Pages 55079±55200 Vol. 61 10±24±96 No. 207 federal register October 24,1996 Thursday 1 II Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996

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How To Cite This Publication: Use the volume number and the page number. Example: 60 FR 12345.

2 III

Contents Federal Register Vol. 61, No. 207

Thursday, October 24, 1996

Agency for Health Care Policy and Research Meetings: NOTICES Drinking water contaminant identification method; Agency information collection activities: stakeholders, 55148–55149 Proposed collection; comment request, 55153 National Drinking Water Advisory Council, 55149–55150

Agriculture Department Export Administration Bureau See Food and Consumer Service NOTICES NOTICES Export privileges, actions affecting: Agency information collection activities: McCarthy, Walton W., 55130–55131 Submission for OMB review; comment request, 55130 Farm Credit System Insurance Corporation Census Bureau RULES NOTICES Federal claims collection: Surveys, determinations, etc.: Civil monetary penalties; inflation adjustment, 55079 Trade; annual, 55130 Federal Aviation Administration Commerce Department RULES See Census Bureau Airworthiness directives: See Export Administration Bureau Boeing, 55080 See National Oceanic and Atmospheric Administration British Aerospace, 55082–55084 RULES New Piper Aircraft, Inc., 55087–55088 Civil monetary penalties inflation adjustments, 55092– Short Brothers plc, 55084–55087 55095 Class E airspace, 55088–55092 PROPOSED RULES Commission of Fine Arts Class E airspace, 55121–55122 NOTICES NOTICES Meetings, 55134 Exemption petitions; summary and disposition, 55181 Meetings: Defense Department Aviation Rulemaking Advisory Committee, 55181–55182 See Navy Department NOTICES RTCA, Inc., 55182 Agency information collection activities: Federal Communications Commission Proposed collection; comment request, 55134–55135 Meetings: RULES Radio stations; table of assignments: Ballistic Missile Defense Advisory Committee, 55135 Hawaii, 55118 Defense Nuclear Facilities Safety Board Michigan, 55117 NOTICES Texas, 55117–55118 Meetings; Sunshine Act, 55136–55137 West Virginia, 55117 PROPOSED RULES Education Department Radio stations; table of assignments: NOTICES Kansas, 55125–55126 Grants and cooperative agreements; availability, etc.: Minnesota, 55124–55125 Individuals with disabilities— New Mexico, 55126 Research in education, etc.; correction, 55188 Federal Election Commission Energy Department NOTICES See Federal Energy Regulatory Commission Meetings; Sunshine Act, 55150

Environmental Protection Agency Federal Emergency Management Agency RULES PROPOSED RULES Acquisition regulations: Disaster assistance: Acquisition information exchange, past performance, Appeals procedures, 55122–55123 advisory and assistance services, and value Snow removal assistance, 55123–55124 engineering policies and procedures, 55118–55119 PROPOSED RULES Federal Energy Regulatory Commission Acquisition regulations: NOTICES Confidential business information; collection, use, access, Agency information collection activities: treatment, and disclosure; certification requirements Proposed collection; comment request, 55137–55138 removed, 55126–55127 Electric rate and corporate regulation filings: NOTICES Western Systems Power Pool et al., 55144–55146 Agency information collection activities: Environmental statements; availability, etc.: Proposed collection; comment request, 55147–55148 Thermalito Power Corp., 55146–55147 IV Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Contents

Stranded costs declaratory order petitions; new docket Food and Drug Administration prefix, 55147 PROPOSED RULES Applications, hearings, determinations, etc.: Food for human consumption: Algonquin Gas Transmission Co., 55138 Food labeling— ANR Pipeline Co., 55138 Free glutamate content of foods; label information Arkansas Western Pipeline Co., 55138 requirements; correction, 55122 Centra Pipelines Minnesota Inc., 55138–55139 NOTICES Cove Point LNG L.P., 55139 Medical devices; premarket approval: Eastern Shore Natural Gas Co., 55140 SELUTE Steroid Eluting Endocardial Lead (Models 4185 East Tennessee Natural Gas Co., 55139–55140 and 4285), 55153–55154 Equitrans, Inc., 55140–55141 Meetings: Equitrans, L.P., 55141 Advisory committees, panels, etc., 55154–55155 Florida Gas Transmission Co., 55141 Koch Gateway Pipeline Co., 55141–55142 General Services Administration Mississippi River Transmission Corp., 55142 NOTICES National Fuel Gas Supply Corp., 55142 Organization, functions, and authority delegations: Northern Natural Gas Co., 55142 Social Security Administration, Commissioner, 55152 Pacific Northwest Generating Cooperative, 55143 Paiute Pipeline Co., 55143 Health and Human Services Department Questar Pipeline Co., 55143 See Agency for Health Care Policy and Research Transwestern Pipeline Co., 55143 See Food and Drug Administration Williams Natural Gas Co., 55144 See Health Care Financing Administration See Health Resources and Services Administration Federal Highway Administration See National Institutes of Health NOTICES See Public Health Service Environmental statements; notice of intent: See Substance Abuse and Mental Health Services Atlantic County et al., NJ, 55182 Administration NOTICES Federal Housing Finance Board Meetings: NOTICES HIV/AIDS Presidential Advisory Council, 55152 Meetings; Sunshine Act, 55150 Scientific misconduct findings; administrative actions: Thomas, P.P.; correction, 55152 Federal Maritime Commission NOTICES Health Care Financing Administration Freight forwarder licenses; NOTICES S&M Moving Systems et al., 55150 Agency information collection activities: Proposed collection; comment request, 55155 Federal Railroad Administration Submission for OMB review; comment request, 55155– NOTICES 55156 Exemption petitions, etc.: Transcisco Rail Services Co., 55183 Health Resources and Services Administration Traffic control systems; discontinuance and removal: NOTICES Union Pacific Railroad Co. et al., 55183 Veterans Health Care Act: Limitation on prices of drugs purchased by covered Federal Reserve System entities— NOTICES Patient and entity eligibility, 55156–55158 Banks and bank holding companies: Formations, acquisitions and mergers, 55150–55151 Housing and Urban Development Department Permissible nonbanking activities, 55151 RULES Reporting and recordkeeping requirements, 55151–55152 Mortgage and loan insurance programs: Home equity conversion mortgage insurance Federal Trade Commission demonstration; mortgage balance definition, etc RULES Correction, 55188 Trade regulation rules: NOTICES Lubricating oil, previously used; deceptive advertising Grants and cooperative agreements; availability, etc.: and labeling; CFR part removed, 55095–55097 Public and Indian housing— East Texas; fair housing services center, 55167 Fine Arts Commission See Commission of Fine Arts Interior Department See Land Management Bureau Food and Consumer Service See National Park Service RULES Food stamp program: Internal Revenue Service Mickey Leland Childhood Hunger Relief Act; NOTICES implementation Agency information collection activities: Correction, 55188 Proposed collection; comment request, 55184–55185 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Contents V

Justice Department Marine Fisheries Advisory Committee, 55133–55134 NOTICES Permits: Pollution control; consent judgments: Marine mammals, 55134 Alaska Railroad Corp. et al., 55170–55171 M&V Electroplating Corp., 55171 National Park Service Telluride Co., 55171–55172 NOTICES Thomas, Kenneth L., et al., 55172 Concession contract negotiations: Vigeant, Joyce, 55172 Death Valley National Park, CA, 55169 John D. Rockefeller, Jr. Memorial Parkway et al., WY; Labor Department guided snowmobile tours and services, 55169 See Occupational Safety and Health Administration Environmental statements; availability, etc.: Land Management Bureau Manzanar National Historic Site, CA, 55169–55170 NOTICES Meetings: Meetings: Acadia National Park Advisory Commission, 55170 Resource advisory councils— New Mexico, 55167–55168 Navy Department Realty actions; sales, leases, etc.: NOTICES Nevada, 55168–55169 Environmental statements; availability, etc.: Base realignment and closure— National Aeronautics and Space Administration Naval Medical Center Oakland, CA, 55135–55136 NOTICES Agency information collection activities: Nuclear Regulatory Commission Proposed collection; comment request, 55172–55173 NOTICES Inventions, Government-owned; availability for licensing, Organization, functions, and authority delegations: 55173 Local public document room relocation and Patent licenses; non-exclusive, exclusive, or partially establishment— exclusive: Three Mile Island Nuclear Station et al., PA; temporary UbiquiTex Technologies Corp., 55173 service reduction, 55174–55175 Petitions; Director’s decisions: National Institutes of Health Northern States Power Co., 55175 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities: Pacific Gas & Electric Co., 55174 Proposed collection; comment request, 55158–55160 Submission for OMB review; comment request, 55160– Occupational Safety and Health Administration 55161 RULES Inventions, Government-owned; availability for licensing, State plans; development, enforcement, etc.: 55161–55162 Kentucky et al., 55098–55100 Meetings: Clinical Research Advisory Panel, 55162 Postal Rate Commission National Center for Human Genome Research, 55162 National Center for Research Resources, 55162 RULES National Heart, Lung, and Blood Institute, 55162–55163 Practice and procedure: National Institute of Dental Research, 55163 Revisions National Institute of Mental Health, 55163 Correction, 55100–55102 NOTICES National Institute on Alcohol Abuse and Alcoholism, Post office closings; petitions for appeal: 55163 Atlantic, ME, 55175 Research Grants Division special emphasis panels, 55164 Green Mountain, IA, 55175–55176 National Oceanic and Atmospheric Administration RULES Public Health Service Fishery conservation and management: See Agency for Health Care Policy and Research Alaska; fisheries of Exclusive Economic Zone— See Food and Drug Administration Pollock in 620 statistical area, 55119–55120 See Health Resources and Services Administration Tuna, Atlantic bluefin fisheries, 55119 See National Institutes of Health PROPOSED RULES See Substance Abuse and Mental Health Services Fishery conservation and management: Administration Caribbean, Gulf, and South Atlantic fisheries, 55128– RULES 55129 Fellowships, internships, training: Red hind spawning aggregations, 55127–55128 National Institute of Environmental Health Sciences NOTICES hazardous substances basic research and training Fishery conservation and management: grants, 55113–55116 Alaska; fisheries of Exclusive Economic Zone— National Institutes of Health training grants, 55110–55113 Electric reporting system; meeting, 55132 Grants: Grants and cooperative agreements; availability, etc.: National Institutes of Health center grants, 55106–55110 Gulf of Mexico fisheries disaster program, 55132–55133 Research projects grants, 55102–55106 Meetings: Interstate shipment of etiologic agents: Gulf of Mexico Fishery Management Council, 55131, Facilities transferring or receiving select infectious 55133 agents; additional requirements, 55190–55200 VI Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Contents

NOTICES Transportation Department Meetings: See Federal Aviation Administration National Toxicology Program; Scientific Counselors See Federal Highway Administration Board, 55165–55166 See Federal Railroad Administration See Research and Special Programs Administration Research and Special Programs Administration NOTICES Treasury Department Privacy Act: Systems of records, 55184 See Internal Revenue Service

Securities and Exchange Commission United States Information Agency NOTICES NOTICES Self-regulatory organizations; proposed rule changes: Grants and cooperative agreements; availability, etc.: American Stock Exchange, Inc., 55176–55178 Russia, Ukraine, and Uzbekistan; training programs; National Securities Clearing Corp., 55178–55180 correction, 55188 Applications, hearings, determinations, etc.: Home Network Unit Investment Trust, 55176 Veterans Affairs Department NOTICES Small Business Administration Agency information collection activities: NOTICES Proposed collection; comment request, 55185–55187 Agency information collection activities: Proposed collection; comment request, 55180–55181

State Department Separate Parts In This Issue NOTICES Meetings: Part II International Telecommunications Advisory Committee, Health and Human Sevices Department, 55190–55200 55181 Shipping Coordinating Committee, 55181 Reader Aids Substance Abuse and Mental Health Services Additional information, including a list of public laws, Administration telephone numbers, reminders, and finding aids, appears in NOTICES the Reader Aids section at the end of this issue. Meetings: Drug Testing Advisory Board, 55166–55167

Tennessee Valley Authority Electronic Bulletin Board RULES Free Electronic Bulletin Board service for Public Law Lobbying; new restrictions: numbers, Federal Register finding aids, and a list of Civil monetary penalties; inflation adjustment, 55097– documents on public inspection is available on 202–275– 55098 1538 or 275–0920. Federal Register / Vol. 62, No. 207 / Thursday, October 24, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

12 CFR 1411...... 55079 14 CFR 39 (5 documents) ...... 55080, 55082, 55084, 55085, 55087 71 (6 documents) ...... 55088, 55089, 55090, 55091 Proposed Rules: 71...... 55121 15 CFR 6...... 55092 25...... 55092 28...... 55092 16 CFR 406...... 55095 18 CFR 1315...... 55097 21 CFR Proposed Rules: 101...... 55122 29 CFR 1952...... 55098 39 CFR 3001...... 55100 42 CFR 52...... 55102 52a...... 55106 54a...... 55106 63a...... 55110 65a...... 55113 72...... 55190 44 CFR Proposed Rules: 206 (2 documents) ...... 55122, 55123 47 CFR 73 (4 documents) ...... 55117, 55118 Proposed Rules: 73 (3 documents) ...... 55124, 55125 48 CFR 1505...... 55118 1514...... 55118 1537...... 55118 1548...... 55118 1552...... 55118 Proposed Rules: 1535...... 55126 1552...... 55126 50 CFR 285...... 55119 679...... 55119 Proposed Rules: 622 (2 documents) ...... 55127, 55128 55079

Rules and Regulations Federal Register Vol. 61, No. 207

Thursday, October 24, 1996

This section of the FEDERAL REGISTER the rate of inflation pursuant to the adjusts these two CMPs to the rate of contains regulatory documents having general inflation adjustment formula in section inflation, as required by the DCIA. applicability and legal effect, most of which 5(b) of the FCMPIA Act. Each Federal DCIA provides Federal agencies with are keyed to and codified in the Code of agency is required to publish the no discretion about how to adjust CMPs Federal Regulations, which is published under adjusted penalty to implement the DCIA 50 titles pursuant to 44 U.S.C. 1510. to the rate of inflation, and it also by October 23, 1996, which is 180 days requires the inflation adjusted penalty The Code of Federal Regulations is sold by after the date that DCIA was enacted, to take effect on October 23, 1996. This the Superintendent of Documents. Prices of and at least once every 4 years regulation, implementing DCIA as new books are listed in the first FEDERAL thereafter. Section 7 of the amended required, is minor, technical, and REGISTER issue of each week. FCMPIA Act specifies that only CMPs noncontroversial. For these reasons, the for violations that occur after October Corporation finds good cause to 23, 1996 will be adjusted for inflation. determine that public notice and FARM CREDIT SYSTEM INSURANCE The inflation adjustment is based on comment for this new regulation is CORPORATION the percentage increase in the Consumer unnecessary, impractical, and contrary Price Index 4 (CPI) for the period from 12 CFR Part 1411 to the public interest, pursuant to the June of the calendar year when the CMP Administrative Procedure Act (APA), 5 RIN 3055±AA05 was last set until June of the calendar U.S.C. 553(a)(3)(B). The same rationale year preceding the adjustment. provides the Corporation with good Rules of Practice and Procedure; Furthermore, each CMP that has been cause to adopt an effective date for this Adjusting Civil Money Penalties for adjusted for inflation must be rounded regulation that is less than 30 days after Inflation to a number prescribed by section 5(a) the date of publication in the Federal of the FCMPIA Act. Another provision AGENCY: Farm Credit System Insurance Register and prior to filing any reports of the DCIA specifies that the first Corporation. called for in the Small Business adjustment of a CMP may not exceed 10 ACTION: Final rule. Regulatory Enforcement Fairness Act, 5 percent of the original penalty. U.S.C. 801–808. SUMMARY: The Farm Credit System Two provisions of section 5.65 of the List of Subjects in 12 CFR Part 1411 Insurance Corporation (Corporation) Farm Credit Act of 1971, as amended (Act) authorize the Corporation to through its Board (Board) adopts a final Banks, banking, Civil money impose CMPs on Farm Credit System regulation that adjusts each civil money penalties, Penalties. penalty (CMP) under its jurisdiction by (System) insured banks. First, section the rate of inflation using the formula 5.65(c) specifies that any insured For the reasons stated in the prescribed in the Debt Collection System bank that willfully fails or preamble, part 1411 of chapter XIV, title Improvement Act of 1996 (DCIA). This refuses to file any certified statement or 12 of the Code of Federal Regulations is statute requires all Federal agencies to pay any premium required under part E added to read as follows: adjust each CMP by the rate of inflation of the Act shall be subject to a penalty of $100 for each day that the violation PART 1411ÐRULES OF PRACTICE and publish the adjustment within 180 AND PROCEDURE days after enactment of DCIA and at continues. 12 U.S.C. 2277a–14(c). least once every 4 years thereafter. Any Second, section 5.65(d) makes it Authority: Secs. 5.58(10), 5.65(c) and (d) of increase in a CMP shall apply only to unlawful for anyone convicted of a the Farm Credit Act (12 U.S.C. 2277a–7(10), violations that occur after the effective criminal offense involving dishonesty or 2277a–14(c) and (d)). date of this regulation. a breach of trust to serve as a director, officer, or employee of any System Subpart AÐRules and Procedures for EFFECTIVE DATE: October 23, 1996. institution, without the prior written Assessment and Collection of Civil FOR FURTHER INFORMATION CONTACT: consent of the Farm Credit Money Penalties Dorothy L. Nichols, General Counsel, Administration. 12 U.S.C. 2277a–14(d). Farm Credit System Insurance § 1411.1 Inflation adjustment of civil For a willful violation of this section, money penalties for failure to file a certified Corporation, McLean, VA 22102–5090, the Corporation may subject the (703) 883–4211, TDD (703) 883–4444. statement, pay any premium required or institution to a penalty of $100 for each obtain approval before employment of 1 SUPPLEMENTARY INFORMATION: DCIA day that the violation continues. persons convicted of criminal offenses. amended the Federal Civil Monetary The maximum penalty that the Penalties Inflation Adjustment Act of Corporation can impose under section A civil money penalty imposed 1990 2 (FCMPIA Act) by requiring every 5.65 (c) and (d) of the Act for a violation pursuant to section 5.65(c) or (d) of the Federal agency to adjust each CMP 3 by of these provisions is $110 per day, Act for a violation occurring on or after when it is adjusted for inflation, October 23, 1996 shall not exceed $110 1 Pub. L. 104–134, 31001(s), 110 Stat. 1321–358, pursuant to the requirements of the per day for each day the violation (Apr. 26, 1996). This provision is codified at 28 DCIA. The Corporation now adopts in continues. U.S.C. 2461 note. Dated: October 18, 1996. 2 Pub. L. 101–410, 104 Stat. 890, (Oct. 5, 1990). final a new § 1411.1. This regulation 3 Section 3(2) of the amended FCMPIA Act Floyd Fithian, defines a CMP as any penalty, fine, or other Federal law; and (3) is assessed or enforced Secretary, Farm Credit System Insurance sanction that: (1) Either is for a specific monetary pursuant to an administrative proceeding or a civil Corporation Board. amount as provided by Federal law or has a action in the Federal courts. maximum amount provided for by Federal law; (2) 4 The CPI is published by the Department of [FR Doc. 96–27248 Filed 10–23–96; 8:45 am] is assessed or enforced by an agency pursuant to Labor, Bureau of Statistics. BILLING CODE 6710±01±P 55080 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION 98055–4056; telephone (206) 227–2783; configuration, and has revised NOTE 4 fax (206) 227–1181. of the final rule, accordingly. Federal Aviation Administration SUPPLEMENTARY INFORMATION: A Request to Delete 5 and 1⁄2 year proposal to amend part 39 of the Federal 14 CFR Part 39 Compliance Time for Category 3 Aviation Regulations (14 CFR part 39) Airplanes [Docket No. 96±NM±25±AD; Amendment by superseding AD 96–03–02 R1, 39±9783; AD 96±21±06] amendment 39–9526 (61 FR 7694, One commenter notes that the compliance time for repair/replacement RIN 2120±AA64 February 29, 1996), which is applicable to certain Boeing Model 767 series for Category 3 airplanes, as specified in Airworthiness Directives; Boeing airplanes, was published in the Federal paragraph (e)(1) of the proposed rule, Model 767 Series Airplanes Register on May 14, 1996 (61 FR 24250). indicates that those actions are to be The action proposed to supersede AD accomplished ‘‘prior to the AGENCY: Federal Aviation 96–03–02 R1 to continue to require accumulation of 5 and 1⁄2 years since the Administration, DOT. various inspections and various follow- MLG outer cylinders were new or last ACTION: Final rule. on actions to detect cracking and overhauled, or within 18 months after corrosion of the aft trunnion of the outer the effective date of the AD.’’ However, SUMMARY: This amendment supersedes cylinder of the MLG. The action also the commenter points out that, since the an existing airworthiness directive (AD), proposed to require repair of the outer age of the outer cylinders are applicable to certain Boeing 767 series cylinder and replacement of the determined from the date of February airplanes, that currently requires bushings in the aft trunnion and 16, 1996, there will never be a situation inspections and various follow-on crossbolt of the MLG with new in which a Category 3 cylinder will actions to detect cracking and corrosion bushings. reach 5 and 1⁄2 years of age within 18 of the aft trunnion of the outer cylinder Interested persons have been afforded months from the effective date of the of the main landing gear (MLG). That an opportunity to participate in the final rule. Therefore, the commenter action also provides for the optional making of this amendment. Due requests that reference to the 5 and 1⁄2- termination of the inspections by consideration has been given to the year compliance time be deleted. repairing the outer cylinder and comments received. The FAA concurs, and has revised installing new aft trunnion bushings. Support for the Proposed Rule paragraph (e)(1) of the final rule That AD was prompted by reports of accordingly. failure of several MLG due to fracture of Two commenters support the the aft trunnion outer cylinder. This proposal. Request to Add Requirements for amendment requires operators to Follow-on Actions Request to Limit the Applicability of the implement the previously optional AD One commenter notes that the terminating action. The actions compliance time for repetitive One commenter, the manufacturer, specified by this AD are intended to inspections specified in paragraph (a) of requests that the applicability of the AD prevent the collapse of the MLG due to the proposal requires inspections at be revised to reflect line numbers 1 stress corrosion cracking of the aft intervals specified in Boeing Alert through 605, instead of line numbers 1 trunnion of the outer cylinder. Service Bulletin 767–32A0151, dated through 609. The manufacturer states DATES: Effective November 29, 1996. November 30, 1995. The commenter that line numbers 606 through 609 were The incorporation by reference of states that the proposed compliance reworked on the production line to certain publications listed in the time (of within 18 months after the incorporate the terminating action regulations is approved by the Director effective date of the AD) for the of the Federal Register as of November specified by the proposed AD. The FAA concurs, and the terminating action required by 29, 1996. paragraph (e) of this AD would permit The incorporation by reference of applicability of the final rule has been revised accordingly. a period of time (approximately 5 to 6 certain other publications listed in the months) in which Category 3 airplanes regulations was approved previously by Request to Refer to the Revised CMM would not be required to perform any the Director of the Federal Register as of The manufacturer states that the inspections. Therefore, the commenter February 16, 1996 (61 FR 3552, current wording of the proposed rule requests that the proposed rule be February 1, 1996). indicates that the Component revised to require certain follow-on ADDRESSES: The service information Maintenance Manual (CMM) contains actions until the terminating action referenced in this AD may be obtained only one acceptable configuration for required by paragraph (e) of the from Boeing Commercial Airplane certain associated procedures; proposed rule is accomplished. Group, P.O. Box 3707, Seattle, specifically, that of plugging the aft The FAA does not concur. Two other Washington 98124–2207. This trunnion lubrication fitting. The AD’s [namely, AD 95–19–10, information may be examined at the manufacturer states that the CMM has amendment 39–9372 (60 FR 47689, Federal Aviation Administration (FAA), been revised since the issuance of the September 14, 1995); and AD 95–20–51, Transport Airplane Directorate, Rules proposed rule and now includes another amendment 39–9398 (60 FR 53109, Docket, 1601 Lind Avenue, SW., acceptable configuration. The October 12, 1995)] currently exist that Renton, Washington; or at the Office of alternative configuration entails not require similar inspections to detect the Federal Register, 800 North Capitol plugging the aft trunnion lubrication cracking and corrosion and certain other Street, NW., suite 700, Washington, DC. fitting. The manufacturer, therefore, follow-on actions of the aft trunnion of FOR FURTHER INFORMATION CONTACT: requests that the proposed rule be the outer cylinder of the MLG. The FAA James G. Rehrl, Aerospace Engineer, revised to reflect the inclusion of both has determined that the subject unsafe Airframe Branch, ANM–120S, Seattle configurations in the CMM. condition will be positively addressed Aircraft Certification Office, FAA, The FAA concurs. The FAA considers by those actions in the interim until the Transport Airplane Directorate, 1601 that either of the two configurations terminating action of this AD is Lind Avenue, SW., Renton, Washington specified by the CMM is an acceptable accomplished. Therefore, the FAA finds Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55081 that it is unnecessary to add additional this AD is estimated to be $4,518,000 or a new airworthiness directive (AD), inspection requirements in this AD. $22,590 per airplane. amendment 39–9783, to read as follows: Request to Reference Later Revisions of The cost impact figures discussed 96–21–06 Boeing: Amendment 39–9783. Cited Service Bulletins above are based on assumptions that no Docket 96–NM–25–AD. Supersedes AD operator has yet accomplished any of 96–03–02 R1, Amendment 39–9526. The manufacturer stated that it has Applicability: Model 767 series airplanes revised Boeing Service Bulletin 767– the requirements of this AD action, and that no operator would accomplish having line numbers 001 through 605 32A0151 and Boeing Service Bulletin inclusive, on which the terminating action 767–32A0148 to provide further those actions in the future if this AD required by paragraph (e) of this AD has not clarification of the inspection and was not adopted. been accomplished; certificated in any modification procedures. Therefore, the Regulatory Impact category. manufacturer requests that the FAA Note 1: This AD applies to each airplane refer to these later revisions as being The regulations adopted herein will identified in the preceding applicability acceptable methods of compliance with not have substantial direct effects on the provision, regardless of whether it has been the AD. States, on the relationship between the otherwise modified, altered, or repaired in The FAA concurs. The FAA has the area subject to the requirements of this national government and the States, or AD. For airplanes that have been modified, reviewed and approved Revision 1 of on the distribution of power and altered, or repaired so that the performance both service bulletins, each dated responsibilities among the various of the requirements of this AD is affected, the October 10, 1996, and has revised the levels of government. Therefore, in owner/operator must request approval for an AD to cite these revisions as an accordance with Executive Order 12612, alternative method of compliance in additional source of service information. it is determined that this final rule does accordance with paragraph (g) of this AD. not have sufficient federalism The request should include an assessment of Request to Correct Referenced AD the effect of the modification, alteration, or Number implications to warrant the preparation repair on the unsafe condition addressed by of a Federalism Assessment. One commenter requests that the this AD; and, if the unsafe condition has not reference to ‘‘AD 93–03–02 R1’’ in For the reasons discussed above, I been eliminated, the request should include paragraph (h)(2) of the proposed rule be certify that this action (1) is not a specific proposed actions to address it. corrected to read ‘‘AD 96–03–02 R1.’’ ‘‘significant regulatory action’’ under Compliance: Required as indicated, unless The FAA has noted this typographical Executive Order 12866; (2) is not a accomplished previously. To prevent the collapse of the main error and has revised paragraph (h)(2) of ‘‘significant rule’’ under DOT landing gear (MLG) due to stress corrosion the final rule accordingly. Regulatory Policies and Procedures (44 cracking of the aft trunnion of the outer FR 11034, February 26, 1979); and (3) Conclusion cylinder, accomplish the following: will not have a significant economic (a) Perform the inspections described in After careful review of the available impact, positive or negative, on a paragraph III, Accomplishment Instructions, data, including the comments noted substantial number of small entities of Boeing Alert Service Bulletin 767– above, the FAA has determined that air under the criteria of the Regulatory 32A0151, dated November 30, 1995, or Revision 1, dated October 10, 1996, to detect safety and the public interest require the Flexibility Act. A final evaluation has adoption of the rule with the changes cracking and corrosion of the aft trunnion of been prepared for this action and it is the outer cylinder of the MLG at the time previously described. The FAA has contained in the Rules Docket. A copy determined that these changes will specified in paragraph (a)(1), (a)(2), or (a)(3) of it may be obtained from the Rules of this AD, as applicable. These inspections neither increase the economic burden Docket at the location provided under are to be accomplished in accordance with on any operator nor increase the scope the caption ADDRESSES. Figure 1 of the alert service bulletin. Repeat of the AD. these inspections thereafter at the intervals Cost Impact List of Subjects in 14 CFR Part 39 specified in that alert service bulletin. To determine the category in which an airplane There are approximately 605 Boeing Air transportation, Aircraft, Aviation falls, the age of the outer cylinder of the MLG Model 767 series airplanes of the safety, Incorporation by reference, is to be calculated as of February 16, 1996, affected design in the worldwide fleet. Safety. (the effective date of AD 96–03–02 R1, The FAA estimates that 200 airplanes of amendment 39–9526). For airplanes on U.S. registry will be affected by this Adoption of the Amendment which the age of the right MLG differs from the age of the left MLG, an operator may proposed AD. Accordingly, pursuant to the place the airplane into a category that is the The actions that are currently authority delegated to me by the higher (numerically) of the two categories to required by AD 96–03–02 R1, and Administrator, the Federal Aviation ease its administrative burden, and to retained in this AD, take approximately Administration amends part 39 of the simplify the recordkeeping requirements 34 work hours per airplane to Federal Aviation Regulations (14 CFR imposed by this AD. Once the category into accomplish, at an average labor rate of which an airplane falls is determined, part 39) as follows: $60 per work hour. Based on these operators must obtain approval from the figures, the cost impact on U.S. Manager, Seattle Aircraft Certification Office PART 39ÐAIRWORTHINESS (ACO), FAA, Transport Airplane Directorate, operators of the actions currently DIRECTIVES required is estimated to be $408,000, or to move that airplane into another category. Note 2: The broken (dash) lines used in $2,040 per airplane. 1. The authority citation for part 39 The new actions that are required by Figure 1 of Boeing Alert Service Bulletin continues to read as follows: 767–32A0151, dated November 30, 1995, and this AD action will take approximately Authority: 49 U.S.C. 106(g), 40113, 44701. Revision 1, dated October 10, 1996, denote 218 work hours per airplane to ‘‘go to’’ actions for findings of discrepancies accomplish, at an average labor rate of § 39.13 [Amended] detected during any of the inspections $60 per work hour. Required parts will required by this AD. cost approximately $9,510 per airplane. 2. Section 39.13 is amended by Note 3: Boeing Alert Service Bulletin 767– Based on these figures, the cost impact removing amendment 39–9526 (61 FR 32A0151, dated November 30, 1995, and on U.S. operators of the requirements of 7694, February 29, 1996), and by adding Revision 1, dated October 10, 1996, refer to 55082 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

Boeing Alert Service Bulletin 767–32A0148, requirements of this AD, AD 95–19–10, or 1995, and Boeing Service Bulletin 767– dated December 21, 1995, and Revision 1, AD 95–20–51. The use of either configuration 32A0148, Revision 1, dated October 10, 1996. dated October 10, 1996, for procedures to specified in the CMM is considered to be the The incorporation by reference of Boeing repair the outer cylinder and replace the operator’s prerogative. Alert Service Bulletin 767–32A0151, dated bushings in the outer cylinder of the MLG (1) For airplanes identified as Category 3 in November 30, 1995, and Boeing Alert Service with new bushings. paragraph I.C. of Boeing Alert Service Bulletin 767–320148, dated December 21, (1) For airplanes identified as Category 3 in Bulletin 767–32A0151, dated November 30, 1995, was approved previously by the paragraph I.C. of Boeing Alert Service 1995, or Revision 1, dated October 10, 1996: Director of the Federal Register, in Bulletin 767–32A0151, dated November 30, Accomplish the repair and replacement accordance with 5 U.S.C. 552(a) and 1 CFR 1995, or Revision 1, dated October 10, 1996: within 18 months after the effective date of part 51, as of February 16, 1996 (61 FR 3552, Perform the initial inspections within 30 this AD. February 1, 1996). The incorporation by days after February 16, 1996 (the effective (2) For airplanes identified as either reference of Boeing Service Bulletin 767– date of AD 96–03–02 R1, amendment 39– Category 1 or Category 2 in paragraph I.C. of 32A0151, Revision 1, dated October 10, 1996, 9526). Boeing Alert Service Bulletin 767–32A0151, and Boeing Service Bulletin 767–32A0148, (2) For airplanes identified as Category 2 in dated November 30, 1995, or Revision 1, Revision 1, dated October 10, 1996, was paragraph I.C. of Boeing Alert Service dated October 10, 1996: Accomplish the approved by the Director of the Federal Bulletin 767–32A0151, dated November 30, repair and replacement at the time specified Register in accordance with 5 U.S.C. 552(a) 1995, or Revision 1, dated October 10, 1996: in either paragraph (e)(2)(i) or (e)(2)(ii) of this and 1 CFR part 51. Copies may be obtained Perform the initial inspections within 90 AD: from Boeing Commercial Airplane Group, days after February 16, 1996. (i) Prior to the accumulation of 5-and-1⁄2 P.O. Box 3707, Seattle, Washington 98124– (3) For airplanes identified as Category 1 in years since the MLG outer cylinders were 2207. Copies may be inspected at the FAA, paragraph I.C. of Boeing Alert Service new or last overhauled, or within 18 months Transport Airplane Directorate, 1601 Lind Bulletin 767–32A0151, dated November 30, after the effective date of this AD, whichever Avenue, SW., Renton, Washington; or at the 1995, or Revision 1, dated October 10, 1996: occurs later. Or, Office of the Federal Register, 800 North Perform the initial inspections prior to the (ii) Prior to the accumulation of 7 years Capitol Street, NW., suite 700, Washington, accumulation of 2–1⁄2 years since the MLG since the MLG outer cylinders were new or DC. outer cylinder was new or last overhauled, or last overhauled, provided that (j) This amendment becomes effective on within 150 days after February 16, 1996, accomplishment of visual and non- November 29, 1996. whichever occurs later. destructive testing (NDT) inspections at the Issued in Renton, Washington, on October (b) If no cracking or corrosion is detected times specified in Figure 1 of the during the inspections required by paragraph Accomplishment Instructions of Boeing Alert 10, 1996. (a) of this AD, accomplish the follow-on Service Bulletin 767–32A0151, dated S.R. Miller, actions described in the Boeing Alert Service November 30, 1995, or Revision 1, dated Acting Manager, Transport Airplane Bulletin 767–32A0151, November 30, 1995, October 10, 1996, are repeated until the Directorate, Aircraft Certification Service. or Revision 1, dated October 10, 1996, at the repair and replacement are accomplished. [FR Doc. 96–26722 Filed 10–23–96; 8:45 am] time specified in the alert service bulletin. (f) Accomplishment of the inspection BILLING CODE 4910±13±U These follow-on actions are to be requirements of this AD (in accordance with accomplished in accordance with that alert Boeing Alert Service Bulletin 767–32A0151, service bulletin. dated November 30, 1995, or Revision 1, (c) If any cracking is detected during the dated October 10, 1996) is considered 14 CFR Part 39 inspections required by paragraph (a) of this acceptable for compliance with AD 95–19– AD, prior to further flight, replace the outer 10, amendment 39–9372; and AD 95–20–51, [Docket No. 96±NM±41±AD; Amendment cylinder with a new or serviceable outer amendment 39–9398. 39±9786; AD 96±21±09] cylinder in accordance with Boeing Alert (g)(1) An alternative method of compliance RIN 2120±AA64 Service Bulletin 767–32A0151, dated or adjustment of the compliance time that November 30, 1995, or Revision 1, dated provides an acceptable level of safety may be Airworthiness Directives; British October 10, 1996. used if approved by the Manager, Seattle (d) If any corrosion is detected during the ACO. Operators shall submit their requests Aerospace Model BAe 146 Series inspections required by paragraph (a) of this through an appropriate FAA Principal Airplanes and Model Avro 146±RJ AD, accomplish the follow-on actions at the Maintenance Inspector, who may add Series Airplanes time specified in the ‘‘Corrosion Flowchart,’’ comments and then send it to the Manager, in Figure 1 of Boeing Alert Service Bulletin Seattle ACO. AGENCY: Federal Aviation Administration, DOT. 767–32A0151, dated November 30, 1995, or Note 5: Information concerning the Revision 1, dated October 10, 1996. The existence of approved alternative methods of ACTION: Final rule. follow-on actions are to be accomplished in compliance with this AD, if any, may be accordance with that alert service bulletin. obtained from the Seattle ACO. SUMMARY: This amendment adopts a (e) At the time specified in either (2) Alternative methods of compliance, new airworthiness directive (AD), paragraph (e)(1) or (e)(2), as applicable, repair approved in accordance with AD 96–03–02, applicable to all British Aerospace the outer cylinder and replace the bushings amendment 39–9497; AD 96–03–02 R1, Model BAe 146 series airplanes and in the aft trunnion and crossbolt of the MLG amendment 39–9526; AD 95–19–10, certain Model Avro 146–RJ series with new bushings, in accordance with amendment 39–9372; or AD 95–20–51, Boeing Alert Service Bulletin 767–32A0148, airplanes, that requires a one-time amendment 39–9398; are approved as inspection to detect corrosion of the dated December 21, 1995, or Revision 1, alternative methods of compliance with this dated October 10, 1996. Accomplishment of AD. direction link subassembly of the main this repair and replacement constitutes (h) Special flight permits may be issued in landing gear (MLG) assembly, and repair terminating action for this AD, and for the accordance with sections 21.197 and 21.199 or replacement of the direction link requirements of AD 95–19–10, amendment of the Federal Aviation Regulations (14 CFR subassembly with a serviceable unit, if 39–9372; and AD 95–20–51, amendment 39– 21.197 and 21.199) to operate the airplane to necessary. This amendment is prompted 9398. a location where the requirements of this AD by a report of failure of the direction Note 4: Boeing Alert Service Bulletin 767– can be accomplished. link subassembly due to corrosion. The 32A0148 refers to Component Maintenance (i) The actions shall be done in accordance actions specified by this AD are Manual (CMM) 32–11–40 for certain with Boeing Alert Service Bulletin 767– intended to prevent such failures, which procedures. Operators should note that this 32A0151, dated November 30, 1995; Boeing AD does not require that one or the other of Service Bulletin 767–32A0151, Revision 1, can result in directional control the two configurations/actions be dated October 10, 1996; Boeing Alert Service problems of the airplane during landing. accomplished in order to terminate the Bulletin 767–32A0148, dated December 21, DATES: Effective November 29, 1996. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55083

The incorporation by reference of the required actions, and that the PART 39ÐAIRWORTHINESS certain publications listed in the average labor rate is $60 per work hour. DIRECTIVES regulations is approved by the Director Based on these figures, the cost impact of the Federal Register as of November of the AD on U.S. operators is estimated 1. The authority citation for part 39 29, 1996. to be $9,360, or $180 per airplane. continues to read as follows: ADDRESSES: The service information The cost impact figure discussed Authority: 49 U.S. C. 106(g), 40113, 44701. referenced in this AD may be obtained above is based on assumptions that no § 39.13 [Amended] from British Aerospace Regional operator has yet accomplished any of Aircraft Limited, Avro International the requirements of this AD action, and 2. Section 39.13 is amended by Aerospace Division, Customer Support, that no operator would accomplish adding the following new airworthiness Woodford Aerodrome, Woodford, those actions in the future if this AD directive: Cheshire SK7 1 QR, England. This were not adopted. 96–21–09 British Aerospace Regional information may be examined at the Should an operator be required to Aircraft Limited, Avro International Federal Aviation Administration (FAA), accomplish the replacement of the link Aerospace Division (Formerly British Transport Airplane Directorate, Rules Aerospace, plc; British Aerospace subassembly, it will be accomplished Commercial Aircraft Limited): Docket, 1601 Lind Avenue, SW., concurrently with the required Renton, Washington; or at the Office of Amendment 39–9786. Docket 96–NM– inspection and take approximately no 41–AD. the Federal Register, 800 North Capitol more work hours than the inspection Street, NW., suite 700, Washington, DC. Applicability: All Model BAe 146 series itself. Replacement parts will cost airplanes and Model Avro 146–RJ series FOR FURTHER INFORMATION CONTACT: Tim approximately $8,200 per airplane. airplanes, as listed in British Aerospace Backman, Aerospace Engineer, Based on these figures, the cost impact Service Bulletin SB.32–143, dated August 22, Standardization Branch, ANM–113, of any necessary replacement action is 1995; certificated in any category. FAA, Transport Airplane Directorate, estimated to be $8,200 per airplane. Note 1: This AD applies to each airplane 1601 Lind Avenue, SW., Renton, identified in the preceding applicability Washington 98055–4056; telephone Regulatory Impact provision, regardless of whether it has been (206) 227–2797; fax (206) 227–1149. The regulations adopted herein will otherwise modified, altered, or repaired in the area subject to the requirements of this SUPPLEMENTARY INFORMATION: A not have substantial direct effects on the AD. For airplanes that have been modified, proposal to amend part 39 of the Federal States, on the relationship between the altered, or repaired so that the performance Aviation Regulations (14 CFR part 39) to national government and the States, or of the requirements of this AD is affected, the include an airworthiness directive (AD) on the distribution of power and owner/operator must request approval for an that is applicable to all British responsibilities among the various alternative method of compliance in Aerospace Model BAe 146 series levels of government. Therefore, in accordance with paragraph (g) of this AD. airplanes and certain Model Avro 146– accordance with Executive Order 12612, The request should include an assessment of RJ series airplanes was published in the it is determined that this final rule does the effect of the modification, alteration, or Federal Register on August 12, 1996 (61 not have sufficient federalism repair on the unsafe condition addressed by FR 41755). That action proposed to this AD; and, if the unsafe condition has not implications to warrant the preparation been eliminated, the request should include require a one-time visual inspection to of a Federalism Assessment. specific proposed actions to address it. detect corrosion of the direction link For the reasons discussed above, I Compliance: Required as indicated, unless subassembly of the main landing gear certify that this action (1) Is not a accomplished previously. (MLG) assembly, and repair or ‘‘significant regulatory action’’ under To prevent failure of the direction link replacement of the direction link Executive Order 12866; (2) is not a subassembly of the main landing gear (MLG), subassembly with a serviceable part, if ‘‘significant rule’’ under DOT which could result in reduced directional necessary. That action also proposed to Regulatory Policies and Procedures (44 control of the airplane during landing, accomplish the following: require certain follow-on procedures FR II 034, February 26, 1979); and (3) (application of a jointing compound to (a) For airplanes that have accumulated will not have a significant economic 8,000 or more landings on the MLG assembly the threads of the direction link tube) if impact, positive or negative, on a light surface corrosion is detected or if as of the effective date of this AD, or on substantial number of small entities which the MLG assembly was manufactured no corrosion is detected. under the criteria of the Regulatory or last overhauled within 4 years prior to the Interested persons have been afforded Flexibility Act. A final evaluation has effective date of this AD: Perform a visual an opportunity to participate in the been prepared for this action and it is inspection to detect corrosion of the direction making of this amendment. Due contained in the Rules Docket. A copy link subassembly of the MLG assembly at the consideration has been given to the of it may be obtained from the Rules later of the times specified in paragraph (a)(1) or (a)(2) of this AD, in accordance with single comment received. Docket at the location provided under The commenter supports the British Aerospace Service Bulletin SB.32– the caption ADDRESSES. proposed rule. 143, dated August 22, 1995. List of Subjects in 14 CFR Part 39 Note 2: British Aerospace Service Bulletin Conclusion SB.32–143, dated August 22, 1995, references After careful review of the available Air transportation, Aircraft, Aviation Messier-Dowty Service Bulletin 146–32–127, data, including the comment noted safety, Incorporation by reference, dated August 21, 1995, as an additional above, the FAA has determined that air Safety. source of service information. (1) Prior to the accumulation of 12,000 safety and the public interest require the Adoption of the Amendment adoption of the rule as proposed. total landings, or within 5 years since Accordingly, pursuant to the manufacture or last overhaul, whichever Cost Impact occurs first. Or authority delegated to me by the (2) Prior to the accumulation of 400 The FAA estimates that 52 airplanes Administrator, the Federal Aviation landings on the MLG assembly after the of U.S. registry will be affected by this Administration amends part 39 of the effective date of this AD, or within 2 months AD, that it will take approximately 3 Federal Aviation Regulations (14 CFR after the effective date of this AD, whichever work hours per airplane to accomplish part 39) as follows: occurs first. 55084 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

(b) For airplanes not subject to paragraph (i) The actions shall be done in accordance ADDRESSES: The service information (a) of this AD: Perform a visual inspection to with British Aerospace Service Bulletin referenced in this AD may be obtained detect corrosion of the direction link SB.32–143, dated August 22, 1995. This from Short Brothers plc, 2011 Crystal subassembly of the MLG assembly at the later incorporation by reference was approved by Drive, Suite 713, Arlington, Virginia of the times specified in paragraph (b)(1) or the Director of the Federal Register in (b)(2) of this AD, in accordance with British accordance with 5 U.S.C. 552(a) and 1 CFR 22202–3719. This information may be Aerospace Service Bulletin SB.32–143, dated part 5 1. Copies may be obtained from British examined at the Federal Aviation August 22, 1995. Aerospace Regional Aircraft Limited, Avro Administration (FAA), Transport (1) Prior to the accumulation of 4,000 International Aerospace Division, Customer Airplane Directorate, Rules Docket, landings on the MLG assembly after the Support, Woodford Aerodrome, Woodford, 1601 Lind Avenue, SW., Renton, effective date of this AD. Or Cheshire SK7 1QR, England. Copies may be Washington; or at the Office of the (2) Within 12 months after the effective inspected at the FAA, Transport Airplane Federal Register, 800 North Capitol date of this AD. Directorate, 1601 Lind Avenue, SW., Renton, Street, NW., suite 700, Washington, DC. (c) If no corrosion is found during the Washington; or at the Office of the Federal inspection required by paragraph (a) or (b) of Register, 800 North Capitol Street, NW., suite FOR FURTHER INFORMATION CONTACT: Greg this AD: Prior to further flight, perform the 700, Washington, DC. Dunn, Aerospace Engineer, follow-on actions in accordance with British (j) This amendment becomes effective on Standardization Branch, ANM–113, Aerospace Service Bulletin SB.32–143, dated November 29, 1996. FAA, Transport Airplane Directorate, August 22, 1995. Issued in Renton, Washington, on October 1601 Lind Avenue, SW., Renton, Note 3: ‘‘Follow-on actions,’’ as specified 10, 1996. Washington 98055–4056; telephone in this AD, include applying jointing S.R. Miller, (206) 227–2799; fax (206) 227–1149. compound to the threads; in some case, SUPPLEMENTARY INFORMATION: restoring the cadmium plate; and applying Acting Manager, Transport Airplane A sealant to the exposed threads and Directorate, Aircraft Certification Service. proposal to amend part 39 of the Federal castellations on the direction link [FR Doc. 96–26721 Filed 10–23–96; 8:45 am] Aviation Regulations (14 CFR part 39) to subassembly. These actions are described in BILLING CODE 4910±13±U include an airworthiness directive (AD) detail in Messier-Dowty Service Bulletin that is applicable to all Short Brothers 146–32–127, dated August 21, 1995. Model SD3–30 and SD3–SHERPA series (d) If light surface corrosion, as defined in 14 CFR Part 39 airplanes was published in the Federal British Aerospace Service Bulletin SB.32– Register on August 1, 1996 (61 FR 143, dated August 22, 1995, is detected [Docket No. 96±NM±07±AD; Amendment 40159). That action proposed to require 39±9785; AD 96±21±08] during the inspection required by paragraph inspections of the vertical fin-to- (a) of this AD: Prior to further flight, remove tailplane joint to detect any loose bolts; the corrosion and perform the follow-on RIN 2120±AA64 actions in accordance with the service and, if necessary, inspections to detect bulletin. Airworthiness Directives; Short elongation of bolt holes, and (e) If any corrosion is found during the Brothers Model SD3±30 and SD3± replacement with new bolts, if inspection required by paragraph (a) or (b) or SHERPA Series Airplanes necessary. Additionally, that action this AD, and that corrosion is beyond the proposed to require inspections of the limits specified in British Aerospace Service AGENCY: Federal Aviation upper shear angle to detect pulled or Bulletin SB.32–143, dated August 22, 1995: Administration, DOT. loose rivets, and replacement of the Prior to, further flight, replace the link ACTION: Final rule. shear angle using new rivets, if subassembly in accordance with the service necessary. bulletin. SUMMARY: This amendment adopts a Interested persons have been afforded (f) As of the effective date of this AD, no new airworthiness directive (AD), person shall install a MLG or directional link an opportunity to participate in the applicable to to all Short Brothers making of this amendment. No subassembly unless the inspection and Model SD3–30 and SD3–SHERPA series necessarv follow-on actions of the directional comments were submitted in response link subassembly specified in paragraphs (a), airplanes, that requires inspections of to the proposal or the FAA’s (b), (c), and (d) of this AD have been the vertical fin-to-tailplane joint to determination of the cost to the public. performed, in accordance with British detect any loose bolts; and, if necessary, Aerospace Service Bulletin SB.32–143, dated inspections to detect elongation of bolt Conclusion August 22, 1995. holes, and replacement with new bolts, The FAA has determined that air (g) An alternative method of compliance or if necessary. Additionally, this safety and the public interest require the adjustment of the compliance time that amendment requires inspections of the adoption of the rule as proposed. provides an acceptable level of safety may be upper shear angle to detect pulled or used if approved by the Manager, Manager, loose rivets, and replacement of the Cost Impact Standardization Branch, ANM–113, FAA, Transport Airplane Directorate. Operators shear angle using new rivets, if The FAA estimates that 66 Short shall submit their requests through an necessary. This amendment is prompted Brothers Model SD3–30 and SD3– appropriate FAA Principal Maintenance by reports of loose bolts in the vertical SHERPA series airplanes of U.S. registry Inspector, who may add comments and then fin-to-tailplane joint and pulled or loose will be affected by this AD, that it will send it to the Manager, Standardization rivets in an upper shear angle. The take approximately 74 work hours per Branch, ANM–113. actions specified by this AD are airplane to accomplish the required Note 4: Information concerning the intended to prevent reduced structural actions, and that the average labor rate existence of approved alternative methods of integrity of the vertical fin to tailplane is $60 per work hour. Based on these compliance with this AD, if any, may be joint due to such discrepancies of the figures, the cost impact of the AD on obtained from the Standardization Branch, bolts or rivets. ANM–113. U.S. operators is estimated to be DATES: Effective November 29, 1996. $293,040, or $4,440 per airplane. (h) Special flight permits may be issued in accordance with sections 21.197 and 21.199 The incorporation by reference of The cost impact figure discussed of the Federal Aviation Regulations (14 CFR certain publications listed in the above is based on assumptions that no 21.197 and 21.199) to operate the airplane to regulations is approved by the Director operator has yet accomplished any of a location where the requirements of this AD of the Federal Register as of November the requirements of this AD action, and can be accomplished. 29, 1996. that no operator would accomplish Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55085 those actions in the future if this AD repaired so that the performance of the provides an acceptable level of safety may be were not adopted. requirements of this AD is affected, the used if approved by the Manager, owner/operator must request approval for an Standardization Branch, ANM–113, FAA, Regulatory Impact alternative method of compliance in Transport Airplane Directorate. Operators The regulations adopted herein will accordance with paragraph (c) of this AD. shall submit their requests through an The request should include an assessment of appropriate FAA Principal Maintenance not have substantial direct effects on the the effect of the modification, alteration, or States, on the relationship between the Inspector, who may add comments and then repair on the unsafe condition addressed by send it to the Manager, Standardization national government and the States, or this AD; and, if the unsafe condition has not Branch, ANM–113. on the distribution of power and been eliminated, the request should include Note 2: Information concerning the responsibilities among the various specific proposed actions to address it. existence of approved alternative methods of levels of government. Therefore, in Compliance: Required as indicated, unless compliance with this AD, if any, may be accomplished previously. accordance with Executive Order 12612, obtained from the ANM–113. it is determined that this final rule does To prevent reduced structural integrity of the vertical fin to tailplane joint, accomplish (d) Special flight permits may be issued in not have sufficient federalism accordance with sections 21.197 and 21.199 implications to warrant the preparation the following: (a) Within 60 days after the effective date of the Federal Aviation Regulations (14 CFR of a Federalism Assessment. of this AD, perform a visual inspection to 21.197 and 21.199) to operate the airplane to For the reasons discussed above, I detect loose bolts in the vertical fin to a location where the requirements of this AD certify that this action (1) is not a tailplane joint, in accordance with Shorts can be accomplished. ‘‘significant regulatory action’’ under Service Bulletin SD330–55–18, dated April (e) The actions shall be done in accordance Executive Order 12866; (2) is not a 20, 1995 (for Model SD3–30 airplanes), or with Shorts Service Bulletin SD330–55–18, ‘‘significant rule’’ under DOT Shorts SD3 SHERPA Service Bulletin SD3 dated April 20, 1995, or Shorts SD3 SHERPA Regulatory Policies and Procedures (44 SHERPA–55–1, dated April 20, 1995 (for Service Bulletin SD3 SHERPA–55–1, dated FR 11034, February 26, 1979); and (3) Model SD3–SHERPA airplanes), as April 20, 1995, as applicable. This will not have a significant economic applicable. incorporation by reference was approved by (1) If no loose bolt is found, repeat the the Director of the Federal Register in impact, positive or negative, on a visual inspection thereafter at intervals not to accordance with 5 U.S.C. 552(a) and 1 CFR substantial number of small entities exceed 1,500 flight hours. part 51. Copies may be obtained from Short under the criteria of the Regulatory (2) If any loose bolt is detected, inspect the Brothers plc, 2011 Crystal Drive, Suite 713, Flexibility Act. A final evaluation has bolt for wear and distortion and inspect the Arlington, Virginia 22202–3719. Copies may been prepared for this action and it is hole for elongation, in accordance with the be inspected at the FAA, Transport Airplane contained in the Rules Docket. A copy applicable service bulletin. Directorate, 1601 Lind Avenue, SW., Renton, of it may be obtained from the Rules (i) If the bolt and hole are within the limits Washington; or at the Office of the Federal Docket at the location provided under specified by the applicable service bulletin, Register, 800 North Capitol Street, NW., suite the caption ADDRESSES. prior to further flight, refit the bolt with a 700, Washington, DC. new nut and washers, in accordance with the (f) This amendment becomes effective on List of Subjects in 14 CFR Part 39 applicable service bulletin. Repeat the visual November 29, 1996. inspection thereafter at intervals not to Air transportation, Aircraft, Aviation Issued in Renton, Washington, on October exceed 1,500 flight hours. 10, 1996. safety, Incorporation by reference, (ii) If the bolt is worn or distorted and the S.R. Miller, Safety. hole is within the limits specified by the Acting Manager, Transport Airplane Adoption of the Amendment applicable service bulletin, prior to further flight, replace the bolt, nut, and washers with Directorate, Aircraft Certification Service. Accordingly, pursuant to the a new bolt, a new nut, and new washers, in [FR Doc. 96–26719 Filed 10–23–96; 8:45 am] authority delegated to me by the accordance with the applicable service BILLING CODE 4910±13±U Administrator, the Federal Aviation bulletin. Repeat the visual inspection Administration amends part 39 of the thereafter at intervals not to exceed 1,500 Federal Aviation Regulations (14 CFR flight hours. 14 CFR Part 39 (iii) If the hole is elongated within the part 39) as follows: limits specified in the applicable service [Docket No. 96±NM±08±AD; Amendment PART 39ÐAIRWORTHINESS bulletin, prior to further flight, oversize the diameter of the hole, and replace the bolt, 39±9784; AD 96±21±07] DIRECTIVES nut, and washers with a new matching bolt, new nut, and new washers, in accordance 1. The authority citation for part 39 RIN 2120±AA64 continues to read as follows: with the applicable service bulletin. Repeat the visual inspection thereafter at intervals Authority: 49 U.S.C. 106(g), 40113, 44701. not to exceed 1,500 flight hours. Airworthiness Directives; Shorts Model (iv) If the hole is elongated beyond the SD3±30, ±60, and ±SHERPA Series § 39.13 [Amended] limits specified in the applicable service Airplanes 2. Section 39.13 is amended by bulletin, prior to further flight, repair in adding the following new airworthiness accordance with a method approved by the AGENCY: Federal Aviation directive: Manager, Standardization Branch, ANM–113, Administration, DOT. FAA, Transport Airplane Directorate. 96–21–08 Short Brothers, PLC: Amendment (b) Within 60 days after the effective date ACTION: Final rule. 39–9785. Docket 96–NM–07–AD. of this AD, perform a visual inspection to Applicability: All Model SD3–30 and SD3– detect looseness or pulling of the rivets of SUMMARY: This amendment adopts a SHERPA series airplanes, certificated in any attach shear angles SD3–32–0217/K and new airworthiness directive (AD), category. SD3–32–0218/K. If any looseness or pulling applicable to all Shorts Model SD3–30, of the rivets is detected, prior to further Note 1: This AD applies to each airplane –60, and –SHERPA series airplanes, that identified in the preceding applicability flight, replace the shear angle using oversize provision, regardless of whether it has been rivets, in accordance with the applicable requires a visual inspection to detect modified, altered, or repaired in the area service bulletin. signs of exfoliation corrosion on the subject to the requirements of this AD. For (c) An alternative method of compliance or brackets of the flap hydraulic units, and airplanes that have been modified, altered, or adjustment of the compliance time that rework or replacement of corroded 55086 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations brackets. This amendment is prompted per airplane to accomplish the required § 39.13 [Amended] by a report that exfoliation corrosion actions, at an average labor rate of $60 2. Section 39.13 is amended by was found on the brackets of the flap per work hour. Based on these figures, adding the following new airworthiness hydraulic units. The actions specified the cost impact of the AD on U.S. directive: by this AD are intended to prevent such operators is estimated to be $41,400, or 96–21–07 Short Brothers, PLC: Amendment corrosion, and consequent reduced $300 per airplane. 39–9784. Docket 96–NM–08–AD. structural integrity of the brackets of the The cost impact figure discussed Applicability: All Model SD3–30, –60, and flap hydraulic units, which could result above is based on assumptions that no –SHERPA series airplanes, certificated in any in the loss of the flap control and category. operator has yet accomplished any of consequent reduced controllability of Note 1: This AD applies to each airplane the airplane. the requirements of this AD action, and identified in the preceding applicability that no operator would accomplish DATES: Effective November 29, 1996. provision, regardless of whether it has been those actions in the future if this AD The incorporation by reference of modified, altered, or repaired in the area were not adopted. subject to the requirements of this AD. For certain publications listed in the airplanes that have been modified, altered, or regulations is approved by the Director Regulatory Impact repaired so that the performance of the of the Federal Register as of November requirements of this AD is affected, the 29, 1996. The regulations adopted herein will owner/operator must request approval for an ADDRESSES: The service information not have substantial direct effects on the alternative method of compliance in referenced in this AD may be obtained States, on the relationship between the accordance with paragraph (b) of this AD. from Short Brothers PLC, 2011 Crystal national government and the States, or The request should include an assessment of Drive, Suite 713, Arlington, Virginia on the distribution of power and the effect of the modification, alteration, or repair on the unsafe condition addressed by 22202–3719. This information may be responsibilities among the various this AD; and, if the unsafe condition has not examined at the Federal Aviation levels of government. Therefore, in been eliminated, the request should include Administration (FAA), Transport accordance with Executive Order 12612, specific proposed actions to address it. Airplane Directorate, Rules Docket, it is determined that this final rule does Compliance: Required as indicated, unless 1601 Lind Avenue, SW., Renton, not have sufficient federalism accomplished previously. Washington; or at the Office of the implications to warrant the preparation To prevent corrosion on the brackets of the flap hydraulic units, and consequent reduced Federal Register, 800 North Capitol of a Federalism Assessment. Street, NW., suite 700, Washington, DC. structural integrity of those brackets, which For the reasons discussed above, I could result in the loss of the flap control and FOR FURTHER INFORMATION CONTACT: Greg certify that this action (1) is not a consequent reduced controllability of the Dunn, Aerospace Engineer, ‘‘significant regulatory action’’ under airplane, accomplish the following: Standardization Branch, ANM–113, (a) Within 90 days after the effective date Executive Order 12866; (2) is not a FAA, Transport Airplane Directorate, of this AD, perform a visual inspection to 1601 Lind Avenue, SW., Renton, ‘‘significant rule’’ under DOT detect signs of exfoliation corrosion on the Washington 98055–4056; telephone Regulatory Policies and Procedures (44 brackets of the flap hydraulic units, in (206) 227–2799; fax (206) 227–1149. FR 11034, February 26, 1979); and (3) accordance with Shorts Service Bulletin will not have a significant economic SD330–27–34 (for Model SD3–30 series SUPPLEMENTARY INFORMATION: A impact, positive or negative, on a airplanes); Shorts Service Bulletin SD360– proposal to amend part 39 of the Federal 27–24 (for Model SD3–60 series airplanes); or Aviation Regulations (14 CFR part 39) to substantial number of small entities Short Service Bulletin SD3 SHERPA–27–1 include an airworthiness directive (AD) under the criteria of the Regulatory (for Model SD3–SHERPA series airplanes); that is applicable to all Shorts Model Flexibility Act. A final evaluation has all dated September 12, 1995; as applicable. SD3–30, –60, and –SHERPA series been prepared for this action and it is (1) If no corrosion is detected, accomplish airplanes was published in the Federal contained in the Rules Docket. A copy paragraph (a)(1)(i) or (a)(1)(ii) of this AD, as of it may be obtained from the Rules applicable. Register on July 12, 1996 (61 FR 36669). (i) For Model SD3–30 and –60 series That action proposed to require a visual Docket at the location provided under airplanes: Repeat the visual inspection inspection to detect signs of exfoliation the caption ADDRESSES. thereafter at intervals not to exceed 2,400 corrosion on the brackets of the flap hours or 12 months, whichever occurs first. List of Subjects in 14 CFR Part 39 hydraulic units, and rework or (ii) For Model SD3–SHERPA series replacement of corroded brackets. Air transportation, Aircraft, Aviation airplanes: Repeat the visual inspection thereafter at intervals not to exceed 12 Interested persons have been afforded safety, Incorporation by reference, an opportunity to participate in the months. Safety. (2) If any corrosion is detected and it is making of this amendment. No within the limits specified in the applicable comments were submitted in response Adoption of the Amendment service bulletin, prior to further flight, to the proposal or the FAA’s Accordingly, pursuant to the rework the subject area in accordance with determination of the cost to the public. the applicable service bulletin. After authority delegated to me by the accomplishment of the rework, accomplish Conclusion Administrator, the Federal Aviation paragraph (a)(2)(i) or (a)(2)(ii) of this AD, as The FAA has determined that air Administration amends part 39 of the applicable. safety and the public interest require the Federal Aviation Regulations (14 CFR (i) For Model SD3–30 and –60 series adoption of the rule as proposed. part 39) as follows: airplanes: Repeat the visual inspection thereafter at intervals not to exceed 600 hours Cost Impact PART 39ÐAIRWORTHINESS or 6 months, whichever occurs first. The FAA estimates that 138 airplanes DIRECTIVES (ii) For Model SD3–SHERPA series airplanes: Repeat the visual inspection (50 Model SD3–30 series airplanes, 72 thereafter at intervals not to exceed 6 months. Model SD3–60 series airplanes, and 16 1. The authority citation for part 39 (3) If any corrosion is detected and it is Model SD3–SHERPA series airplanes) of continues to read as follows: outside the limits specified in the applicable U.S. registry will be affected by this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. service bulletin, prior to further flight, It will take approximately 5 work hours replace the bracket with a new bracket in Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55087 accordance with the applicable service improved design on certain The New Comments bulletin. Piper Aircraft, Inc. (Piper) PA31, PA31P, (b) An alternative method of compliance or Interested persons have been afforded and PA31T series airplanes. This AD an opportunity to participate in the adjustment of the compliance time that action will require the same action as provides an acceptable level of safety may be making of this amendment. No used if approved by the Manager, AD 93–25–08. An incorrect designation comments were received on the Standardization Branch, ANM–113, FAA, of Piper Model PA31–310 airplanes proposed rule or the FAA’s Transport Airplane Directorate. Operators made in AD 93–25–08 prompted the determination of the cost to the public. shall submit their requests through an proposed AD action. The actions appropriate FAA Principal Maintenance specified by this AD are intended to The FAA’s Determination Inspector, who may add comments and then prevent the MLG from extending, when After careful review of all available send it to the Manager, Standardization not selected and while the airplane is in information related to the subject Branch, ANM–113. flight, caused by actuator reinforcement presented above, the FAA has Note 2: Information concerning the bracket failure, which could result in determined that air safety and the existence of approved alternative methods of substantial airplane damage or loss of public interest require the adoption of compliance with this AD, if any, may be the rule as proposed except for minor obtained from the Standardization Branch, control of the airplane. editorial corrections. The FAA has ANM–113. DATES: Effective December 16, 1996. (c) Special flight permits may be issued in determined that these minor corrections accordance with sections 21.197 and 21.199 The incorporation by reference of will not change the meaning of the AD of the Federal Aviation Regulations (14 CFR certain publications listed in the and will not add any additional burden 21.197 and 21.199) to operate the airplane to regulations is approved by the Director upon the public than was already a location where the requirements of this AD of the Federal Register as of December proposed. can be accomplished. 16, 1996. (d) The actions shall be done in accordance Cost Impact with Shorts Service Bulletin SD330–27–34, ADDRESSES: Service information that The FAA estimates that 2,448 dated September 12, 1995; Shorts Service applies to this AD may be obtained from airplanes in the U.S. registry will be Bulletin SD360–27–24, dated September 12, The New Piper Aircraft, Inc., Attn: affected by this AD, that it will take 4 1995; or Shorts Service Bulletin SD3 Customer Service, 2926 Piper Dr., Vero workhours per airplane to accomplish SHERPA–27–1; dated September 12, 1995; as Beach, Florida 32960. This information applicable. This incorporation by reference the inspection and that the average labor was approved by the Director of the Federal may also be examined at the Federal rate is approximately $60 an hour. Parts Register in accordance with 5 U.S.C. 552(a) Aviation Administration (FAA), Central cost approximately $308 per airplane. and 1 CFR part 51. Copies may be obtained Region, Office of the Assistant Chief Based on these figures, the total cost from Short Brothers PLC, 2011 Crystal Drive, Counsel, Attention: Rules Docket 95– impact of this AD on U.S. operators is Suite 713, Arlington, Virginia 22202–3719. CE–45–AD, Room 1558, 601 E. 12th estimated to be $1,341,504. This AD Copies may be inspected at the FAA, Street, Kansas City, Missouri 64106; or requires the same action as AD 93–25– Transport Airplane Directorate, 1601 Lind at the Office of the Federal Register, 800 08. The only difference between this AD Avenue, SW., Renton, Washington; or at the North Capitol Street, NW., suite 700, and AD 93–25–08 is the change in Office of the Federal Register, 800 North Washington, DC. model designation from PA31–310 to Capitol Street, NW., suite 700, Washington, PA31. With this in mind, the proposed DC. FOR FURTHER INFORMATION CONTACT: action would not provide any additional (e) This amendment becomes effective on Christina Marsh, Aerospace Engineer, cost impact upon U.S. operators over November 29, 1996. FAA, Atlanta Aircraft Certification that already required by AD 93–25–08. Issued in Renton, Washington, on October Office, Campus Building, 1701 10, 1996. Columbia Avenue, suite 2–160, College Regulatory Impact S.R. Miller, Park, Georgia 30337–2748; telephone The regulations adopted herein will Acting Manager, Transport Airplane (404) 305–7362; facsimile (404) 305– not have substantial direct effects on the Directorate, Aircraft Certification Service. 7348. States, on the relationship between the [FR Doc. 96–26718 Filed 10–23–96; 8:45 am] SUPPLEMENTARY INFORMATION: national government and the States, or BILLING CODE 4910±13±U on the distribution of power and Events Leading to This Action responsibilities among the various levels of government. Therefore, in 14 CFR Part 39 A proposal to amend part 39 of the accordance with Executive Order 12612, Federal Aviation Regulations (14 CFR [Docket No. 95±CE±45±AD; Amendment 39± it is determined that this final rule does 9788; AD 96±21±11] part 39) to include an AD that would not have sufficient federalism apply to Piper PA31, PA31P, and PA31T implications to warrant the preparation RIN 2120±AA64 series airplanes was published in the of a Federalism Assessment. Federal Register on May 3, 1996 (61 FR For the reasons discussed above, I Airworthiness Directives; The New 19865). This action would supersede Piper Aircraft, Inc. (Formerly Piper certify that this action (1) is not a AD 93–25–08 with a new AD that would ‘‘significant regulatory action’’ under Aircraft Corporation) PA31, PA31P, retain the same requirements as AD 93– and PA31T Series Airplanes Executive Order 12866; (2) is not a 25–08 and change the model ‘‘significant rule’’ under DOT AGENCY: Federal Aviation designation in the Applicability section Regulatory Policies and Procedures (44 Administration, DOT. from Piper Model PA31–310 airplanes FR 11034, February 26, 1979); and (3) to Piper Model PA31 airplanes. ACTION: Final rule will not have a significant economic Related Service Information impact, positive or negative, on a SUMMARY: This amendment supersedes substantial number of small entities Airworthiness Directive (AD) 93–25–08, Accomplishment of this action will be under the criteria of the Regulatory which currently requires replacing the in accordance with Piper Service Flexibility Act. A copy of the final main landing gear (MLG) actuator Bulletin (SB) No. 923, dated August 16, evaluation prepared for this action is reinforcement bracket with a part of 1989. contained in the Rules Docket. A copy 55088 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations of it may be obtained by contacting the alternative method of compliance in Issued in Kansas City, Missouri, on Rules Docket at the location provided accordance with paragraph (c) of this AD. October 10, 1996. under the caption ADDRESSES. The request should include an assessment of Marvin R. Nuss, the effect of the modification, alteration, or Acting Manager, Small Airplane Directorate, List of Subjects in 14 CFR Part 39 repair on the unsafe condition addressed by Aircraft Certification Service. this AD; and, if the unsafe condition has not Air transportation, Aircraft, Aviation [FR Doc. 96–26751 Filed 10–23–96; 8:45 am] safety, Incorporation by reference, been eliminated, the request should include specific proposed actions to address it. BILLING CODE 4910±13±U Safety. Compliance: Required within the next 200 Adoption of the Amendment hours time-in-service (TIS) after February 11, 14 CFR Part 71 Accordingly, pursuant to the 1994 (effective date of AD 93–25–08) or within the next 25 hours TIS after the [Airspace Docket No. 96±AAL±17] authority delegated to me by the effective date of this AD, whichever occurs Administrator, the Federal Aviation later, unless already accomplished. Revision of Class E Airspace; Port Administration amends part 39 of the To prevent the main landing gear (MLG) Heiden, AK Federal Aviation Regulations (14 CFR from extending, when not selected and while part 39) as follows: the airplane is in flight, because of actuator AGENCY: Federal Aviation reinforcement bracket failure, which could Administration (FAA), DOT. PART 39ÐAIRWORTHINESS result in substantial airplane damage or loss ACTION: Final rule. DIRECTIVES of control of the airplane, accomplish the following: 1. The authority citation for part 39 SUMMARY: This action revises Class E (a) Replace any MLG actuator airspace at Port Heiden Airport, AK. continues to read as follows: reinforcement bracket having part number (P/ The development of a Very High Authority: 49 U.S.C. 106(g), 40113, 44701. N) 40776–00 with a new MLG actuator reinforcement bracket, P/N 73786–02, in Frequency (VHF) omni-directional radio § 39.13 [Amended] accordance with the INSTRUCTIONS section range (VOR)/Distance Measuring 2. Section 39.13 is amended by of Piper Service Bulletin (SB) No. 923, dated Equipment (DME) instrument approach removing AD 93–25–08, Amendment August 16, 1989. to RWY 13 at Port Heiden, AK, has 39–8774, and by adding a new (b) Special flight permits may be issued in made this action necessary. The airworthiness directive (AD) to read as accordance with 14 CFR 21.197 and 21.199 intended effect of this action is to follows: to operate the airplane to a location where provide adequate controlled airspace for the requirements of this AD can be IFR operations at Port Heiden Airport, 96–21–11 The New Piper Aircraft, Inc.: accomplished. AK. Amendment 39–9788. Docket No. 95– (c) An alternative method of compliance or CE–45–AD; Supersedes AD 93–25–08, adjustment of the compliance time that EFFECTIVE DATE: 0901 UTC, January 30, Amendment 39–8774. provides an equivalent level of safety may be 1997. Applicability: The following Model and approved by the Manager, FAA, Atlanta FOR FURTHER INFORMATION CONTACT: serial number airplanes, certificated in any Aircraft Certification Office, Campus Robert van Haastert, System category. Building, 1701 Columbia Avenue, suite 2– Management Branch, AAL–538, Federal 160, College Park, Georgia 30337–2748. The Aviation Administration, 222 West 7th Model Serial No. request shall be forwarded through an appropriate FAA Maintenance Inspector, Avenue, Box 14, Anchorage, AK 99513– PA31, PA31±300, 31±2 through 31± who may add comments and then send it to 7587; telephone number (907) 271– and PA31±325. 8312019. the Manager, Atlanta Aircraft Certification 5863. Office. PA31±350 ...... 31±5001 through 31± SUPPLEMENTARY INFORMATION: 8553002. Note 2: Information concerning the PA31P ...... 31P±1 through 31P± existence of approved alternative methods of History 7730012. compliance with this AD, if any, may be On July 29, 1996, a proposal to amend PA31P±350 ...... 31P±8414001 through obtained from the Atlanta Aircraft part 71 of the Federal Aviation 31P±8414050. Certification Office. PA31T ...... 31T±7400001 through (d) Alternative methods of compliance Regulations (14 CFR part 71) to revise 31T±8120104. approved in accordance with AD 93–25–08 the Class E airspace at Port Heiden was PA31T1 ...... 31T±7804001 through (superseded by this action) are considered published in the Federal Register (61 31T±8304003 and approved as alternative methods of FR 39368). The development of a VOR/ 31T±1104004 compliance with this AD. DME instrument approach procedure to through 31T± (e) The replacement required by this AD RWY 13 at Port Heiden Airport, AK, has 1104017. shall be done in accordance with Piper made this action necessary. PA31T2 ...... 31T±8166001 through Service Bulletin No. 923, dated August 16, Interested parties were invited to 31T±8166076 and 1989. This incorporation by reference was participate in this rulemaking 31T±1166001 approved by the Director of the Federal through 31T± Register in accordance with 5 U.S.C. 552(a) proceeding by submitting written 1166008. and 1 CFR part 51. Copies may be obtained comments on the proposal to the FAA. PA31T3 ...... 31T±8275001 through from The New Piper Aircraft, Inc., Attn: No comments to the proposals were 31T±8475001 and Customer Service, 2926 Piper Dr., Vero received, thus, the rule is adopted as 31T±5575001. Beach, Florida, 32960. Copies may be written. inspected at the FAA, Central Region, Office The coordinates for this airspace Note 1: This AD applies to each airplane of the Assistant Chief Counsel, Room 1558, docket are based on North American identified in the preceding applicability 601 E. 12th Street, Kansas City, Missouri, or Datum 83. Class E airspace areas revision, regardless of whether it has been at the Office of the Federal Register, 800 designated as 700/1200 foot transition modified, altered, or repaired in the area North Capitol Street, NW., suite 700, subject to the requirements of this AD. For Washington, DC. areas are published in Paragraph 6005 of airplanes that have been modified, altered, or (f) This amendment supersedes AD 93–25– Federal Aviation Administration Order repaired so that the performance of the 08, Amendment 39–8774. 7400.9D, dated September 4, 1996, and requirements of this AD is affected, the (g) This amendment (39–9738) becomes effective September 16, 1996, which are owner/operator must request approval for an effective on December 16, 1996. incorporated by reference in 14 CFR Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55089

71.1 (61 FR 48403; September 13, 1996). AAL AK E5 Port Heiden, AK [Revised] request for comments in the Federal The Class E airspace designations listed Port Heiden Airport, AK Register on August 6, 1996 (152 FR in this document will be published (Lat. 56°57′32′′ N, long. 158°37′57′′ W) 40717). The FAA uses the direct final subsequently in the Order. Port Heiden NDB rulemaking procedure for a non- (Lat. 56°57′15′′ N, long. 158°38′56′′ W) controversial rule where the FAA The Rule Turnbull VOR/DME believes that there will be no adverse This amendment to part 71 of the (Lat. 56°57′04′′ N, long. 158°38′27′′ W) public comment. This direct final rule advised the public that no adverse Federal Aviation Regulations (14 CFR That airspace extending upward from 700 part 71) establishes Class E airspace feet above the surface within a 6.9-mile comments were anticipated, and that located at Port Heiden, AK, to provide radius of the Port Heiden Airport and within unless a written adverse comment or a controlled airspace extending upward 4 miles north and 8 miles south of the 248° written notice of intent to submit such from 700 feet AGL for aircraft executing bearing of the Port Heiden NDB extending an adverse comment, were received instrument landing and departing from the NDB to 20 miles west of the NDB within the comment period, the procedures. and within 8 miles west and 4 miles east of regulation would become effective on the Port Heiden NDB 339° bearing extending December 5, 1996. No adverse The Federal Aviation Administration from the NDB to 20 miles northwest of the has determined that these proposed comments were received, and thus this NDB; and that airspace extending upward notice confirms that this final rule will regulations only involve an established from 1200 feet above the surface within 13 body of technical regulations for which miles west and 4 miles east of the Port become effective on that date. frequent and routine amendments are Heiden NDB 339° bearing extending from 10 Issued in Kansas City, MO, on September necessary to keep them operationally miles north of the NDB to 25 miles north of 30, 1996. current. It, therefore—(1) Is not a the NDB and within 17 miles of the Turnbull Herman J. Lyons, Jr., VOR/DME extending clockwise from the ‘‘significant regulatory action’’ under ° ° Manager, Air Traffic Division, Central Region. Executive Order 12866; (2) is not a VOR/DME 213 radial to the VOR/DME 074 radial. [FR Doc. 96–27187 Filed 10–23–96; 8:45 am] ‘‘significant rule’’ under DOT BILLING CODE 4910±13±M Regulatory Policies and Procedures (44 * * * * * FR 11034; February 26, 1979); and (3) Issued in Anchorage, AK, on October 15, 1996. does not warrant preparation of a 14 CFR Part 71 regulatory evaluation as the anticipated Willis C. Nelson, impact is so minimal. Since this is a Manager, Air Traffic Division, Alaskan [Airspace Docket No. 96±AAL±18] routine matter that will only affect air Region. traffic procedures and air navigation, it [FR Doc. 96–27188 Filed 10–23–96; 8:45 am] Establishment of Class E Airspace; is certified that this rule will not have BILLING CODE 4910±13±P Anvik, AK a significant economic impact on a AGENCY: Federal Aviation substantial number of small entities Administration (FAA), DOT. under the criteria of the Regulatory 14 CFR Part 71 ACTION: Final rule. Flexibility Act. [Docket No. 96±ACE±12] List of Subjects in 14 CFR Part 71 SUMMARY: This action establishes Class Amendment to Class E Airspace, Knob E airspace at Anvik Airport, AK. The Airspace, Incorporation by reference, Noster, MO development of a non-directional Navigation (air). AGENCY: Federal Aviation beacon (NDB) instrument approach to Adoption of the Amendment Administration, DOT. RWY 35 at Anvik, AK, has made this action necessary. The airport status will ACTION: Direct final rule; confirmation of In consideration of the foregoing, the effective date. change from a visual flight rules (VFR) Federal Aviation Administration to an instrument flight rules (IFR) amends 14 CFR part 71 as follows: SUMMARY: This rule amends the Class E airport. The intended effect of this airspace area at Whiteman AFB, Knob action is to provide adequate controlled PART 71Ð[AMENDED] Noster, MO. A review of Class E airspace for IFR operations at Anvik airspace revealed a need to increase the Airport, AK. 1. The authority citation for 14 CFR airspace area to contain Instrument EFFECTIVE DATE Part 71 continues to read as follows: : 0901 UTC, January 30, Flight Rules (IFR) operations at 1997. Authority: 49 U.S.C. 40103, 40113, 40120; Whiteman AFB. The effect of this rule FOR FURTHER INFORMATION CONTACT: E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 is to provide additional controlled Robert van Haastert, System Comp., p. 389; 49 U.S.C. 106(g); 14 CFR airspace for aircraft executing the 11.69. Management Branch, AAL–538, Federal Standard Instrument Approach Aviation Administration, 222 West 7th § 71.1 [Amended] Procedures (SIAP) and for departing Avenue, Box 14, Anchorage, AK 99513– aircraft to transition into controlled 2. The incorporation by reference in 7587; telephone number (907) 271– airspace. 14 CFR 71.1 of Federal Aviation 5863. EFFECTIVE DATE: 0901 UTC December 5, Administration Order 7400.9D, Airspace SUPPLEMENTARY INFORMATION: Designations and Reporting Points, 1996. dated September 4, 1996, and effective FOR FURTHER INFORMATION CONTACT: History September 16, 1996, is amended as Kathy Randolph, Air Traffic Division, On July 31, 1996, a proposal to amend follows: Operations Branch, ACE–530C, Federal part 71 of the Federal Aviation * * * * * Aviation Administration, 601 East 12th Regulations (14 CFR part 71) to revise Paragraph 6005 Class E airspace extending Street, Kansas City, Missouri 64106: the Class E airspace at Anvik was upward from 700 feet or more above the telephone (816) 426–3408. published in the Federal Register (61 surface of the earth. SUPPLEMENTARY INFORMATION: The FAA FR 39920). The development of a NDB * * * * * published this direct final rule with a instrument approach procedure to RWY 55090 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

