Pages 15855±16034 Vol. 60 3±28±95 No. 59 federal register March 28,1995 Tuesday issue. Dallas, TX,seeannouncementontheinsidecoverofthis For informationonbriefingsinWashington,DC,and Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995

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PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser , no Administration, Washington, DC 20408, under the Federal Register > Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the password , at the second login as regulations of the Administrative Committee of the Federal Register > > (1 CFR Ch. I). Distribution is made only by the Superintendent of newuser

2 III

Contents Federal Register Vol. 60, No. 59

Tuesday, March 28, 1995

Agriculture Department Environmental Protection Agency See Animal and Plant Health Inspection Service RULES See Consolidated Farm Service Agency Air quality implementation plans; approval and See Forest Service promulgation; various States: California, 15875–15877 Animal and Plant Health Inspection Service PROPOSED RULES RULES Air quality implementation plans; approval and Exportation and importation of animals and animal promulgation; various States: products: California, 15891–15893 Milk and milk products; importation certificate, 15856– NOTICES 15858 Agency information collection activities under OMB NOTICES review, 15913 Genetically engineered organisms for release into Clean Water Act: environment; permit applications, 15895–15896 Section 404 permit program; dredged or fill material discharge— Centers for Disease Control and Prevention New Jersey, 15913–15920 Drinking water: NOTICES Public water supply supervision program— Meetings: South Dakota, 15920–15921 National Institute for Occupational Safety and Health; Scientific Counselors Board, 15933 Farm Credit Administration NOTICES Commerce Department Consolidated reporting system information release; policy See Foreign-Trade Zones Board statement, 15921–15923 See International Trade Administration See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Consolidated Farm Service Agency Airworthiness directives: NOTICES Textron Lycoming, 15864–15867 Warehouses licensed under U.S. Warehouse Act, and Class D airspace, 15867 cancellations and/or terminations; lists availability, Class E airspace, 15867–15868 15896 PROPOSED RULES Airworthiness standards: Copyright Office, Library of Congress Rotorcraft; normal and transport category— RULES Research and development initiative (1998 FY); Claims registration: program identification, 15883–15884 Daily newsletters; group registration, 15874–15875 Class D airspace, 15884–15885 Class E airspace, 15885–15886 Drug Enforcement Administration Jet routes, 15887 NOTICES RULES Committees; establishment, renewal, termination, etc.: Schedules of controlled substances: Aviation Rulemaking Advisory Committee, 15950 Exempt chemical preparations, 15956–16024 Meetings: Aviation Rulemaking Advisory Committee, 15950–15951 Education Department Organization, functions, and authority delegations: NOTICES Tanana, AK, 15951 Meetings: Passenger facility charges; applications, etc.: Student Financial Assistance Advisory Committee, Medford-Jackson County Airport, OR, 15951 15904–15905 Federal Communications Commission Energy Department NOTICES See Federal Energy Regulatory Commission Meetings; Sunshine Act, 15953 NOTICES Committees; establishment, renewal, termination, etc.: Federal Deposit Insurance Corporation National Electric and Magnetic Fields Advisory RULES Committee, 15905 Capital maintenance: Environmental statements; availability, etc.: Low level recourse transactions, 15858–15861 Hanford Site, WA— PROPOSED RULES K-Basins; spent nuclear fuel management, 15905–15909 Practice and procedure rules: Meetings: Unsafe and unsound banking practices— Human Radiation Experiments Advisory Committee, Insured depository institutions; adverse contracts; 15909 withdrawn, 15882–15883 IV Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Contents

NOTICES Protocol development for clinical effectiveness and target Intra-agency appellate process; guidelines, 15923–15931 animal safety trials; guideline availability, 15933– 15934 Federal Emergency Management Agency Meetings: NOTICES Human and animal drug and biological products; good Radiological emergencies; public information materials and manufacturing practices and quality controls emergency alert system instructions, guide for compliance, etc.; potential agreement with European preparing; availability, 15931 Union, 15934–15935 Investigational new drugs; procedure to monitor clinical Federal Energy Regulatory Commission hold process, 15935–15936 RULES Practice and procedure: Foreign-Trade Zones Board Electronic filing of FERC Form No. 1 and delegation to NOTICES Chief Accountant, 15868–15870 Applications, hearings, determinations, etc.: NOTICES Texas Preliminary permits surrender: BASF Corp.; chemical products manufacturing Adirondack Hydro Development Associates, 15912–15913 facilities, 15903 Applications, hearings, determinations, etc.: Allan D. Gilmour, 15910 Forest Service Dayton Power & Light Co., 15910 NOTICES Kansas & Oklahoma Cities et al., 15910 Boundary establishment, descriptions, etc.: KN Interstate Gas Transmission Co., 15910–15911 Leeds Island Purchase Unit, OR, et al., 15896–15897 Koch Gateway Pipeline Co., 15911 Health and Human Services Department National Fuel Gas Supply Corp., 15911–15912 See Centers for Disease Control and Prevention Questar Pipeline Co., 15912 See Food and Drug Administration Tennessee Gas Pipeline Co., 15912 See National Institutes of Health See Public Health Service Federal Maritime Commission See Substance Abuse and Mental Health Services NOTICES Administration Agreements filed, etc., 15931 Freight forwarder licenses: Housing and Urban Development Department Fari International, Inc., et al., 15931–15932 RULES Southern World International, Inc., et al., 15932 Organization, functions, and authority delegations: Local offices; single family mortgage limits, 16032–16033 Federal Reserve System NOTICES PROPOSED RULES Agency information collection activities under OMB Bank holding companies and change in bank control review, 15938–15939 (Regulation Y): Organization, functions, and authority delegations: Shares or assets controls; filing requirement eliminated, Director, Housing Office, et al., 16034 15881–15882 NOTICES Immigration and Naturalization Service Applications, hearings, determinations, etc.: RULES Heartland Financial USA, Inc., et al., 15932 Immigration: Professional Bancorp, 15932–15933 Visa waiver pilot program— Truman, Otis, et al., 15933 Ireland, 15855–15856 Interior Department Fish and Wildlife Service See Fish and Wildlife Service NOTICES See Minerals Management Service Endangered and threatened species permit applications, See 15939 Internal Revenue Service Food and Drug Administration RULES RULES Income taxes: GRAS or prior-sanctioned ingredients: Cash or deferred arrangements and employee and Diacetyl tartaric acid esters of mono- and diglycerides; matching contributions under employee plans; recognition of acronym ‘‘DATEM’’ as alternate correction, 15874 common or usual name, 15871–15872 Medical devices: International Trade Administration Class 1 generic devices; premarket notification NOTICES exemptions; correction, 15872 Antidumping: Organization, functions, and authority delegations: High-tenacity rayon filament yarn from— Changes in organizational structures, updates of officials’ Germany, 15897–15901 titles, and changes in location and numbering of Countervailing duties: statutory provisions, 15870–15871 Circular welded carbon steel pipes and tubes from— NOTICES Thailand, 15901–15903 Animal drugs, feeds, and related products: Applications, hearings, determinations, etc.: Compliance policy guides; revocation, 15933 Interior Department et al., 15901 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Contents V

International Trade Commission Southern California Edison Co. et al., 15944 NOTICES Import investigations: Occupational Safety and Health Administration Oil country tubular goods from— PROPOSED RULES Argentina, 15941 Construction and health standards: Steel Erection Negotiated Rulemaking Advisory Justice Department Committee— See Drug Enforcement Administration Meetings, 15888 See Immigration and Naturalization Service Pension Benefit Guaranty Corporation Labor Department PROPOSED RULES See Occupational Safety and Health Administration Single-employer plans: Disclosure to participants, 16026–16030 Library of Congress See Copyright Office, Library of Congress Public Health Service See Centers for Disease Control and Prevention Minerals Management Service See Food and Drug Administration PROPOSED RULES See National Institutes of Health Periodic reviews of significant regulations; request for See Substance Abuse and Mental Health Services comments, 15888–15891 Administration NOTICES National Archives and Records Administration Organization, functions, and authority delegations: NOTICES National Institutes of Health, 15936–15937 Organization, functions, and authority delegations: Move to Archives II, College Park, MD— Securities and Exchange Commission Reference service on certain textual records; temporary NOTICES closure, 15941–15943 Agency information collection activities under OMB review, 15946–15947 National Institutes of Health Self-regulatory organizations; proposed rule changes: NOTICES American Stock Exchange, Inc. et al., 15947–15948 Meetings: Chicago Board Options Exchange, Inc., 15948–15949 Research Grants Division special emphasis panel, 15936 Small Business Administration National Oceanic and Atmospheric Administration RULES PROPOSED RULES Organization, functions, and authority delegations: Fishery conservation and management: Long Beach, CA; U.S. Export Assistance Center Director; New England Fishery Management Council; meeting, guaranteed export loans approval, 15864 15893–15894 NOTICES NOTICES Disaster loan areas: Organization, functions, and authority delegations: California, 15949 National marine sanctuary program; adoption of symbol, 15903–15904 State Department National Park Service RULES NOTICES Visas; nonimmigrant documentation: Concession contract negotiations: Visa waiver pilot program, 15872–15874 Channel Islands National Park, CA; air taxi service, 15939–15940 Substance Abuse and Mental Health Services National Register of Historic Places: Administration Pending nominations, 15940–15941 NOTICES Meetings: National Transportation Safety Board Substance Abuse Prevention Conference Review NOTICES Committee, 15937–15938 Meetings; Sunshine Act, 15953 Thrift Supervision Office Nuclear Regulatory Commission RULES PROPOSED RULES Savings associations: Practice rules: Lending limits; loans to one borrower, 15861–15864 Rulemaking petitions; submission procedures, 15878– 15881 Transportation Department NOTICES See Federal Aviation Administration Environmental statements; availability, etc.: RULES Power Authority of State of , 15944–15945 Organization, functions, and authority delegations: Virginia Electric & Power Co., 15945–15946 General Counsel and Deputy General Counsel, 15877 Meetings; Sunshine Act, 15953 Applications, hearings, determinations, etc.: Treasury Department Georgia Power Co. et al., 15943 See Internal Revenue Service Sacramento Municipal Utility District, 15943–15944 See Thrift Supervision Office VI Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Contents

United States Information Agency Part IV NOTICES Department of Housing and Urban Development, 16034 Art objects; importation for exhibition: Mongolia: The Legacy of Chinggis Khan, 15951–15952 Reader Aids Additional information, including a list of public laws, Separate Parts In This Issue telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue. Part II Department of Justice, Drug Enforcement Administration, Electronic Bulletin Board 15956–16024 Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of Part III documents on public inspection is available on 202–275– Pension Benefit Guaranty Corporation, 16026–16030 1538 or 275–0920. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

8 CFR 217...... 15855 9 CFR 94...... 15856 10 CFR Proposed Rules: 2...... 15878 12 CFR 325...... 15858 563...... 15861 Proposed Rules: 225...... 15881 334...... 15882 13 CFR 101...... 15864 14 CFR 39...... 15864 71 (2 documents) ...... 15867 Proposed Rules: 27...... 15883 29...... 15883 71 (3 documents) ...... 15884, 15885, 16887 18 CFR 141...... 15868 375...... 15868 385...... 15868 21 CFR 5...... 15870 184...... 15871 886...... 15872 1308...... 15956 22 CFR 41...... 15872 24 CFR 203...... 16032 26 CFR 1...... 15874 29 CFR Proposed Rules: 1926...... 15888 2627...... 16026 30 CFR Proposed Rules: Ch. II ...... 15888 37 CFR 202...... 15874 40 CFR 52...... 15875 Proposed Rules: 52...... 15891 49 CFR 1...... 15877 50 CFR Proposed Rules: 649...... 15893 650...... 15893 651...... 15893 15855

