption of a mix of renewable investments would help from solid wastes to meet the needs of conventional, renewable, and demand- utilities diversify against future fuel remote Navajo villages and cluster side resources. This commenter believes price and environmental risks. homes. that contract renewals should be a However, one commenter stated that In addition to sponsoring many reward for DSM implementation. funding renewable or nontraditional workshops and publishing numerous Western declines to allocate power power supply may be a worthy social publications on IRP, Western has based on customer adoption of a mix of objective, but this is not Western’s role created the Resource Planning Guide, a conventional, renewable and demand- and incentives to encourage non- technical assistance tool that will help side resources. Nor will contract traditional resources should be customers to prepare integrated resource Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54171 plans as required by section 114 of the water. Power in excess of that needed eliminated and replaced with Energy Policy Act of 1992. The RPG is for project use is available to Western ‘‘customer.’’ a personal computer-based piece of for allocation. Western made no In the IRP subpart (subpart B), software that will allow customers to proposal to change the definition of Western broadened language relating to evaluate renewable resources as a future project use power in the proposed member-based associations in resource. Program. recognition of our wide variety of Western’s Sacramento Area Office has customers. Determination of the small b. Comments and Discussion provided technical assistance for a customer threshold of 25 gigawatthours feasibility analysis of using wind- One comment stated that Western (GWh) was changed to a 5 year average, generated energy at Lawrence Livermore should maintain the current definition instead of the proposed annual National Laboratory. If the analysis is of project use and that an allocation of measurement. A customer’s competitive favorable, Western will work with the Pick-Sloan power to the Garrison situation was added as a factor in the laboratory to develop the use of wind Diversion Conservancy District is determination of the reasonableness of energy. Western has also made its important to them under present an IRP. Provisions relating to irrigation transmission system available to wheel operations and absolutely essential for districts were extended to other power from wind generation to load. future requirements. Given the Garrison customers that serve water pumps and Most recently, Western has taken Diversion Unit reformulation legislation comparable equipment as part of their steps to implement its commitment to passed by Congress in 1986, the load. The section dealing with the use use principles of integrated resource commenter thought consideration of IRP principles by Western was planning for its resource acquisition and should be given to a specific power deleted, in recognition of the transmission planning activities. allocation on reserve in their name for completion of a separate public process Demand-side and renewable resource operation of facilities authorized in the (60 FR 30533 (June 9, 1995)) on this options will be considered side-by-side 1986 legislation. Any change in the subject. Finally, clarifying changes were with thermal generation purchase suballocation of costs should take into made in a variety of areas, including opportunities. The implementation of account the interests of the irrigation penalties, IRP action plans and progress the commitment to use principles of districts. This commenter also stated reports, public participation and small integrated resource planning is that all long-term contracts should have customer plans. described in a Federal Register notice provisions for withdrawal to meet the With regard to the Power Marketing published on June 9, 1995 (60 FR pumping power needs of the Garrison Initiative (PMI) provision (subpart C), 30533). Although strongly supportive of Diversion Unit, as farmers need the term of contract has been extended renewable resources, Western believes reasonably priced electricity for use on from 18 to 20 years. For any project initially covered by the PMI, offers of that the concept of setting aside a the farm. portion of Western’s purchase power extension contracts will take place upon Project use power is not allocated but no sooner than the effective date of the appropriations exclusively to acquire is reserved pursuant to the authorizing renewables is best addressed through final rule. For the Pick-Sloan Missouri legislation for each project. Since Basin Program—Eastern Division and project-specific implementation of IRP Western does not allocate project use principles. the Loveland Area Projects, the initial power for water pumping, this type of resource pool was increased to 4 While Western wants the ability to power is not a part of the PMI. support renewable resources through percent, while the two subsequent pool Western’s firm power contracts for the increments were reduced to 1 percent allocations from project-specific Eastern Division presently contain each. Application of the percentage resource pools, it is premature to withdrawal provisions to meet project extension for subsequent resource pool designate a portion of the pool use load as it develops. Future contracts increments was changed to the resource exclusively for the support of renewable will contain similar withdrawal that is under contract at the time. The resources. Western’s resource pool language for project use. proposal to exempt customers with reservations are for use beginning in the Since these regulations do not address contract rates of delivery of one MW or year 2000 for the Eastern Division of any changes in the definition or scope less from contributions to the resource Pick-Sloan. Western does not want to of project use power for pumping pool was deleted, as was the proposed commit a block of power today for the purposes, the suballocation of costs is new customer exemption from benefit of renewable technologies, when similarly not a part of the PMI. withdrawals to form later resource pool the targeting of resource pool power can increments. Delivery of the benefits of take place more effectively nearer the III. Summary of Changes From the cost-based Federal power to Indian date that existing contracts expire and Proposed Program tribes is now directly allowed. Various regional needs are better known. Western has made several revisions to clarifying changes were also made in the Devotion of a block of power today to the proposed Program in response to PMI. a single use, such as fostering public comments on the Federal renewables, could work to the Register notice of August 9, 1994. All IV. Supplemental Explanation of the disadvantage of other pool uses, such as references to Program ‘‘procedures’’ Rule allocation of power to American have been deleted, and replaced with This section includes an explanation Indians. Western reserves the right to ‘‘final rule’’ or ‘‘regulations’’ to better of certain IRP provisions, and it also sets allocate resource pool power in support reflect section 114 of the EPAct and the forth Western’s policy regarding the of renewables, but will not now exercise fact that the final rule will be published future application of the Power that right. in the Code of Federal Regulations. The Marketing Initiative. Section 2. Project Use final rule clearly separates the Program’s 905.11(b)(3) addresses the concept of provisions from the explanatory text cost-effectiveness. Cost-effectiveness is a. Background which has been shifted to the basic to a resource evaluation and Project use power is that power supplemental explanation section. To therefore must be pursued. Western reserved to meet project needs pursuant eliminate confusion, the definition and recognizes the criteria for determination to law, such as pumping irrigation use of the word ‘‘purchaser’’ was of least-cost options in each IRP will 54172 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations vary among Western’s customers IRPs; and (3) new associations where Sacramento Area Office (SAO) 2004 because of differences in their size, type, potential members have not previously marketing plan. Western will not make resource needs, geographic area and evaluated supply-side and demand-side any decision at this time about competitive situation. For Western’s resources on a joint basis. application of the PMI to SAO resources smaller customers, Western may The criteria that will be used in for the post-2004 time period. The approve an IRP that is a generalized evaluating IRPs are set forth in section provisions of the PMI will be within the analysis which describes the cost 905.11(b). Customers will make their range of alternatives in the SAO comparison processes utilized and own choices regarding resource type, marketing plan EIS for purposes of economic assumptions used. These may quantity, and timing in accordance with impact assessment. As a result of further be limited to, for example, the total their IRP. Western will not dictate analysis in the 2004 power marketing resource cost test for demand-side resource choices. plan process, Western may at a later resources and may involve use of Section 905.13(d) contains special date propose through the public process simplified methods and procedures to irrigation district and water planning adoption of the PMI for SAO resources analyze important variations in supply- provisions. Irrigation and water utility in the post-2004 time period. If the PMI side characteristics such as service lives, customers may use information provision is implemented, Western construction periods, and price inflation available from an extension service or a estimates that an initial extension level influences. However, Western would university to judge the merits of a percentage would be similar to those of expect its larger customers to prepare a demand-side resource opportunity; the Pick-Sloan Missouri Basin more in-depth evaluation of demand there is no requirement to hire a Program—Eastern Division and the and supply resource cost effectiveness, consultant to independently verify this Loveland Area Projects. The additional on a comparable basis. This may kind of information. The customer’s resource pool increments described in include evaluation of demand-side knowledge and experience should be section 905.32 would also be applicable. resources under some combination of central in the integrated resource Application of the PMI to the Salt the total resource cost, participant, rate planning resource evaluation and Lake City Area/Integrated Projects impact measure, utility, or societal tests; selection process. (SLCA/IP) resources will be evaluated life-cycle screening and screening curve Small customer plan requirements are after its electric power marketing EIS is analyses for the supply-side resources; set forth in section 905.14. Western does completed and the associated marketing production costing analysis; rate impact not expect small customers to expend a criteria and contract changes are analysis; risk analysis; and impacts to significant amount of time and money to implemented. Western’s ongoing the power supply chain as applicable. acquire expertise and data to prepare project-specific EIS for the SLCA/IP Full public participation is the subject these plans. Western will be available to analyzes power marketing between now of section 905.11(b)(5). Western will not assist customers in developing an and the year 2004. If the PMI provision require a customer to take any action appropriate strategy for preparing the is implemented, Western estimates that inconsistent with existing sunshine plans. an initial extension level percentage laws and other open meeting Section 905.30 deals with the would be similar to those of the Pick- requirements. Given the wide diversity applicability of the Power Marketing Sloan Missouri Basin Program—Eastern of customers that Western serves and Initiative. It limits the initial application Division and the Loveland Area the variety of resource planning of the PMI to the Pick-Sloan Missouri Projects. The additional resource pool circumstances that they face, Western Basin Program—Eastern Division and increments described in section 905.32 will not mandate that customers hold a the Loveland Area Projects. Western’s would also be applicable. specific number of public meetings. Program establishes an overall The resource pool size for SAO and Section 905.12 describes how framework for the marketing of power, SLCA/IP resources will be determined customers may be allowed to form an while recognizing that future during a project-specific public process IRP cooperative. Western believes the determinations must be made on a to reflect the actual fair share needs of benefits of joint integrated resource project-specific basis. Many project- eligible new customers and other planning can be significant and specific determinations are necessary purposes, as determined by Western. encourages customer consideration of before any final decisions can be made Western will evaluate application of this approach when an appropriate on marketing power. Such important this PMI to other Western firm power resource planning ‘‘decision block’’ issues as the resource available for contracts that expire after January 1, exists. Examples of such a ‘‘decision marketing in the future, the size of a 2005—principally the Parker-Davis and block’’ are when all the entities covered resource pool, any adjustments to the Boulder Canyon Projects. This by an IRP are contained within a power size of this pool, and allocation criteria evaluation will be published after a supply chain or regional entities plan for new customers must be decided on separate public process and will take for joint supply-side, demand-side, and/ a project-specific basis, with public place no more than 10 years before or renewable resources above and input and appropriate environmental termination of these contracts. beyond the Western resource, so long as documentation. Any adjustment shall only take place individual member responsibilities and Application of the PMI to the Central after an appropriate public process. participation levels are identified. Valley Project, Washoe Project and Salt Withdrawals to serve project use and Examples of entities likely to receive Lake City Area/Integrated Projects shall other purposes provided for by contract Western’s approval include (1) existing not take place in the absence of a future, shall continue to take place based on first-level MBAs which were formed to project-specific evaluation and decision. existing contract/marketing criteria meet the load growth of their members For Central Valley Project and principles. through supply-side resources, such as Washoe Project resources, all power Section 905.32 addresses both G&T cooperatives; (2) existing second- contracts between Western and its long- resource extensions and resource pool level MBAs, such as organizations with term firm power customers expire in size. Western’s policy on these subjects G&T cooperative members, which may 2004, as do the Western-Pacific Gas & is as follows. For the projects initially be granted IRP cooperative status due to Electric Company contracts. Western is covered under this PMI, the project- the magnitude and effort involved in presently preparing an environmental specific resource pools (including both development of such comprehensive impact statement (EIS) for the the initial pool and future increments) Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54173 could be as large as 6 percent over the regarding the disposition of except Native American tribes, must be term of the contracts. These percentages hydroelectric power allocations to ready, willing, and able to receive and are based on Western’s judgment of the military installations closed or approved distribute or use power from Western. hydropower needed to meet a fair share for closure outside of the marketing area Ready, willing, and able means that (1) of the projected power needs of of the Central Valley Project. the potential customer has the facilities potential new customers in the In section 905.33, the PMI extension needed for the receipt of power or has applicable marketing area at the time formula is described. If no better made the necessary arrangements for existing contracts expire. information is available for initial IRP transmission and/or distribution Western will establish incremental planning purposes, Western will service, (2) the potential customer’s resource pools that make power provide existing customers with power supply contracts with third available for potential new customers estimated resource commitments (based parties permit the delivery of Western’s over time, without the disruptive on application of the percentages set power, and (3) metering, scheduling, influence of creating a large pool all at forth in these procedures to the and billing arrangements are in place. once, before the need exists. Another resources currently under contract). Limits on the power received by any purpose of incremental resource pools is Actual resource commitment numbers customer, as well as minimum load to provide Western with the flexibility will be developed and included in requirements, may be adopted. If to meet new needs that is necessary contracts as soon as practicable. required in project-specific marketing when long-term contracts are offered to New customer eligibility is addressed criteria, a potential new customer is customers. The following table in section 905.35. Western’s policy on responsible for transmission illustrates the timing and size of the allocation of power to new customers in arrangements beyond Western’s system/ resource pool creation, as applied to the the future is as follows. In order to points of delivery necessary to receive Pick-Sloan Missouri Basin Program— increase widespread distribution of power from Western. Eastern Division and the Loveland Area hydropower resources, Western will An existing customer will not be Projects. allocate a fair share of power to eligible eligible to receive power from a resource new preference entities who do not have pool unless Western provides otherwise Year P±SMBP±ED LAP a contract with Western or are not a on a project-specific basis. A new member of a parent entity that has a customer receiving power from a 2001 ...... 4%. contract with Western. project-specific resource pool will not 2004 ...... 4%. The specific terms and conditions be eligible to receive additional power 2006 ...... Up to 1%. associated with allocations to new from a subsequently available resource 2009 ...... Up to 1%. customers will be determined during pool increment unless Western provides 2011 ...... Up to 1%. future, project-specific public processes. otherwise on a project-specific basis. 2014 ...... Up to 1%. All new applicants for power will be Existing power marketing criteria, considered and be given an opportunity which will remain in effect unless For the Pick-Sloan Missouri Basin to receive an allocation in accordance amended by the PMI, may be amended Program—Eastern Division, both the with Reclamation law. For example, in the future if necessary. Section State of South Dakota (State) and the Western expects to make allocations to 905.36 addresses the relationship Department of Defense (Defense) have Native American tribes (as that term is between existing marketing criteria and been allowed to transfer Western power defined in the Indian Self Determination the PMI. Any necessary amendments to from one location to another. After Act of 1975, 25 U.S.C. 450b) for use on existing power marketing criteria could existing contracts expire, Western will the reservation and potentially off the be pursued at the time Western require that power commitments to reservation under certain circumstances determines the amount of resource specific State and Defense sites not be as determined by Western. Utility status available after existing contracts expire. changed unless the contract rate of will not be a prerequisite for an For the Central Valley Project, Western delivery exceeds the total load at that allocation to Native American tribes. plans to develop future marketing site. If the contract rate of delivery Western will also consider making criteria during the 2004 Marketing Plan exceeds the total load at a State or allocations to national parks and public process. Defense site, only the excess power at mass transit agencies. Western will The process of implementing the PMI that site may be transferred to other consider making power available to is addressed in section 905.37. Modified State or Defense sites. Transfers are preference entities in support of fish contractual language will be required to subject to negotiation of transmission and wildlife (such as power to pump place resource extensions under service contracts for the delivery of water to increase or improve wildlife contract. For all projects receiving transferred power. To be consistent with habitat) and to firm up renewable resource extensions under the PMI requirements for other firm power resources. Western will develop alternative deliveries, Western will require the Proposals for providing allocations contractual language which would delivery of a proportional share of firm directly to Native American tribes will allow the customer to assume the Pick-Sloan Missouri Basin Program— be developed on a project-by-project responsibility of acquiring resources to Eastern Division power at each State or basis, during the allocation of project- firm up Western’s hydroelectric Defense site in both the summer and specific resource pools. commitments to a customer if the winter seasons. If a Defense installation Western will consider arrangements customer so chooses. The timing of any or facility is closed after the year 2000, for the delivery of the benefits of cost- offers of power to existing Salt Lake City the allocation may be affected by the based Federal power to Native Area/Integrated Projects customers for report required in section 2929 of the American tribes without utility status. the time period after 2004 may be 1993 National Defense Authorization All potential new customers, both affected by the replacement power Act, Pub. L. No. 103–160. Section 2929 utilities and nonutilities, will be process relating to loss of capacity due requires the Secretary of Energy, in required to apply for power in a project- to changes in operations at Glen Canyon consultation with the Secretary of specific marketing plan by a date to be Dam. For the SLCA/IP, existing Defense, to submit a report to Congress determined in the project-specific contracts provide for potential resource that must contain recommendations process. All potential new customers, adjustments in 1999. No contracts will 54174 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations be offered to existing customers for post- VIII. Review Under the National PART 905ÐENERGY PLANNING AND 2004 SLCA/IP resources until the Environmental Policy Act MANAGEMENT PROGRAM analysis of potential resources in 1999 Western has completed an Subpart AÐGeneral Provisions has been completed and any environmental impact statement on the adjustments are implemented. Existing Program, pursuant to the National 905.1 Purpose. 905.2 Definitions. power sales contracts require that this Environmental Policy Act of 1969. The analysis be completed by 1996. Record of Decision was published in the Subpart BÐIntegrated Resource Planning Western is committed to providing Federal Register on October 12, 1995 905.10 Applicability. IRP technical assistance to customers. In (60 FR 53181). 905.11 Integrated resource plan contents. 905.12 Submittal procedures. section 905.40, Western will establish a IX. Review Under Executive Order program to assist customers with 905.13 Approval criteria. 12612 905.14 Small customer plan. technical questions or concerns relating Executive Order 12612 requires 905.15 Processing of IRPs and small to the development and implementation review of regulations or rules for any customer plans. of an IRP or small customer plan. substantial direct effects on States, on 905.16 Annual IRP progress reports. Technical assistance, which may the relationship between National 905.17 Noncompliance. include publications, workshops, 905.18 Administrative appeal process. Government and the States, or on the 905.19 Periodic review by Western. conferences, individual assistance, distribution of power and equipment loans, technology and 905.20 Freedom of information Act. responsibilities among various levels of 905.21 Program review. resource assessment studies, marketing Government. This rule carries out the studies, and other mechanisms to requirements of EPAct in a manner that Subpart CÐPower Marketing Initiative transfer information on energy reflects comity between the States and 905.30 Purpose and applicability. efficiency and renewable energy options the United States Government. Western 905.31 Term. and programs to customers, will be has assessed this rule in light of the 905.32 Resource extensions and resource provided under Western’s energy criteria in Sections 2 through 5 of pool size. services functions. Customers will be 905.33 Extension formula. Executive Order 12612. Western has 905.34 Adjustment provisions. kept informed of the technical determined that the rule is consistent 905.35 New customer eligibility. assistance available to them in support with those criteria, and that the rule will 905.36 Marketing criteria. of their development and not impose significant costs or burdens 905.37 Process. implementation of IRPs through on States or affect the States’ ability to Subpart DÐEnergy Services Western’s energy services publications discharge traditional State functions. and other communications efforts. 905.40 Technical assistance. X. Review Under Executive Order Authority: 42 U.S.C. §§ 7152 and 7191; 32 V. Regulatory Review 12778 Stat. 388, as amended; and 42 U.S.C. §§ 7275–7276c. Western has an exemption from Section 2 of Executive Order 12778 instructs each agency to adhere to centralized regulatory review under PART 905ÐENERGY PLANNING AND certain requirements in promulgating Executive Order 12866; accordingly, no MANAGEMENT PROGRAM new regulations. These requirements, clearance of this notice by the Office of set forth in section 2(a) and (b)(2), Management and Budget (OMB) is Subpart AÐGeneral Provisions include eliminating drafting errors and required. needless ambiguity, drafting the § 905.1 Purpose. VI. Review Under the Regulatory regulations to minimize litigation, The purposes of the Energy Planning Flexibility Act providing clear and certain legal and Management Program (Program) are standards for affected legal conduct, and The Regulatory Flexibility Act, 5 to implement section 114 of the Energy promoting simplification and burden Policy Act of 1992 (EPAct) and to U.S.C. 601 et seq., requires federal reduction. Agencies are also instructed extend the Western Area Power agencies to perform a regulatory to make every reasonable effort to Administration’s (Western) long-term flexibility analysis if a proposed ensure that regulations define key terms firm power resource commitments in regulation is likely to have a significant and are clear on such matters as support of customer integrated resource economic impact on a substantial exhaustion of administrative remedies planning. number of small entities. In the notice and preemption. The Department proposing the Program, Western’s certifies that today’s regulatory action § 905.2 Definitions. Administrator certified that this meets the requirements of section 2(a) Administrator means the Program, if promulgated, would not and (b)(2) of Executive Order 12778. Administrator of Western. have a significant adverse economic XI. List of Subjects in 10 CFR Part 905 Applicable integrated resource plan impact on a substantial number of small Electric Power, Electric Utilities, or applicable IRP, when used with entities. Western did not receive any reference to a customer, means the comments that addressed the Energy, Energy Conservation, Hydroelectric Power and Utilities. integrated resource plan (IRP) approved certification. by Western under these regulations for Issued in Golden, Colorado, September 21, that customer. VII. Review Under the Paperwork 1995. Reduction Act Customer means any entity that J.M. Shafer, purchases firm capacity, with or In accordance with the Paperwork Administrator. without energy, from Western under a Reduction Act of 1980, 44 U.S.C. 3501– For the reasons set forth in the long-term firm power contract. The term 3520, Western has received approval preamble, Title 10 of the Code of includes a member-based association from OMB for the collection of customer Federal Regulations is amended by (MBA) and its distribution or user information in this rule, under control adding a new part 905 to read as set members that receive direct benefit from number 1910–1200. forth below. Western’s power. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54175
Integrated resource planning means a IRP prepared and submitted to Western preferences, environmental impacts, planning process for new energy as provided herein, except for: demand or energy impacts, resources that evaluates the full range of (1) Those meeting the criteria for a implementation issues, revenue alternatives, including new generating small customer as detailed in § 905.14 impacts, and commercial availability. capacity, power purchases, energy this part; and (iv) The IRP discussion comparing conservation and efficiency, (2) State-regulated, investor-owned resource options must include: cogeneration and district heating and utilities. (A) the method or rationale used to cooling applications, and renewable (b) Nothing in these regulations shall select the options to be compared, energy resources, in order to provide require a customer to take any action (B) the options evaluated, adequate and reliable service to a inconsistent with a requirement (C) the assumptions and costs related customer’s electric consumers at the imposed by the Rural Utilities Service to the options, and customer’s or member’s lowest system or a state utility commission which (D) the evaluation methods, including cost. The process shall take into account receives IRP filings from that customer. any quantitative and qualitative methods used to compare the resource necessary features for system operation, § 905.11 Integrated resource plan such as diversity, reliability, options. contents. (2) An IRP must include an action dispatchability, and other factors of risk; (a) An integrated resource plan should plan covering a minimum period of 5 shall take into account the ability to support customer-developed goals and years describing specific actions the verify energy savings achieved through schedules. The plan should evaluate the customer will take to implement its IRP. energy efficiency and the projected full range of practicable alternatives for This plan must outline both short-term durability of such savings measured energy resources, and include: (2 years) and long-term (5 years) actions over time; and shall treat demand and (1) an assessment of resources on an proposed for implementation during the supply resources on a consistent and equitable basis, where supply-side, period covered by the plan. The action integrated basis. demand-side, and renewable resources Least-cost option means an option for plan must summarize the load profile are compared on a fair and accurate providing reliable electric services to data and address the results of the basis to determine an appropriate low- electric consumers which will, to the resource evaluation. Where a customer cost resource portfolio, and extent practicable, minimize life-cycle is implementing integrated resource (2) an integration of all options in a system costs, including adverse planning in response to State, Federal, comprehensive manner. and other initiatives, Western will environmental effects, of providing such (b) IRPs must consider electrical service. To the extent practicable, accept action plans of other than 2 and energy resource needs and may 5 years if they substantially comply energy efficiency and renewable consider, at the customer’s option, resources may be given priority in any with EPAct. For those customers not water, natural gas, and other energy experiencing or anticipating load least-cost option. resources. Each IRP submitted to Long-term firm power contract means growth, the action plan requirement for Western must satisfy the following any contract with Western for the sale the IRP may be satisfied by a discussion requirements of section 114 of EPAct: of current actions and procedures in of firm capacity, with or without energy, (1) Identification and Comparison of which is to be delivered over a period place to reevaluate periodically the All Practicable Energy Efficiency and possible future need for new resources. of more than 1 year. This term includes Energy Supply Resource Options. This contracts for the long-term sale of power The action plan must include the is an assessment and comparison of following four items: from the Boulder Canyon Project. existing and future supply- and Member-Based Association or MBA (i) Actions the customer expects to demand-side resource options available means: take in accomplishing the goals to a customer based upon its size, type, (1) an entity composed of utilities or identified in the IRP; resource needs, geographic area, and user members; or (ii) Milestones to be used to evaluate (2) an entity which acts as an agent competitive situation. Identification of accomplishment of those actions during for, or subcontracts with, but does not resource options evaluated by the implementation; assume power supply responsibility for specific customer, or members in the (iii) Quantified estimated energy and its principals or subcontractors, who are case of IRP cooperatives or MBAs, must capacity benefits for each action its members. be provided. The options evaluated planned; and Small customer means a customer should relate to the resource situation (iv) Estimated or proposed costs for with total annual sales or usage of 25 unique to each Western customer as implementing each action. (3) An IRP must designate least-cost GWh or less, as averaged over the determined by profile data (such as options to be utilized by the customer. previous 5 years, which is not a member service area, geographical This requires a comparative evaluation of a joint action agency or a generation characteristics, customer mix, historical of supply- and demand-side resources and transmission (G&T) cooperative loads, projected growth, existing system using a consistent economic evaluation with power supply responsibility, and data, rates, and financial information) method. This evaluation should identify that Western finds has limited and load forecasts. the most cost-effective energy services economic, managerial, and resource (i) Supply-side options include, but to the consumer, taking into account capability to conduct integrated are not limited to, purchased power reliability, economics, price, adverse resource planning. contracts, conventional or renewable environmental effects, risk, and all other Western means the Western Area generation options. factors influencing the quality of energy Power Administration. (ii) Demand-side options alter the customer’s use pattern in a manner that services. The analysis should consider Subpart BÐIntegrated Resource provides for an improved combination impacts on suppliers, distribution Planning of energy services at least cost to the entities, and end-use consumers, as customer and the ultimate consumer. applicable. The resource selection § 905.10 Applicability. (iii) Considerations that may be used process and criteria must be explicit and (a) Each customer of Western must to develop the potential options include identify the rationale for selection. An address its power resource needs in an cost, market potential, consumer IRP may strike a reasonable balance 54176 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations among the applicable evaluation factors, to the time series, end-use, and Manager of the Area in which the as opposed to a plan which seeks to econometric methods. customer is located by December 19, optimize any single criterion. (7) Customers must provide methods 1995, or within 30 days from the time Exceptions to least-cost-based decisions of validating predicted performance in it becomes a customer, whichever is may be made if the customer explains order to determine whether objectives in later. the basis for the decision and can show the IRP are being met. These validation (3) If an IRP submittal is found to be in the IRP that decisions were based on methods must include identification of insufficient after Western review, a a reasonable analysis of resource the baseline from which a customer will notice of deficiencies will be provided options and environmental effects, were measure the benefits of its IRP to the entity that submitted the IRP. based on response to public input, or implementation. Baseline data that is Western, working together with the were required by Federal or State unavailable should be identified. A customer, will determine the time mandates. reasonable balance must be struck allowable for resubmitting the IRP. (4) To the extent practicable, the between the cost of data collection and However, the time allowed for customer shall minimize adverse the benefits resulting from obtaining resubmittal will not be greater than 9 environmental effects of new resource exact information. months after the date of the disapproval, acquisitions and document these efforts unless otherwise provided by contract § 905.12 Submittal procedures. in the IRP. Customers are neither language in effect as of the effective date precluded from nor required to include (a) An IRP submitted to Western for of these regulations. a quantitative analysis of environmental approval must have sufficient detail for (4) Updated IRPs must be submitted externalities as a part of their integrated Western to confirm it meets the to the appropriate Area Manager every resource planning process. Customers requirements of these regulations. Only 5 years after Western’s approval of the are required to include a qualitative one IRP is required per customer, initial IRP. analysis of environmental effects. regardless of the number of long-term (5) Amendments and revisions to IRPs (5) In the preparation and firm power contracts between the may be submitted at any time. development of an IRP (or any revision customer and Western. (d) Western shall respond to IRP (b) Customers may submit IRPs to or amendment of an IRP), ample cooperative status requests within 30 Western under one of the following opportunity for full public participation days of receipt. If a request for IRP options: shall be provided. The IRP shall cooperative status is disapproved, the (1) Customers may submit IRPs describe how the customer: gathered requesting customers must submit their individually. initial IRPs no later than 1 year after the information from the public, identified (2) MBAs may submit individual IRPs public concerns, shared information date of the letter of disapproval. Any for each of their members or submit one subsequent requests by customers for with the public, and responded to IRP on behalf of all or some of their public comments. IRP cooperative status will be members, that specifies the responded to by Western within 30 days (i) Member-based associations and responsibilities and participation levels their members must demonstrate public of receipt of the request. Western’s of individual members and the MBA. approval of IRP cooperative status will participation in the preparation and Such IRP or IRPs shall constitute the development, revision, or amendment of not be based on any potential member’s MBA’s IRP where the MBA subcontracts contractual status with Western. the IRP. No specific number of meetings or acts as an agent but does not assume is required. power supply responsibility. Any § 905.13 Approval criteria. (ii) As part of the public participation member of an MBA may submit an (a) IRP or small customer plan process, the governing body of an MBA individual IRP to Western in lieu of approval will be based upon: and each MBA member (such as a board inclusion in an MBA IRP. (1) whether the IRP or small customer of directors or city council) must (3) Integrated resource planning plan satisfactorily addresses the criteria approve the IRP, confirming that all cooperatives approved by Western in these regulations; and requirements have been met. MBA and pursuant to paragraph (d) of this section (2) the reasonableness of the IRP or member approvals must be indicated by must submit an IRP for its members. small customer plan given the size, signature of a responsible official in the (4) Customers that Western type, resource needs, geographic area, IRP submitted to Western or by determines to be small customers and competitive situation of the documentation of passage of an pursuant to section 905.14 may submit customer. approval resolution by the appropriate a small customer plan in lieu of an IRP. (b) Western will review resource governing body included or referred to (c) Schedules. choices in accordance with section 114 in the IRP submitted to Western. (1) Except as provided in paragraph of EPAct and these regulations. Western (iii) For Western customers that do (c)(2) of this section, customers must will disapprove IRPs if resource choices not purchase for resale, such as Federal submit their initial IRP to the do not meet the reasonableness test set and State government agencies, the appropriate Area Manager no later than forth in (a)(2) of this section and the public participation requirement is 1 year after the effective date of this provisions of section 114 of EPAct. satisfied if there is review and rule, or after becoming a customer, (c) Where a customer or group of concurrence by a top management whichever is later. Approved IRP customers implements integrated official with resource acquisition cooperatives shall be allowed 18 months resource planning under a program responsibility, and the concurrence is from Western’s approval of the IRP responding to other Federal, State, or noted in the IRP submitted to Western. cooperative request to submit an initial other initiatives, Western shall accept (6) An IRP must include load IRP. and approve such a plan as long as the forecasting. Load forecasting should (2) Every customer must provide IRP substantially complies with the include data which reflects the size, written notification to Western if it requirements of these regulations. type, resource conditions, and intends to seek approval for IRP (d) In evaluating an IRP or small demographic nature of the customer cooperative or small customer status. customer plan, Western shall consider using an accepted load forecasting This notification must be provided by water planning, efficiency methodology, including but not limited the customer to the Western Area improvements, and conservation in the Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54177 same manner it considers energy (e) Maintenance of Small Customer anniversary date of the currently planning and efficiencies. Customers Status. applicable IRP. that provide water utility services and (1) Every year on the anniversary of § 905.17 Noncompliance. customers that service irrigation load as submittal of the plan, small customers part of their overall load may include must submit a letter to Western (a) The penalty set forth in this water conservation activities in the IRP. verifying that their annual energy sales section shall be imposed for failure to To the extent practical, customers or usage is 25 GWh or less averaged over submit or resubmit an IRP or small should convert their water savings to the previous 5 years, and identifying customer plan in accordance with these energy values. their achievements against their targeted regulations. The penalty also will be action plans. The letter will be used for imposed when Western finds that the § 905.14 Small customer plan. overall program evaluation and customer’s activities are not consistent (a) Small customers may submit a comparison with the customer’s plan, with the applicable IRP or small request to prepare a small customer plan and for verification of continued small customer plan unless Western finds that in lieu of an IRP. Requests for small customer status. a good faith effort has been made to customer status must include data on (2) A customer ceases to be a small comply with the approved IRP or small total annual energy sales and usage for customer if it: customer plan. the 5 years prior to the request. This (b) If it appears that a customer’s (i) exceeds total annual energy sales data will be averaged to determine activities may be inconsistent with the or usage of 25 GWh, as averaged over overall annual energy sales and usage so applicable IRP or small customer plan, the previous 5 years, that uncontrollable events, such as Western will so notify the customer and extreme weather, do not distort (ii) becomes a member of a joint offer the customer 30 days in which to levelized energy sales and usage. action agency or G&T cooperative with provide evidence of its good faith effort Documentation of limited economic, power supply responsibility, or to comply. If the customer does not managerial and resource capability must (iii) no longer has a limited economic, correct the specified deficiency or also be included in a request. managerial, and resource capability. submit such evidence, or if Western (b) Western shall respond to small Western will work with a customer who finds, after receipt of information from customer status requests within 30 days loses small customer status to develop the customer, that a good faith effort has of receipt of the request. If a request for an appropriate schedule, no longer than not been made, a penalty shall be small customer status is disapproved, 1 year, for submittal of an IRP. imposed. the requesting customer must submit its (3) Membership in or contracting with (c) Western shall provide written initial IRP no later than 1 year after the an MBA that does not have power notice of the imposition of a penalty to date of the letter of disapproval. Any supply responsibility shall not affect a the customer, and to the MBA or IRP subsequent requests by customers for customer’s status as a small customer. A cooperative where applicable. The small customer status will be responded small customer plan or annual letter notice must specify the reasons for to by Western within 30 days of receipt may be submitted by or through an imposition of the penalty. of the request. MBA that does not have power supply (d) Imposition of Penalty. (c) Small Customer Plan Contents. responsibility. (1) Beginning with the first full billing Small customer plans shall: period following the notice specified in (1) consider all reasonable § 905.15 Processing of IRPs and small paragraph (c) of this section a surcharge customer plans. opportunities to meet future energy of 10 percent of the monthly power service requirements using demand-side Western shall review all IRP and charges will be imposed until the management techniques, new renewable small customer plan submittals and deficiency specified in the notice is resources, and other programs that will notify the submitting entity of the plan’s cured, or until 12 months pass, provide retail consumers with acceptability within 120 days after provided that no such penalty shall be electricity at the lowest possible cost; receipt. immediately imposed if the customer or (2) minimize, to the extent § 905.16 Annual IRP progress reports. its MBA or IRP cooperative has practicable, adverse environmental requested reconsideration by filing a effects; and IRP progress reports must be written appeal with the appropriate (3) present in summary form the submitted each year within 30 days of Area Manager, pursuant to 905.18. following information: the anniversary date of the approval of (2) The surcharge imposed shall (i) customer name, address, phone the currently applicable IRP in such increase to 20 percent for the second 12 number, and contact person; form and containing such information months and to 30 percent per year (ii) type of customer; as to describe the customer’s thereafter until the deficiency is cured. (iii) current energy and demand accomplishments achieved pursuant to (3) After the first 12 months of profiles and data on total annual energy the action plan, including projected imposition of the surcharge and in lieu sales and usage for the previous 5 years; goals, implementation schedules, and of imposition of any further surcharge, (iv) future energy services projections; resource expenditures, and energy and Western may impose a penalty which (v) the manner in which paragraphs capacity benefits and renewable energy would reduce the resource delivered (c) (1) and (2) of this section were developments achieved as compared to under a customer’s long-term firm considered; and those anticipated. Measured values are power contract(s) by 10 percent. The (vi) actions to be implemented over preferred, but reasonable estimates are resource reduction may be imposed the next 5 years. acceptable if measurement is infeasible either (d) The first small customer plan must or not cost-effective. In lieu of a separate (i) when it appears to Western to be be submitted to the appropriate Western progress report, all information from the more effective to assure customer Area Manager within 1 year after progress report may be combined with compliance, or Western’s approval of the request for any other report that the customer (ii) when such reduction may be more small customer status. Small customers submits to Western, at the customer’s cost-effective for Western. must submit in writing a small customer discretion, if that report is submitted (4) The penalty provisions in existing plan every 5 years. within 30 days of the approval contracts will continue to be in effect 54178 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations and shall be administered and enforced (d) A written appeal or use of § 905.21 Program review. in accordance with such contract alternative dispute resolution Before January 1, 2000, and at provisions. procedures does not suspend other appropriate intervals thereafter, Western (e) The surcharge will be assessed on reporting and compliance requirements shall initiate a public process to review the total charges for all power obtained under these regulations. these IRP regulations in order to by a customer from Western and will determine whether the criteria for § 905.19 Periodic review by Western. not be limited to firm power charges. approval of IRPs should be revised to When a customer resolves the (a) Western will periodically review reflect changes in technology, needs, or deficiencies, the imposed surcharge or customer actions to determine whether other developments. power withdrawal will cease, beginning they are consistent with the approved with the first full billing period after IRP. Small customer plans are not Subpart CÐPower Marketing Initiative compliance is achieved. subject to this periodic review. (f) In situations involving an IRP § 905.30 Purpose and applicability. (b) Beginning 3 years after the submitted by a member-based (a) The Power Marketing Initiative effective date of these regulations, association on behalf of its members (PMI) provides a framework for Western shall periodically review where a single member does not marketing Western’s long-term firm selected, representative IRPs and the comply, a penalty or withdrawal shall hydroelectric resources. For covered customer’s implementation of the be imposed upon the MBA on a pro rata projects, Western will make a major applicable IRP. These reviews are in basis in proportion to that member’s portion of the resources currently under addition to, and separate and apart share of the total MBA’s power received contract available to existing long-term from, the review of initial IRP from Western. In situations involving firm power customers for a period of submittals and updated IRPs made noncompliance by a member of an IRP time beyond the expiration date of their under §§ 905.11 and 905.13 of these cooperative, any applicable penalty current contracts. regulations. shall be imposed directly upon that (b) The Western projects covered by member if it has a firm power contract (c) Western will review a this subpart are the Pick-Sloan Missouri with Western. If the IRP cooperative representative sample of IRPs from each Basin Program—Eastern Division and member does not have a firm power of its marketing areas. The the Loveland Area Projects (LAP). The contract with Western then a penalty or representative samples will consist of PMI applies to covered projects to the withdrawal shall be imposed upon the IRPs that reflect the diverse extent it is consistent with other member’s MBA or parent-type entity on characteristics and circumstances of the contractual and legal rights, and subject a pro rata basis in proportion to that customers that purchase power from to any applicable project-specific member’s share of the total MBA’s Western. At a minimum, Western will environmental requirements. power received from Western. review a sample of IRPs from the following: § 905.31 Term. § 905.18 Administrative appeal process. (1) IRPs indicating a need to acquire Western will extend resource (a) If a customer disagrees with resources in the IRP study period; commitments for 20 years from the date Western’s determination of the (2) IRPs prepared by individual existing contracts expire to existing acceptability of its IRP submittal, its customers, IRP cooperatives, and customers with long-term firm power compliance with an approved IRP, or member-based associations; and contracts from projects identified in any other compliance issue, the section 905.30(b). customer may request reconsideration (3) IRPs that do not show plans to by filing a written appeal with the implement DSM programs in the IRP § 905.32 Resource extensions and appropriate Area Manager. Appeals may study period. resource pool size. be submitted any time such (d) Periodic reviews may consist of (a) Western will extend a project- disagreements occur and should be any combination of review of the specific percentage of the marketable specific as to the nature of the issue, the customer’s annual IRP progress reports, resource, determined to be available at reasons for the disagreement, and any telephone interviews, or on-site visits. the time future resource extensions other pertinent facts which the customer Western will document these periodic begin, to existing customers with long- believes should be brought to Western’s reviews and shall report on the results term firm power contracts. The attention. The Area Manager will of the reviews in Western’s annual remaining unextended power will be respond within 45 days of receipt of the report. used to establish project-specific resource pools. An initial level of 96 appeal. If resolution is not achieved at § 905.20 Freedom of Information Act. the Area Office level, a further appeal percent of the marketable resource will may then be made to the Administrator IRPs and associated data submitted to be extended for the Pick-Sloan Missouri who will respond within 30 days of Western will be made available to the Basin Program—Eastern Division and receipt. public unless Western has determined, the Loveland Area Projects. (b) Upon request, Western will agree pursuant to 10 CFR Part 1004, that (b) At two 5-year intervals after the to use mutually agreeable alternative particular information is exempt from effective date of the extension to dispute resolution procedures, to the public access under the Freedom of existing customers, Western shall create extent allowed by law, to resolve issues Information Act (FOIA). Customers may a project-specific resource pool or disputes relating to compliance with request confidential treatment of all or increment of up to an additional 1 IRP requirements. part of a submitted document under percent of the long-term marketable (c) Western shall not impose a penalty FOIA’s exemption for confidential resource under contract at the time. The while an appeal process is pending. business information. Materials so size of the additional resource pool However, if the appeal is unsuccessful designated and which Western increment shall be determined by for the customer, Western shall impose determines to meet the exemption Western based on consideration of the the penalty retroactively from the date criteria in the FOIA will be treated as actual fair-share needs of eligible new the penalty would have been assessed if confidential and will not be disclosed to customers and other appropriate an appeal had not been filed. the public. purposes. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54179
(c) The initial pool percentages shall commitments, shall take place only after willing, and able to purchase power be applied to the marketable resource an appropriate public process. from Western on a wholesale basis for determined to be available at the time (d) The formula set forth in paragraph resale to retail consumers. To be eligible future resource extensions begin. (a) of this section also should be used to apply for power available from a Subsequent percentages shall be applied to determine the amounts of firm power project’s initial resource pool, those to the resource under contract at the subject to withdrawal at 5-year intervals entities that desire to purchase Western time. after the effective date of the extension power for resale to consumers must (d) The additional resource pool to existing customers, except that the have attained utility status by December increments shall be established by pro percentage used would be up to 1 31, 1996, for the Pick-Sloan Missouri rata withdrawals, on 2 years’ notice, percent for each of the two withdrawal Basin Program—Eastern Division, and from then-existing customers. opportunities, and the formula would by September 30, 2000, for the Loveland Withdrawals could be mitigated or use the customer CROD, project CROD Area Projects. To be eligible to apply for delayed if good water conditions exist. and the resource under contract at the power from subsequent resource pool (e) Once the extensions for existing time. increments, these entities must have customers and allocations to new attained utility status no later than 3 customers from the resource pool have § 905.34 Adjustment provisions. years prior to availability of the been made, additional power resources Western reserves the right to adjust incremental addition to the resource may become available for various marketable resources committed to all pool. Deadlines for attaining utility reasons. Any additional available customers with long-term firm power status for other projects will be resources will be used as follows: contracts only as required to respond to established at a later date. (1) If power is reserved for new changes in hydrology and river customers but not allocated, or operations, except as otherwise § 905.36 Marketing criteria. resources are offered but not placed expressly provided in these regulations. Western shall retain applicable under contract, this power will be Under contracts that extend resources provisions of existing marketing criteria offered on a pro rata basis to customers under this PMI, existing customers shall for projects where resource that contributed to the resource pool be given at least 5 years’ notice before commitments are extended beyond the through application of the extension adjustments are made. New customers current expiration date of long-term firm formula in § 905.33. may receive less notice. The earliest that power sales contracts. Western must (2) If power resources become any notice under this section shall retain important marketing plan available as a result of the enhancement become effective is the date that existing provisions such as classes of service, of existing generation, project-use load contractual commitments expire. Any marketing area, and points of delivery, efficiency upgrades, the development of adjustment shall only take place after an to the extent that these provisions are new resources, or resources turned back appropriate public process. consistent with the PMI. The PMI, to Western, Western may elect to use Withdrawals to serve project use and eligibility and allocation criteria for this power to reduce the need to acquire other purposes provided for by contract potential new customers, retained or firming resources, retain the power for shall continue to take place based on amended provisions of existing operational flexibility, sell these existing contract/marketing criteria marketing criteria, the project-specific resources on a short-term basis, or principles. resource definition, and the size of a allocate the power. project-specific resource pool shall (3) If resources become available due § 905.35 New customer eligibility. constitute the future marketing plan for to imposition of penalties pursuant to (a) Allocations to new customers from each project. the project-specific resource pools § 905.17, Western may make such § 905.37 Process. resources available within the marketing established under § 905.32 shall be area to existing customers that are in determined through separate public Modified contractual language shall compliance with Subpart B, subject to processes in each project’s marketing be required to place resource extensions withdrawal. area. New customers receiving an under contract. Resource extensions and allocation must execute a long-term firm allocations to new customers from the § 905.33 Extension formula. power contract to receive the allocated initial resource pool will take effect (a) The amount of power to be power and are required to comply with when existing contracts expire. These extended to an existing customer shall the IRP requirements in this part. dates are December 31, 2000, for the be determined according to this Contracts with new customers shall Pick-Sloan Missouri Basin Program— formula: expire on the same date as firm power Eastern Division and September 30, Customer Contract Rate of Delivery contracts with all other customers of a 2004, for the Loveland Area Projects. (CROD) today/total project CROD under project. For the Pick-Sloan Missouri Basin contract today x project-specific (b) To be eligible for an allocation, a Program—Eastern Division, Western percentage x marketable resource potential new customer must be a will offer contracts to existing customers determined to be available at the time preference entity, as defined in for resource extensions no sooner than future resource extensions begin = Reclamation law, within the currently the effective date of the final CROD extended. established marketing area for a project. regulations. For the Loveland Area (b) Where contract rates of delivery (c) Entities that desire to purchase Projects, existing contracts provide for vary by season, the formula shall be power from Western for resale to potential adjustments to marketable used on a seasonal basis to determine consumers, including municipalities, resources in 1999. No contracts will be the extended power resource. A similar cooperatives, public utility districts and offered to existing customers for post- pro rata approach shall be used for public power districts, must have utility 2004 Loveland Area Projects resources energy extensions. status. Native American tribes are not until the analysis of potential resource (c) Determination of the amount of subject to this requirement. Utility adjustments in 1999 has been completed resource available after existing status means that the entity has and any adjustments are implemented. contracts expire, if significantly responsibility to meet load growth, has Existing power sales contracts require different from existing resource a distribution system, and is ready, that this analysis be completed by 1996. 54180 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
Subpart DÐEnergy Services and to substitute the gender neutral In issuing the Rule, the Commission words ‘‘the buyer’’ or ‘‘the buyer’s’’ for adopted a broad definition of ‘‘Door-to- § 905.40 Technical assistance. the pronouns ‘‘he,’’ ‘‘his,’’ and ‘‘him.’’ Door Sale’’ to include any sale ‘‘made at Western shall establish a program that EFFECTIVE DATE: December 19, 1995. a place other than the place of business provides technical assistance to FOR FURTHER INFORMATION CONTACT: of the seller.’’ In doing this, the customers to conduct integrated Lemuel W. Dowdy, Attorney, (202) 326– Commission indicated that the Rule resource planning, implement 2981, Division of Enforcement, Bureau covers more than just at-home sales.5 applicable IRPs and small customer of Consumer Protection, Federal Trade The Commission has on several plans, and otherwise comply with the Commission, Washington, D.C. 20580. occasions reiterated this position. For requirements of these regulations. example, in a 1978 Advisory Opinion, SUPPLEMENTARY INFORMATION: [FR Doc. 95–25829 Filed 10–19–95; 8:45 am] the Commission stated: In the opinion of the Commission, BILLING CODE 6450±01±P I. Introduction firms which temporarily or sporadically The Cooling-Off Rule was rent hotel rooms, motel rooms, public promulgated by the Commission on halls or other facilities and invite FEDERAL TRADE COMMISSION 1 October 26, 1972, and subsequently members of the general public to attend amended on November 1, 1973,2 16 CFR Part 429 3 a presentation therein, the purpose of November 19, 1973, , and November 10, which is to sell them courses of training, 1988.4 The Rule, as amended, declares Rule Concerning Cooling-Off Period are subject to the provisions of the it to be an unfair and deceptive act or Trade Regulation Rule concerning a for Sales Made at Homes or at Certain practice for any seller in a door-to-door Other Locations Cooling-Off Period for Door-To-Door sale of consumer goods or services, with Sales (16 CFR 429).6 AGENCY: Federal Trade Commission. a purchase price of $25 or more, to fail Moreover, pursuant to Section ACTION: Final non-substantive to furnish the buyer with certain oral 18(g)(2) of the FTC Act,7 the amendments to the rule. and written disclosures regarding the Commission on November 10, 1988, right of the buyer to cancel the contract granted exemptions to the Rule to SUMMARY: The Federal Trade within three business days from the date certain sellers of automobiles and of arts Commission (‘‘the Commission’’) of the sales transaction. The Rule also and crafts at temporary business announces that it has concluded a requires a seller, within 10 business locations.8 In granting these exemptions, review of its Trade Regulation Rule on days after receipt of a valid cancellation the Commission noted that, when it had Cooling-Off Period for Door-to-Door notice from a buyer, to honor the issued the Rule in 1972, it was Sales (‘‘Cooling-Off Rule’’ or ‘‘Rule’’), buyer’s cancellation by refunding all concerned not only with sales made at and determined there is a continuing payments made under the contract, by consumers’ homes, but also with sales need for the Rule. This review was returning any traded-in property, by by ‘‘itinerant salesmen who sell at conducted as part of the Commission’s cancelling and returning any security restaurants, shops and other places.’’ 9 ongoing program to review all of its interests created in the transaction, and rules and guides periodically. The by notifying the buyer whether the II. Background Commission has also determined to seller intends to repossess or to abandon In 1983, the Commission began a issue non-substantive amendments to any shipped or delivered goods. review of the Cooling-Off Rule pursuant several Rule provisions. Specifically, The Rule requires the seller in a door- to the Regulatory Flexibility Act, 5 the Commission is amending the Rule to-door sale to furnish the buyer with a U.S.C. 603, and published a notice in by renaming it so that it more clearly completed receipt, or a copy of the sales the Federal Register soliciting comment identifies the kinds of sales it covers contract, containing a summary notice on whether the Rule had a significant and by inserting two notes, formerly at informing the buyer of the right to impact on small businesses and, if so, the end of the Rule, into the Rule itself. cancel the transaction. The Rule also whether the Rule needed amendment to Moreover, the Commission is amending requires a seller to furnish the buyer minimize its impact on small the Rule by adding a new section with a completed cancellation form, in containing two exemptions to the Rule duplicate, captioned either ‘‘Notice of 5 37 FR 22947 (Oct. 26, 1972). that the Commission granted, in Right to Cancel’’ or ‘‘Notice of 6 Advisory Opinion, dated July 14, 1978, in FTC November 1988, to certain sellers of arts Cancellation,’’ one copy of which can be File No. D.H. 70016. 7 and crafts and of automobiles. The returned by the buyer to the seller to 15 U.S.C. 57a(g)(2). This section of the FTC Act effect cancellation. provides that the Commission may, on its own or Commission is also expanding the on the basis of a petition, exempt persons from a exemption for automobiles to include rule’s application if their inclusion is not necessary vans, trucks and other motor vehicles 1 37 FR 22933 (Oct. 26, 1972). The effective date to prevent a practice to which the rule relates. of the Rule was later set as June 7, 1974. 38 FR Exemptions are considered through notice and sold at temporary places of business by 33766 (Dec. 7, 1973). comment rulemaking. dealers having permanent places of 2 38 FR 30105 (Nov. 1, 1973). This amendment 8 53 FR 45455 (Nov. 10, 1988). The first business. Further, the Commission is revised the fourth paragraph of the sample ‘‘Notice exemption was for sellers of automobiles at amending the Rule by adding a of Cancellation’’ set forth in section 429.1(b) of the auctions, tent sales and other temporary places of Rule, 16 CFR 429.1(b), to make clearer what are the business, provided the seller has a permanent place parenthetical statement to the Rule’s buyer’s responsibilities for goods delivered under a of business elsewhere. The second exemption was definition of the term ‘‘Door-to-Door contract the buyer has cancelled. for sellers of arts and crafts at fairs and other, Sale.’’ This new statement gives 3 38 FR 31828 (Nov. 19, 1973). This amendment similar locations. The Commission, when granting examples of kinds of sales locations corrected a misstatement in the November 1, 1973, these exemptions, determined that, at least with amendment concerning the amendment’s effective regard to these transactions, the record indicated an covered by the Rule. The Commission is date. absence of the kinds of problems (such as the high also amending the Rule’s definition of 4 53 FR 45455 (Nov. 10, 1988). This amendment pressure sales tactics, the nuisance aspects, the ‘‘Business Day’’ to reflect changes in allowed alternative wording in certain parts of the equivalent of deceptive door-openers, or the federal holidays. Finally, the Rule’s required ‘‘Notice of Cancellation.’’ At the misrepresentations as to the quality, price or same time, the Federal Register notice announced characteristics of the product or services offered for Commission is amending the Rule to the two exemptions the Commission was granting sale) that are often generally associated with sales make the typeface used in the sample to sellers of arts and crafts and of automobiles sold made in the home. ‘‘Notice of Cancellation’’ more readable at temporary places of business. 9 Id. at 45458. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54181 businesses.10 After reviewing the III. Summary and Analysis of the costs and benefits of the Rule, its comments received, the Commission Comments possible conflict with other laws, and determined that there was a continuing The April 15, 1994, Federal Register recent changes in relevant technology or need for the Rule and that there was no notice gave all interested persons 30 economic conditions. basis to conclude that the Rule had a days to submit, in writing, their data, DSA stated that the Rule benefits both significant impact on small views and arguments concerning the consumers and sellers, that it imposes businesses.11 At the same time, the existing Rule and any proposed no costs on consumers and only Commission proposed and solicited amendments or exemptions to it. The minimal printing costs on sellers, and comments on two limited exemptions Commission received comments from that it does not conflict with other and on non-substantive amendments ten organizations, consisting of two federal or state and local laws because permitting alternative methods of door-to-door sellers, three trade the Rule sets a minimum national compliance with the Rule’s notice standard, leaving the states free to enact associations representing door-to-door 16 requirements.12 The Commission sellers, four associations representing greater consumer protections. IA DOJ adopted these proposals on November consumer interests, and the Office of the stated that the Rule benefits both 10, 1988.13 Attorney General of the State of Iowa.15 consumers and sellers and imposes, at most, only negligible costs on In 1992 the Commission determined, (A) Responses to the Federal Register consumers. It also stated the Rule as part of its oversight responsibilities, Notice’s Regulatory Review Questions imposes only negligible burdens on to review periodically all of its rules and sellers, and that, although the Rule does guides. The information obtained from 1. Summary overlap state laws, it does not thereby such reviews assists the Commission in The first six questions posed by the create any problems because it sets only identifying those rules and guides that Federal Register notice were general minimum standards.17 NACAA stated warrant modification or rescission. ones, such as whether the Commission that the Rule imposes no significant On April 15, 1994, pursuant to the should retain the Rule and what are the costs or burdens on consumers and is Commission’s regulatory review project, Rule’s costs and benefits. All ten not overly burdensome on businesses. the Commission published in the commenters responded to the first two NACAA also stated that, although the Federal Register a notice requesting questions concerning retention and/or Rule overlaps many state cooling-off public comments concerning the Rule’s modification of the Rule by urging the statutes, there is no conflict because the costs and benefits, its overall regulatory Commission to keep the Rule. All Rule rightly sets only a minimum and economic impact, and the current commenters, however, either proposed standard and the states should be free to need for the Rule.14 The Federal or endorsed one or more of the require greater buyers’ cancellation Register notice specifically asked for amendments to the Rule described in rights if they choose.18 comment on whether the Rule should subsections B, C and D infra. Only a few continue to cover sales made at comments specifically addressed any of 2. Analysis temporary and short-term places of the four remaining questions concerning The comments indicate that the Rule business, such as hotel rooms, provides substantial benefits to convention centers, fairgrounds and 15 The list below includes the commenter’s name, consumers without imposing along with an acronym in parenthesis, the public unreasonable costs on sellers or others. restaurants. Moreover, the Commission record document number assigned to the comment specifically requested comments on by the Commission’s Secretary, and a general Although most commenters proposed whether the two existing exemptions to description of the commenter. For the remainder of specific amendments, they were the Rule for sellers of automobiles and this Notice, each comment will be cited by the unanimous in stating that the acronym and document number. Commission should retain the Rule. of arts and crafts at temporary places of #001. Craftmatic Organization, Inc. (‘‘CO’’), a business should be continued or door-to-door seller of mattresses. (B) Responses to the Federal Register expanded. Specifically, the Commission #002. American Association of Retired Persons Notice’s Questions Concerning Sales at asked if the exemption covering arts and (‘‘AARP’’), a representative of retired people Places Other Than the Regular Place of crafts sold at fairs and other, similar throughout the country. #003. International Hearing Society (‘‘IHS’’), a Business of the Seller places should be expanded to include representative of hearing aid specialists located garden equipment, fencing materials throughout the country and abroad. 1. Summary and other non-crafts. The Commission #004. National Automobile Dealers Association The Federal Register notice contained also asked if the current exemption for (‘‘NADA’’), a representative of automobile and truck four questions concerning the Rule’s automobiles sold at auctions, tent sales retailers located throughout the country. coverage of sales made at temporary #005. UAW–GM Legal Services Plan (‘‘UAW– and other temporary places of business GM’’), a representative of automobile workers and places of business. The first asked (provided the seller has a permanent retirees through 70 law offices located throughout whether sales at temporary business place of business) should be expanded the country. locations involve the kinds of problems to include pickup trucks, vans, trucks #006. Direct Selling Association (‘‘DSA’’), a associated generally with door-to-door representative of more than 150 companies that sell and campers. Last, the Commission products by personal presentation, primarily at sales. Comments from buyers’ sought comment on its proposal to buyers’ homes. representatives stated that one or more eliminate the outdated list of federal #007. State of Iowa Department of Justice (‘‘IA of the problems described in the Federal holidays given in the Rule’s definition DOJ’’), the Consumer Protection Division of the Register notice as recurrent with in- of ‘‘Business Day’’ and to replace it with Iowa Attorney General’s office. home sales (e.g., the prevalence of high #008. Legal Aid Society of Dayton, Inc. a general statement that federal holidays (‘‘LASOD’’), a representative of consumer interests pressure sales and failure to disclose the are excluded from the Rule’s three-day in Dayton, Ohio. purpose of the contact) are frequently cancellation period. #009. National Association of Consumer Agency also associated with sales at temporary Administrators (‘‘NACAA’’), a representative of business locations. Several of these government consumer protection agencies at the 10 commenters noted that sellers using 48 FR 9032–34 (Mar. 3, 1983). municipal, county and state levels, with associate 11 52 FR 29539 (Aug. 10, 1987). members in the consumer affairs departments of 12 Id. federal agencies. 16 DSA, #006, pp. 2–4. 13 53 FR 45455 (Nov. 10, 1988). #010. World Media International, Inc. (‘‘WMI’’), a 17 IA DOJ, #007, pp. 2–4. 14 59 FR 18008 (Apr. 15, 1994). door-to-door seller of various products. 18 NACAA, #009, pp. 2–4. 54182 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations temporary business locations often sometimes used at rug auctions to drive The fourth question concerning sales pressure consumers into making up bids to inflated prices.28 NACAA at temporary business locations sought immediate purchase decisions.19 IA DOJ commented further that consumers comments on whether the current cited examples where direct sellers lure purchasing automobiles at auctions exemption for arts and crafts sold at consumers to temporary locations with sometimes do not understand that they fairs and similar places should be promises of ‘‘free’’ items or services may not be protected by warranties expanded to include other products, only to surprise consumers with high- applicable in sales made at dealers’ such as garden equipment, fencing pressure sales pitches.20 lots.29 On the other hand, IA DOJ materials and other non-crafts. The two IA DOJ and NACAA observed that believed that the surprise sale commenters responding both opposed consumer protection agencies frequently solicitations that are often associated expanding this exemption. The IA DOJ encounter direct sellers that use hotel with hotel seminars are not common at stated that consumers attending these conference rooms and banquet halls to auction sales and that consumers who fairs, in many instances, lack sufficient sell expensive items of dubious value, attend auctions are generally not time to consider making purchases.36 such as books or tapes describing get- pressured to buy.30 NACAA noted that expanding this rich-quick schemes, multi-level IA DOJ stated that problems with exemption would allow unscrupulous marketing plans, business opportunities sales at temporary business locations are marketers to avoid Rule coverage.37 and overpriced rugs.21 These sellers, substantially mitigated if the seller has The Federal Register notice also according to these commenters, often a permanent place of business in the sought information on whether the draw consumers to the sites by consumer’s area.31 If, however, there is current exemption for automobiles sold advertising self-help seminars or other no permanent place of business near the at auctions, tent sales and other non-sales activities, and then use consumer, IA DOJ believed that temporary places (provided the seller misrepresentations and high pressure consumers derive no benefit from the has a permanent place of business) tactics to sell their products or fact that the seller has a permanent should be expanded to include trucks, services.22 IA DOJ also stated that it is place of business elsewhere.32 campers and vans. NADA stated that a nuisance for consumers to be drawn The third question asked whether the this exemption should be expanded out of their homes by promises of free Rule should continue to apply to sales because the reasoning the Commission merchandise or information, only to be solicited at temporary business used in exempting the sale of faced with a high-pressure sales pitch locations. The five commenters that automobiles at temporary business touting goods or services that ultimately responded to this question stated that locations would apply with equal force prove to be of little value.23 the Rule should continue to apply to to sales of pickup trucks, vans, trucks Another question asked whether such sales.33 DSA stated that the and campers.38 certain types of temporary business Commission should not reduce the level NACAA, on the other hand, opposed locations (e.g., fairgrounds, convention of protection consumers now enjoy extending the exemption to trucks, vans centers, restaurants or dormitories) are under the Rule.34 IA DOJ offered the and campers because it has strong more or less likely to be associated with following reasons for applying the Rule reservations about the current the problems found in door-to-door to sales at temporary business locations: exemption for sales of automobiles at selling. IA DOJ stated that these In our experience, door-to-door sales temporary business locations.39 problems occur just as frequently at persons rarely offer to give the consumer a Specifically, NACAA believed that temporary businesses located in retail day to think about a purchase and return the consumers purchasing motor vehicles at settings as they do at other temporary next day to consummate the sale. They auctions sometimes do not understand 24 pressure the consumer to buy the day they business locations. The commenter stop at the consumer’s home. Similarly, that they may not be protected by said, however, that problems found in sellers from temporary business locations are warranties that would be applicable to door-to-door selling are less likely to often in the consumers’ community for only sales made at dealers’ lots. NACAA also occur when selling takes place at a day or two. These sellers often represent believed that consumers may not temporary sites set up at events where that consumers must buy during the seller’s perceive agreements they make at the primary focus is not on selling presence in the community. In addition, such temporary locations as binding. For products to consumers.25 NACAA sellers often lure consumers to the temporary these reasons, NACAA opposed expressed concern that, when direct site with promises of free merchandise or extending the exemption to include services, only to surprise consumers with sellers use convention centers, rented high-pressure sales pitches for high-priced vehicles that may be even more halls and college dormitory lounges, merchandise. Consumers who purchase from expensive than cars.40 some consumers may believe that the permanent business locations also can visit In addition to opposing expanding the seller has been approved or screened by the business in person to request refunds and automobile exemption, NACAA the owners or operators of the facility.26 file complaints. In addition, sellers with proposed a modification to this With respect to sales at auctions, IA permanent business locations in a exemption to ensure that ‘‘curbstoners’’ DOJ and NACAA stated that there is a community have greater incentive to deal are covered by the Rule.41 NACAA high potential for deception in such fairly with their customers. These significant stated that ‘‘curbstoners’’ (dealers who benefits are not available to consumers who settings because consumers have little purchase from door to door sellers or from sell automobiles by posing as an 27 time to evaluate their purchases. those who sell from temporary business NACAA commented that ‘‘shills’’ are locations.35 36 Id. at 8. 37 NACAA, #009. p. 6. 38 NADA, #004, p. 1. The Commission received a 19 IA DOJ, #007, p. 5; LASOD, #008, p. 2; NACAA, 28 NACAA, #009, p. 5. similar suggestion when it solicited comments #009, p. 5. 29 Id. at 7. before granting the automobile exemption. Because, 20 IA DOJ, #007, p. 7. 30 # IA DOJ, 007, pp. 6–7. however, the Commission had not specifically 21 # # IA DOJ, 007, p. 5; NACAA, 009, p. 5. 31 Id. sought comment on exempting such other vehicles, 22 Id. 32 Id. the Commission concluded that adequate notice to 23 IA DOJ, #007, p. 6. the public had not been given at that time to justify 33 # # 24 Id. AARP, 002, p. 4; DSA, 006, p. 3; IA DOJ, the broader exemption. #007, p. 7; LASOD, #008, p. 2; NACAA, #009, p. 4. 25 Id. 39 NACAA, #009, p. 7. 34 DSA, #006, p. 4. 26 NACAA, #009, p. 6. 40 Id. 27 IA DOJ, #007, p. 6; NACAA, #009, p. 5. 35 IA DOJ, #007, p. 2. 41 Id. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54183 individual selling a personal vehicle) Guide required by the Used Car Rule, further amendments if other changes in often make sales by misrepresenting the consumers are likely to infer that the the federal holidays are ever made. mechanical condition of the car and by seller is a used car dealer rather than a Three commenters addressed the rolling back the odometer. Many private individual selling a personal proposal to amend the Rule’s definition ‘‘curbstoners,’’ according to NACAA, are vehicle. ‘‘Curbstoners’’ who fail to of ‘‘business day.’’ IA DOJ supported the included in the exemption because they comply with the Used Car Rule are proposed amendment.46 NACAA have a permanent business location. subject to an enforcement action by the opposed it, arguing that the Rule should Commission. If a state’s consumer specifically list the federal holidays so 2. Analysis protection law authorizes enforcement that consumers can readily identify The Commission has determined that of FTC Rules, that state’s law them.47 CO stated that the proposal the Rule should continue to apply to enforcement agencies can also bring should be revised to take into account sales at temporary business locations. enforcement actions against the fact that, under some state laws or The Rule specifically excludes sales that ‘‘curbstoners’’ for violating the Used Car local ordinances, Saturday is not take place at the seller’s ‘‘place of Rule. Similarly, odometer tampering is considered a business day. To avoid business,’’ which is defined as the prohibited by federal law.44 The U.S. confusion, CO suggested that the seller’s ‘‘main or permanent branch Department of Justice enforces this law, following sentence be added to the office or local address.’’ 42 The term and state Attorneys General can also proposed amendment: ‘‘This definition ‘‘local address,’’ as it is used in the bring actions under the federal shall take precedence over state or local definition of ‘‘place of business,’’ means odometer law against ‘‘curbstoners’’ that law or ordinance.’’ 48 a permanent local address of the seller. roll back odometers.45 2. Analysis Thus, a seller’s temporary business Lastly, the Commission has decided The Commission has decided to location does not constitute a ‘‘local against expanding the arts and crafts address.’’ Such temporary places of amend the Rule’s definition of exemption. The comments do not ‘‘business day’’ by updating the list of business include facilities rented on a support adding more transactions to this temporary and short-term basis, such as federal holidays. This listing will allow exemption. Furthermore, expanding the both consumers and sellers to identify hotel rooms, convention centers, exemption could create confusion as to fairgrounds and restaurants. In addition, precisely those dates covered by the what sales at fairs and similar places are Rule’s cancellation period. The sales occurring at other places that are covered by the Rule. not the seller’s place of business, such Commission, however, has determined as a buyer’s workplace or dormitory (C) Responses to the Federal Register not to add to the definition of ‘‘business lounge, are covered by the Rule. Notice’s Remaining Questions day’’ a sentence stating that the Rule’s definition takes precedence over state or The Commission also has determined 1. Summary to retain the exemptions for sellers of local law. The Rule does not preempt arts and crafts and of automobiles sold The Rule requires door-to-door sellers state laws or local regulations providing at temporary places of business. In to offer buyers a cooling-off period of cancellation rights that are substantially three business days from the date of the the same or greater than that provided addition, the Commission has decided 49 to expand the automobile exemption to transaction. The current Rule defines by the Rule. Further, the Notice of Cancellation cover all motor vehicles sold at a ‘‘Business Day’’ as: that consumers receive at the time they dealer’s temporary place of business Any calendar day except Sunday or sign the contract states exactly what (provided the dealer has a permanent the following business holidays: New cancellation period applies to their sales location). In the Commission’s Year’s Day, Washington’s Birthday, transaction. This notice has a space Memorial Day, Independence Day, view, there is no compelling reason to where the seller is required to write in Labor Day, Columbus Day, Veterans’ distinguish cars from other kinds of the specific time when the cancellation Day, Thanksgiving Day, and Christmas motor vehicles sold under the same period ends: ‘‘To cancel this transaction, Day. circumstances. mail * * * this cancellation notice The Commission has determined that The Federal Register notice sought * * * to lllll not later than modifying the exemption for comment on whether this definition midnight of (date) llll.’’ Thus, automobiles to bring ‘‘curbstoners’’ should be modified to refer to ‘‘any sellers can factor in time periods and under the Rule is not necessary. The federal holiday’’ rather than listing the days excluded by state law in problems with ‘‘curbstoners’’ that specific holidays. The amendment calculating when the cancellation NACAA raises are not those that the would enable the Rule automatically to period ends. The Rule in essence only Cooling-Off Rule was designed to take into account any changes in federal provides a right to have a minimum of correct. Other laws regulate such holidays. Since promulgation of the three business days to cancel, as practices. Most ‘‘curbstoners’’ are Rule, the federal George Washington’s business days are counted under the covered by the Commission’s Used Car Birthday holiday has been replaced with Rule. Rule.43 If the seller displays a Buyers the Presidents’ Day holiday and a new federal holiday honoring the birthday of (D) Proposals Raised by Commenters 42 The Rule’s definition of ‘‘door-to-door sale’’ Martin Luther King, Jr., has been 1. Summary excludes sales that are made at ‘‘the place of adopted. The Commission’s proposed business of the seller.’’ 16 CFR 429.1, note 1(a). The The commenters, in response to the Rule defines ‘‘place of business’’ as ‘‘the main or amendment would have corrected the permanent branch office or local address of the existing Rule’s out-of-date listing of Commission’s request for suggestions on seller.’’ 16 CFR 429.1, note 1(d). holidays and avoided the need for how the Rule might be modified, 43 16 CFR Part 455. The Used Car Rule requires suggested a total of ten different dealers to post a Buyers Guide on each used car to amendments to the Rule. The five disclose whether the vehicle is sold with a warranty period. The Commission assumes that most or ‘‘as is.’’ The Buyers Guide also warns consumers ‘‘curbstoners,’’ especially those who also sell at a 46 # not to rely on spoken promises and to seek permanent sales location, would sell more than five IA DOJ, 007, p. 2. 47 # independent inspections. Used car dealers must cars per year. NACAA, 009, p. 7. comply with the Used Car Rule if they sell more 44 49 U.S.C.A. 32709–11 (1994). 48 CO, #001, p. 11. than five used vehicles within a twelve month 45 Id. at 32709(d). 49 See 16 CFR 429.1, note 2. 54184 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations commenters representing sellers pressure tactics the Rule was meant to suggestions that sellers be allowed more recommended that the Commission prevent. In fact, however, this was not than ten days to make the required amend the Rule by: (1) Raising the $25 the Commission’s reason for adopting refund 63 or that they be allowed to minimum; 50 (2) allowing sellers more the $25 minimum. The Commission’s substitute ‘‘satisfaction guarantees’’ for than 10 days to make refunds; 51 (3) principal purpose in adopting the $25 the Rule’s right to cancel 64 or be requiring sellers to give buyers just a minimum was ‘‘to exclude sales by allowed to get buyers to waive their written, not both an oral and a written, milkmen, laundrymen and other route right to a cancellation period in order to notice of cancellation rights; 52 (4) salesmen’’ 61 (i.e., sales occurring get fast delivery.65 The Commission’s exempting sales of hearing aids at between the same seller and buyer on an decision to require a ten-day period for temporary business locations; 53 (5) ongoing basis). The commenter did not making refunds took into account the allowing sellers to substitute offer evidence that other low priced possibility of the seller being injured by ‘‘satisfaction’’ or ‘‘money back’’ items, sold door-to-door on a one-time having made a refund while, unknown guarantees in place of the Rule’s basis, would not be associated with to the seller, the buyer stops payment on cooling-off period; 54 and (6) allowing such high pressure sales tactics if they the check.66 The comments did not offer sellers and buyers to execute waivers of were exempted from the Rule. There is new evidence or arguments on these the Rule in instances in which the insufficient evidence justifying issues. Therefore, the Commission has buyers want delivery prior to three amendment of this provision. determined to take no action on the business days after the transactions.55 Another comment urged that the suggestions. The five commenters representing Commission delete the Rule provision Although some commenters buyers recommended amending the requiring sellers to give oral notice of recommended a longer cooling-off Rule to: (1) Allow buyers more than 3 the right to cancel. This comment period or expanding the Rule’s coverage business days to cancel covered sales asserted that the oral notice requirement to all telephone and mail order contracts; 56 (2) start the cooling-off could harm sellers because buyers might solicitations, or even to all solicitations, period from the date of delivery of falsely allege that no oral notice was they did not provide evidence that such goods or services instead of the date of given in order to acquire a longer changes would be necessary to correct 57 contract or prohibit delivery of goods cancellation period. In addition, the the problems that the Rule was issued or providing of services until after comment contended that the oral notice to address. The Cooling-Off Rule was 58 expiration of cooling-off period; (3) requirement is an unnecessary not intended to be a federal ‘‘satisfaction defer starting the cooling-off period duplication of the written notices. guarantee’’ requirement or ‘‘buyers’ until the seller has complied with all The notion that consumers can remorse’’ insurance program. When it 59 the Rule’s provisions; and (4) expand lengthen the cancellation period by issued the Rule in 1972, the the Rule’s coverage to include all denying that they received the oral Commission considered, but rejected, telephone and mail order consumer notice is incorrect. The cancellation such proposals.67 The Rule instead has sales transactions or all consumer sales period only runs for three business days the limited purpose of correcting the transactions, including those made at from the date of the transaction. Merely 60 specific problem of sales being obtained sellers’ regular places of business. requiring a written disclosure could through high pressure and deceptive 2. Analysis make it easier for those using high sales tactics used on consumers at times pressure sales pitches to keep buyers The comment suggesting that the and places in which consumers unaware of the three-day cancellation minimum dollar amount be raised to typically may not expect to be solicited period. Accordingly, the Commission is reflect the price inflation of goods and for sales and find it difficult to extricate retaining the requirement that sellers services since 1972 appears to be based themselves from the situation. Further, give both written and oral notice of the on the premise that the $25 minimum with respect to telephone solicitations, right to cancel. was adopted because the Commission in the Commission has addressed the issue The requested exemption for hearing 1972 thought low priced sales were not of abusive and fraudulent practices in a aids would be appropriate only if there associated with the kinds of high separate proceeding. On August 16, were reliable and persuasive evidence 1995, the Commission promulgated a showing that application of the Rule to 50 WMI, #010, p. 1. trade regulation rule governing 51 CO, #001, pp. 7–8; WMI, #010, pp. 1–2. such transactions is not necessary to telemarketing practices. This rule 52 CO, #001, p. 4–6. prevent the practices prohibited by the becomes effective on December 31, 53 IHS, #003, pp. 2–4. IHS requested that sales of Rule. Removing the protections of the 1995.68 Moreover, in mail order hearing aids at temporary business locations be Cooling-off Rule from sales of hearing solicitations consumers can, more easily exempted from the Rule. The exemption is justified, aids at temporary business locations than in door-to-door sales, avoid or contended IHS, because (1) hearing aids are medical 62 devices regulated by the United States Food and may adversely affect older consumers. ignore unwanted sales pitches. They can Drug Administration (‘‘FDA’’), (2) most states Two of the eleven enforcement actions simply not read or respond to the require hearing aid providers to be licensed, and (3) the Commission has brought alleging mailed sales literature. The Commission most hearing aid providers in this country offer 30- violations of the Rule concerned sales of day trial rental options. therefore continues to believe that the 54 DSA, #006, pp. 2–3. hearing aids to elderly people. There is present Rule provides ample protection 55 CO, #001, pp. 9–10. insufficient evidence to justify such an for buyers without placing undue 56 AARP, #002, pp. 3–4; NACAA, #009, p. 3. exemption. The Commission therefore burdens on sellers. 57 NACAA, #009, p. 2. at this time is not exempting sales of UAW–GM suggested that the Rule be 58 UAW–GM, #005, p. 1. hearing aids at temporary business amended to prohibit the delivery of 59 UAW–GM, #005, p. 2; NACAA, #009, p. 3. locations. 60 # IA DOJ, 007, pp. 2–4 (telephone solicitations); When the Commission issued the 63 37 FR 22935, 22952 (1972). LASOD, #008, pp. 1–2 (telephone and mail order Rule, it considered and rejected 64 Id. at 22947–48. solicitations and possibly all sales solicitations); 65 NACAA, #009, p. 3 (telephone, facsimile machine Id. at 22952–53. and computer modem solicitations). In addition, 61 37 FR 22935, 22945 (Oct. 26, 1972). 66 Id. at 22952. DSA, #006, p. 3, a representative of sellers, stated 62 IHS noted in its comment that older consumers 67 37 FR 22935, 22947 (Oct. 26, 1972). that it ‘‘does not oppose reasonable extension of the make up the major percentage of hearing aid 68 Telemarketing Sales Rule, 60 FR 43842 (Aug. Rule to telephone sales.’’ customers. 23, 1995). Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54185 goods or the providing of services until the Rule’s term ‘‘mail or deliver.’’ 72 The Part 429.0. Further, the Commission is expiration of the cooling-off period. The Commission agrees that facsimile amending the Rule to include the commenter stated that, in its experience, transmissions would suffice to meet the second Note, which concerns the effect once work has started or goods have Rule’s delivery component, provided of the Rule on state laws and municipal been delivered, buyers think they no the buyer can demonstrate what was ordinances, as another new section of longer have a right to cancel. No transmitted and when. A third comment the Rule entitled ‘‘Effect on State Laws evidence was submitted showing how urged the Commission to adopt the and Municipal Ordinances’’ and widespread such a misunderstanding presumption used in Ohio in designated 16 CFR Part 429.2. might be. The short, six-paragraph interpreting that state’s cooling-off The current Rule’s definition of the ‘‘Notice of Cancellation’’ required by the statute, which like the FTC’s Rule term ‘‘Door-to-Door Sale’’ states that the Rule to be given to every buyer covers sales made away from the seller’s term covers sales ‘‘made at a place other describes in detail what should be done regular place of business. According to than the place of business of the seller.’’ when a buyer cancels a sale after goods this presumption, when initial face-to- The Commission is amending this have been delivered. Accordingly, the face negotiations leading to a sale occur definition to add the following Commission has determined to take no outside the seller’s regular place of parenthetical explanation: ‘‘(e.g., sales at action on this suggestion. business, the sale is presumed to be the buyer’s residence or at facilities Another comment proposed that the covered by the statute, even if the buyer rented on a temporary or short-term cooling-off period continue until the later executes a final agreement at the basis, such as hotel or motel rooms, seller has complied with all the notice seller’s regular place of business.73 The convention centers, fairgrounds and provisions of the Rule. The Commission Rule’s definition of ‘‘Door-to-Door Sale’’ restaurants, or sales at the buyer’s specifically rejected a similar proposal specifies, however, that sales are workplace or in dormitory lounges).’’ when the Rule was issued because it covered only if the ‘‘buyer’s agreement Amending the Rule to include this determined that the incorporation of a or offer to purchase’’ is made away from parenthetical statement would remedial or punitive provision in the the seller’s regular place of business. incorporate into the Rule the Rule for prospective violators was not Therefore, the Rule already covers interpretations the Commission has necessary or appropriate.69 The instances in which a seller convinces a provided in various Federal Register Commission stated further that, buyer, away from the seller’s place of notices and other official publications. although an extension of the cooling-off business, to make a purchase and then The current Rule’s definition of the period could be an appropriate remedy merely memorializes the sale by having term ‘‘Business Day’’ has an out-of-date to include in an order against a seller the buyer sign the contract at the seller’s listing of the federal holidays. This list that had violated the Rule, the place of business. The Rule does not, omits Martin Luther King’s Birthday rulemaking record did not support however, cover instances in which and has George Washington’s Birthday including such a provision in the Rule initial negotiations or sales solicitations instead of Presidents’ Day. For the itself.70 No new evidence or arguments occur away from the seller’s place of reasons described previously, the have been submitted for why the business and the buyer’s agreement is Commission is amending this provision Commission should revisit this issue; obtained only after arriving at the of the Rule to update the list of federal therefore, the Commission has seller’s place of business.74 The holidays. determined to take no action on this Commission rejects the notion that the The current Rule does not refer to the proposal. Rule should cover such sales. These two exemptions the Commission has In addition to the proposals for Rule sales should be viewed as sales that take granted certain sellers of automobiles amendments discussed above, three place at the seller’s place of business. and of arts and crafts. The Commission commenters suggested that the therefore is also amending the Rule to Commission interpret the Rule in IV. Discussion of Non-Substantive add a third new section, to be entitled specific ways and revise the Rule to Amendments Being Adopted ‘‘Exemptions.’’ and designated as 16 reflect these interpretations. One The Commission has decided to adopt CFR Part 429.3, to contain the comment asked that the Commission certain non-substantive amendments to exemptions granted to the Rule. The specify in the Rule that the envelopes of the Rule. The following paragraphs Commission has determined to expand mailed cancellation notices must be discuss these amendments and the the exemption for automobiles to all postmarked on or before the third reasons for adopting them. motor vehicles. Thus, section 429.3 will business day after the date the contract The current Rule is entitled ‘‘Cooling- indicate that the exemption applies to is signed.71 The Commission rejects Off Period for Door-to-Door Sales.’’ The sellers of motor vehicles who have at incorporating this requirement in the Commission is amending 16 CFR Part least one permanent place of business. Rule. The Rule simply requires that 429 to rename the Rule as ‘‘Cooling-Off Section 429.1(b) of the current Rule cancellation notices be mailed or Period for Sales Made at Homes or at includes a sample of the required delivered to sellers by a certain date. Certain Other Locations’’ to clarify that ‘‘Notice of Cancellation’’ that is printed Not all mail, not even all first class mail, the Rule covers more than just at-home in all upper case boldface type. The is postmarked with a date. When exactly sales. Rule only specifies the type size (ten any notice was mailed or delivered is an The current Rule consists of just one point), the typeface (boldface), and the evidentiary question that may be section, 16 CFR 429.1, having nine language (the same as that used in the resolved by examining a number of paragraphs and two ‘‘Notes.’’ The contract) of the Notice.75 The Rule does relevant factors, including, but not Commission is amending the Rule to not specify any type style for the Notice limited to, a postmark. include the first of these Notes, which or whether its type must be all Another comment urged the contains the Rule’s six definitions, as a uppercase or not. The example of the Commission to accept transmission by new section of the Rule entitled Notice shown in 16 CFR Part 429 is, facsimile machines as coming within ‘‘Definitions.’’ and designated 16 CFR however, in all uppercase type and sellers may think that such a format is 69 Id. at 37 FR 22935, 22957 (Oct. 26, 1972). 72 NACAA, #001, p. 3. required or preferred by the 70 Id. 73 LASOD, #008, p. 2. 71 CO, #001, pp 2–3. 74 See 16 CFR 429.1, note 1(a)(1). 75 16 CFR 429.1(b). 54186 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