35 at Anvik Airport, AK, has made this Authority: 49 U.S.C. 40103, 40113, 40120; Management Branch, AAL–538, Federal action necessary. E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Aviation Administration, 222 West 7th Interested parties were invited to Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Avenue, Box 14, Anchorage, AK 99513– 11.69. participate in this rulemaking 7587; telephone number (907) 271– proceeding by submitting written § 71.1 [Amended] 5863. comments on the proposal to the FAA. 2. The incorporation by reference in SUPPLEMENTARY INFORMATION: No comments to the proposals were 14 CFR 71.1 of Federal Aviation received, thus, the rule is adopted as Administration Order 7400.9D, Airspace History written. Designations and Reporting Points, On July 2, 1996, a proposal to amend The coordinates for this airspace dated September 4, 1996, and effective part 71 of the Federal Aviation docket are based on North American September 16, 1996, is amended as Regulations (14 CFR part 71) to revise Datum 83. Class E airspace areas follows: the Class E airspace at Selawik was designated as 700/1200 foot transition * * * * * published in the Federal Register (61 areas are published in Paragraph 6005 of Paragraph 6005 Class E airspace extending FR 34396). The development of VOR Federal Aviation Administration Order upward from 700 feet or more above the and VOR/DME instrument approach 7400.9D, dated September 4, 1996, and surface of the earth. procedures to RWY 3 and 21 at Selawik effective September 16, 1996, which are * * * * * Airport, AK, has made this action incorporated by reference in 14 CFR AAL AK E5 Anvik, AK [New] necessary. 71.1 (61 FR 48403; September 13, 1996). Interested parties were invited to The Class E airspace designations listed Anvik Airport, AK (Lat. 62°38′55′′ N, long. 160°11′23′′ W) participate in this rulemaking in this document will be published proceeding by submitting written subsequently in the Order. That airspace extending upward from 700 feet above the surface within a 6.5-mile comments on the proposal to the FAA. The Rule radius of the Anvik Airport and 2.5 miles No comments to the proposals were each side of a 200° bearing from the airport received, thus, the rule is adopted as This amendment to part 71 of the extending from the 6.5-mile radius to 8 miles written. Federal Aviation Regulations (14 CFR southwest of the airport; and that airspace The coordinates for this airspace part 71) establishes Class E airspace extending upward from the 1,200 feet above docket are based on North American located at Anvik, AK, to provide the surface within an 18-mile radius of the Datum 83. Class E airspace areas controlled airspace extending upward airport clockwise from the 090° bearing to the 245° bearing. designated as 700/1200 foot transition from 700 feet AGL for aircraft executing areas are published in Paragraph 6005 of * * * * * instrument landing and departing Federal Aviation Administration Order procedures. The airport VFR status will Issued in Anchorage, AK, on October 15, 1996. 7400.9D, dated September 4, 1996, and change to IFR. effective September 16, 1996, which are The Federal Aviation Administration Willis C. Nelson, Manager, Air Traffic Division, Alaskan incorporated by reference in 14 CFR has determined that these proposed 71.1 (61 FR 48403; September 13, 1996). regulations only involve an established Region. [FR Doc. 96–27186 Filed 10–23–96; 8:45 am] The Class E airspace designations listed body of technical regulations for which in this document will be published BILLING CODE 4910±13±P frequent and routine amendments are subsequently in the Order. necessary to keep them operationally current. It, therefore—(1) is not a The Rule 14 CFR Part 71 ‘‘significant regulatory action’’ under This amendment to part 71 of the Executive Order 12866; (2) is not a [Airspace Docket No. 96±AAL±12] Federal Aviation Regulations (14 CFR ‘‘significant rule’’ under DOT part 71) establishes Class E airspace Regulatory Policies and Procedures (44 Establishment of Class E Airspace; located at Selawik, AK, to provide FR 11034; February 26, 1979); and (3) Selawik, AK controlled airspace extending upward does not warrant preparation of a AGENCY: Federal Aviation from 700 feet AGL for aircraft executing regulatory evaluation as the anticipated Administration (FAA), DOT. instrument landing and departing impact is so minimal. Since this is a ACTION: Final rule. procedures. The airport VFR status will routine matter that will only affect air change to IFR. traffic procedures and air navigation, it SUMMARY: This action establishes Class The Federal Aviation Administration is certified that this rule will not have E airspace at Selawik Airport, AK. The has determined that these proposed a significant economic impact on a development of a Very High Frequency regulations only involve an established substantial number of small entities (VHF) omni-directional radio range body of technical regulations for which under the criteria of the Regulatory (VOR) and VOR/Distance Measuring frequent and routine amendments are Flexibility Act. Equipment (DME) instrument necessary to keep them operationally approaches to RWY 3 and RWY 21 at List of Subjects in 14 CFR Part 71 current. It, therefore—(1) is not a Selawik, AK, have made this action ‘‘significant regulatory action’’ under Airspace, Incorporation by reference, necessary. The airport status will Executive Order 12866; (2) is not Navigation (air). change from a visual flight rules (VFR) a‘‘significant rule’’ under DOT Adoption of the Amendment to an instrument flight rules (IFR) Regulatory Policies and Procedures (44 airport. The intended effect of this FR 11034; February 26, 1979); and (3) In consideration of the foregoing, the action is to provide adequate controlled does not warrant preparation of a Federal Aviation Administration airspace for IFR operations at Selawik regulatory evaluation as the anticipated amends 14 CFR part 71 as follows: Airport, AK. impact is so minimal. Since this is a EFFECTIVE DATE: 0901 UTC, January 30, PART 71Ð[AMENDED] routine matter that will only affect air 1997. traffic procedures and air navigation, it 1. The authority citation for 14 CFR FOR FURTHER INFORMATION CONTACT: is certified that this rule will not have part 71 continues to read as follows: Robert van Haastert, System a significant economic impact on a Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55091 substantial number of small entities ACTION: Direct final rule; request for September 16, 1996, which is under the criteria of the Regulatory comments. incorporated by reference in 14 CFR Flexibility Act. 71.1. The Class E airspace designation SUMMARY: This action revises the Class listed in this document will be List of Subjects in 14 CFR Part 71 E airspace area at Old Town, ME published subsequently in this Order. Airspace, Incorporation by reference, (KOLD) to provide for adequate The Direct Final Rule Procedure Navigation (air). controlled airspace for those aircraft using the new GPS RWY 12 and GPS The FAA anticipates that this Adoption of the Amendment RWY 30 Instrument Approach regulation will not result in adverse or In consideration of the foregoing, the Procedures to Dewitt Field, Old Town negative comment, and, therefore, issues Federal Aviation Administration Municipal Airport. it as a direct final rule. The FAA has amends 14 CFR part 71 as follows: DATES: Effective 0901 UTC, December 5, determined that this regulation only 1996. involves an established body of PART 71Ð[AMENDED] Comments for inclusion in the Rules technical regulations for which frequent and routine amendments are necessary 1. The authority citation for 14 CFR Docket must be received on or before to keep them operationally current. Part 71 continues to read as follows: November 25, 1996. ADDRESSES: Send comments on the rule Unless a written adverse or negative Authority: 49 U.S.C. 40103, 40113, 40120; to: Manager, Operations Branch, ANE– comment, or a written notice of intent E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 530, Federal Aviation Administration, to submit an adverse or negative Comp., p. 389; 49 U.S.C. 106(g); 14 CFR comment is received within the 11.69. Docket No. 96–ANE–29, 12 New England Executive Park, Burlington, MA comment period, the regulation will § 71.1 [Amended] 01803–5299; telephone (617) 238–7530; become effective on the date specified 2. The incorporation by reference in fax (617) 238–7596. Comments may also above. After the close of the comment 14 CFR 71.1 of Federal Aviation be submitted electronically to the period, the FAA will publish a Administration Order 7400.9D, Airspace following Internet address: ‘‘neairspace- document in the Federal Register Designations and Reporting Points, [email protected]’’ Comments indicating that no adverse or negative dated September 4, 1996, and effective must indicate Docket No. 96–ANE–29 in comments were received and September 16, 1996, is amended as the subject line. confirming the date on which the final rule will become effective. If the FAA follows: The official docket file may be does receive, within the comment * * * * * examined in the Office of the Assistant Chief Counsel, New England Region, period, an adverse or negative comment, Paragraph 6005 Class E airspace extending ANE–7, Room 401, 12 New England or written notice of intent to submit upward from 700 feet or more above the Executive Park, Burlington, MA 01803– such a comment, a document surface of the earth. 5299; telephone (617) 238–7050; fax withdrawing the direct final rule will be * * * * * (617) 238–7055. published in the Federal Register, and a notice of proposed rulemaking may be AAL AK E5 Selawik, AK [New] An informal docket may also be published with a new comment period. Selawik Airport, AK examined during normal business hours (Lat. 66°36′00′′ N, long. 159°59′10′′ W) in the Air Traffic Division, Room 408, Comments Invited Selawik VOR/DME, AK by contacting the Manager, Operations ° ′ ′′ ° ′ ′′ Although this action is in the form of (Lat. 66 36 00 N, long. 159 59 30 W) Branch at the first address listed above. a direct final rule, and was not preceded That airspace extending upward from 700 FOR FURTHER INFORMATION CONTACT: by a notice of proposed rulemaking, feet above the surface within a 8-mile radius Joseph A. Bellabona, Operations Branch, interested persons are invited to of the Selawik Airport; and that airspace ANE–530.6, 12 New England Executive extending upward from 1,200 feet above the comment on this rule by submitting Park, Burlington, MA 01803–5299; such written data, views, or arguments surface within 6 miles north and 4 miles telephone (617) 238–7536; fax (617) south of the 231° radial of the Selawik VOR/ as they may desire. Communications DME extending from the 8-mile radius to 16 238–7596. should identify the Rules Docket miles southwest of the airport, and 6 miles SUPPLEMENTARY INFORMATION: New number and be submitted in triplicate to north of the 058° radial extending from the Standard Instrument Approach the address specified under the caption 8-mile radius to 16 miles northeast of the Procedures to Dewitt Field, Old Town ADDRESSES. All communications airport. Municipal Airport, the GPS RWY 12 received on or before the closing date * * * * * and GPS RWY 30 approaches, require for comments will be considered, and Issued in Anchorage, AK, on October 15, the amendment of Class E airspace this rule may be amended or withdrawn 1996. extending upward from 700 feet above in light of the comments received. Willis C. Nelson, the surface in the vicinity of Old Town, Factual information that supports the Manager, Air Traffic Division, Alaskan ME. This action provides adequate commenter’s ideas and suggestions is Region. controlled airspace for those aircraft extremely helpful in evaluating the [FR Doc. 96–27185 Filed 10–23–96; 8:45 am] using the new GPS RWY 12 or GPS effectiveness of this action and BILLING CODE 4910±13±P RWY 30 instrument approaches by determining whether additional extending the Class E airspace westerly rulemaking action would be needed. and easterly from the airport. In Comments are specifically invited on 14 CFR Part 71 addition, this action makes a minor the overall regulatory, economic, correction in the latitude position for environmental, and energy aspects of [Airspace Docket No. 96±ANE±29] the Bangor VORTAC. Class E airspace the rule that might suggest a need to Amendment of Class E Airspace; Old designations for airspace areas modify the rule. All comments Town, ME extending upward from 700 feet above submitted will be available, both before the surface of the earth are published in and after the closing date for comments, AGENCY: Federal Aviation paragraph 6005 of FAA Order 7400.9D, in the Rules Docket for examination by Administration (FAA), DOT. dated September 4, 1996, and effective interested persons. A report that 55092 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations summarizes each FAA-public contact dated September 4, 1996, and effective and at least once every four years concerned with the substance of this September 16, 1996, is amended as thereafter. The inflation adjustments action will be filed in the Rules Docket. follows: will apply only to violations that occur Commenters wishing the FAA to Paragraph 6005-Class E Airspace Areas after the effective date of this rule. acknowledge receipt of their comments Extending Upward from 700 Feet or more EFFECTIVE DATE: This rule is effective submitted in response to this rule must Above the Surface of the Earth October 23, 1996. submit a self-addressed, stamped * * * * * postcard on which the following FOR FURTHER INFORMATION CONTACT: ANE ME E5 Old Town, ME [Revised] Charles Yaple, 202–482–0232. statement is made: ‘‘Comments to Dewitt Field, Old Town Municipal Airport, Docket No. 96–ANE–29.’’ The postcard ME SUPPLEMENTARY INFORMATION: The will be date stamped and returned to the (lat. 44°57′10′′ N, long. 68°40′25′′ W) Federal Civil Penalties Inflation commenter. Bangor VORTAC Adjustment Act of 1990, (Pub. L. 101– (lat. 44°50′31′′ N, long. 68°52′26′′ W) 410), provided for the regular evaluation Agency Findings Old Town NDB of civil monetary penalties to ensure ° ′ ′′ ° ′ ′′ The regulations adopted herein will (lat. 44 00 24 N, long. 68 38 00 W) that they continued to maintain their not have substantial direct effects on the That airspace extending upward from 700 deterrent value and that penalty States, on the relationship between the feet above the surface within a 7.0-mile amounts due to the Federal Government national government and the States, or radius of Dewitt Field, Old Town Municipal were properly accounted for and Airport, and within 4.0 miles each side of the on the distribution of power and Old Town Municipal Airport 276° bearing collected. On April 26, 1996, the responsibilities among the various extending from the 7-mile radius to 10.2 Federal Civil Penalties Inflation levels of government. Therefore, in miles west of Old Town Municipal Airport, Adjustment Act of 1990 was amended accordance with Executive Order 12612, and within 4.0 miles each side of the Old by the Debt Collection Improvement Act it is determined that this final rule does Town Municipal Airport 097° bearing of 1996 (Public Law 104–134) to require not have sufficient federalism extending from the 7-mile radius to 9.5 miles each agency to issue regulations to implications to warrant the preparation east of Old Town Municipal Airport, and adjust its civil monetary penalties within 2.8 miles each side of the Old Town of a Federalism Assessment. ° (CMP) for inflation. The amendment The FAA has determined that this NDB 029 bearing extending from the 7-mile further provides that any resulting regulation is noncontroversial and radius to 9 miles northeast of the Old Town NDB, and within 4 miles each side of the increases in a CMP due to the inflation unlikely to result in adverse or negative Bangor VORTAC 050° radial extending from adjustment should apply only to the comments. For the reasons discussed in the 7-mile radius to 25 miles northeast of the violations that occur after October 23, the preamble, I certify that this VORTAC; excluding that airspace within the 1996. The first inflation adjustment of regulation (1) is not a ‘‘significant Bangor, ME, Class E airspace area. any penalty shall not exceed ten percent regulatory action’’ under Executive * * * * * of such penalty. Order 12866; (2) is not a ‘‘significant Issued in Burlington, MA, on October 11, A civil monetary penalty is defined as rule’’ under Department of 1996. any penalty, fine, or other sanction that: Transportation (DOT) Regulatory David J. Hurley, 1. Is for a specific monetary amount Policies and Procedures (44 FR 11034, Manager, Air Traffic Division, New England as provided by Federal law, or has a February 26, 1979); and (3) does not Region. maximum amount provided for by warrant preparation of a Regulatory [FR Doc. 96–27184 Filed 10–23–96; 8:45 am] Federal law; and, Evaluation as these routine matters will BILLING CODE 4910±13±M 2. Is assessed or enforced by an only affect air traffic procedures and air agency pursuant to Federal law; and, navigation. It is certified that these 3. Is assessed or enforced pursuant to proposed rules will not have significant DEPARTMENT OF COMMERCE an administrative proceeding or a civil economic impact on a substantial action in the Federal courts. number of small entities under the Office of the Secretary This regulation adjusts the civil criteria of the Regulatory Flexibility Act. penalties that are established by law and List of Subjects in 14 CFR Part 71 15 CFR Parts 6, 25, and 28 assessed or enforced by the Department. Airspace, Incorporation by reference, [Docket No. 961021291±6291±01] The actual penalty assessed for a Navigation (air). particular violation is dependent upon a RIN 0690±AA27 variety of factors. For example, the Adoption of the Amendment Civil Monetary Penalties; Adjustment NOAA Civil Administrative Penalty Accordingly, pursuant to the for Inflation Schedule (the Schedule), a compilation authority delegated to me, the Federal of internal guidelines that are used Aviation Administration amends part 71 AGENCY: Office of the Secretary, when assessing penalties for violations of the Federal Aviation Regulations (14 Commerce. for most of the statutes the National CFR part 71) as follows: ACTION: Final rule. Oceanic and Atmospheric Administration enforces, will be PART 71Ð[AMENDED] SUMMARY: This final rule is being issued adjusted in a manner consistent with to adjust each civil monetary penalty this regulation to maintain the deterrent 1. The authority citation for part 71 provided by law within the jurisdiction effect of the penalties recommended continues to read as follows: of the Department of Commerce (the therein. The penalty ranges in the Authority: 49 U.S.C. 106(g), 40103, 40113, Department). The Federal Civil Schedule are intended to aid 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Penalties Inflation Adjustment Act of enforcement attorneys in determining 1963 Comp., p.389. 1990, as amended by the Debt the appropriate penalty to assess for a 2. The incorporation by reference in Collection Improvement Act of 1996, particular violation. Pursuant to the 14 CFR 71.1 of Federal Aviation requires the head of each agency to notice published in the Federal Register Administration Order 7400.9D, Airspace adjust its civil monetary penalties for (59 FR 19160, April 22, 1994), the Designations and Reporting Points, inflation no later than October 23, 1996, Schedule is maintained and made Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55093 available for inspection by the public at October 23, 1996, and the Federal Civil Act, as amended by the Improvement specific locations. Monetary Penalty Inflation Adjustment Act. The inflation adjustment was Act of 1990, as amended by the Act, (d) Section Five means section 5 of the determined pursuant to the states how to calculate the inflation Inflation Adjustment Act. methodology prescribed by Public Law adjustment. This rule merely adjusts the (e) Department means the Department 101–410, which requires the maximum Department’s CMPs according to the of Commerce. CMP, or the minimum and maximum statutory requirements. The Department (f) Secretary means the Secretary of CMP, as applicable, to be increased by does not have any discretion in making the Department of Commerce. the cost-of-living adjustment. The term the adjustments. Because notice and (g) First Adjustments means the ‘‘cost-of-living’’ adjustment means the opportunity for comment are not inflation adjustments made by § 6.4 of percentage for each CMP by which the required by 5 U.S.C. 553, or any other this part which, as provided in § 6.5 of Consumer Price Index (CPI) for June of law, a Regulatory Flexibility Analysis is this part, are effective on October 23, the calendar year preceding the not required and was not prepared for 1996. adjustment exceeds the CPI for the purposes of the Regulatory Flexibility § 6.2 Purpose and scope. month of June of the calendar year in Act. This rule does not contain The purpose of this part is to make which the amount of such CMP was last information collection requirements for the inflation adjustment, described in set or adjusted pursuant to law. For the purposes of the Paperwork Reduction Section Five and required by Amended purpose of computing the First Act. Section Four, of each minimum and Adjustments, the CPI for June of the List of Subjects maximum civil monetary penalty calendar year preceding the adjustment provided by law within the jurisdiction means the CPI for June of 1995. 15 CFR Part 6 of the Department. The raw inflation adjustment amounts Law enforcement, Penalties. are required by Public Law 101–410 to § 6.3 Limitation on First Adjustments. be rounded as follows: 15 CFR Part 25 Each of the First Adjustments may not 1. If the increase is greater than $0 Administrative practice and exceed ten percent (10%) of the and less than or equal to $100, round to procedure, Fraud, Investigations, respective penalty being adjusted. the nearest multiple of $10. Organizations and functions 2. If the increase is greater than $100 (Government agencies), Penalties. § 6.4 Adjustments to penalties. and less than or equal to $1,000, round The civil monetary penalties provided to nearest multiple of $100. 15 CFR Part 28 by law within the jurisdiction of the 3. If the increase is greater than $1,000 Contract programs, Grant programs, respective agencies or bureaus of the and less than or equal to $10,000, round Loan programs, Lobbying, Penalties. Department, as set forth below in this to the nearest multiple of $1,000. section, are hereby adjusted in 4. If the increase is greater than Dated: October 18, 1996. Raymond G. Kammer, accordance with the inflation $10,000 and less than or equal to adjustment procedures prescribed in $100,000, round to the nearest multiple Acting, Chief Financial Officer and Assistant Secretary for Administration. Section Five, from the amounts of such of $5,000. penalties in effect prior to October 23, 5. If the increase is greater than For the reasons set forth in the 1996, to the amounts of such penalties, $100,000 and less than or equal to preamble, Title 15 of the Code of as thus adjusted. $200,000, round to the nearest multiple Federal Regulations is amended by (a) Bureau of Export Administration. of $10,000. adding part 6 and amending parts 25 (1) 50 U.S.C. app. 2410(c), Export 6. If the increase is greater than and 28 to read as follows: Administration Act,1 Non-national $200,000, round to the nearest multiple 1. Part 6 is added to read as follows: security violation: from $10,000 to of $25,000. PART 6ÐCIVIL MONETARY PENALTY $11,000. Public Law 101–410 requires each (2) 50 U.S.C. app. 2410(c), Export INFLATION ADJUSTMENTS rounded increase to be added to the Administration Act 1 and Section 38 minimum or maximum penalty amount Sec. Arms Export Control Act, National being adjusted, and the total is the 6.1 Definitions. security violation: from $100,000 to amount of such penalty, as adjusted, 6.2 Purpose and scope. $110,000. subject to the ten percent limitation 6.3 Limitation on First Adjustments. (3) 50 U.S.C. 1705(b), International provided by Public Law 104–134 for the 6.4 Adjustments to penalties. Emergency Economic Powers Act, as First Adjustments. 6.5 Effective date of adjustments. invoked by E.O. 12924 (August 19, 6.6 Subsequent adjustments. Rulemaking Requirements 1994) and E.O. 12938 (November 14, Authority: Sec. 4, as amended, and sec. 5, 1994), Export Administration Pub. L. 101–410, 104 Stat. 890 (28 U.S.C. It has been determined that this rule Regulation violation: from $10,000 to is not significant for purposes of 2461 note); Pub. L. 104–134, 110 Stat. 1321, 28 U.S.C. 2461 note. $11,000. Executive Order 12866. The Department (b) Economic Development for good cause finds that notice and § 6.1 Definitions. Administration. opportunity for comment and the 30- As used in this part: (1) 19 U.S.C. 2349, Trade Act of 1974, day delayed effective date are (a) Inflation Adjustment Act means False statement, etc.: from $5,000 to unnecessary (5 U.S.C. 553(b)(B) and 5 the Federal Civil Penalties Inflation $5,500. U.S.C. 553(d)(3)) for this rulemaking. It Adjustment Act of 1990 (Pub. L. 101– (2) 42 U.S.C. 3220(a), Public Works is unnecessary to ask for notice and 410, October 5, 1990, 104 Stat. 890, 28 and Economic Development Act of comment and delay the effective date U.S.C. 2461 note). 1965, False statement, etc.: from $10,000 because the Debt Collection (b) Improvement Act means the Debt to $11,000. Improvement Act of 1996 (the Act) Collection Improvement Act of 1996 (3) 42 U.S.C. 3220(b), Public Works requires the head of each agency to (Public Law 104–134, April 26, 1996). and Economic Development Act of adjust its civil monetary penalties for (c) Amended Section Four means inflation by regulation no later than section 4 of the Inflation Adjustment 1 See E.O. 12851 (June 11, 1993). 55094 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

1965, Embezzlement, etc.: from $10,000 (A) Subsequent violation of by § 6.4 of this part, shall apply only to to $11,000. § 972f(a)(4)–(5): from $5,000 to $5,500. violations occurring after October 23, (c) Economics and Statistics (B) [Reserved] 1996, and before the effective date of Administration (ESA)/Census. (iii) Violation of section 972f(a)(6): any future inflation adjustment thereto (1) 13 U.S.C. 304, Delinquency on from $100,000 to $110,000. made subsequent to October 23, 1996, as delayed filing of export documentation: (8) 16 U.S.C. 973f(a), South Pacific provided in § 6.6 of this part. The from $100 per/day (up to $1,000) to Tuna Act of 1988 violation: from penalties specified in § 6.4 of this part $110 per/day (up to $1,100). $250,000 to $275,000. which became effective prior to October (2) 13 U.S.C. 305, Collection of foreign (9) 16 U.S.C. 1375(a)(1), Marine 23, 1996, shall, without any First trade statistics violations: from $1,000 to Mammal Protection Act of 1972: Adjustments thereto, apply only to $1,100. (i) Violation: from $10,000 to $11,000. violations occurring before October 24, (d) ESA/Bureau of Economic (ii) Knowing violation (1981): from 1996. Analysis. $20,000 to $22,000. (1) 22 U.S.C. 3105(a), International (10) 16 U.S.C. 1437(c)(1), National § 6.6 Subsequent adjustments. Investment and Trade in Services Act, Marine Sanctuaries Act (1992) violation: The Secretary or his or her designee Failure to furnish information: from a from $100,000 to $109,000. by regulation shall, at least once every minimum of $2,500 to $2,750, and from (11) 16 U.S.C. 1540(a)(1), Endangered four years after October 23, 1996, make a maximum of $25,000 to $27,500. Species Act of 1973: the inflation adjustment, described in (2) [Reserved] (i) Knowing violations or engaged in Section Five and required by Amended (e) Import Administration. business of section 1538 (a)(1)(A), (B), Section Four, of each civil monetary (1) 19 U.S.C. 81s, Foreign Trade Zone (C), (D), (E), or (F), (a)(2)(A), (B), (C), or penalty provided by law and within the violation: from $1,000 to $1,100. (D), (c), (d) (other than recordkeeping or jurisdiction of the Department. (2) 19 U.S.C. 1677f(f)(4), North filing reports), (f), or (g) (1988): from American Free Trade Agreement $25,000 to $27,500. PART 25ÐPROGRAM FRAUD CIVIL Protective Order violation: from (ii) Other knowing or business-related REMEDIES $100,000 to $110,000. violations (1988): from $12,000 to (f) National Oceanic and Atmospheric $13,200. 2. The authority for 15 CFR part 25 is Administration. (iii) Otherwise (1978): from $500 to revised to read as follows: (1) 15 U.S.C. 5623, Land Remote $550. Authority: Secs. 6101–6104, Pub. L. 99– Sensing Policy Act of 1992 violation: (12) 16 U.S.C. 1851 Note (Sec.5)(c)(1), 509, 100 Stat. 1874 (31 U.S.C. 3801–3812); from $10,000 to $10,900. Atlantic Striped Bass Conservation Act Sec. 4, as amended, and sec. 5, Pub. L. 101– (2) 15 U.S.C. 5658, Land Remote (1984) violation: from $1,000 to $1,100. 410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. Sensing Policy Act of 1992 violation: (13) 16 U.S.C. 1858, Magnuson L. 104–134, 110 Stat. 1321, 28 U.S.C. 2461 from $10,000 to $10,900. Fishery Conservation and Management note. (3) 16 U.S.C. 773f(3), Northern Pacific Act (1990): from $100,000 to $110,000. 3. Section 25.3 is amended by revising Halibut Act of 1982 violation: from (14) 16 U.S.C. 2437(a)(1), Antarctic paragraphs (a)(1)(iv) and (b)(1)(ii) to $25,000 to $27,500. Marine Living Resources Convention read as follows: (4) 16 U.S.C. 783, Sponge Act (1914), Act (1984): Violation involving catching or taking (i) Knowing violation: from $10,000 to § 25.3 Basis for civil penalties and within specific areas: from $500 to $550. $11,000. assessments. (5) 16 U.S.C. 957, Tuna Convention (ii) Violation: from $5,000 to $5,500. (a) * * * Act of 1950 (1962): (15) 16 U.S.C. 3373(a), Lacey Act (1) * * * (i) Violation of § 957(a) [Fine at Amendments of 1981: § 957(d)]: from $25,000 to $27,500. (i) Violations involving possession, (iv) Is for payment for the provision (A) Subsequent violation of section sale, or transport of fish/plants/wildlife of property or services which the person 957(a) [Fine at § 957(d)]: from $50,000 to (1981): from $10,000 to $11,000. has not provided as claimed, shall be $55,000. (ii) Marking violations of fish/plant/ subject, in addition to any other remedy (B) [Reserved] wildlife (1981): from $250 to $275. that may be prescribed by law, to a civil (ii) Violation of section 957(b) [Fine at (iii) False labeling/knowingly (1988): penalty of not more than $5,000 for each section 957(e)]: from $1,000 to $1,100. from $10,000 to $11,000. such claim made on or before October (A) Subsequent violation of § 957(b) (16) 16 U.S.C. 3606, Atlantic Salmon 23, 1996, and of not more than $5,500 Fine at § 957(e)]: from $5,000 to $5,500. Convention Act of 1982 (1990): from for each such claim made after October (B) [Reserved] $100,000 to $110,000. 23, 1996. (iii) Violation of section 957(c) [Fine (17) 16 U.S.C. 3637, Pacific Salmon * * * * * at section 957(f)]: from $100,000 to Treaty Act of 1985 (1990): from (b) * * * $110,000. $100,000 to $110,000. (1) * * * (6) 16 U.S.C. 971e(e), Atlantic Tunas (18) 30 U.S.C. 1462(a), Deep Seabed Convention Act of 1975 (1995) Hard Mineral Resources Act (1980): (ii) Contains, or is accompanied by, an violation: from $100,000 to $100,000. from $25,000 to $27,500. express certification or affirmation of (7) 16 U.S.C. 972f(b), Eastern Pacific (19) 42 U.S.C. 9152(c)(1), Ocean the truthfulness and accuracy of the Tuna Licensing Act of 1984: Thermal Energy Conversion Act of 1980: contents of the statement, shall be (i) Violation of section 972f(a)(1)–(3): from $25,000 to $27,500. subject, in addition to any other remedy from $25,000 to $27,500. that may be prescribed by law, to a civil (A) Subsequent violation of § 6.5 Effective date of adjustments. penalty of not more than $5,000 for each § 972f(a)(1)–(3): from $50,000 to The First Adjustments made by § 6.4 such statement made on or before $55,000. of this part, of the penalties there October 23, 1996, and of not more than (B) [Reserved] specified, are effective on October 23, $5,500 for each such statement made (ii) Violation of section 972f(a)(4)–(5): 1996, and said penalties, as thus after October 23, 1996. from $5,000 to $5,500. adjusted by the First Adjustments made * * * * * Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55095

PART 28ÐNEW RESTRICTIONS ON This certification is a material any inconsistency with EPCA’s goals. LOBBYING representation of fact upon which reliance This document contains a Statement of was placed when this transaction was made Basis and Purpose for repealing the 4. The authority for 15 CFR part 28 is or entered into. Submission of this Used Oil Rule. revised to read as follows: certification is a prerequisite for making or entering into this transaction imposed by EFFECTIVE DATE: October 24, 1996. Authority: Sec. 319, Pub. L. 101–121 (31 section 1352, title 31, U.S. Code. Any person ADDRESSES: Requests for copies of the U.S.C. 1352; 5 U.S.C. 301; Sec. 4, as who fails to file the required certification amended, and sec. 5, Pub. L. 101–410, 104 Statement of Basis and Purpose should shall be subject to a civil penalty of not less be sent to the FTC’s Public Reference Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104– than $10,000 and not more than $100,000 for 134, 110 Stat. 1321, 28 U.S.C. 2461 note. each such failure occurring on or before Branch, Room 130, Sixth Street and Pennsylvania Ave., N.W., Washington, 5. Part 28 is amended by revising October 23, 1996, and of not less than DC 20580, (202) 326–2222; TTY for the § 28.400(a) and (b) and (e) to read as $11,000 and not more than $110,000 for each hearing impaired (202) 326–2502. follows: such failure occurring after October 23, 1996. Statement for Loan Guarantees and Loan FOR FURTHER INFORMATION CONTACT: § 28.400 Penalties. Insurance Neil Blickman, Attorney, Federal Trade (a) Any person who makes an The undersigned states, to the best of his Commission, Bureau of Consumer expenditure prohibited herein shall be or her knowledge and belief, that: Protection, Division of Enforcement, subject to a civil penalty of not less than If any funds have been paid or will be paid Sixth Street and Pennsylvania Ave., $10,000 and not more than $100,000 for to any person for influencing or attempting N.W., Washington, DC 20580, (202) each such expenditure made on or to influence an officer or employee of any 326–3038. before October 23, 1996, and of not less agency, a Member of Congress, an officer or SUPPLEMENTARY INFORMATION: . than $11,000 and not more than employee of Congress, or an employee of a $110,000 for each such expenditure Member of Congress in connection with this Statement of Basis and Purpose made after October 23, 1996. commitment providing for the United States to insure or guarantee a loan, the I. Background (b) Any person who fails to file or undersigned shall complete and submit Based on the Commission’s finding amend the disclosure form (see Standard Form-LLL, ‘‘Disclosure Form to Appendix B of this part) to be filed or Report Lobbying,’’ in accordance with its that the new or used status of a amended if required herein, shall be instructions. lubricant was material to consumers, the subject to a civil penalty of not less than Submission of this statement is a Used Oil Rule, 16 CFR Part 406, was $10,000 and not more than $100,000 for prerequisite for making or entering into this promulgated by the Commission on each such failure occurring on or before transaction imposed by section 1352, title 31, August 14, 1964 (29 FR 11650), to October 23, 1996, and of not less than U.S. Code. Any person who fails to file the prevent deception of consumers who $11,000 and not more than $110,000 for required statement shall be subject to a civil prefer new and unused lubricating oil. penalty of not less than $10,000 and not more each such failure occurring after The Rule requires that advertising, than $100,000 for each such failure occurring promotional material, and labels for October 23, 1996. on or before October 23, 1996, and of not less * * * * * than $11,000 and not more than $110,000 for lubricant made from used oil disclose (e) First offenders under paragraphs each such failure occurring after October 23, such previous use. The Rule prohibits (a) or (b) of this section shall be subject 1996. any representation that used lubricating to a civil penalty of $10,000, absent oil is new or unused. In addition, it [FR Doc. 96–27403 Filed 10–22–96; 12:31 prohibits use of the term ‘‘re-refined,’’ or aggravating circumstances for each such pm] any similar term, to describe previously offense committed on or before October BILLING CODE 3510±17±P 23, 1996, and $11,000 for each such used lubricating oil unless the physical offense committed after October 23, and chemical contaminants have been removed by a refining process. 1996. Second and subsequent offenses FEDERAL TRADE COMMISSION by persons shall be subject to an On October 15, 1980, the Used Oil appropriate civil penalty between 16 CFR Part 406 Recycling Act suspended the provision $10,000 and $100,000 for each such of the Used Oil Rule requiring labels to offense committed on or before October Deceptive Advertising and Labeling of disclose the origin of lubricants made 1 23, 1996, and between $11,000 and Previously Used Lubricating Oil from used oil, until the Commission $110,000 for each such offense issued rules under EPCA. The AGENCY: Federal Trade Commission. committed after October 23, 1996, as legislative history indicates determined by the agency head or his or ACTION: Repeal of rule. Congressional concern that the Used Oil her designee. Rule’s labeling requirement had an SUMMARY: The Federal Trade adverse impact on consumer acceptance * * * * * Commission (the ‘‘Commission’’) of recycled oil, provided no useful 6. Part 28 is further amended by announces the repeal of the Trade information to consumers concerning revising paragraph (3) and all that Regulation Rule on Deceptive the performance of the oil, and inhibited follows of Appendix A. Advertising and Labeling of Previously recycling. Moreover, the origin labeling Appendix A to Part 28—Certification Used Lubricating Oil (‘‘the Used Oil requirements in the Used Oil Rule Regarding Lobbying Rule’’ or ‘‘the Rule’’). After reviewing arguably were inconsistent with the the rulemaking record, and in light of intent of section 383 of EPCA, which is * * * * * Commission promulgation of the (3) The undersigned shall require that the that ‘‘oil should be labeled on the basis Recycled Oil Rule in 1995, pursuant to of performance characteristics and language of this certification be included in the Energy Policy and Conservation Act the award documents for all subawards at all fitness for intended use, and not on the tiers (including subcontracts, subgrants, and (‘‘EPCA’’), the Commission has basis of the origin of the oil.’’ 2 contracts under grants, loans, and determined that the Used Oil Rule is no cooperative agreements) and that all longer necessary or in the public 1 42 U.S.C. 6363 note. subrecipients shall certify and disclose interest, and that its repeal will 2 See Pub. L. No. 96–463, U.S. Code Cong. & Adm. accordingly. eliminate unnecessary duplication, and News, pp. 4354–4356 (1980). 55096 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

Accordingly, on April 8, 1981, the a recycled engine-oil container label used oil. Safety-Kleen supported repeal Commission published a notice that the oil is substantially equivalent to of the Commission’s Used Oil Rule, announcing the statutory suspension of new engine oil, as long as the stating that it has been superseded the origin labeling requirements of the determination of equivalency is based effectively in the marketplace by the Used Oil Rule. In the same notice, the on the NIST test procedures. FTC’s Recycled Oil Rule.14 Commission suspended enforcement of The EPCA further provides that once After reviewing the comment filed in those portions of the Used Oil Rule the Recycled Oil Rule becomes final, no response to the ANPR, on July 26, 1996, requiring that advertising and Commission order or rule, and no law, pursuant to the Federal Trade promotional material disclose the origin regulation, or order of any State (or Commission Act (‘‘FTC Act’’), 15 U.S.C. of lubricants made from used oil.3 political subdivision thereof), may 41–58, and the Administrative The purposes of the recycled oil remain in effect if it has labeling Procedure Act, 5 U.S.C. 551–59, 701–06, section of EPCA are to encourage the requirements with respect to the the Commission published a Notice of recycling of used oil, to promote the use comparative characteristics of recycled Proposed Rulemaking (‘‘NPR’’) initiating of recycled oil, to reduce consumption oil with new oil that are not identical to a proceeding to consider whether the of new oil by promoting increased the labels permitted by this rule.9 Also, Used Oil Rule should be repealed or utilization of recycled oil, and to reduce no rule or order of the Commission may remain in effect (61 FR 39101).15 In the environmental hazards and wasteful require any container of recycled oil to NPR, the Commission announced its practices associated with the disposal of also bear a label containing any term, determination, pursuant to 16 CFR 1.20, used oil.4 To achieve these goals, phrase, or description connoting less to use expedited procedures in this section 383 of EPCA directs the National than substantial equivalency of such proceeding.16 The NPR comment period Institute of Standards and Technology recycled oil with new oil.10 closed on August 26, 1996. (‘‘NIST’’) to develop test procedures for Under EPCA, the Recycled Oil Rule In response to the NPR, the the determination of the substantial preempts the Used Oil Rule’s labeling Commission received two comments equivalency of re-refined or otherwise and advertising requirements for engine and no requests to hold an informal processed used oil or blend of oil oils. For non-engine oils, the Used Oil hearing.17 One comment was submitted (consisting of such re-refined or Rule’s labeling disclosure provisions by Evergreen Holding, Inc., a collector otherwise processed used oil and new continue to be subject to the and re-refiner of used oil in the state of oil or additives) with new oil Congressional stay, and the advertising California. Evergreen supported repeal distributed for a particular end use and disclosure provisions continue to be of the Used Oil Rule, stating that the to report such test procedures to the subject to the Commission’s stay. The Commission’s Recycled Oil Rule Commission.5 Within 90 days after only part of the Used Oil Rule not adequately addresses the major issues of receiving such report from NIST, the affected by the stays is that section concern to the used oil and re-refining Commission is required to prescribe, by which prohibits the deceptive use of the industries, and renders the Used Oil 18 rule, the substantial equivalency test term ‘‘re-refined.’’ In light of the Rule duplicative unnecessary. The procedures, as well as labeling ongoing stays, when the Commission other comment was submitted by standards applicable to containers of published the Recycled Oil Rule in Safety-Kleen. In its comment on the recycled oil.6 EPCA further requires that October 1995, it stated that, as part of its NPR, Safety-Kleen reiterated its support the Commission’s rule permit any regulatory review process, it would for repeal of the Used Oil Rule, stating container of proposed used oil to bear consider the continuing need for the that ‘‘repealing the rule not only a label indicating any particular end Used Oil Rule.11 eliminates an antiquated rule replaced use, such as for use as engine Based on the foregoing, on April 3, by a more modern one, but also lubricating oil, so long as a 1996, the Commission published an responds to the President’s National determination of ‘‘substantial Advance Notice of Proposed Regulatory Reinvention initiative by equivalency’’ with new oil has been Rulemaking (‘‘ANPR’’) stating that it eliminating both an unnecessary and an 19 made in accordance with the test had tentatively determined that a obsolete rule.’’ Safety-Kleen further procedures prescribed by the separate Used Oil Rule is no longer stated that the consumer is better Commission.7 necessary, and seeking comments on the protected and the industry better served On July 27, 1995, NIST reported to the proposed repeal of the Rule (61 FR 14 Commission test procedures for 14686).12 The ANPR comment period Safety-Kleen, D–1, 1. determining the substantial equivalency 15 In accordance with section 18 of the FTC Act, closed on May 3, 1996. 15 U.S.C. 57a, the Commission submitted the NPR of re-refined or otherwise processed The Commission received one to the Chairman of the Committee on Commerce, used engine oils with new engine oils. comment in response to the ANPR.13 Science, and Transportation, United States Senate, Accordingly, to implement EPCA’s The comment was submitted by the and the Chairman of the Committee on Commerce, statutory directive, on October 31, 1995, United States House of Representatives, 30 days Safety-Kleen Corporation, a re-refiner of prior to its publication in the Federal Register. the Commission issued a rule (covering 16 These procedures included: publishing a recycled engine oil) entitled Test 9 42 U.S.C. 6363(e)(1). Notice of Proposed Rulemaking; soliciting written Procedures and Labeling Standards for 10 42 U.S.C. 6363(e)(2). comments on the Commission’s proposal to repeal Recycled Oil (‘‘Recycled Oil Rule’’), 16 11 60 FR 55414, 55417. the Rule; holding an informal hearing, if requested CFR Part 311.8 The Recycled Oil Rule 12 In accordance with section 18 of the FTC Act, by interested parties; receiving a final 15 U.S.C. 57a, the ANPR was sent to the Chairman recommendation from Commission staff; and adopts the test procedures developed by of the Committee on Commerce, Science, and announcing final Commission action in the Federal NIST, and allows (although it does not Transportation, United States Senate, and the Register. require) a manufacturer to represent on Chairman of the Committee on Commerce, United 17 The comments submitted in response to the States House of Representatives. NPR also have been placed on the public record, 13 Commission Rulemaking Record No. R511959, and 3 46 FR 20979. The comment submitted in response to the ANPR has been placed on the public record, are coded ‘‘D’’ indicating that they are public 4 42 U.S.C. 6363(a). Commission Rulemaking Record No. R511959, and comments. The comments are cited by identifying 5 42 U.S.C. 6363(c). is coded ‘‘D’’ indicating that it is a public comment. the commenter (by abbreviation), the comment 6 42 U.S.C. 6363(d). In this notice, the comment is cited by identifying number, and the relevant page number. 7 42 U.S.C. 6363(d) (1) (B). the commenter (by abbreviation), the comment 18 Evergreen, D–2, 2. 8 60 FR 55414 (Oct. 31, 1995). number, and the relevant page number. 19 Safety-Kleen, D–3, 1. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55097 by the Commission’s Recycled Oil Rule have been explained in this notice. TENNESSEE VALLEY AUTHORITY Rule.20 Repeal of the Used Oil Rule would appear to have little or no effect on 18 CFR Part 1315 II. Basis for Repeal of Rule small businesses. Moreover, the The Commission has decided to Commission is not aware of any existing New Restrictions on Lobbying repeal the Used Oil Rule for the reasons federal laws or regulations that would AGENCY: Tennessee Valley Authority discussed in the NPR. In sum, after conflict with repeal of the Used Oil (TVA). reviewing the rulemaking record, and in Rule. Further, no comments suggested ACTION: Final rule. light of promulgation of the Recycled any adverse effect on small business Oil Rule, the Commission has from repeal. For these reasons, the SUMMARY: The Tennessee Valley determined that a separate Used Oil Commission certifies, pursuant to Authority is amending its rules Rule is no longer necessary, and that its Section 605 of the RFA, 5 U.S.C. 605, regarding restrictions on lobbying to repeal will eliminate unnecessary that this action will not have a make inflation adjustments in the range duplication, and any inconsistency with significant economic impact on a of civil monetary penalties it may assess EPCA’s goals. While repealing the Used substantial number of small entities. against persons who violate these rules. Oil Rule would eliminate the These adjustments are required by the Commission’s ability to obtain civil IV. Paperwork Reduction Act Federal Civil Penalties Inflation penalties for any future The Used Oil Rule imposes third- Adjustment Act of 1990, as amended. misrepresentations of the re-refined EFFECTIVE DATE: October 24, 1996. quality of oil, the Commission has party disclosure requirements that FOR FURTHER INFORMATION CONTACT: determined that repealing the Rule constitute ‘‘information collection Charles L. Young, Senior Attorney, 423– would not seriously jeopardize the requirements’’ under the Paperwork 632–7304. Commission’s ability to act effectively. Reduction Act, 44 U.S.C. 3501 et seq. The Recycled Oil Rule defines re- On October 15, 1980, however, the Used SUPPLEMENTARY INFORMATION: Section 4 refined oil to mean used oil from which Oil Recycling Act suspended the of the ‘‘Federal Civil Penalties Inflation physical and chemical contaminants provision of the Used Oil Rule requiring Adjustment Act of 1990’’ (Pub. L. 101– acquired through use have been labels to disclose the origin of lubricants 410), as amended by the ‘‘Debt removed. Although this Rule does not made from used oil,21 until the Collection Improvement Act of 1996’’ further address re-refined oil or provide Commission issued rules under EPCA. (Pub. L. 104–134), requires each Federal penalties for misrepresenting used oil as Further, on April 8, 1981, the agency with statutory authority to assess ‘‘re-refined,’’ it defines for the public Commission published a notice a civil monetary penalty (CMP) to adjust how the Commission interprets this announcing the statutory suspension of each CMP by the inflation adjustment term. Any significant problems that may the origin labeling requirements of the described in section 5 of the Act. Such arise could be addressed on a case-by- Used Oil Rule. In the same notice, the adjustment is to be made by regulation case basis, administratively under Commission suspended enforcement of published in the Federal Register. The Section 5 of the FTC Act, 15 U.S.C. 45, those portions of the Used Oil Rule first inflation adjustment is required by or through enforcement actions under requiring that advertising and October 23, 1996—180 days after the Section 13(b), 15 U.S.C. 53(b), in federal promotional material disclose the origin enactment of the ‘‘Debt Collection district court. Prosecuting serious or of lubricants made from used oil.22 Improvement Act of 1996.’’ Thereafter, knowing misrepresentations in district Since 1981, therefore, the Rule agencies are to make inflation court allows the Commission to seek effectively has imposed no paperwork adjustments by regulation at least once injunctive relief as well as equitable burdens on marketers of used every four years. Any increase in a CMP remedies, such as redress or lubricating oil. In any event, repeal of made pursuant to the Act applies only disgorgement. Any necessary the Used Oil Rule will permanently to violations that occur after the date the administrative or district court actions eliminate any burdens on the public increase takes effect. also would serve to provide industry imposed by these disclosure TVA’s only statutory authority to members with additional guidance requirements. assess a CMP is found at 31 U.S.C. 1352(c), which describes the range of about what practices are unfair or List of Subjects in 16 CFR Part 406 deceptive. In addition, the Commission penalties TVA may impose for a has concluded that eliminating the Used Advertising, Labeling, Trade violation of that statute’s prohibition Oil Rule not only reduces duplication, practices, Used lubricating oil. against use of appropriated funds to pay but also streamlines the regulatory any person for influencing or attempting scheme, thereby responding to President PART 406Ð[REMOVED] to influence a Federal official in Clinton’s National Regulatory connection with any Federal action and Reinvention Initiative, which, among The Commission, under authority of for a failure to file a declaration or a other things, urges agencies to eliminate section 18 of the Federal Trade declaration amendment as required by obsolete or unnecessary regulations. Commission Act, 15 U.S.C. 57a, amends that statute. The penalties to be imposed Accordingly, the Commission hereby chapter I of title 16 of the Code of for such violations and failures to file announces the repeal of the Used Oil Federal Regulations by removing part range from $10,000 to not more than Rule. 406. $100,000. Application of the standard inflation adjustment formula in the Act By direction of the Commission. III. Regulatory Flexibility Act would result in an increase in this CMP The Regulatory Flexibility Act Donald S. Clark, of approximately 22 percent; however, (‘‘RFA’’), 5 U.S.C. 601–12, requires an Secretary. because the Act limits the initial analysis of the anticipated impact of the [FR Doc. 96–27181 Filed 10–23–96; 8:45 am] inflation adjustment to a CMP to 10 repeal of the Used Oil Rule on small BILLING CODE 6750±01±M percent of the penalty specified by businesses. The reasons for repeal of the statute, TVA is amending its rules at 18 21 U.S.C. 6363 note. CFR 1315.400 (a) and (b) to increase the 20 Id. at 2. 22 46 FR 20979. minimum CMP it may assess under 31 55098 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

U.S.C. 1352(c) to $11,000 and the Voluntary Protection Programs (VPP). (hereinafter referred to as the Assistant maximum CMP it may assess under the These programs are modeled on the Secretary). statute to $110,000. OSHA VPP, which recognize excellence B. Description of Supplements in worksite safety and health. Matters of Regulatory Procedures Employers participating in VPP can The Federal Voluntary Protection Notice and an opportunity for public realize lower workers’ injury rates, Programs (VPP) are designed to comment are not necessary prior to lower workers’ compensation costs and recognize and promote effective safety issuance of this final rule because it greater employee productivity. and health program management. In the implements a definitive statutory EFFECTIVE DATE: October 24, 1996. VPP, management, labor and OSHA establish cooperative relationships at formula mandated by the Act. FOR FURTHER INFORMATION CONTACT: Ann workplaces that have implemented The Paperwork Reduction Act (44 Cyr, Acting Director, Office of U.S.C. chapter 35) does not apply strong programs. Information and Consumer Affairs, VPP participants are a select group of because this rule does not contain any Occupational Safety and Health information collection requirements that facilities that have designed and Administration, U.S. Department of implemented outstanding safety and require the approval of the Office of Labor, Room N3647, 200 Constitution Management and Budget. health programs. The Star Program is Avenue, N. W., Washington, D.C., the most highly selective program and is List of Subjects in 18 CFR Part 1315 20210, Telephone (202) 219–8148. for applicants with safety and health Administrative practice and SUPPLEMENTARY INFORMATION programs that are comprehensive and are successful in reducing workplace procedures, Penalties. A. Background For the reasons set out in the hazards. It is open to any industry and Kentucky. The Kentucky to companies with injury incidence and preamble, 18 CFR part 1315 is amended Occupational Safety and Health Plan lost workday injury rates at or below the as follows: was approved under section 18(c) of the industry’s national average. Star PART 1315ÐNEW RESTRICTIONS ON Occupational Safety and Health Act of participants are evaluated onsite every LOBBYING 1970 (29 U.S.C. 667(c)) (hereinafter three years, with annual injury rate referred to as the Act) and Part 1902 of reviews. The Merit Program provides a 1. The authority citation for part 1315 this chapter on July 31,1973 (38 FR planned set of ‘‘stepping stones’’ to Star is revised to read as follows: 20324). A determination of final participation for those employers who Authority: 16 U.S.C. 831–831dd; 31 U.S.C. approval was made under section 18(e) have demonstrated the potential and 1352. of the Act on June 13, 1985 (50 FR willingness to achieve Star 24896). requirements. Open to sites with injury § 1315.400 [Amended] Tennessee. The Tennessee rates above the industry’s national 2. Section 1315.400 is amended by Occupational Safety and Health Plan average, Merit participants are evaluated removing the figure ‘‘$10,000’’ and was approved under section 18(c) of the onsite annually. The Demonstration adding in its place ‘‘$11,000’’ each time Occupational Safety and Health Act of Program allows evaluation of criteria it appears in paragraphs (a) and (b) and 1970 (29 U.S.C. 667(c)) (hereinafter different from, but potentially as by removing the figure ‘‘$100,000’’ and referred to as the Act) and Part 1902 of protective for workers as the Star adding in its place $110,000 each time this chapter on July 5, 1973 (38 FR criteria. it appears in paragraphs (a) and (b). 17840). A determination of final Approved VPP participants must meet Dated: October 18, 1996. approval was made under section 18(e) all relevant OSHA standards and have of the Act on July 22, 1985 (50 FR an on-going safety program. OSHA will William L. Osteen, 29669). verify qualifications, exempt Associate General Counsel. Wyoming. The Wyoming participants from regularly scheduled [FR Doc. 96–27274 Filed 10–23–96; 8:45 am] Occupational Safety and Health Plan inspections, provide necessary technical BILLING CODE 8120±01±P was approved under section 18(c) of the support, investigate complaints and Occupational Safety and Health Act of accidents, and evaluate the program. 1970 (29 U.S.C. 667(c)) (hereinafter Participation does not diminish DEPARTMENT OF LABOR referred to as the Act) and Part 1902 of employer/employee rights or this chapter on April 25, 1974 (39 FR responsibilities under the Occupational Occupational Safety and Health 15394). A determination of final Safety and Health Act of 1970. States Administration approval was made under section 18(e) operating OSHA approved State plans of the Act on June 27, 1985 (50 FR are encouraged to develop their own 29 CFR Part 1952 26548). parallel programs. Approved State Plans for Enforcement Indiana. The Indiana Occupational Kentucky. On October 6, 1995, Bill of State Standards Approval of Safety and Health Plan was approved Riggs, Former Secretary, Kentucky Supplements to the Kentucky, under Section 18(c) of the Occupational Labor Cabinet, submitted a plan change Tennessee, Wyoming and Indiana Safety and Health Act of 1970 (29 U.S.C. supplement concerning Kentucky’s State Plans 667(c)) (hereinafter referred to as the Voluntary Protection Programs (VPP). Act) and Part 1902 of this chapter on Kentucky’s VPP was found to be AGENCY: Department of Labor, March 6, 1974 (39 FR 8611). A generally identical to the Federal Occupational Safety and Health determination of final approval was Voluntary Protection Program, with the Administration (OSHA). made under section 18(e) of the Act on exception that the State’s VPP is limited ACTION: Final Rule. September 26, 1986 (51 FR 34206). Part to the Star Program in general industry, 1953 of this chapter provides and excludes the Merit and SUMMARY: This document gives notice of procedures for the review and the Demonstration Programs. Kentucky will Federal approval of State Plan approval of State change supplements require that all elements of the supplements concerning the Kentucky, by the Assistant Secretary of Labor for employer’s program be in place at least Tennessee, Wyoming and Indiana Occupational Safety and Health 12 months prior to application. The Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55099 program is known as the Voluntary Occupational Safety and Health Signed at Washington, DC. This 16th day Protection Partnership of Kentucky. Administration Office of the Regional of October 1996. Tennessee. On April 25, 1996, Administrator, Room 1999 Broadway Joseph A. Dear, Alphonso R. Bodie, Commissioner, Suite 1690, Denver, Colorado 80202– Assistant Secretary. Department of Labor, Tennessee, 5716; Worker’s Safety and Accordingly, for the reasons set forth submitted a plan change supplement Compensation Division, Wyoming in the preamble, 29 CFR Part 1952 is concerning Tennessee’s Voluntary Department of Employment, Herschler hereby amended as follows: Protection Programs (VPP) with Building, 2nd Floor East, 122 West 25th subsequent clarification submitted by PART 1952Ð[AMENDED] Street, Cheyenne, Wyoming 82002. letter dated August 30, 1996. Tennessee’s VPP was found to be Indiana. A copy of the State plan 1. The authority citation for Part 1952 generally identical to the Federal supplement on the Indiana VPP may be continues to read as follows: Voluntary Protection Program, with the inspected and copied during normal Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. exception that the State’s VPP is limited business hours at the following 657); 29 CFR part 1902, Secretary of Labor’s to the Star Program in general industry locations: U.S. Department of Labor, Order No. 1–90 (55 FR 9033). and excludes the Merit and Occupational Safety and Health 2. Subpart Q-Kentucky, § 1952.237 is Demonstration Programs. The program Administration Office of the Regional amended by adding paragraph (b) to is known as the Tennessee Volunteer Administrator, 230 S. Dearborn Street, read as follows: Star Program. 32nd Floor, Room 3244, Chicago, Wyoming. On August 9, 1993, Illinois 60604; Indiana Department of § 1952.237 Changes to approved plans. Stephen R. Foster, Safety Administrator, Labor, State Office Building, 402 West * * * * * Worker’s Safety and Compensation Washington Street, Room W195, (b) The Voluntary Protection Program. Division, submitted a plan change Indianapolis, Indiana 46204. On October 24, 1996, the Assistant supplement concerning Wyoming’s Secretary approved Kentucky’s plan Voluntary Protection Program (VPP). Copies of the Kentucky, Tennessee, supplement, which is generally Wyoming’s VPP is generally identical to Wyoming and Indiana supplements are identical to the Federal Voluntary the Federal Voluntary Protection also available at the U.S. Department of Protection Program, with the exception Program, with the exception of Labor, Occupational Safety and Health that the State’s VPP is limited to the organizational and position titles. Administration, Directorate of Federal- ‘‘Star’’ level participation for general Indiana. On June 18, 1996, Kenneth State Operations, 200 Constitution industry firms. Zeller, Commissioner, Indiana Avenue, N.W., Room N3700, 3. Subpart P-Tennessee, § 1952.227 is Department of Labor, submitted a plan Washington, D.C. 20210. amended by adding paragraph (b) to change supplement concerning read as follows: Indiana’s Voluntary Protection Program D. Public Participation (VPP). Indiana’s VPP is generally § 1952.227 Changes to approved plans. Under 29 CFR 1953.2(c) of this identical to the Federal Voluntary * * * * * chapter, the Assistant Secretary may Protection Program with the exception (b) The Voluntary Protection Program. prescribe alternative procedures to of organizational and position titles. On October 24, 1996, the Assistant expedite the review process or for any Secretary approved Tennessee’s plan C. Location of Supplement for other good cause which may be Inspection and Copying supplement, which is generally consistent with applicable law. The identical to the Federal Voluntary Kentucky. A copy of the State plan Assistant Secretary finds that the Protection Program, with the exception supplement on the Kentucky VPP may Kentucky, Tennessee, Wyoming, and that the State’s VPP is limited to the be inspected and copied during normal Indiana Voluntary Protection Programs ‘‘Star’’ level participation for general business hours at the following are generally identical to the Federal industry firms. locations: U. S. Department of Labor, Voluntary Protection Program, meet 3. Subpart BB-Wyoming, § 1952.347 is Occupational Safety and Health Federal requirements and were adopted amended by adding paragraph (c) to Administration, Office of the Regional by the States in accordance with State read as follows: Administrator, Suite 587, 1375 procedural requirements. Good cause is Peachtree Street, N.E., Atlanta, Georgia therefore found for approval of these § 1952.347 Changes to approved plans. 30367; Kentucky Labor Cabinet, 1047 supplements and further public * * * * * U.S. Highway 127 South, Frankfort, participation would be unnecessary. (c) The Voluntary Protection Program. Kentucky 40601. On October 24, 1996, the Assistant Tennessee. A copy of the State plan E. Decision Secretary approved Wyoming’s plan supplement on the Tennessee VPP and supplement which is generally identical may be inspected at the following After careful consideration and to the Federal Voluntary Protection locations: U.S. Department of Labor, review by the Regional and National Program, with the exception of Occupational Safety and Health Offices, the Kentucky, Tennessee, organizational and position titles. Administration, Office of the Regional Wyoming and Indiana plan 4. Subpart Z-Indiana, § 1952.327 is Administrator, Suite 587, 1375 supplements described above are found amended by adding paragraph (c) to Peachtree Street, N.E., Atlanta, Georgia to meet OSHA requirements and are read as follows: 30367; Tennessee Department of Labor, hereby approved under Part 1953 of this 710 James Robertson Parkway, chapter. The decision incorporates the § 1952.327 Changes to approved plans. Nashville, Tennessee 37243–0659. requirements of the Act and * * * * * Wyoming. A copy of the State plan implementing regulations applicable to (c) The Voluntary Protection Program. supplement on the Wyoming VPP may State plans generally. On October 24, 1996, the Assistant be inspected and copied during normal Secretary approved Indiana’s plan business hours at the following supplement which is generally identical locations: U.S. Department of Labor, to the Federal Voluntary Protection 55100 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

Program, with the exception of General Definitions, Terms and contains sufficient information to enable the organizational and position titles. Conditions after the entry for debtor to determine the exact amount of the claim asserted. [FR Doc. 96–27203 Filed 10–23–96; 8:45 am] Classification Schedule SS–20— 1003.4 A bill or statement of account is BILLING CODE 4510±26±P Merchandise Return and preceding the not the less a bill or statement of account entry for Rate Schedules to read as merely because the amount claimed is not in follows: fact owing or may not be legally collectible. POSTAL RATE COMMISSION Table of Contents 1004 Girth 39 CFR Part 3001 * * * * * Girth is the measurement around a piece of General Definitions, Terms and Conditions— mail at its thickest part. Sections 1000 through 6030 Rules of Practice and Procedure: 1005 Invoice Correction * * * * * 4. General Definitions, Terms and An invoice is a writing showing the nature, AGENCY: Postal Rate Commission. Conditions—Sections 1000 through quantity, and cost or price of items shipped or sent to a purchaser or consignor. ACTION: Correcting amendments. 6030 are added following section 20.061 of Classification SS–20 and preceding 1006 Permit Imprints SUMMARY: This document contains Rate Schedules to read as follows: Permit imprints are printed indicia corrections to the final rule which was * * * * * indicating postage has been paid by the published on Tuesday, June 25, 1996 sender under the permit number shown. (61 FR 32656–32693). The rule revised GENERAL DEFINITIONS, TERMS AND Appendix A to Subpart C—Postal CONDITIONS 1007 Preferred Rates Preferred rates are the reduced rates Service Rates and Charges of the 1000 GENERAL DEFINITIONS Agency’s Rules of Practice and established pursuant to 39 U.S.C. 3626. As used in this Domestic Mail Procedure. 1008 ZIP Code Classification Schedule, the following terms EFFECTIVE DATE: October 6, 1996. have the meanings set forth below. The ZIP Code is a numeric code that FOR FURTHER INFORMATION CONTACT: facilitates the sortation, routing, and delivery Stephen L. Sharfman, Legal Advisor, 1001 Advertising of mail. Advertising includes all material for the 1333 H Street, NW, Suite 300, 2000 DELIVERY OF MAIL Washington, D.C. 20268–0001 (202) publication of which a valuable 789–6820. consideration is paid, accepted, or promised, 2010 Delivery Services that calls attention to something for the The Postal Service provides the following SUPPLEMENTARY INFORMATION: The final purpose of getting people to buy it, sell it, rule that is the subject of these modes of delivery: seek it, or support it. If an advertising rate is a. Caller service. The fees for caller service corrections was published to charged for the publication of reading matter are set forth in Rate Schedule SS–10. incorporate revisions to Appendix A as or other material, such material shall be b. Carrier delivery service. a result of the Governors’ Decisions on deemed to be advertising. Articles, items, and c. General delivery. Recommended Decisions of the Postal notices in the form of reading matter inserted d. Post office box service. The fees for post Rate Commission in Docket Nos. MC95– in accordance with a custom or office box service are set forth in Rate 1 and MC96–1. understanding that textual matter is to be Schedule SS–10. inserted for the advertiser or his products in Need for Correction the publication in which a display 2020 Conditions of Delivery advertisement appears are deemed to be As published, the final regulations 2021 General. Except as provided in advertising. If a publisher advertises his own section 2022, mail will be delivered as contain errors which may prove to be services or publications, or any other addressed unless the Postal Service is misleading and are in need of business of the publisher, whether in the instructed otherwise by the addressee in clarification. form of display advertising or editorial or writing. reading matter, this is deemed to be List of Subjects in 39 CFR Part 3001 2022 Refusal of Delivery. The addressee advertising. may control delivery of his mail. The Administrative practice and addressee may refuse to accept a piece of 1002 Aspect Ratio procedure, Postal Service. mail that does not require a delivery receipt For reasons set out in the preamble, Aspect ratio is the ratio of width to length. at the time it is offered for delivery or after 39 CFR part 3001 is corrected by making 1003 Bills and Statements of Account delivery by returning it unopened to the Postal Service. For mail that requires a the following correcting amendments: 1003.1 A bill is a request for payment of delivery receipt, the addressee or his a definite sum of money claimed to be owing representative may read and copy the name PART 3001ÐRULES OF PRACTICE by the addressee either to the sender or to a of the sender of registered, insured, certified, AND PROCEDURE third party. The mere assertion of an COD, return receipt, and Express Mail prior indebtedness in a definite sum combined 1. The authority citation for part 3001 to accepting delivery. Upon signing the with a demand for payment is sufficient to delivery receipt the piece may not be continues to read as follows: make the message a bill. returned to the Postal Service without the Authority: 39 U.S.C. 404(b), 3603, 3622– 1003.2 A statement of account is the applicable postage and fees affixed. 3624, 3661, 3662. assertion of the existence of a debt in a 2023 Receipt. If a signed receipt is definite amount but which does not required, mail will be delivered to the Appendix A to Subpart C—Postal necessarily contain a request or a demand for addressee (or competent member of his Service Rates and Charges payment. The amount may be immediately family), to persons who customarily receive 2. Appendix A to Subpart C is due or may become due after a certain time his mail or to one authorized in writing to amended by removing General or upon demand or billing at a later date. receive the addressee’s mail. 1003.3 A bill or statement of account Definitions, Terms and Conditions— 2024 Jointly Addressed Mail. Mail must present the particulars of an addressed to several persons may be Sections 1000 through 6030 from the indebtedness with sufficient definiteness to delivered to any one of them. When two or Table of Contents and the text of the inform the debtor of the amount he is more persons make conflicting orders for Appendix. required to pay to acquit himself of the debt. delivery for the same mail, the mail shall be 3. The Table of Contents to Appendix However, neither a bill nor a statement of delivered as determined by the Postal A is amended by adding a new entry for account need state the precise amount if it Service. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55101

2025 Commercial Mail Receiving Agents. 3030 Payment of Postage and Fees 4000 POSTAL ZONES Mail may be delivered to a commercial mail Postage must be fully prepaid on all mail 4010 Geographic Units of Area receiving agency on behalf of another person. at the time of mailing, except as authorized In consideration of delivery of mail to the In the determination of postal zones, the by law or this Schedule. Except as authorized commercial agent, the addressee and the earth is considered to be divided into units by law or this Schedule, mail deposited agent are considered to agree that: of area thirty minutes square, identical with without prepayment of sufficient postage a. No change of address order will be filed a quarter of the area formed by the shall be delivered to the addressee subject to with the post office when the agency intersecting parallels of latitude and payment of deficient postage, returned to the relationship is terminated; meridians of longitude. The distance between sender, or otherwise disposed of as b. When remailed by the commercial these units of area is the basis of the postal prescribed by the Postal Service. Mail agency, the mail is subject to payment of new zones. postage. deposited without any postage affixed will be 2026 Mail Addressed To Organizations. returned to the sender without any attempt 4020 Measurement of Zone Distances Mail addressed to governmental units, at delivery. The distance upon which zones are based private organizations, corporations, 3040 Methods for Paying Postage and Fees shall be measured from the center of the unit unincorporated firms or partnerships, of area containing the dispatching sectional persons at institutions (including but not Postage for all mail may be prepaid by center facility or multi-ZIP coded post office limited to hospitals and prisons), or persons postage meter, adhesive stamps, or permit not serviced by a sectional center facility. A in the military is delivered as addressed or imprint, unless otherwise limited or post office of mailing and a post office of to an authorized agent. prescribed by the Postal Service. The delivery shall have the same zone 2027 Held Mail. Mail will be held for a following methods of paying postage and fees relationship as their respective sectional specified period of time at the office of require prior authorization from the Postal center facilities or multi-ZIP coded post address upon request of the addressee, unless Service: offices, but this shall not cause two post the mail: a. Permit imprint, offices to be regarded as within the same a. Has contrary retention instructions; b. Postage meter, local zone. b. Is perishable; or c. Precanceled stamps, precanceled c. Is registered, COD, insured, return envelopes, and mailer’s precanceled 4030 Definition of Zones receipt, certified, or Express Mail for which postmarks. the normal retention period expires before 4031 Local Zone. The local zone applies the end of the specified holding period. 3050 Authorization Fees to mail mailed at any post office for delivery at that office; at any city letter carrier office Fees for authorization to use a permit 2030 Forwarding and Return or at any point within its delivery limits for imprint are set forth in Rate Schedule 1000. 2031 Forwarding. Forwarding is the delivery by carriers from that office; at any No fee is charged for authorization to use a transfer of undeliverable-as-addressed mail to office from which a rural route starts for postage meter. Fees for setting postage meters an address other than the one originally delivery on the same route; and on a rural are set forth in Rate Schedule SS–12. No fee placed on the mail piece. All post offices will route for delivery at the office from which the is charged for authorization to use honor change of address orders for a period route starts or on any rural route starting precanceled stamps, precanceled envelopes of time specified by the Postal Service. from that office. or mailer’s precanceled postmark. 2032 Return. Return is the delivery of 4032 First Zone. The first zone includes undeliverable-as-addressed mail to the 3060 Special Service Fees all territory within the quadrangle of entry in sender. conjunction with every contiguous 2033 Applicable Provisions. The Fees for special services may be prepaid in any manner appropriate for the class of mail quadrangle, representing an area having a provisions of sections 150, 250, 350 and 450 mean radial distance of approximately 50 apply to forwarding and return. indicated or as otherwise prescribed by the miles from the center of a given unit of area. 2034 Forwarding for Postal Service Postal Service. The first zone also applies to mail between Adjustments. When mail is forwarded due to 3070 Marking of Unpaid Mail Postal Service adjustments (such as, but not two post offices in the same sectional center. limited to, the discontinuance of the post Matter authorized for mailing without 4033 Second Zone. The second zone office of original address, establishment of prepayment of postage must bear markings includes all units of area outside the first rural carrier service, conversion to city identifying the class of mail service. Matter zone lying in whole or in part within a radius delivery service from rural, readjustment of so marked will be billed at the applicable rate of approximately 150 miles from the center delivery districts, or renumbering of houses of postage set forth in this Schedule. Matter of a given unit of area. and renaming of streets), it is forwarded not so marked will be billed at the applicable 4034 Third Zone. The third zone includes without charge for a period of time specified First-Class rate of postage. all units of area outside the second zone by the Postal Service. lying in whole or in part within a radius of 3080 Refund of Postage approximately 300 miles from the center of 3000 POSTAGE AND PREPARATION When postage and special service fees have a given unit of area. 3010 Packaging been paid on mail for which no service is 4035 Fourth Zone. The fourth zone includes all units of area outside the third Mail must be packaged so that: rendered for the postage or fees paid, or zone lying in whole or in part within a radius a. The contents will be protected against collected in excess of the lawful rate, a approximately 600 miles from the center of deterioration or degradation; refund may be made. There shall be no b. The contents will not be likely to refund for registered, COD, and insured fees a given unit of area. damage other mail, Postal Service employees when the article is later withdrawn by the 4036 Fifth Zone. The fifth zone includes or property, or to become loose in transit; mailer. In cases involving returned articles all units of area outside the fourth zone lying c. The package surface must be able to improperly accepted because of excess size in whole or in part within a radius of retain postage indicia and address markings; or weight, a refund may be made. approximately 1,000 miles from the center of a given unit of area. d. It is marked by the mailer with a 3090 Calculation of Postage material which is not readily water soluble 4037 Sixth Zone. The sixth zone includes nor which can be easily rubbed off or When a rate schedule contains per piece all units of area outside the fifth zone lying smeared, and the marking will be sharp and and per pound rates, the postage shall be the in whole or in part within a radius of clear. sum of the charges produced by those rates. approximately 1,400 miles from the center of When a rate schedule contains a minimum- a given unit of area. 3020 Envelopes per-piece rate and a pound rate, the postage 4038 Seventh Zone. The seventh zone Paper used in the preparation of envelopes shall be the greater of the two. When the includes all units of area outside the sixth may not be of a brilliant color. Envelopes computation of postage yields a fraction of a zone lying in whole or in part within a radius must be prepared with paper strong enough cent in the charge, the next higher whole cent of approximately 1,800 miles from the center to withstand normal handling. must be paid. of a given unit of area. 55102 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

4039 Eighth Zone. The eighth zone articles, when imposed under law by the U.S. Research (AHCPR), so the regulations includes all units of area outside the seventh Department of the Treasury; U.S. Department will not have to be amended each time zone. of Agriculture; U.S. Department of a new research project grant program is Commerce; U.S. Department of Health and 4040 Zoned Rates established by statute or administrative Human Services, U.S. Department of Except as provided in section 4050, rates Transportation; and any other Federal action. according to zone apply for zone-rated mail department or agency having legal EFFECTIVE DATE: This final rule is sent between Postal Service facilities jurisdiction. effective on November 25, 1996. including armed forces post offices, wherever 6020 Minimum Size Standards FOR FURTHER INFORMATION CONTACT: located. Mr. Jerry Moore, NIH Regulatory Affairs The following minimum size standards 4050 APO/FPO Mail Officer, National Institutes of Health, apply to all mailable matter: 4051 General. Except as provided in a. All items must be at least 0.007 inches Building 31, Room 1B05, 31 CENTER section 4052, the rates of postage for zone- thick, and DR MSC 2075, BETHESDA, MD 20892– rated mail transported between the United b. all items, other than keys and 2075, telephone (301) 496–4606 (this is States, or the possessions or territories of the identification devices, which are 0.25 inch not a toll-free number). United States, on the one hand, and Army, thick or less must be SUPPLEMENTARY INFORMATION: The Air Force and Fleet Post Offices on the other, i. rectangular in shape, or among the latter, shall be the applicable regulations at 42 CFR part 52 governing ii. at least 3.5 inches in width, and PHS grants for research projects were zone rates for mail between the place of iii. at least 5 inches in length. mailing or delivery and the city of the last amended on September 27, 1984 (49 postmaster serving the Army, Air Force or 6030 Maximum Size and Weight Standards FR 38110). Since then, Congress enacted Fleet Post Office concerned. Where applicable, the maximum size and a number of statutes establishing 4052 Transit Mail. The rates of postage weight standards for each class of mail are set research grant programs similar to those for zone-rated mail which is mailed at or forth in sections 130, 230, 330 and 430. listed in § 52.1 of the current regulation. addressed to an armed forces post office and Additional limitations may be applicable to In the past, new statutory authority which is transported directly to or from specific subclasses, and rate and discount armed forces post offices at the expense of would have been implemented by categories as provided in the eligibility adding the new programs to the list of the Department of Defense, without transiting provisions for each subclass or category. any of the 48 contiguous states (including the programs in § 52.1. District of Columbia), shall be the applicable * * * * * However, after considering the long local zone rate; provided, however, that if the 5. In Appendix A under Rate list of programs to be added and the distance from the place of mailing to the Schedules, the table First-Class Mail very limited number of substantive embarkation point or the distance from the Rate Schedule 221, Letters and Sealed changes necessitated by the new point of debarkation to the place of delivery Parcels is amended by removing under statutes, the NIH is deleting the listing is greater than the local zone for such mail, ‘‘Regular, Piece’’ the entry for Courtesy of research project grant programs in postage shall be assessed on the basis of the Envelope Mail. distance from the place of mailing to the § 52.1, and references to that listing in embarkation point or the distance from the Cyril J. Pittack, other sections. The regulations are point of debarkation to the place of delivery Acting Secretary. amended to apply to all research project of such mail, as the case may be. The word [FR Doc. 96–27247 Filed 10–23–96; 8:45 am] grant programs administered by the ‘‘transiting’’ does not include enroute BILLING CODE 7710±FW±P PHS, except for grants for health transfers at coastal gateway cities which are services research, demonstration, and necessary to transport military mail directly evaluation projects administered by the between military post offices. DEPARTMENT OF HEALTH AND AHCPR. Thus, in the future it will not 5000 PRIVACY OF MAIL HUMAN SERVICES be necessary to include a long list of 5010 First-Class and Express Mail programs in the regulations or to go Public Health Service through the lengthy process of Matter mailed as First-Class Mail or amending the regulations in order for Express Mail shall be treated as mail which is sealed against postal inspection and shall 42 CFR Part 52 them to apply to a newly established not be opened except as authorized by law. program. RIN 0905±AC02 The PHS and/or its components that 5020 All Other Mail Grants for Research Projects award research project grants will Matter not paid at First-Class Mail or periodically publish a list of all the Express Mail rates must be wrapped or AGENCY: National Institutes of Health, research project grant programs to secured in the manner prescribed by the Public Health Service, HHS. which the regulations apply and the Postal Service so that the contents may be examined. Mailing of sealed items as other ACTION: Final rule. applicability of the regulations to new than First-Class Mail or Express Mail is programs will be announced as PHS considered consent by the sender to the SUMMARY: The National Institutes of components initiate those programs. postal inspection of the contents. Health (NIH) is amending the Under § 52.1, the amended regulations regulations governing Public Health clearly apply to all research project 6000 MAILABLE MATTER Service (PHS) grants for research grants administered by the PHS except 6010 General projects to: accommodate changes for the AHCPR grants referenced above. Mailable matter is any matter which: necessitated by enactment of various Thus, the lists described above are a. Is not mailed in contravention of 39 statutes governing research project grant provided for the convenience of U.S.C. Chapter 30, or of 17 U.S.C. 109; programs administered by the PHS; interested members of the public, rather b. While in the custody of the Postal updated references to statutes and than serving as a substantive notice of Service is not likely to become damaged regulations; and cover all research the applicability of the regulations. A itself, to damage other pieces of mail, to project grant programs administered by cause injury to Postal Service employees or list of the current research project grant to damage Postal Service property; and the PHS, except for grants for health authorities implemented by the c. Is not mailed contrary to any special services research, demonstration, and regulations follows: conditions or limitations placed on evaluation projects administered by the (1) Research into the cause, diagnosis, transportation or movement of certain Agency for Health Care Policy and treatment, control, or prevention of the Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55103 physical or mental diseases, injuries, or (13) Research relating to medical section 2320 of the Act (42 U.S.C. impairments to human life, as rehabilitation, as authorized by section 300cc–20); authorized by sections 301, 303 and 452 of the Act (42 U.S.C. 285g–4); (25) Research relating to AIDS related provisions of the Public Health (14) Research on clinical and health conducted outside the United States by Service Act (Act) (42 U.S.C. 241, 242a); services on eye care and diabetes, as qualified foreign professionals and (2) Research into the prevention and authorized by section 456 of the Act (42 collaborative research involving control of childhood lead poisoning, as U.S.C. 285i–1); American and foreign participants, as authorized under section 301 of the Act (15) Research on multiple sclerosis, authorized in section 2354 of the Act (42 U.S.C. 241); especially research on the effects of (42 U.S.C. 300cc–41); (3) Epidemiologic studies, and state- genetics and hormonal changes on the (26) Basic research to identify, based research capacity building progress of the disease, as authorized by characterize, and quantify risks to projects for the prevention of primary section 460 of the Act (42 U.S.C. 285j– human health from air pollutants, as and secondary disabilities, as 3); authorized by section 103 of the Clean authorized under section 301 of the Act (16) Research on the social, Air Act (42 U.S.C. 7403); (42 U.S.C. 241); behavioral, and biomedical etiology, (27) Electronic product radiation (4) Ecological and epidemiologic mental and physical health control research programs designed to research studies in Lyme disease, consequences, and social and economic protect the public health and safety including disease surveillance, consequences of alcohol abuse and from electronic product radiation, as development and evaluation of alcoholism, as authorized by section authorized by section 532 of the Federal prevention and control studies, and 464H of the Act (42 U.S.C. 285n); Food, Drug, and Cosmetic Act (21 U.S.C. development of improved diagnostic (17) Health services research activities 360ii); (28) Research into areas where a tests, as authorized under section 301 of with respect to the prevention of alcohol microgravity environment may the Act (42 U.S.C. 241); abuse and treatment of alcoholism, as contribute to significant progress in the (5) Investigation to identify strategies authorized by section 464H of the Act understanding and treatment of diseases for prevention of childhood deaths from (42 U.S.C. 285n) and defined in section and other medical conditions, as diarrhea, as authorized under sections 409 of the Act (42 U.S.C. 284d); authorized by section 603 of the 301 and 317(k)(3) of the Act (42 U.S.C. (18) Research under the Medication National Aeronautics and Space 241, 247(k)(3)); Development Program to encourage and (6) HIV/AIDS surveillance, HIV Administration Authorization Act, promote the development and use of serosurveillance surveys and studies, Fiscal Year 1993 (42 U.S.C. 2487b); medications to treat drug addiction; and and epidemiologic research studies of (29) Support for radiation studies and to collect, analyze, and disseminate AIDS and HIV infection, as authorized research, as authorized under section data, as authorized by section 464P of under sections 301 and 317(k)(3) of the 301 of the Act (42 U.S.C. 241) and by the Act (42 U.S.C. 285o–4); Act (42 U.S.C. 241 and 247b(k)(3)); section 20(a) of the Occupational Safety (7) Surveillance and epidemiologic (19) Research on health related and Health Act of 1970 (29 U.S.C. studies for the prevention of infectious educational technologies, medical 669(a)); diseases and injuries in children in library science and related activities, (30) Research on occupational safety child day care settings, as authorized and for the development or and health problems in industry, as under sections 301, 317(k)(3), and 391 dissemination of new knowledge, authorized by section 20(a) of the of the Act (42 U.S.C. 241, 247b(k)(3), techniques, systems, and equipment for Occupational Safety and Health Act of 280b); processing, storing, retrieving, and 1970 (29 U.S.C. 669a) and section 501 (8) Research for the development of distributing information pertaining to of the Federal Coal Mine Health and knowledge and approaches to the health sciences, as authorized by section Safety Act of 1969 (30 U.S.C. 951); and epidemiology, etiology, diagnosis, 473 of the Act (42 U.S.C. 286b–4); (31) Research to stimulate health- treatment, control and prevention of (20) Research in the biomedical, related technological innovation narcotic addiction and intravenous (IV)- contraceptive development, behavioral, especially through the use of small related AIDS and drug abuse, as and program implementation fields business, minority and disadvantaged authorized under sections 301 and 405 related to family planning and firms and increased private sector of the Act (42 U.S.C. 241, 284); population, as authorized by section commercialization of innovations (9) Research into prevention and 1004 of the Act (42 U.S.C. 300a–2); derived from Federal research and control of tuberculosis, especially (21) Research on the causes, development, as authorized under research concerning strains of consequences and approaches of coping section 301 of the Act, (42 U.S.C. 241), tuberculosis resistant to drugs and with adolescent sexual relations, in accordance with the procedures research concerning cases of contraceptive use, pregnancy, and prescribed pursuant to the Small tuberculosis that affect certain parenthood, as authorized by section Business Innovation Development Act populations, as authorized by section 2008 of the Act (42 U.S.C. 300z–7); of 1982 (15 U.S.C. 638). 317(k) of the Act (42 U.S.C. 247b(k)); (22) Research relating to the A more detailed listing of the (10) Injury prevention and control evaluation of drug treatments for AIDS programs implemented by this rule, as research, as authorized by section 391 of not approved by the Commissioner of listed in the Catalog of Federal Domestic the Act (42 U.S.C. 280b); Food and Drugs, as authorized by Assistance, appears at the end of this (11) Research on osteoporosis, paget’s section 2314 of the Act (42 U.S.C. preamble. disease and related bone disorders, as 300cc–14); In addition to the actions noted above, authorized by section 409A of the Act (23) International research relating to NIH is limiting the citation of authority (42 U.S.C. 284e). the development and evaluation of for issuance of the regulations to the (12) Biomedical research in areas vaccines and treatments for AIDS, as Secretary’s general statutory authority relating to Alzheimer’s disease and authorized by section 2315 of the Act for the issuance of regulations set forth related dementias, as authorized by (42 U.S.C. 300cc–15); in section 215 of the PHS Act, rather section 445B of the Act (42 U.S.C. 285e– (24) Long-term research into than citing the statutory authority for 4); treatments for AIDS, as authorized by each research project grant program. 55104 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

The latter provisions do not require or amendments in this rule, the Secretary 93.394—Cancer Detection and Diagnosis explicitly authorize the issuance of certifies that this rule will not have a Research regulations and thus 1 CFR part 21, significant economic impact on a 93.395—Cancer Treatment Research subpart B, does not require inclusion of substantial number of small entities 93.396—Cancer Biology Research those statutes in the authority citation. 93.821—Biophysics and Physiological and, therefore, a regulatory flexibility Sciences Research The regulations are amended by analysis, as defined under the 93.837—Heart and Vascular Diseases making minor changes required by new Regulatory Flexibility Act of 1980, is not Research statutory authority, simplifying the required. 93.838—Lung Diseases Research language in §§ 52.2–52.4 and 52.6, 93.839—Blood Diseases and Resources updating PHS Act section numbers Paperwork Reduction Act Research referenced in part 52 as necessitated by This rule does not contain 93.846—Arthritis, Musculoskeletal and Skin enactment of legislation, and updating information collection requirements Diseases Research the listing of HHS policies and subject to review and approval by the 93.847—Diabetes, Endocrinology and Metabolic Research regulations in § 52.8. The NIH Office of Management and Budget announced its plans to make these 93.848—Digestive Diseases and Nutrition (OMB) under the Paperwork Reduction Research changes in the notice of proposed Act of 1995 (44 U.S.C. chapter 35). 93.849—Kidney Diseases, Urology and rulemaking (NPRM) that it published in Catalog of Federal Domestic Assistance Hematology Research the Federal Register of August 2, 1994 93.853—Clinical Research Related to (59 FR 39312). The NIH received no The Catalog of Federal Domestic Neurological Disorders comments concerning the NPRM. Thus, Assistance (CFDA) numbered programs 93.854—Biological Basis Research in the no substantive changes were made to affected by the regulations are: Neurosciences the proposed regulations. However, 93.855—Allergy, Immunology, and language was added to the preamble and 93.113—Biological Response to Transplantation Research Environmental Health Hazards 93.856—Microbiology and Infectious § 52.1(a) to explicitly indicate that part 93.114—Applied Toxicological Research and 52 does not apply to grants for health Diseases Research Testing 93.859—Pharmacological Sciences services research, demonstration, and 93.115—Biometry and Risk Estimation— 93.862—Genetics Research evaluation projects administered by the Health Risks from Environmental 93.863—Cellular and Molecular Basis of AHCPR. Exposures Disease Research The following statements are 93.118—Acquired Immunodeficiency 93.864—Population Research provided for the information of the Syndrome (AIDS) Activity 93.865—Research for Mothers and Children public. 93.121—Oral Diseases and Disorders 93.866—Aging Research The PHS strongly encourages all grant Research 93.867—Vision Research recipients to provide a smoke-free 93.135—Centers for Research and 93.879—Medical Library Assistance Demonstration for Health Promotion and 93.929—Center for Medical Rehabilitation workplace and to promote the nonuse of Disease Prevention all tobacco products, and Public Law Research 93.136—Injury Control Research Projects 93.934—Fogarty International Research 103–227, the Pro-Children Act of 1994, 93.154—Special International Postdoctoral Collaboration Award prohibits smoking in certain facilities Research Program in Acquired 93.939—Blood Diseases and Resources that receive Federal funds in which Immunodeficiency Syndrome Research education, library, day care, health care, 93.173—Biological Research Related to 93.941—HIV Demonstration, Research, and early childhood development Deafness and Communicative Disorders Public and Professional Education services are provided to children. 93.184—Disabilities Prevention Projects 93.198—Biological Models and Materials 93.942—Research, Treatment and Education Executive Order 12866 Resources Program Programs on Lyme Disease in the United Executive Order 12866 requires that 93.242—Mental Health Research Grants States 93.262—Occupational Safety and Health 93.943—Epidemiologic Research Studies of all regulatory actions reflect Research Grants consideration of the costs and benefits Acquired Immunodeficiency Syndrome 93.271—Alcohol Scientist Development (AIDS) and Human Immunodeficiency they generate, and that they meet certain Award; Scientist Development Award for Virus (HIV) Infection in Selected standards, such as avoiding the Clinicians; and Research Scientist Award Population Groups imposition of unnecessary burdens on 93.273—Alcohol Research Programs 93.947—Tuberculosis Demonstration, the affected public. If a regulatory action 93.277—Drug Abuse Scientist Development Research, Public and Professional is deemed to fall within the scope of the Award for Clinicians, and Scientist Education definition of the term ‘‘significant Development Awards List of Subjects in 42 CFR Part 52 regulatory action’’ contained in section 93.279—Drug Abuse Research Programs 93.281—Mental Health Research Scientist 3(f) of the Order, pre-publication review Grant programs—Health; Medical Development Award, Research Scientist research; Occupational safety and by the Office of the Management and Development Award for Clinicians, and Budget’s Office of Information and Research Scientist Award health. Regulatory Affairs (OIRA) is necessary. 93.283—Centers for Disease Control- Dated: July 25, 1996. This rule was reviewed under Executive Investigation and Technical Assistance Harold Varmus, Order 12866 by OIRA and was 93.306—Comparative Medicine Program Director, NIH. determined to be not significant. (formerly called Laboratory Animal Sciences and Primate Research) For reasons set out in the preamble, Regulatory Flexibility Act 93.333—General Clinical Research Centers part 52 of title 42 of the Code of Federal The Regulatory Flexibility Act of 1980 93.361—Nursing Research Regulations is amended as set forth (5 U.S.C. chapter 6) requires that 93.371—Biomedical Research Technology below. 93.389—Research Centers in Minority regulatory actions be analyzed to Institutions PART 52ÐGRANTS FOR RESEARCH determine whether they create a 93.390—Academic Research Enhancement PROJECTS significant impact on a substantial Award number of small entities. Because of the 93.393—Cancer Cause and Prevention 1. The authority citation for part 52 is nonsubstantive nature of the Research revised to read as follows: Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55105

Authority: 42 U.S.C. 216. for Disease Control and Prevention, the (2) With respect to activities in the 2. Section 52.1 is revised to read as Food and Drug Administration, the Western Hemisphere, activities follows: Health Resources and Services conducted by, or in cooperation with, Administration, the Indian Health the Pan American Health Organization § 52.1 To which programs do these Service, the National Institutes of or the World Health Organization. regulations apply? Health, the Office of the Assistant 5. Section 52.4 is revised to read as (a) General. The regulations of this Secretary for Health, the Substance follows: party apply to all health-related research Abuse and Mental Health project grants administered by the PHS Administration, and the Agency for § 52.4 How to apply for a grant. or its components, except for grants for Toxic Substances and Disease Registry. Each institution interested in health services research, demonstration, Research means a systematic applying for a grant under this part must and evaluation projects administered by investigation, study or experiment submit an application at such time and the Agency for Health Care Policy and designed to contribute to general in such form and manner as the Research. These regulations do not knowledge relating broadly to public Secretary may prescribe. apply to research grants that are not for health by establishing, discovering, 6. Section 52.6 is amended as follows: the support of an identified research developing, elucidating or confirming In paragraph (a) the first sentence is project (sometimes referred to as general information about, or the underlying revised to read as set forth below; research support grants), grants for the mechanisms relating to, the biological paragraphs (b), (c), (d) and (e) are construction or operation of research functions, diseases, or related matters to redesignated (c), (d), (e) and (f), facilities, grants for prevention or be studied. respectively; new paragraph (b) is educational programs, demonstration Secretary means the Secretary of HHS added; and newly designated grants, traineeships, training grants, or and any other officer or employee of the paragraphs (c)(2) and (d) are revised to to the support of research training under HHS to whom the authority involved read as follows: the National Research Service Awards may be delegated. § 52.6 Grant awards. program. 4. Section 52.3 is revised to read as (b) Specific programs covered. From follows: (a) Within the limits of funds time to time the Secretary will publish available for that purpose, the Secretary a list of the research project grant § 52.3 Who is eligible to apply for a grant? will award a grant to those applicants programs covered by this part. The list (a) Persons eligible. Any individual, whose approved projects will in the is for informational purposes only and corporation, public or private institution Secretary’s judgment best promote the is not intended to restrict the statement or agency, or other legal entity shall be purposes of the statute authorizing the of applicability in paragraph (a) of this eligible for a grant award, except: grant and the regulations of this section. In addition, information on (1) An individual or entity which is part. * * * (b) Evaluation of unapproved drug particular research project grant otherwise ineligible for an award under treatments for AIDS. Grants under programs, including applications and applicable law or regulation; section 2314 of the Act to support instructions, may be obtained from the (2) Federal agencies or institutions, research relating to the evaluation of component of the PHS that administers unless specifically authorized by law to drug treatments for AIDS not approved the program. receive the grant; or 3. Section 52.2 is revised to read as (3) Individuals, corporations, by the Commissioner of Food and follows: institutions, agencies, and other entities Drugs, shall be subject to appropriate during the period they are debarred or scientific and ethical guidelines § 52.2 Definitions. suspended from eligibility for Federal established by the Secretary for each As used in this part: financial assistance (see 45 CFR part project, pursuant to section 2314(c) of Act means the Public Health Service 76). the Act. In order to receive a grant, the Act, as amended (42 U.S.C. 201 et seq.). (b) Permissible activities within applicant must agree to comply with Grantee means the institution, research projects. Any project found by those guidelines. organization, individual or other person the Secretary to be a research project (c) Notice of grant award. designated in the grant award document within the meaning of this part shall be (1) * * * as the responsible legal entity to whom eligible for a grant award. Eligible (2) Generally, the grant will initially a grant is awarded under this part. The projects may consist of laboratory, be for one year and subsequent term shall also mean the recipient of a clinical, population, field, statistical, continuation awards will also be for one cooperative agreement awarded under basic, applied or other types of year at a time. A grantee must submit an this part. investigations, studies or experiments, application at the time and in the form HHS means the Department of Health or combinations thereof, and may either and manner as the Secretary may and Human Services. be limited to one, or a particular aspect prescribe to have support continued for Principal investigator means a single of a problem or subject, or may consist each subsequent year. individual designated by the grantee in of two or more related problems or (3) * * * the grant application and approved by subjects for concurrent or consecutive (d) Multiple or concurrent awards. the Secretary, who is responsible for the investigation and involving multiple Whenever a research project involves a scientific and technical direction of the disciplines, facilities and resources. number of different but related project. (c) Preferences. In the award of grants problems, activities or disciplines Project means the particular activity for international research relating to the which require evaluation by different for which funding is sought under this development and evaluation of vaccines groups, or whenever support for a part as described in the application for and treatments for AIDS under section project could be more effectively grant award. 2315 of the Act, preference shall be administered by separate handling of Public Health Service and PHS means given to: separate aspects of the project, the the operating division of the Department (1) Activities conducted by, or in Secretary may evaluate, approve and that consists of the Agency for Health cooperation with, the World Health make awards pursuant to two or more Care Policy and Research, the Centers Organization, and concurrent applications, each dealing 55106 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations with one or more specified aspects of Women and Minorities as Subjects in Institutes of Health Revitalization Act of the project. Clinical Research. 1993, and is merging the regulations * * * * * [Note: This policy is subject to changes, governing its grants for national alcohol 7. Section 52.8 is revised to read as and interested persons should contact the research centers with its center grant follows: Office of Research on Women’s Health, NIH, regulations in accordance with the goals Room 201, Building 1, MSC 0161, of the President’s Regulatory § 52.8 Other HHS policies and regulations BETHESDA, MD 20892–0161 (301–402– Reinvention Initiative. that apply. 1770; not a toll-free number) to obtain Several other HHS policies and references to the current version and any EFFECTIVE DATE: This final rule is regulations apply to grants under this amendments.] effective on November 25, 1996. part. These include, but are not 59 FR 34496 (July 5, 1994)—NIH FOR FURTHER INFORMATION CONTACT: necessarily limited to: Guidelines for Research Involving Mr. Jerry Moore, NIH Regulatory Affairs 37 CFR part 401—Rights to inventions Recombinant DNA Molecules. Officer, National Institutes of Health, made by nonprofit organizations and Building 31, Room 1B25, 31 Center Dr., [Note: This policy is subject to changes, small business firms under and interested persons should contact the MSC 2075, Bethesda, MD 20892–2075, government grants, contracts, and Office of Recombinant DNA Activities, NIH, telephone (301) 496–4606 (not a toll-free cooperative agreements Suite 323, 6000 Executive Boulevard, MSC number). For program information 42 CFR part 50, subpart A— 7010, Bethesda, MD 20892–7010 (301–496– contact the Office of Extramural Responsibility of PHS awardee and 9838; not a toll-free number) to obtain Research, National Institutes of Health, applicant institutions for dealing with references to the current version and any Shannon Building, Room 144, One and reporting possible misconduct in amendments.] Center Dr., MSC 0152, Bethesda, MD science ‘‘PHS Grants Policy Statement,’’ 20892–0152, telephone (301) 496–1096 42 CFR part 50, subpart D—Public DHHS Publication No. (OASH) 94– (not a toll-free number). Health Service grant appeals 50,000 (Rev.) April 1, 1994. SUPPLEMENTARY INFORMATION: procedure On July 42 CFR part 50, subpart F— [Note: This policy is subject to changes, 10, 1992, the Alcohol, Drug Abuse, and Responsibility of applicants for and interested persons should contact the Mental Health Administration promoting objectively in research for Grants Policy Branch, OASH, Room 17A45, (ADAMHA) Reorganization Act, Public Parklawn Building, 5600 Fishers Lane, Law 102–321, was enacted. That Act which PHS funding is sought Rockville, MD 20857 (301–443–1874; not a 45 CFR part 16—Procedures of the restructured the Alcohol, Drug Abuse, toll-free number) to obtain references to the and Mental Health Administration Departmental Grant Appeals Board current version and any amendments.] 45 CFR part 46—Protection of human (ADAMHA) by transferring the National subjects ‘‘Public Health Service Policy on Institute on Alcohol Abuse and 45 CFR part 74—Administration of Humane Care and Use of Laboratory Alcoholism (NIAAA), the National grants Animals,’’ Office for Protection from Institute on Drug Abuse (NIDA), and the 45 CFR part 75—Informal grant appeals Research Risks, NIH (Revised September National Institute of Mental Health procedures 1986). (NIMH) to NIH, effective October 1, 45 CFR part 76—Governmentwide [Note: This policy is subject to changes, 1992, and provided for the debarment and suspension and interested persons should contact the administration of treatment and service (nonprocurement) and Office for Protection from Research Risks, programs under a newly created governmentwide requirements for NIH, Suite 3B01, 6100 Executive Boulevard, Substance Abuse and Mental Health drug-free workplace (grants) MSC 7507, Rockville, MD 20852–7507 (301– Services Administration (SAMHSA). 45 CFR part 80—Nondiscrimination 496–7005; not a toll-free number) to obtain Section 122 of that Act transferred under programs receiving Federal references to the current version and any Public Health Service (PHS) Act section amendments.] assistance through the Department of 511, ‘‘National Alcohol Research Health and Human Services— 8. The heading of § 52.9 is revised to Center,’’ to title IV, part C, subpart 14 effectuation of title VI of the Civil read as follows: of the Act, and redesignated the section Rights Act of 1964 § 52.9 Additional conditions. as PHS Act section 464J. Under section 45 CFR part 81—Practice and procedure 464J, the Secretary, acting through for hearings under part 80 of this title [FR Doc. 96–26976 Filed 10–23–96; 8:45 am] NIAAA, may designate National 45 CFR part 84—Nondiscrimination on BILLING CODE 4140±01±M Alcohol Research Centers for the the basis of handicap in programs and purpose of interdisciplinary research activities receiving Federal financial relating to alcoholism and other assistance 42 CFR Parts 52a and 54a 45 CFR part 86—Nondiscrimination on biomedical, behavioral and social issues RIN 0905±AE00 the basis of sex in education programs related to alcoholism and alcohol abuse, and activities receiving or benefiting and shall make annual grants to the National Institutes of Health Center Centers, including a grant to a from Federal financial assistance Grants 45 CFR part 91—Nondiscrimination on designated Center for research on the the basis of age in HHS programs or AGENCY: Public Health Service, effects of alcohol on the elderly. activities receiving Federal financial Department of Health and Human Additionally, section 123 of the assistance Services. ADAMHA Reorganization Act added a 45 CFR part 92—Uniform administrative ACTION: Final rule. new section 464N to the PHS Act which requirements for grants and authorizes the Director of NIDA to cooperative agreements to State and SUMMARY: The National Institutes of designate National Drug Abuse Research local governments Health (NIH) is amending its center Centers for the purpose of 45 CFR part 93—New restrictions on grants regulations in order to interdisciplinary research relating to lobbying incorporate changes necessitated by drug abuse and other biomedical, 59 FR 14508 (March 28, 1994)—NIH enactment of the ADAMHA behavioral, and social issues related to Guidelines on the Inclusion of Reorganization Act and the National drug abuse. Under section 464N, the Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55107