Rules and Regulations Federal Register Vol. 60, No. 59

Tuesday, March 28, 1995

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Section Program, were added, effective October contains regulatory documents having general 313 of the Immigration Reform and 1, 1991. (56 FR 46716). Subsequently, applicability and legal effect, most of which Control Act of 1986 (IRCA), Pub. L. 99– Brunei was added, effective July 29, are keyed to and codified in the Code of 603, added section 217 to the 1993. (58 FR 40581). Federal Regulations, which is published under Immigration and Nationality Act (Act) Section 210 of the Immigration and 50 titles pursuant to 44 U.S.C. 1510. which established the nonimmigrant Nationality Technical Corrections Act of The Code of Federal Regulations is sold by Visa Waiver Pilot Program. The Visa 1994, Pub. L. 103–416, dated October the Superintendent of Documents. Prices of Waiver Pilot Program waives the 25, 1994, extended the expiration date new books are listed in the first FEDERAL nonimmigrant visa requirement for the of the Visa Waiver Pilot Program until REGISTER issue of each week. admission of certain aliens to the United September 30, 1996, and revised the States for a period not to exceed ninety program, as set forth in section 211 of (90) days. That original provision that Act, by adding a probationary DEPARTMENT OF JUSTICE authorized the participation of eight program category of designation. countries in the Pilot Program. Initially, Countries designated for the Immigration and Naturalization Service the United Kingdom was the only probationary program are required to 8 CFR Part 217 country designated to receive these meet a different eligibility standard than benefits for its nationals. Japan, having those designated for the pilot program. [INS No. 1685±95] agreed to reciprocal treatment for Probationary program countries are United States citizens entering Japan required to have: RIN 1115±AB93 under similar circumstances, was added a. A nonimmigrant visitor visa refusal rate as a designated country under the Pilot average over the preceding 2 fiscal years that Visa Waiver Pilot Program; Ireland Program effective December 15, 1988. is less than 3.5 percent of the total number France, the Federal Republic of of nonimmigrant visitor visas for nationals of AGENCY: Immigration and Naturalization Germany, Italy, the Netherlands, that country which were granted or refused Service, Justice. Sweden, and Switzerland, having met during those years; ACTION: Interim rule with request for all of the requirements for participation b. A nonimmigrant visitor visa refusal rate comments. in the Visa Waiver Pilot Program, were that is less than 3.0 percent for the preceding fiscal year; and SUMMARY: The Immigration and added later as designated countries c. Have a less than 1.5 percent violation Naturalization Service (Service) amends participating in the Pilot Program. This rate which is defined as the number of those its regulations by extending the Visa action was accomplished by the nationals of the proposed country who were Waiver Pilot Program to permit Secretary of State and the Attorney admitted to the United States as nationals of Ireland to apply for General, acting jointly through their nonimmigrant visitors during the preceding designees, in a final rule published at 54 fiscal year and who violated the terms of admission to the United States for such admission or were excluded or ninety (90) days or less as nonimmigrant FR 27120–27121, on June 27, 1989. The Immigration Act of 1990, withdrew their applications for admission as visitors for business or pleasure without nonimmigrant visitors. first obtaining a nonimmigrant visa. (IMMACT 90), Pub. L. 101–649, dated This action will facilitate travel to the November 29, 1990, revised the Visa Unlike the pilot program, countries United States. Waiver Pilot Program as set forth in designated for the probationary program section 313 of IRCA by removing the are designated for a specific period of DATES: This interim rule is effective eight-country cap and extending its time, not to exceed 3 fiscal years. April 1, 1995. Written comments are provisions to all countries that met the This interim rule amends 8 CFR part invited and must be received on or qualifying provisions of the Visa Waiver 217 to extend the Visa Waiver Pilot before May 30, 1995. Pilot Program and were designated by Program to include the country of ADDRESSES: Please submit written the Secretary of State and the Attorney Ireland in the newly established comments in triplicate, to the Director, General as Pilot Program countries probationary program. The Government Policy Directives and Instructions thereunder. Section 201 of IMMACT 90 of Ireland has agreed to provide Branch, Immigration and Naturalization also extended the period of the pilot reciprocal treatment for United States Service, 425 I Street NW., Room 5307, program until September 30, 1994, for citizens entering Ireland under similar Washington, DC 20536. To ensure the eight Pilot Program countries circumstances. The Government of proper handling, please reference INS already designated under IRCA, as well Ireland has also certified that it has No. 1685–95 on your correspondence. as for any additional Pilot Program established a program to introduce Comments will be available for public countries that were designated under machine-readable passports as required inspection at this location by calling the law, as amended, subject to their by section 217(g)(2)(D) of the Act. (202) 514–3048 to arrange an continued qualification. Therefore, having met all of the other appointment. As a result of these amendments to requirements of section 217(g) of the FOR FURTHER INFORMATION CONTACT: section 217 of the Act, Andorra, Austria, Immigration and Nationality Act, as Ronald J. Hays, Assistant Chief Belgium, Denmark, Finland, Iceland, amended, Ireland is designated as a Inspector, Inspections Division, Liechtenstein, Luxembourg, Monaco, country participating in the Immigration and Naturalization Service, New Zealand, Norway, San Marino, and Probationary Program portion of the 425 I Street NW, Room 7228, Spain, having met all of the Visa Waiver Pilot Program by the Washington, DC 20536, Telephone requirements for participation in the Secretary of State and the Attorney number: (202) 514–0912. nonimmigrant Visa Waiver Pilot General, acting jointly through their 15856 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations designees. (See the Department of State PART 217ÐVISA WAIVER PILOT Also, the certificate must state that, Rule published elsewhere in this issue PROGRAM except for certain movement under seal, of the Federal Register.) the milk or milk product has never been 1. The authority citation for part 217 The Service’s implementation of this in any country in which rinderpest or continues to read as follows: rule as an interim rule, with a 60-day foot-and-mouth disease exists. provision for post-promulgation public Authority: 8 U.S.C. 1103, 1187; 8 CFR part Requiring a certificate will help ensure comments, is based upon the ‘‘good 2. that milk or milk products imported cause’’ exceptions found at 5 U.S.C. 2. Section 217.5 is amended by into the United States do not introduce 553(b)(B) and (d)(3). The reasons and redesignating paragraph (a) as paragraph rinderpest or foot-and-mouth disease the necessity are as follows: this rule (a)(1), revising the heading of newly into the United States. relieves a restriction and is beneficial to designated (a)(1) to read ‘‘Visa Waiver EFFECTIVE DATE: April 27, 1995. both the traveling public and U.S. Pilot Program Countries.’’ and adding a FOR FURTHER INFORMATION CONTACT: Dr. businesses. new paragraph (a)(2) to read as follows: John Gray, Senior Staff Veterinarian, Import-Export Products Staff, National Regulatory Flexibility Act § 217.5 Designated countries. Center for Import-Export, VS, APHIS, The Commissioner of the Immigration (a)(1) * * * Suite 3B05, 4700 River Road Unit 40, and Naturalization Service, in (2) Visa Waiver Pilot Program Riverdale, MD 20737–1228, (301) 734– accordance with the Regulatory Countries with Probationary Status. 4401. Effective April 1, 1995, until September Flexibility Act (5 U.S.C. 605(b)), has SUPPLEMENTARY INFORMATION: reviewed this regulation and by 30, 1998 or the expiration of the Visa approving it certifies that this rule will Waiver Pilot Program, whichever comes Background not have a significant economic impact first, Ireland has been designated as a The regulations in 9 CFR part 94 on a substantial number of small Visa Waiver Pilot Program country with (referred to below as ‘‘the regulations’’) entities. This rule merely removes a Probationary Status in accordance with govern the importation into the United restriction to both the public and United section 217(g) of the Act. States of specified animals and animal States businesses. * * * * * products in order to prevent the Dated: March 1, 1995. introduction into the United States of Executive Order 12866 Doris Meissner, various diseases, including rinderpest This rule is not considered by the Commissioner, Immigration and and foot-and-mouth disease (FMD). Department of Justice, Immigration and Naturalization Service. These are dangerous and destructive Naturalization Service, to be a [FR Doc. 95–7450 Filed 3–27–95; 8:45 am] communicable diseases of ruminants ‘‘significant regulatory action’’ under BILLING CODE 4410±10±M and swine. Executive Order 12866, section 3(f), The regulations in § 94.1(a)(2) list Regulatory Planning and Review, and countries that are declared free of the Office of Management and Budget DEPARTMENT OF AGRICULTURE rinderpest and FMD. Milk and milk has waived its review process under products have the potential to spread section 6(a)(3)(A). Animal and Plant Health Inspection rinderpest and FMD if they are Service produced or processed in or have Executive Order 12612 transited a country where these diseases The regulation proposed herein will 9 CFR Part 94 exist. Therefore, under § 94.16, milk and milk products are restricted entry into not have substantial direct effects on the [Docket No. 93±061±2] States, on the relationship between the the United States unless they are National Government and the States, or Certificate for Importation of Milk and imported from countries listed in on the distribution of power and Milk Products § 94.1(a)(2). responsibilities among the various On June 21, 1994, we published in the levels of government. Therefore, in AGENCY: Animal and Plant Health Federal Register (59 FR 31957–31959, accordance with Executive Order 12612, Inspection Service, USDA. Docket No. 93–061–2) a proposal to it is determined that this rule does not ACTION: Final rule. amend § 94.16 to require that, except for have sufficient federalism implications milk and milk products imported from to warrant the preparation of a SUMMARY: We are amending the Canada, milk or milk products imported Federalism Assessment. regulations concerning the importation into the United States from a country of milk and milk products to require listed in § 94.1(a)(2) as free of rinderpest Executive Order 12606 that any milk or milk product imported and FMD must be accompanied by a into the United States from countries certificate endorsed by a full-time, The Commissioner of the Immigration declared free of rinderpest and foot-and- salaried veterinarian employed by the and Naturalization Service herein mouth disease be accompanied by a country of export. The certificate was to certifies that she has assessed this rule certificate stating that the milk was state that the milk was produced and in light of the criteria in Executive produced and processed in a country processed in a country listed in Order 12606 and has determined that it declared free of rinderpest and foot-and- § 94.1(a)(2), or that the milk product was will not have any impact on family well mouth disease, or that the milk product processed in a country listed in being. was processed in a country declared free § 94.1(a)(2) from milk produced in a List of Subjects in 8 CFR Part 217 of rinderpest and foot-and-mouth country listed in § 94.1(a)(2). The disease from milk produced in a country certificate was to name the country in Administrative practice and declared free of rinderpest and foot-and- which the milk was produced and the procedures, Aliens, Passports and visas. mouth disease. The certificate must country in which the milk or milk Accordingly, part 217 of chapter I of name the country in which the milk was product was processed. Further, the title 8 of the Code of Federal produced and the country in which the certificate was to state that, except for Regulations is amended as follows: milk or milk product was processed. movement under seal as described in Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15857

§ 94.16(c), the milk or milk product had and meat byproducts of ruminants and certification will be monitored and never been in any country in which swine into the United States. Among validated on a routine basis by U.S. rinderpest or FMD existed. We stated in them is the requirement that the meat or authorities. It is not clear what the the proposal that this certification meat byproduct be accompanied by a commenter was referring to. However, would help ensure that milk and milk foreign meat inspection certificate and we can assure the commenter that each products imported into the United that the meat or meat byproduct be certificate will be reviewed at the port States do not introduce rinderpest or manufactured in a meat establishment of entry by an APHIS inspector. If a FMD into the United States. certified by FSIS as eligible to import shipment of milk or milk products is not We solicited comments concerning meat and meat byproducts into the accompanied by a certificate or other our proposal for 60 days ending August United States. We believe the oversight appropriate paper work, the shipment 22, 1994. We received five comments by imposed by FSIS on the importation of will be denied importation into the that date. They were from domestic and meat and meat byproducts affords a United States. We do not believe any foreign manufacturers, importers and more than adequate level of protection additional specifications are needed to exporters of dairy products, and against the introduction of rinderpest monitor or validate the proposed domestic and foreign dairy industry and FMD into the United States, and certificate. groups. We carefully considered all of that it is not necessary to require a The same commenter was concerned the comments we received. They are certificate for the importation of meat that, because the proposed rule exempts discussed below. and meat byproducts similar to the one Canada from the certificate requirement, One commenter requested that we proposed for milk and milk products. milk or milk products originating in a exempt milk and milk products Several commenters who import milk country where FMD exists could be imported from New Zealand from the and milk products into the United shipped through one or more other certificate requirement. As stated in the States from countries declared free of countries before entering Canada for proposal, we are exempting milk and rinderpest and FMD were concerned eventual shipment to the United States. milk products imported from Canada that the proposed rule would For this reason, the commenter stated from the certificate requirement because completely prohibit them from that milk or milk products transhipped Canada has a common land border with importing their products if the products through Canada from another country only the United States, and Canada were processed using milk or milk should not be exempted from the imports milk and milk products from products from a country where certificate requirement. We are making other countries under conditions as rinderpest or FMD exists. Some dairy no changes based on this comment. In restrictive as would be acceptable for product companies in FMD- and the scenario described by the importation into the United States. The rinderpest-free countries regularly commenter, the milk or milk product commenter stated that because New utilize milk or milk products from would not be imported from Canada Zealand also imports milk and milk countries where rinderpest or FMD into the United States; therefore, the products from other countries under exists. Currently, such products may be shipment would have to be conditions as restrictive as would be imported under § 94.16(b)(3) of the accompanied by the paperwork acceptable for importation into the regulations. (Section 94.16(b) governs appropriate to the disease status of the United States, and because New the importation of milk and milk country of origin, and would not be Zealand does not have a common land products originating in, or shipped exempt from the certificate requirement border with any country, milk and milk from, any country designated in simply because it had moved through products imported from New Zealand § 94.1(a) as a country infected with Canada. As stated in the proposal, should be given the same exemption as rinderpest or FMD. Paragraph (b)(3) of Canada imports milk and milk products milk and milk products imported from § 94.16 allows such milk or milk from other countries under conditions Canada. products to be imported into the United as restrictive as would be acceptable for We are making no changes to the rule States if the importer applies to and importation into the United States, based on this comment. Because Canada receives written permission from the making it highly unlikely that Canadian does have a common land border with Administrator of APHIS authorizing the regulations would allow a situation the United States, products moving from importation.) such as the one posed by the commenter Canada into the United States move The intention of our proposed to occur. mostly overland; or, if they are moved certificate was not to discontinue the Therefore, based on the rationale set by aircraft, they are flown directly to the importation, in accordance with forth in the proposed rule and in this United States. Either way, there is § 94.16(b)(3), of milk or milk products document, we are adopting the virtually no risk that the shipment will from an FMD- and rinderpest-free provisions of the proposal as a final pass through or land in another country country if milk or milk products from rule, with the changes discussed in this en route to the United States. The risk another country were utilized in the document. of this would be greater for a shipment processing. We are, therefore, adding a moving from a country that does not sentence to the proposed regulations Executive Order 12866 and Regulatory share a common land border with the based on these comments in order to Flexibility Act United States, thereby increasing the make it clear that, if milk or milk This rule has been reviewed under risk of introducing rinderpest or FMD products from a country declared free of Executive Order 12866. The rule has into the United States. rinderpest and FMD were processed in been determined to be not significant for Another commenter supported the whole or in part from milk or milk the purposes of Executive Order 12866 proposal, and asked that we expand the products from a country not declared and, therefore, has not been reviewed by proposal to require a similar certificate free of rinderpest or FMD, the milk or the Office of Management and Budget. for meat and meat byproducts of milk products may still be imported, as This rule will require that, except for ruminants and swine imported from they are currently, under § 94.16(b)(3) of milk and milk products imported from countries declared free of rinderpest and the regulations. Canada, milk and milk products FMD. The USDA’s Food Safety and One commenter who supported the imported into the United States from Inspection Service (FSIS) imposes strict proposed rule was concerned that the countries declared free of rinderpest and requirements on the importation of meat proposal did not specify how the FMD be accompanied by a certificate 15858 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations stating that the milk was produced and PART 94ÐRINDERPEST, FOOT-AND- FEDERAL DEPOSIT INSURANCE processed in a country declared free of MOUTH DISEASE, FOWL PEST (FOWL CORPORATION rinderpest and FMD, or that the milk PLAGUE), VELOGENIC product was processed in a country VISCEROTROPIC NEWCASTLE 12 CFR Part 325 declared free of rinderpest and FMD DISEASE, AFRICAN SWINE FEVER, RIN 3064±AB60 from milk produced in a country HOG CHOLERA, AND BOVINE declared free of rinderpest and FMD. SPONGIFORM ENCEPHALOPATHY: Capital Maintenance The certificate will have to name the PROHIBITED AND RESTRICTED AGENCY: Federal Deposit Insurance country in which the milk was IMPORTATIONS produced and the country in which the Corporation (FDIC). ACTION: Final rule. milk or milk product was processed. 1. The authority citation for part 94 The certificate will also have to state continues to read as follows: SUMMARY: The FDIC is amending its that the milk or milk product has never Authority: 7 U.S.C. 147a, 150ee, 161, 162, risk-based capital standards for insured been in any country in which rinderpest state nonmember banks to implement or FMD exists. and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 section 350 of the Riegle Community We do not expect that requiring a U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR Development and Regulatory certificate will have any significant 2.17, 2.51, and 371.2(d). Improvement Act of 1994 (Riegle Act). economic impact for U.S. importers of Section 350 states that the amount of milk or milk products. The exporter of 2. In § 94.16, a new paragraph (d) is risk-based capital required to be the milk or milk products will have to added to read as follows: maintained by any insured depository obtain the required certification through institution, with respect to assets the national government of the country § 94.16 Milk and milk products. transferred with recourse, may not of export prior to shipping the milk or * * * * * exceed the maximum amount of milk products to the United States. We recourse for which the institution is (d) Except for milk and milk products do not know how many of those contractually liable under the recourse imported from Canada, and except as governments will charge a fee for agreement. This rule will have the effect providing the certificate, but it is provided in this paragraph, milk or milk of correcting the anomaly that currently unlikely that any fee will be high products imported from a country listed exists in the risk-based capital treatment enough to significantly raise the cost of in § 94.1(a)(2) as free of rinderpest and of recourse transactions under which an the milk or milk product should the foot-and-mouth disease must be institution could be required to hold exporter choose to pass the cost of the accompanied by a certificate endorsed capital in excess of the maximum certificate on to the importer in the by a full-time, salaried veterinarian amount of loss possible under the United States. employed by the country of export. The contractual terms of the recourse Under these circumstances, the certificate must state that the milk was obligation. Administrator of the Animal and Plant produced and processed in a country EFFECTIVE DATE: April 27, 1995. Health Inspection Service has listed in § 94.1(a)(2), or that the milk FOR FURTHER INFORMATION CONTACT: determined that this action will not product was processed in a country Robert F. Storch, Chief, Accounting have a significant economic impact on listed in § 94.1(a)(2) from milk produced Section, Division of Supervision, (202) a substantial number of small entities. in a country listed in § 94.1(a)(2). The 898–8906, or Cristeena G. Naser, certificate must name the country in Attorney, Legal Division, (202) 898– Executive Order 12778 which the milk was produced and the 3587, Federal Deposit Insurance This rule has been reviewed under country in which the milk or milk Corporation, 550 17th Street, NW., Executive Order 12778, Civil Justice product was processed. Further, the Washington, D.C. 20429. Reform. This rule: (1) Preempts all State certificate must state that, except for SUPPLEMENTARY INFORMATION: and local laws and regulations that are movement under seal as described in I. Background inconsistent with this rule; (2) has no § 94.16(c), the milk or milk product has retroactive effect; and (3) does not never been in any country in which The FDIC’s current regulatory capital require administrative proceedings rinderpest or foot-and-mouth disease standards are intended to ensure that before parties may file suit in court exists. Milk or milk products from a FDIC-supervised banks that transfer challenging this rule. country listed in § 94.1(a)(2) that were assets and retain the credit risk inherent in the assets maintain adequate capital Paperwork Reduction Act processed in whole or in part from milk or milk products from a country not to support that risk. This is generally In accordance with the Paperwork listed in § 94.1(a)(2) may be imported accomplished by requiring that bank Reduction Act of 1980 (44 U.S.C. 3501 into the United States in accordance assets transferred with recourse et seq.), the information collection or with § 94.16(b)(3). continue to be reported on the balance recordkeeping requirements included in sheet in the Reports of Condition and Done in Washington, DC, this 22nd day of this rule have been submitted for Income (Call Reports). These amounts March 1995. approval to the Office of Management are thus included in the calculation of and Budget. Terry L. Medley, banks’ risk-based and leverage capital Acting Administrator, Animal and Plant ratios. The regulatory reporting List of Subjects in 9 CFR Part 94 Health Inspection Service. treatment for most asset transfers with Animal diseases, Imports, Livestock, [FR Doc. 95–7599 Filed 3–27–95; 8:45 am] recourse differs from the treatment of such transactions under generally Meat and meat products, Milk, Poultry BILLING CODE 3410±34±P accepted accounting principles and poultry products, Reporting and 1 recordkeeping requirements. (GAAP).