Commission. A combination of upper THREE BUSINESS DAYS from the above and the buyer’s agreement or offer to and lowercase type is generally regarded date. purchase is made at a place other than by experts as easier to read.76 The If you cancel, any property traded in, any the place of business of the seller (e.g., Commission, therefore, is revising the payments made by you under the contract or sales at the buyer’s residence or at sample notice so that it will instead sale, and any negotiable instrument executed by you will be returned within TEN facilities rented on a temporary or short- appear in a combination of upper and BUSINESS DAYS following receipt by the term basis, such as hotel or motel lower case boldface type, thereby seller of your cancellation notice, and any rooms, convention centers, fairgrounds making the sample notice more security interest arising out of the transaction and restaurants, or sales at the buyer’s readable. Sellers may, however, will be cancelled. workplace or in dormitory lounges). The continue to use stocks of ‘‘Notices of If you cancel, you must make available to term ‘‘door-to-door sale’’ does not Cancellation’’ printed with an all the seller at your residence, in substantially include a transaction: uppercase typeface. as good condition as when received, any (1) Made pursuant to prior The current Rule repeatedly uses goods delivered to you under this contract or negotiations in the course of a visit by sale, or you may, if you wish, comply with masculine pronouns when referring to the buyer to a retail business buyers. The Commission is amending the instructions of the seller regarding the return shipment of the goods at the seller’s establishment having a fixed permanent the Rule to change the pronouns ‘‘he,’’ expense and risk. location where the goods are exhibited ‘‘his,’’ and ‘‘him,’’ wherever they If you do make the goods available to the or the services are offered for sale on a appear, to gender neutral terms like ‘‘the seller and the seller does not pick them up continuing basis; or buyer’’ or ‘‘the buyer’s.’’ within 20 days of the date of your Notice of (2) In which the consumer is accorded List of Subjects in 16 CFR Part 429 Cancellation, you may retain or dispose of the right of rescission by the provisions the goods without any further obligation. If of the Consumer Credit Protection Act Door-to-door sales; Trade practices. you fail to make the goods available to the (15 U.S.C. 1635) or regulations issued seller, or if you agree to return the goods to Text of Amendments the seller and fail to do so, then you remain pursuant thereto; or For the reasons set forth in the liable for performance of all obligations (3) In which the buyer has initiated preamble, 16 CFR Part 429 is amended under the contract. the contact and the goods or services are to read as follows: To cancel this transaction, mail or deliver needed to meet a bona fide immediate 1. The heading of part 429 is revised a signed and dated copy of this Cancellation personal emergency of the buyer, and to read as follows: Notice or any other written notice, or send the buyer furnishes the seller with a a telegram, to [Name of seller], at [address of separate dated and signed personal PART 429ÐRULE CONCERNING seller’s place of business] NOT LATER statement in the buyer’s handwriting THAN MIDNIGHT OF [date]. COOLING-OFF PERIOD FOR SALES describing the situation requiring MADE AT HOMES OR AT CERTAIN I HEREBY CANCEL THIS TRANSACTION. (Date) llllllllllllllllll immediate remedy and expressly OTHER LOCATIONS (Buyer’s signature) llllllllllll acknowledging and waiving the right to 2. Further, the authority citation for * * * * * cancel the sale within 3 business days; part 429 is added to read as follows: (d) Include in any door-to-door or contract or receipt any confession of (4) Conducted and consummated Authority: Sections 1–23, FTC Act, 15 entirely by mail or telephone; and U.S.C. 41–58. judgment or any waiver of any of the rights to which the buyer is entitled without any other contact between the 3. Further, section 429.1 is amended under this section including specifically buyer and the seller or its representative by revising paragraphs (b), (d), (e) and the buyer’s right to cancel the sale in prior to delivery of the goods or (i) and by removing the authority accordance with the provisions of this performance of the services; or citation following the section to read as section. (5) In which the buyer has initiated follows: (e) Fail to inform each buyer orally, at the contact and specifically requested § 429.1 The Rule. the time the buyer signs the contract or the seller to visit the buyer’s home for purchases the goods or services, of the the purpose of repairing or performing * * * * * maintenance upon the buyer’s personal (b) Fail to furnish each buyer, at the buyer’s right to cancel. property. If, in the course of such a visit, time the buyer signs the door-to-door * * * * * the seller sells the buyer the right to sales contract or otherwise agrees to buy (i) Fail, within 10 business days of receive additional services or goods consumer goods or services from the receipt of the buyer’s notice of seller, a completed form in duplicate, cancellation, to notify the buyer other than replacement parts necessarily captioned either ‘‘NOTICE OF RIGHT whether the seller intends to repossess used in performing the maintenance or TO CANCEL’’ or ‘‘NOTICE OF or to abandon any shipped or delivered in making the repairs, the sale of those CANCELLATION,’’ which shall (where goods. additional goods or services would not applicable) contain in ten point bold 4. Further, part 429 is amended by fall within this exclusion; or face type the following information and redesignating note 1 to § 429.1 as § 429.0 (6) Pertaining to the sale or rental of statements in the same language, e.g., and revising it to read as follows: real property, to the sale of insurance, Spanish, as that used in the contract. or to the sale of securities or § 429.0 Definitions. commodities by a broker-dealer Notice of Cancellation For the purposes of this part the registered with the Securities and [enter date of transaction] following definitions shall apply: Exchange Commission. lllllllllllllllllllll (a) Door-to-Door Sale—A sale, lease, (b) Consumer Goods or Services— (Date) or rental of consumer goods or services Goods or services purchased, leased, or You may CANCEL this transaction, with a purchase price of $25 or more, rented primarily for personal, family, or without any Penalty or Obligation, within whether under single or multiple household purposes, including courses contracts, in which the seller or his of instruction or training regardless of 76 The University of Chicago, Chicago Manual of representative personally solicits the the purpose for which they are taken. Style: The Essential Guide for Writers, Editors, and Publishers. 14th Ed. University of Chicago Press, sale, including those in response to or (c) Seller—Any person, partnership, Chicago, Ill., 1993. following an invitation by the buyer, corporation, or association engaged in Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54187 the door-to-door sale of consumer goods 6. Further, part 429 is amended to add from contiguous countries. Section 1461 or services. a new § 429.3 to read as follows: also authorizes Customs officers to (d) Place of Business—The main or require that owners of baggage open it § 429.3 Exemptions. permanent branch office or local or furnish keys for doing so. address of a seller. (a) The requirements of this part do Section 1462 authorizes Customs to (e) Purchase Price—The total price not apply for sellers of automobiles, inspect the contents of all baggage and paid or to be paid for the consumer vans, trucks or other motor vehicles sold vehicles brought into the United States. goods or services, including all interest at auctions, tent sales or other Section 1462 also authorizes Customs to and service charges. temporary places of business, provided seize and forfeit the contents of such that the seller is a seller of vehicles with (f) Business Day—Any calendar day imported baggage or vehicle which is a permanent place of business. except Sunday or any federal holiday subject to duty or which constitutes a (b) The requirements of this part do (e.g., New Year’s Day, Presidents’ Day, prohibited importation. Section 1496 not apply for sellers of arts or crafts sold Martin Luther King’s Birthday, authorizes Customs to examine the at fairs or similar places. baggage of people arriving in the United Memorial Day, Independence Day, States. Section 1581(a) authorizes Labor Day, Columbus Day, Veterans’ By direction of the Commission. Customs to board vessels and vehicles Day, Thanksgiving Day, and Christmas Donald S. Clark, and to examine, inspect and search the Day.) Secretary. vessels or vehicles and everyone and 5. Further, part 429 is amended by [FR Doc. 95–25573 Filed 10–19–95; 8:45 am] everything thereon. Section 1582 redesignating note 2 to § 429.1 as § 429.2 BILLING CODE 6750±01±P authorizes the Secretary of the Treasury and revising it to read as follows: to write regulations concerning the § 429.2 Effect on State laws and municipal search of persons and baggage. It also ordinances. DEPARTMENT OF THE TREASURY authorizes officers or agents of the United States Government to detain and (a) The Commission is cognizant of Customs Service the significant burden imposed upon search, under such regulations, any persons coming into the United States door-to-door sellers by the various and 19 CFR Parts 123 and 148 often inconsistent State laws that from foreign countries. The statutes cited above grant provide the buyer the right to cancel a [T.D. 95±86] Customs broad authority to inspect, door-to-door sales transaction. However, RIN 1515±AB56 search and seize baggage and vehicles it does not believe that this constitutes Examination of Baggage coming into the United States. Sections sufficient justification for preempting all 123.63 and 148.21, Customs Regulations of the provisions of such laws and the AGENCY: Customs Service, Department (19 CFR 123.63 and 148.21) discuss ordinances of the political subdivisions of the Treasury. Customs authority regarding of the various States. The rulemaking ACTION: Final rule. examination of baggage and vehicles. record in this proceeding supports the Customs proposed to revise these view that the joint and coordinated SUMMARY: This document amends the regulations in a Notice of Proposed efforts of both the Commission and State Customs Regulations in order to reflect Rulemaking published in the Federal and local officials are required to insure Customs statutory authority to open and Register (59 FR 56014) on November 10, that consumers who have purchased examine baggage and vehicles without 1994, to more accurately reflect the fact from a door-to-door seller something the permission of the owners of the that Customs has the statutory authority they do not want, do not need, or cannot baggage and vehicles. These to open and examine baggage, vehicles, afford, be accorded a unilateral right to amendments make the pertinent and compartments thereof without the rescind, without penalty, their Customs regulations consistent with permission of the owners. Of course, in agreements to purchase those goods or Customs statutory authority to inspect many instances, Customs will first ask services. and search baggage and vehicles coming the owner or operator to unlock the (b) This part will not be construed to into the United States. vehicle, compartment, or baggage. annul, or exempt any seller from EFFECTIVE DATE: November 20, 1995. complying with, the laws of any State or Analysis of Comments FOR FURTHER INFORMATION CONTACT: the ordinances of a political subdivision The Notice of Proposed Rulemaking Lars-Erik Hjelm, Office of the Chief thereof that regulate door-to-door sales, invited the public to comment on the Counsel, U.S. Customs Service, 202– except to the extent that such laws or proposed changes to the Customs 927–6900. ordinances, if they permit door-to-door Regulations. Two comments were selling, are directly inconsistent with SUPPLEMENTARY INFORMATION: received. the provisions of this part. Such laws or One comment was a suggestion to Background ordinances which do not accord the provide in the regulations that a buyer, with respect to the particular Several statutory provisions give the Customs inspector may hire an outside transaction, a right to cancel a door-to- U.S. Customs Service the authority to contractor, such as a locksmith, to open door sale that is substantially the same open and examine baggage. The primary or unlock baggage. This suggestion is or greater than that provided in this provisions are sections 482, 1461, 1462, beyond the scope of this rulemaking and part, which permit the imposition of 1496, 1581, and 1582 of Title 19, United may be addressed internally by any fee or penalty on the buyer for the States Code (19 U.S.C. 482, 1461, 1462, Customs. exercise of such right, or which do not 1496, 1581, and 1582). Section 482 The other commenter suggested that provide for giving the buyer a notice of authorizes Customs to search vehicles Customs require its officers to assist the the right to cancel the transaction in and persons and to seize undeclared traveler in repacking his baggage when substantially the same form and manner merchandise or merchandise imported nothing contrary to the law is found provided for in this part, are among contrary to law. Section 1461 authorizes during a baggage examination. Customs those which will be considered directly Customs to inspect all merchandise and believes that such a requirement is inconsistent. baggage brought into the United States legally unnecessary. Furthermore, 54188 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations helping the passenger repack might Authority: 19 U.S.C. 66, 1202 (General Section 148.21 also issued under 19 U.S.C. unduly burden inspectors, who have to Note 20, Harmonized Tariff Schedule of the 1461, 1462. process many passengers, frequently in United States), 1624. * * * * * short periods of time. * * * * * 2. Section 148.21 is revised to read as Section 123.63 also issued under 19 U.S.C. follows: Conclusion 1461, 1462. * * * * * § 148.21 Opening of baggage, After further review of the proposal compartments, or vehicles. and careful consideration of the 2. Section 123.63 is revised to read as A Customs officer has the right to comments received, we have decided to follows: open and examine all baggage, adopt the proposed regulatory changes. § 123.63 Examination of baggage from compartments and vehicles brought into Regulatory Flexibility Act and Canada or Mexico. the United States under Sections 461, Executive Order 12866 462, 496 and 582, Tariff Act of 1930, as (a) Opening vehicle or compartment amended (19 U.S.C. 1461, 1462, 1496, Based upon the supplementary to examine baggage. Customs officers and 1582) and 19 U.S.C. 482. To the information set forth above and because are authorized to unlock, open, and extent practical, the owner or his agent the opening and examination of baggage examine vehicles and compartments shall be asked to open the baggage, and merchandise is mandated by the thereof for the purposes of examining compartment or vehicle first. If the statutes cited above, pursuant to the baggage under sections 461, 462, 496, owner or his agent is unavailable or provisions of the Regulatory Flexibility 581(a) and 582, Tariff Act of 1930, as refuses to open the baggage, Act (5 U.S.C. 601 et seq.), it is certified amended (19 U.S.C. 1461, 1462, 1496, compartment, or vehicle, it shall be that the amendments will not have a 1581(a), and 1582) and 19 U.S.C. 482. opened by the Customs officer. If any significant economic impact on a However, to the extent practical, the article subject to duty, or any prohibited substantial number of small entities. Customs officer should ask the owner or article is found upon opening by the Accordingly, the amendments are not operator to unlock such vehicle or Customs officer, the whole contents and subject to the regulatory analysis or compartment first. Where the owner or the baggage or vehicle shall be subject other requirements of 5 U.S.C. 603 or operator is unavailable or refuses to to forfeiture, pursuant to 19 U.S.C. 1462. unlock the vehicle or compartment or 604. This document does not meet the George J. Weise, criteria for a ‘‘significant regulatory where it is not practical to ask the Commissioner of Customs. action’’ as specified in Executive Order owner or operator to unlock the same, 12866. it shall be opened by the Customs Approved: September 6, 1995. officer. If any article is subject to duty, Dennis M. O’Connell, Drafting Information or any prohibited article is found upon Acting Deputy Assistant Secretary of the The principal author of this document opening by the Customs officer, the Treasury. was Janet L. Johnson, Regulations whole contents and the vehicle shall be [FR Doc. 95–25997 Filed 10–19–95; 8:45 am] Branch. However, personnel from other subject to forfeiture pursuant to 19 BILLING CODE 4820±02±P offices participated in its development. U.S.C. 1462. List of Subjects (b) Inspection of baggage. A Customs officer has the right to inspect all DEPARTMENT OF HEALTH AND 19 CFR Part 123 merchandise and baggage brought into HUMAN SERVICES the United States from contiguous Canada, Customs duties and countries under 19 U.S.C. 1461. He also Food and Drug Administration inspection, Freight, International has the right, under the same statute, to 21 CFR Part 177 boundaries, Mexico, Motor carriers, require that owners of such baggage Railroads, Reporting and recordkeeping open it or furnish keys for doing so. [Docket No. 92F±0493] requirements, Vessels. Where the owner or agent is unavailable 19 CFR Part 148 or refuses to open the baggage or furnish Indirect Food Additives: Polymers keys or where it is not practical to ask Airmen, Customs duties and AGENCY: Food and Drug Administration, the owner or agent to open or furnish HHS. inspection, Foreign officials, keys to the same, it shall be opened by ACTION: Government employees, International the Customs officer. If any article is Final rule. organizations, Reporting and subject to duty, or any prohibited article SUMMARY: The Food and Drug recordkeeping requirements, Vessels. is found upon opening by the Customs Administration (FDA) is amending the Amendments to the Customs officer, the baggage shall be subject to food additive regulations to provide for Regulations forfeiture pursuant to 19 U.S.C. 1462. the safe use of ethylene-maleic anhydride copolymers containing no PART 148ÐPERSONAL For the reasons set forth in the more than 2 percent by weight of DECLARATIONS AND EXEMPTIONS preamble, parts 123 and 148 of the polymer units derived from maleic Customs Regulations (19 CFR parts 123 anhydride in contact with food at 1. The general authority citation for and 148) are amended as set forth temperatures not to exceed 49 °C (120 part 148 is revised to read as set forth below. °F). This action is in response to a below, and the specific authority for petition filed by Showa Denko K. K. PART 123ÐCUSTOMS RELATIONS § 148.21 will continue to read as WITH CANADA AND MEXICO follows: DATES: Effective October 20, 1995; written objections and requests for a Authority: 19 U.S.C. 66, 1496, 1624. The hearing by November 20, 1995. 1. The general authority citation for provisions of this part, except for subpart C, part 123 and the specific authority are also issued under 19 U.S.C. 1202 (General ADDRESSES: Submit written objections to citation for § 123.63 continue to read as Note 20, Harmonized Tariff Schedule of the the Dockets Management Branch (HFA– follows: United States). 305), Food and Drug Administration, Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54189 rm. 1–23, 12420 Parklawn Dr., In accordance with § 171.1(h) (21 CFR support of the objection in the event Rockville, MD 20857. 171.1(h)), the petition and the that a hearing is held. Failure to include documents that FDA considered and such a description and analysis for any FOR FURTHER INFORMATION CONTACT: relied upon in reaching its decision to particular objection shall constitute a Edward J. Machuga, Center for Food approve the petition are available for waiver of the right to a hearing on the Safety and Applied Nutrition (HFS– inspection at the Center for Food Safety objection. Three copies of all documents 216), Food and Drug Administration, and Applied Nutrition by appointment shall be submitted and shall be 200 C St. SW., Washington, DC 20204, with the information contact person identified with the docket number 202–418–3085. listed above. As provided in 21 CFR found in brackets in the heading of this SUPPLEMENTARY INFORMATION: In a notice 171.1(h), the agency will delete from the document. Any objections received in published in the Federal Register of documents any materials that are not response to the regulation may be seen February 12, 1993 (58 FR 8290), FDA available for public disclosure before in the Dockets Management Branch announced that a food additive petition making the documents available for between 9 a.m. and 4 p.m., Monday (FAP 3B4351) had been filed by Showa inspection. through Friday. The agency has carefully considered Denko K. K., Tokyo, Japan, c/o Center List of Subjects in 21 CFR Part 177 for Regulatory Services, 2347 Paddock the potential environmental effects of Lane, Reston, VA 22091. The petition this action. FDA has concluded that the Food additives, Food packaging. proposed to amend the food additive action will not have a significant impact Therefore, under the Federal Food, regulations in 21 CFR part 177 Indirect on the human environment, and that an Drug, and Cosmetic Act and under Food Additives: Polymers by adding a environmental impact statement is not authority delegated to the Commissioner new section to provide for the safe use required. The agency’s finding of no of Food and Drugs and redelegated to of ethylene-maleic anhydride significant impact and the evidence the Director, Center for Food Safety and copolymers containing no more than 2 supporting that finding, contained in an Applied Nutrition, 21 CFR part 177 is percent by weight of polymer units environmental assessment, may be seen amended as follows: in the Dockets Management Branch derived from maleic anhydride in (address above) between 9 a.m. and 4 PART 177ÐINDIRECT FOOD contact with food at temperatures not to ° ° p.m., Monday through Friday. ADDITIVES: POLYMERS exceed 49 C (120 F). However, Any person who will be adversely subsequent to the publication of the affected by this regulation may at any 1. The authority citation for 21 CFR filing notice, the agency decided, with time on or before November 20, 1995 part 177 continues to read as follows: concurrence of the petitioner, that the file with the Dockets Management Authority: Secs. 201, 402, 409, 721 of the subject additive would be more Branch (address above) written Federal Food, Drug, and Cosmetic Act (21 appropriately regulated in § 177.1520 objections thereto. Each objection shall U.S.C. 321, 342, 348, 379e). Olefin polymers (21 CFR 177.1520). be separately numbered, and each 2. Section 177.1520 is amended by Therefore, this final rule is amending numbered objection shall specify with adding a new paragraph (a)(6) and in the § 177.1520 to provide for the safe use of particularity the provisions of the table in paragraph (c) by adding a new ethylene-maleic anhydride copolymers regulation to which objection is made item ‘‘6’’ to read as follows: containing no more than 2 percent by and the grounds for the objection. Each weight of polymer units derived from numbered objection on which a hearing § 177.1520 Olefin polymers. maleic anhydride in contact with food * * * * * ° is requested shall specifically so state. at temperatures not to exceed 49 C (120 Failure to request a hearing for any (a) * * * ° F). particular objection shall constitute a (6) Ethylene-maleic anhydride FDA has evaluated data in the waiver of the right to a hearing on that copolymers (CAS Reg. No. 9006–26–2) petition and other relevant material. The objection. Each numbered objection for containing no more than 2 percent by agency concludes that the proposed use which a hearing is requested shall weight of copolymer units derived from of the food additive is safe and that the include a detailed description and maleic anhydride. regulations in § 177.1520 should be analysis of the specific factual * * * * * amended as set forth below. information intended to be presented in (c) * * *
Melting point Maximum extractable frac- (MP) or soften- tion (expressed as percent Maximum soluble fraction Olefin polymers Density ing point (SP) by weight of polymer) in N- (expressed as percent by (Degrees Centi- hexane at specified tem- weight of polymer) in xylene grade) peratures at specified temperatures
******* 6. Ethylene-maleic anhydride copolymers 0.92±0.94 ...... 1.36 pct at 50 °C...... 2.28 pct at 25 °C. described in paragraph (a)(6) of this sec- tion for use as the adhesive component in multilaminate structures, or as the sealant layer in flexible packaging, in contact with food at temperatures not ex- ceeding 49 °C (120 °F). 54190 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
* * * * * II. Standards for GRAS Affirmation B. Technical Effect Dated: October 4, 1995. Under § 170.30 (21 CFR 170.30), The progressive breakdown of milk Fred R. Shank, general recognition of safety may be proteins to peptides and amino acids Director, Center for Food Safety and Applied based only on the views of experts during the ripening of cheese leads to Nutrition. qualified by scientific training and the development of typical cheese [FR Doc. 95–25973 Filed 10–19–95; 8:45 am] experience to evaluate the safety of texture and flavors. This process is BILLING CODE 4160±01±F substances added to food. The basis of catalyzed by aminopeptidase and other such views may be either: (1) Scientific peptidases produced by the bacteria procedures, or (2) in the case of a added to milk as starter cultures (Refs. 21 CFR Part 184 substance used in food prior to January 3 through 6). Also, these enzymes may be extracted from bacterial cultures and 1, 1958, experience based on common [Docket No. 87G±0406] used in improving flavor and use in food (§ 170.30(a)). General eliminating the bitterness of protein recognition of safety based upon Direct Food Substances Affirmed as hydrolysates (Ref. 7), which are used in scientific procedures requires the same Generally Recognized as Safe; many foods for a variety of functions, quantity and quality of scientific Aminopeptidase Enzyme Preparation including as formulation aids, leavening evidence as is required to obtain Derived From Lactococcus Lactis agents, stabilizers, thickening agents, approval of a food additive regulation nutrient supplements, protein sources, AGENCY: Food and Drug Administration, and ordinarily is to be based upon flavorings, and flavor enhancers. The HHS. published studies, which may be petitioner intends to use the ACTION corroborated by unpublished studies : Final rule. aminopeptidase enzyme preparation to and other data and information SUMMARY: The Food and Drug accelerate flavor development during (§ 170.30(b)). In its petition, Imperial cheddar cheese ripening and to improve Administration (FDA) is amending its Biotechnology, Ltd., relies on scientific regulations to affirm that the use of an the flavor of protein hydrolysates used procedures, primarily published in various foods. aminopeptidase enzyme preparation scientific papers and books, derived from Lactococcus lactis The petitioner has presented corroborated by unpublished published information demonstrating (formerly known as Streptococcus information, to demonstrate the safety of lactis) in the manufacturing of cheddar that peptidase enzymes from L. lactis aminopeptidase enzyme preparation perform their intended technical effect cheese and in the preparation of protein produced from L. lactis for use in the hydrolysates is generally recognized as in cheese manufacturing (Ref. 8). manufacturing of cheddar cheese and in Furthermore, the petitioner provided a safe (GRAS). This action is in response the preparation of protein hydrolysates. to a petition filed by Imperial European patent office publication Biotechnology, Ltd. III. Identity, Technical Effect, and containing an approved patent application that demonstrates that the DATES: Production Effective October 20, 1995. The aminopeptidase enzyme preparation Director of the Office of the Federal A. Identity performs its intended technical effect in Register approves the incorporation by the manufacture of protein hydrolysates reference in accordance with 5 U.S.C. Aminopeptidase enzyme preparation (Ref. 7). The petitioner also presented 552(a) and 1 CFR part 51 of a is a mixture of intracellular peptidases unpublished, corroborative studies publication listed in new § 184.1985, derived from the bacterium L. lactis. demonstrating that the aminopeptidase effective October 20, 1995. Peptidases are enzymes that cleave enzyme preparation performs its FOR FURTHER INFORMATION CONTACT: peptide bonds to liberate free amino intended technical effects in the Aydin O¨ rstan, Center for Food Safety acids or dipeptides (Ref. 1). The natural manufacture of cheddar cheese and and Applied Nutrition (HFS–217), Food occurrence of peptidases in the cellular protein hydrolysates. and Drug Administration, 200 C St. SW., extracts of L. lactis and in extracts of Washington, DC 20204, 202–418–3076. cheese made with this organism is C. Production and Purification SUPPLEMENTARY INFORMATION: documented in the scientific literature The production process for (Ref. 2). aminopeptidase enzyme preparation, I. Background For simplicity, the trivial name described in detail in GRASP 8G0335, In accordance with the procedures aminopeptidase is used to describe the may be summarized as follows: L. lactis, described in 21 CFR 170.35, Imperial enzyme preparation. The Chemical started from a pure culture, is Biotechnology, Ltd., Imperial College Abstracts Service (CAS) Registry aseptically grown at 30 °C in stainless Rd., South Kensington, London, SW7 Number for aminopeptidase is 9031–94– steel fermenters in a medium containing 2BT, United Kingdom, submitted a 1. The Enzyme Commission (EC) lactose, casein hydrolysate, yeast petition (GRASP 8G0335) proposing that numbers of the enzymes present in extract, ascorbic acid, disodium aminopeptidase from L. lactis be aminopeptidase enzyme preparation are hydrogen phosphate, magnesium affirmed as GRAS as a direct human as follows: aminopeptidase, EC 3.4.11.1; sulfate, and polypropylene glycol P– food ingredient. tripeptide aminopeptidase, EC 3.4.11.4; 2,000 as a defoaming agent. Samples of FDA published a notice of filing of dipeptidase, EC 3.4.13.11; proline the medium are removed aseptically at this petition in the Federal Register of dipeptidase, EC 3.4.13.9; various stages of fermentation and February 23, 1988 (53 FR 5319), and dipeptidylpeptide hydrolases (EC examined microscopically for typical gave interested parties an opportunity to 3.4.14.1–3) (Ref. 1). The agency finds morphology of the production organism submit comments to the Dockets that the petitioned preparation meets and for the presence of contaminating Management Branch (HFA–305), Food the requirements for enzyme organisms. During fermentation, the pH and Drug Administration, rm. 1–23, preparations found in the Food of the culture is maintained within a 12420 Parklawn Dr., Rockville, MD Chemicals Codex, 3d ed. (1981), which range of 6.4–6.6 with sodium hydroxide. 20857. FDA received no comments in is incorporated by reference in new Once the maximum cell density of the response to that notice. § 184.1985. production organism, as measured by Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54191 optical density, has been reached, the manufacture of these foods. S. lactis has enzyme component of the fermentation is terminated by cooling been used to manufacture cheese, aminopeptidase preparation does not the contents of the fermenter down to 5– buttermilk, and other fermented foods raise safety concerns; therefore, the 10 °C. The bacterial cells are collected for decades (Ref. 15). Lactic acid relevant safety issue becomes whether by centrifugation, resuspended in bacteria are the subject of a prior the enzyme preparations contain toxic phosphate buffer, and the intracellular sanction by the United States contaminants. Enzyme preparations enzymes are released by physical Department of Agriculture (Ref. 16) and used in food processing are usually not disruption. The fraction containing are listed as approved substances for use chemically pure but contain, in addition aminopeptidase and other enzymes is in several meat products in 9 CFR 318.7. to the enzyme component, materials separated from unwanted material by The information in the petition that derive from the enzyme source, as ultrafiltration or diafiltration. The indicates that viable cells of the well as from the manufacturing methods enzyme fraction is dried, mixed, and producing organism L. lactis may used to generate the finished enzyme packaged. remain in the final product. The agency preparation. concludes that the presence of the In accordance with § 170.30(h)(1), the IV. Safety Evaluation viable cells of L. lactis in enzyme preparations affirmed as GRAS In evaluating the safety of aminopeptidase enzyme preparation is in this document must comply with the aminopeptidase enzyme preparation as not a safety concern, however, because: general requirements and additional a food ingredient, the agency considered (1) The published information requirements for enzyme preparations the following issues: (1) The safety of summarized above demonstrates the in the Food Chemicals Codex, 3d ed., the producing organism; (2) the safety of widespread food uses of this organism pp. 107–110. These include the the enzyme component; and (3) without any safety concerns; and (2) requirement that aminopeptidase exposure levels of the enzyme ‘‘Bergey’s Manual of Systematic enzyme preparation from L. lactis be preparation in food. Bacteriology,’’ which describes the produced by methods and under culture A. The Producing Organism pathogenicity of Streptococcus species, conditions that ensure a controlled contains no reference to pathogenicity fermentation, thus preventing the The producing organism L. lactis was of S. lactis (Ref. 17). introduction of bacterial cells that could formerly named S. lactis. However, be the source of toxic materials and B. The Enzyme Component and genetic studies have demonstrated that other undesirable substances. Moreover, Processing Aids this organism and several of its relatives any compounds that become or are are not as closely related to the other Published data demonstrate that intended to become functional streptococci as was once thought, and aminopeptidase and other peptidases components of aminopeptidase enzyme the new information prompted their are naturally present in cheese prepared preparation, such as water, salts, transfer to the newly created genus using S. lactis as a starter culture. In a preservatives, or stabilizers, must be Lactococcus in 1985 (Ref. 9). Thus, in study using a modified electrophoretic either GRAS ingredients or food the older literature and various Federal starch gel technique on cheddar cheese, additives approved as safe for this regulations L. lactis is referred to as S. researchers detected aminopeptidase purpose. Therefore, the agency lactis. activity in fractions of the cheese concludes that the presence of added L. lactis and its related organisms extracts (Ref. 2). substances and impurities derived from belong to a group of bacteria commonly The petitioner also provided the enzyme source or introduced by known as the ‘‘lactic acid bacteria’’ (Ref. unpublished animal feeding studies as manufacturing does not present a basis 10). All of the cheese standards FDA corroborative evidence of the safety of for concern about the safety of the lists in part 133 (21 CFR part 133) the aminopeptidase enzyme enzyme preparation. provide for the use of lactic acid preparation. During a dietary range- Additionally, the petitioner presented bacteria in the manufacture of cheese finding study, rats were fed up to 2,000 results of tests showing that (for example, § 133.113 Cheddar milligrams (mg) aminopeptidase aminopeptidase enzyme preparation cheese). Published information enzyme preparation per kilogram (kg) derived from the strain of L. lactis used demonstrates that L. lactis and several of body weight (bw) per day (d) for 28 by the petitioner contains no detectable its subspecies are commonly used in days. There were no reported deaths, antibiotics that might promote the cheese manufacturing (Refs. 2, 3, 4, 10, clinical signs or group differences in development of antibiotic resistance. 11, and 12). The Catalogue of Strains of liver and kidney weights that could be C. Estimated Exposure Levels the National Collection of Food Bacteria ascribed to treatment. Also, weight gains in the United Kingdom lists several and food intake for all treatment groups For exposure estimates, the agency strains of L. lactis as cheese starter were similar to those for controls. has considered the proposed uses of cultures (Ref. 13), and the Catalogue of During a second study, rats were fed aminopeptidase enzyme preparation in Bacteria of the American Type Culture aminopeptidase enzyme preparation for the manufacturing of cheddar cheese Collection cites various food uses for the 13 weeks at doses up to 2,000 mg/kg and in the preparation of protein same organism (Ref. 14). bw/d. There were no deaths and no hydrolysates. Estimates of enzyme use Furthermore, certain strains of S. treatment-related clinical signs. Weight level and intake are usually based on lactis are used to prepare two gains and food intake for all treatment the total organic solids (TOS) content of substances that FDA has affirmed as groups were similar to those for the enzyme preparation. The petitioner GRAS, nisin (21 CFR 184.1538) and controls. There were no macroscopic, provided data indicating that the starter distillate (21 CFR 184.1848). pathologic, or histopathologic changes average TOS content of aminopeptidase Additionally, the standards of identity that could be ascribed to treatment with enzyme preparation is 85 percent by for acidified sour cream (21 CFR aminopeptidase enzyme preparation. weight. Based on information on 131.162); sour half-and-half (21 CFR Statistical analyses of organ weights consumption of cheese and processed 131.185); acidified sour half-and-half showed no dose-related differences foods containing protein hydrolysates (21 CFR 131.187); and bread, rolls, and between treated and control groups. and on the amount of aminopeptidase buns (21 CFR 136.110) provide for the The agency concludes from the enzyme preparation needed to produce use of lactic acid bacteria in the evidence summarized above that the foods under conditions of current good 54192 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations manufacturing practice (CGMP), the aminopeptidase enzyme preparation between 9 a.m. and 4 p.m., Monday estimated daily intake (EDI) of from L. lactis in the manufacturing of through Friday. aminopeptidase enzyme preparation, cheddar cheese and preparation of 1. ‘‘Enzyme Nomenclature 1978,’’ pp. 300– expressed as TOS, is 33 mg/person/d at protein hydrolysates under Executive 309, Academic Press, NY, 1979. the 90th percentile level of consumption Order 12866 (Pub. L. 96–354). Executive 2. Cliffe, A. J., and B. A. Law, ‘‘An of these products. As discussed above, Order 12866 directs agencies to assess Electrophoretic Study of Peptidases in Starter aminopeptidase and other peptidases Streptococci and in Cheddar Cheese,’’ all costs and benefits of available Journal of Applied Bacteriology, 47:65–73, are naturally present in cheese made by regulatory alternatives and, when 1979. using S. lactis as a starter culture (Ref. regulation is necessary, to select 3. Perry, K. D., ‘‘A Comparison of the 2). The EDI at the 90th percentile level regulatory approaches that maximize Influence of Streptococcus lactis and Str. of consumption of aminopeptidase and net benefits (including potential cremoris Starters on the Flavour of Cheddar other peptidases naturally present in economic, environmental, public health, Cheese,’’ Journal of Dairy Research, 28:221– cheese prepared with L. lactis as the and safety effects; distributive impacts; 229, 1961. starter culture expressed as TOS is 77 and equity). The agency believes that 4. Dawson, D. J., and J. T. Feagan, mg/person/d, which exceeds the EDI this final rule is consistent with the ‘‘Bacteriology of Cheddar Cheese,’’ Journal of calculated above for added Dairy Research, 24:210–224, 1957. regulatory philosophy and principles 5. Law, B. A., M. E. Sharpe, and B. Reiter, aminopeptidase enzyme preparation. identified in the Executive Order. In ‘‘The Release of Intracellular Dipeptidase Moreover, the data obtained in the addition, the final rule is not a from Starter Streptococci During Cheddar corroborative unpublished 13-week rat significant regulatory action as defined Cheese Ripening,’’ Journal of Dairy Research, feeding study showed no adverse effects by the Executive Order and so is not 41:137–146, 1974. at the highest dose of 2,000 mg subject to review under the Executive 6. Reiter, B., Y. Sorokin, A. Pickering, and aminopeptidase enzyme preparation/kg Order. A. J. Hall, ‘‘Hydrolysis of Fat and Protein in bw/d. Correction of this value for TOS The Regulatory Flexibility Act Small Cheeses Made Under Aseptic Conditions,’’ Journal of Dairy Research, and application of a 1,000-fold safety requires agencies to analyze regulatory factor produces, for a 60 kg person, an 36:65–76, 1969. options that would minimize any 7. Parker, D. M., and D. Pawlett, ‘‘Flavour acceptable daily intake (ADI) of 102 mg significant impact of a rule on small Control of Protein Hydrolysates,’’ European TOS of aminopeptidase enzyme entities. Because no current activity is Patent Office Publication No. 0 223 560, preparation/person/d, which exceeds prohibited by this final rule, the Bulletin 87/22, May 5, 1987. the EDI reported above (33 mg TOS/ compliance cost to firms is zero. Since 8. Law, B. A., and A. S. Wigmore, person/d). no increase in the health risks faced by ‘‘Accelerated Ripening of Cheddar Cheese with a Commercial Proteinase and V. Conclusion consumers will result from this final rule, total costs are also zero. Potential Intracellular Enzymes from Starter FDA has evaluated the published Streptococci,’’ Journal of Dairy Research, benefits include the wider use of this information in the petition, along with 50:519–525, 1983. substance to achieve its intended other corroborative information, and 9. Schleifer, K. H., J. Kraus, C. Dvorak, R. technical effects, and any resources finds that the use of aminopeptidase Kilpper-Ba¨lz, M. D. Collins, and W. Fischer, saved by eliminating the need to ‘‘Transfer of Streptococcus Lactis and Related enzyme preparation from L. lactis in the prepare further petitions to affirm the Streptococci to the Genus Lactococcus gen. manufacturing of cheddar cheese and GRAS status of this substance. nov.,’’ Systematic Applied Microbiology, preparation of protein hydrolysates is Affirming that the use of 6:183–195, 1985. GRAS. aminopeptidase enzyme preparation 10. Jay, J. M., ‘‘Modern Food Furthermore, these data show no from L. lactis in the manufacturing of Microbiology,’’ 2d ed., pp. 255 and 265–266, potential risk from any foreseeable use D. Van Nostrand, NY, 1978. cheddar cheese and preparation of of the aminopeptidase enzyme 11. Potter, N. N., ‘‘Food Science,’’ 4th ed., protein hydrolysates under conditions preparation. Therefore, in accordance pp. 374–376, Van Nostrand Reinhold, NY, of CGMP is GRAS will expand product with 21 CFR 184.1(b)(1), the agency is 1986. formulation possibilities for food affirming that the use of aminopeptidase 12. Reiter, B., T. F. Fryer, A. Pickering, H. manufacturers, including small entities. R. Chapman, R. C. Lawrence, and M. E. enzyme preparation from L. lactis is Therefore, under the Regulatory Sharpe, ‘‘The Effect of the Microbial Flora on GRAS with no limits on its conditions Flexibility Act, FDA has also the Flavour and Free Fatty Acid Composition of use other than CGMP. determined that this rule will have a of Cheddar Cheese,’’ Journal of Dairy VI. Environmental Impact positive impact on small entities. Research, 34:257–272, 1967. 13. National Collection of Food Bacteria, The agency has carefully considered VIII. Effective Date Catalog of Strains, 3d ed., Reading, United the potential environmental effects of Kingdom, pp. 116–126, 1986. this action. FDA has concluded that the As this rule recognizes an exemption 14. American Type Culture Collection, action will not have a significant impact from the food additive definition in the Catalogue of Bacteria and Phages, 8th ed., on the human environment, and that an Federal Food, Drug, and Cosmetic Act, Rockville, MD, pp. 176–177, 1992. environmental impact statement is not and from the approval requirements 15. Frazier, W. C., ‘‘Food Microbiology,’’ applicable to food additives, no delay in pp. 49 and 215, McGraw-Hill, NY, 1958. required. The agency’s finding of no 16. Food Drug Cosmetic Law Journal, pp. significant impact and the evidence effective date is required by the Administrative Procedure Act, 5 U.S.C. 834–840, December, 1958. supporting that finding, contained in an 17. ‘‘Bergey’s Manual of Systematic environmental assessment, may be seen 553(d). The rule will therefore be Bacteriology,’’ vol. 2, edited by P. H. A. in the Dockets Management Branch effective immediately (5 U.S.C. Sneath, pp. 1002 and 1065–1066, Williams (address above) between 9 a.m. and 4 553(d)(1)). and Wilkins, Baltimore, 1986. p.m., Monday through Friday. IX. References List of Subjects in 21 CFR Part 184 VII. Analysis of Impacts The following references have been Food ingredients, Incorporation by FDA has examined the economic placed on display in the Dockets reference. implications of this final rule affirming Management Branch (address above) Therefore, under the Federal Food, the GRAS status of the use of and may be seen by interested persons Drug, and Cosmetic Act and under Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54193 authority delegated to the Commissioner Dated: September 29, 1995. Agriculture Division, Animal Health of Food and Drug and redelegated to the Fred R. Shank, Products,’’ and by alphabetically adding Director, Center for Food Safety and Director, Center for Food Safety and Applied a new entry for ‘‘Bayer Corp., Applied Nutrition, 21 CFR part 184 is Nutrition. Agriculture Division, Animal Health,’’ amended as follows: [FR Doc. 95–26054 Filed 10–19–95; 8:45 am] and in the table in paragraph (c)(2) in BILLING CODE 4160±01±F the entry for ‘‘000859’’ by removing the PART 184ÐDIRECT FOOD sponsor name ‘‘Miles, Inc., Agriculture SUBSTANCES AFFIRMED AS Division, Animal Health Products’’ and GENERALLY RECOGNIZED AS SAFE 21 CFR Part 510 adding in its place ‘‘Bayer Corp., Agriculture Division, Animal Health.’’ 1. The authority citation for 21 CFR New Animal Drugs; Change of Sponsor Dated: October 5, 1995. part 184 continues to read as follows: Name Authority: Secs. 201, 402, 409, 701 of the Robert C. Livingston, Federal Food, Drug, and Cosmetic Act (21 AGENCY: Food and Drug Administration, Director, Office of New Animal Drug U.S.C. 321, 342, 348, 371). HHS. Evaluation, Center for Veterinary Medicine. ACTION: Final rule. [FR Doc. 95–25958 Filed 10–19–95; 8:45 am] 2. New § 184.1985 is added to read as BILLING CODE 4160±01±F follows: SUMMARY: The Food and Drug § 184.1985 Aminopeptidase enzyme Administration (FDA) is amending the preparation derived from lactococcus lactis. animal drug regulations to reflect a 21 CFR Part 558 change of sponsor name from Miles, (a) Aminopeptidase enzyme Inc., Agriculture Division, Animal New Animal Drugs for Use in Animal preparation is derived from the Health Products to Bayer Corp., Feeds; Lasalocid nonpathogenic and nontoxicogenic Agriculture Division, Animal Health. bacterium Lactococcus lactis AGENCY: Food and Drug Administration, EFFECTIVE DATE: (previously named Streptococcus lactis). October 20, 1995. HHS. The preparation contains the enzyme FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. aminopeptidase (CAS Reg. No. 9031– Benjamin A. Puyot, Center for 94–1; EC 3.4.11.1) and other peptidases Veterinary Medicine (HFV–130), Food SUMMARY: The Food and Drug that hydrolyze milk proteins. The and Drug Administration, 7500 Standish Administration (FDA) is amending the preparation is produced by pure culture Pl., Rockville, MD 20855, 301–594– animal drug regulations to reflect fermentation. 1646. approval of two supplemental new (b) The ingredient meets the SUPPLEMENTARY INFORMATION: Miles, animal drug applications (NADA’s) filed specifications for enzyme preparations Inc., Agriculture Division, Animal by Hoffmann-La Roche, Inc. One in the Food Chemicals Codex, 3d ed. Health Products, P.O. Box 390, Shawnee supplemental NADA provides for the (1981), pp. 107–110, which are Mission, KS 66201–0390, has informed addition of certain lasalocid-containing incorporated by reference in accordance FDA of a change of sponsor name to Type A medicated articles to dry, with 5 U.S.C. 552(a) and 1 CFR part 51. Bayer Corp., Agriculture Division, powdered milk replacer before Copies are available from the National Animal Health. Accordingly, FDA is reconstitution. The reconstituted Type C Academy Press, 2101 Constitution Ave. amending the regulations in 21 CFR medicated feed is used to control NW., Washington, DC 20418, or may be 510.600(c)(1) and (c)(2) to reflect the coccidiosis in nonveal calves. examined at the Division of Petition change of sponsor name. Additionally, FDA is amending the regulations to reflect approval of Control (HFS–215), Center for Food List of Subjects in 21 CFR Part 510 Safety and Applied Nutrition, Food and another supplemental NADA which Drug Administration, 1110 Vermont Administrative practice and modifies the lasalocid feeding directions Ave. NW., suite 1200, Washington, DC, procedure, Animal drugs, Labeling, for control of coccidiosis in cattle. or at the Office of the Federal Register, Reporting and recordkeeping EFFECTIVE DATE: October 20, 1995. 800 North Capitol St. NW., suite 700, requirements. FOR FURTHER INFORMATION CONTACT: Washington, DC. Therefore, under the Federal Food, Melanie R. Berson, Center for Veterinary (c) In accordance with § 184.1(b)(1), Drug, and Cosmetic Act and under Medicine (HFV–135), Food and Drug the ingredient is used in food with no authority delegated to the Commissioner Administration, 7500 Standish Pl., limitations other than current good of Food and Drugs and redelegated to Rockville, MD 20855, 301–594–1643. the Center for Veterinary Medicine, 21 manufacturing practice. The affirmation SUPPLEMENTARY INFORMATION: CFR part 510 is amended as follows: Hoffmann- of this ingredient as generally La Roche, Inc., Nutley, NJ 07110, is the recognized as safe as a direct human PART 510ÐNEW ANIMAL DRUGS sponsor of NADA 96–298, which food ingredient is based upon the currently provides for the use of several following current good manufacturing 1. The authority citation for 21 CFR concentrations of lasalocid sodium- practice conditions of use: part 510 continues to read as follows: containing Type A medicated articles in (1) The ingredient is used as an Authority: Secs. 201, 301, 501, 502, 503, making Type C medicated cattle feeds enzyme, as defined in § 170.3(o)(9) of 512, 701, 721 of the Federal Food, Drug, and (68 to 113 grams of activity per ton) for this chapter, as an optional ingredient Cosmetic Act (21 U.S.C. 321, 331, 351, 352, the control of coccidiosis caused by for flavor development in the 353, 360b, 371, 379e). Eimeria bovis and E. zuernii. The firm manufacture of cheddar cheese, in has filed a supplemental NADA that accordance with § 133.113 of this § 510.600 [Amended] expands this use of the drug to nonveal chapter, and in the preparation of 2. Section 510.600 Names, addresses, calves using milk replacer powder. protein hydrolysates. and drug labeler codes of sponsors of Additionally, FDA concurred with (2) The ingredient is used at levels not approved applications is amended in another supplemental NADA which was to exceed current good manufacturing the table in paragraph (c)(1) by filed to modify the feeding directions for practice. removing the entry for ‘‘Miles, Inc., lasalocid medicated feed when used to 54194 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations control coccidiosis in cattle. The (21 U.S.C. 360b(c)(2)(F)(iii)), these PART 558ÐNEW ANIMAL DRUGS FOR supplemental NADA modifies the approvals for food-producing animals USE IN ANIMAL FEEDS feeding directions in the table in do not qualify for marketing exclusivity § 558.311(e)(1) by changing ‘‘feed because the supplemental applications 1. The authority citation for 21 CFR continuously’’ to ‘‘hand feed’’. do not contain new clinical or field part 558 continues to read as follows: The supplemental NADA’s are investigations (other than Authority: Secs. 512, 701 of the Federal approved as of August 7, 1995, and the bioequivalence or residue studies) and Food, Drug, and Cosmetic Act (21 U.S.C. regulations are amended in § 558.311 new human food safety studies (other 360b, 371). (21 CFR 558.311) to reflect the than bioequivalence or residue studies) 2. Section 558.311 is amended in approvals. essential to the approvals and paragraph (b)(3) by removing ‘‘(xiii)’’ Under 21 CFR 514.106(b)(2), these are conducted or sponsored by the and adding in its place ‘‘(xv)’’ and in the Category II changes. Approval of these applicant. table in paragraph (e)(1), in the changes is not expected to have any List of Subjects in 21 CFR Part 558 ‘‘Limitations’’ column, in the entry for adverse effect on the safety or ‘‘(xii)’’ by removing ‘‘feed continuously’’ effectiveness of this new animal drug. Animal drugs, Animal feeds. and adding in its place ‘‘hand feed’’, Accordingly, these approvals did not Therefore, under the Federal Food, and by adding new entry ‘‘(xv)’’ to read require a reevaluation of the safety and Drug, and Cosmetic Act and under as follows: effectiveness data in the parent authority delegated to the Commissioner application. of Food and Drugs and redelegated to § 558.311 Lasalocid. Under section 512(c)(2)(F)(iii) of the the Center for Veterinary Medicine, 21 * * * * * Federal Food, Drug, and Cosmetic Act CFR part 558 is amended as follows: (e)(1) * * *
Lasalocid sodium activity in grams Combination in Indications for use Limitations Sponsor per ton grams per ton
******* (xv)...... Replacement calves; for control of coc- In milk replacer powder; hand feed at a 000004 cidiosis caused by E. bovis and E. rate of 1 mg of lasalocid per 2.2 lb zuernii. body weight per day; include on label- ing warning: ``A withdrawal period has not been established for lasalocid in pre-ruminating calves. Do not use in calves to be processed for veal.''.
* * * * * Cuba. A general license is added to 515–1387 and type ‘‘/GO FAC,’’ or call Dated: October 5, 1995. permit travel to Cuba once a year in 202/512–1530 for disks or paper copies. Robert C. Livingston, cases of extreme humanitarian need. This file is available for downloading in Statements of licensing policy are added WordPerfect, ASCII, and Adobe Director, Office of New Animal Drug AcrobatTM readable (*.PDF) formats. Evaluation, Center for Veterinary Medicine. concerning the availability of specific licenses for public performances, The document is also accessible for [FR Doc. 95–25972 Filed 10–19–95; 8:45 am] educational exchanges, activities of downloading in ASCII format without BILLING CODE 4160±01±F human rights organizations, and the change from Treasury’s Electronic reciprocal establishment of news Library (‘‘TEL’’) in the ‘‘Business, Trade organization offices. Payment of and Labor Mall’’ of the FedWorld DEPARTMENT OF THE TREASURY expenses for intellectual property bulletin board. By modem dial 703/321– protection in Cuba is also authorized. In 3339, and select self–expanding file Office of Foreign Assets Control addition, a number of clarifying ‘‘T11FR00.EXE’’ in TEL. For Internet 31 CFR Part 515 technical amendments are included in access, use one of the following this final rule. protocols: Telnet = fedworld.gov Cuban Assets Control Regulations; EFFECTIVE DATE: October 17, 1995. (192.239.93.3); World Wide Web (Home Page) = hhtp://www.fedworld.gov; FTP News Organizations; Travel FOR FURTHER INFORMATION CONTACT: = ftp.fedworld.gov (192.239.92.205). Transactions; Intellectual Property Steven I. Pinter, Chief of Licensing (tel.: AGENCY: Office of Foreign Assets 202/622–2480), or William B. Hoffman, Background Control, Treasury. Chief Counsel (tel.: 202/622–2410), On October 6, 1995, President Clinton Office of Foreign Assets Control, ACTION: Final rule; amendments. announced a number of changes to the Department of the Treasury, administration of the Cuban embargo SUMMARY: Pursuant to the President’s Washington, D.C. 20220. intended to promote democratic change announcement of October 6, 1995, the SUPPLEMENTARY INFORMATION: in Cuba. Accordingly, the Office of Treasury Department is amending the Foreign Assets Control is amending the Electronic Availability Cuban Assets Control Regulations to Cuban Assets Control Regulations, 31 add 3 interpretive sections concerning This document is available as an CFR part 515 (the ‘‘Regulations’’), to the authorization of travel transactions electronic file on The Federal Bulletin implement these measures. related to research, free–lance Board the day of publication in the Section 514.416 is amended to journalism, and educational activities in Federal Register. By modem, dial 202/ expand the interpretation of the term Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54195
‘‘research and similar activities’’ to accordingly, § 515.413 is being removed Subpart DÐInterpretations include research conducted on behalf of as unnecessary. Section 515.561 was an organization with an established originally incorporated into the § 515.413 [Removed and reserved] interest in international relations. Regulations to authorize travel in 3. Section 515.413 is removed and Individuals acting on behalf of such an support of transactions authorized reserved. organization may apply for a specific under an earlier version of § 515.559. 4. The introductory text of paragraph license to authorize travel–related The continued authorization of travel (a) and paragraph (a)(1) of § 515.416 are transactions in Cuba. Section 515.417 is transactions is inconsistent with the revised to read as follows: added to the Regulations to establish the present limited scope of § 515.559. § 515.416 Professional research and basis on which specific licenses to Finally § 515.563 is amended to clarify similar activities. authorize travel–related transactions that remittances related to emigration (a) Section 515.560(b) sets forth the will be granted to individuals engaging from Cuba continue to be authorized criteria on which specific licenses for in free–lance journalism. Section under general license. transactions related to travel to, from, 515.419 is added providing an Because the Regulations involve a and within Cuba may be issued for interpretation of the term ‘‘educational foreign affairs function, Executive Order persons engaging in professional activities.’’ Specific licenses will be 12866 and the provisions of the research and similar activities of a available for individuals who are Administrative Procedure Act, 5 U.S.C. noncommercial, academic nature. attending certain meetings of 553, requiring notice of proposed Persons traveling to Cuba to engage in international organizations in Cuba. rulemaking, opportunity for public professional research must engage in a Undergraduates’ travel to Cuba for study participation, and delay in effective full work schedule in Cuba, and there toward a degree may be licensed if the date, are inapplicable. Because no must be a substantial likelihood of activities are sponsored by a college or notice of proposed rulemaking is public dissemination of the product of university. required for this rule, the Regulatory their research. No transactions related to Sections 515.527 and 515.528 are Flexibility Act, 5 U.S.C. 601–612, does tourist or recreational travel within amended to authorize transactions not apply. Cuba are authorized in connection with including payments to the United States professional research, except those that by Cuban nationals and payments to List of Subjects in 31 CFR Part 515 are consistent with a full schedule of Cuba by U.S. companies and Administrative practice and research activities. individuals related to the protection of (1) Persons are considered to be intellectual property. A new general procedure, Air carriers, Banks, banking, Cuba, Currency, Estates, Exports, Fines engaging in professional research for license is established at purposes of this section: § 515.560(a)(1)(iii) to permit travel to and penalties, Foreign investment in the United States, Foreign trade, Imports, (i) If they are full–time professionals Cuba once a year to visit close relatives who travel to Cuba to do research in in circumstances of extreme Informational materials, Publications, Reporting and recordkeeping their professional areas and their humanitarian need. Clarifying research is specifically related to Cuba; amendments are made to § 515.560(g) to requirements, Securities, Shipping, Travel restrictions, Trusts and trustees, or make clear that ‘‘fully hosted or (ii) If they are acting on behalf of an Vessels. sponsored’’ travelers may not use the organization with an established interest charter services authorized pursuant to For the reasons set forth in the in international relations to collect § 515.566. Section 515.565 is amended preamble, 31 CFR part 515 is amended information related to Cuba. to provide that specific licenses may be as set forth below: * * * * * issued for public performances or public PART 515ÐCUBAN ASSETS 5. Section 515.417 is added to subpart exhibitions in Cuba. A new § 515.572 is D to read as follows: added to the Regulations which states CONTROL REGULATIONS that specific licenses may be issued on § 515.417 Free-lance journalists. a case–by–case basis to permit the 1. The authority citation for part 515 (a) Section 515.560(a)(2) authorizes establishment of offices for news continues to read as follows: travel transactions for journalists who organizations in the United States by Authority: 50 U.S.C. App. 1–44; 22 U.S.C. are regularly employed in that capacity Cubans and in Cuba by U.S. persons. 6001–6010; 22 U.S.C. 2370(a); Proc. 3447, 27 FR 1085, 3 CFR, 1959–1963 Comp., p. 157; by a news reporting organization. For A new § 515.573 is added to the E.O. 9193, 7 FR 5205, 3 CFR, 1938–1943 individuals who wish to travel to Cuba Regulations authorizing educational Comp.,p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, to do research for a free–lance article, exchanges for Cuban and U.S. scholars, 1943–1948 Comp., p. 748; E.O. 12854, 58 FR specific licenses will be issued pursuant as well as study in a Cuban academic 36587, 3 CFR, 1993 Comp., p. 614. to § 515.560(b) on a case–by–case basis institution by graduate and upon submission of an adequate written undergraduate students. Section Subpart CÐGeneral Definitions application including the following 515.574 is added to the Regulations to documentation: allow for specific licensing of activities 2. Paragraph (a) of § 515.322 is revised (1) A detailed itinerary and a detailed of human rights organizations and other to read as follows: description of the proposed research; non–governmental organizations to § 515.322 Authorized trade territory; and support the Cuban people. member of the authorized trade territory. (2) A resume or similar document In addition, certain technical showing a record of publications. amendments are included in this rule. (a) The term authorized trade territory (b) To qualify for specific licensing The term ‘‘authorized trade territory’’ is includes all countries, including any pursuant to § 515.560(b), the itinerary redefined in § 515.322. Sections 515.413 colony, territory, possession, or for the proposed research in Cuba for a and 515.561 are being removed from the protectorate, except those countries free–lance article must demonstrate that Regulations. Section 515.413, subject to sanctions pursuant to this the research constitutes a full work concerning certain engineering advice, chapter. The term does not include the schedule that could not be related to a general license that is no United States. accomplished in a shorter period of longer included in the Regulations; * * * * * time. 54196 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
6. Section 515.419 is added to subpart with the transactions authorized in for activities of recognized human rights D to read as follows: paragraph (a) of this section. organizations investigating human 8. The section heading and the rights violations, or for purposes related § 515.419 Travel related to educational to the exportation, importation, or activities. introductory text of paragraph (a) of § 515.528 are revised to read as follows: transmission of information or (a) Section 515.560(b) provides, in informational materials as defined in part, that specific licenses will be issued § 515.528 Certain transactions with § 515.332. to persons for travel to Cuba for clearly respect to blocked foreign intellectual (1) For purposes of this section, the defined educational activities. property. term close relative means spouse, child, Transactions related to travel and (a) The following transactions by any grandchild, parent, grandparent, great maintenance in Cuba for the following person who is not a designated national grandparent, uncle, aunt, brother, sister, activities will be licensed upon are hereby authorized: nephew, niece, first cousin, mother–in– submission of an adequate written * * * * * law, father–in–law, daughter–in–law, application: 9. Paragraphs (a), (b) and (g) of son–in–law, sister–in–law, brother–in– (1) Attendance at a meeting or § 515.560 are revised to read as follows: law, or spouse, widow, or widower of conference held in Cuba by a person any of the foregoing. with an established interest in the § 515.560 Certain transactions incident to (2) Nothing in this section authorizes subject of the meeting or conference, travel to and within Cuba. transactions in connection with tourist provided that: (a)(1) General license. The travel to Cuba. Travel to Cuba that is (i) The meeting or conference is transactions in paragraph (c) of this characterized as falling within the organized by an international institution section are authorized in connection criteria specified in paragraph (b) is or association that regularly sponsors with travel to Cuba by: prohibited unless specifically licensed. (i) Persons who are officials of the meetings or conferences in other * * * * * countries; and United States Government or of any (g)(1) For purposes of this section, all (ii) The purpose of the meeting or foreign government, or of any necessary transactions involving fully conference is not the promotion of intergovernmental organization of sponsored or hosted travel to, from, and tourism in Cuba or other commercial which the United States is a member, within Cuba are authorized, provided activities involving Cuba that are and who are traveling on official that: inconsistent with this part; and business; (i) No person subject to the (2) Activities related to study for an (ii) Journalists regularly employed in jurisdiction of the United States shall undergraduate or graduate degree that capacity by a news reporting make any payment or transfer any sponsored by a college or university organization; or property or provide any service to Cuba (iii) Persons, and persons traveling located in the United States. or a Cuban national in connection with with them who share a common (b) Transactions related to travel that such travel; and is primarily tourist travel, including dwelling as a family with them, who are (ii) The travel is not aboard a direct self–directed educational activities that traveling to visit close relatives in Cuba flight between the United States and are intended for personal enrichment, in circumstances that demonstrate Cuba authorized pursuant to § 515.566 will not be licensed pursuant to extreme humanitarian need, provided of this part. § 515.560(b). that the authorization contained in this (2) Travel shall be considered fully paragraph may be used only once in any sponsored or hosted for purposes of this Subpart EÐLicenses, Authorizations, 12 month period. Any additional section notwithstanding a payment by and Statements of Licensing Policy transactions must be specifically the person subject to the jurisdiction of 7. Section 515.527 is revised to read licensed pursuant to paragraph (b) of the United States for transportation to as follows: this section. and from Cuba, provided that the carrier (2) Nothing in this section authorizes furnishing the transportation is not a § 515.527 Certain transactions with transactions in connection with tourist Cuban national. respect to United States intellectual travel to Cuba, nor does it authorize property. transactions in relation to any business § 515.561 [Removed and reserved] (a) Transactions related to the travel not otherwise authorized by 10. Section 515.561 is removed and registration and renewal in the United specific license issued pursuant to this reserved. States Patent and Trademark Office or part. 11. Section 515.563 is revised to read (b) Specific licenses. Specific licenses the United States Copyright Office of as follows: patents, trademarks, and copyrights in authorizing the transactions in which the Government of Cuba or a paragraph (c) of this section may be § 515.563 Family remittances to nationals Cuban national has an interest are issued in cases involving extreme of Cuba. authorized. humanitarian need to persons or (a) Specific licenses may be issued on (b) This section authorizes the persons living in the same household, a case–by–case basis authorizing payment from blocked accounts or who seek to travel to visit close relatives remittances to a close relative of the otherwise of fees currently due to the in Cuba of such persons more than once remitter or of the remitter’s spouse who United States Government in in a calendar year. Specific licenses may is a national of Cuba and who is connection with any transaction also be issued to persons to travel to resident in Cuba or in the authorized authorized in paragraph (a) of this Cuba for humanitarian reasons based on trade territory. Such remittances will be section. a demonstrated compelling need to authorized only in circumstances where (c) This section further authorizes the travel, for professional research and extreme humanitarian need is payment from blocked accounts or similar activities consistent with demonstrated, including terminal otherwise of the reasonable and § 515.416, for free lance journalism illness or severe medical emergency. customary fees and charges currently consistent with § 515.417, for clearly (b) Remittances to any close relative due to attorneys or representatives defined educational activities consistent of the remitter or of the remitter’s within the United States in connection with § 515.419, for religious activities, spouse who is a national of Cuba or who Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54197 is resident in Cuba are authorized for import documents, and in all funds DEPARTMENT OF DEFENSE the purpose of enabling the payee to transfers and other banking transactions emigrate from Cuba to the United States, through banks organized or located in Office of the Secretary in an amount not exceeding $500, to be the United States, in connection with made only once to any payee, provided the licensed transaction to avoid the 32 CFR Part 311 that the payee is a resident of and blocking of goods imported from Cuba Privacy Program within Cuba at the time the payment is and the interruption of the financial made. transactions with Cuba. AGENCY: Office of the Secretary, DOD. (c) The term close relative used with 14. Section 515.573 is added to ACTION: Final rule. respect to any person means such subpart E to read as follows: person’s spouse, child, grandchild, SUMMARY: The Office of the Secretary of parent, grandparent, great grandparent, § 515.573 Transactions related to Defense is exempting a system of uncle, aunt, brother, sister, nephew, educational exchanges. records identified as DWHS 29, entitled niece, first cousin, mother–in–law, Specific licenses may be issued on a Personnel Security Adjudications File, father–in–law, son–in–law, daughter– case–by–case basis authorizing the from certain provisions of 5 U.S.C. 552a. in–law, sister–in–law, brother–in–law, following: Exemption is needed to comply with or spouse, widow, or widower of any of (a) Transactions related to teaching at prohibitions against disclosure of the foregoing. a Cuban academic institution by an information provided the government individual regularly employed in a under a promise of confidentiality and 12. Paragraph (c) is added to § 515.565 teaching capacity at a college or to protect privacy rights of individuals to read as follows: university located in the United States, identified in the system of records. The § 515.565 Transactions in connection with provided the activities are related to a proposed rule was published on June public exhibitions or performances. college or university academic program; 14, 1995, at 60 FR 31267. No comments were received, therefore, the rule is * * * * * (b) Transactions related to the being adopted as final. (c) Specific licenses may be issued in sponsorship of a Cuban scholar to teach appropriate cases for transactions or engage in other scholarly activity at EFFECTIVE DATE: August 15, 1995. incident to participation by a person a college or university located in the ADDRESSES: Send comments to the OSD subject to the jurisdiction of the United United States; Privacy Act Officer, Washington States in a public exhibition or (c) Transactions related to Headquarter Services, Correspondence performance in Cuba. participation in a formal course of study and Directives Division, Records at a Cuban academic institution by a Management Division, 1155 Defense 13. Section 515.572 is added to graduate or undergraduate student; and Pentagon, Washington, DC 20301–1155. subpart E to read as follows: (d) Transactions related to the FOR FURTHER INFORMATION CONTACT: Mr. organization of activities described in § 515.572 Transactions by news Dan Cragg at (703) 695–0970. paragraph (a), (b), or (c) of this section. organizations. SUPPLEMENTARY INFORMATION: (a) Specific licenses may be issued 15. Section 515.574 is added to authorizing all transactions necessary subpart E to read as follows: Executive Order 12866 for the establishment and operation of § 515.574 Support for the Cuban people. The Director, Administration and Management, Office of the Secretary of news bureaus in Cuba whose primary (a) Specific licenses may be issued on Defense has determined that this purpose is the gathering and a case–by–case basis for transactions Privacy Act rule for the Department of dissemination of news to the general intended to provide support for the Defense does not constitute ’significant public. Transactions that may be Cuban people including, but not limited regulatory action’. Analysis of the rule authorized include, but are not limited to, the following: indicates that it does not have an annual to, those incident to the following: (1) Activities of recognized human effect on the economy of $100 million (1) Leasing office space and securing rights organizations; and related goods and services; (2) Activities of individuals and non– or more; does not create a serious (2) Hiring Cuban nationals to serve as governmental organizations which inconsistency or otherwise interfere support staff; promote independent activity intended with an action taken or planned by (3) Purchasing Cuban–origin goods for to strengthen civil society in Cuba. another agency; does not materially alter use in the operation of the office; and (b) Licenses will only be issued the budgetary impact of entitlements, (4) Paying fees related to the operation pursuant to this section upon a clearly grants, user fees, or loan programs or the of the office in Cuba. articulated showing that the proposed rights and obligations of recipients (b) Specific licenses may be issued transactions are consistent with the thereof; does not raise novel legal or authorizing transactions necessary for purposes of this part and that no policy issues arising out of legal the establishment and operation of news significant accumulation of funds or mandates, the President’s priorities, or bureaus in the United States by Cuban financial benefit will accrue to the the principles set forth in Executive organizations whose primary purpose is Government of Cuba. Order 12866 (1993). the gathering and dissemination of news Regulatory Flexibility Act of 1980 Dated: October 13, 1995. to the general public. The Director, Administration and (c) Specific licenses may be issued R. Richard Newcomb, Management, Office of the Secretary of authorizing transactions related to Director, Office of Foreign Assets Control. Defense certifies that this Privacy Act hiring Cuban nationals to provide Approved: October 13, 1995. rule for the Department of Defense does reporting services or other services John P. Simpson, not have significant economic impact on related to the gathering and Deputy Assistant Secretary (Regulatory, Tariff a substantial number of small entities dissemination of news. & Trade Enforcement). because it is concerned only with the (d) Note: The number assigned to a [FR Doc. 95–25976 Filed 10–17–95; 11:09 administration of Privacy Act systems of specific license issued pursuant to this am] records within the Department of section should be referenced in all BILLING CODE 4810±25±F Defense. 54198 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
Paperwork Reduction Act right, privilege, or benefit is denied or General (Admiralty) of the Navy, under The Director, Administration and specific information would reveal the authority delegated by the Secretary of Management, Office of the Secretary of identity of a source. the Navy, has certified that USS STOUT Defense certifies that this Privacy Act * * * * * (DDG 55) is a vessel of the Navy which, rule for the Department of Defense Dated: October 13, 1995. due to its special construction and imposes no information requirements purpose, cannot comply fully with the L. M. Bynum, beyond the Department of Defense and following specific provisions of 72 that the information collected within Alternate OSD Federal Register Liaison COLREGS without interfering with its Officer, Department of Defense. the Department of Defense is necessary special function as a naval ship: Annex and consistent with 5 U.S.C. 552a, [FR Doc. 95–25998 Filed 10–19–95; 8:45 am] I, section 3(a) pertaining to the location known as the Privacy Act of 1974. BILLING CODE 5000±04±F of the forward masthead light in the forward quarter of the vessel, and the List of Subjects in 32 CFR Part 311 Department of the Navy horizontal distance between the forward Privacy. and after masthead lights; and, Annex I, Accordingly, 32 CFR part 311 is 32 CFR Part 706 section 2(f)(i) pertaining to placement of amended as follows: the masthead light or lights above and 1. The authority citation for 32 CFR Certifications and Exemptions Under clear of all other lights and obstructions. part 311 continues to read as follows: the International Regulations for The Deputy Assistant Judge Advocate Authority: Pub. L. 93–579, 88 Stat 1896 (5 Preventing Collisions at Sea, 1972; General (Admiralty) has also certified U.S.C.552a). Amendment that the lights involved are located in closest possible compliance with the 2. Section 311.7, add a new paragraph AGENCY: Department of the Navy, DoD. applicable 72 COLREGS requirements. (c)(8) as follows: ACTION: Final rule. Moreover, it has been determined, in § 311.7 Procedures for exemptions. SUMMARY: The Department of the Navy accordance with 32 CFR Parts 296 and * * * * * is amending its certifications and 701, that publication of this amendment (c) Specific exemptions. * * * exemptions under the International for public comment prior to adoption is (8)System identifier and name-DWHS Regulations for Preventing Collisions at impracticable, unnecessary, and P29, Personnel Security Adjudications Sea, 1972 (72 COLREGS), to reflect that contrary to public interest since it is File. the Deputy Assistant Judge Advocate based on technical findings that the Exemption. Portions of this system of General (Admiralty) of the Navy has placement of lights on this vessel in a records that fall within the provisions of determined that USS STOUT (DDG 55) manner differently from that prescribed 5 U.S.C. 552a(k)(5) may be exempt from is a vessel of the Navy which, due to its herein will adversely affect the vessel’s the following subsections (d)(1) through special construction and purpose, ability to perform its military functions. cannot comply fully with certain (d)(5). List of Subjects in 32 CFR Part 706 Authority. 5 U.S.C. 552a(k)(5). provisions of the 72 COLREGS without Reasons. From (d)(1) through (d)(5) interfering with its special functions as Marine safety, Navigation (water), and because the agency is required to protect a naval ship. The intended effect of this Vessels. the confidentiality of sources who rule is to warn mariners in waters where Accordingly, 32 CFR Part 706 is furnished information to the 72 COLREGS apply. amended as follows: Government under an expressed EFFECTIVE DATE: June 13, 1995. promise of confidentiality or, prior to FOR FURTHER INFORMATION CONTACT: PART 706Ð[AMENDED] September 27, 1975, under an implied Commander K.P. McMahon, JAGC, U.S. 1. The authority citation for 32 CFR promise that the identity of the source Navy Admiralty Counsel, Office of the Part 706 continues to read: would be held in confidence. This Judge Advocate General, Navy confidentiality is needed to maintain Department, 200 Stovall Street, Authority: 33 U.S.C. 1605. Alexandria, VA 22332–2400. Telephone the Government’s continued access to 2. Table Four of § 706.2 is amended number: (703) 325–9744. information from persons who by revising the information on the otherwise might refuse to give it. This SUPPLEMENTARY INFORMATION: Pursuant following vessel in Paragraph 16: exemption is limited to disclosures that to the authority granted in 33 U.S.C. would reveal the identity of a 1605, the Department of the Navy § 706.2 Certifications of the Secretary of confidential source. At the time of the amends 32 CFR Part 706. This the Navy under Executive Order 11964 and request for a record, a determination amendment provides notice that the 33 U.S.C. 1605. will be made concerning whether a Deputy Assistant Judge Advocate * * * * *
Vessel No. Obstruction angle relative ship's headings
******* USS DDG 55 ... 102.00 thru 112.50°. STOUT.
*******
3. Table Five of § 706.2 is amended by revising the information on the following vessel: Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54199
TABLE FIVE
Masthead lights not over all Forward masthead light not After mast-head light less other lights and obstruc- than 1¤2 ship's length aft of Vessel No. tions in forward quarter of ship forward masthead light Percentage horizontal sep- annex I, annex I, annex I, aration attained sec. 2(f) sec. 3(a) sec. 3(a)