Director of NIDA is authorized to make and 464N, and for the authority merge the national alcohol research annual grants to these Centers. pertaining to grants for national alcohol centers regulations with the center Subsequently, the National Institutes research centers set forth in PHS Act grants regulations are technical in of Health Revitalization Act of 1993, section 464J. Part 54a, entitled, ‘‘Grants nature and do not require any Public Law 103–43, was enacted on For Alcohol Abuse And Alcoholism substantive changes in the center grants June 10, 1993. Provisions of that Act Prevention, Treatment, And regulations or the national alcohol authorized several new center grant Rehabilitation Services And National research centers regulations, as they programs that should be covered by part Alcohol Research Centers,’’ is removed were proposed. Only one comment was 52a. Specifically, section 417 of the PHS from the Code of Federal Regulations. received concerning the previously Act, as added by section 401 of Public Section 52a.1 is amended by adding published NPRMs. That comment Law 103–43, authorizes centers for language reflecting the applicability of indicated support for the proposed breast cancer research; section 417A of part 52a to these new center grant changes to the center grant regulations. the PHS Act, as added by section 402 of programs and the grants for national No comments were received concerning Public Law 103–43, authorizes prostate alcohol research centers program, and is the proposed changes to the national cancer research and demonstration restructured for improved clarity into alcohol research centers regulations. centers; section 422 of the PHS Act, as three separate paragraphs. Language is The following statements are amended by section 502 of Public Law added in the first paragraph to clarify provided as information for the public. 103–43, authorizes centers for the study that center grants awarded under of pediatric cardiovascular diseases; sections 441, 464C, and 2316 of the PHS Executive Order 12866 section 431 of the PHS Act, as amended Act include payments for alteration, Executive Order 12866 requires that by section 601 of Public Law 103–43, remodeling, improvement, expansion, all regulatory actions reflect authorizes centers for research and and repair of existing buildings, and the consideration of the costs and benefits training regarding nutritional disorders, provision of equipment necessary to they generate, and that they meet certain including obesity; section 447 of the make them suitable for use as a center. standards, such as avoiding the PHS Act, as added by section 902 of Section 52a.2 is amended by adding imposition of unnecessary burdens on Public Law 103–43, authorizes research definitions of the terms ‘‘Director’’, the affected public. If a regulatory action centers regarding chronic fatigue ‘‘Grant(s)’’, and ‘‘Project period’’, and is deemed to fall within the scope of the syndrome; section 452A of the PHS Act, revising the definition of the term definition of the term ‘‘significant as added by section 1001 of the Public ‘‘Center’’ to include each new type of regulatory action’’ contained in section Law 103–43, authorizes research centers center and the national alcohol research 3(f) of the Order, pre-publication review with respect to contraception and centers. by the Office of Management and infertility; and section 452C of the PHS Section 52a.3 is amended by adding Budget’s Office of Information and Act, as added by section 1021 of Public references to PHS Act sections 417, Regulatory Affairs (OIRA) is necessary. Law 103–43, authorizes child health 417A, 431, 447, 452A, 452C, and 464J in This rule was reviewed under Executive research centers. paragraph (a) and adding a reference to Order 12866 and was determined to be NIH published proposed amendments PHS Act section 464N in paragraph (b). not significant. to its center grant regulations codified at Section 52a.7 is amended to correct 42 CFR part 52a, in a notice of proposed the reference to 45 CFR part 74. Regulatory Flexibility Act rule making (NPRM) published in the In section 52a.8, the references to 45 The Regulatory Flexibility Act of 1980 Federal Register February 17, 1995 (60 CFR part 74, the guidelines for research (5 U.S.C. chapter 6) requires that FR 9560). NIH also published another involving recombinant DNA and the regulatory actions be analyzed to NPRM in the Federal Register August PHS policy on the care and use of determine whether they create a 19, 1994 (59 FR 42793), in which it laboratory animals are amended to significant impact on a substantial published proposed amendments to the reflect Federal Register format number of small entities. I certify that regulations codified at 42 CFR part 54a requirements, and references to the this final rule does not have a governing grants for national alcohol regulations to ensure objectivity in PHS- significant economic impact on a research centers in order to set forth funded research at 42 CFR part 50, substantial number of small entities changes necessitated by enactment of subpart F, and the NIH Guidelines on and, therefore, a regulatory flexibility the ADAMHA Reorganization Act. the Inclusion of Women and Minorities analysis, as defined under the Subsequently, in March 1995, the as Human Subjects in Clinical Research Regulatory Flexibility Act of 1980, is not President announced the are added. The title of § 52a.8 is required. Administration’s plan for reform of the amended to reflect that policies, as well Federal regulatory system. In as regulations, are referenced. Paperwork Reduction Act accordance with the goals of the Finally, the Department strongly This final rule does not contain President’s Regulatory Reform Initiative, encourages all grant recipients to information collection requirements part of the President’s Reinventing provide a smoke-free workplace and to which are subject to Office of Government effort, NIH decided to promote the nonuse of all tobacco Management and Budget approval merge the regulations governing grants products, and Public Law 103–227, the under the Paperwork Reduction Act of for national alcohol research centers Pro-Children Act of 1994, prohibits 1995 (44 U.S.C. chapter 35). with the center grants regulations, smoking in certain facilities that receive thereby creating a single uniform set of Federal funds in which education, Catalog of Federal Domestic Assistance rules governing all of its center grant library, day care, health care, and early The Catalog of Federal Domestic programs set forth in title IV of the PHS childhood development services are Assistance numbered programs affected Act. provided to children. by this final rule are: Accordingly, the authority citation of Pursuant to section 553 of the 93.173 Multipurpose Deafness and part 52a is revised to include the U. S. Administrative Procedure Act (5 U.S.C. Other Communication Disorders Code citations for the new center grant 553), we have concluded that the Centers authorities set forth in PHS Act sections publication of another NPRM is 93.279 Drug Abuse Research Programs 417, 417A, 422, 431, 447, 452A, 452C, unnecessary because the changes to 93.397 Cancer Centers Support 55108 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

93.837 Heart and Vascular Diseases but not including the acquisition of (2) Grants covered by 42 CFR part 52 Research land), as authorized by section 414 of (grants for research projects); or 93.838 Lung Diseases Research the Act; national cancer research and (3) Grants for general research support 93.839 Blood Diseases and Resources demonstration centers with respect to under section 301(a)(3) of the Act (42 Research breast cancer, as authorized by section U.S.C. 241(a)(3)). 93.846 Arthritis, Musculoskeletal, and 417 of the Act; national cancer research (c) This part also applies to Skin Diseases Research and demonstration centers with respect cooperative agreements made to support 93.847 Diabetes, Endocrinology, and to prostate cancer, as authorized by the centers specified in paragraph (a) of Metabolism Research section 417A of the Act; national this section. When a reference is made 93.848 Digestive Diseases and research and demonstration centers for in this part to ‘‘grants,’’ the reference Nutrition Research heart, blood vessel, lung, and blood shall include ‘‘cooperative agreements.’’ 93.849 Kidney Diseases, Urology and diseases, sickle cell anemia, blood 3. Section 52a.2 is amended by Hematology Research resources and pediatric cardiovascular revising the definition of ‘‘Center’’ and 93.855 Allergy, Immunology, and diseases (including payments for adding definitions of the terms Transplantation Research construction, but not including the ‘‘Director’’, ‘‘Grant(s)’’, and ‘‘Project 93.856 Microbiology and Infectious acquisition of land), as authorized by period’’ to read as follows: Diseases Research section 422 of the Act; research and 93.864 Population Research training centers in diabetes mellitus and § 52a.2 Definitions. 93.865 Research for Mothers and related endocrine and metabolic * * * * * Children diseases (including digestive, kidney, Center means: 93.866 Aging Research and urologic diseases), and research and (1) For purposes of grants authorized 93.981 Alcohol Research Center Grants training centers regarding nutritional by section 414 of the Act, an agency or disorders, including obesity, as institution which provides for planning List of Subjects authorized by section 431 of the Act; and conducting basic and clinical 42 CFR Part 52a multipurpose arthritis and research into, training in, and musculoskeletal diseases centers demonstration of advanced diagnostic, Grant programs—health; Medical control, prevention and treatment research. (including payments for alteration, remodeling, improvement, expansion, methods for cancer; 42 CFR Part 54a and repair of existing buildings, and the (2) For purposes of grants authorized provision of equipment necessary to by section 417 of the Act, an agency or Alcohol abuse, Grant programs— institution which provides for planning health, Medical research. make them suitable for use as a center, but not construction), as authorized by and conducting basic, clinical, Dated: July 16, 1996. Section 441 of the Act; Alzheimer’s epidemiological, psychosocial, Harold Varmus, disease centers, as authorized by section prevention and treatment research and Director, NIH. 445 of the Act; Claude D. Pepper Older related activities on breast cancer; For the reasons set forth in the Americans Independence Centers, as (3) For purposes of grants authorized preamble, subchapter D, chapter I of authorized by section 445A of the Act; by section 417A of the Act, an agency title 42 of the Code of Federal research centers regarding chronic or institution which provides for Regulations is amended as set forth fatigue syndrome, as authorized by planning and conducting basic, clinical, below. section 447 of the Act; research centers epidemiological, psychosocial, 1. Under the authority of 42 U.S.C. with respect to contraception and prevention and control, treatment, 216, part 54a is removed. infertility, as authorized by section research, and related activities on 452A of the Act; child health research prostate cancer; PART 52aÐNATIONAL INSTITUTES OF centers, as authorized by section 452C (4) For purposes of grants authorized HEALTH CENTER GRANTS of the Act; multipurpose deafness and by section 422 of the Act, an agency or other communication disorders centers institution which provides for planning 1a. The authority citation of part 52a (including payments for alteration, and basic and clinical research into, is revised to read as follows: remodeling, improvement, expansion, training in, and demonstration of, Authority: 42 U.S.C. 216, 285a–3, 285a– and repair of existing buildings, and the management of blood resources and 6(c)(1)(E), 285a–7(c)(1)(G), 285b–4, 285c–5, provision of equipment necessary to advanced diagnostic, prevention, and 285d–6, 285e–2, 285e–3, 285f–1, 285g–5, make them suitable for use as a center, treatment methods (including 285g–7, 285m–3, 285n–2, 285o–2, 300cc–16. but not construction), as authorized by emergency services) for heart, blood 2. Section 52a.1 is revised to read as section 464C of the Act; national alcohol vessel, lung, or blood diseases including follows: research centers, as authorized by sickle cell anemia; section 464J of the Act; national drug (5) For purposes of grants authorized § 52a.1 To which programs do these abuse research centers, as authorized by by section 431 of the Act, a single regulations apply? section 464N of the Act; and centers for institution or a consortium of (a) The regulations of this part apply acquired immunodeficiency syndrome cooperating institutions which conducts to grants by the National Institutes of research (including payments for research, training, information Health and its organizational renovation and leasing of existing programs, epidemiological studies, data components to support the planning, buildings, and the provision of collection activities and development of establishment, strengthening or equipment necessary to make them model programs in: diabetes mellitus expansion, and operation of research suitable for use as a center, but not and related endocrine and metabolic and demonstration and/or multipurpose construction), as authorized by section diseases; kidney and urologic diseases; centers in the health fields described in 2316 of the Act. or nutritional disorders, including this paragraph. Specifically, these (b) This part does not apply to: obesity; regulations apply to national cancer (1) Grants for construction (see 42 (6) For purposes of grants authorized research and demonstration centers CFR part 52b), except as noted in by section 441 of the Act, a single (including payments for construction, paragraph (a) of this section; institution or a consortium of Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55109 cooperating institutions which conducts (13) For purposes of grants authorized application and budget, the authorizing basic and clinical research into arthritis by section 464J of the Act, an entity legislation, the regulations of this part, and musculoskeletal diseases and engaged in long-term interdisciplinary the terms and conditions of the award, orthopedic procedures, and provides research relating to alcoholism and and the applicable cost principles training and information programs for other alcohol problems; prescribed in 45 CFR 74.27. health professionals and the general (14) For purposes of grants authorized 6. Section 52a.8 is amended by public; by section 464N of the Act, an entity for revising the heading; revising the (7) For purposes of grants authorized interdisciplinary research relating to reference to 45 CFR part 74; adding by section 445 of the Act, an entity drug abuse and other biomedical, references to 42 CFR part 50, subpart F; (including a university medical center) behavioral, and social issues related to adding an entry for ‘‘59 FR 14508’’ which conducts basic and clinical drug abuse; or immediately following the entry ‘‘45 research (including multidisciplinary (15) For purposes of grants authorized CFR part 93’’; removing the entry ‘‘51 research) into, training in, and by section 2316 of the Act, an entity for FR 16958 or successor’’ and inserting in demonstration of advanced diagnostic, basic and clinical research into, and its place an entry ‘‘59 FR 34496’’; and prevention, and treatment methods for training in, advanced diagnostic, revising the reference to Public Health Alzheimer’s disease; prevention, and treatment methods for Service Policy on Humane Care and Use (8) For purposes of grants authorized acquired immunodeficiency syndrome. of Laboratory Animals to read as by section 445A of the Act, an entity (16) As provided in the section of the follows: which conducts research into the aging Act authorizing the particular program processes and into the diagnosis and § 52a.8 Other HHS regulations and policies or on the determination of the Director, that apply. treatment of diseases, disorders, and a center may include the facilities of a complications related to aging, single institution or a consortium of * * * * * 42 CFR part 50, subpart F— including menopause, which includes cooperating institutions and, if Responsibility of applicants for research on the treatments, and on practical, may be part of an equitable promoting objectivity in research for medical devices and other medical geographical distribution of centers with which PHS funding is sought interventions regarding these diseases, proven research capabilities. disorders, and complications that can Director means the Director of NIH or * * * * * assist individuals in avoiding the organizational component 45 CFR part 74—Uniform institutionalization and prolonged authorized to award grants to support administrative requirements for awards hospitalization and in otherwise centers under this part. and subawards to institutions of higher increasing the independence of the Grant(s) means, unless the context education, hospitals, other nonprofit individuals; otherwise requires, an award of funds to organizations, and commercial (9) For purposes of grants authorized support a center authorized under organizations; and certain grants and by section 447 of the Act, a single § 52a.1. The term includes cooperative agreements with states, local institution or consortium of cooperating agreement(s). governments and Indian tribal institutions which conducts basic and governments * * * * * clinical research on chronic fatigue Project period means the period of * * * * * syndrome; 59 FR 14508 (March 28,1994)—NIH time, from one to five years, specified in (10) For purposes of grants authorized Guidelines on the Inclusion of Women the notice of grant award that the NIH by section 452A of the Act, a single and Minorities as Subjects in Clinical or the awarding component intends to institution or consortium of cooperating Research. [Note: this policy is subject to support a proposed center without institutions which conducts clinical and change, and interested persons should requiring the center to recompete for other applied research, training contact the Office of Research on funds. programs, continuing education Women’s Health, NIH, Room 201, MSC programs, and information programs * * * * * 0161, BETHESDA, MD 20892–0601 with respect to methods of 4. Section 52a.3 is amended by (301–402–1770; not a toll-free number) contraception and infertility; revising paragraphs (a) and (b) to read to obtain references to the current (11) For purposes of grants authorized as follows: version and any amendments.] by section 452C of the Act, an agency § 52a.3 Who is eligible to apply? 59 FR 34496 (July 5,1994)—NIH or institution which conducts research (a) Any public or private nonprofit Guidelines for Research Involving with respect to child health, and gives agency, institution, or consortium of Recombinant DNA Molecules. [Note: priority to the expeditious transfer of agencies is eligible to apply for a grant this policy is subject to change, and advances from basic science to clinical under sections 414, 417, 417A, 422, 445, interested persons should contact the applications and improving the care of 445A, 447, 452A, and 2316 of the Act. Office of Recombinant DNA Activities, infants and children; (b) Any public or private nonprofit or NIH, Suite 323, 6000 Executive (12) For purposes of grants authorized for-profit agency, institution, or Boulevard, MSA 7010, BETHESDA, MD by section 464C of the Act, a single consortium of agencies is eligible to 20892–7010 (301–496–9838; not a toll- institution or a consortium of apply for a grant under sections 431, free number) to obtain references to the cooperating institutions which conducts 441, 452C, 464C, 464J, and 464N of the current version and any amendments.] basic and clinical research into, training Public Health Service Policy on Act. in, information and continuing (c) * * * Humane Care and Use of Laboratory education programs for health 5. Section 52a.7 is revised to read as Animals, Office for Protection from professionals and the general public follows: Research Risks, NIH (Revised September about, and demonstration of, advanced 1986). [Note: this policy is subject to diagnostic, prevention, and treatment § 52a.7 For what purposes may a grantee change, and interested persons should methods for disorders of hearing and spend grant funds? contact the Office for Protection from other communication processes and A grantee shall spend funds it Research Risks, NIH, Suite 3B01, 6100 complications resulting from these receives under this part solely in Executive Boulevard, MSC 7507, disorders; accordance with the approved Bethesda, MD 20892–7507 (301–496– 55110 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

7005; not a toll-free number) to obtain SUPPLEMENTARY INFORMATION: The provided under PHS Act section 487 references to the current version and principal financial assistance support and that is not residency training of any amendments.] mechanism for research training by NIH physicians or other health professionals. 7. Section 52a.9 is revised to read as and its constituent award-making In codifying the establishment of the follows: organizations is through the NRSA Office of AIDS Research (OAR), Public program, authorized by section 487 of Law 103–43 also authorized the Director § 52a.9 Additional conditions. the PHS Act and addressed in of OAR, in carrying out AIDS research, The Director may, with respect to any regulations codified at 42 CFR part 66. to support the training of American grant award, impose additional The regulations which NIH is issuing scientists abroad and foreign scientists conditions prior to or at the time of any concerning training grants do not affect in the United States, as set forth in award when in the Director’s judgment the NRSA Program or amend the section 2354(a)(3)(C) of the PHS Act, as the conditions are necessary to assure regulations codified in part 66. amended. the carrying out of the purposes of the Prior to the advent of the NRSA Additionally, section 2315(a)(1) of the award, the interests of the public health, program, the NIH institutes relied upon PHS Act, as amended, directs the or the conservation of grant funds. provisions of the PHS Act that Secretary, acting through the Director of authorized the institutes to conduct or NIH, to make grants to international [FR Doc. 96–26972 Filed 10–23–96; 8:45 am] support research training. The NRSA organizations concerned with public BILLING CODE 4140±01±P program generally replaced this training health to promote and expedite authority, except in a few isolated cases. international research and training In 1985, the Congress, in a major 42 CFR Part 63a concerning the natural history and revision of NIH’s authorities, the Health pathogenesis of the human Research Extension Act of 1985 (Pub. L. immunodeficiency virus and the RIN 0905±AD56 99–158), authorized the directors of the development and evaluation of vaccines research institutes of NIH to conduct (at and treatments for acquired National Institutes of Health Training NIH) and support non-NRSA research immunodeficiency syndrome (AIDS) Grants training. This authority, as set forth in and opportunistic infections. The John AGENCY: National Institutes of Health, section 405(b)(1)(C) of the PHS Act, is E. Fogarty International Center for Public Health Service, Department of limited to research training for which Advanced Study in the Health Sciences Health and Human Services. fellowship support is not provided (FIC), NIH, also awards grants for under the NRSA program and which is ACTION: Final rule. training in international cooperative not residency training of physicians or biomedical research endeavors to public SUMMARY: The National Institutes of other health professionals. and nonprofit private institutions in the Health (NIH) is issuing regulations Subsequently, on June 26, 1991, NIH United States and participating foreign governing non-National Research published a final rule in the Federal countries under section 307(b)(3) of the Service Award (NRSA) training grants Register (56 FR 29192) revising the PHS Act, as amended. awarded under sections 307(b)(3), regulations at 42 CFR part 64, (then) NIH published a notice of proposed 405(b)(1)(C), 485B(b), 2315(a)(1)(A), and entitled National Institutes of Health rulemaking (NPRM) in the Federal 2354(a)(3)(C) of the Public Health and National Library of Medicine Register of January 24, 1995 (60 FR Service (PHS) Act, as amended, and Training Grants, as part of the overall 4742), in which it announced its plans section 103(h)(2) of the Clean Air Act, updating of all regulations concerning to issue new regulations at part 63a to as amended. Regulations which at one the National Library of Medicine. As a govern implementation of these training time governed both NIH training grants result, part 64 now addresses only NLM grant authorities. One comment and training grants specific to the training grants authorized by section supporting the regulations was received. National Library of Medicine (NLM) 472 of the PHS Act. NIH needs to Consequently, except for a few minor were revised in June of 1991 as part of provide regulations for research training editorial changes, the final regulations the overall updating of all regulations grant authorities not otherwise are the same as those announced in the concerning NLM, and now govern only addressed in the NLM-specific NPRM. NLM-specific training grants. New regulations in part 64. The regulations can be adapted for NIH also needs to provide regulations regulations are necessary to implement future training grant programs (both for training grants authorized by section other non-NRSA research training grant research training and non-research 901 of the Clean Air Act Amendments authorities set forth in the Public Health training). Since the rules for training of 1990, Public Law 101–549, which Service Act and the Clean Air Act. programs are largely the same amended section 103(h)(2) of the Clean irrespective of the funding source, it EFFECTIVE DATE: This final rule is Air Act. Section 901 directs the Director makes sense to have a single set of effective November 25, 1996. of the National Institute of uniform rules that applies to all NIH FOR FURTHER INFORMATION CONTACT: Mr. Environmental Health Sciences (NIEHS) training grant programs, other than Jerry Moore, Regulatory Affairs Officer, to conduct a program for the education NRSA and NLM programs, with National Institutes of Health, 9000 and training of physicians in exceptions or special provisions for Rockville Pike, Building 31, Room 1B– environmental health. particular programs as necessary. 25, 31 Center Dr MSC 2075, Bethesda, In 1993, the Congress, in the most Readers of this final rule should MD 20892–2075, telephone (301) 496– recent major revision of NIH’s understand that in publishing the new 4606 (not a toll-free number). For authorities, the National Institutes of regulations, NIH is not initiating any program information contact the Office Health Revitalization Act of 1993 (Pub. new training programs. Rather, NIH is of Extramural Research, National L. 103–43), authorized the Director of simply establishing regulations to Institutes of Health, 9000 Rockville the National Center for Human Genome govern existing training grant Pike, Shannon Building, Room 144, One Research (NCHGR), in PHS Act section authorities. Center Dr MSC 0152, Bethesda, MD 485B(b), to conduct and support This final rule sets forth what training 20892–0152, telephone (301) 496–1096 training in human genome research for is covered by the regulations, the nature (not a toll-free number). which fellowship support is not and purpose of the training, what Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55111 institutions are eligible to apply, how to Catalog of Federal Domestic Assistance Sciences, NIH, for the education and apply, how grants are awarded, and The Catalog of Federal Domestic training of physicians in environmental conditions imposed on recipients. Assistance (CFDA) numbered program health, as authorized under section Implementation of the particular affected by this final rule is: 103(h)(2) of the Clean Air Act, as training grant programs encompassed by amended. these regulations rests with the § 93.837 Heart and Vascular Diseases (b) The regulations of this part also statutorily authorized awarding NIH Research. apply to cooperative agreements components and is subject to the List of Subjects in 42 CFR Part 63a awarded to support the training availability of funds for that purpose, as specified in paragraph (a) of this well as programmatic priorities Environmental health; Grant section. References to ‘‘grant(s)’’ shall determined by the awarding programs—health; Health; Medical include ‘‘cooperative agreement(s).’’ research. components. (c) The regulations of this part do not The following statements are Dated: July 23, 1996. apply to: provided for the information of the Harold Varmus, (1) Research training support under public. Director, NIH. the National Research Service Awards The PHS strongly encourages all grant Accordingly, chapter 1 of title 42 of Program (see part 66 of this chapter); recipients to provide a smoke-free the Code of Federal Regulations is (2) Research training support under workplace and promote the nonuse of amended by adding a new part 63a to the NIH Center Grants programs (see all tobacco products, and Public Law read as set forth below. part 52a of this chapter); (3) Research training support under 103–227, the Pro-Children Act of 1994, PART 63aÐNATIONAL INSTITUTES OF traineeship programs (see part 63 of this prohibits smoking in certain facilities HEALTH TRAINING GRANTS that receive Federal funds in which chapter); education, library, day care, health care, Sec. (4) Research training support under and early childhood development 63a.1 To what programs do these the NIH AIDS Research Loan services are provided to children. regulations apply? Repayment Program (see section 487A 63a.2 Definitions. of the Act); or Executive Order 12866 63a.3 What is the purpose of training (5) Research training support under grants? Executive Order 12866 requires that 63a.4 Who is eligible for a training grant? the National Library of Medicine all regulatory actions reflect 63a.5 How to apply for a training grant. training grant programs (see part 64 of consideration of the costs and benefits 63a.6 How are training grant applications this chapter). evaluated? they generate, and that they must meet § 63a.2 Definitions. certain standards, such as avoiding the 63a.7 Awards. imposition of unnecessary burdens on 63a.8 How long does grant support last? As used in this part: the affected public. If a regulatory action 63a.9 What are the terms and conditions of Act means the Public Health Service awards? is deemed to fall within the scope of the Act, as amended (42 U.S.C. 201 et seq.). 63a.10 How may training grant funds be HHS means the Department of Health definition of the term ‘‘significant spent? regulatory action’’ contained in section 63a.11 Other HHS regulations and policies and Human Services. 3(f) of the Order, pre-publication review that apply. NIH means the National Institutes of by the Office of Management and Authority: 42 U.S.C. 216, 242l(b)(3), Health and its organizational Budget’s Office of Information and 284(b)(1)(C), 287c(b), 300cc-15(a)(1), 300cc- components that award training grants. Regulatory Affairs (OIRA) is necessary. 41(a)(3)(C), 7403(h)(2). Nonprofit as applied to any agency or This rule was reviewed under Executive institution, means an agency or Order 12866 and was deemed not § 63a.1 To what programs do these institution which is a corporation or regulations apply? significant. association, no part of the net earnings (a) The regulations of this part apply of which inures or may lawfully inure Regulatory Flexibility Act to: to the benefit of any private shareholder (1) Grants awarded by the John E. or individual. The Regulatory Flexibility Act of 1980 Fogarty International Center for Program director means the single (5 U.S.C. chapter 6) requires that Advanced Study in the Health Sciences, individual named by the grantee in the regulatory actions be analyzed to NIH, for training in international grant application and approved by the determine whether they create a cooperative biomedical research Secretary, who is responsible for the significant impact on a substantial endeavors, as authorized under section management and conduct of the training number of small entities. I certify that 307(b)(3) of the Act; this rule will not have a significant (2) Grants awarded by NIH for program. economic impact on a substantial research training with respect to the Project period See § 63a.8(a). number of small entities and, therefore, human diseases, disorders, or other Secretary means the Secretary of a regulatory flexibility analysis, as aspects of human health or biomedical Health and Human Services and any defined under the Regulatory Flexibility research, for which the institute or other other official of HHS to whom the Act of 1980, is not required. awarding component was established, authority involved is delegated. Paperwork Reduction Act for which fellowship support is not Stipend means a payment to an provided under section 487 of the Act individual to help meet that This final rule does not contain any and which is not residency training of individual’s subsistence expenses information collection requirements physicians or other health professionals, during the training period. which are subject to Office of as authorized by sections 405(b)(1)(C), Training grant means an award of Management and Budget (OMB) 485B(b), 2315(a)(1), and 2354(a)(3)(C) of funds to an eligible agency or institution approval under the Paperwork the Act; and, for a training program authorized under Reduction Act of 1995 (44 U.S.C. (3) Grants awarded by the National § 63a.1 to carry out one or more of the chapter 35). Institute of Environmental Health purposes set forth in § 63a.3. 55112 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

§ 63a.3 What is the purpose of training § 63a.7 Awards. assure or protect advancement of the grants? Criteria. Within the limits of available approved program, the interests of the The purpose of a training grant is to funds, the Secretary may award training public health, or the conservation of provide financial assistance to an grants for training programs which: grant funds. eligible agency or institution to enable (a) Are determined to be meritorious, it to provide research training to and § 63a.10 How may training grant funds be spent? individuals in the diagnosis, prevention, (b) Best carry out the purposes of the treatment, or control of human diseases particular statutory program described (a) Authorized expenditures; general. or disorders, or other aspects of human in § 63a.1 and the regulations of this A grantee shall expend funds it receives health or biomedical research, or in part. under this part solely in accordance environmental health, in order to with the approved application and increase the number of facilities which § 63a.8 How long does grant support last? budget, the regulations of this part, the provide qualified training and the (a) The notice of the grant award terms and conditions of the grant award, number of persons having special specifies how long the Secretary intends and the applicable cost principles in 45 competence in these fields. to support the project without requiring CFR 74.27. the grantee to recompete for funds. This (b) Authorized categories of § 63a.4 Who is eligible for a training grant? period, called the ‘‘project period,’’ will expenditures. Subject to any limitations (a) General. Except as otherwise usually be for one to five years. imposed in the approved application provided in this section or as prohibited (b) Generally, the grant will be and budget or as a condition of the by law, any public or private for-profit initially for one year and subsequent award, grant funds may be expended for or nonprofit agency, institution, or continuation awards will be for one year the following costs: entity is eligible for a training grant. at a time. A grantee must submit a (1) Expenses of the grantee in (b) International training grants for separate application at the time and in providing training and instruction AIDS research. Any international the form and manner that the Secretary under the particular program, including organization concerned with public may require to have the support salaries of faculty and support health is eligible for a training grant to continued for each subsequent year. personnel, and the costs of equipment support individuals for research training Decisions regarding continuation and supplies; relating to acquired immunodeficiency awards and the funding level of these (2) Stipends and allowances to syndrome (AIDS), as authorized under awards will be made after consideration individuals during the period of their section 2315(a)(1) of the Act. In of such factors as the grantee’s progress training and instruction; and, awarding these grants, preference shall and management practices, and the (3) If separately justified and be given to: availability of funds. In all cases, authorized under the particular (1) Training activities conducted by, continuation awards require program, tuition, fees, and trainee travel or in cooperation with, the World determination by the Secretary that expenses which are necessary to carry Health Organization and continued funding is in the best interest out the purpose of the training grant. (2) With respect to training activities of the Federal Government. (c) Expenditures not authorized. Grant in the Western Hemisphere, activities (c) Neither the approval of any funds may not be expended for: conducted by, or in cooperation with, application nor the award of any grant (1) Compensation for employment or the Pan American Health Organization commits or obligates the Federal for the performance of personal services or the World Health Organization. Government in any way to make any by individuals receiving training and additional, supplemental, continuation, instruction; or § 63a.5 How to apply for a training grant. or other award with respect to any (2) Payments to any individual who Any agency, institution, or entity approved application or portion of an does not meet the minimum interested in applying for a grant under approved application. qualifications for training and this part must submit an application at (d) Any balance of federally obligated instruction established by the grantee the time and in the form and manner grant funds remaining unobligated by and approved by the Secretary or who that the Secretary may require. the grantee at the end of a budget period has failed to demonstrate satisfactory may be carried forward to the next participation in the training in § 63a.6 How are training grant applications budget period, for use as prescribed by accordance with the usual standards evaluated? the Secretary, provided that a and procedures of the grantee. The Secretary shall evaluate continuation award is made. If at any applications through the officers and § 63a.11 Other HHS regulations and time during a budget period it becomes policies that apply. employees, experts, consultants, or apparent to the Secretary that the groups engaged by the Secretary for that amount of Federal funds awarded and Several other HHS regulations and purpose, including review or available to the grantee for that period, policies apply to this part. These consultation with the appropriate including any unobligated balance include, but are not necessarily limited advisory council or other body as may carried forward from prior periods, to: be required by law. The Secretary’s exceeds the grantee’s needs for that 42 CFR part 50, subpart A— evaluation will be for merit and shall period, the Secretary may adjust the Responsibility of PHS awardee and take into account, among other pertinent amounts awarded by withdrawing the applicant institutions for dealing with factors, the significance of the program, excess. and reporting possible misconduct in the qualifications and competency of science the program director and proposed staff, § 63a.9 What are the terms and conditions 42 CFR part 50, subpart D—Public the adequacy of the selection criteria for of awards? Health Service grant appeals trainees under the program, the In addition to the requirements procedure adequacy of the applicant’s resources imposed by law, grants awarded under 45 CFR part 16—Procedures of the available for the program, and the this part are subject to any terms and Departmental Grant Appeals Board amount of grant funds necessary for conditions imposed by the Secretary to 45 CFR part 46—Protection of human completion of its objectives. carry out the purpose of the grant or subjects Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55113

45 CFR part 74—Uniform administrative by the Addendum, dated January 24, FOR FURTHER INFORMATION CONTACT: requirements for awards and 1995. [Note: this policy is subject to Mr. Jerry Moore, NIH Regulatory Affairs subawards to institutions of higher change, and interested persons should Officer, National Institutes of Health, education, hospitals, other nonprofit contact the Extramural Outreach and Building 31, Room 1B25, 31 CENTER organizations, and commercial Information Resources Office DRIVE MSC 2075, BETHESDA, MD organizations; and certain grants and (EOIRO), Office of Extramural 20892–2075, telephone (301–496–4606; agreements with states, local Research, 6701 Rockledge Drive, not a toll-free number). For further governments and Indian tribal Room 6208, MSC 7910, Bethesda, MD information about the grant program governments 20892–7910 (301–435–0714; not a contact: Dr. William A. Zuk, Chemical 45 CFR part 75—Informal grant appeals toll-free number) to obtain references Exposures and Molecular Biology procedures to the current version and any Branch, NIEHS, Division of Extramural 45 CFR part 76—Governmentwide amendments. Information may also be Research and Training, 104 T. W. debarment and suspension obtained by contacting the EOIRO via Alexander Drive, P.O. Box 12233, (nonprocurement) and its e-mail address Research Triangle Park, NC 27709, governmentwide requirements for ([email protected]) and by telephone (919–541–1403; not a toll-free drug-free workplace (grants) browsing the NIH Home Page site on number). 45 CFR part 80—Nondiscrimination the World Wide Web (http:// SUPPLEMENTARY INFORMATION: Section under programs receiving Federal www.nih.gov).] 311(a) of CERCLA, enacted on October assistance through the Department of ‘‘Public Health Service Policy on 17, 1986, authorizes the Secretary of Health and Human Services Humane Care and Use of Laboratory Health and Human Services (Secretary), effectuation of title VI of the Civil Animals,’’ Office for Protection from acting through the Director of the Rights Act of 1964 Research Risks, NIH (Revised National Institute of Environmental 45 CFR part 81—Practice and procedure September 1986). [Note: this policy is Health Sciences (NIEHS) and, in for hearings under part 80 of this title subject to change, and interested 45 CFR part 84—Nondiscrimination on consultation with the Administrator of persons should contact the Office for the Environmental Protection Agency, the basis of handicap in programs and Protection from Research Risks, NIH, activities receiving Federal financial to administer a program of grants for Suite 3B01, 6100 Executive basic research and training directed assistance Boulevard, MSC 7507, Rockville, MD 45 CFR part 86—Nondiscrimination on towards understanding, assessing, and 20852–7507 (301–496–7005; not a attenuating the adverse effects on the basis of sex in education programs toll-free number) to obtain references and activities receiving or benefiting human health resulting from exposure to the current version and any to hazardous substances. Grants made from Federal financial assistance amendments.] 45 CFR part 91—Nondiscrimination on under this program are for coordinated, the basis of age in HHS programs or [FR Doc. 96–26974 Filed 10–23–96; 8:45 am] multi-component, interdisciplinary activities receiving Federal financial BILLING CODE 4140±01±P projects linking biomedical research assistance with related engineering, hydrologic, 45 CFR part 92—Uniform administrative and ecologic research, and concomitant requirements for grants and 42 CFR Part 65a training. NIH published a full cooperative agreements to State and description of the program in the local governments RIN 0925±AA03 Federal Register of November 21, 1986 45 CFR part 93—New restrictions on (51 FR 43089), and invited the public to lobbying National Institute of Environmental attend an open meeting on the program 59 FR 14508 (March 28, 1994)—NIH Health Sciences Hazardous which was held on December 19, 1986. Guidelines on the Inclusion of Substances Basic Research and Subsequently, NIH announced its Women and Minorities as Subjects in Training Grants intention to issue regulations to Clinical Research. [Note: this policy is implement this program in the ‘‘Unified subject to change, and interested AGENCY: National Institutes of Health, Agenda of Federal Regulations’’ persons should contact the Office of Public Health Service, Department of published in the Federal Register of Research on Women’s Health, NIH, Health and Human Services. October 21, 1991 (56 FR 53327), and Room 201, Building 1, MSC 0161, ACTION: Final rule. published proposed regulations in a Bethesda, MD 20892–0161 (301–402– notice of proposed rulemaking (NPRM) 1770; not a toll-free number) to obtain SUMMARY: The National Institutes of in the Federal Register of March 7, 1995 references to the current version and Health (NIH) is issuing new regulations (60 FR 12525). The public was given 60 any amendments.] to govern grants for research and days in which to comment on the 59 FR 34496 (July 5, 1994)—NIH training awarded by the National proposed regulations. The NIH received Guidelines for Research Involving Institute of Environmental Health one comment which supported the Recombinant DNA Molecules. [Note: Sciences (NIEHS) for the purpose of regulations. Except for minor editorial this policy is subject to change, and understanding, assessing, and and clarifying changes, the final interested persons should contact the attenuating the adverse effects on regulations are the same as those Office of Recombinant DNA human health of exposure to hazardous published in the NPRM. Activities, NIH, Suite 323, 6000 substances. The grants are authorized by The following statements are Executive Boulevard, MSC 7010, section 311(a) of the Comprehensive provided as information for the public. Bethesda, MD 20892–7010 (301–496– Environmental Response, The Department of Health and Human 9838; not a toll-free number) to obtain Compensation, and Liability Act of 1980 Services (HHS) strongly encourages all references to the current version and (CERCLA), as added by section 209 of grant recipients to provide a smoke-free any amendments.] the Superfund Amendments and workplace and to promote the nonuse of ‘‘PHS Grants Policy Statement,’’ DHHS Reauthorization Act of 1986. all tobacco products, and Public Law Publication No. (OASH) 94–50,000 EFFECTIVE DATE: This final rule is 103–227, the Pro-Children Act of 1994, (Revised April 1, 1994), as amended effective on November 25, 1996. prohibits smoking in certain facilities 55114 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations that receive Federal funds in which Catalog of Federal Domestic Assistance (1) Research training support under education, library, day care, health care, The Catalog of Federal Domestic the National Research Service Awards and early childhood development Assistance (CFDA) numbered program Program (see part 66 of this chapter), services are provided to children. affected by this rule is: 93.143. (2) Research, demonstration, and training support under the NIH Center Executive Order 12866 List of Subjects in 42 CFR Part 65a Grants programs (see part 52a of this Executive Order 12866 requires that Grant programs—health; Health; chapter), (3) Research training support under all regulatory actions reflect Medical research; Hazardous traineeship programs (see parts 63 and consideration of the costs and benefits substances. 64a of this chapter), or they generate and that they meet certain Dated: August 8, 1996. (4) Research training support under standards, such as avoiding the Harold Varmus, the NIH AIDS Research Loan imposition of unnecessary burdens on Director, NIH. Repayment Program authorized under the affected public. If a regulatory action For the reasons set forth in the section 487A of the Public Health is deemed to fall within the scope of the preamble, title 42 of the Code of Federal Service Act, as amended (42 U.S.C. 288– term ‘‘significant regulatory action,’’ as Regulations is amended by adding a 1). defined in section 3(f) of the Order, new part 65a, as follows. prepublication review by the Office of § 65a.2 Definitions. Management and Budget’s Office of PART 65aÐNATIONAL INSTITUTE OF As used in this part: Information and Regulatory Affairs ENVIRONMENTAL HEALTH SCIENCES Act means the Comprehensive (OIRA) is necessary. This rule was HAZARDOUS SUBSTANCES BASIC Environmental Response, reviewed under Executive Order 12866 RESEARCH AND TRAINING GRANTS Compensation, and Liability Act of by OIRA and was determined to be not 1980, as amended (42 U.S.C. 9601 et Sec. significant. seq.). 65a.1 To what programs do these regulations Award or grant means a grant or Regulatory Flexibility Act apply? cooperative agreement awarded under 65a.2 Definitions. 65a.3 Who is eligible to apply for a grant? section 311(a) of the Act (42 U.S.C. The Regulatory Flexibility Act of 1980 9660(a)). (5 U.S.C. chapter 6) requires that 65a.4 What are the program requirements? 65a.5 How to apply. Director means the Director of the regulatory actions be analyzed to 65a.6 How will applications be evaluated? National Institute of Environmental determine whether they create a 65a.7 Awards. Health Sciences, or the Director’s significant impact on a substantial 65a.8 How long does grant support last? delegate. number of small entities. This rule 65a.9 What are the terms and conditions of HHS means the Department of Health merely codifies internal policies and award? and Human Services. procedures of the Federal Government 65a.10 For what purposes may grant funds Institution of higher education means currently used by the NIH to administer be spent? an educational institution in any state the NIEHS Hazardous Substances Basic 65a.11 Other HHS regulations and policies which (1) admits as regular students that apply. Research and Training Grants program. only persons having a certificate of The grants do not have a significant Authority: 42 U.S.C. 216, 9660(a). graduation from a school providing economic or policy impact on a broad § 65a.1 To what programs do these secondary education, or the recognized cross-section of the public. Furthermore, regulations apply? equivalent of such a certificate, (2) is this rule would only affect those (a) The regulations of this part apply legally authorized within the state to qualified public and private nonprofit to the award of grants to support provide a program of education beyond institutions of higher education; programs for basic research and training secondary education, (3) provides an generators of hazardous waste; persons directed towards understanding, educational program for which it involved in the detection, assessment, assessing, and attenuating the adverse awards a bachelor’s degree or provides evaluation, and treatment of hazardous effects on human health resulting from not less than a two-year program which substances; owners and operators of exposure to hazardous substances, as is acceptable for full credit toward a facilities at which hazardous substances authorized under section 311(a) of the bachelor’s degree, (4) is a public or other are located; and state and local Act (42 U.S.C. 9660(a)). The purpose of nonprofit institution, and (5) is governments interested in participating these programs is to carry out accredited by a nationally recognized in the program. No individual or coordinated, multi-component, accrediting agency or association or, if institution is obligated to participate in interdisciplinary research consisting of not so accredited, (i) is an institution the grant program. at least three or more biomedical with respect to which the Secretary of research projects relating to hazardous Education has determined that there is For these same reasons, this rule will satisfactory assurance, considering the not have a significant economic impact substances and at least one non- biomedical research project in the fields resources available to the institution, on a substantial number of small entities of ecology, hydrogeology, and/or the period of time, if any, during which and that a regulatory flexibility analysis engineering, and including the training it has operated, the effort it is making to is not required under the Regulatory of investigators as part of the grantee’s meet accreditation standards, and the Flexibility Act of 1980. overall program. purpose for which this determination is Paperwork Reduction Act (b) The regulations of this part also being made, that the institution will apply to cooperative agreements meet the accreditation standards of a The rule does not contain information awarded to support the programs nationally recognized accrediting collection requirements subject to described in paragraph (a) of this agency or association within a review and approval by the Office of section. References to ‘‘grant(s)’’ shall reasonable time, or (ii) is an institution Management and Budget (OMB) under include ‘‘cooperative agreement(s).’’ whose credits are accepted, on transfer, the Paperwork Reduction Act of 1995 (c) The regulations of this part do not by not less than three institutions which (44 U.S.C. chapter 35). apply to: are so accredited, for credit on the same Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55115 basis as if transferred from an institution without requiring the program awardee geochemistry, and related fields, so accredited. The term also includes to recompete for funds. necessary to meet professional any school which provides not less than Secretary means, unless the context personnel needs in the public and a one-year program of training to otherwise requires, the Secretary of private sectors and to carry out the prepare students for gainful Health and Human Services or other purposes of the Act; and employment in a recognized occupation official of HHS to whom the authority (3) Worker training relating to and which meets the provisions of involved is delegated. handling hazardous substances, which paragraphs (1), (2), (4), and (5) of this includes short courses and continuing definition. The term also includes a § 65a.3 Who is eligible to apply for a education for state and local health and grant? public or nonprofit private educational environmental agency personnel and institution in any state which, in lieu of (a) Except as otherwise prohibited by other personnel engaged in the handling the requirement in paragraph (1), admits law, any public or private nonprofit of hazardous substances, in the as regular students persons who are institution of higher education may management of facilities at which beyond the age of compulsory school apply for an award under this part. hazardous substances are located, and attendance in the state in which the (b) Awardee institutions may carry in the evaluation of the hazards to institution is located and who meet the out portions of the research or training human health presented by these requirements of section 1091(d) of title components of an award through facilities. 20 U.S. Code, as amended. For purposes contracts with appropriate of this definition, the Secretary of organizations, including: § 65a.5 How to apply. Education publishes a list of nationally (1) Generators of hazardous wastes; Each institution desiring a grant recognized accrediting agencies or (2) Persons involved in the detection, under this part must submit an associations which that official assessment, evaluation, and treatment of application at the time and in the form determines to be reliable authority as to hazardous substances; and manner as the Secretary may the quality of training offered. This list (3) Owners and operators of facilities require. is found in the brochure, ‘‘Nationally at which hazardous substances are located; and § 65a.6 How will applications be Recognized Accrediting Agencies and evaluated? Associations Criteria and Procedures for (4) State and local governments. Listing by the U.S. Secretary of The Director shall evaluate § 65a.4 What are the program applications through the officers and Education and Current List.’’ requirements? employees, experts, consultants, or [Note: This brochure is subject to change, The applicant shall include the groups engaged by the Director for that and interested persons should contact the following in its proposed program for purpose, including review by the U.S. Department of Education Office of Post- which support is requested under this National Advisory Environmental Secondary Education, Accreditation and part: State Liaison Division, ROB 3, 7th and D Health Sciences Council in accordance Streets, S.W., Room 37–15, Washington, DC (a) Basic research component. The with peer review requirements set forth 20202–5244 (202–708–7417; not a toll-free program shall include three or more in part 52h of this chapter. The number) to obtain a current version of the meritorious biomedical research Director’s first level of evaluation will brochure and any amendments.] projects, including epidemiologic be for technical merit and shall take into NIEHS means the National Institute of studies relating to the study of the account, among other pertinent factors, Environmental Health Sciences, an adverse effects of hazardous substances the significance of the program, the organizational component of the on human health, and at least one qualifications and competency of the National Institutes of Health, as meritorious project involving program director and proposed staff, the authorized under sections 401(b) and hydrogeologic or ecologic research adequacy of the applicant’s resources 463 of the Public Health Service Act, as which shall cumulatively address: available for the program, and the amended (42 U.S.C. 281(b) and 185l). (1) Methods and technologies to amount of grant funds necessary for NIH means the National Institutes of detect hazardous substances in the completion of its objectives. A second Health. environment; level of review will be conducted by the Nonprofit, as applied to any agency, (2) Advanced techniques for the National Advisory Environmental organization, institution, or other entity, detection, assessment, and evaluation of Health Sciences Council. means a corporation or association no the effects of these substances on human part of the net earnings of which insures health; § 65a.7 Awards. or may lawfully inure to the benefit of (3) Methods to assess the risks to Criteria. Within the limits of available any private shareholder or individual. human health presented by these funds, the Director may award grants to PHS means the Public Health Service. substances; and carry out those programs which: Program means the activity to carry (4) Basic biological, chemical, and/or (a) Are determined by the Director to out research and training supported by physical methods to reduce the amount be meritorious; and a grant under this part. and toxicity of these substances. (b) In the judgment of the Director, Program director means the single (b) Training component. The program best promote the purposes of the grant individual designated by the grantee in shall include the following kinds of program, as authorized under section the grant application and approved by training, as part of or in conjunction 311(a) of the Act and the regulations of the Director, who is responsible for the with the basic research component: this part, and best address program scientific and technical direction of the (1) Graduate training in priorities. research component and the conduct of environmental and occupational health the training component under a and safety and in public health and § 65a.8 How long does grant support last? program. engineering aspects of hazardous waste (a) The notice of grant award specifies Project period means the period of control; and/or how long NIEHS intends to support the time, from one to five years, specified in (2) Graduate training in the project without requiring the grantee to the notice of grant award that NIEHS geosciences, including hydrogeology, recompete for funds. This period, called intends to support a proposed program geological engineering, geophysics, the project period, may be for 1–5 years. 55116 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

(b) Generally, the grant will initially § 65a.10 For what purposes may grant 45 CFR part 91—Nondiscrimination on be for one year, and subsequent funds be spent? the basis of age in HHS programs or continuation awards will also be for one A grantee shall spend funds it activities receiving Federal financial year at a time. A grantee must submit a receives under this part solely in assistance separate application at the time and in accordance with the approved 45 CFR part 92—Uniform administrative the form and manner as the Secretary application and budget, the regulations requirements for grants and may require to have the support of this part, the terms and conditions of cooperative agreements to state and the award, and the applicable cost continued for each subsequent year. local governments Decisions regarding continuation principles prescribed in 45 CFR 74.27. awards and the funding level of these 45 CFR part 93—New restrictions on § 65a.11 Other HHS regulations and lobbying awards will be made after consideration policies that apply. of such factors as the grantee’s progress Several other HHS regulations and 59 FR 14508 (March 28, 1994)—NIH and management practices, and the Guidelines on the Inclusion of availability of funds. In all cases, policies apply to awards under this part. These include but are not necessarily Women and Minorities as Subjects in continuation awards require a Clinical Research determination by the Director that limited to: [Note: This policy is subject to change, and continued funding is in the best interest 42 CFR part 50, subpart A— Responsibility of PHS awardee and interested persons should contact the Office of the Federal Government. of Research on Women’s Health, NIH, Room (c) Neither the approval of any applicant institutions for dealing with and reporting possible misconduct in 201, Building 1, MSC 0161, Bethesda, MD application nor the award of any grant science 20892–0161 (301–402–1770; not a toll-free commits or obligates the Federal number) to obtain references to the current 42 CFR part 50, subpart D—Public Government in any way to make any version and any amendments.] Health Service grant appeals additional, supplemental, continuation procedure or other award with respect to any 59 FR 34496 (July 5, 1994)—NIH 42 CFR part 50, subpart F— approved application or portion of an Guidelines for Research Involving Responsibility of applicants for approved application. Recombinant DNA Molecules. promoting objectivity in research for (d) Any balance of federally obligated which PHS funding is sought [Note: This policy is subject to change, and grant funds remaining unobligated by 42 CFR part 52h—Scientific peer review interested persons should contact the Office of Recombinant DNA Activities, NIH, Suite the grantee at the end of a budget period of research grant applications and may be carried forward to the next 323, 6000 Executive Boulevard, MSC 7010, research and development contract Bethesda, MD 20892–7010 (301–496–9838; budget period, for use as prescribed by projects the Director, provided a continuation not a toll-free number) to obtain references to 45 CFR part 16—Procedures of the the current version and any amendments.] award is made. If at any time during a Departmental Grant Appeals Board budget period it becomes apparent to 45 CFR part 46—Protection of human ‘‘PHS Grants Policy Statement,’’ the Director that the amount of Federal subjects DHHS Publication No. (OASH) 94– funds awarded and available to the 45 CFR part 74—Uniform administrative 50,000 (Revised April 1, 1994), as grantee for that period, including any requirements for awards and amended by Addendum, dated January unobligated balance carried forward subawards to institutions of higher 24, 1995. from prior periods, exceeds the grantee’s education, hospitals, other nonprofit needs for that period, the Director may [Note: This policy is subject to change, and organizations, and commercial interested persons should contact the adjust the amounts awarded by organizations; and certain grants and withdrawing the excess. Extramural Outreach and Information agreements with states, local Resources Office (EOIRO), Office of § 65a.9 What are the terms and conditions governments and Indian tribal Extramural Research, 6701 Rockledge Drive, of awards? governments Room 6208, MSC 7910, Bethesda, MD 20892– 45 CFR part 75—Informal grant appeals 7910 (301–435–0714; not a toll-free number) In addition to being subject to other procedures to obtain references to the current version applicable regulations (see § 65a.11), 45 CFR part 76—Governmentwide and any amendments. Information may also grants awarded under this part are debarment and suspension be obtained by contacting the EOIRO via its subject to the following terms and (nonprocurement) and e-mail address conditions: governmentwide requirements for ([email protected]) and by (a) Material changes. Except as drug-free workplace (grants) browsing the NIH Home Page site on the otherwise provided by 45 CFR 74.25, 45 CFR part 80—Nondiscrimination World Wide Web (http://www.nih.gov).] the grantee may not materially change under programs receiving Federal ‘‘Public Health service Policy on the quality, nature, scope, or duration of assistance through the Department of Humane Care and Use of Laboratory the program unless the written approval Health and Human Services animals,’’ Office for Protection from of the Director is obtained prior to the effectuation of title VI of the Civil Research Risks, HIH (Revised September change. Rights Act of 1964 1986). (b) Additional conditions. The 45 CFR part 81—Practice and procedure Director may impose additional for hearings under part 80 of this title [Note: This policy is subject to change, and conditions prior to the award of any 45 CFR part 84—Nondiscrimination on interested persons should contact the Office grant under this part if it is determined the basis of handicap in programs and for Protection for Research Risks, NIH, Suite by the Director that the conditions are activities receiving Federal financial 3B01, 6100 Executive Boulevard, MSC 7507, necessary to carry out the purpose of the assistance Rockville, MD 20852–7507 (301–496–7005; grant or assure or protect advancement 45 CFR part 86—Nondiscrimination on not a toll-free number) to obtain references to the current version and any amendments.] of the approved program, the interests of the basis of sex in education programs the public health, or the conservation of and activities receiving or benefiting [FR Doc. 96–26973 Filed 10–23–96; 8:45 am] grant funds. from Federal financial assistance BILLING CODE 4140±01±M Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55117

FEDERAL COMMUNICATIONS List of Subjects in 47 CFR Part 73 Street, NW., Suite 140, Washington, DC. COMMISSION Radio broadcasting. 20037, (202) 857–3800. 47 CFR Part 73 Part 73 of title 47 of the Code of List of Subjects in 47 CFR Part 73 Federal Regulations is amended as Radio broadcasting. follows: [MM Docket No. 95±137; RM±8532] Part 73 of title 47 of the Code of PART 73Ð[AMENDED] Federal Regulations is amended as Radio Stations; Table of Assignments; follows: West Virginia 1. The authority citation for part 73 continues to read as follows: PART 73Ð[AMENDED] AGENCY: Federal Communications Commission. Authority: Sections 303, 48 Stat., as 1. The authority citation for Part 73 amended, 1082; 47 U.S.C. 154, as amended. ACTION: Final Rule; petition for continues to read as follows: reconsideration. § 73.202 [Amended] Authority: Secs. 303, 48 Stat., as amended, 2. Section 73.202(b), the Table of FM 1082; 47 U.S.C. 154, as amended. SUMMARY: The Chief, Policy and Rules Allotments under West Virginia, is § 73.202 [Amended] Division, grants the petition for amended by and adding Channel *281A 2. Section 73.202(b), the Table of FM reconsideration filed by The West at Romney. Virginia Schools for the Deaf and the Federal Communications Commission Allotments under Michigan, is amended by adding Channel 270A at Negaunee. Blind. Allocations Branch’s Report and John A. Karousos, Order, 60 FR 33389, June 28, 1995, Chief, Allocations Branch, Policy and Ruled Federal Communications Commission. denying the substitution of Channel Division, Mass Media Bureau. John A. Karousos, *281A for Channel 201A at Romney, [FR Doc. 96–27286 Filed 10–23–96; 8:45 am] Chief, Allocations Branch, Policy and Rules West Virginia, its reservation for BILLING CODE 6712±01±P Division, Mass Media Bureau. noncommercial educational use, and the [FR Doc. 96–27288 Filed 10–23–96; 8:45 am] modification of the license of Station BILLING CODE 6712±01±P WJGF accordingly. The Commission 47 CFR Part 73 granted the petition after finding that [MM Docket No. 96±137; RM±8823] the substitution of Channel *281A for 47 CFR Part 73 Channel 201A at Romney is justified Radio Broadcasting Services; because there are no available/usable [MM Docket No. 95±150, RM±8692] Negaunee, MI channels in the reserved band that Radio Broadcasting Services; San would not be precluded by potential AGENCY: Federal Communications Angelo, Texas interference with Station WJAC-TV, Commission. Channel 6, Johnstown, Pennsylvania. ACTION: Final rule. AGENCY: Federal Communications Channel *281A can be allotted to Commission. Romney in compliance with the SUMMARY: This action allots Channel ACTION: Final rule. Commission’s minimum distance 270A to Negaunee, Michigan, as the separation requirements with a site community’s second FM broadcast SUMMARY: The Commission, at the restriction of 2.7 kilometers (1.7 miles) service in response to a petition filed by request of Regency Broadcasting, Inc., to avoid a short-spacing to the licensed Todd Stuart Noordyk (‘‘Noordyk’’). See allots Channel 289C3 to San Angelo, site of Station WKCY-FM, Channel 61 FR 35705, July 8, 1996. We shall also Texas. Channel 289C3 can be allotted to 282B, Harrisonburg, Virginia. The modify the application filed by Noordyk the community in compliance with the coordinates for Channel *281A at for Channel 258A at Negaunee to Commission’s minimum distance Romney are North Latitude 39–22–00 specify Channel 270A with cut-off separation requirements without the and West Longitude 78–44–50. With protection. The coordinates for Channel imposition of a site restriction. The this action, this proceeding is 270A are 46–28–18 and 87–36–55. coordinates for Channel 289C3 at San terminated. Canadian concurrence has been Angelo, Texas, are 31–27–48 and 100– EFFECTIVE DATE: November 25, 1996. obtained for this allotment. With this 26–12. Since San Angelo is located FOR FURTHER INFORMATION CONTACT: action, this proceeding is terminated. within 320 kilometers (199 miles) of the Sharon P. McDonald, Mass Media EFFECTIVE DATE: November 25, 1996. U.S.-Mexican border,concurrence of the Bureau, (202) 418–2180. FOR FURTHER INFORMATION CONTACT: Mexican government has been obtained for this allotment. SUPPLEMENTARY INFORMATION: This is a Kathleen Scheuerle, Mass Media Bureau, (202) 418–2180. With this action, this proceeding is synopsis of the Commission’s terminated. Memorandum Opinion and Order, MM SUPPLEMENTARY INFORMATION: This is a Docket No. 94–137, adopted October 4, summary of the Commission’s Report EFFECTIVE DATES: November 25, 1996. 1996, and released October 11, 1996. and Order, MM Docket No. 96–137, The window period for filing The full text of this Commission adopted October 4, 1996, and released applications will open on November 25, decision is available for inspection and October 11, 1996. The full text of this 1996, and close on December 26, 1996. copying during normal business hours Commission decision is available for FOR FURTHER INFORMATION CONTACT: Pam in the FCC Reference Center (Room inspection and copying during normal Blumenthal, Mass Media Bureau, (202) 239), 1919 M Street, NW, Washington, business hours in the Commission’s 418–2180. D.C. The complete text of this decision Reference Center (Room 239), 1919 M SUPPLEMENTARY INFORMATION: This is a may also be purchased from the Street, NW., Washington, DC. The synopsis of the Commission’s Report Commission’s copy contractors, complete text of this decision may also and Order, MM Docket No. 95–150, International Transcription Service, Inc. be purchased from the Commission’s adopted October 4, 1996, and released (202) 857–3800, 2100 M Street, N.W., copy contractors, International October 11, 1996. The full text of this Suite 140, Washington, D.C. 20037. Transcription Services, Inc., 2100 M Commission decision is available for 55118 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations inspection and copying during normal SUPPLEMENTARY INFORMATION: This is a Protection Agency, Office of Acquisition business hours in the FCC Reference synopsis of the Commission’s Report Management (3802F), 401 M Street, SW, Center (Room 239), 1919 M Street, NW, and Order, MM Docket No. 96–52, Washington, D.C. 20460. Telephone: Washington, D.C. The complete text of adopted October 4, 1996, and released (202) 260–6204. this decision may also be purchased October 11, 1996. The full text of this SUPPLEMENTARY INFORMATION: from the Commission’s copy contractor, Commission decision is available for ITS, Inc., (202) 857–3800, 2100 M inspection and copying during normal A. Background Street, NW, Suite 140, Washington, D.C. business hours in the FCC’s Reference This final rule eliminates from the 20037. Center (Room 239), 1919 M Street, NW, EPAAR coverage on Exchange of Washington, D.C. The complete text of List of Subjects in 47 CFR Part 73 Acquisition Information, Past this decision may also be purchased Performance, Advisory and Assistance Radio broadcasting. from the Commission’s copy Services, and Policies and Procedures Part 73 of title 47 of the Code of contractors, International Transcription on Value Engineering. The coverage is Federal Regulations is amended as Service, Inc., (202) 857–3800, located at obsolete for which new FAR coverage is follows: 1919 M Street, N.W., Room 246, or 2100 available, or the coverage is included in M Street, N.W., Suite 140, Washington, PART 73Ð[AMENDED] procedures internal to EPA. Codification D.C. 20037. of the Agency’s internal procedures is 1. The authority citation for Part 73 List of Subjects in 47 CFR Part 73 unnecessary, since they have no continues to read as follows: significant cost or administrative impact Radio broadcasting. Authority: Secs. 303, 48 Stat., as amended, on contractors or offerors. Part 73 of title 47 of the Code of 1082; B. Executive Order 12866 47 U.S.C. 154, as amended. Federal Regulations is amended as follows: The final rule is not a significant § 73.202 [Amended] PART 73Ð[AMENDED] regulatory action for the purposes of 2. Section 73.202(b), the Table of FM Executive Order 12866; therefore, no Allotments under Texas, is amended by 1. The authority citation for Part 73 review is required by the Office of adding Channel 289C3 at San Angelo. continues to read as follows: Information and Regulatory Affairs. Federal Communications Commission. Authority: Secs. 303, 48 Stat., as amended, C. Paperwork Reduction Act John A. Karousos, 1082; 47 U.S.C. 154, as amended. The Paperwork Reduction Act does Chief, Allocations Branch, Policy and Rules § 73.202 [Amended] Division, Mass Media Bureau. not apply because this final rule does 2. § 73.202(b), the Table of FM not contain information collection [FR Doc. 96–27282 Filed 10–23–96; 8:45 am] Allotments under Hawaii, is amended BILLING CODE 6712±01±P requirements that require the approval by adding Channel 260C1 at Princeville. of OMB under the Paperwork Reduction Federal Communications Commission. Act of 1980 (44 U.S.C. 3501 et seq.). 47 CFR Part 73 John A. Karousos, D. Regulatory Flexibility Act Chief, Allocations Branch, Policy and Rules [MM Docket No. 96±52; RM±8755] Division, Mass Media Bureau. The EPA certifies that this final rule Radio Broadcasting Services; [FR Doc. 96–27281 Filed 10–23–96; 8:45 am] does not exert a significant economic impact on a substantial number of small Princeville, HI BILLING CODE 6712±01±P entities. The requirements to contractors AGENCY: Federal Communications under the final rule impose no Commission. ENVIRONMENTAL PROTECTION reporting, record-keeping, or any ACTION: Final rule. AGENCY compliance costs. E. Unfunded Mandates SUMMARY: This document allots Channel 48 CFR Parts 1505, 1514, 1537, 1548, 260C1 to Princeville, Hawaii, in and 1552 This final rule will not impose response to a petition for rule making unfunded mandates on state or local filed on behalf of John Moore dba Moore [FRL±5639±5] entities, or others. Broadcasting Company, one of two applicants for Channel 255C1 at Acquisition Regulation; Removal of List of Subjects in 48 CFR Parts 1505, Princeville, to resolve the mutual Outdated or Unnecessary Coverage 1514, 1537, 1548, and 1552. exclusivity, and to provide a second AGENCY: Environmental Protection Government procurement. local FM service to that community. See Agency. Therefore, 48 CFR Chapter 15 is 61 FR 14043, March 29, 1996. Petitioner ACTION: Final rule. amended as set forth below: is also permitted to amend its pending 1. The authority for Parts 1505, 1514, SUMMARY: The Environmental Protection application for Channel 255C1 at 1537, 1548, and 1552 continues to read Agency (EPA) is removing from the EPA Princeville (File No. BPH–950117MG) to as follows: specify operation on Channel 260C1 Acquisition Regulation (EPAAR) (48 while retaining its cut-off protection. CFR Chapter 15) outdated or Authority: Sec. 205(c), 63 stat. 390, as Coordinates used for Channel 260C1 at unnecessary coverage on Exchange of amended, 40 U.S.C. 486(c). Princeville are 22–00–00 and 159–22– Acquisition Information, Past 2. Subpart 1505.4 is removed. 50. With this action, the proceeding is Performance, Advisory and Assistance 3. Section 1514.201–6(a) is removed terminated. Services, and Policies and Procedures and the paragraph designation (b) is EFFECTIVE DATE: November 25, 1996. on Value Engineering. removed. FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: October 24, 1996. 4. Subpart 1537.2 is removed. Nancy Joyner, Mass Media Bureau, (202) FOR FURTHER INFORMATION CONTACT: 5. Subpart 1548.1 is removed. 418–2180. Louise Senzel, Environmental 6. Section 1552.214–70 is removed. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55119

Dated: October 15, 1996. and publish a Federal Register Dated: 18 October 1996. Betty L. Bailey, announcement to close the applicable Gary Matlock, Director, Office of Acquisition Management. fishery. Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 96–27312 Filed 10–23–96; 8:45 am] General Category Reopening BILLING CODE 6560±50±P [FR Doc. 96–27211 Filed 10–18–96; 4:43 pm] Implementing regulations for the BILLING CODE 3510±22±F Atlantic tuna fisheries at § 285.22 DEPARTMENT OF COMMERCE provide for a quota of 541 mt of large medium and giant ABT to be harvested 50 CFR Part 679 National Oceanic and Atmospheric from the regulatory area by vessels [Docket No. 960129018±6018±01; I.D. Administration fishing under the General category quota 101896A] during calendar year 1996. The General 50 CFR Part 285 category ABT quota is further Fisheries of the Exclusive Economic [I.D. 101796B] subdivided into monthly quotas to Zone Off Alaska; Pollock in Statistical provide for broad temporal and Area 620 Atlantic Tuna Fisheries; Adjustments geographic distribution of scientific data collection and fishing opportunities. AGENCY: National Marine Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and NMFS previously adjusted the Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), General category October subquota to 60 Atmospheric Administration (NOAA), Commerce. mt for all areas outside the New York Commerce. Bight and announced a closure date of ACTION: Closure. ACTION: Fishery reopening. October 2, 1996 (61 FR 50765, SUMMARY: NMFS is prohibiting directed SUMMARY: NMFS has determined that September 27, 1996). NMFS fishing for pollock in Statistical Area the Atlantic bluefin tuna (ABT) General subsequently adjusted the General 620 of the Gulf of Alaska (GOA). This category quota, as adjusted, has not been category October subquota by action is necessary to prevent exceeding reached. Therefore, NMFS reopens the transferring 30 mt from the Incidental the 1996 pollock total allowable catch General category fishery for large longline category under the authority of (TAC) in this area. implementing regulations at 50 CFR medium and giant ABT for areas outside EFFECTIVE DATE: 1200 hrs, Alaska local 285.22(f) (61 FR 53677, October 15, the New York Bight for one day. Closure time (A.l.t.), October 21, 1996, until 1996). Thus, the October General of this one day fishery will be strictly 2400 hrs, December 31, 1996. enforced. The General category fishery category quota was adjusted to 90 mt, with an additional 10 mt reserved for FOR FURTHER INFORMATION CONTACT: for large medium and giant ABT for Thomas Pearson, 907–486-6919. areas inside the New York Bight will the New York Bight, and the General SUPPLEMENTARY INFORMATION: The remain open until the set-aside quota is category fishery was reopened for areas groundfish fishery in the GOA exclusive reached. This action is being taken to outside the New York Bight for one day economic zone is managed by NMFS extend scientific data collection on on October 11, 1996. according to the Fishery Management certain size classes of ABT while NMFS has determined that the full 90 Plan for Groundfish of the Gulf of preventing overharvest of the adjusted mt October General category quota was Alaska (FMP) prepared by the North subquotas for the affected fishing not taken as of the closure on October Pacific Fishery Management Council categories. 11, 1996. Therefore, NMFS reopens the under authority of the Magnuson EFFECTIVE DATE: The General category General category fishery for large medium and giant ABT for areas outside Fishery Conservation and Management fishery for large medium and giant ABT Act. Fishing by U.S. vessels is governed will open for areas outside the New the New York Bight for one day on October 21, 1996. Closure of this one by regulations implementing the FMP at York Bight beginning Monday, October subpart H of 50 CFR part 600 and 50 21, at 1 a.m. local time and close on day fishery will be strictly enforced and remaining quota, if any, will be held in CFR part 679. Monday, October 21, at 11:30 p.m. local The 1996 pollock TAC in Statistical time. reserve for the General category in 1997 or, if necessary, other fishing categories Area 620 was established by the Final FOR FURTHER INFORMATION CONTACT: John in 1996. 1996 Harvest Specifications of Kelly, 301–713–2347, or Mark Murray- Groundfish (61 FR 4304, February 5, Brown, 508–281–9260. The New York Bight set-aside is not 1996) as 12,840 metric tons (mt), affected by this action and the General SUPPLEMENTARY INFORMATION: determined in accordance with Regulations implemented under the category fishery for large medium and § 679.20(c)(3). authority of the Atlantic Tunas giant ABT for areas inside the New York The Director, Alaska Region, NMFS Convention Act (16 U.S.C. 971 et seq.) Bight will remain open until the set- (Regional Director), established a governing the harvest of ABT by persons aside quota is reached. However, during directed fishing allowance of 12,500 mt, and vessels subject to U.S. jurisdiction this one day opening, on October 21, and has set aside the remaining 340 mt are found at 50 CFR part 285. Section 1996, large medium and giant ABT as bycatch to support other anticipated 285.22 subdivides the U.S. quota harvested and landed in the New York groundfish fisheries. The Regional recommended by the International Bight area will be counted against the Director has determined, in accordance Commission for the Conservation of New York Bight set-aside quota. with § 679.20(d)(1), that the 1996 Atlantic Tunas among the various Classification pollock TAC in Statistical Area 620 domestic fishing categories. soon will be reached. Consequently, NMFS is required, under This action is taken under 50 CFR NMFS is prohibiting directed fishing for § 285.20(b)(1), to monitor the catch and 285.20(b), 50 CFR 285.22, and 50 CFR pollock in Statistical Area 620. This landing statistics and, on the basis of 285.24 and is exempt from review under closure was originally intended to be these statistics, to project a date when E.O. 12866. effective on October 13, 1996; with that the catch of ABT will equal the quota Authority: 16 U.S.C. 971 et seq. expectation, the Regional Director 55120 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations issued a press release announcing the closure. Unfortunately, due to unforeseen circumstances, the closure will not be effective until October 21, 1996. Maximum retainable bycatch amounts for applicable gear types may be found in the regulations at § 679.20(e). 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 21, 1996. Bruce Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 96–27333 Filed 10–21–96; 2:19 pm] BILLING CODE 3510±22±F 55121

Proposed Rules Federal Register Vol. 61, No. 207

Thursday, October 24, 1996

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Yan, NY. A GPS RWY 01 SIAP has been contains notices to the public of the proposed Comments Invited developed for the Penn Yan Airport. issuance of rules and regulations. The Additional controlled airspace purpose of these notices is to give interested Interested parties are invited to extending upward from 700 feet above persons an opportunity to participate in the participate in this proposed rulemaking the surface (AGL) is needed to rule making prior to the adoption of the final by submitting such written data, views, rules. accommodate this SIAP and for IFR or arguments as they may desire. operations at the airport. Class E Comments that provide the factual basis airspace designations for airspace areas supporting the views and suggestions DEPARTMENT OF TRANSPORTATION extending upward from 700 feet or more presented are particularly helpful in above the surface are published in Federal Aviation Administration developing reasoned regulatory Paragraph 6005 of FAA Order 7400.9D, decisions on the proposal. Comments dated September 4, 1996, and effective 14 CFR Part 71 are specifically invited on the overall September 16, 1996, which is regulatory, economic, environmental, [Airspace Docket No. 96±AEA±10] incorporated by reference in 14 CFR and energy related aspects of the 71.1. The Class E airspace designation Proposed Amendment to Class E proposal. Communications should listed in this document would be Airspace; Penn Yan, NY identify the airspace docket number and published subsequently in the order. be submitted in triplicate to the address The FAA has determined that this AGENCY: Federal Aviation listed above. Commenters wishing the proposed regulation only involves an Administration (FAA), DOT. FAA to acknowledge receipt of their established body of technical ACTION: Notice of proposed rulemaking. comments on this notice must submit regulations for which frequent and with those comments a self-addressed, routine amendments are necessary to SUMMARY: This document proposes to stamped postcard on which the keep them operationally current. amend the Class E airspace area at Penn following statement is made: Therefore, this proposed regulation—(1) Yan, NY. The development of a new ‘‘Comments to Airspace Docket No. 96– is not a ‘‘significant regulatory action’’ Standard Instrument Approach AEA–10.’’ The postcard will be date/ under Executive Order 12866; (2) is not Procedure (SIAP) at Penn Yan Airport time stamped and returned to the a ‘‘significant rule’’ under DOT based on the Global Positioning System commenter. All communications Regulatory Policies and Procedures (44 has made this proposal necessary. received on or before the closing date FR 11034; February 26, 1979); and (3) Additional controlled airspace for comments will be considered before does not warrant preparation of a extending upward from 700 feet above taking action on the proposed rule. The regulatory evaluation as the anticipated the surface (AGL) is needed to proposal contained in this notice may impact is so minimal. Since this is a accommodate this SIAP and for be changed in light of comments routine matter that would only affect air instrument flight rules (IFR) operations received. All comments submitted will traffic procedures and air navigation, it at the airport. be available for examination in the is certified that this proposed rule DATES: Comments must be received on Rules Docket both before and after the would not have significant economic or before November 15, 1996. closing date for comments. A report impact on a substantial number of small summarizing each substantive public ADDRESSES: Send comments on the entities under the criteria of the contact with the FAA personnel proposal in triplicate to: Manager, Regulatory Flexibility Act. concerned with this rulemaking will be Operations Branch, AEA–530, Docket filed in the docket. List of Subjects in 14 CFR Part 71 No. 96–AEA–10 F.A.A. Eastern Region, Federal Building #111, John F. Kennedy Availability of NPRMs Airspace, Incorporation by reference, Navigation (air). Int’l Airport, Jamaica, NY 11430. Any person may obtain a copy of this The official docket may be examined Notice of Proposed Rulemaking (NPRM) The Proposed Amendment in the Office of the Assistant Chief by submitting a request to the Office of In consideration of the foregoing, the Counsel, AEA–7, F.A.A. Eastern Region, the Assistant Chief Counsel, AEA–7, Federal Aviation Administration Federal Building #111, John F. Kennedy F.A.A. Eastern Region, Federal Building proposes to amend 14 CFR Part 71 as International Airport, Jamaica, NY #111, John F. Kennedy International follows: 11430. Airport, Jamaica, NY 11430. An informal docket may also be Communications must identify the PART 71Ð[AMENDED] examined during normal business hours notice number of this NPRM. Persons 1. The authority citation for Part 71 in the Operations Branch, AEA–530, interested in being placed on a mailing F.A.A. Eastern Region, Federal Building continues to read as follows: # list for future NPRMs should also 111, John F. Kennedy International request a copy of Advisory Circular No. Authority: 49 U.S.C. 106(g), 40103, 40113, Airport, Jamaica, NY 11430. 11–2A, which describes the application 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389; 14 CFR 11.69. FOR FURTHER INFORMATION CONTACT: procedure. Mr. Francis T. Jordan, Jr., Airspace 2. The incorporation by reference in Specialist, Operations Branch, AEA– The Proposal 14 CFR 71.1 of the Federal Aviation 530, F.A.A. Eastern Region, Federal The FAA is considering an Administration Order 7400.9D, dated Building #111, John F. Kennedy amendment to Part 71 of the Federal September 4, 1996, and effective International Airport, Jamaica, NY Aviation Regulations (14 CFR Part 71) to September 16, 1996, is proposed to be 11430; telephone: (718) 553–4521. amend the Class E airspace area at Penn amended as follows: 55122 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Proposed Rules

Paragraph 6605 Class E airspace areas Dated: October 17, 1996. The intent of this change is to reduce extending upward from 700 feet or more William K. Hubbard, the significant amount of time (and above the surface of the Earth. Associate Commissioner for Policy associated costs) dedicated to the review * * * * * Coordination. and disposition of repetitive appeal AEA NY E5 Penn Yan, NY [Revised] [FR Doc. 96–27201 Filed 10–23–96; 8:45 am] issues. FEMA has found that very little, BILLING CODE 4160±01±F if any, new information is submitted Penn Yan Airport, NY with third appeals. A third appeal (Lat. 42°38′20′′ N, long. 77°03′14′′ W) response typically confirms an existing That airspace extending upward from 700 FEMA policy or clarifies the regulations feet above the surface within a 10.5-mile FEDERAL EMERGENCY radius of Penn Yan Airport, excluding that MANAGEMENT AGENCY as applied to specific projects. portion within the Romulus, NY, Class E Therefore, reducing the number of airspace area. 44 CFR Part 206 submittals at the Headquarters level would avoid repetitive reviews of the * * * * * RIN 3067±AC56 Issued in Jamaica, New York, on October same decisions and issues. This change 3, 1996. Disaster Assistance; Appeals will eliminate approximately one third John S. Walker, Procedures of the total time required for the entire appeals process and will provide Manager, Air Traffic Division, Eastern Region AGENCY: Federal Emergency applicants with a final resolution sooner [FR Doc. 96–27183 Filed 10–23–96; 8:45 am] Management Agency (FEMA). than previously. All provisions for fair BILLING CODE 4910±13±M ACTION: Proposed rule. and impartial consideration as required by the Stafford Act are maintained. SUMMARY: The Federal Emergency National Environmental Policy Act. DEPARTMENT OF HEALTH AND Management Agency (FEMA) is This proposed rule is categorically HUMAN SERVICES changing the procedures for the review excluded from the preparation of and disposition of appeals related to environmental impact statements and Food and Drug Administration Public Assistance grants. The rule is environmental assessments as an intended to simplify the administrative administrative action in support of 21 CFR Part 101 process and reduce delays in reaching a normal day-to-day grant activities. No [Docket Nos. 96N±0244 and 94P±0444] final resolution of an appeal. environmental impact statement or DATES: We invite comments on this environmental assessment has been Food Labeling; Declaration of Free proposed rule and will accept prepared. Glutamate in Food; Correction comments until December 23, 1996. Regulatory Flexibility Act. The Director certifies that this rule is not a ADDRESSES: Please send written AGENCY: Food and Drug Administration, major rule under Executive Order HHS. comments to the Rules Docket Clerk, Office of the General Counsel, Federal 12291, and will not have significant ACTION: Advance notice of proposed impact on a substantial number of small Emergency Management Agency, room rulemaking; correction. entities within the meaning of the 840, 500 C Street SW., Washington, DC Regulatory Flexibility Act, and is not SUMMARY: The Food and Drug 20472, (facsimile) (202) 646–4536. expected (1) to adversely affect the Administration (FDA) is correcting an FOR FURTHER INFORMATION CONTACT: Mira availability of disaster assistance advance notice of proposed rulemaking Kuic, Program Specialist, Engineering funding to small entities, (2) to have that appeared in the Federal Register of Branch, Infrastructure Support Division, significant secondary or incidental September 12, 1996 (61 FR 48102). The Federal Emergency Management effects on a substantial number of small document announced FDA’s Agency, room 713, 500 C Street SW., entities, nor (3) to create any additional consideration of establishing Washington, DC 20472, (202) 646–4687. burden on small entities. Hence no requirements for label information about SUPPLEMENTARY INFORMATION: Under the regulatory impact analysis has been the free glutamate content of foods. The Robert T. Stafford Disaster Relief and prepared. document was published with some Emergency Assistance Act, 42 U.S.C. Paperwork Reduction Act. This errors. This document corrects those 5121 et seq. (Stafford Act), any decision proposed rule does not involve any errors. regarding eligibility or amount of collection of information for the FOR FURTHER INFORMATION CONTACT: assistance may be appealed. Before this purposes of the Paperwork Reduction Felicia B. Satchell, Center for Food proposed rule, FEMA allowed three Act. Safety and Applied Nutrition (HFS– appeal levels. The following Federal Executive Order 12612, Federalism. In 158), Food and Drug Administration, officials were designated to receive and publishing this proposed rule, FEMA 200 C St. SW., Washington, DC 20204, consider first, second, and third level has considered the President’s 202–205–5099. appeals, respectively: Regional Director, Executive Order 12612 on Federalism. In FR Doc. 96–23159, appearing on Associate Director, and Director. This proposed rule makes no changes in page 48102 in the Federal Register of This proposed rule reduces, from the division of governmental Thursday, September 12, 1996, the three to two, the number of appeal responsibilities between the Federal following corrections are made: requests allowed to be submitted by an government and the States. Grant 1. On page 48102, in the third applicant. If a first appeal request is administration procedures in column, ‘‘[Docket No. 96N–0244]’’ is denied by the Regional Director, in lieu accordance with 44 CFR part 13, corrected to read ‘‘[Docket Nos. 96N– of submitting a second appeal to the Uniform Administrative Requirements 0244 and 94P–0444]’’. Associate Director, an applicant may for Grants and Cooperative Agreements 2. On page 48109, in the first column, submit a second appeal to the Director. to State and Local Governments, remain in the 20th line from the bottom, The Director’s decision is considered the same. No Federalism assessment has ‘‘(.032g)’’ is corrected to read ‘‘(.032g/ final. No changes are being made in the been prepared. 100g)’’ and ‘‘(.047g)’’ is corrected to read time frames for submittal, notification Executive Order 12778, Civil Justice ‘‘(.047g/100g)’’. and disposition of appeals. Reform. The rule meets the applicable Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Proposed Rules 55123 standards of section 2(b)(2) of Executive Dated: October 16, 1996. snowfall, and blizzards that threatened Order 12778, Civil Justice Reform, dated James L. Witt, lives and public health and safety due October 25, 1991, 3 CFR, 1991 Comp., Director. to the disruption of emergency p. 359 [FR Doc. 96–27176 Filed 10–23–96; 8:45 am] transportation facilities. During that BILLING CODE 6718±02±P period, 14 emergencies and one major List of Subjects in 44 CFR Part 206 disaster were declared by the President Disaster assistance, Public assistance. pursuant to the Disaster Relief Act of 1974, as amended. Although other types Accordingly, 44 CFR part 206 is 44 CFR Part 206 of emergency assistance were made proposed to be amended as follows: RIN 3067±AC58 available to save lives and protect 1. The authority citation for part 206 public health and safety, the primary continues to read as follows: Disaster Assistance; Snow Removal Assistance type of assistance provided from 1977 Authority: The Robert T. Stafford Disaster through 1979 was snow removal Relief and Emergency Assistance Act, 42 AGENCY: Federal Emergency assistance to provide emergency access. U.S.C. 5121 et seq.; Reorganization Plan No. Management Agency (FEMA). The Federal government’s first official 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., ACTION: Proposed rule. winter storm policy was developed in p. 329, 5 U.S.C. App,1; E.O. 12148, 44 FR October 1978. The policy addressed 43239, 3 CFR, 1979 Comp., p. 412; and E.O. SUMMARY: This proposed rule describes emergency snow removal assistance 12673, 54 CFR 12571, 3 CFR, 1989 Comp., p. 214. the facilities that are eligible for snow required to provide emergency access to removal assistance as a result of an save lives and protect public health and 2. Section 206.206(d) is revised to Emergency or Major Disaster declaration safety. Eligibility for emergency read as follows: based on snow or blizzard conditions. measures other than snow removal was Removal of snow from one lane in each to be evaluated in accordance with other § 206.206 Appeals. direction along designated snow applicable rules and regulations. The * * * * * emergency routes, or similar types of policies established for eligibility (d) Director. (1) If the RD denies the roads in communities without included a requirement for the State to appeal, the subgrantee may submit a designated snow emergency routes, and submit information on the nature and second appeal to the Director. Such along streets that provide access from extent of the storm; threats to public appeals shall be made in writing, the designated routes to critical facilities health and safety; actions taken by the through the grantee and the RD, and is eligible for assistance. No other State and local governments; and the shall be submitted not later than 60 days facilities are eligible for snow removal specific types of assistance required. after receipt of the notice of the RD’s assistance. Federal assistance was limited to 67 denial of the first appeal. The Director DATES: We invite comments on this percent of total eligible costs. shall render a determination on the proposed rule and will accept The October 1978 policy was applied subgrantee’s appeal within 90 days comments until November 25, 1996. to two snow events that occurred during the winter of 1978/1979. Based on those following the receipt of the appeal or ADDRESSES: Please send written two events, it was determined that the shall make a request for additional comments to the Rules Docket Clerk, policy was not adequate to ensure that information. Within 90 days following Office of the General Counsel, Federal emergency snow removal assistance was the receipt of such additional Emergency Management Agency, 500 C supplemental, i.e., beyond State and information the Director shall notify the Street SW., Washington, DC 20472, local capabilities, and was provided in grantee, in writing of the disposition of (facsimile) (202) 646–4536. the appeal. If the decision is to grant the a uniform and consistent manner. As a FOR FURTHER INFORMATION CONTACT: appeal, the RD will be instructed to take result, the winter storm policy was Gregory Ormsby, Engineer, appropriate implementing action. changed in September 1979 to indicate Infrastructure Support Division, room Action by the Director is final. that routine snow removal is a 713, 500 C Street SW., Washington, DC maintenance responsibility of State and (2) In appeals involving highly 20472, (202) 646–2726. technical issues, the Director may, at local governments; that budgetary SUPPLEMENTARY INFORMATION: Prior to his/her discretion, submit the appeal to shortfalls were not to be used as the winter of 1976/1977, declarations by an independent scientific or technical justification for declaration; that State the Federal government for winter storm person or group having expertise in the agencies were not eligible applicants; assistance under earlier disaster relief subject matter of the appeal for advice and to identify specific eligibility acts were rare. Only seven winter storm and recommendation. Before making the criteria and reimbursement levels. incidents were declared between 1953 selection of this person or group, the Federal assistance was reduced to 50 and 1977, and most were the result of Director may consult with the grantee, percent of total eligible costs. ice storms that caused enough damage Between 1979 and 1993, no subgrantee, or both. to justify the declaration of major emergencies or major disasters were (3) The Director may also submit disasters. However, definitive policies declared for snowstorms or blizzards. A appeals which he/she receives to and procedures were never developed total of 14 major disasters were declared persons who are not associated with by FEMA’s predecessor agencies to for other types of winter events. Except FEMA’s Response and Recovery describe the circumstances under which for changes in eligible applicants and Directorate office for recommendations Federal disaster assistance for snow the eligibility criteria for snow removal on the resolutions of appeals. removal could be provided in the contained in 44 CFR 206.227, previous (4) Within 60 days after the aftermath of winter storms. policies and procedures were not submission of a recommendation made Beginning in January 1977, and revised. pursuant to paragraphs (d) (2) and (3) of continuing through the winter of 1978/ In 1993, 18 emergencies were this section, the Director shall render a 1979, the north central and northeastern declared by the President pursuant to determination and notify the grantee of states experienced an extraordinary the Stafford Act resulting from a severe the disposition of the appeal. series of winter storms that resulted in winter storm that was categorized by the * * * * * below normal temperatures, heavy National Weather Service as a blizzard. 55124 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Proposed Rules