Accordingly, 9 CFR part 94 is 1 The GAAP treatment focuses on the transfer of amended as follows: benefits rather than the retention of risk and, thus, Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15859

In cases where an institution retains The NPR also addressed other issues commenters maintained that the GAAP a low level of recourse, the amount of related to recourse transactions, recourse liability account provides capital required under the FDIC’s risk- including equivalent capital treatment adequate protection against the risk of based capital standards could exceed of recourse arrangements and direct loss on assets sold with recourse, the institution’s maximum contractual credit substitutes that provide first obviating the need for additional liability under the recourse agreement. dollar loss protection and definitions for capital. This can occur in transactions in which ‘‘recourse’’ and associated terms such as The NPR specifically sought comment a bank contractually limits its recourse ‘‘standard representations and on five issues related to the proposed exposure to less than the full effective warranties.’’ The NPR was issued in capital treatment of low level recourse risk-based capital requirement for the conjunction with an Advance Notice of transactions. Twelve of the 25 assets transferred—generally, four Proposed Rulemaking (ANPR) that respondents commented on the first percent for residential mortgage loans outlined a possible alternative approach issue, which concerned the treatment of and eight percent for most other assets. to deal comprehensively with the risk- the GAAP recourse liability account The FDIC and the other federal based capital treatment of asset established for assets sold with recourse banking agencies have long recognized securitizations and any associated reported as sales in the Call Report. this anomaly in the risk-based capital recourse arrangements and direct credit These 12 commenters favored reducing standards. On May 25, 1994, the substitutes. The comment period for the the capital requirement for low level banking agencies, acting upon a NPR and ANPR ended on July 25, 1994. recourse transactions by the balance of recommendation by the Federal During the agencies’ review of the the related GAAP recourse liability Financial Institutions Examination comments received, the Riegle Act was account, which would continue to be Council, issued a Notice of Proposed signed into law on September 23, 1994. excluded from an institution’s Rulemaking (NPR) (59 FR 27116) Section 350 of the Act requires the regulatory capital. In their view, not addressing the risk-based capital federal banking agencies to issue taking the GAAP recourse liability treatment of recourse and direct credit regulations not later than March 22, account into consideration would result substitutes. One of the principal features 1995, limiting the amount of risk-based in double coverage of the portion of the of the NPR was a proposal to amend the capital an insured depository institution risk provided for in that account. banking agencies’ risk-based capital is required to hold for assets transferred Twelve commenters, including five standards to limit the capital charge in with recourse to the maximum amount banking organizations and five trade low level recourse transactions to an of recourse for which the institution is associations, responded to the second contractually liable. In order to meet the institution’s maximum contractual issue, which sought comment on statutory requirements of section 350, recourse liability. The proposal for these whether a dollar-for-dollar capital the FDIC is now issuing a rule that puts types of transactions would effectively requirement would be too high for low into final form only those portions of result in a one dollar capital charge for level recourse transactions. Ten the NPR dealing with low level recourse each dollar of low level recourse commenters indicated that such a transactions. exposure, up to the full effective risk- capital charge would be too high since based capital requirement on the II. Comments Received it was unlikely that an institution would underlying assets. In response to the NPR and ANPR, the incur losses up to its maximum The proposal requested specific FDIC received comment letters from 37 contractual liability. Two others comment on whether an institution entities. Of these respondents, 25 responded that whether the capital should be able to use the balance of the addressed issues related to the NPR’s treatment was too high depended upon GAAP recourse liability account to proposed low level recourse capital the credit quality of the underlying asset reduce the dollar-for-dollar capital treatment. These commenters included pool and the structure of the charge for the recourse exposure on 12 banking organizations, nine trade securitization. assets transferred with low level associations, one government-sponsored The third issue dealt with ways of recourse in a transaction reported as a agency, and three other commenters. Of demonstrating that the dollar-for-dollar sale for Call Report purposes. In these 25 respondents, 22 provided a capital requirement might be too high addition, the proposal indicated that the favorable overall assessment of the low and possible methods for reducing this capital requirement for an exposure to level recourse proposal. In general, requirement without jeopardizing safety low level recourse retained in a these respondents viewed the low level and soundness. The nine commenters transaction associated with a swap of proposal as a way of correcting an on this issue indicated that historical mortgage loans for mortgage-related anomaly in the existing risk-based analysis, examiner review, and securities would be the lower of the capital standards so that institutions ‘‘depression scenario’’ stress testing capital charge for the swapped would not be required to hold capital in would show whether the capital mortgages or the combined capital excess of their contractual liability. requirement would be too high relative charge for the low level recourse Nevertheless, seven of the to historical losses. exposure and the mortgage-related commenters further indicated that, The fourth issue concerned ways the securities, adjusted for any double while the proposed low level recourse banking agencies could handle the counting. capital treatment was a positive step, it increased probability of loss to the still would result in too high of a capital insurance funds administered by the allows a transfer of receivables with recourse to be requirement for assets sold with limited FDIC if less than dollar-for-dollar capital accounted for as a sale if the transferor: (1) recourse. These respondents, which is maintained against low level recourse Surrenders control of the future economic benefits of the assets; (2) is able to reasonably estimate its included five of the 12 banking transactions. The eight commenters on obligations under the recourse provision; and (3) is organizations and two of the nine trade this issue stated that as long as the not obligated to repurchase the assets except associations, expressed the view that the amount of required capital held against pursuant to the recourse provision. In addition, the banking agencies should adopt the the low level recourse transactions was transferor must establish a separate liability account equal to the estimated probable losses under the GAAP treatment of assets sold with prudently assessed based upon expected recourse provision (GAAP recourse liability recourse for purposes of calculating the losses, actual losses would seldom, if account). regulatory capital ratios. These ever, exceed the capital requirement. 15860 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

Thus, the insurance funds would not its recourse obligation. This requirement that is intended to cover only an likely experience losses. limits to one dollar the capital charge institution’s probable expected losses The fifth issue sought comment on for each dollar of low-level recourse under the recourse provision. In this whether the proposed low level exposure. Under this dollar-for-dollar regard, the FDIC notes that the risk- recourse capital treatment would reduce capital requirement, the capital charge based capital standards explicitly state transaction costs or otherwise help to for a 100 percent risk-weighted asset that specific reserves created against facilitate the sale or securitization of transferred with three percent recourse identified losses may not be included in banks’ assets. The eight commenters would be three percent of the amount of regulatory capital. that responded to this issue were all of the transferred assets, rather than the In addition, the amount of credit risk the opinion that the low level capital eight percent previously required. Thus, that is typically retained in a recourse treatment generally would help lower a bank’s risk-based capital requirement transaction greatly exceeds the normal transaction costs and help facilitate on a low level recourse transaction expected losses associated with the securitization. would not exceed the contractual transferred assets. Thus, even though a III. Final Rule maximum amount it could lose under transferring institution may reduce its the recourse obligation. exposure to potential catastrophic losses After considering the comments Under the final rule, an institution by limiting the amount of recourse it received, further deliberating on the may reduce the dollar-for-dollar capital provides, it may still retain, in many issues involved, particularly the charge held against the recourse cases, the bulk of the risk inherent in requirements of section 350 of the exposure on assets transferred with low the assets. For example, an institution Riegle Act, and consulting with the level recourse for a transaction reported transferring high quality assets with a other banking agencies, the FDIC is as a sale for Call Report purposes by the reasonably estimated expected loss rate adopting a final rule amending its risk- balance of any associated noncapital of one percent that retains ten percent based capital standards with respect to GAAP recourse liability account. In recourse in the normal course of the treatment of low level recourse adopting this aspect of the final rule, the transactions. Specifically, the final business will sustain the same amount FDIC concurs with commenters that of losses it would have had the assets amendment implements section 350 by indicated that nonrecognition of the reducing the risk-based capital not been transferred. This occurs liability account would result in double because the amount of exposure under requirements for all recourse coverage of the portion of the credit risk transactions in which an FDIC- the recourse provision is very high provided for in that account. relative to the amount of expected supervised bank contractually limits its In applying the final rule, the FDIC losses. The FDIC believes that in such recourse exposure to less than the full, will, as proposed, limit the risk-based transactions the transferor has not effective risk-based capital requirement capital requirement for an exposure to significantly reduced its risk for for the assets transferred. low level recourse retained in a purposes of assessing regulatory capital This rule applies to low level recourse transaction associated with a swap of transactions involving all types of mortgage loans for mortgage-related and should continue to be assessed assets, including small business loans, securities to the lower of the capital regulatory capital as though the assets commercial loans, multifamily housing charge for the swapped mortgages or the had not been transferred. loans, and residential mortgages. In this combined capital charge for the low The FDIC is issuing this final rule regard, the FDIC notes that previously level recourse exposure and the now in order to implement section 350 under the risk-based capital standards mortgage-related securities, adjusted for of the Riegle Act in accordance with the certain residential mortgage loans any double counting. statutory deadline. Consequently, the transferred with recourse were excluded In setting forth this final rule, the rule deals with only those portions of from risk-weighted assets if the FDIC has considered the arguments that the NPR concerned with low level institution did not retain significant risk several commenters made for adopting recourse transactions. The FDIC will of loss.2 As proposed, this treatment for regulatory capital purposes the continue to consider, on an interagency would be superseded by the broader low GAAP treatment for all assets sold with basis, other aspects of the NPR, as well level recourse rule that the FDIC is recourse, including those sold with low as all aspects of the ANPR that was adopting. levels of recourse. Under such a issued in conjunction with the NPR. Under the final low level recourse treatment, assets sold with recourse in This final rule is effective April 27, rule, an FDIC-supervised bank that accordance with GAAP would have no 1995. However, FDIC-supervised banks contractually limits its maximum capital requirement, but the GAAP may choose to apply the low level recourse obligation to less than the full recourse liability account would recourse rule when completing the risk- effective risk-based capital requirement provide some level of protection against based capital schedule (Schedule RC–R) for the transferred assets would be losses. Nevertheless, the FDIC continues in their Reports of Condition and required to hold risk-based capital equal to believe it would not be appropriate to Income (Call Reports) for March 31, to the contractual maximum amount of adopt for regulatory capital purposes the 1995. GAAP treatment of recourse 2 IV. Regulatory Flexibility Act Analysis Under this treatment, a pool of residential transactions, even if the transferring mortgages that had been transferred with recourse was excluded from risk-weighted assets if the bank retains only a low level of The purpose of this final rule is to transferring institution did not retain significant recourse. reduce the risk-based capital risk of loss, i.e., the institution’s maximum In the FDIC’s view, the GAAP requirement on transfers of assets with contractual recourse exposure did not exceed its recourse liability account would be an low levels of recourse. Therefore, reasonably estimated probable losses on the transferred mortgages, and the institution inadequate substitute for maintaining pursuant to section 605(b) of the established and maintained a recourse liability capital at a level commensurate with the Regulatory Flexibility Act, the FDIC account equal to the maximum amount of its risks. One of the principal purposes of hereby certifies that this rule will have recourse obligation. Under the low level recourse regulatory capital is to provide a a beneficial economic impact on small rule, this type of sale transaction would effectively continue to be excluded from risk-weighted assets cushion against unexpected losses. In business entities (in this case, small because of the size of the recourse liability account contrast, the GAAP recourse liability banks) that sell assets with low levels of that must be maintained. account is, in effect, a specific reserve recourse. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15861