******* USS DDG 55 ... X X X 20.7 STOUT.
*******
Dated: June 13, 1995. agency. The Committee’s mandatory to serve as JWOD distributors. Another K.P. McMahon, source requirement regulation, 41 CFR commenter asked questions about the U.S. Navy Deputy Assistant Judge Advocate 51–5.2, is based on this interpretation. process to be used to authorize General (Admiralty). In light of ongoing changes in Federal commercial distributors of JWOD procurement, the Committee has [FR Doc. 95–25878 Filed 10–19–95; 8:45 am] commodities. However, as indicated in reexamined its traditional interpretation the preamble to both the proposed and BILLING CODE 3810±FF±P of its statute and has concluded that the final rules, the purpose of this regulatory authority it has been granted rulemaking is merely to create the allows it to prescribe by regulation that regulatory authority needed to permit COMMITTEE FOR PURCHASE FROM its products may be procured through the Committee to use commercial PEOPLE WHO ARE BLIND OR commercial distributors. As distributors in the future if appropriate. SEVERELY DISABLED Government distributors such as the The process and criteria to be used to General Services Administration and 41 CFR Part 51±5 authorize the distributors, as well as the the Defense Logistics Agency have long identities of the distributors, have not Mandatory Source Requirement been providing these products to yet been determined. Government agencies, the Committee Another commenter requested that AGENCY: Committee for Purchase From does not believe that this new the reference in paragraph 51–5.2(b) of People Who Are Blind or Severely interpretation is a departure from the the proposed rule to ‘‘sources Disabled. statutory scheme which Congress authorized by the Committee’’ be ACTION: Final rule. established for the Committee to create changed to ‘‘sources authorized and/or jobs for people who are blind or have recognized by the Committee.’’ The SUMMARY: This rule revises the other severe disabilities by requiring change would permit retrospective Committee’s mandatory source Government agencies to purchase recognition of a commercial requirement regulation to permit sales commodities and services from distributor’s status as an authorized of Javits-Wagner-O’Day (JWOD) nonprofit agencies which employ these JWOD distributor. This change would be products to the Government through people. contrary to the Committee’s intent to commercial distributors as well as the The former version of the mandatory authorize commercial JWOD Committee’s traditional sources of source requirement regulation distributors, if at all, only after assuring supply. mentioned the Department of Veterans that they meet appropriate criteria. EFFECTIVE DATE: November 20, 1995. Affairs (VA) as one of the Government Consequently, the proposed change has ADDRESSES: Committee for Purchase central supply agencies which distribute not been adopted. commodities produced by the JWOD From People Who Are Blind or Severely Regulatory Flexibility Act Disabled, Crystal Square 3, Suite 403, Program. Because VA has closed its 1735 Jefferson Davis Highway, depot system, a specific reference to VA I certify that this proposed revision of Arlington, Virginia 22202–3461. does not appear in the new regulation. the Committee regulations will not have The new regulation retains the a significant economic impact on a FOR FURTHER INFORMATION CONTACT: G. requirement that persons providing substantial number of small entities John Heyer (703) 603–7740. Copies of commodities to Government agencies by because the revision clarifies program this notice will be made available on contract are required to order them from policies and does not essentially change request in computer diskette format. the same Committee-authorized sources the impact of the regulations on small SUPPLEMENTARY INFORMATION: Entities of the Government agencies would use if entities. the Government desiring to buy they bought the commodities directly. commodities and services which are on Paperwork Reduction Act the Committee’s Procurement List are Public Comments on the Proposed Rule The Paperwork Reduction Act does required by law (41 U.S.C. 48) to buy The Committee published the not apply to this proposed rule because them from a qualified nonprofit agency proposed rule in the Federal Register of it contains no information collection or designated by the Committee at the fair July 28, 1995 (60 FR 38784). Four recordkeeping requirements as defined market price established by the comments were received, one of which in that Act and its regulations. Committee, in accordance with the indicated that the commenter had no Committee’s rules and regulations. The comments on the proposed rule at that Executive Order No. 12866 Committee has traditionally interpreted time. The Committee has been exempted this statutory mandate as requiring a One commenter requested that the from the regulatory review requirements direct buying relationship between a rule identify specific commercial of the Executive Order by the Office of Government entity and a nonprofit distributors which would be authorized Information and Regulatory Affairs. 54200 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations
Additionally, the proposed rule is not a DEPARTMENT OF COMMERCE 1995) as 1,910 metric tons (mt). NMFS significant regulatory action as defined has determined that as of September 30, in the Executive Order. National Oceanic and Atmospheric 1995, 2,008 mt have been caught. The Administration specified level of overfishing, as defined List of Subjects in 41 CFR Part 51–5 in the FMP, for the shortraker/rougheye 50 CFR Part 672 species group is 2,925 mt. Further [Docket No. 950206041±5041±01; I.D. unrestricted catches of the shortraker/ Government procurement, 101695A] rougheye species group could result in Handicapped. overfishing. Groundfish of the Gulf of Alaska; Trawl vessels currently can retain For the reasons set out in the Sablefish and Pacific Ocean Perch in sablefish in the Southeast Outside preamble, Part 51–5 of Title 41, Chapter the Eastern Regulatory Area District of the Eastern Regulatory Area. Species of the ‘‘other rockfish’’ and 51 of the Code of Federal Regulations is AGENCY: National Marine Fisheries amended as follows: pelagic shelf rockfish group are open to Service (NMFS), National Oceanic and trawling in the Southeast Outside Atmospheric Administration (NOAA), District. Trawl effort that targets PART 51±5ÐCONTRACTING Commerce. rockfish and maximizes the bycatch of REQUIREMENTS ACTION: Inseason adjustment, sablefish, a highly valuable species, will clarification of a closure, request for incur significant incidental bycatch of comments. shortraker/rougheye rockfish. 1. The authority citation for Part 51– To prevent overfishing of the 5 continues to read as follows: SUMMARY: NMFS is issuing an inseason shortraker/rougheye rockfish species adjustment prohibiting retention of group, the Director, Alaska Region, Authority: 41 U.S.C. 46–48c. sablefish by vessels using trawl gear in NMFS (Regional Director), has the Southeast Outside District of the determined in accordance with 2. Section 51–5.2 is amended by Eastern Regulatory Area and clarifying § 672.22(a)(1)(i) and (a)(4), that closing revising paragraphs (b) and (c), that directed fishing for Pacific ocean the season by prohibiting retention of removing paragraphs (d) and (e), and perch in the Eastern Regulatory Area in sablefish by vessels using trawl gear in redesignating paragraph (f) as paragraph the Gulf of Alaska (GOA) is prohibited. the Southeast Outside District is (d), to read as follows: Action is necessary to reduce bycatch of necessary and is the least restrictive the shortraker/rougheye rockfish species measure to achieve that purpose and group in the Eastern Regulatory Area. will allow other fisheries to continue in § 51±5.2 Mandatory source requirement. EFFECTIVE DATE: For the prohibition of noncritical areas and time periods. retention of sablefish by vessels using Unless the retention of sablefish is * * * * * trawl gear in the Southeast Outside prohibited, significant incidental catch District: 12 noon, Alaska local time of the shortraker/rougheye rockfish (b) Purchases of commodities on the (A.l.t.), October 17, 1995 until 12 species group would occur by trawl Procurement List by entities of the midnight, A.l.t. December 31, 1995. vessels seeking to maximize retainable Government shall be made from sources Comments must be received at the amounts of sablefish under the authorized by the Committee. These following address no later than 4:30 standards for directed fishing at sources may include nonprofit agencies, p.m., A.l.t., November 1, 1995. § 672.20(g). central nonprofit agencies, Government In accordance with ADDRESSES: Comments may be sent to central supply agencies such as the Ronald J. Berg, Chief,Fisheries § 672.20(c)(1)(ii)(B), the annual total Defense Logistics Agency and the Management Division, Alaska Region, allowable catch for Pacific ocean perch in the Eastern Regulatory Area was General Services Administration, and NMFS, P.O. Box 21668, Juneau, AK established by the Final 1995 Harvest certain commercial distributors. 99802, Attn: Lori Gravel, or be delivered Specifications of Groundfish (60 FR Identification of the authorized sources to the fourth floor of the Federal 8470, February 14, 1995) as 1,914 mt. for a particular commodity may be Building, 709 West 9th Street, Juneau, NMFS determined that as of September obtained from the central nonprofit AK. agencies at the addresses noted in § 51– 30, 1995, 950 mt remained unharvested. FOR FURTHER INFORMATION CONTACT: 6.2 of this chapter. Therefore, NMFS announced that the Andrew N. Smoker, 907–586–7228. previous closure would be modified in (c) Contracting activities shall require SUPPLEMENTARY INFORMATION: The order to allow directed fishing for other persons providing commodities groundfish fishery in the GOA exclusive Pacific ocean perch in the Eastern economic zone is managed by NMFS which are on the Procurement List to Regulatory Area for a 48–hour period. according to the Fishery Management The Regional Director intended to entities of the Government by contract Plan for Groundfish of the Gulf of establish a directed fishing allowance to order these commodities from the Alaska (FMP) prepared by the North for Pacific ocean perch of 1,814 mt, with sources authorized by the Committee. Pacific Fishery Management Council consideration that 100 mt would be under authority of the Magnuson taken as incidental catch in directed (d) * * * Fishery Conservation and Management fishing for other species in this area. Dated: October 17, 1995. Act. Fishing by U.S. vessels is governed Unfortunately, because of processing by regulations implementing the FMP at delays, the modification of the closure Beverly L. Milkman, 50 CFR parts 620 and 672. was never filed with the Office of the The acceptable biological catch for the Federal Register. In any case, based Executive Director. shortraker/rougheye rockfish species upon the press release, directed fishing group in the GOA was established by occurred and the Regional Director has [FR Doc. 95–26011 Filed 10–19–95; 8:45 am] the Final 1995 Harvest Specifications of determined that the intended directed BILLING CODE 6820±33±P Groundfish (60 FR 8470, February 14, fishing allowance of 1,814 mt has been Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Rules and Regulations 54201 reached. Consequently, NMFS is clarifying that directed fishing for Pacific ocean perch in the Eastern Regulatory Area is prohibited and that the maximum retainable bycatch amounts at § 672.20(g), apply at any time during a trip. The Assistant Administrator for Fisheries, NOAA, finds for good cause that providing prior notice and opportunity for public comment or delaying the effective date of this action is impracticable and contrary to the public interest. Without this inseason adjustment, NMFS could not allow other fisheries to continue. Under § 672.22(c)(2), interested persons are invited to submit written comments on this action to the above address until November 1, 1995. All other closures remain in full force and effect. Classification This action is taken under 50 CFR 672.20 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 17, 1995. Richard W. Surdi, Acting Director, Office of Fisheries Conservation and Management, National Marine Fisheries Service. [FR Doc. 95–26008 Filed 10–17–95; 1:21 pm] BILLING CODE 3510±22±F 54202
Proposed Rules Federal Register Vol. 60, No. 203
Friday, October 20, 1995
This section of the FEDERAL REGISTER Directorate, 1601 Lind Avenue SW., Model A320 series airplanes. The DGAC contains notices to the public of the proposed Renton, Washington. advises that it has received several issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: reports of loss of the two systems of the purpose of these notices is to give interested Charles D. Huber, Aerospace Engineer, braking/steering control unit (BSCU) on persons an opportunity to participate in the these airplanes. Investigation revealed rule making prior to the adoption of the final Standardization Branch, ANM–113, rules. FAA, Transport Airplane Directorate, that this problem was caused by an 1601 Lind Avenue SW., Renton, electrical overvoltage of the relays Washington 98055–4056; telephone during the transfer to the second system DEPARTMENT OF TRANSPORTATION (206) 227–2589; fax (206) 227–1149. of the BSCU upon the loss of the first system. This condition, if not corrected, Federal Aviation Administration SUPPLEMENTARY INFORMATION: could result in loss of the BSCU system, Comments Invited and subsequent loss of the antiskid 14 CFR Part 39 Interested persons are invited to functions and nose wheel steering of the participate in the making of the airplane. [Docket No. 95±NM±77±AD] proposed rule by submitting such Airbus has issued Service Bulletin written data, views, or arguments as A320–32–1115, Revision 2, dated Airworthiness Directives; Airbus Model September 21, 1994, which describes A320 Series Airplanes they may desire. Communications shall identify the Rules Docket number and procedures for replacement of the relays 24 GG and 25 GG in the forward AGENCY: Federal Aviation be submitted in triplicate to the address electronics rack 90VU of zone 120 of the Administration, DOT. specified above. All communications received on or before the closing date braking system of the landing gear with ACTION: Notice of proposed rulemaking new relays. This replacement will (NPRM). for comments, specified above, will be considered before taking action on the improve the electrical overvoltage protection on the braking system. The SUMMARY: This document proposes the proposed rule. The proposals contained DGAC classified this service bulletin as adoption of a new airworthiness in this notice may be changed in light mandatory and issued French directive (AD) that is applicable to of the comments received. airworthiness directive (CN) 93–163– certain Airbus Model A320 series Comments are specifically invited on 043 (B), dated September 29, 1993, in airplanes. This proposal would require the overall regulatory, economic, order to assure the continued replacement of the relays in the forward environmental, and energy aspects of airworthiness of these airplanes in electronics rack of the braking system of the proposed rule. All comments France. the landing gear with new relays. This submitted will be available, both before This airplane model is manufactured proposal is prompted by reports of loss and after the closing date for comments, in France and is type certificated for of the systems of the braking/steering in the Rules Docket for examination by operation in the United States under the control unit (BSCU) on these airplanes interested persons. A report provisions of section 21.29 of the due to electrical overvoltage of the summarizing each FAA-public contact Federal Aviation Regulations (14 CFR relays. The actions specified by the concerned with the substance of this 21.29) and the applicable bilateral proposed AD are intended to prevent proposal will be filed in the Rules airworthiness agreement. Pursuant to such electrical overvoltage of the relays, Docket. this bilateral airworthiness agreement, which could result in the loss of the Commenters wishing the FAA to the DGAC has kept the FAA informed BSCU systems, and subsequent loss of acknowledge receipt of their comments of the situation described above. The the antiskid functions and nose wheel submitted in response to this notice FAA has examined the findings of the steering of the airplane. must submit a self-addressed, stamped postcard on which the following DGAC, reviewed all available DATES: Comments must be received by information, and determined that AD December 4, 1995. statement is made: ‘‘Comments to Docket Number 95–NM–77–AD.’’ The action is necessary for products of this ADDRESSES: Submit comments in postcard will be date stamped and type design that are certificated for triplicate to the Federal Aviation returned to the commenter. operation in the United States. Administration (FAA), Transport Since an unsafe condition has been Airplane Directorate, ANM–103, Availability of NPRMs identified that is likely to exist or Attention: Rules Docket No. 95–NM– Any person may obtain a copy of this develop on other airplanes of the same 77–AD, 1601 Lind Avenue SW., Renton, NPRM by submitting a request to the type design registered in the United Washington 98055–4056. Comments FAA, Transport Airplane Directorate, States, the proposed AD would require may be inspected at this location ANM–103, Attention: Rules Docket No. replacement of certain relays in the between 9:00 a.m. and 3:00 p.m., 95–NM–77–AD, 1601 Lind Avenue SW., forward electronics rack 90VU of the Monday through Friday, except Federal Renton, Washington 98055–4056. braking system of the landing gear with holidays. new relays. The actions would be The service information referenced in Discussion required to be accomplished in the proposed rule may be obtained from The Direction Ge´ne´rale de l’Aviation accordance with the service bulletin Airbus Industrie, 1 Rond Point Maurice Civile (DGAC), which is the described previously. Bellonte, 31707 Blagnac Cedex, France. airworthiness authority for France, The FAA estimates that 87 airplanes This information may be examined at recently notified the FAA that an unsafe of U.S. registry would be affected by this the FAA, Transport Airplane condition may exist on certain Airbus proposed AD, that it would take Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules 54203 approximately 2 work hours per § 39.13 [Amended] Issued in Renton, Washington, on October 16, 1995. airplane to accomplish the proposed 2. Section 39.13 is amended by Darrell M. Pederson, actions, and that the average labor rate adding the following new airworthiness is $60 per work hour. Required parts directive: Acting Manager, Transport Airplane would be supplied by the manufacturer Directorate, Aircraft Certification Service. at no cost to the operators. Based on Airbus Industrie: Docket 95–NM–77–AD. [FR Doc. 95–25988 Filed 10–19–95; 8:45 am] these figures, the total cost impact of the Applicability: Model A320 series airplanes BILLING CODE 4910±13±U proposed AD on U.S. operators is on which Airbus Modification 23611 estimated to be $10,440, or $120 per (reference Airbus Service Bulletin A320–32– airplane. 1115) has not been installed; certificated in 14 CFR Part 39 any category. The total cost impact figure discussed above is based on assumptions that no Note 1: This AD applies to each airplane [Docket No. 94±ANE±49] operator has yet accomplished any of identified in the preceding applicability the proposed requirements of this AD provision, regardless of whether it has been Airworthiness Directives; Pratt & otherwise modified, altered, or repaired in action, and that no operator would Whitney JFTD12A Series and T73 the area subject to the requirements of this accomplish those actions in the future if Series Turboshaft Engines AD. For airplanes that have been modified, this AD were not adopted. altered, or repaired so that the performance AGENCY: Federal Aviation The regulations proposed herein of the requirements of this AD is affected, the Administration, DOT. would not have substantial direct effects owner/operator must use the authority ACTION: Notice of proposed rulemaking on the States, on the relationship provided in paragraph (b) of this AD to (NPRM). between the national government and request approval from the FAA. This the States, or on the distribution of approval may address either no action, if the SUMMARY: This document proposes the power and responsibilities among the current configuration eliminates the unsafe adoption of a new airworthiness various levels of government. Therefore, condition; or different actions necessary to directive (AD) that is applicable to Pratt in accordance with Executive Order address the unsafe condition described in & Whitney (PW) JFTD12A series and 12612, it is determined that this this AD. Such a request should include an T73 series turboshaft engines. This proposal would not have sufficient assessment of the effect of the changed proposal would require initial and federalism implications to warrant the configuration on the unsafe condition repetitive fluorescent penetrant preparation of a Federalism Assessment. addressed by this AD. In no case does the inspections (FPI) of compressor hubs, presence of any modification, alteration, or For the reasons discussed above, I disks, spacers, and bolted on (rotating) repair remove any airplane from the airseals for cracks, and replacement, if certify that this proposed regulation (1) applicability of this AD. is not a ‘‘significant regulatory action’’ necessary, with serviceable parts. This Compliance: Required as indicated, unless proposal is prompted by reports of under Executive Order 12866; (2) is not accomplished previously. a ‘‘significant rule’’ under the DOT extensive compressor rotor part To prevent an electrical overvoltage of the cracking. The actions specified by the Regulatory Policies and Procedures (44 relays, which could result in the loss of the FR 11034, February 26, 1979); and (3) if proposed AD are intended to prevent braking/steering control unit (BSCU) systems, disk rupture, an uncontained engine promulgated, will not have a significant and subsequent loss of the antiskid functions failure, and possible damage to the economic impact, positive or negative, and nose wheel steering of the airplane, on a substantial number of small entities accomplish the following: helicopter. under the criteria of the Regulatory (a) Within 10 months after the effective DATES: Comments must be received by Flexibility Act. A copy of the draft date of this AD, replace relays 24 GG and 25 December 19, 1995. regulatory evaluation prepared for this GG in the forward electronics rack 90VU of ADDRESSES: Submit comments in action is contained in the Rules Docket. zone 120 of the braking system of the landing triplicate to the Federal Aviation A copy of it may be obtained by gear with new relays, in accordance with Administration (FAA), New England contacting the Rules Docket at the Airbus Service Bulletin A320–32–1115, Region, Office of the Assistant Chief location provided under the caption Revision 2, dated September 21, 1994. Counsel, Attention: Rules Docket No. ADDRESSES. (b) An alternative method of compliance or 94–ANE–49, 12 New England Executive adjustment of the compliance time that List of Subjects in 14 CFR Part 39 Park, Burlington, MA 01803–5299. provides an acceptable level of safety may be Comments may be inspected at this used if approved by the Manager, location between 8:00 a.m. and 4:30 Air transportation, Aircraft, Aviation Standardization Branch, ANM–113, FAA, p.m., Monday through Friday, except safety, Safety. Transport Airplane Directorate. Operators Federal holidays. The Proposed Amendment shall submit their requests through an appropriate FAA Principal Maintenance The service information referenced in Accordingly, pursuant to the Inspector, who may add comments and then the proposed rule may be obtained from authority delegated to me by the send it to the Manager, Standardization Pratt & Whitney, 400 Main St., East Administrator, the Federal Aviation Branch, ANM–113. Hartford, CT 06108. This information may be examined at the FAA, New Administration proposes to amend part Note 2: Information concerning the 39 of the Federal Aviation Regulations existence of approved alternative methods of England Region, Office of the Assistant (14 CFR part 39) as follows: compliance with this AD, if any, may be Chief Counsel, 12 New England obtained from the Standardization Branch, Executive Park, Burlington, MA. PART 39ÐAIRWORTHINESS ANM–113. FOR FURTHER INFORMATION CONTACT: DIRECTIVES (c) Special flight permits may be issued in Barbara Caufield, Aerospace Engineer, accordance with sections 21.197 and 21.199 Engine Certification Office, FAA, Engine 1. The authority citation for part 39 of the Federal Aviation Regulations (14 CFR and Propeller Directorate, 12 New continues to read as follows: 21.197 and 21.199) to operate the airplane to England Executive Park, Burlington, MA Authority: 49 U.S.C. 106(g), 40101, 40113, a location where the requirements of this AD 01803–5299; telephone (617) 238–7146, 44701. can be accomplished. fax (617) 238–7199. 54204 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules
SUPPLEMENTARY INFORMATION: failure, and possible damage to the promulgated, will not have a significant Comments Invited helicopter. economic impact, positive or negative, The FAA has also determined that on a substantial number of small entities Interested persons are invited to there are engines and aircraft operating under the criteria of the Regulatory participate in the making of the under Restricted Category that are Flexibility Act. A copy of the draft proposed rule by submitting such identical to the commercial PW regulatory evaluation prepared for this written data, views, or arguments as JFTD12A series engines and Sikorsky S– action is contained in the Rules Docket. they may desire. Communications 64 series helicopters, however, these A copy of it may be obtained by should identify the Rules Docket retain their military designations, T73 contacting the Rules Docket at the number and be submitted in triplicate to series engines and CH–54 series location provided under the caption the address specified above. All helicopters. The T73 series engines are ADDRESSES. communications received on or before subject to the same unsafe condition as the closing date for comments, specified the PW JFTD12 series engines, and, List of Subjects in 14 CFR Part 39 above, will be considered before taking therefore, are included in this AD. Air transportation, Aircraft, Aviation action on the proposed rule. The The FAA has reviewed and approved safety, Safety. proposals contained in this notice may the technical contents of PW Alert be changed in light of the comments Service Bulletin (ASB) No. 5856, The Proposed Amendment received. Revision 1, dated December 13, 1991, Accordingly, pursuant to the Comments are specifically invited on that describes procedures for initial and authority delegated to me by the the overall regulatory, economic, repetitive fluorescent penetrant Administrator, the Federal Aviation environmental, and energy aspects of inspections (FPI) of compressor hubs, Administration proposes to amend part the proposed rule. All comments disks, spacers, and bolted on (rotating) 39 of the Federal Aviation Regulations submitted will be available, both before airseals for cracks, and replacement, if (14 CFR part 39) as follows: and after the closing date for comments, necessary, with serviceable parts. in the Rules Docket for examination by Since an unsafe condition has been PART 39ÐAIRWORTHINESS interested persons. A report identified that is likely to exist or DIRECTIVES summarizing each FAA-public contact develop on other products of this same 1. The authority citation for part 39 concerned with the substance of this type design, the proposed AD would continues to read as follows: proposal will be filed in the Rules require initial and repetitive FPI of Docket. compressor hubs, disks, spacers, and Authority: 49 U.S.C. 106(g), 40101, 40113, Commenters wishing the FAA to bolted on (rotating) airseals for cracks, 44701. acknowledge receipt of their comments and replacement, if necessary, with § 39.13 [Amended] submitted in response to this notice serviceable parts. The actions would be 2. Section 39.13 is amended by must submit a self-addressed, stamped required to be accomplished in adding the following new airworthiness postcard on which the following accordance with the alert service directive: statement is made: ‘‘Comments to bulletin described previously. Docket Number 94–ANE–49.’’ The There are approximately 120 engines Pratt & Whitney: Docket No. 94–ANE–49. postcard will be date stamped and of the affected design in the worldwide Applicability: Pratt & Whitney Models returned to the commenter. fleet. The FAA estimates that 47 engines JFTD12A–4A and –5A, and T73–P–1 and –P– installed on aircraft of U.S. registry 700 turboshaft engines, installed on but not Availability of NPRMs would be affected by this proposed AD, limited to Sikorsky S–64 series and CH–54 series helicopters. Any person may obtain a copy of this that it would take approximately 140 work hours per engine to accomplish Note: This AD applies to each engine NPRM by submitting a request to the identified in the preceding applicability FAA, New England Region, Office of the the proposed actions, and that the provision, regardless of whether it has been Assistant Chief Counsel, Attention: average labor rate is $60 per work hour. modified, altered, or repaired in the area Rules Docket No. 94–ANE–49, 12 New Required parts would cost subject to the requirements of this AD. For England Executive Park, Burlington, MA approximately $40,670 per engine. engines that have been modified, altered, or 01803–5299. Based on these figures, the total cost repaired so that the performance of the impact of the proposed AD on U.S. requirements of this AD is affected, the Discussion operators is estimated to be $2,306,290. owner/operator must use the authority The Federal Aviation Administration The regulations proposed herein provided in paragraph (d) to request approval (FAA) has received reports of cracked would not have substantial direct effects from the FAA. This approval may address compressor hubs, disks, spacers, and either no action, if the current configuration on the States, on the relationship eliminates the unsafe condition, or different bolted on (rotating) airseals installed on between the national government and actions necessary to address the unsafe Pratt & Whitney (PW) Models JFTD12A– the States, or on the distribution of condition described in this AD. Such a 4A and -5A turboshaft engines. These power and responsibilities among the request should include an assessment of the cracked components were found during various levels of government. Therefore, effect of the changed configuration on the overhaul type inspections performed at in accordance with Executive Order unsafe condition addressed by this AD. In no intervals less than the current engine 12612, it is determined that this case does the presence of any modification, overhaul interval. Laboratory analysis of proposal would not have sufficient alteration, or repair remove any engine from several parts from three of these engines federalism implications to warrant the the applicability of this AD. has detected a similar pattern of high preparation of a Federalism Assessment. Compliance: Required as indicated, unless cycle fatigue cracking from multiple For the reasons discussed above, I accomplished previously. origins in compressor disk tierod and certify that this proposed regulation (1) To prevent disk rupture, an uncontained engine failure, and possible damage to the blade attachment pin holes, spacer is not a ‘‘significant regulatory action’’ helicopter, accomplish the following: tierod and lightening holes, and airseal under Executive Order 12866; (2) is not (a) Perform a fluorescent penetrant tierod and lightening holes. This a ‘‘significant rule’’ under the DOT inspection (FPI) of compressor hubs, disks, condition, if not corrected, could result Regulatory Policies and Procedures (44 spacers, and bolted on (rotating) airseals for in disk rupture, an uncontained engine FR 11034, February 26, 1979); and (3) if cracks in accordance with PW Alert Service Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules 54205
Bulletin (ASB) No. 5856, Revision 1, dated 14 CFR Part 71 airspace docket number and be December 13, 1991, as follows: submitted in triplicate to the address [Airspace Docket No. 95±AWP±29] (1) Prior to further flight, for engines that listed above. Commenters wishing the equal or exceed 2,200 hours time in service Proposed Amendment of Class E FAA to acknowledge receipt of their (TIS) since last FPI of affected parts on the Airspace; Bullhead City, AZ comments on this notice must submit effective date of this airworthiness directive with the comments a self-addressed, (AD). AGENCY: Federal Aviation stamped postcard on which the (2) At or before 2,200 hours TIS since last Administration (FAA), DOT. following statement is made: FPI of affected parts on the effective date of ACTION: Notice of proposed rulemaking. ‘‘Comments to Airspace Docket No. 95– this AD, for engines that equal or exceed AWP–29.’’ The postcard will be date/ 1,500 hours TIS but have less than 2,200 SUMMARY: This notice proposes to time stamped and returned to the hours TIS since last FPI of affected parts on amend the Class E airspace area at commenter. All communications the effective date of this AD. Bullhead City, AZ. Additional received on or before the specified (3) At or before 1,500 hours TIS since last controlled airspace is required for closing date for comments will be FPI of affected parts on the effective date of aircraft executing instrument approach considered before taking action on the this AD, for engines that have less than 1,500 procedures at Laughlin/Bullhead proposed rule. The proposal contained hours TIS since last FPI of affected parts on International Airport. The intended in this notice may be changed in light the effective date of this AD. effect of this proposal is to provide of comments received. All comments (4) Prior to further flight, remove cracked adequate controlled airspace for submitted will be available for compressor hubs, disks, spacers, and bolted Instrument Flight Rules (IFR) operations examination in the System Management on (rotating) airseals, and replace with at Laughlin/Bullhead International Branch, Air Traffic Division, at 15000 serviceable parts. Airport, Bullhead City, AZ. Aviation Boulevard, Lawndale, (b) Thereafter, except for engines described DATES: Comments must be received on California 90261, both before and after in paragraph (c) of this AD, perform or before November 27, 1995. repetitive FPI of affected parts for cracks at the closing date for comments. A report ADDRESSES: Send comments on the intervals not to exceed 1,500 hours TIS since summarizing each substantive public last FPI in accordance with PW ASB No. proposal in triplicate to: Federal contact with FAA personnel concerned 5856, Revision 1, dated December 13, 1991. Aviation Administration, Attn: with this rulemaking will be filed in the (c) For all engines inspected in accordance Manager, System Management Branch, docket. AWP–530, Docket No. 95–AWP–29, Air with paragraph (a) or (b) of this AD that have Availability of NPRM zero time second and third stage compressor Traffic Division, P.O. Box 92007, disks installed after the effective date of this Worldway Postal Center, Los Angeles, Any person may obtain a copy of this AD, perform the next FPI of affected parts at California 90009. Notice of Proposed Rulemaking (NPRM) or before 3,000 hours TIS since the last FPI The official docket may be examined by submitting a request to the Federal performed in accordance with paragraph (a) in the Office of the Assistant Chief Aviation Administration, System or (b) of this AD, and thereafter perform Counsel, Western Pacific Region, Management Branch, P.O. Box 92007, repetitive FPI of affected parts for cracks at Federal Aviation Administration, Room Worldway Postal Center, Los Angeles, intervals not to exceed 1,500 hours TIS since 6007, 15000 Aviation Boulevard, California 90009. Communications must the last FPI, in accordance with PW ASB No. Lawndale, California 90261. identify the notice number of this 5856, Revision 1, dated December 13, 1991. An informal docket may also be NPRM. Persons interested in being (d) An alternative method of compliance or examined during normal business at the placed on a mailing list for future adjustment of the compliance time that Office of the Manager, System NPRM’s should also request a copy of provides an acceptable level of safety may be Management Branch, Air Traffic Advisory Circular No. 11–2A which used if approved by the Manager, Engine Division at the above address. describes the application procedures. Certification Office. The request should be FOR FURTHER INFORMATION CONTACT: forwarded through an appropriate FAA Scott Speer, Airspace Specialist, System The Proposal Principal Maintenance Inspector, who may Management Branch, AWP–530, Air The FAA is considering an add comments and then send it to the Traffic Division, Western-Pacific amendment to part 71 of the Federal Manager, Engine Certification Office. Region, Federal Aviation Aviation Regulations (14 CFR part 71) to Note: Information concerning the existence Administration, 15000 Aviation provide additional controlled airspace of approved alternative methods of Boulevard, Lawndale, California 90261, for Instrument Flight Rules (IFR) compliance with this airworthiness directive, telephone (310) 725–6533. procedures at the Laughlin/Bullhead if any, may be obtained from the Engine SUPPLEMENTARY INFORMATION: International Airport, AZ. The intended Certification Office. effect of this proposal is to provide (e) Special flight permits may be issued in Comments Invited adequate Class E airspace for aircraft accordance with sections 21.197 and 21.199 Interested parties are invited to executing the Standard Instrument of the Federal Aviation Regulations (14 CFR participate in this proposed rulemaking Approach Procedure at Laughlin/ 21.197 and 21.199) to operate the aircraft to by submitting such written data, views, Bullhead International Airport, a location where the requirements of this AD or arguments as they may desire. Bullhead, AZ. Class E airspace can be accomplished. Comments that provide the factual basis designations for airspace areas Issued in Burlington, Massachusetts, on supporting the views and suggestions extending upward from 700 feet or more October 11, 1995. presented are particularly helpful in above the surface of the earth are Jay J. Pardee, developing reasoned regulatory published in Paragraph 6005 of FAA decisions on the proposal. Comments Order 7400.9C dated August 17, 1995, Manager, Engine and Propeller Directorate, Aircraft Certification Service. are specifically invited on the overall and effective September 16, 1995, which regulatory, aeronautical, economic, is incorporated by reference in 14 CFR [FR Doc. 95–25994 Filed 10–19–95; 8:45 am] environmental, and energy-related 71.1. The Class E airspace designation BILLING CODE 4910±13±P aspects of the proposal. listed in this document would be Communications should identify the published subsequently in this Order. 54206 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules
The FAA has determined that this 115°00′00′′ W; to lat. 35°30′00′′ N, long. airspace docket number and be proposed regulation only involves an 114°47′00′′ W; thence to the point of submitted in triplicate to the address established body of technical beginning. listed above. Commenters wishing the regulations for which frequent and * * * * * FAA to acknowledge receipt of their routine amendments are necessary to Issued in Los Angeles, California, on comments on this notice must submit keep them operationally current. October 4, 1995. with those comments a self-addressed, Therefore, this proposed regulation—(1) Richard R. Lien, stamped postcard on which the is not a ‘‘significant regulatory action’’ Manager, Air Traffic Division, Western-Pacific following statement is made: under Executive Order 12866; (2) is not Region. ‘‘Comments to Airspace Docket No. 95– a ‘‘significant rule’’ under DOT [FR Doc. 95–26048 Filed 10–19–95; 8:45 am] ANM–17.’’ The postcard will be date/ Regulatory Policies and Procedures (44 BILLING CODE 4910±13±M time stamped and returned to the FR 10034; February 26, 1979); and (3) commenter. All communications does not warrant preparation of a received on or before the specified Regulatory Evaluation as the anticipated 14 CFR Part 71 closing date for comments will be impact is so minimal. Since this is a [Airspace Docket No. 95±ANM±17] considered before taking action on the routine matter that will only affect air proposed rule. The proposal contained traffic procedures and air navigation, it Proposed Establishment of Class E in this notice may be changed in the is certified that this proposed rule Airspace; Wray, CO light of comments received. All would not have a significant economic comments submitted will be available impact on a substantial number of small AGENCY: Federal Aviation for examination at the address listed entities under the criteria of the Administration (FAA), DOT. above both before and after the closing Regulatory Flexibility Act. ACTION: Notice of proposed rulemaking. date for comments. A report summarizing each substantive public List of Subjects in 14 CFR Part 71 SUMMARY: This proposed rule would contact with FAA personnel concerned Airspace, Incorporation by reference, establish the Wray, Colorado, Class E with this rulemaking will be filed in the Navigation (air). airspace. The airspace would docket. accommodate a new instrument The Proposed Amendment approach procedure at Wray Municipal Availability of NPRM’s In consideration of the foregoing, the Airport, Wray, Colorado. The area Any person may obtain a copy of this Federal Aviation Administration would be depicted on aeronautical Notice of Proposed Rulemaking (NPRM) proposes to amend 14 CFR part 71 as charts for pilot reference. by submitting a request to the Federal follows: DATES: Comments must be received on Aviation Administration, System or before November 24, 1995. Management Branch, ANM–530, 1601 PART 71Ð[AMENDED] ADDRESSES: Send comments on the Lind Avenue SW., Renton, Washington 1. The authority citation for 14 CFR proposal in triplicate to: Manager, 98055–4056. Communications must part 71 is revised to read as follows: System Management Branch, ANM–530, identify the notice number of this NPRM. Persons interested in being Authority: 49 U.S.C. 106(g), 40103, 40113, Federal Aviation Administration, Docket No. 95–ANM–17, 1601 Lind placed on a mailing list for future 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– NPRM’s should also request a copy of 1963 Comp., p. 389; 14 CFR 11.69. Avenue SW., Renton, Washington 98055–4056. Advisory Circular No. 11–2A, which § 71.1 [Amended] The official docket may be examined describes the application procedure. 2. The incorporation by reference in at the same address. The Proposal 14 CFR 71.1 of the Federal Aviation An informal docket may also be The FAA is considering an Administration Order 7400.9C, Airspace examined during normal business hours amendment to part 71 of the Federal Designations and Reporting Points, at the address listed above. dated August 17, 1995, and effective Aviation Regulations (14 CFR part 71) to FOR FURTHER INFORMATION CONTACT: establish Class E airspace at Wray, September 16, 1995, is amended as James Frala, ANM–535/A, Federal follows: Colorado, to accommodate a new Aviation Administration, Docket No. instrument approach procedure at Wray Paragraph 6005 Class E airspace areas 95–ANM–17, 1601 Lind Avenue SW., Municipal Airport. The area would be extending upward from 700 feet or more Renton, Washington 98055–4056; depicted on aeronautical charts for pilot above the surface of the earth. telephone number: (206) 227–2535. reference. The coordinates for this * * * * * SUPPLEMENTARY INFORMATION: airspace docket are based on North American Datum 83. Class E airspace AWP AZ E5 Bullhead City, AZ. [Revised] Comments Invited Laughlin/Bullhead International Airport, AZ areas extending upward from 700 feet or (Lat. 35°08′50′′ N, long. 114°33′32′′ W) Interested parties are invited to more above the surface of the earth are Neeles VORTAC, CA participate in this proposed rulemaking published in Paragraph 6005 of FAA (Lat. 34°45′58′′ N, long. 114°28′27′′ W) by submitting such written data, views, Order 7400.9C dated August 17, 1995, That airspace extending upward from 700 or arguments as they may desire. and effective September 16, 1995, which feet above the surface within a 6-mile radius Comments that provide the factual basis is incorporated by reference in 14 CFR of the Laughlin/Bullhead International supporting the views and suggestions 71.1. The Class E airspace designation Airport and within 3 miles each side of the presented are particularly helpful in listed in this document would be ° Needles VORTAC 350 radial extending from developing reasoned regulatory published subsequently in the Order. the 6-mile radius to 10 miles south of the decisions on the proposal. Comments The FAA has determined that this Laughlin/Bullhead International Airport. are specifically invited on the overall proposed regulation only involves an That airspace extending upward from 1,200 feet above the surface bounded by a line regulatory, aeronautical, economic, established body of technical beginning at lat. 34°55′00′′ N, long. environmental, and energy-related regulations for which frequent and 114°36′00′′ W; to lat. 35°07′00′′ N, long. aspects of the proposal. routine amendments are necessary to 115°00′00′′ W; to lat. 35°16′00′′ N, long. Communications should identify the keep them operationally current. It, Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules 54207 therefore, (1) is not a ‘‘significant EQUAL EMPLOYMENT OPPORTUNITY ENVIRONMENTAL PROTECTION regulatory action’’ and under Executive COMMISSION AGENCY Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies 29 CFR Ch. XIV 40 CFR Parts 261, 271, and 302 and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant Older Workers Benefit Protection Act [SWH±FRL±5316±4] preparation of a regulatory evaluation as of 1990 (OWBPA) the anticipated impact is so minimal. Extension of Comment Period for the Since this is a routine matter that will AGENCY: Equal Employment Proposed Identification and Listing of only affect air traffic procedures and air Opportunity Commission (EEOC). Hazardous Waste/Dye and Pigment navigation, it is certified that this rule, Industries ACTION: Notice of establishment of when promulgated, will not have a Negotiated Rulemaking Advisory AGENCY: Environmental Protection significant economic impact on a Committee. Agency. substantial number of small entities ACTION: Proposed rule; reopening of under the criteria of the Regulatory comment period. Flexibility Act. SUMMARY: EEOC announces the establishment of a Federal Advisory List of Subjects in 14 CFR Part 71 SUMMARY: The Environmental Protection Committee for Negotiated Rulemaking Agency (EPA or Agency) is reopening Airspace, Incorporation by reference, under Title II of the Older Workers the comment period for the proposed Navigation (air). Benefits Protection Act of 1990 (the listing determination for the dyes and Committee). A Notice of Intent to form The Proposed Amendment pigments industry, which appeared in the Committee was published in the the Federal Register on December 22, In consideration of the foregoing, the Federal Register on August 31, 1995, 60 1994 (see 59 FR 66072–114). The public Federal Aviation Administration FR 45388. comment period for this proposed rule proposes to amend 14 CFR part 71 as was to end on October 17, 1995. The follows: DATES: On or about November 6, 1995, EEOC will file the Committee’s Charter purpose of this notice is to reopen the PART 71Ð[AMENDED] with the General Services comment period to end on November 30, 1995. This reopening of the Administration, the Library of Congress, 1. The authority citation for 14 CFR comment period is provided due to and all Congressional committees with part 71 continues to read as follows: unresolved confidential business jurisdiction over EEOC. Authority: (49 U.S.C. 106(g) 40103, 40113, information (CBI) issues. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– FOR FURTHER INFORMATION CONTACT: DATES: EPA will accept public 1963 Comp., p. 389; 14 CFR 11.69. Joseph N. Cleary, Paul E. Boymel, or comments on this proposed listing John K. Light, ADEA Division, Office of determination until November 30, 1995. § 71.1 [Amended] Legal Counsel, EEOC, 1801 L Street, Comments postmarked after the close of 2. The incorporation by reference in NW., Washington, DC 20507, (202) 663– the comment period will be stamped 14 CFR 71.1 of the Federal Aviation 4692. ‘‘late.’’ Administration Order 7400.9C, Airspace ADDRESSES: The public must send an Designations and Reporting Points, SUPPLEMENTARY INFORMATION: original and two copies of their dated August 17, 1995, and effective comments to EPA RCRA Docket Number September 16, 1995, is amended as I. Nature and Purpose of Committee F–94–DPLP–FFFFF, Room 2616, U.S. follows: EPA, 401 M Street, SW, Washington, Paragraph 6005 Class E airspace areas As explained in the August 31, 1995 DC. The docket is open from 9 a.m. to extending upward from 700 feet or more Federal Register Notice, the Committee 4 p.m., Monday through Friday, above the surface of the earth. is to have a balanced membership excluding Federal holidays. The public * * * * * reflecting various affected interests. The must make an appointment to review Committee will be an advisory docket materials by calling (202) 260– ANM CO E5 Wray, CO committee whose objective is to assist 9327. The public may copy material Wray Municipal Airport, CO from any regulatory docket at no cost for ° ′ ′′ ° ′ ′′ EEOC in developing a Notice of (Lat. 40 06 00 N; long. 102 14 27 W) Proposed Rulemaking (NPRM) under the first 100 pages, and at $0.15 per page That airspace extending upward from 700 Title II of OWBPA, relating to the for additional copies. feet above the surface within a 6.5=mile FOR FURTHER INFORMATION CONTACT: For radius of the Wray Municipal Airport; that enforceability of unsupervised waivers airspace extending upward from 1,200 feet of rights under the Age Discrimination technical information concerning this above the surface bounded by a line in Employment Act of 1967. notice, please contact Wanda Levine, beginning at lat. 40°12′00′′N, long, Office of Solid Waste (5304), U.S. 102°30′00′′W; to lat 40°16′00′′N, long. II. Need for Committee Environmental Protection Agency, 401 102°03′00′′ W; to lat. 39°45′00′′ N, long. M Street, SW, Washington, DC 20460, For the reasons set forth in the August 102°03′00′′ W; to lat. 39°45′00′′N, long. (202) 260–7458. ° ′ ′′ ° ′ ′′ 31, 1995 Federal Register notice, the 102 14 00 W; to lat. 40 00 00 N, long. SUPPLEMENTARY INFORMATION: This ° ′ ′′ 102 30 00 W; thence to point of beginning. Chairman, EEOC, certifies that the proposed rule was issued under Section * * * * * Committee is necessary and in the 3001(b) of RCRA. EPA proposed to list Issued in Seattle, Washington, on October public interest. certain wastes generated during the 4, 1995. Gilbert F. Casellas, production of dyes and pigments Richard E. Prang, Chairman. because these wastes may pose a Acting Assistant Manager, Air Traffic [FR Doc. 95–25985 Filed 10–19–95; 8:45 am] substantial present or potential risk to Division, Northwest Mountain Region. BILLING CODE 6570±07±M human health or the environment when [FR Doc. 95–26049 Filed 10–19–95; 8:45 am] improperly managed. See 59 FR 66072– BILLING CODE 4910±13±M 114 (December 22, 1994) for a more 54208 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules detailed explanation of the proposed ADDRESSES: Submit comments to Mr. and reporting burden related to rule. James A. Balinskas, Analysis Division preparation and submission of CRP’s is These proposed hazardous waste (Code HC), Office of Procurement, estimated to be 600 hours. listings were based in part upon data NASA Headquarters, Washington, DC Notice: Comments may be submitted claimed as confidential by certain dye 20546. Comments on the paperwork to the OMB address shown under and pigment manufacturers. Although burden should also be addressed to the ADDRESSES. EPA hopes to publish these data or Office of Information and Regulatory Time period within which the agency information derived from these data to Affairs of OMB, Attention: Desk Officer is requesting OMB to approve or the extent relevant to the proposed for NASA, Washington, DC 20503. listing, the Agency is unable to do so at disapprove the collection of FOR FURTHER INFORMATION CONTACT: Mr. information: NASA is requesting that the present time due in large part to the James A. Balinskas, (202) 385–0445. issuance of a preliminary injunction OMB approve the proposed revisions to against EPA in Magruder Color Co. v. SUPPLEMENTARY INFORMATION: the collection of information within the next 60 days. EPA, Civ. No. 94–5768 (D.N.J.). EPA is Background pursuing avenues to allow publication In addition, comments may be of the information and hopes to This action revises the NASA FAR submitted to NASA and OMB in order supplement the public record with and Supplement to add a ‘‘Share Savings to help NASA— Clause’’ which was developed as an allow public comment on such (a) evaluate whether the proposed element of the Agency’s Cost Control information prior to issuance of a final collection of information is necessary Initiative. We expect this process will listing. However, because EPA currently for the proper performance of the help identify and eliminate is obligated to publish a final rule by functions of the agency, including counterproductive, outdated or November 30, 1995 pursuant to a whether the information will have redundant activities whether they are consent decree entered in EDF v. practical utility; Browner, Civ. No. 89–0598 (D.D.C.), at mandated by the contract or created as this time EPA is only reopening the a result of the manner in which the (ii) evaluate the accuracy of the comment period until November 30, government is managing the contract. agency’s estimate of the burden of the proposed collection of information 1995. EPA will attempt to seek an Regulatory Flexibility Act extension of that deadline, and if including the validity of the successful, will further extend the NASA certifies that this regulation methodology and assumptions used; comment period. If EPA is unsuccessful will not have a significant economic (iii) enhance the quality, utility, and in obtaining an extension, the comment impact on a substantial number of small clarity of the information to be period will close on November 30, 1995. entities under Regulatory Flexibility Act collected; and (5 U.S.C. 601 et seq.). Dated: October 10, 1995. (iv) minimize the burden of the Elizabeth A. Cotsworth, Paperwork Reduction Act collection of information on those who are to respond, including through the Acting Director, Office of Solid Waste. A copy of the proposed rule has been use of appropriate automated, [FR Doc. 95–25918 Filed 10–19–95; 8:45 am] submitted to OMB for review under electronic, mechanical, or other BILLING CODE 6560±50±P section 3507(d) of the Paperwork technological collection techniques or Reduction Act. other forms of information technology, Title: Cost Reduction Proposal (CRP). e.g., permitting electronic submission of NATIONAL AERONAUTICS AND Summary: The CRP is used by the responses. SPACE ADMINISTRATION contractor to propose cost reduction projects to NASA. List of Subjects in 48 CFR Parts 1816 48 CFR Parts 1816 and 1852 Description of the need for the and 1852 information and proposed use of the Addition of Coverage to NASA FAR information: The Shared Savings Clause Government procurement. Supplement on NASA Shared Savings was developed as an element of the Tom Luedtke, Clause Agency’s Cost Control Initiative. The Deputy Associate Administrator for AGENCY: Office of Procurement, National CRP is a means by which a contractor Procurement. Aeronautics and Space Administration may suggest savings to NASA. The Accordingly, 48 CFR Parts 1816 and (NASA). contracting officer evaluates the CRP in 1852 are proposed to be amended as ACTION: Notice of proposed rulemaking. order to determine whether or not to follows: accept the contractor’s suggestions. If SUMMARY: This rule proposes to amend the CRP is accepted, the contractor PART 1816ÐTYPES OF CONTRACTS the NASA Federal Acquisition becomes eligible for a share of the Regulation Supplement in order to savings. 1. The authority citation for 48 CFR establish the procedures for a ‘‘Shared Description of the likely respondents, Parts 1816 and 1852 continue to read as Savings Clause’’ to be used in including the estimated number of likely follows: solicitations and contracts. The intent of respondents, and proposed frequency of Authority: 42 U.S.C. 2473(c)(1). the clause is to provide an incentive for response to the collection of contractors to identify and implement information: NASA contractors whose 2. Paragraph 1816.7001 is added to significant cost reduction programs. In contracts contain the clause entitled read as follows: return they would be eligible for a share ‘‘Shared Savings’’ may submit a CRP on 1816.7001 Shared Savings Clause. of realized savings which result from their own initiative. The number of those cost-cutting projects once the respondents is estimated to be 10. The contracting officer shall insert the projects are approved by the contracting Estimate of the total annual reporting clause at 1852.216–90, Shared Savings officer. and recordkeeping burden that will Clause, in all solicitations and contracts DATES: Comments must be received on result from the collection of above the simplified acquisition or before December 19, 1995. information: The annual recordkeeping threshold. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules 54209
PART 1852ÐSOLICITATION normal administrative costs of reviewing and resulting from implementing the CRP. If the PROVISIONS AND CONTRACT processing the Cost Reduction Proposal. CRP proposes changes to only a limited CLAUSES (c) General. The contractor shall develop, number of elements of the contract, the ETC’s prepare and submit CRP’s with supporting need only address those portions of the 3. Section 1852.216–90 is added to information, as detailed in paragraph (d) of contract that have been impacted. Each ETC read as follows: this clause, to the Contracting Officer. The shall depict the level of costs incurred on a CRP will describe the proposed cost period basis. If other CRP’s have been 1852.216±90 Shared Savings. reduction activity in sufficient detail to proposed or approved on a contract, the enable the Contracting Officer to evaluate it impact of these CRP’s must be addressed in As prescribed in 1816.7001, insert the and to render an approval or disapproval. the computation of the cost savings to ensure following clause: The Contractor shall share in any net cost that the cost savings identified are Shared Savings savings realized from accepted and attributable only to the CRP under implemented CRP’s in accordance with the consideration in the instant case. (XXX 19XX) terms of this clause. The Contractor’s actual (6) A depiction of each estimate to (a) The Contractor is entitled, under the percentage share of the cost savings shall be complete shall also provide a comparison of provisions of this clause, to share in cost a matter for negotiation with the Contracting costs to be incurred, by period, through the savings resulting from the implementation of Officer, but shall not, in any event, exceed end of the covered contract. cost reduction projects which are presented 50% of the total recognized cost savings. (7) Identification of any other previous to the Government in the form of Cost (d) Computation of cost savings. The submissions of the CRP, including the dates Reduction Proposals (CRP) and approved by contractor is eligible to share in savings submitted, the agencies and contracts the Contracting Officer. These cost reduction realized on the covered contract as a result involved, and the disposition of those projects may require changes to the terms, of implementing approved CRP’s. The cost submittals. conditions or statement of work of this savings to be shared between the Government (f) Administration. contract. Any cost reduction projects must and the Contractor will be derived by (1) The contractor shall submit proposed not, however, revise the essential function or comparing a current estimate to complete CRP’s to the Contracting Officer who shall be service to be provided by the basic contract. (ETC) for the covered contract, as structured responsible for the review. evaluation and (b) Definitions: before implementation of the proposed CRP, approval. Normally, CRP’s should not be (1) Cost savings means savings that result to an ETC which takes into account the entertained for the first year of performance from instituting non-recurring changes to the impact of that CRP. Although a CRP may to allow the Contracting Officer to assess management or structure of the covered result in cost savings that extend far into the performance against the basic requirements. contract, as identified in an approved Cost future, the period over which the contractor If a cost reduction project impacts more than Reduction Proposal. may share in those savings will be limited to a single contract, the contractor may, upon (2) Cost Reduction Proposal means a five years. In extenuating circumstances, this concurrence of the Contracting Officers proposal that recommends alternatives to the five year period may be extended if the responsible for the affected contracts, submit established procedures or organizational contracting officer agrees with the contractors a single CRP which addresses fully the cost support of a contract or group of contracts. proposal, and written concurrence is savings projected on all affected contracts These alternatives must result in a net obtained from the Director, Analysis that contain this Shared Savings Clause. In reduction of contract cost and price to NASA. Division, Office of Procurement, NASA the case of multiple contracts affected, The proposal will include technical and cost Headquarters. Implementation costs of the responsibility for the review and approval of information sufficient to enable the contractor must be considered and the CRP will be a matter to be decided by the Contracting Officer to review the CRP and specifically identified in the revised ETC. affected Contracting Officers. approve or disapprove it. The contractor may Any change in Government costs associated (2) The Contracting Officer shall approve propose changes in other activities that with the covered contract shall also be or disapprove any proposed cost reduction impact performance on their contract, to specifically identified and addressed in the plan within 60 days after receipt. In the event include Government and other contractor CRP. The contractor shall not be entitled, additional time is required, the Contracting operations, if such changes will optimize cost under the provisions of this clause, to share Officer shall notify the Contractor within the savings on their contract. A contractor shall in any cost reductions to the contract that are 60-day period, provide the reason for delay not be entitled to share, however, in any cost the result of changes stemming from any and the expected date of the decision. Failure shavings that are internal to the Government, action other than an approved CRP. This of the Contracting Officer to provide a or which result from changes made to any clause does not limit, however, recovery of response shall not be construed as approval contracts to which they are not a party even any such reimbursements that are allowed as of the CRP. The contractor shall continue to if those changes were proposed as a part of a result of other contract provisions. perform in accordance with the terms and their CRP. (e) Supporting information. As a minimum, conditions of the existing contract until the (3) Covered contract means the contract, the Contractor shall provide the following Contracting Officer executes a contract excluding unexercised options or future supporting information with each CRP: modification incorporating the changes contracts, whether contemplated or not, (1) Identification of the current contract identified by the CRP. The modification shall against which the CRP is submitted. requirement or practice which is targeted for also adjust the contract cost and price, (4) Contractor implementation costs or restructuring. establish the contractors share of cost ‘‘implementation costs’’ means those costs (2) A description of the difference between savings, and establish a payment schedule. the Contractor incurs, or will incur, on the the current process or procedure and the (3) Notwithstanding the overall level of covered contract specifically in the proposed change. This description shall savings computed for any CRP, the contractor development, preparing, submitting, and address how proposed changes will meet shall not be paid any portion of its share of supporting a CRP, as well as those costs the NASA requirements and discuss the cost savings until NASA realizes a positive contractor will incur on the covered contract advantages and disadvantages of the existing cost savings on the covered contract. (i.e., if to make any structural or organizational practice and the proposed changes. implementation costs result in a period of changes in order to implement an approved (3) A list of contract requirements which increased cost as a result of implementation CRP. must be revised, if any, if the CRP is of the CRP). (5) Government costs means internal costs approved, along with proposed revisions. (4) The contractor shall be paid in of NASA or any other Government agency Any changes to NASA, or delegated, contract accordance with a schedule to be established that result directly from developing and management processes should also be with the contracting officer. Normally a implementing the CRP. These may include, addressed. payment of 50% of the contractors share of but are not limited to, costs associated with (4) Detailed cost estimates which reflect the cost savings will be made in the first the administration of the contract or with the implementation costs of the CRP. month after NASA realizes a positive cost such contractually related functions such as (5) An updated ETC for the covered savings on the covered contract. testing, operations, maintenance and logistics contract, unchanged, and an ETC for the (5) Any future restructuring or reorganizing support. These costs do not include the covered contract which reflects changes activity (such as a merger or acquisition) 54210 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules undertaken by the Contractor, or to which the DATES: Public comments received on or SUMMARY: The New England Fishery contractor becomes an involved party, which before November 6, 1995 will be Management Council (Council) will serves to reduce, or reverse the cost savings considered by the Service. hold a 2-day public meeting on October realized from an approved CRP for which the 25–26, 1995, to consider actions contractor has received payment, may be ADDRESSES: Comments may be cause for recomputing the net cost savings submitted to the Director, Fish and affecting New England fisheries in the associated with any approved CRP. The Wildlife Service, c/o Office of exclusive economic zone. Government reserves the right to make an Management Authority, 4401 North DATES: The two sessions of the meeting adjustment to the contractor’s share of cost Fairfax Drive, Room 420(c), Arlington, will begin at 10 a.m. on Wednesday, savings and to receive a refund of moneys Virginia 22203. October 25, 1995, and at 8:30 a.m. on paid if necessary. Such adjustment may only FOR FURTHER INFORMATION CONTACT: Thursday, October 26, 1995, at 8:30 a.m. be made after— ADDRESSES: (i) the contractor is afforded the Kenneth Stansell, Chief, Office of The meeting will be held at opportunity to provide, and discuss with the Management Authority, at the above the King’s Grant Inn, Route 128 at Trask contracting officer, full justification and address, or call (703) 358–2093; fax Lane, Danvers, MA 01923. Requests for support for their actions, and (703) 358–2280. special accommodations should be (ii) advance notification is provided to the SUPPLEMENTARY INFORMATION: The addressed to Douglas G. Marshall, Director, Analysis Division, Office of Service published proposed findings for Executive Director, New England Procurement, NASA Headquarters. issuance of permits for the importation Fishery Management Council, 5 (g) Limitations. Contract requirements that of sport-hunted polar bear trophies on Broadway, Saugus, MA 01906–1097, are imposed by statute shall not be targeted telephone: (617) 231–0422. for cost reduction exercises. The contractor is July 17, 1995 (60 FR 36382). The precluded from receiving reimbursements original comment period ended on FOR FURTHER INFORMATION CONTACT: under this clause and other incentive August 31, 1995. The Service received Douglas G. Marshall, Executive Director, provisions of the contract, if any, for the a request from The Humane Society of New England Fishery Management same cost reductions. the United States, Washington, D.C., Council (617) 231–0422. (h) Disapproval of, or failure to approve, The Humane Society of Canada, SUPPLEMENTARY INFORMATION: any proposed cost reduction proposal will Toronto, Ontario, Canada, and Polar October 25, 1995 Session not be considered a dispute subject to Bears Alive, Tiburon, California, to remedies under the Disputes clause. On October 25, 1995, the Council’s (i) Cost savings paid to the contractor in extend the comment period by 45 days accordance with the provisions of this clause to allow for further review and public meeting will begin with reports do not constitute profit or fee within the opportunity to comment by interested given by the Chairman of the Council, limitations imposed by 10 U.S.C. 2306(d) and parties. The Service has decided to the Executive Director of the Council, 41 U.S.C. 254(b). extend the comment period by 15 days the NMFS Regional Director, the liaison (End of clause) in the interest of meeting their request from the Northeast Fisheries Science as well as the interests of the public and Center of NMFS, the liaison from the [FR Doc. 95–26057 Filed 10–19–95; 8:45 am] organizations who are seeking Mid-Atlantic Fishery Management BILLING CODE 7510±01±M expeditious completion of the Council, and representatives from the regulatory process. Interested U.S. Coast Guard, the Atlantic States organizations and the public are invited Marine Fisheries Commission, and the DEPARTMENT OF THE INTERIOR to comment on concerns as outlined in U.S. Department of State. These reports the July 17 Federal Register. will be followed by an extra report from Fish and Wildlife Service the U.S. Coast Guard on their new Authority: This notice was prepared under enforcement initiatives. 50 CFR Part 18 the authority of the Marine Mammal Protection Act of 1972, as amended (16 During the afternoon session, the Council will begin its formal review of RIN 1018±ADO4 U.S.C. 1361 et seq.). Dated: September 25, 1995. public comments received on Importation of Polar Bear Trophies George T. Frampton, Jr., Amendment 7 to the Fishery Management Plan for the Northeast From Canada; Proposed Rule on Legal Assistant Secretary for Fish and Wildlife and and Scientific Findings to Implement Parks. Multispecies Fishery (FMP). The comment period on the draft Section 104(c)(5)(A) of the 1994 [FR Doc. 95–25995 Filed 10–19–95; 8:45 am] amendment ends on October 18, 1995. Amendments to the Marine Mammal BILLING CODE 4310±55±P Protection Act The Council may also consider recommendations received from the AGENCY: Fish and Wildlife Service, October 18, 1995, Groundfish Interior. DEPARTMENT OF COMMERCE Committee (Committee) meeting regarding the haddock possession limit ACTION: Notice of reopening of comment National Oceanic and Atmospheric and how NMFS will report to the period. Administration Council on the status of experimental SUMMARY: The U.S. Fish and Wildlife 50 CFR Parts 649, 650, and 651 and exempted fisheries operating under Service gives notice that the comment the FMP, both in terms of frequency of period on the proposed legal and [I.D. 101295B] reports and the content of such reports. scientific findings for issuance of permits for the importation of polar New England Fishery Management October 26, 1995 Session bears (Ursus maritimus) taken in sport Council; Meeting The October 26, 1995, session will hunts in Canada, including ones taken, AGENCY: National Marine Fisheries begin with a report on the October 12, but not imported, prior to enactment of Service (NMFS), National Oceanic and 1995, meeting between the Council’s the 1994 Amendments of the Marine Atmospheric Administration (NOAA), United States-Canada Issues Committee Mammal Protection Act will be Commerce. and representatives from Canada and reopened for 15 days to obtain further NMFS. This report will be followed by ACTION: Public meeting. comments. an update on the United States-Canada Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules 54211
October 13, 1995, meeting held to The Council meeting will conclude Blackburn Drive, Gloucester, MA 01930; discuss the status of Atlantic herring with a closed session to address (508)–281–9250. Requests for special management and research. The morning administrative matters. accommodations may be addressed to portion of the session will conclude This meeting is physically accessible the Regional Director located at the with a report on the October 18, 1995, to people with disabilities. Requests for address mentioned above. Advisory Panel meeting of the sign language interpretation or other FOR FURTHER INFORMATION CONTACT: International Commission for auxiliary aids should be directed to Myles Raizin, Resource Policy Analyst, Conservation of Atlantic Tunas. Douglas G. Marshall (see ADDRESSES) at (508)-281-9104. Under the framework for abbreviated least 5 days prior to the meeting date. SUPPLEMENTARY INFORMATION: The rulemaking contained in 50 CFR parts Dated: October 17, 1995. purpose of the meeting is to discuss the 649, 650, and 651, the Council will Richard W. Surdi, development of a protocol for dockside initiate Framework Adjustment 6 to the Acting Director, Office of Fisheries testing for PSP in surf clams and ocean Fishery Management Plan for American Conservation and Management, National quahogs. Representatives of various Lobster (Lobster FMP) to prevent shifts Marine Fisheries Service. government agencies and the surf clam of fishing effort into the lobster fishery [FR Doc. 95–26041 Filed 10–17–95; 2:53 pm] and ocean quahog industry will meet to: because of restrictions on groundfish BILLING CODE 3510±22±F Determine the state of industry interest and on other fisheries. This will be in harvesting surf clams and ocean considered the initial meeting of this quahogs under the requirements of the framework action. 50 CFR Part 652 protocol; identify the factors that may The Council will also hear hinder full implementation of the recommendations from the Lobster [I.D. 101295C] protocol; clearly define or redefine the Committee related to the advance notice Atlantic Surf Clam and Ocean Quahog roles of all participants in implementing of proposed rulemaking on lobster that Fishery; Possible Protocol for Testing the protocol, including any needed discusses the possible withdrawal of the for Paralytic Shellfish Poisoning approvals, agreements, or policy Lobster FMP by NMFS or submission of statements; discuss probable NMFS an amendment by the Secretary of AGENCY: National Marine Fisheries authorization of an experimental fishery Commerce to eliminate any overfishing. Service (NMFS), National Oceanic and to operationally test the protocol; and Finally, the Council may consider the Atmospheric Administration (NOAA), discuss the possibility of reopening Lobster Committee’s recommendations Commerce. Georges Bank to the fishery if the for terms of reference for the review of ACTION: Notice of public meeting. protocol is adopted. the lobster overfishing definition and This meeting is physically accessible assessment methods. SUMMARY: A public meeting will be held to people with disabilities. Requests for The afternoon portion of the October to discuss the protocol for dockside sign language interpretation or other 26 session will feature an update on testing of paralytic shellfish poisoning auxiliary aids should be directed to the proposed management measures for (PSP) toxin in surf clams and ocean Regional Director (see ADDRESSES) at monkfish (goosefish) that will include quahogs and the possible reopening of least 5 days prior to the meeting date. recommendations for total allowable Georges Bank to the fishery if the landings and for trip limits for the protocol is adopted. Dated: October 17, 1995. bycatch fishery. The Council will also DATES: The meeting will be held on Richard W. Surdi, be updated by the Gear Conflict October 24, 1995, from 10:00 a.m. until Acting Director, Office of Fisheries Committee chairperson on the 5:00 p.m. Conservation and Management, National development of an amendment to ADDRESSES: The meeting will be held at Marine Fisheries Service. various fishery management plans the National Marine Fisheries Service, [FR Doc. 95–26042 Filed 10–17–95; 2:53 pm] designed to resolve gear conflict issues. Northeast Regional Office, One BILLING CODE 3510±22±F 54212
Notices Federal Register Vol. 60, No. 203
Friday, October 20, 1995
This section of the FEDERAL REGISTER Blvd., P.O. Box 8944, Vancouver, WA Administration, Department of contains documents other than rules or 98668–8944. Commerce. proposed rules that are applicable to the ACTION: Notice of withdrawal of panel public. Notices of hearings and investigations, Dated: October 13, 1995. committee meetings, agency decisions and J. Sharon Heywood, request. rulings, delegations of authority, filing of Deputy Forest Supervisor. SUMMARY: Notice is hereby given of the petitions and applications and agency [FR Doc. 95–25993 Filed 10–19–95; 8:45 am] statements of organization and functions are Withdrawal of the Request for Panel BILLING CODE 3410±11±M examples of documents appearing in this Review of the final redetermination section. made by the Deputy Minister of National Revenue, Customs, Excise and COMMISSION ON CIVIL RIGHTS Taxation, respecting Machine Tufted DEPARTMENT OF AGRICULTURE Carpeting Originating in or Exported Agenda and Notice of Public Meeting from the United States of America Forest Service of the New Mexico Advisory (Secretariat File No. CDA–95–1904–03). Committee As of September 19, 1995, no Southwest Washington Provincial Complaints were filed pursuant to Rule Advisory Committee Meeting Notice Notice is hereby given, pursuant to the provisions of the rules and 39 of the Rules of Procedure for Article AGENCY: Forest Service, USDA. regulations of the U.S. Commission on 1904 Binational Panel Review, no ACTION: Notice of meeting. Civil Rights, that a meeting of the New Notices of Appearance were filed Mexico Advisory Committee to the pursuant to Rule 40 and no panel has SUMMARY: The Southwest Washington Commission will convene at 1 p.m. and been appointed. Thus there are no Provincial Advisory Committee will adjourn at 4 p.m. on Friday, November ‘‘participants’’ in this review as defined meet on November 8, 1995, in 3, 1995, at the Hyatt Regency Hotel, 330 in Rule 3, therefore, this panel review is Stevenson, Washington, at a location yet Tijeras, N.W., Albuquerque, New terminated. to be determined. The meeting will Mexico 87102. The purpose of the FOR FURTHER INFORMATION CONTACT: begin at 9 a.m. and continue until 4:30 meeting is to discuss civil rights issues James R. Holbein, United States p.m. in New Mexico. Secretary, NAFTA Secretariat, Suite Meeting purpose is to continue Persons desiring additional 2061, 14th and Constitution Avenue, building measures of province health for information, or planning a presentation Washington, DC 20230, (202) 482–5438. the Cowlitz, Lewis, Wind River, and to the Committee, should contact SUPPLEMENTARY INFORMATION: Chapter White Salmon Basins. The Advisory Committee Chairperson Lynda Eaton, 19 of the North American Free-Trade Committee will apply this information 505–326–4338, or Thomas V. Pilla, Agreement (‘‘Agreement’’) establishes a in advising Federal land managers on Acting Director of the Western Regional mechanism to replace domestic judicial implementing the President’s Northwest Office, 213–894–3437 (TDD 213–894– review of final determinations in Forest Plan. Agenda items to be covered 0508). Hearing-impaired persons who antidumping and countervailing duty include: (1) Social and Economic will attend the meeting and require the cases involving imports from a NAFTA Measures of Basin Health, (2) Province services of a sign language interpreter country with review by independent Health Assessment Model and Advisory should contact the Regional Office at binational panels. When a Request for Committee Work, (3) Forest Watershed least five (5) working days before the Panel Review is filed, a panel is Analysis Priorities, (4) Forest scheduled date of the meeting. established to act in place of national Monitoring Program, and (5) Public The meeting will be conducted courts to review expeditiously the final Open Forum. pursuant to the provisions of the rules determination to determine whether it All Southwest Washington Provincial and regulations of the Commission. conforms with the antidumping or Advisory Committee meetings are open countervailing duty law of the country to the public. Interested citizens are Dated at Washington, DC, October 16, 1995. that made the determination. encouraged to attend. The ‘‘open forum’’ Under Article 1904 of the Agreement, provides opportunity for the public to Carol-Lee Hurley, which came into force on January 1, bring issues, concerns, and discussion Chief, Regional Programs Coordination Unit. 1994, the Government of the United topics to the Advisory Committee. The [FR Doc. 95–26044 Filed 10–19–95; 8:45 am] States, the Government of Canada and ‘‘open forum’’ is scheduled near the BILLING CODE 6335±01±P the Government of Mexico established conclusion of this meeting. Interested Rules of Procedure for Article 1904 speakers will need to register prior to Binational Panel Review (‘‘Rules’’). the open forum period. The committee DEPARTMENT OF COMMERCE These Rules were published in the welcomes the public’s written Federal Register on February 23, 1994 comments on committee business at any International Trade Administration (59 FR 8686). time. North American Free Trade Agreement FOR FURTHER INFORMATION CONTACT: Dated: October 13, 1995. (NAFTA), Article 1904 Binational Panel Caratina L. Alston, Direct questions regarding this meeting Reviews: Notice of Withdrawal of Panel United States Deputy Secretary, NAFTA to Mark Maggiora, Public Affairs, at Request (360) 750–5007, or write Forest Secretariat. Headquarters Office, Gifford Pinchot AGENCY: NAFTA Secretariat, United [FR Doc. 95–26046 Filed 10–19–95; 8:45 am] National Forest, 6926 E. Fourth Plain States Section, International Trade BILLING CODE 3510±GT±M Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54213
Notice of Scope Rulings lists within 30 days of the end of each This notice lists scope rulings and quarter. anticircumvention inquiries completed AGENCY: Import Administration, EFFECTIVE DATE: October 20, 1995. between July 1, 1995, and September 30, International Trade Administration, FOR FURTHER INFORMATION CONTACT: 1995, and pending scope clarification Department of Commerce. Ronald M. Trentham, Office of and anticircumvention inquiry requests. ACTION: Notice of scope rulings and Antidumping Compliance, Import The Department intends to publish in anticircumvention inquiries. Administration, International Trade January 1996 a notice of scope rulings Administration, U.S. Department of and anticircumvention inquiries Commerce, 14th Street and Constitution completed between October 1, 1995, SUMMARY: The Department of Commerce Avenue NW., Washington, D.C. 20230; and December 31, 1995, as well as (the Department) hereby publishes a list telephone: (202) 482–4793. of scope rulings and anticircumvention pending scope clarification and inquiries completed between July 1, Background anticircumvention inquiry requests. 1995, and September 30, 1995. In The Department’s regulations (19 CFR The following lists provide the conjunction with this list, the 353.29(d)(8) and 355.29(d)(8)) provide country, case reference number, Department is also publishing a list of that on a quarterly basis the Secretary requester(s), and a brief description of pending requests for scope clarifications will publish in the Federal Register a either the ruling or product subject to and anticircumvention inquiries. The list of scope rulings completed within the request. Department intends to publish future the last three months.
I. Scope Rulings Completed Between July 1, 1995, and September 30, 1995
Country ...... Sweden. A±401±040 ...... Stainless Steel Plate. Armco, Inc., G.O. Carlson, Allegheny Ludlum Corp., and Washington Steel Corp.ÐStavax, Ramax, and 904 L when flat rolled are within the scope of the order. 7/11/95. Country ...... Italy. A±475±401 ...... Certain Brass Fire Protection Products. Giacomini, S.p.A.ÐPressure control (or regulating valves), models A201, A202, and A204 and leader line siamese valve model A99 are outside the scope of the order. 7/28/95. Country ...... People's Republic of China. A±570±502 ...... Iron Construction Castings. Jack's International Trading Associates, Ltd.ÐCast iron, floor area drains (area drains) imported by Jack's are outside the scope of the order. 8/28/95. A±570±504 ...... Petroleum Wax Candles. Concept MarketingÐConcept's Safe-2±Lite candle is outside the scope of the order. 9/28/95. Country ...... Taiwan . A±583±508 ...... Porcelain-on-Steel Cookware. Blair CorporationÐBlair cooking ware items #1101 (seven piece cookware set), #271911 (eight-quart stock pot), and #271921 (twelve-quart stock pot) are outside the scope of the order. 8/18/95. A±583±816 ...... Certain Stainless Steel Butt-Weld Pipe Fittings. Top Line Process Equipment CorporationÐTop Line's stainless steel tube fittings with non-welded end connections, and other products, are outside the scope of the order. 8/4/95. Country ...... Japan. A±588±405 ...... Cellular Mobile Telephones and Subassemblies. Mitsubishi Electric Corporation, Mitsubishi Electronics America, Inc., and Mitsubishi Consumer Electronics America, Inc.Ðthe Mitsubishi model MT1516FOR6A portable cellular telephone (PCT) is outside the scope of the order. 7/19/ 95. Mitsubishi Electric Corporation, Mitsubishi Electronics America, Inc., and Mitsubishi Consumer Electronics America, Inc.Ðthe Mitsubishi MT1292FOR6A and MT1296FOR6A portable cellular telephones (PCTs) are outside the scope of the order. 9/28/95. Matsushita Communications Industrial Corporation of America and its related entitiesÐthe Matsushita EB±3570, EB± 3571, EB±3572, and EB±3578 portable cellular telephones (PCTs) are outside the scope of the order. 9/28/95. A±588±702 Stainless-Steel Butt-Weld Pipe Fittings. Fujikin of America, Inc.ÐCertain gasket raised face seal sleeves and certain stainless steel ``fine-fit'' tube fittings im- ported by Fujikin are outside the scope of the order. 8/4/95. A±588±802 ...... 31¤2′′ Microdisks. Minnesota Mining and Manufacturing Company (3M)Ð3M's 3.5 inch magneto-optical disk is outside the scope of the order. 8/24/95. A±588±823 ...... Professional Electric Cutting Tools. Makita, Inc., Makita U.S.A.ÐMakita's planer-jointer model 2030SC is outside the scope of the order. 7/19/95. Makita, Inc., Makita U.S.A.ÐMakita's chain morticer model 7104L is outside the scope of the order. 8/1/95. Makita, Inc., Makita U.S.A.ÐMakita's concrete planer model PC1100 is outside the scope of the order. 8/30/95.
II. Anticircumvention Rulings Completed Between July 1, 1995, and September 30, 1995: None. III. Scope Inquiries Terminated Between July 1, 1995 and September 30, 1995.
Country ...... People's Republic of China. A±570±504 ...... Petroleum Wax Candles. Boomster Imports Inc.ÐClarification to determine whether Boomster's three-inch cube candle is within the scope of the order. Scope inquiry terminated on 7/6/95. Country ...... Korea. A±588±811 ...... Steel Wire Rope. 54214 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
TSK Korea and Hi-Lex Corp.ÐClarification to determine whether certain motion control cables are within the scope of the order. Scope inquiry terminated on 7/14/95.
IV. Anticircumvention Inquiries Terminated Between July 1, 1995 and September 30, 1995: None. V. Pending Scope Clarification Requests as of September 30, 1995:
Country ...... Canada. A±122±823 ...... Certain Cut-to-Length Carbon Steel Plate. Sidbec-Dosco Inc., and Canberra IndustriesÐClarification to determine whether hot-rolled carbon steel plate containing little or no Cobalt 60 is within the scope of the order. Country ...... Mexico. A±201±802 ...... Gray Portland Cement and Cement Clinker. Cementos de Chihuahua S.A. de C.V. and Mexcement, Inc.ÐClarification to determine whether masonry cement is within the scope of the order. A±201±805 ...... Circular Welded Non-Alloy Steel Pipe. Allied Tube & Conduit Corp., American Tube Co., Century Tube Corp., CSI Tubular Productions, Inc., Laclede Steel Co., LTV Tubular Productions Co., Sawhill Tubular Division, Sharon Tube Co., Tex-Tube Division, Western Tube & Conduit Corp., Wheatland Tube Co.ÐClarification to determine whether pipe produced to API 5L line pipe specifica- tions or to both ASTM A±53 standard pipe specification and the API 5L line pipe specification (dual-certified pipe), when intended for use as standard pipe or when actually used as standard pipe, is within the scope of the order. Af- firmative preliminary scope ruling issued on January 13, 1994. Tubacero International CorporationÐClarification to determine whether circular welded carbon steel piping, 16 inches in outside diameter with 3/8 inch wall thickness, for use in extremely heavy load bearing applications, is within the scope of the order. Country ...... Venezula. A±307±805 ...... Circular Welded Non-Alloy Steel Pipe. Self-initiation. Clarification to determine whether pipe produced to API 5L line pipe specifications or to both ASTM A±53 standard pipe specification and the API 5L line pipe specification (dual-certified pipe), when intended for use as stand- ard pipe or when actually used as standard pipe, is within the scope of the order. Affirmative preliminary scope ruling issued on January 13, 1994. Country ...... Brazil. A±351±809 ...... Circular Welded Non-Alloy Steel Pipe. Allied Tube & Conduit Corp., American Tube Co., Century Tube Corp., CSI Tubular Productions, Inc., Laclede Steel Co., LTV Tubular Productions Co., Sawhill Tubular Division, Sharon Tube Co., Tex-Tube Division, Western Tube & Conduit Corp., Wheatland Tube Co.ÐClarification to determine whether pipe produced to API 5L line pipe specifica- tions or to both ASTM A±53 standard pipe specification and the API 5L line pipe specification (dual-certified pipe), when intended for use as standard pipe or when actually used as standard pipe, is within the scope of the order. Af- firmative preliminary scope ruling issued on January 13, 1994. Country ...... Sweden. A±401±040 ...... Stainless Steel Plate. Armco, Inc., G.O. Carlson, Allegheny Ludlum Corp., and Washington Steel Corp.ÐClarification to determine whether Stavax, Ramax, and 904L when forged are within the scope of the finding. Country ...... France. A±427±078 ...... Sugar. Boiron-Borneman, Inc.ÐClarification to determine whether manufactured homeopathic sugar pellets are within the scope of the finding. Country ...... Germany. A±428±801 ...... Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof. Marquardt SwitchesÐClarification to determine whether certain medium carbon steel balls are within the scope of the order. Country ...... Turkey. A±489±501 ...... Welded Carbon Steel Standard Pipe and Tube Products. Allied Tube and Conduit Corporation, Wheatland Tube Company, Laclede Steel Company, Sharon Tube Company, and Sawhill Tubular Division of Armco, Inc.ÐClarification to determine whether pipe and tube which meets the order's physical specifications, when intended for or actually used as standard pipe and tube, is included within the scope of the order. Country ...... People's Republic of China. A±570±504 ...... Petroleum Wax Candles. Mervyn'sÐClarification to determine whether a candle, article no. 20172, in the shape of a cube is within the scope of the order. A±570±808 ...... Chrome-Plated Lug Nuts. Consolidated International Automotive, Inc.ÐClarification to determine whether certain nickel-plated lug nuts are within the scope of the order. Wheel Plus, Inc.ÐClarification to determine whether imported zinc-plated lug nuts which are chrome-plated in the Unit- ed States are within the scope of the order. A±570±820 ...... Certain Compact Ductile Iron Waterworks (CDIW) Fittings and Glands. Star Pipe Products, Inc.ÐClarification to determine whether ``retainer glands'' are within the scope of the order. Country ...... Korea. A±580±809 ...... Circular Welded Non-Alloy Steel Pipe. Allied Tube & Conduit Corp., American Tube Co., Century Tube Corp., CSI Tubular Productions, Inc., Laclede Steel Co., LTV Tubular Productions Co., Sawhill Tubular Division, Sharon Tube Co., Tex-Tube Division, Western Tube & Conduit Corp., Wheatland Tube Co.ÐClarification to determine whether pipe produced to API 5L line pipe specifica- tions or to both ASTM A±53 standard pipe specification and the API 5L line pipe specification (dual-certified pipe), when intended for use as standard pipe or when actually used as standard pipe, is within the scope of the order. Af- firmative preliminary scope ruling issued on January 13, 1994. Country ...... Taiwan. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54215
A±583±810 ...... Chrome-Plated Lug Nuts. Consolidated International Automotive, Inc.ÐClarification to determine whether certain nickel-plated lug nuts are within the scope of the order. Country ...... Japan. A±588±029 ...... Fishnetting of Man Made Fiber. Trans-Pacific Trading, Inc.ÐClarification to determine whether salmon gill fish netting of man-made fibers are within the scope of the order. A±588±405 ...... Cellular Mobile Telephones and Subassemblies. TDK Corporation of AmericaÐClarification to determine whether duplexers, voltage control oscillators, and isolators are within the scope of the order. Matsushita Communication Industrial Corporation of America and related entitiesÐClarification to determine whether Matsushita's EB-H70, EB-H705, EB-H7071, and EB-H7075 portable cellular telephones (PCTs) are within the scope of the order. A±588±702 ...... Stainless Steel Butt-Weld Pipe Fittings. Daido Steel Co., Ltd.ÐClarification to determine whether Primet joint metal seal fittings and Primet joint weld fittings produced by Daido are within the scope of the order. Benkan America, Inc. and Benkan UCT CorporationÐClarification to determine whether the sleeves of clean vacuum couplings (CVCs) and the super-clean microfittings (SCMs) manufactured by Benkan are within the scope of the order. A±588±802 ...... 3 1/2′′ Microdisks. TDK Inc., TDK Electronics Co.ÐClarification to determine whether certain web roll media are within the scope of the order. A±588±804...... Antifriction Bearings (Other Than Tapered Roller Bearings), and Parts Thereof. Dana CorporationÐClarification to determine whether an automotive component known variously as a center bracket assembly, center bearing assembly, support bracket, or shaft support bearing, is within the scope of the order. A±588±809 ...... Small Business Telephone Systems and Subassemblies and Parts Thereof. Iwatsu America, Inc. and Iwatsu Electric Co.ÐClarification to determine whether certain dual use subassemblies (a call- er ID trunk unit and a station interface circuit card) are within the scope of the order. A±588±810 ...... Mechanical Transfer Presses. Komatsu Ltd.ÐClarification to determine whether certain mechanical transfer press parts exported from Japan are within the scope of the order. A±588±815 ...... Gray Portland Cement and Clinker. Surecrete, Inc.ÐClarification to determine whether New Super Fine Cement manufactured by Nittetsu Cement Co., Ltd., is within the scope of the order.
VI. Pending Anticircumvention Inquiry Requests as of September 30, 1995:
Country ...... Germany. A±428±811 ...... Hot-Rolled Lead and Bismuth Carbon Steel Products. Inland Steel Bar Company and USS Kolbe Steel CompanyÐAnticircumvention inquiry to determine whether a producer of steel in Germany is circumventing the antidumping duty order by shipping leaded steel billets to its wholly-owned subsidiary in the Netherlands, hot-rolling the billets into bars and rods, and then exporting them to the United States. Country ...... Japan. A±588±602 ...... Carbon Steel Butt-Weld Pipe Fittings. U.S. Fittings GroupÐAnticircumvention inquiry to determine whether a producer of carbon steel butt-weld pipe fittings in Japan is circumventing the antidumping duty order by shipping parts to Thailand for processing and importing the fin- ished product into the United States. Negative preliminary determination of circumvention published 9/20/95.