The basis for these declarations was the activities. No environmental assessment § 206.227 Snow removal assistance actual and potential loss of life, the or environmental impact statement has (a) The removal of snow from one widespread nature of the event, and the been prepared. lane in each direction along the need to supplement State and local Regulatory Flexibility Act following roads is eligible: emergency response efforts. During (1) Officially designated snow 1994, 11 major disaster declarations The Director certifies that this emergency routes. were approved for winter storms that proposed rule would not be a major rule (2) Roads similar to those listed in caused significant physical damage to under Executive Order 12291, and paragraph (a)(1) of this section in public infrastructure. In addition to would not have a significant impact on communities that do not have officially heavy snow in certain areas, freezing a substantial number of small entities designated snow emergency routes. rain and icing caused extensive power within the meaning of the Regulatory (3) Roads that provide access from outages and health and safety hazards. Flexibility Act, and is not expected (1) those listed in paragraphs (a) (1) and (2) More recently in the Blizzard of 1996, to affect adversely the availability of of this section to critical facilities, such 14 major disaster declarations were disaster assistance funding to small as emergency operations centers, police approved for excessive snowfall, entities, (2) to have significant stations, hospitals and other critical care commonly referred to as the Storm of secondary or incidental effects on a facilities. the Century. substantial number of small entities, nor (b) Snow emergency routes mean Eligible costs for snow declarations in (3) to create any additional burden on those roads posted as such that are 1993 included all costs necessary to small entities. Hence, no regulatory required to remain clear of parked remove snow from one lane in each impact analysis has been prepared. vehicles during designated snow direction along all eligible roads as Paperwork Reduction Act emergencies to allow the passage of defined in 44 CFR 206.227. In 1996, emergency vehicles. eligible costs included those associated This proposed rule does not involve (c) Search and rescue operations on with removing snow from one lane in any collection of information for the roads and highways are eligible. each direction along designated snow purposes of the Paperwork Reduction emergency routes, or similar routes in Act. Dated: October 16, 1996. communities without officially James L. Witt, designated snow emergency routes. In Executive Order 12612, Federalism Director. addition, removing snow from one lane In promulgating this rule, FEMA has [FR Doc. 96–27175 Filed 10–23–96; 8:45 am] in each direction along routes that considered the Executive Order 12612, BILLING CODE 6718±02±P provide access from the designated Federalism. This rule makes no changes snow emergency routes to critical in the division of governmental facilities such as hospitals, fire stations, responsibilities between the Federal police stations, custodial care facilities, government and the States. Grant FEDERAL COMMUNICATIONS etc. The rule also provides assistance for administration procedures in COMMISSION search and rescue activities along all accordance with 44 CFR part 13, roads and highways during the snow Uniform Administrative Requirements 47 CFR Part 73 emergency period. This proposed rule is for Grants and Cooperative Agreements consistent with guidance used for the to State and Local Governments, remain [MM Docket No.96±209, RM±8885] 1996 declarations for the Blizzard of the same. No Federalism assessment has Radio Broadcasting Services; Belview, 1996 with the addition of the search and been prepared. rescue work. MN Following the declarations in 1993 Executive Order 12778, Civil Justice Reform AGENCY: Federal Communications and 1996, several States and Commission. municipalities expressed their view that This rule meets the applicable ACTION: Proposed rule. the amount of assistance FEMA standards of section 2(b)(2) of Executive provided was not consistent with the Order 12778, Civil Justice Reform, dated SUMMARY: This document requests Stafford Act. They argued that all October 25, 1991, 3 CFR, 1991 Comp., comments on a petition filed by Harbor assistance authorized by the Stafford p. 359. Broadcasting, Inc., proposing the Act should be available for declarations List of Subjects in 44 CFR Part 206 allotment of Channel 290A to Belview, resulting from snow. It is FEMA’s Minnesota, as that community’s first position that snow removal is generally Disaster assistance, Public assistance. local broadcast service. The coordinates a maintenance responsibility of the Accordingly, 44 CFR part 206 is for Channel 290A are 44–42–08 and 95– State and local governments. Also, proposed to be amended as follows: 14–46. There is a site restriction 12.4 generally there is no permanent damage kilometers (7.7 miles) northeast of the to facilities resulting from snow. Federal PART 206Ð[AMENDED] community. involvement should be supplemental to the State and local efforts and should be 1. The authority citation for part 206 DATES: Comments must be filed on or limited to providing for emergency continues to read as follows: before December 2, 1996, and reply comments on or before December 17, access to address health and safety Authority: The Robert T. Stafford Disaster needs. Relief and Emergency Assistance Act, 42 1996. U.S.C. 5121 et seq.; Reorganization Plan No. ADDRESSES: Federal Communications National Environmental Policy Act 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., Commission, Washington, DC 20554. In This proposed rule would be p. 329, 5 U.S.C. App. 1; E.O. 12148, 44 FR addition to filing comments with the categorically excluded from the 43239, 3 CFR, 1979 Comp., p. 412; and E.O. FCC, interested parties should serve the preparation of environmental impact 12673, 54 FR 12571, 3 CFR, 1989 Comp., p. petitioner, as follows: Thomas Lijewski, statements and environmental 214. President, Harbor Broadcasting., Inc., assessments as an administrative action 2. Section 206.227 is proposed to be 111 Marquette Avenue, No. 1501, in support of normal day-to-day grant revised to read as follows: Minneapolis, Minnesota 55401. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Proposed Rules 55125

FOR FURTHER INFORMATION CONTACT: DATES: Comments must be filed on or SUMMARY: The Commission requests Kathleen Scheuerle, Mass Media before December 2, 1996, and reply comments on a petition filed by N’Joy Bureau, (202) 418–2180. comments on or before December 17, Broadcasting, seeking the allotment of SUPPLEMENTARY INFORMATION: This is a 1996. Channel 249A to Raton, NM, as the summary of the Commission’s Notice of ADDRESSES: Federal Communications community’s third local FM service. Proposed Rule Making, MM Docket No. Commission, Washington, D.C. 20554. The Notice also proposes to allow the 96–209, adopted October 4, 1996, and In addition to filing comments with the petitioner to amend its application released October 11, 1996. The full text FCC, interested parties should serve the (BPH–960124MA) for Channel 243A at of this Commission decision is available petitioner, or its counsel or consultant, Raton to reflect the new channel for inspection and copying during as follows: John B. Kenkel, Kenkel & without loss of cut-off protection. The normal business hours in the Associates, 1901 L Street, N.W., Suite Notice also proposes to allot Channel Commission’s Reference Center (Room 290, Washington, D.C. 20036 (Counsel 299A to Raton, as the community’s 239), 1919 M Street, NW., Washington, for petitioner). fourth local FM service, if other parties DC. The complete text of this decision FOR FURTHER INFORMATION CONTACT: Pam express an interest in applying for may also be purchased from the Blumenthal, Mass Media Bureau, (202) Channel 249A. Channel 249A can be Commission’s copy contractors, 418–2180. allotted to Raton in compliance with the Commission’s minimum distance International Transcription Services, SUPPLEMENTARY INFORMATION: This is a separation requirements at a transmitter Inc., 2100 M Street, NW., Suite 140, synopsis of the Commission’s Notice of site 6.3 kilometers (3.9 miles) north of Washington, DC 20037, (202) 857–3800. Proposed Rule Making, MM Docket No. the community, at coordinates 36–57– Provisions of the Regulatory 96–207, adopted October 4, 1996, and 18 NL; 104–25–22 WL, to accommodate Flexibility Act of 1980 do not apply to released October 11, 1996. The full text the site proposed in petitioner’s pending this proceeding. of this Commission decision is available application. Channel 299A can be Members of the public should note for inspection and copying during allotted to Raton with a site restriction that from the time a Notice of Proposed normal business hours in the FCC’s of 5.5 kilometers (3.4 miles) southeast, Rule Making is issued until the matter Reference Center (Room 239), 1919 M at coordinates 36–51–21 NL; 104–22–16, is no longer subject to Commission Street, NW, Washington, D.C. The to avoid a short-spacing to Station consideration or court review, all ex complete text of this decision may also KDZA–FM, Channel 300C1, Pueblo, CO. parte contacts are prohibited in be purchased from the Commission’s Commission proceedings, such as this copy contractor, ITS, Inc., (202) 857– DATES: Comments must be filed on or one, which involve channel allotments. 3800, 2100 M Street, NW, Suite 140, before December 2, 1996, and reply See 47 CFR 1.1204(b) for rules Washington, D.C. 20037. comments on or before December 17, governing permissible ex parte contact. Provisions of the Regulatory 1996. For information regarding proper Flexibility Act of 1980 do not apply to ADDRESSES: Federal Communications filing procedures for comments, see 47 this proceeding. Commission, Washington, D.C. 20554. CFR 1.415 and 1.420. Members of the public should note In addition to filing comments with the FCC, interested parties should serve the List of Subjects in 47 CFR Part 73 that from the time a Notice of Proposed Rule Making is issued until the matter petitioner, or its counsel or consultant, Radio broadcasting. is no longer subject to Commission as follows: Ms. Mary Alice Rateau, N’Joy Federal Communications Commission. consideration or court review, all ex Broadcasting, 8264 South Cody, John A. Karousos, parte contacts are prohibited in Litteton, CO 80123 (Petitioner). Chief, Allocations Branch, Policy and Rules Commission proceedings, such as this FOR FURTHER INFORMATION CONTACT: Division, Mass Media Bureau. one, which involve channel allotments. Leslie K. Shapiro, Mass Media Bureau, [FR Doc. 96–27287 Filed 10–23–96; 8:45 am] See 47 CFR 1.1204(b) for rules (202) 418–2180. BILLING CODE 6712±01±P governing permissible ex parte contacts. SUPPLEMENTARY INFORMATION: This is a For information regarding proper synopsis of the Commission’s Notice of filing procedures for comments, see 47 Proposed Rule Making, MM Docket No. 47 CFR Part 73 CFR 1.415 and 1.420. 96–206, adopted October 4, 1996, and released October 11, 1996. The full text [MM Docket No. 96±207, RM±8874] List of Subjects in 47 CFR Part 73 of this Commission decision is available Radio Broadcasting Services; Cawker Radio broadcasting. for inspection and copying during City, KS Federal Communications Commission normal business hours in the FCC AGENCY: Federal Communications John A. Karousos, Reference Center (Room 239), 1919 M Commission. Chief, Allocations Branch, Policy and Rules Street, NW, Washington, D.C. The ACTION: Proposed rule. Division, Mass Media Bureau. complete text of this decision may also [FR Doc. 96–27284 Filed 10–23–96; 8:45 am] be purchased from the Commission’s SUMMARY: The Commission requests copy contractor, International BILLING CODE 6712±01±P comments on a petition by Ruby J. Transcription Services, Inc., (202) 857– Hoeflicker proposing the allotment of 3800, 2100 M Street, N.W., Suite 140, Channel 242C3 at Cawker City, Kansas, 47 CFR Part 73 Washington, D.C. 20037. as the community’s first local FM Provisions of the Regulatory service. Channel 242C3 can be allotted [MM Docket No. 96±206, RM±8877] Flexibility Act of 1980 do not apply to to Cawker City in compliance with the this proceeding. Commission’s minimum distance Radio Broadcasting Services; Raton, Members of the public should note separation requirements without the NM that from the time a Notice of Proposed imposition of site restriction. The AGENCY: Federal Communications Rule Making is issued until the matter coordinates for Channel 242C3 at Commission. is no longer subject to Commission Cawker City are 39–30–30 and 98–25– consideration or court review, all ex ACTION: Proposed rule. 54. parte contacts are prohibited in 55126 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Proposed Rules

Commission proceedings, such as this SUPPLEMENTARY INFORMATION: D. Regulatory Flexibility Act one, which involve channel allotments. A. Background The EPA certifies that this rule does See 47 CFR 1.1204(b) for rules Section 4301(b) of the National not exert a significant economic impact governing permissible ex parte contacts. on a substantial number of small For information regarding proper Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104–106) requires entities. This rule imposes no reporting, filing procedures for comments, see 47 record-keeping, or any compliance costs CFR 1.415 and 1.420. agencies to remove all non-statutory certifications from their acquisition for any entity, whether large or small. List of Subjects in 47 CFR Part 73 regulation, unless the head of the E. Unfunded Mandates Radio broadcasting. agency approves a justification for the This rule will not impose unfunded Federal Communications Commission retention of a certification requirement. mandates on state or local entities, or The basis for the justification must be John A. Karousos, others. that there is no less burdensome means Chief, Allocations Branch, Policy and Rules for administering and enforcing the List of Subjects in 48 CFR Parts 1535 Division, Mass Media Bureau. certification requirement. and 1552 [FR Doc. 96–27283 Filed 10–23–96; 8:45 am] The Senior Procurement Official has Government procurement. BILLING CODE 6712±01±P provided the Administrator of EPA a Therefore, 48 CFR Chapter 15 is determination, which the Administrator proposed to be amended as set forth has approved, that there is no less below: ENVIRONMENTAL PROTECTION burdensome means for administering 1. The authority citation for Parts AGENCY and enforcing protections for EPA from 1535 and 1552 continues to read as organizational conflicts of interests than follows: 48 CFR Parts 1535 and 1552 by certification. The following conflict Authority: Sec. 205(c), 63 stat. 390, as [FRL±5639±4] of interest certifications are therefore amended, 40 U.S.C. 486(c). not affected by this rule: Acquisition Regulation: Removal of 48 CFR 1552.209–72 Organizational 2. Section 1535.007 is revised to read Certification Requirements Regarding Conflicts of Interest Certification. as follows: Collection, Use, Access, Treatment, 48 CFR 1552.210–80 Annual 1535.007 Solicitations. and Disclosure of Confidential Certification. Business Information (CBI) (a) Contracting Officers shall insert 48 48 CFR 1552.212–71 Work CFR 1552.235–73, Access to Federal Assignments. AGENCY: Environmental Protection Insecticide, Fungicide, and Rodenticide Agency. A copy of the determination approved Act Confidential Business Information, by the EPA Administrator for retention ACTION: Proposed rule. in all solicitations when the Contracting of the conflict of interest certifications Officer has determined that EPA may SUMMARY: The Environmental Protection listed above may be obtained from the furnish the contractor with confidential Agency (EPA) is proposing to amend the contact point listed in this rule. business information which EPA had Environmental Protection Agency An analysis of the certifications for 48 obtained from third parties under the Acquisition Regulation (EPAAR) (48 CFR 1552.235–72 (Control and Security Federal Insecticide, Fungicide, and CFR Chapter 15) by removing of Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). certification requirements regarding the Rodenticide Act (FIFRA) Confidential (b) Contracting Officers shall insert 48 collection, use, access, treatment, and Business Information), and 48 CFR CFR 1552.235–75, Access to Toxic disclosure of confidential business 1552.235–74, (Control and Security of Substances Control Act Confidential information (CBI) not specifically Toxic Substances Control Act (TSCA) Business Information, in all solicitations imposed by statute, and to amend CBI Confidential Business Information) when the Contracting Officer has clauses to remove such certification revealed these certifications can be determined that EPA may furnish the requirements. removed. Existing FIFRA and TSCA CBI contractor with confidential business DATE: Written comments on this clauses will be amended to mandate information which EPA had obtained proposed rule must be received on or that prior to receipt of FIFRA CBI and from third parties under the Toxic before December 23, 1996. TSCA CBI by the Contractor, the Substances Control Act (15 U.S.C. 2601 Contractor will ensure that their ADDRESSES: Comments should be et seq.). employees have read and are familiar addressed to the Environmental 3. Sections 1552.235–72 and with the handling, control, and data Protection Agency, 401 M Street, S.W., 1552.235–74 are removed and reserved. security requirements without the need Washington, D.C. 20460, attn: Paul 4. Section 1552.235–77 is amended by for a certification. Schaffer (Mail Code 3802F). Comments revising the heading and paragraph may also be transmitted electronically B. Executive Order 12866 (a)(3) to read as follows: by electronic mail (e-mail) to This is not a significant regulatory 1552.235±77 Data Security for Federal Schaffer.paul @ epamail.epa.gov. action for the purposes of Executive Insecticide, Fungicide and Rodenticide Act Electronic comments must be submitted Order 12866; therefore, no review was Confidential Business Information (Sept. as an ASCII file avoiding the use of required by the Office of Information 1966) special characters and any form of and Regulatory Affairs. (a) * * * encryption. Comments will also be (3) Prior to receipt of FIFRA CBI by accepted on disk in Wordperfect in 6.1 C. Paperwork Reduction Act the Contractor, the Contractor shall file format or ASCII file format. The Paperwork Reduction Act did not ensure that all employees who will be Electronic comments on the proposed apply because this rule does not contain cleared for access to FIFRA CBI have rule may be filed online at many Federal information collection requirements that been briefed on the handling, control, Deposit Libraries. require the approval of OMB under the and security requirements set forth in FOR FURTHER INFORMATION CONTACT: Paul Paperwork Reduction Act of 1980 (44 the FIFRA Information Security Manual. Schaffer at (202) 260–9032. U.S.C. 3501 et seq.). * * * * * Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Proposed Rules 55127

5. Section 1552.235–78 is amended by boundary of the existing red hind Resources, working in cooperation with revising the heading and paragraph spawning aggregation seasonal/area commercial fishermen, has identified (a)(1) to read as follows: closure and add two additional red hind two additional red hind spawning spawning aggregation seasonal/area aggregations off western Puerto Rico 1552.235±78 Data Security for Toxic closures. The intended effect is to that need protection. Substances Control Act Confidential Business Information (Sept. 1966) protect red hind spawning aggregations Management Measures by prohibiting fishing in these areas (a) * * * during the spawning season. In the EEZ off western Puerto Rico, (1) The Contractor and Contractor’s DATES: Written comments must be the Council is proposing to: (1) Adjust employees shall follow the security received on or before November 8, 1996. the boundary of the existing red hind spawning aggregation seasonal/area procedures set forth in the TSCA CBI ADDRESSES: Comments on the proposed closure around Buoy 8 at Tourmaline Security Manual. The manual may be rule must be sent to Georgia Cranmore, obtained from the Director, Information Bank by moving the closed area further Southeast Region, NMFS, 9721 to the east and reducing the size of the Management Division (IMD), Office of Executive Center Drive N., St. Pollution Prevention and Toxics area from approximately 15 square Petersburg, FL 33702. nautical miles (nm2) to approximately 9 (OPPT), U.S. Environmental Protection Requests for copies of the regulatory nm2; and (2) add two additional red Agency (EPA), 401 M Street, SW, amendment, which includes an hind spawning aggregation seasonal/ Washington, DC 20460. Prior to receipt environmental assessment and a area closures of 9 nm2 each—one of TSCA CBI by the Contractor, the regulatory impact review, should be Contractor shall ensure that all around Buoy 6 at Abrir La Sierra Bank sent to the Caribbean Fishery and the other around a buoy to be employees who will be cleared for ˜ Management Council, 268 Ave. Munoz deployed in the area known as ‘‘Bajo de access to TSCA CBI have been briefed Rivera, Suite 1108, San Juan, PR 00918– on the handling, control, and security Cico.’’ 2577. Red hind can be taken as bycatch in requirements set forth in the TSCA CBI FOR FURTHER INFORMATION CONTACT: Security Manual. fish or crustacean traps or by other non- Georgia Cranmore, 813–570–5305. selective gear used in directed fisheries * * * * * SUPPLEMENTARY INFORMATION: The reef off western Puerto Rico. Thus, all Dated: October 8, 1996. fish fishery of Puerto Rico and the U.S. commercial and recreational fishing for Betty L. Bailey, Virgin Islands is managed under the all species needs to be prohibited in the Director, Office of Acquisition Management. FMP. The FMP was prepared by the red hind spawning aggregation areas [FR Doc. 96–27311 Filed 10–23–96; 8:45 am] Council and is implemented by from December 1 through February 28, BILLING CODE 6560±50±P regulations at 50 CFR part 622 under the each year, to protect the spawning authority of the Magnuson Fishery aggregations and to facilitate effective Conservation and Management Act. enforcement of the closed areas. DEPARTMENT OF COMMERCE Commercial fishermen support these Background measures to protect the red hind National Oceanic and Atmospheric Red hind, like most groupers, are spawning aggregations. They can shift Administration long-lived, slow-growing, and aggregate effort to other species, such as snappers, for spawning. Hook and line and fish outside the closed areas. Also, the 50 CFR Part 622 traps are the most commonly used gear adjustment of the boundary of the [Docket No. 961008282±6282±01; I.D. in the commercial fishery; little data existing closure to exclude sandy 092796A] exist on the recreational fishery. bottom areas, previously closed to Commercial landings of red hind off RIN 0648±AI97 fishing, will allow trap fishermen to use western Puerto Rico have declined these areas to store traps during bad Fisheries of the Caribbean, Gulf of substantially since 1991. Almost 30,000 weather. Although testimony by Mexico, and South Atlantic; Reef Fish lb (13,608 kg) of red hind were reported commercial fishermen indicates that Fishery of Puerto Rico and the U.S. landed in western Puerto Rico in 1991; recreational fishermen fish these Virgin Islands; Red Hind Spawning landings in 1994 totaled about 11,000 lb spawning aggregations, no data exist on Aggregations (4,990 kg). Both the number and size of the potential impact on recreational fish caught have declined in commercial fishermen of the proposed closed areas. AGENCY: National Marine Fisheries landings. Fishing effort for red hind is This proposed rule will close only Service (NMFS), National Oceanic and highest during the spawning season, those portions of the spawning Atmospheric Administration (NOAA), December 1 through February 28. The aggregations off Puerto Rico that are in Commerce. Council believes that protection of the EEZ. Complementary regulations by ACTION: Proposed rule; request for spawning aggregations is a practical way the Commonwealth of Puerto Rico are comments. to reduce fishing mortality and also required to protect remaining portions increase the likelihood of spawning within Puerto Rico’s waters. SUMMARY: NMFS issues this proposed success. rule to implement a regulatory Amendment 2 (1993) to the FMP Action on the Recommended Changes amendment prepared by the Caribbean established a red hind spawning The Council’s recommended changes Fishery Management Council (Council) aggregation seasonal/area closure in the are within the scope of the management in accordance with framework EEZ off western Puerto Rico, around measures that may be adjusted by the procedures for adjusting management Buoy 8 at Tourmaline Bank. In 1996, framework procedure specified in the measures of the Fishery Management commercial fishermen testified that this FMP. The Administrator, Southeast Plan for the Reef Fish Fishery of Puerto area is larger and further to the west Region, NMFS, initially concurs that the Rico and the U.S. Virgin Islands (FMP). than needed to encompass the spawning Council’s recommended measures are In the Caribbean exclusive economic aggregation around Tourmaline Bank. consistent with the objectives of the zone (EEZ) off western Puerto Rico, the Additionally, Puerto Rico’s Department FMP, the national standards, and other regulatory amendment would adjust the of Natural and Environmental applicable law. Accordingly, the 55128 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Proposed Rules

Council’s recommended changes are on a substantial number of small entities and Point North lat. West long. published for comment. Final a regulatory flexibility analysis was not determinations will be made following prepared. B ...... 18°11.2′ 67°19.2′ review of all information and comments C ...... 18°08.2′ 67°19.2′ List of Subjects in 50 CFR Part 622 ° ′ ° ′ on the proposed rule. D ...... 18 08.2 67 22.4 Fisheries, Fishing, Puerto Rico, A ...... 18°11.2′ 67°22.4′ Additional Change Proposed by NMFS Reporting and recordkeeping As a technical change to the requirements, Virgin Islands. (iii) Abrir La Sierra Bank regulations, NMFS proposes to alter Dated: October 18, 1996. Point North lat. West long. minimally the boundary of the mutton Gary C. Matlock, snapper spawning aggregation area off Acting Assistant Administrator for Fisheries, A ...... 18°06.5′ 67°26.9′ the southwest coast of St. Croix. Fishing National Marine Fisheries Service. B ...... 18°06.5′ 67°23.9′ is prohibited in that area from March 1 For the reasons set out in the C ...... 18°03.5′ 67°23.9′ through June 30, each year. The vast preamble, 50 CFR part 622 is proposed D ...... 18°03.5′ 67°26.9′ ° ′ ° ′ majority of the area is in state waters— to be amended as follows: A ...... 18 06.5 67 26.9 Federal regulations apply only in the EEZ part. This change would (1) better PART 622ÐFISHERIES OF THE [FR Doc. 96–27212 Filed 10–23–96; 8:45 am] conform the outer boundary of the area CARIBBEAN, GULF, AND SOUTH BILLING CODE 3510±22±P with the 100-fathom depth contour, as ATLANTIC was intended in the FMP, as amended, (2) slightly reduce the EEZ part of the 1. The authority citation for part 622 50 CFR Part 622 continues to read as follows: area, and (3) make the area compatible [I.D. 101796C] with that established in the U.S. Virgin Authority: 16 U.S.C. 1801 et seq. Islands regulations. 2. In § 622.33, paragraph (a), Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Classification paragraph (b) introductory text, and paragraph (b)(3) are revised to read as Fishery of the Gulf of Mexico; This proposed rule has been follows: Amendment 14 determined to be not significant under E.O. 12866. § 622.33 Caribbean EEZ seasonal and/or AGENCY: National Marine Fisheries The Assistant General Counsel for area closures. Service (NMFS), National Oceanic and Legislation and Regulation of the (a) Mutton snapper spawning Atmospheric Administration (NOAA), Department of Commerce certified to aggregation area. From March 1 through Commerce. the Chief Counsel for Advocacy of the June 30, each year, fishing is prohibited ACTION: Notice of availability of an Small Business Administration that this in that part of the following area that is amendment to a fishery management proposed rule, if adopted, would not in the EEZ. The area is bounded by plan; request for comments. have a significant economic impact on rhumb lines connecting, in order, the a substantial number of small entities as points listed. SUMMARY: NMFS announces that the follows: Gulf of Mexico Fishery Management Council has submitted Amendment 14 In the EEZ off western Puerto Rico, the Point North lat. West long. proposed rule would adjust the boundaries of to the Fishery Management Plan for the A ...... 17°37.8′ 64°53.0′ the existing red hind spawning aggregation Reef Fish Resources of the Gulf of B ...... 17°39.0′ 64°53.0′ seasonal/area closure and add two additional Mexico for review, approval, and C ...... 17°39.0′ 64°50.5′ red hind spawning aggregation seasonal/area implementation by NMFS. Written D ...... 17°38.1′ 64°50.5′ closures. The intended effect is to protect red E ...... 17°37.8′ 64°52.5′ comments are requested from the hind spawning aggregations by prohibiting A ...... 17°37.8′ 64°53.0′ public. all fishing in these areas during the spawning DATES: Written comments must be season. The commercial red hind fishery is (b) Red hind spawning aggregation received on or before December 23, composed entirely of small businesses that areas. From December 1 through 1996. could be affected by the management February 28, each year, fishing is ADDRESSES: Comments must be mailed measures contained in the proposed rule. prohibited in those parts of the to the Southeast Regional Office, NMFS, Based on a 1988 survey, there are following areas that are in the EEZ. Each 9721 Executive Center Drive N., St. approximately 882 commercial fishing area is bounded by rhumb lines Petersburg, FL 33702. vessels operating off Puerto Rico. An connecting, in order, the points listed. estimated 161 (or about 18 percent) have Requests for copies of Amendment 14, homeports near the proposed closed areas; * * * * * which includes an environmental many of these vessels have access to other (3) West of Puerto Rico. assessment, a regulatory impact review, fishing grounds and do not fish for red hind. (i) Bajo de Cico and an initial regulatory flexibility Therefore, the proposed regulatory analysis, should be sent to the Gulf of amendment is not expected to affect a Point North lat. West long. Mexico Fishery Management Council, substantial number of small entities. Those ° ′ ° ′ 5401 West Kennedy Boulevard, Suite businesses that will be affected by the A ...... 18 15.7 67 26.4 ° ′ ° ′ 331, Tampa, FL 33609, PHONE: 813– proposed rule are involved in the harvest of B ...... 18 15.7 67 23.2 ° ′ ° ′ a wide variety of species, in addition to red C ...... 18 12.7 67 23.4 228–2815; FAX: 813-225-7015. ° ′ ° ′ hind; red hind catches account for only 1.3 D ...... 18 12.7 67 26.4 FOR FURTHER INFORMATION CONTACT: ° ′ ° ′ percent of the annual fishery value in Puerto A ...... 18 15.7 67 26.4 Robert Sadler, 813-570-5305. Rico. Furthermore, red hind catches will be SUPPLEMENTARY INFORMATION: The affected in only some of the spawning areas (ii) Tourmaline Bank for 3 months per year, and the effect on Magnuson Fishery Conservation and annual gross revenues will be considerably Point North lat. West long. Management Act requires that a less than 5 percent. Hence, there is not Council-prepared amendment to a expected to be a significant economic impact A ...... 18°11.2′ 67°22.4′ fishery management plan be submitted Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Proposed Rules 55129 to NMFS for review and approval, disapproval, or partial disapproval. Amendment 14 would: Prohibit the use or possession of fish traps in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) west of 85°30’ W. long.; modify the procedure for retrieval of fish traps when a breakdown prevents a vessel with a trap endorsement from retrieving its traps; phase out the use of fish traps in the EEZ of the Gulf over a 10-year period; modify the restrictions on transfer of fish trap endorsements; modify the restrictions on transfer of reef fish permits; prohibit the harvest or possession of Nassau grouper in or from the EEZ of the Gulf of Mexico; and authorize the Regional Administrator, Southeast Region, NMFS, to reopen a prematurely closed fishery to ensure that a commercial fishery quota or recreational fishery allocation is attained. Proposed regulations to implement Amendment 14 are scheduled for publication within 15 days. Authority: 16 U.S.C. 1801 et seq. Dated: October 21, 1996. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 96–27337 Filed 10–21–96; 2:19 pm] BILLING CODE 3510±22±F 55130

Notices Federal Register Vol. 61, No. 207

Thursday, October 24, 1996

This section of the FEDERAL REGISTER Total Burden Hours: 587. covered by this survey and will require contains documents other than rules or Donald Hulcher, their submission within thirty days after proposed rules that are applicable to the Deputy Departmental Clearance Officer. receipt. The sample will provide, with public. Notices of hearings and investigations, [FR Doc. 96–27257 Filed 10–23–96; 8:45 am] measurable reliability, statistics on the committee meetings, agency decisions and subjects specified above. rulings, delegations of authority, filing of BILLING CODE 3410±01±M This survey has been submitted to the petitions and applications and agency statements of organization and functions are Office of Management and Budget, in accordance with the Paperwork examples of documents appearing in this DEPARTMENT OF COMMERCE section. Reduction Act, Public Law 96–511, as Bureau of the Census amended, and was cleared under OMB Control No. 0607–0195. We will provide DEPARTMENT OF AGRICULTURE [Docket No. 961015287±6287±01] copies of the form upon written request RIN 0607±XX17 to the Director, Bureau of the Census, Submission for OMB Review; Washington, D.C. 20233. Comment Request Annual Trade Survey Based upon the foregoing, I have directed that an annual survey be October 18, 1996. AGENCY: Bureau of the Census, conducted for the purpose of collecting The Department of Agriculture has Commerce these data. submitted the following information ACTION: Notice of determination. Dated: October 16, 1996. collection requirement(s) to OMB for Bryant Benton, review and clearance under the SUMMARY: In accordance with Title 13, Paperwork Reduction Act of 1995, United States Code, Sections 182, 224, Deputy Director, Bureau of the Census. Public Law 104–13. Comments and 225, I have determined that the [FR Doc. 96–27305 Filed 10–23–96; 8:45 am] regarding these information collections Census Bureau needs to collect data BILLING CODE 3510±07±P are best assured of having their full covering year-end inventories, annual effect if received within 30 days of this sales, and purchases to provide a sound notification. Comments should be statistical basis for the formation of Bureau of Export Administration addressed to: Desk Officer for policy by various governmental Action Affecting Export Privileges; Agriculture, Office of Information and agencies. These data also apply to a Walton W. McCarthy Regulatory Affairs, Office of variety of public and business needs. Management and Budget (OMB), This annual survey is a continuation of In the Matter of: Walton W. McCarthy 138– Washington, D.C. 20503 and to similar wholesale trade surveys 1 Blakes Hill Road, Northwood, New Department Clearance Officer, USDA, conducted each year since 1978. It Hampshire 03261. OCIO, Mail Stop 7602, Washington, D.C. provides on a comparable classification Order Denying Permission To Apply for 20250–7630. Copies of the basis annual sales, inventories, and or Use Export Licenses submission(s) may be obtained by purchases for 1995 and 1996. These data On February 12, 1996, Walton W. calling (202) 720–6204 or (202) 720– are not available publicly on a timely McCarthy (McCarthy) was convicted in 6746. basis from nongovernmental or other the United States District Court for the governmental sources. • Rural Housing Service District of Massachusetts of violating the FOR FURTHER INFORMATION CONTACT: Title: 7 CFR 1965–E, ‘‘Prepayment International Emergency Economic Ronald L. Piencykoski or Edward Powers Act (50 U.S.C.A. 1701–1706 and Displacement Prevention of Murphy on (301) 457–2779. Multiple Family Housing Loans’’. (1991 & Supp. 1996) (IEEPA). McCarthy SUPPLEMENTARY INFORMATION: The was convicted of willfully, knowingly, Summary: The information is Census Bureau is authorized to take and unlawfully dealing and attempting collected as required by the Housing surveys necessary to furnish current to deal in property intended for and Community Development Act of data on subjects covered by the major exportation to Iraq, specifically, an 1987, borrowers who wish to repay their censuses authorized by Title 13, United underground shelter known as an ‘‘S30 loans must fulfill certain requirements States Code. This survey will provide Remote Tactical Base,’’ and engaging before the Rural Housing Service can continuing and timely national and attempting to engage in activity comply. statistical data on wholesale trade for intended to promote such dealing, in Need and Use of the Information: The the period between economic censuses. violation of the embargo against Iraq. information is used by the Rural The data collected in this survey will be Section 11(h) of the Export Housing Service as a guide to determine within the general scope and nature of Administration Act of 1979, as amended if prepayment requests can be accepted. those inquiries covered in the economic (50 U.S.C.A. app. §§ 2401–2420 (1991 & Description of Respondents: censuses. Supp. 1996)) (the Act),1 provides that, at Individuals or households; Business or The Census Bureau will require the discretion of the Secretary of other for-profit; Not-for-profit selected firms operating merchant institutions; Farms; State, Local or wholesale establishments in the United 1 The Act expired on August 20, 1994. Executive Tribal Government. States (with sales size determining the Order 12924 (3 C.F.R., 1994 Comp. 917 (1995)), Number of Respondents: 800. extended by Presidential Notices of August 15, 1995 probability of selection) to report on the (3 C.F.R., 1995 Comp. 501 (1996)) and August 14, Frequency of Responses: 1996 Annual Trade Survey. We will 1996 (61 FR 42527, August 15, 1996), continued the Recordkeeping; reporting: On occasion. furnish report forms to the firms Regulations in effect under IEEPA. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55131

Commerce,2 no person convicted of Regulations, or in any other activity related to McCarthy by affiliation, violating IEEPA, or certain other subject to the Regulations, including but ownership, control, or position of provisions of the United States Code, not limited to: responsibility in the conduct of trade or shall be eligible to apply for or use any A. Applying for, obtaining, or using related services may also be subject to license, including any License any license,4 License Exception, or the provisions of this Order. Exception, issued pursuant to, or export control document; IV. This Order does not prohibit any provided by, the Act or the Export B. Carrying on negotiations export, reexport, or other transaction Administration Regulations (currently concerning, or ordering, buying, subject to the Regulations where the codified at 15 C.F.R. Parts 768–799 receiving, using, selling, delivering, only items involved that are subject to (1996), as amended (61 FR 12714, storing, disposing of, forwarding, the Regulations are the foreign- 3 March 25, 1996)) (the Regulations), for transporting, financing, or otherwise produced direct product of U.S.-origin a period of up to 10 years from the date servicing in any way, any transaction technology. of the conviction. In addition, any involving any item exported or to be V. This Order is effective immediately license issued pursuant to the Act in exported from the United States that is and shall remain in effect until February which such a person had any interest at subject to the EAR, or in any other 12, 2006.y the time of conviction may be revoked. activity subject to the EAR; or Pursuant to Sections 766.25 and C. Benefiting in any way from any VI. A copy of this Order shall be 750.8(a) of the Regulations, upon transaction involving any item exported delivered to McCarthy. notification that a person has been or to be exported from the United States This Order shall be published in the convicted of violating IEEPA, the that is subject to the EAR, or in any Federal Register. Director, Office of Exporter Services, in other activity subject to the EAR. Dated: October 11, 1996. consultation with the Director, Office of II. No person may directly or Eileen M. Albanese, Export Enforcement, shall determine indirectly, do any of the following: whether to deny that person permission A. Export or reexport to or on behalf Director, Office of Exporter Services. to apply for or use any license, of the denied person any item subject to [FR Doc. 96–27259 Filed 10–23–96; 8:45 am] including any License Exception, issued the EAR; BILLING CODE 3510±DT±M pursuant to, or provided by, the Act and B. Take any action that facilitates the the Regulations, and shall also acquisition or attempted acquisition by National Oceanic and Atmospheric determine whether to revoke any license the denied person of the ownership, Administration previously issued to such a person. possession, or control of any item Having received notice of McCarthy’s subject to the EAR that has been or will conviction for violating IEEPA, and be exported from the United States, [I.D. 092796I] following consultations with the Acting including financing or other support Director, Office of Export Enforcement, activities related to a transaction Gulf of Mexico Fishery Management I have decided to deny McCarthy whereby the denied person acquires or Council; Public Meeting permission to apply for or use any attempts to acquire such ownership, AGENCY: National Marine Fisheries license, including any License possession or control; Service (NMFS), National Oceanic and Exception, issued pursuant to, or C. Take any action to acquire from or Atmospheric Administration (NOAA), provided by, the Act and the to facilitate the acquisition or attempted Commerce. Regulations, for a period of 10 years acquisition from the denied person of from the date of his conviction. The 10- any item subject to the EAR that has ACTION: Notice of cancellation of a year period ends on February 12, 2006. been exported from the United States; public meeting. I have also decided to revoke all D. Obtain from the denied person in licenses issued pursuant to the Act in the United States any item subject to the SUMMARY: The Gulf of Mexico Fishery which McCarthy had an interest at the EAR with knowledge or reason to know Management Council (Council) has time of his conviction. that the item will be, or is intended to cancelled the public meeting of the Red Accordingly, it is hereby Ordered: be, exported from the United States; or Snapper Advisory Panel (AP) that was I. Until February 12, 2006, Walton W. E. Engage in any transaction to service scheduled for October 31, 1996. The McCarthy, 138–1 Blakes Hill Road, any item subject to the EAR that has meeting was announced in the Federal Northwood, New Hampshire 03261, been or will be exported from the Register on October 7, 1996. may not, directly or indirectly, United States and which is owned, FOR FURTHER INFORMATION CONTACT: participate in any way, in any possessed or controlled by the denied Antonio Lamberte, Economist; transaction involving any commodity, person, or service any item, of whatever telephone: 813–228–2815. software or technology (hereinafter origin, that is owned, possessed or collectively referred to as ‘‘item’’) controlled by the denied person if such SUPPLEMENTARY INFORMATION: The initial exported or to be exported from the service involves the use of any item notice published on October 7, 1996 (61 United States, that is subject to the subject to the EAR that has been or will FR 52438). The purpose of this meeting be exported from the United States. For was for the AP to review both the SAP 2 Pursuant to appropriate delegations of authority purposes of this paragraph, servicing and SEP reports and provide that are reflected in the Regulations, the Director, means installation, maintenance, repair, recommendations to the Council. Office of Exporter Services, in consultation with the Director, Office of Export Enforcement, exercises modification or testing. The meeting will be rescheduled at a the authority granted to the Secretary by Section III. After notice and opportunity for future date. 11(h) of the Act. comment as provided in Section 766.23 Dated: October 18, 1996. 3 The March 25, 1996 Federal Register of the Regulations, any person, firm, Gary C. Matlock, publication redesignated, but did not republish, the corporation, or business organization existing Regulations as 15 C.F.R. Parts 768A–799A. Director, Office of Sustainable Fisheries, In addition, the March 25 Federal Register National Marine Fisheries Service. publication restructured and reorganized the 4 For purposes of this Order, ‘‘license’’ includes Regulations, designating them as an interim rule at any general license established in 15 C.F.R. Parts [FR Doc. 96–27335 Filed 10–23–96; 8:45 am] 15 C.F.R. Parts 730–774, effective April 24, 1996. 768A–799A. BILLING CODE 3510±22±F 55132 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

[I.D. 101796A] ACTION: Revisions to program for received significant new data that financial assistance. suggest that the ‘‘Storm of the Century,’’ Fisheries of the Exclusive Economic on March 12–14, 1993, was equal in Zone Off Alaska; Electronic Reporting SUMMARY: This notice serves the magnitude to a hurricane. This storm following purposes: To revise the AGENCY: was not deemed an official hurricane, National Marine Fisheries definition of ‘‘eligible causes’’ to Service (NMFS), National Oceanic and since it occurred in the winter and was include the ‘‘Storm of the Century,’’ not cyclonic in nature, which is a Atmospheric Administration (NOAA), which occurred on March 12–14, 1993; Commerce. defining characteristic of a hurricane. to clarify that the definition of eligible However, a National Climatic Data ACTION: Public meeting. gear or vessels includes gear and vessels Center Technical Report (#93–01) and lost or damaged from eligible causes SUMMARY: NMFS announces a meeting other reports state that this storm while on land; to clarify that fishermen with members of the groundfish brought a 12–ft (3.7–m) tidal surge along who have not yet repaired or replaced processing industry to discuss the portions of Florida’s west coast and their eligible gear or vessels are eligible electronic reporting system currently hurricane strength winds of up to 109 to apply; and to notify the public that under development by the Alaska mph, damaged or destroyed 18,000 NMFS will provide an additional 30 Region. The purpose of the meeting is homes, and caused over $500 million in days for submission of applications. to exchange information relating to damage to the Florida Gulf coast alone. software development, communications, DATES: Effective October 24, 1996. Based on this new information, NMFS and system implementation. Applications must be postmarked has determined that the ‘‘Storm of the November 25, 1996. Century’’ qualifies as a disaster of a DATES: The meeting will be held on magnitude of a hurricane. Therefore, October 29, 1996, 1 p.m. to 5 p.m. ADDRESSES: Applications should be sent to Charles L. Cooper, Program Leader, any fisherman who suffered uninsured ADDRESSES: The meeting will be held at Financial Services Division, National gear or vessel loss during the ‘‘Storm of the following location: Alaska Fisheries Marine Fisheries Service, 1315 East- the Century’’ on March 12–14, 1993, Science Center, Building 4, Room 2079, West Highway, Silver Spring, MD may now apply for a grant award under 7600 Sand Point Way Northeast, Seattle, 20910. the program. Applications previously WA 98115. submitted that request compensation for FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Nick damage suffered from this storm will be Charles L. Cooper, Program Leader, Hindman, 907–586–7228. processed, if otherwise eligible. (301) 713–2396. SUPPLEMENTARY INFORMATION: At its June SUPPLEMENTARY INFORMATION: Clarification of Eligible Loss and September 1996 meetings, the Some fishermen have reported to North Pacific Fishery Management Background NMFS that they believed that the Council recommended that NMFS staff NMFS published the proposed and GOMFDP limited grant awards to costs meet with interested industry members final program notice describing the Gulf arising from the repair or replacement of to discuss ideas relating to the of Mexico Fisheries Disaster Program eligible gear or vessels lost in eligible electronic reporting system currently (GOMFDP) on April 1, 1996, and June waters and excluded fishermen who had under development by the Alaska 10, 1996, respectively. (61 FR 14293; 61 removed their gear or vessels from the Region. One such meeting was held in FR 29350). The program description and water to a land site before a storm, Seattle on August 8, 1996. background are included in those where it was damaged or destroyed. The A second meeting is warranted to notices and are not repeated here. program was not designed to exclude discuss ideas and issues pertaining to these fishermen. The definition of Revisions to the program this initiative. NMFS therefore has eligible cause extends causation to any scheduled a public meeting to take NMFS has determined that the hurricane or flood, or its aftereffects, place in Seattle (see DATES and revisions contained herein are necessary during a period from August 23, 1992, ADDRESSES) and encourages fishermen, to clarify certain aspects of the program. through December 31, 1995, including, processors, and others interested in NMFS believes that these revisions will but not limited to, wind, waves, rising electronic reporting to attend. expand the program to reach fishermen waters, and the debris or other Authority: 16 U.S.C. 1801 et seq. who suffered eligible losses during the obstructions caused by them or carried Dated: October 16, 1996. disaster period. NMFS also believes that by them. This definition of ‘‘eligible clarification is needed to indicate the Bruce Morehead, cause’’ underscores that the attendant intention to include certain fishermen forces of a hurricane, such as the wind Acting Director, Office of Sustainable who may believe they are not eligible. Fisheries, National Marine Fisheries Service. and rising waters, are eligible forces, the impact of which may cause eligible Expansion of Eligible Causes [FR Doc. 96–27210 Filed 10–21–96; 9:39 am] harm, even if the gear or vessel was not BILLING CODE 3510±22±F Pursuant to the authority under the literally in the water at the time. Interjurisdictional Fisheries Act (IFA), Therefore, NMFS clarifies that the Secretary of Commerce (Secretary) fishermen who lost their fishing gear or [Docket No. 960322092±6284±03; I.D. may determine the extent, and the vessels due to eligible causes while such 100796A] beginning and ending dates, of any gear or vessels were on land are eligible fishery resource disaster. Accordingly, to apply for this program. RIN 0648±ZA19 the Secretary limited the definition of In addition, the GOMFDP final Gulf of Mexico Fisheries Disaster disaster to those events that are of a program notice may be read to limit Program; Revisions magnitude foreseen by the IFA, and the compensation to fishermen who had final program notice defined disasters as already repaired or replaced their gear AGENCY: National Marine Fisheries hurricanes and the Mississippi river or vessels. However, many fishermen Service (NMFS), National Oceanic and floods of 1993 and 1994 and their may not have had sufficient funds at the Atmospheric Administration (NOAA), aftereffects. Since implementation of the time to repair or replace their lost gear Commerce. program began, however, NMFS has or vessels. These fishermen were also Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55133 not intended to be excluded. Therefore, The meeting was announced in the [I.D. 101096B] NMFS clarifies that fishermen who have Federal Register on October 2, 1996. Marine Fisheries Advisory Committee; not yet repaired or replaced their FOR FURTHER INFORMATION CONTACT: Public Meetings eligible gear or vessels may apply for the Antonio Lamberte, Economist; program. All estimated repair costs will telephone: 813–228–2815. AGENCY: National Marine Fisheries be thoroughly verified by NMFS and SUPPLEMENTARY INFORMATION: The initial Service (NMFS), National Oceanic and assessed at the fair market value at the notice published on October 2, 1996 (61 Atmospheric Administration (NOAA), time that the loss or damage occurred. FR 51435). This meeting was intended Commerce. The final program notice required all to review available social and economic ACTION: Notice of public meetings. applications to be submitted no later data on the Gulf of Mexico red snapper, than October 7, 1996. This notice hereby vermilion, and amberjack fisheries and SUMMARY: Notice is hereby given of extends the application deadline to determine the social and economic meetings of the Marine Fisheries through a date 30 days after the date of implications of the levels of acceptable Advisory Committee (MAFAC) from publication of this notice to allow biological catch (ABC) recommended by November 18 to November 21, 1996. enough time for applicants to consider the Council’s Reef Fish Stock DATES: The meetings are scheduled as these revisions and submit new or Assessment Panel (SAP). Cancellation of follows: revised applications. the meeting is due to the fact that the 1. November 18, 1996, 11 a.m. - 5 p.m. Classification SAP was unable to recommend ABC 2. November 19, 1996, 8:30 a.m. - 5 p.m. This program has been determined to levels for the species mentioned above. 3. November 20, 1996, 8:30 a.m. - 2:30 be not significant for the purposes of The meeting will be rescheduled at a pm. E.O. 12866. future date. 4. November 21, 1996, 8:30 a.m. - Applications under this program are Dated: October 18, 1996. noon subject to E.O. 12372, Gary C. Matlock, ‘‘Intergovernmental Review of Federal Director, Office of Sustainable Fisheries, ADDRESSES: The meetings will be held at Programs.’’ National Marine Fisheries Service. the Ilikai Hotel Nikko, 1777 Ala Mona This action is exempt from review [FR Doc. 96–27334 Filed 10–23–96; 8:45 am] Boulevard, Honolulu, HI. Requests for special accommodations may be under section 553 of the Administrative BILLING CODE 3510±22±F Procedure Act, since this notice only directed to MAFAC, Office of provides program clarifications and Management Information, National does not contain a general notice of [I.D. 092796J] Marine Fisheries Service, 1315 East- proposed rulemaking. Concomitantly, West Highway, Silver Spring, MD no regulatory flexibility analysis under Gulf of Mexico Fishery Management 20910. 5 U.S.C. 601 et seq. is required. This Council; Public Meeting FOR FURTHER INFORMATION CONTACT: program contains a collection-of- Richard Wheeler, Executive Secretary; AGENCY: National Marine Fisheries information requirement subject to the telephone: (301) 713–2252. Service (NMFS), National Oceanic and Paperwork Reduction Act. The Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: As collection of this information has been Commerce. required by section 10(a)(2) of the approved by the Office of Management Federal Advisory Committee Act, 5 ACTION: and Budget (OMB control number 0648– Notice of cancellation of a U.S.C. App. (1982), notice is hereby 0082). public meeting. given of meetings of MAFAC. MAFAC Authority: Public Law 99–659 (16 U.S.C. SUMMARY: The Gulf of Mexico Fishery was established by the Secretary of 4107 et seq.); Public Law 102–396. Management Council has cancelled the Commerce (Secretary) on February 17, Dated: October 17, 1996. public meeting of the Standing and 1971, to advise the Secretary on all living marine resource matters that are Charles Karnella, Special Reef Fish Scientific and Statistical Committee (SSC) that was the responsibility of Commerce. This Acting Director, Office of Operations, Committee ensures that the living Management and Information, National scheduled for October 30, 1996. The Marine Fisheries Service. meeting was announced in the Federal marine resource policies and programs of this Nation are adequate to meet the [FR Doc. 96–27207 Filed 10–23–96; 8:45 am] Register on October 7, 1996. needs of commercial and recreational FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510±22±F fisheries, and environmental, state, Antonio Lamberte, Economist; consumer, academic, and other national telephone: 813–228–2815. [I.D. 092396A] interests. SUPPLEMENTARY INFORMATION: The initial Gulf of Mexico Fishery Management notice was published on October 7, Matters to be Considered Council; Public Meeting 1996 (61 FR 52438). The purpose of this November 18, 1996 meeting was for the SSC to review both AGENCY: National Marine Fisheries the SAP and SEP reports and determine (1) Joint Commercial-Recreational Service (NMFS), National Oceanic and if the reports were based on the best Subcommittee Meeting Atmospheric Administration (NOAA), available scientific information. (2) Protected Resources/Habitat Commerce. This meeting will be rescheduled at a Subcommittee Meeting ACTION: Notice of cancellation of a future date. (3) Seafood Markets and Trade public meeting. Subcommittee Meeting Dated: October 18, 1996. (4) Bycatch Subcommittee Business SUMMARY: The Gulf of Mexico Fishery Gary C. Matlock, Meeting Management Council (Council) has Director, Office of Sustainable Fisheries, cancelled the public meeting of the National Marine Fisheries Service. November 19, 1996 Socioeconomic Assessment Panel that [FR Doc. 96–27336 Filed 10–23–96; 8:45 am] (1) Seafood Markets and Trade was scheduled for October 23–24, 1996. BILLING CODE 3510±22±F Subcommittee Meeting 55134 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

(2) Report on Status of MAFAC Federal Register (61 FR 43737–43738) Whether the proposed collection of Resolutions that a request for a scientific research information is necessary for the proper (3) Report on the NMFS Science/ permit to import gray whale samples performance of the functions of DoD, Survey Issues from Canada and Mexico had been including whether the information will (4) Reports on Strategic Planning and submitted by the above-named have practical utility; (b) the accuracy of other critical issues facing NMFS individual. The requested permit has the estimate of the burden of the November 20, 1996 been issued under the authority of the proposed information collection; (c) Marine Mammal Protection Act of 1972, ways to enhance the quality, utility, and (1) Joint meeting with Western Pacific as amended (16 U.S.C. 1361 et seq.) and clarity of the information to be Council the Regulations Governing the Taking collected; and (d) ways to minimize the (2) Report on Magnuson Act and Importing of Marine Mammals (50 burden of the information collection on reauthorization CFR part 216). respondents, including the use of (3) NOAA Vessel tour Dated: October 16, 1996. automated collection techniques or November 21, 1996 Ann D. Terbush, other forms of information technology. This information collection requirement (1) Report on Subcommittee Meetings Chief, Permits and Documentation Division, (2) Closing Discussions Office of Protected Resources, National is currently approved by the Office of Management and Budget (OMB) for use Special Accommodations Marine Fisheries Service. [FR Doc. 96–27209 Filed 10–23–96; 8:45 am] through May 31, 1997, under OMB These meetings are physically Control Number 0704–0321. DoD BILLING CODE 3510±22±F accessible to people with disabilities. proposes that OMB extend its approval Requests for sign language for use through May 31, 2000. interpretation or other auxiliary aids DATES: Consideration will be given to all COMMISSION OF FINE ARTS should be directed to MAFAC (see comments received by December 23, ADDRESSES). Notice of Meeting 1996. Dated: October 17, 1996. ADDRESSES: Written comments and Charles Karnella, The Commission of Fine Arts’ next recommendations on the proposed meeting is scheduled for 21 November Acting Director, Office of Operation, information collection should be sent to: Management and Information, National 1996 at 10:00 AM in the Commission’s Defense Acquisition Regulations Marine Fisheries Service. offices in the Pension Building, Suite Council, Attn: Ms. Sandra Haberlin, [FR Doc. 96–27208 Filed 10–23–96; 8:45 am] 312, Judiciary Square, 441 F Street, PDUSD(A&T) DP(DAR), IMD 3D139, N.W., Washington, D.C. 20001 to BILLING CODE 3510±22±F 3062 Defense Pentagon, Washington, DC discuss various projects affecting the 20301–3062. Telefax number (703) 602– appearance of Washington, D.C., 0350. Please cite OMB Control Number [I.D. 100996C] including buildings, memorials, parks, 0704–0321 in all correspondence related etc.; also matters of design referred by to this issue. Marine Mammals; Scientific Research other agencies of the government. Permit No. 1019 (P619) FOR FURTHER INFORMATION CONTACT: Inquiries regarding the agenda and Ms. Sandra Haberlin, (703) 602–0131. A AGENCY: National Marine Fisheries requests to submit written or oral copy of the information collection Service (NMFS), National Oceanic and statements should be addressed to requirements contained in the DFARS Atmospheric Administration (NOAA), Charles H. Atherton, Secretary, text is available electronically via the Commerce. Commission of Fine Arts, at the above Internet at: http://www.dtic.mil/dfars/. address or call the above number. ACTION: Issuance of permit. Paper copies of the information Dated in Washington, D.C., October 17, collection requirements may be SUMMARY: Notice is hereby given that Dr. 1996. obtained from Ms. Sandra Haberlin, Catherine Schaeff, Department of Charles H. Atherton, PDUSD(A&T) DP(DAR), IMD 3D139, Biology, American University, 4400 Secretary. 3062 Defense Pentagon, Washington, DC Massachusetts Ave., NW., Washington, [FR Doc. 96–27269 Filed 10–23–96; 8:45 am] 20301–3062. D.C. 20016, has been issued a permit to Title, Associated Forms, and BILLING CODE 6330±01±M import gray whale specimens for Associated OMB Control Number: scientific purposes. Defense Federal Acquisition Regulation ADDRESSES: The permit and related Supplement (DFARS) Part 232, Contract documents are available for review DEPARTMENT OF DEFENSE Financing, and the clause at 252.232– upon written request or by appointment Agency Information Collection 7002; OMB Control Number 0704–0321. in the following office(s): Activities Needs and Uses: The Arms Export Permits Division, Office of Protected Control Act (Pub. L. 90–629, Section 22, Resources, NMFS, 1315 East-West AGENCY: Department of Defense (DoD). October 22, 1968) requires that Highway, Room 13130, Silver Spring, ACTION: Notice and request for purchases of military equipment by the MD 20910 (301/713–2289); comments regarding a proposed U.S. Government for foreign Regional Administrator, Northeast extension of an approved information governments be made with foreign Region, NMFS, One Blackburn Drive, collection requirement. funds and without charge to U.S. Gloucester, MA 01930–2289 (508/281– appropriated funds. In order to comply 9250); SUMMARY: In compliance with Section with this requirement, the Government Regional Administrator, Southeast 3506(c)(2)(A) of Public Law 104–13, the needs to know how much to charge each Region, NMFS, 9721 Executive Center Paperwork Reduction Act of 1995, DoD country as progress payments are made Drive North, St. Petersburg, FL 33702– announces the proposed extension of a for its purchases. The clause at 252.232– 2432 (813/570–5301). public information collection and seeks 7002, Progress Payments for Foreign SUPPLEMENTARY INFORMATION: On August public comment on the provisions Military Sales Acquisitions, requires 26, 1996, notice was published in the thereof. Comments are invited on: (a) contractors whose contracts include Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55135 foreign military sales (FMS) In accordance with Section 10(d) of Capacity alternative proposes requirements to submit a separate the Federal Advisory Committee Act, development of an executive 9-hole golf progress payment request for each Public Law 92–463, as amended by 5 course combined with residential progress payment rate, and to submit a U.S.C., Appendix II, it is hereby development, mixed corporate, supporting schedule that clearly determined that this BMD Advisory commercial and residential uses, open distinguishes the contract’s FMS Committee meeting concerns matters space, and active recreation. requirements from U.S. requirements. listed in 5 U.S.C. 552b(c)(1), and that In addition to the preferred The Government uses this information accordingly this meeting will be closed alternative, the other alternatives to determine how much of each to the public. analyzed in the Draft EIS/EIR include: country’s funds to disburse to the Dated: October 21, 1996. (1) A Mixed Use Village alternative that contractor. Linda M. Bynum, would include a mixed use zone, areas Affected Public: Businesses or other for a research and development facility, for-profit and not-for profit institutions. OSD Federal Register Liaison Officer, Department of Defense. cultural/meeting facilities, Annual Burden Hours: 5,400 [FR Doc. 96–27318 Filed 10–23–96; 8:45 am] neighborhood retail development, (includes 3,600 recordkeeping hours). residential development, open space, BILLING CODE 5000±04±M Number of Respondents: 150. and active recreation; (2) a Single Use Responses per Respondent: 24. Campus alternative that would include Annual Responses: 3,600. an educational campus, neighborhood Average Burden per Response: .5 Department of the Navy, DoD hours. retail development, open space, and Frequency: On occasion. Notice of Public Hearing for the Joint active recreation; and (3) a Residential Draft Environmental Impact Statement/ alternative that would include either SUPPLEMENTARY INFORMATION: Environmental Impact Report (EIS/EIR) low-density or high-density housing Summary of Information Collection for Disposal and Proposed Reuse of units, combined with neighborhood the Naval Medical Center Oakland, retail development, open space, and The information collection includes Oakland, CA active recreation; and (4) a ‘‘No Action’’ requirements relating to DFARS Part alternative that would result in the 232, Contract Financing. SUMMARY: Pursuant to Section 102(2)(c) NMCO property remaining in federal a. DFARS 232.502–4–70(a) prescribes of the National Environmental Policy use of the clause at DFARS 252.232– ownership in a caretaker status. Act (NEPA) of 1969 as implemented by The Draft EIS/EIR is available for 7002, Progress Payments for Foreign the Council on Environmental Quality Review at the following public libraries Military Sales Acquisitions, in any regulations (40 CFR Parts 1500–1508), in the vicinity of NMCO: (1) Oakland- contract that provides for progress the California Environmental Quality Eastmont Mall Branch Library, 175 payments and contains foreign military Act (CEQA) Section 15170, the Eastmont Mall, 2nd Floor, Oakland, CA; sales requirements. Department of the Navy, in coordination (2) Oakland-Montclair Branch Library, b. DFARS 252.232–7002 requires with the City of Oakland, California, has 1687 Mountain Blvd., Oakland, CA; (3) contractors whose contracts include prepared and filed with the U.S. Oakland Main Library, 125 14th Street, foreign military sales requirements to Environmental Protection Agency a Oakland, CA; and (4) San Leandro Main submit a separate progress payment joint Draft Environmental Impact Library, 300 Estudillo Ave., San request for each progress payment rate, Statement/Environmental Impact Report Leandro, CA. and to submit a supporting schedule (EIS/EIR) for disposal and proposed that clearly distinguishes the contract’s reuse of the former Naval Medical ADDRESSES: The Navy will conduct a foreign military sales requirements from Center Oakland (NMCO) property and public hearing on Wednesday, U.S. requirements. structures in Oakland, California. The November 13, 1996, at 6:30 p.m., in the Michele P. Peterson, Navy is the lead agency for NEPA Hearing Room 2, City Hall, One City Executive Editor, Defense Acquisition documentation and the City of Oakland Hall Plaza, Oakland, California, to Regulations Council. is the lead agency for CEQA inform the public of the Draft EIS/EIR [FR Doc. 96–27280 Filed 10–23–96; 8:45 am] documentation. The Draft EIS/EIR is findings and to solicit comments. Federal, state and local agencies, and BILLING CODE 5000±04±M being prepared in compliance with the 1993 Base Realignment and Closure interested individuals are invited to be (BRAC) directive from Congress to close present or represented at the hearing. Office of the Secretary NMCO. NMCO property will be Oral comments will be heard and disposed of in accordance with the transcribed by a stenographer. To assure Ballistic Missile Defense Advisory provisions of the Defense Base Closure accuracy of the record, all comments Committee and Realignment Act (Pub. L. 101–510) should be submitted in writing. All of 1990 as amended, and applicable comments, both oral and written, will ACTION: Notice of advisory committee become part of the public record in the meeting. federal property disposal regulations. NMCO closed on September 30, 1996. study. In the interest of available time, SUMMARY: The Ballistic Missile Defense The Draft EIS/EIR assesses the each speaker will be asked to limit oral (BMD) Advisory Committee will meet in potential impacts to the environment comments to five minutes. Longer closed session in Norfolk, Virginia, on that may result from Navy disposal of comments should be summarized at the November 7–8, 1996. the NMCO property and subsequent public hearing and submitted in writing The mission of the BMD Advisory community reuse. The Oakland Base either at the hearing or mailed to the Committee is to advise the Secretary of Reuse Authority (OBRA) has adopted a address listed below. Defense and Deputy Secretary of Final Reuse Plan for the NMCO FOR FURTHER INFORMATION CONTACT: All Defense, through the Under Secretary of property. The NMCO Reuse Plan was written comments must be submitted no Defense (Acquisition and Technology), adopted in June 1996 and published for later than November 27, 1996 to Mr. on all matters relating to BMD distribution in August 1996. The Gary J. Munekawa (Code 185GM), acquisition, system development, and preferred reuse alternative described in Engineering Field Activity West, Naval technology. the Draft EIS/EIR as the Maximum Facilities Engineering Command, 900 55136 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Commodore Drive, San Bruno, resources to assure that DOE did not September 20, 1996, DOE’s California 94066–5006, telephone (415) eliminate sound engineering practices representatives reported on the status of 244–3022, fax (415) 244–3737. For codified in existing safety orders that DOE’s review and revision of nuclear information concerning the EIR, please are necessary to adequately protect the safety orders and rules, and the Board contact Ms. Anu Raud, City of Oakland, public health and safety. During the past identified safety issues requiring Community and Economic Development two years, the Board’s staff has resolution, including inappropriate Agency, telephone (415) 238–6346, or conducted reviews of all DOE revisions application of ‘‘sunset provisions’’ to fax (510) 238–4730. For further to safety orders and rules. safety orders, the need for ‘‘crosswalks’’ information regarding the Oakland Base DOE’s efforts continue, as does the showing the disposition of requirements Reuse Planning Process, please contact Board’s oversight to ensure full in superseded safety orders, the need to Mr. Mel Blair, City of Oakland Base development and implementation of preserve sound engineering practice Reuse Authority, telephone (510) 238– safety standards tailored to each DOE embodied in guidance documents. The 6908, or fax (510) 238–2936. defense nuclear facility’s hazards. The Board reserved its right to further Dated: October 21, 1996. Board believes that the public interest comment after it completed its integrated review of how rules, orders, M.A. Waters, will be served by holding a public meeting to assess DOE’s progress in and other safety requirements are being LCDR, JAGC, USN, Alternate Federal Register revised and integrated into an overall Liaison Officer. streamlining the safety orders and promulgating new safety rules safety management program for defense [FR Doc. 96–27277 Filed 10–23–96; 8:45 am] pertaining to its defense nuclear nuclear facilities. The Board reiterated BILLING CODE 3810±FF±P facilities, and to assure that DOE’s its concern that DOE’s streamlining and activities in streamlining DOE’s nuclear conversion process not compromise the safety order system and converting to its requirements-based safety program DEFENSE NUCLEAR FACILITIES new regulatory system do not eliminate currently embodied in contracts which SAFETY BOARD the sound engineering practices now incorporate applicable DOE safety orders. Sunshine Act Meeting codified in its safety orders that are necessary to adequately protect public In accordance with the statute Pursuant to the provisions of the health and safety. establishing the Board, a public meeting will be conducted to assess DOE’s ‘‘Government in the Sunshine Act’’ (5 CONTACT PERSON FOR MORE INFORMATION: activities in streamlining DOE’s nuclear U.S.C. § 552b), notice is hereby given of Robert M. Andersen, General Counsel, safety order system and converting to a the Defense Nuclear Facilities Safety Defense Nuclear Facilities Safety Board, regulatory program and to determine if Board’s (Board) meeting to inform the 625 Indiana Avenue, NW, Suite 700, DOE is taking sufficient steps to assure public on the status of the Board’s Washington, DC 20004, (800) 788–4016. that this effort not eliminate the oversight of the Department of Energy’s This is a toll-free number. (DOE) initiatives to simplify existing engineering practices now codified in SUPPLEMENTARY INFORMATION: The Board its safety orders that are necessary to safety orders and to promulgate new has a responsibility for oversight of rules. adequately protect public health and DOE’s development and safety. To assist the Board and inform TIME AND DATE: November 7, 1996, 9:00 implementation of nuclear health and a.m. the public, individual Board members safety requirements as a transition is will present their views, and the Board’s PLACE: The Defense Nuclear Facilities being made from the use of safety orders staff will brief the Board on several Safety Board, Public Hearing Room, 625 to rules. The Board understands DOE’s related topics, including, but not limited Indiana Avenue, NW, Suite 300, desire to streamline its system of to: Washington, DC 20004. directives. Nevertheless, the Board 1. A comprehensive report on the MATTERS TO BE CONSIDERED: 42 U.S.C. continues to be concerned that the status of staff reviews conducted over § 2286a requires that the Board review conversion process not compromise the the past two years of DOE’s revision of and evaluate the content and requirements-based safety program not safety orders, rules, and ‘‘crosswalks’’ implementation of standards relating to embodied in the DOE’s safety orders which track the original set of fifty-two the design, construction, operation, and and existing regulations. orders of interest to the Board through decommissioning of defense nuclear During the past two years, the Board the revision process and/or conversion facilities of the Department of Energy. has held three Board meetings, open to to rules. Those standards include rules, DOE the public, regarding its review of DOE 2. Identification and discussion of the safety orders, and other requirements. efforts to revise and improve nuclear superseding streamlined order system. Since 1990, the Board, acting pursuant safety requirements. This will be the 3. DOE’s new rules affecting health to its enabling statute, has issued a fourth in that series. On May 31, 1995, and safety at defense nuclear facilities. series of recommendations designed to the Board met to lay the groundwork for 4. Actions taken to address the foster the development and a full assessment of how Standards/ Board’s concerns that the safety implementation of an effective Requirements Identification Documents, envelope currently in place to ensure standards-based nuclear safety program rules, orders, and other safety adequate protection of the public health within DOE. requirements are integrated into an and safety is not inadvertently The Secretary of Energy has accepted overall safety management program for compromised by DOE’s effort to each of these recommendations. In the defense nuclear facilities. This meeting streamline its directive. meantime, DOE has engaged in a was continued on July 18, 1995. The 5. Lessons learned regarding the number of initiatives designed to Board’s staff reported on their managerial tools needed to assure that simplify existing safety orders and the comprehensive review of existing orders DOE’s activities in streamlining its promulgation of new safety rules. The and rules, their adequacy, and the status nuclear safety order system and streamlining of safety orders affecting of DOE revisions to safety orders and converting to a regulatory program not defense nuclear facilities and the rules. Individual Board members eliminate the engineering practices now promulgation of new rules has required presented their views. Then, in a joint codified in its safety orders that are the Board to commit substantial meeting with DOE officials on necessary to adequately protect public Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55137 health and safety at defense nuclear ACTION: Notice of proposed information facilities, and sell gas to an individual, facilities. Specifically, DOE’s collection and request for comments. entity or municipality for the specific development and use of ‘‘crosswalks’’ purpose indicated in the order, and to SUMMARY: In compliance with the used to track the disposition of good extend the pipeline’s transportation engineering practices embodied in the requirements of Section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 facilities to communities immediately superseded safety orders. adjacent to the municipality’s facilities 6. Further Board actions needed to (Pub. L. No. 104–13), the Federal Energy Regulatory Commission (Commission) is or to territories served by the natural gas ensure that there is no relaxation of company. In addition, the Commission commitments made to achieve soliciting public comment on the reviews the supply data to determine if compliance with safety requirements in specific aspects of the information the pipeline company can provide the contracts while proposed rules are collection described below. developed and processed. DATES: Consideration will be given to service without curtailing certain of its DOE officials will be present to comments submitted on or before existing customers. The flow data and provide additional Departmental views, December 23, 1996. market data are also used to evaluate comment and such additional ADDRESSES: Copies of the proposed existing and future customer information the Board may require. collection of information can be requirements on the system to find if A transcript of this proceeding will be obtained from and written comments sufficient capacity will be available. made available by the Board for may be submitted to the Federal Energy Likewise, the cost of facilities and the inspection by the public at the Defense Regulatory Commission, Attn: Michael rate data are used to evaluate the Nuclear Facilities Safety Board’s P. Miller, Information Services Division, financial impact of the cost of the Washington office. ED–12.4, 888 First Street N.E., project to both the pipeline company The Board reserves its right to further Washington, D.C. 20426. and its customers. The Commission schedule and otherwise regulate the FOR FURTHER INFORMATION CONTACT: implements these filing requirements in course of these meetings and hearings, Michael P. Miller may be reached by the Code of Federal Regulations (CFR) to recess, reconvene, and otherwise telephone at (202) 208–1415, by fax at under 18 CFR Part 156. exercise its power under the Atomic (202) 273–0873, and by e-mail at Energy Act of 1954, as amended. [email protected]. Action Dated: October 22, 1996. SUPPLEMENTARY INFORMATION: The The Commission is requesting a three- Kenneth M. Pusater, information collected under the year extension of the current expiration requirements of FERC Form No. 538 General Manager. date, with no changes to the existing ‘‘Gas Pipeline Certificates: Initial [FR Doc. 96–27470 Filed 10–22–96; 3:11 am] collection of data. BILLING CODE 3670±01±M Service’’ (OMB No. 1902–0061) is used by the Commission to implement the Burden Statement statutory provisions of Sections 7(a), Public reporting burden for this DEPARTMENT OF ENERGY 10(a) and 16 of the Natural Gas Act (NGA) (P.L. 75–688) (15 U.S.C. 717– collection is estimated as: Federal Energy Regulatory 717w). The reporting requirements Commission contained in this collection of information are used by the Commission [FERC Form No. 538] to determine whether a distributor Proposed Information Collection and applicant can economically construct Request for Comments and manage its facilities. Requests are made to the Commission by individuals October 18, 1996. or entities to have the Commission, by AGENCY: Federal Energy Regulatory order, direct a natural gas pipeline to Commission, Energy. extend or improve its transportation

Number of re- Average sponses burden Total annual Number of respondents annually per re- hours per burden hours spond- response ent

(1) (2) (3) (1)×(2)×(3)

1 ...... 1 240 hours 240 hours.* * The Office of Management and Budget's current inventory indicates a total of 320 hours. Based on Commission staff's knowledge and famili- arity with gas pipeline practices, this estimate should be adjusted downwards to 240 hours as stated above.

Estimated cost burden to respondents: utilizing technology and systems for the data sources; (6) completing and 320 hours/2,087 hours per year × purposes of collecting, validating, reviewing the collection of information; $102,000 per year=$15,640. verifying, processing, maintaining, and (7) transmitting, or otherwise The reporting burden includes the disclosing and providing information; disclosing the information. total time, effort, or financial resources (3) adjusting the existing ways to The estimate of cost for respondents expended to generate, maintain, retain, comply with any previously applicable is based upon salaries for professional disclose, or provide the information instructions and requirements; (4) and clerical support, as well as direct including: (1) Reviewing instructions; training personnel to respond to a and indirect overhead costs. Direct costs (2) developing, acquiring, installing, and collection of information; (5) searching include all costs directly attributable to 55138 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices providing this information, such as Any person desiring to be heard or to inspection in the Public Reference administrative costs and the cost for protest this filing should file a motion Room. information technology. Indirect or to intervene or protest with the Federal Lois D. Cashell, overhead costs are costs incurred by an Energy Regulatory Commission, 888 Secretary. organization in support of its mission. First Street NE., Washington, DC 20426, [FR Doc. 96–27222 Filed 10–23–96; 8:45 am] These costs apply to activities which in accordance with 18 CFR 385.214 and BILLING CODE 6717±01±M benefit the whole organization rather 385.211 of the Commission’s Rules and than any one particular function or Regulations. All such motions or activity. protests must be filed as provided in [Docket No. RP96±351±001] Comments are invited on: (1) Whether Section 154.210 of the Commission’s the proposed collection of information Regulations. Protests will be considered Arkansas Western Pipeline Company; is necessary for the proper performance by the Commission in determining the Notice of Filing of FERC Gas Tariff of the functions of the Commission, appropriate action to be taken, but will October 18, 1996. including whether the information will not serve to make protestants parties to Take notice that on October 19, 1996, have practical utility; (2) the accuracy of the proceeding. Any person wishing to Arkansas Western Pipeline Company the agency’s estimate of the burden of become a party must file a motion to (AWP) tendered for filing as part of its the proposed collection of information, intervene. Copies of this filing are on FERC Gas Tariff, Second Revised Sheet including the validity of the file with the Commission and are No. 4 to become effective September 1, methodology and assumptions used; (3) available for public inspection in the 1996. ways to enhance the quality, utility and Public Reference Room. AWP states that the filing corrected clarity of the information to be Lois D. Cashell, the Second Revised Sheet No. 4 that was collected; and (4) ways to minimize the Secretary. filed August 29, 1996, to reflect the burden of the collection of information [FR Doc. 96–27233 Filed 10–23–96; 8:45 am] docket number, issuance date, and on those who are to respond, including BILLING CODE 6717±01±M FERC citation, as required by the the use of appropriate automated, Commission’s Order Accepting Tariff electronic, mechanical, or other Sheet, issued September 26, 1996. technological collection techniques or Any person desiring to protest this other forms of information technology [Docket No. RP96±262±001 and RP96±263± filing should file a protest with the e.g. permitting electronic submission of 002] Federal Energy Regulatory Commission, responses. 888 First Street, NE., Washington, DC ANR Pipeline Company; Notice of Lois D. Cashell, 20426, in accordance with 385.211 of Proposed Changes In FERC Gas Tariff Secretary. the Commission’s Rules and [FR Doc. 96–27236 Filed 10–23–96; 8:45 am] October 18, 1996. Regulations. All such protests must be BILLING CODE 6717±01±M filed as provided in Section 154.210 of Take notice that on October 11, 1996, the Commission’s Regulations. Protests ANR Pipeline Company (ANR) tendered will be considered by the Commission [Docket No. TM97±2±20±000] for filing as part of its FERC Gas Tariff, in determining the appropriate action to Second Revised Volume No. 1, the be taken, but will not serve to make Algonquin Gas Transmission following tariff sheets to become protestants parties to the proceeding. Company; Notice of Proposed effective June 1, 1996: Copies of this filing are on file with the Changes in FERC Gas Tariff Substitute Seventeenth Revised Sheet No. 18 Commission and available for public October 18, 1996. Substitute Eighteenth Revised Sheet No. 18 inspection. Lois D. Cashell, Take notice that on October 15, 1996, ANR states that the above-referenced Algonquin Gas Transmission Company updated tariff sheets are being filed to Secretary. (Algonquin) tendered for filing as part of restate its Gas Supply Realignment [FR Doc. 96–27224 Filed 10–23–96; 8:45 am] its FERC Gas Tariff, Fourth Revised (GSR), Pricing Differential (PD), and BILLING CODE 6717±01±M Volume No. 1, the following revised Dakota Reservation Surcharges, to tariff sheet, with a proposed effective reflect the impact of the update of the [Docket No. RP97±33±000] date of November 16, 1996: Eligible MDQ that is used to calculate Sixth Revised Sheet No. 40 those Surcharges in compliance with Centra Pipelines Minnesota Inc.; Algonquin states that pursuant to the Commission’s letter order dated Notice of Proposed Changes In FERC Section 32 of the General Terms and September 26, 1996. Gas Tariff Conditions of its FERC Gas Tariff, it is Any person desiring to protest this October 18, 1996. filing to revise the Fuel Reimbursement filing should file a protest with the Take notice that on October 11, 1996, Percentages for the four calendar Federal Energy Regulatory Commission, Centra Pipelines Minnesota Inc. (Centra periods beginning November 16, 1996. 888 First Street, N.W., Washington, D.C. Minnesota) tendered for filing to Furthermore, Algonquin states that 20426, in accordance with 18 CFR become part of its FERC Gas Tariff, pursuant to Section 32.5 and 32.6 of the 385.211 of the Commission’s Rules and Second Revised Volume No. 2, the General Terms and Conditions of its Regulations. All such protests must be following tariff sheet, with an effective FERC Gas Tariff, it is also submitting the filed as provided in Section 154.210 of date of June 26, 1996: annual calculation of the fuel the Commission’s Regulations. Protests reimbursement quantity deferral will be considered by the Commission Second Revised Sheet No. 35 allocation. in determining the appropriate action to Centra Minnesota states that Second Algonquin states that copies of this be taken, but will not serve to make Revised Sheet No. 35 is an ‘‘Index of filing were mailed to all customers of protestants parties to the proceeding. Customers’’ and is being filed to reflect Algonquin and interested state Copies of this filing are on file with the changes in the volumes of natural gas commissions. Commission and are available for public transported by Centra Minnesota on Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55139 behalf of its shippers. Second Revised or protest with the Federal Energy inspection in the Public Reference Sheet No. 35 is proposed to be effective Regulatory Commission, 888 First Room. on June 1, 1996. These revised Street, N.E., Washington, D.C. 20426, in Lois D. Cashell, transportation volumes, which accordance with the Commission’s Secretary. correspond to appropriate changes in Rules of Practice and Procedure (18 CFR [FR Doc. 96–27235 Filed 10–23–96; 8:45 am] the Department of Energy (DOE) import 385.214 and 385.211). All such motions BILLING CODE 6717±01±M and/or export authorizations of Centra or protests must be filed as provided in Minnesota’s shippers, are as follows: Section 154.210 of the Commission’s (1) Reduce the volumes of gas that Regulations. Protests will be considered [Docket No. RP97±31±000] Centra Minnesota is authorized to by the Commission in determining the transport on behalf of Northern appropriate action to be taken, but will East Tennessee Natural Gas Company; Minnesota Utilities (NMU) from up to not serve to make protestants parties to Notice of Proposed Changes in FERC 11,445 MMcf/year to up to 10,350 the proceeding. Any person wishing to Gas Tariff MMcf/year; become a party to the proceeding must (2) Transport on behalf of Stone file a motion to intervene. Copies of October 18, 1996. Consolidated Corporation (Stone) the Centra Minnesota’s filing are on file Take notice that on October 15, 1996, remainder of the volumes that were with the Commission and are available East Tennessee Natural Gas Company previously transported on behalf of for public inspection. (East Tennessee) tendered for filing as NMU, i.e., up to 1,095 MMcf/year; and Lois D. Cashell, part of its FERC Gas Tariff, Second (3) Transport on behalf of NMU 365 Revised Volume No. 1, the following Secretary. MMcf/day for a term of November 1, tariff sheet, to become effective on 1995, through October 31, 2002. [FR Doc. 96–27229 Filed 10–23–96; 8:45 am] November 15, 1996: Centra Minnesota states that NMU BILLING CODE 6717±01±M and Stone have received import/export First Revised Sheet No. 111 authorizations from the DOE which East Tennessee states that it is filing comport with the revised transportation [Docket No. TM97±1±127±001] the proposed tariff change in order to volumes listed above. Centra Minnesota eliminate the provision in its tariff that also states that the corresponding Cove Point LNG Limited Partnership; prevents requests for service from being changes to the volumes transported on Notice of Compliance Filing submitted more than 90 days in advance behalf of these shippers are fully of the date that the requested service is consistent with Centra Minnesota’s October 18, 1996. to commence. flexible transportation authority granted Take notice that on October 15, 1996, Any person desiring to be heard or to by the Commission. Additionally, Cove Point LNG Limited Partnership protest this filing should file a motion Centra Minnesota states that no increase (Cove Point) tendered for filing as part to intervene or protest with the Federal in transportation volumes is sought and of its FERC Gas Tariff, First Revised Energy Regulatory Commission, 888 no facility construction is required. In Volume No. 1, the following tariff sheets First Street, N.E., Washington, D.C. essence, all that is involved is a to become effective October 1, 1996: 20426, in accordance with 385.214 and reallocation of volumes already 385.211 of the Commission’s Rules and authorized for transport between an Substitute First Revised Sheet No. 5 Regulations. All such motions or Substitute First Revised Sheet No. 6 existing shipper—NMU—and a new Substitute First Revised Sheet No. 7 protests must be filed as provided in shipper—Stone. The new transportation Section 154.210 of the Commission’s arrangement with NMU FOR 365 MMcf/ Cove Point asserts that the purpose of Regulations. Protests will be considered year replaces an earlier transportation this filing is to comply with order of the by the Commission in determining the agreement between NMU and Centra Commission’s Director of the Office of appropriate action to be taken, but will Minnesota, for the same volume of gas, Pipeline Regulation issued on not serve to make protestants parties to that terminated on October 31, 1995. September 27, 1996, in Docket No. the proceeding. Any person wishing to Pursuant to Section 154.207 of the TM97–1–1–000, et al. (76 FERC become a party must file a motion to Commission’s regulations, Centra ¶ 62,259). intervene. Copies of this filing are on Minnesota respectively requests waiver Cove Point states that the changes file with the Commission and are of the thirty-day notice period so that were made to reflect Cove Point’s ACA available for public inspection in the Second Revised Sheet No. 35 will charge of $0.0020 in the Total Rate Public Reference Room. become effective on June 1, 1996. In column of the Currently Effective Rates Lois D. Cashell, addition, Centra Minnesota requests sheets. Secretary. waiver of Section 154.111(c) of the [FR Doc. 96–27227 Filed 10–23–96; 8:45 am] Commission’s regulations regarding the Any person desiring to protest this BILLING CODE 6717±01±M filing dates prescribed therein. Centra filing should file a protest with the Minnesota states that such waivers will Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, DC not result in any harm to any shipper [Docket No. RP97±34±000] since the volume of gas to be 20426, in accordance with 385.211 of transported by Centra Minnesota will the Commission’s Rules of Practice and East Tennessee Natural Gas Company; not be increased or decreased, but is Procedure. All such protests must be Notice of Proposed Changes In FERC merely being reallocated. filed as provided in Section 154.210 of Gas Tariff Centra Minnesota states that copies of the Commission’s Regulations. Protests the filing were served upon Centra will be considered by the Commission October 18, 1996. Minnesota’s jurisdictional customers in determining the appropriate action to Take notice that on October 11, 1996, and interested state commissions. be taken, but will not serve to make East Tennessee natural Gas Company Any person desiring to be heard or to protestants parties to the proceeding. (East Tennessee), submitted for filing to make any protests with reference to said Copies of this filing are on file with become part of its FERC Gas Tariff, Fifth filing should file a motion to intervene Commission and are available for public Revised Volume 1, the following revised 55140 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices tariff sheets to be effective on December (Eastern Shore) tendered for filing as available for public inspection in the 1, 1996: part of its FERC Gas Tariff, First Revised Public Reference Room. Ninth Revised Sheet No. 4 Volume No. 1, the tariff sheets listed Lois D. Cashell, Second Revised Sheet No. 51 below, proposed to become effective on Secretary. Third Revised Sheet No. 52 November 14, 1996. [FR Doc. 96–27228 Filed 10–23–96; 8:45 am] Second Revised Sheet No. 52A Eighty-Fifth Revised Sheet No. 5 Second Revised Sheet No. 61 BILLING CODE 6717±01±M First Revised Sheet No. 102 Eighty-Seventh Revised Sheet No. 6 Second Revised Sheet No. 103 Seventy-Eighth Revised Sheet No. 10 Second Revised Sheet No. 104 Forty-Sixth Revised Sheet No. 10A [Docket No. CP97±33±000] Second Revised Sheet No. 105 Seventy-Eighth Revised Sheet No. 11 First Revised Sheet No. 126 Fiftieth Revised Sheet No. 11A First Revised Sheet No. 208 Seventy-Eighth Revised Sheet No. 12 Equitrans, Inc.; Notice of Request First Revised Sheet No. 216 Fiftieth Revised Sheet No. 12A Under Blanket Authorization First Revised Sheet No. 217 Seventy-Eighth Revised Sheet No. 13 October 18, 1996. First Revised Sheet No. 224 Forty-Seventh Revised Sheet No. 13A First Revised Sheet No. 225 Fifty-Seventh Revised Sheet No. 14 Take notice that on October 15, 1996, East Tennessee states that the purpose Thirty-Seventh Revised Sheet No. 14A Equitrans, Inc. (Equitrans), 3500 Park of this filing is to implement various Thirty-First Revised Sheet No. 15 Lane, Pittsburgh, Pennsylvania 15275, service modifications resulting from Thirty-Fourth Revised Sheet No. 15A filed in Docket No. CP97–33–000 a customer discussions at and subsequent request pursuant to Section 7 of the Eastern Shore states this rate filing is to its August 6, 1996 Winter Operations Natural Gas Act, as amended, and made to effectuate changes in the rates Meeting. The service modifications Sections 157.205 and 157.212 (18 CFR applicable to Eastern Shore’s services include elimination of the Daily 175.205 and 157.212) for authorization under Rate Schedules CD–1, CD–E, G– Demand Service requirement (for to install one delivery tap pursuant to 1, E–1, I–1, PS–1, T–1, GSS–1, LSS, customers that do not have electronic Equitable Gas Company’s (Equitable WSS–1, LGA–1, CWS, and CFSS, measuring facilities) and Daily Variance respectively. The proposed changes Gas) blanket certificate issued in Docket Charges; revision of its Maximum reflect an annual increase in No. CP83–508–000 and transferred to Allowed Deliveries provisions to jurisdictional operating revenue of Equitrans in Docket No. CP86–676–000, provide more flexibility for excuse of approximately $1,445,000. The all as more fully set forth in the request performance events and small proposed rates are based on an overall which is on file with the Commission customers and to limit Balancing cost of service $35,549,713 which and open to public inspection. Agreements’ Total Quantity; and consists of actual experience for the Equitrans states that the proposed increase of the Balancing Alert penalty. Any person desiring to be heard or to twelve months ended June 30, 1996 delivery tap would be installed on protest this filing should file a motion (Base Period) as adjusted for known and Equitrans’ field gathering pipeline No. to intervene or protest with the Federal measurable changes through March 31, W–2293 in Harrison County, West Energy Regulatory Commission, 888 1997 (Test Period). Virginia. It is further stated that the tap First Street N.E., Washington, D.C. Eastern Shore states that the overall would be instituted to provide 20426, in accordance with 18 CFR cost of service underlying the proposed transportation deliveries to Equitable 385.211 and 385.214 of the rates includes the annualized effect of Gas for ultimate distribution to one Commission’s Rules and Regulations. increases in operating and maintenance residential customer, Michael W. Hart All such motions or protests must be expenses, taxes other than income, and in Lumberport, West Virginia. Equitrans filed as provided in Section 154.210 of depreciation on new plant facilities for states that it would charge Equitable the the Commission’s Regulations. Protests which necessary certificates have been application transportation rate will be considered by the Commission issued and which will have been contained in Equitrans’ FERC Gas Tariff in determing the appropriate action to constructed and placed in service prior on file with and approved by the be taken, but will not serve to make to the end of the Test Period. The Commission. Equitrans projects that it protestants parties to this proceeding. overall return requested in this filing is would deliver through the proposed Any person wishing to become a party 12.25% and reflects a 8.42% cost of debt delivery tap approximately 1 Mcf of must file a motion to intervene. Copies and a 14.50% return on common equity. natural gas on a peak day. of this filing are on file with the Any person desiring to be heard or to Any person or the Commission’s staff Commission and available for public protest said filing should file a motion may, within 45 days after issuance of inspection in the Public Reference to intervene or protest with the Federal the instant notice by the Commission, Room. Energy Regulatory Commission, 888 file pursuant to Rule 214 of the Lois D. Cashell, First Street, NE, Washington, DC, 20426, Commission’s Procedural Rules (18 CFR Secretary. in accordance with Sections 385.211 385.214) a motion to intervene or notice [FR Doc. 96–27230 Filed 10–23–96; 8:45 am] and 385.214 of the Commission’s Rules of intervention and pursuant to Section BILLING CODE 6717±01±M and Regulations. All such motions or 157.205 of the Regulations under the protests must be filed as provided in Natural Gas Act (18 CFR 157.205) a Section 154.210 of the Commission’s protest to the request. If no protest is [Docket No. RP97±32±000] Regulations. Protests will be considered filed within the time allowed therefor, Eastern Shore Natural Gas Company; by the Commission in determining the the proposed activity shall be deemed to Notice of Proposed Changes in FERC appropriate action to be taken, but will be authorized effective the day after the Gas Tariff not serve to make protestants parties to time allowed for filing a protest. If a the proceeding. Any person wishing to protest is filed and not withdrawn October 18, 1996. become a party must file a motion to within 30 days after the time allowed Take notice that on October 15, 1996, intervene. Copies of this filing are on for filing a protest, the instant request Eastern Shore Natural Gas Company file with the Commission and are shall be treated as an application for Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55141 authorization pursuant to Section 7 of protest, the instant request shall be [Docket No. RP96±366±000] the Natural Gas Act. treated as an application for Florida Gas Transmission Company; Lois D. Cashell, authorization pursuant to Section 7 of Notice of Technical Conference Secretary. the Natural Gas Act. [FR Doc. 96–27217 Filed 10–23–96; 8:45 am] Lois D. Cashell. October 18, 1996. BILLING CODE 6717±01±M Secretary. In the Commission’s order issued [FR Doc. 96–27216 Filed 10–23–96; 8:45 am] September 30, 1996, the Commission BILLING CODE 6717±01±M held that the filing in the above [Docket No. CP97±31±000] captioned proceeding raises issues that Equitrans, L.P.; Notice of Request should be addressed in a technical Under Blanket Authorization [Docket No. CP97±35±000] conference. Take notice that the technical October 18, 1996. Equitrans, L.P.; Notice of Request conference will be held on Tuesday, Take notice that on October 15, 1996, Under Blanket Authorization October 29, 1996, at 9:00 a.m., in a room Equitrans, L. P. (Applicant), 3500 Park October 18, 1996. to be designated at the offices of the Lane, Pittsburgh, Pa. 15275–1102, filed Take notice that on October 15, 1996, Federal Energy Regulatory Commission, in Docket No. CP97–31–000 a request Equitrans, L.P. (Equitrans), 3500 Park 888 First Street, NE., Washington, DC pursuant to Sections 157.205, and Lane, Pittsburgh, PA 15275, filed a 20426. All interested parties and Staff 157.212 of the Commission’s request with the Commission in Docket are permitted to attend. Regulations under the Natural Gas Act No. CP97–35–000 pursuant to Sections Lois D. Cashell, (18 CFR 157.205 and 157.212) for 157.205, and 157.212 of the Secretary. approval and permission to install and Commission’s Regulations under the [FR Doc. 96–27225 Filed 10–23–96; 8:45 am] operate a delivery tap in Harrison Natural Gas Act (NGA) for authorization BILLING CODE 6717±01±M County, West Virginia, under the to install a delivery tap authorized in blanket certificate issued in Docket No. blanket certificate issued in Docket No. CP86–676–000, pursuant to Section 7(c) [Docket Nos. RP96±341±001 and CP94±327± CP83–508–000 and transferred to of the Natural Gas Act (NGA), all as 003] Equitrans in Docket No. CP86–676–000, more fully set forth in the request which all as more fully set forth in the request is on file with the Commission and open Koch Gateway Pipeline Company; on file with the Commission and open to public inspection. Notice of Compliance Filing to public inspection. Applicant states that it proposes to October 18, 1996. install a delivery tap on its field Equitrans proposes to install one delivery tap on Equitrans’ field Take notice that on October 15, 1996, gathering pipeline No. F–900 in Koch Gateway Pipeline Company Harrison County, West Virginia for gathering pipeline No. W–4583 located in Ritchie County, West Virginia. (Koch) tendered for filing as part of its transportation deliveries to Equitable FERC Gas Tariff, Fifth Revised Volume Gas (Equitable) for ultimate distribution Equitrans reports the tap would provide transportation deliveries to Equitable No. 1, the following revised tariff sheets, to one residential customer, Issac to be effective October 1, 1996: Thomas, II, Box 148–H, Bridgeport, Gas for ultimate distribution to a West Virginia. Applicant indicates that residential customer. Equitrans further Fifth Revised Sheet No. 1 the quantity of gas to be delivered reports that the quantity of gas to be Second Revised Sheet No. 701 delivered through the delivery taps Original Sheet No. 713 through the proposed delivery tap will Original Sheet No. 714 be approximately 1 Mcf on a peak day. would be approximately 1 Mcf on a peak day and would not impact Substitute Original Sheet No. 715 Applicant asserts that the total volumes Substitute Original Sheet No. 717 to be delivered to Equitable after this Equitrans’ peak day and annual deliveries to its other customers. Substitute Original Sheet No. 718 request do not exceed the total volumes Substitute Original Sheet No. 719 authorized prior to the request. Any person or the Commission’s staff Substitute Third Revised Sheet No. 1801 Applicant further asserts that it has may, within 45 days after the Substitute Second Revised Sheet No. 1806 sufficient capacity to accomplish the Commission has issued this notice, file Third Revised Sheet No. 1906 deliveries described herein without pursuant to Rule 214 of the Fourth Revised Sheet No. 2700 detriment to its other customers and Commission’s Procedural Rules (18 CFR Koch states that these revised tariff that its tariff does not prohibit this type 385.214) a motion to intervene or notice sheets are filed to comply with the of service. of intervention and pursuant to Section Commission’s ‘‘Order Accepting Tariff Any person or Commission Staff may, 157.205 of the Regulations under the Sheets Subject to Conditions’’ issued within 45 days of the issuance of the NGA (18 CFR 157.205) a protest to the September 27, 1996 in Docket Nos. instant notice by the Commission, file request. If no protest is filed within the RP96–341–000 and CP94–327–002. As pursuant to Rule 214 of the allowed time, the proposed activity directed, Koch states that it revised the Commission’s Rules of Practice and shall be deemed to be authorized tariff sheets pursuant to the Order to Procedure (18 CFR 385.214), a motion to effective the day after the time allowed reflect the changes provided in Koch’s intervene and pursuant to Section for filing a protest. If a protest is filed Answer as well as additional changes 157.205 of the regulations under the and not withdrawn within 30 days after ordered by the Commission. Natural Gas Act (18 CFR 157.205), a the time allowed for filing a protest, the Koch states that a copy of this filing protest to the request. If no protest is instant request shall be treated as an is being served upon all parties on the filed within the time allowed therefor, application for authorization pursuant official service list created by the the proposed activities shall be deemed to Section 7 of the NGA. Secretary in this proceeding. to be authorized effective the day after Lois D. Cashell, Any person desiring to protest said the time allowed for filing a protest. If Secretary. filing should file a protest with the a protest is filed and not withdrawn 30 [FR Doc. 96–27219 Filed 10–23–96; 8:45 am] Federal Energy Regulatory Commission, days after the time allowed for filing a BILLING CODE 6717±01±M 888 First Street NE., Washington, DC 55142 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