V. Paperwork Reduction Act the effective risk-based capital ACTION: Interim final rule with request The FDIC has determined that, in requirement for the assets being for comments. comparison to the existing risk-based transferred with recourse. If such a SUMMARY: The Office of Thrift capital treatment of low level recourse transaction (including one that, in Supervision (OTS) is amending its transactions, this final rule will not accordance with the instructions for the lending limits regulation, also known as increase the regulatory paperwork preparation of the Consolidated Reports the loans to one borrower (LTOB) rule, burden of FDIC-supervised banks of Condition and Income, is reported as to reflect recent changes to the Office of pursuant to the provisions of the a financing, i.e., the assets are not the Comptroller of the Currency’s Paperwork Reduction Act (44 U.S.C. removed from the balance sheet) meets (OCC’s) lending limits regulation. 3501 et seq.). the criteria for sale treatment under generally accepted accounting Section 5(u) of the Home Owners’ Loan List of Subjects in 12 CFR Part 325 principles, the amount of total capital Act requires that savings association Bank deposit insurance, Banks, required is equal to the maximum lending limits parallel those applicable banking, Capital adequacy, Reporting amount of loss possible under the to national banks. This interim final rule and recordkeeping requirements, recourse provision. If the transaction is amends OTS’s LTOB regulation so that Savings associations, State nonmember also treated as a sale in accordance with thrifts, like national banks, will use banks. the instructions for the preparation of regulatory capital as the starting point For the reasons set forth in the the Consolidated Reports of Condition for determining ‘‘unimpaired capital preamble, the Board of Directors of the and Income, then the required amount and unimpaired surplus’’ for LTOB Federal Deposit Insurance Corporation of capital may be reduced by the purposes, removing the need for a hereby amends part 325 of title 12 of the balance of any associated noncapital separate calculation. It also removes Code of Federal Regulations as follows: liability account established pursuant to other outdated or redundant provisions. generally accepted accounting DATES: The interim final rule is effective PART 325ÐCAPITAL MAINTENANCE principles to cover estimated probable March 28, 1995. Written comments on losses under the recourse provision. So- 1. The authority citation for Part 325 this interim final rule must be received called ‘‘loan strips’’ (that is, short-term is revised to read as follows: on or before April 27, 1995. advances sold under long-term ADDRESSES: Send comments to Director, Authority: 12 U.S.C. 1815(a), 1815(b), commitments without direct recourse) 1816, 1818(a), 1818(b), 1818(c), 1818(t), Information Services Division, Office of are defined in the instructions for the Thrift Supervision, 1700 G Street, NW., 1819(Tenth), 1828(c), 1828(d), 1828(i), preparation of the Consolidated Reports 1828(n), 1828(o), 1831o, 3907, 3909, 4808; Washington, D.C. 20552, Attention Pub. L. 102–233, 105 Stat. 1761, 1789, 1790 of Condition and Income and for risk- Docket No. 95–55. These submissions (12 U.S.C. 1831n note); Pub. L. 102–242, 105 based capital purposes as assets sold may be hand-delivered to 1700 G Street, Stat. 2236, 2355, 2386 (12 U.S.C. 1828 note). with recourse. NW., from 9 a.m. to 5 p.m. on business In addition, a 100 percent conversion days; they may be sent by facsimile 2. Section II.D.1. of appendix A to factor applies to forward agreements. transmission to FAX Number (202) 906– part 325 is amended by removing the Forward agreements are legally binding 7755. Comments will be available for sixth paragraph and adding in its place contractual obligations to purchase inspection at 1700 G Street, NW., from two new paragraphs to read as follows: assets with drawdown which is certain 1 p.m. until 4 p.m. on business days. at a specified future date. These Appendix A to Part 325—Statement of Visitors will be escorted to and from the obligations include forward purchases, Policy on Risk-Based Capital Public Reading Room at established forward deposits placed, and partly paid * * * * * intervals. II. * * * shares and securities, but do not include forward foreign exchange rate contracts FOR FURTHER INFORMATION CONTACT: D. * * * William J. Magrini, Project Manager, 1. * * * or commitments to make residential Policy, (202) 906–5744; Valerie J. Sale and repurchase agreements and mortgage loans. Lithotomos, Counsel (Banking and asset sales with recourse, if not already * * * * * Finance), (202) 906–6439; Deborah included on the balance sheet, are also By order of the Board of Directors. Dakin, Assistant Chief Counsel, (202) converted at 100 percent. For risk-based Dated at Washington, D.C., this 21st day of 906–6445, Regulations and Legislation capital purposes, the definition of sales March, 1995. Division, Chief Counsel’s Office, Office of assets with recourse, including the Federal Deposit Insurance Corporation. of Thrift Supervision, 1700 G Street, sale of one-to-four family residential Robert E. Feldman, NW., Washington DC 20552. mortgages, is consistent with the Acting Executive Secretary. definition contained in the instructions [FR Doc. 95–7535 Filed 3–27–95; 8:45 am] SUPPLEMENTARY INFORMATION: for the preparation of the Consolidated BILLING CODE 6714±01±P I. Background Reports of Condition and Income. Accordingly, except as noted below, the A. Statutory and Regulatory Ties entire amount of any assets transferred DEPARTMENT OF THE TREASURY Between OCC and OTS Lending Limits with recourse that are not already Both savings associations and included on the balance sheet, Office of Thrift Supervision national banks have statutory limits including pools of one-to-four family 12 CFR Part 563 placed on the amount an institution can residential mortgages, is to be converted lend to one borrower. Since 1989, at 100 percent and assigned to the risk [No. 95±55] Section 5(u) of the Home Owners’ Loan weight category appropriate to the RIN 1550±AA78 Act (HOLA) has provided that ‘‘Section obligor or, if relevant, the guarantor or 5200 of the Revised Statutes applies to the nature of the collateral. The terms of Loans to one Borrower savings associations in the same manner a transfer of assets with recourse may and to the same extent as it applies to contractually limit the amount of the AGENCY: Office of Thrift Supervision, bank’s liability to an amount less than Treasury. 15862 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations national banks.’’ 1 Section 5200 The OCC’s new definition included capital. These are substantially similar establishes lending limits, measured as the balance of ALLL not already to Tier 1 and Tier 2 capital for banks. a percentage of an institution’s capital included in Tier 2 capital because the However, in calculating core capital for and surplus, for national banks.2 The full amount of ALLL had long been capital adequacy purposes, thrifts may OCC’s implementing regulations appear included under section 3100. The not include investments in certain at 12 CFR part 32. The OTS’s LTOB rule preamble to the proposal that formed subsidiaries, commonly known as references the lending limits set forth in the basis for the recent final rule stated ‘‘nonincludable subsidiaries.’’ This the OCC rule and most lending limit that ‘‘The OCC believes it is inadvisable requirement, imposed pursuant to definitions.3 Therefore, as OCC amends to constrict the lending limit base at a section 5(t) of the HOLA, is designed to those limits and definitions in Part 32, time when concerns about credit ensure that a thrift with investments in the new limits and definitions apply availability are widespread, and such subsidiaries holds enough capital directly to savings associations, without believes this proposed change will not to fully protect it against any risks such further OTS action. However, section impact credit availability.’’ 6 investments might pose. An ‘‘includable subsidiary’’ is one engaged solely in 563.93(b)(11) of the OTS LTOB rule C. Comparable OTS Revisions to Its activities permissible for a national currently defines the term ‘‘unimpaired Lending Limits Regulation capital and unimpaired surplus’’ by bank, with a few exceptions not relevant reference to another OCC regulation, 12 The OTS, in making conforming here.7 A national bank may have CFR 3.100. Any OCC changes to the use changes to its LTOB regulation, enables subsidiaries, such as service of that definition for lending limit savings associations to realize a similar corporations, that engage in activities purposes would require separate OTS reduction in regulatory burden. not authorized for the bank itself.8 Thus, regulatory action to clarify what Extensive revision is not necessary a national bank may have a subsidiary, definition thrifts should use in because nearly all of the OCC changes which, if held by a savings association, calculating lending limits. will become effective for savings would be considered a ‘‘nonincludable associations by virtue of OTS’s subsidiary’’ and deducted in calculating B. Recent OCC Revisions to Lending referencing of most of the OCC lending core capital pursuant to section 5(t). Limits limits regulation. However, a few small The section 5(t) deduction from As part of the OCC’s Regulation changes are required. capital has never affected savings Review Program, the OCC has recently First, section 563.93(c) is being associations’ lending limit calculations published final revisions to the national amended today to remove an obsolete under section 5(u). Section 5(u) does not bank lending limits regulation.4 OCC’s cross-reference to former section 32.7, require such a deduction in calculating primary purpose in revising this which OCC removed. capital and surplus for lending limits regulation was to eliminate inefficient Second, the OCC has changed its nor has the OCC required such a and unduly costly regulatory lending limits rule to allow national deduction. Under both 12 CFR 3.100 requirements for national banks and banks to calculate their lending limits and new section 32.2(b), investments in thereby better focus the lending limits quarterly, rather than every time a new subsidiaries are not deducted in rule on areas of significant safety and loan is made. The OTS LTOB rule calculating capital. Using the OTS soundness concern.5 The regulation also already incorporates periodic section 5(t) capital definitions could incorporates interpretations OCC has calculations at section 563.93(f)(1). That thus cause a savings association with developed over the years. These changes section is being modified only to non-includable subsidiaries to have a will apply to savings associations upon remove an obsolete parenthetical lower lending limit than it currently has the OCC’s rule becoming effective. reference to ‘‘monthly or quarterly’’ or would have if it were a national bank One of the most important changes calculations. with the identical subsidiaries. Such a OCC’s final rule makes is redefining Third, as discussed above, section credit-limiting result would not be ‘‘capital and surplus.’’ Before 563.93(b)’s definition of ‘‘unimpaired driven by safety or soundness concerns amendment, OCC’s lending limit rule capital and unimpaired surplus’’ on the part of either the OTS or the used a definition of ‘‘capital and currently incorporates 12 CFR 3.100. OCC, but merely by a difference in surplus’’ at 12 CFR 3.100 that is The OCC’s lending limits regulation no capital components not relevant for calculated separately from the longer refers to that definition but lending limit purposes. definitions of Tier 1 and Tier 2 capital substitutes a definition based on the If section 3.100 still applied, or if OTS used for determining capital adequacy. components national banks already use were to reference section 32.2(b), a In its recent rulemaking, the OCC in calculating capital for capital savings association would not be redefined ‘‘capital and surplus’’ as Tier adequacy purposes. This has created required to deduct any of its 1 and Tier 2 capital included in confusion about how this change investments in any of its subsidiaries in calculating a bank’s risk-based capital, applies to savings association calculating capital and surplus. plus the balance of its allowances for calculation of ‘‘unimpaired capital and However, this approach would not loan and lease losses (ALLL) not unimpaired surplus.’’ OTS also wants allow savings associations to realize the included in its Tier 2 capital. Thus, savings associations to have their benefit of being able to use the same national banks no longer need to regulatory calculation burden reduced basic components used for capital perform totally different calculations for as much as possible. Because of the adequacy purposes in calculating calculating lending limits and capital structure of the OTS capital regulation, lending limits. Unlike national banks, adequacy, but can use the same Report however, an extra step is required to they would continue to have to of Bank Condition (Call Report) line reach the same result as the OCC items to calculate both. revision. 7 12 CFR 567.1(l) (1994). For savings associations, the 8 12 U.S.C. 1864(f) (bank service corporation may engage in any activity other than deposit taking 1 12 U.S.C. 1464(u)(1). components calculated on their Thrift permitted for a bank holding company, 2 Financial Report for capital adequacy 12 U.S.C. 84. notwithstanding section 1864(d), which otherwise 3 12 CFR 563.93(b), (c)(1994). purposes are core and supplementary limits the activities of a bank service corporation in 4 See 60 FR 8526 (February 15, 1995). which a national bank is a shareholder to services 5 Id. at 8527. 6 59 FR 6593, 6595 (February 11, 1994). authorized for a national bank). Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15863 complete a complex worksheet in order possible lending limit disparities V. Regulatory Flexibility Act to determine their lending limit base of savings associations may have as This regulation simplifies lending capital and surplus. compared to national banks. limit calculations for all savings II. Description of Interim Final Rule Additionally, immediate application of associations. Other alternatives might the OTS interim final rule will relieve result in some smaller savings The OTS has therefore determined unnecessary regulatory burdens and that unimpaired capital and unimpaired associations having lower lending provide savings associations with the limits. surplus is best defined as the sum of a increased flexibility that national banks savings association’s core and have been accorded by the OCC’s final VI. Executive Order 12866 supplementary capital included in total rule. It has been determined that this capital under 12 CFR part 567, plus the balance of its general valuation Section 553 of the Administrative document is not a significant regulatory allowances for loan and lease losses or Procedure Act 10 requires separate action. It will benefit savings ALLL not included in its supplementary findings for good cause, first, that notice associations by simplifying their capital under part 567, plus its and comment are impracticable, lending limit calculations. It is not investments in subsidiaries that are not unnecessary, or contrary to the public expected to raise or lower savings association lending limits themselves. included in calculating core capital interest when an agency determines to under part 567. Because the net worth issue a rule without prior notice and List of Subjects in 12 CFR Part 563 certificates currently specifically comment and second, when it Accounting, Advertising, Crime, included in section 563.93(b)(11) are determines to make a rule effective Currency, Flood insurance, Investments, included in supplementary capital, the without a 30-day delay. Section 302 of Reporting and recordkeeping new regulation removes this reference. the Riegle Community Development and requirements, Savings associations, This definition neither raises nor 11 Regulatory Improvement Act of 1994 Securities, Surety bonds. lowers savings associations’ lending requires that a regulation that imposes limits. It will make it substantially Accordingly, the Office of Thrift new requirements take effect on the first Supervision hereby amends part 563, easier for all savings associations to day of the quarter following publication calculate their loan-to-one-borrower chapter V, title 12 of the Code of Federal of the final rule. That section provides, Regulations as set forth below. limitations because all of the however, that an agency may determine components are already reported on the that the rule should take effect earlier SUBCHAPTER DÐREGULATIONS Thrift Financial Report. This definition APPLICABLE TO ALL SAVINGS upon a finding of good cause. eliminates the requirement that a ASSOCIATIONS savings association prepare a separate Under existing section 563.93, savings and complex worksheet to calculate its associations are already bound by the PART 563ÐOPERATIONS lending limits of the new OCC rule. LTOB limit without itself raising or 1. The authority citation for part 563 Allowing 12 CFR 563.93(b)’s outdated lowering savings associations’ lending continues to read as follows: limits. Just as OCC found it appropriate cross-reference to 12 CFR 3.100 to to continue to include the full balance remain in place during notice and Authority: 12 U.S.C. 375b, 1462, 1462a, of the ALLL in its new definition of comment rulemaking and a delayed 1463, 1464, 1467a, 1468, 1817, 1828, 3806; 42 U.S.C. 4106. capital and surplus in order to avoid a effective date could lead to considerable credit-limiting result, so the OTS confusion and result in savings 2. Section 563.93 is amended by: believes it is appropriate to continue to associations performing unnecessary a. Removing the phrase ‘‘See 2 CFR include both the full balance of loss calculations. Additionally, the OTS part 32.’’ from the introductory text of allowances and savings association believes (as does the OCC with respect paragraph (b) and by adding in lieu investments in subsidiaries in to its rule) that this rule relieves burden thereof the phrase ‘‘See 12 CFR Part calculating unimpaired capital and by eliminating inefficient and unduly 32.’’; unimpaired surplus to avoid a credit- costly regulatory requirements and b. revising paragraphs (b)(6) and limiting result. better focusing the lending limit rules (b)(11); The OTS is also removing an obsolete on areas of significant safety and c. removing the phrase ‘‘12 CFR definition of ‘‘qualifying association’’ soundness concern.12 For these reasons, 541.20’’ from paragraph (b)(9) and by and an outdated provision in the the OTS believes there is good cause to adding in lieu thereof the phrase ‘‘12 Appendix to section 563.93 and make this rule effective immediately CFR 541.25’’; correcting cross-references. upon publication. d. removing the phrase ‘‘, but not including 12 CFR 32.7’’ from the III. Need for an Interim Final Rule IV. Comment Solicitation introductory text of paragraph (c); The OTS believes that an immediately e. removing the phrase ‘‘paragraph effective interim final rule is Because OTS application of the OCC’s (b)(11)’’ from paragraph (d)(3)(ii) and by appropriate and necessary because of new limits is statutorily mandated, this adding in lieu thereof the phrase how closely the OTS lending limits interim final rulemaking does not seek ‘‘paragraph (b)(6)’’; regulation is tied to the OCC lending comments on the substance of the OCC’s f. removing the phrase ‘‘(monthly or limits regulation. The OCC’s final rule is revisions that are referenced in the OTS quarterly)’’ from paragraph (f)(1); and effective March 17, 1995, 30 days after LTOB rule. However, interested parties g. in the appendix to § 563.93, by its publication in the Federal Register.9 are invited to submit written comments removing section 563.93–102. The OTS’s interim final rule will on the interim final rule as to the eliminate any potential confusion for amendments adopted here. A 30-day § 563.93 Lending limitations. savings associations that may result comment period is provided. * * * * * from the OCC’s new lending limit (b) * * * requirements; it will also eliminate any 10 5 U.S.C. 553. (6) The term fully phased-in capital 11 12 U.S.C. 4802. standards means the capital standards 9 60 FR 8526 (February 15, 1995). 12 See 60 FR at 8531. that will be in effect at the expiration of 15864 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations all statutory and regulatory phase-in based upon education, experience and/ DEPARTMENT OF TRANSPORTATION requirements set forth in 12 U.S.C. or training. The December 19, 1991 1464(t) and 12 CFR 567.2, 567.5, and publication eliminated all deviations in Federal Aviation Administration 567.9. favor of a standard delegation of 14 CFR Part 39 * * * * * authority. In addition, the rule provided (11) Unimpaired capital and authority by which SBA might, as it [Docket No. 95±ANE±14; Amendment 39± unimpaired surplus means—(i) A deemed appropriate, increase, decrease 9183; AD 95±07±01] savings association’s core capital and or set the level of authority for any supplementary capital included in its individual SBA field official in a Airworthiness Directives; Textron total capital under part 567 of this regional, district or branch office, based Lycoming O±360, LO±360, HO-360, chapter; plus upon education, training or experience, HIO±360, TIO±360, LIO±360, AEIO±360, (ii) The balance of a savings by publication of a notice in the Federal O±540, IO±540, TIO±540, LTIO±540, IVO±540, AEIO±540, TIO±541, and IO± association’s general valuation Register. allowances for loan and lease losses not 720 Series Reciprocating Engines included in supplementary capital The Agency believes that, when AGENCY: under part 567 of this chapter; plus appropriate, delegating increased levels Federal Aviation (iii) The amount of a savings of authority to field personnel yields Administration, DOT. association’s loans to, investments in, increased benefits for program ACTION: Final rule, request for and advances to subsidiaries not participants and SBA. The Agency is comments. included in calculating core capital authorized to guarantee up to 90% of a SUMMARY: under part 567 of this chapter. loan depending upon total loan amount. This document publishes in the Federal Register an amendment It is essential that SBA have qualified * * * * * adopting Airworthiness Directive (AD) loan officers available to process Dated: March 14, 1995. 95–07–01 that was sent previously to all By the Office of Thrift Supervision. expeditiously and accurately the known U.S. owners and operators of Jonathan L. Fiechter, applications submitted. Agency officials Textron Lycoming O–360, LO–360, HO– Acting Director. in the field who are delegated greater 360, HIO–360, TIO–360, LIO–360, [FR Doc. 95–7589 Filed 3–27–95; 8:45 am] levels of authority because of their AEIO–360, O–540, IO–540, TIO–540, BILLING CODE 6720±01±P additional education, training or LTIO–540, IVO–540, AEIO–540, TIO– experience allow SBA to process an 541, and IO–720 series reciprocating increased number of loan applications. engines by individual letters. This AD SMALL BUSINESS ADMINISTRATION The loan applicant and the lender are requires removal prior to further flight both served with quicker and more of suspect unapproved connecting rod 13 CFR Part 101 accurate processing, while SBA is bolts and replacement with serviceable served by quality lending and better connecting rod bolts. This amendment Delegation of Authority relations with participating lenders. is prompted by reports of connecting AGENCY: Small Business Administration This notice delegates authority to a rod bolt failures. The actions specified (SBA). specific SBA official to approve or by this AD are intended to prevent engine failure due to connecting rod ACTION: Notice delegating loan approval decline guaranteed loan applications, as to specific agency field personnel. well as to undertake other loan related bolt failure, which could result in damage to or loss of the aircraft. activities based upon experience. In the SUMMARY: This notice delegates United States Export Assistance Center DATES: Effective April 12, 1995, to all authority to a specific SBA field person (USEAC) in Long Beach, California, the persons except those persons to whom to approve SBA guaranteed export SBA USEAC Director has successfully it was made immediately effective by loans. This authority is based upon the completed training courses offered by priority letter AD 95–07–01, issued on education, training, and experience of March 17, 1995, which contained the the Agency. Such training in such person and is meant to expedite requirements of this amendment. conjunction with his extensive Agency action is processing loan Comments for inclusion in the Rules applications. experience justifies delegating loan Docket must be received on or before approval authority. EFFECTIVE DATE: This notice is effective May 30, 1995. March 28, 1995. No standard delegated authority to ADDRESSES: Submit comments in FOR FURTHER INFORMATION CONTACT: John approve SBA guaranteed loans exists for triplicate to the Federal Aviation R. Cox, Associate Administrator for a USEAC. This notice establishes the Administration (FAA), New England Financial Assistance, 409 Third Street, authority to approve SBA guaranteed Region, Office of the Assistant Chief SW., Washington, DC 20416, Tel. (202) export loans at $750,000 for the SBA Counsel, Attention: Rules Docket No. 205–6490. Director at the USEAC in Long Beach, 95–ANE–14, 12 New England Executive SUPPLEMENTARY INFORMATION: On CA and only for that person. Park, Burlington, MA 01803–5299. December 19, 1991, SBA published in This delegation of authority is specific FOR FURTHER INFORMATION CONTACT: the Federal Register, a final rule to the incumbent and continues only so Richard D. Karanian, Aerospace amending § 101.3–2 of part 101, Title long as he remains in such position. Engineer, Special Certification Office, 13, Code of Federal Regulations, which FAA, Rotorcraft Directorate, 2601 set forth a clarified standard delegation Dated: March 22, 1995. Meacham Blvd., Fort Worth, TX 76137– of authority to conduct program John R. Cox, 4298; telephone (817) 222–5195, fax activities in SBA field offices (56 FR Associate Administrator for Financial (817) 222–5959; or Locke Easton, 65821). Previously, § 101.3–2 had set Assistance. Aerospace Engineer, Engine and forth the standard delegation of [FR Doc. 95–7455 Filed 3–27–95; 8:45 am] Propeller Standards Staff, FAA, Engine authority to SBA field personnel as well BILLING CODE 8025±01±M and Propeller Directorate, 12 New as all deviations from the standard England Executive Park, Burlington, MA Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15865