Interested parties are invited to National Institute of Standards and which support component comment on the accuracy of the list of Technology interoperability. pending scope clarification requests. Any program undertaken will be Any comments should be submitted to Announcement of a Meeting To within the scope and confines of The the Assistant Secretary for Import Discuss an Opportunity To Join a Federal Technology Transfer Act of Administration, International Trade Cooperative Research and 1986 (Pub. L. 99–502, 15 U.S.C. 3710a), Administration, Room B–099, U.S. Development Consortium for an Open which provides federal laboratories Department of Commerce, 14th Street Architecture Enhanced Machine including NIST, with the authority to and Constitution Avenue, NW, Controller (EMC) enter into cooperative research Washington, D.C. 20230. agreements with qualified parties. AGENCY: National Institute of Standards Dated: October 13, 1995. Under the law, NIST may provide and Technology, Commerce. ‘‘personnel, service, facilities, Joseph A. Spetrini, ACTION: Notice of public meeting. equipment or other resources with or Deputy Assistant Secretary for Compliance. without reimbursement (but not funds [FR Doc. 95–26045 Filed 10–19–95; 8:45 am] SUMMARY: The National Institute of to non-federal parties)’’—to the BILLING CODE 3510±DS±P Standards and Technology (NIST) cooperative research program. invites interested parties to attend a The meeting will be held on Friday meeting on December 1, 1995 to discuss December 1, 1995 at 8:30 a.m., Room the possibility of setting up a 126, Building 304, at NIST in cooperative research consortium to Gaithersburg, MD, for interested parties. reduce the life-cycle cost of machine The meeting will discuss the possible tool controllers by developing public formation of a research consortium domain open system interface standards 54216 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices industry to conduct research in this Commerce (Secretary) on February 17, services to be furnished by nonprofit area. This is not a grant program. 1971, to advise the Secretary on all agencies employing persons who are DATES: The meeting will be held on living marine resource matters that are blind or have other severe disabilities. December 1, 1995. Interested parties the responsibility of the Department of COMMENTS MUST BE RECEIVED ON OR should contact NIST to confirm their Commerce. This Committee ensures that BEFORE: November 20, 1995. attendance at the address, telephone the living marine resource policies and ADDRESSES: Committee for Purchase number or FAX number shown below programs of this Nation are adequate to From People Who Are Blind or Severely no later than November 23, 1995. meet the needs of commercial and Disabled, Crystal Square 3, Suite 403, ADDRESSES: The meeting will be held at recreational fishermen, and 1735 Jefferson Davis Highway, 8:30 a.m., Room 126, Building 304, environmental, state, consumer, Arlington, Virginia 22202–3461. National Institute of Standards and academic, and other national interests. FOR FURTHER INFORMATION CONTACT: Technology, Gaithersburg, MD. Matters to be Considered Beverly Milkman (703) 603–7740. FOR FURTHER INFORMATION CONTACT: Fred SUPPLEMENTARY INFORMATION: This November 7, 1995—Subcommittee Proctor, Building 220, Room B127, notice is published pursuant to 41 Meetings National Institute of Standards and U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its Technology, Gaithersburg, MD 20899. (1) Steering Committee; purpose is to provide interested persons Telephone: 301–975–3425; FAX: 301– (2) Marine Recreational Fisheries an opportunity to submit comments on 990–9688; e-mail: [email protected]. Committee; the possible impact of the proposed Dated: October 13, 1995. (3) Protected Resources/Habitat actions. Committee; If the Committee approves the Samuel Kramer, (4) Seafood Markets and Trade proposed additions, all entities of the Associate Director. Committee; and, Federal Government (except as [FR Doc. 95–25983 Filed 10–19–95; 8:45 am] (5) Commercial Fisheries Committee. otherwise indicated) will be required to BILLING CODE 3510±13±M procure the services listed below from November 8, 1995 nonprofit agencies employing persons (1) Report of subcommittees; who are blind or have other severe National Oceanic and Atmospheric (2) Report of Bycatch Task Force on disabilities. Administration field trip findings; I certify that the following action will [I.D. 101395C] (3) Report on the NMFS budget(s); not have a significant impact on a and substantial number of small entities. Marine Fisheries Advisory Committee; (4) Report on the National Habitat The major factors considered for this Public Meetings Program. certification were: 1. The action will not result in any AGENCY: National Marine Fisheries November 9, 1995 additional reporting, recordkeeping or Service (NMFS), National Oceanic and (1) Report of subcommittees; other compliance requirements for small Atmospheric Administration (NOAA), (2) Report on the U.N. Treaty on entities other than the small Commerce. Straddling Stocks; organizations that will furnish the ACTION: Notice of public meetings. (3) Open panel discussion. services to the Government. 2. The action does not appear to have SUMMARY: Notice is hereby given of Special Accommodations a severe economic impact on current meetings of the Marine Fisheries These meetings are physically contractors for the services. Advisory Committee (MAFAC) from accessible to people with disabilities. 3. The action will result in November 7 to November 9, 1995. Requests for sign language authorizing small entities to furnish the DATES: The meetings are scheduled as interpretation or other auxiliary aids services to the Government. follows: should be directed to MAFAC (see 4. There are no known regulatory 1. November 7, 1995 10 a.m. - 4 p.m.; ADDRESSES). alternatives which would accomplish 2. November 8, 1995, 8:30 a.m. - 5 the objectives of the Javits-Wagner- Dated: October 13, 1995. p.m.; and O’Day Act (41 U.S.C. 46–48c) in 3. November 9, 1995, 8:30 a.m. - 11:00 Gary Matlock, connection with the services proposed a.m. Program Management Officer, National for addition to the Procurement List. Marine Fisheries Service. ADDRESSES: The meeting will be held at Comments on this certification are the Portland Hilton, 921 SW. Sixth Ave, [FR Doc. 95–26010 Filed 10–19–95; 8:45 am] invited. Commenters should identify the Portland, OR. BILLING CODE 3510±22±F statement(s) underlying the certification Requests for special accommodations on which they are providing additional may be directed to MAFAC, information. Management Services Office, National COMMITTEE FOR PURCHASE FROM The following services have been Marine Fisheries Service, 1315 East- PEOPLE WHO ARE BLIND OR proposed for addition to Procurement West Highway, Silver Spring, MD SEVERELY DISABLED List for production by the nonprofit 20910. agencies listed: FOR FURTHER INFORMATION CONTACT: Procurement List Proposed Additions Acquisition & Distribution of D-Cell Batteries (6135–00–835–7210) Richard Wheeler, Executive Secretary; AGENCY: Committee for Purchase From telephone: (301) 713–2259. Defense General Supply Center, Richmond, People Who Are Blind or Severely Virginia SUPPLEMENTARY INFORMATION: As Disabled. NPA: Eastern Carolina Vocational Center, required by section 10(a)(2) of the ACTION: Proposed Additions to Inc., Greenville, North Carolina Federal Advisory Committee Act, 5 Procurement List. Grounds Maintenance, Basewide, Tinker Air U.S.C. App. (1982), notice is hereby Force Base, Oklahoma given of a meeting of MAFAC. MAFAC SUMMARY: The Committee has received NPA: Oklahoma Goodwill Industries, Inc., was established by the Secretary of proposals to add to the Procurement List Oklahoma City, Oklahoma Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54217
Janitorial/Custodial, DITCO Buildings 3600, are suitable for procurement by the DEPARTMENT OF DEFENSE 3178 and 3179, Scott Air Force Base, Federal Government under 41 U.S.C. Illinois 46–48c and 41 CFR 51–2.4. Office of the Secretary NPA: Challenge Unlimited, Inc., Alton, I certify that the following action will Illinois Government-Industry Advisory not have a significant impact on a Janitorial/Custodial, for the following Committee on the Operation and substantial number of small entities. Albuquerque, New Mexico locations: Modernization of the National Defense The major factors considered for this Petroglyph National Monument Stockpile Headquarters, 6001 Unser Boulevard certification were: NW. 1. The action will not result in any ACTION: Notice of meeting. Petroglyph National Monument Visitor additional reporting, recordkeeping or SUMMARY: The fourth meeting of this Center and Ranger Station, 4735 Unser other compliance requirements for small committee will be held on November 2, Boulevard NW. entities other than the small NPA: RCI, Inc., Albuquerque, New Mexico 1995, in Charlotte, NC. The location for organizations that will furnish the the meeting has not been determined at Janitorial/Custodial, U.S. Army Reserve commodities and services to the Centers, 6510 Bonny Oaks Drive and East the time of this notice. The meeting is Government. 23rd Street, Chattanooga, Tennessee open to the public. This committee was NPA: Chattanooga Goodwill Industries, Inc., 2. The action does not appear to have established under Public Law 102–484. Chattanooga, Tennessee a severe economic impact on current The meeting times and agenda are as Recycling Service, Westover Air Reserve contractors for the commodities and follows: Base, Chicopee, Massachusetts services. TIME: November 2, 9:00 a.m. to 2:00 p.m. NPA: For Community Services, Inc., 3. The action will result in AGENDA: The Committee will receive Chicopee, Massachusetts authorizing small entities to furnish the reports from the two working groups Recycling Service, McGuire Air Force Base, commodities and services to the established at the previous meeting. One New Jersey Government. NPA: Occupational Training Center of group will discuss the sales practices of Burlington Co., Inc., Mt. Holly, New 4. There are no known regulatory the Stockpile and the second group will Jersey alternatives which would accomplish discuss the modernization of the Beverly L. Milkman, the objectives of the Javits-Wagner- Stockpile. O’Day Act (41 U.S.C. 46–48c) in Executive Director. For additional information and for the connection with the commodities and [FR Doc. 95–26012 Filed 10–19–95; 8:45 am] meeting location contact Mr. Tom services proposed for addition to the Meeker at 703–767–6476. BILLING CODE 6820±33±P Procurement List. Dated: October 16, 1995. Accordingly, the following L.M. Bynum, Procurement List Additions commodities and services are hereby added to the Procurement List: Alternate OSD Federal Register Liaison Officer, Department of Defense. AGENCY: Committee for Purchase From Commodities People Who Are Blind or Severely [FR Doc. 95–25999 Filed 10–19–95; 8:45 am] Disabled. Securities and Exchange Commission BILLING CODE 5000±04±M Confidential Microfiche (GPO Program ACTION: Additions to the Procurement C557–S) List. 7690–00–NSH–0083 Department of the Army SUMMARY: (Requirements for the Securities & Exchange This action adds to the Final Environmental Impact Statement Procurement List commodities and Commission) Vest, High Visibility (FEIS) on the Disposal and Reuse of services to be to be furnished by Jefferson Proving Ground, Madison, IN nonprofit agencies employing persons 8415–01–394–0216 who are blind or have other severe Services AGENCY: Department of Defense, United disabilities. Janitorial/Custodial, Edward Hines, Jr. VA States Army. EFFECTIVE DATE: November 20, 1995. Hospital, VABDC Building #215, Hines, ACTION: Notice of availability. ADDRESSES: Committee for Purchase Illinois SUMMARY: The proposed action From People Who Are Blind or Severely Janitorial/Custodial, U.S. Military Academy, Pershing Center, Buildings 2101, 2104, evaluated by this FEIS is the disposal of Disabled, Crystal Square 3, Suite 403, 2107 and 2113, West Point, New York Jefferson Proving Ground (JPG). 1735 Jefferson Davis Highway, Janitorial/Custodial, Parkersburg AMSA, This action will result in the disposal Arlington, Virginia 22202–3461. Parkersburg, West Virginia of 55,264 acres of excess property at JPG FOR FURTHER INFORMATION CONTACT: Janitorial/Custodial, Parkersburg U.S. Army in accordance with the Defense Base Beverly Milkman (703) 603–7740. Reserve Center, Parkersburg, West Closure and Realignment Act of 1988, Virginia SUPPLEMENTARY INFORMATION: On August Janitorial/Custodial, Valley Grove AMSA, Public Law 100–526. The FEIS 4 and 25, 1995, the Committee for Valley Grove, West Virginia addresses the environmental and Purchase from People who are Blind or Switchboard Operation, Department of socioeconomic effects of the disposal Severely Disabled published notices (60 Veterans Affairs Medical Center, and subsequent reuse of the 55,264 FR 39947 and 44319 ) of proposed Decatur, Georgia acres. Three alternative methods of additions to the Procurement List. After disposal are analyzed: Encumbered This action does not affect current consideration of the material presented Disposal, Unencumbered Disposal and contracts awarded prior to the effective to it concerning capability of qualified Retention of the Property in a Caretaker date of this addition or options nonprofit agencies to provide the Status (i.e., the No Action Alternative). commodities and service, fair market exercised under those contracts. The Encumbered Disposal Alternative price, and impact of the additions on Beverly L. Milkman, addresses natural or man-made the current or most recent contractors, Executive Director. encumbrances to the future reuse. The the Committee has determined that the [FR Doc. 95–26013 Filed 10–19–95; 8:45 am] Unencumbered Disposal Alternative commodities and services listed below BILLING CODE 6820±33±P evaluates the potential to remove 54218 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices encumbrances, thereby allowing the further information, please contact Michelle OOCC, Ballston Tower One, 800 North property to be disposed with fewer or Diaz at (703) 695–0781. Quincy Street, Arlington, Virginia no Army-imposed restrictions on future Michelle P. Diaz, 22217–5660, telephone (703) 696–4001. use. The impacts of reuse are evaluated Acting Administrative Officer, Army Science in terms of low, medium and high land Board. Dated: October 11, 1995. use intensities. [FR Doc. 95–26020 Filed 10–19–95; 8:45 am] M.D. Schetzsle, No significant environmental or BILLING CODE 3710±08±M human health effects are anticipated for LT, JAGC, USNR, Alternate Federal Register any of the three disposal alternatives. Army Science Board; Closed Meeting Liaison Officer. Medium and high intensity reuse of certain study areas would have long- In accordance with Section 10(a)(2) of [FR Doc. 95–26034 Filed 10–19–95; 8:45 am] term significant impacts on various the Federal Advisory Committee Act BILLING CODE 3810±FF±P environmental resources. Hazardous (Pub. L. 92–463), announcement is waste remediation in the contonment made of the following Committee Meeting: area will have a beneficial effect on Notice of Prospective Exclusive or soils, surface water, and groundwater. Name of Committee: Army Science Board Partially Exclusive Licenses; William Mitigation measures that future owners (ASB) D. Sterling/Robert F. Gampper and Date of Meeting: 27 October 1995 could take include exercise of discretion Santa Fe Laser Company in land use planning and infrastructure Time of Meeting: 0900–1500 development. Adherence to deed Place: Austin, TX Agenda: The Army Science Board’s (ASB) SUMMARY: Messrs. William D. Sterling restrictions and enforcement of zoning, Ad Hoc Study on ‘‘Tank Modernization’’ will subdivision regulation, and building meet for briefings and discussions on and Robert F. Gampper have applied for permits could help maintain visual electromagnetic and electrothermal chemical an exclusive license to practice the resources inherent at the JPG site. gun propulsion and hypervelocity physics. Government owned invention described This meeting will be closed to the public in in U.S. Patent No. 5,244,196 entitled ADDRESSES: Copies of the Final accordance with Section 552b(c) of Title 5, ‘‘Internally Folded Scalable Laser’’ Environmental Impact Statement can be U.S.C., specifically paragraph (1) thereof, and issued September 28, 1993; and the obtained by writing or calling Mr. James Title 5, U.S.C., Appendix 2, subsection 10(d). Santa Fe Laser Company has also Davidson, at the U.S. Army Materiel The classified and unclassified matters to be applied for an exclusive license to Command, ATTN: AMCSO, 5001 discussed are so inextricably intertwined so Eisenhower Avenue, Alexandria, VA as to preclude opening any portion of this practice the same invention. The meeting. For further information, please 22333–0001, (703) 274–5510. Department of the Navy is considering contact Michelle Diaz at (703) 695–0781. the granting to either one or both of Dated: October 13, 1995. Michelle P. Diaz, these entities a revocable, Raymond J. Fatz, Acting Administrative Officer, Army Science nonassignable, exclusive or partially Acting Deputy Assistant Secretary of the Board. exclusive license(s) in the United States Army (Environment, Safety and Occupational [FR Doc. 95–26007 Filed 10–19–95; 8:45 am] to practice to aforedescribed invention. Health), OASA, (I,L&E). BILLING CODE 3710±08±M [FR Doc. 95–26043 Filed 10–19–95; 8:45 am] Anyone wishing to object to the BILLING CODE 3710±08±M granting of licenses to either or both of Department of the Navy these prospective licensees has 60 days Intent To Grant Exclusive Patent from the date of this notice to file Army Science Board; Closed Meeting License; Santa Fe Laser Company written objections along with supporting evidence, if any. Written In accordance with section 10(a)(2) of SUMMARY: The Department of the Navy objections are to be filed with the Office the Federal Advisory Committee Act hereby gives notice of its intent to grant of Naval Research, ONR, OOCC, (Pub. L. 92–463), announcement is to Santa Fe Laser Company a revocable, Ballston Tower One, Arlington, Virginia made of the following Committee non-assignable exclusive license in the 22217–5660. Meeting: United States to practice the Government-owned inventions Name of Committee: Army Science Board FOR FURTHER INFORMATION CONTACT: Mr. described in U.S. Patents Nos. (ASB). R.J. Erickson, Staff Patent Attorney, 5,121,402, ‘‘Multiple Element Ring Date of Meeting: October 18, 1995. Office of Naval Research, ONR, OOCC, Laser,’’ issued June 9, 1992; and Time of Meeting: 0900–1600. Ballston Tower One, 800 North Quincy Place: Pentagon—Washington, DC. 5,285,467, ‘‘Compact, Efficient, Scalable Neodymium Laser Co-doped with Street, Arlington, Virginia 22217–5660, Agenda: The Army Science Board’s telephone (703) 696–4001. Research and Advanced Concepts Issue Activator Ions and Pumped by Visible Laser Diodes,’’ issued February 8, 1994. Group on ‘‘Decisive Infantry Weapons’’ will Dated: October 10, 1995. meet to determine the need for a study on the Anyone wishing to object to the granting of this license has 60 days from availability of new technology that M.D. Schetzsle, substantially enhances the state of the art in the date of this notice to file written offensive infantry weaponry. This meeting objections along with supporting LT, JAGC, USNR, Alternate Federal Register will be closed to the public in accordance evidence, if any. Written objections are Liaison Officer. with section 552b(c) of title 5, U.S.C., to be filed with the Office of Naval specifically subparagraph (4) thereof, and Research, ONR OOCC, Ballston Tower [FR Doc. 95–26035 Filed 10–19–95; 8:45 am] Title 5, U.S.C., Appendix 2, subsection 10(d). One, Arlington, Virginia 22217–5660. BILLING CODE 3810±FF±P The proprietary matters to be discussed are FOR FURTHER INFORMATION CONTACT: Mr. so inextricably intertwined so as to preclude R. J. Erickson, Staff Patent Attorney, opening any portion of this meeting. For Office of the Naval Research, ONR Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54219
DEPARTMENT OF DEFENSE applicable schedule. To place orders, this collection of information, including firms will submit the initial FEDSTRIP suggestions for reducing this burden, or GENERAL SERVICES or MILSTRIP requisitions or the obtaining a copy of the justification, ADMINISTRATION Optional Form 347, a copy of the should be submitted to: General authorization to order, and a statement Services Administration, FAR NATIONAL AERONAUTICS AND regarding authorization to the firm Secretariat (VRS), 18th & F Streets, NW., SPACE ADMINISTRATION holding the schedule contract. Room 4037, Washington, DC 20405. The information informs the schedule Please cite OMB Control No. 9000–0032, [OMB Control No. 9000±0031] contractor that the ordering contractor is Contractor Use of Interagency Motor Request for Public Comments authorized to use this Government Pool Vehicles, in all correspondence. supply source and fills the ordering Regarding OMB Clearance Entitled FOR FURTHER INFORMATION CONTACT: Contractor Use of Government Supply contractor’s order under the terms of the Government contract. Ms. Linda Klein, Office of Federal Sources Acquisition Policy, GSA (202) 501– B. Annual Reporting Burden AGENCIES: Department of Defense (DOD), 3775. Public reporting burden for this General Services Administration (GSA), SUPPLEMENTARY INFORMATION: and National Aeronautics and Space collection of information is estimated to Administration (NASA). average 15 minutes per response, A. Purpose including the time for reviewing ACTION: Notice of request for public If it is in the best interest of the instructions, searching existing data comments regarding an extension to an Government, the contracting officer may sources, gathering and maintaining the existing OMB clearance (9000–0031). authorize cost-reimbursement data needed, and completing and contractors to obtain, for official reviewing the collection of information. SUMMARY: Under the provisions of the purposes only, interagency motor pool Paperwork Reduction Act of 1995 (44 The annual reporting burden is estimated as follows: Respondents, 300; vehicles and related services. U.S.C. Chapter 35), the Federal Contractors’ requests for vehicles must Acquisition Regulation (FAR) responses per respondent, 7; total annual responses, 2,100; preparation contain two copies of the agency Secretariat will be submitting to the authorization, the number of vehicles Office of Management and Budget hours per response, .25; and total response burden hours, 525. and related services required and period (OMB) a request to review and approve of use, a list of employees who are an extension of a currently approved Dated: October 13, 1995. authorized to request the vehicles, a information collection requirement Beverly Fayson, listing of equipment authorized to be concerning Contractor Use of FAR Secretariat. serviced, and billing instructions and Government Supply Sources. This OMB [FR Doc. 95–26064 Filed 10–19–95; 8:45 am] address. clearance currently expires on February BILLING CODE 6820±EP±M A written statement that the 28, 1996. contractor will assume, without the DATES: Comment Due Date: December [OMB Control No. 9000±0032] right of reimbursement from the 19, 1995. Government, the cost or expense of any ADDRESSES: Comments regarding this Request for Public Comments use of the motor pool vehicles and burden estimate or any other aspect of Regarding OMB Clearance Entitled services not related to the performance this collection of information, including Contractor Use of Interagency Motor of the contract is necessary before the suggestions for reducing this burden, or Pool Vehicles contracting officer may authorize cost- obtaining a copy of the justification, reimbursement contractors to obtain AGENCIES: Department of Defense (DOD), should be submitted to: General interagency motor pool vehicles and General Services Administration (GSA), Services Administration, FAR related services. Secretariat (VRS), 18th & F Streets, NW, and National Aeronautics and Space Administration (NASA). The information is used by the Room 4037, Washington, DC 20405. Government to determine that it is in ACTION: Notice of request for public Please cite OMB Control No. 9000–0031, the Government’s best interest to Contractor Use of Government Supply comments regarding an extension to an existing OMB clearance (9000–0032). authorize a cost-reimbursement Sources, in all correspondence. contractor to obtain, for official FOR FURTHER INFORMATION CONTACT: SUMMARY: Under the provisions of the purposes only, interagency motor pool Ms. Linda Klein, Office of Federal Paperwork Reduction Act of 1995 (44 vehicles and related services, and to Acquisition Policy, GSA (202) 501– U.S.C. Chapter 35), the Federal provide those vehicles. 3775. Acquisition Regulation (FAR) B. Annual Reporting Burden Secretariat will be submitting to the SUPPLEMENTARY INFORMATION: Office of Management and Budget Public reporting burden for this A. Purpose (OMB) a request to review and approve collection of information is estimated to When it is in the best interest of the an extension of a currently approved average 30 minutes per response, Government and when supplies and information collection requirement including the time for reviewing services are required by a Government concerning Contractor Use of instructions, searching existing data contract, contracting officers may Interagency Motor Pool Vehicles. This sources, gathering and maintaining the authorize contractors to use Government OMB clearance currently expires on data needed, and completing and supply sources in performing certain February 28, 1996. reviewing the collection of information. contracts. Contractors placing orders DATES: Comment Due Date: December The annual reporting burden is under Federal Supply Schedules or 19, 1995. estimated as follows: Respondents, 70; Personal Property Rehabilitation Price ADDRESSES: Comments regarding this responses per respondent, 2; total Schedules must follow the terms of the burden estimate or any other aspect of annual responses, 140; preparation 54220 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices hours per response, .5; and total Claims exceeding $50,000 must be ADDRESSES: Comments regarding this response burden hours, 70. accompanied by a certification that (1) burden estimate or any other aspect of Dated: October 13, 1995. the claim is made in good faith; (2) this collection of information, including Beverly Fayson, supporting data are accurate and suggestions for reducing this burden, or complete; and (3) the amount requested obtaining a copy of the justification, FAR Secretariat. accurately reflects the contract should be submitted to: General [FR Doc. 95–26065 Filed 10–19–95; 8:45 am] adjustment for which the contractor Services Administration, FAR BILLING CODE 6820±EP±M believes the Government is liable. Secretariat (VRS), 18th & F Streets, NW, Contractors may appeal the contracting Room 4037, Washington, DC 20405. [OMB Control No. 9000±0035] officer’s decision by submitting written Please cite OMB Control No. 9000–0056, appeals to the appropriate officials. Report of Shipment, in all Request for Public Comments correspondence. B. Annual Reporting Burden Regarding OMB Clearance Entitled FOR FURTHER INFORMATION CONTACT: Claims and Appeals Public reporting burden for this Ms. Linda Klein, Office of Federal collection of information is estimated to AGENCIES: Department of Defense (DOD), Acquisition Policy, GSA (202) 501– average 1 hour per completion, 3775. General Services Administration (GSA), including the time for reviewing and National Aeronautics and Space instructions, searching existing data SUPPLEMENTARY INFORMATION: Administration (NASA). sources, gathering and maintaining the A. Purpose ACTION: Notice of requests for public data needed, and completing and comments regarding an extension to an reviewing the collection of information. Military (and, as required, civilian existing OMB clearance (9000–0035). The annual reporting burden is agency) storage and distribution points, estimated as follows: Respondents, depots, and other receiving activities SUMMARY: Under the provisions of the 7,5000; responses per respondent, 20; require advance notice of large Paperwork Reduction Act of 1995 (44 total annual responses, 150,000; shipments enroute from contractors’ U.S.C. Chapter 35), the Federal preparation hours per response, 1; and plants. Timely receipt of notices by the Acquisition Regulation (FAR) total response burden hours, 150,000. consignee transportation office Secretariat will be submitting to the precludes the incurring of demurrage Office of Management and Budget Dated: October 16, 1995. and vehicle detention charges. The (OMB) a request to review and approve Beverly Fayson, information is used to alert the receiving an extension of a currently approved FAR Secretariat. activity of the arrival of a large information collection requirement [FR Doc. 95–26066 Filed 10–19–95; 8:45 am] shipment. concerning Claims and Appeals. This BILLING CODE 6820±EP±M′ OMB clearance currently expires on B. Annual Reporting Burden February 28, 1996. Public reporting burden for this DATES: Comment Due Date: December [OMB Control No. 9000±0056] collection of information is estimated to 19, 1995. average 10 minutes per response, ADDRESSES: Comments regarding this Request for Public Comments including the time for reviewing burden estimate or any other aspect of Regarding OMB Clearance Entitled instructions, searching existing data this collection of information, including Report of Shipment sources, gathering and maintaining the suggestions for reducing this burden, or data needed, and completing and AGENCIES: Department of Defense (DOD), reviewing the collection of information. obtaining a copy of the justification, General Services Administration (GSA), should be submitted to: General The annual reporting burden is and National Aeronautics and Space estimated as follows: Respondents, 250; Services Administration, FAR Administration (NASA). Secretariat (VRS), 18th & F Streets, NW, responses per respondent, 4; total ACTION: Notice of request for public Room 4037, Washington, DC 20405. annual responses, 1,000; preparation comments regarding an extension to an Please cite OMB Control No. 9000–0035, hours per response, .167; and total existing OMB clearance (9000–0056). Claims and Appeals, in all response burden hours, 167. correspondence. SUMMARY: Under the provisions of the Dated: October 13, 1995. FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995 (44 Beverly Fayson, Mr. Jack O’Neill, Office of Federal U.S.C. Chapter 35), the Federal FAR Secretariat. Acquisition Policy, GSA (202) 501– Acquisition Regulation (FAR) [FR Doc. 95–26067 Filed 10–19–95; 8:45 am] 3856. Secretariat will be submitting to the BILLING CODE 6820±EP±M SUPPLEMENTARY INFORMATION: Office of Management and Budget (OMB) a request to review and approve A. Purpose an extension of a currently approved [OMB Control No. 9000±0065] information collection requirement It is the Government’s policy to try to Request for Public Comments resolve all contractual issues by mutual concerning Report of Shipment. This OMB clearance currently expires on Regarding OMB Clearance Entitled agreement at the contracting officer’s Overtime level without litigation. Contractor’s February 28, 1996. claims must be submitted in writing to DATES: Comment Due Date: December AGENCIES: Department of Defense (DOD), the contracting officer for a decision. 19, 1995. General Services Administration (GSA), Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54221 and National Aeronautics and Space Dated: October 16, 1995. average 1 hour per response, including Administration (NASA). Beverly Fayson, the time for reviewing instructions, ACTION: Notice of request for public FAR Secretariat. searching existing data sources, comments regarding an extension to an [FR Doc. 95–26068 Filed 10–19–95; 8:45 am] gathering and maintaining the data existing OMB clearance (9000–0065). BILLING CODE 6820±EP±M needed, and completing and reviewing the collection of information. SUMMARY: Under the provisions of the The annual reporting burden is Paperwork Reduction Act of 1995 (44 [OMB Control No. 9000±0108] estimated as follows: Respondents, U.S.C. Chapter 35), the Federal Request for Public Comments 1,000; responses per respondent, 1; total Acquisition Regulation (FAR) Regarding OMB Clearance Entitled annual responses, 1,000; preparation Secretariat will be submitting to the Bankruptcy hours per response, 1; and total Office of Management and Budget response burden hours, 1,000. (OMB) a request to review and approve AGENCIES: Department of Defense (DOD), C. Annual Recordkeeping Burden an extension of a currently approved General Services Administration (GSA), information collection requirement and National Aeronautics and Space The annual recordkeeping burden is concerning Overtime. This OMB Administration (NASA). estimated as follows: Recordkeepers, clearance currently expires on February ACTION: Notice of request for public 1,000; hours per recordkeeper, .25; and 28, 1996. comments regarding an extension to an total recordkeeping burden hours, 250. DATES: Comment Due Date: December existing OMB clearance (9000–0108). Dated: October 13, 1995. 19, 1995. SUMMARY: Under the provisions of the Beverly Fayson, ADDRESSES: Comments regarding this Paperwork Reduction Act of 1995 (44 FAR Secretariat. burden estimate or any other aspect of U.S.C. Chapter 35), the Federal [FR Doc. 95–26069 Filed 10–19–95; 8:45 am] this collection of information, including Acquisition Regulation (FAR) BILLING CODE 6820±EP±M suggestions for reducing this burden, or Secretariat will be submitting to the obtaining a copy of the justification, Office of Management and Budget should be submitted to: General (OMB) a request to review and approve Services Administration, FAR an extension of a currently approved DEPARTMENT OF ENERGY Secretariat (VRS), 18th & F Streets, NW., information collection requirement Room 4037, Washington, DC 20405. concerning Bankruptcy. This OMB Final Environmental Impact Statement Please cite OMB Control No. 9000–0065, clearance currently expires on February for the Safe Interim Storage of Hanford Overtime, in all correspondence. 28, 1996. Tank Wastes at the Hanford Site, Richland, WA FOR FURTHER INFORMATION CONTACT: DATES: Comment Due Date: December Mr. Jack O’Neill, Office of Federal 19, 1995. AGENCY: Department of Energy. Acquisition Policy, GSA (202) 501– ADDRESSES: Comments regarding this ACTION: Notice of availability. 3856. burden estimate or any other aspect of SUPPLEMENTARY INFORMATION: this collection of information, including SUMMARY: The Department of Energy suggestions for reducing this burden, or (DOE), Richland Operations Office is A. Purpose obtaining a copy of the justification, giving notice of the availability of the Federal solicitations normally do not should be submitted to: General Final Environmental Impact Statement specify delivery schedules that will Services Administration, FAR (EIS) for the Safe Interim Storage (SIS) require overtime at the Government’s Secretariat (VRS), 18th & F Streets, NW, of Hanford Tank Wastes (DOE/EIS– expense. However, when overtime is Room 4037, Washington, DC 20405. 0212). The SIS EIS has been prepared required under a contract and it exceeds Please cite OMB Control No. 9000–0108, jointly with the Washington State the dollar ceiling established during Bankruptcy, in all correspondence. Department of Ecology (Ecology). The negotiations, the contractor must FOR FURTHER INFORMATION CONTACT: Ms. Final EIS was prepared in accordance request approval from the contracting Linda Klein, Office of Federal with the requirements of the National officer for overtime. With the request, Acquisition Policy, GSA (202) 501– Environmental Policy Act of 1969 the contractor must provide information 3775. (NEPA); Council on Environmental regarding the need for overtime. Quality regulations implementing SUPPLEMENTARY INFORMATION: NEPA, 40 CFR parts 1500–1508; DOE B. Annual Reporting Burden A. Purpose NEPA Implementing Procedures, 10 Public reporting burden for this Under statute, contractors may enter CFR 1021; and the Washington State collection of information is estimated to into bankruptcy which may have a Environmental Policy Act (SEPA) (WAC average 15 minutes per completion, significant impact on the contractor’s 197–11 and RCW 43.21C). The Final EIS including the time for reviewing ability to perform its Government addresses interim management instructions, searching existing data contract. The Government often does strategies for continued safe storage of sources, gathering and maintaining the not receive adequate and timely notice tank wastes performed under the Tank data needed, and completing and of this event. The subject contract clause Waste Remediation System Program. reviewing the collection of information. requires contractors to notify the Final disposal actions for Hanford tank The annual reporting burden is contracting officer within five days after wastes are being considered in the Tank estimated as follows: Respondents, the contractor enters into bankruptcy. Waste Remediation System EIS, which 1,270; responses per respondent, 1; total is currently in the preliminary draft annual responses, 1,270; preparation B. Annual Reporting Burden stage of preparation. hours per response, .5; and total Public reporting burden for this The Final EIS has been distributed to response burden hours, 635. collection of information is estimated to interested parties, Federal and State 54222 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices agencies, and is available in DOE introduced into Tank 101–SY to stir the replacement cross-site transfer system, reading rooms and designated contents and prevent the build-up and and a retrieval and transfer system in information locations which are sudden release of flammable gases. Tank 102–SY. The existing cross-site identified in this notice. DOE plans to Based on several months of operational transfer system would continue to be issue a Record of Decision on the Final data, the mixer pump has been used until the replacement cross-site EIS in November 1995. determined to successfully mitigate the transfer system becomes operational or ADDRESSES: Requests for copies of the unacceptable generation of flammable the existing cross-site transfer system is Final EIS and for further information on gases. As a result, DOE and Ecology no longer operational. the Final EIS should be directed to: have selected as part of their preferred Truck Transfer Alternative—The Ms. Carolyn C. Haass, TWRS NEPA alternative in the Final SIS EIS, truck transfer alternative would also Document Manager, U.S. Department continued operation of the mixer pump continue to retrieve salt well liquids, of Energy, Richland Operations to resolve the safety issues in Tank 101– but would transfer wastes utilizing truck Office, P.O. Box 550, MSIN S7–51, SY. Mixer pump operation would tankers instead of pipelines. The Richland, WA 99352, (509) 372–2731 continue until final waste disposal alternative would also include Mr. Geoff Tallent, Washington State decisions are reached and implemented constructing and operating a high level Department of Ecology, P.O. Box through the Tank Waste Remediation radioactive waste load and waste unload 47600, Olympia, WA 98504–7600, System EIS. The preferred alternative facilities. This alternative would use (360) 407–7112 evaluated in the Draft SIS EIS, which existing roadways utilizing either a Information on the DOE NEPA included retrieval and dilution of Tank modified tanker trailer truck or a French process may be obtained from: 101–SY into newly constructed double truck the LR–56(H). The alternative would not construct or operate a Ms. Carol Borgstrom, Director, Office of shell tanks, remains in the Final SIS EIS retrieval system in Tank 102–SY. The NEPA Policy and Assistance (EH–42), as a technical alternative to mixer pump continued long-term operation of the U.S. Department of Energy, 1000 operation, although the number of new existing mixer pump in Tank 101–SY Independence Avenue SW., tanks has been reduced from six to two would mitigate its flammable gas safety Washington, DC 20585, (202) 586– based on further studies of required concerns. The existing cross-site transfer 4600 or leave a message at 1–800– mitigation. system would be utilized until the 472–2756 Based on public comments, the purpose and need statement of the Final replacement system is operational. SUPPLEMENTARY INFORMATION: SIS EIS includes waste management and Rail Transfer Alternative—The rail transfer alternative would be identical Background operation activities required prior to the implementation of disposal decisions to the truck transfer alternative except DOE and Ecology issued a Draft EIS under the Tank Waste Remediation wastes would be transported by rail for public comment and published a System EIS. The Final EIS recognizes instead of truck. Notice of Availability in the Federal four specific areas of waste management New Storage Alternative—The new Register July 20th, 1994 (59 FR 39329). requiring interim actions. storage alternative would continue salt During the 45 day comment period, • Removal of salt well liquids from well liquid retrievals and transfer DOE held five public hearings in order old single shell tanks to reduce the wastes through the replacement cross- to obtain public comments on the Draft likelihood of leaks. site transfer system like the preferred SIS EIS. In addition, public comments • Establishment of a compliant cross- alternative, but would resolve the safety were received by mail, a toll-free site waste transfer capability for interim issue of Tank 101–SY by retrieval and telephone line, and facsimile. The storage of tank waste in double shell dilution instead of continued operation comments are summarized and tanks. of the mixer pump. The alternative responded to in Volume 2 of the Final • Maintenance of adequate tank would construct and operate two new SIS EIS. storage capacity for future waste. double-shell tanks and their associated Public comments on the Draft SIS EIS • Mitigate Hydrogen generation in facilities to receive the diluted wastes were assessed and considered both Tank 101–SY. from Tank 101–SY, and install retrieval individually and collectively by DOE These waste management and systems in Tanks 102–SY and 101–SY. and Ecology. Some comments resulted operation activities form the basis for The existing cross-site transfer system in modifications to the EIS. Other the purpose and need statement of the would be utilized until the replacement comments were responded to with an Final SIS EIS. system is operational. explanation of why a change was not No Action Alternative—The no action warranted. The majority of the Alternatives alternative would continued retrieval of responses answered or further explained The alternatives evaluated in the salt well liquids and transfer wastes to technical issues and comments, referred Final SIS EIS have been modified from the extent possible utilizing the existing commentors to information in the SIS those evaluated in the Draft SIS EIS to cross-site transfer system. No new EIS, explained the relationship of this reflect the changes made to the purpose transfer capability would be constructed EIS to other related NEPA documents, and need statement, and reflect the at this time. Operation of the existing communicated government policy, or range of alternatives available to the mixer pump in Tank 101–SY would indicated that the comment was beyond agencies to safely manage high level continue to mitigate its flammable gas the scope of this EIS. In generating the tank wastes until final disposal safety concerns. This alternative would Final SIS EIS, DOE and Ecology decisions are made and implemented. not provide a transfer capability that is considered all comments received on The alternatives evaluated in the Final compliant with current Federal and the Draft. EIS include: State regulations. During the preparation of the Final Preferred Alternative—The preferred SIS EIS, progress was made in the alternative would continue retrieval of Availability of Copies of the Final EIS resolution of unacceptable flammable salt well liquids, and operation of the Copies of the Final SIS EIS are being gas generation and release in Tank 101– existing mixer pump in Tank 101–SY. It distributed to Federal, State, and local SY, the principal safety issue evaluated would construct and operate a new officials and agencies, organizations and in the Draft EIS. A mixer pump was pipeline system, termed the individuals known to be interested in Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54223 the EIS, and persons and agencies that Federal Energy Regulatory filed a Service Agreement and commented on the Draft SIS EIS. Commission Certificates of Concurrence with Commonwealth Electric Company and Additional copies may be obtained by [Docket No. ER95±1857±000, et al.] contacting Ms. Haass or Mr. Tallent at Cambridge Electric Light Company the above addresses. Copies of the Final Green Mountain Power Corporation, et under NEP’s FERC Electric Tariff, SIS EIS, including appendices, reference al.; Electric Rate and Corporate Original Volume No. 6. material, comment letters, public Regulation Filings Comment date: October 27, 1995, in hearing transcripts, and the DOE accordance with Standard Paragraph E October 13, 1995. at the end of this notice. responses to comments, will be Take notice that the following filings available for public review at the 4. Southern Energy Marketing, Inc. have been made with the Commission: locations listed below. [Docket No. ER95–1860–000] 1. Green Mountain Power Corporation The Final EIS is separately bound in Take notice that on September 29, two volumes. Volume 1 contains the [Docket No. ER95–1857–000] 1995, Southern Energy Marketing, Inc. Final EIS document and Volume 2 Take notice that on September 29, (Southern Energy) submitted for filing contains the Public Comment Response 1995, Green Mountain Power an enabling agreement and service document. Corporation (GMP), tendered for filing a schedule executed September 26, 1995 Transmission and Distribution Service between Southern Energy and the DOE Public Reading Rooms Agreement between GMP and Vermont Eugene Water & Electric Board (EWEB). The enabling agreement provides the (1) U.S. Department of Energy, Electric Generation and Transmission general terms and conditions under Headquarters, Freedom of Information Cooperative, Inc. (VEG&T), and a Notice of Cancellation of a Service Agreement which Southern Energy and EWEB Reading Room, 1E–190 Forrestal for service to Vermont Electric propose to engage in power sales and Building, 1000 Independence Avenue, Cooperative, Inc. (VEC) under GMP’s purchase transactions. The service SW., Washington DC 10585, (202) 586– FERC Electric Tariff, First Revised schedule provides for the sale from 6020, Monday–Friday: 9 a.m. to 4 p.m. Volume No. 1. Southern Energy to EWEB of 25 MW of (2) U.S. Department of Energy, GMP states that these filings are being firm, off-peak energy at the rate Richland Operations Office, Public made to accommodate VEC’s desire to specified therein. Service under the Reading Room, Washington State discontinue purchasing its requirements service schedule is scheduled to University Tri-Cities, 100 Sprout Road, for power and energy from GMP and to commence on October 1, 1995 and to Room 130W, Richland, WA 99352, (509) purchase such power and energy in the terminate on March 31, 1996. 376–8583, Monday–Friday: 8 a.m. to 12 future from other suppliers. GMP has Southern Energy requests waiver of the 60-day prior notice requirement to p.m. and 1 p.m. to 4 p.m. requested that the Notice of Cancellation of service to VEC under its permit service under the proposed (3) Suzzallo Library, SM25, University FERC Electric Tariff, First Revised agreement to commence on October 1, of Washington, Seattle, WA 98185, (206) Volume No. 1 be made effective as of 1995. Southern Energy also requests 543–9158, Monday–Thursday: 7:30 February 1, 1995, and that the certain other waivers and blanket a.m.to 12:00 p.m.; Friday: 7:30 a.m. to Transmission and Distribution Service approvals, including waiver of the 6:30 p.m.; Saturday: 9:00 a.m. to 5 p.m.; Agreement with VEG&T be made Commission’s filing requirements to the Sunday: 12 p.m. to 12 midnight. effective on December 1, 1995. extent necessary. (4) Foley Center, Gonzaga University, Comment date: October 27, 1995, in Comment date: October 27, 1995, in accordance with Standard Paragraph E East 502 Boone Avenue, Spokane, WA accordance with Standard Paragraph E at the end of this notice. 99258, (509) 328–4220, Extension 3125. at the end of this notice. (5) Portland State University, 2. Great Bay Power Corporation 5. Public Service Company of Colorado Branford Price Millar Library, SW., [Docket No. ER95–1858–000] [Docket No. ER95–1861–000] Harrison and Park, Portland, OR 97207, Take notice that on September 29, Take notice that on September 29, (503) 725–3690. 1995, Great Bay Power Corporation 1995, Public Service Company of You may also receive a copy of the (Great Bay), tendered for filing a service Colorado (Public Service), tendered for Final EIS by calling the Hanford agreement between CNG Power Services filing a Service Agreement between Cleanup Hotline toll-free 1–800–321– Corporation and Great Bay for service Public Service Company of Colorado 2008. If you have special under Great Bay’s Tariff for Short Term (Public Service) and Holy Cross Electric Association, Inc. (Holy Cross) under accommodation needs, contact Michele Sales. This Tariff was accepted for filing by the Commission on November 15, Public Service’s Electric Coordination Davis at (206) 407–7126 or (206) 407– 1993, in Docket No. ER93–924–000. The Service Tariff (Tariff). The Service 7155 Telecommunications Device for service agreement is proposed to be Agreement will permit Holy Cross to the Deaf (TDD). effective October 1, 1995. Great Bay arrange individual Coordination Power Signed in Richland, WA. this 10th day of states that it plans to amend the Tariff and Energy transactions in accordance October 1995, for the United States shortly and agrees to make the service with Service Schedule A of the Tariff. Department of Energy. agreement subject to the outcome of the Public Service requests that its filing be John D. Wagoner, docket in which the Tariff is revised. made effective on October 1, 1995. Manager, U.S. Department of Energy, Comment date: October 27, 1995, in Comment date: October 27, 1995, in Richland Operations Office. accordance with Standard Paragraph E accordance with Standard Paragraph E [FR Doc. 95–25948 Filed 10–19–95; 8:45 am] at the end of this notice. at the end of this notice. BILLING CODE 6450±01±P 3. New England Power Company 6. Public Service Company of Colorado [Docket No. ER95–1859–000] [Docket No. ER95–1862–000] Take notice that on September 29, Take notice that on September 29, 1995, New England Power Company 1995, Public Service Company of 54224 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
Colorado (Public Service), tendered for Comment date: October 31, 1995, in [Project No. 6901±026 West Virginia] filing a Service Agreement for Non-Firm accordance with Standard Paragraph E Transmission Service between Public at the end of this notice. City of New Martinsville, WV; Notice of Service Company of Colorado and Availability of Final Environmental Standard Paragraph Western Gas Resources Power Assessment E. Any person desiring to be heard or Marketing, Inc. (Western Gas). Public October 16, 1995. Service states that the purpose of this to protest said filing should file a motion to intervene or protest with the A final environmental assessment filing is to provide Non-Firm (FEA) is available for public review. The Transmission Service to Western Gas Federal Energy Regulatory Commission, 825 North Capitol Street, N.E., FEA is for an application to amend the under the provisions of the currently license for the New Cumberland effective Transmission Service tariff, Washington, D.C. 20426, in accordance with Rules 211 and 214 of the Hydroelectric Project. The application is FERC Electric Tariff, Original Volume to reduce the spillflow requirement at No. 1 (Tariff), and, upon its Commission’s Rules of Practice and the project. The FEA finds that approval effectiveness, Public Service’s Point-to- Procedure (18 CFR 385.211 and 18 CFR of the application would not constitute Point Transmission Service Tariff (TST), 385.214). All such motions or protests a major federal action significantly which is currently pending in Docket should be filed on or before the affecting the quality of the human No. ER95–1268–000. Public Service comment date. Protests will be environment. The New Cumberland requests that its filing be made effective considered by the Commission in Hydroelectric Project is located on the September 1, 1995. determining the appropriate action to be Comment date: October 27, 1995, in taken, but will not serve to make Ohio River in Hancock County, West accordance with Standard Paragraph E protestants parties to the proceeding. Virginia and Jefferson County Ohio. The FEA was written by staff in the at the end of this notice. Any person wishing to become a party Office of Hydropower Licensing, must file a motion to intervene. Copies 7. Louisville Gas and Electric Company Federal Energy Regulatory Commission. of this filing are on file with the Copies of the EA can be viewed at the [Docket No. ER95–1863–000] Commission and are available for public Commission’s Reference and Take notice that on September 29, inspection. Information Center, Room 3308, 941 1995, Louisville Gas and Electric Lois D. Cashell, Company tendered for filing copies of a North Capitol Street NW., Washington, Secretary. DC 20426. service agreement between Louisville [FR Doc. 95–25996 Filed 10–19–95; 8:45 am] Gas and Electric Company and Enron For further information, please BILLING CODE 6717±01±P Power Marketing, Inc. under Rate GSS. contact the project manager, Ms. Monica Comment date: October 27, 1995, in Maynard, at (202) 219–2652. accordance with Standard Paragraph E [Project No. 3474±013 North Carolina] Lois D. Cashell, at the end of this notice. Secretary. Lake Junaluska; Notice of Availability [FR Doc. 95–25964 Filed 10–19–95; 8:45 am] 8. Indiana Michigan Power Company of Environmental Assessment BILLING CODE 6717±01±M [Docket No. ER95–1864–000] October 16, 1995. Take notice that on September 29, In accordance with the National [Docket No. CP96±17±000] 1995, American Electric Power Service Environmental Policy Act of 1969 and Corporation (AEPSC), tendered for filing the Federal Energy Regulatory National Fuel Gas Supply Corporation; a Supplement to a service agreement Commission’s (Commission’s) Notice of Application pursuant to which transmission service Regulations, 18 CFR Part 380 (Order is being made available to Indiana October 16, 1995. 486, 52 F.R. 47897), the Commission’s Municipal Power Agency pursuant to Office of Hydropower Licensing has Take notice that on October 6, 1995, AEPSC FERC Electric Tariff Original reviewed an exemption surrender National Fuel Gas Supply Corporation Volume No. 1. Waiver of Notice application for the Lake Junaluska (National Fuel), 10 Lafayette Square, requirements was requested to Project, No. 3474–013. The Lake Buffalo, New York 14203, filed an accommodate an effective date of Junaluska Project is located on Richland application with the Commission in September 1, 1995. Creek in Haywood County, North Docket No. CP96–17–000 pursuant to A copy of the filing was served upon Section 7(b) of the Natural Gas Act IMPA and the affected state regulatory Carolina. The exemptee is applying for a surrender of the exemption because (NGA) for permission and approval to commission. abandon its interests in four lateral lines Comment date: October 27, 1995, in the project is no longer economically viable. An Environmental Assessment connected to the High Island Offshore accordance with Standard Paragraph E System (HIOS), offshore Louisiana, at the end of this notice. (EA) was prepared for the application. The EA finds that approving the which were authorized in Docket Nos. 9. Carolina Energy Limited Partnership application would not constitute a CP77–320, CP79–297, and CP81–269– 000,1 all as more fully set forth in the [Docket No. QF95–291–000] major federal action significantly affecting the quality of the human application which is open to the public On October 4, 1995, and October 10, for inspection. 1995, Carolina Energy Limited environment. Copies of the EA are available for National Fuel proposes to abandon by Partnership (Carolina) tendered for transfer to Tennessee Gas Pipeline filing an amendment to its filing in this review in the Public Reference Branch, Room 3104, of the Commission’s offices Company (Tennessee) the following four docket. lateral lines: The amendment pertains to at 941 North Capitol Street, N.E., Washington, D.C. 20426. A. High Island Lateral Line A–330. information relating to the ownership National Fuel owns a 3.23 percent Lois D. Cashell, structure of Carolina’s small power interest in High Island Lateral Line A– production facility. No determination Secretary. has been made that the submittal [FR Doc. 95–25963 Filed 10–19–95; 8:45 am] 1 5 FERC ¶ 61,300 (1978), 4 FERC ¶ 61,030 (1978), constitutes a complete filing. BILLING CODE 6717±01±M and 17 FERC ¶ 61,103 (1981). Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54225
330, which consists of 1.47 miles of 20- approval for the proposed abandonment request includes a letter from Natural inch diameter pipe and appurtenant are required by the public convenience stating its concurrence with the facilities that connect gas supplies from and necessity. If a motion for leave to abandonment. High Island Blocks A–330 and A–349 intervene is timely filed, or if the Any person or the Commission’s staff and West Cameron Blocks 612 and 613 Commission on its own motion believes may, within 45 days after issuance of to HIOS. that a formal hearing is required, further the instant notice by the Commission, B. High Island Lateral Line A–349. notice of such hearing will be duly file pursuant to Rule 214 of the National Fuel owns a 3.20 percent given. Commission’s Procedural Rules (18 CFR interest in High Island Lateral Line A– Under the procedure herein provided 385.214) a motion to intervene or notice 349, which consists of 1.88 miles of 16- for, unless otherwise advised, it will be of intervention and pursuant to section inch diameter pipe and appurtenant unnecessary for National Fuel to appear 157.205 of the Regulations under the facilities that connect gas supplies from or be represented at the hearing. Natural Gas Act (18 CFR 157.205) a High Island Block A–349 to High Island Lois D. Cashell, protest to the request. If no protest is Lateral Line A–330. Secretary. filed within the time allowed therefor, C. High Island Lateral Line A–563. the proposed activity shall be deemed to National Fuel owns a 2.67 percent [FR Doc. 95–25967 Filed 10–19–95; 8:45 am] BILLING CODE 6717±01±M be authorized effective the day after the interest in High Island Lateral Line A– time allowed for filing a protest. If a 563, which consists of 1.20 miles of 20- protest is filed and not withdrawn inch diameter pipe and appurtenant [Docket No. CP96±20±000] within 30 days after the time allowed facilities that connect a High Island for filing a protest, the instant request Block A–563 production platform with Florida Gas Transmission Company; shall be treated as an application for HIOS. Notice of Request Under Blanket authorization pursuant to Section 7 of D. High Island Lateral Line A–582. Authorization the Natural Gas Act. National Fuel owns a 3.13 percent Lois D. Cashell, interest in High Island Lateral Line A– October 16, 1995. 582, which consists of 0.53 mile of 12- Take notice that on October 10, 1995, Secretary. inch diameter pipe and appurtenant Florida Gas Transmission Company [FR Doc. 95–25966 Filed 10–19–95; 8:45 am] facilities that connect a High Island (FGT), 1400 Smith Street, Houston, BILLING CODE 6717±01±M Block A–582 production platform with Texas 77002, filed in Docket No. CP96– 20–0000 a request pursuant to Sections HIOS. [Docket No. ER95±1836±000] National Fuel states that its interests 157.205 and 157.216 of the in the High Island laterals are fully Commission’s Regulations under the PacifiCorp; Notice of Filing depreciated and that Tennessee would Natural Gas Act (18 CFR 157.205, acquire these facilities from National 157.216) for authorization to abandon a October 16, 1995. Fuel at no cost. meter station and related facilities Take notice that PacifiCorp, on Any person desiring to be heard or to located in Brazoria County, Texas, September 20, 1995, tendered for filing make any protest with reference to said under FGT’s blanket certificate issued in a Firm Energy Purchase and Sale application should on or before Docket No. CP82–553–000 pursuant to Agreement dated July 31, 1995 November 6, 1995, file with the Federal Section 7 of the Natural Gas Act, all as (Agreement) between PacifiCorp and Energy Regulatory Commission, more fully set forth in the request that Bonneville Power Administration Washington, D.C. 20426, a motion to is on file with the Commission and open (Bonneville). intervene or a protest in accordance to public inspection. PacifiCorp requests that a waiver of with the requirements of the FGT proposes to abandon the meter prior notice be granted and that an Commission’s Rules of Practice and station, located on FGT’s 22-inch line in effective date of one (1) day after the Procedure (18 CFR 385.214 or 385.211) Brazoria County, which was installed in date the Commission receives this filing and the Regulations under the NGA (18 1980 under Commission authorization be assigned to the Agreement. CFR 157.10). All protests filed with the in Docket No. CP79–471. It is stated that Copies of this filing were supplied to Commission will be considered by it in the meter station was installed in order Bonneville, the Public Utility determining the appropriate action to be for FGT to make deliveries of up to Commission of Oregon and the taken but will not serve to make the 3,000 MMBtu equivalent of natural gas Washington Utilities and Transportation protestants parties to the proceeding. per day to Natural Gas Pipeline Commission. Any person wishing to become a party Company of America (Natural). It is Any person desiring to be heard or to to a proceeding or to participate as a explained that Natural’s 24-inch protest said filing should file a motion party in any hearing therein must file a mainline is located near FGT’s facilities, to intervene or protest with the Federal motion to intervene in accordance with and in Docket No. CP79–479 (in a joint Energy Regulatory Commission, 825 the Commission’s Rules. order with CP79–471) Natural was North Capitol Street, N.E., Washington, Take further notice that, pursuant to authorized to construct approximately D.C. 20426, in accordance with Rules the authority contained in and subject to 1,300 feet of 3-inch pipeline to connect 211 and 214 of the Commission’s Rules the jurisdiction conferred upon the the two companies’ facilities. It is of Practice and Procedure (18 CFR Federal Energy Regulatory Commission asserted that FGT’s transportation 385.211 and 18 CFR 385.214). All such by Sections 7 and 15 of the NGA and the service, also authorized in the joint motions or protests should be filed on Commission’s Rules of Practice and order, was abandoned by authorization or before October 27, 1995. Protests will Procedure, a hearing will be held of the Commission in Docket No. CP83– be considered by the Commission in without further notice before the 13–000, because Natural’s gas supply determining the appropriate action to be Commission or its designee on this had been depleted. It is stated that the taken, but will not serve to make application if no motion to intervene is meter station would have required protestants parties to the proceeding. filed within the time required herein, if costly repairs and maintenance expense Any person wishing to become a party the Commission on its own review of to be operational and that neither must file a motion to intervene. Copies the matter finds that permission and company could justify the expense. The of this filing are on file with the 54226 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
Commission and are available for public Summary: EPA expressed a lack of NC, Due: December 4, 1995, Contact: inspection. environmental objections to the Nicholas L. Graf (919) 856–4350. Lois D. Cashell, proposed action. EIS No. 950463, Draft Supplement, FHW, KS, South Lawrence Trafficway Secretary. Final EISs [FR Doc. 95–25965 Filed 10–19–95; 8:45 am] Construction, Kansas Turnpike/I–70 ERP No. F–AFS–K65240–CA Barkley to KS–10/Noria Road, New BILLING CODE 6717±01±M Fire Salvage Sale, Implementation, Information Concerning KS–10 on the Lower Deer Creek Management Area, East and US 59 on the West, Funding, Lassen National Forest, Almanor Ranger COE Section 404 Permit and Right-of- ENVIRONMENTAL PROTECTION District, Tehama County, CA. Way Acqusition, Douglass County, AGENCY Summary: Review of the Final EIS KS, Due: December 4, 1995, Contact: was not deemed necessary. No formal Mark Sehr (913) 267–7284. [ER±FRL±5229±9] comment letter was sent to the EIS No. 950464, Draft EIS, COE, FL, preparing agency. Programmatic EIS—Florida’s Environmental Impact Statements and ERP No. F–AFS–L65235–ID Boise Everglades Stormwater Treatment Regulations; Availability of EPA River Wildfire Recovery Project, Area Construction Project, NPDES Comments Implementation, North Fork Boise River and COE Section 404 Permits, and Mores Creek Drainages, Boise Implementation, Lake Okeechobee, Availability of EPA comments Palm Beach and Hendry Counties, FL, prepared October 02, 1995 Through National Forest, Idaho City and Mountain Home Ranger Districts, Boise Due: December 4, 1995, Contact: October 06, 1995 pursuant to the William Porter (904) 232–2259. Environmental Review Process (ERP), and Elmore Counties, ID. Summary: EPA provided no formal EIS No. 950465, Final EIS, NPS, CA, under Section 309 of the Clean Air Act Santa Rosa Island Development and Section 102(2)(c) of the National written comments. EPA had no objection to the preferred alternative as Concept Plan, Implementation and Environmental Policy Act as amended. Funding, Channel Islands National Requests for copies of EPA comments described in the EIS. ERP No. F–BOP–D81025–PA Federal Park, Santa Barbara County, CA, Due: can be directed to the Office of Federal November 20, 1995, Contact: Mack C. Activities at (202) 260–5076. Prison Camp—Scranton, Pennsylvania, Construction, Operation and Site Shaver (805) 658–5700. An explanation of the ratings assigned EIS No. 950466, Final EIS, AFS, WY, Tie to draft environmental impact Selection, Jessup Borough, Lackawanna County, PA. Hack Dam and Reservoir statements (EISs) was published in FR Construction, Special-Use-Permit, dated April 14, 1995 (60 FR 19047). Summary: EPA still expressed environmental concern regarding NPDES and COE Section 404 Permits, Draft EISs alternative site analysis and cumulative Bighorn National Forest, Buffalo impact analysis. Ranger District, City of Buffalo, WY, ERP No. D–AFS–L65174–AK Rating Due: November 20, 1995, Contact: EC2, Eight Fathom Timber Sales, Dated: October 17, 1995. John W. Almond (307) 672–0751. Implementation, COE Section 404 William D. Dickerson, EIS No. 950467, Final EIS, DOE, WA, Permit and EPA NPDES, Tongass Director, NEPA Compliance Division, Office Safe Interim Storage of Hanford Tank National Forests, Hoonah and Sitka of Federal Activities. Wastes, Double Shell Tanks (DSTs) Ranger District, Chatham Area, AK. [FR Doc. 95–26090 Filed 10–19–95; 8:45 am] and Cross Site Transfer System Summary: EPA expressed BILLING CODE 6560±50±U (CSTS) Construction, Hanford Site, environmental concerns regarding direct Adams, Richland, Washington, and cumulative impacts to water Benton and Franklin Counties, WA, quality. Additional site specific [ER±FRL±5229±8] Due: November 20, 1995, Contact: information on bark accumulation is Carolyn C. Jones (509) 372–2731. needed to assess impacts to the marine Environmental Impact Statements; EIS No. 950468, Final EIS, FHW, PA, US environment. EPA also requested Notice of Availability 22/322/PA–22/Section 002/River additional discussion of best Route Improvements, Dauphin management practices and water quality RESPONSIBLE AGENCY: Office of Federal Borough to Speeceville and a Section monitoring. Activities, General Information (202) of PA–225 through Dauphin Borough ERP No. D–FHW–E40760–NC Rating 260–5076 OR (202) 260–5075. Weekly Improvements, Funding and COE EC2, Sunset Beach Bridge No. 198 on receipt of Environmental Impact Section 404 Permit, City of Secondary Road NC–1172 Replacement, Statements Filed October 9, 1995 Harrisburg, Dauphin County, PA, Due: Over the Atlantic Intracoastal Through October 13, 1995 Pursuant to November 20, 1995, Contact: Manual Waterway, Funding, COE Section 10 40 CFR 1506.9. A. Marks (717) 782–3461. and 404 Permit, Brunswick County, NC. EIS No. 950461, Final EIS, AFS, CA, EIS No. 950469, Draft Supplement, Summary: EPA expressed Paper Reforestation and Resource COE, NY, NJ, Passaic River Basin environmental objections with Recovery Project, Implementation, Flood Control Plan, Implementation, alternatives C1 and W1 due to water Stanislaus National Forest, Mi-Wok Updated Information to extend tunnel quality, wetlands and noise impacts. Ranger District, Tuolumne County, outlet from Upstream Terminus to EPA prefers alternative C4 as it would CA, Due: November 20, 1995, Contact: Newark Bay, Passaic, Bergen, Morris, result in the least water quality and Ann L. Denton (209) 586–3224. Essex and Hudson Counties, NJ and other impacts. EIS No. 950462, Draft EIS, FHW, NC, Rockland and Orange Counties, NY, ERP No. D–IBR–K39053–CA Rating Winston-Salem Northern Beltway, Due: December 19, 1995, Contact: LO, South Bay Water Recycling Program (Eastern Section) from US 52 North of John S. Wright (201) 656–4749. (SBWRP), Development and Winston-Salem to US 421/I–40 EIS No. 950470, Final EIS, DOE, SC, Construction, Funding and COE Section Business east of Winston-Salem, Savannah River Site Interim 404 Permit, Golden Triangle Area, City Construction, Funding and COE Management of Nuclear Materials, of San Jose, Santa Clara County, CA. Section 404 Permit, Forsyth County, Implementation, Aiken and Barnwell Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54227
Counties, SC, Due: November 20, clarity of the information collected and Total Annual Burden: 2,428 hours. 1995, Contact: Andrew R. Grainger (d) ways to minimize the burden of the Needs and Uses: Under the terms of (803) 725–1523. collection of information on the the National Environmental Policy Act EIS No. 950471, Final EIS, USA, IN, respondents, including the use of (NEPA) of 1969, the FCC is required to Jefferson Proving Ground Disposal automated collection techniques or determine whether the transmitters it and Reuse, Implementation, Town of other forms of information technology. licenses or authorizes significantly Madison, Jefferson, Jennings and The FCC is reviewing the following affect the quality of the human Ripley Counties, IN, Due: November information collection requirements for environment. Since the emission of 20, 1995, Contact: James Davidson possible 3-year extension under potentially hazardous radiofrequency (703) 274–5510. delegated authority 5 CFR 1320, radiation is one of several possible authority delegated to the Commission environmental effects, the Commission Amended Notices by the Office of Management and has established rules for evaluating EIS No. 950315, Draft EIS, EPA, NJ, Budget (OMB). human exposure to RF radiation from Hackensack Meadows District (HMD) Written comments should be FCC-regulated transmitters. The Special Area Management Plan submitted on or before December 19, environmental information required by (SAMP), Development and 1995. If you anticipate that you will be section 1.1307 is reviewed by attorneys, Implementation, COE Section 10 and submitting comments, but find it engineers and paraprofessionals to 404 Permit Issuance, NJ, Due: difficult to do so within the period of determine whether the environmental November 3, 1995, Contact: Robert W. time allowed by this notice, you should evaluation is sufficiently complete and Hargrove (212) 637–3495. Published advise the contact listed below as soon in compliance with the Commission’s FR—7–21–95—Review period as possible. Rules to be acceptable for filing. If extended. Direct all comments to Dorothy collection of this information were not EIS No. 950366, DRAFT EIS, BLM, MT, Conway, Federal Communications, made the FCC would not ensure Zortman and Landusky Mines Room 234, 1919 M St., NW., compliance with the National Reclamation Plan Modifications and Washington, DC 20554 or via internet to Environmental Policy Act (NEPA), Mine Life Extensions, Approval of [email protected]. specifically, to minimize the potential Mine Operation, Mine Reclamation For additional information or copies for signficant environmental impact and COE Section 404 Permits, Little of the information collections contact from radiofrequency (RF) radiation from Rocky Mountains, Phillip County, Dorothy Conway at 202–418–0217 or via FCC-regulated facilities. MT, Due: November 1, 1995, Contact: internet at [email protected]. OMB Approval Number: 3060–0421. David L. Mari (406) 538–7461. OMB Approval Number: 3060–0436. Title: Price Cap Rules. Published FR 8–18–95—Review Title: Cordless Telephone Security Form No.: N/A. period extended. Coding. Type of Review: Exension of existing Dated: October 17, 1995. Form No.: N/A. collection. Respondents: Businesses or other for- William D. Dickerson, Type of Review: Extension of existing collection. profit. Director, NEPA Compliance Division, Office Number of Respondents: 13. of Federal Activities. Resopondents: Businesses or other Estimated Time Per Response: 20 [FR Doc. 95–26091 Filed 10–19–95; 8:45 am] for-profit. hours. Number of Respondents: 100. BILLING CODE 6560±50±U Total Annual Burden: 1040 hours. Estimated Time Per Response: 2 Needs and Uses: Under the hours. Commission’s price cap rules, tariffs for Total Annual Burden: 200 hours. new services are supported by new FEDERAL COMMUNICATIONS Needs and Uses: Cordless telephones COMMISSION service showings which may include must incorporate digital security coding the results of net revenue test. As part Notice of Public Information to protect the public switched telphone of the net revenue tests, carriers project Collections Being Reviewed by FCC network from unintentional seizure and their future revenue and costs for new For Extension Under Delegated dialing, and user’s from unintentionally services. Carriers then file the required Authority 5 CFR Part 1320 authority ringing. An attestation of compliance, reports to enable the Commission and and the means and procedures used to the public to compare their actual October 13, 1995. ensure the required protection must revenues and costs with their earlier The Federal Communications accompany any application for projections. The Commission staff uses Commission, as part of its continuing authorization filed for the subject these reports to guage the accuracy of effort to reduce paperwork burden equipment. these carriers’ earlier forecasts so that it invites the general public and other OMB Approval Number: 3060–0004. can better evaluate the reliability of Federal agencies to take this Title: Environmental Information future new service showings. Without opportunity to comment on the Collection Requirements Sections such an evalutation, the risk of following proposed and/or continuing 1.1307, 1.1308, 1.1311. unreasonable or otherwise unlawful information collections, as required by Form No.: N/A. rates would be significantly increased, the Paperwork Reduction Act of 1995, Type of Review: Extension of existing to the detriment of those who subscribe Public Law 104–13. Comments are collection. to these services. requested concerning (a) whether the Respondents: Individuals or OMB Approval Number: 3060–0307. proposed collection of information is households; State, local or tribal Title: Section 90.629(a) Extended necessary for the proper performance of governments; Not-for-profit institutions; implemention period. the functions of the Commission, Businesses and other for-profit; Small Form No.: N/A. including whether the information shall businesses or organizations. Type of Review: Extention of existing have practical utility; (b) the accuracy of Number of Respondents: 1,156. collection. the Commissions burden estimates; (c) Estimated Time Per Response: 2.1 Respondents: State, local or tribal ways to enhance the quality, utility, and hour. governments; Businesses or other for- 54228 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices profit; Not-for-profit organizations; Respondents: Businesses or other for- can be made available to FCC personnel Small businesses and organizations. profit; State, Local or Tribal on demand. These records of transmitter Number of Respondents: 100. Governments. measurements and maintenance checks Estimated Time Per Response: 1 hour. Number of Respondents: 100. are used by the licensee or Commission Total Annual Burden: 100 hours. Estimated Time Per Response: 2 hour field personnel to note an y recurring Needs and Uses: Section 90.629(a) per response. equipment problems or cnditions that provides certain categories of licensees Total Annual Burden: 200 hours. may lead to degarded equipment the opportunity to extend the time Needs and Uses: The recordkeeping performance and/or interference within which system construction is requirement contained in 90.517 problems. required, upon submission of a requires that developmental OMB Approval Number: 3060–0312. justification. This allows entities authorization licensees to file a report Title: Section 94.27(A)(60) requiring a longer construction period indicating the usefulness of such Application and Standard Forms. flexibility. developmental operations when Form No.: N/A. OMB Approval Number: 3060–0280. requesting renewal or termination of Type of Review: Extension of existing Title: Section 90.633(f)&(g) developmental operations. The collection. Conventional systems loading requiring information is used by the Commission Respondents: Businesses or other for- (wide area systems). personnel to evaluate the need for profit; State, Local or Tribal Form No.: N/A. renewal of the applicant’s authorization. Governments; non-profit institutions; Type of Review: Extention of existing This information is also used by policy- small businesses or organizations. collection. making personnel to decide the Number of Respondents: 30. Respondents: State, local or tribal desirability of instituting rulemaking Estimated Time Per Response: .1666 governments; Businesses or other for- proceedings involving new technologies hour per response. profit; Not-for-profit institutions. or new uses of the radio spectrum. Total Annual Burden: 5 hours. Needs and Uses: The requirement Number of Respondents: 15. OMB Approval Number: 3060–0299. Estimated Time Per Response: 1 hour. contained in 94.27 (A)(6) requires that Title: Section 94.51 Private licensees who contemplate assigning Total Annual Burden: 15 hours. Microwave, Time to Construction. Needs and Uses: Section 90.633(f)&(g) thier microwave station authorization to Form No.: N/A. another entity to provide written provides for the authorization for wide Type of Review: Extension of existing area or ribbon systems upon a notification to the Commission so that collection. the Commission may make a public appropriate showing of need. The Respondents: Businesses or other for- interest determination pursuant to 47 information is used to determine if such profit; State, Local or Tribal U.S.C. 310(d). This notification is used systems should be authorized, thus Governments; non-profit institutions; by FCC personnel to assure compliance maintaining spectrum efficiency. small businesses or organizations. with the Communications Act. This Number of Respondents: 50. OMB Approval Number: 3060–0273. information assures that the Title: Section 94.43 Procedure for Estimated Time Per Response: .33 Commission’s database is accurate, obtaining special temporary authority. hour per response. thereby enhancing the Commission’s Form No.: N/A. Total Annual Burden: 17 hours. ability to resolve interference problems Type of Review: Extension of existing Needs and Uses: The recordkeeping quickly. collection. requirement contained in 94.51 requires Respondents: Businesses or other for- those licensees who are unable to OMB Approval Number: 3060–0194. Title: Section 74.21 Broadcasting profit; State, Local or Tribal construct thier private microwave emergency information. Governments; non-profit institutions; stations within 12 months to request an Form No.: None. small businesses or organizations. extension of time to construct thier Type of Review: Extension of existing Number of Respondents: 125. facilities. This information is used by collection. Estimated Time Per Response: 1 FCC personnel to determine whether to Respondents: Businesses or other for- hours. grant an extension of time to constuct. profit. Total Annual Burden: 125 hours. This notification of failure to construct Number of Respondents: 1. Needs and Uses: Section 94.43 give the Commission and prospective Estimated Time Per Response: 1 hour. specifies certain circumstances the applicants an accurate pocture of Total Annual Burden: 1 hour. Commission will consider in granting a current frequency usage. Needs and Uses: In the event of an ‘‘Special Temporary Authorization OMB Approval Number: 3060–0301. emergency, Section 74.21 requires that a (STA) to permit an applicant to conduct Title: Section 94.113 Private licensee of an auxiliary broadcast operations for up to 180 days without Microwave Station Records. station notify the FCC in Washington, going through the normal application Form No.: N/A. DC, as soon as practicable, when that forms and procedures ser out in Part 94. Type of Review: Extension of existing station is operated in a manner other The requirement is neccessary so that collection. than that for which is authorized. This FCC personnel can determine if the Respondents: Businesses or other for- notification shall specify the nature of grant of an STA is warranted, and to profit; State, Local or Tribal the emergency and the use to which the allow the Commission to have certain Governments; non-profit institutions; station is being put. The licensee shall minimum information about the small businesses or organizations. also notify the FCC when the emergency station’s characteristics should Number of Respondents: 17,866. operation has been terminated. These interference problems arise. Estimated Time Per Response: .1666 notifications are used by FCC staff to OMB Approval Number: 3060–0290. hour per response. evaluate the need and nature of the Title: Section 90.517 Developmental Total Annual Burden: 2,981 hours. emergency broadcast to confirm that an Operation - Report of Operation. Needs and Uses: The recordkeeping actual emergency existed. Form No.: N/A. requirement contained in 94.113 OMB Approval Number: 3060–0170. Type of Review: Extension of existing requires that private microwave Title: Section 73.1030 Notifications collection. licensees maintain station records that concerning interference to radio Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54229 astronomy, research and receiving Title: Section 1.65(c) Substantial and Direct all comments to Dorothy installations. significant changes in information Conway, Federal Communications, Form No.: None. furnished by applicants to the Room 234, 1919 M St., NW., Type of Review: Extension of existing Commission. Washington, DC 20554 or via internet to collection. Form Number: None. [email protected]. Respondents: Businesses or other for- Type of Review: Extension of existing For additional information or copies profit. collection. of the information collections contact Number of Respondents: 30. Respondents: Business or other for- Dorothy Conway at 202–418–0217 or via Estimated Time Per Response: 1 hour. profit. internet at [email protected]. Copies Total Annual Burden: 30 hour. Number of Respondents: 6. may also be obtained via fax by Needs and Uses: Section 73.1030 Estimated time per response: 1 hour contacting the Commission’s Fax on requires licensees to provide 30 minutes. Demand System. To obtain fax copies simultaneous written notification to the Total annual burden: 9. call 202–418–0177 from the handset on Interference Office at Green Bank, West Needs and Uses: Section 1.65(c) your fax machine, and enter the Virginia, when an application is filed requires broadcast permittees and document retrieval number indicated with the FCC proposing to operate a licensees to report annually any finding below for the collection you wish to short-term broadcast auxiliary station; or adverse final action that involves request, when prompted. or an applicant seeks authority to conduct bearing on their character OMB Approval Number: New collection. construct a new broadcast station; or qualifications. This information enables Title: Review of Pioneer’s Preference authority to make changes in the the Commission to determine whether Rules, ET Docket No. 93–266. frequency, power, antenna height, or broadcast permittees and licensees Form No.: N/A. antenna directivity of an existing station maintain the requisite character Type of Review: New Collection. within the geographical coordinates of qualifications to be a broadcast Respondents: Businesses or other for- the National Radio Astronomy permittee or licensee during their profit. Observatory site in Green Bank, West license term. Number of Respondents: 12. Virginia; or the Naval Radio Research Federal Communications Commission. Estimated Time Per Response: 10 Observatory site at Sugar Grove, West William F. Caton, hours. Virginia. The data are used by the Total Annual Burden: 120 hours. Acting Secretary. Interference Office to enable them to file Needs and Uses: The information comments or objections with the FCC in [FR Doc. 95–25955 Filed 10–19–95; 8:45 am] collected will be used to evaluate response to the notification in order to BILLING CODE 6712±01±F existing pioneer’s preference requests in minimize potential harmful interference proceedsings in which tentative to the observatories. decisions have not been made, as well Notice of Public Information as any new pioneer’s preference OMB Approval Number: 3060–0184. Collections Being Reviewed by the requests that may be received. Each Title: Section 73.1740 Minimum Federal Communications Commission Operating Schedule. respondent will be required to submit Form No.: None. October 11, 1995. information to amend their existing Type of Review: Extension of existing The Federal Communications, as part pioneer’s preference request This is collection. of its continuing effort to reduce required by the Second Report and Respondents: Businesses or other for- paperwork burden invites the general Order and Third Report and Order in profit. public and other Federal agencies to Docket 93–266. Number of Respondents: 405. take this opportunity to comment on the Fax Document Retrieval Number: Estimated Time Per Response: 0.5 following proposed and/or continuing 093266. hours. information collections, as required by Federal Communications Commission. Total Annual Burden: 203 hours. the Paperwork Reduction Act of 1995, William F. Caton, Needs and Uses: Section 73.1740 Public Law 104–13. Comments are Acting Secretary. requires licensees of commercial requested concerning (a) whether the [FR Doc. 95–25956 Filed 10–19–95; 8:45 am] broadcast stations to notify the FCC in proposed collection of information is BILLING CODE 6712±01±F Washington, DC, when events beyond necessary for the proper performance of their control make it impossible to the functions of the Commission, continue operation or to adhere to the including whether the information shall Notice of Public Information required operating schedules set forth in have practical utility; (b) the accuracy of Collections being Reviewed by the this section. In addition, the FCC must the Commissions burden estimates; (c) Federal Communications Commission be notified when normal operation is ways to enhance the quality, utility, and resumed. No further authority is needed clarity of the information collected and October 13, 1995. for limited operation or discontinued (d) ways to minimize the burden of the The Federal Communications, as part operation for a period not exceeding 30 collection of information on the of its continuing effort to reduce days. Should events beyond the respondents, including the use of paperwork burden invites the general licensees control make it impossible for automated collection techniques or public and other Federal agencies to compliance within the required 30-day other forms of information technology. take this opportunity to comment on the time period, an informal written request Written comments should be following proposed and/or continuing shall be submitted to the FCC requesting submitted on or before December 19, information collections, as required by the amount of additional time that the 1995. If you anticipate that you will be the Paperwork Reduction Act of 1995, licensee deems necessary. The data are submitting comments, but find it Public Law 104–13. Comments are used by FCC staff to authorize difficult to do so within the period of requested concerning (a) whether the temporarily a limited operation or a time allowed by this notice, you should proposed collection of information is discontinuance of operation. advise the contact listed below as soon necessary for the proper performance of OMB Approval Number: 3060–0449. as possible. the functions of the Commission, 54230 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices including whether the information shall licensee shall maintain a list showing Security for the Protection of the have practical utility; (b) the accuracy of the name, address and telephone Public Financial Responsibility To the Commissions burden estimates; (c) number of each such advertiser. These Meet Liability Incurred for Death or ways to enhance the quality, utility, and lists shall be made available for public Injury to Passengers or Other Persons clarity of the information collected and inspection. The data is used by the on Voyages; Notice of Issuance of (d) ways to minimize the burden of the public so that they may know by whom Certificate (Casualty) collection of information on the they are being persuaded. respondents, including the use of Federal Communications Commission. Notice is hereby given that the automated collection techniques or William F. Caton, following have been issued a Certificate other forms of information technology. Acting Secretary. of Financial Responsibility to Meet Written comments should be Liability Incurred for Death or Injury to submitted on or before December 19, [FR Doc. 95–25957 Filed 10–19–95; 8:45 am] BILLING CODE 6712±01±F Passengers or Other Persons on Voyages 1995. If you anticipate that you will be pursuant to the provisions of Section 2, submitting comments, but find it Public Law 89–777 (46 U.S.C. § 817(d)) difficult to do so within the period of and the Federal Maritime Commission’s time allowed by this notice, you should implementing regulations at 46 CFR part advise the contact listed below as soon FEDERAL MARITIME COMMISSION 540, as amended: as possible. Notice of Agreement(s) Filed Direct all comments to Dorothy Kloster Cruise Limited and Crown Conway, Federal Communications, The Federal Maritime Commission Jewel, Inc., Two Alhambra Plaza, 9th Room 234, 1919 M St., NW., hereby gives notice of the filing of the Floor, 95 Merrick Way, Coral Gables, Washington, DC 20554 or via internet to following agreement(s) pursuant to Florida 33134 [email protected]. section 5 of the Shipping Act of 1984. For additional information or copies Vessel: LEEWARD Interested parties may inspect and of the information collections contact obtain a copy of each agreement at the Dated: October 17, 1995. Dorothy Conway at 202–418–0217 or via Washington, D.C. Office of the Federal Joseph C. Polking, internet at [email protected]. Copies Maritime Commission, 800 North Secretary. may also be obtained via fax by Capitol Street, N.W., 9th Floor. contacting the Commission’s Fax on [FR Doc. 95–26005 Filed 10–19–95; 8:45 am] Interested parties may submit comments Demand System. To obtain fax copies BILLING CODE 6730±01±M on each agreement to the Secretary, call 202–418–0177 from the handset on Federal Maritime Commission, your fax machine, and enter the Washington, D.C. 20573, within 10 days document retrieval number indicated Ocean Freight Forwarder License; after the date of the Federal Register in below for the collection you wish to Applicants which this notice appears. The request, when prompted. requirements for comments are found in Notice is hereby given that the OMB Approval Number: 3060–0174. section 572.603 of Title 46 of the Code following applicants have filed with the Title: Section 73.1212, Sponsorship of Federal Regulations. Interested Federal Maritime Commission identification; list retention, related persons should consult this section applications for licenses as ocean freight requirements. before communicating with the Form No.: N/A. forwarders pursuant to section 19 of the Commission regarding a pending Shipping Act of 1984 (46 U.S.C. app. Type of Review: Extension of an agreement. existing collection. 1718 and 46 CFR 510). Respondents: Businesses or other for- Agreement No.: 203–011516. Persons knowing of any reason why profit. Title: Voluntary Intermodal Sealift any of the following applicants should Number of Respondents: 11,342. Rate Agreement not receive a license are requested to Estimated Time Per Response: .1 Parties: contact the Office of Freight Forwarders, hours/per response; 4.0 hours/per American President Lines, Ltd. Federal Maritime Commission, response. Washington, D.C. 20573. Total Annual Burden: 43,368. Sea-Land Service, Inc. Monwar Hussain, 25761 Marguerite Needs and Uses: Section 73.1212 Synopsis: The proposed Agreement Parkway, Unit-101, Mission Viejo, CA requires a broadcast station to identify permits the parties to consult and agree 92692, Sole Proprietor the sponsore of any matter for which upon procedures for the development of consideration is provided. For matters uniform rates and charges for ocean and Maracargo Inc., 2503 ‘‘B’’ N.W. 72nd advertising commercial products or intermodal services to be provided for Ave., Miami, FL 33122, Officers: V. services, generally the mention of the military preference cargo to be carried Enrique Camejo, President; Pedro name of the product or service between U.S. ports and points and ports Enrique Carcia Arcaya, Vice constitutes sponsorship identification. and points in the Far East. Adherence to President. In addition, when an entity rather than any rates or charges agreed upon will be Dated: October 17, 1995. an individual sponsors the broadcast of voluntary. The parties have requested a a matter that is of a political or shortened review period. By the Federal Maritime Commission. controversail nature, licensee is Joseph C. Polking, required to retain a list of the executive By Order of the Federal Maritime Commission. Secretary. officers, or borad of directors, or [FR Doc. 95–26006 Filed 10–19–95; 8:45 am] executive committee, etc., of the Dated: October 12, 1995. BILLING CODE 6730±01±M organization paying for such matter. Joseph T. Farrell, Sponsorship announcements are waived Acting Secretary. with respect to the braodcast of ‘‘want [FR Doc. 95–25968 Filed 10–19–95; 8:45 am] ads’’ sponsored by an individual but the BILLING CODE 6730±01±M Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54231
FEDERAL TRADE COMMISSION or acquisitions to give the Federal Trade The following transactions were Commission and the Assistant Attorney granted early termination of the waiting Granting of Request for Early General advance notice and to wait period provided by law and the Termination of the Waiting Period designated periods before premerger notification rules. The grants Under the Premerger Notification consummation of such plans. Section were made be the Federal Trade Rules 7A(b)92) of the Act permits the Commission and the Assistant Attorney Section 7A of the Clayton Act, 15 agencies, in individual cases, to General for the Antitrust Division of the U.S.C. 18a, as added by Title II of the terminate this waiting period prior to its Department of Justice. Neither agency Hart-Scott-Radino Antitrust expiration and requires that notice of intends to take any action with respect Improvements Act of 1976, requires this action be published in the Federal to these proposed acquisitions during persons contemplating certain mergers Register. the applicable waiting period.