20426, in accordance with Section National Fuel states that the filing is to shippers which have executed 385.211 of the Commission’s made in compliance with the precedent agreements in conjunction regulations. All such protests must be Commission’s order of October 1, 1996, with Northern’s Peak Day 2000 open filed as provided in Section 154.210 of in this proceeding. National Fuel states season. Northern states further that the the Commission’s Regulations. Protests that the revised tariff sheets clarify that proposed facilities would provide will be considered by the Commission it may specify a minimum term only in additional peak day capacity on in determining the appropriate action to the case of a posting of capacity made Northern’s Market Area mainline by be taken, but will not serve to make available as a result of the construction approximately 267,161 Mcf of natural protestants parties to the proceedings. or acquisition of new facilities, and that gas per day. Copies of this filing are on file with the its selection of the net present value or It is stated that Northern would Commission and are available for public rate bid method of evaluating bids will construct the facilities in multiple inspection. be based on its assessment of which phases at an estimated cost of method will result in greater revenues Lois D. Cashell, approximately $85.3 million and that for the services associated with the Secretary. Northern proposes a rolled-in rate capacity. [FR Doc. 96–27223 Filed 10–23–96; 8:45 am] treatment of the expansion costs. National states that it is serving copies BILLING CODE 6717±01±M of the filing with its firm customers and Any person desiring to be heard or interested state commissions. National any person desiring to make any protest states that copies are also being served with reference to said application [Docket No. RP96±199±000] on all interruptible customers as of the should on or before November 8, 1996, Mississippi River Transmission date of the filing. file with the Federal Energy Regulatory Corporation; Notice of Informal Any person desiring to protest said Commission, Washington, D.C. 20426, a Settlement Conference filing should file a protest with the motion to intervene or a protest in Federal Energy Regulatory Commission, accordance with the requirements of the October 18, 1996. 888 First Street, N.E., Washington, D.C. Commission’s Rules of Practice and Take notice that an informal 20426, in accordance with Section Procedure (18 CFR 385.214 or 385.211) settlement conference will be convened 385.211 of the Commission’s Rules and and the Regulations under the Natural in this proceeding on October 31, 1996, Regulations. All such protests must be Gas Act (18 CFR 157.10). All protests at 10:00 a.m., at the offices of the filed as provided in Section 154.210 of filed with the Commission will be Federal Energy Regulatory Commission, the Commission’s Regulations. Protests considered by it in determining the 888 First Street NE., Washington, DC, will be considered by the Commission appropriate action to be taken but will for the purposes of exploring the in determining the appropriate action to not serve to make the protestants parties possible settlement of the referenced be taken, but will not serve to make to the proceeding. Any person wishing docket. Protestants parties to the proceeding. to become a party to a proceeding or to Any party, as defined by 18 CFR Copies of this filing are on file with the participate as a party in any hearing 385.102(c) or any participant, as defined Commission and are available for public therein must file a motion to intervene by 18 CFR 385.102(b) is invited to inspection in the Public Reference in accordance with the Commission’s attend. Persons wishing to become a Room. Rules. party must move to intervene and Lois D. Cashell, Take further notice that, pursuant to receive intervenor status pursuant to the Secretary. the authority contained in and subject to Commission’s regulations (18 CFR [FR Doc. 96–27214 Filed 10–23–96; 8:45 am] the jurisdiction conferred upon the 385.214). BILLING CODE 6717±01±M Federal Energy Regulatory Commission For additional information, contact by Sections 7 and 15 of the Natural Gas Kathleen M. Dias at (202) 208–0524 or Act and the Commission’s Rules of [Docket No. CP97±25±000] Russell B. Mamone at (202) 208–0744. Practice and Procedure, a hearing will Lois D. Cashell, Northern Natural Gas Company; Notice be held without further notice before the Secretary. of Application Commission or its designee on this [FR Doc. 96–27221 Filed 10–23–96; 8:45 am] application if no motion to intervene is BILLING CODE 6717±01±M October 18, 1996. filed within the time required herein, if Take notice that on October 11, 1996, the Commission on its own review of Northern Natural Gas Company the matter finds that a grant of the [Docket No. RP96±29±003] (Northern), 1111 South 103rd Street, certificate is required by the public Omaha, Nebraska 68124–1000, filed in convenience and necessity. If a motion National Fuel Gas Supply Corporation; Docket No. CP97–25–000 an application for leave to intervene is timely filed, or Notice of Proposed Changes in FERC pursuant to Section 7(c) of the Natural if the Commission on its own motion Gas Tariff Gas Act for authorization to construct believes that a formal hearing is and operate certain compression, required, further notice of such hearing October 18, 1996. pipeline, and measuring station will be duly given. Take notice that on October 16, 1996, facilities and appurtenances in order to National Fuel Gas Supply Corporation Under the procedure herein provided expand the capacity of Northern’s for, unless otherwise advised, it will be (National Fuel) tendered for filing as facilities in its Market Area, all as more part of its FERC Gas Tariff, Third unnecessary for Northern to appear or fully set forth in the application which be represented at the hearing. Revised Volume No. 1, the following is on file with the Commission and open tariff sheets, to be effective October 1, to public inspection. Lois D. Cashell, 1996: Northern states that the expanded Secretary. First Revised Sheet No. 237.13 capacity would be used to provide [FR Doc. 96–27215 Filed 10–23–96; 8:45 am] First Revised Sheet No. 237.14 incremental firm transportation service BILLING CODE 6717±01±M Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55143

[Docket No. ES97±2±000] sheet to reflect the rates approved in on file with the Commission and are Docket No. CP95–285–002. Accordingly, available for public inspection. Pacific Northwest Generating Paiute states that the tendered tariff Cooperative; Notice of Application Lois D. Cashell, sheet reflects both the rates approved in Secretary. Docket No. CP95–285–002 and the October 18, 1996. [FR Doc. 96–27232 Filed 10–23–96; 8:45 am] Take notice that on October 16, 1996, revised ACA surcharge effective October BILLING CODE 6717±01±M Pacific Northwest Generating 1, 1996. Cooperative (PNGC) filed an Any person desiring to protest this application, under § 204 of the Federal filing should file a protest with the Power Act, seeking authorization to Federal Energy Regulatory Commission, [Docket No. RP95±271±005] issue a promissory note in an aggregate 888 First Street, NE., Washington, DC principal amount of $7.5 million with 20426, in accordance with 385.211 of Transwestern Pipeline Company; the National Rural Utilities Cooperative the Commission’s Rules and Notice of Proposed Changes in FERC Finance Corporation, having a maturity Regulations. All such protests must be Gas Tariff filed as provided in Section 154.210 of of four years. PNGC also requests an October 18, 1996. exemption from the Commission’s the Commission’s Regulations. Protests competitive bidding or negotiated will be considered by the Commission Take notice that on October 11, 1996 placement requirements. in determining the appropriate action to Transwestern Pipeline Company Any person desiring to be heard or to be taken, but will not serve to make (Transwestern) tendered for filing as protest said filing should file a motion protestants parties to the proceeding. part of its FERC Gas Tariff, Second to intervene or protest with the Federal Copies of this filing are on file with the Revised Volume No. 1, the following Energy Regulatory Commission, 888 Commission and are available for public tariff sheets, with a proposed effective First Street, N.E., Washington, D.C. inspection in the Public Reference date of November 1, 1996: 20426 in accordance with Rules 211 and Room. 1st Revised Sheet No. 5B.02 214 of the Commission’s Rules of Lois D. Cashell, Practice and Procedure (18 CFR 385.211 Secretary. Transwestern states that the purpose and 385.214). All such motions or [FR Doc. 96–27231 Filed 10–23–96; 8:45 am] of this filing is to revise the Shared Cost protests should be filed on or before BILLING CODE 6717±01±M Surcharge rate for certain Current October 30, 1996. Protests will be Customers as stated in footnote number considered by the Commission in 10 on Original Sheet 5B.02. This change [Docket No. TM97±1±55±001] determining the appropriate action to be is based on a one-time election by taken, but will not serve to make Questar Pipeline Company; Notice of Pacific Gas and Electric Company protestants parties to the proceeding. Proposed Changes in FERC Gas Tariff (PG&E) and Santa Fe Resources Inc., Any person wishing to become a party (Santa Fe) to have their Shared Cost must file a motion to intervene. Copies October 18, 1996. Surcharge calculated in accordance with of this filing are on file with the Take notice that on October 11, 1996, Option 2 of Section II(B) of the Commission and are available for public Questar Pipeline Company (Questar) Settlement. The election by these two inspection. tendered for filing as part of its FERC Current Customers, because of the terms Lois D. Cashell, Gas Tariff, First Revised Volume No. 1, of Section II(B), will also change the Secretary. Sixth Revised Sheet No. 5A, to be Shared Cost Surcharge rate for Southern [FR Doc. 96–27234 Filed 10–23–96; 8:45 am] effective October 1, 1996. California Gas Company (SoCalGas). BILLING CODE 6717±01±M Questar states that this tariff sheet, which is filed as directed by the Transwestern states that copies of the Commission in its September 27, 1996, filing were served on its gas utility [Docket No. TM97±1±41±001] order in TM97–1–1–000, et al., corrects customers, interested state the pagination of Sheet No. 5A, which commissions, and all parties to this Paiute Pipeline Company; Notice of proceeding. Compliance Filing was tendered with Questar’s August 30, 1996, filing in Docket No. TM97–1–55– Any person desiring to protest said October 18, 1996. 000. filing should file a protest with the Take notice that on October 15, 1996, Questar states that copies of this filing Federal Energy Regulatory Commission, Paiute Pipeline Company (Paiute) were served upon Questar’s customers, 888 First Street, N.E., Washington, D.C., tendered for filing to be a part of its the Public Service Commission of Utah 20426, in accordance with Rule 211 of FERC Gas Tariff, Second Revised and the Wyoming Public Service the Commission’s Rules of Practice and Volume No. 1–A, Fourth Revised Sheet Commission. Procedure. All such protests must be No. 10. Paiute requests that the tendered Any person desiring to protest said filed as provided in Section 154.210 of tariff sheet be accepted for filing to filing should file a protest with the the Commission’s Regulations. Protests become effective October 1, 1996. Federal Energy Regulatory Commission, will be considered by the Commission Paiute indicates that the purpose of its 888 First Street, N.E., Washington, D.C. in determining the appropriate action to filing is to comply with the order issued 20426, in accordance with Rule 385.211 be taken, but will not serve to make September 27, 1996, by the Director of of the Commission’s Rules of Practice protestants parties to the proceeding. the Commission’s Office of Pipeline and Procedure (18 CFR 385.211). All Copies of this filing are on file with the Regulation (Director) in Docket No. such protests must be filed as provided Commission and are available for public TM97–1–41–000, by which the Director in Section 154.210 of the Commission’s inspection. accepted a tariff sheet filed by Paiute to Regulations. Protests will be considered revise its Annual Charge Adjustment by the Commission in determining the Lois D. Cashell, (ACA) surcharge. Paiute states that the appropriate action to be taken, but will Secretary. Director’s acceptance was conditioned not serve to make protestants parties to [FR Doc. 96–27220 Filed 10–23–96; 8:45 am] upon Paiute’s filing to revise its tariff the proceeding. Copies of this filing are BILLING CODE 6717±01±M 55144 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

[Docket Nos. RP96±400±001 and RP89±183± [Docket No. ER91±195±025, et al.] Comment date: October 30, 1996, in 065] accordance with Standard Paragraph E Western Systems Power Pool, et al. at the end of this notice. Williams Natural Gas Company; Notice Electric Rate and Corporate Regulation of Proposed Changes in FERC Gas Filings 5. Louisville Gas and Electric Company Tariff October 17, 1996. [Docket No. ER96–3053–000] October 18, 1996. Take notice that the following filings Take notice that on October 7, 1996, Take notice that on October 15, 1996, have been made with the Commission: Louisville Gas and Electric Company Williams Natural Gas Company (WNG), (LG&E) tendered for filing corrected 1. Western Systems Power Pool service agreement between Louisville tendered for filing to become part of its [Docket No. ER91–195–025] Gas and Electric Company and the FERC Gas Tariff, Second Revised Electric Clearinghouse, Inc. to replace Volume No. 1, Substitute Second Take notice that on September 30, 1996, the Western Systems Power Pool those originally filed in the above-cited Revised Sheet Nos. 8C and 8D, with the docket. proposed effective date of November 1, (WSPP) filed certain information to 1996. update its January 30, 1996, quarterly Comment date: October 31, 1996, in filing. This data is required by Ordering accordance with Standard Paragraph E WNG states that on September 30, Paragraph (D) of the Commission’s June at the end of this notice. 1996, it filed, pursuant to Article 14 of 27, 1991 Order (55 FERC ¶ 61,495) and 6. Commonwealth Edison Company the General Terms and Conditions of its Ordering Paragraph (C) of the FERC Gas Tariff, Second Revised Commission’s June 1, 1992 Order On [Docket No. ER97–84–000] Volume No. 1, its fourth quarter report Rehearing Denying Request Not To Take notice that on October 8, 1996, of take-or-pay buyout, buydown and Submit Information, and Granting In Commonwealth Edison Company contract reformation costs and gas Part and Denying In Part Privileged (ComEd), submitted for filing five supply related transition costs, and the Treatment. Pursuant to 18 CFR 385.211, Service Agreements, establishing application or distribution of those costs WSPP has requested privileged Allegheny Power System (APS), and refunds. The computer file used to treatment of some of the information Williams Energy Services Company calculate the allocation of costs among filed consistent with the June 1, 1992 (WESCO), Wisconsin Electric Power order. Copies of WSPP’s informational firm Shippers contained an incorrect company (WEPCO), VTEC Energy Inc. filing are on file with the Commission, MDTQ for Missouri Gas Energy (MGE). (VTEC), and South Carolina Electric & and the non-privileged portions are WNG states that revised Schedule 4 is Gas Company (SCE&G) as customers available for public inspection. being filed to reflect the revised MDTQ under the terms of ComEd’s Power Sales for MGE and the revised allocation to 2. New England Power Company and Reassignment of Transmission Rights Tariff PSRT–1 (PSRT–1 Tariff). each Shipper. All other aspects of [Docket No. ER96–2009–001] WNG’s September 30 filing are The Commission has previously unchanged. Take notice that on October 4, 1996, designated the PSRT–1 Tariff as FERC New England Power Company (NEP) Electric Tariff, Original Volume No. 2. WNG states that a copy of its filing filed a refund compliance report ComEd requests an effective date of was served on all of WNG’s associated with refund obligations September 8, 1996, and accordingly jurisdictional customers and interested resulting from late filing of service seeks waiver of the Commission’s state commissions. agreements under NEP’s Tariff No. 5. requirements. Copies of this filing were Any person desiring to protest this Comment date: October 30, 1996, in served upon APS, WESCO, WEPCO, filing should file a protest with the accordance with Standard Paragraph E VTEC, SCE&G and the Illinois Federal Energy Regulatory Commission, at the end of this notice. Commerce Commission. 888 First Street, N.E., Washington, D.C. 3. CMS Electric Marketing Company 20426, in accordance with Section Comment date: October 31, 1996, in accordance with Standard Paragraph E 385.211 of the Commission’s Rules and [Docket No. ER96–2350–000] at the end of this notice. Regulations. All such protests must be Take notice that on September 23, filed as provided in Section 154.210 of 1996, CMS Electric Marketing Company 7. Illinois Power Company the Commission’s Regulations. Protests tendered for filing a Statement of [Docket No. ER97–85–000] will be considered by the Commission Corporate Policy and Code of Conduct in determining the appropriate action to with respect to the relationship between Take notice that on October 9, 1996, be taken, but will not serve to make CMS Electric Marketing Company and Illinois Power Company (Illinois protestants parties to the proceedings. Affiliates as directed by ordering Power), 500 South 27th Street, Decatur, Copies of this filing are on file with the paragraph A of the Commission’s Illinois 62526, tendered for filing a Commission and are available for public September 6, 1996 order in this docket. Power Sales Tariff, Service Agreement inspection in the Public Reference Comment date: October 31, 1996, in under which PECO Energy Company Room. accordance with Standard Paragraph E will take service under Illinois Power at the end of this notice. company’s Power Sales Tariff. The Lois D. Cashell, agreements are based on the Form of Secretary. 4. Cinergy Companies Service Agreement in Illinois Power’s [FR Doc. 96–27226 Filed 10–23–96; 8:45 am] [Docket Nos. ER96–2504–000 and ER96– tariff. BILLING CODE 6717±01±M 2506–000] Illinois Power has requested an Take notice that on September 20, effective date of October 6, 1996. 1996, Cinergy Companies tendered for Comment date: October 31, 1996, in filing an amendment in the above- accordance with Standard Paragraph E referenced dockets. at the end of this notice. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55145

8. Illinois Power Company FERC Original Volume No. 11. WPSC 15. Louisville Gas and Electric [Docket No. ER97–86–000] also filed a refund compliance report. Company Take notice that on October 9, 1996, Comment date: October 31, 1996, in [Docket No. ER97–93–000] Illinois Power Company (Illinois accordance with Standard Paragraph E at the end of this notice. Take notice that on October 9, 1996, Power), 500 South 27th Street, Decatur, Louisville Gas and Electric Company, Illinois 62526, tendered for filing a 12. Wisconsin Public Service tendered for filing copies of a service Power Sales Tariff, Service Agreement Corporation agreement between Louisville Gas and under which AIG Trading Corporation [Docket No. ER97–90–000] Electric Company and PanEnergy Power will take service under Illinois Power Services under Rate GSS. Take notice that on October 9, 1996, Company’s Power Sales Tariff. The Comment date: October 31, 1996, in Wisconsin Public Service Corporation agreements are based on the Form of accordance with Standard Paragraph E (WPSC), tendered for filing an executed Service Agreement in Illinois Power’s at the end of this notice. tariff. Transmission Service Agreement Illinois Power has requested an between WPSC and National Gas & 16. Louisville Gas and Electric effective date of October 3, 1996. Electric L.P. The Agreement provides Company Comment date: October 31, 1996, in for transmission service under the Open [Docket No. ER97–94–000] accordance with Standard Paragraph E Access Transmission Service Tariff, at the end of this notice. FERC Original Volume No. 11. WPSC Take notice that on October 9, 1996, also filed a refund compliance report. Louisville Gas and Electric Company, 9. Illinois Power Company Comment date: October 31, 1996, in tendered for filing copies of service [Docket No. ER97–87–000] accordance with Standard Paragraph E agreements between Louisville Gas and Take notice that on October 9, 1996, at the end of this notice. Electric Company and Koch Power Illinois Power Company (Illinois Services under Rate GSS. 13. Wisconsin Public Service Power), 500 South 27th Street, Decatur, Comment date: October 31, 1996, in Corporation Illinois 62526, tendered for filing firm accordance with Standard Paragraph E and non-firm transmission agreements [Docket No. ER97–91–000] at the end of this notice. under which Morgan Stanley Capital Take notice that on October 9, 1996, 17. Portland General Electric Company Group, Inc. will take transmission Wisconsin Public Service Corporation [Docket No. ER97–95–000] service pursuant to its open access (WPSC), tendered for filing an executed transmission tariff. The agreements are Transmission Service Agreement Take notice that on October 9, 1996, based on the Form of Service Agreement between WPSC and Wisconsin Power & Portland General Electric Company in Illinois Power’s tariff. Light Company. The Agreement (PGE), tendered for filing under FERC Illinois Power has requested an provides for transmission service under Electric Tariff, First Revised Volume No. effective date of October 1, 1996. the Open Access Transmission Service 2, an executed Service Agreement with Comment date: October 31, 1996, in Tariff, FERC Original Volume No. 11. Benton County Public Utility District. accordance with Standard Paragraph E WPSC also filed a refund compliance Pursuant to 18 CFR 35.11 and the at the end of this notice. report. Commission’s order issued July 30, 1993 10. Illinois Power Company Comment date: October 31, 1996, in (Docket No. PL93–2–002), PGE respectfully requests the Commission [Docket No. ER97–88–000] accordance with Standard Paragraph E at the end of this notice. grant a waiver of the notice Take notice that on October 9, 1996, requirements of 18 CFR 35.3 to allow Illinois Power Company (Illinois 14. Virginia Electric and Power the executed Service Agreement to Power), 500 South 27th Street, Decatur, Company become effective October 1, 1996. Illinois 62526, tendered for filing [Docket No. ER97–92–000] A copy of this filing was caused to be transmission agreements under which Take notice that on October 9, 1996, served upon Benton County PUD as American Steel Foundries will take noted in the filing letter. transmission service pursuant to its Virginia Electric and Power Company Comment date: October 31, 1996, in open access transmission tariff. The (Virginia Power), tendered for filing a accordance with Standard Paragraph E agreements are based on the Form of Service Agreement for Non-Firm Point- at the end of this notice. Service Agreement in Illinois Power’s to-Point Transmission Service between tariff. Morgan Stanley Capital Group, Inc. and 18. Portland General Electric Company Illinois Power has requested an Virginia Power under the Open Access [Docket No. ER97–96–000] effective date of September 30, 1996. Transmission Tariff to Eligible Comment date: October 31, 1996, in Purchasers dated July 9, 1996. Under Take notice that on October 9, 1996, accordance with Standard Paragraph E the tendered Service Agreement Portland General Electric Company at the end of this notice. Virginia Power will provide non-firm (PGE), tendered for filing under FERC point-to-point service to Morgan Stanley Electric Tariff, First Revised Volume No. 11. Wisconsin Public Service Capital Group, Inc. as agreed to by the 2, an executed Service Agreement with Corporation parties under the rates, terms and Tacoma Public Utilities Light Division [Docket No. ER97–89–000] conditions of the Open Access (Tacoma). Take notice that on October 9, 1996, Transmission tariff. Pursuant to 18 CFR 35.11 and the Wisconsin Public Service Corporation Copies of the filing were served upon Commission’s order issued July 30, 1993 (WPSC), tendered for filing an executed the Virginia State Corporation (Docket No. PL93–2–002), PGE Transmission Service Agreement Commission and the North Carolina respectfully requests the Commission between WPSC and Western Power Utilities Commission. grant a waiver of the notice Services, Inc. The Agreement provides Comment date: October 31, 1996, in requirements of 18 CFR 35.3 to allow for transmission service under the Open accordance with Standard Paragraph E the executed Service Agreement to Access Transmission Service Tariff, at the end of this notice. become effective October 1, 1996. 55146 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

A copy of this filing was caused to be served upon Coral and the Illinois 888 First Street, N.E., Washington, D.C. served upon Tacoma as noted in the Commerce Commission. 20426, in accordance with Rules 211 filing letter. Comment date: October 31, 1996, in and 214 of the Commission’s Rules of Comment date: October 31, 1996, in accordance with Standard Paragraph E Practice and Procedure (18 CFR 385.211 accordance with Standard Paragraph E at the end of this notice. and 18 CFR 385.214). All such motions at the end of this notice. or protests should be filed on or before 22. Florida Power & Light Company the comment date. Protests will be 19. Portland General Electric Company [Docket No. ER97–102–000] considered by the Commission in [Docket No. ER97–97–000] Take notice that on October 10, 1996, determining the appropriate action to be Take notice that on October 9, 1996, Florida Power & Light Company (FPL), taken, but will not serve to make Portland General Electric Company filed the Contract for Purchases and protestants parties to the proceeding. (PGE), tendered for filing under PGE’s Sales of Power and Energy between FPL Any person wishing to become a party Final Rule pro forma tariff (FERC and Southern Energy Marketing must file a motion to intervene. Copies Electric Tariff Original Volume No. 8, Corporation, Inc. FPL requests an of this filing are on file with the Docket No. OA96–137–000), executed effective date of October 14, 1996. Commission and are available for public Service Agreements for Non-Firm Point- Comment date: October 31, 1996, in inspection. to-Point Transmission Service and Firm accordance with Standard Paragraph E Lois D. Cashell, Point-to-Point Transmission Service at the end of this notice. Secretary. with Citizens Lehman Power Sales. 23. Washington Water Power [FR Doc. 96–27237 Filed 10–23–96; 8:45 am] Pursuant to 18 CFR 35.11 and the BILLING CODE 6717±01±P Commission’s order issued July 30, 1993 [Docket No. ER97–103–000] (Docket No. PL93–2–002), PGE Take notice that on October 10, 1996, respectfully requests the Commission Washington Water Power, tendered for [Project No. 11565±000] grant a waiver of the notice filing with the Federal Energy requirements of 18 CFR 35.3 to allow Regulatory Commission pursuant to 18 Thermalito Power Corporation; Notice the Service Agreements to become CFR 35.13, executed service agreements of Intent To Conduct Environmental effective October 1, 1996. under FERC Electric Tariff Volume No. Scoping Meetings and Site Visit A copy of this filing was caused to be 4 with VTEC Energy, Inc., Okanogan October 18, 1996. served upon Citizens Lehman Power County Public Utility District and The Federal Energy Regulatory Sales as noted in the filing letter. Flathead Electric Cooperative, Inc. Commission (FERC) has received an Comment date: October 31, 1996, in Comment date: October 31, 1996, in application for a license to construct accordance with Standard Paragraph E accordance with Standard Paragraph E and operate the Therm II Hydroelectric at the end of this notice. at the end of this notice. Project No. 11565–000. The project 20. Northeast Utilities Service Company 24. Cinergy Services, Inc. would be located on the Feather River outlet, of the Thermalito afterbay near [Docket No. ER97–100–000] [Docket No. ER97–104–000] the town of Oroville, in Butte County, Take notice that on October 4, 1996, Take notice that on October 10, 1996, California. Northeast Utilities Service Company Cinergy Services, Inc. (Cinergy), The FERC staff intends to prepare an (NUSCO), tendered for filing a tendered for filing on behalf of its Environmental Assessment (EA) for this Certificate of Concurrence of The United operating companies, The Cincinnati hydroelectric project in accordance with Illuminating Company’s Wholesale Gas & Electric Company (CG&E) and PSI the National Environmental Policy Act. Electric Sales Tariff FERC Rate Schedule Energy, Inc. (PSI), an Interchange In the EA, we will consider both site- No. 2. Agreement, dated October 1, 1996 specific and cumulative environmental NUSCO requests that the Certificate of between Cinergy, CG&E, PSI and Sonat effects of the project and reasonable Concurrence is allowed to become Power Marketing, L.P. (Sonat). alternatives, and will include economic effective on July 1, 1996. NUSCO states The Interchange Agreement provides and engineering analyses. that copies of this filing have been for the following service between The draft EA will be issued and mailed or delivered to The United Cinergy and Sonat: circulated for review by all interested Illuminating Company. 1. Exhibit A—Power Sales to Sonat parties. All comments filed on the draft Comment date: October 31, 1996, in 2. Exhibit B—Power Sales by Cinergy EA will be analyzed by the staff and accordance with Standard Paragraph E Cinergy and Sonat have requested an considered in a final EA. The staff’s at the end of this notice. effective date of October 14, 1996. conclusions and recommendations will 21. Central Illinois Public Service Copies of the filing were served on then be presented for consideration by Company Sonat Power Marketing, L.P., the the Commission in reaching its final Alabama Public Service Commission, licensing decision. [Docket No. ER97–101–000] the Kentucky Public Service Scoping Meetings Take notice that on October 9, 1996, Commission, the Public Utilities Central Illinois Public Service Company Commission of Ohio and the Indiana Staff will hold two scoping meetings. (CIPS), submitted for filing a service Utility Regulatory Commission. A scoping meeting oriented toward the agreement, dated October 3, 1996, Comment date: October 31, 1996, in agencies will be held on Wednesday, establishing Coral Power, L.L.C. (Coral) accordance with Standard Paragraph E November 13, 1996, at 9:00 AM, at as a customer under the terms of CIPS’ at the end of this notice. Memorial Hall, 249 Sycamore Street, Open Access Transmission Tariff. Gridley, California. A scoping meeting CIPS requests an effective date of Standard Paragraph oriented toward the public will be held October 3, 1996 for the service E. Any person desiring to be heard or the same day at 6:30 PM, at the same agreement. Accordingly, CIPS requests to protest said filing should file a location. waiver of the Commission’s notice motion to intervene or protest with the Interested individuals, organizations, requirements. Copies of this filing were Federal Energy Regulatory Commission, and agencies are invited to attend either Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55147 or both meetings and assist the staff in person whose name appears on the For example, the first stranded cost identifying the scope of environmental official service list. Further, if a party declaratory order petition made this issues that should be analyzed in the files comments or documents with the fiscal year will be assigned SC97–1–000, EA. Commission relating to the merits of an the second will be SC97–2–000, etc. To help focus discussions at the issue that may affect the responsibilities The establishment of the new docket meetings, a scoping document outlining of a particular resource agency, they will apply only to stranded cost subject areas to be addressed in the EA must also serve a copy of the document determinations sought in declaratory will be mailed to agencies and on that resource agency. order proceedings. If stranded cost interested individuals on the FERC determinations are sought in Section Site Visit mailing list. Copies of the scoping 205 rate filings or in Section 206 document will also be available at the A site visit to the Therm II complaints to amend existing contracts, scoping meetings. Hydroelectric Project is planned for they will be given their normal ER and Tuesday, November 12, 1996. Those Objectives EL docket designations. who wish to attend should plan to meet Lois D. Cashell, At the scoping meetings, the FERC at 9:00 AM at the Joint Water District, Secretary. staff will: (1) Identify preliminary 735 Virginia Street, Gridley, California. [FR Doc. 96–27213 Filed 10–23–96; 8:45 am] environmental issues related to the For more details, contact Mr. Stan proposed project; (2) identify Malinky, Thermalito Power BILLING CODE 6717±01±M preliminary resource issues that are not Corporation, at (916) 372–0534. important and do not require detailed Any questions regarding this notice analysis; (3) identify reasonable may be directed to Gaylord W. ENVIRONMENTAL PROTECTION alternatives to the proposal; (4) solicit Hoisington, FERC Environmental AGENCY from meeting participants all available Coordination, at (202) 210–2756. [FRL±5639±8] information, especially quantified data, Lois D. Cashell, on the resource issues; and (5) Secretary. Agency Information Collection encourage statements from experts and [FR Doc. 96–27218 Filed 10–23–96; 8:45 am] Activities: Proposed Collection; the public on issues that should be Comment Request; Invitation for Bids BILLING CODE 6717±01±M analyzed in the EA, including points of and Request for Proposals view in opposition to, or in support of, ACTION: Notice. the staff’s preliminary views. Notice of New Docket Prefix Procedures SUMMARY: In compliance with the October 18, 1996. Paperwork Reduction Act (44 U.S.C. The scoping meetings will be Notice is hereby given that a new 3501 et seq.), this notice announces that recorded by a court reporter and all docket prefix has been established for EPA is planning to submit the following statements, both oral and written, will petitions for declaratory order continuing Information Collection become part of the formal record of the requesting a Commission determination Request (ICR) to the Office of Commission proceedings on the Therm on stranded costs. Management and Budget (OMB): II Project. Individuals presenting Under the stranded cost procedures Invitation for Bids and Request for statements at the meetings will be asked set forth in Order No. 888, Promoting Proposals, EPA ICR No. 1038.09; OMB to clearly identify themselves for the Wholesale Competition Through Open Control No. 2030–0007; expiration date record. Access Nondiscriminatory Transmission 3/31/97. Before submitting the ICR to Individuals, organizations, and Services by Public Utilities, and OMB for review and approval, EPA is agencies with environmental expertise Recovery of Stranded Costs by Public soliciting comments on specific aspects and concerns are encouraged to attend Utilities and Transmitting Utilities, 61 of the proposed information collection the meetings and assist the staff in FR 21540 (May 10, 1996), FERC Stats. & as described below. defining and clarifying the issues to be Regs. ¶ 31,036 at 31,844 (1996), reh’g DATES: Comments must be submitted on addressed in the EA. pending, a customer may file a petition or before December 23, 1996. Persons choosing not to speak at the for declaratory order: meetings, but who have views on the ADDRESSES: Environmental Protection to seek a Commission determination as to Agency, Office of Acquisition issues or information relevant to the whether: (i) the utility has met the reasonable issues, may submit written statements expectation standard; (ii) the proposed Management (3802F), 401 M Street. for inclusion in the public record at the stranded cost charge satisfies the other S.W., Washington D.C. 20460, meetings. In addition, written scoping evidentiary standards set forth in this Rule; Attention: Edward N. Chambers. comments (an original and eight copies) (iii) the amount of released capacity and the FOR FURTHER INFORMATION CONTACT: may be filed with Secretary, Federal amount of associated energy proposed by the Edward N. Chambers. (202) 260–6028/ Energy Regulatory Commission, 888 1st utility is reasonable; or (iv) the utility’s FAX: (202) 260–1203/CHAMBERS. Street, N.E., Washington, D.C. 20426, proposal for any contract amendment needed EDWARD@[email protected] until December 16, 1996. to implement the customer’s payment of All written correspondence should stranded costs is reasonable. SUPPLEMENTARY INFORMATION: clearly show the following caption on In order to properly docket and Affected entities: Entities potentially the first page: Therm II Hydroelectric manage this type of case and assess affected by this action are EPA Project, FERC Project No. 11565–000. Commission resources applicable to this contractors. Intervenors—those on the type of work, it is necessary to establish Title: Invitation for Bids and Request Commission’s service list for this a new docket preflex for stranded cost for Proposals (OMB Control No. 2030– proceeding (parties)—are reminded of declaratory order petitions. The new 0007; EPA ICR No. 1038.09) expiring 3/ the Commission’s Rules of Practice and docket prefix will be SCFY–NN–NNN, 31/97. Procedure, requiring parties filing where the FY stands for the fiscal year Abstract: Firms which are interested documents with the Commission, to in which the filing was made and the in providing supplies or services to EPA serve a copy of the document on each NN and NNN are sequential numbers. will furnish information on previous 55148 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices contracts performed, technical maintaining information, and disclosing December 2–3, 1996 from 8:00 a.m. to information, and cost or pricing and providing information; to adjust the 5:00 p.m. information or data. They will submit existing ways to comply with any ADDRESSES: Resolve, Inc. (an EPA this information when the Agency previously applicable instructions and contractor) will provide logistical announces a need for supplies or requirements; to train personnel to be support for the stakeholders meeting. services which they are capable of able to respond to a collection of The meeting will be held in the greater providing. EPA will use this information; to search data sources; to Washington, D.C. area. Meeting information to determine which firm’s complete and review the collection of registrants will be provided information offer is most suited to the Agency’s information; and to transmit or on the location prior to the meeting. For requirements. An agency may not otherwise disclose the information. additional information, please contact conduct or sponsor, and a person is not Dated: October 16, 1996. Ms. Lee Langstaff, at Resolve, Inc., at required to respond to, a collection of Edward J. Murphy, phone: (202) 965–6210 or fax: (202) information unless it displays a Chief, Procurement Policy Branch. 338–1264. currently valid OMB control number. Members of the public wishing to The OMB control numbers for EPA’s [FR Doc. 96–27308 Filed 10–23–96; 8:45 am] attend the meeting may register by regulations are listed in 40 CFR Part 9 BILLING CODE 6560±50±P phone by contacting Ms. Langstaff by and 48 CFR Chapter 15. November 15, 1996. Those registered for The EPA would like to solicit the meeting will receive background comments to: [FRL±5639±7] materials prior to the meeting. (i) Evaluate whether the proposed FOR FURTHER INFORMATION CONTACT: For collection of information is necessary EPA's Drinking Water Contaminant general information about the meeting for the proper performance of the Identification Method logistics, please contact Ms. Lee functions of the Agency, including AGENCY: Environmental Protection Langstaff at Resolve, Inc., 2828 whether the information will have Agency (EPA). Pennsylvania Avenue (Suite 402), N.W., practical utility; (ii) Evaluate the accuracy of the ACTION: Announcement of a stakeholder Washington, D.C. 20007; (phone: 202– Agency’s estimate of the burden of the meeting on the drinking water 965–6210); (fax: 202–338–1264). proposed collection of information, contaminant identification method. For other information on the Drinking including the validity of the Water Contaminant Identification SUMMARY: The U.S. Environmental methodology and assumptions used; Method, please contact Ms. Evelyn (iii) Enhance the quality, utility, and Protection Agency (EPA) has scheduled Washington, at the U.S. Environmental clarity of the information to be a two-day public meeting on EPA’s Protection Agency, Phone: 202–260– collected; and development of a Drinking Water 3029, Fax: 202–260–3762. Contaminant Identification Method. The (iv) Minimize the burden of the SUPPLEMENTARY INFORMATION: collection of information on those who purpose of this meeting is to have a are to respond, including through the dialogue with stakeholders and the A. Background on the Drinking Water use of appropriate automated electronic, public at large on the process for Contaminant Identification Method mechanical, or other technological developing a sound and defensible The Safe Drinking Water Act (SDWA) collection techniques or other forms of method to identify contaminants for amendments of 1986 required the U.S. information technology, e.g., permitting drinking water regulations, health Environmental Protection Agency (EPA) electronic submission of responses. advisories, toxicity research, and to publish a triennial list of Burden Statement: The total annual monitoring. The upcoming meeting is a contaminants (‘‘Drinking Water Priority burden for all respondents is estimated continuation of a series of meetings with List’’ or DWPL) which may require at 399,342 hours. The invitation for bids stakeholders that started in 1995 to regulation under the Act. In response to (IFB) component of this burden is obtain input on the Agency’s Drinking the 1986 amendments, EPA published estimated at 2,912 hours (364 bids × 8 Water Program. These meetings were two DWPLs which were to serve as hours per bid). The Request for initiated as part of the Drinking Water ‘‘candidate contaminants’’ for Proposals (RFP) component is estimated Program Redirection efforts to help regulation. The first DWPL was at 396,430 hours (1,367 proposals × 290 refocus EPA’s drinking water priorities published on January 22, 1988 (53 FR hours per proposal). The total number of and to take a risk-based approach in the 1892) and consisted of 53 contaminants/ respondents and responses is estimated allocation of program resources. Thus, contaminant groups. A second DWPL at 1,731 (364 bids + 1,367 proposals). the Agency seeks to ensure that the was published on January 14, 1991 (56 The annual costs for all respondents is highest priority chemicals are targeted FR 1470). The second list carried over estimated at $20,770,435. The IFB for public health protection. In recent most of the contaminants from the first component of these costs at estimated at months, EPA has been working on a list (50 substances) and added 27 new $149,240 (364 bids × $410 per bid). The Conceptual Approach for drinking water substances. The referenced Federal RFP component is estimated at contaminant identification. At the Register notices describe the sources of $20,621,195 (1,367 proposals × $15,085 upcoming meeting, EPA is seeking input information used for the identification per proposal). from individual stakeholders with of contaminants for inclusion in the two Burden means the total time, effort, or different perspectives on the process for Drinking Water Priority Lists. financial resources expended by persons the development and implementation of The SDWA, as amended in 1996, to generate, maintain, retain, or disclose the Contaminant Identification Method continues to require EPA to publish a or provide information to or for a and on the Conceptual Approach for list of unregulated contaminants which Federal agency. This includes the time contaminant identification. EPA are known or anticipated to occur in needed to review instructions; to encourages the full participation of public water systems and which may develop, acquire, install, and utilize stakeholders throughout this process. require regulation under the Act. The technology and systems for the purposes DATES: The stakeholder meeting on the 1996 amendments specify that EPA of collecting, validating, and verifying Drinking Water Contaminant must publish the first list of information, processing and Identification Method will be held on contaminants for consideration not later Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55149 than 18 months after the date of considers factors such as potential (12) How should the contaminant enactment of the SDWA amendments of adverse health effects, information on identification process influence the 1996 (i.e., by February, 1998) and concentrations in drinking water development and design of a drinking additional lists every five years supplies, human exposure via drinking water contaminant occurrence database, thereafter. The Act also requires EPA to water and other sources, and data also required under the Amendments? select for further consideration and uncertainty. Both chemical EPA has convened this public possible regulation those contaminants contaminants and microbes will be meeting to hear the views of that present the greatest health concern. considered in the Contaminant stakeholders on the Conceptual The list of contaminants involves Identification Method development Approach, the process to develop and consultation with the scientific process. Background materials on the implement the Contaminant community and comment from the Conceptual Approach, the process to Identification Method, and the first list public. develop and implement the of contaminants for consideration. The B. Request for Stakeholder Involvement Contaminant Identification Method, and public is invited to provide comments the first listing of contaminants for on the issues listed above or other issues EPA began a series of stakeholder consideration will be sent to all related to the Drinking Water meetings in March of 1995 to obtain registered participants in advance of the Contaminant Identification Method input on a number of issues related to meeting. The specific issues for during the December 2–3, 1996 meeting. the Agency’s Drinking Water Program. discussion at the meeting will be based Separate stakeholder meetings have Dated: October 18, 1996. on those materials and will include (but Cynthia Dougherty, been conducted to obtain input on may not be limited to) the following: Director, Office of Ground Water and Drinking priorities for the Drinking Water (1) Are the steps described in the Program, scientific data needs, Water. Conceptual Approach for the [FR Doc. 96–27309 Filed 10–23–96; 8:45 am] treatment technology, health Contaminant Identification Method the assessment, analytical methods, source right ones? Is there anything missing? BILLING CODE 6560±50±P water protection, small systems capacity (2) Is this model or Conceptual building, focusing and improving Approach workable/usable for microbial [FRL±5639±6] implementation, revising chemical contaminants? Are any modifications monitoring requirements, defining necessary? National Drinking Water Advisory source protection as a best available (3) To what extent should the 18 Council; Notice of Open Meetings technology (BAT), and other revisions to month process (i.e., the listing of the strengthen enforcement and Under Section 10(a)(2) of Public Law first group of contaminants for possible implementation. Input from those 92–423, ‘‘The Federal Advisory regulation) reflect this Conceptual meetings helped the Agency in the Committee Act,’’ notice is hereby given development of a draft comprehensive Approach? that a meeting of the National Drinking redirection plan released for public (4) What are the sources of Water Advisory Council established comment on November 19, 1995 information for ‘‘contaminants to be under the Safe Drinking Water Act, as (USEPA. Drinking Water Program considered’’? Are any sources missing? amended (42 U.S.C. S300f et seq.), will Redirection Proposal. A Public What weight or relative importance be held on November 13, 1996, from Comment Draft. EPA 810–D–95–001. should be given to the sources? 9:00 a.m. until 5:15 p.m. and on Nov. 1995). Another stakeholder (5) Should there be a relative November 14, 1996, from 9:00 a.m. until meeting was held on May 21, 1996 on weighting of different types of data for 5:00 p.m. at the One Washington Circle the direction of the Drinking Water ranking decisions? How should EPA Hotel, One Washington Circle, NW, Health Advisory Program. integrate the toxicity and occurrence Washington, D.C. 20037. The purpose is The upcoming meeting deals data into a point system or weighting to brief the Council on the mandates specifically with EPA’s efforts to scheme for a risk-based approach? under the 1996 Amendments to the Safe develop a risk-based method to identify (6) How should EPA evaluate the Drinking Water Act and discuss the contaminants for drinking water quality and quantity of available data level of Council involvement to help regulations, health advisories, (both occurrence and toxicity) to implement them. The Council will be additional toxicity research, and determine the contaminants to be given an update on the Consumer monitoring. EPA’s goal is to develop a considered for regulation? Awareness Report, Drinking Water method that is able to identify those (7) What degree of contamination Needs Survey, Community Water contaminants that may pose the greatest represents a national priority (i.e., Systems Survey and the draft public health threat. The prioritization widespread public health threat versus implementation strategy for the of contaminants for drinking water local concern)? Drinking Water State Revolving Fund. regulation (and for development of (8) How do we resolve differences of The meeting is open to the public. health advisories, research or opinion (i.e., differences on The Council encourages the hearing of monitoring efforts) would ensure that interpretation of the data) amongst outside statements and will allocate one EPA uses its limited resources in an knowledgeable persons? hour on November 13, 1996, for this efficient manner. There is a more (9) At what point and should cost/ purpose. Oral statements will be limited immediate need now to develop a risk- benefits be considered in the to ten minutes, and it is preferred that based drinking water Contaminant contaminant identification process? only one person present the statement. Identification Method since the 1996 (10) What process should EPA use to Any outside parties interested in amendments to the SDWA require EPA select the final list of contaminants? presenting an oral statement should to publish the first list of contaminants (11) What contaminants should be petition the Council by telephone at for possible regulation by February, added to the 1991 Drinking Water (202) 260–2285 before November 12, 1998. Priority List (DWPL) as part of the next 1996. EPA is working on a Conceptual list of contaminants for consideration Any person who wishes to file a Approach for the Contaminant due in early 1998? What contaminants written statement can do so before or Identification Method. This approach should be deleted from the 1991 DWPL? after a Council meeting. Written 55150 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices statements received prior to the meeting FY 1997 Management Plan Boston Worldwide Logistics, Inc., 215 will be distributed to all members of the Administrative Matters Bremen Street, E. Boston, MA 02128, Council before any final discussion or PERSON TO CONTACT FOR INFORMATION: Officer: Duane Mark D’Angelo, CEO/ vote is completed. Any statements Mr. Ron Harris, Press Officer, President received after the meeting will become Telephone: (202) 219–4155. Dated: October 18, 1996. part of the permanent meeting file and Delores Hardy, Ronald D. Murphy, will be forwarded to the Council Administrative Assistant. Acting Secretary. members for their information. Members of the public that would like [FR Doc. 96–27502 Filed 10–22–96; 2:48 pm] [FR Doc. 96–27256 Filed 10–23–96; 8:45 am] to attend the meeting, present an oral BILLING CODE 6715±01±M BILLING CODE 6730±01±M statement, or submit a written statement, should contact Ms. Charlene Shaw, Designated Federal Officer, FEDERAL HOUSING FINANCE BOARD National Drinking Water Advisory FEDERAL RESERVE SYSTEM Sunshine Act Meeting Council, U.S. EPA, Office of Ground Formations of, Acquisitions by, and Water and Drinking Water (4601), 401 M FEDERAL HOUSING FINANCE BOARD Mergers of Bank Holding Companies Street SW, Washington, DC 20460. The FEDERAL REGISTER CITATION OF PREVIOUS telephone number is Area Code (202) ANNOUNCEMENT: 61 FR 54799, October The companies listed in this notice 260–2285. 21, 1996. have applied to the Board for approval, Dated: October 18, 1996. pursuant to the Bank Holding Company PREVIOUSLY ANNOUNCED TIME AND DATE OF Act of 1956 (12 U.S.C. 1841 et seq.) Cynthia C. Dougherty, THE MEETING: 10:00 a.m., Thursday, (BHC Act), Regulation Y (12 CFR Part Director, Office of Ground Water and Drinking October 24, 1996. Water. 225), and all other applicable statutes CHANGE IN THE MEETING: Previously and regulations to become a bank [FR Doc. 96–27306 Filed 10–23–96; 8:45 am] announced Board meeting time has been BILLING CODE 6560±50±P holding company and/or to acquire the changed from 10:00 a.m to 11:00 a.m. assets or the ownership of, control of, or CONTACT PERSON FOR MORE INFORMATION: the power to vote shares of a bank or Elaine L. Baker, Secretary to the Board, FEDERAL ELECTION COMMISSION bank holding company and all of the (202) 408–2837. banks and nonbanking companies Sunshine Act Meeting Rita I. Fair, owned by the bank holding company, Managing Director. including the companies listed below. ``FEDERAL REGISTER'' NUMBER: 96–26830. [FR Doc. 96–27431 Filed 10–22–96; 12:03 The applications listed below, as well PREVIOUSLY ANNOUNCED DATE AND TIME: pm] as other related filings required by the Thursday, October 24, 1996, 10:00 a.m. BILLING CODE 6725±01±P Board, are available for immediate Meeting Open to the Public. inspection at the Federal Reserve Bank This meeting was cancelled. indicated. Once the application has DATE AND TIME: Tuesday, October 29, FEDERAL MARITIME COMMISSION been accepted for processing, it will also 1996 at 10:00 a.m. be available for inspection at the offices of the Board of Governors. Interested PLACE: 999 E Street, N.W., Washington, Ocean Freight Forwarder License; persons may express their views in D.C. Applicants writing on the standards enumerated in STATUS: This Meeting Will Be Closed to Notice is hereby given that the the BHC Act (12 U.S.C. 1842(c)). If the the Public. following applicants have filed with the proposal also involves the acquisition of ITEMS TO BE DISCUSSED: Federal Maritime Commission a nonbanking company, the review also applications for licenses as ocean freight includes whether the acquisition of the Compliance matters pursuant to 2 U.S.C. forwarders pursuant to section 19 of the nonbanking company complies with the § 437g. Shipping Act of 1984 (46 U.S.C. app. standards in section 4 of the BHC Act, Audits conducted pursuant to 2 U.S.C. 1718 and 46 CFR 510). § 437g, § 438(b), and Title 26, U.S.C. including whether the acquisition of the Matters concerning participation in civil Persons knowing of any reason why nonbanking company can ‘‘reasonably actions or proceedings or arbitration any of the following applicants should be expected to produce benefits to the Internal personnel rules and procedures or not receive a license are requested to public, such as greater convenience, matters affecting a particular employee contact the Office of Freight Forwarders, increased competition, or gains in DATE AND TIME: Thursday, October 31, Federal Maritime Commission, efficiency, that outweigh possible 1996 at 10:00 a.m. Washington, D.C. 20573. adverse effects, such as undue PLACE: 999 E Street, N.W., Washington, Torrance Van & Storage Company d/b/ concentration of resources, decreased or D.C. (Ninth Floor) a, S & M Moving Systems, 1915 unfair competition, conflicts of STATUS: This Meeting Will Be Open to Abalone Avenue, Torrance, CA 90501, interests, or unsound banking practices’’ the Public. Officers: Gerald P. Stadler, CEO/ (12 U.S.C. 1843). Any request for President, Robert A. Wright, a hearing must be accompanied by a ITEMS TO BE DISCUSSED: Managing Director International statement of the reasons a written Solex Express, Inc., 416 E. Irving Park presentation would not suffice in lieu of Correction and Approval of Minutes Road, Wood Dale, IL 60191, Officers: a hearing, identifying specifically any Advisory Opinion 1996–42: Michael A. Shao Wei Chen (Grace), President, questions of fact that are in dispute, Nemeroff on behalf of Lucent Technologies, Inc. Sam Liu, Vice President summarizing the evidence that would Advisory Opinion 1996–44: The Honorable KFS, Inc., 756 Port America Place, Suite be presented at a hearing, and indicating Charles Wilson #700, Grapevine, TX 76051, Officers: how the party commenting would be Final Report of the Audit Division on the James F. Keller, President, Matthew J. aggrieved by approval of the proposal. North Carolina Democratic Victory Fund Keller, Vice President Unless otherwise noted, nonbanking Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55151 activities will be conducted throughout 1843) (BHC Act) and Regulation Board of Governors of the Federal Reserve the United States. Y, (12 CFR Part 225) to engage de novo, System, October 18, 1996. Unless otherwise noted, comments or to acquire or control voting securities Jennifer J. Johnson, regarding each of these applications or assets of a company that engages Deputy Secretary of the Board. must be received at the Reserve Bank either directly or through a subsidiary or [FR Doc. 96–27254 Filed 10–23–96; 8:45 am] indicated or the offices of the Board of other company, in a nonbanking activity BILLING CODE 6210±01±F Governors not later than November 18, that is listed in § 225.25 of Regulation 1996. Y (12 CFR 225.25) or that the Board has A. Federal Reserve Bank of Cleveland determined by Order to be closely Agency Information Collection (R. Chris Moore, Senior Vice President) related to banking and permissible for Activities: Submission to OMB Under 1455 East Sixth Street, Cleveland, Ohio bank holding companies. Unless Delegated Authority 44101: otherwise noted, these activities will be 1. Pennwood Bancorp, Inc., Pittburgh, conducted throughout the United States. Background Pennsylvania; to become a bank holding Each notice is available for inspection Notice is hereby given of the final company by acquiring 100 percent of at the Federal Reserve Bank indicated. approval of a proposed information the voting shares of Pennwood Savings Once the notice has been accepted for collection by the Board of Governors of Bank, Pittsburgh, Pennsylvania. the Federal Reserve System (Board) B. Federal Reserve Bank of Chicago processing, it will also be available for inspection at the offices of the Board of under OMB delegated authority, as per (James A. Bluemle, Vice President) 230 5 CFR 1320.16 (OMB Regulations on South LaSalle Street, Chicago, Illinois Governors. Interested persons may express their views in writing on the Controlling Paperwork Burdens on the 60690: Public). The Federal Reserve may not 1. F & M Bancorporation, Inc., question whether the proposal complies with the standards of section 4 of the conduct or sponsor, and the respondent Kaukauna, Wisconsin; to acquire 100 is not required to respond to, an percent of the voting shares of Green BHC Act, including whether consummation of the proposal can information collection that has been County Bank, Brodhead, Wisconsin. extended, revised, or implemented on or C. Federal Reserve Bank of Kansas ‘‘reasonably be expected to produce after October 1, 1995, unless it displays City (John E. Yorke, Senior Vice benefits to the public, such as greater a currently valid OMB control number. President) 925 Grand Avenue, Kansas convenience, increased competition, or gains in efficiency, that outweigh FOR FURTHER INFORMATION CONTACT: City, Missouri 64198: Federal Reserve Board Clearance 1. Haviland Bancshares, Inc., possible adverse effects, such as undue concentration of resources, decreased or Officer—Mary M. McLaughlin— Haviland, Kansas; to acquire 19.995 Division of Research and Statistics, percent of the voting shares of Fredonia unfair competition, conflicts of interests, or unsound banking practices’’ Board of Governors of the Federal State Bancshares, Inc., Fredonia, Reserve System, Washington, DC Kansas, and thereby indirectly acquire (12 U.S.C. 1843). Any request for a hearing on this question must be 20551 (202-452-3829). State Bank of Fredonia, Fredonia, OMB Desk Officer—Alexander T. accompanied by a statement of the Kansas. Hunt—Office of Information and In connection with this application, reasons a written presentation would Regulatory Affairs, Office of Fredonia State Bancshares, Inc., has also not suffice in lieu of a hearing, Management and Budget, New applied to become a bank holding identifying specifically any questions of Executive Office Building, Room company by acquiring 96.15 percent of fact that are in dispute, summarizing the 3208, Washington, DC 20503 (202- the voting stock of State Bank of evidence that would be presented at a 395-7860). hearing, and indicating how the party Fredonia, Fredonia, Kansas. Final approval under OMB delegated D. Federal Reserve Bank of San commenting would be aggrieved by authority of the extension, with Francisco (Kenneth R. Binning, approval of the proposal. revision, of the following report: Director, Bank Holding Company) 101 Unless otherwise noted, comments 1. Report title: Survey of Terms of Market Street, San Francisco, California regarding the applications must be Bank Lending 94105: received at the Reserve Bank indicated Agency form number: FR 2028A, FR 1. U.S. Bancorp, Portland, Oregon; to or the offices of the Board of Governors 2028B, and FR 2028S merge with Sun Capital Bancorp, St. not later than November 7, 1996. OMB Control number: 7100-0061 George, Utah, and thereby indirectly A. Federal Reserve Bank of Effective Date: May 5, 1997 acquire Sun Capital Bank, St. George, Frequency: quarterly Utah. Philadelphia (Michael E. Collins, Senior Vice President) 100 North 6th Street, Reporters: commercial banks (all three Board of Governors of the Federal Reserve Philadelphia, Pennsylvania 19105: reports) and U.S. branches and agencies System, October 18, 1996. of foreign banks (FR 2028A and FR Jennifer J. Johnson, 1. Susquehanna Bancshares, Inc., 2028S) Lititz, Pennsylvania; to engage through Deputy Secretary of the Board. Annual reporting hours: 8,095 American Title, Inc., Reisterstown, [FR Doc. 96–27253 Filed 10–23–96; 8:45 am] Estimated average hours per response: Maryland; Mid-Atlantic Title Company, FR 2028A: 4.0. FR 2028B: 1.5. FR 2028S: BILLING CODE 6210±01±F Baltimore, Maryland, and Maryland 0.1. Title Company, Baltimore, Maryland, in Number of respondents: FR 2028A: 398. Notice of Proposals to Engage in real estate title abstracting, including FR 2028B: 250. FR 2028S: 567. Permissible Nonbanking Activities or title examinations and title searches, Small businesses are affected. to Acquire Companies that are pursuant to The First National General description of report: This Engaged in Permissible Nonbanking Company, 81 Fed. Res. Bull. 805 (1995); information collection is voluntary (12 Activities and in real estate loan document U.S.C. 248(a)(2)) and is given preparation, and real estate settlement confidential treatment (5 U.S.C. The companies listed in this notice activities, pursuant to Norwest 552(b)(4)). have given notice under section 4 of the Corporation, 76 Fed. Res. Bull. 1058 Abstract: The Survey of Terms of Bank Holding Company Act (12 U.S.C. (1990). Bank Lending provides unique 55152 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices information concerning the price and necessitated by changes in lending Council on HIV/AIDS will take place on certain nonprice terms of loans made to practices. Sunday, December 15, and Monday, businesses and farmers by commercial Board of Governors of the Federal Reserve December 16 from 8:30 am to 5 pm, and banks. The reports are completed for the System, October 18, 1996. Tuesday, December 17, from 8:30 am to first full business week of the mid- William W. Wiles, 3:30 pm at the Hyatt Regency month of each quarter (February, May, Secretary of the Board. Washington on Capitol Hill, 400 New August, and November). The FR 2028A [FR Doc. 96–27252 Filed 10–23–96; 8:45 am] Jersey Avenue, Washington, DC 20001. and B collect detailed data on BILLING CODE 6210±01±F The meetings will be open to the public. individual loans made during the The purpose of the subcommittee survey week. The FR 2028S collects the meetings will be to finalize their prime interest rate for each day of the GENERAL SERVICES recommendations and assess the status survey week. From these sample data, ADMINISTRATION of previous recommendations made to estimates of the terms of business and the Administration. The agenda of the farm loans extended during the Delegation of Authority to the Presidential Advisory Council on HIV/ reporting week at all insured U.S. Commissioner, Social Security AIDS will include presentations from commercial banks are constructed. The Administration the Council’s five committees, Research, estimates for business loans are Pursuant to the authority vested in the Services, Prevention, Discrimination, published in the quarterly E.2 release, Administrator of General Services by and Prison Issues. ‘‘Survey of Terms of Bank Lending,’’ section 3726 of Title 31, United States Jeff Levi, Deputy Director, Office of while estimates for farm loans are Code, and re-delegated to the Director, National AIDS Policy, 750 17th Street, published in the quarterly E.15 release, Office of Transportation Audits, I have N.W., Washington, D.C. 20503, Phone ‘‘Agricultural Finance Databook.’’ determined that it is both cost-effective (202) 632–1090, Fax (202) 632–1096, The Board received comment letters and in the public interest to delegate will furnish the meeting agenda and from seven banks and two bank holding authority to the Commissioner of the roster of committee members upon companies. Comments included the Social Security Administration to request. Any individual who requires following: Four commentators stated conduct a prepayment audit of special assistance, such as sign language that data required to answer selected transportation bills relating to the interpretation or other reasonable new items on the reports would be movement of motor freight, subject to accommodations, should contact difficult or very costly to obtain. Staff at the provisions of the Federal Property Kimberly Farrell at (301) 986–4870 no the Reserve Banks will work with Management Regulations, Title 41, Code later than December 9. individual respondents to resolve these of Federal Regulations, Subpart 101–41, Dated: October 16, 1996. difficulties. Two commentators and amendments thereto. These expressed concern about the amount of prepayment audits will be conducted by Jeff Levi, time that would be required to a General Services Administration’s Deputy Director, Office of National AIDS reprogram to meet the implementation (GSA’s) contractor, at the contractor’s Policy. date. In response to these comments, the site. The Social Security Administration [FR Doc. 96–27291 Filed 10–23–96; 8:45 am] Federal Reserve is delaying the may re-delegate this authority to any BILLING CODE 3195±01±P implementation date three months from officer, official, or employee of the the proposed February 1997 to May Social Security Administration. 1997. The Commissioner of the Social Office of the Secretary Revisions to the business loan survey Security Administration shall notify Correction of Notice of Findings of include the elimination of two items GSA in writing of these additional Scientific Misconduct that either have proven difficult for delegations. This delegation is effective respondents to report or are upon publication in the Federal AGENCY: Office of the Secretary, HHS. insufficiently useful to justify the Register. ACTION: Correction. burden their reporting imposes, the Dated: October 15, 1996. addition of two new items covering loan Jeffrey J. Thurston, risk and termination options, and SUMMARY: A Notice beginning on page redefinitions of several existing items. Director, Office of Transportation Audits, 19295 in the issue of May 1, 1996, Federal Supply Service. The coverage of the reporting panel for entitled ‘‘Findings of Scientific the business loan survey, currently [FR Doc. 96–27299 Filed 10–23–96; 8:45 am] Misconduct’’ is hereby revised to correct limited to U.S. commercial banks, will BILLING CODE 6820±24±M the authorship of a publication be expanded to include a sample of U.S. referenced in the original printing: branches and agencies of foreign banks, P.P. Thomas did not co-author the DEPARTMENT OF HEALTH AND which now account for a significant publication entitled ‘‘Gonadotrophin- HUMAN SERVICES fraction of business lending. The same releasing hormone agonist plus item additions and redefinitions for the Office of National AIDS Policy; Notice estrogen-progestin ‘add-back’ therapy business loan survey also will be made of Meeting of the Presidential Advisory for endometriosis-related pelvic pain.’’ to the farm loan survey. The prime rate Council on HIV/AIDS and its Fertility and Sterility 30:236–41, 1993.) supplement, now collected only from Subcommittees respondents to the business loan survey, FOR FURTHER INFORMATION, CONTACT: will be collected from respondents to Pursuant to Public Law 92–463, Director, Division of Research the farm loan survey as well. The notice is hereby given of the meeting of Investigations, Office of Research revised instructions have been reworded the Presidential Advisory Council on Integrity, 301–443–5330. substantially to reflect the changes, HIV/AIDS on December 15 - 17, 1996, Chris B. Pascal, clarifications requested by Reserve Bank at the Hyatt Regency Washington on Acting Director, Office of Research Integrity. staff and the respondent banks since the Capitol Hill, Washington, DC. The [FR Doc. 96–27200 Filed 10–23–96; 8:45 am] last review of this survey, and revisions meeting of the Presidential Advisory BILLING CODE 4160±17±P Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55153

Agency for Health Care Policy and Due to the integration of these two SUPPLEMENTARY INFORMATION: On Research previous survey operations into the January 13, 1995, Guidant Corp., St. MEPS–IC, AHCPR is updating the Paul, MN 55112–5798, submitted to Agency Information Collection questionnaire and data collection CDRH an application for premarket Activities: Submission for OMB methodology. A data collection pretest approval of SELUTE Steroid Eluting Review; Comment Request is being proposed using a sample of Endocardial Lead Models 4185 and 4285. The device is a permanent pacing AGENCY: Agency for Health Care Policy potential respondents. Based upon the and Research, HHS. results of this test, the AHCPR will lead and is indicated for chronic pacing develop and refine the final and sensing of the ventricle when used ACTION: Notice. methodology for the 1997 MEPS–IC. with a compatible pulse generator. In accordance with the provisions of SUMMARY: This notice announces the Burden Estimates Follow: Agency for Health Care Policy and section 515(c)(2) of the act (21 U.S.C. Research’s (AHCPR) intention to request Number of Respondents: 350. 360e(c)(2)) as amended by the Safe the Office of Management and Budget Number of Surveys per Respondent: Medical Devices Act of 1990, this (OMB) to reinstate two expired 1. premarket approval application (PMA) information collection projects as one: Average Burden/Respondent: .75 was not referred to the Circulatory Formerly the 1987 Health Insurance Hours. System Devices Panel of the Medical Estimated Total Burden: 263 Hours. Plans Survey (HIPS) and the 1994 Devices Advisory Committee, an FDA Copies of these data collection plans National Employer Health Insurance advisory committee, for review and and instruments can be obtained from Survey (NEHIS), now to be combined in recommendation because the the AHCPR Reports Clearance Officer the 1997 Medical Expenditure Panel information in the PMA substantially (see above). Survey—Insurance Component (MEPS– duplicates information previously IC). In accordance with the Paperwork Dated: October 17, 1996. reviewed by this panel. Reduction Act of 1995, Public Law 104– Clifton R. Gaus, On May 8, 1996, CDRH approved the application by a letter to the applicant 13 (44 U.S.C. 3507(a)(1)(D)), AHCPR Administrator. from the Director of the Office of Device invites the public to comment on this [FR Doc. 96–27279 Filed 10–23–96; 8:45 am] Evaluation, CDRH. In that letter, CDRH reinstatement. BILLING CODE 4160±90±M also notified the applicant that the DATES: Comments on this notice must be device requires tracking under section received by November 25, 1996. Food and Drug Administration 519(e) of the act (21 U.S.C. 360i(e)). ADDRESSES: Written comments for the A summary of the safety and proposed information collection should [Docket No. 96M±0371] effectiveness data on which CDRH be submitted within 30 working days of based its approval is on file in the this notice directly to the OMB Desk Guidant Corp.; Premarket Approval of Dockets Management Branch (address Officer at the following address: Allison SELUTE Steroid Eluting Endocardial above) and is available from that office Eydt, Human Resources and Housing Lead Models 4185 and 4285 upon written request. Requests should Branch, Office of Information and be identified with the name of the Regulatory Affairs, OMB; New AGENCY: Food and Drug Administration, device and the docket number found in Executive Office Building, Room 10235; HHS. brackets in the heading of this Washington, D.C. 20503. ACTION: Notice. document. All comments will become a matter of public record. SUMMARY: The Food and Drug Opportunity for Administrative Review Administration (FDA) is announcing its FOR FURTHER INFORMATION CONTACT: Section 515(d)(3) of the act authorizes Ruth A. Celtnieks, AHCPR Reports approval of the application by Guidant any interested person to petition, under Clearance Officer, (301) 594–1406, ext. Corp., St. Paul, MN, for premarket section 515(g) of the act, for approval, under the Federal Food, Drug, 1497.  administrative review of CDRH’s and Cosmetic Act (the act), of SELUTE decision to approve this application. A SUPPLEMENTARY INFORMATION: Steroid Eluting Endocardial Lead petitioner may request either a formal Proposed Project Models 4185 and 4285. FDA’s Center for hearing under part 12 (21 CFR part 12) Devices and Radiological Health (CDRH) of FDA’s administrative practices and Pretest for the 1997 Medical notified the applicant, by letter of May Expenditure Survey—Insurance procedures regulations or a review of 8, 1996, of the approval of the the application and CDRH’s action by an Component (MEPS–IC). application. AHCPR intends to conduct a survey of independent advisory committee of DATES: establishments in 1997 to collect Petitions for administrative experts. A petition is to be in the form information from employers concerning review by November 25, 1996. of a petition for reconsideration under employer-sponsored health insurance. ADDRESSES: Written requests for copies § 10.33(b) (21 CFR 10.33(b)). A This survey will be an integration of two of the summary of safety and petitioner shall identify the form of previous surveys, now components of effectiveness data and petitions for review requested (hearing or MEPS–IC. The two surveys which administrative review to the Dockets independent advisory committee) and collected similar information are: Management Branch (HFA–305), Food shall submit with the petition 1. The 1987 Health Insurance Plans and Drug Administration, 12420 supporting data and information Survey (HIPS) sponsored by AHCPR’s Parklawn Dr., rm. 1–23, Rockville, MD showing that there is a genuine and predecessor, the National Center for 20857. substantial issue of material fact for Health Services Research; and FOR FURTHER INFORMATION CONTACT: resolution through administrative 2. The 1994 National Employer Health Lynette A. Gabriel, Center for Devices review. After reviewing the petition, Insurance Survey (NEHIS) sponsored by and Radiological Health (HFZ–450), FDA will decide whether to grant or AHCPR, the National Center for Health Food and Drug Administration, 9200 deny the petition and will publish a Statistics (NCHS) and the Health Care Corporate Blvd., Rockville, MD 20850, notice of its decision in the Federal Financing Administration (HCFA). 301–443–8243. Register. If FDA grants the petition, the 55154 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices notice will state the issue to be will be updated when such changes are Committee meeting. Because the agency reviewed, the form of review to be used, made. believes there is some urgency to bring the persons who may participate in the MEETINGS: The following advisory these issues to public discussion and review, the time and place where the committee meetings are announced: qualified members of the review will occur, and other details. Gastrointestinal Drugs Advisory Petitioners may, at any time on or Gastrointestinal Drugs Advisory Committee were available at this time, before November 25, 1996, file with the Committee the Commissioner concluded that it was Dockets Management Branch (address Date, time, and place. November 4 in the public interest to hold this above) two copies of each petition and and 5, 1996, 9 a.m., Holiday Inn— meeting even if there was not sufficient supporting data and information, Bethesda, Versailles Ballrooms I and II, time for the customary 15-day public identified with the name of the device 8120 Wisconsin Ave., Bethesda, MD. notice. and the docket number found in Type of meeting and contact person. Peripheral and Central Nervous brackets in the heading of this Open public hearing, November 4, 1996, System Drugs Advisory Committee document. Received petitions may be 9 a.m. to 10 a.m., unless public seen in the office above between 9 a.m. participation does not last that long; Date, time, and place. November 15, and 4 p.m., Monday through Friday. open committee discussion, 10 a.m. to 1996, 8:30 a.m., Holiday Inn— This notice is issued under the 5 p.m.; open committee discussion, Gaithersburg, Ballroom, Two Federal Food, Drug, and Cosmetic Act November 5, 1996, 9 a.m. to 5 p.m.; Joan Montgomery Village Ave., Gaithersburg, (secs. 515(d), 520(h) (21 U.S.C. 360e(d), C. Standaert (HFD–180), 419–259–6211, MD. 360j(h))) and under authority delegated or Mae Brooks (HFD–21), 301–443– Type of meeting and contact person. to the Commissioner of Food and Drugs 5455, Center for Drug Evaluation and Open committee discussion, 8:30 a.m. to (21 CFR 5.10) and redelegated to the Research, Food and Drug 1 p.m.; open public hearing, 1 p.m. to Director, Center for Devices and Administration, 5600 Fishers Lane, 2 p.m., unless public participation does Radiological Health (21 CFR 5.53). Rockville, MD 20857, or FDA Advisory not last that long; open committee Dated: September 20, 1996. Committee Information Hotline, 1–800– discussion, 2 p.m. to 5 p.m.; Ermona B. Joseph A. Levitt, 741–8138 (301–443–0572 in the McGoodwin or Danyiel A. D’Antonio, Deputy Director for Regulations Policy, Center Washington, DC area), Gastrointestinal Center for Drug Evaluation and Research for Devices and Radiological Health. Drugs Advisory Committee, code 12538. (HFD–21), Food and Drug [FR Doc. 96–27202 Filed 10–23–96; 8:45 am] Please call the hotline for information Administration, 5600 Fishers Lane, concerning any possible changes. Rockville, MD 20857, 301–443–5455, or BILLING CODE 4160±01±F General function of the committee. FDA Advisory Committee Information The committee reviews and evaluates Hotline, 1–800–741–8138 (301–443– Advisory Committees; Notice of data on the safety and effectiveness of 0572 in the Washington, DC area), Meetings marketed and investigational human Peripheral and Central Nervous System drugs for use in gastrointestinal Drugs Advisory Committee, code 12543. AGENCY: Food and Drug Administration, diseases. Please call the hotline for information HHS. Agenda—Open public hearing. concerning any possible changes. ACTION: Notice. Interested persons may present data, General function of the committee. information, or views, orally or in The committee reviews and evaluates SUMMARY: This notice announces writing, on issues pending before the data on the safety and effectiveness of forthcoming meetings of public advisory committee. Those desiring to make marketed and investigational human committees of the Food and Drug formal presentations should notify the drugs for use in neurological disease Administration (FDA). This notice also contact person before October 28, 1996, Agenda—Open public hearing. summarizes the procedures for the and submit a brief statement of the Interested persons may present data, meetings and methods by which general nature of the evidence or information, or views, orally or in interested persons may participate in arguments they wish to present, the writing, on issues pending before the open public hearings before FDA’s names and addresses of proposed committee. Those desiring to make advisory committees. participants, and an indication of the formal presentations should notify the FDA has established an Advisory approximate time required to make their contact person before November 8, Committee Information Hotline (the comments. 1996, and submit a brief statement of hotline) using a voice-mail telephone Open committee discussion. On the general nature of the evidence or system. The hotline provides the public November 4, 1996, the committee will arguments they wish to present, the with access to the most current discuss data concerning the safety of names and addresses of proposed information on FDA advisory committee long-term antisecretory therapy in participants, and an indication of the meetings. The advisory committee patients with Helicobacter pylori; new approximate time required to make their hotline, which will disseminate current drug application (NDA) 19–810, comments. information and information updates, Prilosec (omeprazole, Astra Merck), Open committee discussion. The can be accessed by dialing 1–800–741– delayed release capsules; and NDA 20– committee will discuss the safety and 8138 or 301–443–0572. Each advisory 406, Prevacid (lansoprazole, TAP effectiveness of NDA 20–648, Diastat committee is assigned a 5-digit number. Holding Co.), delayed release capsules. (diazepam emulsion, Athena This 5-digit number will appear in each On November 5, 1996, the committee Neurosciences, Inc.), as a treatment for individual notice of meeting. The will discuss NDA 20–675 acute repetitive seizures. hotline will enable the public to obtain (ureodeoxycholic acid, Axcan Pharma), FDA public advisory committee information about a particular advisory for the treatment of patients with meetings may have as many as four committee by using the committee’s 5- primary biliary cirrhosis. separable portions: (1) An open public digit number. Information in the hotline FDA regrets that it was unable to hearing, (2) an open committee is preliminary and may change before a publish this notice 15 days prior to the discussion, (3) a closed presentation of meeting is actually held. The hotline Gastrointestinal Drugs Advisory data, and (4) a closed committee Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55155 deliberation. Every advisory committee Dockets Management Branch (HFA– This form and instructions are meeting shall have an open public 305), Food and Drug Administration, standardized for use in the Medicare/ hearing portion. Whether or not it also 12420 Parklawn Dr., rm. 1–23, Medicaid programs to apply for includes any of the other three portions Rockville, MD 20857, approximately 15 reimbursement for covered services. will depend upon the specific meeting working days after the meeting, between HCFA does not require exclusive use of involved. There are no closed portions the hours of 9 a.m. and 4 p.m., Monday this form for Medicaid. 42 CFR 424.32 for the meetings announced in this through Friday. Summary minutes of and 42 CFR 414.40 are regulations notice. The dates and times reserved for the open portion of the meeting may be underlying the use of the form HCFA– the open portions of each committee requested in writing from the Freedom 1500 and the information captured on meeting are listed above. of Information Office (address above) the form HCFA–1500, including the use The open public hearing portion of beginning approximately 90 days after of diagnostic and procedural coding the meeting(s) shall be at least 1 hour the meeting. systems. HCFA solicits comments on long unless public participation does This notice is issued under section any and all aspects of the HCFA–1500, not last that long. It is emphasized, 10(a)(1) and (a)(2) of the Federal and the use of diagnostic and however, that the 1 hour time limit for Advisory Committee Act (5 U.S.C. app. procedural coding systems: HCFA an open public hearing represents a 2), and FDA’s regulations (21 CFR part currently uses the most current version minimum rather than a maximum time 14) on advisory committees. of the ICD–9–CM and CPT/HCPCS; for public participation, and an open Dated: October 18, 1996. Frequency: On occasion; Affected public hearing may last for whatever Michael A. Friedman, Public: Business or other for profit, not longer period the committee for profit institutions, State, local or Deputy Commissioner for Operations. chairperson determines will facilitate tribal government; Number of the committee’s work. [FR Doc. 96–27278 Filed 10–23–96; 8:45 am] Respondents: 976,239; Total Annual Public hearings are subject to FDA’s BILLING CODE 4160±01±F Responses: 644,802,413; Total Annual guideline (subpart C of 21 CFR part 10) Hours: 46,797,008. concerning the policy and procedures To obtain copies of the supporting Health Care Financing Administration for electronic media coverage of FDA’s statement and any related forms and public administrative proceedings, [Document Identifier: HCFA±1500] instructions for the proposed paperwork including hearings before public collection referenced above, E-mail your advisory committees under 21 CFR part Agency Information Collection request, including your address and 14. Under 21 CFR 10.205, Activities: Proposed Collection; phone number, to [email protected], or representatives of the electronic media Comment Request call the Reports Clearance Office on may be permitted, subject to certain (410) 786–1325. Written comments and limitations, to videotape, film, or AGENCY: Health Care Financing Administration. recommendations for the proposed otherwise record FDA’s public information collections must be mailed administrative proceedings, including In compliance with the requirement of section 3506(c)(2)(A) of the within 60 days of this notice directly to presentations by participants. the HCFA Paperwork Clearance Officer Meetings of advisory committees shall Paperwork Reduction Act of 1995, the designated at the following address: be conducted, insofar as is practical, in Health Care Financing Administration HCFA, Office of Financial and Human accordance with the agenda published (HCFA), Department of Health and Resources, Management Analysis and in this Federal Register notice. Changes Human Services, is publishing the Planning Staff, Attention: John Burke, in the agenda will be announced at the following summaries of proposed Room C2–26–17, 7500 Security beginning of the open portion of a collections for public comment. Boulevard, Baltimore, Maryland 21244– meeting. Interested persons are invited to send Any interested person who wishes to comments regarding this burden 1850. be assured of the right to make an oral estimate or any other aspect of this Dated: October 15, 1996. presentation at the open public hearing collection of information, including any Edwin J. Glatzel, portion of a meeting shall inform the of the following subjects: (1) The Director, Management Analysis and Planning contact person listed above, either orally necessity and utility of the proposed Staff, Office of Financial and Human or in writing, prior to the meeting. Any information collection for the proper Resources, Health Care Financing person attending the hearing who does performance of the agency’s functions; Administration. not in advance of the meeting request an (2) the accuracy of the estimated [FR Doc. 96–27292 Filed 10–23–96; 8:45 am] opportunity to speak will be allowed to burden; (3) ways to enhance the quality, BILLING CODE 4120±03±P make an oral presentation at the utility, and clarity of the information to hearing’s conclusion, if time permits, at be collected; and (4) the use of [HCFA±R±137] the chairperson’s discretion. automated collection techniques or The agenda, the questions to be other forms of information technology to Emergency Clearance: Public addressed by the committee, and a minimize the information collection Information Collection Requirements current list of committee members will burden. Submitted to the Office of Management be available at the meeting location on 1. Type of Information Collection and Budget (OMB) the day of the meeting. Request: Reinstatement, with change, of Transcripts of the open portion of the previously approved collection for In compliance with the requirement meeting may be requested in writing which approval has expired; Title of of section 3506(c)(2)(A) of the from the Freedom of Information Office Information Collection: Medicare/ Paperwork Reduction Act of 1995, the (HFI–35), Food and Drug Medicaid Health Insurance Common Health Care Financing Administration Administration, 5600 Fishers Lane, rm. Claim Form and Instructions, and (HCFA), Department of Health and 12A–16, Rockville, MD 20857, Supporting Regulations 42 CFR 424.32 Human Services (DHHS), has submitted approximately 15 working days after the (Basic Requirements for all Claims) and to the Office of Management and Budget meeting, at a cost of 10 cents per page. 42 CFR 414.40 (Coding and Ancillary (OMB) the following request for The transcript may be viewed at the Policies); Form No.: HCFA–1500; Use: Emergency review. We are requesting an 55156 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices emergency review because the Dated: October 17, 1996. (B) Comments and Responses collection of this information is needed Edwin J. Glatzel, Comment: The Federal Register prior to the expiration of the normal Director, Management Analysis and Planning notice was not promulgated in time limits under OMB’s regulations at Staff, Office of Financial and Human accordance with the Administrative 5 C.F.R., Part 1320. Medicare must Resources, Health Care Financing Administration. Procedure Act (APA) and contains comply with all provisions of the group procedural irregularities. The [FR Doc. 96–27262 Filed 10–23–96; 8:45 am] health plans including a plan of ‘‘timely Department has issued eight Federal filing requirements.’’ The Agency BILLING CODE 4120±03±P Register notices containing drug pricing cannot reasonably comply with the program guidelines and has not normal clearance procedures because Health Resources and Services proposed a single regulation pursuant to public harm is likely to result if normal Administration APA requirements. Because of this, the clearance procedures are followed. Any program guidelines are invalid. additional delay in this approval will [0905±ZA92] Response: During the early months result in a loss of $904 million to the following enactment, it became clear Notice Regarding Section 602 of the that there were many gaps in the trust fund. Veterans Health Care Act of 1992 legislation and some form of program HCFA is requesting that OMB provide Patient and Entity Eligibility structure was necessary to move the a two-day review and a 90-day approval. AGENCY: Health Resources and Services program forward. There were During this 90-day period HCFA will Administration, HHS. approximately 11,500 eligible entities, publish a separate Federal Register ACTION: Final Notice. 500 participating manufacturers, notice announcing the initiation of an numerous wholesalers and many extensive 60-day agency review and SUMMARY: Section 602 of Public Law Federal programs affected by this public comment period on these 102–585, the ‘‘Veterans Health Care Act legislation and all seeking guidance. It requirements. Then HCFA will submit of 1992,’’ enacted section 340B of the was incumbent upon the Department, the requirements for OMB review and Public Health Service Act (‘‘PHS Act’’), acting through the Health and Resources an extension of this emergency ‘‘Limitation on Prices of Drugs and Services Administration, Bureau of approval. Purchased by Covered Entities.’’ Section Primary Health Care, Office of Drug 340B provides that a manufacturer who Type of Information Collection Pricing (ODP), to implement this sells covered outpatient drugs to eligible Request: Reinstatement, with change, of difficult congressional mandate in an entities must sign a pharmaceutical expeditious manner. a previously approved collection for pricing agreement with the Secretary of which approval has expired; Title of Interpretive rules and statements of Health and Human Services in which policy were developed to provide Information Collection: Internal the manufacturer agrees to charge a necessary program guidance. The Revenue Service/Social Security price for covered outpatient drugs that Department has published these Administration/Health Care Financing will not exceed an amount determined guidelines in the Federal Register, used Administration Data Match 42 CFR 411; under a statutory formula. a Federal review process (including Form No.: HCFA–R–137; Use: The purpose of this notice is to inform review by the Office of Management and Employers who are identified through a interested parties of final guidelines Budget) and provided a public comment match of IRS, SSA, and Medicare regarding a definition of covered entity period to obtain both Federal as well as records will be contacted concerning ‘‘patient.’’ public input into guideline group health plan coverage of identified FOR FURTHER INFORMATION CONTACT: development. The Department individuals to ensure compliance with Annette Byrne, R.Ph., Attn: Drug Pricing considered all comments in developing Medicare Secondary Payer provisions Program, Bureau of Primary Health these final guidelines. found at 42 U.S.C. 1395y(b). Frequency: Care, 4350 East-West Highway, 10th The guidelines explain how the Semi-annually; Affected Public: Floor, Bethesda, MD 20814, Phone (301) Department intends to administer the Individuals or Households, Business or 594–4353. 340B program, further explain the other for profit, Not for profit EFFECTIVE DATE: October 24, 1996. statutory language by clarifying the institutions, Farms, Federal Government SUPPLEMENTARY INFORMATION: meaning given by the Department to and State, Local or Tribal Government; particular words of phrases, and do not (A) Background Number of Respondents: 596,241; Total exceed the purpose of 340B or conflict Annual Responses: 596,241; Total Proposed guidelines were announced with any of its provisions. We believe Annual Hours Requested: 2,325,449. in the Federal Register at 60 FR 39762 that these guidelines create no new law on August 3, 1995. A period of 30 days and create no new rights or duties; To request copies of the proposed was established to allow interested therefore, they are not subject to the paperwork collections referenced above, parties to submit comments. The Administrative Procedure Act’s call the Reports Clearance Office on Department received 15 letters requirement of notice and comment. (410) 786–1326. Written comments and including comments concerning legal Nevertheless, the Department chose to recommendations for the proposed authority for developing the proposed solicit and respond to public comment. information collections should be sent guidelines and a need for a more Comment: The Federal Register within 2 working days of this notice specific definition. Comments were notice has not complied with the 60 day directly to the OMB Desk Officer received on issues not within the scope comment period required by the Social designated at the following address: of the definition of covered entity Security Act, 42 U.S.C. 1395hh(b). OMB Human Resources and Housing ‘‘patient’’ and were not addressed. Response: Section 340B is part of the Branch, Attention: Allison Eydt, New The following section presents a Public Health Service Act, and its Executive Office Building, Room 10235, summary of all major comments implementation is not subject to the Washington, D.C. 20503. relevant to the definition of ‘‘patient’’ provisions of the Social Security Act. and a response to each comment. The Comment: The definition of a guidelines are adopted as proposed. ‘‘patient’’ is ambiguous and difficult to Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55157 administer from a drug diversion through prescription refills by using entities may not, at the present time, use standpoint. such services as mail order. The health records that comply with certain Response: The definition of a proposed patient definition should legal definitions of the term ‘‘medical ‘‘patient’’ was developed in order to require that a covered entity patient be record.’’ The wording permits the use of identify those individuals eligible to currently receiving care, and an health care documentation presently receive 340B drugs from covered additional section should be added to contained in a ‘‘medical record,’’ if such entities. Because of the large number of address the frequency of medical care. is the current health record system covered entities and the wide diversity Response: All covered entities must maintained by an entity. of eligible groups (e.g., hemophilia, HIV, establish a relationship with their Comment: The requirement in section black lung, migrant health, and family patients such that the entity will one of the patient definition that ‘‘the planning services), it was essential that maintain records of the individuals’ covered entity maintain records of the we work closely with each Federal health care. The entity will document in individual’s health care’’ could establish program office to develop a definition the record the care provided and, when a requirement that such health records flexible enough to describe accurately appropriate, the prescriptions written. It be centralized at one location. each covered entity’s patient while at would be inappropriate for the Response: The requirement that the same time not excluding eligible Department to proceed further and covered entities maintain the records of patients. In addition, not only dictate to health care providers an individual’s health care does not comments received in response to this guidelines regarding the establish a requirement that such health notice but also comments from prior appropriateness of certain prescriptions. records be centralized in one location. Federal Register notices (59 FR 25111, We understand that States typically Comment: The exclusion of May 13, 1994, and 59 FR 47886, regulate the refilling of prescriptions. individuals who receive no health care September 19, 1994) were incorporated Comment: Employees of covered services from the covered entity other into the definition. By using such input, entities should be either specifically than the dispensing of a drug for we are confident that the definition will precluded or included as eligible subsequent self-administration or assist covered entities and patients to receive discounted drug administration at home may exclude manufacturers in determining which products. otherwise legitimate patients from individuals are eligible to receive 340B Response: Any employee of a covered receiving ‘‘refills’’ of prescribed drugs. entity who meets the criteria of the medications previously authorized by Comment: Covered entities should be definition of covered entity ‘‘patient’’ the covered entity’s health care required to restrict purchases to drug would be eligible to access 340B provider. products that are directly related to the pricing. Response: A ‘‘refill’’ of a medication provision of services for which Federal Comment: Private patients of a previously prescribed by an authorized funding has been provided. physician who is under a contract to entity health care provider, as part of Response: We do not consider a provide services to a covered entity the health care services provided by the limitation on which drug products a should be considered patients of the covered entity, would meet the covered entity may purchase to be a entity. requirements of the patient definition. reasonable component of the definition Response: Entity health record The ‘‘refill’’ would be a continuation of of covered entity ‘‘patient.’’ To the documentation (section one of the responsibility for the health care extent that purchasing certain drugs patient definition) and responsibility for services provided by the covered entity. would contravene a Federal or State law care provided (section two of the patient The covered entity would document the or certain PHS grant principles (and this definition) must remain with the initial prescription for treatment in the information is brought to the covered entity. A physician, under record of health care, and the ‘‘refill’’ Department’s attention), the Department contract with a covered entity, may see would be part of the range of health care reserves the right to take such action as an individual and provide care for a services provided. it deems appropriate. medical indication. However, if care is Comment: The definition of a provided outside of the contractual (C) Definition of a Patient ‘‘patient’’ establishes a requirement that arrangement with the covered entity, the An individual is a ‘‘patient’’ of a a State must register eligible individuals individual would not be considered a covered entity (with the exception of who may then receive services for patient of the entity. State-operated or funded AIDS drug which funding has been provided under Comment: The pharmacy of a covered purchasing assistance programs) only if: Title II of the Ryan White Act of 1990. entity should be required to have access 1. the covered entity has established Response: The proposed patient to the records of the individual’s health a relationship with the individual, such definition does not impose a new care maintained by the entity. that the covered entity maintains requirement that States register Response: This type of requirement records of the individual’s health care; individuals as eligible for benefits under deals with the professional practice of and the Ryan White Act. Instead, the pharmacy and not with the issue of 2. the individual receives health care definition reflects the States’ current identification and clarification of who is services from a health care professional practice of recording and verifying or is not a patient. who is either employed by the covered patient eligibility through a registration Comment: The phrase in section one entity or provides health care under mechanism. An individual listed in a of the patient definition is not clear as contractual or other arrangements (e.g. State Ryan White Title II drug assistance to if ‘‘records of the individual’s health referral for consultation) such that program will, for purposes of the patient care’’ is equivalent to the term ‘‘medical responsibility for the care provided definition, be considered a patient of the record(s).’’ remains with the covered entity; and entity. Response: The phrase ‘‘records of the 3. the individual receives a health Comment: The definition would individual’s health care’’ was care service or range of services from the permit a patient to obtain one medical specifically used to avoid the term covered entity which is consistent with treatment from a covered entity at any ‘‘medical record,’’ as the latter term may the service or range of services for time in his or her lifetime and then have different meanings in various which grant funding or Federally- continue (forever) to purchase drugs locations. In addition, some covered qualified health center look-alike status 55158 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices has been provided to the entity. Management and Budget (OMB) for computer-assisted donor screening); (3) Disproportionate share hospitals are review and approval. Provide ‘‘pre-’’ (baseline) and ‘‘post-’’ exempt from this requirement. PROPOSED COLLECTION: Title: National (evaluation) measures for new donor An individual will not be considered Donor Research and Education Study-II. qualification procedures expected to a ‘‘patient’’ of the entity for purposes of Type of Information Collection Request: occur operationally at blood centers 340B if the only health care service NEW. Need and Use of Information within the time period of study received by the individual from the Collection: This study is the second including: deferral for intransal cocaine covered entity is the dispensing of a stage anonymous mail survey to be sent use in the past year; modification of the drug or drugs for subsequent self- to a random sample of blood donors at time period for sexual risk deferrals administration or administration in the five blood centers participating in the from ‘‘since 1977’’ to within the past 12 home setting. Retrovirus Epidemiology Donor Study (or 24) months; clarification of wording (REDS). In addition to monitoring the regarding sexual contact with ‘‘at-risk’’ An individual registered in a State safety of the U.S. blood supply, study individuals; and addition of questions operated or funded AIDS drug results will facilitate the development, about donating primarily for the purchasing assistance program receiving evaluation and refinement of purpose of receiving the tests results for financial assistance under title XXVI of educational, recruitment and the AIDS virus; (4) Assess changes in the PHS Act will be considered a qualification strategies for U.S. blood the prevalence and characteristics of ‘‘patient’’ of the covered entity for donors. The proposed new study will donors who report donating for purposes of this definition if so update and extend the unique findings therapeutic reasons (e.g., those with iron registered as eligible by the State obtained in the first blood donor survey storage disease), and donors who report program. so as to minimize the likelihood that donating primarily to receive test results Dated: October 21, 1996. donors with risk factors for transfusion- for the AIDS virus as a result of the Ciro V. Sumaya, transmitted diseases will participate in March 1996 implementation of HIV p24 Administrator, Health Resources and Services the blood donor pool. There is a strong antigen testing; (5) Determine the extent Administration. likelihood that, like the first survey to which active donors with reactive [FR Doc. 96–27344 Filed 10–23–96; 8:45 am] effort, the resulting findings will be tests for anti-HBc and syphilis have BILLING CODE 4160±15±P directly applied to blood banking increased levels of behavioral risks that operational practice. Specific objectives should have resulted in deferral; (6) of this survey are to: (1) Evaluate donor Measure the extent to which National Institutes of Health understanding and acceptance, and the seropositivity for current syphilis safety impact of newly-changed screening tests predicts a recent history National Heart, Lung, and Blood laboratory and donor screening of diagnosed syphilis: (7) Measure blood Institute; Proposed Collection; procedures that have been implemented donor knowledge of infectious disease Comment RequestÐNational Donor since the previous donor survey study risks and the behavioral factors that Research and Education Study-II (e.g. removal of the confidential unit should defer them from donating, to exclusion ‘‘CUE’’ process at two REDS identify weaknesses in the current SUMMARY: In compliance with the sites; additional questions about donor educational process; and (8) requirement of Section 3506(c)(2)(A) of Creutzfeldt-Jacob and parasitic diseases; Assess the attitudes of donors regarding the Paperwork Reduction Act of 1995, addition of HIV p24 antigen testing; establishment of stored frozen for opportunity for public comment on increased use of donation incentives); repositories from their donations, use of proposed data collection projects, the (2) Pilot test new donor screening these samples for future research testing National Heart, Lung and Blood procedures that are anticipated to occur designed to improve transfusion safety, Institute (NHLBI), the National within the next 12–24 months in order and the adequacy of different levels of Institutes of Health (NIH) will publish to estimate their efficacy, safety impact informed consent. Frequency of periodic summaries of proposed and donor acceptance (e.g. improved Response: One-time data collection. projects to be submitted to the Office of CUE procedures, implementation of Affected Public: Individuals.