01803–5299; telephone (617) 238–7113, Textron Lycoming connecting rod bolts, manufactured by Aircraft Technologies, fax (617) 238–7199. Part Number (P/N) 75060, or Superior Inc. SUPPLEMENTARY INFORMATION: On March Air Parts, Inc., connecting rod bolts, P/ Since it was found that immediate 17, 1995, the Federal Aviation N SL75060, or Aircraft Technologies, corrective action was required, notice Administration (FAA) issued priority Inc. P/N AL75060. However, the failed and opportunity for prior public letter airworthiness directive (AD) 95– parts have no markings to identify them. comment thereon were impracticable 07–01, applicable to Textron Lycoming The traceability of these bolts is and contrary to the public interest, and O–360, LO–360, HO–360, HIO–360, extremely difficult, and the FAA has good cause existed to make the AD TIO–360, LIO–360, AEIO–360, O–540, determined that the vast majority of the effective immediately by individual IO–540, TIO–540, LTIO–540, IVO–540, bolts distributed cannot be recovered, letters issued on March 17, 1995, to all AEIO–540, TIO–541, and IO–720 series nor can they be identified by a routine known U.S. owners and operators of reciprocating engines. That priority records search of engines which have Textron Lycoming O–360, LO–360, HO– letter AD was prompted by reports of been overhauled since February 15, 360, HIO–360, TIO–360, LIO–360, connecting rod bolt failures. These 1994. The FAA has concluded that all AEIO–360, O–540, IO–540, TIO–540, connecting rod bolts failed with no engines which may have been LTIO–540, IVO–540, AEIO–540, TIO– particular pattern. The head of the bolt overhauled using these connecting rod 541, and IO–720 series reciprocating sheared off on some, while others failed bolts must be visually inspected for the engines. These conditions still exist, at the threads and some at the shank. installation of unmarked connecting rod and the AD is hereby published in the Federal Register as an amendment to Examination of test specimens indicate bolts. Further, since it is impossible to Section 39.13 of part 39 of the Federal that these connecting rod bolts were analytically determine how long these Aviation Regulations (14 CFR part 39) to fabricated by machining bar stock connecting rod bolts as installed may make it effective to all persons. material, including the head region, remain intact, this AD must be complied thus exposing end-grains in the head-to- with before further flight. Therefore, all Comments Invited connecting rod bolts with no markings shank radius. These connecting rod Although this action is in the form of must be considered suspect unapproved bolts exhibit extremely small fillet radii, a final rule that involves requirements parts. This condition, if not corrected, numerous deep machining grooves, and affecting flight safety and, thus, was not could result in engine failure due to inadequate material selection. preceded by notice and an opportunity connecting rod bolt failure, which could In a letter dated December 15, 1994, for public comment, comments are result in damage to or loss of the Superior Air Parts, Inc., advised the invited on this rule. Interested persons aircraft. FAA that several connecting rod bolts are invited to comment on this rule by had fractured in service on a Cessna Also, during the investigation the submitting such written data, views, or 177RG on December 9, 1994. The pilot FAA determined that only unmarked arguments as they may desire. completed a power-off landing with no 75060 connecting rod bolts shipped Communications should identify the injuries. In a letter dated January 24, from Superior Air Parts, Inc., between Rules Docket number and be submitted 1995, Textron Lycoming advised the February 15, 1994, and December 20, in triplicate to the address specified FAA that their laboratory analysis 1994, are considered suspect under the caption ADDRESSES. All indicated that the failed connecting rod unapproved parts. Approved serviceable communications received on or before bolts appeared to be suspected parts can be readily identified by raised the closing date for comments will be unapproved parts. A Superior Air Parts, letters SPS, S, C, or FC, identifying them considered, and this rule may be Inc., report of their own laboratory as Textron Lycoming parts, or SL75060 amended in light of the comments analysis, dated January 3, 1995, was etched on the head, identifying them as received. Factual information that presented to the FAA in mid-February. PMA parts manufactured by Superior supports the commenter’s ideas and Another connecting rod bolt failure was Air Parts, Inc., or AL75060 forged into suggestions is extremely helpful in identified during maintenance on a the head, identifying them as PMA parts evaluating the effectiveness of the AD Piper PA–60 on February 21, 1995. manufactured by Aircraft Technologies, action and determining whether Superior Air Parts, Inc. advised the FAA Inc. additional rulemaking action would be of the second failure on the following Since the unsafe condition described needed. day. The FAA had already initiated an is likely to exist or develop on other Comments are specifically invited on independent laboratory analysis of a engines of the same type design, the the overall regulatory, economic, sample of suspect unapproved FAA issued priority letter AD 95–07–01 environmental, and energy aspects of connecting rod bolts and received a to prevent engine failure due to the rule that might suggest a need to report on February 23, 1995, which connecting rod bolt failure, which could modify the rule. All comments concluded that the connecting rod bolts result in damage to or loss of the submitted will be available, both before did not meet material or design aircraft. The AD requires removal prior and after the closing date for comments, specifications. That report corroborated to further flight of suspect unapproved in the Rules Docket for examination by Superior Air Parts, Inc.’s and Textron connecting rod bolts and replacement interested persons. A report that Lycoming’s earlier findings. Subsequent with serviceable connecting rod bolts. summarizes each FAA–public contact investigation revealed that of the 3,382 Suspect unapproved connecting rod concerned with the substance of this AD connecting rod bolts in the original bolts may be identified as those bolts will be filed in the Rules Docket. Superior Air Parts, Inc. inventory, 2,473 that are not clearly marked on the head Commenters wishing the FAA to had been shipped. The FAA considered by raised letters SPS, S, C, or FC, acknowledge receipt of their comments all possible actions and concluded that identifying them as Textron Lycoming submitted in response to this notice the only prudent course of action was to parts, or not clearly marked with must submit a self-addressed, stamped issue priority letter AD 95–07–01. SL75060 etched on the head, identifying postcard on which the following These connecting rod bolts were them as PMA parts manufactured by statement is made: ‘‘Comments to shipped from Superior Air Parts, Inc., Superior Air Parts, Inc., or not clearly Docket Number 95–ANE–14.’’ The between February 15, 1994, and forged into the head with AL75060, postcard will be date stamped and December 20, 1994, as replacements for identifying them as PMA parts returned to the commenter. 15866 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