TRANSACTIONS GRANTED EARLY TERMINATION: 091195 AND 092295
Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated
William G. Bennett, Paul W. Lowden, Sahara Nevada Corp ...... 95±2593 09/11/95 Fund American Enterprises Holdings, Inc., Skandia Insurance Company, Valley Group, Inc ...... 95±2504 09/11/95 PriCellular Corporation, Cellular of Upstate New York, Inc., Cellular of Upstate New York, Inc ...... 95±2509 09/11/95 Onset Corporation, Storage Technology Corporation, Storage Technology Corporation ...... 95±2511 09/11/95 Revenue Properties Company Limited, SunAmerica Inc., Cheyenne Commons Limited Partnership ...... 95±2512 09/11/95 American Industrial Partners Capital Fund II, L.P., RBX Investors Inc., RBX Investors Inc ...... 95±2519 09/11/95 H Group Holding, Inc., Edward H. Linde, Boston Properties Inc ...... 95±2523 09/11/95 H Group Holding, Inc., Mortimer B. Zuckerman, Boston Properties Inc ...... 95±2524 09/11/95 Automatic Data Processing, Inc., Sandy Corporation, Sandy Corporation ...... 95±2526 09/11/95 Lyonnaise Des Eaux, Scott paper Company, Scott Paper Company ...... 95±2532 09/11/95 The Prudential Insurance Company of America, Taisei Corporation, Shoreline Square Associates, L.P ...... 95±2544 09/11/95 Memorial Medical Center, Inc., Healthmaster, Inc., Healthmaster Home Health Care, Inc ...... 95±2546 09/11/95 International Business Machines Corporation, American Practice Management, Inc., American Practice Manage- ment, Inc ...... 95±2553 09/11/95 Freedom Communications, Inc., Kenneth R. Thomson, The Thomson Papers ...... 95±2555 09/11/95 Ralph Lauren, Maurice Bidermann, a French citizen, Ralph Lauren Womenswear, Inc ...... 95±2558 09/11/95 Advance Voting Trust, The Oklahoma Publishing Company, American City Business Journals, Inc ...... 95±2421 09/12/95 General Dynamics Corporation, The Fulcrum II Limited Partnership, Bath Iron Works Corporation ...... 95±2426 09/12/95 American Medical Response, Inc., Ambulance Systems of America, Inc., Ambulance Systems of America, Inc ...... 95±2455 09/12/95 Mercury Finance Company, ITT Corporation, ITT Lyndon Life Ins. Co. & ITT Lyndon Property Ins. Co ...... 95±2458 09/12/95 Scitex Corporation Ltd., Carlton Communications PLC, Abekas Video Systems, Inc ...... 95±2514 09/12/95 Textron Inc., SPC Corporation, SPX Credit Corporation ...... 95±2530 09/12/95 CAE Inc. (a Canadian Company) Ransohoff Company, Ransohoff Company ...... 95±2513 09/13/95 Southwestern Public Service Company, Cabot Corporation, TUCO Inc ...... 95±2527 09/13/95 Nestle S.A., RJR Nabisco Holdings Corp., Nabisco, Inc ...... 95±2534 09/13/95 Cape Cod Health Systems, Inc., Falmouth Hospital Foundation, Inc., Falmouth Hospital Foundation, Inc ...... 95±2454 09/14/95 Palmer Communications Incorporation, GTE Corporation, Georgia Metronet, Inc ...... 95±2551 09/14/95 U.S. Office Products Company, Missco Corporation of Jackson, Missco Corporation of Jackson ...... 95±2557 09/14/95 Newell Co., Decorel Incorporated, Decorel Incorporated ...... 95±2559 09/14/95 Bristol-Myers Squibb Company, Carl Icahn, Cadus Parmaceutical Corporation ...... 95±2491 09/15/95 Sterile Concepts Holdings, Inc., John W. Hoffe, Medical Design Concepts, Inc ...... 95±2549 09/15/95 All-Quotes, Inc., Digital Equipment Corporation, Digital Equipment Corporation's text terminal business ...... 95±2567 09/15/95 Paul W. Lowden, William G. Bennett, Gordon Gaming Corporation ...... 95±2494 09/18/95 Automobile Club of Michigan, The American Automobile Association, The American Automobile Association's Wis- consin Div ...... 95±2542 09/18/95 ITC Holding Commany, Inc., Powertel PCS Partners, L.P., Powertel PCS Partners, L.P ...... 95±2561 09/18/95 SCANA Corporation, ITC Holding Co., Inc., InterCel, Inc ...... 95±2562 09/18/95 Sylvan Learning Systems, Inc., R. William Pollock (a resident of Monaco), Office Overload, Inc ...... 95±2574 09/18/95 R. William Pollock (a resident of Monaco), Sylvan Learning Systems, Inc., Sylvan Learning Systems, Inc ...... 95±2575 09/18/95 Sylvan Learning Systems, Inc., Nasser J. Kazeminy, NJK Associates Corp./United School Services of America ...... 95±2576 09/18/95 Nasser J. Kazeminy, Sylvan Learning Systems, Inc., Sylvan Learning Systems, Inc ...... 95±2577 09/18/95 PacificCorp, U S West, U S West Communications, Inc ...... 95±2582 09/18/95 Missionary Sisters of the Sacred Heart of Jesus, Daughters of Charity National Health Systems, Inc., St. Joseph Health Centers and Hospital ...... 95±2587 09/18/95 United Meridian Corporation, Pennzoil Company, Pennzoil Exploration and Production Company ...... 95±2589 09/18/95 Welsh, Carson, Anderson, & Stowe VII, L.P., J.C. Penney Company, Inc., JCPenny Business Services, Inc ...... 95±2590 09/18/95 N.V. Verenigd Bezit VNU (a Dutch company), BankAmerica Corporation, SRDS, L.P ...... 95±2595 09/18/95 Textron Inc., Elco Industries, Inc., Elco Industries, Inc ...... 95±2634 09/18/95 ALLTEL Corporation, ALLTEL Corporation, ALLTEL Southeast Alabama Rural Cellular, L.P ...... 95±2580 09/19/95 Herman T. Wilson, Jr., Case Corporation, Case Power and Equipment Stores ...... 95±2592 09/19/95 Lo Yuk Sui (a Hong King person), Ocwen Financial Corporation, KB Holdings Corporation ...... 95±2602 09/19/95 Paul H. Pfleger, TIE/communications, Inc., TIE/communications, Inc ...... 95±2604 09/19/95 Carl C. Icahn, RJR Nabisco Holdings Corp., RJR Nabisco Holdings Corp ...... 95±2535 09/20/95 The Coastal Corporation, Tesoro Petroleum Corporation, mA888o E & P Company, L.P ...... 95±2594 09/20/95 General Re Corporation, W.R. Berkley Corporation, Signet Star Holdings Inc ...... 95±2430 09/21/95 Kaye International L.P., Kay Holding Corp. (Joint Venture), Kaye Holding Corp. (Joint Venture) ...... 95±2516 09/21/95 U S West, Inc., Capital Guaranty Corporation, Capital Guaranty Corporation ...... 95±2518 09/21/95 Appolo Investment Fund III, L.P., United International Holdings, Inc., United International Holdings, Inc ...... 95±2583 09/21/95 54232 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
TRANSACTIONS GRANTED EARLY TERMINATION: 091195 AND 092295ÐContinued
Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated
Sprint Corporation, Sprint Corporation, Centel Cellular Company of Hickory Limited Partnership ...... 95±2586 09/21/95 Morgan Stanley Capital Partners III, L.P., Stichting ``The SITA Foundation'', SITA Telecommunications Holdings N.V ...... 95±2591 09/21/95 Mercury Production Company, Union Oil Company of California, Union Oil Company of California ...... 95±2225 09/22/95 BASF AG Aktiengesellschaft, IVAX Corporation, IVAX Corporation ...... 95±2490 09/22/95 Lynch Corporation, Alco Standard Corporation, Unisouce Worldwide, Inc., Central Products Company ...... 95±2554 09/22/95 Reliance Steel & Aluminum Co., Preussag AG, Feralloy Reliance Company, L.P ...... 95±2568 09/22/95 Preussag AG, Reliance Steel & Aluminum Co., Feralloy Reliance Company, L.P ...... 95±2569 09/22/95 River Oaks Hospital, Inc., Mr. Manfred George Krukemeyer, Woman's Hospital ...... 95±2598 09/22/95 James A. Pattison, James L. White, III, Duval News Management Company ...... 95±2605 09/22/95 Vista 2000, Inc., American Consumer Products, Inc., American Consumer Products, Inc ...... 95±2633 09/22/95
FOR FURTHER INFORMATION CONTACT: copies of the petition should be sent to involve a bartending school franchise Sandra M. Peay or Renee A. Horton, the Public Reference Branch, Room 130. business. Contact Representatives Donald S. Clark, FOR FURTHER INFORMATION CONTACT: Federal Trade Commission, Premerger Secretary. Elena Paoli, Attorney, Division of Notification Office, Bureau of [FR Doc. 95–25982 Filed 10–19–95; 8:45 am] Enforcement, Bureau of Consumer Competition, Room 303, Washington, BILLING CODE 6750±01±M D.C. 20580, (202) 326–3100. Protection, Federal Trade Commission, By Direction of the Commission. Washington, DC 20580, (202) 326–2974. Donald S. Clark, SUPPLEMENTARY INFORMATION: The order DEPARTMENT OF HEALTH AND Secretary. in Docket No. C–2976 was issued on HUMAN SERVICES [FR Doc. 95–25980 Filed 10–19–95; 8:45 am] July 5, 1979, and reported at 94 F.T.C. BILLING CODE 6750±01±M 111. The order prohibited Haren and a Food and Drug Administration new-defunct company, International [Docket No. 94C±0338] Inventors, Inc., East, from making [Docket No. C±2976] various misrepresentations regarding Gist-brocades NV; Withdrawal of a James H. Haren and International the promotion of inventors’ ideas. In Color Additive Petition 1994, the Federal Trade Commission Bartending Institute, Inc. AGENCY: Food and Drug Administration, charged Haren and his current HHS. AGENCY: Federal Trade Commission. company, IBI, a franchisor of bartending ACTION: Notice of period for public schools, with violating the order in ACTION: Notice. comment on petition to modify consent Docket No. C–2976 by not providing a SUMMARY: The Food and Drug order. copy of the order to the present and Administration (FDA) is announcing the future franchise owners of IBI schools. SUMMARY: James H. Haren, an individual withdrawal, without prejudice to a respondent in Docket No. C–2976, and The complaint also charged Haren and future filing, of a color additive petition International Bartending Institute, Inc., IBI with violating the Commission’s rule (CAP 4C0243) proposing that the color as successor to International Inventors governing Disclosure Requirements and additive regulations be amended to Inc., East, the corporate respondent in Prohibitions Concerning Franchising provide for the safe use of the Docket No. C–2976, are subject to an and Business Opportunity Ventures, 16 inactivated and dried yeast Phaffia order requiring them, among other CFR Part 436. Haren and IBI settled the rhodozyma to provide a pigment source things, to give a copy of the order to Commission charges by paying a for salmonids. their ‘‘present of future * * * franchise $50,000 civil penalty and signing a FOR FURTHER INFORMATION CONTACT: owners * * * who sell [ ] or promote consent decree that was filed in federal Martha D. Peiperl, Center for Food [ ] the sale of respondents’ products or district court. See U.S. v. International Safety and Applied Nutrition (HFS– services.’’ James H. Haren and Bartending Institute, Inc., and James H. 217), Food and Drug Administration, International Bartending Institute, Inc. Haren, Civ. No. 94–1104–A (E.D. Va., 200 C St. SW., Washington, DC 20204, (‘‘IBI’’) filed a petition on September 12, August 22, 1994). 202–418–3077. 1995, requesting the Commission to Haren and IBI argue that changed SUPPLEMENTARY INFORMATION: In a notice reopen and alter, modify or set aside in conditions of fact and the public interest published in the Federal Register of part the order to the extent that they are require modifying the order in Docket October 17, 1994 (59 FR 52306), FDA required to give a copy of the order to No. C–2976 because the order only announced that a color additive petition present or future IBI franchise owners. applied to present or future franchisees (CAP 4C0243) had been filed by Gist- This document announces the public of International Inventors, Inc., East, brocades NV, Wateringseweg, 2611 XT comment period on this petition. and because prospective franchisees of Delft, The Netherlands. The petition DATES: The deadline for filing comments IBI receive full disclosure of the proposed that part 73 Listing of Color in this matter is November 13, 1995. Commission’s order in IBI’s Uniform Additives Exempt From Certification (21 ADDRESSES: Comments should be sent to Franchise Offering Circular. Haren and CFR part 73) of the color additive the Office of the Secretary, Federal IBI argue that prospective IBI regulations be amended to provide for Trade Commission, 6th Street and franchisees are confused by the order the safe use of the inactivated and dried Pennsylvania Avenue, NW., because the order involves an invention yeast P. rhodozyma to provide a Washington, DC 20580. Requests for promotion company and does not pigment source for salmonids. Gist- Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54233 brocades NV has now withdrawn the a.m. to 4 p.m.; Kathleen R. Reedy, Ortuzar, or Leander B. Madoo, Center petition without prejudice to a future Center for Drug Evaluation and Research for Drug Evaluation and Research (HFD– filing (21 CFR 71.6(c)(2)). (HFD–9), Food and Drug 9), Food and Drug Administration, 5600 Dated: September 22, 1995. Administration, 5600 Fishers Lane, Fishers Lane, Rockville, MD 20857, Alan M. Rulis, Rockville, MD 20857, 301–443–5455, 301–443–4695, or FDA Advisory FAX 301–443–0699, or FDA Advisory Committee Information Hotline, 1–800– Acting Director, Office of Premarket Approval, Center for Food Safety and Applied Committee Information Hotline, 1–800– 741–8138 (301–443–0572 in the Nutrition. 741–8138 (301–443–0572 in the Washington, DC area), Nonprescription [FR Doc. 95–25971 Filed 10–19–95; 8:45 am] Washington, DC area) Endocrinologic Drugs Advisory Committee, code 12541. and Metabolic Drugs Advisory General function of the committees. BILLING CODE 4160±01±F Committee, code 12536. The Nonprescription Drugs Advisory General function of the committee. Committee reviews and evaluates Advisory Committees; Notice of The committee reviews and evaluates available data concerning the safety and Meetings data on the safety and effectiveness of effectiveness of over-the-counter marketed and investigational human (nonprescription) human drug products AGENCY: Food and Drug Administration, drugs for use in endocrine and for use in the treatment of a broad HHS. metabolic disorders. spectrum of human symptoms and ACTION: Notice. Agenda—Open public hearing. diseases. The Pulmonary-Allergy Drugs Interested persons may present data, Advisory Committee reviews and SUMMARY: This notice announces information, or views, orally or in evaluates data on the safety and forthcoming meetings of public advisory writing, on issues pending before the effectiveness of marketed and committees of the Food and Drug committee. Those desiring to make investigational human drugs for use in Administration (FDA). This notice also formal presentations should notify the the treatment of pulmonary disease and summarizes the procedures for the contact person before November 10, diseases with allergic and/or meetings and methods by which 1995, and submit a brief statement of immunologic mechanisms. interested persons may participate in the general nature of the evidence or Agenda—Open public hearing. open public hearings before FDA’s arguments they wish to present, the Interested persons may present data, advisory committees. names and addresses of proposed information, or views, orally or in FDA has established an Advisory participants, and an indication of the writing, on issues pending before the Committee Information Hotline (the approximate time required to make their committee. Those desiring to make hotline) using a voice-mail telephone comments. formal presentations should notify the system. The hotline provides the public Open committee discussion. On contact person before November 10, with access to the most current November 16, 1995, in the morning, the 1995, and submit a brief statement of information on FDA advisory committee committee will hear presentations and the general nature of the evidence or meetings. The advisory committee discuss data submitted regarding the arguments they wish to present, the hotline, which will disseminate current safety and efficacy of dexfenfluramine names and addresses of proposed information and information updates, hydrochloride, new drug application participants, and an indication of the can be accessed by dialing 1–800–741– (NDA) 20–344 (Interneuron approximate time requested to make 8138 or 301–443–0572. Each advisory Pharmaceuticals, Inc.), for an obesity their comments. committee is assigned a 5-digit number. indication, as followup to the meeting of Open committee discussion. The This 5-digit number will appear in each September 28, 1995. In the afternoon, committees will first discuss data individual notice of meeting. The the committee will hear presentations relevant to investigational new drug hotline will enable the public to obtain and discuss data submitted regarding (IND) 41,743, sponsored by Sandoz information about a particular advisory the safety and efficacy of sodium Pharmaceuticals Corp., on the efficacy committee by using the committee’s 5- fluoride USP, NDA 19–975 (Slow of clemastine fumarate in the common digit number. Information in the hotline Fluoride, Texas Southwest Medical cold. The committees will then discuss is preliminary and may change before a Center), for an osteoporosis indication. a meta-analysis of data on meeting is actually held. The hotline On November 17, 1995, the committee antihistamines and the common cold to will be updated when such changes are will discuss data regarding the safety address the inclusion of the common made. and efficacy of probucol, NDA 17–535 cold indication for the over-the-counter MEETINGS: The following advisory (Lorelco, Hoechst Marion Roussel), for antihistamines, which is currently in committee meetings are announced: a lipid altering indication and whether the tentative final monograph, in the the drug should be withdrawn from the final monograph. Endocrinologic and Metabolic Drugs market. Advisory Committee Joint Meeting of the Nonprescription Joint Meeting of the Nonprescription Drugs Advisory Committee and the Date, time, and place. November 16 Drugs Advisory Committee and the Dermatologic and Ophthalmic Drugs and 17, 1995, 8 a.m., Holiday Inn— Pulmonary-Allergy Drugs Advisory Advisory Committee Silver Spring, Plaza Ballroom, 8777 Committee Georgia Ave., Silver Spring, MD. Date, time, and place. November 17, Type of meeting and contact person. Date, time, and place. November 16, 1995, 8 a.m., Parklawn Bldg., conference Open public hearing, November 16, 1995, 8 a.m., Parklawn Bldg., conference rooms D and E, 5600 Fishers Lane, 1995, 8 a.m. to 8:30 a.m., unless public rooms D and E, 5600 Fishers Lane, Rockville, MD. participation does not last that long; Rockville, MD. Type of meeting and contact person. open committee discussion, 8:30 a.m. to Type of meeting and contact person. Open public hearing, 8 a.m. to 9 a.m., 6 p.m.; open public hearing, November Open public hearing, 8 a.m. to 9 a.m., unless public participation does not last 17, 1995, 8 a.m. to 8:30 a.m., unless unless public participation does not last that long; open committee discussion, 9 public participation does not last that that long; open committee discussion, 9 a.m. to 4 p.m.; Lee L. Zwanziger, Liz L. long; open committee discussion, 8:30 a.m. to 5 p.m.; Lee L. Zwanziger, Liz L. Ortuzar, or Ermona McGoodwin, Center 54234 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices for Drug Evaluation and Research (HFD– General function of the task force. The area), Immunology Devices Panel, code 9), Food and Drug Administration, 5600 task force shall identify any barriers and 12516. Fishers Lane, Rockville, MD 20857, provide creative options for the rapid General function of the committee. 301–443–4695, or FDA Advisory development and evaluation of The committee reviews and evaluates Committee Information Hotline, 1–800– treatments for the human data on the safety and effectiveness of 741–8138 (301–443–0572 in the immunodeficiency virus (HIV) infection marketed and investigational devices Washington, DC area), Nonprescription and its sequelae. The task force also and makes recommendations for their Drugs Advisory Committee, code 12541. advises on issues related to such regulation. General function of the committees. barriers, and it provides options for the Agenda—Open public hearing. The Nonprescription Drugs Advisory elimination of these barriers. Interested persons may present data, Committee reviews and evaluates Open task force discussion. The task information, or views, orally or in writing, on issues pending before the available data concerning the safety and force will present, hear, and discuss committee. Those desiring to make effectiveness of over-the-counter recommendations made at previous formal presentations should notify the (nonprescription) human drug products meetings and discuss the future of the contact person before November 15, for use in the treatment of a broad task force. 1995, and submit a brief statement of spectrum of human symptoms and Agenda—Open public hearing. diseases. The Dermatologic and the general nature of the evidence or Interested persons may present arguments they wish to present, the Ophthalmic Drugs Advisory Committee information or views, orally or in reviews and evaluates available data names and addresses of proposed writing, on issues pending before the participants, and an indication of the concerning the safety and effectiveness task force. Those desiring to make of marketed and investigational human approximate time required to make their formal presentations should notify the comments. drug products for use in the treatment contact person before November 15, of dermatologic and ophthalmic Open committee discussion. On 1995, and submit a brief statement of November 30, 1995, the committee will disorders. the general nature of the evidence or Agenda—Open public hearing. discuss general issues relating to the arguments they wish to present, the Interested persons may present data, review of two premarket approval names and addresses of proposed information, or views, orally or in applications for: (1) An in situ participants, and an indication of the writing, on issues pending before the hybridization assay to measure a approximate time required to make their committee. Those desiring to make prognostic marker in breast tumor comments. formal presentations should notify the tissues; and (2) an assay to measure a urinary marker to aid in the detection of contact person before November 10, Immunology Devices Panel of the 1995, and submit a brief statement of recurrence in bladder cancer patients. Medical Devices Advisory Committee On December 1, 1995, the committee the general nature of the evidence or will discuss a citizen’s petition to arguments they wish to present, the Date, time, and place. November 30 reclassify from Class III to Class II all names and addresses of proposed and December 1, 1995, 8 a.m., Holiday serum tumor markers that are intended participants, and an indication of the Inn—Gaithersburg, Grand Ballroom, for monitoring recurrence in previously approximate time requested to make Two Montgomery Village Ave., treated cancer patients. their comments. Gaithersburg, MD. A limited number of FDA public advisory committee Open committee discussion. The overnight accommodations have been meetings may have as many as four committees will discuss data relevant to reserved at the hotel. Attendees separable portions: (1) An open public NDA 19–501 to switch Rogaine requiring overnight accommodations hearing, (2) an open committee (minoxidil 2% topical solution, The may contact the hotel at 301–948–8900 discussion, (3) a closed presentation of Upjohn Co.), for use as a hair regrowth and reference the FDA Panel meeting data, and (4) a closed committee treatment for persons with androgenetic block. Reservations will be confirmed at deliberation. Every advisory committee alopecia, from prescription to over-the- the group rate based on availability. meeting shall have an open public counter marketing status. Attendees with a disability requiring hearing portion. Whether or not it also special accommodations should contact includes any of the other three portions National Task Force on AIDS Drug Ed Rugenstein, Sociometrics, Inc., 301– Development will depend upon the specific meeting 608–2151. The availability of involved. There are no closed portions Date, time, and place. November 20, appropriate accommodations cannot be for the meetings announced in this 1995, 8:30 a.m.; Hubert H. Humphrey assured unless prior written notification notice. The dates and times reserved for Bldg., rm. 800, 200 C St. NW., is received. the open portions of each committee Washington, DC. Type of meeting and contact person. meeting are listed above. Type of meeting and contact person. Open public hearing, November 30, The open public hearing portion of Open task force discussion, 8:30 a.m. to 1995, 8 a.m. to 9 a.m., unless public each meeting shall be at least 1 hour 4:30 p.m.; open public hearing, 4:30 participation does not last that long; long unless public participation does p.m. to 5:30 p.m., unless public open committee discussion, 9 a.m. to 6 not last that long. It is emphasized, participation does not last that long; p.m.; open public hearing, December 1, however, that the 1 hour time limit for Heidi C. Marchand or Kimberley M. 1995, 8 a.m. to 9 a.m., unless public an open public hearing represents a Thornton, Office of AIDS and Special participation does not last that long; minimum rather than a maximum time Health Issues (HF–12), Food and Drug open committee discussion, 9 a.m. to 5 for public participation, and an open Administration, 5600 Fishers Lane, p.m.; Peter E. Maxim, Center for Devices public hearing may last for whatever Rockville, MD 20857, 301–443–0104, or and Radiological Health (HFZ–440), longer period the committee FDA Advisory Committee Information Food and Drug Administration, 2098 chairperson determines will facilitate Hotline, 1–800–741–8138 (301–443– Gaither Rd., Rockville, MD 20850, 301– the committee’s work. 0572 in the Washington, DC area), 594–1293, or FDA Advisory Committee Public hearings are subject to FDA’s National Task Force on AIDS Drug Information Hotline, 1–800–741–8138 guideline (subpart C of 21 CFR part 10) Development, code 12602. (301–443–0572 in the Washington, DC concerning the policy and procedures Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54235 for electronic media coverage of FDA’s Advisory Committees; Notice of Research (HFD–9), Food and Drug public administrative proceedings, Meetings Administration, 5600 Fishers Lane, including hearings before public Rockville, MD 20857, 301–443–4695, or advisory committees under 21 CFR part AGENCY: Food and Drug Administration, FDA Advisory Committee Information 14. Under 21 CFR 10.205, HHS. Hotline, 1–800–741–8138 (301–443– representatives of the electronic media ACTION: Notice. 0572 in the Washington, DC area), may be permitted, subject to certain Antiviral Drugs Advisory Committee, limitations, to videotape, film, or SUMMARY: This notice announces code 12531. otherwise record FDA’s public forthcoming meetings of public advisory General function of the committee. administrative proceedings, including committees of the Food and Drug The committee reviews and evaluates presentations by participants. Administration (FDA). This notice also available data concerning the safety and summarizes the procedures for the Meetings of advisory committees shall effectiveness of marketed and meetings and methods by which investigational human drug products for be conducted, insofar as is practical, in interested persons may participate in accordance with the agenda published use in the treatment of acquired open public hearings before FDA’s immune deficiency syndrome (AIDS), in this Federal Register notice. Changes advisory committees. in the agenda will be announced at the AIDS-related complex (ARC), and other FDA has established an Advisory viral, fungal, and mycobacterial beginning of the open portion of a Committee Information Hotline (the meeting. infections. hotline) using a voice-mail telephone Agenda—Open public hearing. Any interested person who wishes to system. The hotline provides the public Interested persons may present data, be assured of the right to make an oral with access to the most current information, or views, orally or in presentation at the open public hearing information on FDA advisory committee writing, on issues pending before the portion of a meeting shall inform the meetings. The advisory committee committee. Those desiring to make contact person listed above, either orally hotline, which will disseminate current formal presentations should notify a or in writing, prior to the meeting. Any information and information updates, contact person before October 31, 1995, person attending the hearing who does can be accessed by dialing 1–800–741– and submit a brief statement of the not in advance of the meeting request an 8138 or 301–443–0572. Each advisory general nature of the evidence or opportunity to speak will be allowed to committee is assigned a 5-digit number. arguments they wish to present, the make an oral presentation at the This 5-digit number will appear in each names and addresses of proposed hearing’s conclusion, if time permits, at individual notice of meeting. The participants, and an indication of the the chairperson’s discretion. hotline will enable the public to obtain approximate time required to make their The agenda, the questions to be information about a particular advisory comments. addressed by the committee, and a committee by using the committee’s 5- Open committee discussion. On current list of committee members will digit number. Information in the hotline November 6, 1995, the committee will be available at the meeting location on is preliminary and may change before a discuss data relevant to new drug the day of the meeting. meeting is actually held. The hotline applications (NDA’s) 20–564 (tablets) will be updated when such changes are Transcripts of the open portion of the and 20–596 (oral solution) for made. TM meeting may be requested in writing lamivudine (Epivir , also known as from the Freedom of Information Office MEETINGS: The following advisory 3TC), sponsored by Glaxo Wellcome. On (HFI–35), Food and Drug committee meetings are announced: November 7, 1995, the committee will Administration, rm. 12A–16, 5600 discuss data relevant to NDA 20–628 for Antiviral Drugs Advisory Committee TM Fishers Lane, Rockville, MD 20857, saquinavir (Invirase ), sponsored by approximately 15 working days after the Date, time, and place. November 6 Hoffman-La Roche. On November 8, meeting, at a cost of 10 cents per page. and 7, 1995, 8:30 a.m., and November 8, 1995, the committee will discuss The transcript may be viewed at the 1995, 8 a.m., Quality Hotel, Maryland confirmatory trials of stavudine TM Dockets Management Branch (HFA– Ballroom, 8727 Colesville Rd., Silver (Zerit , also known as d4T), sponsored 305), Food and Drug Administration, Spring, MD. by Bristol-Myers Squibb. All products rm. 1–23, 12420 Parklawn Dr., Type of meeting and contact person. listed above are for the treatment of Rockville, MD 20857, approximately 15 Open committee discussion, November human immunodeficiency virus working days after the meeting, between 6, 1995, 8:30 a.m. to 11:30 a.m.; open infection. the hours of 9 a.m. and 4 p.m., Monday public hearing, 11:30 a.m. to 12 m., Closed committee deliberations. On through Friday. Summary minutes of unless public participation does not last November 8, 1995, the committee will the open portion of the meeting may be that long; open committee discussion, discuss trade secret and/or confidential requested in writing from the Freedom 12 m. to 5 p.m.; open committee commercial information relevant to of Information Office (address above) discussion, November 7, 1995, 8:30 a.m. pending NDA’s. This portion of the beginning approximately 90 days after to 11:30 a.m.; open public hearing, meeting will be closed to permit the meeting. 11:30 a.m. to 12 m., unless public discussion of this information (5 U.S.C. 552b(c)(4)). This notice is issued under section participation does not last that long; 10(a)(1) and (2) of the Federal Advisory open committee discussion, 12 m. to 5 Biological Response Modifiers Committee Act (5 U.S.C. app. 2), and p.m.; open committee discussion, Advisory Committee FDA’s regulations (21 CFR part 14) on November 8, 1995, 8 a.m. to 10 a.m.; advisory committees. open public hearing, 10 a.m. to 10:30 Date, time, and place. November 13, a.m., unless public participation does 1995, 8 a.m., Parklawn Bldg., conference Dated: October 16, 1995. not last that long; open committee rooms D and E, 5600 Fishers Lane, David A. Kessler, discussion, 10:30 a.m. to 12:30 p.m.; Rockville, MD. Commissioner of Food and Drugs. closed committee deliberations, 12:30 Type of meeting and contact person. [FR Doc. 95–26053 Filed 10–19–95; 8:45 am] p.m. to 4 p.m.; Lee L. Zwanziger or Liz Open public hearing, 8 a.m. to 9 a.m., BILLING CODE 4160±01±F Ortuzar, Center for Drug Evaluation and unless public participation does not last 54236 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices that long; open committee discussion, 9 a.m. to 4 p.m.; closed committee an open public hearing represents a a.m. to 1 p.m.; open public hearing, 1 deliberations, 4 p.m. to 5 p.m.; Leander minimum rather than a maximum time p.m. to 1:15 p.m., unless public B. Madoo, Center for Drug Evaluation for public participation, and an open participation does not last that long; and Research (HFD–9), Food and Drug public hearing may last for whatever open committee discussion, 1:15 p.m. to Administration, 5600 Fishers Lane, longer period the committee 4:15 p.m.; closed committee Rockville, MD 20857, 301–443–4695, or chairperson determines will facilitate deliberations, 4:15 p.m. to 6 p.m.; FDA Advisory Committee Information the committee’s work. William Freas or Pearline K. Hotline, 1–800–741–8138 (301–443– Public hearings are subject to FDA’s Muckelvene, Center for Biologics 0572 in the Washington, DC area), guideline (subpart C of 21 CFR part 10) Evaluation and Research (HFM–21), Pulmonary-Allergy Drugs Advisory concerning the policy and procedures Food and Drug Administration, 1401 Committee, code 12545. for electronic media coverage of FDA’s Rockville Pike, Rockville, MD 20852, General function of the committee. public administrative proceedings, 301–827–0314, or FDA Advisory The committee reviews and evaluates including hearings before public Committee Information Hotline, 1–800– data on the safety and effectiveness of advisory committees under 21 CFR part 741–8138 (301–443–0572 in the marketed and investigational human 14. Under 21 CFR 10.205, Washington, DC area), Biological drugs for use in the treatment of representatives of the electronic media Response Modifiers Advisory pulmonary disease and diseases with may be permitted, subject to certain Committee, code 12388. allergic and/or immunologic limitations, to videotape, film, or General function of the committee. mechanisms. otherwise record FDA’s public The committee reviews and evaluates Agenda—Open public hearing. administrative proceedings, including data relating to the safety, effectiveness, Interested persons may present data, presentations by participants. and appropriate use of biological information, or views, orally or in Meetings of advisory committees shall response modifiers which are intended writing, on issues pending before the be conducted, insofar as is practical, in for use in the prevention and treatment committee. Those desiring to make accordance with the agenda published of a broad spectrum of human diseases. formal presentations should notify the in this Federal Register notice. Changes Agenda—Open public hearing. contact person before November 9, in the agenda will be announced at the Interested persons may present data, 1995, and submit a brief statement of beginning of the open portion of a information, or views, orally or in the general nature of the evidence or meeting. writing, on issues pending before the arguments they wish to present, the Any interested person who wishes to committee. Those desiring to make names and addresses of proposed be assured of the right to make an oral formal presentations should notify the participants, and an indication of the presentation at the open public hearing contact person before November 5, approximate time required to make their portion of a meeting shall inform the contact person listed above, either orally 1995, and submit a brief statement of comments. Open committee discussion. The or in writing, prior to the meeting. Any the general nature of the evidence or committee will be briefed on the person attending the hearing who does arguments they wish to present, the Pediatric Labeling Rule and the data not in advance of the meeting request an names and addresses of proposed necessary to support pediatric labeling opportunity to speak will be allowed to participants, and an indication of the of drugs. The committee will discuss make an oral presentation at the approximate time required to make their NDA 20–114, Astelin nasal spray hearing’s conclusion, if time permits, at comments. (azelastine), for seasonal allergic the chairperson’s discretion. Open committee discussion. The rhinitis. The sponsor is Carter-Wallace, The agenda, the questions to be committee will discuss: (1) Product Inc. addressed by the committee, and a license application supplement, Closed committee deliberations. The current list of committee members will reference number 95–0100, for GM–CSF committee will review trade secret and/ be available at the meeting location on Immunex Corp., for peripheral stem cell or confidential commercial information the day of the meeting. mobilization; and (2) product license relevant to pending investigational new Transcripts of the open portion of the application supplement, reference drug applications and NDA’s. This meeting may be requested in writing number 95–0475, for G–CSF, Amgen portion of the meeting will be closed to from the Freedom of Information Office Inc., also for the same indication permit discussion of this information (5 (HFI–35), Food and Drug (peripheral stem cell mobilization). U.S.C. 552b (c)(4)). Administration, rm. 12A–16, 5600 Closed committee deliberations. The Each public advisory committee Fishers Lane, Rockville, MD 20857, committee will discuss trade secret and/ meeting listed above may have as many approximately 15 working days after the or confidential commercial information as four separable portions: (1) An open meeting, at a cost of 10 cents per page. relevant to pending investigational new public hearing, (2) an open committee The transcript may be viewed at the drug applications. This portion of the discussion, (3) a closed presentation of Dockets Management Branch (HFA– meeting will be closed to permit data, and (4) a closed committee 305), Food and Drug Administration, discussion of this information (5 U.S.C. deliberation. Every advisory committee rm. 1–23, 12420 Parklawn Dr., 552b(c)(4)). meeting shall have an open public Rockville, MD 20857, approximately 15 Pulmonary-Allergy Drugs Advisory hearing portion. Whether or not it also working days after the meeting, between Committee includes any of the other three portions the hours of 9 a.m. and 4 p.m., Monday will depend upon the specific meeting through Friday. Summary minutes of Date, time, and place. November 17, involved. The dates and times reserved the open portion of the meeting may be 1995, 8 a.m., Parklawn Bldg., conference for the separate portions of each requested in writing from the Freedom rooms G, H, I, and J, 5600 Fishers Lane, committee meeting are listed above. of Information Office (address above) Rockville, MD. The open public hearing portion of beginning approximately 90 days after Type of meeting and contact person. each meeting shall be at least 1 hour the meeting. Open public hearing, 8 a.m. to 9 a.m., long unless public participation does The Commissioner has determined for unless public participation does not last not last that long. It is emphasized, the reasons stated that those portions of that long; open committee discussion, 9 however, that the 1 hour time limit for the advisory committee meetings so Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54237 designated in this notice shall be closed. information on specific investigational Proposed Data Collections Available The Federal Advisory Committee Act or marketed drugs and devices that have for Public Comment and (FACA) (5 U.S.C. app. 2, 10(d)), permits previously been made public; Recommendations such closed advisory committee presentation of any other data or meetings in certain circumstances. information that is not exempt from In compliance with the requirement Those portions of a meeting designated public disclosure pursuant to the FACA, of Section 3506(c)(2)(A) of the as closed, however, shall be closed for as amended; and, deliberation to Paperwork Reduction Act of 1995 for the shortest possible time, consistent formulate advice and recommendations opportunity for public comment on with the intent of the cited statutes. to the agency on matters that do not proposed data collection projects, the The FACA, as amended, provides that independently justify closing. Health Resources and Services a portion of a meeting may be closed This notice is issued under section Administration (HRSA) will publish where the matter for discussion involves 10(a)(1) and (2) of the Federal Advisory periodic summaries of proposed a trade secret; commercial or financial Committee Act (5 U.S.C. app. 2), and information that is privileged or FDA’s regulations (21 CFR part 14) on projects. To request more information confidential; information of a personal advisory committees. on the proposed project or to obtain a copy of the data collection plans and nature, disclosure of which would be a Dated: October 17, 1995. clearly unwarranted invasion of instruments, call the HRSA Reports David A. Kessler, Clearance Officer on (301) 443–1129. personal privacy; investigatory files Commissioner of Food and Drugs. compiled for law enforcement purposes; Comments are invited on: (a) Whether [FR Doc. 95–26151 Filed 10–19–95; 8:45 am] information the premature disclosure of the proposed collection of information BILLING CODE 4160±01±F which would be likely to significantly is necessary for the proper performance frustrate implementation of a proposed of the functions of the agency, including agency action; and information in Health Resources and Services whether the information shall have certain other instances not generally Administration practical utility; (b) the accuracy of the relevant to FDA matters. agency’s estimate of the burden of the Examples of portions of FDA advisory Notice of filing of Annual Report of proposed collection of information; (c) committee meetings that ordinarily may Federal Advisory Committee ways to enhance the quality, utility, and be closed, where necessary and in clarity of the information to be accordance with FACA criteria, include Notice is hereby given that pursuant collected; and (d) ways to minimize the the review, discussion, and evaluation to section 13 of Public Law 92–463, the of drafts of regulations or guidelines or Annual Report for the following Health burden of the collection of information similar preexisting internal agency Resources and Service Administration’s on respondents, including through the documents, but only if their premature Federal Advisory Committee has been use of automated collection techniques disclosure is likely to significantly filed with the Library of Congress: or other forms of information frustrate implementation of proposed Advisory Committee on Infant Mortality technology. agency action; review of trade secrets Copies are available to the public for Proposed Projects: and confidential commercial or inspection at the Library of Congress financial information submitted to the Newspaper and Current Periodical 1. Organ Procurement and agency; consideration of matters Reading Room, Room 1026, Thomas Transplantation Network Regulations— involving investigatory files compiled Jefferson Building, Second Street and 42 CFR Part 121 (Final Rule) for law enforcement purposes; and Independence Avenue SE., Washington, (OMB No. 0915–0184)—Extension review of matters, such as personnel DC. Copies may be obtained from: Ms. and Revision—This final rule records or individual patient records, Kerry P. Nesseler, Maternal & Child establishes the policies governing the where disclosure would constitute a Health Bureau, Health Resources and clearly unwarranted invasion of Organ Procurement and Transplantation Services Administration, Room 18–20, Network (OPTN). These rules will personal privacy. Parklawn Building, 5600 Fishers Lane, Examples of portions of FDA advisory regulate the operation of the OPTN in Rockville, Maryland 20857, Telephone committee meetings that ordinarily shall four major areas: membership (301) 443–2204. not be closed include the review, requirements, patient listing, organ discussion, and evaluation of general Date: October 17, 1995. allocation, and record maintenance and preclinical and clinical test protocols Jackie E. Baum, recording. The final rule contains three and procedures for a class of drugs or Advisory Committee Management Officer, requirements not currently approved devices; consideration of labeling HRSA. under the Paperwork Reduction Act, as requirements for a class of marketed [FR Doc. 95–26052 Filed 10–19–95; 8:45 am] indicated in the table below (footnote 2). drugs or devices; review of data and BILLING CODE 4160±15±P The burden estimates are as follows:
Number of Frequency Hours per re- Total bur- Title respondents of response sponse den hours
121.3(a)(6)(ii) (Reporting) Submission of Policies & Procedures ...... 1 4 0.5 2 121.3(a)(6)(ii) 2 (Disclosure) Sending policies & procedures to OPOs ...... 1 16 75 1,200 121.3(d)(1) (Reporting) Application requirements for OPOs, hospitals, & others ...... 2,774 3 1 0.5 1,387 121.5(c) 2 (Reporting) Submitting criteria for organ accept...... 115 1 0.1 12 121.5(c) 2 (Disclosure) Sending criteria to OPOs ...... 115 1 0.1 12 121.6(b)(4) (Reporting) Reasons for refusal ...... 828 14 0.1 1,200 121.7(e) (Reporting) Transplant to prevent organ wastage ...... 278 4 0.1 111 121.8(b) (Reporting) Application requirements for transplant centers: A. Medicare/Medicaid Approved programs & VA Hospitals ...... 308 3 1 0.5 154 B. Other programs ...... 350 3 1 2.0 700 54238 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
Number of Frequency Hours per re- Total bur- Title respondents of response sponse den hours
121.11(b)(2): 1 Transplant Candidate Registration ...... 66 536 0.1 3,540 Donor Registration ...... 66 131 0.2 1,730 Potential Recipient Registration ...... 66 469 0.1 3,096 Donor Histocompatability ...... 51 206 0.1 1,051 Transplant Recipient Histocompatability ...... 41 369 0.1 1,881 Transplant Recipient Registration ...... 828 25 0.25 5,191 Transplant Recipient Follow-up ...... 828 138 0.14 16,003
NOTE: Estimated Total Annual Burden: 37,270 hours. 1 The data collection forms for these activities have been approved by the Office of Management and Budget under the Paperwork Reduction Act (OMB No. 0915±0157). 2 These requirements will be submitted for OMB approval. 3 This application burden is expected to occur almost entirely in the first year; the application burden for years 2 and 3 is expected to be about 0.1 of the first-year burden.
The proposed rules also require OPOs Practice of Dentistry (section 749, dentistry; and to fund innovative, and transplant hospitals to maintain PHS Act) nontraditional models for the provision records, as follows: Public Health Traineeships to Schools of postdoctoral General Dentistry of Public Health and Other Public and training. Section Requirement Nonprofit Private Institutions (section 761, PHS Act) Eligible Applicants 121.6(b)(4) ... Documentation of reason for Grants for the Health Administration To be eligible for a Grant for refusal. Traineeships and Special Projects Residency Training and Advanced 121.6(c)(2) ... Documentation of suitability Program (section 771, PHS Act) Education in the General Practice of tests. Grants for Interdisciplinary Training for 121.11(a)(2) . Maintain records on organ do- Dentistry, the applicant shall: nors and recipients. Health Care for Rural Areas (section (a) Be a public or nonprofit private 778, PHS Act) school of dentistry or an accredited postgraduate dental training institution According to staff of OPOs and This program announcement is subject to reauthorization of this (hospital, medical center, or other transplant hospitals, such recordkeeping legislative authority and to the entity) and be accredited by the is integral to the operation of these appropriation of funds. Applicants are appropriate accrediting body, and facilities. Therefore, these advised that this program (b) Be located in any one of the recordkeeping requirements impose no announcement is a contingency action several States of the United States, the additional burden. being taken to assure that should District of Columbia, the Send comments to Patricia Royston, authority and funds become available Commonwealth of Puerto Rico, the HRSA Reports Clearance Officer, Room for this purpose, they can be awarded in Commonwealth of the Northern Mariana 14–36, Parklawn Building, 5600 Fishers a timely fashion consistent with the Islands, the Virgin Islands, Guam, Lane, Rockville, MD 20857. Written needs of the program as well as to American Samoa, the Republic of Palau, comments should be received within 60 provide for even distribution of funds the Republic of the Marshall Islands, days of this notice. throughout the fiscal year. At this time, and the Federated States of Micronesia. Dated: October 16, 1995. given a continuing resolution and the To receive support, programs must J. Henry Montes, absence of FY 1996 appropriations for meet the requirements of final Associate Administrator for Policy title VII programs, the amount of regulations at 42 CFR Part 57, subpart L. Coordination. available funding for these specific grant The period of Federal support should [FR Doc. 95–25970 Filed 10–19–95; 8:45 am] programs cannot be estimated. not exceed 3 years. BILLING CODE 4160±15±P The purpose and eligibility for each of Additional details concerning the these programs are listed below. administration of this program, including funding preferences and Grants for Residency Training and Funding Notice for Grant Programs priorities, have been published in the Advanced Education in the General Federal Register at 60 FR 6138, dated Administered by the Division of Practice of Dentistry Associated, Dental and Public Health February 1, 1995 and at 59 FR 54614, Professions, Bureau of Health Purpose dated November 1, 1994. Professions for Fiscal Year 1996 Section 749 of the PHS Act authorizes Public Health Traineeships to Schools the Secretary to make grants to any of Public Health and Other Public and The Health Resources and Services public or nonprofit private school of Nonprofit Private Institutions Administration (HRSA) announces that dentistry or accredited postgraduate applications will be accepted for four dental training institution (e.g., Purpose grant programs for fiscal year (FY) 1996 hospitals and medical centers) to plan, Section 761 of the Public Health under the authority of title VII of the develop, and operate an approved Service Act authorizes the Secretary to Public Health Service (PHS) Act, as residency or an approved advanced award Public Health Traineeship grants amended by the Health Professions educational program in the general to accredited schools of Public Health Education Extension Amendments of practice of dentistry; to provide and to other public or nonprofit private 1992, Pub. L. 102–408, dated October financial assistance to participants in institutions accredited to provide 13, 1992. These programs include: such a program who are in need of graduate or specialized training in Grants for Residency Training and financial assistance and who plan to public health, for the purpose of Advanced Education in the General specialize in the practice of general providing traineeships to individuals Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54239 who are pursuing a course of study in to the extent to which these regulations (c) The training of faculty in the a health professions field in which there are not inconsistent with the amended economic and logistical problems is a severe shortage of health statute. confronting rural health care delivery professionals (epidemiology, systems; or Eligible Applicants environmental health, biostatistics, (d) The purchase or rental of toxicology, public health nutrition, and Eligible applicants are public or transportation and telecommunication maternal and child health). Funds may nonprofit private educational entities equipment where the need for such be used only for student support. (including graduate schools of social equipment due to unique characteristics The period of Federal support is 1 work but excluding accredited schools of the rural area is demonstrated by the year. Applicants may compete for of public health) that offer a graduate recipient. funding for additional years. program in health administration, Eligibility. To be eligible for a Grant This program is governed by hospital administration, or health policy for Interdisciplinary Training for Health regulations at 42 CFR part 58, subpart C analysis and planning which is Care for Rural Areas, each applicant to the extent to which these regulations accredited by the Accrediting must be located in a State and be: are not inconsistent with the amended Commission on Education in Health statute. Services Administration. Applicants 1. A local health department, or must assure that, in providing 2. A nonprofit organization, or Eligible Applicants traineeships, priority will be given to 3. A public or nonprofit college, Eligible applicants include (1) students who demonstrate a university or school of, or program that Schools of Public Health that have been commitment to employment with public specializes in nursing, mental health accredited by the Council on Education or nonprofit private entities in the fields practice, optometry, public health, for Public Health and (2) other public or with respect to which the traineeships dentistry, osteopathic medicine, nonprofit private institutions accredited are awarded. physician assistants, pharmacy, by a body recognized for this purpose by Additional details concerning the podiatric medicine, allopathic the Secretary of the Department of administration of this program, medicine, chiropractic, or allied health Education when requesting support for including any funding preferences and professions. grant-targeted programs (epidemiology, priorities, have been published in the Applicants eligible to obtain funds environmental health, biostatistics, Federal Register at 58 FR 19269, dated under this grant program shall not toxicology, public health nutrition, and April 13, 1993 and at 58 FR 32711, include for-profit entities, either directly maternal and child health). The dated June 11, 1993. or through a subcontract or subgrant. accredited school or program must be Grants for Interdisciplinary Training located in a State, the District of Each application must be jointly for Health Care for Rural Areas Columbia, the Commonwealth of Puerto submitted by at least two eligible Rico, the Commonwealth of the Purpose applicants. One of the applicants must Northern Mariana Islands, the Virgin be an academic institution. Each Section 778 of the Public Health application must demonstrate the need Islands, Guam, American Samoa, the Service Act, as amended, authorizes the Republic of Palau, the Republic of the and demand for health care services, Secretary to award grants for knowledge of available resources and Marshall Islands, or the Federated States interdisciplinary training projects of Micronesia. the most significant service and designed to provide or improve access educational gaps within its targeted Additional details concerning the to health care in rural areas. administration of this program have geographic area. One applicant must be Specifically, projects funded under this designated the principal organization been published in the Federal Register authority shall be designed to: at 58 FR 19272, dated April 13, 1993 responsible and accountable for the (a) Use new and innovative methods conduct of the proposed project. and at 58 FR 32711, dated June 11, to train health care practitioners to 1993. provide services in rural areas; Support may be requested for this grant program for a project period of not Grants for the Health Administration (b) Demonstrate and evaluate more than three years. Traineeships and Special Projects innovative interdisciplinary methods Program and models designed to provide access Additional details concerning the to cost-effective comprehensive health administration of this program, Purpose care; including any funding preferences and Section 771 of the Public Health (c) Deliver health care services to priorities, have been published in the Service Act authorizes the Secretary to: individuals residing in rural areas; Federal Register at 59 FR 771, dated (1) Award grants which provide (d) Enhance the amount of relevant January 6, 1994. traineeships for students enrolled in an research conducted concerning health National Health Objectives for the Year accredited program of health care issues in rural areas; and 2000 administration, hospital administration, (e) Increase the recruitment and or health policy analysis and planning retention of health care practitioners in The Public Health Service urges programs; and rural areas and make rural practice a applicants to submit work plans that (2) Assist programs of health more attractive career choice for health address specific objectives of Healthy administration in the development or care practitioners. People 2000. Potential applicants may improvement of programs to prepare A recipient of funds may use various obtain a copy of Healthy People 2000 students for employment with public or methods in carrying out the projects (Full Report; Stock No. 017–001–00474– nonprofit private entities. described above. The legislation cites 0) or Healthy People 2000 (Summary The period of Federal support is 1 the following methods as examples: Report; Stock No. 017–001–00473–1) year. Applicants must compete annually (a) The distribution of stipends to through the Superintendent of for additional funding. students of eligible applicants; Documents, Government Printing This program is governed by (b) The establishment of a Office, Washington, D.C. 20402–9325 regulations at 42 CFR part 58, subpart D postdoctoral fellowship program; (Telephone 202–783–3238). 54240 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
Education and Service Linkage At the There is mail in your mailbox, to your computer. You need to know As part of its long-range planning, RETURN to continue prompt, press the how your communications software HRSA will be targeting its efforts to ENTER key. The system will take you to accomplishes downloading. strengthening linkages between U.S. the FedWorld mail menu. At the Please When you have completed your tour Public Health Service education select an option from above and press of BHPr’s Bulletin Board for this > programs and programs which provide quit to listed on BHPr’s Bulletin Board. Press Lane, Rockville, Maryland 20857. Please prompt
TABLE 1
Grants management Programmatic contact/ Deadline contact/phone No. phone No. date for PHS Title VII section No./program title/CFDA No. FAX: FAX: competing (301) 443±6343 (301) 443±1164 applications
749, Residency Training and Advanced Education in the General Practice Brenda Selser (301) Kathy Hayes (301) 443± 1/2/96 of DentistryÐ93.897. 443±6960. 6896. 761, Public Health TraineeshipsÐ93.964 ...... Wilma Johnson (301) Anne Kahl (301) 443± 12/15/95 443±6880. 6896. 771, Health Administration Traineeships and Special ProjectsÐ93.962 ...... Wilma Johnson (301) Kathy Hayes (301) 443± 12/15/95 443±6880. 6896. 778, Rural Interdisciplinary Training for Health CareÐ93.192 ...... Brenda Selser (301) Judy Arndt (301) 443± 12/15/95 443±6960. 6763. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54241
Paperwork Reduction Act Grants for Faculty Development in medicine, public and private nonprofit The standard application form PHS General Internal Medicine and hospitals, or other public or private 6025–1, HRSA Competing Training General Pediatrics (section 748, PHS nonprofit entities. Grant Application, General Instructions Act) To receive support, applicants must Grants for Residency Training in and supplement for this program have meet the requirements of final General Internal Medicine and been approved by the Office of regulations as specified in 42 CFR part General Pediatrics (section 748, PHS Management and Budget under the 57, subpart FF and section 791(b) of the Act) Paperwork Reduction Act. The OMB PHS Act. The period of Federal support Clearance Number is 0915–0060. This program announcement is will not exceed 3 years. The deadline dates for receipt of subject to reauthorization of this Funding factors for this program applications for each of these grant legislative authority and to the remain unchanged. Additional details programs are shown in Table 1. appropriation of funds. Applicants are concerning the administration of this Applications will be considered to be advised that this program ‘‘on time’’ if they are either: announcement is a contingency action program have been published in the (1) Received on or before the being taken to assure that should Federal Register at 58 FR 51090, dated established deadline date, or authority and funds become available September 30, 1993, 59 FR 18140, dated (2) Sent on or before the established for this purpose, they can be awarded in April 15, 1994 and 60 FR 2976, dated deadline date and received in time for a timely fashion consistent with the January 12, 1995. orderly processing. (Applicants should needs of the program as well as to Grants for Residency Training in request a legibly dated U.S. Postal provide for even distribution of funds General Internal Medicine and General Service postmark or obtain a legibly throughout the fiscal year. At this time, Pediatrics dated receipt from a commercial carrier given a continuing resolution and the or U.S. Postal Service. Private metered absence of FY 1996 appropriations for Purpose postmarks shall not be acceptable as title VII programs, the amount of proof of timely mailing.) available funding for these specific grant Section 748 authorizes the award of Late applications not accepted for programs cannot be estimated. grants for planning, developing, processing will be returned to the The purpose and eligibility for each of operating or participating in approved applicant. In addition, applications these programs are listed below. residency training programs which emphasize the training for the practice which exceed the page limitation and/ Grants for Faculty Development in or do not follow format instructions will of general internal medicine or general General Internal Medicine and General pediatrics. In addition, section 748 not be accepted for processing and will Pediatrics be returned to the applicant. authorizes assistance in meeting the cost These programs are not subject to the Purpose of supporting residents who are in need provisions of Executive Order 12372, Section 748 of the Public Health thereof, who are participants in any Intergovernmental Review of Federal Service Act authorizes Federal such program, and who plan to Programs (as implemented through 45 assistance to schools of medicine and specialize or work in the practice of CFR part 100) and are not subject to the osteopathic medicine, public or private general internal medicine or general Public Health System Reporting nonprofit hospitals or other public or pediatrics. A separate grant program is Requirements. private nonprofit entities for planning, in effect for the faculty development Dated: October 17, 1995. developing and operating programs for component of this provision. Ciro V. Sumaya, the training of physicians who plan to Eligibility Administrator. teach in general internal medicine or [FR Doc. 95–26142 Filed 10–19–95; 8:45 am] general pediatrics training programs. Eligible applicants are accredited BILLING CODE 4160±15±P These grants are intended to promote schools of medicine and osteopathic the development of faculty skills in medicine, public and private nonprofit physicians who are currently teaching hospitals, or other public or private Funding Notice for General Internal or who plan teaching careers in general nonprofit entities. Medicine and General Pediatrics Grant internal medicine or general pediatrics To receive support, programs must Programs for Fiscal Year 1996 training programs. These grants also meet the requirements of regulations as provide financial assistance in meeting set forth in 42 CFR part 57, subpart FF, The Health Resources and Services the cost of supporting physicians who Administration (HRSA) announces that and section 791(b) of the PHS Act. The are trainees in such programs. period of Federal support will not applications will be accepted for In addition, section 748 authorizes the exceed 3 years. General Internal Medicine and General award of grants to support general Pediatrics grant programs for fiscal year internal medicine or general pediatrics Funding factors for this program (FY) 1996 under the authority of section residency training programs and a remain unchanged. Additional details 748, title VII of the Public Health separate grant program exists for this concerning the administration of these Service Act (the Act), as amended by the purpose. programs have been published in the Health Professions Education Extension Federal Register at 58 FR 51838, dated Amendments of 1992, Pub. L. 102–408, Eligibility October 5, 1993, 59 FR 19731, dated dated October 13, 1992. These grant Eligible applicants are accredited April 25, 1994, and 60 FR 2976, dated programs include: schools of medicine and osteopathic January 12, 1995. 54242 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
TABLE 1
Deadline PHS Title VII section No./ Grants management Programmatic contact/ date for program title/CFDA No./program regulations contact/phone No. (FAX: phone No. (FAX: competing (301) 443±6343) (301) 443±8890) applications
748 Faculty Development Training in General Internal Medicine and Gen- Brenda Selser (301) Elsie Quinones (301) 443± 12/18/95 eral PediatricsÐ93.900Ð42 CFR part 57, subpart FF. 443±6960. 1467. 748 Residency Training in General Internal Medicine and General Pediat- Brenda Selser (301) Brenda Williamson (301) 12/18/95 rics 93.884 42 CFR part 57, subpart FF. 443±6960. 443±1467.
National Health Objectives for the Year You may also access the BHPr listed on BHPr’s Bulletin Board. Press 2000 Bulletin Board through the FedWorld (R) to (R)ead a file and type the name Bulletin Board. Dial (703) 321–3339. If of the file. Press (D) to (D)ownload a file The Public Health Service urges you have not used FedWorld before, to your computer. You need to know applicants to submit work plans that then at the initial prompt, type NEW how your communications software address specific objectives of Healthy instead of your user ID. At the prompts, accomplishes downloading. People 2000. Potential applicants may establish your first and last name, then When you have completed your tour obtain a copy of Healthy People 2000 your password. At the quit to of BHPr’s Bulletin Board for this (Full Report; Stock No. 017–001–00474– prompt
Deadline Dates or for the Nurse Anesthetist Education of the project costs for the second fiscal The deadline date for receipt of Program. year, at least 50 percent of the project applications for each of these grant This program announcement is costs for the third fiscal year, and at programs is shown in Table 1. subject to reauthorization of this least 75 percent of the project costs for Applications will be considered to be legislative authority and to the the fourth or fifth fiscal years. Eligible applicants for projects under ‘‘on time’’ if they are either: appropriation of funds. Applicants are (1) Received on or before the advised that this program section 820(b) are public and nonprofit established deadline date, or announcement is a contingency action private schools of nursing. To receive (2) Sent on or before the established being taken to assure that should support under 820(b) the program deadline date and received in time for authority and funds become available proposed must be operated and staffed orderly processing. (Applicants should for this purpose, awards can be made in by the faculty and students of the school request a legibly dated U.S. Postal a timely fashion consistent with the and must be designed to provide at least Service postmark or obtain a legibly needs of the program as well as to 25 percent of the students of the school dated receipt from a commercial carrier provide for even distribution of funds with a structured clinical experience in or U.S. Postal Service. Private metered throughout the fiscal year. At this time, primary health care. Eligible applicants for projects under postmarks shall not be acceptable as given a continuing resolution and the section 820(c) are public and nonprofit proof of timely mailing.) absence of FY 1996 appropriations for Late applications not accepted for title VIII programs, the amount of private entities. Eligible applicants for projects under processing will be returned to the available funding for these specific grant section 820(d) are public and nonprofit applicant. In addition, applications programs cannot be estimated. private entities that operate accredited which exceed the page limitation and/ Additional details concerning the programs of education in professional or do not follow format instructions will administration of these programs have nursing, or State-board approved not be accepted for processing and will been published in the Federal Register programs of practical or vocational be returned to the applicant. at 59 FR 37764, dated July 25, 1994. You These grant programs are not subject are encouraged to refer to this notice nursing. To receive support under to the provisions of Executive Order which includes the funding preferences 820(d), the applicant must agree that, in 12372, Intergovernmental Review of and priorities for each of the programs. providing fellowships, preference will Federal Programs (as implemented The purpose and eligibility for the be given to eligible individuals who (A) through 45 CFR part 100). Also, these grant programs announced in this are economically disadvantaged grant programs are not subject to the funding notice are listed below: individuals, particularly such individuals who are members of a Public Health System Reporting Nursing Special Projects Requirements. minority group that is underrepresented Purpose: Section 820(a) of the PHS among registered nurses; or (B) are Dated: October 17, 1995. Act authorizes the Secretary to make employed by a nursing facility that will Ciro V. Sumaya, grants for the purpose of assisting assist in paying the costs or expenses. Administrator. schools in increasing the number of The applicant must also agree that the [FR Doc. 95–26141 Filed 10–19–95; 8:45 am] students enrolled in programs of fellowships provided will pay all or part BILLING CODE 4160±15±P professional nursing. of the costs of (A) the tuition, books, and Section 820(b) of the PHS Act fees of the program of nursing with authorizes the Secretary to make grants respect to which the fellowship is Funding Notice for Grant Programs for the establishment or expansion of provided; and (B) reasonable living Funded Under Title VIII of the Public nursing practice arrangements in expenses of the individual during the Health Service Act for Fiscal Year 1996 noninstitutional settings to demonstrate period for which the fellowship is methods to improve access to primary provided. The Health Resources and Services health care in medically underserved Administration (HRSA) announces that communities. Advanced Nurse Education Programs applications will be accepted for fiscal Section 820(c) of the PHS Act Purpose: Section 821 of the Public year (FY) 1996 grants funded under the authorizes the Secretary to make grants Health Service Act authorizes assistance authority of title VIII of the Public for the purpose of providing continuing to meet the costs of projects to: (1) Plan, Health Service Act, as amended by the education for nurses serving in develop and operate new programs, or Nurse Education and Practice medically underserved communities. (2) significantly expand existing Improvement Amendments of 1992, title Section 820(d) of the PHS Act programs leading to advanced degrees II of Public Law 102–408, Health authorizes the Secretary to make grants that prepare nurses to serve as nurse Professions Education Extension for the purpose of providing fellowships educators or public health nurses, or in Amendments of 1992, dated October 13, to individuals who are employed by other clinical nurse specialties 1992. These grant programs include: nursing facilities or home health determined by the Secretary to require Nursing Special Projects (section 820) agencies as nursing paraprofessionals. advanced education. The period of Advanced Nurse Education Programs The request for initial support may Federal support should not exceed 3 (section 821) not exceed 3 years. years. Nursing Education Opportunities for Eligibility: Eligible applicants for Eligibility: To be eligible to receive a Individuals from Disadvantaged projects under section 820(a) are public grant, a school must be a public or Backgrounds (section 827) and nonprofit private schools of nursing nonprofit private collegiate school of Professional Nurse Traineeships with programs of education in nursing and be located in a state. (section 830) professional nursing. To receive support Grants for Nurse Anesthetist (section under 820(a) the school must agree to Nursing Education Opportunities for 831) make available non-Federal Individuals From Disadvantaged No competitive grant cycles are contributions in an amount that is at Backgrounds planned in FY 1996 for the Nurse least 10 percent of the project costs for Purpose: Section 827 of the Public Practitioner/Nurse-Midwifery Programs the first fiscal year, at least 25 percent Health Service Act authorizes grants to 54244 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices increase opportunities for individuals individuals for any period of nursing Grants for Nurse Anesthetists from disadvantaged backgrounds to education; Purpose: Section 831 of the Public pursue a nursing education. Students 6. By publicizing, especially to Health Service Act authorizes the who may have an associate degree in licensed vocational or practical nurses, Secretary to award grants to (1) cover nursing would be eligible to receive existing sources of financial aid the costs of traineeships for licensed funding under this section if they are available to persons enrolled in schools registered nurses to become nurse financially, educationally or culturally of nursing or who are undertaking anesthetists (traineeships); (2) cover the disadvantaged. training necessary to qualify them to costs of projects to develop and operate, For purposes of Grants for Nursing enroll in such schools; and maintain or expand programs for the Education Opportunities for Individuals 7. By providing training, information education of nurse anesthetists from Disadvantaged Backgrounds, ‘‘an or advice to the faculty of such schools (education programs)—There Will Be individual from a disadvantaged with respect to encouraging such No Competing Cycle in FY 1996 for the background’’ is one who: (1) Comes individuals to complete the programs of Education Program; and (3) provide from an environment that has inhibited nursing education in which the financial assistance to certified the individual from obtaining the individuals are enrolled. registered nurse anesthetists (CRNA) knowledge, skills, and abilities required who are faculty members in accredited to enroll in and graduate from a school The period of Federal support should not exceed 3 years. programs to enable such nurse of nursing; or (2) comes from a family anesthetists to obtain advanced with an annual income below a level Eligibility: Public and nonprofit education relevant to their teaching based on low-income thresholds private schools of nursing and other functions (faculty fellowships). For according to family size published by public or nonprofit private entities are traineeship or faculty fellowship grants, the U.S. Bureau of Census, adjusted eligible for grant support. applicants must compete for Federal annually for changes in the Consumer support annually. Price Index, and multiplied by a factor Professional Nurse Traineeships Eligibility: Eligible applicants for to be determined by the Secretary for Purpose: Section 830 of the Public Grants for Nurse Anesthetists are public adaptation to this program (42 CFR Health Service Act authorizes the or private nonprofit institutions which 57.2904). Secretary to award grants to meet the provide registered nurses with full-time The following income figures cost of traineeships for individuals in nurse anesthetist training and are determine what constitutes a low advanced-degree programs in order to accredited by an entity or entities income family for purposes of Grants for educate the individuals to serve in and designated by the Secretary of Nursing Education Opportunities for prepare for practice as nurse Education. Individuals from Disadvantaged practitioners, nurse midwives, nurse Backgrounds for FY 1996. educators, public health nurses, or in National Health Objectives for the Year other clinical nursing specialties 2000 Income Size of parents' family 1 determined by the Secretary to require level 2 The Public Health Service urges advanced education. Federal support applicants to submit work plans that 1 ...... $10,000 must be requested annually. address specific objectives of Healthy 2 ...... 12,900 Eligibility: Eligible applicants are People 2000. Potential applicants may 3 ...... 15,400 public or private nonprofit entities obtain a copy of Healthy People 2000 4 ...... 19,700 which provide (1) advanced-degree (Full Report; Stock No. 017–001–00474– 5 ...... 23,200 programs to educate individuals as 0) or Healthy People 2000 (Summary 6 or more ...... 26,100 nurse practitioners, nurse-midwives, Report; Stock No. 017–001–00473–1) 1 Includes only dependents listed on Federal nurse educators, public health nurses or through the Superintendent of income tax forms. as other clinical nursing specialists; or Documents, Government Printing 2 Adjusted gross income for calendar year 1994, rounded to $100. (2) nurse-midwifery certificate programs Office, Washington, D.C. 20402–9325 that conform to guidelines established (Telephone 202–783–3238). Grants may be awarded to eligible by the Secretary under section 822(b). applicants to meet the costs of special Education and Service Linkage Applicants must agree that: projects to increase nursing education As part of its long-range planning, (a) In providing traineeships, the opportunities for individuals from HRSA will be targeting its efforts to applicant will give preference to disadvantaged backgrounds: strengthening linkages between U.S. individuals who are residents of health 1. By identifying, recruiting and Public Health Service education professional shortage areas designated selecting such individuals; programs and programs which provide under section 332 of the Act; 2. By facilitating the entry of such comprehensive primary care services to individuals into schools of nursing; (b) The applicant will not provide a the underserved. 3. By providing counseling or other traineeship to an individual enrolled in services designed to assist such a master’s of nursing program unless the Smoke-Free Workplace individuals to complete successfully individual has completed basic nursing The Public Health Service strongly their nursing education; preparation, as determined by the encourages all grant recipients to 4. By providing, for a period prior to applicant; and provide a smoke-free workplace and to the entry of such individuals into the (c) Traineeships provided with the promote the non-use of all tobacco regular course of education at a school grant will pay all or part of the costs of products and Public Law 103–227, the of nursing, preliminary education the tuition, books, and fees of the Pro-Children Act of 1994, prohibits designed to assist them to complete program of nursing with respect to smoking in certain facilities that receive successfully such regular course of which the traineeship is provided and Federal funds in which education, education; reasonable living expenses of the library, day care, health care, and early 5. By paying such stipends as the individual during the period for which childhood development services are Secretary may determine for such the traineeship is provided. provided to children. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54245
Application Availability 487–4608 weekdays from 10 am to 4 the mail by sending a written request to pm. the Grants Management Branch at the Application materials are available on Once you have accessed the BHPr address above. Written requests may the World Wide Web at address: http:/ Bulletin Board, you will be asked for also be sent via FAX (301) 443–6343 or /www.os.dhhs.gov/hrsa/. Click on the your first and last name. It will also ask via the internet addresses listed above. file name you want to download to your you to choose a password. Remember Completed applications should be computer. It will be saved as a self- Your Password! The first time you logon returned to the Grants Management extracting WordPerfect 5.1 file. you ‘‘register’’ by answering a number of Branch at the above address. Please see Applications can also be obtained other questions. The next time you Table 1 for specific name and phone from the Bureau of Health Professions logon, BHPr’s Bulletin Board will know number for each grant program. (BHPr) Electronic Bulletin Board. Use you. If additional programmatic your computer and modem to call (301) Press (F) for the (F)iles Menu and (L) information is needed, please contact 443–5913. Set your modem parameters to (L)ist Files. Press (L) again to see a list the Division of Nursing, Bureau of to 2400 baud, parity to none, data bits of numbered file areas. To see a list of Health Professions, Health Resources to 8, and stop bits to 1. Set your files in any area, type the number and Services Administration, Parklawn terminal emulation to ANSI or VT–100. corresponding to that area. Competitive Building, Room 9–36, 5600 Fishers After November 1, 1995, the BHPr BBS application materials for grant programs Lane, Rockville, Maryland 20857. Please will be able to accept phone speeds up administered by the Bureau of Health see Table 1 for specific names and to 28,000 bps. Professions are located in the File Area phone numbers for each grant program. You may also access the BHPr item ‘‘B’’ titled Grants Announcements. Bulletin Board through the FedWorld To (R)ead a file or (D)ownload a file, Application Forms Bulletin Board. Dial (703) 321–3339. If you need to know its exact name as The standard application form PHS you have not used FedWorld before, listed on BHPr’s Bulletin Board. Press 6025–1, HRSA Competing Training then at the initial prompt, type NEW (R) to (R)ead a file and type the name Grant Application, General Instructions instead of your user ID. At the prompts, of the file. Press (D) to (D)ownload a file and supplement for these grant establish your first and last name, then to your computer. You need to know programs have been approved by the your password. At the quit to how your communications software Office of Management and Budget under prompt
TABLE 1
Deadline Grants management Programmatic contact/ date for PHS Title VIII section No./program title/CFDA No. contact/phone No.(FAX: phone No.(FAX: competing (301) 443±6343) (301) 443±8586) applications
820, Nursing Special ProjectsÐ93.359 ...... Ms. Wilma Johnson Ms. Elaine Cohen (301) 12/15/95 (301) 443±6880. 443±6193. 821, Advanced Nurse EducationÐ93.299 ...... Ms. Brenda Selser (301) Dr. Thomas P. Phillips 02/01/96 443±6960. (301) 443±6333. 827, Nursing Education Opportunities for Individuals from Disadvantaged Ms. Wilma Johnson Ms. Helen Lotsikas (301) 12/15/95 BackgroundsÐ93.178. (301) 443±6880. 443±5763. 830, Professional Nurse TraineeshipsÐ93.358 ...... Ms. Wilma Johnson Ms. Marcia Starbecker 12/15/95 (301) 443±6880. (301) 443±6193. 54246 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
TABLE 1ÐContinued
Deadline Grants management Programmatic contact/ date for PHS Title VIII section No./program title/CFDA No. contact/phone No.(FAX: phone No.(FAX: competing (301) 443±6343) (301) 443±8586) applications
831,1 Nurse Anesthetist ProgramsÐ93.124, 93.916, 93.907 ...... Ms. Wilma Johnson Ms. Marcia Starbecker 12/15/95 (301) 443±6880. (301) 443±6193. 1 No competing cycle in FY 1996 for Nurse Anesthetist Education Programs.