Estimated Estimated total Estimated number of re- Average bur- annual burden Type of respondents number of re- sponses per den hours per hours re- spondents respondent responses quested

Blood donors ...... 38,500 1 .3333 12,832

The annualized cost to respondents is agency, including whether the appropriate automated, electronic, estimated at: $128,320 (based on $10 per information will have practical utility; mechanical or other technical collection hour). There are no Capital Costs to (2) The accuracy of the agency’s techniques or other forms of information report. There are no Operating or estimate of the burden of the proposed technology. Maintenance Costs to report. collection of information, including the FOR FURTHER INFORMATION: To request REQUEST FOR COMMENTS: Written validity of the methodology and more information on the proposed comments and/or suggestions from the assumptions used; (3) Ways to enhance project or to obtain a copy of the data public and affected agencies are invited the quality, utility, and clarity of the collection plans and instruments, on one or more of the following points: information to be collected; and (4) contact Dr. George J. Nemo, Group (1) Whether the proposed collection of Ways to minimize the burden of the Leader, Transfusion Medicine, information is necessary for the proper collection of information on those who Scientific Research Group, Division of performance of the function of the are to respond, including the use of Blood Diseases and Resources, NHLBI, Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55159

NIH, Two Rockledge Centre, Suite Affected Public: Individuals or best assured of having their full effect if 10042, 6701 Rockledge Drive, MSC households; not for profit institutions; received on or before December 23, 7950, Bethesda, MD 20892–7950, or call business or other for profit. Type of 1996. non-toll free number (301) 435–0075 or Respondents: Undergraduate and Dated: October 17, 1996. E-mail your request, including your graduate students, research faculty, and Shelia E. Merritt, address to: mentors. The annual reporting burden is Executive Officer, NHLBI. . as follows: Estimated Number of [FR Doc. 96–27328 Filed 10–23–96; 8:45 am] COMMENTS DUE DATE: Comments Respondents: 2,752; Estimated Number regarding this information collection are of Responses Per Respondent: 1; BILLING CODE 4140±01±M best assured of having their full effect if Average Burden Hours Per Response: received on or before December 23, Training grant director—1.00 hour, Proposed Collection; Comment 1996. research faculty—0.334 hours, accepted Request; Pilot Research for students—0.5 hours, and nonaccepted Dated: October 17, 1996. Epidemiologic Studies of Migrant and students—0.334 hours; and Estimated Shelia E. Merritt, Seasonal Farmworkers Executive Officer, NHLBI. Total Annual Burden Hours Requested: 1,210. The annualized cost to [FR Doc. 96–27327 Filed 10–23–96; 8:45 am] SUMMARY: In compliance with the respondents is estimated at: $27,928. BILLING CODE 4140±01±M requirement of Section 3506(c)(2)(A) of There are no Capital Costs to report. the Paperwork Reduction Act of 1995, There are no Operating or Maintenance for opportunity for public comment on National Heart, Lung, and Blood Costs to report. proposed data collection projects, the Institute; Proposed Collection; REQUEST FOR COMMENTS: Written National Cancer Institute (NCI), the Comment RequestÐEvaluation of the comments and/or suggestions from the National Institutes of Health (NIH) will NHLBI Short-Term Training for public and affected agencies are invited publish periodic summaries of proposed Minority Students Program on one or more of the following points: projects to be submitted to the Office of (1) Whether the proposed collection of SUMMARY: In compliance with the Management and Budget (OMB) for information is necessary for the proper requirement of Section 3506(c)(2)(A) of review and approval. performance of the function of the the Paperwork Reduction Act of 1995, agency, including whether the Proposed Collection for opportunity for public comment on information will have practical utility; proposed data collection projects, the Title: Pilot Research for (2) the accuracy of the agency’s estimate National Heart, Lung, and Blood Epidemiologic Studies of Migrant and of the burden of the proposed collection Institute (NHLBI), the National Seasonal Farmworkers. Type of Institutes of Health (NIH) will publish of information, including the validity of Information Collection Request: New. periodic summaries of proposed the methodology and assumptions used; Need and Use of Information Collection: projects to be submitted to the Office of (3) ways to enhance the quality, utility, A pilot study will be conducted to Management and Budget (OMB) for and clarity of the information to be evaluate the ability to trace farmworkers review and approval. collected; and (4) ways to minimize the over extended periods of time, to burden of the collection of information PROPOSED COLLECTION: Title: Evaluation determine cancer diagnosis and on those who are to respond, including of the NHLBI Short-Term Training for treatment patterns among migrant and the use of appropriate automated, Minority Students Program. Type of seasonal farmworkers, and to assess the electronic, mechanical, or other Information Collection Request: New. reliability of farm work histories from technological collection techniques or Need and Use of Information Collection: farmworkers and from their spouses. other forms of information technology. When the short-term training program The information will be used by the NCI was implemented, applicants were FOR FURTHER INFORMATION CONTACT: To to identify the most appropriate study provided broad guidance that enabled request more information on the design, case ascertainment procedures, them to structure their program in the proposed project or to obtain a copy of and exposure assessment methods for a manner they deemed most likely to the data collection plans and full-scale epidemiologic study of cancer accomplish the program objectives. The instruments, contact Ms. Barbara F. among migrant and seasonal proposed evaluation will assess the James, NHLBI Minority Programs farmworkers. Determining the feasibility effectiveness of the short-term training Coordinator, Office of Science and of using automated data collection program in meeting its objectives. The Technology, NHLBI, NIH, 31 Center techniques to obtain occupational results of the evaluation will be used to Drive, MSC 2482, Bethesda, Maryland histories from farmworkers will be part modify the program announcement to 20892, or call non-toll-free number (301) of this project. Frequency of Response: ensure that all elements identified as 402–3421 or E-mail your request, One-time study. Affected public: contributing to the success of a program including your address to: Individuals or households. Type of are part of all future short-term training . Respondents: Farmworkers and programs supported by the Institute. COMMENTS DUE DATE: Comments relatives. The annual reporting burden Frequency of Response: One-time only. regarding this information collection are is as follows:

Estimated Estimated Estimated Average total annual Type of respondents No. of re- No. of re- burden burden spondents sponses per hours for re- hours re- respondent sponse quested

Farmworkers ...... 77 1 .333 26 Farmworkers with family history of cancer ...... 67 1 .167 11 Farmworkers' relatives with cancer ...... 33 1 .333 11 Farmworkers and spouses ...... 53 1 1.000 53 55160 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Estimated Estimated Estimated Average total annual Type of respondents No. of re- No. of re- burden burden spondents sponses per hours for re- hours re- respondent sponse quested

Farmworker Opportunity Program Clients ...... 13,333 1 .167 2,227

Total ...... 2,327

There are no Capital Costs, Operating Submission for OMB Review; Number Number Avg. bur- Costs, and/or Maintenance Costs to Comment RequestÐUndergraduate of re- of re- den per report. Scholarship Program for Individuals sponses spond- per re- response from Disadvantaged Backgrounds ents (hrs) Request for Comments spondent Written comments and/or suggestions SUMMARY: Under the provisions of Applicant 500 1 3 from the public and affected agencies Section 3506(c)(2)(A) of the Paperwork Under- gradu- are invited on one or more of the Reduction Act of 1995, the Office of the Director, National Institutes of Health ate In- following points: (1) Whether the (NIH), has submitted to the Office of stitution 500 1 0.5 proposed collection or information is Management and Budget (OMB) a Recomm- enders 750 1 0.5 necessary for the proper performance of request for review and approval of the the function of the agency, including information collection listed below. The annualized cost to respondents is whether the information will have This proposed information collection estimated at $34,798. There are no practical utility; (2) The accuracy of the was previously published in the Federal capital costs to report. There are no agency’s estimate of the burden of the Register on March 22, 1996, page 11851, operating or maintenance costs to proposed collection of information, with 60 days allowed for public report. including the validity of the comment. No public comments were methodology and assumptions used; (3) received. The purpose of this notice is REQUEST FOR COMMENTS: Written Ways to enhance the quality, utility, and to allow an additional 30 days for public comments and/or suggestions from the clarity of the information to be comment. The NIH may not conduct or public and affected agencies are invited collected; and (4) Ways to minimize the sponsor, and the respondent is not on one or more of the following points: burden of the collection of information required to respond to, an information (1) Whether the proposed collection of on those who are to respond, including collection that has been extended, information is necessary for the proper the use of appropriate automated, revised, or implemented on or after performance of the function of the electronic, mechanical, or other October 1, 1995, unless it displays a agency, including whether the technological collection techniques or currently valid OMB control number. information will have practical utility; (2) The accuracy of the agency’s other forms of information technology. PROPOSED COLLECTION: Title: The estimate of the burden of the proposed For Further Information National Institutes of Health collection of information, including the Undergraduate Scholarship Program for validity of the methodology and To request more information on the Individuals from Disadvantaged assumptions used; (3) Ways to enhance proposed project or to obtain a copy of Backgrounds Application. Type of the quality, utility and clarity of the the data collection plans and Information Collection Request: New, information to be collected; and (4) instruments, contact Dr. Shelia Hoar Need and Use of Information Collection: Ways to minimize the burden of the Zahm, Project Officer, National Cancer This information collection is needed by collection of information on those who Institute, Executive Plaza North, Room the NIH to determine eligibility and are to respond, including the use of 418, Rockville, Maryland 20892–7364, assess applicant qualifications for the appropriate automated, electronic, or call non-toll-free number (301) 496– Undergraduate Scholarship Program for mechanical, or other technological 9093, or FAX your request to (301) 402– Individuals from Disadvantaged collection techniques or other forms of 1819, or E-mail your request, including Backgrounds (UGSP). information technology. your address, to The UGSP intends to provide service- DIRECT COMMENTS TO OMB: Written [email protected]. conditioned scholarships, in an amount comments and/or suggestions regarding not to exceed $20,000 per academic the item(s) contained in this notice, Comments Due Date year, toward expenses associated with especially regarding the estimated Comments regarding this information full-time attendance at an accredited public burden and associated response collection are best assured of having undergraduate institution. UGSP time, shall be directed to the: Office of their full effect if received on or before recipients must be from disadvantaged Management and Budget, Office of December 23, 1996. backgrounds, meet academic eligibility Regulatory Affairs, New Executive criteria, and demonstrate a commitment Office Building, Room 10235, Dated: October 11, 1996. to the pursuit of a career in biomedical Washington, D.C. 20503, Attention: Nancy L. Bliss, research at the NIH. Frequency of Desk Officer for NIH. To request more OMB Project Clearance Liaison. Responses: On occasion. Affected information on the proposed project or [FR Doc. 96–27332 Filed 10–23–96; 8:45 am] Public: Individuals and Small to obtain a copy of the data collection plans and instruments, contact Marc S. BILLING CODE 4140±01±M Businesses. Type of Respondents: U.S. citizens, permanent residents or Horowitz, J.D., Office of Loan nationals. The annual reporting burden Repayment and Scholarship, National is as follows: Institutes of Health, 7550 Wisconsin Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55161

Avenue, Room 604, Bethesda, MD inhibiting HIV–1 infection in T proteins MAP30 and GAP31 are 20892–9121, or call (301) 402–5666 (this lymphocytes and monocytes as well as biologically active,’’ XI International is not a toll-free number), or e-mail your replication of HIV–1 in infected cells, Conference on AIDS (abstract) and Lee- request, including your address, to yet is not toxic to normal uninfected Huang, S., et al., ‘‘Inhibition of the , or access the cells. The biological properties of MAP integrase of human immunodeficiency Scholarship Office on the Internet at 30 include: (1) N-glycosidase activity on virus (HIV) by anti-HIV plant proteins . activity on plasmid and viral DNAs Sci. 92: 8818–8822 (1995). The cloning COMMENTS DUE DATE: Comments including HIV–1 LTRs; and (3) dose- and expression of the genes encoding regarding this information collection are dependent inhibition of HIV–1 biologically active recombinant GAP31, best assured of having their full effect if integrase. Three recent publications and DAP 30 and 32 provides an received on or before November 25, describing MAP 30 are: Lee-Huang, et abundant source of homogeneous 1996. al., ‘‘Proteolytic fragments of anti-HIV material for clinical investigations. The proteins MAP30 and GAP31 are Dated: October 16, 1996. patent discloses purified natural and biologically active,’’ XI International recombinant proteins, processes for Ruth L. Kirschstein, Conference on AIDS (abstract); Lee- Deputy Director, NIH. purifying the proteins, DNA sequences Huang, S., et al., ‘‘Inhibition of the encoding the proteins, and recombinant [FR Doc. 96–27326 Filed 10–23–96; 8:45 am] integrase of human immunodeficiency methods for expressing the proteins. BILLING CODE 4140±01±M virus (HIV) by anti-HIV plant proteins Foreign patent rights are available in MAP30 and GAP31,’’ Proc. Natl. Acad. Australia, Canada, Europe, and Japan. Sci. 92: 8818–8822 (1995); and Lee- Government-Owned Inventions; (portfolio: Infectious Diseases— Huang, S., et al., ‘‘Anti-HIV and anti- Therapeutics, anti-virals, AIDS) Availability for Licensing tumor activities of recombinant MAP30 AGENCY: National Institutes of Health, from bitter melon,’’ Gene 161: 151–156 An Anti-HIV Protein, TAP 29, From HHS. (1995). The cloning and expression of Trichosanthes, DNA Coding Therefor ACTION: Notice. the gene encoding biologically active and Therapeutic Uses Thereof recombinant MAP30 provides an The inventions referenced below are abundant source of homogeneous Sylvia Lee-Huang, et al. owned by an agency of the U.S. material for clinical investigations. The U.S. Patent Application 08/275,327 filed Government and are available for patent discloses purified natural and October 26, 1992 licensing in the U.S. in accordance with recombinant protein, processes for 35 U.S.C. 207 to achieve expeditious purifying the protein, DNA sequences TAP 29, a 29 kDA protein which may commercialization of results of encoding the protein, and recombinant be purified from the root tuber of the federally-funded research and methods for expressing the protein. plant Trichosanthes kirilowii or development. Foreign patent Foreign patent rights are available in produced by recombinant DNA applications are filed on selected Australia, Canada, Europe, and Japan. technology, is useful in treating HIV inventions to extend market coverage (portfolios: Infectious Diseases— infection and also exhibits anti-tumor for U.S. companies and may also be Therapeutics, anti-virals, AIDS; activity. TAP 29 is a single-chain available for licensing. Cancer—Therapeutics, other) ribosome-inactivating protein (SCRIP) which inactivates ribosomes in cell-free ADDRESSES: Licensing information and a Anti-HIV Proteins GAP 31, DAP 30 and systems but is relatively nontoxic to copy of the patent application and DAP 32 and Therapeutic Uses Thereof issued patents may be obtained by intact cells. TAP 29 has anti-HIV contacting Elaine Gese at the Office of Sylvia Lee-Huang, et al. activity equivalent to trichosanthin but Technology Transfer, National Institutes U.S. Patent 5,317,009 issued May 31, has a lower in vitro toxicity with a of Health, 6011 Executive Boulevard, 1995 therapeutic index of approximately Suite 325, Rockville, Maryland 20852– GAP 31, a 31 kDa protein, and DAP 5000. The cloning and expression of the 3804 (telephone 301/496–7056 ext 282; 30 and 32, 30 and 32 kDa proteins, gene encoding biologically active fax 301/402–0220). A signed respectively, which may be purified recombinant TAP 29 provides an Confidential Disclosure Agreement will from extracts of Gelonium multiflorum abundant source of homogeneous be required to receive a copy of the (a medicinal plant) and Dianthus material for clinical investigations. TAP patent application. caryophyllus (carnation), respectively, 29 is further described in ‘‘TAP 29: An or produced by recombinant DNA anti-human immunodeficiency virus Plant Protein Useful for Treating technology, are useful in treating HIV protein from Trichosanthes kirilowii Tumors and HIV Infection infection. GAP 31 also exhibits anti- that is nontoxic to intact cells,’’ Proc. Sylvia Lee-Huang, et al. tumor activity. These proteins belong to Natl. Acad. Sci. 88: 6570 (1991) and U.S. Patent 5,484,889 issued January 16, the family of single-chain ribosome- ‘‘Plant proteins with antiviral activity 1996 inactivating proteins (SCRIPS), which against human immunodeficiency MAP 30, a 30 kDa basic protein, inactive ribosomes in cell-free systems virus,’’ in Natural Products as Antiviral which may be purified from Momordica but are relatively nontoxic to intact Agents (C.K. Chu, ed., 1992). The charantia fruit or seed extracts or cells. The biological properties of GAP natural protein, the DNA coding produced by recombinant DNA 31 include: (1) N-glycosidase activity on therefore, an antibody specific therefore, technology, is useful in treating HIV 28S ribosomal RNA; (2) topological a method for purifying the natural infection and cancer. M. charantia, activity on plasmid and viral DNAs protein, and the recombinant protein are commonly known as bitter melon, is a including HIV–1 LTRs; and (3) dose- provided. Foreign patent rights are medicinal plant whose extracts have dependent inhibition of HIV–1 available in Australia, Canada, Europe, been used for centuries in China and integrase. Two recent publications and Japan. (portfolio: Infectious Southeast Asia as antiinfection and concerning GAP 31 are: Lee-Huang, et Diseases—Therapeutics, anti-virals, antitumor agents. MAP 30 is capable of al., ‘‘Proteolytic fragments of anti-HIV AIDS) 55162 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Dated: October 11, 1996. Place: The New O’Tani, 120 S. Los Angeles Name of Committee: National Center for Barbara M. McGarey, Street, Los Angeles, California 90012, (213) Human Genome Research Special Emphasis Deputy Director, Office of Technology 629–1200. Panel 01. Contact Person: Dr. John Lymangrover, Transfer. Date: November 4, 1996. Scientific Review Administrators, 6705 Time: 11:00 am. [FR Doc. 96–27331 Filed 10–23–96; 8:45 am] Rockledge Drive, MSC 7965, Room 6018, Place: NIH, Natcher (Building 45), Room BILLING CODE 4140±01±M Bethesda, MD 20892–7965, (301) 435–0820. F1, 9000 Rockville Pike, Bethesda, Maryland. This notice is being published less Contact Person: Rudy Pozzatti, Ph.D., Office of Scientific Review, National Center than 15 days prior to the above meeting Notice of Meeting of the NIH Director's for Human Genome Research, National Advisory Panel on Clinical Research due to the urgent need to meet timing Institutes of Health, Building 38A, Room 604, limitations imposed by the review and Bethesda, Maryland 20892, (301) 402–0838. Notice is hereby given that the NIH funding cycle. The meetings will be closed in accordance Director’s Advisory Panel on Clinical Name of SEP: General Clinical Research with the provisions set forth in sections Research, a group reporting to the Centers. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. The Advisory Committee to the Director Date: January 21–22, 1997. applications and/or contract proposals, and (ACD), National Institutes of Health Time: 7:45 a.m.—until adjournment. the discussions could reveal confidential (NIH), will meet in public session at the Place: Doubletree Hotel Albuquerque, 201 trade secrets or commercial property such as Marquette N.W., Albuquerque, New Mexico patentable material, and personal William H. Natcher Building (Building information concerning individuals 45) Conference Center, Conference 87102, (505) 247–3344. Contact Person: Dr. Charles Hollingsworth, associated with applications, the disclosure Room E1/E2, National Institutes of Scientific Review Administrators, 6705 of which would constitute a clearly Health, Bethesda, Maryland 20892, on Rockledge Drive, MSC 7965, Room 6018, unwarranted invasion of personal privacy. November 5, 1996 from 8:30 a.m. until Bethesda, MD 20892–7965, (301) 435–0820. This notice is being published less than approximately 12:30 p.m. Purpose/Agenda: To evaluate and review fifteen days prior to the meeting due to the The goal of the Panel is to review the grant applications. urgent need to meet timing limitations imposed by the review and funding cycle. status of clinical research in the United The meetings will be closed in (Catalogue of Federal Domestic Assistance States, and to make recommendations to accordance with the provisions set forth the ACD about how to ensure its Program No. 93.172, Human Genome in sections 552b(c)(4) and 552b(c)(6), Research) effective continuance. Topics to be Title 5, U.S.C. Applications and/or Dated: October 16, 1996. considered at this meeting are proposals and the discussions could Paula N. Hayes, subcommittee reports and a discussion reveal confidential trade secrets or Acting Committee Management Officer, NIH. of the proposed report to be presented commercial property such as patentable by the Panel Chair to the ACD in material and personal information [FR Doc. 96–27330 Filed 10–23–96; 8:45 am] December 1996. concerning individuals associated with BILLING CODE 4140±01±M Individuals who plan to attend and the applications and/or proposals, the need special assistance, such as sign disclosure of which would constitute a National Heart, Lung, and Blood language interpretation or other special clearly unwarranted invasion of Institute; Notice of Closed Meeting accommodations, should contact the personal property. person named below in advance of the (Catalog of Federal Domestic Assistance Pursuant to Section 10(d) of the meeting. Federal Advisory Committee Act, as Attendance may be limited to seat Program No. 93.333, Clinical Research, National Institutes of Health, HHS) amended (5 U.S.C. Appendix 2), notice availability. If you plan to attend the is hereby given of the following Initial meeting as an observer or if you wish Dated: October 17, 1996. Review Group (IRG) meeting: additional information, please contact Paula N. Hayes, Mrs. Janet Smith, National Institutes of Acting Committee Management Officer, NIH. Name of IRG: Heart, Lung, and Blood Health, Building 10, Room 1C–116, 10 [FR Doc. 96–27320 Filed 10–23–96; 8:45 am] Program Project Review Committee. Date: December 5–6, 1996. Center Drive, MSC 1154, Bethesda, BILLING CODE 4140±01±M Place: Holiday Inn Chevy Chase, 5520 Maryland 20892–1154, telephone (301) Wisconsin Avenue, Chevy Chase, Maryland 402–3444, fax (301) 402–3443, by National Center for Human Genome 20815. October 28, 1996. Contact Person: Dr. Jeffrey H. Hurst, Research; Notice of Closed Meetings Dated: October 16, 1996. Scientific Review Administrator, NHLBI/ Review Branch, 6701 Rockledge Drive, Rm. Ruth L. Kirschstein, Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 7208, Bethesda, Maryland 20892, (301) 435– Deputy Director, NIH. 0303. [FR Doc. 96–27329 Filed 10–23–96; 8:45 am] amended (5 U.S.C. Appendix 2), notice Purpose/Agenda: To review and evaluate is hereby given of the following BILLING CODE 4140±01±M program project grant applications. meetings: The meeting will be closed in Agenda/Purpose: To review and evaluate accordance with the provisions set forth National Center for Research grant applicants and/or contract proposals. in sections 552b(c)(4) and 552b(c)(6), Resources; Notice of Closed Meetings Name of Committee: National Center for Human Genome Research Initial Review Title 5, U.S.C. Applications and the Pursuant to Section 10(d) of the Group, Genome Research Review discussions could reveal confidential Federal Advisory Committee Act, as Subcommittee. trade secrets or commercial property amended (5 U.S.C. Appendix 2), notice Date: November 4, 1996. such as patentable material and is hereby given of the following Time: 8:30 am. personal information concerning National Center for Research Resources Place: NIH, Natcher (Building 45), Room individuals associated with the F1, 9000 Rockville Pike, Bethesda, Maryland. Special Emphasis Panel (SEP) meetings: applications, the disclosure of which Contact Person: Rudy Pozzatti, Ph.D., would constitute a clearly unwarranted Name of SEP: General Clinical Research Office of Scientific Review, National Center Centers. for Human Genome Research, National invasion of personal privacy. Date: November 6–8, 1996. Institutes of Health, Building 38A, Room 604, (Catalog of Federal Domestic Assistance Time: 3:00 p.m.—until adjournment. Bethesda, Maryland 20892, (301) 402–0838. Programs Nos. 93.837, Heart and Vascular Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55163

Diseases Research; 93.838, Lung Diseases Dated: October 18, 1996. Time: 11 a.m. Research; and 93.839, Blood Diseases and Paula N. Hayes, Place: Parklawn Building, Room 9C–26, Resources Research, National Institutes of Acting Committee Management Officer, NIH. 5600 Fishers Lane, Rockville, MD 20857. Health.) [FR Doc. 96–27321 Filed 10–23–96; 8:45 am] Contact Person: Phyllis D. Artis, Parklawn Building, Room 9C–26, 5600 Fishers Lane, Dated: October 18, 1996. BILLING CODE 4140±01±M Paula N. Hayes, Rockville, MD 20857, Telephone: 301, 443– 6470. Acting Committee Management Officer, NIH. Committee Name: National Institute of [FR Doc. 96–27322 Filed 10–23–96; 8:45 am] National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Mental Health Special Emphasis Panel. BILLING CODE 4140±01±M Meeting Date: November 15, 1996. Time: 3 p.m. Pursuant to Section 10(d) of the Place: Parklawn Building, Room 9C–26, National Institute of Dental Research; Federal Advisory Committee Act, as 5600 Fishers Lane, Rockville, MD 20857. Notice of Meeting of Board of Scientific amended (5 U.S.C. Appendix 2), notice Contact Person: Phyllis D. Artis, Parklawn Counselors is hereby given of the following Building, Room 9C–26, 5600 Fishers Lane, meeting: Rockville, MD 20857, Telephone: 301, 443– Pursuant to Public Law 92–463, 6470. notice is hereby given of a meeting of Purpose/Agenda: To review and evaluate a program project application. Committee Name: National Institute of the Board of Scientific Counselors, Name of Committee: National Institute on Mental Health Special Emphasis Panel. National Institute of Dental Research, on Alcohol Abuse and Alcoholism Special Date: November 20, 1996. December 5–6, 1996, in Building 30, Emphasis Panel. Time: 2 p.m. Dates of Meeting: November 25, 1996. Trendley Dean Conference Room, Place: Parklawn Building, Room 9C–26, National Institutes of Health, Bethesda, Time: 8:30 a.m. to 5:00 p.m. Place of Meeting: Double Tree Hotel, 1750 5600 Fishers Lane, Rockville, MD 20857. Maryland. The meeting will be open to Contact Person: Sheri L. Schwartzback, the public from 9:00 a.m. to 5:00 p.m. Rockville Pike, Rockville, MD 20852. Contact Person: Antonio Noronha, Ph.D., Parklawn Building, Room 9C–26, 5600 on December 5 for the Clinical 600 Executive Blvd., Suite 409, Bethesda, MD Fishers Lane, Rockville, MD 20857, Investigations and Patient Care Branch 20892–7003, 301–443–9419. Telephone: 301, 443–4843. presentations and from 8:30 a.m. to The meeting will be closed in Committee Name: National Institute of 12:00 noon on December 6 for accordance with the provisions set forth Mental Health Special Emphasis Panel. presentations, a tour of the facilities and in sections 552b(c)(4) and 552b(c)(6), Date: November 21, 1996. poster presentations. Attendance by the Title 5 U.S.C. Applications and/or Time: 4 p.m. public will be limited to space available. proposals and the discussions could Place: Parklawn Building, Room 9C–26, In accordance with the provisions set reveal confidential trade secrets or 5600 Fishers Lane, Rockville, MD 20857. forth in section 552b(c)(6), Title 5, commercial property such as patentable Contact Person: Phyllis D. Artis, Parklawn U.S.C. and section 10(d) of Public Law material, and personal information Building, Room 9C–26, 5600 Fishers Lane, 92–463, the meeting will be closed to concerning individuals associated with Rockville, MD 20857, Telephone: 301, 443– the public from 5:00 p.m. until recess on the applications and/or proposals, the 6470. December 5 and from 12:00 noon until disclosure of which would constitute a Committee Name: National Institute of adjournment on December 6 for the clearly unwarranted invasion of Mental Health Special Emphasis Panel. review, discussion, and evaluation of personal privacy. Date: November 22, 1996. individual programs and projects Time: 2 p.m. (Catalog of Federal Domestic Assistance Place: Parklawn Building, Room 9C–26, conducted by the National Institute of Program No. 93.271, Alcohol Research Career 5600 Fishers Lane, Rockville, MD 20857. Dental Research (NIDR), including Development Awards for Scientists and consideration of personnel Clinicians; 93.272, Alcohol National Contact Person: Jean G. Noronha, Parklawn qualifications and performance, the Research Service Awards for Research Building, Room 9C–26, 5600 Fishers Lane, competence of individual investigators, Training; 93.273, Alcohol Research Programs; Rockville, MD 20857, Telephone: 301, 443– and similar items, the disclosure of 93.891, Alcohol Research Center Grants; 6470. which would constitute a clearly National Institutes of Health.) The meetings will be closed in unwarranted invasion of personal Dated: October 18, 1996. accordance with the provisions set forth privacy. Paula N. Hayes, in sections 552b(c)(4) and 552b(c)(6), Mr. Brent Jaquet, Director, Office of Acting Committee Management Officer, NIH. Title 5, U.S.C. Applications and/or Planning, Evaluation, and [FR Doc. 96–27323 Filed 10–23–96; 8:45 am] proposals and the discussions could Communications, NIDR, NIH, Building BILLING CODE 4140±01±M reveal confidential trade secrets or 31, Room 2C34, Bethesda, Maryland commercial property such as patentable 20892 (telephone: 301–496–6705; e- material and personal information National Institute of Mental Health; mail: [email protected]) will concerning individuals associated with Notice of Closed Meetings provide a summary of the meeting, the applications and/or proposals, the roster of committee members and Pursuant to Section 10(d) of the disclosure of which would constitute a substantive program information. Federal Advisory Committee Act, as clearly unwarranted invasion of Individuals who plan to attend and amended (5 U.S.C. Appendix 2), notice personal privacy. need special assistance, such as sign is hereby given of the following (Catalog of Federal Domestic Assistance language interpretation or other meetings of the National Institute of Program Numbers 93.242, 93.281, 93.282) reasonable accommodations, should Mental Health Special Emphasis Panel: contact the Executive Secretary listed Dated: October 18, 1996. Agenda/Purpose: To review and evaluate Paula N. Hayes, above in advance of the meeting. grant applications. Acting Committee Management Officer, NIH. (Catalog of Federal Domestic Assistance Committee Name: National Institute of Program No. 93.121, Oral Diseases and Mental Health Special Emphasis Panel. [FR Doc. 96–27324 Filed 10–23–96; 8:45 am] Disorders Research) Date: November 13, 1996. BILLING CODE 4140±01±M 55164 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Division of Research Grants; Notice of Contact Person: Dr. Tim Henry, Scientific Contact Person: Dr. Martin Slater, Closed Meetings Review Administrator 6701 Rockledge Drive, Scientific Review Administrator, 6701 Room 4180 Bethesda, Maryland 20892 (301) Rockledge Drive, Room 4184, Bethesda, Pursuant to Section 10(d) of the 435–1147. Maryland 20892, (301) 435–1149. Federal Advisory Committee Act, as Name of SEP: Chemistry and Related Name of SEP: Microbiological and Sciences. amended (5 U.S.C. Appendix 2), notice Immunological Sciences. Date: November 15, 1996. is hereby given of the following Division Date: December 12, 1996. Time: 1:00 p.m. of Research Grants Special Emphasis Time: 1:00 p.m. Panel (SEP) meetings: Place: NIH, Rockledge 2, Room 4154, Telephone Conference. Place: NIH, Rockledge 2, Room 4184, Purpose/Agenda: To review individual Contact Person: Dr. Gopa Rakhit, Scientific Telephone Conference. grant applications. Review Administrator 6701 Rockledge Drive, Contact Person: Dr. Martin Slater, Name of SEP: Biological and Physiological Room 4154 Bethesda, Maryland 20892 (301) Scientific Review Administrator, 6701 Sciences. 435–1721. Rockledge Drive, Room 4184, Bethesda, Date: November 5, 1996. Name of SEP: Chemistry and Related Maryland 20892, (301) 435–1149. Time: 11:00 a.m. Sciences. Place: NIH, Rockledge 2, Room 5200, Purpose/Agenda: To review Small Date: November 17–19, 1996. Telephone Conference. Business Innovation Research. Time: 8:30 a.m. Contact Person: Dr. Bob Weller, Scientific Name of SEP: Behavioral and Place: Hyatt Regency, Oak Brook, IL. Review Administrator, 6701 Rockledge Drive, Neurosciences. Contact Person: Dr. Marjam Behar, Room 5200, Bethesda, Maryland 20892, (301) Scientific Review Administrator 6701 Date: November 14, 1996. 435–1259. Rockledge Drive, Room 5218 Bethesda, Time: 8:30 a.m. Name of SEP: Biological and Physiological Maryland 20892 (301) 435–1180. Place: Holiday Inn, Silver Spring, MD. Sciences. Name of SEP: Clinical Sciences. Contact Person: Dr. Jane Hu, Scientific Date: November 6, 1996. Date: November 19, 1996. Review Administrator, 6701 Rockledge Drive, Time: 8:30 a.m. Time: 8:00 a.m. Room 5168, Bethesda, Maryland 20892, (301) Place: NIH, Rockledge 2, Room 5142, 435–1245. Telephone Conference. Place: Holiday Inn, Chevy Chase, MD. Contact Person: Dr. Camilla Day, Scientific Contact Person: Dr. Gopal Sharma, Name of SEP: Microbiological and Review Administrator, 6701 Rockledge Drive, Scientific Review Administrator 6701 Immunological Sciences. Room 5142, Bethesda, Maryland 20892, (301) Rockledge Drive, Room 4112 Bethesda, Date: November 15, 1996. Maryland 20892 (301) 435–1783. 435–1024. Time: 8:30 a.m. Name of SEP: Biological And Physiological This notice is being published less Place: Holiday Inn, Chevy Chase, MD. Sciences. Contact Person: Dr. Mohinder Poonian, than 15 days prior to the above meetings Date: November 21, 1996. Scientific Review Administrator, 6701 due to the urgent need to meet timing Time: 9:00 a.m. limitations imposed by the grant review Place: Holiday Inn, Chevy Chase, MD. Rockledge Drive, Room 4198, Bethesda, and funding cycle. Contact Person: Ms. Carol Campbell, Maryland 20892, (301) 435–1218. Scientific Review Administrator 6701 Name of SEP: Microbiological and Name of SEP: Biological and Physiological Rockledge Drive, Room 5196 Bethesda, Immunological Sciences. Sciences. Maryland 20892 (301) 435–1257. Date: November 12, 1996. Date: November 20–21, 1996. Time: 11:00 a.m. Name of SEP: Clinical Sciences. Time: 8:30 a.m. Place: Holiday Inn-National Airport, Date: December 5, 1996. Place: Holiday Inn, Chevy Chase, MD. Arlington, VA. Time: 10:00 a.m. Contact Person: Dr. Gerald Liddel, Contact Person: Dr. Everett Sinnett, Place: NIH, Rockledge 2, Room 4214, Scientific Review Administrator, 6701 Scientific Review Administrator, 6701 Telephone Conference. Rockledge Drive, Room 4186, Bethesda, Contact Person: Dr. Dan McDonald, Rockledge Drive, Room 5124, Bethesda, Maryland 20892, (301) 435–1150. Maryland 20892, (301) 435–1016. Scientific Review Administrator, 6701 Rockledge Drive, Room 4214, Bethesda, Name of SEP: Microbiological and The meetings will be closed in Maryland 20892, (301) 435–1215. Immunological Sciences. accordance with the provisions set forth Date: November 14, 1996. Name of SEP: Clinical Sciences. in sections 552b(c)(4) and 552b(c)(6), Time: 10:00 a.m. Date: December 9, 1996. Time: 8:00 a.m. Title 5, U.S.C. Applications and/or Place: NIH, Rockledge 2, Room 4180, proposals and the discussions could Telephone Conference. Place: Double Tree Hotel, Rockville, MD. Contact Person: Dr. Tim Henry, Scientific Contact Person: Dr. Gopal Sharma, reveal confidential trade secrets or Review Administrator, 6701 Rockledge Drive, Scientific Review Administrator, 6701 commercial property such as patentable Room 4180, Bethesda, Maryland 20892, (301) Rockledge Drive, Room 4112, Bethesda, material and personal information 435–1147. Maryland 20892, (301) 435–1783. concerning individuals associated with Name of SEP: Microbiological and Name of SEP: Microbiological and the applications and/or proposals, the Immunological Sciences. Immunological Sciences. disclosure of which would constitute a Date: November 14, 1996. Date: December 10, 1996. clearly unwarranted invasion of Time: 1:00 p.m. Time: 1:00 p.m. personal privacy. Place: NIH, Rockledge 2, Room 4184, Place: NIH, Rockledge 2, Room 4180, (Catalog of Federal Domestic Assistance Telephone Conference. Telephone Conference. Program Nos. 93.306, 93.333, 93.337, 93.393– Contact Person: Dr. Tim Henry, Scientific Contact Person: Dr. Martin Slater, Review Administrator 6701 Rockledge Drive Scientific Review Administrator, 6701 93.396, 93.837–93.844, 93.846–93.878, Room 4180 Bethesda, Maryland 20892 (301) Rockledge Drive, Room 4184, Bethesda, 93.892, 93.893, National Institutes of Health, 435–1147. Maryland 20892, (301) 435–1149. HHS) Name of SEP: Microbiological and Name of SEP: Microbiological and Dated: October 17, 1996. Immunological Sciences. Immunological Sciences. Paula N. Hayes, Date: November 15, 1996. Date: December 11, 1996. Acting Committee Management Officer, NIH. Time: 10:00 a.m. Time: 1:00 p.m. Place: NIH, Rockledge 2, Room 4180, Place: NIH, Rockledge 2, Room 4184, [FR Doc. 96–27319 Filed 10–23–96; 8:45 am] Telephone Conference. Telephone Conference. BILLING CODE 4140±01±M Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55165

Public Health Service mailings from the NTP Liaison Office given in the far right column of the will target persons and organizations table. Copies of the draft introduction National Toxicology Program; National who have requested to be on a mailing for the 8th BRC, or copies of a draft Toxicology Program (NTP) Board of list for NTP information and specifically summary document which contains the Scientific Counselors' Meeting; Review for information regarding the BRC. A list background data and information used of Substances for Listing in the 8th of new petitions for listing or delisting, to evaluate the nomination for listing a Biennial Report on Carcinogens soliciting public comment, will be substance may be obtained, as available, disseminated through the same media. from: Dr. C. W. Jameson, Biennial Background Report on Carcinogens, MD WC–05, November 18–19 Meeting The Director, NTP, initiated a public P.O. Box 12233, Research Triangle Park, review in 1994 of the process for Pursuant to Public Law 92–463, NC 27709 (919/541–4096; FAX 919/ preparation of the Biennial Report on notice is hereby given of the next 541–2242). Carcinogens (BRC) to broaden input to meeting of the NTP Board of Scientific its preparation, broaden the scope of Counselors’ Biennial Report on Public Comment scientific review associated with the Carcinogens Subcommittee to be held in Persons wanting to make a formal Report, and provide review of the the Conference Center, Building 101, presentation concerning proposed criteria used for inclusion of substances South Campus, National Institute of changes to the BRC or regarding a in the BRC. As a result of an extensive Environmental Health Sciences particular nominated substance must public as well as Federal interagency (NIEHS), 111 Alexander Drive, Research notify the Executive Secretary, Dr. Larry review, the criteria were revised with Triangle Park, North Carolina. The G. Hart, by telephone, by FAX, or by the revised criteria recently approved by meeting will begin at 8:30 a.m. and is mail (see contact information below) no the Secretary, Department of Health and open to the public. The agenda topic is later than November 13, 1996. A written Human Services, (Federal Register Vol. the peer review of substances copy of comments is requested in 61, No. 188, 50499–50500). The major nominated for listing in the 8th Biennial advance of the meeting so that copies change in the BRC which will occur as Report on Carcinogens. Also under can be distributed to all Subcommittee a result of the criteria revision will be review will be revisions to the members and staff and made available at to include consideration of all relevant Introduction to the 8th BRC and changes the meeting. Written statements should information, including mechanistic to the structure of the report. These supplement and may expand upon the data, in the decision to list substances include a.) the addition of a table of oral presentation. Oral presentations in or delist substances from future substances considered, but rejected for must be limited to no more than five volumes of the BRC. To broaden the inclusion in the BRC as known or minutes. In lieu of an oral presentation, scope of scientific review, a new reasonably anticipated human written statements may be submitted. standing subcommittee of the NTP carcinogens and b.) the addition of a These should be received by the Board of Scientific Counselors was table of substances nominated but not Executive Secretary by November 13. established and held an organizational yet reviewed for listing in a subsequent The program would welcome and informational meeting on May 8, Report. There will also be a review of receiving carcinogenesis information 1996. The Biennial Report on the reference in the draft 8th BRC from completed, ongoing, or planned Carcinogens (BRC) Subcommittee will Introduction to certain manufacturing studies, as well as current production meet once or twice a year, in public processes and occupations which the data, human exposure information, and session, to review nominations for International Agency for Research on use patterns for any of the substances listing and/or delisting substances and Cancer (IARC) has determined are listed in this announcement. Please to receive public comments. A associated with increased incidences of contact Dr. C. W. Jameson at the address November 18 and 19, 1996, meeting will cancer in workers in these settings but given above. be the first where review of nominations which do not qualify for formal review Upon request the Executive Secretary, takes place. Finally, to broaden input to for BRC listing because no specific Dr. Larry G. Hart, P.O. Box 12233, preparation of the BRC, the NTP will agent, substance or mixture has been Research Triangle Park, North Carolina use a number of mechanisms to identified with the exposures involved. 27709 (telephone 919/541–3971; FAX communicate to the public the revised This will include a discussion of the 919/541–0295), will furnish an agenda criteria and the process for listing and appropriateness of having this reference and a roster of Subcommittee members delisting substances in the BRC, and to in the BRC and, if so, should it remain prior to the meeting. Summary minutes solicit nominations for listing or in the Introduction or be listed subsequent to the meeting will be delisting. Announcements will be separately in an appendix in the Report. available upon request. published in the Federal Register and Tentatively scheduled to be peer Attachment appropriate publications such as the reviewed on November 18–19 are 15 NIEHS journal, Environmental Health substances, listed alphabetically, along Dated: October 16, 1996. Perspectives, and various trade with supporting information in the Kenneth Olden, publications and journals. Direct attached table. The order of review is Director, National Toxicology Program.

SUMMARY DATA FOR SUBSTANCES TENTATIVELY SCHEDULED FOR REVIEW AT THE MEETING OF THE NTP BOARD OF SCIENTIFIC COUNSELORS' BIENNIAL REPORT ON CARCINOGENS SUBCOMMITTEE, NOVEMBER 18±19, 1996

Azacitidine ...... CAS Number 320±67±2 ...... Review order: 3. Primary Uses ...... Used as a cytostatic agent in the treatment of acute leukemia. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. p-Chloro-o-Toluidine and its HCl salt ...... CAS Number 95±69±2 ...... Review order: 4. Primary Uses ...... Used to produce azo dyes for cotton, silk acetate and nylon and as intermediate in production of Pigment Red 7 and Pigment Yellow 49. Also an impurity in and a metabolite of the pesticide chlordimeform. 55166 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

SUMMARY DATA FOR SUBSTANCES TENTATIVELY SCHEDULED FOR REVIEW AT THE MEETING OF THE NTP BOARD OF SCIENTIFIC COUNSELORS' BIENNIAL REPORT ON CARCINOGENS SUBCOMMITTEE, NOVEMBER 18±19, 1996ÐContinued

Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. Chlorozotocin ...... CAS Number 54749±90±5 ...... Review order: 5. Primary Uses ...... Used as a cytostatic agent in the treatment of cancers of the stom- ach, large intestine pancreas and lung; melanoma; and multiple myeloma. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. Cyclosporin ...... CAS Number 59865±13±3 ...... Review order: 1. Primary Uses ...... Used as an immunosuppressive agent in the prevention and treat- ment of graft-vs-host reactions in bone marrow transplantation and for the prevention of rejection of kidney, heart, and liver trans- plants. Nominated as ...... Known to be a Human Carcinogen. Danthron (1,8-Dihydroxyanthraquinone) ...... CAS Number 117±10±2 ...... Review order: 12. Primary Uses ...... Used as a laxative and as an intermediate in the manufacture of dyes. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. 1,6-Dinitropyrene ...... CAS Number 42397±64±8 ...... Review order: 9. Primary Uses ...... Not used commercially, detected in ambient atmospheric samples and as a constituent of diesel exhaust. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. 1,8-Dinitropyrene ...... CAS Number 42397±65±9 ...... Review order: 10. Primary Uses ...... Not used commercially, detected in ambient atmospheric samples and as a constituent of diesel exhaust. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. Disperse Blue 1 (1,4,5,8-Tetraaminoanthraquinone) CAS Number 2475±45±8 ...... Review order: 13. Primary Uses ...... Used as an anthraquinone based dyestuff in hair color formulations and in coloring fabrics and plastics. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. Furan ...... CAS Number 100±00±9 ...... Review order: 6. Primary Uses ...... Used as an intermediate in the synthesis and production of other or- ganic compounds.. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. o-Nitroanisole ...... CAS Number 91±23±6 ...... Review order: 14. Primary Uses ...... Used as a precursor in the synthesis of o-anisidine which is used in the manufacture of over 100 azo dyes. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. 6-Nitrochrysene ...... CAS Number 7495±02±8 ...... Review order: 11. Primary Uses ...... Not used commercially, detected in ambient atmospheric samples. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. 1-Nitropyrene ...... CAS Number 5522±43±0 ...... Review order: 7. Primary Uses ...... Not used commercially, detected in ambient atmospheric samples and as a constituent of diesel and gasoline engine exhaust. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. 4-Nitropyrene ...... CAS Number 57835±92±4 ...... Review order: 8. Primary Uses ...... Not used commercially, detected in ambient atmospheric samples. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen. Thiotepa ...... CAS Number 52±24±4 ...... Review order: 2. Primary Uses ...... Used as a cytostatic agent in the treatment of lymphomas and a va- riety of solid tumors, such as breast and ovary. It has also been used at high doses in combination chemotherapy with cyclophosphamide in patients with refractory malignancies treated with autologous bone transplantation. Nominated as ...... Known to be a Human Carcinogen. 1,2,3-Trichloropropane ...... CAS Number 96±18±4 ...... Review order: 15. Primary Uses ...... Used as a polymer crosslinking agent, paint and varnish remover, solvent and degreasing agent. It has been found as an impurity in certain nematicides and soil fumigants and has been detected in drinking and ground water in various parts of the United States. Nominated as ...... Reasonably Anticipated to be a Human Carcinogen.

[FR Doc. 96–27325 Filed 10–23–96; 8:45 am] Substance Abuse and Mental Health Center for Substance Abuse Prevention BILLING CODE 4140±01±M Services Administration in December 1996. A portion of the meeting will be open Center for Substance Abuse and will include a roll call, general Prevention; Notice of Meeting announcements, and a discussion of various program, procedural, and Pursuant to Public Law 92–463, technical issues. Public comments are notice is hereby given of the meeting of welcome during the open session. the Drug Testing Advisory Board of the Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55167

Please communicate with the individual 1996 is extended by this Notice to opportunities HUD must create by listed as contact below for guidance. November 25, 1996, 3:00 PM, Public Housing Authority (PHA) The meeting will include the review Washington, DC time. jurisdiction. In addition, a list of census of sensitive National Laboratory ADDRESSES: The original and nine blocks that provide class members a Certification Program (NLCP) internal complete copies of the proposal should desegregation opportunity has been operating procedures and program be submitted by the deadline to Mr. developed by HUD and submitted to the development issues. Therefore, a Gerald J. Benoit, Director, Operations Court. These documents may be portion of the meeting will be closed to Division, Office of Rental Assistance, obtained from the person listed in the the public as determined by the Department of Housing and Urban FOR FURTHER INFORMATION CONTACT Administrator, SAMHSA, in accordance Development, Room 4220, 451 Seventh section of the NOFA and this Notice. with 5 U.S.C. 552b(c) (2), (4), and (6) Street, SW, Washington, DC 20410. III. Technical Corrections and 5 U.S.C. App. 2, section 10(d). FOR FURTHER INFORMATION CONTACT: A summary of this meeting and roster Gerald J. Benoit, Director, Operations The following technical corrections of board members may be obtained Division, Office of Rental Assistance, are made in FR Doc. 96–24506 to the from: Ms. Vera L. Jones, CSAP Department of Housing and Urban NOFA titled ‘‘Notice of Funding Committee Management Officer, Development, Room 4220, 451 Seventh Availability (NOFA) for the Fair Rockwall II, Room 7A 140, 5600 Fishers Street, SW, Washington, DC 20410– Housing Services Center (FHSC) in East Lane, Rockville, MD 20857, Telephone: 8000, telephone number (202) 708–0477 Texas’’ and published on September 25, (301) 443–9542. (this is not a toll-free number). For 1996 (61 FR 50376): Substantive program information may hearing- and speech-impaired persons, 1. On page 50379, in column 1, the be obtained from the contact whose this number may be accessed via TTY third sentence in the first paragraph of name and telephone number is listed (text telephone) by calling the Federal section I.B.5. is revised to read as below. Information Relay Service at 1–800– follows: Committee Name: Drug Testing Advisory 877–8339. Two hundred desegregative vouchers/ Board. certificates will be provided in the first Meeting Date: December 3, 1996 SUPPLEMENTARY INFORMATION: year of the FHSC’s operation, and 200 Place: DoubleTree Hotel, 1750 Rockville I. Extension of Due Date per year thereafter for the following four Pike, Rockville, Maryland 20857. years. A NOFA was published on September Open: December 3, 1996, 8:30 a.m.–10:00 2. On page 50379, in column 2, a.m.; December 3, 1996, 10:00 a.m.–4:00 p.m. 25, 1996 (61 FR 50376) announcing the section I.B.5.c.(2) is revised to read as Contact: Donna M. Bush, Ph.D.; Executive availability of funds and HUD’s request follows: Secretary, Telephone: (301) 443–6014 and for proposals to establish a Fair Housing (2) The class member must be FAX: (301) 443–3031. Services Center in East Texas to be provided the section 8 voucher or Dated: October 21, 1996. administered by a non-profit certificate and an offer of a unit must be Jeri Lipov, organization (NPO) as required by the made within 120 days from issuance of Committee Management Officer, SAMHSA. Final Judgment and Decree (Final the certificate to the class member that [FR Doc. 96–27345 Filed 10–23–96; 8:45 am] Judgment) in Lucille Young v. Cisneros, meets the requirements of II.7 of the CA No. P–80–8–CA, (E.D. Tex.; dated BILLING CODE 4162±20±P Final Judgment and must notify HUD March 30, 1995). The original notice within one day if the applicant accepts provided 30 days—until October 25, the offer. DEPARTMENT OF HOUSING AND 1996—for applications in response to URBAN DEVELOPMENT the NOFA. The Department is extending Dated: October 18, 1996. the deadline for submission of Michael B. Janis, [Docket No. FR±4127±N±02] applications. Applications will now be General Deputy Assistant Secretary for Public Notice of Extension and Technical due on or before November 25, 1996, and Indian Housing. Corrections to Notice of Funding 3:00 PM, Washington, DC time. This [FR Doc. 96–27440 Filed 10–23–96; 8:45 am] Availability for the Fair Housing deadline is firm as to date and hour. In BILLING CODE 4210±33±M Services Center in East Texas the interest of fairness to all competing NPOs, HUD will treat as ineligible for AGENCY: Office of the Assistant consideration any proposal that is not DEPARTMENT OF THE INTERIOR Secretary for Public and Indian received before the proposal deadline. Housing, HUD. Applicants should take this practice Bureau of Land Management ACTION: into account and make early submission Notice of extension of time for [NM±931±07±1020±00] submission of applications and of their materials to avoid any risk of technical corrections to Notice of loss of eligibility brought about by Cancellation of New Mexico Resource Funding Availability (NOFA) for the unanticipated delays or other delivery- Advisory Council Meeting Fair Housing Services Center (FHSC) in related problems. HUD will not accept, East Texas. at any time during the NOFA AGENCY: Bureau of Land Management, competition, proposal materials sent via Interior. SUMMARY: On September 25, 1996, HUD facsimile (FAX) transmission. ACTION: Cancellation notice of Council published a NOFA for the Fair Housing meeting. Services Center (FHSC) in East Texas. II. Availability of Information The purpose of this Notice is to extend The Final Judgment, which was SUMMARY: The New Mexico Resource the application period, notify applicants published with the NOFA, contains a Advisory Council hereby cancels its of the availability of information, and reference, in the first column on page meeting planned for November 7 and 8, make a number of technical corrections 50384, to Defendant’s Hearing Exhibit 1996, at the Amberely Suites Hotel in to the NOFA. 119, Table 1. This Table, a public record Albuquerque, NM. In accordance with DATES: The application due date which is part of the case docket, breaks the Federal Land Policy and originally announced for October 25, down the 5,134 desegregation Management Act and the Federal 55168 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Advisory Committee Act of 1972 Serial No. N–37127. The City of Las the suitability of the land for a church (FACA), 5 U.S.C. Appendix 1, The Vegas had proposed to use the land as facility. Comments on the classification Department of the Interior, Bureau of a park site, but withdrew this are restricted to whether the land is Land Management (BLM), announced a application on April 1, 1996. physically suited for the proposal, meeting of the New Mexico Resource West Oakey Baptist Church filed an whether the use will maximize the Advisory Council (RAC) in the Federal amended Recreation and Public future use or uses of the land, whether Register on October 7, 1996, page Purposes lease application, N–58742, the use is consistent with local planning 52458. identifying this same public land for use and zoning, or if the use is consistent This meeting, if deemed necessary, as a church facility. The public lands with State and Federal programs. was scheduled for November 7 and 8, are described as follows: APPLICATION COMMENTS: Interested 1996, at the Amberely Suites Hotel, Mount Diablo Meridian, Nevada parties may submit comments regarding 7620 Pan America Freeway, T. 20 S., R. 60 E., the specific use proposed in the Albuquerque, NM 87109. Sec. 28, E1⁄2NW1⁄4NE1⁄4. application and plan of development, At a meeting held October 10 and 11, Containing 20 acres, more or less. whether the BLM followed proper 1996, members the RAC determined administrative procedures in reaching they did not need the additional The land is not required for any the decision, or any other factor not meeting on November 7 and 8, 1996, federal purpose. The lease/conveyance directly related to the suitability of the because they had completed the work is consistent with current Bureau land for a church facility. on Standards for Rangeland Health and planning for this area and would be in Any adverse comments will be Guidelines for Livestock Grazing. the public interest. The lease/patent, reviewed by the State Director. In the FOR FURTHER INFORMATION CONTACT: when issued, will be subject to the absence of any adverse comments, the Bob Armstrong, New Mexico State provisions of the Recreation and Public classification of the land described in Office, Policy and Planning Team, Purposes Act and applicable regulations this Notice will become effective 60 Bureau of Land Management, 1474 of the Secretary of the Interior, and will days from the date of publication in the Rodeo Road, P.O. Box 27115, Santa Fe, contain the following reservations to the Federal Register. The lands will not be New Mexico 87502–0115, telephone United States: offered for lease/conveyance until after (505) 438–7436. 1. A right-of-way thereon for ditches the classification becomes effective. SUPPLEMENTARY INFORMATION: The or canals constructed by the authority of the United States, Act of August 30, Dated: October 11, 1996. purpose of the Resource Advisory Michael F. Dwyer, Council is to advise the Secretary of the 1890 (43 U.S.C. 945). District Manager, Las Vegas, NV. Interior, through the BLM, on a variety 2. All minerals shall be reserved to of planning and management issues the United States, together with the [FR Doc. 96–27263 Filed 10–23–96; 8:45 am] associated with the management of right to prospect for, mine and remove BILLING CODE 4310±HC±P public lands. The Council’s such deposits from the same under applicable law and such regulations as responsibilities include providing [NV±930±1430±01; N±61259] advice on long-range planning, the Secretary of the Interior may establishing resource management prescribe. Notice of Realty Action: Non- And will be subject to: Competitive Sale of Public Lands in priorities and assisting the BLM to 1. Those rights for roadway purposes Clark County, Nevada identify State and regional standards for which have been granted to the City of rangeland health and guidelines for Las Vegas by Permit No. N–48698, AGENCY: Bureau of Land Management, grazing management. under the Act of October 21, 1976 (43 Interior. Dated: October 18, 1996. U.S.C. 1761). ACTION: Non-competitive sale of public William C. Calkins, 2. Those rights for well purposes lands. State Director. which have been granted to Las Vegas [FR Doc. 96–27275 Filed 10–23–96; 8:45 am] Valley Water District by Permit No. N– SUMMARY: Section 121 of Public Law 104–208, September 30, 1996, affords BILLING CODE 4310±FB±M 53361, under the Act of October 21, 1976 (43 U.S.C. 1761). the City of Mesquite the exclusive right 3. Those rights for powerline to purchase the following described [NV±930±1430±00; N±37127 and N±58742] purposes which have been granted to public lands, at not less than fair market Nevada Power Company by Permits No. value, for a period of 12 years after the Notice of Realty Action: Lease/ N–59694 and Nev-043456, under the date of enactment of the Act. Conveyance for Recreation and Public Act of October 21, 1976 (43 U.S.C. Mount Diablo Meridian Purposes 1761). Detailed information concerning this T. 13 S., R. 70 E., AGENCY: Bureau of Land Management, 1 1 action is available for review at the Sec. 1, lots 5 to 12 inclusive, S ⁄2N ⁄2, and Interior. S1⁄2; office of the Bureau of Land ACTION: Amended Recreation and Public Sec. 11, E1⁄2SE1⁄4; Purpose Lease/conveyance—Change of Management, Las Vegas District, 4765 Sec. 12; Use. W. Vegas Drive, Las Vegas, Nevada. Sec. 13, W1⁄2; For a period of 45 days from the date Sec. 14, E1⁄2NE1⁄4 and S1⁄2; SUMMARY: The following described of publication of this notice in the Sec. 23, lots 1, 2, N1⁄2, SW1⁄4, and public land in Las Vegas, Clark County, Federal Register, interested parties may NW1⁄4SE1⁄4; Nevada, was previously examined and submit comments regarding the Sec. 24, lots 2, 6, and W1⁄2NW1⁄4; proposed lease/conveyance for Sec. 26, lots 1 to 4, inclusive, and found suitable for lease/conveyance for 1 1 classification of the lands to the District N ⁄2NW ⁄4. recreational or public purposes under T. 13 S., R. 71 E., Manager, Las Vegas District, 4765 Vegas the provisions of the Recreation and Sec. 4, lots 6 to 11, inclusive, SW1⁄4NE1⁄4, Dr., Las Vegas, Nevada 89108. Public Purposes Act, as amended (43 S1⁄2NW1⁄4, SW1⁄4, and W1⁄2SE1⁄4; U.S.C. 869 et seq.) in Notice of Realty CLASSIFICATION COMMENTS: Interested Sec. 5, lots 5 to 12, inclusive, S1⁄2N1⁄2, and Action published March 20, 1985, for parties may submit comments involving S1⁄2; Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55169

Sec. 6, lots 8 to 15, inclusive, S1⁄2N1⁄2, and planning can be conducted to determine Notice of Intention To Extend an S1⁄2; the future direction for concession Existing Concession ContractÐDeath 1 Sec. 7, N ⁄2. services at this site. The necessary Valley National Park The area described contains 5,642.30 acres planning may affect the future of this in Clark County. SUMMARY: Pursuant to the Act of October operation, and may take as long as 2 9, 1965, (79 Stat. 969; 16 U.S.C. 20 et In accordance with the Act, the City years to complete. Until planning is seq), notice is hereby given that the of Mesquite shall notify the Bureau of completed, it is not in the best interest National Park Service intends to extend Land Management as to which of the of the National Park Service to enter the concession contract at Death Valley above described lands the city wishes to into a long term concession contract for National Park for a period of two years. purchase no later than September 29, this operation. This extension may be The concessioner is Amfac Parks & 2006. The Bureau of Land Management for a lesser period should planning Resorts. This extension in necessary to will sell the land in accordance with the issues be resolved and a renewal allow the continuation of public regulations developed pursuant to the process conducted which results in the services during the amending of the Federal Land Policy and Management award of a new long term concession General Management Plan for the park. Act of 1976 that govern the sale and permit. The existing concessioners have The current concessioner has performed disposal of public land. Prior to offering performed their obligations to the its obligations to the satisfaction of the the land for sale to the City of Mesquite, satisfaction of the Secretary and, Secretary and retain its right of a notice will be published in the preference in renewal pursuant to the Federal Register that will state the pursuant to the provisions of Section 5 of the Act of October 9, 1965 (79 Stat. provisions of Section 5 of the Act of terms and conditions for the sale and October 9, 1965, (79 Stat. 969; 16 U.S.C. list the easements, reservations, and 969; 16 U.S.C. 20) are entitled to a preference in the extension of this 20 et seq) and 36 CFR 51.5, under this exception that will be included in the administrative action to extend the permit. This means that the extension patent. existing contract. will be awarded to the party submitting Publication of this Notice in the SUPPLEMENTARY INFORMATION: The the best offer, provided that if the best Federal Register will segregate the concession contract at Death Valley offer was not submitted by the existing public lands described above from all National Park will expire on December forms of appropriation under the public concessioner, then the existing 31, 1996, unless extended. The National land laws, including the general mining concessioner will be afforded the Park Service will not renew this laws, until September 29, 2008. opportunity to match the best offer. If contract for an extended period until the Dated: October 18, 1996. the existing concessioner agrees to amendment of the General Management William K. Stowers, match the best offer, then the extension Plan and Site Plans can be completed to Lands Team Lead. will be awarded to the existing determine the future direction for concessioner. If the existing [FR Doc. 96–27273 Filed 10–23–96; 8:45 am] concession services within Death Valley concessioner does not agree to the terms National Park. The necessary planning BILLING CODE 4310±HC±P of the extension, the right of preference process will have a direct effect on the shall be considered to have been future concession activities. The National Park Service waived, and the extension will then be planning process deals with complex awarded to the party submitting the best issues associated with both cultural and Notice of Intention To Extend an responsive offer. Because of the limited natural resources and may take as long Existing Concession Contract term of the proposed extension, the as two years to be completed. Until that National Park Service is not encouraging planning process is completed, it will SUMMARY: Notice is hereby given that the submission of offers by anyone but not be in the best interest of Death the National Park Service intends to Valley National Park to enter into a long extend the concession permits with the incumbent in response to this proposal, but plans to do so at the time term concession contract. For these Cache Creek Snowmobile Tours; Heart 6 reasons, it is the intention of the Snowmobile Tours, Hidden Basin (dba the contract is renewed for a longer term. However, as required by law, the National Park Service to extend the Old Faithful Snowmobile Tours); High current contract for a period of two National Park Service will consider and Country Snowmobile Tours; Mountain years beginning January 1, 1997. High Adventures; BEST Adventures; evaluate all offers received in response Information regarding this notice can Jackson Hole Snowmobile Tours; to this notice. Anyone interested in be sought from: Administrative Officer, National Park Adventures, Inc.; obtaining further information about this Death Valley National Park, Death Togwotee Mountain Lodge; Rocky proposed extension should contact: Valley, California 92328, or call: (619) Mountain Tours; and Yellowstone Name: Joan Anzelmo, Chief of 786–3278. Attention: Ms. Marian O’Dea. Snowmobile Tours at John D. Concessions Management, Address: P.O. Dated: October 2, 1996. Rockefeller, Jr. Memorial Parkway for a Drawer 170, Grand Teton National Park, Bruce Kilgore, period of approximately 3 years through Moose, WY 83012, Telephone: (307) December 31, 1999. 739–3410, no later than 15 days Acting Field Director, Pacific West Area. [FR Doc. 96–27338 Filed 10–23–96; 8:45 am] SUPPLEMENTARY INFORMATION: The following publication of this notice to concession permits with these operators obtain a prospectus outlining the BILLING CODE 4310±70±P authorize them to provide guided requirements of the proposed extension. snowmobile tours and services within Dated: September 27, 1996. General Management Plan, Manzanar John D. Rockefeller, Jr. Memorial National Historic Site; Notice of Parkway and Yellowstone National Park Robert Reynolds, Acting Field Director, Intermountain Field Availability of Final Environmental via the South Entrance only and expired Impact Statement by limitation of time on December 31, Area. 1996. The National Park Service does [FR Doc. 96–27339 Filed 10–23–96; 8:45 am] SUMMARY: Pursuant to Section 102(2)(C) not intend to renew these permits for an BILLING CODE 4310±70±P of the National Environmental Policy extended period until sufficient Act of 1969 (Pub.L. 91–190 as 55170 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices amended), the National Park Service, Inquiries on and requests for copies of DEPARTMENT OF JUSTICE Department of the Interior, has prepared the plan should be directed to Manzanar a final environmental impact statement National Historic Site, address as above, Notice of Lodging of Consent Decree assessing the potential impacts of the or by telephone at (619) 878–2932. Pursuant to the Comprehensive Environmental Response, proposed General Management Plan for Dated: October 15, 1996. Compensation, and Liability Act Manzanar National Historic Site, Inyo Stephen Crabtree, County, California. Once approved, the (``CERCLA'') Acting Field Director, Pacific West Area. plan will guide the management of the Notice is hereby given that on October historic site over the next 15 years. [FR Doc. 96–27340 Filed 10–23–96; 8:45 am] BILLING CODE 4310±70±P 9, 1996, a proposed Partial Consent The final General Management Plan Decree (‘‘Decree’’) in United States v. and Environmental Impact Statement Alaska Railroad Corporation et al., Civil presents a proposal and two alternatives Acadia National Park Advisory Action No. A91–589 (D. Alaska), was for the management, use, and Commission; Bar Harbor, Maine; lodged with the United States District development of Manzanar National Notice of Meeting Court for the District of Alaska. This Historic Site. The proposed plan, Decree resolves the United States’ Alternative C: Enhanced Visitor Notice is hereby given in accordance claims in this action against all of the Experience, provides for acquisition of with the Federal Advisory Committee Defendants under Sections 107(a) of the camp from the current owner and Act (Pub. L. 92–463, 86 Stat. 770, 5 CERCLA, 42 U.S.C. 9607(a), for response protection of historic and prehistoric U.S.C. Ap. 1, Sec. 10), that the Acadia costs associated with the cleanup of the resources through a program of resource National Park Advisory Commission Standard Steel Superfund Site in management and law enforcement. will hold a joint meeting with the Anchorage, Alaska (‘‘the Site’’). The Features include conversion of the Friends of Acadia leaders and Board Settling Defendants include six historic camp auditorium to an and the League of Towns members on corporations that arranged for the interpretive center and the creation of a Monday, November 4, 1996. disposal of PCB-contaminated electrical network of wayside exhibits throughout The Commission was established equipment or lead-acid batteries at the the mile-square camp, accessible to pursuant to Public Law 99–420, Section Site and the current landowner, Alaska visitors by a tour route around the 103. The purpose of the commission is Railroad Corporation. The Decree also periphery of the camp. A shuttle system to consult with the Secretary of the resolves the liability of federal entities would be operated during heavy use Interior, or his designee, on matters who are counterclaim defendants in this periods. Reconstruction of a limited relating to the management and matter—the Federal Railroad number of representative structures development of the park, including but Administration, the Defense would provide additional interpretive not limited to the acquisition of lands Reutilization and Marketing Service features. National Park Service support and interests in lands (including (‘‘DRMS’’) and the Army & Air Force for the annual spring Manzanar conservation easements on islands) and Exchange Service (‘‘AAFES’’)—for those Pilgrimage, organized by the Manzanar termination of rights of use and costs. In addition, the Decree allocates Committee, would continue. occupancy. among the defendants and the Alternative A: No Action, would The meeting will convene at park counterclaim defendants liability for the continue the current situation at headquarters, Acadia National Park, Rt. costs incurred by the parties that funded Manzanar. Lands would not be 233, Bar Harbor, Maine, at 1:00 p.m. to the Remedial Investigation and acquired, resources would not be consider the following agenda: Feasibility Study (‘‘RI/FS’’), including protected, and no additional steps the oversight of the RI/FS by the 1. Review and approval of minutes from would be taken to accommodate visitor Environmental Protection Agency, and interest and use. NPS support for the the meeting held Aug. 5, 1996. 2. Presentations on the role of the Acadia the removal of scrap metal debris from annual Manzanar Pilgrimage would the Site. Finally, this settlement resolves continue. NP Advisory Commission, Acadia NP, League of Towns and Friends of Acadia. the liability of the settling federal Alternative B: Minimum 3. Acadia NP staff presentation on St. Croix entities and the Alaska Railroad Requirements, would be similar to Island IHS draft General Management Plan/ Corporation for future response costs at Alternative C in terms of resource Environmental Statement. the Site and any natural resources management and protection, but would 4. Public comments. damages, by fixing the proportion of provide fewer visitor services. There 5. Proposed agenda and date of next such costs or damages that they will be Commission meeting. would be no reconstruction and no required to pay. shuttle service. The meeting is open to the public. The United States, on behalf of the The environmental consequences of Interested persons may make oral/ settling federal entities, and the the alternatives are fully documented. written presentations to the Commission defendants will reimburse the No significant adverse impacts are or file written statements. Such requests Hazardous Substance Superfund more anticipated. should be made to the Superintendent than $3.6 million in past response costs, SUPPLEMENTARY INFORMATION: Written at least seven days prior to the meeting. oversight costs and enforcement costs. comments on the general management Further information concerning this The United States, on behalf of the plan and environmental impact meeting may be obtained from the settling federal entities, together with statement should be directed to the Superintendent, Acadia National Park, the Alaska Railroad Corporation, will Superintendent, Manzanar National P.O. Box 177, Bar Harbor, Maine 04609, fund 61.5% of future costs associated Historic Site, P.O. Box 426, tel: (207) 288–3338. with the Site, including any costs Independence, California 93526–0426. associated with natural resources Dated: October 11, 1996. Comments on the plan must be received damages. within 60 days after publication of a Paul F. Haertel, Upon the effective date of the Decree, notice of availability in the Federal Superintendent, Acadia National Park. the defendants are entitled to the Register by the Environmental [FR Doc. 96–27341 Filed 10–23–96; 8:45 am] contribution protection afforded by Protection Agency. BILLING CODE 4310±70±P Section 113(f)(2) of CERCLA, 42 U.S.C. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55171