The regulations adopted herein will –A5AD, –B2A, –C1A, –C1C, –C1E, –C1F, modified, altered, or repaired in the area not have substantial direct effects on the –C1G, –C2A, –C2C, –C2D, –C2E, –D2A, subject to the requirements of this AD. For States, on the relationship between the –D2B, –F1A6; IO–360–A1A, –A1B, –A1B6, engines that have been modified, altered, or National Government and the States, or –A1B6D, –A1C, –A1D, –A1D6, –A2A, – A2B, repaired so that the performance of the –A3B6D, –B1A, –B1B, –B1D, –B1E, –B1F, requirements of this AD is affected, the on the distribution of power and –B2F, –B2F6, – B4A, –C1A, –C1B, –C1C6, owner/operator must use the authority responsibilities among the various –C1D6, –C1E6, –C1F, –J1A6D; AIO–360– provided in paragraph (g) to requiest levels of government. Therefore, in A1A, –A1B, –B1B; LO–360–A1G6D; HO– approval from the FAA. This approval may accordance with Executive Order 12612, 360–B1A, –B1B; HIO–360– A1A, –B1A, address either no action, if the current it is determined that this final rule does –C1A, –C1B, –E1AD, –E1BD; LIO–360–C1E6; configuration eliminates the unsafe not have sufficient federalism TIO–360– A1B; AEIO–360–A1E, –B1G6, condition, or different action necessary to implications to warrant the preparation –H1A; O–540–A1A, –A1A5, –A1B5, – A1C5, address the unsafe condition described in of a Federalism Assessment. –A1D, –A1D5, –A2B, –A3D5, –B1A5, –B1B5, this AD. Such a request should include an –B2B5, –B2C5, –B4B5, –E4A5, –E4B5, –E4C5, assessment of the effect of the changed The FAA has determined that this –F1A5, –F1B5, –G1A5, –G2A5, – H1B5D, configuration on the unsafe condition regulation is an emergency regulation –H2B5D, –J1A5D, –J3A5D, –J3C5D, –L3C5D; addressed by this AD. In no case does the that must be issued immediately to IO–540–A1A5, –B1A5, –B1C5, –C1B5, presence of any modification, alteration, or correct an unsafe condition in aircraft, –C4B5, –C4C5, –C4D5D, –D4A5, –E1A5, – repair remove any engine from the and is not a ‘‘significant regulatory E1B5, –G1A5, –G1B5, –G1C5, –G1D5, –G1E5, applicability of this AD. action’’ under Executive Order 12866. It –G1F5, –J4A5, – K1A5, –K1A5D, –K1B5, Compliance: Required as indicated, unless has been determined further that this –K1C5, –K1D5, –K1E5, K1K5, –M1A5, – accomplished previously. action involves an emergency regulation N1A5, –P1A5, –R1A5, –T4C5D –K1F5, To prevent engine failure due to under DOT Regulatory Policies and –K1F5D, –K1G5, –K1G5D, – K1J5D, –K1K5, connecting rod bolt failure, which could –M1QA5, –M1B5D, –N1A5, –P1A5, –R1A5, result in damage to or loss of the aircraft, Procedures (44 FR 11034, February 26, –S1A5, – T4A5D, –T4B5D, –T4CTD, accomplish the following: 1979). If it is determined that this –V4A5D, –W1A5D, –W3A5D, –AA1A5; TIO– (a) Prior to further flight, determine if the emergency regulation otherwise would 540–A1A, –A1B, –A2A, –A2B, –A2C, –C1A, engine has been assembled on or after be significant under DOT Regulatory –E1A, –G1A, –H1A, –J2B, –F2BD, –J2BD, February 15, 1994. This AD does not apply Policies and Procedures, a final –N2BD, –R2AD, –S1AD, –AA1AD, –AB1AD; to engines assembled prior to February 15, regulatory evaluation will be prepared LTIO–540–J2B, –F2BD, –J2BD. –N2BD, 1994. and placed in the Rules Docket. A copy –R2AD; IVO–540–A1A; AEIO– 540–D4B5; (b) For the purpose of this AD, assembled of it, if filed, may be obtained from the TIO–541–A1A, –E1A4, –E1B4, –E1C4; IO– is defined as the construction of an engine 720–A1A, – A1B, –B1B, –B1BD, –C1B, and Rules Docket at the location provided from its component parts for any purpose, –D1B. such as, but not limited, overhaul and under the caption ADDRESSES. These engines are installed on but not inspection. List of Subjects in 14 CFR Part 39 limited to the following aircraft: Beech series (c) For engines assembled on or after 95, 23, 76, 60; Piper series PA–24, PA–44, February 15, 1994, prior to further flight, Air transportation, Aircraft, Aviation PA– 28, PA–34, PA–23, PA–25, PA–32, PA– determine if any connecting rod bolts were safety, Incorporation by reference, 60, PA–31; Aero Commander (Intermountain, replaced during assembly. This AD applies Safety. Callair, Aeronautical Agricola Mexicana, only to engines that had connecting rod bolts Twin Commander Aircraft Corp.) series A–6, replaced on or after February 15, 1994. Adoption of the Amendment A–9, 100, 500; Lake Aircraft Corporation (d) For engines that contain replacement Accordingly, pursuant to the (Consolidated Aero., Inc., REVO) series C–2, connecting rod bolts installed on or after authority delegated to me by the LA–4; Mooney Aircraft Corp. series M–20, February 15, 1994, prior to further flight, M–22; Sud Aviation GY–180; Partenavia determine if any of those replacement Administrator, the Federal Aviation series P–68; Siai-Marchetti (Agusta S.p.A) Administration amends part 39 of the connecting rod bolts were purchased directly series S.205, S.210, F.260, S.208; Procaer from Textron Lycoming or Aircraft Federal Aviation Regulations (14 CFR series F 15; SOCATA series TB10, MS–893, Technologies, Inc. This AD does not apply to part 39) as follows: 235, TB20, TB21; Cessna series 172, 177, engines with replacement connecting rod 177RG, 182, TR182, 182RG; Teal Aircraft bolts purchased directly from Textron PART 39ÐAIRWORTHINESS Corporation (Bohica) TWC–1; Avions Mudry Lycoming or Aircraft Technologies, Inc. In DIRECTIVES et Cie CAP 10; Augustair (Montanair, Inc.) addition, this AD does not apply to engines 2150; Grumman American (American 1. The authority citation for part 39 that were manufactured or remanufactured at General Aircraft Holding Co., Inc.) AA–5 Textron Lycoming. continues to read as follows: series; Fuji Heavy Industries, Ltd. FA–200 (e) For engines that contain replacement Authority: 49 U.S.C. App. 1354(a), 1421 series; Bellanca (American Champion connecting rod bolts installed on or after and 1423; 49 U.S.C. 106(g); and 14 CFR Aircraft Corp.) Aircraft 8GCBC, 8KCAB; February 15, 1994, that were not purchased 11.89. Maule Aerospace Technology Corp. series directly from Textron Lycoming or Aircraft MX–7, M5, M–6; Christen A–1, (Pitts) S1T; Technologies, Inc., prior to further flight, § 39.13 [Amended] Schweizer Aircraft Corp.(Hughes, McDonnell visually inspect to determine if the 2. Section 39.13 is amended by Douglas) 269A series; Rockwell (Commander connecting rod bolts are clearly identified by adding the following new airworthiness Aircraft Company) series112, 114; Moravan raised letters SPS, S, C, or FC, identifying ZLIN Z 242L; Slingsby Aviation Limited directive: them as Textron Lycoming parts, or SL75060 T67M; Enstrom F–28 series; Found Brothers etched on the head, identifying them as PMA 95–07–01 Textron Lycoming: Amendment Aviation Ltd. FBA–2C, FBA Centennial parts manufactured by Superior Air Parts, 39–XXXX. Docket 95–ANE–14. ‘‘100’’; Dornier Luftfahrt GmbH DO–28 series; Inc., or AL75060 forged into the head, Applicability: The following Textron Spinks Industries, M.H. Spinks, Sr. Rawdon identifying them as PMA parts manufactured Lycoming reciprocating engine models, T–1; Pilatus Britten-Norman BN–2 series; by Aircraft Technologies, Inc. If the assembled on or after February 15, 1994, and Omega Aircraft Corporation BS–12D1; connecting rod bolts can be positively that contain connecting rod bolts shipped Robinson R–44 series; Aerostar Aircraft Corp. identified as provided in this paragraph, no directly or indirectly from Superior Air Parts, (Piper, Ted Smith); Brantly Helicopters further action is required. Inc., on or after February 15, 1994: Industries U.S.A. Co., Ltd.305; Pacific (f) If the connecting rod bolts can not be O–360–A1A, –A1AD, –A1C, –A1D, –A1F6, Aerospace Corp., Ltd. FU–24–954 series. positively identified in accordance with –A1F6D, –A1G6, – A1G6D, –A1LD, –A2A, Note: This AD applies to each engine paragraph (e) of this AD, prior to further –A2D, –A2E, –A2F, –A2G, –A3A, –A3AD, – identified in the preceding applicability flight remove unapproved connecting rod A4A, –A4G, –A4J, –A4K, –A4M, –A4N, provision, regardless of whether it has been bolts and replace with serviceable parts. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15867