These title VIII grant programs are not Date: November 2, 1995. National Institute on Aging; Notice of subject to the provisions of Executive Time: 10:45 a.m. Meeting of the Board of Scientific Order 12372, Intergovernmental Review Place: Parklawn Building, Room 9C–26, Counselors of Federal Programs (as implemented 5600 Fishers Lane, Rockville, MD 20857. Contact Person: Phyllis D. Artis, Parklawn Pursuant to Pub. L. 92–463, notice is through 45 CFR part 100). Also, these Building, Room 9C–26, 5600 Fishers Lane, grant programs are not subject to the hereby given of the meeting of the Board Rockville, MD 20857, Telephone: 301, 443– of Scientific Counselors, National Public Health System Reporting 6470. Requirements. Institute on Aging (NIA), October 24–25, The meetings will be closed in accordance 1995, to be held at the Gerontology Dated: October 17, 1995. with the provisions set forth in secs. 552b(c) Research Center, Baltimore, Maryland. Ciro V. Sumaya, (4) and 552b(c)(6), Title 5, U.S.C. Applications and/or proposals and the The meeting will be open to the public Administrator. discussions could reveal confidential trade from 8:45 a.m. until 12:30 p.m.; and [FR Doc. 95–26140 Filed 10–19–95; 8:45 am] secrets or commercial property such as again from 1:45 until 4:30 p.m. on BILLING CODE 4160±15±P patentable material and personal information Tuesday, October 24. On Wednesday, concerning individuals associated with the October 25, the meeting will be open applications and/or proposals, the disclosure from 8:30 a.m. until 12:00 p.m.; and National Institutes of Health of which would constitute a clearly again from 1:30 until adjournment. unwarranted invasion of personal privacy. Attendance by the public will be limited National Institute of Mental Health; This notice is being published less then to space available. Notice of Closed Meetings fifteen days prior to the meeting due to the urgent need to meet timing limitations In accordance with the provisions set Pursuant to Section 10(d) of the imposed by the grant review cycle. forth in sec. 552b(c)(6), Title 5, U.S.C. Federal Advisory Committee Act, as (Catalog of Federal Domestic Assistance and sec. 10(d) of Pub. L. 92–463, the amended (5 U.S.C. Appendix 2), notice Program Numbers 93.242, 93.281, 93.282) meeting will be closed to the public on is hereby given of the following Dated: October 16, 1995. October 24, from 8:15 to 8:45 a.m.; from 12:30 to 1:45 p.m.; and again from 4:30 meetings of the National Institute of Susan K. Feldman, Mental Health Special Emphasis Panel: until recess. On October 25, the meeting Committee Management Officer, NIH. will be closed from 12:00 to 1:30 p.m. Agenda/Purpose: To review and evaluate [FR Doc. 95–25969 Filed 10–19–95; 8:45 am] for the review, discussion, and grant applications. BILLING CODE 4140±01±M evaluation of individual programs and Committee Name: National Institute of Mental Health Special Emphasis Panel. projects conducted by the National Institute on Aging, NIH, including Date: October 29, 1995. National Institute on Deafness and Time: 5 p.m. consideration of personnel Place: Chevy Chase Holiday Inn, 5520 Other Communication Disorders; qualifications and performance, and the Wisconsin Avenue, Chevy Chase, MD 20815. Amended Notice of Meeting competence of individual investigators, Contact Person: Angela L. Redlingshafer, Notice is hereby given of a change in the disclosure of which would Parklawn Building, Room 9C–18, 5600 constitute clearly unwarranted invasion Fishers Lane, Rockville, MD 20857, the October 27, 1995 meeting of the Telephone: 301, 443–1367. Deafness and Other Communication of personal privacy. Disorders Programs Advisory Ms. June McCann, Committee Committee Name: National Institute of Management Officer, NIA, Gateway Mental Health Special Emphasis Panel. Committee, which was published in the Date: October 31, 1995. Federal Register on October 5, 1995, 60 Building, Room 2C218, National Time: 1 p.m. FR 52199. Institutes of Health, Bethesda, Maryland Place: Parklawn Building, Room 9–101, The committee was to have convened 20892, (301/496–9322), will provide a 5600 Fishers Lane, Rockville, MD 20857. at 8:00 a.m. on October 27 in Building summary of the meeting and a roster of Contact Person: Shirley H. Maltz, Parklawn 31C, Conference Room 6, 900 Rockville committee members upon request. Building, Room 9–101, 5600 Fishers Lane, Pike, Bethesda, MD. The meeting has Dr. Dan L. Longo, Scientific Director, Rockville, MD 20857, Telephone: 301, 443– NIA, Gerontology Research Center, 4940 3936. been changed to a telephone conference call, and will be held from 10:30 a.m.– Eastern Avenue, Baltimore, Maryland Committee Name: National Institute of 1:00 p.m. EST, in Building 31C, Room 21224, will furnish substantive program Mental Health Special Emphasis Panel. information. Date: November 1, 1995. 3C05. The entire meeting will be open to the Individuals who plan to attend and Time: 10 a.m. need special assistance, such as sign Place: Parklawn Building, Room 9–101, public, with attendance limited to space 5600 Fishers Lane, Rockville, MD 20857. available. language interpretation or other reasonable accommodations, should Contact Person: Shirley H. Maltz, Parklawn Dated: October 17, 1995. Building, Room 9–101, 5600 Fishers Lane, contact the Scientific Director in Susan K. Feldman, Rockville, MD 20857, Telephone: 301, 443– advance of the meeting. 3936. Committee Management Officer, NIH. This notice is being published less Committee Name: National Institute of [FR Doc. 95–26187 Filed 10–19–95; 8:45 am] than fifteen days prior to the meeting Mental Health Special Emphasis Panel. BILLING CODE 4140±01±M due to the urgent need to meet timing Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54247 limitations imposed by the intramural DEPARTMENT OF HOUSING AND Properties listed as suitable/available research review cycle. URBAN DEVELOPMENT will be available exclusively for homeless use for a period of 60 days (Catalog of Federal Domestic Assistance Office of the Assistant Secretary for Program No. 93.866, Aging Research, from the date of this Notice. Homeless Community Planning and National Institutes of Health) assistance providers interested in any Development such property should send a written Dated: October 17, 1995. [Docket No. FR±3778±N±59] expression of interest to HHS, addressed Susan K. Feldman, to Brian Rooney, Division of Health Committee Management Officer, NIH. Federal Property Suitable as Facilities Facilities Planning, U.S. Public Health [FR Doc. 95–26188 Filed 10–19–95; 8:45 am] To Assist the Homeless Service, HHS, room 17A–10, 5600 BILLING CODE 4140±01±M Fishers Lane, Rockville, MD 20857; AGENCY: Office of the Assistant (301) 443–2265. (This is not a toll-free Secretary for Community Planning and number.) HHS will mail to the Substance Abuse and Mental Health Development, HUD. interested provider an application Services Administration ACTION: Notice. packet, which will include instructions for completing the application. In order SUMMARY: This Notice identifies Center for Substance Abuse to maximize the opportunity to utilize a unutilized, underutilized, excess, and Prevention; Notice of Meeting suitable property, providers should surplus Federal property reviewed by submit their written expressions of HUD for suitability for possible use to Pursuant to Pub. L. 92–463, notice is interest as soon as possible. For assist the homeless. hereby given of the meeting of the Drug complete details concerning the Testing Advisory Board of the Center for ADDRESSES: For further information, processing of applications, the reader is Substance Abuse Prevention in contact Mark Johnston, room 7256, encouraged to refer to the interim rule December 1995. Department of Housing and Urban governing this program, 56 FR 23789 Development, 451 Seventh Street SW, (May 24, 1991). The meeting agenda will include Washington, DC 20410; telephone (202) discussion of announcements and For properties listed as suitable/to be 708–1226; TDD number for the hearing- excess, that property may, if reports of administrative, legislative, and speech-impaired (202) 708–2565 and program developments. It will also subsequently accepted as excess by (these telephone numbers are not toll- GSA, be made available for use by the include reviews of sensitive National free), or call the toll-free Title V homeless in accordance with applicable Laboratory Certification Program (NLCP) information line at 1–800–927–7588. law, subject to screening for other internal operating procedures and SUPPLEMENTARY INFORMATION: In Federal use. At the appropriate time, program development issues. Therefore, accordance with 56 FR 23789 (May 24, HUD will publish the property in a a portion of this meeting will be closed 1991) and section 501 of the Stewart B. Notice showing it as either suitable/ to the public as determined by the McKinney Homeless Assistance Act (42 available, or suitable/unavailable. Administrator, SAMHSA, in accordance U.S.C. 11411), as amended, HUD is For properties listed as suitable/ with 5 U.S.C. 552b(c)(2), (4), and (6) and publishing this Notice to identify unavailable, the landholding agency has 5 U.S.C. Appendix 2, section 10(d). Federal buildings and other real decided that the property cannot be A summary of this meeting and roster property that HUD has reviewed for declared excess or made available for of committee members may be obtained suitability for use to assist the homeless. use to assist the homeless, and the from: Ms. Vera L. Jones, Committee The properties were reviewed using property will not be available. Management Officer, CSAP, Rockwall II information provided to HUD by Properties listed as unsuitable will Building, Room 7A 140, 5600 Fishers Federal landholding agencies regarding not be made available for any other Lane, Rockville, MD 20857, Telephone: unutilized and underutilized buildings purpose for 20 days from the date of this (301) 443–9542. and real property controlled by such Notice. Homeless assistance providers agencies or by GSA regarding its Substantive program information may interested in a review by HUD of the inventory of excess or surplus Federal be obtained from the contact whose determination of unsuitability should property. This Notice is also published name, room number, and telephone call the toll free information line at 1– in order to comply with the December number is listed below. 800–927–7588 for detailed instructions 12, 1988 Court order in National or write a letter to Mark Johnston at the Committee Name: Drug Testing Advisory Coalition for the Homeless v. Veterans address listed at the beginning of this Board. Administration, No. 88–2503–OG Notice. Included in the request for Meeting Date(s): December 7, 1995. (D.D.C.) . review should be the property address Place: DoubleTree Hotel, 1750 Rockville Properties reviewed are listed in this (including zip code), the date of Pike, Rockville, Maryland 20857. Notice according to the following publication in the Federal Register, the Open: December 7, 1995, 8:30 a.m.–10:00 categories: Suitable/available, suitable/ landholding agency, and the property a.m. unavailable, suitable/to be excess, and number. Closed: December 7, 1995, 10:00 a.m.– unsuitable. The properties listed in the For more information regarding Adjournment. three suitable categories have been particular properties identified in this Contact: Donna M. Bush, Ph.D.; Parklawn reviewed by the landholding agencies, Notice (i.e., acreage, floor plan, existing Building, Room 13A–54; Telephone: (301) and each agency has transmitted to sanitary facilities, exact street address), 443–6014. HUD: (1) Its intention to make the providers should contact the Dated: October 17, 1995. property available for use to assist the appropriate landholding agencies at the Jeri Lipov, homeless, (2) its intention to declare the following addresses: GSA: Ed Guilford, Committee Management Officer, Substance property excess to the agency’s needs, or Federal Property Resources Services, Abuse and Mental Health Services (3) a statement of the reasons that the GSA, 18th and F Streets NW, Administration. property cannot be declared excess or Washington, DC 20405; (202) 501–2059; [FR Doc. 95–26051 Filed 10–19–95; 8:45 am] made available for use as facilities to Dept. of Interior: Lola D. Knight, BILLING CODE 4162±20±P assist the homeless. Property Management Specialist, Dept. 54248 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices of Interior, 1849 C St. NW, Mailstop Bldg. 764A Middletown Co: Des Moines IA 52638– 5512–MIB, Washington, DC 20240; (202) Iowa Army Ammunition Plant Landholding Agency: Army 208–4080; Dept. of Transportation: Middletown Co: Des Moines IA 52638– Property Number: 219520098 Ronald D. Keefer, Director, Landholding Agency: Army Status: Unutilized Property Number: 219520089 Comment: 576 sq. ft., most recent use— Administrative Services & Property Status: Unutilized garage. Management, DOT, 400 Seventh St. SW, Comment: 576 sq. ft., most recent use— Bldg. 781A room 10319, Washington, DC 20590; garage. Iowa Army Ammunition Plant (202) 366–4246; U.S. Army: Elaine Bldg. 768A Middletown Co: Des Moines IA 52638– Sims, CECPW–FP, U.S. Army Center for Iowa Army Ammunition Plant Landholding Agency: Army Public Works, 7701 Telegraph Road, Middletown Co: Des Moines IA 52638– Property Number: 219520099 Alexandria, VA 22310–3862; (703) 355– Landholding Agency: Army Status: Unutilized 3475; Corps of Engineers: Bob Property Number: 219520090 Comment: 384 sq. ft., most recent use— Swieconek, Headquarters, Army Corps Status: Unutilized garage. of Engineers, Attn: CERE–MC, Room Comment: 576 sq. ft., most recent use— Bldg. 782A garage. 4224, 20 Massachusetts Ave. NW, Iowa Army Ammunition Plant Washington, DC 20314–1000; (202) 761– Bldg. 769A Middletown Co: Des Moines IA 52638– Iowa Army Ammunition Plant Landholding Agency: Army 1753; (These are not toll-free numbers). Middletown Co: Des Moines IA 52638– Property Number: 219520100 Correction: Property #779520014, 144 Landholding Agency: Army Status: Unutilized Family Facilities in Adak, Alaska, are now Property Number: 219520091 Comment: 576 sq. ft., most recent use— subject to the Base Closure Community Status: Unutilized garage. Redevelopment and Homeless Act of 1994. Comment: 576 sq. ft., most recent use— Bldg. 783A Dated: October 13, 1995. garage. Iowa Army Ammunition Plant Jacquie M. Lawing, Bldg. 770A Middletown Co: Des Moines IA 52638– Iowa Army Ammunition Plant Landholding Agency: Army Deputy Assistant Secretary for Economic Middletown Co: Des Moines IA 52638– Property Number: 219520101 Development. Landholding Agency: Army Status: Unutilized Title V, Federal Surplus Property Program Property Number: 219520092 Comment: 576 sq. ft., most recent use— Federal Register Report for 10/20/95 Status: Unutilized garage. Comment: 864 sq. ft., most recent use— Suitable/Available Properties Bldg. 784A garage. Iowa Army Ammunition Plant Buildings (by State) Bldg. 771A Middletown Co: Des Moines IA 52638– Iowa Iowa Army Ammunition Plant Landholding Agency: Army Middletown Co: Des Moines IA 52638– Property Number: 219520102 Bldg. 685 Landholding Agency: Army Status: Unutilized Iowa Army Ammunition Plant Property Number: 219520093 Comment: 576 sq. ft., most recent use— Middletown Co: Des Moines IA 52638– Status: Unutilized garage. Landholding Agency: Army Comment: 384 sq. ft., most recent use— Property Number: 219520084 Bldg. 785A garage. Status: Unutilized Iowa Army Ammunition Plant Comment: 864 sq. ft., most recent use— Bldg. 772A Middletown Co: Des Moines IA 52638– garage. Iowa Army Ammunition Plant Landholding Agency: Army Bldg. 759A Middletown Co: Des Moines IA 52638– Property Number: 219520103 Iowa Army Ammunition Plant Landholding Agency: Army Status: Unutilized Middletown Co: Des Moines IA 52638– Property Number: 219520094 Comment: 576 sq. ft., most recent use— Landholding Agency: Army Status: Unutilized garage. Property Number: 219520085 Comment: 864 sq. ft., most recent use— Bldg. 786A Status: Unutilized garage. Iowa Army Ammunition Plant Comment: 384 sq. ft., most recent use— Bldg. 773A Middletown Co: Des Moines IA 52638– garage. Iowa Army Ammunition Plant Landholding Agency: Army Bldg. 760A Middletown Co: Des Moines IA 52638– Property Number: 219520104 Iowa Army Ammunition Plant Landholding Agency: Army Status: Unutilized Middletown Co: Des Moines IA 52638– Property Number: 219520095 Comment: 576 sq. ft., most recent use— Landholding Agency: Army Status: Unutilized garage. Property Number: 219520086 Comment: 576 sq. ft., most recent use— Bldg. 791A Status: Unutilized garage. Iowa Army Ammunition Plant Comment: 384 sq. ft., most recent use— Bldg. 774A Middletown Co: Des Moines IA 52638– garage. Iowa Army Ammunition Plant Landholding Agency: Army Bldg. 761A Middletown Co: Des Moines IA 52638– Property Number: 219520105 Iowa Army Ammunition Plant Landholding Agency: Army Status: Unutilized Middletown Co: Des Moines IA 52638– Property Number: 219520096 Comment: 576 sq. ft., most recent use— Landholding Agency: Army Status: Unutilized garage. Property Number: 219520087 Comment: 576 sq. ft., most recent use— Bldg. 792A Status: Unutilized garage. Iowa Army Ammunition Plant Comment: 576 sq. ft., most recent use— Bldg. 775A Middletown Co: Des Moines IA 52638– garage. Iowa Army Ammunition Plant Landholding Agency: Army Bldg. 762A Middletown Co: Des Moines IA 52638– Property Number: 219520106 Iowa Army Ammunition Plant Landholding Agency: Army Status: Unutilized Middletown Co: Des Moines IA 52638– Property Number: 219520097 Comment: 576 sq. ft., most recent use— Landholding Agency: Army Status: Unutilized garage. Property Number: 219520088 Comment: 576 sq. ft., most recent use— Bldg. 793A Status: Unutilized garage. Iowa Army Ammunition Plant Comment: 384 sq. ft., most recent use— Bldg. 779A Middletown Co: Des Moines IA 52638– garage. Iowa Army Ammunition Plant Landholding Agency: Army Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54249
Property Number: 219520107 Iowa Army Ammunition Plant Landholding Agency: Army Status: Unutilized Middletown Co: Des Moines IA 52638– Property Number: 219520188 Comment: 576 sq. ft., most recent use— Landholding Agency: Army Status: Unutilized garage. Property Number: 219520141 Comment: 71 sq. ft., 1-story, needs rehab, Bldg. 794A Status: Excess most recent use—recrea. bldg., presence of Iowa Army Ammunition Plant Comment: 741 sq. ft., most recent use— asbestos & lead base paint. Middletown Co: Des Moines IA 52638– residence, possible asbestos & lead base Bldg. 827 Landholding Agency: Army paint. Iowa Army Ammunition Plant Property Number: 219520108 Bldg. 733 Middletown Co: Des Moines IA 52638– Status: Unutilized Iowa Army Ammunition Plant Landholding Agency: Army Comment: 576 sq. ft., most recent use— Middletown Co: Des Moines IA 52638– Property Number: 219520189 garage. Landholding Agency: Army Status: Unutilized Bldg. 795A Property Number: 219520142 Comment: 7205 sq. ft., 1-story, most recent Iowa Army Ammunition Plant Status: Excess use—recrea. bldg., possible asbestos & lead Middletown Co: Des Moines IA 52638– Comment: 741 sq. ft., most recent use— base paint. Landholding Agency: Army residence, possible asbestos & lead base Bldg. 828 Property Number: 219520109 paint. Iowa Army Ammunition Plant Status: Unutilized Bldg. 734 Middletown Co: Des Moines IA 52638– Comment: 384 sq. ft., most recent use— Iowa Army Ammunition Plant Landholding Agency: Army garage. Middletown Co: Des Moines IA 52638– Property Number: 219520190 Bldg. 796A Landholding Agency: Army Status: Excess Iowa Army Ammunition Plant Property Number: 219520143 Comment: 672 sq. ft., 1-story, most recent Middletown Co: Des Moines IA 52638– Status: Excess use—snack bar, needs rehab, possible Landholding Agency: Army Comment: 741 sq. ft., most recent use— asbestos & lead base paint. Property Number: 219520110 residence, possible asbestos & lead base Silo Status: Unutilized paint. Tract 100, Camp Dodge Johnston Co: Polk IA 50131– Comment: 864 sq. ft., most recent use— Bldg. 738 Landholding Agency: COE garage. Iowa Army Ammunition Plant Property Number: 319530033 Bldg. 797A Middletown Co: Des Moines IA 52638– Status: Excess Iowa Army Ammunition Plant Landholding Agency: Army Comment: Concrete block, 1 story, presence Middletown Co: Des Moines IA 52638– Property Number: 219520144 of asbestos/lead paint, most recent use— Landholding Agency: Army Status: Excess storage, off-site use only. Property Number: 219520111 Comment: 741 sq. ft., most recent use— Status: Unutilized residence, possible asbestos & lead base Shed Comment: 576 sq. ft., most recent use— paint. Tract 100, Camp Dodge garage. Johnston Co: Polk IA 50131 Bldg. 740 Landholding Agency: COE 10 Residential Facilities Iowa Army Ammunition Plant Property Number: 319530034 Iowa Army Ammunition Plant Middletown Co: Des Moines IA 52638– Status: Excess Bldgs. 708, 711, 715–717, 725–729 Landholding Agency: Army Comment: Wood frame, off-site use only, Middletown Co: Des Moines IA 52638– Property Number: 219520145 most recent use—dog house. Landholding Agency: Army Status: Excess Property Number: 219520137 Comment: 741 sq. ft., most recent use— White Shed Status: Excess residence, possible asbestos & lead base Tract 130, Camp Dodge Comment: 958–1992 sq. ft., 1–2 story, some paint. Johnston Co: Polk IA 50131– need rehab, possible asbestos & lead base Landholding Agency: COE Bldg. 741 Property Number: 319530035 paint. Iowa Army Ammunition Plant Status: Excess 10 Residential Facilities Middletown Co: Des Moines IA 52638– Comment: 144 sq. ft., fair condition, presence Iowa Army Ammunition Plant Landholding Agency: Army of asbestos/lead paint, off-site use only, Bldgs. 697–699, 701–707 Property Number: 219520146 most recent use—storage. Middletown Co: Des Moines IA 52638– Status: Excess Play House Landholding Agency: Army Comment: 741 sq. ft., most recent use— Tract 130, Camp Dodge Property Number: 219520138 residence, possible asbestos & lead base Johnston Co: Polk IA 50131– Status: Excess paint. Landholding Agency: COE Comment: 1247–2845 sq. ft., 2-story each, Bldg. 742 Property Number: 319530036 possible asbestos & lead base paint. Iowa Army Ammunition Plant Status: Excess 10 Residential Facilities Middletown Co: Des Moines IA 52638– Comment: 120 sq. ft., good condition, Iowa Army Ammunition Plant Landholding Agency: Army presence of asbestos/lead paint, off-site use Bldgs. 683–684, 686–690, 692–693, 696 Property Number: 219520147 only. Middletown Co: Des Moines IA 52638– Status: Excess Corn Crib Landholding Agency: Army Comment: 741 sq. ft., most recent use— Tract 136, Camp Dodge Property Number: 219520139 residence, possible asbestos & lead base Johnston Co: Polk IA 50131– Status: Excess paint. Landholding Agency: COE Comment: 1457–2989 sq. ft., 2-story each, 744 Property Number: 319530037 possible asbestos & lead base paint. Iowa Army Ammunition Plant Status: Excess Bldg. 731 Middletown Co: Des Moines IA 52638– Comment: Most recent use—storage, fair Iowa Army Ammunition Plant Landholding Agency: Army condition, off-site use only. Middletown Co: Des Moines IA 52638– Property Number: 219520148 Pole Shed Landholding Agency: Army Status: Excess Tract 137, Camp Dodge Property Number: 219520140 Comment: 2238 sq. ft., most recent use— Johnston Co: Polk IA 50131– Status: Excess residence, possible asbestos & lead base Landholding Agency: COE Comment: 741 sq. ft., most recent use— paint. Property Number: 319530038 residence, possible asbestos & lead base Bldg. 810 Status: Excess paint. Iowa Army Ammunition Plant Comment: 720 sq. ft., fair condition, off-site Bldg. 732 Middletown Co: Des Moines IA 52638– use only, most recent use—storage. 54250 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
Storage Shed Land (by State) Bakersfield, CA 93308, telephone 805– Tract 138, Camp Dodge West Virginia 391–6010. Johnston Co: Polk IA 50131– Landholding Agency: COE Tract 1118—Matewan Project Dated: October 11, 1995. Property Number: 319530039 Matewan Co: Mingo. WV 25678– John Skibinski, Status: Excess Landholding Agency: GSA Acting District Manager. Property Number: 549540003 Comment: 100 sq. ft., fair condition, presence Status: Excess [FR Doc. 95–26036 Filed 10–19–95; 8:45 am] of asbestos/lead paint, off-site use only, Reason: Floodway BILLING CODE 4310±40±M most recent use—storage. GSA Number: 4–D–WV–0524. Shed Tract 138, Camp Dodge [FR Doc. 95–25899 Filed 10–19–95; 8:45 am] [WY±985±06±0777±72] Johnston Co: Polk IA 50131– BILLING CODE 4210±29±M Landholding Agency: COE Resource Advisory Council Meeting, Property Number: 319530040 Wyoming Status: Excess DEPARTMENT OF THE INTERIOR Comment: 384 sq. ft., fair condition, presence AGENCY: Bureau of Land Management, Interior. of asbestos/lead paint, off-site use only, Bureau of Land Management most recent use—storage. ACTION: Notice of meeting of the Barn [CA±010±06±1220] Wyoming Resource Advisory Council. Tract 138, Camp Dodge Johnston Co: Polk IA 50131– Meeting of the Bakersfield Resource SUMMARY: This notice sets forth the Landholding Agency: COE Advisory Council schedule and agenda of the meeting of Property Number: 319530041 the Wyoming Resource Advisory AGENCY: Bureau of Land Management. Status: Excess Council (RAC). ACTION: Meeting of the Bakersfield Comment: 1280 sq. ft., needs rehab, presence DATES: November 8 and 9, 1995, 8:30 Resource Advisory Council. of asbestos/lead paint, off-site use only. a.m. until 5 p.m. House SUMMARY: Pursuant to the authorities in ADDRESSES: Fremont County Library, Tract 126, Camp Dodge the Federal Advisory Committee Act Riverton Branch, 1330 West Park, Johnston Co: Polk IA 50131– Landholding Agency: COE (public law 92–463) and the Federal Riverton, WY 82501. Property Number: 319530042 Land Policy and Management Act of FOR FURTHER INFORMATION CONTACT: Status: Excess 1976 (sec. 309), the Bureau of Land Terri Trevino, RAC Coordinator, Comment: 3583 sq. ft., wood frame, presence Management Bakersfield District Wyoming Bureau of Land Management, of asbestos/lead paint, off-site use only. Resource Advisory Council will meet in P.O. Box 1828, Cheyenne, WY 82003, Grain Bin Bishop, California. (307) 775–6020. Tract 139, Camp Dodge DATES: November 8–9, 1995. 8:00 a.m. to SUPPLEMENTARY INFORMATION: The Johnston Co: Polk IA 50131– 5:00 p.m. both days. agenda for the meeting will include: Landholding Agency: COE ADDRESSES: Los Angeles Department of 1. Adopt RAC ground rules. Property Number: 319530043 Water and Power Conference Room, 300 Status: Excess 2. Standards and guidelines (definitions, Comment: Most recent use—grain bin/ Mandich Street, Bishop, California. scope, process). storage, fair condition, off-site use only. SUPPLEMENTARY INFORMATION: The 3. Discussion regarding formation of sub Bakersfield Resource Advisory Council groups and technical review teams. Land (by State) is a 12 member council appointed by 4. Prioritize issues submitted by RAC Arizona the Secretary of the Interior to give members. ACDC Tract No. T–71A counsel and advice regarding planning 5. A discussion by RAC members of the Along the Arizona Canal and management of public land opportunities for training from Glendale Co: Maricopa AZ 85306– resources to the District Manager of the sources including BLM, UW, and Landholding Agency: Interior Bureau of Land Management Bakersfield private sector natural resource Property Number: 619530001 District. The Council will meet to specialists. Status: Excess discuss standards and guidelines for 6. A comparative presentation by BLM Comment: 3.15 acres. grazing operators on public land, and of the process used in Grass Creek Unsuitable Properties Native American issues in the eastern with the one being used for the Sierra and elsewhere. If time allows Buildings (by State) Buffalo RMP. there will be a field trip to Fish Slough. 7. Responsibilities charged by the Georgia The meeting is open to the public, but Interior Secretary and the Charter on Coast Guard Station private transportation must be arranged issues other than standards and St. Simons Island Co: Glynn GA 31522–0577 in order to take part in the field trip. guidelines. Landholding Agency: DOT Anyone wishing to address the Council 8. Public comment. Property Number: 579540002 about any public land issue may do so 9. Set next meeting. Status: Unutilized Reason: Extensive deterioration. during the public comment period This meeting is open to the public. beginning at 1 p.m., November 9, 1995 Interested persons may make oral Virginia or at any time during the meting at the statements to the Council or file written Tidewater Agriculture Station discretion of the designated federal statements for the council’s 6321 Holland Road officer. Written comments may be consideration. Anyone wishing to make Suffolk VA 23437– submitted at the meeting, or to the an oral statement should notify the RAC Landholding Agency: GSA address below. Property Number: 549540002 Coordinator, at the above address by Status: Excess FOR FURTHER INFORMATION CONTACT: November 3, 1995. Reason: Other. Larry Mercer, Public Affairs Officer, Depending on the number of persons Comment: No legal access. Bureau of Land Management, wishing to make oral statements, a time GSA Number: 4–A–VA–709. Bakersfield District, 3801 Pegasus Drive, limit, per person, may be established by Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54251 the Chair of the Resource Advisory segregated from all other forms of With improvements, the proposed Council. appropriation under the public land road will be located within the Robert A. Bennett, laws, including the general mining laws, following boundaries of public lands: Acting State Director. except for lease or conveyance under T. 14 S., R. 40 E., [FR Doc. 95–25992 Filed 10–19–95; 8:45 am] the Recreation and Public Purposes Act Section 9: SE1⁄4NE1⁄4, & E1⁄2SE1⁄4, Boise BILLING CODE 4310±22±M and leasing under the mineral leasing Meridian, Franklin County, Idaho. laws. For a period of 45 days from the FOR FURTHER INFORMATION CONTACT: Jeff date of publication of this notice in the Steele, Pocatello Resource Area [CA±060±1430±01; CACA 35721] Federal Register, interested persons Manager, Bureau of Land Management, may submit comments regarding the Notice of Realty Action; Recreation 1111 N. 8th St., Pocatello, Idaho, 83201 proposed lease/conveyance or (208) 236–6860. and Public Purposes (R&PP) Act classification of the lands to the Area SUPPLEMENTARY INFORMATION: The Classification; California Manager, Palm Springs-South Coast proposed amendment for the Pocatello Resource Area Office, P.O. Box 2000, AGENCY: Bureau of Land Management, Resource Area Management Plan would North Palm Springs, CA 92258–2000. Interior. designate approximately 4000 feet of ACTION: Notice. CLASSIFICATION COMMENTS: Interested improved road as suitable for vehicle parties may submit comments involving use while simultaneously providing a SUMMARY: The following public lands in the suitability of the land for a natural grant for right-of-way along the same Riverside County, California have been recreation area. Comments on the examined and found suitable for route. Issues anticipated from the classification are restricted to whether proposal include; Wild and Scenic classification for lease or conveyance to the land is physically suited for the the City of Canyon Lake under the Eligibility status, recreational use proposal, whether the use will conflicts, and possible restrictions on provisions of the Recreation and Public maximize the future use or uses of the Purposes Act, as amended (43 U.S.C. public use. The following resources will land, whether the use is consistent with be considered in preparing the travel 869 et seq.). The City of Canyon Lake local planning and zoning, or if the use proposes to use the lands for a natural plan amendment; land status, wildlife, is consistent with State and Federal soils, safety, research natural area, recreation area thereby utilizing the programs. lands for hiking, walking, equestrian range, threatened and endangered plants APPLICATION COMMENTS: Interested trails, and picnic grounds for day use and animals species, watershed, parties may submit comments regarding only, cultural, recreation and visual. The the specific use proposed in the amendment and accompanying San Bernardino Meridian, Riverside County, application and plan of development, environmental assessment (EA) will California whether the BLM followed proper provide the basis for modifying the T. 5 S., R. 4 W., administrative procedures in reaching recreation travel plan. The times and Sec. 26, S1⁄2 the decision, or any other factor not schedules for public meetings and Sec. 34, SE1⁄4NE1⁄4, E1⁄2SE1⁄4, SW1⁄4SE1⁄4 directly related to the suitability of the written comments will be announced in Containing 480 acres, more or less. land for a natural recreation park. local news media and through the postal The lands are not required for any Any adverse comments will be service. Relevant documents will be Federal purposes. The lease/conveyance reviewed by the State Director. In the available for public review at the BLM, is consistent with current Bureau absence of any adverse comments, the Pocatello Resource Area Office, planning for this area and would be in classification will become effective 60 Pocatello, Idaho. the public interest. The lease/patent, days from the date of publication of this Dated: September 20, 1995. when issued, will be subject to the notice in the Federal Register. Mary Gaylord, provisions of the Recreation and Public Dated: October 11, 1995. District Manager, Upper Snake River. Purposes Act and to all applicable Julia Dougan, regulations of the Secretary of the [FR Doc. 95–26028 Filed 10–19–95; 8:45 am] Area Manager. Interior, and will contain the following BILLING CODE 4310±GG±P reservations to the United States: [FR Doc. 95–26033 Filed 10–19–95; 8:45 am] 1. A right-of-way thereon for ditches BILLING CODE 4310±40±M or canals constructed by the authority of National Park Service the United States, Act of August 30, [ID±030±5101±00±D013] Development Concept Plan, Channel 1890 (43 U.S.C. 945); Islands National Park, Santa Rosa 2. All minerals shall be reserved to Intent To Prepare a Travel Plan Island, Santa Barbara County, CA; the United States, together with the Amendment to the Pocatello Resource Notice of Availability of Final right to prospect for, mine, and remove Area Management Plan, Idaho Environmental Impact Statement such deposits from the same under applicable law and such regulations as AGENCY: Bureau of Land Management, SUMMARY: Pursuant to section 102(2)(C) the Secretary of the Interior may Interior. of the National Environmental Policy prescribe; ACTION: Notice of Intent. Act of 1969 (Pub. L. 91–190 as and will be subject to prior valid amended), the National Park Service, existing rights. SUMMARY: Pursuant to 43 CFR 1610.3– Department of the Interior, has prepared Detailed information concerning this 1(d) and 8342.2(a), notice is hereby a final environmental impact statement action is available for review at the given that the Pocatello Resource Area, (FEIS) assessing the potential impacts of office of the Bureau of Land Bureau of Land Management, intends to the proposed Development Concept Management, Palm Springs-South Coast conduct an environmental assessment Plan for Santa Rosa Island, Channel Resource Area, 63–500 Garnet Avenue, for the purposes of amending its Islands National Park, Santa Barbara North Palm Springs, California. Resource Management Plan with the County, California. Upon publication of this notice in the designation of a road suitable for vehicle The plan proposes the development of Federal Register, the lands will be use. infrastructure and facilities to support 54252 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices maintenance and protection of resources The strategic plan is due by September INTERSTATE COMMERCE and historic structures, research and 30, 1996; will cover at least a five-year COMMISSION further study of both natural and period; and will be updated every three cultural resources, limited experimental years. [Docket No. AB±55 (Sub-No. 514X)] restoration of natural systems, and the The National Park Service has provision of limited visitor use periodically set goals to guide its CSX Transportation, Inc.Ð opportunities. Maintenance and housing activities in carrying out its mission. In Abandonment ExemptionÐin Monroe facilities would be provided in two and Owen Counties, IN locations. Minor changes in the plan, 1991, the National Park Service including relocation of the housing area undertook a process of self-evaluation, CSX Transportation, Inc. (CSXT), has to an environmentally less sensitive site, culminating in a symposium that filed a notice of exemption under 49 have been made to accommodate identified changes needed to improve CFR 1152 Subpart F—Exempt concerns raised by the public during service to the American people. Those Abandonments to abandon its line of review of the draft environmental recommendations were published as railroad between milepost Q–203.13 at impact statement. The other alternative National Parks for the 21st Century: The Gosport and milepost Q–213.41 at analyzed, no-action, would mean Vail Agenda. In 1994, the National Park Ellettsville, a distance of approximately continued substandard living conditions Service Strategic Plan: Vision was 10.28 miles, in Monroe and Owen for employees and would make it published to provide broad, long-term Counties, IN. CSXT proposes to difficult and inefficient to carry out direction for the Service. That document consummate the abandonment on needed maintenance, research, and will serve as a starting point for the November 22, 1995. services for public visitors. strategic plan to be prepared in CSXT has certified that: (1) no local DATES: The no-action period for the plan compliance with GPRA by September traffic has moved over the line for at will commence when the 1996. Summaries and complete copies least 2 years; (2) there is no overhead Environmental Protection Agency of the 1994 strategic plan will be traffic on the line; (3) no formal formally announces the availability of available at the public workshops and complaint filed by a user of rail service on the line (or by a State or local the FEIS in the Federal Register, and can also be obtained by writing to Office government entity acting on behalf of end 30 days thereafter. of Strategic Planning, National Park such user) regarding cessation of service ADDRESSES: Inquiries and comments on Service, Post Office Box 25287 WASO- over the line is pending either with the the FEIS should be directed to: STP, Denver, Colorado 80225–0287. Commission or with any U.S. District Superintendent, Channel Islands DATES: Court or has been decided in favor of National Park, 1901 Spinnaker Drive, Public workshops will be held in the complainant within the 2-year Ventura, Ca. 93001. The telephone San Francisco, California, on period; and (4) the requirements at 49 number for the park is (805) 658–5700. Wednesday, October 25, 1995; in CFR 1152.50(d)(1) (notice to Copies of the plan and FEIS are Denver, Colorado, on Thursday, October governmental agencies) have been met. available at the park headquarters at the 26, 1995; and in Washington, D.C., on As a condition to use of this above address. Copies are also available Monday, October 30, 1995. exemption, any employee adversely for inspection at libraries located in the Workshop Times and Locations affected by the abandonment shall be Park’s vicinity. protected under Oregon Short Line R. Dated: October 10, 1995. Wednesday, October 25, 1995, from 4:00 Co.—Abandonment—Goshen, 360 I.C.C. Stanley T. Albright, p.m. to 7:00 p.m: First Floor 91 (1979). To address whether this Field Director, Pacific West Area. Conference Room, Building 201, Fort condition adequately protects affected [FR Doc. 95–25986 Filed 10–19–95; 8:45 am] Mason, Franklin and Bay Streets, San employees, a petition for partial Francisco, California. BILLING CODE 4310±70±P revocation under 49 U.S.C. 10505(d) Thursday, October 26, 1995, from 7:00 must be filed. p.m to 10:00 p.m.: Zenith Room, Sixth Provided no formal expression of Preparation of 1996 Strategic Plan for Floor, Tivoli Student Union, Auraria intent to file an offer of financial the National Park Service Campus, 900 Auraria Parkway, assistance (OFA) has been received, this exemption will be effective on AGENCY: Denver, Colorado. National Park Service, November 19, 1995, unless stayed Monday, October 30, 1995, from 2:30 Department of the Interior. pending reconsideration. Petitions to ACTION: Notice of public consultation p.m. to 5:00 p.m: Large Buffet Room stay that do not involve environmental workshops. of the Cafeteria, Main Department of issues,1 formal expressions of intent to the Interior Building, 1849 C Street, SUMMARY: Under the provisions of file an OFA under 49 CFR NW, Washington, D.C. 2 Section 3 of the Government 1152.27(c)(2), and trail use/rail banking Performance and Results Act (GPRA), FOR FURTHER INFORMATION: Contact the National Park Service is preparing a Office of Strategic Planning, National 1 A stay will be issued routinely by the Commission in those proceedings where an strategic plan that will provide direction Park Service, (303) 969–7013. informed decision on environmental issues for the organization into the 21st Dated: October 13, 1995. (whether raised by a party or by the Commission’s century. The strategic plan will include Section of Environmental Analysis in its Heather A. Huyck, a mission statement; general ‘‘outcome- independent investigation) cannot be made before the effective date of the notice of exemption. See related’’ goals and objectives for the Director, Office of Strategic Planning, National Park Service. Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d major functions and operations of the 377 (1989). Any entity seeking a stay on National Park Service; descriptions of [FR Doc. 95–26058 Filed 10–19–95; 8:45 am] environmental concerns is encouraged to file its how the goals and objectives will be BILLING CODE 4310±70±P request as soon as possible in order to permit the Commission to review and act on the request before achieved; and identification of key the effective date of this exemption. external factors that could affect 2 See Exempt. of Rail Abandonment—Offers of achievement of the goals and objectives. Finan. Assist., 4 I.C.C.2d 164 (1987). Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54253 requests under 49 CFR 1152.29 3 must proposed acquisition and operation other or any other railroad in their be filed by October 30, 1995. Petitions transactions were expected to be corporate family; and (3) the transaction to reopen or requests for public use consummated on or after September 29, does not involve a class I carrier. The conditions under 49 CFR 1152.28 must 1995. transaction therefore is exempt from the be filed by November 9, 1995, with: This proceeding is related to Finance prior approval requirements of 49 U.S.C. Office of the Secretary, Case Control Docket No. 32782, Russell A. Peterson— 11343. See 49 CFR 1180.2(d)(2). Branch, Interstate Commerce Continuance in Control Exemption— As a condition to use of this Commission, Washington, DC 20423. Gulf Coast Rail Service, Inc. d/b/a exemption, any employees affected by A copy of any pleading filed with the Orange Port Terminal Railway, wherein the transaction will be protected by the Commission should be sent to Russell A. Peterson has concurrently conditions set forth in New York Dock applicant’s representative: Charles M. filed a notice of exemption to continue Ry.—Control—Brooklyn Eastern Dist., Rosenberger, Senior Counsel, CSX in control of OPTR when OPTR 360 I.C.C. 60 (1979). Transportation, Inc., 500 Water Street, becomes a rail carrier upon Petitions to revoke the exemption J150, Jacksonville, FL 32202. consummation of the transaction under 49 U.S.C. 10505(d) may be filed If the notice of exemption contains described in this notice. at any time. The filing of a petition to false or misleading information, the Any comments must be filed with the revoke will not automatically stay the exemption is void ab initio. Commission and served on: Keith G. transaction. Pleadings must be filed CSXT has filed an environmental O’Brien, 1920 N Street, NW, Suite 420, with the Commission and served on: report which addresses the Washington, DC 20036. Keith G. O’Brien, 1920 N Street, NW, abandonment’s effects, if any, on the This notice is filed under 49 CFR Suite 420, Washington DC 20036. 1150.31. If the notice contains false or environment and historic resources. The Decided: October 10, 1995. Section of Environmental Analysis misleading information, the exemption is void ab initio. Petitions to revoke the By the Commission, David M. Konschnik, (SEA) will issue an environmental Director, Office of Proceedings. assessment (EA) by October 25, 1995. exemption under 49 U.S.C. 10505(d) Vernon A. Williams, Interested persons may obtain a copy of may be filed at any time. The filing of the EA by writing to SEA (Room 3219, a petition to revoke will not Secretary. Interstate Commerce Commission, automatically stay the transaction. [FR Doc. 95–26164 Filed 10–19–95; 8:45 am] Washington, DC 20423) or by calling Decided: October 10, 1995. BILLING CODE 7035±01±P Elaine Kaiser, Chief of SEA, at (202) By the Commission, David M. Konschnik, 927–6248. Comments on environmental Director, Office of Proceedings. DEPARTMENT OF JUSTICE and historic preservation matters must Vernon A. Williams, be filed within 15 days after the EA is Secretary. available to the public. Notice of Lodging of De Minimis [FR Doc. 95–26163 Filed 10–19–95; 8:45 am] Environmental, historic preservation, Consent Decree Pursuant to the public use, or trail use/rail banking BILLING CODE 7035±01±P Comprehensive Environmental conditions will be imposed, where Response, Compensation and Liability appropriate, in a subsequent decision. [Finance Docket No. 32782] Act and the Resource Conservation and Recovery Act Decided: October 12, 1995. Russell A. PetersonÐContinuance in In accordance with Departmental By the Commission, David M. Konschnik, Control ExemptionÐGulf Coast Rail Director, Office of Proceedings. policy, 28 CFR 50.7, notice is hereby Service, Inc., d/b/a Orange Port given that a proposed Supplemental Vernon A. Williams, Terminal Railway Secretary. Early De Minimis Consent Decree in [FR Doc. 95–26165 Filed 10–19–95; 8:45 am] Russell A. Peterson (Peterson) has United States and State of Connecticut v. Able Marine, Inc., et al., Civil Action BILLING CODE 7035±01±P filed a notice of exemption to continue in control of Gulf Coast Rail Service, Nos. 3:95 CV 2107 and 3:95 2108 was Inc. d/b/a Orange Port Terminal Railway lodged on September 29, 1995 with the [Finance Docket No. 32781] (OPTR), upon OPTR becoming a rail United States District Court for the carrier. District of Connecticut. The complaint Gulf Coast Rail Service, Inc. d/b/a OPTR has concurrently filed a notice in this action seeks (1) to recover, Orange Port Terminal RailwayÐ of exemption in Finance Docket No. pursuant to the Comprehensive Acquisition and Operation 32782, Gulf Coast Rail Service, Inc., d/ Environmental Response, ExemptionÐLines of Southern Pacific b/a Orange Port Terminal Railway, to Compensation, and Liability Act Transportation Company acquire and operate approximately (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., Gulf Coast Rail Service, Inc. d/b/a 1.834 miles of line from Southern response costs incurred and to be Orange Port Terminal Railway (OPTR), Pacific Transportation Company, known incurred by EPA at the Solvents a noncarrier, has filed a notice of as the Old City Lead Track in Orange Recovery Service of New England, Inc. exemption to acquire and operate County, TX. Superfund Site located in the Town of approximately 1.834 miles of rail line Peterson also controls through stock Southington, Connecticut (‘‘Site’’); and owned by Southern Pacific ownership, two nonconnecting class III (2) injunctive relief under section 106 of Transportation Company, known as the rail carriers: Southwest Pennsylvania CERCLA, 42 U.S.C. 9606, and section Old City Lead Track at Orange, TX, Railroad Company and Camp Chase 7003 of the Resource Conservation and consisting of the Front Street Lead from Industrial Railroad Corporation. Recovery Act (‘‘RCRA’’), 42 U.S.C. 9673. milepost 0.076+/- to milepost 1.17+/- Peterson indicates that: the properties The proposed Supplemental Early De and the Market Street Lead between operated by these carriers do not Minimis Consent Decree embodies an milepost 0.0+/- to milepost 0.74+/-. The connect with each other; (2) the agreement with 46 potentially continuance in control is not a part of responsible parties (‘‘PRPs’’) at the Site 3 The Commission will accept a late-filed trail use a series of anticipated transactions that pursuant to section 122(g) of CERCLA, request as long as it retains jurisdiction to do so. would connect the railroads with each 42 U.S.C. 9622(g) to reimburse EPA and 54254 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices the State of Connecticut for a portion of referenced case and enclose a check in reproduction costs), payable to the their past and future response costs at the amount of $26.25 (25 cents per page Consent Decree Library. the Site. Of the $503,325 generated by reproduction costs), payable to the Bruce S. Gelber, the settlement, $100,665 will be used for Consent Decree Library. If you wish to Acting Chief, Environmental Enforcement the partial funding of a non-time-critical receive a copy without the settlers’ Section, Environment and Natural Resources removal action (‘‘NTCRA’’) being signature pages, please so indicate, and Division. performed at the Site by the larger- enclose a check in the amount of $13.75 [FR Doc. 95–26024 Filed 10–19–95; 8:45 am] volume generator PRPs and the payable to the Consent Decree Library. BILLING CODE 4410±01±M remaining $402,660 will be set aside for the funding of future remedial actions at Bruce S. Gelber, the Site. The NTCRA comprises, inter Acting Chief, Environmental Enforcement Notice of Lodging of Consent Decree alia, the installation and operation of a Section, Environment and Natural Resources Pursuant to the Clean Air Act groundwater containment system Division. designed to prevent further migration [FR Doc. 95–26025 Filed 10–20–95; 8:45 am] Consistent with Departmental policy, 28 CFR 50.7, notice is hereby given that from the Site of contaminated BILLING CODE 4410±01±M groundwater. The Supplemental Early a proposed consent decree in United De Minimis Consent Decree also States v. Chevron U.S.A., Inc., et al., provides the settling defendants with a Notice of Lodging of Consent Decree Civil Action No. 95–4737(WGB), was release for civil liability for EPA’s and Pursuant to the Comprehensive lodged on September 18th, 1995 with the State’s past and future CERCLA Environmental Response, the United States District Court for the response costs and natural resource Compensation, and Liability Act of District of New Jersey. Defendant damages at the Site for resources under 1980, 42 U.S.C. 9622(i) Chevron U.S.A., Inc. is the owner and the trusteeship of the Secretary of the operator of an oil refinery in Perth Interior and the Secretary of Commerce, Notice is hereby given that a proposed Amboy, New Jersey. Defendants PJS through the National Oceanic and consent decree in United States v. Construction Company, Inc., Mayer Atmospheric Administration. Amtel, Inc., et al., Civil Action No. 91– Pollock Steel Corporation, and Falcon Associates, Inc. are a mechanical The Department of Justice will CV–10366–BC, was lodged on October construction contractor, a demolition receive, for a period of thirty (30) days 6, 1995 with the United States District contractor, and asbestos removal from the date of this publication, Court for the Eastern District of comments relating to the proposed Early contractor, respectively. In removing Michigan, Northern Division. The asbestos-containing material from the De Minimis Consent Decree. Comments Proposed Consent Decree resolves the should be addressed to the Assistant Chevron oil refinery, defendants United State’s claims against Amtel, Attorney General for the Environment violated the Asbestos NESHAP and Natural Resources Division, Inc., for unreimbursed past costs regulations under the Clean Air Act. Department of Justice, PO Box 7611, incurred in connection with the Under the terms of the proposed Ben Franklin Station, Washington, DC Hedblum Superfund Site located in decree, defendants will pay the United 20044, and should refer to United States Oscoda, Michigan. States a civil penalty in the sum of and State of Connecticut v. Able The Department of Justice will $155,000. Chevron U.S.A., Inc. further Marine, Inc., et al., DOJ Ref. No. 90–7– receive, for a period of thirty (30) days agrees to remain in compliance with the 1–23E. In addition, pursuant to section from the date of this publication, Clean Air Act. 7003(d) of RCRA, 42 U.S.C. 6973(d), any comments relating to the proposed The Department of Justice will receive, for a period of thirty (30) days member of the public who desires a consent decree. Comments should be from the date of this publication, public meeting in the area affected by addressed to the Assistant Attorney comments relating to the proposed the proposed consent decree in order to General for the Environment and discuss the proposed consent decree consent decree. Comments should be Natural Resources Division, Department addressed to the Assistant Attorney prior to its final entry by the court may of Justice, Washington, D.C. 20530, and request that such a meeting be held. General for the Environment and should refer to United States v. Amtel, Any such request for a public meeting Natural Resources Division, Department Inc., et al., DOJ Ref. #90–11–2–475. should be submitted within fifteen (15) of Justice, Washington, DC 20530, and days from the date of this publication The proposed consent decree may be should refer to United States v. Chevron and sent to the same address and bear examined at the office of the United U.S.A., Inc. et al., D.J. reference #90–5– the same reference as indicated above States Attorney, 1000 Washington 2–1–1738. for submission of comments. Street, 203 Federal Building, Bay City, The proposed consent decree may be The proposed consent decree may be Michigan 48707; the Region 5 Office of examined at the Office of the United examined at the Office of the United the Environmental Protection Agency, States Attorney for the District of New States Attorney, 157 Church Street, 23rd 77 West Jackson Boulevard, Chicago, Jersey, 970 Broad Street, Room 501, Floor, New Haven, Connecticut 06510; Illinois 60604; and at the Consent Newark, New Jersey; the Region II Office the Region I Office of the Environmental Decree Library, 1120 G Street, NW., 4th of the Environmental Protection Agency, 290 Broadway Avenue, New Protection Agency, Region I Records Floor, Washington, DC 20005, (202) York, New York; and at the Consent Center, 90 Canal Street, First Floor, 624–0892. A copy of the proposed Boston, MA 02203; and at the Consent Decree Library, 1120 G Street, NW., 4th consent decree may be obtained in Decree Library, 1120 G Street, NW., Floor, Washington, D.C., 20005, (202) Fourth Floor, Washington, DC 20005, person or by mail from the Consent 624–0892. A copy of the proposed (202) 624–0892. A copy of the proposed Decree Library, 1120 G Street, NW., 4th consent decree may be obtained in consent decree may be obtained in Floor, Washington, DC 20005. In person or by mail from the Consent person or by mail from the Consent requesting a copy please refer to the Decree Library, 1120 G Street, NW 4th Decree Library, 1120 G Street, Fourth referenced case and enclose a check in Floor, Washington, DC. In requesting a Floor, NW., Washington, DC 20005. In the amount of $6.00 (25 cents per page copy, please enclose a check in the requesting a copy, please refer to the amount of $2.75 (25 cents per page Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54255 reproduction costs), payable to the reproduction costs), payable to the check in the amount of $6.00 (25 cents Consent Decree Library. Consent Decree Library. per page for reproduction costs), Joel M. Gross, Joel Gross, payable to the Consent Decree Library. Acting Chief, Environment Enforcement Acting Chief, Environmental Enforcement Bruce S. Gelber, Section, Environment and Natural Resources Section, Environment and Natural Resources Acting Chief, Environmental Enforcement Division. Division. Section, Environment and Natural Resources Division. [FR Doc. 95–26021 Filed 10–19–95; 8:45 am] [FR Doc. 95–26026 Filed 10–19–95; 8:45 am] BILLING CODE 4410±01±M [FR Doc. 95–26027 Filed 10–19–95; 8:45 am] BILLING CODE 4410±01±M BILLING CODE 4410±01±M
Notice of Lodging of Partial Consent Notice of Lodging of Consent Decree Decree Pursuant to the Notice of Lodging of Consent Decree Pursuant to the Clean Air Act Comprehensive Environmental Pursuant to the Comprehensive Response, Compensation and Liability Environmental Response, Consistent with Departmental policy, Act Compensation, and Liability Act of 28 CFR 50.7, notice is hereby given that 1980 a proposed consent decree in United Notice is hereby given that a proposed States v. F & H Manufacturing Partial Consent Decree in United States Notice is hereby given that a proposed Corporation, Civil Action No. CV88– v. Kenneth L. Thomas et al., Civil consent decree in United States v. TMG 1067, was lodged on October 11, 1995 Action No. 93–4098–JLF (S.D. Ill.) Enterprises, Inc., et al., Civil Action No. with the United States District Court for entered into by the United States and C–94–0544–L–S, was lodged on October the Eastern District of New York. defendant Robert McKee, was lodged on 2, 1995, with the United States Court for Defendant F & H Manufacturing October 10, 1995, with the United States the Western District of Kentucky. The District Court for the Southern District Corporation is the owner and operator Complaint, brought pursuant to Section of Illinois. The proposed Partial Consent of a metal parts fabrication facility in 107 of the Comprehensive Decree resolves certain claims of the Happauge, New York. In operating the Environmental Response, United States under section 107 of the Compensation, and Liability Act of facility, F & H violated the surface Comprehensive Environmental 1980, as amended by the Superfund coating regulations of the New York Response, Compensation and Liability Amendments and Reauthorization Act State Implementation Plan and the Act (‘‘CERCLA’’), 42 U.S.C. 9607, with of 1986 (CERCLA), 42 U.S.C. 9607, seeks Clean Air Act. respect to the M.T. Richards, Inc. Site recovery of past response costs incurred Under the terms of the proposed (‘‘Site’’) in Crossville, Illinois. Under by the United States in connection with decree, F & H Manufacturing will pay terms of the Partial Consent Decree, the Sonora Burn Superfund Site and the the United States a civil penalty in the Robert McKee will pay the United States Carlie Middleton Metal Yard Site, near sum of $90,000. F & H further agrees to $5,200, plus interest, as specified in the Sonora, Kentucky (the Sites). The Sites remain in compliance with the Clean Partial Consent Decree in return for the are situated in Hardin County, Air Act and governing State of New government’s covenant not to sue Mr. Kentucky. The Sites were used from the York regulations. McKee for past costs incurred at the mid-1970’s until 1989 as metal Site. reclamation burn sites. The Department of Justice will The Department of Justice will receive The Consent Decree in United States receive, for a period of thirty (30) days comments relating to the proposed v. TMG Enterprises, Inc., et al provides from the date of this publication, Partial Consent Decree for 30 days that the Kentucky Association of comments relating to the proposed following publication of this Notice. Electrical Cooperatives, Inc. will pay a consent decree. Comments should be Comments should be addressed to the total of $250,000. The United States is addressed to the Assistant Attorney Assistant Attorney General, proceeding with litigation in this case to General for the Environment and Environment and Natural Resources collect the remainder of the past Natural Resources Division, Department Division, United States Department of response costs at the two Sites from six of Justice, Washington, DC 20530, and Justice, PO Box 7611, Ben Franklin other defendants. should refer to United States v. F & H Station, Washington, DC 20044–7611, The Department of Justice will Manufacturing Corporation, D.J. and should refer to United States v. receive, for a period of 30 days from the reference #90–5–2–1–1193. Kenneth L. Thomas et al., D.J. Ref. No. date of this publication, comments 90–11–3–1112. The proposed Partial The proposed consent decree may be relating to the proposed consent decree. Consent Decree may be examined at the examined at the Office of the United Comments should be addressed to the Office of the United States Attorney for Assistant Attorney General for the States Attorney for the Eastern District the Southern District of Illinois, IL–S Environment and Natural Resources of New York, One Pierrepont Plaza, 14th USA, Suite 300, 9 Executive Drive, Division, Department of Justice, floor, Brooklyn, New York; the Region II Fairview Heights, Illinois 62208; the Washington, DC 20530, and should refer Office of the Environmental Protection Region V Office of the United States to United States v. TMG Enterprises, Agency, 290 Broadway Avenue, New Environmental Protection Agency, 77 Inc. et al, DOJ Ref. #90–11–2–874. York, New York; and at the Consent West Jackson Boulevard, Chicago, The proposed consent decree may be Decree Library, 1120 G Street, NW., 4th Illinois 60604; and at the Consent examined at the office of the United Floor, Washington, DC 20005, (202) Decree Library, 1120 G Street, NW., 4th States Attorney, Western District of 624–0892. A copy of the proposed Floor, Washington, DC 20005, telephone Kentucky, 510 West Broadway, 10th consent decree may be obtained in no. (202) 624–0892. A copy of the Floor, Louisville, Kentucky 40202; the person or by mail from the Consent proposed Partial Consent Decree may be Region 4 Office of the Environmental Decree Library, 1120 G Street, NW. 4th obtained in person or by mail from the Protection Agency, 345 Courtland Floor, Washington, DC. In requesting a Consent Decree Library, 1120 G Street, Street, NE., Atlanta, Georgia 30365; and copy, please enclose a check in the NW., 4th Floor, Washington, DC 20005. at the Consent Decree Library, 1120 G amount of $2.75 (25 cents per page In requesting a copy, please enclose a Street, NW., 4th Floor, Washington, DC 54256 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
20005, (202) 624–0892. A copy of the Watertown et al., Civil Action No. 95– DEPARTMENT OF LABOR proposed consent decree may be 1018, Ref. No. 90–5–1–1–5087. The obtained in person or by mail from the proposed partial consent decree may be Employment and Training Consent Decree Library, 1120 G Street, examined at the Office of the United Administration NW., 4th Floor, Washington, DC 20005. States Attorney, District of South In requesting a copy please refer to the Dakota, Shriver Square, 230 South Investigations Regarding Certifications referenced case and enclose a check in Phillips Avenue, Sioux Falls, South of Eligibility To Apply for Worker the amount of $4.25 (25 cents per page Dakota 57102. Copies of the partial Adjustment Assistance reproduction costs), payable to the consent decree may also be examined Petitions have been filed with the Consent Decree Library. and obtained by mail at the Consent Secretary of Labor under section 221(a) Decree Library, 1120 G Street, NW., 4th Bruce S. Gelber, of the Trade Act of 1974 (‘‘the Act’’) and Floor, Washington, DC 20005 (202–624– Acting Chief, Environmental Enforcement are identified in the Appendix to this 0892) and the offices of the Section, Environment and Natural Resources notice. Upon receipt of these petitions, Division. Environmental Protection Agency, the Director of the Office of Trade Region VIII 999 18th Street, Suite 500, [FR Doc. 95–26023 Filed 10–19–95; 8:45 am] Adjustment Assistance, Employment Denver, Colorado 80202–2466. When BILLING CODE 4410±01±M and Training Administration, has requesting a copy by mail, please instituted investigations pursuant to enclose a check in the amount of $7.25 section 221(a) of the Act. Notice of Lodging of Consent Decree (twenty-five cents per page reproduction Pursuant to the Clean Water Act costs) payable to the ‘‘Consent Decree The purpose of each of the Library.’’ investigations is to determine whether In accordance with Departmental Joel M. Gross, the workers are eligible to apply for policy and 28 CFR 50.7, notice is hereby adjustment assistance under Title II, Acting Chief, Environmental Enforcement given that on October 3, 1995, a partial Chapter 2, of the Act. The investigations consent decree in United States v. City Section, Environment and Natural Resources Division. will further relate, as appropriate, to the of Watertown et al., Civil Action No. 95– [FR Doc. 95–26022 Filed 10–19–95; 8:45 am] determination of the date on which total 1018 was lodged with the United States or partial separations began or District Court for the District of South BILLING CODE 4410±01±M threatened to begin and the subdivision Dakota. of the firm involved. This partial consent decree settles National Institute of Corrections The petitioners or any other persons certain injunctive relief claims brought showing a substantial interest in the pursuant to section 309 (b) and (d) of Advisory Board Meeting subject matter of the investigations may the Clean Water Act (the ‘‘Act’’), 33 request a public hearing, provided such U.S.C. 1319 (b) and (d). Under the terms Time and Date: 8:00 a.m., Tuesday, request is filed in writing with the of the partial consent decree, the City of November 14, 1995. Director, Office of Trade Adjustment Watertown must properly operate, staff Place: Raintree Plaza Hotel and Conference Center, 1900 Ken Pratt Boulevard, Longmont, Assistance, at the address shown below, and maintain its water treatment not later than October 30, 1995. facility, promptly implement and Colorado. enforce an Industrial Pretreatment Status: Open. Interested persons are invited to Program, cease all unpermitted Matters to be Considered: Office of Justice submit written comments regarding the Programs’ update on the Violent Offender discharges, and enter into a compliance subject matter of the investigations to and Truth In Sentencing Grant Program, the Director, Office of Trade Adjustment schedule that requires full compliance update on the Crime Bill provisions assigned with all National Pollution Discharge Assistance, at the address shown below, to NIC, an education/information paper on not later than October 30, 1995. Elimination System (‘‘NPDES’’) permit emerging issues in corrections, a panel limits by December 31, 1997. This discussion on Meta Evaluation, a redraft of The petitions filed in this case are partial consent decree does not settle the Board’s position statement on the available for inspection at the Office of the civil penalty portion of this action. mentally ill in jails, report on the NIC FY the Director, Office of Trade Adjustment The Department of Justice will receive 1996 appropriation and the expected future Assistance, Employment and Training comments relating to the proposed of NIC, and NIC’s budget and funding. Administration, U.S. Department of partial consent decree for a period of Labor, 200 Constitution Avenue, NW., CONTACT PERSON FOR MORE INFORMATION: thirty days from the date of publication Washington, DC 20210. Larry Solomon, Deputy Director, (202) of this notice. Comments should be 307–3106, ext. 155. Signed at Washington, DC, this 2nd day of addressed to the Assistant Attorney October, 1995. Morris L. Thigpen, General, Environment and Natural Victor J. Trunzo, Director. Resources Division, Department of Program Manager, Policy and Reemployment Justice, Washington, DC 20530, and [FR Doc. 95–26038 Filed 10–19–95; 8:45 am] Services, Office of Trade Adjustment should refer to United States v. City of BILLING CODE 4410±36±M Assistance.
APPENDIX [Petitions instituted on 10/02/95]
Date of TA±W Subject firm (petitioners) Location petition Product(s)
31,473 .... Brown Shoe Company (Wkrs) ...... Dyer, TN ...... 09/20/95 Ladies' Shoes. 31,474 .... Brown Shoe Company (Wkrs) ...... Lexington, TN ...... 09/20/95 Ladies' Shoes. 31,475 .... Berklee Manufacturing (UNITE) ...... Allentown, PA ...... 09/21/95 Ladies' Nightgowns, Bath Robes. 31,476 .... ATAPCO Office Products (Comp) ...... Kosciusko, MS ...... 09/19/95 Office Products. 31,477 .... International Jensen Inc. (Wkrs) ...... Punxsutawney, PA ...... 09/21/95 Speaker Components and Speakers. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54257
APPENDIXÐContinued [Petitions instituted on 10/02/95]
Date of TA±W Subject firm (petitioners) Location petition Product(s)
31,478 .... J.H. Enterprise (Comp) ...... Shreveport, LA ...... 09/14/95 Scrap Metals. 31,479 .... Reidbord Bros. Co. (Comp) ...... Pittsburgh, PA ...... 09/21/95 Men's Polyester Trousers. 31,480 .... Meehan Tooker Inc. (Comp) ...... East Rutherford, NJ ...... 09/18/95 Commercial Printing. 31,481 .... Brittany Fashion (UNITE) ...... Jersey City, NJ ...... 09/20/95 Ladies' Coats. 31,482 .... Clara Fashions (UNITE) ...... Jersey City, NJ ...... 09/20/95 Ladies' Coats. 31,483 .... Elsan Fashions Inc. (UNITE) ...... East Newark, NJ ...... 09/20/95 Ladies' Coats. 31,484 .... ComPac Industries (Wkrs) ...... North Bergen, NJ ...... 09/21/95 Industrial Tape. 31,485 .... Quantum Corp. (Co.) ...... Colorado Springs, CO ...... 09/19/95 Disk Drive Memory Units. 31,486 .... Taylorsville Enterprises (Co.) ...... Taylorsville, MS ...... 09/22/95 JeansÐMen, Women, Children. 31,487 .... Rex-Rosenlow, Inc. (Wkrs) ...... Teterboro, NJ ...... 09/13/95 Plastic Stretch Wrap. 31,488 .... Pine & Co. (UNITE) ...... Pottsville, PA ...... 09/26/95 Ladies' Blouses. 31,489 .... Kenton Custom Molding (Wkrs) ...... Kenton, TN ...... 09/20/95 Shoe Components. 31,490 .... Alura Fashions (Wkrs) ...... Carbondale, PA ...... 09/21/95 Children's Dresses and Sportswear. 31,491 .... Henry Vogt Machine Co. (Co.) ...... Sapulpa, OK ...... 09/22/95 Power Plant Steam Generators. 31,492 .... Finish Contractor Corp. (Wkrs) ...... Hialeah, FL ...... 09/22/95 Ladies' Lingerie. 31,493 .... Moorman's, Inc. (Wkrs) ...... Quincy, IL ...... 09/20/95 Livestock Feed and Supplements. 31,494 .... I. Appel Corp. (Wkr) ...... New York, NY ...... 06/30/95 Sleepwear. 31,495 .... U and H Starfleet (Wkrs) ...... Spring, TX ...... 09/11/95 Ambulances. 31,496 .... P.Q. Corp. (USWA) ...... Butler, NJ ...... 09/15/95 Hydrous Britesil, Hydrous Sodium. 31,497 .... The Columbia Corp. (Co.) ...... Chatham, NY ...... 09/13/95 Recycled Paperboard. 31,498 .... The Columbia Corp. (Co.) ...... Valatie, NY ...... 09/13/95 Recycled Paperboard. 31,499 .... General Electric Co. (Wkrs) ...... Fort Edward, NY ...... 09/18/95 Capacitors. 31,500 .... South Boston Mfg. (Co.) ...... South Boston, VA ...... 09/15/95 Children's Apparel. 31,501 .... Owens-Brockway Closures (Co.) ...... North Riverside, IL ...... 09/15/95 Plastic Trigger Pump Sprayers.
[FR Doc. 95–26014 Filed 10–19–95; 8:45 am] All workers of FHF Apparel, Miami, requirements of section 222 of the Act BILLING CODE 4510±30±M Florida (TA–W–30,985), and the 500 Fashion must be met: Group, Northampton, Pennsylvania (TA–W– (1) that a significant number or 30,985A), Whitehall, Pennsylvania (TA–W– proportion of the workers in the 30,985B), Philadelphia, Pennsylvania (TA– [TA±W±30,985] workers’ firm, or an appropriate W–30,985C), and Egypt, Pennsylvania (TA– subdivision thereof, have become totally FHF Apparel, Miami, Florida; Amended W–30,985D) who became totally or partially separated from employment on or after April or partially separated, Certification Regarding Eligibility To 24, 1994 are eligible to apply for adjustment (2) that sales or production, or both, Apply for Worker Adjustment assistance under Section 223 of the Trade Act of the firm or subdivision have Assistance of 1974. decreased absolutely, and In accordance with section 223 of the Signed at Washington, DC, this 5th day of (3) that increases of imports of articles Trade Act of 1974 (19 U.S.C. 2273) the October 1995. like or directly competitive with articles Department of Labor issued an Victor J. Trunzo, produced by the firm or appropriate Amended Certification Regarding Program Manager, Policy and Reemployment subdivision have contributed Eligibility to Apply for Worker Services, Office of Trade Adjustment importantly to the separations, or threat Adjustment Assistance on August 29, Assistance. thereof, and to the absolute decline in 1995, applicable to all workers of FHF [FR Doc. 95–26017 Filed 10–19–95; 8:45 am] sales or production. Apparel, Miami, Florida, and 500 BILLING CODE 4510±30±M Negative Determinations for Worker Fashion Group locations in Adjustment Assistance Northampton, Whitehall, and Philadelphia, Pennsylvania. The Notice of Determinations Regarding In each of the following cases the amended notice was published in the Eligibility To Apply for Worker investigation revealed that criterion (3) Federal Register on September 11, 1995 Adjustment Assistance and NAFTA has not been met. A survey of customers (60 FR 47184). Transitional Adjustment Assistance indicated that increased imports did not At the request of petitioners, the contribute importantly to worker Department is again amending the In accordance with section 223 of the separations at the firm. certification to cover the workers at the Trade Act of 1974, as amended, the None Fashion 500 Group facility located in Department of Labor herein presents In the following cases, the Egypt, Pennsylvania. The workers summaries of determinations regarding investigation revealed that the criteria produce men’s tailored clothing. eligibility to apply for trade adjustment for eligibility have not been met for the The intent of the Department’s assistance for workers (TA–W) issued reasons specified. certification is to include all workers of during the period of September and FHF Apparel and the 500 Fashion October, 1995. TA–W–31,403; Liz Claiborne, Russ, Group who were adversely affected by In order for an affirmative Crazy Horse, Villager (RTVCH), imports. determination to be made and a Elizabeth Divisions, New York, NY The amended notice applicable to certification of eligibility to apply for Increased imports did not contribute TA–W–30,985 is hereby issued as worker adjustment assistance to be importantly to worker separations at the follows: issued, each of the group eligibility firm. 54258 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
TA–W–31,288; General Motors Department of Labor presents The investigation revealed that Acceptance Corp., Motor Insurance summaries of determinations regarding criteria (2) has not been met. Corp, Somerset, NJ eligibility to apply for NAFTA–TAA Investigative findings show there was The workers’ firm does not produce issued during the month of September no shift in production from the workers’ an article as required for certification and October, 1995. firm to Mexico or Canada. under Section 222 of the Trade Act of In order for an affirmative determination to be made and a Affirmative Determinations NAFTA– 1974. TAA TA–W–31,396; Nylomatic, Fallsington, certification of eligibility to apply for The following certifications have been PA NAFTA–TAA the following group eligibility requirements of Section 250 issued; the date following the company The investigation revealed that of the Trade Act must be met: name & location for each determination criteria (2) has not been met. Sales or (1) that a significant number or references the impact date for all production did not decline during the proportion of the workers in the workers for such determination. relevant period as required for workers’ firm, or an appropriate NAFTA–TAA–00592; Lincoln Brass certification. subdivision thereof, (including workers Works, Inc., Waynesboro Div., TA–W–31,266; Weyerhaeuser Co., North in any agricultural firm or appropriate Waynesboro, TN: August 10, 1994. Bend, OR, TA–W–31,447; Gimpel subdivision thereof) have become totally NAFTA–TAA–00613; Sierra Western Corp., Langhorne, PA or partially separated from employment International Apparel, Inc., El Paso, The investigations revealed that and either— TX: September 21, 1994. criterion (2) and (3) have not been met. (2) that sales or production, or both, NAFTA–TAA–00582; Creative Forests Sales or production did not decline of such firm or subdivision have Products, Salmon, ID: August 25, during the relevant period as required decreased absolutely, 1994. for certification. Increases of imports of (3) that imports from Mexico or NAFTA–TAA–00593; Idea Courier, articles like or directly competitive with Canada of articles like or directly Tempe, AZ: September 11, 1994. articles produced by the firm or competitive with articles produced by NAFTA–TAA–00605; Andover Togs, appropriate subdivision have not such firm or subdivision have increased, Inc., South Boston, VA: September contributed importantly to the and that the increases in imports 15, 1994. separations or threat thereof, and the contributed importantly to such NAFTA–TAA–00579; Woodwork absolute decline in sales or production. workers’ separations or threat of Corporation of America, WCA separation and to the decline in sales or Industries, Inc., Merril, WI: August Affirmative Determinations for Worker production of such firm or subdivision; 29, 1994. Adjustment Assistance or NAFTA–TAA–00607; Loral Corporation The following certifications have been (4) that there has been a shift in (Formerly UNISYS Corp), Pueblo, issued; the date following the company production by such workers’ firm or CO: September 18, 1994. name and location for each subdivision to Mexico or Canada of NAFTA–TAA–00574; A–1 Broom and determination references the impact articles like or directly competitive with Supply, Inc., Los Angeles, CA: date for all workers for such articles which are produced by the firm August 2, 1994. determination. or subdivision. NAFTA–TAA–00590; Davol, Inc. Mansfield, MA: August 31, 1994. TA–W–31,450; Idea Courier, Tempe, AZ: Negative Determinations AFTA–TAA September 11, 1994. I hereby certify that the In each of the following cases the TA–W–31,402; Copper Range Co., White aforementioned determinations were investigation revealed that criteria (3) Pine, MI: August 21, 1994 issued during the month of September and (4) were not met. Imports from TA–W–31,405; Woodwork Corporation and October, 1995. Copies of these Canada or Mexico did not contribute of America, WCA Industries, Inc., determinations are available for importantly to workers’ separations. Merrill, WI: August 29, 1994. inspection in Room C–4318, U.S. There was no shift in production from TA–W–31,401, TA–W–31,404; Oxford Department of Labor, 200 Constitution the subject firm to Canada or Mexico Industries, Inc., Lanier Clothes Avenue, NW., Washington, DC 20210 during the relevant period. Divl., Decherd, TN and Winchester, during normal business hours or will be TN: August 31, 1994. NAFTA–TAA–00557; Paul and Robert mailed to persons who write to the TA–W–31,460, A & B: Irwin B. Schwabe, Wampler, Inc., Klamath Falls, OR above address. NAFTA–TAA–00588; Kerotest Division of Movie Star, Inc., New Dated: October 6, 1995. Albany, MS, Tishomingo (Paden), Manufacturing Corp., Pittsburgh, PA Victor J. Trunzo, MS and Sardis, MS: September 11, Program Manager, Policy and Reemployment 1994. NAFTA–TAA–00597; Gimpel Corp., Langhorne, PA Services, Office of Trade, Adjustment TA–W–31,439; Prestwych LTD, Assistance. In the following cases, the Thomson, GA: September 5, 1994. [FR Doc. 95–26015 Filed 10–19–95; 8:45 am] investigation revealed that the criteria TA–W–31,439A; Prestwych LTd Annex, BILLING CODE 4510±30±M Thomson, GA: September 5, 1994. for eligibility have not been met for the TA–W–31,439B; Prestwych LTD, New reasons specified. York, NY: September 5, 1994. NAFTA–TAA–00610; Rowley Lumber [TA±W±31,429 and TA±W±31,429A and Hardware Co., Inc., Hudson, MI Also, pursuant to Title V of the North Pine Shirt Company, Pottsville, The investigation revealed that the American Free Trade Agreement Pennsylvania and New York, New workers of the subject firm do not Implementation Act (Pub. L. 103–182) York; Amended Certification produce an article within the meaning concerning transitional adjustment Regarding Eligibility To Apply for of section 250(a) of the Trade Act, as assistance hereinafter called (NAFTA– Worker Adjustment Assistance TAA) and in accordance with section amended. 250(a) Subchapter D, Chapter 2, Title II, NAFTA–TAA–00576; Nylomatic, In accordance with section 223 of the of the Trade Act as amended, the Fallsington, PA Trade Act of 1974 (19 U.S.C. 2273) the Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54259
Department of Labor issued a Department is amending the accordance with applicable law and are Certification of Eligibility to Apply for certification to cover all workers. based on the information obtained by Worker Adjustment Assistance on The amended notice applicable to the Department of Labor from its study September 22, 1995, applicable to all NAFTA—00484 is hereby issued as of local wage conditions and data made workers at the subject firm located in follows: available from other sources. They Pottsville, Pennsylvania. The notice will All workers of Farah Manufacturing specify the basic hourly wage rates and soon be published in the Federal Company, Farah USA, Inc. located in El Paso, fringe benefits which are determined to Register. Texas who became totally or partially be prevailing for the described classes of At the request of the company, the separated from employment on or after June laborers and mechanics employed on Department reviewed the certification 8, 1994, are eligible to apply for NAFTA– construction projects of a similar for the subject firm. New findings show TAA under Section 250 of the Trade Act of character and in the localities specified that the workers at the Pine Shirt 1974. therein. Company location in New York, New Signed at Washington, DC, this 6th day of The determinations in these decisions York were excluded from the October 1995. of prevailing rates and fringe benefits certification. The Department is Victor J. Trunzo, have been made in accordance with 29 amending the certification to cover Program Manager, Policy and Reemployment CFR part 1, by authority of the Secretary these workers. Services, Office of Trade Adjustment of Labor pursuant to the provisions of The intent of the Department’s Assistance. the Davis-Bacon Act of March 3, 1931, certification is to include all workers of [FR Doc. 95–26018 Filed 10–19–95; 8:45 am] as amended (46 Stat. 1494, as amended, Pine Shirt Company adversely affected BILLING CODE 4510±30±M 40 U.S.C. 276a) and of other Federal by increased imports. statutes referred to in 29 CFR Part 1, The amended notice applicable to Appendix, as well as such additional TA–W–31,429 is hereby issued as [TA±W±31,295 and TA±W±31,296] statutes as may from time to time be follows: PORTAC Incorporated of Tacoma, enacted containing provisions for the All workers of Pine Shirt Company, Beaver, WA and Forks, WA; Affirmative payment of wages determined to be Pottsville, Pennsylvania (TA–W–31,429) and Determination Regarding Application prevailing by the Secretary of Labor in New York, New York (TA–W–31,329A) who for Reconsideration accordance with the Davis-Bacon Act. became totally or partially separated from The prevailing rates and fringe benefits employment on or after September 5, 1994 By letter of September 13, 1995, the determined in these decisions shall, in are eligible to apply for adjustment assistance petitioners requested administrative accordance with the provisions of the under section 223 of the Trade Act of 1974. reconsideration of the Department of foregoing statutes, constitute the Signed at Washington, DC., this 5th day of Labor’s Notice of Negative minimum wages payable on Federal and October 1995. Determination Regarding Eligibility to federally assisted construction projects Victor J. Trunzo, Apply for Worker Adjustment to laborers and mechanics of the Program Manager, Policy and Reemployment Assistance for workers of the subject specified classes engaged on contract Services, Office of Trade Adjustment firm. The denial notice was signed on work of the character and in the Assistance. September 5, 1995 and published in the localities described therein. [FR Doc. 95–26016 Filed 10–19–95; 8:45 am] Federal Register on September 19, 1995 Good cause is hereby found for not BILLING CODE 4510±30±M (60 FR 48525). utilizing notice and public comment The petitioners claim that the procedure thereon prior to the issuance of these determinations as prescribed in [NAFTA±00484] Department’s survey of Portac’s customer base was inadequate. 5 U.S.C. 553 and not providing for delay in the effective date as prescribed in that Farah Manufacturing Company, Farah Conclusion USA, Inc., El Paso, TX; Amended section, because the necessity to issue Certification Regarding Eligibility To After careful review of the current construction industry wage Apply for NAFTA Transitional application, I conclude that the claim is determinations frequently and in large Adjustment Assistance of sufficient weight to justify volume causes procedures to be reconsideration of the Department of impractical and contrary to the public In accordance with section 250(a), Labor’s prior decision. The application interest. Subchapter D, Chapter 2, Title II, of the is, therefore, granted. General wage determination Trade Act of 1974, as amended (19 USC decisions, and modifications and 2273), the Department of Labor issued a Signed at Washington, DC, this 6th day of supersedeas decisions thereto, contain October 1995. Notice of Certification of Eligibility to no expiration dates and are effective Apply for NAFTA Transitional Victor J. Trunzo, from their date of notice in the Federal Adjustment Assistance on July 21, 1995, Program Manager, Policy and Reemployment Register, or on the date written notice applicable to all workers at the subject Services, Office of Trade Adjustment is received by the agency, whichever is Assistance. firm. earlier. These decisions are to be used At the request of the State agency, the [FR Doc. 95–26019 Filed 10–19–95; 8:45 am] in accordance with the provisions of 29 Department reviewed the certification. BILLING CODE 4510±30±M CFR Parts 1 and 5. Accordingly, the Workers are engaged in the production applicable decision, together with any of men’s and boy’s trousers and slacks. modifications issued, must be made a Employment Standards Administration New findings show that workers at the part of every contract for performance of subject firm performing cutting Wage and Hour Division; Minimum the described work within the operations were excluded from the Wages for Federal and Federally geographic area indicated as required by certification. Assisted Construction; General Wage an applicable Federal prevailing wage It is the Department’s intent to Determination Decisions law and 29 CFR Part 5. The wage rates provide coverage to all workers of Farah and fringe benefits, notice of which is Manufacturing adversely affected by General wage determination decisions published herein, and which are increased imports. Accordingly, the of the Secretary of Labor are issued in contained in the Government Printing 54260 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
Office (GPO) document entitled MI950046 (Feb. 10, 1995) NUCLEAR REGULATORY ‘‘General Wage Determinations Issued MI950049 (Feb. 10, 1995) COMMISSION Under The Davis-Bacon And Related MI950060 (Feb. 10, 1995) Acts,’’ shall be the minimum paid by Wisconsin [Docket No. 40±8027] contractors and subcontractors to WI950002 (Feb. 10, 1995) laborers and mechanics. Decommissioning of Sequoyah Fuels Volume V Corporation Uranium Conversion Any person, organization, or None governmental agency having an interest Facility in Gore, Oklahoma: Notice of in the rates determined as prevailing is Volume VI Intent To Prepare an Environmental Impact Statement and To Conduct a encouraged to submit wage rate and California fringe benefit information for CA950028 (Feb. 10, 1995) Scoping Process consideration by the Department. CA950030 (Feb. 10, 1995) AGENCY: Nuclear Regulatory Further information and self- Colorado Commission. CO950004 (Feb. 10, 1995) explanatory forms for the purpose of SUMMARY: The NRC intends to prepare submitting this data may be obtained by CO950006 (Feb. 10, 1995) CO950007 (Feb. 10, 1995) an Environmental Impact Statement writing to the U.S. Department of Labor, (EIS) for the decommissioning of the Employment Standards Administration, CO950009 (Feb. 10, 1995) CO950014 (Feb. 10, 1995) Sequoyah Fuels Corporation’s (SFC) Wage and Hour Division, Division of Nevada uranium conversion facility located in Wage Determinations, 200 Constitution NV950002 (Feb. 10, 1995) Gore, Oklahoma. From 1970 until 1993, Avenue, N.W., Room S–3014, SFC operated a uranium conversion Washington, D.C. 20210. General Wage Determination facility at a site located in Gore, Publication New General Wage Determination Oklahoma, under the authority of an Decisions General wage determinations issued NRC license issued pursuant to 10 CFR under the Davis-Bacon and related Acts, part 40. The main process was the The number of the decisions added to conversion of uranium oxide the Government Printing Office including those noted above, may be found in the Government Printing Office (yellowcake) to uranium hexafluoride. A document entitled ‘‘General Wage second process, begun in 1987, Determinations Issued Under the Davis- (GPO) document entitled ‘‘General Wage Determinations Issued Under The Davis- consisted of the conversion of depleted Bacon and related Acts’’ are listed by uranium hexafluoride to uranium Volume and State: Bacon and Related Acts’’. This publication is available at each of the 50 tetrafluoride. Volume II Regional Government Depository SFC supplied formal notice of its Virginia Libraries and many of the 1,400 intent to seek license termination in VA950114 (Oct. 20, 1995) Government Depository Libraries across accordance with 10 CFR 40.42(e) in a VA950115 (Oct. 20, 1995) the county. letter dated February 16, 1993. Based on available information, at least some of Modifications to General Wage The general wage determinations the identified waste and contamination Determination Decisions issued under the Davis-Bacon and at the site is known to exceed NRC’s The number of decisions listed in the related Acts are available electronically existing radiological criteria for Government Printing Office document by subscription to the FedWorld decommissioning. Therefore, SFC is entitled ‘‘General Wage Determinations Bulletin Board System of the National required to remediate the SFC facility to Issued Under the Davis-Bacon and Technical Information Service (NTIS) of meet the NRC’s decommissioning Related Acts’’ being modified are listed the U.S. Department of Commerce at criteria, as described in the Site by Volume and State. Dates of (703) 487–4630. Decommissioning Management Plan publication in the Federal Register are Hard-copy subscriptions may be (SDMP) Action Plan (April 16, 1992, 57 in parentheses following the decisions purchased from: Superintendent of FR 13389). In the Preliminary Plan for being modified. Documents, U.S. Government Printing the Completion of Decommissioning of Volume I Office, Washington, DC 20402, (2020 February 1993, however, SFC identified 512–1800. on-site disposal using the criteria New Jersey NJ950003 (Feb. 10, 1995) Whe ordering hard-copy developed for uranium mill tailings subscription(s), be sure to specify the sites (10 CFR part 40, appendix A), as Volume II State(s) of interest, since, subscriptions appropriate for the SFC facility because Washington may be ordered for any or all of the six of similarity of materials at the mills DC950003 (Feb. 10, 1995) separate volumes, arranged by State. and at SFC. The uranium mill tailings Virginia Subscriptions include an annual edition criteria exceed the criteria has generally VA950104 (Feb. 10, 1995) found acceptable for decommissioning Index (issued in January or February) which includes all current general wage nuclear facilities other than uranium Volume III determinations for the States covered by mill tailings disposal sites. None each volume. Throughout the remainder This notice indicates NRC’s intent to prepare an EIS in conjunction with this Volume IV of the year, regular weekly updates are distributed to subscribers. proposed action and to conduct a Michigan scoping process that will include a MI950001 (Feb. 10, 1995) Signed at Washington, D.C. that 13th day public scoping meeting. The EIS will MI950002 (Feb. 10, 1995) of October 1995. consider the licensee’s proposed MI950003 (Feb. 10, 1995) Philip J. Gloss, MI950004 (Feb. 10, 1995) approach for onsite disposal along with Chief, Branch of Construction Wage MI950005 (Feb. 10, 1995) alternatives. NRC will consider the EIS Determinations. MI950007 (Feb. 10, 1995) in reaching a decision on the MI950012 (Feb. 10, 1995) [FR Doc. 95–25914 Filed 10–19–95; 8:45 am] acceptability of the licensee’s proposed MI950031 (Feb. 10, 1995) BILLING CODE 4510±27±M approach. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54261
DATES: Written comments on matters terminated. This requires that collecting and assessing information on covered by this notice received by radioactivity in buildings, equipment, site characteristics. SFC is required to March 29, 1996, will be considered in soil, groundwater, and surface water submit its site characterization report to developing the scope of the EIS. resulting from the licensed operation be EPA in December 1995. Comments received after this date will reduced to acceptably low levels that SFC is also conducting additional site be considered if it is practical to do so, allow the property to be released for characterization in fulfillment of NRC’s but the NRC is able to assure unrestricted use. Licensees must then decommissioning requirements. This consideration only for comments demonstrate, by a site radiological additional information will supplement received on or before this date. The survey, that residual contamination in currently available information comment period has been extended to all facilities and environmental media described in the FEI and other site allow public consideration of important have been properly reduced or documents. SFC has committed to site characterization information, which eliminated and that, except for any provide NRC with this additional site is expected to be submitted to NRC and residual radiological contamination characterization information in January other agencies in December 1995 and found to be acceptable to remain at the 1996. January 1996. site, radioactive material has been NRC and EPA are cooperating in the A public scoping meeting will be held transferred to authorized recipients. regulatory review of the at the Gore High School Auditorium in Confirmatory surveys are conducted by decommissioning and remediation of Gore, Oklahoma on November 15, 1995 NRC, where appropriate, to verify that the SFC facility. In September 1995, the from 7 to 10 p.m. sites meet NRC radiological criteria for agencies completed a Memorandum of ADDRESSES: Written comments on the decommissioning. Understanding that describes the respective roles and responsibilities of matters covered by this notice and/or Need for Proposed Action the scoping meeting should be sent to: the agencies along with procedures for Rules Review and Directives Branch, From 1970 until 1993, SFC operated coordination oversight activities. The SFC facility has been listed in U.S. Nuclear Regulatory Commission, a uranium conversion facility at a site located in Gore, Oklahoma, under the NRC’s Site Decommissioning Washington, DC 20555. ATTN: authority of an NRC license issued Management Plan (SDMP) because NRC Docketing and Services Branch. Hand pursuant to 10 CFR part 40. The main has determined that it warrants special deliver comments to 11555 Rockville process was the conversion of uranium NRC oversight to ensure timely and safe Pike, Rockville, Maryland 20852, oxide (yellowcake) to uranium decommissioning. The SFC facility is between 7:45 a.m. and 4:15 p.m., on hexafluoride. A second process, begun contaminated with radioactive Federal workdays. materials, including depleted and The scoping meeting will be held in in 1987, consisted of the conversion of natural uranium. Specifically, the site the auditorium of the Gore, Oklahoma depleted uranium hexafluoride to uranium tetrafluoride. In November contains large amounts of contaminated High School, Gore, OK on November 15, 1992, following an uncontrolled release soil, unused settling ponds, and burial 1995. of nitrous oxide from the main process, grounds for radioactive waste that may FOR FURTHER INFORMATION CONTACT: Jim SFC notified the NRC that SFC had be difficult to decommission. In Shepherd, Office of Nuclear Material terminated operations. At this same addition, the site has also been listed in Safety and Safeguards, Washington, DC time, SFC stated they would not restart the SDMP because there is groundwater 20555, Telephone: 301–415–6712 or the main process of yellowcake contamination from onsite wastes and 800–368–5462; fax 301–415–6712; e- conversion, and that SFC would cease the ability of SFC to pay for mail [email protected]. all conversion processes by July 1993. decommissioning is limited. At least SUPPLEMENTARY INFORMATION: During the time of operations, SFC some of the waste is known to exceed disposed of contaminated material in NRC’s existing radiological criteria for Background trenches, constructed and utilized decommissioning. Therefore, NRC is The NRC has the statutory numerous settling and storage ponds, requiring the licensee to remediate the responsibility for protection of public and spilled radioactive material into the SFC facility to meet the NRC’s health and safety and the environment ground contaminating surrounding soil decommissioning criteria, as described related to the use of source, byproduct, and groundwater. In response to in the SDMP Action Plan (April 16, and special nuclear material under the concerns about the extent of 1992, 57 FR 13389). Atomic Energy Act. The NRC believes environmental contamination in the In the Preliminary Plan for the that one portion of this responsibility is early 1990s, SFC developed a Facility Completion of Decommissioning of to assure safe and timely Environmental Investigation (FEI). The February 1993, however, SFC identified decommissioning of nuclear facilities FEI provides detailed information about on-site disposal using the criteria which it licenses. This responsibility the extent of contamination at the developed for uranium mill tailings can be partially fulfilled by providing facility. SFC is also conducting a sites (10 CFR part 40, appendix A), as guidance to licensees on how to plan for comprehensive site characterization appropriate for the SFC facility because and prepare their sites for program to identify existing radiological of similarity of materials at the mills decommissioning. Decommissioning, as and chemical contamination in partial and at SFC. The uranium mill tailings defined in the NRC’s regulations in 10 fulfillment of NRC and U.S. criteria exceed the criteria has generally CFR 40.4, for example, means to remove Environmental Protection Agency (EPA) found acceptable for decommissioning nuclear facilities safely from service and requirements. nuclear facilities other than uranium to reduce residual radioactivity to a On August 4, 1993, SFC and EPA, mill tailings disposal sites. level that permits release of the property Region VI, signed an Administrative The NRC has determined that for unrestricted use and termination of Order on Consent, establishing a approval of on-site disposal of the the license. schedule for compliance with Section radioactive waste in excess of NRC Once licensed activities have ceased, 3008(h) of the Solid Waste Disposal Act, decommissioning criteria constitutes a licensees are required, in existing NRC as amended by the Resource major federal action and, therefore, regulations, to decommission their Conservation and Recovery Act. In warrants preparation of an EIS in facilities so that their licenses can be partial fulfillment of that order, SFC is accordance with the National 54262 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