9613(f)(2), for past response costs, Expenses alleging that M&V reproduction costs), payable to the oversight costs and enforcement costs. Electroplating Corporation (‘‘M&V’’) is Consent Decree Library. This protection is extended to the liable (1) pursuant to the Joel M. Gross, Alaska Railroad Corporation and the Comprehensive Environmental Section Chief, Environmental Enforcement settling federal entities for future costs Response, Compensation, and Liability Section, Environment and Natural Resources as well. The Decree reserves all claims Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., Division. against the defendants other than Alaska for costs incurred by the Environmental [FR Doc. 96–27265 Filed 10–23–96; 8:45 am] Railroad Corporation for future response Protection Agency (‘‘EPA’’) in BILLING CODE 4410±01±M costs and natural resource damages. connection with a removal action taken The Department of Justice will receive by EPA at the facility located at 5 comments relating to the proposed Decree for a period of thirty (30) days Greenleaf Street, Newburyport, Notice of Lodging of Consent from the date of this publication. Massachusetts (‘‘Greenleaf Facility’’), Judgment Under the Clean Water Act Comments should be addressed to the where M&V formerly operated an Assistant Attorney General of the electroplating business, and (2) In accordance with Department Environment and Natural Resources pursuant to the Resource Conservation Policy, 28 C.F.R. 50.7, notice is hereby Division, Department of Justice, and Recovery Act (‘‘RCRA’’), 42 U.S.C. given that a Consent Decree in United Washington, D.C. 20530, and should 6901 et seq., for penalties in connection States v. The Telluride Company, Civil refer to United States v. Alaska Railroad with violations of RCRA discovered by No. 93–K–2181 (D. Colo.), was lodged Corporation, D.J. No. 90–11–3–810. EPA during inspections of the M&V with the United States District Court for The proposed Decree may be facility located at 4 Perkins Way, the District of Colorado on October 15, examined at the Office of the United Newburyport, Massachusetts (‘‘Perkins 1996. States Attorney for the District of Way Facility’’) on January 26, 1996 and The Consent Decree concerns alleged Alaska, Room 253, Federal Building and February 8, 1996. Under the proposed violations of section 301(a) of the clean U.S. Courthouse, 222 West Seventh settlement agreement, M&V will pay the Water Act, 33 U.S.C. 1311(a), resulting Avenue, Anchorage, Alaska 99513– United States, over a period of eight from The Telluride Company’s 7567; the Region 10 Office of the years, $192,820 with respect to the unauthorized filling of over 46 acres of Environmental Protection Agency, 1200 CERCLA claim, including 6% interest Sixth Avenue, Seattle, Washington rare alpine wetlands as part of its on $38,564 of this amount, and $26,591 98101; and at the Consent Decree mountain resort development near with respect to the RCRA claim, Library, 1120 G Street, N.W., 4th Floor, Telluride, San Miguel County, Colorado. including 6% interest on $5,318 of this Washington, D.C. 20005 (Tel: 202–624– As part of the Consent Decree, The 0892). A copy of the proposed Consent amount. M&V’s CERCLA obligation will Telluride Company will be required to Decree may be obtained in person or by be reduced to the extent that the United pay a civil penalty of $1.1 million mail from the Consent Decree Library, States receives proceeds from the sale of dollars and to implement a 16-acre 1120 G Street, N.W., 4th Floor, Greenleaf Facility pursuant to a separate restoration project to the satisfaction of Washington, D.C. 20005. In requesting a settlement that the United States has the Environmental Protection Agency. copy, please enclose a check in the entered into with Joyce Vigeant, the Defendants will abide by a site-wide amount of $13.50 (25 cents per page owner of the Greenleaf Facility, in management plan for the continued reproduction cost) for the Partial United States v. Vigeant, No. (D. Mass.). protection and preservation of the Consent Decree, or $38.75 for the Partial The Department of Justice will remaining wetlands that they own. The Consent Decree with Appendices, receive, for a period of fifteen (15) days Consent Decree preserves the United payable to Consent Decree Library. from the date of this publication, States’ right to appeal an earlier ruling Joel M. Gross, comments relating to the proposed of the Court. If the appeal is successful, Chief, Environmental Enforcement Section, settlement agreement. Any comments The Telluride Company will be Environment and Natural Resources Division. should be addressed to the Assistant obligated to perform an additional 15 [FR Doc. 96–27267 Filed 10–23–96; 8:45 am] Attorney General for the Environment acres of wetland restoration along the BILLING CODE 4410±01±M and Natural Resources Division, San Miguel River and pay an additional Department of Justice, Washington, DC, civil penalty of $50,000. 20530, and should refer to In re M&V Notice of Lodging of Settlement The Department of Justice will receive Agreement Pursuant to the Electroplating Corp., Case No. 95– written comments relating to the Comprehensive Environmental 12868–CJK (Bankr. D. Mass.), DOJ Ref. proposed Consent Decree for a period of Response, Compensation, and Liability Number 90–11–2–945C. 30 days from the date of publication of Act of 1980 and the Resource The proposed settlement agreement this notice. Comments should be Conservation and Recovery Act may be examined at EPA Region 1, One addressed to Robert H. Foster, United Congress Street, Boston, Massachusetts States Department of Justice, Notice is hereby given that a proposed (contact Amelia Katzen, 617–565–1133); Environment & Natural Resources settlement agreement in the bankruptcy Division, Environmental Defense proceeding entitled In re M&V and the Consent Decree Library, 1120 G Section, 999 18th Street, Suite 945, Electroplating Corp., Chapter 11 Case Street, NW., 4th Floor, Washington, DC Denver, CO 80202, should refer to No. 95–12868–CJK (Bankr. D. Mass.), 20005, (202) 624–0892. A copy of the United States v. The Telluride was lodged on October 11, 1996, with proposed settlement agreement may be the United States Bankruptcy Court for obtained in person or by mail from the Company, Civil No. 93–K–2181 (D. Consent Decree Library, 1120 G Street, Colo.), and should also make reference the District of Massachusetts. The # proposed settlement agreement resolves NW., 4th Floor, Washington, DC 20005. to DJ 90–5–1–4–293. claims filed by the United States in an In requesting a copy, please refer to the The Consent Judgment may be Application of the United States for referenced case and enclose a check in examined at the Clerk’s Office, United Reimbursement of Administrative the amount of $6.25 (25 cents per page States District Court for the District of 55172 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Colorado, 1929 Stout Street, Denver, CO 90–11–3–1112. Both proposed Partial agreement (‘‘M&V Agreement’’) entered 80295. Consent Decrees may be examined at into by M&V and the United States in Letitia J. Grishaw, the Office of the United States Attorney a bankruptcy proceeding entitled In re Chief, Environmental Defense Section, for the Southern District of Illinois, IL– M&V Electroplating Corp., Chapter 11 Environment & Natural Resources Division. S USA, Suite 300, 9 Executive Drive, Case No. 95–12868–CJK (Bankr. D. [FR Doc. 96–27264 Filed 10–23–96; 8:45 am] Fairview Heights, Illinois 62208; the Mass.). M&V, which operated an BILLING CODE 4410±01±M Region V Office of the United States electroplating business at the Facility, Environmental Protection Agency, 77 has agreed to pay EPA $192,820, plus West Jackson Boulevard, Chicago, 6% simple interest on $38,564 of this Notice of Lodging of Partial Consent Illinois 60604; and at the Consent amount, over a period of eight years. Decrees Pursuant to the Decree Library, 1120 G Street, N.W., 4th The payment made to the United States Comprehensive Environmental Floor, Washington, D.C. 20005, from the proceeds of the sale of the Response, Compensation and Liability telephone no. (202) 624–0892. A copy of Facility will reduce the obligation of Act either, or both, proposed Partial Consent M&V by the amount of the payment. Decrees may be obtained in person or by The Department of Justice will Notice is hereby given that two mail from the Consent Decree Library, receive, for a period of fifteen (15) days proposed Partial Consent Decrees in 1120 G Street, N.W., 4th Floor, from the date of this publication, United States v. Kenneth L. Thomas et Washington, D.C. 20005. In requesting a comments relating to the proposed al., Civil Action No. 93–4098–JLF (S.D. copy, please specify which Partial consent decree. Any comments should Ill.) entered into by the United States Consent Decree is desired, and enclose be addressed to the Assistant Attorney and a number of defendants and third- a check (25 cents per page for General for the Environment and party defendants, were lodged on reproduction costs) in the amount of Natural Resources Division, Department October 10, 1996, with the United States $22.00 for the Group Decree, and/or a of Justice, Washington, D.C. 20530, and District Court for the Southern District check in the amount of $6.25 for the should refer to United States v. Vigeant, of Illinois. The proposed Partial Consent KPR Decree, payable to the Consent DOJ Ref. Number 90–11–2–945D. Decrees resolve certain claims of the Decree Library. The proposed consent decree may be United States under Section 107 of the Bruce S. Gelber, examined at EPA Region 1, One Comprehensive Environmental Deputy Chief, Environmental Enforcement Congress Street, Boston, Massachusetts Response, Compensation and Liability Section, Environment and Natural Resources (contact Amelia Katzen, 617–565–1133); Act (‘‘CERCLA’’), 42 U.S.C. 9607, with Division. and the Consent Decree Library, 1120 G respect to the M.T. Richards, Inc. Site [FR Doc. 96–27266 Filed 10–23–96; 8:45 am] Street, N.W., 4th Floor, Washington, (‘‘Site’’) in Crossville, Illinois. BILLING CODE 4410±01±M D.C. 20005, (202) 624–0892. A copy of Under the terms of the first Partial the proposed consent decree may be Consent Decree (‘‘Group Decree’’), a obtained in person or by mail from the group which includes defendants ANR Notice of Lodging of Consent Decree Consent Decree Library, 1120 G Street Pipeline Company, Commonwealth Pursuant to the Comprehensive N.W., 4th Floor, Washington, D.C. Aluminum Corporation and Atlantic Environmental Response 20005. In requesting a copy, please refer Richfield Company, and a number of Compensation and Liability Act of to the referenced case and enclose a third-party defendants (collectively, the 1980, as Amended check in the amount of $8.00 (25 cents Settling Defendants’’), as well as the per page reproduction costs), payable to Notice is hereby given that a proposed U.S. Army and the U.S. Air Force (on the Consent Decree Library. consent decree in the action entitled behalf of the Kentucky Air National Joel M. Gross, Guard) (collectively, the ‘‘Settling United States v. Vigeant, Civil Action Section Chief, Environmental Enforcement Federal Agencies’’) shall pay the United No. 96–11986NG (D. Mass.), was lodged on October 4, 1996, with the United Section, Environment and Natural Resources States a total of $680,740, plus interest Division. States District Court for the District of as specified in the Partial Consent [FR Doc. 96–27268 Filed 10–23–96; 8:45 am] Decree, in return for the United States’ Massachusetts. The proposed consent BILLING CODE 4410±01±M covenant not to sue for past response decree resolves the United States’ costs incurred at the Site. claims under the Comprehensive The second Partial Consent Decree Environmental Response, with defendant Kentucky Petroleum Compensation, and Liability Act NATIONAL AERONAUTICS AND Recycling, Inc. (‘‘KPR Decree’’) requires (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., on SPACE ADMINISTRATION behalf of the U.S. Environmental KPR to pay the United States $25,000, Notice of Agency Report Forms Under Protection Agency (‘‘EPA’’), for response plus interest as specified in the Partial OMB Review Consent Decree, in return for the United costs incurred by EPA in connection States’ covenant not to sue KPR for past with a removal action taken at a facility [Notice 96±131] response costs incurred at the Site. located 5 Greenleaf Street, AGENCY: National Aeronautics and The Department of Justice will receive Newburyport, Massachusetts Space Administration (NASA). comments relating to the proposed (‘‘Facility’’), which is owned by ACTION: Notice of agency report forms Partial Consent Decrees for 30 days defendant Joyce Vigeant (‘‘Vigeant’’). under OMB review. following publication of this Notice. Under the proposed consent decree, Comments should be addressed to the Vigeant has agreed to make best efforts SUMMARY: The National Aeronautics and Assistant Attorney General, to sell the Facility and, at the time of the Space Administration, as part of its Environment and Natural Resources closing of the sale, to direct the closing continuing effort to reduce paperwork Division, United States Department of agent to pay to EPA the net proceeds and respondent burden, invites the Justice, P.O. Box 7611, Ben Franklin from the sale, up to the amount of the general public and other Federal Station, Washington, D.C. 20044–7611, outstanding obligation of M&V agencies to take this opportunity to and should refer to United States v. Electroplating Corporation (‘‘M&V’’) comment on proposed and/or Kenneth L. Thomas et al., D.J. Ref. No. pursuant to a separate settlement continuing information collections, as Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55173 required by the Paperwork Reduction Annual Responses: 10,800. Trademark Office, and are available for Act of 1995 (Pub. L. 104–13; 44 U.S.C. Hours Per Request: 9. licensing. 3506(c)(2)(A)). The NASA Contractor Annual Burden Hours: 97,200. Copies of patent applications cited are Financial Management Reporting Frequency of Report: Monthly and available from the Office of Patent System has provided the Agency with quarterly. Counsel, Marshall Space Flight Center. essential data for project management, Russell S. Rice, Claims are deleted from the patent budget planning and cost accruals for Director, IRM Division. applications to avoid premature many years. Recent changes to the [FR Doc. 96–27199 Filed 10–23–96; 8:45 am] disclosure. System eliminated the requirement for BILLING CODE 7510±01±M the NASA Form 533P, performance DATE: October 24, 1996. analysis report, provided for approval of FOR FURTHER INFORMATION CONTACT: exceptions from the standard reporting [Notice 96±128] Robert L. Broad, Jr., Patent Counsel, requirements at NASA Centers, rather Marshall Space Flight Center, Mail Code Government-Owned Inventions, than Headquarters, extended the period CC01, Huntsville, AL 35812; telephone Available for Licensing for submission of the initial report from (205) 544–0021, fax (205) 544–0258. 10 to 30 days after authorization to AGENCY: National Aeronautics and NASA Case No. MFS–30096–1: proceed, permitted the waiver of NF Space Administration. 533Q reporting for certain contracts Contamination Sampling Device ACTION: where NF 533M reporting provides Notice of availability of NASA Case No. MFS–31114–1: adequate information and eliminated inventions for licensing. Continuous One-Directional Locking Orthotic Joint the requirement that prime contractors SUMMARY: The inventions listed below use the NF 533 formats for are assigned to the National Aeronautics Dated: October 15, 1996. subcontractor reporting. The data and Space Administration, have been Edward A. Frankle, required on the reports are to be a filed in the United States Patent and General Counsel. product of contractors’ existing Trademark Office, and are available for [FR Doc. 96–27198 Filed 10–23–96; 8:45 am] accounting and management systems. licensing. BILLING CODE 7510±01±M The estimated annual burden hours Copies of patent applications cited are reflect the expected impact of these available from the Office of Patent changes, as well as comprehensive Counsel, Lewis Research Center. Claims [96±129] training on NF 533 reporting presented are deleted from the patent applications to NASA’s contractors over the past two to avoid premature disclosure. Notice of Prospective Patent License years. Comments should address DATES: October 24, 1996. contractors’ estimates of hours required FOR FURTHER INFORMATION CONTACT: Kent AGENCY: National Aeronautics and to prepare the NF 533M and NF 533Q Space Administration. reports. N. Stone, Patent Attorney, Lewis Research Center, Mail Code 0120, ACTION: DATES: Written comments should be Notice of prospective patent Cleveland, OH 44135–3191; telephone received on or before December 23, license. (216) 433–8855, fax (216) 433–6790. 1996. NASA Case No. LEW–16,104–1: Ion SUMMARY: NASA hereby gives notice ADDRESSES: Direct all written comments Thruster Gimbal Mount that UbiquiTex Technologies to Philip T. Smith, National Aeronautics Corporation, of 2200 Space Park Drive, and Space Administration, Code BFZ, NASA Case No. LEW–20,003–1: Two- Phase (TiA1 + TiCrA1) Coating Alloys Suite 200, Houston, Texas 77058, has Washington, DC 20546–0001. All requested an exclusive license to comments will become a matter of for Titanium Aluminides NASA Case No. LEW–16, 041–1: practice U.S. Patent No. 5,332,551, public record and will be summarized entitled ‘‘Atomic Oxygen Reactor in NASA’s request for Office of Normal Shock Position Sensors NASA Case No. LEW–20,002–1: Having At Least One Side Arm Management and Budget (OMB) Conduit,’’ which was issued on July 26, approval. Atmospheric Pressure Method and Apparatus for Removal of Organic 1994, and assigned to the United States FOR FURTHER INFORMATION CONTACT: Matter with Atomic and Ionic Oxygen of America as represented by the Bessie B. Berry, NASA Reports Officer, Edward A. Frankle, Administrator of the National (202) 358–1368. General Counsel. Aeronautics and Space Administration. Written objections to the prospective Reports [FR Doc. 96–27196 Filed 10–23–96; 8:45 am] grant of a license should be sent to Mr. Title: NASA Contractor Financial BILLING CODE 7510±01±M Hardie R. Barr, Patent Attorney, Johnson Management Reports. Space Center. OMB Number: 2700–0003. Type of Request: Extension. [Notice 96±130] DATES: Responses to this notice must be received by December 23, 1996. Need and Uses: Contractors must Government-Owned Inventions, report planned and actual costs on Available for Licensing FOR FURTHER INFORMATION CONTACT: Mr. NASA Forms 533M/533Q so NASA can Hardie R. Barr, Patent Attorney, Johnson plan, monitor, and control program/ AGENCY: National Aeronautics and Space Center, Mail Code HA, Houston, project resources, evaluate contractor Space Administration (NASA). TX 77058–3696; telephone (713) 483– performance, and accurately accrue cost ACTION: Notice of availability of 1003. in the accounting system and financial inventions for licensing. statements. Dated: October 15, 1996. Affected Public: Business or other for SUMMARY: The inventions listed below Edward A. Frankle, profit, not-for-profit institutions. are assigned to the National Aeronautics General Counsel. Number of Respondents: 900. and Space Administration, have been [FR Doc. 96–27197 Filed 10–23–96; 8:45 am] Responses Per Respondent: 12. filed in the Untied States Patent and BILLING CODE 7510±01±M 55174 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

NUCLEAR REGULATORY information before the Commission, the Federal workdays, by the above date. COMMISSION NRC staff has determined that the Copies should be also sent to the Office restructuring of PG&E will not affect the of the General Counsel, and to the [Docket Nos. 50±133, 50±275 and 50±323] qualifications of PG&E as holder of the Director, Office of Nuclear Reactor Pacific Gas and Electric Company; licenses, and that the transfer of control Regulation, U.S. Nuclear Regulatory (Humboldt Bay Power Plant, Unit 3, of the licenses for HBPP and DCPP, to Commission, Washington, DC 20555, and Diablo Canyon Nuclear Power the extent effected by the restructuring and to Christopher J. Warner, Esquire, Plant, Units 1 and 2); Order Approving of PG&E, is otherwise consistent with Pacific Gas & Electric Company, Post Application Regarding the Corporate applicable provisions of law, Office Box 7442, San Francisco, Restructuring of Pacific Gas and regulations, and orders issued by the California 94120, attorney for PG&E. Electric Company by Establishment of Commission, subject to the conditions For further details with respect to this a Holding Company set forth herein. These findings are Order, see the application for approval supported by a Safety Evaluation dated of the corporate restructuring dated I October 18, 1996. November 1, 1995, which is available Pacific Gas and Electric Company III for public inspection at the (PG&E) is sole owner of Humboldt Bay Commission’s Public Document Room, Accordingly, pursuant to Sections the Gelman Building, 2120 L Street, Power Plant (HBPP), Unit 3, and Diablo 161b, 161i, 161o, and 184 of the Atomic Canyon Nuclear Power Plant (DCPP), NW., Washington, DC, and at the local Energy Act of 1954, as amended, 42 public document room located at the Units 1 and 2. PG&E holds Facility USC 2201(b), 2201(i), 2201(o) and 2234, Operating License No. DPR–7 issued by California Polytechnic State University, and 10 CFR 50.80, it is hereby ordered Robert E. Kennedy Library, Government the U.S. Atomic Energy Commission that the Commission approves the (AEC) and holds Facility Operating Documents and Maps Department, San application regarding the restructuring Luis Obispo, California 93407. License Nos. DPR–80 and DPR–82 of PG&E subject to the following: (1) issued by the U.S. Nuclear Regulatory PG&E shall provide the Director of the Dated at Rockville, Maryland, this 18th day of October 1996. Commission (NRC) pursuant to Part 50 Office of Nuclear Reactor Regulation a of Title 10 of the Code of Federal copy of any application, at the time it For the Nuclear Regulatory Commission. Regulations (10 CFR Part 50) on August is filed, to transfer (excluding grants of Frank J. Miraglia, 28, 1962, November 2, 1984 and August security interests or liens) from PG&E to Acting Director, Office of Nuclear Reactor 26, 1985, respectively. Under these its proposed parent or to any other Regulation. licenses, PG&E has the authority to affiliated company, facilities for the [FR Doc. 96–27293 Filed 10–23–96; 8:45 am] possess, but not operate the Humboldt production, transmission, or BILLING CODE 7590±01±P Bay Power Plant, Unit 3, and to operate distribution of electric energy having a Diablo Canyon Nuclear Power Plant, depreciated book value exceeding ten Units 1 and 2. Humboldt Bay is located [Docket Nos. 50±289 and 50±320; Docket percent (10%) of PG&E’s consolidated Nos. 50±171, 50±277, 50±278] in Humboldt County, California and net utility plant, as recorded on PG&E’s Diablo Canyon is located in San Luis books of account; and (2) should the GPU Nuclear Corporation, Three Mile Obispo County, California. restructuring of PG&E not be completed Island Nuclear Station and II by December 31, 1997, this Order shall Philadelphia Electric Company, Peach become null and void, provided, Bottom Atomic Power Station; By letter dated November 1, 1995, however, on application and for good Extension of Temporary Reduction in PG&E informed the Commission that it cause shown, such date may be Local Public Document Room Services was in the process of implementing a extended. corporate restructuring that will result Notice is hereby given that portions of in the creation of a holding company IV the State Library of Pennsylvania, under the temporary name PG&E Parent By November 25, 1996, any person Harrisburg, Pennsylvania, which serves Co., Inc. (‘‘Parent Company’’) of which adversely affected by this Order may file as the Nuclear Regulatory Commission PG&E would become a subsidiary. a request for a hearing with respect to (NRC) local public document room Under the restructuring, the holders of issuance of the Order. Any person (LPDR) for the GPU Nuclear PG&E common stock will become requesting a hearing shall set forth with Corporation’s Three Mile Island Nuclear holders of common stock of the Parent particularity how that interest is Station and the Philadelphia Electric Company. PG&E requested, to the extent adversely affected by this Order and Company’s Peach Bottom Atomic Power necessary, the Commission’s approval of shall address the criteria set forth in 10 Station, are now open to the public. The the corporate restructuring, pursuant to CFR 2.714(d). open areas include the basement level 10 CFR 50.80. Notice of this application If a hearing is to be held, the section that contains NRC microfiche of for approval was published in the Commission will issue an Order most of the Three Mile Island records Federal Register on April 5, 1996 (61 FR designating the time and place of such and the Peach Bottom records issued 15314), and an Environmental hearing. since January 1981. The stack area that Assessment and Finding of No The issue to be considered at any contains hard copy NRC records will Significant Impact was published in the such hearing shall be whether this continue to be closed to the public for Federal Register on June 18, 1996 (61 Order should be sustained. approximately six more months so that FR 30924). Any request for a hearing must be lead can be removed from the building. Under 10 CFR 50.80(a), no license filed with the Secretary of the Notice of the temporary reduction in shall be transferred, directly or Commission, U.S. Nuclear Regulatory LPDR services was published in the indirectly, through transfer of control of Commission, Washington, DC 20555– Federal Register on October 17, 1995 the license, unless the Commission shall 0001, Attention: Docketing and Services (60 FR 53816). give its consent in writing. Upon review Branch, or may be delivered to 11555 During the lead removal project, every of the information submitted in the Rockville Pike, Rockville, Maryland effort will be made to meet the letter of November 1, 1995, and other between 7:45 a.m. and 4:15 p.m. informational needs of LPDR patrons. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55175

Library staff will continue to perform to obtain the emergency plan before memoranda will be due 20 days from online searches in NRC’s NUDOCS submission to the NRC. the issuance of the request and the database to help patrons identify agency The Petition has been referred to the Postal Service shall serve a copy of its records. The locations of other LPDRs Office of Nuclear Material Safety and memoranda on the petitioners. The that maintain records on Peach Bottom Safeguards pursuant to 10 CFR 2.206. Postal Service may incorporate by and Three Mile Island can be obtained As provided by 10 CFR 2.206, reference in its briefs or motions, any by contacting the NRC LPDR staff. Their appropriate action will be taken with arguments presented in memoranda it toll-free telephone number is (800) 638– regard to the specific issues raised by previously filed in this docket. If 8081. Requests for records may also be the Petition in a reasonable time. A copy necessary, the Commission also may ask addressed to the NRC’s Public of the Petition is available for inspection petitioners or the Postal Service for Document Room (PDR), 2120 L Street at the Commission’s Public Document more information. NW., Lower Level, Washington, DC Room at 2120 L Street, NW, The Commission Orders 20555–0001. The PDR’s toll-free Washington, DC 20555. (a) The Postal Service shall file the telephone number is (800) 397–4209. Dated at Rockville, Maryland, this 11th day Persons interested in using the of October 1996. record in this appeal by October 30, Harrisburg LPDR collection while the 1996. For the Nuclear Regulatory Commission. (b) The Secretary of the Postal Rate stack areas are closed are asked to Carl J. Paperiello, contact the State Library of Commission shall publish this Notice Director, Office of Nuclear Material Safety and Order and Procedural Schedule in Pennsylvania at (717) 787–2327, or the and Safeguards. NRC LPDR staff at their toll-free the Federal Register. [FR Doc. 96–27295 Filed 10–23–96; 8:45 am] telephone number listed above. By the Commission. BILLING CODE 7590±01±P Questions concerning the NRC’s Margaret P. Crenshaw, LPDR program or the availability of Secretary. agency documents in the Harrisburg Appendix area should be addressed to Ms. Jona L. POSTAL RATE COMMISSION Souder, LPDR Program Manager, [Docket No. A97±2; Order No. 1137] October 15, 1996 Freedom of Information/Local Public Filing of Appeal letter Notice and Order Accepting Appeal October 18, 1996 Document Room Branch, U.S. Nuclear Commission Notice and Order of Filing of Regulatory Commission, Washington, and Establishing Procedural Schedule Appeal DC 20555–0001, telephone number Under 39 U.S.C. 404(b)(5) November 8, 1996 (800) 638–8081. Last day of filing of petitions to intervene Before Commissioners: Edward J. Gleiman, [see 39 CFR 3001.111(b)] Dated at Rockville, Maryland, this 18th day Chairman; H. Edward Quick, Jr., Vice- November 19, 1996 of October, 1996. Chairman; George W. Haley; W.H. ‘‘Trey’’ Petitioners’ Participant Statement or Initial For the Nuclear Regulatory Commission. LeBlanc III. Brief [see 39 CFR 3001.115 (a) and (b)] David L. Meyer, In the Matter of: Atlantic, Maine 04608 December 9, 1996 Acting Director, Division of Freedom of (Steven W. Wheaton, et al., Petitioners). Postal Service’s Answering Brief [see 39 Information and Publications Services, Office Issued October 18, 1996. CFR 3001.115(c)] of Administration. Docket Number: A97–2. December 24, 1996 Petitioners’ Reply Brief should Petitioner [FR Doc. 96–27294 Filed 10–23–96; 8:45 am] Name of Affected Post Office: choose to file one [see 39 CFR BILLING CODE 7590±01±P±M Atlantic, Maine 04608. 3001.115(d)] Name(s) of Petitioner(s): Steven W. December 31, 1996 Wheaton, et al. Deadline for motions by any party [Docket No. 72±18] Type of Determination: Closing. requesting oral argument. The Date of Filing of Appeal Papers: Commission will schedule oral argument In the Matter of Northern States Power October 15, 1996. only when it is a necessary addition to Company and Florence Township, Categories of Issues Apparently the written filings [see 39 CFR 3001.116] February 12, 1997 Minnesota; Receipt of Petition for Raised: 1. Effect on postal services [39 U.S.C. Expiration of the Commission’s 120-day Director's Decision Under 10 CFR decisional schedule [see 39 U.S.C. 2.206 404(b)(2)(C)]. 404(b)(5)] 2. Effect on the community [39 U.S.C. Notice is hereby given that by a 404(b)(2)(A)]. [FR Doc. 96–27251 Filed 10–23–96; 8:45 am] Petition dated August 26, 1996, After the Postal Service files the BILLING CODE 7710±FW±P Florence Township (Petitioner) administrative record and the requested that the Nuclear Regulatory Commission reviews it, the Commission [Docket No. A97±1 Order No. 1136] Commission take enforcement action may find that there are more legal issues against Northern States Power Company than those set forth above. Or, the Notice and Order Accepting Appeal (NSP) for violating the NRC’s Commission may find that the Postal and Establishing Procedural Schedule regulations by failing to provide the Service’s determination disposes of one Under 39 U.S.C. § 404(b)(5) Petitioner with an opportunity to or more of those issues. comment on a proposed emergency plan The Postal Reorganization Act Before Commissioners: Edward J. Gleiman, for the Goodhue County Independent requires that the Commission issue its Chairman; H. Edward Quick, Jr., Vice- Spent Fuel Storage Installation before decision within 120 days from the date Chairman; George W. Haley; W.H. ‘‘Trey’’ LeBlanc III. submission to the NRC. Specifically, the this appeal was filed (39 U.S.C. 404 In the Matter of: Green Mountain, Iowa Petitioner asks that the NRC impose a (b)(5)). In the interest of expedition, in 50637: (Sharon Somers, Petitioner). penalty in the amount of $1,000,000 and light of the 120-day decision schedule, Issued October 18, 1996. require NSP to compensate Petitioner in the Commission may request the Postal Docket Number: A97–1. the amount of $7,500 for time expended Service to submit memoranda of law on Name of Affected Post Office: Green by its Board and attorney in attempting any appropriate issue. If requested, such Mountain, Iowa 50637. 55176 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Name(s) of Petitioner(s): Sharon Petitioner’s Reply Brief should Petitioner (Division of Investment Management, Somers. choose to file one [see 39 C.F.R. Office of Investment Company 3001.115(d)] Regulation). Type of Determination: Closing. December 31, 1996 Date of Filing of Appeal Papers: Deadline for motions by any party SUPPLEMENTARY INFORMATION: The October 15, 1996. requesting oral argument. The following is a summary of the Categories of Issues Apparently Commission will schedule oral argument application. The complete application Raised: only when it is a necessary addition to may be obtained for a fee from the SEC’s the written filings [see 39 C.F.R. Public Reference Branch. 1. Effect on postal services [39 U.S.C. 3001.116] 404(b)(2)(C)]. February 12, 1997 Applicant’s Representations 2. Effect on the community [39 U.S.C. Expiration of the Commission’s 120-day 404(b)(2)(A)]. decisional schedule [see 39 U.S.C. 1. Applicant is a unit investment trust 404(b)(5)] After the Postal Service files the registered under the Act. On March 25, administrative record and the [FR Doc. 96–27250 Filed 10–23–96; 8:45 am] 1988, applicant filed a notification of Commission reviews it, the Commission BILLING CODE 7710±FW±P registration on Form N–8A pursuant to may find that there are more legal issues section 8(a) of the Act and a registration than those set forth above. Or, the statement on Form N–8B–2 pursuant to section 8(b) of the Act. On the same Commission may find that the Postal SECURITIES AND EXCHANGE date, applicant filed a registration Service’s determination disposes of one COMMISSION or more of those issues. statement on Form S–6 under the Securities Act of 1933 to register its The Postal Reorganization Act [Investment Company Act Release No. 22287; 811±5521] shares. requires that the Commission issue its decision within 120 days from the date Home Network Unit Investment Trust; 2. Applicant’s registration statement this appeal was filed (39 U.S.C. Notice of Application was withdrawn on June 27, 1989, before 404(b)(5)). In the interest of expedition, it was declared effective. Applicant has in light of the 120-day decision October 17, 1996. never made a public offering of its schedule, the Commission may request AGENCY: Securities and Exchange securities. the Postal Service to submit memoranda Commission (‘‘SEC’’). 3. Applicant has no securityholders, of law on any appropriate issue. If ACTION: Notice of application for debts, liabilities, or assets. Applicant is requested, such memoranda will be due deregistration under the Investment not a party to any litigation or 20 days from the issuance of the request Company Act of 1940 (the ‘‘Act’’). administrative proceeding. Applicant is and the Postal Service shall serve a copy not now engaged, nor does it propose to of its memoranda on the petitioners. APPLICANT: Home Network Unit engage, in any business activities other The Postal Service may incorporate by Investment Trust. than those necessary for the winding up reference in its briefs or motions, any RELEVANT ACT SECTION: Section 8(f). of its affairs. arguments presented in memoranda it SUMMARY OF APPLICATION: Applicant For the SEC, by the Division of Investment previously filed in this docket. If requests an order declaring that it has Management, under delegated authority. necessary, the Commission also may ask ceased to be an investment company. petitioners or the Postal Service for Margaret H. McFarland, FILING DATE: The application was filed Deputy Secretary. more information. on October 9, 1996. [FR Doc. 96–27302 Filed 10–23–96; 8:45 am] HEARING OR NOTIFICATION OF HEARING The Commission Orders : An BILLING CODE 8010±01±M order granting the application will be (a) The Postal Service shall file the issued unless the SEC orders a hearing. record in this appeal by October 30, Interested persons may request a 1996. hearing by writing to the SEC’s [Release No. 34±37839; File No. SR±Amex± 96±35] (b) The Secretary of the Postal Rate Secretary and serving applicant with a Commission shall publish this Notice copy of the request, personally or by Self-Regulatory Organizations; Notice and Order and Procedural Schedule in mail. Hearing requests should be the Federal Register. of Filing of Proposed Rule Change by received by the SEC by 5:30 p.m. on American Stock Exchange, Inc. By the Commission. November 12, 1996, and should be Relating to the Trading of Options on Margaret P. Crenshaw, accompanied by proof of service on the The Tobacco Index SM Secretary. applicant, in the form of an affidavit or, for lawyers, a certificate of service. October 17, 1996. Appendix Hearing requests should state the nature Pursuant to Section 19(b)(1) of the October 15, 1996 of the writer’s interest, the reason for the Filing of Appeal letter Securities Exchange Act of 1934, 15 request, and the issues contested. U.S.C. 78s(b)(1), notice is hereby given October 18, 1996 Persons may request notification of a Commission Notice and Order of Filing of that on October 1, 1996, the American Appeal hearing by writing to the SEC’s Stock Exchange, Inc. (‘‘Amex’’ or November 8, 1996 Secretary. ‘‘Exchange’’) filed with the Securities Last day of filing of petitions to intervene ADDRESSES: Secretary, SEC, 450 Fifth and Exchange Commission (‘‘SEC’’ or [see 39 C.F.R. 3001.111(b)] Street, N.W., Washington, D.C. 20549. ‘‘Commission’’) the proposed rule November 19, 1996 Applicants, 2501 118th Avenue, North, change as described in Items I, II, and Petitioner’s Participant Statement or Initial St. Petersburg, Florida 33716. Brief [see 39 C.F.R. 3001.115(a) and (b)] III below, which Items have been December 9, 1996 FOR FURTHER INFORMATION CONTACT: prepared by the Amex. The Commission Postal Service’s Answering Brief [see 39 Diane L. Titus, Paralegal Specialist, at is publishing this notice to solicit C.F.R. 3001.115(c)] (202) 942–0584, or Mary Kay Frech, comments on the proposed rule change December 24, 1996 Branch Chief, at (202) 942–0564 from interested persons. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55177

I. Self-Regulatory Organization’s standards: (1) All component securities similar event with respect to the Statement of the Terms of Substance of are traded on the Amex or NYSE; (2) component stocks. In a merger or the Proposed Rule Change component stocks comprising the top 90 consolidation of an issuer of a The Amex proposes to trade options percent of the Index by weight have a component stock, if the stock remains in 1 on The Tobacco Index SM (‘‘Index’’), a market capitalization of at least $75 the Index, the number of shares of that new index developed by the Amex million, and those component stocks security in the portfolio may be composed of tobacco company stocks constituting the bottom 10 percent of adjusted, to the nearest whole share, to (or American Depositary Receipts the Index by weight have a market maintain the component’s relative (‘‘ADRs’’) thereon) which are traded on capitalization of at least $50 million; (3) weight in the Index at the level the Amex and the New York Stock foreign country securities or ADRs immediately prior to the corporate Exchange (‘‘NYSE’’). In addition, the thereon that are not subject to action. In the event of a stock addition Amex proposes to amend Rule 901C, comprehensive surveillance agreements or replacement, the average dollar value Commentary .01, to reflect that 90% of do not in the aggregate represent more of the remaining components will be the Index’s numerical value will be than 20% of the weight of the Index; calculated and that amount invested in accounted for by stocks that meet the and (4) at least 90% of the Index’s the stock of the new component to the current criteria and guidelines set forth numerical value and at least 80% of the nearest whole share. In all cases, the in Rule 915. total number of component securities is divisor will be adjusted, if necessary, to The text of the proposed rule change accounted for by stocks that meet the ensure Index continuity. is available at the Office of the current criteria and guidelines set forth Similar to other stock index values Secretary, Amex and at the Commission. in Rule 915. published by the Exchange, the value of b. Index Calculation. The Index is the Index will be calculated II. Self-Regulatory Organization’s calculated using an ‘‘equal-dollar continuously and disseminated every 15 Statement of the Purpose of, and weighting’’ methodology. The following seconds over the Consolidated Tape Statutory Basis for the Proposed Rule is a description of how equal-dollar Association’s Network B. Change weighting calculation method works. As c. Maintenance of the Index. The In its filing with the Commission, the of the market close on August 16, 1996, Exchange will maintain the Index so Amex included statements concerning a portfolio of tobacco company stocks that upon quarterly rebalancing (1) the the purpose of and basis for the was established representing an total number of component securities proposed rule change and discussed any investment of approximately $100,000 will not increase or decrease by more in the stock (rounded to the nearest comments it received on the proposed than 331⁄3% from the number of rule change. The text of these statements whole share) of each of the companies components in the Index at the time of may be examined at the places specified in the Index. The value of the Index its initial listing and in no event will the in Item IV below. The Amex has equals the current market value (i.e., Index have less than nine components; prepared summaries, set forth in based on U.S. primary market prices) of (2) component stocks constituting the sections A, B, and C below, of the most the sum of the assigned number of top 90% of the Index by weight will significant aspects of such statements. shares of each of the stocks in the Index have a minimum market capitalization portfolio divided by the Index divisor. of $75 million and the component A. Self-Regulatory Organization’s The Index divisor was initially Statement of the Purpose of, and the stocks constituting the bottom 10% of determined to yield the benchmark the Index by weight will have a Statutory Basis for, the Proposed Rule value of 250.00 at the close of trading Change minimum market capitalization of $50 on August 16, 1996. Quarterly million; (3) at least 90% of the Index’s 1. Purpose thereafter, following the close of trading numerical index value and at least 80% on the third Friday of February, May, The Exchange is proposing to trade of the total number of component August and November, the Index standardized options on the Index, an securities individually will meet the portfolio will be adjusted by changing equal-dollar weighted index developed then current criteria for standardized the number of whole shares of each by the Amex, representing a portfolio of option trading set forth in Exchange component stock so that each company large, actively traded tobacco company Rule 915; (4) stocks constituting 85% of is again represented in ‘‘equal’’ dollar stocks. the Index have a monthly trading amounts. If necessary, a divisor a. Eligibility Standards for Index volume of at least 500,000 shares for adjustment is made at the rebalancing to Components. The Index conforms with each of the last six months and those ensure continuity of the Index’s value. Exchange Rule 901C, which specifies stocks constituting 15% of the Index The newly adjusted portfolio becomes criteria for inclusion of stocks in an have a monthly trading volume of at the basis for the Index’s value on the index on which standardized options least 250,000 shares for each of the last first trading day following the quarterly will be traded. In addition, the Index six months; and (5) no single adjustment. conforms to most of the criteria set forth component will represent more than As noted above, the number of shares in Rule 901C, Commentary .02 (which 25% of the weight of the Index and the of each component stock in the Index provides for the commencement of five highest weighted components will portfolio remain fixed between quarterly trading of options on an index thirty represent no more than 60% of the review except in the event of certain days after the date of filing) except that Index at each quarterly rebalancing. types of corporate actions such as the there are only nine component payment of a dividend other than an The Exchange shall not open for securities, and that four (or 44%) of the ordinary cash dividend, stock trading any additional option series components have a minimum monthly distribution, stock split, reverse stock should the Index fail to satisfy any of volume during the preceding six months split, rights offering, distribution, the maintenance criteria set forth above of less than 1,000,000 shares, with one reorganization, recapitalization, or unless such failure is determined by the component having traded less than Exchange not to be significant and the 500,000 shares in at least one of the last 1 In the case of ADRs, this represents market Commission concurs in that six months. All of the component capitalization as measured by total world-wide determination or unless the continued securities meet the following eligibility shares outstanding. listing of options on the Index has been 55178 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices approved by the Commission pursuant of option contracts based on the Index. arguments concerning the foregoing. to Section 19(b)(2) of the Act. These Rules cover issues such as Persons making written submissions d. Expiration and Settlement. The surveillance, exercise prices, and should file six copies thereof with the proposed options on the Index will be position limits. Surveillance procedures Secretary, Securities and Exchange European style (i.e., exercises permitted currently used to monitor trading in Commission, 450 Fifth Street, N.W., at expiration only), and cash settled. each of the Exchange’s other index Washington, D.C. 20549. Copies of the Standard option trading hours (9:30 a.m. options will also be used to monitor submission, all subsequent to 4:10 p.m. New York time) will apply. trading in options on the Index. The amendments, all written statements The options on The Index will expire on Index is deemed to be a Stock Index with respect to the proposed rule the Saturday following the third Friday Option under Rule 901C(a) and a Stock change that are filed with the of the expiration month (‘‘Expiration Index Industry Group under Rule Commission, and all written Friday’’). The last trading day in an 900C(b)(1). With respect to Rule communications relating to the expiring option series will normally be 903C(b), the Exchange proposes to list proposed rule change between the the second to last business day near-the-money option series on the Commission and any person, other than preceding the Saturday following the Index at 21⁄2 point strike (exercise) price those that may be withheld from the third Friday of the expiration month intervals when the value of the Index is public in accordance with the (normally a Thursday). Trading in below 200 points. In addition, the provisions of 5 U.S.C. 552, will be expiring options will cease at the close Exchange expects that the review available for inspection and copying in of trading on the last trading day. required by Rule 904C(c) will result in the Commission’s Public Reference The Exchange plans to list options a position limit of 9,000 contracts with Section, 450 Fifth Street, N.W., series with expirations in the three near- respect to options on this Index. Washington, D.C. 20549. Copies of such term calendar months and in the two filing will also be available for 2. Basis additional calendar months in the inspection and copying at the principal February cycle. In addition, longer term The proposed rule change is office of the Amex. All submissions option series having up to thirty-six consistent with Section 6(b) of the Act should refer to the File No. SR–Amex– months to expiration may be traded. In in general and furthers the objectives of 96–35 and should be submitted by lieu of such long-term options on a full Section 6(b)(5) in particular in that it is November 14, 1996. value Index level, the Exchange may designed to prevent fraudulent and instead list long-term, reduced value put manipulative acts and practices, to For the Commission by the Division of Market Regulation, pursuant to delegated and call options based on one-tenth (1/ promote just and equitable principles of authority. 10th) the Index’s full value. In either trade, and is not designed to permit event, the interval between expiration unfair discrimination between Margaret H. McFarland, months for either a full value or reduced customers, issuers, brokers or dealers. Deputy Secretary. value long-term option will not be less [FR Doc. 96–27301 Filed 10–23–96; 8:45 am] than six months. The trading of any long B. Self-Regulatory Organization’s BILLING CODE 8010±01±M term options would be subject to the Statement on Burden on Competition same rules which govern the trading of The Amex does not believe the all the Exchange’s index options, proposed rule change will impose any [Release No. 34±37841; File No. SR±NSCC± including sales practice rules, margin burden on competition. requirements and floor trading 96±16] procedures and all options will have C. Self-Regulatory Organization’s European style exercise. Position limits Statement on Comments on the Self-Regulatory Organizations; on reduced value long term Index Proposed Rule Change Received From National Securities Clearing options will be equivalent to the Members, Participants or Others Corporation; Notice of Filing of Proposed Rule Change Relating to the position limits for regular (full value) No written comments were solicited Fund/Serv Service Index options and would be aggregated or received with respect to the proposed with such options (for example, if the rule change. October 18, 1996. position limit for the full value options is 9,000 contracts on the same side of III. Date of Effectiveness of the Pursuant to Section 19(b)(1) of the the market, then the position limit for Proposed Rule Change and Timing for Securities Exchange Act of 1934 (the the reduced value options will be Commission Action ‘‘Act’’),1 notice is hereby given that on 90,000 contracts on the same side of the Within 35 days of the date of August 15, 1996, the National Securities market). publication of this notice in the Federal Clearing Corporation (‘‘NSCC’’) filed The exercise settlement value for all Register or within such longer period (i) with the Securities and Exchange of the Index’s expiring options will be as the Commission may designate up to Commission (‘‘Commission’’) the calculated based upon the primary 90 days of such date if it finds such proposed rule change as described in exchange regular way opening sale longer period to be appropriate and Items I, II, and III below, which items prices for the component stocks. In the publishes its reasons for so finding or have been prepared primarily by NSCC. case of securities traded through the (ii) as to which the Amex consents, the On September 10, 1996, and on NASDAQ system, the first reported Commission will: September 30, 1996, NSCC filed regular way sale price will be used. If (A) By order approve such proposed amendments to the proposed rule any component stock does not open for rule change, or change.2 The Commission is publishing trading on its primary market on the last (B) Institute proceedings to determine this notice to solicit comments on the trading day before expiration, then the whether the proposed rule change prior day’s last sale price will be used should be disapproved. 1 15 U.S.C. 78s(b)(1) (1988). in the calculation. 2 Letters from Anthony H. Davidson, Associate e. Exchange Rules Applicable to Stock IV. Solicitation of Comments Counsel, NSCC, to Christine Sibille, Special Index Options. Amex Rules 900C Interested persons are invited to Counsel, Division of Market Regulation, Commission (September 6, 1996 and September 27, through 980C will apply to the trading submit written data, views and 1996). Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55179 proposed rule change from interested mutual funds shares is to be transferred request that has been confirmed or persons. (‘‘Receiving Fund Member’’) will reconfirmed and not exited will settle initiate a transfer by submitting a on the next settlement cycle after such I. Self-Regulatory Organization’s transfer request to NSCC indicating the confirmation or reconfirmation.6 On the Statement of the Terms of Substance of member from whom the value of IRA the Proposed Rule Change settlement date, NSCC will debit the mutual fund shares is to be transferred Delivering Fund Member’s account and The proposed rule change will permit (‘‘Delivering Fund Member’’). The credit the Receiving Fund Member’s a member to initiate a request to transfer transfer request should contain the account for the dollar value of the retirement assets within an individual CUSIP number, the customer Tax I.D. liquidated mutual fund shares. retirement account (‘‘IRA’’) to another number, the customer account number, Members may also need to make mutual fund through NSCC’s Fund/ the customer account registration, and adjustments after the transfer to account 3 Serv. the plan type (e.g., IRA, IRA rollover, or for items such as dividend and II. Self-Regulatory Organization’s Simplified Employee Pension IRA) as commission payments. The proposed Statement of the Purpose of, and established at the Receiving Fund rule change will modify Section 9 of Statutory Basis for, the Proposed Rule Member. Part A of Rule 52 to enable a member Change Upon receipt of the information from to make adjustments with another NSCC, the Delivering Fund Member will In its filing with the Commission, member in the same fashion as with compare the information contained in other Fund/Serv orders. The proposed NSCC included statements concerning the transfer request to its records and the purpose of and basis for the rule change also will make technical will either acknowledge or reject the modifications in order to reference this proposed rule change and discussed any transfer request by submitting either an comments it received on the proposed new capability in Section 1 of Part A of acknowledgment or rejection to NSCC. Rule 52 and will move certain general rule change. The text of these statements An acknowledgment should contain the may be examined at the places specified provisions to the end of Part A of Rule customer account information as the 52.7 in Item IV below. NSCC has prepared information appears to the Delivering summaries, set forth in sections (A), (B), NSCC will charge members the same Fund Member. The acknowledgement fee for these transfer requests as it and (C) below, of the most significant should also contain the customer’s aspects of such statements.4 charges for other Fund/Serv orders. current dollar and share balance at the Accordingly, the proposed rule change time of the acknowledgement. A (A) Self-Regulatory Organization’s will modify Addendum A of NSCC’s rejection should indicate the reason(s) Statement of the Purpose of, and rules to reflect a fee of $.35 per side per (e.g., stop code on account, invalid plan Statutory Basis for, the Proposed Rule transfer request. type, or invalid percentage rate) that the Change NSCC believes that the proposed rule Delivering Fund Member is rejecting the The purpose of the proposed rule change is consistent with the transfer request. The Delivering Fund 8 change is to modify NSCC’s Rule 52, Member will have up to two days from requirements of Section 17A of the Act Part A to enable members, including the submission of a transfer request to in that it will facilitate the prompt and mutual funds that are only members of acknowledge or reject the transfer accurate clearance and settlement of Fund/Serv, to transfer between each request. A transfer request that is not securities transactions and, in general, other the value of mutual fund shares responded to within two days by a protect investors and the public interest. held in IRAs on an automated basis. The Delivering Fund Member will be deleted (B) Self-Regulatory Organization’s proposed rule change is in response to from Fund/Serv. Statement on Burden on Competition a request by the Investment Company In order for a transfer to be scheduled NSCC does not believe that the Institute that NSCC develop a for settlement, the Delivering Fund proposed rule change will have an centralized automated system to Member will need to submit a impact on or impose a burden on facilitate transfers of the value of mutual confirmation to NSCC. Such competition. fund charges in IRAs.5 The proposed confirmation will provide information rule change will serve the industry goals on the price at which the position is (C) Self-Regulatory Organization’s of reducing the current manually liquidated as of two days after Statement on Comments on the intensive process of telephonic and acknowledgment. The Delivering Fund Proposed Rule Change Received From paper communications as well as Member will need to submit the Members, Participants, or Others promoting standardization and timely confirmation no earlier than two days No written comments relating to the processing of transfers. and no later than sixty days after the proposed rule change have been Section 21 will be added to Part A of submission of an acknowledgment. A solicited or received. NSCC will notify Rule 52 to set forth the following transfer request that is not confirmed by process of transfer initiation, a Delivering Fund Member within sixty 6 For example, the Receiving Fund Member could acknowledgment, rejection, days from the submission of an submit a transfer request on Day 1. The Delivering confirmation, reconfirmation, acknowledgment will be deleted from Fund Member could also acknowledge the transfer cancellation, and settlement. The Fund/Serv. If a Delivering Fund request on Day 1. The Delivering Fund Member member to whom the value of IRA Member wants to change any could confirm the value of the transfer on Day 3. Assuming the transfer is confirmed on Day 3, then information contained in the the transfer could settle on Day 4. 3 Fund/Serv, which is part of NSCC’s Mutual confirmation it will be permitted to Fund Services, is an NSCC service that permits 7 Section 22, regarding members’ legal rights and NSCC members to process and to settle on an submit a reconfirmation. A Delivering obligations arising out of Fund/Serv transactions, automated basis mutual fund purchase and Fund Member must submit a will be renumbered Section 46. Section 13, redemption orders and to transmit registration reconfirmation prior to 11 a.m. on the requiring both NSCC and its members to report instructions. day of settlement. certain data, and Section 14, giving discretionary 4 The Commission has modified the text of the A Receiving Fund Member may power to NSCC to prohibit orders, will be summaries prepared by NSCC. renumbered Sections 47 and 48, respectively. 5 Currently, the mutual fund industry relies on cancel a transfer request by submitting an exit instruction to NSCC prior to 11 Section 18, regarding NSCC’s right to delete telephonic and paper communications to process uncompleted Fund/Serv items, will be renumbered these transfers. a.m. on the day of settlement. A transfer Section 49. 8 15 U.S.C. 78q–1 (1988). 55180 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices the Commission of any written SUMMARY: In accordance with the Annual Responses: 900,000. comments received by NSCC. Paperwork Reduction Act of 1995, this Annual Burden: 90,000. notice announces the Small Business Comments: Send all comments III. Date of Effectiveness of the Administration’s intentions to request regarding this information collection to Proposed Rule Change and Timing for approval on a new, and/or currently John Bebris, Director, Business Commission Action approved information collection. Education & Resource Management, Within thirty-five days of the date of DATES: Comments should be submitted Office of Business Initiatives, Small publication of this notice in the Federal on or before December 23, 1996. Business Administration, 409 3d Street, Register or within such longer period (i) FOR FURTHER INFORMATION CONTACT: S.W., Suite 6100 Washington, D.C. as the Commission may designate up to Curtis B. Rich, Management Analyst, 20416. Phone No. 202–205–7424. ninety days of such date if it finds such Small Business Administration, 409 3rd Send comments regarding whether longer period to be appropriate and Street, S.W., Suite 5000, Washington, this information collection is necessary publishes its reasons for so finding or D.C. 20416. Phone Number: 202–205– for the proper performance of the (ii) as to which the self-regulatory 6629. function of the agency, accuracy of organization consents, the Commission burden estimate, in addition to ways to will: SUPPLEMENTARY INFORMATION: minimize this estimate, and ways to (A) By order approve such proposed Title: ‘‘Secondary Participation enhance the quality. rule change or Guaranty and Certification Agreement.’’ Title: ‘‘Survey of High Technology (B) Institute proceedings to determine Type of Request: Extension of Firms’’. whether the proposed rule change Currently Approved Collections. Type of Request: Extension of should be disapproved. Form No’s.: 1086, 1085, 1502. Currently Approved Collections. Description of Respondent: SBA IV. Solicitation of Comments Form No.: SBA Form 1967. Participating Lenders. Description of Respondents: Small Interested persons are invited to Annual Responses: 8,300. Businesses. submit written data, views, and Annual Burden: 31,125. Annual Responses: 1. arguments concerning the foregoing. Comments: Send all comments Annual Burden: 500. Persons making written submissions regarding this information collection to Comments: Send all comments should file six copies thereof with the James Hammersley, Director, Secondary regarding this information collection to Secretary, Securities and Exchange Market Activities, Office of Financial Bruce D. Phillips, Director, Office of Commission, 450 Fifth Street NW., Assistance, Small Business Economic Research, Small Business Washington, DC 20549. Copies of the Administration, 409 3rd Street, S.W., Administration, 409 3d Street, S.W., submission, all subsequent Suite 8300 Washington, D.C. 20416. Suite 7800 Washington, D.C. 20416. amendments, all written statements Phone No.: 202–205–7505. Phone No. 202–205–6530. with respect to the proposed rule Send comments regarding whether Send comments regarding whether change that are filed with the this information collection is necessary this information collection is necessary Commission, and all written for the proper performance of the for the proper performance of the communications relating to the function of the agency, accuracy of function of the agency, accuracy of proposed rule change between the burden estimate, in addition to ways to burden estimate, in addition to ways to Commission and any person, other than minimize this estimate, and ways to minimize this estimate, and ways to those that may be withheld from the enhance the quality. enhance the quality. Title: ‘‘8(a) Annual Update as public in accordance with the Title: ‘‘Contract Progress Report of provisions of 5 U.S.C. 552, will be prescribed in the Small Business Act’’. Type of Request: Extension of Certificate of Competency’’. available for inspection and copying in Type of Request: Extension of Currently Approved Collections. the Commission’s Public Reference Currently Approved Collections. Room in Washington, DC. Copies of Form No.: SBA Form 1450. Description of Respondents: 8(a) Description of Respondents: Small such filing will also be available for Business Contractors. inspection and copying at the principal Program Participants. Annual Responses: 5,000. Form No.: 104A. office of NSCC. All submissions should Annual Burden: 13,000. Annual Responses: 8,400. refer to the file number SR–NSCC–96– Comments: Send all comments Annual Burden: 4,200. 16 and should be submitted by regarding this information collection to Comments: Send all comments November 14, 1994. Sheryl Swed, Assistant Administrator, regarding this information collection to For the Commission by the Division of Office of Certification and Eligibility, Lou Emma Jones, Special Assistant, Market Regulation, pursuant to delegated Small Business Administration, 409 3d Office of Government Contracting, authority. Street, S.W., Suite 8000 Washington, Small Business Administration, 409 3rd Margaret H. McFarland, D.C. 20416. Phone No. 202–205–6416. Street, S.W., Suite 8800 Washington, Deputy Secretary. Send comments regarding whether D.C. 20416. Phone No.: 202–205–6460. [FR Doc. 96–27300 Filed 6–23–96; 8:45 am] this information collection is necessary Send comments regarding whether BILLING CODE 8010±01±M for the proper performance of the this information collection is necessary function of the agency, accuracy of for the proper performance of the burden estimate, in addition to ways to function of the agency, accuracy of minimize this estimate, and ways to burden estimate, in addition to ways to SMALL BUSINESS ADMINISTRATION enhance the quality. minimize this estimate, and ways to Title: ‘‘Counselor’s Case Report’’. enhance the quality. Data Collection Available for Public Type of Request: Extension of Title: ‘‘Personal Financial Statement.’’ Comments and Recommendations Currently Approved Collections. Type of Request: Extension of Form No.: SBA Form 641A. Currently Approved Collections. ACTION: Notice and request for Description of Respondents: SBI and Description of Respondents: Small comments. Score Counselors. Business Loan Applicants. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55181

Form No.: SBA Form 413. 6. Identification of the Delegation to the Dated: October 10, 1996. Annual Responses: 132,712. SG–4 Meeting in January. Russell A. LaMantia, 7. Other Business. Annual Burden: 199,068. Chairman, Shipping Coordinating Committee. Comments: Send comments regarding Members of the General Public may [FR Doc. 96–27296 Filed 10–23–96; 8:45 am] this information collection to Michael J. attend these meetings and join in the BILLING CODE 4710±07±M Dowd, Director, Office of Loan discussions, subject to the instructions Programs, Small Business of the Chairman of this Study Group, R. Administration, 409 31rd Street, S.W., A. Hedinger. Suite 8300 Washington, D.C. 20416. DEPARTMENT OF TRANSPORTATION Dated: October 17, 1996. Phone No.: 202–205–6570. Send comments regarding whether Warren G. Richards, Federal Aviation Administration this information collection is necessary Chairman, U.S. ITAC for ITU- for the proper performance of the Radiocommunication Sector. [Summary Notice No. PE±96±50] function of the agency, accuracy of [FR Doc. 96–27298 Filed 10–23–96; 8:45 am] Petitions for Exemption; Summary of burden estimate, in addition to ways to BILLING CODE 4710±45±M Petitions Received; Dispositions of minimize this estimate, and ways to Petitions Issued enhance the quality. [Public Notice No. 2454] Jacqueline White, AGENCY: Federal Aviation Chief, Administrative Information Branch. Shipping Coordinating Committee Administration, DOT. [FR Doc. 96–27206 Filed 10–23–96; 8:45 am] Subcommittee on Safety of Life at Sea ACTION: Notice of petitions for BILLING CODE 8025±01±M and Associated Bodies Working Group exemption received and of dispositions on Flag State Implementation; Notice of prior petitions; correction. of Meeting SUMMARY: This action corrects the DEPARTMENT OF STATE The Shipping Coordinating comment due date in a notice of Committee (SHC) will conduct an open [Public Notice No. 2457] petitions for exemption received and meeting at 10:00 A.M. on Friday, dispositions of prior petitions issued, United States International December 6, 1996, in Room 2415, at published on October 17, 1996, 61 FR Telecommunications Advisory U.S. Coast Guard Headquarters, 2100 54251. The comment close date should Committee, Radiocommunication Second Street, SW, Washington, DC read October 22, 1996, instead of Sector, Study Group 4ÐFixed Satellite 20593–0001. The purpose of the October 18, 1996. Service; Meeting Notice meeting is to finalize preparations for the Flag State Implementation (FSI) DATES: Comments on petitions received The Department of State announces Subcommittee on Safety of Life at Sea must identify the petition docket that the United States International (SOLAS) and associated bodies of the number involved and must be received Telecommunications Advisory International Maritime Organization on or before October 22, 1996. Committee (ITAC), (IMO) which is scheduled for January ADDRESSES: Send comments on any Radiocommunication Sector Study 13–17, 1997, at the IMO Headquarters in petition in triplicate to: Federal Group 4—Fixed Satellite Service will London. At this meeting, the U.S. Aviation Administration, Office of the meet on 14 November 1996 at 1:30 PM position on documents submitted for Chief Counsel, Attn: Rules Docket to 3:30 PM, in Room 825 at the Federal consideration at the fifth session of the (AGC–200), 800 Independence Avenue, Communications Commission, 2000 M FSI Subcommittee will be discussed. SW., Washington, DC 20591. Street, N.W., Washington, DC 20554. Among other things, the items of Study Group 4 studies and develops FOR FURTHER INFORMATION CONTACT: Fred particular interest are: Haynes (202) 267–3939 or Marisa recommendations concerning technical 1. Responsibilities of Governments and operating characteristics of systems Mullen (202) 267–9681 Office of and measures to encourage flag State Rulemaking (ARM–1), Federal Aviation and networks for the fixed-satellite compliance. service and inter-satellite links in the Administration, 800 Independence 2. Review of the interim guidelines for Avenue, SW., Washington, DC 20691. fixed-satellite service, including flag States (resolution A.740(18) on associated tracking, telemetry and Guidelines to assist flag States). Issued in Washington, DC, on October 21, telecommand functions. Some of the 3. Guidelines for unscheduled 1996. working parties associated with this inspections on Ro-Ro passenger ships. Donald P. Byrne, study group deal with efficient orbit/ 4. Work relating to the Human Assistant Chief Counsel for Regulations. spectrum utilization; systems, Element. [FR Doc. 96–27315 Filed 10–21–96; 2:19 pm] performance, availability and 5. Issuance of certificates to non-party BILLING CODE 4910±13±M maintenance; and sharing between fixed ships. satellite service and fixed service. 6. Voyage date recorders. The agenda of this meeting follows: 7. Reporting requirements in IMO Aviation Rulemaking Advisory 1. Review of Working Party Activities. instruments. Committee; Meeting 2. Identification and Discussion of 8. Casualty statistics and Recommendations and Questions to be investigations. AGENCY: Federal Aviation forwarded to SG–4 for approval in January 9. Port State control. Administration (FAA), DOT. 1997. Members of the public may attend the ACTION: Notice of meeting. 3. Identification and Discussion of meeting up to the capacity of the room. Recommendations and Questions to be Interested persons may seek information SUMMARY: The FAA is issuing this notice submitted for Approval by Correspondence. by writing: CDR R. Fitzpatrick, U.S. to advise the public of a meeting of the 4. Report on the Activities of the U.S. ITU– R Ad Hoc Group on Rapporteurs. Coast Guard Headquarters (G–MOC–2), Federal Aviation Administration 5. Review of relevant World 2100 Second Street, SW, Room 1116, Aviation Rulemaking Advisory Radiocommunication Conference 1997 (WRC Washington, DC 20593–0001 or by Committee to discuss general aviation ’97) Preparatory Activities. calling: (202) 267–1464. operations issues. 55182 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

DATES: The meeting will be held on (SC) 159/Working Group (WG) 4 will prepare an environmental impact November 12, 1996, at 1:00 p.m. meeting to be held November 12–15, statement (EIS) on a proposal to ADDRESSES: The meeting will be held at 1996, starting at 9:00 a.m. on November improve State Highway Route 52 in General Aviation Manufacturers 12 and concluding by noon on Atlantic and Cape May Counties, New Association, 1400 K Street NW., Suite November 15. The meeting will be held Jersey. The proposed improvements 108, Washington DC 20005. at Interstate Electronics Corporation, would involve the improvement of the FOR FURTHER INFORMATION CONTACT: Anaheim, CA. Mr. Carlos Cardon, the Causeway between Ocean City and Louis C. Cusimano, Assistant Executive host for the meeting, may be reached at Somers Point city for a distance of about Director for General Aviation (714) 758–2784 (phone) or (714) 758– 3.8 Kilometers (2.1 Miles) including Operations, Flight Standards Service 4080 (fax). replacement of four bridges (two fixed (AFS–800), 800 Independence Avenue, The agenda will be as follows: and two movable) over the waterway. SW., Washington, DC 20591. Telephone: (1) Chairman’s Introductory Remarks This may also result in the relocation of (202) 267–8452; FAX: (202) 267–5094. and Introduction of Attendees; (2) the Intercoastal Waterway. Review/Approval of Minutes of SUPPLEMENTARY INFORMATION: Pursuant Improvements to this highway are Previous Meeting; (3) Draft FAA LAAS to section 10(a)(2) of the Federal considered necessary to provide a safer Architecture; (4) Discussion of LAAS Advisory Committee Act (Pub. L. 92– roadway linking the two cities. Requirements; (5) Review of Chapter 1 463; 5 U.S.C. App. II), notice is hereby Alternatives under consideration of LAAS MASPS; (6) Update of LAAS given of a meeting of the Aviation include (1) No-Build; (2) replacing the Monitoring in Context with Linear Rulemaking Advisory Committee to bridges in kind on same alignment; (3) Model; (7) Review of MASPS Schedule discuss general aviation operations Replacing the bridges with one high and Schedule for Providing Comments issues. This meeting will be held on level fixed bridge with 18.28 meters (60 to the FAA on LAAS; (8) Date, Location, November 12, 1996, at 1:00 p.m., at feet) vertical under-clearance on an and Agenda of Next Meeting. General Aviation Manufacturers offset alignment; (4) Replacement on the Attendance is open to the interested same alignment with higher level Association, 1400 K Street, Suite 108, public but limited to space availability. Washington DC 20005. The agenda for movable bridges; (5) construction of With the approval of the chairman, high level fixed bridges at the current this meeting will include replacement of members of the public may present oral the ARAC Assistant Chair for General location of the movable bridges. statements at the meeting. Persons Incorporated into and studied with Aviation Operations and status reports wishing to present statements or obtain from the Part 103 (Ultralight Vehicles) various build alternatives will be design information should contact Mr. Keith variations of grade and alignment. Working Group and the Alternate McDonald, Chair of WG 4, at (703) 578– Letters describing the proposed action Weather Minimums Working Group. 0700; Dr. George Ligler, Cochair of WG Attendance is open to the interested and soliciting comments will be sent to 4A, at (301) 983–4388; or Mr. Harold public but may be limited to the space appropriate Federal, State, and Local Moses, RTCA Program Director, at (202) available. The public must make agencies, and to private organizations 833–9339 (phone) or (202) 833–9434 arrangements in advance to present oral and citizens who have previously (fax). Members of the public may statements at the meeting or may expressed or are known to have interest present a written statement to the present written statements to the in this proposal. A series of public committee at any time. committee at any time. In addition, sign meetings will be held during the and oral interpretation can be made Issued in Washington, DC, on October 21, development of this document. Public available at the meeting, as well as an 1996. notice will be given of the time and assistive listening device, if requested Janice L. Peters, place of the meetings and hearing. The 10 calendar days before the meeting. Designated Official. draft EIS will be available for public and Arrangements may be made by [FR Doc. 96–27317 Filed 10–23–96; 8:45 am] agency review and comment prior to contacting the person listed under the BILLING CODE 4810±13±M public hearing. A formal scoping heading FOR FURTHER INFORMATION meeting will be conducted before the CONTACT. end of 1996. Federal Highway Administration Issued in Washington, DC on October 21, To ensure that the full range of issues 1996. related to this proposed action are Environmental Impact Statement: addressed and all significant issues Louis C. Cusimano, Atlantic and Cape May Counties, NJ Assistant Executive Director for General identified, comments, and suggestions Aviation Operations Issues, Aviation AGENCY: Federal Highway are invited from all interested parties. Rulemaking Advisory Committee. Administration (FHWA), DOT. Comments or questions concerning this [FR Doc. 96–27316 Filed 10–23–96; 8:45 am] ACTION: Notice of intent. proposed action and the EIS should be BILLING CODE 4910±13±M directed to the FHWA at the address SUMMARY: The FHWA is issuing this provided above. notice to advise the public that an (Catalog of Federal Domestic Assistance [Special Committee 159/Working Group 4] environmental impact statement will be Program Number 20.205, Highway Research, prepared for a proposed highway project RTCA, Inc.; Minimum Operational Planning and Construction. The regulations in Atlantic and Cape May Counties, implementing Executive Order 12372 Performance Standards for Airborne New Jersey. regarding inter-governmental consultation on Navigation Equipment Using Global FOR FURTHER INFORMATION CONTACT: Federal programs and activities apply to this Positioning System (GPS); Precision Helene Cook, Division Bridge Engineer, program) Approach and Landing (CAT II/III); Federal Highway Administration, 840 Issued on: October 15, 1996. Meeting Bear Tavern Road, Suite 310, West Robin Schroeder, Pursuant to section 10(a)(2) of the Trenton, NJ 08628. Program Operations Team Leader FHWA— Federal Advisory Committee Act (Pub. SUPPLEMENTARY INFORMATION: The New Jersey Division, Trenton. L. 92–463, 5 U.S.C., Appendix 2), notice FHWA, in cooperation with the New [FR Doc. 96–27297 Filed 10–23–96; 8:45 am] is hereby given for a Special Committee Jersey Department of Transportation BILLING CODE 4910±22±M Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55183

Federal Railroad Administration days of the date of this notice will be Subdivision, associated with the considered by FRA before final action is installation of mast mounted stop signs. Petition for a Waiver of Compliance taken. Comments received after that The reason given for the proposed date will be considered as far as changes is that the signal appliances are In accordance with Title 49 Code of practicable. All written communications in very poor, nonmaintainable, and Federal Regulations (CFR) §§ 211.9 and concerning these proceedings are broken condition due to extensive 211.41, notice is hereby given that the available for examination during regular vandalism and age of the devices, and Federal Railroad Administration (FRA) business hours (9 a.m.–5 p.m.) at FRA’s the amount of business performed on has received a request for a waiver of temporary docket room located at 1120 this area of trackage does not warrant compliance with certain requirements of Vermont Avenue, N.W., Room 7051, the extensive repairs to maintain the the Federal railroad safety regulations. Washington, D.C. 20005. absolute signals. The individual petition is described below, including the party seeking Issued in Washington, D.C. on October 15, BS–AP–No. 3409 1996. relief, the regulatory provisions Applicant: Northern Vermont Railway involved, the nature of the relief being Phil Olekszyk, Company, Mr. Robert T. Schmidt, requested and the petitioner’s Deputy Associate Administrator for Safety President and CEO, Northern Main arguments in favor of relief. Compliance and Program Implementation. Junction Park, RR2 Box 45, Bangor, [FR Doc. 96–27261 Filed 10–23–96; 8:45 am] Transcisco Rail Services Company Maine 04401–9602 (Transcisco), FRA Waiver Petition BILLING CODE 4910±06±P The Northern Vermont Railway Docket No. RSEQ–96–1 Company seeks approval of the Transcisco seeks a waiver of Notice of Application for Approval of proposed discontinuance and removal compliance from that part of 49 CFR Discontinuance or Modification of a of the train signal system, on the single Part 240.105 Criteria for selection of Railroad Signal System or Relief From main track, between Newport, Vermont, designated supervisors of locomotive the Requirements of Title 49 CFR Part milepost 1.8 and Wells River, Vermont, engineers, specifically, paragraph (b)(4). 236 milepost 63.7, on the Lyndonville Transcisco operates over 4 miles of Subdivision; and between milepost 58.3 main track and an industrial yard Pursuant to Title 49 CFR Part 235 and and milepost 55.3, near Newport, within the city limits of Miles City, 49 U.S.C. App. 26, the following Vermont, on the Newport Subdivision, Montana. The grade is essentially level railroads have petitioned the Federal a total distance of approximately 65 and trains operate at a restricted speed Railroad Administration (FRA) seeking miles. The reasons given for the proposed not exceeding 10 mph. The railroad approval for the discontinuance or changes are that freight train service has traverses six public crossings at grade modification of the signal system or altered the operations in the application four which have active warning devices. relief from the requirements of Title 49 area, there have been no train meets for Transcisco operates one SW7 CFR Part 236 as detailed below. several years on the Lyndonville locomotive and has a GE 25 ton Block Signal Application (BS–AP)–No. Subdivision, and the maintenance and locomotive as a backup. Transcisco 3405 repair of the signal system is very usually operates 1 shift per day and expensive. interchanges with the BNSF on a Applicant: Union Pacific Railroad Any interested party desiring to transfer track owned by Transcisco Company, Mr. P. M. Abaray, Chief protest the granting of an application within Miles City limits. Transcisco Engineer-Signals/Quality, 1416 Dodge shall set forth specifically the grounds employs two locomotive engineers and Street, Room 1000, Omaha, Nebraska upon which the protest is made, and intends to certify both according to their 68179–0001 contain a concise statement of the program after the first becomes a The Union Pacific Railroad Company interest of the protestant in the Designated Supervisor of Locomotive seeks approval of the proposed proceeding. The original and two copies Engineers contingent upon the granting modification of the traffic control signal of the protest shall be filed with the of this wavier request. system, on the two main tracks, at Associate Administrator for Safety, Interested parties are invited to Stockton, California, milepost 91.8, on FRA, 400 Seventh Street, S.W., participate in these proceedings by the Canyon Subdivision, consisting of Washington, D.C. 20590 within 45 submitting written views, data, or the discontinuance and removal of calendar days of the date of issuance of comments. FRA does not anticipate controlled signals ‘‘L’’ and ‘‘R’’. this notice. Additionally, one copy of scheduling a public hearing in The reason given for the proposed the protest shall be furnished to the connection with these proceedings since changes is that train operations in the applicant at the address listed above. the facts do not appear to warrant a area no longer require signals at this FRA expects to be able to determine hearing. If any interested party desires location. these matters without oral hearing. an opportunity for oral comment, they BS–AP–No. 3408 However, if a specific request for an oral should notify FRA, in writing, before hearing is accompanied by a showing the end of the comment period and Applicant: R. J. Corman Railroad that the party is unable to adequately specify the basis for their request. Company, Mr. J.D. Boles, Supervisor present his or her position by written All communications concerning these of Signals, P.O. Box 337, Guthrie, statements, an application may be set proceedings should identify the Kentucky 42234 for public hearing. appropriate docket number (e.g., Waiver The R.J. Corman Railroad Company Petition Docket No. RSEQ–96–1) and seeks approval of the proposed Issued in Washington, D.C. on October 16, must be submitted in triplicate to the discontinuance and removal of the 1996. Docket Clerk, Office of Chief Counsel, North and South absolute signals, on the Phil Olekszyk, Federal Railroad Administration, Nassif single main track, governing movements Deputy Associate Administrator for Safety Building, 400 Seventh Street, S.W., over the Cumberland River Bridge, Compliance and Program Implementation. Washington, D.C. 20590. milepost 178.0, near Clarksville, [FR Doc. 96–27260 Filed 10–23–96; 8:45 am] Communications received within 30 Tennessee, Memphis Line, Clarksville BILLING CODE 4910±06±P 55184 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Research and Special Programs DATES: Written comments should be of the burden of the collection of Administration received on or before December 23, 1996 information; (c) ways to enhance the to be assured of consideration. quality, utility, and clarity of the Privacy Act of 1974: Deletion of ADDRESSES: Direct all written comments information to be collected; (d) ways to System of Records Notice to Garrick R. Shear, Internal Revenue minimize the burden of the collection of information on respondents, including AGENCY: Research and Special Programs Service, room 5571, 1111 Constitution Avenue NW., Washington, DC 20224. through the use of automated collection Administration, U.S. Department of techniques or other forms of information Transportation. FOR FURTHER INFORMATION CONTACT: Requests for additional information or technology; and (e) estimates of capital ACTION: Notice to delete Privacy Act or start-up costs and costs of operation, system of records. copies of the information collection should be directed to Carol Savage, maintenance, and purchase of services to provide information. SUMMARY: The Department of (202) 622–3945, Internal Revenue Transportation is deleting the following Service, room 5569, 1111 Constitution Approved: October 18, 1996. system from its inventory of Privacy Act Avenue NW., Washington, DC 20224. Garrick R. Shear, IRS Reports Clearance Officer. systems of records notices. SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: October 24, 1996. [FR Doc. 96–27342 Filed 10–23–96; 8:45 am] Title: Supervisor Assessment - SES BILLING CODE 4830±01±U FOR FURTHER INFORMATION CONTACT: Candidate Development Program. Crystal M. Bush, Privacy Coordinator, OMB Number: 1545–1369. U.S. Department of Transportation, Form Number: Form 9514. [FI±189±84] Washington, DC 20590, Telephone: Abstract: Form 9514 will be used to Proposed Collection; Comment (202) 366–9713. collect information from applicants for Request for Regulation Project SUPPLEMENTARY INFORMATION: In the Senior Executive Service Candidate accordance with the Privacy Act of Development Program. The form AGENCY: Internal Revenue Service (IRS), 1974, the Department of Transportation provides additional information to be Treasury. conducted a review of its Privacy Act used by executive panels to rate and ACTION: Notice and request for systems of records and determined the rank applicants against the criteria for comments. following records are no longer being selection into the program. maintained by the Department. Current Actions: There are no changes SUMMARY: The Department of the being made to the form at this time. Treasury, as part of its continuing effort System No. System name Type of Review: Extension of a to reduce paperwork and respondent currently approved collection. burden, invites the general public and DOT/TSC 716 ...... Technology Sharing Affected Public: Individuals or other Federal agencies to take this Mailing List. households, and Federal Government. opportunity to comment on proposed and/or continuing information Dated: October 16, 1996. Estimated Number of Respondents: 300. collections, as required by the Crystal M. Bush, Estimated Time Per Respondent: 5 Paperwork Reduction Act of 1995, Privacy Act Coordinator. hours. Public Law 104–13 (44 U.S.C. [FR Doc. 96–27270 Filed 10–23–96; 8:45 am] Estimated Total Annual Burden 3506(c)(2)(A)). Currently, the IRS is BILLING CODE 4910±62±P Hours: 1,500. soliciting comments concerning an The following paragraph applies to all existing final regulation, FI–189–84 (TD of the collections of information covered 8517), Debt Instruments With Original by this notice: Issue Discount; Imputed Interest on DEPARTMENT OF THE TREASURY An agency may not conduct or Deferred Payment Sales or Exchanges of Property (§§ 1.1272–3, 1.1273–2(h), Internal Revenue Service sponsor, and a person is not required to respond to, a collection of information 1.1274- 3(d), 1.1274–5(b), 1.1274A–1(c), Proposed Collection; Comment unless the collection of information and 1.1275–3(b)). Request For Form 9514 displays a valid OMB control number. DATES: Written comments should be Books or records relating to a collection received on or before December 23, 1996 AGENCY: Internal Revenue Service (IRS), of information must be retained as long to be assured of consideration. Treasury. as their contents may become material ADDRESSES: Direct all written comments ACTION: Notice and request for in the administration of any internal to Garrick R. Shear, Internal Revenue comments. revenue law. Generally, tax returns and Service, room 5571, 1111 Constitution tax return information are confidential, Avenue NW., Washington, DC 20224. SUMMARY: The Department of the as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: Treasury, as part of its continuing effort Request for Comments Requests for additional information or to reduce paperwork and respondent copies of the information collection burden, invites the general public and Comments submitted in response to should be directed to Carol Savage, other Federal agencies to take this this notice will be summarized and/or (202) 622–3945, Internal Revenue opportunity to comment on proposed included in the request for OMB Service, room 5569, 1111 Constitution and/or continuing information approval. All comments will become a Avenue NW., Washington, DC 20224. collections, as required by the matter of public record. Comments are Paperwork Reduction Act of 1995, invited on: (a) Whether the collection of SUPPLEMENTARY INFORMATION: Public Law 104–13 (44 U.S.C. information is necessary for the proper Title: Debt Instruments With Original 3506(c)(2)(A)). Currently, the IRS is performance of the functions of the Issue Discount; Imputed Interest on soliciting comments concerning Form agency, including whether the Deferred Payment Sales or Exchanges of 9514, Supervisor Assessment—SES information shall have practical utility; Property. Candidate Development Program. (b) the accuracy of the agency’s estimate OMB Number: 1545–1353. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55185

Regulation Project Number: FI–189– DEPARTMENT OF VETERANS loan servicing, liquidations and claims 84 (Final). AFFAIRS on outstanding GI loans. Abstract: These regulations provide Current Actions: Holders of definitions, reporting requirements, Agency Information Collection guaranteed loans are required to notify elections, and general rules relating to Activities: Proposed Collection; the VA within 45 days of a loan default the tax treatment of debt instruments Comment Request by reason of nonpayment of any with original issue discount and the installment for a period of 60 days from AGENCY: imputation of, and accounting for, Veterans Benefits the date of the first uncured default. interest on certain sales or exchanges of Administration, Department of Veterans This notice is required by Title 38, property. Affairs. U.S.C. 3732(a)(1), and Title 38, CFR Current Actions: There is no change to ACTION: Notice. 36.4315. Holders are also required to this existing regulation. notify the VA of their intention to SUMMARY: Type of Review: Extension of OMB As part of its continuing effort foreclose. This notice is required by approval. to reduce paperwork and respondent Title 38, U.S.C. 3732(a)(2), and Title 38, Affected Public: Individuals or burden, the Veterans Benefits CFR 36.4317. After delivery of such households, business or other for-profit Administration (VBA) invites the notice to the VA, 30 days must pass organizations, farms, and state, local or general public and other Federal before the holder can begin court tribal governments. agencies to comment on this proceedings or give notice of sale under Estimated Number of Respondents: information collection. This request for power of sale or otherwise take steps to 525,000. comment is being made pursuant to the terminate the debtor’s rights in the Estimated Time Per Respondent: 21 Paperwork Reduction Act of 1995 minutes. security. (Public Law 104–13; 44 U.S.C. Many times, defaults are determined Estimated Total Annual Burden 3506(c)(2)(A)). Comments should Hours: 185,500. insoluble by holders at the time the address the accuracy of the burden notice of default is to be filed with the The following paragraph applies to all estimates and ways to minimize the of the collections of information covered VA. In such cases, holders are requested burden including the use of automated to file VA Form 26–6850a which will by this notice: collection techniques or the use of other An agency may not conduct or provide both notice of default and intent forms of information technology, as well sponsor, and a person is not required to to foreclose together on one form. as other relevant aspects of the respond to, a collection of information VA Form 26–6850a requires that information collection. unless the collection of information servicing efforts be fully explained so displays a valid OMB control number. DATES: Written comments and that the VA can determine whether Books or records relating to a collection recommendations on the proposal for supplemental servicing could develop of information must be retained as long the collection of information should be further information which might justify as their contents may become material received on or before December 23, the extension of forbearance to the in the administration of any internal 1996. veteran-borrower as opposed to revenue law. Generally, tax returns and ADDRESSES: Direct all written comments foreclosure. The information provided is tax return information are confidential, to Veterans Benefits Administration then used to coordinate the actions of as required by 26 U.S.C. 6103. (20S52), Department of Veterans Affairs, the VA and the holder to ensure that all legal requirements regarding foreclosure Request for Comments 810 Vermont Avenue, NW, Washington, DC 20420. All written comments will and claim payment are met. Comments submitted in response to become a matter of public record and Estimated Total Annual Burden: this notice will be summarized and/or will be summarized in the VBA request 66,166 hours. included in the request for OMB for Office of Management and Budget a. VA Form 26–6850—20,166 hours. approval. All comments will become a (OMB) approval. In this document VBA b. VA Form 26–6850a—26,000 hours. matter of public record. Comments are is soliciting comments concerning the c. VA Form 26–6851—20,000 hours. invited on: (a) Whether the collection of following information collection: Estimated Total Average Burden Per information is necessary for the proper OMB Control Number: 2900–0021. Respondent: 14 minutes. performance of the functions of the Titles and Form Numbers: Notice of a. VA Form 26–6850—10 minutes. agency, including whether the Default, VA Form 26–6850; Notice of b. VA Form 26–6850a—20 minutes. information shall have practical utility; Default and Intention to Foreclose, VA c. VA Form 26–6851—15 minutes. (b) the accuracy of the agency’s estimate Form 26–6850a; and Notice of Intention Frequency of Response: On occasion. of the burden of the collection of to Foreclose, VA Form 26–6851. Estimated Total Number of information; (c) ways to enhance the Type of Review: Extension of a Respondents: 279,000. quality, utility, and clarity of the currently approved collection. a. VA Form 26–6850—121,000 information to be collected; (d) ways to respondents. minimize the burden of the collection of Need and Uses: When the VA receives either VA Form 26–6850, 26–6850a, or b. VA Form 26–6850a—78,000 information on respondents, including respondents. through the use of automated collection 26–6851, the loan service representative will review the form and assign a rating c. VA Form 26,6851—80,000 techniques or other forms of information respondents. technology; and (e) estimates of capital as to the timeliness/completeness of the or start-up costs and costs of operation, holder’s report. A complete and timely FOR FURTHER INFORMATION CONTACT: maintenance, and purchase of services report is necessary to facilitate the VA’s Requests for additional information or to provide information. determination as to the need for and copies of the form should be directed to extent of supplemental servicing in Department of Veterans Affairs, Attn: Approved: October 18, 1996 individual cases. The loan status is then Nancy Kessinger, Veterans Benefits Garrick R. Shear, coded into LCS (Liquidation and Claims Administration (20S52), 810 Vermont IRS Reports Clearance Officer. System). LCS is a centralized automated Avenue, NW, Washington, DC 20420, [FR Doc. 96–27343 Filed 10–23–96; 8:45 am] data processing system for the telephone (202) 273–7079 or FAX (202) BILLING CODE 4830±01±U operational control of default reporting, 275–4884. 55186 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices

Dated: October 11, 1996. Current Actions: Title 38, U.S.C. Washington, DC 20420. All written By direction of the Secretary. 5902(b)(2), provides that the VA may comments will become a matter of Donald L. Neilson, recognize representatives of service public record and will be summarized Director, Information Management Service. organizations to assist beneficiaries in in the VBA request for Office of [FR Doc. 96–27242 Filed 10–23–96; 8:45 am] the prosecution of VA claims, but that Management and Budget (OMB) BILLING CODE 8320±01±M no individual shall be recognized unless approval. In this document VBA is such individual has filed a power of soliciting comments concerning the attorney, executed in a manner following information collection: Agency Information Collection prescribed by the VA. OMB Control Number: 2900–0156. Activities; Proposed Collection; Estimated Total Annual Burden: Comment Request 27,083 hours. Titles and Form Numbers: Notice of Estimated Total Average Burden Per Change in Student Status, VA Forms AGENCY: Veterans Benefits Respondent: 20 minutes. 22–1999b and 22–1999b–1. Administration, Department of Veterans Frequency of Response: On occasion. Type of Review: Extension of a Affairs. Estimated Total Number of currently approved collection. ACTION: Notice. Respondents: 325,000. Need and Uses: The information FOR FURTHER INFORMATION CONTACT: SUMMARY: As part of its continuing effort collected on the forms is used by the VA Requests for additional information or to reduce paperwork and respondent to determine if a claimant’s educational copies of the form should be directed to burden, the Veterans Benefits benefits are to be increased, decreased, Department of Veterans Affairs, Attn: Administration (VBA) invites the or terminated. Without this information, Nancy Kessinger, Veterans Benefits general public and other Federal the VA might underpay or overpay Administration (20M30), 810 Vermont agencies to comment on this benefits. information collection. This request for Avenue, NW, Washington, DC 20420, Current Actions: The VA is authorized comment is being made pursuant to the telephone (202) 273–7079 or FAX (202) to pay educational benefits to veterans Paperwork Reduction Act of 1995 (Pub. 275–4884. and other eligible persons pursuing L. 104–13; 44 U.S.C. 3506(c)(2)(A)). Dated: October 11, 1996. approved program of education under Comments should address the accuracy By direction of the Secretary. Chapters 30, 32, and 35, Title 38, U.S.C., of the burden estimates and ways to Donald L. Neilson, Chapter 1606, Title 10, U.S.C., and minimize the burden including the use Director, Information Management Service. Sections 901 and 903 of Public Law 96– of automated collection techniques or [FR Doc. 96–27243 Filed 10–23–96; 8:45 am] 342. Benefits are not payable when the use of other forms of information BILLING CODE 8320±01±M technology, as well as other relevant pursuit of the program is interrupted or aspects of the information collection. terminated, or is not in accordance with the regularly established policies and DATES: Written comments and Agency Information Collection regulations of the school. The school is recommendations on the proposal for Activities: Proposed Collection; required to report without delay to the the collection of information should be Comment Request VA, in the form prescribed by the VA, received on or before December 23, an interruption or termination, or a 1996. AGENCY: Veterans Benefits Administration, Department of Veterans finding of unsatisfactory attendance, ADDRESSES: Direct all written comments progress, or conduct. VA Forms 22– to Veterans Benefits Administration Affairs. ACTION: Notice. 1999b and 22–1999b–1 serve as this (20M30), Department of Veterans report to VA of such changes in Affairs, 810 Vermont Avenue, NW., SUMMARY: As part of its continuing effort enrollment status. Washington, DC 20420. All written to reduce paperwork and respondent comments will become a matter of Estimated Total Annual Burden: burden, the Veterans Benefits 73,563 hours. public record and will be summarized Administration (VBA) invites the in the VBA request for office of general public and other Federal Estimated Total Average Burden Per Management and Budget (OMB) agencies to comment on this Respondent: 5 minutes. approval. In this document VBA is information collection. This request for Frequency of Response: On occasion. soliciting comments concerning the comment is being made pursuant to the Estimated Total Number of following information collection: Paperwork Reduction Act of 1995 (Pub. OMB Control Number: 2900–0321. Respondents: 7,481. L. 104–13; 44 U.S.C. 3506(c)(2)(A)). Titles and Form Numbers: Comments should address the accuracy FOR FURTHER INFORMATION CONTACT: Appointment of Veterans Service of the burden estimates and ways to Organization as Claimant’s Requests for additional information or minimize the burden including the use Representative, VA Form 21–22. copies of the form should be directed to Type of Review: Revision of a of automated collection techniques or Department of Veterans Affairs, Attn: currently approved collection. the use of other forms of information Nancy Kessinger, Veterans Benefits Need and Uses: The form is used by technology, as well as other relevant Administration (20S52), 810 Vermont VA beneficiaries to appoint any one of aspects of the information collection. Avenue, NW, Washington, DC 20420, a number of recognized service DATES: Written comments and telephone (202) 273–7079 or FAX (202) organizations to represent them in the recommendations on the proposal for 275–4884. prosecution of their VA claims. The the collection of information should be Dated: October 11, 1996. received on or before December 23, information is used to determine who By direction of the Secretary. has access to the beneficiary’s claim file. 1996. Donald L. Neilson, In addition, it determines who has the ADDRESSES: Direct all written comments right to receive copies of to Veterans Benefits Administration Director, Information Management Service. correspondence from the VA to the (20S520), Department of Veterans [FR Doc. 96–27244 Filed 10–23–96; 8:45 am] beneficiary. Affairs, 810 Vermont Avenue, NW, BILLING CODE 8320±01±M Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Notices 55187

Agency Information Collection personal funds of patients accounts for (20S52), Department of Veterans Affairs, Activities: Proposed Collection; deceased veterans. 810 Vermont Avenue, NW, Washington, Comment Request Estimated Total Annual Burden: 175 DC 20420. All written comments will hours. become a matter of public record and AGENCY: Veterans Benefits Estimated Total Average Burden Per will be summarized in the VBA request Administration, Department of Veterans Respondent: 15 minutes. for Office of Management and Budget Affairs. Frequency of Response: On occasion. (OMB) approval. In this document VBA ACTION: Notice. Estimated Total Number of is soliciting comments concerning the Respondents: 700. following information collection: SUMMARY: As part of its continuing effort FOR FURTHER INFORMATION CONTACT: OMB Control Number: 2900–0523. to reduce paperwork and respondent Requests for additional information or Titles and Form Numbers: Loan burden, the Veterans Benefits copies of the form should be directed to Analysis, VA Form 26–6393. Administration (VBA) invites the Department of Veterans Affairs, Attn: general public and other Federal Nancy Kessinger, Veterans Benefits Type of Review: Extension of a agencies to comment on this Administration (20S52), 810 Vermont currently approved collection. information collection. This request for Avenue, NW, Washington, DC 20420, Need and Uses: The form is comment is being made pursuant to the telephone (202) 273–7079 or FAX (202) completed by representatives of lending Paperwork Reduction Act of 1995 (Pub. 275–4884. institution to determine the veteran- L. 104–13; 44 U.S.C. 3506(c)(2)(A)). Dated: October 11, 1996. borrower’s ability to qualify for a VA guaranteed loan. The information is Comments should address the accuracy By direction of the Secretary. used by the VA as evidence of the of the burden estimates and ways to Donald L. Neilson, lender’s adherence to VA credit minimize the burden including the use Director, Information Management Service. of automated collection techniques or standards. [FR Doc. 96–27245 Filed 10–23–96; 8:45 am] the use of other forms of information Current Actions: The form is currently technology, as well as other relevant BILLING CODE 8320±01±M used by representatives of lending aspects of the information collection. institutions and VA employees to DATES: Written comments and Agency Information Collection determine the ability of a veteran- recommendations on the proposal for Activities; Proposed Collection; applicant to qualify for any type VA- the collection of information should be Comment Request guaranteed loan authorized by Title 38, received on or before December 23, U.S.C. 3710(a). Lenders complete and 1996. AGENCY: Veterans Benefits submit the form to provide evidence Administration, Department of Veterans that the lender’s decision to submit a ADDRESSES: Direct all written comments Affairs: prior approval loan application or close to Veterans Benefits Administration ACTION: Notice. a loan on the automatic basis based (20S52), Department of Veterans Affairs, upon appropriate application of the VA 810 Vermont Avenue, NW, Washington, SUMMARY: As part of its continuing effort credit standards. DC 20420. All written comments will to reduce paperwork and respondent Estimated Total Annual Burden: become a matter of public record and burden, the Veterans Benefits 120,000 hours. will be summarized in the VBA request Administration (VBA) invites the for Office of Management and Budget general public and other Federal Estimated Total Average Burden Per (OMB) approval. In this document VBA agencies to comment on this Respondent: 30 minutes. is soliciting comments concerning the information collection. This request for Frequency of Response: On occasion. following information collection: comment is being made pursuant to the Estimated Total Number of OMB Control Number: 2900–0133. Paperwork Reduction Act of 1995 Respondents: 240,000. Titles and Form Numbers: (Public Law 104–13; 44 U.S.C. FOR FURTHER INFORMATION CONTACT: Application for Amounts on Deposit for 3506(c)(2)(A)). Comments should Requests for additional information or Deceased Veteran, VA Form 21–6898. address the accuracy of the burden copies of the form should be directed to Type of Review: Extension of a estimates and ways to minimize the Department of Veterans Affairs, Attn: currently approved collection. burden including the use of automated Nancy Kessinger, Veterans Benefits Need and Uses: The form is used to collection techniques or the use of other Administration (20S52), 810 Vermont gather the necessary information to forms of information technology, as well Avenue, NW, Washington, DC 20420, determine the individual(s) who may be as other relevant aspects of the telephone (202) 273–7079 or FAX (202) entitled to accrued benefits of deceased information collection. 275–4884. beneficiaries. Without this information, DATES: Written comments and the VA could not determine the proper recommendations on the proposal for Dated: October 11, 1996. individual(s) to receive any accrued the collection of information should be By direction of the Secretary. benefits. received on or before December 23, Donald L. Neilson, Current Actions: Title 38, U.S.C. 1996. Director, Information Management Service. 5502(d), provides for the payment of ADDRESSES: Direct all written comments [FR Doc. 96–27246 Filed 10–23–96; 8:45 am] accrued amounts on deposit in the to Veterans Benefits Administration BILLING CODE 8320±01±M 55188