NOTE: Further information may be found in Federal Aviation Regulations (14 CFR § 71.1 [Amended] Superior Air Parts Service Bulletin No. 95– part 71) by establishing Class D airspace 2. The incorporation by reference in 002, dated March 3, 1995, or by contacting at Cocoa Beach, FL (60 FR 4131). This 14 CFR 71.1 of Federal Aviation Superior Air Parts, Inc., 14280 Gillis Rd., action would provide adequate Class D Administration Order 7400.9B, Airspace Dallas, TX 75244–3792; telephone (800) 487– 4884. airspace for IFR operations at the Cape Designations and Reporting Points, (g) An alternative method of compliance Canaveral Skid Strip. dated July 18, 1994, and effective that provides an acceptable level of safety Interested parties were invited to September 16, 1994, is amended as may be used if approved by the Manager, participate in this rulemaking follows: Special Certification Office. The request proceeding by submitting written Paragraph 5000 Class D Airspace should be forwarded through an appropriate comments on the proposal to the FAA. FAA Maintenance Inspector, who may add No comments objecting to the proposal * * * * * comments and then send it to the Manager, were received. Class D airspace ASO FL D Cocoa Beach, FL [New] Special Certification Office. designations are published in Paragraph Cape Canaveral Skid Strip, FL Note: Information concerning the existence 5000 of FAA Order 7400.9B dated July ° ′ ′′ ° ′ ′′ of approved alternative methods of (Lat. 28 28 03 N, long. 80 33 59 W) 8, 1994, and effective September 16, That airspace extending upward from the compliance with this airworthiness directive, surface to and including 2500 feet MSL if any, may be obtained from the Special 1994. The Class D airspace designation within a 4.4-mile radius of the Cape Certification Office. listed in this document will be published subsequently in the Order. Canaveral Skid Strip. This airspace lies (h) Special flight permits shall not be within the confines of R–2932 and is issued. The Rule effective on a random basis. The effective (i) This amendment becomes effective days and times are continuously available April 12, 1995, to all persons except those This amendment to part 71 of the from Patrick Approach Control. Federal Aviation Regulations (14 CFR persons to whom it was made immediately * * * * * effective by priority letter AD 95–07–01, part 71) establishes Class D airspace at Issued in College Park, Georgia, on March issued March 17, 1995, which contained the Cocoa Beach, FL. The United States Air 14, 1995. requirements of this amendment. Force operates a part-time control tower Michael J. Powderly, Issued in Burlington, Massachusetts, on at the Cape Canaveral Skid Strip. Class March 23, 1995. Acting Manager, Air Traffic Division, D airspace is required when the control Southern Region. James C. Jones, tower is open to accommodate the [FR Doc. 95–7623 Filed 3–27–95; 8:45 am] Acting Manager, Engine and Propeller TACAN–A IAP and for IFR operations at BILLING CODE 4910±13±M Directorate, Aircraft Certification Service. the airport. [FR Doc. 95–7683 Filed 3–24–95; 3:14 pm] The FAA has determined that this BILLING CODE 4910±13±U regulation only involves an established 14 CFR Part 71 body of technical regulations for which frequent and routine amendments are [Airspace Docket No. 94±ANM±47] 14 CFR Part 71 necessary to keep them operationally Establishment of Class E Airspace; current. It, therefore, (1) is not a [Airspace Docket No. 95±ASO±1] Arco, Idaho ‘‘significant regulatory action’’ under Establishment of Class D Airspace; Executive Order 12866; (2) is not a AGENCY: Federal Aviation Cocoa, Beach, FL ‘‘significant rule’’ under DOT Administration (FAA), DOT. Regulatory Policies and Procedures (44 ACTION: Final rule. AGENCY: Federal Aviation FR 11034; February 26, 1979); and (3) Administration (FAA), DOT. does not warrant preparation of a SUMMARY: This action establishes the ACTION: Final rule. regulatory evaluation as the anticipated Arco, Idaho, Class E airspace. This impact is so minimal. Since this is a action is necessary to accommodate a SUMMARY: This amendment establishes routine matter that will only affect air new instrument approach procedure at Class D airspace at Cocoa Beach, FL. traffic procedures and air navigation, it Arco-Butte County Airport, Arco, Idaho. The United States Air Force operates a is certified that this rule will not have EFFECTIVE DATE: 0901 UTC, May 25, part-time control tower at the Cape a significant economic impact on a 1995. Canaveral Skid Strip. Class D airspace is substantial number of small entities FOR FURTHER INFORMATION CONTACT: required when the control tower is open under the criteria of the Regulatory James Riley, System Management to accommodate the TACAN–A Flexibility Act. Branch, ANM–530, Federal Aviation Instrument Approach Procedure (IAP) Administration, Docket No. 94–ANM– and for instrument flight rules (IFR) List of Subjects in 14 CFR part 71 47, 1601 Lind Avenue SW., Renton, operations at the airport. Airspace, Incorporation by reference, Washington, 98055–4056; telephone EFFECTIVE DATE: 0901 UTC, May 25, Navigation (air). number: (206) 227–2537. 1995. Adoption of the Amendment SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Michael J. Powderly, System In consideration of the foregoing, the History Management Branch, Air Traffic Federal Aviation Administration On January 18, 1995, the FAA Division, Federal Aviation amends 14 CFR part 71 as follows: proposed to amend part 71 of Federal Administration, P.O. Box 20636, PART 71Ð[AMENDED] Aviation Regulations (14 CFR part 71) to Atlanta, Georgia 30320; telephone (404) establish the Arco, Idaho, Class E 305–5570. 1. The authority citation for 14 CFR airspace area (60 FR 3595). This action SUPPLEMENTARY INFORMATION: part 71 continues to read as follows: is necessary to accommodate a new instrument approach procedure at Arco- History Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; EO 10854, 24 FR 9565, 3 CFR, 1959– Butte County Airport, Arco, Idaho. The On January 20, 1995 the FAA 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR area will be depicted on aeronautical proposed to amend part 71 of the 11.69. charts for pilot reference. 15868 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

Interested parties were invited to dated July 18, 1994, and effective utilities, licensees and others. The participate in the rulemaking September 16, 1994, is amended as Commission will continue to require proceeding by submitting written follows: electronic filing for the 1994 reporting comments on the proposal. No Paragraph 6005 Class E Airspace Areas year, but will extend the deadline for comments were received. This action is Extending Upward From 700 Feet or More filing FERC Form No. 1 by one month the same as the proposal except for a Above the Surface of the Earth to May 31, 1995. typographical error discovered and * * * * * EFFECTIVE DATE: This order is effective offered herein in the airspace on March 23, 1995. ANM ID E5 Arco, ID [New] description with regard to V–365. The FOR FURTHER INFORMATION CONTACT: coordinates for this airspace docket are Arco, Arco-Butte County Airport, ID ° ′ ′′ ° ′ ′′ Richard Mattingly, Office of General based on North American Datum 83. (Lat. 43 36 19 N, long. 113 19 54 W) Counsel, Federal Energy Regulatory Class E airspace areas extending upward Arco-Butte County NDB (Lat. 43°35′57′′ N, long. 113°20′32′′ W) Commission, 825 North Capitol St., from 700 feet or more above the surface N.E., Washington, D.C. 20426, (202) of the earth are published in Paragraph Pocatello VORTAC (Lat. 42°52′13′′ N, long. 112°39′08′′ W) 208–2070. 6005 of FAA Order 7400.9B dated July Burley VOR/DME SUPPLEMENTARY INFORMATION: In 18, 1994, and effective September 16, (Lat. 42°34′49′′ N, long. 113°51′57′′ W) addition to publishing the full text of 1994, which is incorporated by That airspace extending upward from 700 this document in the Federal Register, reference in 14 CFR 71.1. The Class E feet above the surface within a 6.6-mile the Commission also provides all airspace designation listed in this radius of the Arco-Butte County Airport, and interested persons an opportunity to ° document will be published within 2.5 miles each side of the 166 bearing inspect or copy the contents of this subsequently in the Order. from the Arco-Butte County NDB extending document during normal business hours from the 6.6-mile radius to 7 miles southeast The Rule of the NDB; that airspace extending upward in Room 3104, at 941 North Capitol Street, N.E., Washington, D.C. 20426. This amendment to part 71 of Federal from 1,200 feet above the surface bounded by a line beginning at 68.5 NM northwest of the The Commission Issuance Posting Aviation Regulations amends Class E System (CIPS), an electronic bulletin airspace at Arco, Idaho. The FAA has PIH VORTAC on V–269, thence southeast along V–269 to 53 NM northwest of the PIH board service, provides access to the determined that this regulation only VORTAC on V–269, thence to 29 NM south texts of formal documents issued by the involves an established body of of the DBS VORTAC on V–257, thence south Commission. CIPS is available at no technical regulations for which frequent along V–257 to V–365, thence southwest charge to the user and may be accessed and routine amendments are necessary along V–365 to the BYI VOR/DME, thence using a personal computer with a to keep them operationally current. It, northwest along V–231 to 29 NM northwest modem by dialing (202) 208–1397. To therefore, (1) is not a ‘‘significant of the BYI VOR/DME on V–231, to the point of beginning. access CIPS, set your communications regulatory action’’ under Executive software to 19200, 14400, 12000, 9600, Order 12866; (2) is not a ‘‘significant * * * * * 7200, 4800, 2400, 1200 or 300 bps, full rule’’ under DOT Regulatory Policies Issued in Seattle, Washington, on March 10, 1995. duplex, no parity, 8 data bits and 1 stop and Procedures (44 FR 11034; February bit. The full text of this document will Richard E. Prang, 26, 1979); and (3) does not warrant be available on CIPS for 60 days from preparation of a regulatory evaluation as Acting Manager, Air Traffic Division, the date of issuance is ASCII and Northwest Mountain Region. the anticipated impact is so minimal. WordPerfect 5.1 format. After 60 days Since this is a routine matter that will [FR Doc. 95–7622 Filed 3–27–95; 8:45 am] the document will be archived, but still only affect air traffic procedures and air BILLING CODE 4910±13±M accessible. The complete text on navigation, it is certified that this rule diskette in WordPerfect format may also will not have a significant economic be purchased from the Commission’s impact on a substantial number of small DEPARTMENT OF ENERGY copy contractor, La Dorn Systems entities under the criteria of the Corporation, also located in Room 3104, Federal Energy Regulatory Regulatory Flexibility Act. 941 North Capitol Street, N.E., Commission List of Subjects in 14 CFR Part 71 Washington, D.C. 20426. On February 3 and 6, 1995, Union Airspace, Incorporation by reference, 18 CFR Parts 141, 375 and 385 Electric Company (Union Electric) and Navigation (air). [Docket No. RM93±20±001; Order No. 574± Edison Electric Institute (EEI), Adoption of the Amendment A] respectively, filed requests for reconsideration of the Commission’s In consideration of the foregoing, the Electronic Filing of FERC Form No. 1 Order No. 574, issued in this proceeding FAA amends 14 CFR part 71 as follows: and Delegation to Chief Accountant; on December 29, 1994. Electronic Filing Order Denying Reconsideration and of FERC Form No. 1 and Delegation to PART 71Ð[AMENDED] Extending Deadline for Filing Chief Accountant, Order No. 574, 60 FR 1. The authority citation for 14 CFR Issued March 23, 1995. 1716 (Jan. 6, 1995), III FERC Stats. & part 71 continues to read as follows: AGENCY: Federal Energy Regulatory Regs. ¶31,013 (1995). In Order No. 574, the Commission amended its Authority: 49 U.S.C. app. 1348(a), 1354(a), Commission, DOE. 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ACTION: Final rule; Order Denying regulations to require the electronic 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Reconsideration and Extending filing of FERC Form No. 1, Annual 11.69. Deadline for Filing. Report of Major electric utilities, licensees and others, beginning with the § 71.1 [Amended] SUMMARY: The Federal Energy 1994 reporting year, due on or before 2. The incorporation by reference in Regulatory Commission is denying April 30, 1995. 14 CFR 71.1 of the Federal Aviation reconsideration of Order No. 574, EEI argues that requiring electronic Administration Order 7400.9B, Airspace requiring electronic filing of FERC Form filing for the 1994 reporting year Designations and Reporting Points, No. 1, Annual Report of Major electric imposes excessive and unnecessary Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15869 burdens on reporting companies. EEI believes these costs will be one-time to schedule pages with the ‘’floating states that additional time is needed to costs and are outweighed by the subtotal/total’’ feature. Thirteen of the correct some remaining problems with potential benefits. 72 Form No. 1 schedule pages have the the No. 1 software program, and that Additionally, with regard to EEI’s ‘‘floating subtotal/total’’ feature. For additional time is also needed for the assertion that the software program fails schedule pages with the ‘‘floating respondents to familiarize themselves to incorporate all features anticipated in subtotal/total’’ feature, it is true that with the requirements of the software. the December 30, 1993 notice, the once the feature is used, changes to the EEI describes various aspects of the Commission has attempted, insofar as schedule pages cannot be made except software program which it believes practicable, to incorporate the features by deleting all data entered up to point require improvement and notes that the listed in the December 30, 1993 notice. of the error. This limitation has been software fails to incorporate certain For the most part, in fact, the listed explained in the users’ manual and features anticipated by the Commission features have been incorporated into the emphasized in the ‘‘helpful hints’’ in its notice issued in this proceeding 1994 version of the software program. information that was distributed with on December 30, 1993. Electronic Filing That certain features that were the software. of FERC Form No. 1 and Delegation to anticipated in the December 30, 1993 The parties contend text fields have Chief Accountant, Intent to Act and notice have not been included in the very limited word processing features Response to Comments, 59 FR 1687 1994 version of the software program and lack a spell-check feature. This is (Jan. 12, 1994). EEI argues that in light does not mean that the Commission will true. However, the ‘‘text editor’’ feature of the software problems, the not consider including these features in was not developed as a substitute for a Commission should make electronic future versions of the software. Rather, word processor. Since the text will be filing of Form No. 1 voluntary for the it is the Commission’s intention to loaded into a database field, very 1994 reporting year, with mandatory continue to modify and enhance the limited word processing capabilities reporting to commence for the 1995 software by incorporating in future have been provided. As an alternative, reporting year after further refinement of versions additional features as well as a user may use a software import feature the software. Alternatively, EEI requests improvements to existing features as that allows it to create a text file, with an extension of the filing deadline from appropriate. any personal computer word processing April 30, 1995 to July 31, 1995. Union Having responded more generally, we software, and to import the text into a Electric’s comments are largely to the now turn to specific objections. The Form No. 1 schedule. The import same effect as EEI’s comments. parties contend data entry is very feature of the software are explained in cumbersome and time-consuming. They the users’s manual, and helpful hints Commission Response also note users should not have to lose have been provided for the import Having reviewed the software all data and re-key an entire page when feature. program and the field test results, we changes or mistakes are made. In our The parties contend there is a lack of are of the opinion that the software view, the software data entry process is flexibility in producing a computer- achieves the Commission’s goal— no more cumbersome or time- printed Form No. 1 (i.e., page margins namely, the electronic reporting of Form consuming than any other data entry and character print size cannot be No. 1.1 The parties have not shown that software. Data have to be manually changed and binding of paper copies electronic reporting of Form No. 1 at entered into each data field or imported may result in text or numbers being this time would be either unduly using one of several available import lost). This is true; it results from the burdensome or unreasonable. The features. Also, the software includes software design. We are unable, Commission therefore finds that the several features that make the process of however, to anticipate each requests to make the filing voluntary for data entry less cumbersome and time- respondent’s desired printing the 1994 reporting year do not warrant consuming: preferences. In addition, we anticipate such an across-the-board delay in • The data entry screens are virtually that, due to the time involved in implementing the electronic reporting identical to the Form No. 1 schedules printing a complete Form No. 1 from the requirement. and therefore provide a familiar software, respondents will produce a The Commission believes that the environment in which to enter data; ‘‘master’’ and, consistent with current benefits of electronic filing are • There is a ‘‘hot-key’’ that provides practice, print from that ‘‘master’’ using substantial and include (1) timely immediate on screen access to the efficient reproduction procedures. In the analysis and publication of data, (2) instructions for completing a particular reproduction process, respondents have increased data analysis capability, (3) Form No. 1 schedule page; the capability to collate, shift, reduce, reduced cost of data entry and retrieval, • The bottom of the data-entry etc. the ‘‘master’’ to accommodate their (4) simplification of form design, and (5) screens provide key stroke information binding preferences. overall reduction in filing burden. In the for operating the software; The parties contend footnote text is Commission’s judgment these benefits • In order to ensure that data are not quite small, making it difficult to read are such that electronic filing should not lost, as a user exits from any schedule unless a blank line is inserted between be delayed except for reasons of page, there is a prompt to ‘‘save’’ the each line of text. The print of a footnote necessity or demonstrated good cause. data; is quite small as it uses compressed The Commission realizes that there will • Many schedules have automatic print. However, the primary objective of be additional expense and subtotaling and totaling features; and the software is to get the data entered inconvenience required to effect this • The software includes a feature that and a data diskette produced for major change in reporting procedure permits a user to cross-check and submission to the Commission for and format. However, the Commission compare data between schedules (i.e., loading into its Form No. 1 database. We automated edit checking). plan to improve the readability of 1 The Commission provides a user’s manual and In particular, the last two features footnote text in future versions of the additional written information as well as support to relieve users of the burden of manually software. assist respondents. Additionally, the Commission has established an electric bulletin board system to verifying the accuracy of entered data. The parties contend the software is share information on software matters and user As to concerns over lost data when very inefficient. In our view, this is not issues. mistakes are made, this appears to relate a correct assessment of the software. 15870 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