Environmental Policy Act (NEPA) and environmental impacts of alternatives to a.m. and 4:15 p.m. on Federal workdays. the NRC’s implementing requirements the proposed action and the costs This comment has been extended in 10 CFR part 51. Concentrations of associated with both the proposed compared with the normal duration of uranium, at the site exceed NRC’s action and the alternatives. All such comment periods to allow current criteria for allowing release of reasonable alternatives to the proposed consideration of additional site sites for unrestricted use. These criteria action will be analyzed. The scope of characterization information that is are listed in NRC’s Action Plan to the EIS includes consideration of both expected to be available in December Ensure Timely Cleanup of SDMP Sites radiological and non-radiological 1995 and January 1996. (57 FR 13389, April 16, 1992). As impacts associated with the alternative According to 10 CFR 51.29, the described in the Action Plan, the criteria actions. scoping process is to be used to address are applied on a site-specific basis with This notice announces the NRC’s the topics which follow. Participants emphasis on residual contamination intent to prepare an EIS. The principal may make written comments, or verbal levels that are as low as is reasonably intent of the EIS is to provide a comments at the scoping meeting, on achievable. document describing environmental the following (current preliminary NRC Consequently, if NRC approved on- consequences that will be available to staff approaches with regard to each site disposal of the radioactive material, the Agency’s decision makers in topic are included for information): land use restrictions or other reviewing the licensee’s remediation institutional controls may be necessary proposal and future decommissioning (a) Define the proposed action to be to ensure long-term protection of the plan for the SFC facility. the subject of the EIS. The proposed public and the environment. NRC action is the construction of a facility to The Scoping Process expects that SFC would have to apply isolate radioactive materials in an for and obtain an exemption from NRC’s The Commission’s regulations in 10 engineered on-site disposal cell and the present requirements because NRC’s CFR part 51 contain requirements for development of site specific current requirements for conducting a scoping process prior to remediation criteria for contamination decommissioning do not allow for land preparation of an EIS. In accordance left in place at the SFC facility in Gore, use restrictions (see definition of with 10 CFR 51.26, whenever the NRC Oklahoma. Decommissioning in 10 CFR 40.4). determines that an EIS will be prepared (b) Determine the scope of the EIS and In addition to the issues discussed by NRC in connection with a proposed the significant issues to be analyzed in above that fall under NRC’s jurisdiction, action, NRC will publish a notice of depth. The NRC is proposing to analyze there are other environmental issues intent in the Federal Register stating the costs and impacts associated with associated with decommissioning the that an EIS will be prepared and the proposed action and alternative SFC facility that are regulated by other conduct an appropriate scoping process. decommissioning approaches. The agencies, including the EPA, which has In addition, this scoping process may following proposed outline for the EIS regulatory authority over hazardous include the holding of a public scoping reflects the current NRC staff view on wastes and releases at the facility. The meeting. the scope and major topics to be dealt scoping process and EIS will not only NRC also describes, in 10 CFR 51.27, with in the EIS: aid NRC in reaching decisions about the the content of the notice of intent and requires that the notice describe the Proposed Outline: Environmental Impact decommissioning of the SFC facility, Statement proposed action and also, to the extent but should also be useful to EPA in Abstract discharging its duties. that sufficient information is available, possible alternatives. In addition, the Executive Summary Description of Proposed Action notice of intent is to describe the Table of Contents The proposed action is the proposed scoping process, including the construction of a facility to isolate role of participants, whether written 1. Introduction comments will be accepted, and 1.1 Background contained materials in an engineered 1.2 Purpose and Need for Proposed on-site cell and the development of site whether a public scoping meeting will Action specific remediation criteria for be held. In accordance with §§ 51.26 1.3 Description of Proposed Action contamination left in place. and 51.27, the proposed action and 1.4 Approach in Preparation of the Draft possible alternative approaches are EIS Preparation of an Environmental discussed below. The role of 1.5 tructure of the Draft EIS Impact Statement participants in the scoping process for 2. Alternatives including the Proposed Under the NEPA, all Federal agencies this EIS includes the following: Action must consider the effect of their actions (1) Participants may attend and 2.1 Factors Considered in Evaluating on the environment. Section 102(1) of provide oral discussion on the proposed Alternatives NEPA requires that the policies, 2.2 Alternatives action and possible alternatives at the 2.3 Regulatory Compliance regulations, and public laws of the public scoping meeting at the Gore High 3. Affected Environment United States be interpreted and School, Gore Oklahoma, on November 3.1 Introduction administered in accordance with the 15, 1995, from 7 to 10 p.m. 3.2 Description of the SFC facility policies set forth in NEPA. It is the (2) The Commission will also accept 3.3 Land Use intent of NEPA to have Federal agencies written comments on the proposed 3.4 Geology/Seismicity incorporate consideration of action and alternatives from the public. 3.5 Meteorology and Hydrology environmental issues into their Written comments should be submitted 3.6 Ecology decision-making processes. NRC by March 29, 1996, and should be sent 3.7 Socioeconomic Characteristics regulations implementing NEPA are to: Rules Review and Directives Branch, 3.8 Radiation 3.9 Cultural Resources contained in 10 CFR part 51. To fulfill U.S. Nuclear Regulatory Commission, 3.10 Environmental Justice NRC’s responsibilities under NEPA, the Washington, DC 20555. ATTN: 3.11 Other Environmental Features NRC intends to prepare an EIS that will Docketing and Services Branch. Hand 4. Decommissioning Alternatives Analyzed analyze the environmental impacts of deliver comments to 11555 Rockville and Method of Approach for the the proposed action, as well as Pike, Rockville, Maryland between 7:45 Analysis Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54263
4.1 General Information on Approach and 6.2 Quantifiable Socioeconomic Impacts example, NRC has already been Method of Analysis of Decommissioning 6.3 The Benefit-Cost Summary coordinating its reviews of Alternatives 6.4 Staff Assessment decommissioning actions at the SFC 4.2 Alternatives Considered—each of the 7. List of Preparers facility with EPA Region VI, Oklahoma alternatives represent alternate 8. List of Agencies, Organizations, and Department of Environmental Quality, decommissioning approaches. Persons Receiving Copies of the Draft EIS (a) Alternative 1, On-site isolation of 9. References U.S. Army Corps of Engineers, and the radioactive waste in an engineered Appendix A—RESERVED FOR COMMENTS U.S. Geologic Survey. NRC anticipates disposal cell and development of site ON DEIS continued consultation with these and specific remediation criteria (Licensee’s Appendix B—Results of Scoping Process other agencies, as appropriate, during proposed alternative) This alternative (c) Identify and eliminate from the development of the EIS. would also likely include land use (f) Indicate the relationship between detailed study issues which are not restrictions and/or other institutional the timing of the preparation of significant or which are peripheral or controls to prevent or reduce potential environmental analysis and the which have been covered by prior intrusion into the waste and to monitor Commission’s tentative planning and the long-term effectiveness of the environmental review. The NRC has not decision making schedule. NRC intends disposal and take mitigative measures as yet eliminated any nonsignificant necessary to protect the public and to prepare and issue for public comment issues. However, NRC is considering a draft EIS in early to mid 1997. The environment. elimination of the following issues from (b) Alternative 2, Disposal of radioactive comment period would be for 90 days. waste at an off-site, licensed facility. All the scope of this EIS because they have The final EIS is scheduled for radioactive wastes above release criteria, been previously analyzed in a previous publication in fall of 1997. This including sludge, uranium compounds Generic Environmental Impact schedule may be impacted by the in the ground, contaminated equipment Statement (GEIS) (NUREG–0586) and availability and adequacy of site and structures, scrap materials, and included in an earlier rulemaking (53 information. Subsequent to completion exhumed wastes would be packaged and FR 24018, June 28, 1988): (i) planning of the final EIS, the NRC would review shipped to a licensed disposal facility. necessary to conduct decommissioning (c) Alternative 3, Disposal at new off-site and act on a license amendment from operations in a safe manner; (ii) the time the licensee requesting authorization for facility. Disposal of radioactive wastes at period in which decommissioning an alternate, licensed disposal site decommissioning the site, including the authorized in accordance with the NRC’s should be completed; and (iii) whether decommissioning plan as required in 10 requirements. facilities should not be left abandoned, CFR § 40.42(c)(2). (d) Alternative 4, Above grade, retrievable but instead remediated to appropriate (g) Identify cooperating agencies and, storage on-site. All radioactive wastes, in levels. In addition, requirements were as appropriate, assignments and excess of release criteria, would be recently imposed in a separate schedules. The EPA will be invited to be packaged and stored in a retrievable form rulemaking regarding timeliness of a cooperating agency in this EIS, as will in an above grade facility. Institutional decommissioning for 10 CFR parts 30, the U.S. Corps of Engineers that is controls would continue to apply during 40, and 70 licensees (58 FR 4099, responsible for property adjacent to the storage period until the waste is January 13, 1993). NRC also proposed removed for disposal. SFC. The Cherokee Nation, the U.S. (e) Alternative 5, No Action. This establishing radiological criteria for Geological Survey, the U.S. Fish and alternative is mandated by NEPA and decommissioning, which are supported Wildlife Service, and agencies of the will identify the impacts of no by a draft generic environmental impact State of Oklahoma will also be invited remediation at the facility. statement (NUREG–1496; 59 FR 43700, to participate as cooperating agencies. 4.3 Method of Analysis of Alternatives August 22, 1994). Specific assignments and schedules will (a) Define a range of alternatives; (d) Identify any Environmental be identified after agency commitments (b) Evaluate the alternative Assessments or EISs which are being or are received and completion of scoping. decommissioning approaches with will be prepared that are related but are (h) Describe the means by which the respect to: (1) The incremental impact to not part of the scope of this EIS. An EIS will be prepared. NRC will prepare workers, members of the public, and the Environmental Assessment on the environment, both radiological and the draft EIS according to the nonradiological, resulting from each timeliness of decommissioning has been requirements in 10 CFR part 51. alternative, and (2) the costs associated prepared as part of a separate Specifically, in accordance with 10 CFR with each alternative. Evaluations of rulemaking on decommissioning 51.71, the draft EIS will consider impacts and costs are contained in timeliness (59 FR 36026; July 15, 1994). comments submitted to NRC as part of Sections 5 and 6 below; NRC has developed a GEIS (NUREG– the scoping process and will include a (c) Perform a comparative evaluation of the 1496) to support a rulemaking to preliminary analysis which considers decommissioning approaches based on establish generic radiological criteria for and balances the environmental and the impacts and costs of each alternative decommissioning (59 FR 43200, August other effects of the proposed action and from 4.3(b). 22, 1994). In addition, NRC is presently 5. Environmental Consequences, Monitoring, the alternatives available for reducing or and Mitigation developing EIS’s for decommissioning avoiding adverse environmental and 5.1 Construction and Remediation projects involving proposals for onsite other effects, as well as the Consequences disposal at sites owned by Shieldalloy environmental, economic, technical, 5.2 Monitoring Programs Metallurgical Corporation at Cambridge, and other benefits of the proposed 5.3 Mitigation Measures Ohio and Newfield, New Jersey; by action. 5.4 Unavoidable Adverse Environmental Babcox and Wilcox at Parks Township, The EIS will be prepared by the NRC Impacts Pennsylvania; and by the U.S. Army at staff and an NRC contractor. NRC is 5.5 Relationship between Short-Term Jefferson Proving Ground, Indiana. arranging a project with Oak Ridge Uses of the Environment and Long-Term (e) Identify other environmental National Laboratory to provide technical Productivity 5.6 Irreversible and Irretrievable review or consultation requirements assistance in the preparation of the EIS. Commitments of Resources related to the proposed action. NRC will In addition, NRC anticipates requesting 6. Costs and Benefits Associated with consult with other Federal, State, Tribal, specific information from the licensee to Decommissioning Alternatives and local agencies that have jurisdiction support preparation of the EIS. Any 6.1 General over the SFC site decommissioning. For information received from the licensee 54264 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices related to the EIS will be available for by and hold discussions with the internal personnel rules and public review, unless the information is representatives of the NRC staff and practices of this Advisory Committee, protected from public disclosure in BWR Owners Group (BWROG) and matters the release of which would accordance with NRC requirements in regarding the proposed revisions to constitute a clearly unwarranted 10 CFR § 2.790. emergency procedure guidelines invasion of personal privacy. In the scoping process, participants developed by the BWROG for mitigation 10:45 a.m.–11:30 a.m.: Future ACRS are invited to speak or submit written of an ATWS event compounded by core Activities (Open)—The Committee will comments, as noted above, on any or all power instability. select topics for consideration during of the areas described above. In A portion of this session may be future ACRS meetings. accordance with 10 CFR 51.29, at the closed to discuss General Electric 11:30 a.m.–11:45 a.m.: Reconciliation conclusion of the scoping process, NRC Nuclear Energy proprietary information of ACRS Comments and will prepare a concise summary of the applicable to this matter. Recommendations (Open)—The determinations and conclusions 1:30 p.m.–3:00 p.m.: Advanced Committee will discuss responses reached, including the significant issues Control Room Design Review Guidelines expected from the NRC Executive identified, and will send a copy to each (Open)—The Committee will hear Director for Operations to comments participant in the scoping process. presentations by and hold discussions and recommendations included in Dated at Rockville, MD., this 13th day of with representatives of the NRC staff recent ACRS reports. October 1995. regarding the proposed Revision 1 to 11:45 a.m.–12:00 Noon: Subcommittee Activities (Open)—The For the U.S. Nuclear Regulatory NUREG–0700, ‘‘Human-System Commission. Interface Design Review Guideline’’. Committee will hear a report by the Representatives of the industry will Subcommittee Chairman regarding the Michael F. Weber, participate, as appropriate. October 26–27, 1995 meeting on Chief, Decommissioning and Regulatory 3:15 p.m.–4:15 p.m.: Reliability of Individual Plant Examinations/ Issues Branch, Division of Low-Level Waste Management and Decommissioning, Office of Safety Systems (Open)—The Committee Probabilistic Risk Assessment. Nuclear Material Safety and Safeguards. will hear presentations by and hold 1:00 p.m.–6:30 p.m.: Preparation of ACRS Reports (Open)—The Committee [FR Doc. 95–25978 Filed 10–19–95; 8:45 am] discussions with representatives of the NRC staff regarding the methods/means will continue its discussion of proposed BILLING CODE 7590±01±P used by the staff for reviewing the ACRS reports on matters considered reliability of safety systems. during this meeting, as well as a Advisory Committee on Reactor Representatives of the industry will proposed ACRS report on the Safeguards; Meeting Agenda participate, as appropriate. Resolution of Generic Issue 78, 4:30 p.m.–6:45 p.m.: Preparation of ‘‘Monitoring of Fatigue Transient Limits In accordance with the purposes of ACRS Reports (Open)—The Committee for Reactor Coolant System’’. Sections 29 and 182b. of the Atomic will discuss proposed ACRS reports on Saturday, November 4, 1995 Energy Act (42 U.S.C. 2039, 2232b), the matters considered during this meeting, Advisory Committee on Reactor as well as a proposed ACRS report on 8:30 a.m.–10:30 a.m.: Preparation of Safeguards will hold a meeting on the Resolution of Generic Issue 78, ACRS Reports (Open)—The Committee November 2–4, 1995, in Conference ‘‘Monitoring of Fatigue Transient Limits will continue its discussion of proposed Room T–2B3, 11545 Rockville Pike, for the Reactor Coolant System’’. ACRS reports on matters considered Rockville, Maryland. The date of this during this meeting and on the other Friday, November 3, 1995 meeting was previously published in matter noted above. the Federal Register on Tuesday, 8:30 a.m.–8:35 a.m.: Opening 10:45 a.m.–12 Noon: Strategic August 22, 1995 (60 FR 43619). Remarks by the ACRS Chairman Planning (Open)—The Committee will (Open)—The ACRS Chairman will make discuss items that are of significant Thursday, November 2, 1995 opening remarks regarding conduct of importance to NRC, including 8:30 a.m.–8:45 a.m.: Opening the meeting. rebaselining of the Committee activities Remarks by the ACRS Chairman 8:35 a.m.–9:45 a.m.: Proposed Final for fiscal year 96–97. (Open)—The ACRS Chairman will make Regulatory Guide 1.164, ‘‘Time 12:00 Noon–12:15 p.m.: opening remarks regarding conduct of Response Design Criteria for Safety- Miscellaneous (Open)—The Committee the meeting and comment briefly Related Operator Actions’’ (Open)—The will discuss miscellaneous matters regarding items of current interest. Committee will hear presentations by related to the conduct of Committee During this session, the Committee will and hold discussions with activities. discuss priorities for preparation of representatives of the NRC staff Procedures for the conduct of and ACRS reports. regarding proposed final Regulatory participation in ACRS meetings were 8:45 a.m.–10:45 a.m.: Watts Bar Unit Guide 1.164. published in the Federal Register on 1 Operating License Application Representatives of the industry will October 5, 1994 (59 FR 50780). In (Open)—The Committee will hear participate, as appropriate. accordance with these procedures, oral presentations by and hold discussions 9:45 a.m.–10:30 a.m.: Report of the or written statements may be presented with representatives of the NRC staff Planning and Procedures Subcommittee by members of the public, electronic and the applicant (Tennessee Valley (Open/Closed)—The Committee will recordings will be permitted only Authority) on the status of resolution of hear a report of the Planning and during the open portions of the meeting, issues associated with the review of the Procedures Subcommittee on matters and questions may be asked only by operating license application for Watts related to the conduct of ACRS members of the Committee, its Bar Unit 1 nuclear plant. business, and organizational and consultants, and staff. Persons desiring Representatives of the public will personnel matters relating to the ACRS to make oral statements should notify participate, as appropriate. staff members. Mr. Sam Duraiswamy, Chief, Nuclear 11:00 a.m.–12:30 p.m: BWR Core A portion of this session may be Reactors Branch, at least five days Power Stability/ATWS (Open/Closed)— closed to discuss organizational and before the meeting, if possible, so that The Committee will hear presentations personnel matters that relate solely to appropriate arrangements can be made Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54265 to allow the necessary time during the to correct placement of an individual System would implement a new Priority meeting for such statements. Use of still, notice. Mail processing and distribution motion picture, and television cameras FOR FURTHER INFORMATION CONTACT: concept in several new Priority Mail during this meeting may be limited to Michael T. Lesar, Chief, Rules Review centers along the East Coast. This selected portions of the meeting as Section, Rules Review and Directives proposed system is needed to improve determined by the Chairman. Branch, Division of Freedom of service because on-time delivery Information regarding the time to be set Information and Publications Services, performance is below the targeted level. aside for this purpose may be obtained Office of Administration, telephone This system would both segregate by contacting the Chief of the Nuclear (301) 415–7163. Priority Mail from other mail classes Reactors Branch prior to the meeting. In SUPPLEMENTARY INFORMATION: On page and process and distribute Priority Mail view of the possibility that the schedule 52935, in the first column, the through dedicated facilities. Although for ACRS meetings may be adjusted by individual notice entitled, ‘‘Rochester in a few instances new construction the Chairman as necessary to facilitate Gas and Electric Corporation, Docket may be required, the facilities would be the conduct of the meeting, persons No. 50–244, W.E. Ginna Nuclear Power preferably housed in existing planning to attend should check with Plant, Wayne County, New York’’ commercial or industrial buildings. the Chief of the Nuclear Reactors Branch should have been printed in Stanley F. Mires, if such rescheduling would result in alphabetical order under the section Chief Counsel, Legislative. major inconvenience. entitled, ‘‘Previously Published Notices In accordance with Subsection 10(d) [FR Doc. 95–26162 Filed 10–18–95; 1:19 pm] of Consideration of Issuance of P.L. 92–463, I have determined that it is BILLING CODE 7710±12±P Amendment to Facility Operating necessary to close portions of this Licenses, Proposed No Significant meeting noted above to discuss matters Hazards Consideration Determination, that relate solely to the internal RAILROAD RETIREMENT BOARD and Opportunity for a Hearing,’’ which personnel rules and practices of this begins on page 52937. Dated at Advisory Committee per 5 U.S.C. Proposed Data Collection Available for 552b(c)(2), to discuss General Electric Rockville, MD, this day of October 1995. Public Comment and Nuclear Energy proprietary information For the Nuclear Regulatory Commission. Recommendations per 5 U.S.C. 552b(c)(4), and to discuss Michael T. Lesar, SUMMARY: In accordance with the matters the release of which would Chief, Rules Review Section, Rules Review requirement of Section 3506(c)(2)(A) of constitute a clearly unwarranted and Directives Branch, Division of Freedom the Paperwork Reduction Act of 1995 invasion of personal privacy per 5 of Information and Publications Services, which provides opportunity for public Office of Administration. U.S.C. 552b(c)(6). comment on new or revised data Further information regarding topics [FR Doc. 95–25979 Filed 10–19–95; 8:45 am] collections, the Railroad Retirement to be discussed, whether the meeting BILLING CODE 7590±01±P Board will publish periodic summaries has been cancelled or rescheduled, the of proposed data collections. Chairman’s ruling on requests for the Comments are invited on: (a) Whether opportunity to present oral statements POSTAL SERVICE the proposed information collection is and the time allotted therefor can be necessary for the proper performance of obtained by contacting Mr. Sam Intent To Prepare a Programmatic the functions of the agency, including Duraiswamy, Chief, Nuclear Reactors Environmental Assessment: Priority whether the information has practical Branch (telephone 301–415–7364), Mail Processing System utility; (b) the accuracy of the RRB’s between 7:30 A.M. and 4:15 P.M. EDT. AGENCY: Postal Service. estimate of the burden of the collection ACRS meeting notices, meeting ACTION: Notice of intent. of the information; (c) ways to enhance transcripts, and letter reports are now the quality, utility, and clarity of the available on FedWorld from the ‘‘NRC SUMMARY: To aid in planning, the Postal information to be collected; and (d) MAIN MENU.’’ Direct Dial Access Service intends to prepare a ways to minimize the burden related to number to FedWorld is (800) 303–9672; Programmatic Environmental the collection of information on the local direct dial number is 703–321– Assessment (PEA) for its proposed respondents, including the use of 3339. Priority Mail Processing System, automated collection techniques or Dated: October 16, 1995. pursuant to the National Environmental other forms of information technology. Andrew L. Bates, Policy Act (NEPA). This PEA will assess the impact of this proposed system on Title and Purpose of Information Advisory Committee Management Officer. Collection [FR Doc. 95–25977 Filed 10–19–95; 8:45 am] the human environment, both physical and cultural, which includes the postal BILLING CODE 7590±01±M Repayment of Debt working environment. When the Railroad Retirement Board DATES: Suggestions regarding issues or (RRB) determines that an overpayment Biweekly Notice; Applications and concerns to be addressed in the PEA of Railroad Retirement Act (RRA) Amendments to Facility Operating must be received on or before October benefits has occurred, it initiates prompt Licenses Involving No Significant 31, 1995. action to notify the annuitant of the Hazards Consideration; Correction ADDRESSES: Mail or deliver written overpayment and to recover the money comments to the Manager, Operations AGENCY: Nuclear Regulatory owed the RRB. In addition to the Networks Redesign, U.S. Postal Service, Commission. customary form of repayment (check, 425 L’Enfant Plaza SW, Washington, DC ACTION: Biweekly notice; correction. money order, annuity withholding), 20260–7165. repayment of a debt owed the RRB can SUMMARY: This document corrects a FOR FURTHER INFORMATION CONTACT: also be made by means of a credit card. biweekly notice appearing in the Anthony M. Pajunas, (202) 268–3669. To effect payment by credit card the Federal Register on October 11, 1995 SUPPLEMENTARY INFORMATION: The RRB utilizes Form G–421f, Repayment (60 FR 52927). This notice is necessary proposed Priority Mail Processing by Credit Card. One form will be 54266 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices completed by each respondent. Minor Title and Purpose of Information SECURITIES AND EXCHANGE editorial changes are being proposed to Collection COMMISSION G–421f. RRB procedures pertaining to Statement Regarding Contributions and benefit overpayment determinations and Support [Release No. 34±36353; File No. SR±Amex± the recovery of such benefits are 95±35] prescribed in 20 CFR 320.9, 340.1 and Under Section 2 of the Railroad 340.5. Retirement Act, dependency on an Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change and Estimate of Annual Respondent Burden employee for one-half support at the time of an employee’s death can be a Amendment No. 1 to the Proposed The estimated annual respondent condition affecting eligibility for a Rule Change by the American Stock burden is as follows: survivor annuity. Exchange, Inc., Relating to the Amex's Enforcement Authority Over Members' One-half support is also a condition Transactions Effected on Other Annual Time Burden which may negate the public service Form Nos. re- Options Exchanges sponses (Min) (Hrs) pension offset in Tier I for a spouse or widow(er). The Railroad Retirement October 10, 1995. G±421f ...... 300 5 25 Board (RRB) utilizes Form G–134, Pursuant to Section 19(b)(1) of the Statement Regarding Contributions and Securities Exchange Act of 1934 Support, to secure evidence of the ADDITIONAL INFORMATION OR COMMENTS: (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is To request more information or to claimed support from an applicant. One hereby given that on August 25, 1995, obtain a copy of the information form will be completed by each the American Stock Exchange, Inc. collection justification, forms, and/or respondent. Without the use of Form G– (‘‘Amex’’ or ‘‘Exchange’’) filed with the supporting material, please call the RRS 134 the RRB would not have the means Securities and Exchange Commission Clearance Officer at (312) 751–3363. to adequately determine if an applicant (‘‘SEC’’ or ‘‘Commission’’) the proposed Comments regarding the information meets the one-half requirement. Minor rule change as described in Items I, II, collection should be addressed to editorial changes are being proposed to and III below, which Items have been Ronald J. Hodapp, Railroad Retirement Form G–134. prepared by the self-regulatory Board, 844 N. Rush Street, Chicago, organization.1 The Commission is Illinois 60611–2092. Written comments ESTIMATE OF ANNUAL RESPONDENT publishing this notice to solicit should be received within 60 days of BURDEN comments on the proposed rule change this notice. [The estimated annual respondent burden is from interested persons. Chuck Mierzwa, as follows] I. Self-Regulatory Organization’s Clearance Officer. Annual Statement of the Terms of Substance of [FR Doc. 95–26030 Filed 10–19–95; 8:45 am] Time Burden Form No. re- (Min) (Hrs) the Proposed Rule Change BILLING CODE 7905±01±M sponses The Amex proposes to amend (1) G±134: Amex Rule 900(a), ‘‘Applicability,’’ to Proposed Data Collection Available for With as- confirm the Exchange’s enforcement Public Comment and sistance 200 15 50 authority over Amex members’ options Recommendations Without transactions effected on another options assist- ance .... 100 25 42 exchange; and (2) Amex Rules 904, SUMMARY: In accordance with the ‘‘Position Limits,’’ and 905, ‘‘Exercise requirement of section 3506(c)(2)(A) of Total .... 300 ...... 92 Limits,’’ to clarify the Exchange’s the Paperwork Reduction Act of 1995 enforcement authority with respect to which provides opportunity for public ADDITIONAL INFORMATION OR COMMENTS: the enforcement of the Amex’s position 2 comment on new or revised data To request more information or to and exercise limit rules. collections, the Railroad Retirement obtain a copy of the information The text of the proposal is available Board will publish periodic summaries collection justification, forms, and/or at the Office of the Secretary, Amex, and of proposed data collections. supporting material, please call the RRB at the Commission. Comments are invited on: (a) Whether Clearance officer at (312) 751–3363. the proposed information collection is Comments regarding the information 1 The Amex clarified that it will apply the necessary for the proper performance of collection should be addressed to interpretations and policies of another exchange when applying that exchange’s position and the functions of the agency, including Ronald J. Hodapp, Railroad Retirement exercise limit rules to an Amex’s members whether the information has practical Board, 844 N. Rush Street, Chicago, transactions on that exchange. In addition, the utility; (b) the accuracy of the RRB’s Illinois 60611–2092. Written comments Amex indicated that the Amex will follow its own rules when taking a disciplinary action against an estimate of the burden of the collection should be received within 60 days of Amex member who violates the position and of the information; (c) ways to enhance this notice. exercise limits of another exchange. See Letter from the quality, utility, and clarity of the Chuck Mierzwa, Claire P. McGrath, Managing Director and Special information to be collected; and (d) Counsel, Derivative Securities, Amex, to Michael Clearance Officer. Walinskas, Branch Chief, Derivatives Regulation, ways to minimize the burden related to [FR Doc. 95–26032 Filed 10–19–95; 8:45 am] Office of Self-Regulatory Oversight, Division of the collection of information on Market Regulation, Commission, dated September respondents, including the use of BILLING CODE 7505±01±M 19, 1995 (‘‘Amendment No. 1’’). 2 The Amex will apply the interpretations and automated collection techniques or policies of another exchange when applying that other forms of information technology. exchange’s position and exercise limit rules to an Amex’s members transactions on that exchange. See Amendment No. 1, supra note 1. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54267
II. Self-Regulatory Organization’s Another issue concerning the particular, in that it is designed to Statement of the Purpose of, and Exchange’s enforcement authority has prevent fraudulent and manipulative Statutory Basis for, the Proposed Rule arisen with respect to the enforcement acts and practices, to promote just and Change of the Exchange’s position limit and equitable principles of trade, to foster In its filing with the Commission, the exercise limit rules. Specifically, Amex cooperation and coordination with self-regulatory organization included Rule 904 prohibits Amex members from persons engaged in facilitating statements concerning the purpose of effecting, for any account in which the transactions in securities, and to remove and basis for the proposed rule change member has an interest or for any impediments to and perfect the and discussed any comments it received customer account, transactions in mechanism of a free and open market on the proposed rule change. The text options contracts dealt in on the and a national market system. Exchange that would exceed its of these statements may be examined at (B) Self-Regulatory Organization’s established position limits. Similarly, the places specified in Item IV below. Statement on Burden on Competition Amex Rule 905 prohibits members from The self-regulatory organization has The Amex does not believe that the prepared summaries, set forth in exercising, for any account in which the member has an interest or for any proposed rule change will impose any sections (A), (B), and (C) below, of the burden on competition. most significant aspects of such customer account, a long position in statements. option contracts dealt in on the (C) Self-Regulatory Organization’s Exchange that exceeds its established Statement on Comments on the (A) Self-Regulatory Organization’s exercise limits. As presently written, Proposed Rule Change Received From Statement of the Purpose of, and Amex Rules 904 and 905 apply only to Members, Participants or Others Statutory Basis for, the Proposed Rule option classes traded on the Amex and Change not to opening transactions or exercises No written comments were solicited in option classes traded on another or received with respect to the proposed (a) Purpose. rule change. In August 1994, the Commission set options exchange. The Amex notes that aside an Exchange disciplinary action since each option exchange only has III. Date of Effectiveness of the taken against a registered representative jurisdiction over its own members, a Proposed Rule Change and Timing for of an Amex member firm who had been jurisdictional loophole exists where, for Commission Action example, an Amex member exceeds found guilty by an Exchange Within 35 days of the date of position or exercise limits on another disciplinary panel of violating the publication of this notice in the Federal options exchange of which it is not a Exchange’s options suitability and Register or within such longer period (i) member in an option class not listed on discretionary trading rules (Amex Rules as the may designate up to 90 days of the Amex. In such situations, the Amex 923, ‘‘Suitability,’’ and 924 such date if it finds such longer period cannot take disciplinary action against ‘‘Discretionary Accounts,’’) in to be appropriate and publishes its its member for violating the position connection with the trading on the reason for so finding or (ii) as to which and exercise limit rules in an option Philadelphia Stock Exchange (‘‘PHLX’’) the self-regulatory organization class traded on another options of Swiss Franc options listed on the consents, the Commission will: PHLX.3 The Commission stated that exchange. Similarly, the other options (a) By order approve such proposed under Amex rules, as presently written, exchange where the option class is rule change, or options trading rules, including options traded cannot bring an action since it (b) Institute proceedings to determine suitability and discretionary trading does not have jurisdiction over a non- whether the proposed rule change rules, could only be applied to options member. should be disapproved. transactions effected on the Amex, not Therefore, the Amex proposes to to options transactions effected on amend Exchange Rules 904 and 905 to IV. Solicitation of Comments another options exchange. The close this jurisdictional loophole. Interested persons are invited to Commission also rejected the According to the Amex, the proposed submit written data, views and Exchange’s subsequent request for amendments will allow the Amex to arguments concerning the foregoing. reconsideration of that decision.4 In its extend its disciplinary jurisdiction over Persons making written submissions Order Denying Reconsideration, the its members when they violate position should file six copies thereof with the Commission suggested that the and exercise limits in option contracts Secretary, Securities and Exchange Exchange submit a rule amendment to dealt in on any options exchange, not Commission, 450 Fifth Street NW., clarify its authority in this regard. just the Amex. This extension of Washington, D.C. 20549. Copies of the Accordingly, the Amex proposes to jurisdiction will apply only when the submission, all subsequent amend Amex Rule 900(a) to confirm and Amex member is not a member of the amendments, all written statements clearly specify the Exchange’s other options exchange. In addition, the with respect to the proposed rule enforcement authority over options Amex will apply the applicable position change that are filed with the transactions effected by Amex members and exercise limit rules of the other Commission, and all written on another exchange.5 exchange, as well as the interpretations communications relating to the and policies of that exchange,6 not the proposed rule change between the 3 See Securities Exchange Act Release No. 34622 Amex. Commission and any person, other than (August 31, 1995), 57 SEC Docket 1254. (b) Basis. those that may be withheld from the 4 See Securities Exchange Act Release No. 35658 The Amex believes that the proposed public in accordance with the (May 2, 1995), 59 SEC Docket 0620 (‘‘Order Denying rule change is consistent with Section provisions of 5 U.S.C. 552, will be Reconsideration’’). 6(b) of the Act, in general, and furthers 5 available for inspection and copying at Amex Rule 900(a) as amended, will provide: the objectives of Section 6(b)(5), in ‘‘The Rules in this Part V shall be applicable to (i) the Commission’s Public Reference The trading on the Exchange of option contracts Section, 450 Fifth Street NW., issued by the Options Clearing Corporation, (ii) the and other matters, relating to option contracts dealt terms and conditions and the exercise and in by any member or member organization on any Washington, D.C. Copies of such filing settlement of option contracts so traded, and (iii) exchange.’’ will also be available for inspection and the handling of orders, and the conduct of accounts 6 See Amendment No. 1, supra note 1. copying at the principal office of the 54268 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices above-mentioned self-regulatory In the event that a professional order ‘‘has specialist bid (1,000 shares) with the organization. All submissions should the post,’’ i.e., is the highest priority order in professional order remaining unfilled. the specialist’s book at a given price, the refer to the file number in the caption II. Self-Regulatory Organization’s above and should be submitted by professional order is not required to yield precedence to an Agency Order at the same Statement of the Purpose of, and November 10, 1995. price that has not established time priority Statutory Basis for, the Proposed Rule For the Commission, by the Division of over the professional order. Notwithstanding Change Market Regulation, pursuant to delegated anything in the previous sentence to the authority.7 contrary, in the event that such Agency Order In its filing with the Commission, the self-regulatory organization included Margaret H. McFarland, is due a fill under the Exchange’s Best Rule, that Agency Order shall be filled even though statements concerning the purpose of Deputy Secretary. the professional order which had a higher and basis for the proposed rule change [FR Doc. 95–25959 Filed 10–19–95; 8:45 am] priority on the book is not filled. and discussed any comments it received BILLING CODE 8010±01±M In the event that a specialist’s own order on the proposed rule change. The text ‘‘has the post,’’ i.e., an order which originates of these statements may be examined at with the specialist as dealer is the highest [Release No. 34±36373; File No. SR±CHX± priority order in the specialist’s book at a the places specified in Item IV below. 95±18] given price, and a professional order and an The self-regulatory organization has Agency Order are subsequently entered in the prepared summaries, set forth in Self-Regulatory Organizations; Notice book at the same price, the professional order Sections A, B, and C below, of the most of Filing of Proposed Rule Change by must yield precedence to the Agency Order significant aspects of such statements. the Chicago Stock Exchange, if the specialist’s own order yields Incorporated Relating to Priority and precedence to the Agency Order. A. Self-Regulatory Organization’s Precedence of Agency and Example 1: Statement of the Purpose of, and Professional Orders CHX Specialist’s Book in XYZ stock. Statutory Basis for, the Proposed Rule Change October 16, 1995. Entry Order entered 1. Purpose Pursuant to Section 19(b)(1) of the time Under current Exchange Rules, Securities Exchange Act of 1934 9:00 Buy 1,000 shares XYZ @ 201¤4 (Pro- (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is fessional Order). agency orders do not have priority over hereby given that on July 14, 1995, the 9:05 Buy 1,000 shares XYZ @ 201¤4 professional orders, and professional Chicago Stock Exchange, Incorporated (Agency Order). orders that have established time (‘‘CHX’’ or ‘‘Exchange’’) filed with the priority do not have to give precedence 2 Securities and Exchange Commission Primary Market Quote in XYZ: 201⁄4–201⁄2; 50 (i.e., yield) to agency orders. However, (‘‘Commission’’) the proposed rule × 50 while specialists must always give change as described in Items I, II, and 1. If the primary market prints 6,000 shares precedence to agency orders, they may III below, which Items have been of XYZ at 201⁄4, the entire CHX Agency retain priority over professional orders prepared by the self-regulatory Order will be filled at 201⁄4 with the provided certain conditions are met organization. On July 26, 1995, the professional order remaining unfilled. (‘‘Specialist Priority Rule’’).3 Finally, 1 Exchange submitted to the Commission 2. If a 1,000 share sell order at 20 ⁄4 (or the Exchange’s Best Rule requires market order to sell) is offered at the specialists to give primary market Amendment No. 1 to the proposed rule specialist’s post, it will be matched with 1 protection to agency orders.4 This Rule change. The Commission is publishing the professional order at 201⁄4 with the this notice to solicit comments on the agency order remaining unfilled. does not, however, apply to professional proposed rule change from interested Example 2: orders. Professional orders receive post persons. CHX Specialist’s Book in XYZ stock. protection only. The interplay between the Specialist I. Self-Regulatory Organization’s Entry Priority Rule and the Exchange’s Best Statement of the Terms of Substance of Order/quote entered time Rule often results in the unintended the Proposed Rule Change anomaly of giving the professional order 9:00 Buy 1,000 shares XYZ @ 201¤4 (spe- The Exchange proposes to add cialist bid). the benefit of the Best Rule. For interpretation and policy .05 to Rule 2 9:05 Buy 1,000 shares XYZ @ 201¤4 (Pro- example, assume the specialist accepts of Article XXX of the Exchange’s Rules. fessional Order). a professional order for his book and The text of the proposed rule change is 9:10 Buy 1,000 shares XYZ @ 201¤4 thereafter, an agency order is entered on as follows [new text is italicized] (Agency Order). the book at the same price. Under Article XXX—Precedence to Orders in Book current rules, if that agency is due a fill Primary Market Quote in XYZ stock: 201⁄4– because of prints in the primary market Rule 2. No change in text. 1 × 20 ⁄2; 50 50 The book is effectively (i.e., due a fill under the Best Rule), the ** * interpretations and policies. realigned to show the Agency Order first, the .05 Interaction between professional limit specialist bid second, and the professional professional order must also be filled orders and agency limit orders that are not order third. because it has a higher priority in the professional orders (‘‘Agency Orders’’). 1. If the primary market prints 6,000 shares book. Due to this anomaly, specialists of XYZ at 201⁄4, the entire Agency Order will are hesitant to accept professional 7 17 CFR 200.30–3(a)(12) (1994). be filled at 201⁄4 with the specialist bid and orders. (Specialists are not required to 1 See letter from David Rusoff, Foley & Lardner, Professional Order remaining unfilled. accept professional orders for the to Glen Barrentine, Senior Counsel, Division of 2. If a 1,000 share sell order at 201⁄4 (or Market Regulation, SEC, dated July 26, 1995. In market order to sell) is offered at the 2 Amendment No. 1, the Exchange notifies the specialist’s post, it will be matched against See CHX Article XX, Rules 15 (Precedence of Bids); 16 (Precedence of Bids at Same Price); 17 Commission that the proposed rule change was the Agency Order with the specialist bid and approved by the Exchange’s Executive Committee (Precedence of Offers); 18 (Precedence of Offers at professional order remaining unfilled. Same Price); 19 (Precedence of Offers to Buy on July 20, 1995. The Amendment No. 1 also makes 1 the appropriate changes to Item 6 and consents to 3. If a 2,000 share sell order at 20 ⁄4 (or ‘‘Seller’s Option’’); and 20 (Claim of Prior or Better an extension of the period of time specified in market order to sell) is offered at the Bid). Section 19(b)(2) of the Act until thirty-five days specialist’s post, it will be matched against 3 See CHX Article XXX, Rule 2. after the submission of Amendment No. 1. both the Agency Order (1,000 shares) and the 4 See CHX Article XX, Rule 37. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54269 book.) 5 As a result, the purpose of the III. Date of Effectiveness of the office of the Exchange. All submissions proposed rule change is to give Proposed Rule Change and Timing for should refer to File No. SR–CHX–95–18 specialists an incentive to accept Commission Action and should be submitted by November professional orders for inclusion in the Within 35 days of the application of 13, 1995. book. this notice in the Federal Register or For the Commission, by the Division of Under proposed interpretation and within such other period (i) as the Market Regulation, pursuant to delegated policy .05 to Rule 2 of Article XXX, Commission may designate up to 90 authority. when a professional order ‘‘has the days of such date if it finds such longer Margaret H. McFarland, post,’’ it will not be displaced by a period to be appropriate and publishes Deputy Secretary. subsequent agency order. For example, its reasons for so finding or (ii) as to [FR Doc. 95–26001 Filed 10–19–95; 8:45 am] which the self-regulatory organization an incoming MAX order 6 will be filled BILLING CODE 8010±01±M consents, the Commission will: against the professional order and not (A) By order approve the proposed subsequent agency orders that have not rule change, or established time priority. However, (B) Institute proceedings to determine [Release No. 34±36371; File No. SR±CBOE± because the professional order will only whether the proposed rule change 95±42] have post protection (and not primary should be disapproved. Self-Regulatory Organizations; Order market protection), agency orders will Granting Approval to Proposed Rule still get the benefit of the full panoply IV. Solicitation of Comments Change and Notice of Filing and Order of protections afforded by the Best Rule Upon an initial review of the proposed rule change, it preliminarily Granting Accelerated Approval to without the need to fill the professional Amendment No. 1 to Proposed Rule order. appears to the Commission that the Exchange proposes to significantly Change by the Chicago Board Options In addition, under the proposed modify the time priority of professional Exchange, Inc., To Add Two Position interpretation and policy, when a orders and public agency orders in a and Exercise Limit Tiers for Qualifying specialist’s own dealer order ‘‘has the such manner that professional orders Equity Option Classes and To Expand post,’’ professional orders that have time would not realize certain benefits the Equity Option Hedge Exemption priority will be displaced by subsequent associated with the Exchange’s Best October 13, 1995. agency orders if the agency order Rule, and would allow specialists’ bids displaces the specialist’s order. This to retain priority over professional I. Introduction will allow the agency order to displace orders under certain circumstances. the specialist’s order, while at the same Therefore, the Commission specifically On August 7, 1995, the Chicago Board Options Exchange, Inc. (‘‘CBOE’’ or time allow the specialist’s order to requests comment on whether the ‘‘Exchange’’) submitted to the Securities retain priority over the professional proposed rule change, which distinguishes broker-dealer orders from and Exchange Commission order in accordance with the Specialist (‘‘Commission’’), pursuant to Section Priority Rule. public customer orders for purposes of priority of executions, is consistent with 19(b)(1) of the Securities Exchange Act 1 2. Statutory Basis Section 6(b)(5) of the Act. In assessing of 1934 (‘‘Act’’) and Rule 19b–4 2 the proposed rule change commenters thereunder, a proposed rule change to The proposed rule change is may wish to consider what impact, if amend Rule 4.11 (Position Limits) and consistent with Section 6(b)(5) of the any, the Commission’s recently Rule 4.12 (Exercise Limits) to add two 3 Act in that it is designed to promote just proposed rules on order execution upper position and exercise limit tiers and equitable principles of trade, to obligations may have on the operation for those equity option classes that meet remove impediments and to perfect the of the CHX’s proposed rule change.7 certain criteria for high liquidity in the mechanism of a free and open market Persons making written submissions underlying stocks. In addition, the and a national market system, and, in should file six copies thereof, with the CBOE proposed to expand its current general, to protect investors and the Secretary, Securities and Exchange equity option hedge exemption from public interest. Commission, 450 Fifth Street, N.W., twice to three times the standard or base Washington, D.C. 20549. Copies of the position limit.4 B. Self-Regulatory Organization’s submission, all subsequent Notice of the proposed rule change Statement on Burden on Competition amendments, all written statements appeared in the Federal Register on The Exchange does not believe that with respect to the proposed rule the proposed rule change will impose change that are filed with the 1 15 U.S.C. § 78s(b)(1) (1988). Commission, and all written 2 any inappropriate burden on 17 CFR 240.19b–4 (1994). communications relating to the 3 Position limits impose a ceiling on the aggregate competition. proposed rule change between the number of option contracts on the same side of the Commission and any person, other than market that an investor, or group of investors acting C. Self-Regulatory Organization’s in concert, may hold or write. Similarly, exercise Statement on Comments on the those that may be withheld from the limits impose a ceiling on the aggregate long Proposed Rule Change Received From public in accordance with the positions in option contracts that an investor, or Members, Participants, or Others provisions of 5 U.S.C. § 552, will be group of investors acting in concert, can or will available for inspection and copying at have exercised within five consecutive business No written comments were either days. the Commission’s Public Reference 4 The equity hedge exemption currently exempts solicited or received. Section, 450 Fifth Street, N.W., certain specified equity options positions from the Washington, D.C. 20549. Copies of such stated (or base) position limits in Exchange Rule 4.11 where the option contracts are hedged by 100 5 See CHX Article XXX, Rule 2. filing will also be available for shares of stock or securities convertible into such 6 Midwest Automated Execution System (‘‘MAX‘‘) inspection and copying at the principal stock (or hedged by the same number of shares is the Exchange’s automated routing and execution represented by an adjusted option contract), up to system. See Article XX, Rule 37(b) of the CHX’s 7 See Securities Exchange Act Release No. 36310 a maximum allowable position of twice the rules for a complete description of the MAX system. (Sept. 29, 1995). standard or base limit. 54270 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
August 28, 1995.5 Two comment letters so low as to discourage participation in noted in the 1985 Release that were received in response to the the options market by institutions and liberalizing position and exercise limits proposal.6 The Exchange subsequently other investors with substantial hedging would further increase the potential filed Amendment No. 1 to the proposed needs or to prevent specialists and depth and liquidity of the individual rule change on October 2, 1995.7 market makers from adequately meeting stock options markets without their obligations to maintain a fair and significantly increasing concerns II. Background and Description orderly market.9 regarding intermarket manipulations or Since the inception of standardized In October 1980, the Commission disruptions of the market for the options options trading, the options exchanges approved proposed rule changes by the or underlying securities. have had rules imposing limits on the options exchanges to increase position Lastly, in December 1993, the aggregate number of options contracts and exercise limits from 1,000 to 2,000 Commission approved the CBOE’s that a member or customer could hold contracts for all individual equity existing position and exercise limit or exercise. These rules are intended to options classes.10 In conjunction with framework for individual equity prevent the establishment of large the approval, the Commission received options.14 Depending on certain criteria options positions that can be used or commitments from the options related to the trading volume of the might create incentives to manipulate or exchanges to study the effects of the underlying stock or a combination of disrupt the underlying market so as to increased limits. The Commission both the trading volume and the number benefit the options position. In indicated that the experience gained of shares outstanding of the underlying particular, position and exercise limits under the increased limits, if coupled stock, the Exchange’s current position are designed to minimize the potential with adequate monitoring and and exercise limits were established at for mini-manipulations 8 and for corners surveillance procedures, could serve as levels of 10,500 contracts, 7,500 or squeezes of the underlying market. In a basis for considering further position contracts, and 4,500 contracts.15 addition, they serve to reduce the and exercise limit modifications. The Exchange proposes to add two possibility for disruption of the options In July 1983, the Commission position and exercise limit tiers at market itself, especially in illiquid approved a further increase in position 25,000 and 20,000 contract levels. The options classes. and exercise limits for individual stock criterion to qualify for the proposed In establishing position and exercise options based on a tiering approach.11 25,000 contract limit will require that limits, the Commission has been careful Limits for options on stocks with the the underlying security must have at to balance two competing concerns. greatest trading volume and public float least 300 million shares outstanding First, the Commission has recognized were increased to 4,000 contracts and with 75 million shares traded in the past that the limits must be sufficient to limits on all other options classes were six months, or have 100 million shares prevent investors from disrupting the increased to 2,500 contracts.12 In traded in the past six months. To qualify market for the underlying security by approving the increased limits under a for the proposed 20,000 contract limit, acquiring and exercising a number of two-tiered framework, the Commission the underlying security must have at options contracts disproportionate to noted that tiering was consistent with least 240 million shares outstanding the deliverable supply and average the gradual, evolutionary approach that with 60 million shares traded in the past trading volume of the underlying the Commission and the exchanges have six months, or have 80 million shares security. At the same time, the adopted in increasing position and traded in the past six months. Commission has realized that limits exercise limits. According to the Exchange, the must not be established at levels that are In 1985, the Commission approved a number of equity option classes further increase in position and exercise currently listed on the CBOE that would 5 See Securities Exchange Act Release No. 36124 limits for individual equity options. qualify for either of these new higher (August 18, 1995), 60 FR 44524 (August 28, 1995). This approval extended the tiering position and exercise limit tiers is small. 6 See Letter from CS First Boston, Goldman, Sachs approach commenced by the options The Exchange represents that based on & Co., J.P. Morgan Securities, Lehman Brothers, exchanges in 1983.13 The Commission Merrill Lynch & Co., Morgan Stanley & Co., PaineWebber Incorporated, and Salomon Brothers shares currently outstanding. To be eligible for the Inc., to Jonathan G. Katz, Secretary, Commission, 9 See H.R. Rept. No. IFC–3, 96th Cong., 1st Sess. 5,500 contract limit an underlying security was dated September 18, 1995 (‘‘Working Group at 189–91 (Comm. Print 1978) (‘‘Options Study’’). required to have had either (ii) trading volume of Letter’’); and letter from Peter A. Ianello, President, 10 See Securities Exchange Act Release No. 17237 at least 20 million shares during the most recent six and Patricia Levy, Executive Director, Swiss Bank (October 22, 1980), 45 FR 71454 (October 28, 1980) month trading period; or (ii) trading volume of at Corporation Capital Markets, Inc., to Jonathan G. (‘‘1980 Release’’). least 15 million shares during the most recent six Katz, Secretary, Commission, dated September 28, 11 See Securities Exchange Act Release No. 19975 month trading period and at least 40 million shares 1995 (supporting views expressed in Working (July 15, 1983), 48 FR 33389 (July 21, 1983) (‘‘1983 currently outstanding. All other options not Group Letter). Release’’). meeting these requirements were subject to the 7 In Amendment No. 1, the CBOE stated its 12 To be eligible for the 4,000 contract limit an 3,000 contract limits. intention to restrict the use of the new position and underlying security was required to have had either 14 See Securities Exchange Act Release No. 33283 exercise limit tiers and the expanded hedge (i) trading volume of at least 20 million shares (December 3, 1993), 58 FR 65204 (December 13, exemption to option classes which solely trade on during the most recent six month trading period; or 1993) (‘‘1993 Release’’). the Exchange and are not multiply traded. (ii) trading volume of at least 15 million shares 15 To be eligible for the 10,500 contract limit an Implementation of the proposed rule change for during the most recent six month trading period underlying security must have either (i) trading multiply traded option classes will be delayed until and at least 60 million shares currently outstanding. volume of at least 40 million shares during the most the Commission approves similar proposals by the All other options not meeting these requirements recent six month trading period; or (ii) trading other options exchanges or the Commission were subject to the 2,500 contract limits. volume of at least 30 million shares during the most otherwise determines that implementation is 13 See Securities Exchange Act Release No. 21907 recent six month trading period and at least 120 appropriate. See letter from Mary L. Bender, Senior (March 29, 1985), 50 FR 13440 (April 4, 1985) million shares currently outstanding. To be eligible Vice President, Division of Regulatory Services, (‘‘1985 Release’’). The 1985 Release created a three- for the 7,500 contract limit an underlying security CBOE, to Holly Smith, Associate Director, Division tiered system of position and exercise limits of must have either (i) trading volume of at least 20 of Market Regulation (‘‘Division’’), Office of Market 8,000, 5,500, and 3,000 contracts. To be eligible for million shares during the most recent six month Supervision (‘‘OMS’’), Commission, dated October the 8,000 contract limit an underlying security was trading period; or (ii) trading volume of at least 15 2, 1995 (‘‘Amendment No. 1’’). required to have had either (i) trading volume of at million shares during the most recent six month 8 Mini-manipulation is an attempt to influence, least 40 million shares during the most recent six trading period and at least 40 million shares over a relatively small range, the price movement month trading period; or (ii) trading volume of at currently outstanding. All other options not in a stock to benefit a previously established least 30 million shares during the most recent six meeting these requirements are subject to the 4,500 derivatives position. month trading period and at least 120 million contract limits. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54271 available statistics, as of June 30, 1995, sophisticated surveillance systems well as with broad public ownership, approximately 73 classes would qualify currently in place in the markets, any are more difficult to manipulate or for the 25,000 contract tier. Similarly, efforts to manipulate the market with disrupt than securities having less approximately 22 classes would satisfy large positions in options would be active and deep markets and having the requirements for the 20,000 contract readily detectable. In this light, the smaller public floats.22 The proposed tier, out of approximately 580 equity commenters believe that further additional position and exercise limit option classes currently listed on the increases in tier size are warranted. tiers recognize this by seeking to CBOE. In addition, the commenters stated minimize the restraints on those options In addition to the proposed 25,000 that any limitation on the ability of classes that can accommodate larger and 20,000 contract tiers, the CBOE is market participants to use options to limits without significantly increasing also proposing to expand the equity hedge their positions exposes manipulation concerns.23 In particular, hedge exemption in Rule 4.11, participants to unnecessary risk on the the proposed limit of 25,000 contracts Interpretation and Policy .04. Under this unhedged portion of their portfolios. In and 20,000 contracts for options on the proposal, the maximum allowable this regard, the commenters believe that most actively traded, widely held position, after exempting from the base the adoption of an uncapped hedge securities, permits the Commission to limit specified positions where the exemption (i.e., the ability to avoid placing unnecessary restraints on option contract is hedged by 100 shares accumulate an unlimited number of those options where the manipulative of stock or securities convertible into options contracts provided that such potential is the least and the need for stock, will be three times instead of contracts are properly hedged) is increased positions likely is the greatest. twice the standard or base limit appropriate.20 Accordingly, the Commission believes 16 that the additional position and exercise currently provided. IV. Discussion As set forth in greater detail in a limit tiers and the expanded equity recent report prepared by the Exchange The Commission finds that the hedge exemption is warranted. (‘‘Study’’),17 the CBOE has represented proposed rule changes are consistent The Commission believes that the that position and exercise limit tiers can with the requirements of the Act and the proposed additions to the CBOE’s be added and that the equity hedge rules and regulations thereunder position and exercise limit tiers and exemption can be expanded to the applicable to a national securities increased hedge exemption appear to be benefit of investors without increasing exchange, and, in particular, with the both appropriate and consistent with the potential for market disruption.18 requirements of Section 6(b)(5).21 the Commission’s gradual, evolutionary Specifically, the Commission believes approach. There are no ideal limits in III. Summary of Comments that the proposed addition of position the sense that options positions of any The Commission received two and exercise limit tiers of 25,000 given size can be stated conclusively to comment letters on the proposed rule contracts and 20,000 contracts for be free of any manipulative concerns. change.19 The commenters, in general, qualifying equity options, and the The Commission, however, is relying on expressed support for the proposed proposed expansion of the equity hedge the absence of discernible manipulation changes noting that there is a exemption to three times the standards problems under the current framework demonstrated need for the higher tiers or base limit will accommodate the as an indicator that the proposed and that the higher tiers and expanded needs of investors and market additional limit tiers and expanded hedge exemption will not increase participants. The Commission also hedge exemption is justified. market disruptions. Although believing believes that the proposed rule changes The Commission does not believe that that the proposals are a ‘‘good first step’’ will increase the potential depth and the addition of the two new higher limit in reducing the undue constraints liquidity of the equity options market as tiers and the expanded hedge exemption imposed by position limits, the well as the underlying cash market will have any adverse effects on the commenters state that further expansion without significantly increasing options markets. In approving the two- of position limits is required. concerns regarding intermarket tiered system in 1983, the Commission Specifically, the commenters note that manipulations or disruptions of the stated that it did not believe that the depth and liquidity of the markets market for the options or underlying requiring traders to keep track of two for many of the most highly capitalized securities. Accordingly, as discussed below, the rule proposal is consistent 22 The Commission notes that the quantitative and actively traded stocks support the options listing and maintenance standards require: allowance of large options positions and with the requirements of Section 6(b)(5) (1) A minimum of 7 and 6.3 million shares that increased levels will not raise that Exchange rules facilitate outstanding, respectively, which are owned by concerns about manipulation or transactions in securities while persons other than ‘‘insiders,’’ as defined in Section continuing to further investor protection 16 of the Act; (2) a minimum of 2,000 and 1,600 disruption of the market for the shareholders, respectively; (3) trading volume of at underlying stock. Moreover, the and the public interest. least 2.4 and 1.8 million shares, respectively, during commenters state that due to the In approving the increased limits, the the past twelve months; (4) for an original listing, Commission recognizes that securities the market price per share of the underlying security must have closed at or above $7.50 during 16 with active and deep trading markets, as The Commission notes that the proposed the majority of business days over the preceding increase in the maximum hedge exemption will three months; and (5) to maintain its listing, the apply to all position limit tiers, not just to the 20 The Commission notes that prior to the CBOE market price per share of the underlying security proposed 25,000 and 20,000 contract tiers. submitting its proposed rule change, the Exchange must have closed at or above $5 during the majority 17 See Letter from Mary Bender, Senior Vice received six letters from member firms supporting of business days over the preceding six months. See President, Division of Regulatory Services, CBOE, to an increase in the current position limit levels. CBOE Rule 5.4, Interpretation and Policy .01. Holly Smith, Associate Director, OMS, Division, Further, the CBOE received comments from 23 The Commission continues to believe that Commission, dated April 28, 1995 (market analysis member firm representatives and customers who proposals to increase position and exercise limits of increased limits and expanded hedge stated that they did not have adequate hedging must be justified and evaluated separately. After exemption). capabilities under the current position limit tiers. reviewing the proposed exercise limits, along with 18 See Securities Exchange Act Release No. 36124 Lastly, the CBOE received comment from money the eligibility criteria for the two new tiers, the (August 18, 1995), 60 FR 44524 (August 28, 1995) managers who believed that the current equity Commission has concluded that the proposed (notice of File No. SR–CBOE–95–42) (summarizing option position limits were too restrictive with exercise limit additions do not raise manipulation findings of Study). respect to the size of assets managed. problems or increase concerns over market 19 See supra note 6. 21 15 U.S.C. 78f(b)(5) (1988). disruption in the underlying securities. 54272 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices limits rather than one was burdensome could not exceed twice the established proposed rule change prior to the or confusing or would lead to accidental option position limit.28 thirtieth day after the date of violations.24 The Commission does not The Exchange currently proposes to publication of notice of filing thereof in believe that a change from the current increase the hedge exemption to three the Federal Register. Specifically, by three tiers to five tiers should change times the applicable position limits. limiting the implementation of the this conclusion. Similarly, as the According to the CBOE, as institutional increase in position and exercise limits Commission views the expansion of the accounts are unable to fully hedge their and the expanded hedge exemption to equity hedge exemption as consistent stock holdings due to the restrictive only qualifying non-multiply traded limits, investors are unnecessarily with its steady progression in this area, options, pending approval of similar forced to keep a portion of their the enactment of the proposed rule proposals by the other options markets, portfolio at risk. Amendment No. 1 will ensure that change should not prove difficult to The Commission believes that the implement or cumbersome to monitor. uniform position and exercise limits CBOE’s proposal to expand the hedge among the options exchanges will exist The Commission believes that exemption is an appropriate method to for all multiply traded classes. although position and exercise limits for accommodate the identified needs of 29 Accordingly, the Commission believes options must be sufficient to protect the options market participants. By that it is consistent with Section 6(b)(5) increasing the hedge exemption, the options and related markets from of the Act to approve Amendment No. Commission believes, large hedge funds disruptions by manipulations, the limits 1 to the proposal on an accelerated and institutional accounts will be must not be established at levels that are basis. so low as to discourage participation in provided with the means necessary to adequately hedge their stock holdings Interested persons are invited to the options market by institutions and submit written data, views, and other investors with substantial hedging without adding risk to the options market. arguments concerning Amendment No. needs or to prevent market makers from Lastly, the Commission notes that 1 to the rule proposal. Persons making adequately meeting their obligations to despite an appreciable growth in equity written submissions should file six maintain a fair and orderly market. In options trading and the sophisticated copies thereof with the Secretary, this regard, the CBOE has noted that and automated surveillance procedures Securities and Exchange Commission, customers and member firms view the employed by the Exchange, the last 450 Fifth Street NW., Washington, DC current position and exercise limits for change in position limits occurred in 20549. Copies of the submission, all certain options classes as too low. The 1993. Based on the CBOE’s experience, subsequent amendments, all written Commission believes that the CBOE’s the Commission believes that the statements with respect to the proposed proposal is a reasonable and proposed increased hedge exemption rule change that are filed with the appropriately tailored effort to and additional limit tiers should result Commission, and all written accommodate the identified needs of in little or no additional risk to the communications relating to the options market participants.25 In this marketplace.30 proposed rule change between the regard it is important to note that the As noted above, Amendment No. 1 Commission and any person, other than proposal only adds higher position and states that the CBOE will only initially those that may be withheld from the exercise limit tiers for classes of options implement the changes being approved public in accordance with the overlying the most liquid stocks. As a in this order for those classes of options provisions of 5 U.S.C. § 552, will be result, the proposal currently affects solely traded on the CBOE and that the available for inspection and copying at only 95 of the existing 580 classes of revised limits for multiply traded the Commission’s Public Reference equity options that are traded on the classes will only be effected uniformly Section, 450 Fifth Street NW., CBOE. on all the options exchanges at an Washington, DC 20549. Copies of such agreed upon date after Commission filing also will be available for In 1988, the Commission approved a approval of all necessary rule filing. The inspection and copying at the principal pilot program proposed by the CBOE Commission believes this approach is office of the CBOE. All submissions which provided exemptions from reasonable and balances the market should refer to File No. SR–CBOE–95– position limits for certain fully hedged need to expand position and exercise 42 and should be submitted by equity option positions.26 The pilot limits and the hedge exemption, while November 13, 1995. program created an exemption from continuing to ensure that uniform equity option position and exercise position and exercise limits will exist V. Conclusion limits for accounts that had established among the options exchanges for For the foregoing reasons, the one of the four most commonly used multiply traded classes.31 Commission finds that the CBOE’s hedged positions.27 Under this The Commission finds good cause to approve Amendment No. 1 to the proposal to add two position and exemption, the maximum position limit position and exercise limit tiers for (including the allowable exemptions) 28 In May 1995, after several extensions, the qualifying equity option classes and to Commission granted permanent approval to the expand the equity option hedge 24 In this regard, the Commission notes that the CBOE’s hedge exemption pilot program. See exemption, as well as to delay the CBOE routinely, and on a continuous basis, reviews Securities Exchange Release No. 35738 (May 18, implementation of the proposal for the trading characteristics of the underlying stocks 1995), 60 FR 27573 (May 24, 1995). to determine the appropriate position and exercise 29 See Study, supra note 17, at 4 and 6. multiply traded options classes, is limit tiers for the option classes. 30 The Commission notes that to the extent the consistent with the requirements of the 25 See Study, supra note 17, at 3, and Comment potential for manipulation increases because of the Act and the rules and regulations Letters, supra note 6. additional tiers and expanded hedge exemption, the thereunder. 26 See Securities Exchange Act Release No. 25738 Commission believes the Exchange’s surveillance (May 24, 1988), 53 FR 20201 (June 2, 1988) (‘‘Pilot programs will be adequate to detect as well as to It is therefore ordered, pursuant to Approval Order’’). deter attempted manipulative activity. The Section 19(b)(2) of the Act,32 that the 27 The four hedged positions are: (1) long stock Commission will, of course, continue to monitor the proposed rule change (SR–CBOE–95– and short call; (2) long stock and long put; (3) short Exchange’s surveillance programs to ensure that stock and long call; and (4) short stock and short problems do not arise. put. 31 See supra note 7. 32 15 U.S.C. 78s(b)(2) (1988). Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54273
42), including Amendment No. 1, is [Release No. 34±36370; File No. SR±PSE± the maximum number of trading posts approved. 95±11] that could be included as part of each For the Commission, by the Division of primary appointment zone would be Self-Regulatory Organizations; Pacific Market Regulation, pursuant to delegated increased from two to six. Second, the Stock Exchange, Inc.; Order Approving authority.33 Options Appointment Committee could Proposed Rule Change Relating to the Margaret H. McFarland, allow a market maker to exceed the six Number of Trading Posts That May Be trading post maximum if special Deputy Secretary. Included as Part of Each Market circumstances were to exist.6 [FR Doc. 95–26003 Filed 10–19–95; 8:45 am] Maker's Primary Appointment Zone BILLING CODE 8010±01±M III. Discussion October 13, 1995. The Commission finds that the I. Introduction proposed rule change is consistent with [Release No. 34±36372; File No. SR±DTC± On April 7, 1995, the Pacific Stock the requirements of the Act and the 94±10] Exchange, Inc. (‘‘PSE’’ or ‘‘Exchange’’) rules and regulations thereunder submitted to the Securities and applicable to a national securities Self-Regulatory Organizations; the Exchange Commission (‘‘Commission’’), exchange, and, in particular, the Depository Trust Company; Notice of pursuant to Section 19(b)(1) of the requirements of Section 6(b)(5) of the Withdrawal of a Proposed Rule Change Securities Exchange Act of 1934 Act 7 that the rules of an exchange be Regarding the Establishment of a Fee (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a designed to promote just and equitable Schedule for Certain Inter-Depository proposal to increase the number of principles of trade, to prevent Deliveries trading posts that may be included as fraudulent and manipulative acts, and, part of each market maker’s primary in general, to protect investors and the October 16, 1995. appointment zone. The proposed rule public. The Commission believes that On July 7, 1994, the Depository Trust change was published for comment in the Federal Register on June 16, 1995.3 increasing from two to six the maximum Company (‘‘DTC’’) filed with the number of contiguous trading posts that Securities and Exchange Commission No comments were received on the proposed rule change. may comprise an options market (‘‘Commission’’), pursuant to Section maker’s primary appointment zone is a 19(b)(1) of the Securities Exchange Act II. Description of the Proposal reasonable measure designed by the of 1934 (‘‘Act’’),1 a proposed rule PSE Rule 6.35 currently requires each Exchange to help ensure adequate change to establish a fee schedule for options market maker to select and market maker participation in each class certain inter-depository deliveries. maintain a primary appointment zone of options traded on the Exchange. The Notice of the proposed rule change was consisting of one or two trading posts.4 Exchange has stated that the effect of published in the Federal Register on Pursuant to Rule 6.35, Commentary .03, increasing the trading post maximum August 9, 1994.2 DTC subsequently at least 75% of the trading activity of will be to increase the maximum requested and the Commission granted each market maker (measured in terms number of issues a market maker could two extensions of the period for public of contract volume per quarter) must be have within his or her primary comment on the proposed rule change.3 in classes of option contracts to which appointment zone. Accordingly, out of a total of 366 options issues at PSE, the On October 11, 1995, DTC withdrew such market maker’s primary change potentially could result in the proposed rule change.4 appointment zone extends. In addition, under the short sale rule applicable to increases from 58 to 98 in appointed For the Commission by the Division of stocks traded in the Nasdaq market, the issues, representing an increase from Market Regulation, pursuant to delegated options market maker exemption to that 16% to 27% of the total number of authority.5 rule is limited to stocks underlying issues traded on the Exchange.8 Margaret H. McFarland, options in which a market maker holds The Commission believes that the Deputy Secretary. an appointment.5 PSE’s proposal will benefit the market and investors by increasing the potential [FR Doc. 95–26002 Filed 10–19–95; 8:45 am] The Exchange proposal seeks to amend Rule 6.35 in two respects. First, number of options classes to which the BILLING CODE 8010±01±M obligations of a market maker will 9 1 15 U.S.C. 78s(b)(1) (1988). apply. Although the Commission 2 17 CFR 240.19b–4 (1994). 3 See Securities Exchange Act Release No. 35836 6 See Discussion below (June 9, 1995), 60 FR 31751. 7 15 U.S.C. 78f(b)(5) (1988). 4 PSE Rule 6.35 requires multiple posts to be 8 See Facsimile from Michael D. Pierson, Senior contiguous, except under special circumstances. Attorney, Market Regulation, PSE, to Francois 33 17 CFR 200.30–3(a)(12) (1994). 5 The NASD short sale rule prohibits broker- Mazur, Attorney, Office of Market Supervision, 1 15 U.S.C. § 78s(b)(1) (1988). dealers from effecting short sales for themselves or Division of Market Regulation, Commission, dated September 12, 1995. In comparison, out of a total 2 Securities Exchange Act Release No. 34480 their customers at or below the ‘‘bid’’ when the of 644 classes of options at the CBOE, there are a (August 2, 1994), 59 FR 40630. current ‘‘inside’’ or best price is below the previous inside bid. See NASD Rules of Fair Practice, Art. maximum of 241 classes of options in which a 3 Securities Exchange Act Release Nos. 34594 III, § 48. The PSE’s market maker exemption to the CBOE market maker may hold an appointment, (August 25, 1994), 59 FR 45317 [File No. SR–DTC– short sale rule allows options market makers to representing 37% of the total number of options 94–10] (order extending comment period until hedge options positions in their primary classes traded at the CBOE. Securities Exchange Act September 30, 1994); and 34828 (October 12, 1994), appointment zone by buying or selling (including Release No. 35629 (April 19, 1995), 60 FR 20542. 59 FR 52849 [File No. SR–DTC–94–10] (order selling short) shares of underlying stocks or 9 For example, PSE Rule 6.37 requires generally extending comment period until November 15, underlying component stocks contained in stock that a market maker’s transactions constitute a 1994). indexes. Such an ‘‘exempt hedge transaction’’ is course of dealing reasonably calculated to defined by the Exchange as a short sale effected to contribute to the maintenance of a fair and orderly 4 Letter from Richard B. Nesson, Executive Vice hedge, and which in fact serves to hedge, an market. Specific requirements include engaging in President and General Counsel, DTC, to Jerry existing offsetting options position or an offsetting dealings for the market maker’s own account when Carpenter, Assistant Director, Division of Market options position that was created in one or more there exists, or it is reasonably anticipated that Regulation, Commission, (October 11, 1995). transactions contemporaneous with the short sale. there will exist, a lack of price continuity, a 5 17 CFR 200.30–3(a)(12) (1994). See PSE Rule 4.19. Continued 54274 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
recognizes that the proposal could result making obligations. Moreover, the 1995, the Phlx submitted to the in increasing a market maker’s Commission expects that any expansion Commission Amendment No. 2 to its appointed options classes, the PSE is in the trading post maximum would be proposed rule change.5 On August 7, under an obligation to ensure that temporary as market needs warrant.12 1995, the Phlx submitted to the adequate market making capabilities Commission Amendment No. 3 to its IV. Conclusion and obligations will continue to exist in proposed rule change.6 On October 12, such classes. In this regard, the It is therefore ordered, pursuant to 1995, the Phlx submitted to the Commission expects the PSE to assess Section 19(b)(2) of the Act,13 that the Commission Amendment Nos. 4 and 5 whether market makers have adequate proposed rule change (SR–PSE–95–11) to its proposed rule change.7 No capital to fulfill their continual market is approved. making obligations under PSE Rule 6.37 For the Commission, by the Division of new starting value of 350 as of May 31, 1995. in all their appointed classes. Further, Market Regulation, pursuant to delegated Finally, the Phlx proposes to list LEAPs on the authority.14 Super Cap Index pursuant to Phlx Rule the in-person and general trading 1101A(b)(iii). See Letter from Michele Weisbaum, requirements applicable to market Margaret H. McFarland, Associate General Counsel, Phlx, to John Ayanian, makers under PSE Rule 6.37 10 should Deputy Secretary. Attorney, Office of Market Supervision (‘‘OMS’’), continue to ensure that market making [FR Doc. 95–26000 Filed 10–19–95; 8:45 am] Division of Market Regulation (‘‘Market 11 Regulation’’), Commission, dated June 23, 1995 is adequate in all appointed classes. BILLING CODE 8010±01±M (‘‘Amendment No. 1’’). The Commission also believes that 5 The Phlx submitted Amendment No. 2 to its there may be circumstances in which it proposed rule change to withdraw the proposed would be appropriate for the Options [Release No. 34±36369; File No. SR±Phlx± amendment to Phlx Rule 1006A. See Letter from 95±22] Michele Weisbaum, Associate General Counsel, Appointment Committee to allow a Phlx, to John Ayanian, Attorney, OMS, Market market maker to exceed the six trading Self-Regulatory Organizations; Order Regulation, Commission, dated July 24, 1995 post maximum. Before allowing a (‘‘Amendment No. 2’’). Approving Proposed Rule Change and 6 The Phlx submitted Amendment No. 3 to its market maker to exceed the six trading Notice of Filing and Order Granting post maximum, however, the proposed rule change to indicate that at all times, Accelerated Approval of Amendment the 5 components of the Index must be options Commission expects the Options No. 1, 2, 3, 4 and 5 to the Proposed eligible. Therefore, the Index will be composed of the top 5 options eligible common stocks of U.S. Appointment Committee to make a Rule Change by the Philadelphia Stock specific finding that special Companies, measured by capitalization traded on Exchange, Inc., Relating to the Listing the NYSE. The Phlx also indicated that it will circumstances exist. In determining the and Trading of Options on the Phlx evaluate the Index on a semi-annual basis to ensure existence of special circumstances, the Super Cap Index that it is an accurate representation of the intended Options Appointment Committee market character of the Index. If any components would need to be removed pursuant to these should identify the need to expand the October 13, 1995. requirements, the Exchange will immediately notify trading post maximum, and consider, I. Introduction the staff of the Division of Market Regulation and among other things, whether there will file a new Rule 19b–4 submission if so continues to exist sufficient liquidity in On April 10, 1995, the Philadelphia determined by the Division staff prior to opening any new series of options. Additionally, the that market maker’s existing Stock Exchange, Inc. (‘‘Phlx’’ or Exchange proposes to immediately replace any appointments, and whether that market ‘‘Exchange’’) filed a proposed rule component that drops out of the top 10 highest maker will continue to have adequate change with the Securities and capitalized stocks on the NYSE, without waiting for Exchange Commission (‘‘SEC’’ or the next semi-annual review. The Exchange also capital to fulfill his or her market proposes to notify the Division staff if, at any time, ‘‘Commission’’), pursuant to Section any one component issue represents 50% or more temporary disparity between the supply of and 19(b)(1) of the Securities Exchange Act of the Index. See Letter from Michele Weisbaum, demand for a particular option contract, or a of 1934 (‘‘Act’’) 1 and Rule 19b–4 Associate General Counsel, Phlx, to John Ayanian, temporary distortion of the price relationship 2 Attorney, OMS, Market Regulation, Commission, between option contracts of the same class. Other thereunder, to provide for the listing dated August 7, 1995 (‘‘Amendment No. 3’’). requirements include maintaining certain minimum and trading of index options on the Phlx 7 The Phlx submitted Amendment No. 4 to its bid/ask differentials, and providing for maximum Super Cap Index (‘‘Super Cap Index’’ or proposed rule change to indicate that pursuant to allowable bid and offer changes. The Commission ‘‘Index’’). proposed amendment to Phlx Rule 1047A, the notes that increasing the number of trading posts opening rotation for Super Cap Index options may that may comprise a market maker’s primary Notice of the proposal was published be held after underlying securities representing appointment zone does not in any way lessen a for comment and appeared in the 75% of the current index value of all the securities market maker’s obligation to make a market. Federal Register on May 16, 1995.3 On underlying the index have opened for trading on PSE Rule 6.35 will continue to require that a June 23, 1995, the Phlx submitted to the the primary market. See Letter from Michele market maker’s primary appointment zone consist Weisbaum, Associate General Counsel, Phlx, to Commission Amendment No. 1 to its John Ayanian, Attorney, OMS, Market Regulation, of contiguous posts, unless special circumstances 4 exist and the Options Appointment Committee proposed rule change. On July 24, Commission, dated October 12, 1995 (‘‘Amendment appoints non-contiguous posts. No. 4’’). 10 PSE Rule 6.37, Commentary .07 generally 12 The Commission understands that the Options Additionally, the Phlx submitted Amendment requires that at least 60% of a market maker’s Floor Trading Committee will examine the No. 5 to its proposed rule change to delete the reference to the Super Cap Index in proposed transactions be executed by the market maker in- appropriateness of any further changes to this rule amended Phlx Rule 1101A, Commentary .01. The person, while present on the options trading floor, in the near future. Telephone Conversation between Phlx represents that it will include the proper and provides sanctions for failing to meet this Michael, D. Pierson, Senior Attorney, Market reference to the Super Cap Index when it files requirement. Moreover, PSE Rule 6.32, Commentary Regulation, PSE, and Francois Mazur, Attorney, Office of Market Supervision, Division of Market proposal SR–Phlx–95–37 with the Commission. .02 allows market makers to elect to receive market Specifically, the Phlx will propose to amend Phlx Regulation, Commission, on October 12, 1995. maker treatment for off-floor opening transactions if Rule 1101A, Commentary .01 to indicate that the market maker, in addition to satisfying all of the 13 15 U.S.C. 78s(b)(2) (1988). transactions may be effected until 4:15 p.m. each other existing obligations imposed on market 14 17 CFR 200.30–3(a)(12) (1994). business day through the last trading day makers, executes at least 80% of his or her total (ordinarily a Thursday) prior to expiration for Super transactions for any calendar quarter in-person and 1 15 U.S.C. 78s(b)(1). 2 Cap Index options, as well as other a.m. settled not through the use of orders. See Securities 17 CFR 240.19b–4. index options. The Exchange further represents that Exchange Act Releases No. 34338 (July 8, 1994), 59 3 See Securities Exchange Act Release No. 35699 it will issue a circular to Phlx members disclosing FR 35965. (May 10, 1995), 60 FR 26065. this information. See Letter from Michele 11 The Commission notes that any further changes 4 The Phlx submitted Amendment No. 1 to its Weisbaum, Associate General Counsel, Phlx, to to this rule may warrant the development of proposed rule change to replace Walmart with John Ayanian, Attorney, OMS, Market Regulation, additional standards to ensure adequate market Philip Morris as one of the component issues of the Commission, dated October 12, 1995 (‘‘Amendment making performance. Super Cap Index. The Phlx also proposes to set a No. 5’’). Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54275 comment letters were received on the daily trading volume in the U.S. of the trading in the revised index could proposed rule change. This order stocks in the Index, for the six-month commence.14 approves the Exchange’s proposal, as period from January 1, 1995 to June 30, The Phlx will evaluate the Index on amended. 1995, ranged from a high of 2.4 million a semi-annual basis to ensure that it is an accurate representation of the five II. Description of the Proposal shares per day (AT&T Corp.) to a low of 1.2 million shares per day (Exxon largest options eligible stocks, measured A. General Corporation). Lastly, no one component by capitalization, traded on the NYSE. The Phlx proposes to list for trading accounted for more than 24.15% Public notice of any changes will be options on the Phlx Super Cap Index, a (General Electric Companies), or less made immediately and the Phlx will new securities index developed by the than 15.13% (Philip Morris Companies), then make any substitutions, if Phlx and based on the top five of the Index’s total value.11 necessary, of the component issues of the Index on the first business day after capitalized, options eligible U.S. stocks C. Maintenance traded on the New York Stock Exchange the January and July expirations for the Super Cap Index options. If any (‘‘NYSE’’). The Phlx further proposes to The Phlx has retained Bridge Data, components would have to be changed amend Phlx Rules 1000A, Applicability Inc. to compute and do all necessary because a component issue was no and Definitions; 1001A, Position Limits; maintenance of the Index. The Phlx may longer options-eligible, the Exchange 1047A, Trading Rotations, Halts or change the composition of the Index at proposes to immediately notify the Reopenings; 1101A, Terms of Option any time, subject to compliance with the Contracts; and 722, Margin Accounts, to Commission’s Division of Market maintenance criteria discussed herein, Regulation (‘‘Division’’) and will file a include references to this proposed to reflect the 5 largest options eligible Index. The Phlx will use a new Rule 19b–4 submission prior to stocks, by capitalization, listed on the opening any new series of options, if so capitalization-weighted methodology to NYSE. In accordance with Phlx Rule calculate the value of the Index.8 required by the Division staff. Further, 1009A, if it becomes necessary to if at any time during the year, a B. Composition of the Index replace a security in the Index, the component issue of the Index drops out Exchange represents that it will be of the top 10 highest capitalized stocks The Index was designed by the replaced with a stock which reflects the Exchange and is composed of the 5 most on the NYSE, the Exchange will not intended market character of the wait for the next semi-annual review to highly capitalized, standardized 12 Index. If any change in the nature of replace it.15 options-eligible common stocks of U.S. any stock in the Index occurs as a result companies currently trading on the of delisting, merger, acquisition or D. Applicability of Phlx Rules Regarding 9 All component stocks are NYSE. otherwise, the Exchange will take Index Options ‘‘reported securities,’’ as that term is appropriate steps to delete that stock 16 defined in Rule 11Aa3–1 of the Act.10 Except as modified by this order, from the Index and replace it with As of May 31, 1995, the market Phlx Rules 1000A through 1103A, and capitalizations of the individual another stock which is in the top five, Phlx Rules 1000 through 1070, in securities in the Index ranged from a as measured by capitalization, of general, will be applicable to Super Cap high of $98.2 billion (General Electric options eligible issues traded on the Index options. Those rules address, Company) to a low of $61.6 billion NYSE at the time the PHlx makes the among other things, the applicable (Philip Morris Companies Inc.), with the substitution. The Exchange represents position and exercise limits, policies mean being $81.4 billion. The market that all of the stocks comprising the regarding trading halts and suspensions, capitalization of all the securities in the Index are options eligible and have restrictions on exercise, and margin 13 Index was $406.9 billion. The total overlying options currently trading. If treatment for the Super Cap Index number of shares outstanding on that the Exchange determines to increase or options. decrease the number of component date for the stocks in the Index ranged E. Calculation of the Index from a high of 1.7 billion shares issues, the Exchange will submit a new The Phlx Super Cap Index will be (General Electric Company) to a low of proposed rule change pursuant to calculated using a capitalization- 844 million shares (Philip Morris Section 19(b) of the Act and that weighting methodology. The Companies Inc.). Also on that date, the proposal would have to be specifically representation of each security in the price per share in the U.S. of the approved by the Commission before any Index will be proportional to the securities in the Index ranged from a 11 security’s last sale price multiplied by high of $72.88 (Philip Morris The weightings of all 5 components of the Companies Inc.) to a low of $50.75 Super Cap Index as of May 31, 1995 are as follows: the total number of shares outstanding, General Electric Company—24.15%; Exxon (AT&T Corp.). In addition, the average in relation to the total market value of Corporation—21.79%; AT&T Corp.—19.74%; Coca- all of the securities in the Index. The Cola Company—19.20%, and Philip Morris 8 See Infra Section II.E, entitled ‘‘Calculation of Companies Inc.—15.13%. value of the Index was set to equal 350 17 Index,’’ for a description of this calculation method. 12 The Exchange represents that any future on May 31, 1995. As of August 1, 9 Currently, the components of the Index are: replacement component securities will be in the top 1995, the Index value was 357.72. The General Electric Company; Exxon Corporation; five, as measured by capitalization, of options formula for calculating the Index value AT&T Corp.; Coca-Cola Company; and Philip eligible issues traded on the NYSE at the time the is as follows: Morris Companies Inc. Phlx makes the substitution. 10 See 17 CFR 240.11Aa3–1. A ‘‘reported 13 The Phlx’s options listing standards, which are security’’ is defined in paragraph (a)(4) of this rule uniform among the options exchanges, provide that as ‘‘any listed equity security or NASDAQ security a security underlying an option must, among other Current Index = Total Capitalization for which transaction reports are required to be things, meet the following requirements: (1) The Value made on a real-time basis pursuant to an effective public float must be at least 7,000,000 shares; (2) Divisor transaction reporting plan.’’ A ‘‘transaction there must be a minimum of 2,000 stockholders; (3) Where: reporting plan’’ is defined in paragraph (a)(2) of this trading volume in the U.S. must have been at least rule as ‘‘any plan for collecting, processing, making 2.4 million over the preceding twelve months; and 14 available or disseminating transaction reports with (4) the U.S. market price must have been at least See infra note 30. respect to transactions in reported securities filed $7.50 for a majority of the business days during the 15 See Amendment No. 3, supra note 6. with the Commission pursuant to, and meeting the preceding three calendar months. See Phlx Rule 16 See infra Section II,G. requirements of, this section.’’ 1009, Commentary .01. 17 See Amendment No. 1, supra note 4. 54276 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