Corrections Federal Register Vol. 61, No. 207

Thursday, October 24, 1996

This section of the FEDERAL REGISTER DEPARTMENT OF EDUCATION September 17, 1996, make the following contains editorial corrections of previously corrections: published Presidential, Rule, Proposed Rule, Office of Special Education and and Notice documents. These corrections are Rehabilitative Services; Proposed § 206.45 [Corrected] prepared by the Office of the Federal Priorities Register. Agency prepared corrections are 1. On page 49033, in the third issued as signed documents and appear in Correction column, in amendatory instruction 14, the appropriate document categories in the first line ‘‘§ 206.47’’ should read elsewhere in the issue. In notice document 96–25944 beginning on page 53032 in the issue of ‘‘§ 206.45.’’ Wednesday, October 9, 1996, make the 2. On the same page, in the same following correction: column, the section heading should DEPARTMENT OF AGRICULTURE On page 53032, in the first column, in read ‘‘§ 206.45 Eligible properties.’’ the DATES section, in the fourth line Food and Consumer Service insert ‘‘November 8, 1996’’ after the BILLING CODE 1505±01±D semicolon. 7 CFR Parts 271, 272, and 273 BILLING CODE 1505±01±D UNITED STATES INFORMATION AGENCY [Amendment No. 375] DEPARTMENT OF HOUSING AND Exchanges and Training Program With RIN 0584±AB76 URBAN DEVELOPMENT Russia, Ukraine, and Uzbekistan Food Stamp Program: Certification 24 CFR Part 208 Correction Provisions of the Mickey Leland [Docket No. FR-2958-F-05] Childhood Hunger Relief Act In notice document 96–26378 RIN 2502-AF32 appearing on page 54261 in the issue of Correction Thursday, October 17, 1996, make the Office of the Assistant Secretary for following correction: In rule document 96–26072, Housing-Federal Housing beginning on page 54270, in the issue of Commissioner; Home Equity On page 54261, in the second column, Thursday, October 17, 1996, make the Conversion Mortgage Insurance in the ninth line from the bottom, following correction: Demonstration; Additional ‘‘twenty-five’’ should read ‘‘twenty’’. Streamlining On page 54279, in the first column, at BILLING CODE 1505±01±D the end of the first full paragraph, ‘‘June Correction 30, 1997’’ should read ‘‘March 1, 1997’’. In rule document 96–23717 beginning BILLING CODE 1505±01±D on page 49030 in the issue of Tuesday, federal register October 24,1996 Thursday Final Rule Transferring orReceivingSelectAgents; Additional RequirementsforFacilities 42 CFRPart72 Prevention Centers forDiseaseControland Services Health andHuman Department of Part II 55189 55190 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

DEPARTMENT OF HEALTH AND or Receiving Select Infectious Agents,’’ A comprehensive list of select agents; HUMAN SERVICES which was published in the Federal (2) a registration of facilities transferring Register on June 10, 1996 (61 FR 29327). these agents; (3) transfer requirements; Centers for Disease Control and It has been retitled, ‘‘Additional (4) verification procedures including Prevention Requirements for Facilities Transferring audit, quality control, and or Receiving Select Agents.’’ accountability mechanisms; (5) agent 42 CFR Part 72 Section 511 of Public Law 104–132, disposal requirements; and (6) research RIN 0905±AE70 enacted on April 24, 1996, stipulated and clinical exemptions. that HHS issue a proposed regulation Public Comment and Department’s Additional Requirements for Facilities within 60 days and a final regulation Response Transferring or Receiving Select within 120 days. The NPRM was During the 30-day comment period Agents published on June 10 (13 days earlier that ended on July 10, 1996, CDC than required) and provided 30 days for AGENCY: Centers for Disease Control and received sixty seven written responses. public review and comment. The Prevention, HHS. Most of these contained multiple subject matter, and subsequent comments, some as many as 10 or more, ACTION: Final rule. comments responding to the NPRM, with the total number of comments raised highly-complex issues that SUMMARY: On June 10, 1996, the Centers exceeding two hundred. Most comments for Disease and Prevention (CDC), the demanded careful consideration and were favorable regarding the proposed Department of Health and Human significant discussion with numerous rule. In general, these comments Services (HHS), issued a Notice of other involved Federal agencies. Thus, focused on specific sections of the Proposed Rulemaking (NPRM) to the publication of this final rule regulation, requested clarification of the implement Section 511 of Public Law extended beyond 120 days. wording and intended meaning of 104–132, ‘‘The Antiterrorism and BACKGROUND ON THE NOTICE OF certain provisions, or suggested Effective Death Penalty Act of 1996,’’ PROPOSED RULEMAKING AND additions or deletions to the proposed which requires the Secretary of HHS to SUMMARY OF RESPONSES TO PUBLIC list of select agents. A small number of regulate the transfer of select agents. COMMENT the commenters expressed concern that CDC requested comments on the NPRM Notice of Proposed Rulemaking the proposed regulation would not and provided 30 days for individuals to protect against terrorism, would slow or submit their written comments. CDC In recent years, the threat of discourage certain areas of research, considered the comments received and illegitimate use of infectious agents has and/or would add unnecessary is issuing this final regulation in light of attracted increasing interest from the additional administrative costs and those comments. Current regulations perspective of public health, in view of paperwork burdens. The preamble specify requirements for the packaging, concern that certain select agents could sections below summarize the NPRM labeling, and transport of select agents have serious adverse consequences for and the comments received, and shipped in interstate commerce. This human health and safety. ‘‘The provide CDC’s responses to comments. Antiterrorism and Effective Death final rule places additional shipping Select Agents List and handling requirements on facilities Penalty Act of 1996,’’ enacted on April that transfer or receive select agents 24, 1996, established new provisions to The NPRM included a proposed list of listed in the rule that are capable of regulate transfer of hazardous agents, select agents to be subject to the rule. causing substantial harm to human and required HHS to issue rules to CDC specifically solicited comments health. implement these provisions. CDC’s regarding those agents to be added to or NPRM proposed new regulations to deleted from the proposed list. We EFFECTIVE DATES: April 15, 1997, meet the requirements of this statute. Incorporation by reference of certain received a large number of responses to The NPRM was based on the key this request. The list of agents subject to publications listed in the final rule is principles of ensuring protection of approved by the Director of the Federal the final rule is at Appendix A. public safety, without encumbering Agents deleted from the list are Register as of April 15, 1997. All legitimate scientific and medical Chikungunya virus, Japanese transfers of select agents must comply research. The NPRM also was designed encephalitis virus, Chlamydia psittaci, with the complete documentation and to minimize the need for an additional, and Histoplasma capsulatum (including registration requirements contained in expansive federal regulatory var. duboisii). Infectious agents added to this final rule on or after April 15, 1997. implementation structure. the final list are Equine morbillivirus, CDC has already begun efforts to inform Specifically, the proposed rule was and Coccidioides immitis. Kyasanur and educate affected parties about the designed to: forest disease virus is no longer registration and transfer process for • Establish a system of safeguards to specifically listed but is included under select agents. Within the next 60 days, be followed when specific agents are the broader category of Tick-borne CDC anticipates providing additional transported: encephalitis complex viruses. detailed information to interested • Collect and provide information Other changes to the list included: parties in order to initiate the concerning the location where certain The term ‘‘Hantaviruses’’ was changed registration process. potentially-hazardous agents are to ‘‘Viruses causing hantavirus FOR FURTHER INFORMATION CONTACT: Dr. transferred; pulmonary syndrome’’, ‘‘Tick borne Jonathan Y. Richmond, Director, Office • Track the acquisition and transfer of encephalitis viruses’’ was changed to of Health and Safety, Centers for Disease these specific agents; and ‘‘Tick borne encephalitis complex Control and Prevention, 1600 Clifton • Establish a process for alerting viruses’’; ‘‘Encephalitis viruses Road, Mailstop F05, Atlanta, GA 30333; appropriate authorities if an (Venezuelan, Western, Eastern)’’ was telephone (404) 639–2453. unauthorized attempt is made to acquire changed to ‘‘Eastern equine encephalitis SUPPLEMENTARY INFORMATION: This rule these agents. virus’’ and ‘‘Venezuelan equine finalizes the rule entitled ‘‘Additional The proposed rule included the encephalitis virus’’, ‘‘Ebola virus’’ was Requirements for Facilities Transferring following fundamental components: (1) changed to ‘‘Ebola viruses’’, and ‘‘Flexal Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55191 virus’’ was added to the parenthetical materials that are known or reasonably several models, including a Nuclear list of ‘‘South American haemorrhagic suspected of containing a select agent, Regulatory Commission (NRC) licensing fever viruses. including tissue samples, unless model for the use of radioactive A large number of responses exempted as a human or veterinary materials; a certification model based on pertained to the proposed list of select clinical specimen, are subject to this National Committee for Clinical toxins. These commenters regulation. Laboratory Standardization (NCCLS) for recommended additions, deletions, or hospital certification programs; a model Registration of Facilities Transferring exemptions based on medical uses. based on the use of an Institutional Select Agents Based on our review of these comments, Biosafety Committee similar to that the following toxins or classes of toxins The NPRM proposed that commercial outlined in the NIH Recombinant DNA were deleted from the final list: suppliers of select agents, as well as Guidelines; the United States Corynebacterium diphtheriae toxin, government agencies, universities, Department of Agriculture, Animal cyanginosins, Shigella dysenteriae research institutions, individuals, and Plant and Health Inspection Service neurotoxin, tetanus toxin, trichothecene private companies that transfer or obtain (USDA/APHIS) import and transfer mycotoxins, and verrucologen. The these agents, or that wish to work with program for restricted animal pathogens; following toxins were added: aflatoxins, these agents, must register with the the American Association for conotoxins, diacetoxyscirpenol, and T– Secretary of HHS or with an Accreditation of Laboratory Animal 2 toxin. organization authorized by the Care (AAALAC) Program; and the CDC In the NPRM, Section 72.6(a)(6) Secretary. The proposed registration import permit program for etiologic specified that toxins be handled in process required that a responsible agents. CDC found aspects of these accordance with Department of Defense facility official certify that the facility models adaptable or partially adaptable regulations found at 32 CFR 627.17 and and its laboratory operations meet the to its program. CDC’s program includes in The Biological Defense Safety biosafety level 2, 3, and/or 4 many elements of these models, such as Program, Technical Safety Requirements requirements for working with agents as on-site inspections, registration (user) (DA Pamphlet 385–69). One commenter described in the Third Edition of ‘‘CDC/ fees, and registration and transfer correctly pointed out that the proper National Institutes of Health (NIH) requirements. reference for handling toxins is 29 CFR Biosafety in Microbiological and One commenter suggested providing 1910.1450, ‘‘Occupational Exposure to Biomedical Laboratories’’ (BMBL). The more detail for the registration process. Hazardous Chemicals in Laboratories.’’ NPRM also stipulated that inspection of Another suggested basing the This final rule is not intended to the facility seeking registration may be registration process on a ‘‘self-audit’’ preempt, pursuant to Section 4(b)(1) of required by the Secretary, or an where the registering entity would the Occupational Safety and Health Act organization authorized by the provide self-audit forms. of 1970, any other rules designed to Secretary, to determine whether the CDC will provide application forms to protect employees from these agents. applicant facility meets the appropriate be completed by facilities seeking The final rule exempts vaccine strains biosafety level requirements. The NPRM registration. The application will of viruses, and specifies exemptions for proposed that facilities, if approved, require information regarding laboratory listed agents based on coverage under would be issued a unique registration practices, equipment, and other other federal regulations. Exemptions number indicating that the facility is pertinent information. Facilities will are listed in Appendix A. registered to work with these select submit the completed application to We received several comments agents at the prescribed biosafety level. CDC for approval of registration. A regarding some of the terminology used The registration number also would be facility inspection may or may not be in the NPRM, including pathogenicity, used to help validate all requests for required prior to registration, depending virulence, and less pathogenic, One transfer of these agents. on documentation supplied by the commenter preferred the term virulence applicant. If CDC approves the to pathogenicity. CDC views virulence Incorporation of the BMBL registration, a unique registration and pathogenicity, which both mean the Some commenters questioned number will be issued. Those facilities ability of an organism to cause disease, incorporating the BMBL into the not pre-inspected will be inspected as synonymous terms. Similarly, regulation because, in their view, the following registration. All registered avirulent and nonpathogenic are BMBL provides ‘‘guidelines’’ that are facilities will be inspected subsequently synonymous. vague, and lack specificity and on a periodic basis. Several comments questioned the use sufficient detail. One commenter Appeals of the term ‘‘select infectious agent’’ to recommended that the BMBL be describe all agents subject to the rule, augmented or updated to provide a clear As proposed in the NPRM, pointing out that toxins are not objective standard. Because the BMBL registrations may be denied or infectious. In response to these serves as the only nationally and withdrawn, subject to appeal. One comments, CDC has changed ‘‘select internationally recognized source for commenter asked whether the appeals infectious agent’’ to ‘‘select agent’’ and biosafety requirements for laboratories, process described in the NPRM would revised the definition to mean ‘‘a the final rule retains the incorporation include a hearing. CDC interprets this to microorganism (virus, bacterium, of the BMBL. The BMBL provides the mean an oral hearing since courts have fungus, rickettsia) or toxin listed in minimum requirements for BL–2, 3, and construed the term ‘‘hearing’’ to mean Appendix A of this part’’. The term 4 laboratories and animal facilities and the submission of written information as ‘‘select agent’’ in the final rule includes is readily applicable to a facility well as oral testimony. Although not only those select agents listed in registration and inspection process. explicitly stated, the rule provides Appendix A. flexibility for a variety of forums to One commenter wanted to know if Registration Process ensure that appeals receive due process. tissue samples that only contain small Some commenters suggested CDC This would include an oral hearing if, amounts of the agent or that may only base its registration procedures on in the Secretary’s discretion, such steps be suspected of containing a pathogen models used by other entities. In are necessitated by the particular facts would be covered by the final rule. All developing the NPRM, CDC reviewed presented by any specific situation. 55192 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations

Transfer Requirements incident involving a select agent, agent if the following conditions are The NPRM proposed that, prior to including a lost or stolen package, or a met: (1) the transfer is within a single transferring one of these select agents, damaged package, should be reported to facility at a single geographic site, (2) both the shipping (transferor) and CDC through its 24 hours, 7 days-a-week the intended use of the agent remains receiving (requestor) parties complete emergency number (1–800–232–0124) consistent with that specified in the required sections of the official transfer by either the shipper, recipient, or most current transfer form, and (3) the form. (EA–101). The NPRM proposed package handler. Any unexpected facility documents the following that the EA–101 list the restricted agents release of these agents may also be information for each intrafacility covered by the National Oil and and require information about the transfer: the name and location of the Hazardous Substances Pollution requestor and transferor, the requesting recipient; the amount transferred, and Contingency Plan, found in 40 CFR Part and transferring facilities, the date transferred. Recipients are required 300. to comply with all other parts of this registration numbers of the transferring Packages of select agents are required and receiving facilities, the name of final regulation, including the to be packaged as infectious substances, requirements for storage and disposal. restricted agent requested, and the labeled with the infectious substance proposed use of the agent. The NPRM Questions concerning the transfer of a and etiologic agent label, and shipped in select agent meeting the criteria of an proposed that the form must accompany accord with all federal regulations. Both the request or purchase order for intrafacility transfer may be referred to the DOT infectious substance label and CDC. obtaining these restricted agents, that a the CDC etiologic agent label bear CDC’s copy must be maintained by both the emergency phone numbers. Also, the Single Geographic Site requesting and transferring facility, and packaging requirements for these select that a copy must be sent to a designated agents require that the shipper’s name Several commenters also requested central repository which would be and phone number be on the outer clarification on the meaning of a single available to federal and authorized local package, to be used in emergencies. geographic site. For example, does this law enforcement authorities and other Thus, CDC would be able to call the mean a building, a complex of officials authorized by the Secretary. shipper to discuss matters that relate to buildings, or several sites within a The form could later be used for spill clean-up. single city? For the purposes of this tracking purposes in case of illegitimate Commenters asked for clarification rule, CDC defines a single geographic access to these agents. Falsification of regarding the relationship between the site as the complex of buildings and this form would be a federal criminal proposed regulation and federal laboratories at a single mailing address. offense. The final rule retains all of importation and exportation regulations. CDC may entertain exceptions on a case- these provisions. In addition, the final Importers of select agents also are by-case basis at the time of facility rule requires requestors to specify on subject to CDC’s regulations at 42 CFR registration. form EA–101 the number of containers Part 71.54, ‘‘Importation of Etiologic and amount per container of the agent(s) Agents and Vectors,’’ and are Verification Procedures being shipped. responsible for obtaining an import To facilitate the shipment of these As discussed in the NPRM preamble, permit from CDC prior to importing select agents, the NPRM proposed that because these select agents have the select agents. In such cases, CDC will each facility shipping or receiving a potential for causing mass destruction require the importer to be registered in covered agent must have a ‘‘responsible or widespread disease in humans, CDC accordance with this final rule and to facility official,’’ and that this person be has determined intrastate transfers of supply the registration number before either a biosafety officer, a senior these agents from one geographic site to the select agent is imported. management official of the facility, or another also pose a risk of potential This final rule does not apply to both. The NPRM also suggested that the interstate transmission of disease; exportation of select agents. Exporters of responsible facility official should not therefore, intrastate transfers of these select agents will continue to follow the be the same person as those individuals agents are also subject to the regulation. Department of Commerce export actually transferring and receiving the administration regulations at 15 CFR Shipping and Transfer Requirements agents at the facilities. Parts 742, 744, and 774, ‘‘Commerce Several commenters were concerned Control List: Microorganisms and The NPRM specified that the about shipping select agents and about Toxins.’’ requestor’s responsible facility official acceptable carriers and carrier must sign each request, certifying that responsibilities. Nothing in this final Intrafacility Transfers the individual researcher requesting the rule is intended to preempt other Several commenters believed that the agent is officially affiliated with the applicable Federal regulations. Select rule should cover intrafacility transfers facility and that the laboratory meets agents included under this final rule are or at least provide guidelines for current requirements for working with required to be packaged, labeled and intrafacility transfer and tracking, and the requested agent. The NPRM also shipped in accordance with all that the lack of guidelines constituted a required the responsible facility official applicable federal regulations. CDC weakness in the proposed regulation. sending the restricted agent to verify believes that compliance with existing While the NPRM proposed that tracking that the receiving facility holds a federal regulations on packaging, of intrafacility transfers are the currently valid registration number, labeling, and shipping select agents, in responsibility of individual facilities, indicating that the recipient has the combination with the transfer the final rule has been changed to reflect required biosafety level capability. requirements of this final rule, provide that a registered facility is not required Inability to validate the necessary sufficient safeguards for safe and secure to follow the transfer and verification information could result in immediate transport. requirements listed in the rule, so long notification of the appropriate Other comments expressed concern as the facility maintains adequate authorities. The NPRM also specified about emergency response to a records of intrafacility transfers. Thus, timeframes for confirmation of select transportation incident involving a CDC Form EA–101 does not have to be agent transfer and for retention of CDC select agent. Any transportation completed when transferring a select Form EA–101. Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55193

Responsible Facility Official is adequate for a paper copy receipt. laboratories do not have Several comments pertained to the CDC will accept a facsimile (FAX) decontamination autoclaves and they designation of a responsible facility transmission receipt as the equivalent of transport their used cultures and stocks official. CDC developed the concept of a paper copy receipt. CDC also will off-site for autoclaving or incineration. a responsible facility official to ensure accept a facsimile transmission from the Similarly, many laboratories using management oversight of the transfer transferror of a completed EA–101. toxins transport them off site for In addition, the time required for process. CDC envisioned that the incineration or other means of retaining a copy of CDC Form EA–101 destruction. The BMBL specifies that responsible facility official either could after agent consumption of destruction infectious agents removed from BL–3 be a senior management official or a has been extended from 1 year to 5 years and BL–4 laboratories be biosafety officer. However, commenters in the ‘‘Request for Agents’’ section in decontaminated on-site, preferably by indicated that there are circumstances the final rule. This time period is autoclaving. Toxins can be treated with when a biosafety officer may be consistent with the retention strong oxidizing agents to inactivate inappropriate, such as for facilities that requirement in the ‘‘Disposal of Agents’’ them before removal from laboratories. use toxins. As a result of the comments section of the final rule, and is based on Thus, the final rule retains the we received, CDC has revised the the five-year statute of limitations for requirement to destroy select agents on- definition of a Responsible Facility bringing criminal prosecution under site. Once inactivated, the special agents Official to include a senior management Title 18, United States Code, Section can be sent to off-site locations for official or a ‘‘safety officer,’’ the term 1001, and under Title 42, United States incineration or other ultimate disposal. ‘‘safety’’ being substituted for Code, Section 271. Other commenters inquired about ‘‘biosafety’’. Although not required in how the regulatory authority would Agent Disposal Requirements the final rule, a safety officer know when all of an agent previously responsible for select microbial agents The NPRM proposed that select transferred to a facility was destroyed. It or recombinant microorganisms should agents be stored in accordance with should be noted that this regulation have a background in microbiology and prudent laboratory practices, and only applies to transfers of agents after training and experience in biosafety; a stipulated that facilities must have in the effective date of this final rule. To safety officer responsible for select place procedures for the appropriate ensure compliance with this regulation, toxins should have a background in disposal of agents. CDC combined facility management chemistry and training and experience Several commenters requested more oversight of select agents with facility in chemical safety. details on suitable location for the employee responsibilities and stiff Another commenter suggested that a storage of agents and the type of security penalties for intentional or willful biosafety officer should be a Registered required. Because laboratory structures violations. CDC believes that facility Biosafety Professional (RBP). CDC vary considerably, only broad guidance integrity and personal responsibilities supports the concept of certification of can be provided beyond what is combined with these penalties will safety professionals in their area of specified in the final rule. Prudent prove effective in ensuring the specialty, but has not determined that a laboratory practices suggest storing controlled safe use, storage, and specific certification should be required select agents such that unauthorized disposal of select agents. by this final rule. and unqualified persons cannot gain One commenter expressed concern Several commenters were concerned access to them and such that the that the NPRM did not make specific about the liability of safety officers. CDC responsible person can account for reference to retention requirements for believes that these matters rest with quantities stored. Prudent practice also agents which are stored in a culture facility management, and are beyond the suggests that storage be secure, repository. If a select agent is in a scope of this final rule. including controlled access to the laboratory or institutional culture One commenter requested storage area and storage equipment. repository prior to the effective date of clarification on the meaning of Several commenters suggested that this final rule, the regulation requires no ‘‘officially affiliated’’ as used in section the regulation include specific action until the select agent is 72.6(e)(1)(ii), Verification Procedures. directions on disposal of selected transferred. When the agent is Personnel may be affiliated with a agents. The final rule specifies that transferred, all requirements of this facility in a variety of ways, such as disposal of select agents must be at the regulation apply to the transaction. employee, contractor, consultant, facility, by known effective methods, graduate student, postdoctoral fellow, and the facility should maintain records Research and Clinical Exemptions visiting scientist or staff member. Of as to the quantity destroyed, date of In order to provide strains for these affiliations, we believe that destruction, and method of destruction reference, diagnostic, and research ‘‘employee’’ is the affiliation most and persons responsible for destruction. studies at Biosafety Level 2 facilities, directly related to the facility. CDC The registering entity must be notified the NPRM proposed that less pathogenic therefore has replaced ‘‘officially of the disposal or complete strains, such as vaccine strains of affiliated’’ with ‘‘employee’’ in the final consumption of a select agent by restricted viral agents as described in rule. completing this section on EA–101. If the BMBL or those specifically registration is withdrawn, select agents mentioned on the CDC Form EA–101, be Timeframe for Transfer Confirmation must be disposed of as required in the exempt from the list of select agents. and EA–101 Retention regulation. In addition to these rule The NPRM also proposed to exempt A number of commenters thought that requirements, it is advisable to retain toxins for medical use, inactivated for the time periods for the requestor use and consumption records to account use as vaccines, or preparations for acknowledging receipt of the agent to for supplies of toxins, and to maintain biomedical research use at an LD50 for the transferor either electronically or by records pertaining to storage, vertebrates of more than 100 nanograms paper copy were too short. CDC has consumption and disposal of agents. per kilogram of body weight, and to extended the 24 hour time period for Other commenters questioned the exempt transfer of clinical specimens telephonic or electronic notification to need to destroy select agents on-site, for diagnostic and verification purposes. 36 hours, but feels that 3 business days pointing out that many microbiology However, the NPRM proposed to require 55194 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations that isolates of these agents from clinical strains will be considered when CDC notices to describe the mental state specimens must be destroyed after reviews and updates the list of select required for violation of the rule. There confirmation or sent to an approved agents (Appendix A). Individuals are two principal criminal statutes repository after diagnostic procedures seeking additions to the list of implicated in violations of the rule. are complete. Other than for these exemptions should submit a request to Title 18, United States Code, Section purposes, such isolates could not be CDC that specifies the agent or strain to 1001 applies to false statements made to transferred to another site without using be exempted and explains why such an the Federal Government in connection the transfer form and approval by the exemption should be granted. Future with the rule. Such false statements may responsible facility officials. changes to the list of exemptions will be be made in connection with a facility’s Several commenters recommended published in the Federal Register for application to become a registered that clinical specimens should be review and comment prior to inclusion entity, completion of CDC Form EA–101 subject to the regulation, and expressed on Appendix A. for transfers of select agents, and in the view that exempting clinical other circumstances. To constitute a Criminal Penalties specimens provided a ‘‘loophole’’. It criminal violation, Section 1001 should be noted that regulation requires Violations of the final rule are subject requires that the false statement be that clinical specimens, in order to be to federal criminal penalties. A false, made ‘‘knowingly and willfully.’’ Other exempt, must be intended for fictitious, or fraudulent statement or violations of the rule are covered under diagnostic, reference and/or verification representation on the forms required in Title 42, United States Code, Section purposes. Other uses of a clinical the regulation for registration of 271. This violation is classified as a specimen containing a select agent, or a facilities or for transfers of select agents misdemeanor and requires a ‘‘knowing’’ select agent isolated from a clinical is a violation of Title 18, United States mental state by the defendant. Thus, specimen, such as for research Code, Section 1001. An individual both of these criminal statutes subject purposes, will subject the clinical offender is subject to imprisonment for offenders to punishment for knowing laboratory to this regulation. not more than five years, a fine as conduct. Another commenter requested provided in Section 3571(b) of Title 18, clarification as to when an agent from a or both. An organization that violates Possession clinical specimen becomes subject to Section 1001 is subject to a fine as Several commenters questioned the regulation. Subsequent to the provided in Section 3571(c) of Title 18. whether the rule was intended to govern isolation and identification of a select Other violations of the final rule are possession as well as transfer of the agent from a clinical specimen, it must subject to criminal penalties as select agents listed in the rule. This final be transferred to a registered facility or prescribed in Title 42, United States rule and associated criminal penalties destroyed. Code, Section 271. A violation of apply only to interstate and intrastate Other commenters questioned how Section 271 subjects an individual transfer of these agents. Possession of clinical labs might receive select agents offender to imprisonment for not more these agents is outside the scope of this for proficiency testing or order reference than one year, a fine as provided in final rule; however, and individual in strains. The rule specifically exempts Section 3571(b) of Title 18, or both. An possession of a ‘‘biological agent or clinical laboratories certified under the organization that violates Section 271 is toxin * * * for use as a weapon’’ as Clinical Laboratory Improvement subject to a fine as provided in Section defined in Title 18 of the U.S. Code, Amendments of 1988, (42 U.S.C. 263a) 3571(c) of Title 18. may be subject to separate criminal (CLIA), that utilize these select agents penalties (18 U.S.C. 175 et seq.). for diagnostic, reference, verification, or Enforcement proficiency testing purposes. In At least one comment questioned who Publicly Available Information addition, the rule provides procedures would constitute ‘‘appropriate law Several comments were received for facilities that are not CLIA enforcement authorities.’’ While the rule regarding the information collections laboratories but are transferring or is purposely nonspecific on this point to required in § 72.6(c)(2) (i) and (ii). receiving select agents to or from a CLIA allow flexibility, depending upon Specifically, commenters were laboratory. No additional paperwork on individual circumstances, it is concerned with the public availability behalf of CLIA laboratories is required anticipated that federal law enforcement of the database of registered facilities by this final rule. CDC will accept a authorities, specifically the Federal and repository of transfer forms. While CLIA certification number on CDC Form Bureau of Investigation, and other one commenter thought public EA–101 in lieu of the required federal agencies may require access to availability would prove useful to those institutional registration number, as the records and database for law facilities transferring agents by creating stipulated in this final rule. enforcement purposes. Assistance from an informal checklist of other registered Another commenter requested state and local authorities may be facilities, the majority of comments clarification of the term ‘‘less required on an as-needed basis to aid suggested that neither the database nor pathogenic’’ as a criterion for federal agencies, as dictated by the registry of transfer forms should be exemption. CDC has determined that it individual situations and as determined available to the public. Of chief concern is premature to issue blanket necessary by the Secretary and/or the was fear that a publicly available list of exemptions of attenuated, avirulent, or Attorney General. registered facilities would serve as a less pathogenic strains of agents on the On the issue of law enforcement, ‘‘roadmap’’ to would-be terrorist of restricted list at this time. Attenuated numerous comments were received facilities possessing these dangerous strains of select agents approved for concerned with the criminal penalties agents. Another concern was that the human vaccination purposes by FDA or an offender may be subject to for database and transfer forms may contain other recognized national or violations of the rule. Most of these proprietary information. international organizations will be comments were concerned that Taking into consideration these exempt. All other attenuated, avirulent, inadvertent or unintentional mistakes comments, CDC has determined that or less pathogenic strains will not be could result in criminal punishment. making this information available exempt at this time. Additional Other commenters suggested adding through a public database could exemptions for otherwise covered language to the criminal penalties compromise one of the primary Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55195 purposes of the proposed rule and its transfer forms because they could revised and now reads: ‘‘The term also authorizing legislation, i.e., limiting independently track agents arriving and includes (1) genetically modified unauthorized access to these select leaving the state. microorganisms or genetic elements agents. Therefore, CDC will not create However, disclosure of EA–101 forms from organisms on Appendix A, shown publicly available databases of the may compromise proprietary interest of to produce or encode for a factor with information referenced in § 72.6(c)(2) (i) the concerned facilities. Additionally, a disease, and (2) genetically modified or (ii). providing a copy of each EA–101 form microorganisms or genetic elements that In addition to comments concerned to the appropriate state health contain nucleic acid sequences coding with the public availability of department would constitute an for any of the toxins on Appendix A, or information gathered pursuant to this administrative burden on the agency. their toxic subunits.’’ rule, some commenters suggested Further, the Secretary may provide the 2. In § 72.6(a)(1) the word, adding language to the rule explaining forms to state law enforcement ‘‘laboratory’’ was deleted. Consistently that trade secret and/or confidential authorities under appropriate throughout the final rule, the term commercial or financial information circumstances. For these reasons, CDC ‘‘facility’’ is used to describe regulated would be exempt from disclosure under has determined that it will not provide entities. the Freedom on Information Act (FOIA). state health departments with the 3. The word ‘‘minimum’’ was added Currently, CDC exempts from public transfer forms on a routine basis. Nor is to § 72.6(a)(5). release trade secret and/or confidential it contemplated that parties to the 4. In § 72.6(a)(6), the reference to ‘‘32 commercial or financial information in transfer of select agents will provide a CFR 627.17 and in The Biological accordance with the Freedom on copy of the form to state health Defense Safety Program, Technical Information Act (5 U.S.C. 552), departments. Safety Requirements (DA Pamphlet Executive Order 12600, and Department Restrictions for Genetic Elements 385–69), Subpart C—Operational of Health and Human Services Requirements’’ was replaced with, ‘‘29 The transfer of genetic elements into regulations found at 42 CFR Part 5. In CFR 1910.1450, ‘Occupational Exposure other cells or organisms offers accordance with these authorities, CDC to Hazardous Chemicals in tremendous possibilities for improving provides a submitter with notice of Laboratories’.’’ receiving a third-party request for the public health. However the transfer 5. The last sentence of § 72.6(c)(2)(i) information whenever the requested of genetic elements coding for virulence regarding the public availability of the records have been designated by the genes, antibiotic resistance, or toxins databases maintained by registering submitter as confidential commercial offers the potential for creating new and entities has been deleted. information or the agency has reason to deadly pathogens. A large number of 6. In § 72.6(d)(1), a new section (viii) believe that disclosure of the comments were received asking for information could reasonably be further clarifications of the restrictions was added. Section (viii) adds a new expected to cause substantial placed on genetically modified provision to CDC Form EA–101 that competitive harm. The submitter is microorganisms or genetic elements. requires that the quantity of agent being given a reasonable period of time in Commenters stated that ‘‘sequences shipped (number of containers and which the submitter may object to the associated with pathogenicity were amount per container) be specified on FOIA disclosure of any specified vague’’ and questioned what constituted EA–101. portion of the information and to state the toxic subunit(s) of a restricted toxin. 7. In § 72.6(d)(2), the time required for all grounds upon which disclosure is CDC considers as a select agent, under retaining a copy of CDC Form EA–101 opposed. CDC gives careful the definition, and subject to the final after agent consumption or destruction consideration to all such specified rule, genetic elements from a select has been extended from 1 year to 5 years grounds for nondisclosure prior to agent, that contain a nucleic acid to make this section consistent with making an administrative determination sequence(s) which, if inserted into an section 72.6(i)(2). The last two sentences of the issue. In all instances when the appropriate host system, are reasonably of § 72.6(d)(2) were broken into separate agency determines to disclose the believed capable of producing disease or sections, 72.6(d)(3) and 72.6(d)(4). requested records, CDC provides the toxicosis. Genetic elements from a select 8. In § 72.6(e)(1)(ii), the term, submitter a written statement briefly agent that contains a nucleic acid ‘‘employee’’ was substituted for explaining why the submitter’s sequence(s) which, if inserted into an ‘‘officially affiliated.’’ objections are not sustained. Such a appropriate host system, do not cause 9. In Section 72.6(e)(2), ‘‘and the statement shall, to the extent permitted disease or toxicosis are not subject to appropriate law enforcement by law, be provided a reasonable the final rule. authorities’’ was deleted. number of days prior to a specified 10. Grammatical changes were made Summary of Changes disclosure date. If CDC decides to to § 72.6(f)(1) to make the section release the information, the submitter 1. The title of the regulation was clearer. may pursue legal action to prevent such changed from, ‘‘Additional 11. Twelve (12) hours were added to release. Requirements for Facilities Transferring the time period that the requesting Because these existing authorities or Receiving Select Infectious Agents,’’ facility’s responsible official is allowed already explain the policies and to ‘‘Additional Requirements for to acknowledge receipt of an agent, as procedures utilized by CDC in releasing Facilities Transferring or Receiving required in § 72.6(f)(2). Additional and/or withholding trade secret and/or Select Agents,’’ deleting the word, language was also added to § 72.6(f) (2) confidential commercial or financial ‘‘Infectious.’’ The word, ‘‘infectious’’ and (3) to clearly indicate that a information, further explanation is not was deleted in all instances in the rule facsimile transmission, in addition to a being included in this final rule. and ‘‘select agent’’ is now defined in paper copy, is a sufficient means of Proprietary concerns were also raised § 72.6(j) as, ‘‘a microorganizatism, transmitting CDC Form EA–101. regarding the provision of transfer forms (virus, bacterium, fungus, rickettsia) or 12. The reference to the BMBL in to state health departments. Some toxin listed in Appendix A of this part.’’ § 72.6(h)(1) was deleted as redundant. commenters suggested that states The subsequent language dealing with Specific language was added to this generally may benefit by receiving these recombinant organisms/molecules was section to clearly indicate that strains 55196 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations exempted from this regulation are found ANALYSIS OF IMPACTS are shown below with an estimate of the in Appendix A and CDC Form EA–101. Review Under Executive Order 12866, annual reporting burden. The estimate 13. Technical language changes were Sections 202 and 205 of the Unfunded includes the time for reviewing made in § 72.6(d)(2) and 72.6(i)(2) to Mandate Reform Act of 1995 (Pub. L. instructions, gathering and maintaining the data needed, and completing and accurately describe that the same 104–4), and by the Regulatory reviewing the collection of information. Flexibility Act (5 U.S.C. 603–605). procedures required when an agent is Title: Additional Requirements for destroyed also apply once a toxin is The Department has examined the Facilities Transferring or Receiving consumed. Also, the formal notice of potential impact of this rule as directed Select Agents. consumption of a toxin or destruction of by Executive Order 12866, by sections Description: The Antiterrorism and an agent required by section 72.6(i)(2) 202 and 205 of the Unfunded Mandates Effective Death Penalty Act of 1996 must now be specifically noted on the Reform Act of 1995 (Public Law 104–4), (Pub. L. 104–132) authorizes the CDC Form EA–101. and by the Regulatory Flexibility Act (5 Secretary of Health and Human Services 14. Several changes were made to U.S.C. 603–605). (HHS) to regulate the transfer of certain agents harmful to humans. The Centers 72.6(h) dealing with exemptions. Regulatory Impact Analysis for Disease Control and Prevention A. Section 72.6(h)(1) was deleted. The Executive Order 12866 directs (CDC) is the agency within the section previously numbered 72.6(h)(2) agencies to assess the costs and benefits Department responsible for has been renumbered 72.6(h)(1)(i). of available regulatory alternatives, and, promulgating this regulation. This rule Technical changes were also made to when regulation is necessary, to select is designed to ensure that select agents make the section clearer and more regulatory approaches that maximize are not shipped to parties who are not accurate. This section now reads, ‘‘The net benefits. This rule is designed to equipped to handle them appropriately, agent is part of a clinical specimen ensure that select agents are not shipped or who otherwise lack proper intended for diagnostic, reference, or to parties who are not equipped to authorization for their requests, and to verification purposes. Isolates of handle them appropriately or who implement a system whereby scientists covered agents from clinical specimens otherwise lack proper authorization for in research institutions may continue shall be disposed of in accordance with their requests. The approach selected transferring and receiving these agents paragraph (i) of this part after decentralizes the oversight process for without undue burdens. Respondents diagnostic, reference, or verification this purpose, imposes minimal include facilities such as those operated procedures have been completed.’’ administrative costs, and prevents by government agencies, universities, possible serious, harmful effects to research institutions, and commercial B. The section previously numbered public safety and health. entities. 72.6(h)(3) has been renumbered The Unfunded Mandates Reform Act Those facilities requesting select 72.6(h)(1)(ii). of 1995, in sections 202 and 205, agents listed in the regulation must C. A new § 72.6(h)(1)(iii) clearly requires that agencies prepare several register with the Secretary of HHS, or indicates that exempted strains are analytic statements for a rule that may with registering entities authorized by specified in Appendix A. This section result in annual expenditures by State, the Secretary, as capable and equipped now also describes a procedure for local and tribal governments, or by the to handle the select agents in applying for an exemption to this rule. private sector, of $100 million. Because accordance with requirements of this this final rule would not result in regulation. D. A new § 72.6(h)(2) was added that expenditures of this magnitude, such Once registered, facilities must exempts from the rule clinical statements are not necessary. complete a federally-developed form, laboratories that are certified under the The Regulatory Flexibility Act CDC EA–101, for each transfer of an Clinical Laboratory Improvement requires agencies to prepare a regulatory agent covered by this rule. Information Amendments of 1988 (42 U.S.C. 263a) flexibility analysis, describing the on this form will include the name of (CLIA) that transfer and receive select impact of the proposed rules on small the requestor and requesting facility, the agents for diagnostic, reference, entities, but permits agency heads to name of the transferor and transferring verification, or proficiency testing certify that a rule will not, if facility, the name of the responsible purposes. promulgated, have a significant facility official for the transferor and requestor, the reqesting facility’s E. Facilities that are not CLIA economic impact on a substantial registration number, the transferring laboratories but are transferring or number of small entities. The Secretary hereby has determined that this rule facility’s registration number, the name receiving select agents to or from a CLIA would not have such impact, as it of the agent(s) being shipped, the laboratory must comply with the would primarily affect large research quantities of the agent(s) being provisions of 72.6(h)(3). No additional institutions. transferred (number of containers being paperwork is required of CLIA transferred and amount per container), laboratories by this regulation. Review under the Paperwork Reduction and the proposed use of the agent. As 15. The definition of ‘‘transfer’’ in Act of 1995 a result of the information collection § 72.6(j) was expanded to clearly The final rule contains information requirements of this regulation, CDC indicate that intrafacility transfers of collection requirements that have been expects that respondents will incur only select agents are not subject to § 72.6(d), approved by the Office of Management minimal routine administrative costs, (e), and (f) so long as (1) the original and Budget (OMB) under the Paperwork such as those associated with telephone conditions required in the NPRM are Reduction Act of 1995 and assigned calls, mailing, and facsimile met, and (2) the name and location of control Number 0920–0199. (Persons are transmission. CDC does not expect that the recipient, and the date and amount not required to respond to a collection respondents will incur any capital costs, of agent transferred, are adequately of information unless a currently valid or even significantly increased operating OMB control number is evident.) The maintained in the registered facility’s costs. title, description and respondent Description of Respondents: records. description of the information collection Commercial suppliers of these select Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55197 agents, as well as government agencies, these agents, or that wish to work with universities, research institutions, and these agents. private companies that transfer or obtain

ESTIMATED ANNUAL REPORTING BURDEN

Frequency CFR section Number of of re- Total annual Hours per Total hours respondents sponses responses response

72.6(a) ...... 1,000 1 1,000 .25 250 72.6(d) ...... 1,000 3 3,000 1.05 3,150 72.6(e) ...... 120 21 2,520 .17 428 72.6(f) ...... 1,000 3 3,000 .11 330

Total ...... 4,158

Reporting or Disclosures: The above agents at BL 2, 3, or 4, depending upon (5) The requirements for BSL–2, 3, citations are currently cleared under 30 the agent, and the type of work being and 4 operations pertaining to this CFR Part 11 as OMB control Number performed with the agents; section are contained in the CDC/NIH 0920–0199. (ii) Inspection of the applicant facility publication, ‘‘Biosafety in at the discretion of the Secretary or the Microbiological and Biomedical List of Subjects in 42 CFR Part 72 registering entity in consultation with Laboratories,’’ Third Edition, May 1993 Biologic, Incorporation by reference, the Secretary; which is hereby incorporated by Packaging and containers, (iii) Issuance by the registering entity reference. The Director of the Federal Transportation. of a registration number unique to each Register has approved under 5 U.S.C. Dated: August 23, 1996. facility; 552(a) and 1 C.F.R. Part 51 the David Satcher, (iv) Collection of a periodic site incorporation by reference of the above Director, Centers for Disease Control and registration fee by the registering entity publication. Copies may be obtained Prevention. or the Secretary. from the Superintendent of Documents, Dated: September 17, 1996. A schedule of fees collected by the U.S. Government Printing Office, Secretary to cover the direct costs (e.g., Washington D.C. 20402. Copies may be Donna E. Shalala, salaries, equipment, travel) and indirect inspected at the Centers for Disease Secretary, Department of Health and Human costs (e.g., rent, telephone service and a Control and Prevention, 1600 Clifton Services. proportionate share of management and Road, Atlanta, Georgia, or at the Office For the reasons set out in the administration costs) related to of the Federal Register, 800 North preamble, 42 CFR Chapter I is amended administration of this part will be Capitol Street N.W., Suite 700, as set forth below. published in the Federal Register and Washington D.C. (6) Additional specific requirements PART 72ÐINTERSTATE SHIPMENT OF updated annually. (v) Follow-up inspections of the for handling toxins subject to this part ETIOLOGIC AGENTS facility by the registering entity or the must be met and are found in 29 CFR 1. The authority citation for Part 72 is Secretary, as appropriate, to ensure the § 1910.1450, ‘‘Occupational Exposure to revised to read as follows: facility continues to meet approved Hazardous Chemicals in Laboratories.’’ Authority: 42 U.S.C. 264, 271; 31 U.S.C. standards and recordkeeping (b) Appeals. 9701; 18 U.S.C. 3559, 3571; 42 U.S.C. 262 requirements. A decision made by the Secretary or note. (3) Such registration shall remain a registering entity to deny or withdraw effective until relinquished by the registration of a particular facility may 2. Sections 72.6 and 72.7 and facility or withdrawn by the Secretary or be appealed to the Secretary. An Appendix A are added to read as the registering entity. application for appeal must be received follows: (4) The registration may be denied or by the Secretary no later than 14 days § 72.6 Additional requirements for withdrawn by the registering entity or after the appealing party’s application facilities transferring or receiving select the Secretary based on: for registration was denied or no later agents. (i) Evidence that the facility is not or than 14 days after the appealing party’s (a) Registration of facilities. is no longer capable of handling covered registration was withdrawn. The (1) Prior to transferring or receiving a agents at the applicable biosafety level; application must clearly identify the select agent listed in Appendix A of this (ii) Evidence that the facility has issues presented by the appeal and fully part, a facility shall register with a handled covered agents in a manner in explain the appealing party’s position registering entity authorized by the contravention of the applicable with respect to those issues. The Secretary (paragraph (c) of this section) biosafety level requirements; Secretary may allow the filing of or be approved by the Secretary as (iii) Evidence that the facility has or opposing briefs, informal conferences, equipped and capable of handling the intends to use covered agents in a or whatever steps the Secretary covered agent at Biosafety Level (BL) 2, manner harmful to the health of considers appropriate to fairly resolve 3, or 4, depending on the agent. humans; the appeal. (2) Registration will include: (iv) Evidence that the facility has (c) Authorized registering entities. (i) Sufficient information provided by failed to comply with any provisions of (1) The Secretary may authorize a the responsible facility official this part or has acted in a manner in state agency or private entity to register indicating that the applicant facility, contravention of this part; or facilities under paragraph (a) of this and its laboratory or laboratories, are (v) Failure to pay any required section, if the Secretary determines that equipped and capable of handling the registration fee. the registering entity’s criteria for 55198 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations determining the biosafety standards for (4) All CDC forms EA–101 must be § 72.6(c)(3), to assure compliance with facilities handling select agents are produced upon request to appropriate this part. consistent with the requirements federal and authorized local law (h) Exemptions. contained in the CDC/NIH publication enforcement authorities, officials (1) Exemptions for certain select ‘‘Biosafety in Microbiological and authorized by the Secretary, and agents: Select agents otherwise covered Biomedical Laboratories,’’ Third officials of the registering entity. by this part are exempt from its Edition. (e) Verification of registration. provisions if: (2) A registering entity shall maintain: (1) Prior to transferring any agent (i) The agent is part of a clinical (i) A database of all facilities formerly covered by this part, the transferor’s specimen intended for diagnostic, and currently registered as BL 2, 3, or responsible facility official must verify reference, or verification purposes. 4 and capable of working with agents in with the requestor’s responsible facility Isolates of covered agents from clinical Appendix A of this part. The database official, and as appropriate, with the specimens shall be disposed of in shall include the name and address of registering entity: accordance with § 72.6(i) after the registered facility, the date the (i) That the requesting facility retains diagnostic, reference, or verification facility was registered, the facility’s a valid, current registration; procedures have been completed; registration number, and the name and (ii) That the requestor is an employee (ii) The agent is a toxin having an of the requesting facility; and phone number of the responsible facility LD50 for vertebrates of more than 100 official. (iii) That the proposed use of the nanograms per kilogram of body weight (ii) A copy of each CDC Form EA–101 agent by the requestor is correctly which is used for legitimate medical transmitted by each transferor registered indicated on CDC Form EA–101. purposes or biomedical research or is (2) In the event that any party is by that registering entity. Such forms one of the listed toxins which has been unable to verify the information shall be made readily accessible to the inactivated for use as a vaccine or required in paragraph (e)(1) of this Secretary and to appropriate federal law otherwise detoxified for use in section, or there is suspicion that the enforcement authorities and/or biomedical research procedures; or agent may not be used for the requested authorized local law enforcement (iii) The agent(s) is an exempted strain purpose, then the party shall authorities. specified in Appendix A of this part immediately notify CDC. (3) In the event the Secretary and/or CDC Form EA–101. Additional (f) Transfer. authorizes more than one registering exemptions for otherwise covered entity, or if otherwise necessary, the (1) Upon completion of the CDC Form EA–101 and verification of registration, strains will be considered when CDC Secretary may require the establishment reviews and updates the list of select of a consolidated database to carry out the transferring facility must comply with the packaging and shipping agents (Appendix A of this part). the provisions of § 72.6(c)(2). Individuals seeking additions to the list (d) Requests for agents. requirements in this part or other applicable regulations when transferring of exemptions should submit a request (1) Prior to the transfer of any agent to CDC that specifies the agent or strain contained in Appendix A of this part, a the agent. (2) The requesting facility’s to be exempted and explains why such CDC Form EA–101 must be completed an exemption should be granted. Future for each transfer sought. As specified in responsible official must acknowledge receipt of the agent telephonically or changes to the list of exemptions will be CDC Form EA–101, the information published in the Federal Register for provided must include: otherwise electronically within 36 hours of receipt and provide a paper copy or review and comment prior to inclusion (i) The name of the requestor and on Appendix A of this part. requesting facility; facsimile transmission of receipt to the (2) Exemption of CLIA certified (ii) The name of the transferor and transferor within 3 business days of laboratories: Clinical laboratories transferring facility; receipt of the agent. (iii) The names of the responsible (3) Upon telephonic acknowledgment certified under the Clinical Laboratory facility officials for both the transferor of receipt of the agent, the transferor Improvement Amendments of 1988, (42 and requestor; shall provide a completed paper copy or U.S.C. 263a) (CLIA), that utilize these (iv) The requesting facility’s facsimile transmission of CDC Form select agents for diagnostic, reference, registration number; EA–101 within 24 hours to the verification, or proficiency testing (v) The transferring facility’s registering entity (holding that facility’s purposes are exempt from the registration number; registration), in accordance with provisions of § 72.6. (vi) The name of the agent(s) being § 72.6(c)(2) for filing in a centralized (3) Procedures for facilities that are shipped; repository. not CLIA laboratories but are (vii) The proposed use of the agent(s); (g) Inspections. transferring or receiving select agents to and (1) Registering entities or the or from a CLIA laboratory: Facilities that (viii) The quantity (number of Secretary may conduct random or for are not CLIA laboratories but are containers and amount per container) of cause inspections of registered facilities transferring or receiving select agents to the agent(s) being shipped. to assure compliance with this part. All or from a CLIA laboratory must comply (2) The form must be signed by the CDC forms EA–101 and records deemed with the following provisions. (No transferor and requestor, and the relevant by inspecting officials must be additional paperwork on behalf of CLIA responsible facility officials produced upon request to authorized laboratories is required by this section.) representing both the transferring and personnel conducting these inspections. (i) Prior to transferring a select agent requesting facilities. Inspections may also include review of subject to this part to a CLIA laboratory (3) A copy of the completed CDC the mechanisms developed by a facility for diagnostic, reference, verification, or Form EA–101 must be retained by both to track intrafacility transfers as well as proficiency testing purposes, the transferring and requesting facilities for the facility’s agent disposal procedures. transferor must: a period of five (5) years after the date (2) In addition, the Secretary may (A) Provide the following information of shipment or for five (5) years after the conduct inspections of registering on CDC Form EA–101: agents are consumed or properly entities, and/or any consolidated (1) The name of the requestor and disposed, whichever is longer. database established in accordance with requesting facility; Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations 55199

(2) The name of the transferor and (i) Agent disposal. for any of the toxins on Appendix A of transferring facility; (1) Upon termination of the use of the this part, or their toxic submits. (3) The name of the transferor’s agent, all cultures and stocks of it will Single geographic site means a responsible facility official; be building or complex of buildings at a (4) The requesting facility’s CLIA (i) Securely stored in accordance with single mailing address. certification number (which the prudent laboratory practices, Transfer means: transferor must verify as valid and (ii) Transferred to another registered (1) The conveyance or movement current with the registering entity); facility in accordance with this part, or from a point or origination to a point of (5) The transferring facility’s (iii) Destroyed on-site by autoclaving, destination either: registration number; incineration, or another recognized (i) From one state or territory to (6) The name of the agent(s) being sterilization or neutralization process. another or; shipped; (2) When an agent, previously (ii) Entirely within one contiguous (7) The proposed use of the agent(s); transferred to a facility in accordance state or territory. and with this part, is consumed or (2) Intrafacility transfers within a (8) The quantity (number of destroyed, the responsible facility registered facility located at a single containers and amount per container) of official must formally notify the geographic site are not covered by the the agent(s) being shipped. registering entity. Formal notification provisions of § 72.6 (d), (e), and (f) (B) Verify receipt of the agent with the must be noted on CDC Form EA–101 provided that: CLIA laboratory and note such receipt and a copy kept on record by the (i) The intended use of the agent on CDC Form EA–101; responsible facility official for a period remains consistent with that specified (C) Transmit a copy of the form, of five (5) years and is subject to in the most current transfer form; and signed by the transferror and the paragraph (g) of this section. (ii) For each intrafacility transfer, the responsible facility official representing (j) Definitions. As used in this section: facility maintains records that include the transfering facility, to the registering Facility means any individual or the name and location of the recipient; entity holding the transferring facility’s government agency, university, the amount of agent transferred, and the registration; and corporation, company, partnership, date transferred. Such records must be (D) Retain a copy of CDC Form EA– society, association, firm, or other legal maintained for a period of five (5) years 101 in accordance with § 72.6(d)(3) and entity located at a single geographic site after the date of transfer or for five (5) § 72.6(d)(4). that may transfer or receive through any years after the agents are consumed or (ii) Prior to receiving a select agent means a select agent subject to this part. properly disposed, whichever is longer. Registering entity means an listed in Appendix A of this part from Transferor means any person who organization or state agency authorized a CLIA laboratory, the requestor must be transfers or seeks to transfer through any by the Secretary to register facilities as registered in accordance with § 72.6(a) means a select agent subject to this part capable of handling select agents at and comply with the following to any other person. requirements: Biosafety Level 2, 3, or 4, depending on (A) Provide the following information the agent, in accordance with the CDC/ § 72.7 Penalties. on the CDC Form EA–101: NIH publication ‘‘Biosafety in Individuals in violation of this part (1) The name of the requestor and Microbiological and Biomedical are subject to a fine of no more than requesting facility; Laboratories.’’ $250,000 or one year in jail, or both. (2) The name of the transferor and Requestor means any person who Violations by organizations are subject transferring facility; receives or seeks to receive through any to a fine or no more than $500,000 per (3) The name of the requestor’s means a select agent subject to this part event. A false, fictitious, or fraudulent responsible facility official; from any other person. statement or representation on the (4) The transferring facility’s CLIA Responsible facility official means an Government forms required in the part certification number; official authorized to transfer and for registration of facilities or for (5) The requesting facility’s receive select agents covered by this transfers of select agents is subject to a registration number; part on behalf of the transferor’s and/or fine or imprisonment for not more than (6) The name of the agent(s) being requestor’s facility. This person should five years, or both for an individual; and shipped; be either a safety officer, a senior a fine for an organization. (7) The proposed use of the agent(s); management official of the facility, or and both. The responsible facility official Appendix A to Part 72—Select Agents (8) The quantity (number of should not be an individual who Viruses containers and amount per container) of actually transfers or receives an agent at the agent(s) being shipped. 1. Crimean-Congo haemorrhagic fever virus the facility. 2. Eastern Equine Encephalitis virus (B) Upon receiving the agent, note Secretary means the Secretary of the 3. Ebola viruses such receipt on CDC Form EA–101; Department of Health and Human 4. Equine Morbillivirus (C) Transmit a copy of CDC Form EA– Services or her or his designee. 5. Lassa fever virus 101, signed by the requestor and the Select agent means a microorganism 6. Marburg virus responsible facility official representing (virus, bacterium, fungus, rickettsia) or 7. Rift Valley fever virus the requesting facility, to the registering toxin listed in Appendix A of this part. 8. South American Haemorrhagic fever entity holding the requesting facility’s The term also includes: viruses (Junin, Machupo, Sabia, Flexal, registration; (1) Genetically modified Guanarito) (D) Retain a copy of the CDC Form microorganisms or genetic elements 9. Tick-borne encephalitis complex viruses EA–101 in accordance with §§ 72.6(d)(3) from organisms on Appendix A of this 10. Variola major virus (Smallpox virus) 11. Venezuelan Equine Encephalitis virus and 72.6(d)(4); part, shown to produce or encode for a 12. Viruses causing hantavirus pulmonary (E) Comply with the disposal factor associated with a disease, and syndrome requirements of § 72.6(i) and all other (2) Genetically modified 13. Yellow fever virus sections of this part when subsequently microorganisms or genetic elements that Exemptions: Vaccine strains of viral agents transferring the agent. contain nucleic acid sequences coding (Junin Virus strain candid #1, Rift Valley 55200 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Rules and Regulations fever virus strain MP–12, Venezuelan Equine 9. Shigatoxin by NIH ‘‘Guidelines for Research encephalitis virus strain TC–83, Yellow fever 10. Staphylococcal enterotoxins Involving Recombinant DNA virus strain 17–D) are exempt. 11. Tetrodotoxin Molecules,’’ if such acquisition could 12. T-2 toxin Bacteria compromise the use of the drug to Exemptions: Toxins for medical use, 1. Bacillus anthracis inactivated for use as vaccines, or toxin control these disease agents in humans 2. Brucella abortus, B. melitensis, B. suis preparations for biomedical research use at or veterinary medicine. 3. Burkholderia (Pseudomonas) mallei an LD50 for vertebrates of more than 100 Additional Exemptions 4. Burkholderia (Pseudomonas) nanograms per kilogram body weight are pseudomallei exempt. National standard toxins required for 1. Products subject to regulation 5. Clostridium botulinum biologic potency testing as described in 9 under the Federal Insecticide Fungicide 6. Francisella tularensis CFR Part 113 are exempt. 7. Yersinia pestis and Rodenticide Act (7 U.S.C. 136 et Exemptions: vaccine strains as described in Recombinant Organisms/Molecules seq.) and the Toxic Substances Control Title 9 CFR, 78.1 are exempt. Act (15 U.S.C. 2601 et seq.) are exempt. 1. Genetically modified 2. Additional exemptions for Rickettsiae microorganisms or genetic elements otherwise covered strains will be 1. Coxiella burnetii from organisms on Appendix A, shown considered when CDC reviews and 2. Rickettsia prowazekii to produce or encode for a factor updates the list of select agents in this 3. Rickettsia rickettsii associated with a disease. Appendix. Individuals seeking an Fungi 2. Genetically modified exemption should submit a request to microorganisms or genetic elements that 1. Coccidioides immitis CDC that specifies the agent or strain to contain nucleic acid sequences coding be exempted and explains why such an Toxins for any of the toxins listed in this exemption should be granted. Future 1. Abrin Appendix, or their toxic subunits. 2. Aflatoxins exemptions will be published in the 3. Botulinum toxins Other Restrictions Federal Register for review and 4. Clostridium perfringens epsilon toxin comment prior to inclusion in this The deliberate transfer of a drug 5. Conotoxins Appendix. 6. Diacetoxyscirpenol resistance trait to microorganisms listed 7. Ricin in this Appendix that are not known to [FR Doc. 96–27082 Filed 10–23–96; 8:45 am] 8. Saxitoxin acquire the trait naturally is prohibited BILLING CODE 4160±18±M i

Reader Aids Federal Register Vol. 61, No. 207 Thursday, October 24, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 94...... 51349 Public Laws Update Services (numbers, dates, etc.) 523±6641 95...... 51349 For additional information 523±5227 Proclamations: 96...... 51349 6922...... 51205 Presidential Documents 97...... 51349 6923...... 51347 98...... 51349 Executive orders and proclamations 523±5227 6924...... 51767 271 ...... 53595, 54270, 54282 The United States Government Manual 523±5227 6925...... 52233 272 ...... 53595, 54270, 54282, Other Services 6926...... 52675 54290, 54298, 54303 6927...... 52677 Electronic and on-line services (voice) 523±4534 273 ...... 54270, 54282, 54290, 6928...... 53289 54298, 54303 Privacy Act Compilation 523±3187 6929...... 53291 274...... 53595 523±5229 TDD for the hearing impaired 6930...... 53293 275...... 54282 6931...... 53295 278...... 53595, 54303 ELECTRONIC BULLETIN BOARD 6932...... 53297 279...... 54303 6933...... 53301 301...... 52190, 53601 Free Electronic Bulletin Board service for Public Law numbers, 6934...... 53591 319...... 51208 Federal Register finding aids, and list of documents on public 6935...... 53593 354...... 53603 inspection. 202±275±0920 6936...... 53825 502...... 51210 FAX-ON-DEMAND 6937...... 54069 920...... 51575 6938...... 54071 927...... 52681 You may access our Fax-On-Demand service. You only need a fax 6939...... 54073 929...... 51353 machine and there is no charge for the service except for long 6940...... 54075 931...... 52681 distance telephone charges the user may incur. The list of 6941...... 54077 945...... 51354 documents on public inspection and the daily Federal Register’s 6942...... 54719 950...... 53606 table of contents are available using this service. The document 6943...... 54925 958...... 52682 numbers are 7050-Public Inspection list and 7051-Table of 6944...... 54927 981...... 53607 Contents list. The public inspection list will be updated 6945...... 55077 989...... 52684 immediately for documents filed on an emergency basis. Executive Orders: 993...... 51356 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON July 6, 1910 (Revoked 1485...... 53303 FILE AND NOT THE ACTUAL DOCUMENT. Documents on in part by PLO 3010...... 53608 public inspection may be viewed and copied in our office located 7219) ...... 53752 Proposed Rules: at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 12924 (See EO Ch. VI...... 52664 telephone number is: 301±713±6905 13020) ...... 54079 Ch. VII...... 52664 12978 (See Notice of 201...... 51791 FEDERAL REGISTER PAGES AND DATES, OCTOBER October 16, 1996)...... 54531 301...... 51376 12981 (Amended by 361...... 51791 51205±51348...... 1 EO 13020)...... 54079 407...... 52717 51349±51574...... 2 13019...... 51763 997...... 51811 51575±51766...... 3 13021...... 54929 998...... 51811 51767±52232...... 4 Administrative Orders: 999...... 51811 1214...... 51378, 51391 52233±52678...... 7 Presidential Determinations: No. 96±54 of 1466...... 53574 52679±52870...... 8 September 28, 8 CFR 52871±53034...... 9 1996 ...... 52679 53035±53302...... 10 Notice of October 16, 103...... 53303, 53830 53303±53590...... 11 1996 ...... 54531 235...... 53830 53591±53824...... 15 274...... 52235 53825±54076...... 16 5 CFR 286...... 53830 54077±54330...... 17 Ch. XIV ...... 51207 292...... 53609 54331±54532...... 18 Ch. LVIII...... 53827 299...... 53830 54533±54726...... 21 550 ...... 51319, 52497, 53490 Proposed Rules: 312...... 51250 54727±54926...... 22 7 CFR 54927±55078...... 23 Ch. VI...... 52671 9 CFR 55079±55200...... 24 Ch. VII...... 52671 92...... 52236 6...... 53002 94...... 51769 12...... 53490 102...... 52871 35...... 54081 104...... 52871 51...... 54082 105...... 52871 90...... 51349 113...... 51769 91...... 51349 116...... 52871 92...... 51349 205...... 54727 93...... 51349 304...... 53305 ii Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Reader Aids

308...... 53305 25...... 53680 Proposed Rules: 511...... 53341 310...... 53305 39 ...... 51250, 51255, 51618, 355...... 54745 570...... 51556, 53341 320...... 53305 51619, 51621, 51624, 51845, 356...... 54745 572...... 53276 327...... 53305 51847, 52394, 53155, 53337, 574...... 53341 21 CFR 381...... 53305 53339, 53683, 54359, 54362, 576...... 53341 416...... 53305 54364, 54366, 54368, 54370, 50...... 51498 582...... 53341 417...... 53305 54372, 54582, 54955, 54958, 56...... 51498 583...... 53341 Proposed Rules: 54960, 54961, 54963, 54965, 73...... 51584 585...... 53341 91...... 52387 54967, 54969 177...... 51364, 538520 882...... 53341 71 ...... 51319, 52397, 52398, 178...... 51587 885...... 53341 10 CFR 52689, 52734, 53157, 53876, 312...... 51498 886...... 53341 314...... 51498 2...... 53554 53877, 53878, 53879, 53880, 889...... 53341 355...... 52285 13...... 53554 53881, 53882, 54108, 54585, 890...... 53341 54586, 54587 520...... 52690, 53614 906...... 53341 Proposed Rules: 522 ...... 53320, 54332, 54333 20...... 52388 91...... 54716 941...... 53341 93...... 54716 556...... 53320 950...... 53341 30...... 51835 558...... 51588, 53615 32...... 51835, 52388 121...... 54716 968...... 53341 135...... 54716 601...... 51498 35...... 52388 970...... 53341 808...... 52602 983...... 53341 36...... 52388 15 CFR 812...... 51498, 52602 39...... 52388 Ch. VII...... 51395 814...... 51498 25 CFR 40...... 51835 6...... 55092 820...... 52602 309...... 54551 50...... 51835 25...... 55092 1309...... 52287 52...... 51835 28...... 55092 1310...... 52287 26 CFR 60...... 51835 400...... 53505 1313...... 52287 1...... 53058 61...... 51835 734...... 54540 70...... 51835 Proposed Rules: 301...... 53058 740...... 54540 25...... 54746 71...... 51835 602...... 53058 742...... 54540 101...... 55122 72...... 51835 Proposed Rules: 752...... 54540 310...... 53685 110...... 51835 1 ...... 51256, 52902, 53161, 771A ...... 54540 330...... 51625 150...... 51835 53688 774...... 54540 352...... 53340 776A ...... 54540 301...... 53161 11 CFR 799A ...... 54540 22 CFR 27 CFR Proposed Rules: 902...... 51213 41...... 53058 16...... 54935 104...... 52901 904...... 54729 228...... 53615, 54849 922...... 57577 603...... 51593 Proposed Rules: 12 CFR 946...... 53307 55...... 53688 Proposed Rules: 270...... 54084 2...... 51777 Proposed Rules: 171...... 53158 275...... 54084 213...... 52246 801...... 54109 605...... 53185 245...... 52875 285...... 54084 264...... 53827 16 CFR 23 CFR 295...... 54084 1...... 54548 31...... 54533 Proposed Rules: 24...... 51577 28 CFR 327...... 53834 655...... 54111 260...... 53304 622...... 54728 658...... 54588 2...... 54096 935...... 52686 305...... 54548 91...... 54333 1411...... 55079 306...... 54548 24 CFR Proposed Rules: 406...... 55095 Proposed Rules: 1...... 52216 16...... 54112 460...... 54548 327...... 53867 2...... 52216 620...... 53331 1020...... 52877 29 CFR 1500...... 54549 5...... 54492 630...... 53331 8...... 52216 270...... 51596 935...... 52727 17 CFR 42...... 51756 1952...... 55098 4044...... 53623 4...... 54731 91...... 51756, 54914 13 CFR 92...... 51756 210...... 54509 30 CFR 121...... 54538 228...... 54506, 54509 103...... 52216 104...... 52216 934...... 52691 14 CFR 229...... 54506 232...... 52283 146...... 52216 Proposed Rules: Ch. I ...... 53610 239...... 54509 180...... 52216 202...... 52735 13...... 53998 240...... 52996 200...... 54267, 54492 206...... 52735 16...... 53998 249...... 54506, 54509 236...... 54492 756...... 53884 39 ...... 51212, 51357, 52688, 420...... 52498, 53996 252...... 51319 913...... 51631 52876, 53035, 53038, 53040, Proposed Rules: 570...... 51756, 54914 935...... 54373, 54375 53042, 53044, 53046, 53611, 230...... 54518 576...... 51546 31 CFR 53613, 54331, 54538, 55080, 240...... 54518 585...... 52186 55082, 55084, 55085, 55087 813...... 54492 353...... 53822 71 ...... 51360, 51361, 51362, 18 CFR 913...... 54492 356...... 54908 52281, 52282, 52283, 53050, 303...... 54849 950...... 54492 370...... 54908 53841, 53842, 53843, 53844, 1315...... 55097 960...... 54492 500...... 54936 53845, 53847, 53848, 53849, 3500...... 51782 515...... 54936 53850, 53850, 53996, 54933, 19 CFR Proposed Rules: 535...... 54936 55088, 55089, 55090, 55091 101...... 51363 42...... 53341 550...... 54936 73 ...... 53051, 53052, 53852 111...... 54551 92...... 53341 560...... 54936 91...... 51782, 54020 Proposed Rules: 215...... 53341 575...... 54936 97 ...... 53053, 53054, 53056 10...... 51849 219...... 53341 585...... 54936 440...... 51395 221...... 53341 590...... 54936 Proposed Rules: 20 CFR 236...... 53341 595...... 54936 Ch. I ...... 51845 368...... 54732 290...... 53341 Ch. V...... 54334 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Reader Aids iii

Proposed Rules: 135...... 53886 42 CFR 3870...... 54120 356...... 51851 52...... 55102 4200...... 54120 36 CFR 4300...... 54120 32 CFR 52a...... 55106 13...... 54334 54a...... 55106 4700...... 54120 90...... 54097 Proposed Rules: 57...... 51787 5000...... 54120 91...... 54097 61...... 51536 63a...... 55110 5470...... 54120 174...... 54097 223...... 54589 65a...... 55113 5510...... 54120 175...... 54097 1190...... 51397 72...... 55190 8370...... 54120 706...... 52879 1191...... 51397 412...... 51217 9180...... 54120 33 CFR 413...... 51217, 51611 9230...... 54120 37 CFR 489...... 51217 44 CFR 100...... 52695, 53321 1003...... 52299 120...... 51597 Proposed Rules: 1...... 518355 62...... 51217 128...... 51597 43 CFR 64 ...... 51226, 51228, 54565, 401...... 54733 38 CFR 5470...... 53860 54567 Proposed Rules: 65...... 54563 4...... 52695 Proposed Rules: 100...... 53422, 53344 1600...... 54120 67...... 54573 165...... 53345, 53346 39 CFR 1820...... 54120 206...... 55122, 55123 Proposed Rules: 34 CFR 111...... 52702, 53321 1840...... 54120 67...... 54593 3001...... 55100 1850...... 54120 614...... 51783 1860...... 54120 Proposed Rules: 45 CFR 617...... 51783 1880...... 54120 111...... 53280 619...... 51783 2090...... 54120 6...... 54743 641...... 51783 8...... 54743 40 CFR 2200...... 54120 Proposed Rules: 2300...... 54120 46...... 51531 222...... 52564 9 ...... 51365, 52287, 53854, 2360...... 54977 79...... 52299 350...... 53560 54030 2450...... 54120 1386...... 51751 351...... 53560 50...... 52852 2520...... 54120 46 CFR 352...... 53560 51...... 52848 2530...... 53887 353...... 53560 52 ...... 51214, 51366, 51598, 2540...... 54120 61...... 52497 355...... 53560 51599, 51784, 52297, 52865, 2560...... 54120 108...... 51789 357...... 53560 52882, 53066, 53328, 53624, 2620...... 54120 110...... 51789 360...... 53560 53628, 53633, 53636, 53639, 2640...... 54120 111...... 51789 400...... 54024 54556, 54560, 54734, 54736, 2650...... 54120 112...... 51789 401...... 54024 54737, 54941, 54943, 54946, 2720...... 54120 113...... 51789 402...... 54024 54948 2760...... 51666 161...... 51789 403...... 54024 60...... 52865 2800...... 54120 190...... 52497 406...... 54024 63...... 54342 2810...... 54120 197...... 52497 410...... 54024 70...... 51368, 51370 2880...... 54120 295...... 58861 411...... 54024 80...... 53854 2910...... 54120 501...... 51230 412...... 54024 81 ...... 53328, 53639, 54560 2920...... 54120 502...... 51230 413...... 54024 82...... 54030 3000...... 54120 506...... 52704 415...... 54024 86...... 51365, 54852 3100...... 54120 514...... 51230 421...... 54024 89...... 52088 3120...... 54120 583...... 51230 425...... 54024 90...... 52088 3150...... 54120 426...... 54024 91...... 52088 3160...... 54120 47 CFR 427...... 54024 132...... 54748 3180...... 54120 1...... 52887 428...... 54024 180...... 51372 3200...... 52736, 54120 2...... 52301 429...... 54024 271...... 52884, 54950 3210...... 52736 11...... 54952 460...... 54024 300 ...... 51373, 52886, 52887, 3220...... 52736 20...... 51233 461...... 54024 53328, 54098, 54343 3240...... 52736, 54120 22...... 54098 464...... 54024 721...... 52287 3250...... 52736, 54120 24...... 51233 472...... 54024 763...... 52703 3260...... 52736, 54120 25...... 52301 477...... 54024 Proposed Rules: 3280...... 54120 51...... 52706, 54099 489...... 54024 52 ...... 51257, 51397, 51631, 3410...... 54120 64...... 52307, 54344 490...... 54024 51638, 51651, 51659, 51877, 3420...... 54120 68 ...... 52307, 54344, 54953 491...... 54024 52401, 52864, 52902, 53163, 3430...... 54120 73 ...... 51789, 52899, 52900, 607...... 52399 53166, 53174, 53180, 53692, 3450...... 54120 53643, 53644, 54104, 55117, 608...... 52399 53693, 53694, 54747, 54972, 3470...... 54120 55118 609...... 52399 54975, 54976 3480...... 54120 90...... 52301, 54098 628...... 52399 59...... 52735 3500...... 54120, 54384 Proposed Rules: 636...... 52399 60...... 52864, 54377 3510...... 54120, 54384 Ch. I ...... 53694 637...... 52399 64...... 53886 3520...... 54120, 54384 1...... 54600 645...... 52399 70...... 53886 3530...... 54120, 54384 64...... 54979 647...... 52399 71...... 53886 3540...... 54120, 54384 73 ...... 53698, 54142, 54404, 649...... 52399 80...... 53886 3550...... 54120, 54384 54405, 54600, 55124. 55125 650...... 52399 81...... 53694 3560...... 54384 90...... 51877, 54980 655...... 52399 132...... 54748 3570...... 54384 97...... 52767 658...... 52399 140...... 54014 3590...... 54120, 660...... 52399 228...... 54112 3710...... 54120 48 CFR 661...... 52399 261...... 51397 3730...... 54120 Ch. 2 ...... 54346 669...... 52399 271...... 51397 3740...... 51667, 54120 219...... 54346 281...... 51875 3800...... 54120 401...... 53645 35 CFR 302...... 51397 3810...... 51667, 54120 402...... 53645 Proposed Rules: 372 ...... 51322, 51330, 54381 3820...... 51667 403...... 53645 133...... 53886 799...... 54383 3830...... 54120 404...... 53645 iv Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Reader Aids

405...... 53645 451...... 53645 29...... 52232 1114...... 52710 406...... 53645 452...... 53645 31...... 52232, 52998 1115...... 52710 407...... 53645 453...... 53645 32...... 52232 1121...... 52710 408...... 53645 501...... 51373 36...... 52232, 52998 Proposed Rules: 409...... 53645 702...... 51234 37...... 52232 361...... 54601 410...... 53645 706...... 51234 38...... 52844 362...... 54601 411...... 53645 715...... 51234 42...... 52232 363...... 54601 412...... 53645 716...... 51234 45...... 52232 364...... 54601 413...... 53645 722 ...... 51234, 52497, 53996 47...... 52232 369...... 54711 414...... 53645 726...... 51234 49...... 52232 372...... 54712 415...... 53645 733...... 51234 51...... 52844 383...... 52401 416...... 53645 737...... 51234 52 ...... 52232, 52998, 52999 391...... 52401 417...... 53645 752...... 51234 53...... 52232, 52998 393...... 54142 418...... 53645 837...... 52709 917...... 53185, 53699 571...... 51669, 54981 419...... 53645 852...... 52709 950...... 53185, 53699 575...... 52769 420...... 53645 1212...... 53677, 54490 952...... 53185, 53699 1313...... 54144 421...... 53645 1505...... 55118 970...... 53185, 53699 422...... 53645 1514...... 55118 1535...... 55126 423...... 53645 1537...... 55118 1552...... 55126 50 CFR 424...... 53645 1548...... 55118 SubCh. D ...... 53329 425...... 53645 1552...... 55118 49 CFR 17 ...... 53070, 53089, 53108, 426...... 53645 1815...... 52325 53124, 53130, 53137, 54044, 427...... 53645 Ch. III ...... 54706 1816...... 52325 54346 428...... 53645 Ch. X...... 54706 1852...... 52325 216...... 51213 429...... 53645 106...... 51334 1870...... 52325 217...... 52370 430...... 53645 107...... 51334 6101...... 52347 285...... 53677, 55119 431...... 53645 171...... 51235, 51334 432...... 53645 6102...... 52347 172 ...... 51236, 51238, 51334 622...... 52715 433...... 53645 Proposed Rules: 173 ...... 51238, 51241, 51334, 648 ...... 52384, 52715, 53866, 434...... 53645 1...... 52232, 52998 51495 54105, 54578, 54579 435...... 53645 2...... 52998 174...... 51334 679 ...... 51374, 51789, 52385, 436...... 53645 3...... 52232 175...... 51334 52716, 53153, 53154, 53679, 437...... 53645 4...... 52232 176...... 51334 54580, 54953, 55128 438...... 53645 6...... 52232, 52999 177...... 51334 Proposed Rules: 439...... 53645 8...... 52232, 52844 178...... 51334 17 ...... 51878, 52402, 53186 440...... 53645 9...... 52232 179...... 51334 23...... 52403 441...... 53645 12...... 52232, 52999 180...... 51334 217...... 52404 442...... 53645 13...... 52844 397...... 54744 222...... 52404 443...... 53645 14...... 52232, 52998 593...... 51334 227...... 53893 444...... 53645 15...... 52998, 52999 1011...... 52710 229...... 52769 445...... 53645 16...... 52232 1070...... 54104 424...... 51398 446...... 53645 19...... 52232 1071...... 54104 622...... 55127 447...... 53645 22...... 52232 1104...... 52710 648...... 52903, 54406 448...... 53645 23...... 52232 1111...... 52710, 53996 649...... 52903 449...... 53645 25...... 52232 1112...... 52710 660...... 51670 450...... 53645 27...... 52232 1113...... 52710 679...... 54145 Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Reader Aids v

REMINDERS TRANSPORTATION AGRICULTURE elimination; comments due The items in this list were DEPARTMENT DEPARTMENT by 10-28-96; published 8- editorially compiled as an aid Federal Aviation Rural Utilities Service 29-96 to Federal Register users. Administration Telecommunications standards ENVIRONMENTAL Inclusion or exclusion from Airworthiness directives: and specifications: PROTECTION AGENCY this list has no legal Fokker; published 9-19-96 Materials, equipment, and Air quality implementation significance. TRANSPORTATION construction-- plans; approval and DEPARTMENT Telecommunications plant promulgation; various States: RULES GOING INTO National Highway Traffic acceptance tests and Safety Administration measurements; Colorado; comments due by EFFECT TODAY comments due by 10- 10-28-96; published 8-28- Motor vehicle safety 96 standards: 28-96; published 8-28- EDUCATION DEPARTMENT 96 Kansas; comments due by Lamps, reflective devices, Postsecondary education: COMMERCE DEPARTMENT 11-1-96; published 10-2- and associated 96 Modern foreign language equipment-- Export Administration Maryland; comments due by training and area studies Headlamp concealment Bureau higher education 10-28-96; published 9-27- devices; Federal Export licensing: programs; published 9-24- 96 regulatory reform; Foreign policy-based 96 published 9-24-96 Montana; comments due by controls; review of effects; 10-30-96; published 9-30- ENVIRONMENTAL comments due by 11-1- PROTECTION AGENCY 96 COMMENTS DUE NEXT 96; published 10-2-96 Acquisition regulations: New York; comments due WEEK COMMERCE DEPARTMENT by 10-31-96; published Acquisition information, past National Oceanic and 10-1-96 performance, advisory and AGRICULTURE Atmospheric Administration Air quality implementation assistance services; √ √ policies and procedures DEPARTMENT Fishery conservation and plans; A approval and on value engineering; Agricultural Marketing management: promulgation; various published 10-24-96 Service Alaska; fisheries of States; air quality planning Apples and pears shipped to Exclusive Economic Zone- purposes; designation of FEDERAL TRADE areas: COMMISSION Pacific ports of Russia; - grade requirements Washington; comments due Trade regulation rules: Yellowfin sole; comments relaxation; comments due due by 10-31-96; by 10-28-96; published 9- Lubricating oil, previously by 10-28-96; published 9- published 10-21-96 26-96 used; deceptive 26-96 Hazardous waste: advertising and labeling; Bering Sea and Aleutian Kiwifruit research, promotion, Municipal solid waste landfill CFR part removed; Islands groundfish; and consumer information facilities and hazardous published 10-24-96 comments due by 10-28- order; comments due by 11- 96; published 9-12-96 waste treatment, storage, HEALTH AND HUMAN 1-96; published 10-2-96 Northeastern United States and disposal facilities; SERVICES DEPARTMENT Popcorn promotion, research, fisheries corporate owners and Food and Drug operators-- and consumer information Atlantic sea scallop; Administration Financial assurance order; comments due by 10- comments due by 11-1- mechanisms; comments Medical devices: 30-96; published 9-30-96 96; published 9-20-96 Humanitarian use devices; due by 10-28-96; AGRICULTURE COMMODITY FUTURES published 6-26-96 published 9-27-96 DEPARTMENT TRADING COMMISSION Commodity Credit FEDERAL HOUSING AND URBAN Commodity pool operators and DEVELOPMENT Corporation COMMUNICATIONS commodity trading advisors: COMMISSION DEPARTMENT Conservation and Electronic media use; Federal regulatory reform: environmental programs: Common carrier services: comments due by 10-28- Telecommunications Act of Hearing procedures; Conservation Reserve 96; published 8-27-96 streamlining; published 9- Programs (1986-1990 and 1996; implementation-- DEFENSE DEPARTMENT 24-96 1991-2002); comments Wireless services; Federal Acquisition Regulation telecommunications LABOR DEPARTMENT due by 10-28-96; published 8-27-96 (FAR): equipment, customer Occupational Safety and premise equipment, and AGRICULTURE Payment by electronic funds Health Administration telecommunications DEPARTMENT transfer; comments due State plans; development, by 10-28-96; published 8- services; access by Federal Crop Insurance enforcement, etc.: 29-96 people with disabilities; Corporation comments due by 10- Kentucky et al.; published EDUCATION DEPARTMENT 10-24-96 Crop insurance regulations: 28-96; published 9-26- Texas citrus tree crop; Postsecondary education: 96 SOCIAL SECURITY comments due by 10-28- Student assistance general ADMINISTRATION Radio stations; table of 96; published 8-29-96 provisions-- assignments: Supplemental security income: AGRICULTURE Records maintenance and Minnesota; comments due Aged, blind, and disabled-- DEPARTMENT retention; three year by 10-28-96; published 9- Income exclusions; Farm Service Agency time period; comments 16-96 published 9-24-96 due by 10-28-96; Agricultural conservation Nevada; comments due by published 9-13-96 TENNESSEE VALLEY programs: 10-28-96; published 9-16- AUTHORITY Conservation reserve ENERGY DEPARTMENT 96 Lobbying; new restrictions: programs (1986-1990 and Acquisition regulations: Oklahoma; comments due Civil monetary penalties; 1991-2002); comments Non-statutorily imposed by 10-28-96; published 9- inflation adjustment; due by 10-28-96; contractor and offeror 16-96 published 10-24-96 published 8-27-96 certification requirements; Television broadcasting: vi Federal Register / Vol. 61, No. 207 / Thursday, October 24, 1996 / Reader Aids

Cable television systems-- River otters taken in to private or nonprofit Robinson Helicopter Co.; Local market definition for Missouri; export; organization; comments comments due by 10-29- purposes of must-carry comments due by 10-28- due by 10-28-96; 96; published 8-30-96 rules; comments due by 96; published 10-7-96 published 8-29-96 Airworthiness standards: 10-31-96; published 6- INTERIOR DEPARTMENT Welfare reform; comments due Special conditions-- 10-96 Minerals Management by 10-28-96; published 8- Lockheed Martin Service 29-96 FEDERAL RESERVE Aerospace Corp. model SYSTEM Royalty management: NATIONAL AERONAUTICS L382J airplane; Bank holding companies and Gas produced from Federal AND SPACE comments due by 11-1- change in bank control and Indian leases; gas ADMINISTRATION 96; published 9-17-96 (Regulation Y): royalties and deductions Federal Acquisition Regulation Class E airspace; comments Miscellaneous amendments; for gas transportation (FAR): calculations; comments due by 10-31-96; published comments due by 10-31- Payment by electronic funds 9-17-96 96; published 9-6-96 due by 10-30-96; transfer; comments due published 9-17-96 TRANSPORTATION GENERAL SERVICES by 10-28-96; published 8- Royalty relief for deep water DEPARTMENT ADMINISTRATION 29-96 producing leases and SECURITIES AND National Highway Traffic Federal Acquisition Regulation existing leases; comments EXCHANGE COMMISSION Safety Administration (FAR): due by 10-30-96; Agency information collection Payment by electronic funds published 9-17-96 Securities: activities: transfer; comments due INTERIOR DEPARTMENT Lost securityholders; transfer by 10-28-96; published 8- agent requirements; Proposed collection; Surface Mining Reclamation 29-96 comments due by 10-28- comment request; and Enforcement Office 96; published 8-28-96 correction; comments due HEALTH AND HUMAN Indian lands program: SERVICES DEPARTMENT Securities Exchange Act of by 10-28-96; published Abandoned mine land 1934; section 10A 10-8-96 Food and Drug reclamation plan-- Administration reporting requirements; Motor vehicle safety Navajo Nation, AZ and comments due by 10-28- standards: Food additives: NM; comments due by 96; published 8-29-96 Occupant crash protection-- Polymers-- 10-30-96; published 9- TRANSPORTATION 30-96 Standard requirement that Methyl methacrylate/butyl DEPARTMENT acrylate-grafted LEGAL SERVICES test dummy remain in Coast Guard polypropylene CORPORATION vehicle during crash test; comments due by copolymer; comments Aliens; legal assistance Drawbridge operations: due by 11-1-96; Massachusetts; comments 10-29-96; published 8- restrictions; comments due 30-96 published 10-2-96 by 10-28-96; published 8- due by 10-31-96; HOUSING AND URBAN 29-96 published 4-30-96 TREASURY DEPARTMENT DEVELOPMENT Attorneys' fees; comments due Federal regulatory review: Alcohol, Tobacco and DEPARTMENT by 10-28-96; published 8- Lifesaving equipment; Firearms Bureau Public and Indian housing: 29-96 comments due by 10-31- Commerce in firearms and Optional earned income Fee-generating cases; 96; published 8-26-96 ammunition: comments due by 10-28-96; exclusions; comments due Regattas and marine parades: Ammunition feeding devices published 8-29-96 by 10-29-96; published 8- Charleston Christmas with capacity of more 30-96 Fund recipients; application of Parade of Boats, SC; than 10 rounds; INTERIOR DEPARTMENT Federal law; comments due comments due by 10-28- importation; cross by 10-28-96; published 8- Indian Affairs Bureau 96; published 9-26-96 reference; comments due 29-96 by 10-28-96; published 7- Energy and minerals: TRANSPORTATION Lobbying and certain other DEPARTMENT 29-96 Quapaw Indian lands; lead activities; restrictions; and zinc mining operation comments due by 10-28-96; Federal Aviation TREASURY DEPARTMENT and leases; comments published 8-29-96 Administration Fiscal Service due by 10-28-96; Non-LSC funds use; client Airworthiness directives: Marketable book-entry published 8-27-96 identity and statement of Bell; comments due by 10- Treasury bills, notes, and INTERIOR DEPARTMENT facts; comments due by 10- 29-96; published 8-30-96 bonds; sale and issue; Land Management Bureau 28-96; published 8-29-96 Burkhart Grob, Luft- und comments due by 10-28-96; published 9-27-96 Minerals management: Priorities in use of resources; Raumfahrt; comments due comments due by 10-28-96; by 11-1-96; published 8- TREASURY DEPARTMENT Oil and gas leasing-- published 8-29-96 30-96 Privacy Act; implementation: Stripper oil properties; Prisoner representation; HOAC Austria; comments royalty rate reduction; comments due by 10-28-96; due by 10-28-96; Internal Revenue Service; comments due by 10- published 8-29-96 published 8-22-96 comments due by 10-28- 29-96; published 8-30- Solicitation restriction; 96; published 9-26-96 96 McDonell Douglas; comments due by 10-28-96; comments due by 10-28- UNITED STATES INTERIOR DEPARTMENT published 8-29-96 96; published 9-17-96 INFORMATION AGENCY Fish and Wildlife Service Subgrants, fees, and dues: McDonnell Douglas; Privacy Act; implementation; Endangered Species Prohibition of use of funds comments due by 10-30- comments due by 10-30-96; Convention: to pay membership dues 96; published 10-4-96 published 9-30-96