Total Capitalization=Sum of Market any case where that security does not limits, and trading rotation, halt, or Values (price×shares outstanding) trade on that day. reopening procedures.25 for all component securities Specifically, pursuant to proposed F. Contract Specifications Divisor=The number which, when amendments to Phlx Rules 1001A and divided from the total capitalization The proposed options on the Index 1002A, respectively, the position and exercise limits for the Index options will when the Index was initially will be cash-settled, European-style be 5,500 contracts on the same side of calculated (on May 31, 1995), options.19 The Super Cap Index options the market. The Super Cap Index will yielded an Index value of 350. will trade from 9:30 a.m. to 4:15 p.m. not have available a position limit hedge To maintain the continuity of the 20 eastern time. The Index multiplier exemption. Additionally, Super Cap Index, the divisor will be adjusted to will be 100. Strike prices will be set at Index option positions will not be reflect non-market changes in the five point intervals in terms of the aggregated with equity option positions capitalization of the component 21 current value of the Index. on the same underlying component securities as well as changes in the The Phlx will trade consecutive and stocks for the purpose of calculating composition of the Index. Changes that cycle month series pursuant to Phlx position limits. may result in divisor adjustments Rule 1101A. Specifically, there will be include, but are not limited to, stock H. Surveillance three expiration months from March, splits and dividends, spin-offs, certain The Exchange will use the same rights issuances, and mergers and June, and December cycle plus two additional near-term months so that the surveillance procedures currently acquisitions. The formula for adjusting utilized for each of the Exchange’s other the divisor is as follows: three nearest term months will always be available. In addition, pursuant to index options to monitor trading in the Super Cap Index options. These Total Capitalization and in accordance with Phlx Rule 1101A(b)(iii), the Exchange will list and procedures include complete access to (as result of adjustment) trading activity in the underlying Divisor = trade series of LEAPs on the Index.22 Index Value securities. Further, the Intermarket Index options will expire on the Adjustments in the value of the Index Surveillance Group Agreement, dated Saturday following the third Friday of July 14, 1983, as amended on January which are necessitated by the addition the expiration month. Because options and/or deletion of an issue from the 29, 1990, will be applicable to the on the Index will settle based upon the trading of options on the Index.26 Index are made by adding and/or opening prices of the component stocks subtracting the market value of the on the last business day before III. Commission Finding and relevant issues. expiration (ordinarily a Friday), the last Conclusions The Super Cap Index will be updated trading day for an expiring Index option The Commission finds that the dynamically at least once every 15 series will be the second to the last proposed rule change is consistent with seconds during the trading day.18 The business day before expiration Phlx has retained Bridge Data, Inc. to 25 (ordinarily a Thursday). Pursuant to proposed amendment to Phlx Rule compute the value of the Index. 1047A, the opening rotation for industry index Pursuant to Phlx Rule 1100A, updated G. Position and Exercise Limits, Margin options and Super Cap Index options may be held Index values will be disseminated and after underlying securities representing 75% of the Requirements, and Trading Rotations, current index value of all the securities underlying displayed by means of primary market Halts or Reopenings the index have opened for trading on the primary prints reported by the Consolidated market. Once the underlying securities representing Tape Association and over the facilities Because the Super Cap Index is not 90% of the current index value of all the securities of the Options Price Reporting classified as either an ‘‘industry index’’ underlying the index have opened for trading on the primary market, the opening rotation must be Authority (‘‘OPRA’’). The Index value or a ‘‘market index’’ under Phlx rules, held as soon as practicable. Additionally, trading on will also be available on broker/dealer the Exchange proposes new rules that the Phlx of Index options may be halted whenever interrogation devices to subscribers of specifically address the Super Cap trading in underlying securities whose weighted the option information. Index.23 The Exchange proposes value represents more than 10% of the Index value are halted or suspended. See Amendment No. 4, The Index value for purposes of amendments to rules governing margin supra note 7. 24 settling outstanding Index options requirements, position and exercise 26 The Intermarket Surveillance Group (‘‘ISG’’) contracts upon expiration will be was formed on July 14, 1983 to, among other things, calculated based upon the regular way 19 A European-style option can be exercised only coordinate more effectively surveillance and during a specified period before the option expires. investigative information sharing arrangements in opening sale prices for each of the the stock and options markets. See Intermarket 20 Transactions in the Super Cap Index option Index’s component stocks on the last Surveillance Group Agreement, July 14, 1983. The may be effected on the Exchange until 4:15 p.m. most recent amendment to the ISG Agreement, trading day prior to expiration. Once all each business day and through the last trading day which incorporates the original agreement and all of the component stocks have opened, (ordinarily a Thursday) prior to expiration. See amendments made thereafter, was signed by ISG Amendment No. 5, supra note 7. the value of the Index will be members on January 29, 1990. See Second 21 determined and that value will be used Additional exercise prices will be added in Amendment to the Intermarket Surveillance Group as the final settlement value for expiring accordance with Phlx Rule 1101A(a). Agreement, January 29, 1990. The members of the 22 See Amendment No. 1, supra note 4. Index option contracts. If any ISG are: the American Stock Exchange; the Boston 23 See Phlx Rule 1000A(11). Stock Exchange, Inc.; the Chicago Board Options component stocks do not open for 24 Pursuant to the proposed amendment to Phlx Exchange, Inc.; the Chicago Stock Exchange, Inc.; trading on the last trading day before Rule 722, the margin requirements for the Index the National Association of the Securities Dealers, expiration, then the last reported sale options will be: (1) For short options positions, Inc.; the NYSE; the Pacific Stock Exchange, Inc.; price of such security will be used in 100% of the current market value of the options and the Phlx. Because of the potential opportunities contract plus 20% of the underlying aggregate Index for trading abuses involving stock index futures, value, less any out-of-the-money amount, with a stock options, and the underlying stock and the 18 To the extent that a component stock does not minimum requirement of the options premium plus need for greater sharing of surveillance information open for trading on a particular trading day, or 10% of the underlying Index value; and (2) for long for these potential intermarket trading abuses, the trading in that component stock is halted during the options positions, 100% of the options premium major stock index futures exchanges (e.g., the course of a particular trading day, the last reported paid. These margin requirements are identical to Chicago Mercantile Exchange and the Chicago sale price of such security will be used for purposes industry index, and equity options margin Board of Trade) joined the ISG as affiliate members of calculating the current Index value. requirements. in 1990. Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54277 the requirements of the Act and the Index. Every component security of the same regulatory regime as the other rules and regulations thereunder Index is actively traded, with an average standardized options currently traded applicable to a national securities daily volume for the period from on the Phlx, the Commission believes exchange, and, in particular, the January 1, 1995 to June 30, 1995, ranged that adequate safeguards are in place to requirements of Section 6(b)(5) of the from a high of 2.4 million shares per day ensure the protection of investors in Act.27 Specifically, the Commission to a low of 1.2 million shares per day. Super Cap Index options. finds that the trading of Super Cap The market capitalizations of the C. Surveillance Index options will serve to promote the securities in the Index are very large, public interest and help to remove ranging from a high of $93.8 billion to The Commission believes that a impediments to a free and open a low of $59.7 billion as of April 5, surveillance sharing agreement between securities market by providing investors 1995, with the mean being $78.7 billion. an exchange proposing to list a security with a means of hedging exposure to Second, although the Index is only index derivative product and the market risk associated with securities comprised of five component securities, exchange(s) trading the securities representing the most highly capitalized no on particular security dominates the underlying the derivative product is an companies.28 Index. Specifically, as of May 31, 1995, important measure for surveillance of no one stock accounted for more than the derivative and underlying securities A. Index Design and Structure 24.15% of the Index’s total markets. Such agreements ensure the The Commission believes that it is capitalization. Third, every component availability of information necessary to appropriate to allow the Phlx to trade of the Index must, at all times, be detect and deter potential options based on the Super Cap Index, eligible for standardized options manipulations and other trading abuses, which is comprised of the top five trading. Fourth, the five securities are thereby making the security index capitalized, options-eligible issues derived from different industry sectors. product less readily susceptible to traded on the NYSE. The Commission Fifth, if the Phlx desires to increase or manipulation.31 In this regard, the Phlx, recognizes, however, that the Super Cap decrease the number of component and the NYSE, which is the primary Index does not properly qualify as either securities from five, the Phlx will be market for all of the stocks comprising as market or industry index. The Super required to seek Commission approval the Index, as well as the markets Cap Index consists of a very small pursuant to Section 19(b)(2) of the currently trading individual equity number of stocks, and therefore does not Act.30 This will help protect against options on the components, are all qualify as a broad-based market index. material changes in the composition and members of the ISG, which provides for Moreover, it does not represent any design of the Index that might adversely the exchange of all necessary particular industry sector. In addition, affect the Phlx’s obligations to protect surveillance information.32 as discussed in greater detail below, the investors and to maintain fair and D. Market Impact small number of the index components orderly markets in Index options. raises concerns that the Index would be Finally, the Index is comprised, and in The Commission believes that the used as a surrogate for individual equity the future may only be comprised, of listing and trading on the Phlx of options trading. This raises questions as stocks listed and traded on the NYSE. options on the Super Cap Index will not to whether the Super Cap Index should This requirement will help to ensure have an adverse impact on the 33 trade at all as an index product. that each component of the Index is a underlying securities markets. First, as Nevertheless, for the reasons discussed registered security subject to last sale described above, no security in more detail below, the Commission reporting requirements in the United overwhelmingly dominates the Index. believes the Phlx has proposed a States and will further reduce the Second, because all five components of reasonable approach that specifically potential for manipulation of the value the Index must meet the Exchange’s designates the Super Cap Index as of the Index. options listing standards, it will help to eligible for options trading and that ensure that the component securities applies specific rules applicable to the B. Customer Protection will remain liquid and actively traded Index options covering margin, position The Commission believes that a and the Index will not be used as a and exercise limits, trading rotations, regulatory system designed to protect surrogate to trade options on a security halts, and reopenings, and trading public customers must be in place not eligible for options trading. hours.29 before the trading of sophisticated Third, the five components of the First, the extremely large financial instruments, such as Super Index are the five most highly- capitalizations, very liquid markets, and Cap Index options, can commence on a capitalized, and five of the most relative weighings of the Index’s national securities exchange. The actively-traded U.S. exchange listed component securities helps to reduce Commission notes that the trading of securities. Specifically, as noted above, the potential for manipulation of the standardized exchange-traded options the market capitalizations of the occurs in an environment that is individual securities in the Index, as of 27 15 U.S.C. 78f(b)(5). designed to ensure, among other things, May 31, 1995, ranged from a high of 28 Pursuant to Section 6(b)(5) of the Act, the that: (1) The special risks of options are Commission must predicate approval of any new disclosed to public customers; (2) only 31 See Securities Exchange Act Release No. 31243 option proposal upon a finding that the (September 28, 1992), 57 FR 45849 (October 5, introduction of such new derivative instrument that investors capable of evaluating and 1992). served no hedging or other economic function, bearing the risks of options trading are 32 See supra note 26. because any benefits that might be derived by engaged in such trading; and (3) special 33 In addition, the Phlx has represented that the market participants likely would be outweighed by compliance procedures are applicable to Phlx and OPRA have the necessary systems the potential for manipulation, diminished public options accounts. Accordingly, because capacity to support those new series of index confidence in the integrity of the markets, and other options that would result from the introduction of valid regulatory concerns. In this regard, the trading the Index options will be subject to the options on the Super Cap Index. See Letter from of listed Index options will provide investors with William H. Morgan, Vice President, Trading a hedging vehicle that should reflect the overall 30 The Commission notes that if an exchange Systems, Phlx, to Michael Walinskas, Branch Chief, movement of stocks representing the 5 largest should propose to list and trade an index with OMS, Market Regulation, Commission, dated issues, as measured by capitalization, that are listed fewer than five equity stocks, it would be difficult August 22, 1995; and Letter from Joseph P. on the NYSE. for the Commission to allow it to be trade as an Corrigan, Executive Director, OPRA, to Murray 29 See supra Sections II.F and II.G. index product pursuant to SRO index option rules. Ross, Secretary, Phlx, dated August 17, 1995. 54278 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices
$98.2 billion to a low of $61.6 billion. Commission believes that this proposed and Exercises.’’ The Commission Additionally, the total number of shares margin requirement is appropriate for recently approved a proposed rule outstanding on that date for the stocks an index of only five securities. change by the Phlx to delete restrictions in the Index ranged from a high of 1.7 Lastly, the Commission believes that on exercise respecting specific billion shares to a low of 844 million settling expiring Super Cap Index European-style index options, because a shares. Also on that date, the price per options based on the opening prices of European-style option can be exercised share in the U.S. of the securities in the component securities is consistent with only during a specific period before the Index ranged from a high of $72.88 to the Act. As noted in other contexts, option expires. Accordingly, the a low of $50.75. In addition, the average valuing options for exercise settlement Commission believes that it is daily trading volume in the U.S. of the on expiration based on opening prices consistent with Sections 6(b)(5) and stocks in the Index, for the six-month rather than closing prices may help 19(b)(2) of the Act to approve period from January 1, 1995 to June 30, reduce the ‘‘Expiration Friday’’ effects Amendment No. 2 to the Phlx proposal 1995, ranged from a high of 2.4 million on markets for securities underlying on an accelerated basis. options on the Index.35 shares per day, to a low of 1.2 million G. Accelerated Approval of Amendment shares per day. As a result, the E. Accelerated Approval of Amendment No. 3 component securities of the Index No. 1 represent the absolute highest levels of The Commission finds good cause for market capitalization and liquidity of The Commission finds good cause for approving Amendment No. 3 to the companies listed on any U.S. exchange. approving Amendment No. 1 to the proposed rule change prior to the Fourth, the 5,500 contract position proposed rule change prior to the thirtieth day after the date of and exercise limits applicable to the thirtieth day after the date of publication of the notice thereof in the Index options and the lack of a hedge publication of the notice thereof in the Federal Register. Specifically, the Phlx exemption will serve to further Federal Register. Specifically, proposes to amend the composition of minimize potential manipulation and Amendment No. 1 proposes to allow the the Index so that it will be comprised of market impact concerns. Additionally, Phlx to (1) Replace Walmart with Philip the 5 most highly capitalized, options- unlike position and exercise limits for Morris as one of the component issues eligible common stocks of U.S. industry index options which currently of the Super Cap Index; (2) set a new companies listed on the NYSE fluctuate depending on concentration starting value of 350 for the Super Cap (emphasis added). Additionally, the levels and trading volume of the Index as of May 31, 1995; and (3) list Phlx will evaluate the Index to ensure underlying component securities, the LEAPs on the Index pursuant to Phlx that it accurately represents the Super Cap Index position and exercise Rule 1101A(b)(iii). The Commission intended market character of the Index limits will remain set at the 5,500 notes that the Index does not yet on a semi-annual basis, rather than contract level under Phlx rules.34 The underlie any options trading, therefore annually, as originally proposed. If any Commission believes that setting the replacing a component issue to conform components would have to be changed position and exercise limits relatively with the intended market character of because a component issue was no low for an index composed of such the Index, and the setting of a new longer options eligible, the Exchange proposes to immediately notify the highly capitalized stocks and starting value for the Index does not Division of Market Regulation and will eliminating the hedge exemption should raise any new regulatory issues. The file, pursuant to Section 19(b) of the help to alleviate concerns that the Index Commission also notes that because Act, a submission prior to opening any would be used by market participants to Phlx Rule 1101A(b)(iii) generally new series of options, if so required by exceed the equity position limits for permits the Exchange to list series of the Division staff. Further, if at any time individual equity options on the LEAPS on stock indexes, the during the year, a component issue of component securities. Commission finds that the portion of the Index drops out of the top 10 highest The Commission believes that it is Amendment No. 1 relating to the listing capitalized stocks on the NYSE, the appropriate that margin requirements of series of LEAPs on the Index presents Exchange will not wait for the next for the Super Cap Index options will be: no new regulatory issues. Accordingly, semi-annual review to replace it. The (1) For short options positions, 100% of the Commission believes that it is Commission notes that Amendment No. the current market value of the options consistent with Sections 6(b)(5) and 3 does not raise any new regulatory contract plus 20% of the underlying 19(b)(2) of the Act to approve issues and actually improves the aggregate Index value, less any out-of- Amendment No. 1 to the Phlx proposal procedures for maintaining the Index. the-money amount, with a minimum on an accelerated basis. Accordingly, the Commission believes requirement of the options premium F. Accelerated Approval of Amendment that it is consistent with Sections 6(b)(5) plus 10% of the underlying Index value; No. 2 and 19(b)(2) of the Act to approve and (2) for long options positions, 100% Amendment No. 3 to the Phlx proposal of the options premium paid, as The Commission finds good cause for on an accelerated basis. proposed in amended Phlx Rule 722— approving Amendment No. 2 to the ‘‘Margin Accounts.’’ This margin proposed rule change prior to the H. Accelerated Approval of Amendment requirement is the same as applied to thirtieth day after the date of No. 4 publication of the notice thereof in the both industry index options and The Commission finds good cause for individual equity options. The Federal Register. Specifically, Amendment No. 2 to the proposed rule approving Amendment No. 4 to the proposed rule change prior to the 34 See Securities Exchange Act Release No. 36194 change withdraws the proposed (September 6, 1995), 60 FR 47637 (September 13, amendment that included reference to thirtieth day after the date of 1995) (order approving new three-tiered position Super Cap Index options (a European- publication of the notice thereof in the and exercise limits for industry index options. See style option) in Rule 1006A, ‘‘Other Federal Register. Specifically, the Phlx also SR–Phlx–95–16. Any proposed increase in the proposes to amend Phlx Rule 1047A, to position and exercise limits for Super Cap Index Restrictions on Options Transactions options would have to be submitted as a proposed indicate that the opening rotation Super rule change under Section 19(b) of the Act and 35 See Securities Exchange Act Release No. 30944 Cap Index options may be held after specifically approved by the Commission. (July 21, 1992), 57 FR 33376 (July 28, 1992). underlying securities representing 75%, Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54279 rather than 50%, of the current index public in accordance with the may be granted and/or permitted to value of all the securities underlying the provisions of 5 U.S.C. § 552, will be become effective. index have opened for trading on the available for inspection and copying at General Public Utilities Corporation primary market. The Commission notes the Commission’s Public Reference (70–8695) that Amendment No. 4 does not raise Section, 450 Fifth Street, N.W., any new regulatory issues and ensures Washington, D.C. 20549. Copies of such General Public Utilities Corporation that at least a majority of the 5 filing will also be available for (‘‘GPU’’), 100 Interpace Parkway, components will be open for trading inspection and copying at the principal Parsippany, New Jersey 07054, a before index option trading can office of the Phlx. All submissions registered holding company, has filed a commence. Accordingly, the should refer to SR–Phlx–95–22 and declaration under sections 6(a) and 7 of Commission believes that it is should be submitted by November 10, the Act and rules 53 and 54 thereunder. consistent with Sections 6(b)(5) and 1995. The General Public Utilities 19(b)(2) of the Act to approve It Is Therefore Ordered, pursuant to Corporation and Subsidiary System Amendment No. 4 to the Phlx proposal Section 19(b)(2) of the Act,36 that the Companies Employee Savings Plan for on an accelerated basis. proposed rule change (File No. SR– Nonbargaining Employees and the Phlx–95–22), as amended, is approved. Employee Savings Plan for Bargaining I. Accelerated Approval of Amendment Unit Employees for each of GPU’s No. 5 For the Commission, by the Division of electric utility subsidiaries, Jersey Market Regulation, pursuant to delegated Central Power & Light Company, The Commission finds good cause for authority.37 approving Amendment No. 5 to the Metropolitan Edison Company and proposed rule change prior to the Margaret H. McFarland, Pennsylvania Electric Company thirtieth day after the date of Deputy Secretary. (collectively, ‘‘Savings Plans’’) are publication of the notice thereof in the [FR Doc. 95–26004 Filed 10–19–95; 8:45 am] designed to encourage and assist savings Federal Register. Specifically, the Phlx BILLING CODE 8010±01±M and investment by eligible employees proposes to delete the reference to the through voluntary contributions by Super Cap Index in Phlx Rule 1101A, [Release No. 35±26391] employees of a portion of their Commentary .01 regarding trading compensation and by the matching of hours. The Commission believes that Filings Under the Public Utility Holding certain of such contributions by the Amendment No. 5 is reasonable because Company Act of 1935, as Amended participants’ employers. the Phlx represents that it will include (``Act'') Amounts contributed to the Savings the proper reference to the Super Cap Plans by or on behalf of each participant Index when it files proposal SR–Phlx– October 13, 1995. are held by a trustee. Separate plan 95–37 with the Commission. Notice is hereby given that the accounts and, as necessary, sub- Specifically, the Phlx will propose to following filing(s) has/have been made accounts are maintained for each amend Phlx Rule 1101A, Commentary with the Commission pursuant to participant. The trustee invests the .01 to indicate that transactions may be provisions of the Act and rules amounts held in plan accounts and sub- effected until 4:15 p.m. each business promulgated thereunder. All interested accounts in the investment fund or day through the last trading day persons are referred to the application(s) funds selected by the participant. The (ordinarily a Thursday) prior to and/or declaration(s) for complete investment funds from which expiration for Super Cap Index options, statements of the proposed participants may choose currently as well as other a.m. settled index transaction(s) summarized below. The consist of eleven funds including the options. The Exchange further application(s) and/or declaration(s) and ‘‘GPU Stock Fund’’ which is designed to represents that it will issue a circular to any amendments thereto is/are available provide employees with a convenient Phlx members disclosing this for public inspection through the way to invest in GPU common stock by information. Accordingly, the Commission’s Office of Public providing participants the opportunity Commission believes that it is Reference. to direct that all or a portion of their consistent with Sections 6(b)(5) and Interested persons wishing to plan accounts be invested in the GPU 19(b)(2) of the Act to approve comment or request a hearing on the Stock Fund. Amendment No. 5 to the Phlx proposal applications(s) and/or declaration(s) The Savings Plans currently provide on an accelerated basis. should submit their views in writing by that GPU common stock acquired for the November 6, 1995, to the Secretary, GPU Stock Fund by the trustee be IV. Solicitation of Comments Securities and Exchange Commission, purchased in open market transactions Interested persons are invited to Washington, DC 20549, and serve a through brokers. In order to provide submit written data, views and copy on the relevant applicant(s) and/or additional equity capital, GPU proposes arguments concerning the foregoing declarant(s) at the address(es) specified that shares of its common stock amendments. Persons making written below. Proof of service (by affidavit or, acquired by participants through the submissions should file six copies in case of an attorney at law, by GPU Stock Fund may be either thereof with the Secretary, Securities certificate) should be filed with the purchased by the trustee directly from and Exchange Commission, 450 Fifth request. Any request for hearing shall GPU or in open market transactions, as Street, N.W., Washington, D.C. 20549. identify specifically the issues of fact or is now the case. Accordingly, GPU Copies of the submission, all subsequent law that are disputed. A person who so proposes to issue and sell from time to amendments, all written statements requests will be notified of any hearing, time through December 31, 2000, up to with respect to the proposed rule if ordered, and will receive a copy of 250,000 authorized but unissued or change that are filed with the any notice or order issued in the matter. previously reacquired shares of GPU Commission, and all written After said date, the application(s) and/ common stock to participants under the communications relating to the or declaration(s), as filed or as amended, Savings Plans. proposed rule change between the The purchase price per share paid by Commission and any person, other than 36 15 U.S.C. 78s(b)(2). participants would be the New York those that may be withheld from the 37 17 CFR 200.30–3(a)(12). Stock Exchange closing price for GPU 54280 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices common stock for the date on which the Chief, at (202) 942–0564 (Division of in Federated equal in value to their purchase of such share is executed. No Investment Management, Office of shares in Sunburst in complete commission would be charged with Investment Company Regulation). liquidation and dissolution of Sunburst. respect to any such purchase of GPU SUPPLEMENTARY INFORMATION: The No brokerage commissions were paid as common stock. GPU currently has 350 following is a summary of the a result of the exchange. million authorized shares of common application. The complete application 4. The Adviser is responsible for the stock of which 116,371,998 shares were may be obtained for a fee at the SEC’s payment of all expenses of the outstanding at August 31, 1995. GPU Public Reference Branch. reorganization incurred by either will use the net proceeds from the sale Sunburst or Federated. Such expenses Applicant’s Representations of additional common stock to the include, but are not limited to, Savings Plans to make cash capital 1. Applicant is an open-end accountants’ fees, legal fees, registration contributions to its subsidiaries, for management investment company fees, transfer taxes, bank and transfer working capital, to repay outstanding organized as a Massachusetts business agent fees, the costs of proxy materials indebtedness and for other corporate trust. On August 2, 1993, applicant and proxy solicitation to shareholders of purposes. registered under the Act as an Sunburst and the costs of holding the investment company and filed a For the Commission, by the Division of special meeting of shareholders. Investment Management, pursuant to registration statement under the 5. Applicant has no assets or delegated authority. Securities Act of 1933, registering an liabilities and is not a party to any Margaret H. McFarland, indefinite number of shares. The litigation or administrative proceeding. registration statement was declared At the time of the application, applicant Deputy Secretary. effective on October 28, 1993, and [FR Doc. 95–25962 Filed 10–19–95; 8:45 am] had no shareholders. Applicant is applicant’s initial public offering neither engaged in, nor does it propose BILLING CODE 8010±01±M commenced on November 15, 1993. to engage in, any business activities Sunburst Bank, Mississippi served as other than those necessary for the [Rel. No. IC±21420; 811±7073] applicant’s investment adviser winding-up of its affairs. (‘‘Adviser’’). 6. Applicant will be dissolved under Sunburst Funds; Notice of Application 2. At a meeting held on February 16, the laws of Massachusetts upon receipt 1995, applicant’s Board of Trustees October 13, 1995. of an order from the SEC declaring that approved an Agreement and Plan of applicant has ceased to be an AGENCY: Securities and Exchange Reorganization whereby Federated U.S. investment company. Commission (‘‘SEC’’). Government Securities Fund: 1–3 Years ACTION: Notice of application for (‘‘Federated’’) would acquire all of the For the Commission, by the Division of deregistration under the Investment assets of applicant’s sole portfolio, Investment Management, pursuant to Company Act of 1940 (the ‘‘Act’’). Sunburst Short-Intermediate delegated authority. Government Bond Fund (‘‘Sunburst’’), Margaret H. McFarland, APPLICANT: Sunburst Funds. in exchange for Institutional Shares of Deputy Secretary. RELEVANT ACT SECTION: Section 8(f). Federated to be distributed pro rata by [FR Doc. 95–25961 Filed 10–19–95; 8:45 am] SUMMARY OF APPLICATION: Applicant Sunburst to its shareholders in complete BILLING CODE 8010±01±M requests an order declaring that it has liquidation and dissolution of Sunburst. Pursuant to rule 17a–8, the Boards of ceased to be an investment company. [Rel. No. IC±21421; 811±6655] FILING DATE: The application was filed Trustees of Sunburst and Federated on October 2, 1995. determined that such reorganization Triple A and Government SeriesÐ would be in the best interests of their HEARING OR NOTIFICATION OF HEARING: An 1995, Inc.; Notice of Application order granting the application will be respective shareholders and that the October 13, 1995. issued unless the SEC orders a hearing. economic interests of their respective Interested persons may request a shareholders would not be diluted as a AGENCY: Securities and Exchange 1 Proxy hearing by writing to the SEC’s result of the reorganization. Commission (‘‘SEC’’). materials were filed with the SEC and Secretary and serving applicant with a ACTION: Notice of application for were distributed to applicant’s copy of the request, personally or by deregistration under the Investment shareholders on or about May 26, 1995. mail. Hearing requests should be Company Act of 1940 (the ‘‘Act’’). At a special meeting of shareholders received by the SEC by 5:30 p.m. on held on June 29, 1995, applicant’s APPLICANT: Triple A and Government November 7, 1995, and should be shareholders approved the Series–1995, Inc. accompanied by proof of service on reorganization. RELEVANT ACT SECTION: Section 8(f). applicant, in the form of an affidavit or, 3. On the exchange date of June 30, SUMMARY OF APPLICATION: Applicant for lawyers, a certificate of service. 1995, all of the properties and assets of seeks an order declaring that it has Hearing requests should state the nature Sunburst were valued and subsequently of the writer’s interest, the reason for the conveyed to Federated. Shareholders in ceased to be an investment company. request, and the issues contested. Sunburst received Institutional Shares FILING DATE: The application was filed Persons may request notification of a on September 12, 1995. hearing by writing to the SEC’s 1 Applicant and Federated may be deemed to be HEARING OR NOTIFICATION OF HEARING: An Secretary. affiliated persons of each other by reason of having order granting the application will be ADDRESSES: Secretary, SEC, 450 5th a common investment adviser, common directors, and common officers. Although purchases and sales issued unless the SEC orders a hearing. Street, N.W., Washington, D.C. 20549. between affiliated persons generally are prohibited Interested persons may request a Applicant, Federated Investors Tower, by section 17(a) of the Act, rule 17a–8 provides an hearing by writing to the SEC’s Pittsburgh, Pennsylvania 15222–3779. exemption for certain purchases and sales among Secretary and serving applicant with a FOR FURTHER INFORMATION CONTACT: investment companies that are affiliated persons of one another solely by reason of having a common copy of the request, personally or by Deepak T. Pai, Staff Attorney, at (202) investment adviser, common directors, and/or mail. Hearing requests should be 942–0574, or Alison E. Baur, Branch common officers. received by the SEC by 5:30 p.m. on Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54281
November 7, 1995 and should be being held by PNC Bank N.A., in a non- DEPARTMENT OF TRANSPORTATION accompanied by proof of service on interest-bearing account, for one applicant, in the form of an affidavit or, shareholder who had not surrendered Federal Highway Administration for lawyers, a certificate of service. her share certificates. These assets are to Hearing requests should state the nature be distributed on a pro rata basis as Environmental Impact Statement: of the writer’s interest, the reason for the share certificates are surrendered. All Oneida County, New York request, and the issues contested. reasonable steps are being taken to AGENCY: Federal Highway Persons may request notification of a locate the shareholder. If PNC Bank is Administration ((FHWA), New York hearing by writing to the SEC’s unable to locate the shareholder, the State Department of Transportation Secretary. cash assets will continue to be held with (NYSDOT). PNC Bank in accordance with ADDRESSES: Secretary, SEC, 450 5th ACTION: Notice of Intent. Street, N.W., Washington, D.C. 20549. applicable state law. Applicant, 1285 Avenue of the 5. At the close of business on June 29, SUMMARY: The FHWA is issuing this Americas, New York, New York 10019. 1995, pursuant to applicant’s articles of notice to advise the public that an FOR FURTHER INFORMATION CONTACT: incorporation and Maryland law, environmental impact statement will be Barbara J. Klapp, Paralegal Specialist, at applicant ceased to exist as a Maryland prepared for the proposed Judd Road (202) 942–0575, or Alison E. Baur, corporation. No action was needed by Connection Highway Project, Oneida Branch Chief, at (202) 942–0564 shareholders, or under state law, to County, New York. (Division of Investment Management, effect the liquidation. FOR FURTHER INFORMATION CONTACT: Office of Investment Company 6. As of the Termination Date, the Harold J. Brown, Division Regulation). known liabilities of applicant consisted Administrator, Federal Highway SUPPLEMENTARY INFORMATION: The primarily of expenses incurred in Administration, New York Division, following is a summary of the connection with applicant’s liquidation Leo W. O’Brien Federal Building, 9th application. The complete application and dissolution. The $10 per share Floor, Clinton Avenue and North may be obtained for a fee at the SEC’s distribution to shareholders reflected Pearl Street, Albany, New York 12207, Public Reference Branch. the payment of all known liabilities. Telephone: (518) 431–4127 The Adviser will be responsible for the or Applicant’s Representations payment of any additional, 1. Applicant is a closed-end unanticipated expenses. Philip J. Clark, Director, Facilities Design Division, New York State diversified investment company 7. Applicant is not a party to any organized as a Maryland corporation, Department of Transportation, State litigation or administrative proceeding. Campus, 1220 Washington Avenue, with a scheduled termination date of 8. Applicant is neither engaged in, nor June 29, 1995 (the ‘‘Termination Date’’). Albany, New York 12232, Telephone: does it propose to engage in, any (518) 457–6452. On May 1, 1992, applicant filed a business activities other than those SUPPLEMENTARY INFORMATION: The notification of registration pursuant to necessary for the winding-up of its FHWA, in cooperation with the section 8(a) of the Act. On May 6, 1992, affairs. applicant filed a registration statement NYSDOT, will prepare an pursuant to the Securities Act of 1933. For the Commission, by the Division of Environmental Impact Statement on a The registration statement became Investment Management, pursuant to proposal to construct the Judd Road effective on June 30, 1992 and delegated authority. Connection located in the Village of applicant’s initial public offering Margaret H. McFarland, New York Mills, Towns of Whitestown commenced thereafter. Mitchell Deputy Secretary. and New Hartford in Oneida County, Hutchins Asset Management Inc. serves [FR Doc. 95–25960 Filed 10–19–95; 8:45 am] New York. The proposed improvement as applicant’s investment adviser (the BILLING CODE 8010±01±M involves the construction of a new ‘‘Adviser’’). highway, from the Route 5/8/12 (North- 2. On or before June 29, 1995, all of South Arterial) interchange proceeding applicant’s portfolio securities either west, to State Route 5A (Commercial matured or were sold in open market SMALL BUSINESS ADMINISTRATION Drive) continuing to Middle Settlement transactions with dealers at ordinary Road then terminating at the existing spreads. In accordance with an Interest Rates; Notice Judd Road/Halsey Road intersection. Agreement and Plan of Liquidation and This proposed section of highway is On a quarterly basis, the Small Dissolution approved by applicant’s approximately 6.5 kilometers in length. Business Administration also publishes board of directors on June 2, 1995, Improvements to the study area are an interest rate called the optional applicant distributed all of its remaining considered necessary in order to ‘‘peg’’ rate (13 CFR 122.8–4(d)). This assets to its shareholders on the provide an effective, safe, transportation rate is a weighted average cost of money Termination Date. service based on projected traffic to the government for maturities similar 3. As of the Termination Date, there demands, growth factors and current to the average SBA loan. were approximately 6,195,385 shares of design standards. This new highway common stock, having an aggregate net This rate may be used as a base rate should aid in mitigating the existing and asset value of $61,953,849 and a per for guaranteed fluctuating interest rate continual degradation of capacity, and share net asset value of $10. On the SBA loans. For the October-December increase in vehicle hours of delay on the 1 Termination Date, applicant made a quarter of FY 96, this rate will be 6 ⁄2 highway network. This improvement cash distribution of its assets to its percent. would also provide system continuity shareholders on a pro rata basis. The John R. Cox, between the existing state highway distribution to shareholders was based Associate Administrator for Financial systems within the study area, improve on net asset value. Assistance. the movement of people and/or goods 4. As of October 4, 1995, cash [FR Doc. 95–25984 Filed 10–19–95; 8:45 am] and the overall safety to the traveling amounting to approximately $5,000 was BILLING CODE 8025±01±M public. As a result of this project, there 54282 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices could be improvements to the Route 5/ unjustly discriminatory airport rates and Department intended to hold at least 8/12 interchange. charges and announced that at least two two informal public meetings on the Alternatives under consideration meetings for oral views would be held. proposed policy. The second meeting is include: (1) Take no action, and (2) The proposed policy statement sets being held on October 17, 1995. various design alternates of constructing forth the Department policy regarding On October 13, 1995, the Air a four lane, full control of access airport practices that the Department Transport Association (ATA), through highway from the Route 5/8/12 would consider to be consistent with counsel, requested a 30 day extension of interchange for a section of the Federal requirements for airport rates the comment period. The ATA asserts improved highway tapering to a two and charges for aeronautical uses. This that the additional time is required to lane limited access highway for the notice announces a 15-day extension of permit full coordination of proposed remaining section to Judd Road/Halsey the comment period until November 7, comments with each ATA member. Road intersection on new alignment. 1995. We have decided to extend the Incorporated into and studied with the DATES: Written comments on the comment period for 15 days—until build alternatives will be design SNPRM must be received by November November 7, 1995. This extension will variations of grade, alignment and 7, 1995. provide additional time for all interchange/intersection locations and ADDRESSES: Comments should be commenters to respond to information type. mailed, in quadruplicate, to: Federal and comment developed at the October Letters describing the proposed action Aviation Administration, Office of Chief 17 public meeting and will provide and soliciting comments will be sent to Counsel, Attention: Rules Docket (AGC– additional time for ATA, as well as appropriate federal, State and local 10), Dockets No. 27782,800 other industry associations, to agencies, and to private organizations Independence Avenue, SW., coordinate comments among individual and citizens who have previously Washington, DC 20591. All comments members. expressed interest in this proposal. A must be marked: ‘‘Docket No. 27782.’’ The supplemental notice proposes series of public information meetings Commenters wishing the FAA to modifications to the interim policy. will be held at convenient locations acknowledge receipt of their comments Moreover, in directing us to establish a during the environmental process. In must include a preaddressed, stamped policy on airport rates and charges, the addition, a public hearing will also be postcard on which the following FAA Authorization Act of 1994, Pub. L. held. Public notice will be given statement is made: ‘‘Comments to 103–309 (August 23, 1995) also directed regarding the time and place of the Docket No. 27782.’’ The postcard will be us to proceed expeditiously. In addition, meetings and hearings. Upon date stamped and mailed to the while the interim policy is in place, completion, the Draft Environmental commenter. there may be some uncertainty over Impact Statement will be available for Comments on the SNPRM may be what policy the Department would public and agency review and comment. examined in room 915G on weekdays, apply in areas where the supplemental To ensure that the full range of issues except on Federal holidays, between notice varies from the interim policy. In related to this proposed action are 8:30 a.m. and 5 p.m. these circumstances, we are not addressed and all significant issues FOR FURTHER INFORMATION CONTACT: prepared to further delay development identified, comments and suggestions John Rodgers, Director, Office of of a final policy by granting the full 30- are invited from all interested parties. Aviation Policy, Plans and Management day extension requested by ATA. Comments or questions concerning this Analysis, Federal Aviation Issued in Washington, DC, on October 16, proposed action and the Environmental Administration, 800 Independence Ave. 1995. Impact Statement should be directed to SW., Washington, DC 20591, telephone Cynthia Rich, the NYSDOT and FHWA at the (202) 267–3274; Barry Molar, Manager, addresses provided above. Assistant Administrator for Airports. Airports Law Branch, Office of the Chief [FR Doc. 95–26047 Filed 10–19–95; 8:45 am] Issued on: October 11, 1995. Counsel, Federal Aviation BILLING CODE 4910±13±M Harold J. Brown, Administration, 800 Independence Division Administrator, Federal Highway Avenue, SW., Washington, DC 20591, telephone (202) 267–3473. Administration, Albany, New York. DEPARTMENT OF THE TREASURY [FR Doc. 95–26037 Filed 10–19–95; 8:45 am] SUPPLEMENTARY INFORMATION: On BILLING CODE 4910±22±M September 8, 1995, the DOT and FAA Office of Thrift Supervision jointly published in the Federal Register a supplemental notice of [AC±49; OTS No. 11990] Federal Aviation Administration proposed policy regarding fair and Flushing Savings Bank, FSB, Flushing, [Docket No. 27782] reasonable nondiscriminatory airport New York; Approval of Conversion rates and changes (60 FR 47012). Application RIN 2120±AF90 Specifically, the supplemental notice of proposed policy sets forth proposed Notice is hereby given that on October Proposed Policy Regarding Airport revisions to the interim final policy on 12, 1995, the Director, Corporate Rates and Charges airport rates and charges published Activities, Office of Thrift Supervisions, AGENCY: Department of Transportation jointly by the DOT and FAA on or her designee, acting pursuant to (DOT or Department), Federal Aviation February 3, 1995 (60 FR 6906). In the delegated authority, approved the Administration (FAA). February 3 publication, the Department application of Flushing Savings Bank, ACTION: Extension of Comment Period. requested comments on the interim FSB, Flushing, New York, to convert to policy, and the supplemental notice the stock form of organization. Copies of SUMMARY: On September 8, 1995, the reflects the Department consideration of the application are available for Department published a supplemental the comments received. The inspection at the Dissemination Branch, notice of a proposed policy statement in supplemental notice established Office of Thrift Supervision, 1700 G the Federal Register (60 FR 47012) with October 23, 1995 as the due date for Street, N.W., Washington, D.C. 20552, respect to fair and reasonable and not written comments and advised that the and the Northeast Regional Office, Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices 54283
Office of Thrift Supervision, 10 Division, Office of Human Resources, Government of Japan comments Exchange Place, 18th Floor, Jersey City, U.S. Information Agency, 301 4th regarding economic deregulation New Jersey 07302. Street SW., Washington, D.C. 20547, measures by the Government of Japan. Dated: October 17, 1995. Tel: (202) 619–4617. The United States Trade Representative By the Office of Thrift Supervision. SUPPLEMENTARY INFORMATION: In (USTR) solicits written comments from interested persons regarding specific Nadine Y. Washington, accordance with Section 4314(c)(1) laws, regulations, or regulatory practices Corporate Secretary. through (5) of the Civil Service Reform Act of 1978 (P.L. 95454), the following in Japan, the removal or modification of [FR Doc. 95–26063 Filed 10–19–95; 8:45 am] list supersedes the U.S. Information which would improve market access for BILLING CODE 6720±01±M Agency Notice (55 FR 233, November 6, United States products or services. 1991) DATES: Comments are due on or before [AC±50; OTS No. 2108] Chairperson: Associate Director for noon on November 3, 1995. Management—Henry Howard, Jr. ADDRESSES: Office of the United States Patriot Savings Bank, Pottstown, (Presidential Appointee) Trade Representative, 600 17th Street Pennsylvania; Approval of Conversion Deputy Chairperson: Director for NW., Washington, DC 20508. Application International Broadcasting Bureau, FOR FURTHER INFORMATION CONTACT: Joseph Bruns Byron Sigel, Director for Japanese Notice is hereby given that on October Career SES Members: Affairs, (202) 395–5070. 16, 1995, the Director, Corporate Michael Schneider, Special Advisor SUPPLEMENTARY INFORMATION: On March Activities, Office of Thrift Supervision, to the Director, Office of the or her designee, acting pursuant to 31, 1995, the Government of Japan Director announced a package of economic delegated authority, approved the Judith Siegel, Director, Office of application of Patriot Savings Bank, deregulation measures. Before the Information Resources, Bureau of announcement of those measures, the Pottstown, Pennsylvania, to convert to Information the stock form of organization. Copies of Government of the United States held Leroy Lowrey, Assistant Inspector several consultations with the the application are available for General for Inspections, Office of inspection at the Dissemination Branch, Government of Japan regarding Inspector General deregulation and competition policy Office of Thrift Supervision, 1700 G Steven C. Munson, Director, Office of Street, N.W., Washington, D.C. 20552, issues. On November 15, 1994, and Policy, International Broadcasting again on April 21, 1995, the and the Northeast Regional Office, Bureau Office of Thrift Supervision, 10 Government of the United States, under Lisa Keathley, Chief, Worldnet the coordination of the Office of the Exchange Place, 18th Floor, Jersey City, Productions, International New Jersey 07302. United States Trade Representative, Broadcasting Bureau submitted to the Government of Japan Dated: October 17, 1995. Donald M. Jacques, Jr., Deputy for specific written comments regarding the By the Office of Thrift Supervision, Project Management, International deregulation process, competition Nadine Y. Washington, Broadcasting Bureau policy issues, administrative reform Corporate Secretary. Alternate Career SES Members process, and specific suggestions for deregulation measures. The comments [FR Doc. 95–26062 Filed 10–19–95; 8:45 am] Rick A. Ruth, Deputy Chief of Staff, submitted by the Government of the BILLING CODE 6720±01±M Office of the Director United States are available for public James R. Hulen, Director, Office of inspection and copying in the USTR Strategic Planning, International Reading Room: Room 101, Office of the UNITED STATES INFORMATION Broadcasting Bureau. AGENCY United States Trade Representative, 600 This supersedes the previous U.S. 17th Street NW., Washington, DC 20506. Information Agency Notice (55 FR 233 Performance Review Board Members An appointment to review the list may November 6, 1991) be made by calling Brenda Webb (202) AGENCY: United States Information Dated: October 13, 1995. 395–6186. The USTR Reading Room is Agency. Henry Howard, Jr., open to the public from 10 a.m. to 12 ACTION: Notice. Associate Director for Management, U.S. noon and 1 p.m. to 4 p.m., Monday Information Agency. through Friday. SUMMARY: This Notice is issued to revise [FR Doc. 95–26009 Filed 10–19–95; 8:45 am] The Government of the United States the membership of the United States plans to consult further with the BILLING CODE 8230±01±M Information Agency (USIA) Performance Government of Japan regarding the Review Board. measures announced last spring as well DATES: as additional deregulation and Effective October 20, 1995. OFFICE OF THE UNITED STATES competition policy measures and issues. FOR FURTHER INFORMATION CONTACT: TRADE REPRESENTATIVE Ms. Kathleen Kelly (Co-Executive The Government of the United States Secretary), Chief of Compensation & Request for Public Comment: plans to submit to the Government of Benefits Division, Office of Personnel, Deregulation Measures in Japan Japan further specific comments International Broadcasting Bureau, addressing these areas. USTR will use AGENCY: Office of the United States U.S. Information Agency, 330 the comments solicited pursuant to this Trade Representative. Independence Avenue SW., notice in developing the comments that Washington, D.C. 20547, Tel: (202) ACTION: Request for written comments the Government of the United States 619–2102 regarding deregulation measures in will submit to the Government of Japan. Japan. or Request for Public Comment Ms. Patricia H. Noble (Co-Executive SUMMARY: The Government of the Interested persons are invited to Secretary), Chief, Civil Service United States plans to submit to the submit written comments on specific 54284 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Notices laws, regulations, or regulatory practices accompanied by a nonconfidential consist of a planning meeting to identify in Japan, the removal or modification of summary of the confidential topics and objectives for the coming which would improve market access for information. The nonconfidential year. The meeting will adjourn at 5:00 United States’ products or services. summary will be placed in the file that p.m. Comments need not be limited to the is open to public inspection. The meeting will be open to the sectors covered by the deregulation Byron Sigel, public. Those wishing to attend should measures previously announced by the Director for Japanese Affairs. contact Ms. Dina Wood, Special Government of Japan, but may address [FR Doc. 95–26029 Filed 10–19–95; 8:45 am] Assistant to the Director, National any sector. Comments should identify BILLING CODE 3190±01±M Cemetery System, [phone (202) 273– and explain the laws, regulations, and 5235] not later than 12 noon, EST regulatory practices in sufficient detail October 27, 1995. to allow a full understanding of the regulatory issued and market access DEPARTMENT OF VETERANS Any interested person may attend, concerns. AFFAIRS appear before, or file a statement with In addition to comments regarding the Committee. Individuals wishing to Advisory Committee on Cemeteries appear before the Committee should specific laws, regulations, or regulatory and Memorials, Notice of Meeting practices, USTR is interested in indicate this in a letter to the Director, receiving comments from interested The Department of Veterans Affairs National Cemetery System (40 at 810 persons regarding regulatory processes (VA) gives notice that a meeting of the Vermont Avenue, NW., 20420. In any and procedures, for example regarding Advisory Committee on Cemeteries and such letters, the writers must fully transparency or review of administrative Memorials, authorized by 38 U.S.C. identify themselves and state the actions, which affect market access. 2401, will be held at the Department of organization or association or person USTR also solicits comments regarding Veterans Affairs, 810 Vermont Avenue, they represent. Also, to the extent the specific experiences and suggestions Room 530, NW, Washington, DC 20420. practicable, letters should indicate the of interested persons with respect This will be the committee’s first subject matter they want to discuss. Oral competition laws and policies and their meeting of fiscal year 1996 and will presentations should be limited to 10 enforcement in Japan. address the historic preservation needs minutes in duration. Those wishing to Comments are due no later than noon of the National Cemetery System. file written statements to be submitted on November 3, 1995. Comments must The meeting will convene at 8:00 a.m. to the Committee must also mail, or be in English and provided in twenty (EST) on November 8, 1995 and will otherwise deliver, them to the Director, copies to: Sybia Harrison, Deregulation adjourn at 5:00 p.m. (EST) November 9, National Cemetery System. Measures in Japan, Room 223, USTR, 1995. On November 8 there will be a Letters and written statements as 600 17th Street NW, Washington, DC Gettysburg National Historic Battlefield discussed above must be mailed or 20506. site visit returning to VACO at 5:00 p.m. delivered in time to reach the Director, Comments will be placed in a file The purpose of this site visit is to National Cemetery System, by 12 noon open to public inspection, except conduct an historic preservation est, November 1, 1995. Oral statements confidential business information workshop, using the location to will be heard only between 3:00 p.m. exempt from public inspection in exemplify various preservation need of and 5:00 p.m. est, November 9, 1995. accordance with 15 CFR 2006.15(b). federally-owned historic lands such as Dated: October 10, 1995. Confidential business information national cemeteries and battlefields. submitted in accordance with 15 CFR The following day at 9:00 a.m. the By Direction of the Secretary: 2006.15(b) must be clearly marked Committee will reconvene to discuss Heyward Bannister, ‘‘BUSINESS CONFIDENTIAL’’ in ongoing historic preservation projects Committee Management Officer. contrasting color ink at the top of each within VA’s National Cemetery System. [FR Doc. 95–26031 Filed 10–19–95; 8:45 am] page of each copy, and must be The second day’s agenda will also BILLING CODE 8320±01±M 54285
Sunshine Act Meetings Federal Register Vol. 60, No. 203
Friday, October 20, 1995
This section of the FEDERAL REGISTER FEDERAL MINE SAFETY AND HEALTH REVIEW 4. Eligibility criteria for selection of contains notices of meetings published under COMMISSION Federal Reserve Bank directors. (This item the ``Government in the Sunshine Act'' (Pub. was originally announced for a closed L. 94-409) 5 U.S.C. 552b(e)(3). TIME AND DATE: 10:00 a.m., Tuesday, meeting on October 18, 1995.) October 24, 1995. 5. Personnel actions (appointments, PLACE: Room 600, 1730 K Street, N.W., promotions, assignments, reassignments, and FARM CREDIT ADMINISTRATION Washington, D.C. salary actions) involving individual Federal Reserve System employees. Farm Credit Administration Board; STATUS: Open. 6. Any items carried forward from a Special Meeting MATTERS OF BE CONSIDERED: The previously announced meeting. Commission will consider and act upon CONTACT PERSON FOR MORE INFORMATION: SUMMARY: Notice is hereby given, the following: Mr. Joseph R. Coyne, Assistant to the pursuant to the Government in the 1. Lion Mining Co., Docket No. PENN 94– Sunshine Act (5 U.S.C. 552b(e)(3)), of Board; (202) 452–3204. You may call 71–R (Issues include whether the judge erred (202) 452–3207, beginning at the special meeting of the Farm Credit in finding that the operator’s violation of 30 Administration Board (Board). C.F.R. § 75.220(a)(1) was not of a significant approximately 5 p.m. two business days and substantial nature or the result of an before this meeting, for a recorded DATE AND TIME: The special meeting of unwarrantable failure.) announcement of bank and bank the Board will be held at the offices of holding company applications Any person attending this meeting the Farm Credit Administration in scheduled for the meeting. who requires special accessibility McLean, Virginia, on October 24, 1995, Dated: October 18, 1995. from 10:00 a.m. until such time as the features and/or auxiliary aids, such as William W. Wiles, Board concludes its business. sign language interpreters, must inform the Commission in advance of those Secretary of the Board. FOR FURTHER INFORMATION CONTACT: needs. Subject to 29 C.F.R. [FR Doc. 95–26148 Filed 10–18–95; 11:11 Floyd Fithian, Secretary to the Farm §§ 2706.150(a)(3) and 2706.160(e). am] Credit Administration Board, (703) 883– CONTACT PERSON FOR MORE INFO: Jean BILLING CODE 6210±01±P 4025, TDD (703) 883–4444. Ellen (202) 653–5629/(202) 708–9300 ADDRESSES: Farm Credit for TDD Relay/1–800–877–8339 for toll Administration, 1501 Farm Credit Drive, free. FEDERAL TRADE COMMISSION Dated: October 17, 1995. McLean, Virginia 22102–5090. TIME AND DATE: 2:00 p.m., Wednesday, Jean H. Ellen, November 15, 1995. SUPPLEMENTARY INFORMATION: This Chief Docket Clerk. meeting of the Board will be open to the [FR Doc. 95–26225 Filed 10–18–95; 3:00 pm] PLACE: Federal Trade Commission public (limited space available). In order Building, Room 532, 6th Street and BILLING CODE 6735±01±M to increase the accessibility to Board Pennsylvania Avenue, N.W., meetings, persons requiring assistance Washington, D.C. 20580. should make arrangements in advance. BOARD OF GOVERNORS OF THE FEDERAL STATUS: Parts of this meeting will be The matters to be considered at the RESERVE SYSTEM open to the public. The rest of the meeting are: meeting will be closed to the public. TIME AND DATE: 10:00 a.m., Wednesday, Open Session October 25, 1995. MATTERS TO BE CONSIDERED: Portions A. Approval of Minutes PLACE: Marriner S. Eccles Federal Open to Public: B. New Business Reserve Board Building, C Street (1) Oral Argument in California Dental entrance between 20th and 21st Streets, Association, Docket 9259. 1. Policy Statements N.W., Washington, D.C. 20551. a. Amendment to Board Operational Policy Portions Closed to the Public: STATUS: Closed. Statement No. 64 [Delegation of Authority for (2) Executive Session to follow Oral MATTERS TO BE CONSIDERED: Signing Bookletters and Other Documents]. Argument in California Dental Association, 2. Regulations. 1. Proposals regarding a Federal Reserve Docket 9259. a. Regulatory Burden Issues/Phase II [12 Bank’s building requirements. CFR Chapter VI] (Notice). 2. Proposed 1996 Federal Reserve Bank CONTACT PERSON FOR MORE INFORMATION: b. Borrower Rights/Phase I [12 CFR Part officer salary structure adjustments. (This Murfy Alexander, Office of Public 614] (Proposed). item was originally announced for a closed Affairs: (202) 326–2180, Recorded Dated: October 18, 1995. meeting on October 18, 1995.) Message: (202) 326–2711. Floyd Fithian, 3. Proposed 1996 Federal Reserve Board Donald S. Clark, employee salary structure adjustments and Secretary, Farm Credit Administration Board. Secretary. merit program. (This item was originally [FR Doc. 95–26230 Filed 10–18–95; 4:02 pm] announced for a closed meeting on October [FR Doc. 95–26211 Filed 10–18–95; 3:16 pm] BILLING CODE 6705±01±P 18, 1995.) BILLING CODE 6750±01±M federal register October 20,1995 Friday Proposed Rules Plastic SurgeryandInmateOrganizations; 28 CFRParts549and551 Bureau ofPrisons Justice Department of Part II 54287 54288 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules
DEPARTMENT OF JUSTICE good order and security of the Subpart DÐPlastic Surgery institution, or when some question Sec. Bureau of Prisons exists as to whether the surgery qualifies 549.50 Purpose and scope. as a component of presently medically 549.51 Approval procedures. 28 CFR Part 549 necessary standard of treatment. Further 549.52 Informed consent. [BOP±1020±P] revisions to the regulations include simplification and reorganization of the Subpart DÐPlastic Surgery RIN 1120±AA26 procedures for approval and ‘‘informed § 549.50 Purpose and scope. Plastic Surgery consent.’’ Procedures relating to staff processing of inmate identification The Bureau of Prisons does not AGENCY: Bureau of Prisons, Justice. records have been removed and have ordinarily perform plastic surgery on ACTION: Proposed rule. been made part of internal instructions inmates to correct preexisting to staff. disfigurements (including tattoos) on SUMMARY: In this document, the Bureau The Bureau of Prisons has determined any part of the body. In circumstances of Prisons is proposing revised that this rule is not a significant regulations concerning the where plastic surgery is a component of regulatory action for the purpose of E.O. a presently medically necessary circumstances and procedures under 12866, and accordingly was not standard of treatment (for example, part which the Bureau approves plastic reviewed by the Office of Management of the treatment for facial lacerations or surgery for inmates. The proposed and Budget. After review of the law and for mastectomies due to cancer) or it is regulations establish criteria under regulations, the Director, Bureau of which plastic surgery may be approved: Prisons has certified that this rule, for necessary for the good order and as a component of standard medical/ the purpose of the Regulatory Flexibility security of the institution, the necessary surgical treatment, when necessary for Act (Pub. L. 96–354), does not have a surgery may be performed. the good order and security of the significant impact on a substantial § 549.51 Approval procedures. institution, and in other special number of small entities. situations as determined by the Medical Interested persons may participate in The Clinical Director shall consider Director. Additionally, these regulations this proposed rulemaking by submitting individually any request from an inmate have been reorganized to emphasize data, views, or arguments in writing to or a BOP medical consultant. ‘‘informed consent’’ and to remove the Bureau of Prisons, 320 First Street unnecessary provisions. (a) In circumstances where plastic NW., HOLC Room 754, Washington, DC surgery is a component of the presently DATES: Comments due by December 19, 20534. Comments received during the medically necessary standard of 1995. comment period will be considered treatment, the Clinical Director shall ADDRESSES: Office of General Counsel, before final action is taken. All forward the surgery request to the Office Bureau of Prisons, HOLC Room 754, 320 comments received remain on file for of Medical Designations and First Street NW., Washington, DC public inspection at the above address. Transportation for approval. 20534. The proposed rule may be changed in FOR FURTHER INFORMATION CONTACT: Roy light of the comments received. No oral (b) If the Clinical Director Nanovic, Office of General Counsel, hearings are contemplated. recommends plastic surgery for the good order and security of the institution, the Bureau of Prisons, phone (202) 514– List of Subjects in 28 CFR Part 549 6655. request for plastic surgery authorization SUPPLEMENTARY INFORMATION: The Prisoners. will be forwarded to the Warden for Bureau of Prisons is proposing to amend Wallace H. Cheney, initial approval. The Warden will its regulations on plastic surgery (28 Acting Director, Bureau of Prisons. forward the request through the CFR part 549, subpart D). A final rule on Accordingly, pursuant to the Regional Director to the Medical this subject was published in the rulemaking authority vested in the Director. The Medical Director shall Federal Register on June 29, 1979 (44 Attorney General in 5 U.S.C. 552(a) and have the final authority to approve or FR 38236). delegated to the Director, Bureau of deny this type of plastic surgery request. Under its current regulations on Prisons in 28 CFR 0.96(p), it is proposed (c) If the Clinical Director is unable to plastic surgery, the Bureau provides, to amend part 549 in subchapter C of 28 determine whether the plastic surgery within available resources, corrective CFR, chapter V as set forth below. qualifies as a component of presently and reconstructive surgery for an inmate medically-necessary standard of to correct obvious disfigurement. SUBCHAPTER CÐINSTITUTIONAL MANAGEMENT treatment, the Clinical Director may Approval for such surgery follows when forward the request to the Medical the surgery is indicated for medical PART 549ÐMEDICAL SERVICES reasons or when it is believed that such Director for a final determination in surgery will assist the inmate’s 1. The authority citation for 28 CFR accordance with the provisions of institutional or post-release adjustment. part 549 continues to read as follows: paragraph (b) of this section. The proposed regulations stipulate in Authority: 5 U.S.C. 301; 18 U.S.C. 3621, § 549.52 Informed consent. the statement of purpose that the Bureau 3622, 3624, 4001, 4005, 4042, 4045, 4081, ordinarily does not perform plastic 4082, (Repealed in part as to offenses Approved plastic surgery procedures surgery on inmates to correct committed on or after November 1, 1987), may not be performed without the preexisting disfigurements (including 4241–4247, 5006–5024 (Repealed October 12, informed consent of the inmate tattoos) on any part of the body. Plastic 1984, as to offenses committed after that involved. date), 5039: 28 U.S.C. 509, 510; 28 CFR 0.95– surgery may be performed when it is a [FR Doc. 95–25913 Filed 10–19–95; 8:45 am] component of the presently medically 0.99. necessary standard of treatment. Plastic 2. Subpart D, consisting of §§ 549.50 BILLING CODE 4410±05±P surgery may also be approved under and 549.51, is revised to consist of special circumstances: Namely, for the §§ 549.50 through 549.52 as follows: Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules 54289
28 CFR Part 551 the proposed regulations require, in 2. Subpart D, consisting of §§ 551.30 accordance with Bureau policy and through 551.36, is revised as follows. [BOP±1045±P] generally accepted accounting Subpart DÐInmate Organizations RIN 1120±AA42 principles, the close-out of the operation of any funds previously accumulated by Sec. Inmate Organizations an inmate organization. Under Bureau 551.30 Purpose and scope. policy, such funds could be used to 551.31 Approval of an organization. AGENCY: Bureau of Prisons, Justice. finance an approved activity for the 551.32 Staff supervision. 551.33 Dues. ACTION: Proposed rule. organization. Any remaining funds, or 551.34 Organization activities. organization property assets which have SUMMARY: The Bureau of Prisons is 551.35 Funding. not been converted to cash, would be proposing to revise its regulations on 551.36 Accountability for accumulated disposed of through donation to an Inmate Organizations to prohibit fund- funds. approved charity, the institution, or the raising activities by inmates and to Trust Fund. Subpart DÐInmate Organizations phase out provisions governing inmate The Bureau of Prisons has determined accountability for funds. This that this rule is not a significant § 551.30 Purpose and scope. amendment is intended to provide for regulatory action for the purpose of E.O. the continued efficient and orderly The Bureau of Prisons permits 12866, and accordingly was not inmates and persons in the community operation of the institution and the reviewed by the Office of Management Bureau. to participate in approved inmate and Budget. After review of the law and organizations for recreational, social, DATES: Comments due by December 19, regulations, the Director, Bureau of civic, and benevolent purposes. 1995. Prisons has certified that this rule, for ADDRESSES: Office of General Counsel, the purpose of the Regulatory Flexibility § 551.31 Approval of an organization. Bureau of Prisons, HOLC Room 754, 320 Act (Pub. L. 96–354), does not have a (a) An inmate must submit a request First Street NW., Washington, DC significant impact on a substantial for recognition of a proposed inmate 20534. number of small entities. Interested persons may participate in organization to the Warden prior to the FOR FURTHER INFORMATION CONTACT: Roy inmate organization’s becoming active. Nanovic, Office of General Counsel, this proposed rulemaking by submitting Bureau of Prisons, phone (202) 514– data, views, or arguments in writing to (b) The Warden may approve an 6655. the Bureau of Prisons, 320 First Street inmate organization upon determining NW., HOLC Room 754, Washington, DC that: SUPPLEMENTARY INFORMATION: The 20534. Comments received during the Bureau of Prisons is proposing to amend (1) The organization has a comment period will be considered constitution and bylaws duly approved its regulations on Inmate Organizations before final action is taken. All (28 CFR part 551, subpart D). A final by its members which include its comments received remain on file for purpose and objectives, the duties and rule on this subject was published in the public inspection at the above address. Federal Register on June 29, 1979 (44 responsibilities of the officer(s), and The proposed rule may be changed in requirements for activities reporting and FR 38236) and was amended June 1, light of the comments received. No oral for operational review; and 1983 (48 FR 24625). hearings are contemplated. Current regulations on inmate (2) The organization does not operate organizations allow for the operation of List of Subjects in 28 CFR Part 551 in opposition to the security, good fund-raising activities and consequently Prisoners. order, or discipline of the institution. include provisions for accountability for Wallace H. Cheney, (c) The Warden may withdraw funds. These activities potentially pose Acting Director, Bureau of Prisons. approval of an inmate organization for legal and financial problems; for Accordingly, pursuant to the reasons of the security, good order, and example, nonpayment by the inmate rulemaking authority vested in the discipline of the institution, or in organization. The Bureau, therefore, is Attorney General in 5 U.S.C. 552(a) and accordance with § 551.34(e). proposing to prohibit fund-raising delegated to the Director, Bureau of activities by inmates and to phase out § 551.32 Staff supervision. Prisons in 28 CFR 0.96(p), it is proposed provisions governing inmate to amend part 551 in subchapter C of 28 (a) The Warden shall appoint a staff accountability for funds. CFR, chapter V as set forth below. member as the institution’s Inmate The Bureau recognizes and supports Organization Manager (IOM). The IOM the traditional purposes of approved SUBCHAPTER CÐINSTITUTIONAL shall be responsible for monitoring the inmate organizations allowing for social MANAGEMENT activities of the institution’s inmate and recreational activities. While direct PART 551ÐMISCELLANEOUS organizations and staff sponsors. funding by inmate organizations would be eliminated, the proposed regulations 1. The authority citation for 28 CFR (b) The Warden or designee shall allow for the funding of approved part 551 continues to read as follows: assign a staff sponsor responsible for supervising the activities of an activities by the Bureau from designated Authority: 5 U.S.C. 301; 18 U.S.C. 1512, funds (for example, the Trust Fund). 3621, 3622, 3624, 4001, 4005, 4042, 4081, individual inmate organization. The The proposed regulations have been 4082 (Repealed in part as to offenses staff sponsor’s duties are performed generally revised for the sake of committed on or after November 1, 1987), while in official duty status. organization and clarity. The regulations 4161–4166 (Repealed as to offenses § 551.33 Dues. contain specific procedures for the committed on or after November 1, 1987), approval/disapproval of an organization 5006–5024 (Repealed October 12, 1984 as to Dues may be collected if they are offenses committed after that date), 5039; 28 or requested activities. The provisions U.S.C. 509, 510; Pub. L. 99–500 (sec. 209); 28 required by a National Chapter, are for dues have been amended to ensure CFR 0.95–0.99; Attorney General’s August 6, collected by that same National Chapter, that monies do not accrue to an 1991 Guidelines for Victim and Witness and the rate and method of collection individual inmate organization. Finally, Assistance. have been approved by the Warden. No 54290 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Proposed Rules portion of the dues may be kept by the (6) Other pertinent information approval. The inmate organization is to inmate organization for use at the requested by the Warden. receive written notice of the proposed institution. The organization may not (b) The Warden may approve the suspension sanction and shall have the make payment of dues a requirement of request if the activity: opportunity to respond to the Warden. membership for an inmate who lacks (1) Does not conflict with scheduled Continued non-compliance with Bureau funds. inmate work or program activities; policy shall result in an increase in the (2) Has confirmation of staff severity of the suspension sanction, and § 551.34 Organization activities. supervision; may include withdrawal of approval for (a) An officer of the inmate (3) Can be appropriately funded when the organization. organization must submit a written applicable (see § 551.35); request for approval of an activity to the § 551.35 Funding. (4) Does not conflict with the security, Warden or designee. Activities include, good order, or discipline of the The Bureau of Prisons may fund but are not limited to, meetings, guest institution. approved activities of inmate speakers, sports competitions, banquets, (c) When an activity requires the organizations subject to the availability community programs, or purchase of expenditure of government funds, the of designated funds. items intended for use by inmates in the Warden ordinarily shall require institution which are in addition to § 551.36 Accountability for accumulated those ordinarily furnished by the reimbursement from non-inmate funds. participants (guests or members). government. Activities may not include Effective January 1, 1996 through (d) Each inmate organization shall be fund-raising projects. The request must March 31, 1996, all inmate responsible for maintaining accurate include: organizations must close-out, in records of its activities. (1) Name of the organization; accordance with Bureau policy and (e) The activities of an inmate (2) Nature or purpose of the activity; generally accepted accounting organization may be suspended (3) Date, time, and estimated duration principles, the operation of any funds temporarily due to noncompliance with of the activity (if appropriate); previously accumulated by them. (4) Estimated cost (if appropriate); Bureau policy. The IOM is responsible (5) Information concerning guest for recommending the specific [FR Doc. 95–25912 Filed 10–19–95; 8:45 am] participation; suspension sanction for the Warden’s BILLING CODE 4410±05±P i
Reader Aids Federal Register Vol. 60, No. 203 Friday, October 20, 1995
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 12974) ...... 51876 Laws 3 CFR 12958 (See Order of Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: October 13, 1995)...... 53845 For additional information 523±5227 6828...... 51877 12973...... 51665 6829...... 51879 Presidential Documents 12974...... 51875 6830...... 52291 12975...... 52063 Executive orders and proclamations 523±5227 6831...... 52827 12976...... 52829 The United States Government Manual 523±5227 6832...... 53097 Administrative Orders: Other Services 6833...... 53099 Memorandums: 6834...... 53101 September 29, 1995...... 52061 Electronic and on-line services (voice) 523±4534 6835...... 53103 Privacy Act Compilation 523±3187 October 2, 1995...... 52821 6836...... 53105 October 3, 1995...... 52289 TDD for the hearing impaired 523±5229 6837...... 53107 October 10, 1995...... 53251 6838...... 53247 October 13, 1995...... 53845 ELECTRONIC BULLETIN BOARD 6839...... 53249 Presidential Determinations: 6840...... 53843 Free Electronic Bulletin Board service for Public Law numbers, No. 95±45 of 6841...... 54023 September 29, Federal Register finding aids, and list of documents on public 6842...... 54025 inspection. 202±275±0920 1995 ...... 52823 Executive Orders: No. 95±46 of FAX-ON-DEMAND 4410 (Revoked in part September 29, by PLO 7165)...... 52846 You may access our Fax-On-Demand service. You only need a fax 1995 ...... 53087 11145 (Continued by No. 95±47 of machine and there is no charge for the service except for long EO 12974)...... 51875 September 29, distance telephone charges the user may incur. The list of 11183 (Continued by 1995 ...... 53089 documents on public inspection and the daily Federal Register’s EO 12974)...... 51875 No. 95±48 of table of contents are available using this service. The document 11287 (Continued by September 29, numbers are 7050-Public Inspection list and 7051-Table of EO 12974)...... 51875 1995 ...... 53091 Contents list. The public inspection list will be updated 11776 (Continued by No. 95±49 of immediately for documents filed on an emergency basis. EO 12974)...... 51875 September 28, NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 12131 (Continued by 1995 ...... 53677 FILE AND NOT THE ACTUAL DOCUMENT. Documents on EO 12974)...... 51875 No. 95±50 of public inspection may be viewed and copied in our office located 12196 (Continued by September 30, at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand EO 12974)...... 51875 1995 ...... 53093 telephone number is: 301±713±6905 12216 (Continued by EO 12974)...... 51875 5 CFR FEDERAL REGISTER PAGES AND DATES, OCTOBER 12345 (Continued by 315...... 53503 EO 12974)...... 51875 532...... 51881 51321±51666...... 2 12367 (Continued by 870...... 51881 51667±51876...... 3 EO 12974)...... 51875 871...... 51881 51877±52062...... 4 12382 (Continued by 872...... 51881 EO 12974)...... 51875 52063±52290...... 5 874...... 51881 12844 (Revoked in 2608...... 51667 52291±52608...... 6 part by EO 2612...... 51667 52609±52830...... 10 12974) ...... 51876 2635...... 51667 52831±53100...... 11 12869 (Superseded by Proposed Rules: 53101±53246...... 12 EO 12974)...... 51876 251...... 51371 53247±53502...... 13 11871 (Continued by 531...... 53545 53503±53690...... 16 EO 12974)...... 51875 591...... 53716 53691±53846...... 17 11876 (Continued by 7 CFR 53847±54026...... 18 EO 12974)...... 51875 54027±54150...... 19 12878 (Revoked by 8...... 52293 54151±54290...... 20 EO 12974)...... 51876 301...... 52831, 52833 12882 (Continued by 400...... 51321 EO 12974)...... 51875 810...... 51667 12887 (See EO 916...... 52067 12974) ...... 51876 917...... 52067 12900 (Continued by 920...... 52834 EO 12974)...... 51875 982...... 51668 12901 (Amended by 1150...... 53253 EO 12973)...... 51665 1212...... 52835 12905 (Continued by 1443...... 51885 EO 12974)...... 51875 1477...... 52609 12912 (See EO 1478...... 52609 ii Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Reader Aids
1942...... 52838 53265, 53507, 53847, 54849, 101...... 52627 25 CFR 53851, 53853, 53855, 53857, 1980...... 52838, 53254 123...... 54187 163...... 52250 53859, 53860, 53862, 53864, 2610...... 52840 125...... 52294 164...... 51723 53866, 53868, 53869 2620...... 52842 141...... 52294 165...... 51723 Proposed Rules: 61...... 51850 144...... 52294 54...... 53283 63...... 51850 148...... 54187 26 CFR 65...... 51850 210...... 53117 300...... 51373 1...... 52077, 53126 71 ...... 52293, 52624, 52846, 318...... 51373 Proposed Rules: 31...... 53509 53870, 53871, 53872 985...... 52869 101...... 52347 52...... 52848 97...... 51715, 51717 1280...... 51737 201...... 51748 301...... 51724 107...... 51854, 53830 207...... 51748 1413...... 52634 602 ...... 52848, 53126, 53509 3015...... 53717 108 ...... 51850, 51854, 53830 121...... 51850, 52625 20 CFR Proposed Rules: 3016...... 53717 31...... 53561 3017...... 54103 125...... 52625 404...... 53267 3050...... 53717 135...... 51850, 52625 702...... 51346 27 CFR Proposed Rules: 703...... 51346 8 CFR 9...... 51896 39 ...... 51375, 51376, 51942, 21 CFR 204...... 54027 51944, 52130, 52131, 52636, 28 CFR 52870, 52872, 53148, 53150, 73...... 52628 208...... 52068 100...... 53480 0...... 53267 212...... 52068, 52248 53307, 53309, 53310, 53312, 2 ...... 51348, 51349, 51350 53314, 53548, 53550, 53552, 101...... 53480 214...... 52068, 52248 103...... 53480 501...... 53490 236...... 52068 53554, 53556, 53558, 53883, 549...... 52278 53888, 54202, 54203 104...... 53480 242...... 52068 105...... 53480 Proposed Rules: 71 ...... 51747, 52133, 52134, 245...... 52068, 52248 109...... 53480 52637, 52638, 52639, 53724, 16...... 51962 248...... 52068 137...... 53480 54205, 54206 549...... 54288 274a...... 52068 161...... 53480 77...... 53680 551...... 54289 299...... 52068 163...... 53480 173...... 54035 29 CFR 9 CFR 15 CFR 177...... 54188 4...... 51725 Proposed Rules: 773...... 54030 182...... 53480 1602...... 51350 94...... 52635 778...... 54030 184...... 54190 1910...... 52856 799...... 53698, 54030 186...... 53480 2610...... 53268 10 CFR Proposed Rules: 197...... 53480 2619...... 53269 50...... 53505 929...... 53890 200...... 53480 2622...... 53268 70...... 53505 937...... 53890 250...... 53480 2644...... 53272 72...... 53505 310...... 52474, 53480 2676...... 53269 16 CFR 355...... 52474 73...... 53507 Proposed Rules: 369...... 52474 905...... 54151 429...... 54185 Ch. XIV ...... 54207 500...... 53480 Proposed Rules: 436...... 51895 1625...... 51762 505...... 53480 50...... 51936 1500...... 53266 1910...... 54047 507...... 53480 52...... 51936, 53883 1700...... 53699 2615...... 52135 100...... 51936 508...... 53480 17 CFR 510...... 53480, 54193 30 CFR 11 CFR 36...... 51323 522...... 51718, 53509 558 ...... 53509, 53701, 54193 914...... 53511 100...... 52069 200...... 52626 570...... 53480 948...... 51900 106...... 52069 231...... 53458 Proposed Rules: 241...... 53458 573...... 53702 109...... 52069 601...... 53480 6...... 52640 271...... 53458 110...... 52069 620...... 53480 18...... 52640, 53891 114...... 52069 Proposed Rules: 630...... 53480 19...... 52640 230...... 53468 20...... 52640 12 CFR 640...... 53480 232...... 53468 650...... 53480 21...... 52640 229...... 51669 239...... 53468 660...... 53480 22...... 52640 701...... 51886 240 ...... 52792, 53468, 53832 680...... 53480 23...... 52640 722...... 51889 270...... 53152, 53468 700...... 53480 26...... 52640 Ch. XVIII ...... 54110 801...... 53480 27...... 52640 18 CFR 1805...... 54110 1310...... 53121 29...... 52640 1806...... 54110 2...... 53019 Proposed Rules: 33...... 52640 1815...... 54110 154...... 52960 2...... 53725 35...... 52640 Proposed Rules: 157...... 53019 330...... 52058 75...... 53891 Ch. II ...... 53546 158...... 53019 801...... 53560 206...... 51963 22...... 53962 201...... 53019 803...... 53560 906...... 53562 208...... 53692 250...... 53019 804...... 53560 934...... 53564 339...... 53692 260...... 53019 888...... 51946 938...... 53565 563...... 53692 284...... 53019 897...... 53560 943...... 53567, 53569 572...... 53692 357...... 53114 614...... 53692 381...... 53019 22 CFR 31 CFR 701...... 51936 382...... 53114 92...... 51719 515...... 54194 760...... 53692 385...... 53019 514...... 53122 Proposed Rules: Proposed Rules: Proposed Rules: 103...... 53316 14 CFR 35...... 52874 51...... 51760, 54103 25...... 53691 32 CFR 39 ...... 51321, 51703, 51705, 19 CFR 24 CFR 199...... 52078 51707, 51709, 51713, 52073, 10...... 52294 291...... 52296 311...... 54197 52618, 52620, 52622, 52843, 19...... 52294 Proposed Rules: 505...... 51918 52844, 53109, 53110, 53112, 54...... 52294 882...... 51658 706 ...... 52860, 53272, 54198 Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 / Reader Aids iii
2001...... 53492 498...... 52731 110...... 54106 Proposed Rules: Proposed Rules: 147...... 54106 32...... 51766 43 CFR 321...... 51764 148...... 54106 45...... 53319 723...... 53153 Public Land Orders: 150...... 54106 52...... 51766, 53319 7155...... 52731 151...... 54106 207...... 53573 33 CFR 7161...... 52631 153...... 54106 209...... 53573 100 ...... 52296, 52297, 53273 7162...... 52631 154...... 54106 215...... 53573, 53574 110...... 52103 7163...... 51734 160...... 52631, 54106 225...... 53319 117 ...... 51727, 51728, 51729, 7164...... 52864 161...... 54106 231...... 53320, 53321 51730, 51732, 52298, 53129, 7165...... 52864 162...... 54106 242...... 53573, 53575 53274 7166...... 53131 164...... 54106 252...... 53319, 53575 164...... 51733 7167...... 53131 167...... 54106 1510...... 51964 165...... 52103, 52861 7168...... 53131 169...... 54106 1532...... 51964 1552...... 51964 Proposed Rules: 44 CFR 170...... 54106 84...... 53726 171...... 53710 1553...... 51964 64...... 51360 110...... 53317 174...... 54106 1816...... 54208 65...... 54036, 54038 175...... 54106 1852...... 54208 162...... 53318 67...... 54039 187...... 53727 180...... 54106 Proposed Rules: 181...... 54106 49 CFR 36 CFR 67...... 54051 182...... 54106 183...... 54106 209...... 53133 223...... 53704 45 CFR 240...... 53133 1210...... 53514 184...... 54106 51±5...... 54199 188...... 54106 571...... 53280 572...... 53280 38 CFR 46 CFR 189...... 54106 190...... 54106 Proposed Rules: 1...... 53275 1...... 54106 107...... 53321, 53729 3 ...... 51921, 52862, 52863, 192...... 54106 2...... 54106 193...... 54106 110...... 53321 53276 5...... 54106 171...... 53321, 54008 20...... 51922 196...... 54106 6...... 54106 197...... 54106 172...... 53321 10...... 54106 40 CFR Proposed Rules: 173...... 53321, 54008 12...... 54106 Ch. I ...... 52143 174...... 53321 52 ...... 51351, 51354, 51923, 14...... 54106 25...... 52359 175...... 53321 52312 16...... 54106 552...... 53572 176...... 53321 58...... 52315 25...... 54106 177...... 53321 60...... 52329, 52331 28...... 54106 47 CFR 178...... 53321 61...... 52329, 52331 30...... 54106 179...... 53321 70...... 52332, 53872 31...... 54106 1...... 52865, 53277 571...... 53328 81 ...... 51354, 51360, 52336 32...... 54106 32...... 53544 1043...... 53894 125...... 53875 33...... 54106 36...... 53544 1160...... 53894 136...... 53529 34...... 54106 43...... 51366, 52865 180...... 52248 35...... 54106 61...... 52345, 52865 258...... 52337 39...... 54106 63...... 51366 50 CFR 271 ...... 51925, 52629, 53704, 50...... 54106 64...... 52105 23...... 52450 53707, 53708 52...... 54106 68...... 52105 32...... 52866 282...... 52343 53...... 54106 73 ...... 52105, 52106, 53278, 227...... 51928, 52121 300...... 51927 54...... 54106 53877, 53878 228...... 53139 Proposed Rules: 56...... 54106 76...... 51927, 52106 285...... 51932 50...... 52874 57...... 54106 97...... 53132 625...... 53281 51...... 51378, 52734 58...... 54106 Proposed Rules: 630...... 51933 52 ...... 51378, 51379, 51382, 59...... 54106 21...... 53891 651...... 51370 51964, 52348, 52351, 52352 61...... 54106 25...... 53891 672 ...... 51934, 51935, 52128, 60...... 52889 62...... 54106 36...... 52359 52632, 53714, 53881, 54200 63...... 53728 63...... 54106 61 ...... 52362, 52364, 53157 675 ...... 52129, 53147, 53881, 70...... 52890 69...... 54106 73 ...... 52144, 52641, 53892 54046 80...... 52135, 53157 70...... 54106 90...... 52894, 53893 677...... 53715 81...... 51382, 53729 71...... 54106 Proposed Rules: 82...... 51383, 52357 72...... 54106 48 CFR 14...... 53329 85...... 51378, 52734 75...... 54106 15...... 54045 17 ...... 51398, 51417, 51432, 86...... 52734, 53157 76...... 54106 915...... 52632 51436, 51443 89...... 53157 77...... 54106 916...... 52632 18...... 54210 136...... 53988 78...... 54106 970...... 52632 36...... 53576 261...... 54207 90...... 54106 1415...... 53278 222...... 51968 271...... 54207 91...... 54106 1426...... 53278 227...... 51968 300...... 51390, 51395 92...... 54106 1428...... 53278 301...... 51735 302...... 51765, 54207 93...... 54106 1452...... 53278 638...... 53730 355...... 51765 94...... 54106 1815...... 53878 642...... 53576 95...... 54106 1816...... 53878 649...... 54210 42 CFR 96...... 54106 1819...... 53880 650...... 54210 411...... 53876 97...... 54106 1822...... 52121 651...... 51978, 54210 414...... 53877 98...... 54106 1852...... 53878, 53880 652...... 54211 486...... 53877 107...... 54106 1870...... 53878 656...... 53577, 53907 489...... 52731, 53456 108...... 54106 1871...... 51368 676...... 51452, 53331