The software was designed to collect software versions. This is not a problem DEPARTMENT OF HEALTH AND Form No. 1 data, perform an edit-check for the 1994 reporting year, however, HUMAN SERVICES of the entered data, print the Form No. since this is the first year the software 1, and produce a data diskette to file is being used and there is no prior year Food and Drug Administration with the Commission. The software data to be accessed. fulfills these design objectives. The parties contend state schedules 21 CFR Part 5 The parties contend the software is identical to Form No. 1 cannot be not compatible with different types of copied with a name change, forcing Delegations of Authority and printers. The software is compatible complete data re-keying. This is a Organization with all Hewlett Packard (HP) Laser Jet correct statement. However, the AGENCY: Food and Drug Administration, printers and those printers which software is designed to not allow HHS. emulate the HP standards. We were not changes to the schedule pages. Some of ACTION: Final rule. able to anticipate all printer and printer the biggest problems with Form No. 1 configurations preferred by respondents. reporting compliance have been where SUMMARY: The Food and Drug However, by using the HP standards, we respondents have changed schedule Administration (FDA) is amending the were able to cover most of the formats and not reported consistent regulations for delegations of authority respondents’ printer requirements. with the Form No. 1 reporting from the Commissioner of Food and The parties contend the software is requirements. In some cases, in fact, Drugs to reflect recent changes to not designed to operate in a local area required data were omitted or the organizational structures within FDA; to network (LAN) environment and, modified formats made the reported update the titles of certain officials; and because it is not LAN-compatible, many data of limited or no use. to reflect changes in the location and companies will have to enter data twice. The parties contend there are no page numbering of certain statutory The software was not specifically up/page down keys, forcing numerous provisions. designed to operate in a LAN key strokes to get to the top or bottom EFFECTIVE DATE: March 28, 1995. environment because some respondents of a page. This is a correct statement. FOR FURTHER INFORMATION CONTACT: do not have LAN capability. Also, for The software was designed for data Edna Morgan, Division of Management those respondents that do have LANs, collection and if data entry is done one Systems and Policy (HFA–340), Food there are a variety of LANs in use. data field at a time, the page up/down and Drug Administration, 5600 Fishers Ultimately, if a LAN version of the keys are extraneous to the function. Lane, Rockville, MD 20857, 301–443– software were developed, it would Finally, the parties contend footnotes 4976. require reprogramming of the software cannot reference multiple lines, only so that it would operate on any LAN. one field of data. This is a correct SUPPLEMENTARY INFORMATION: FDA is This does not mean that the software is statement. The software was amending certain regulations for not LAN compatible; in fact, the intentionally designed so that each delegations of authority in 21 CFR part Commission has successfully loaded the individual data element could be 5 to reflect recent changes to software on the Commission’s LAN and footnoted separately and each footnote organizational structures within FDA. used it without problems. Also, several could be ‘‘linked’’ with the respective This document removes obsolete titles respondents have reported that they data element in the Commission’s Form and adds new titles of certain officials have been successful in operating the No. 1 database. in various regions, districts, etc., as well software on their LANs. Further, a lack Nevertheless, while the Commission as the Center for Veterinary Medicine of LAN compatibility does not mean will continue to require the electronic (CVM) under the new organizational that data must be entered twice by reporting of Form No. 1 for the 1994 structure. The document also reflects respondents. The software can be reporting year, the Commission the changes in the location and loaded on any number of personal recognizes that this will be the first year numbering of certain statutory computers where the data can be for such filings and additional time may provisions. The sections affected are as entered and stored in data files and be necessary to prepare such filings. follows: subsequently transferred to one central Accordingly, the Commission will Section 5.36 Certification following personal computer. extend the deadline for filing Form No. inspections (21 CFR 5.36); § 5.37 The parties contend creation of ASCII 1 for the 1994 reporting year by one Issuance of reports of minor violations files to import data is difficult and month, to on or before May 31, 1995.2 (21 CFR 5.37); and § 5.63 Detention of meat, poultry, eggs, and related tedious. The creation of properly The Commission Orders delimited ASCII files for the importing products (21 CFR 5.63). of data is difficult until a user becomes The requests for reconsideration of In § 5.36, FDA is deleting the Director, familiar with the procedure. The users’ Order No. 574 are hereby denied. St. Louis Branch from those FDA manual addresses this issue and However, the deadline for the officials authorized to issue certificates recognizes that the necessary steps are submission of Form No. 1 (both of sanitation. In § 5.37(a)(4)(iii), FDA is complex. Users should consult with or electronic and paper copies) for the deleting the Deputy Director, Division of seek assistance from their data 1994 reporting year is hereby extended Compliance, Office of Surveillance and processing or computer departments. from on or before April 30, 1995, to on Compliance, Center for Veterinary Additionally, the general import feature or before May 31, 1995. Medicine, from the list of officials was designed as an alternative data By the Commission. authorized to issue certain written entry process (i.e., there is no Lois D. Cashell, notices or warnings. In § 5.37(a)(6) and requirement that it be used). Secretary. (b)(5), FDA is adding the Directors of the The parties contend prior year data [FR Doc. 95–7588 Filed 3–27–95; 8:45 am] Northeast Regional Laboratory, cannot be accessed for beginning Southeast Regional Laboratory, BILLING CODE 6717±01±M balances, requiring re-keying of data Winchester Engineering and Analytical each year. This is a correct statement, 2 The one-month extension in the Form No. 1 Center, and National Forensic and this is one of the software changes filing deadline applies both to the electronic filing Chemistry Center to authorize these that we are considering for future requirement and the paper copy filing requirement. officials to issue certain written notices Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15871 or warnings. Finally, in § 5.63, FDA is revising paragraph (a)(4)(iii), by adding 21 CFR Part 184 deleting the Director, St. Louis Branch new paragraphs (a)(6)(v) through from those FDA officials authorized to (a)(6)(viii), by revising the introductory [Docket No. 93P±0024] perform and to designate other officials text of paragraph (b), and by revising the to perform all of the functions of the introductory text of paragraph (b)(5) to Diacetyl Tartaric Acid Esters of Mono- Commissioner of Food and Drugs read as follows: and Diglycerides; Revision of Common relating to detention of meat, poultry, or Usual Name eggs, and related products. § 5.37 Issuance of reports of minor violations. In § 5.37(a), FDA is changing the AGENCY: Food and Drug Administration, reference to ‘‘section 306’’ of the Federal (a) The following officials are HHS. Food, Drug, and Cosmetic Act to read, authorized to perform all the functions ACTION: Final rule. ‘‘section 309’’ to reflect renumbering of the Commissioner of Food and Drugs accomplished by Pub. L. 102–282. In under section 309 of the Federal Food, SUMMARY: The Food and Drug § 5.37(b), FDA is changing the reference Drug, and Cosmetic Act regarding the Administration (FDA) is revising its to ‘‘section 360C(d) of the Public Health issuance of written notices or warnings: regulations to recognize the acronym Service Act’’ to read ‘‘section 539(d) of * * * * * ‘‘DATEM’’ as the alternate common or the Federal Food, Drug, and Cosmetic (4) * * * usual name of the ingredient diacetyl Act’’ to reflect a redesignation tartaric acid esters of mono- and (iii) The Director, Division of accomplished by Pub. L. 101–629. diglycerides. This action responds to a Compliance, Office of Surveillance and Further redelegation of the authority citizen petition submitted by Grindsted Compliance, CVM. delegated is not authorized at this time. Products Co. requesting approval of the Authority delegated to a position by title * * * * * alternate name. may be exercised by a person officially (6) * * * EFFECTIVE DATE: April 27, 1995. designated to serve in such position in (v) The Director, Northeast Regional FOR FURTHER INFORMATION CONTACT: an acting capacity or on a temporary Laboratory, Northeast Region. Gerad L. McCowin, Office of Food basis. (vi) The Director, Southeast Regional Labeling (HFS–151), Food and Drug List of Subjects in 21 CFR Part 5 Laboratory, Southeast Region. Administration, 200 C St. SW., Authority delegations (Government (vii) The Director, Winchester Washington, DC 20204, 202–205–4561. agencies), Imports, Organization and Engineering and Analytical Center. SUPPLEMENTARY INFORMATION: (viii) The Director, National Forensic functions (Government agencies). I. Background Therefore, under the Federal Food, Chemistry Center. Drug, and Cosmetic Act and under (b) The following officials are In the Federal Register of December 1, authority delegated to the Commissioner authorized to perform all the functions 1994 (59 FR 61560), FDA published a of Food and Drugs, 21 CFR part 5 is of the Commissioner of Food and Drugs proposal to revise § 184.1101(a) and (e) amended as follows: under section 539(d) of the Federal (21 CFR 184.1101(a) and (e)) on diacetyl Food, Drug, and Cosmetic Act regarding tartaric acid esters of mono- and PART 5ÐDELEGATIONS OF the issuance of written notices or diglycerides to provide for the use of the AUTHORITY AND ORGANIZATION warnings: acronym ‘‘DATEM’’ in food labeling as 1. The authority citation for 21 CFR * * * * * the alternate common or usual name of part 5 continues to read as follows: (5) Regional Food and Drug Directors; this ingredient. The proposal was issued in response to a citizen petition Authority: 5 U.S.C. 504, 552, App. 2; 7 District Directors; the Director, St. Louis Branch; the Director, Northeast Regional submitted by Grindsted Products Co. No U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282, comments were received by the agency 3701–3711a; secs. 2–12 of the Fair Packaging Laboratory, Northeast Region; the and Labeling Act (15 U.S.C. 1451–1461); 21 Director, Southeast Regional Laboratory, in response to the proposal. U.S.C. 41–50, 61–63, 141–149, 467f, 679(b), Southeast Region; the Director, II. Conclusion 801–886, 1031–1309; secs. 201–903 of the Winchester Engineering and Analytical The agency received no comments on Federal Food, Drug, and Cosmetic Act (21 Center; and the Director, National U.S.C. 321–394); 35 U.S.C. 156; secs. 301, the proposed rule. Thus, the agency Forensic Chemistry Center, when such 302, 303, 307, 310, 311, 351, 352, 354, 361, concludes that, for the reasons set forth functions relate to: 362, 1701–1706; 2101, 2125, 2127, 2128 of in its proposal, it is appropriate to revise the Public Health Service Act (42 U.S.C. 241, * * * * * § 184.1101 (e) governing generally 242, 242a, 242l, 242n, 243, 262, 263, 263b, 264, 265, 300u–300u–5, 300aa–1, 300aa–25, 4. Section 5.63 is amended by revising recognized as safe (GRAS) food 300aa–27, 300aa–28); 42 U.S.C. 1395y, the introductory text to read as follows: substances to provide for the use of the 3246b, 4332, 4831(a), 10007–10008; E.O. acronym ‘‘DATEM’’ as the alternate 11490, 11921, and 12591; secs. 312, 313, 314 § 5.63 Detention of meat, poultry, eggs, common or usual name of the ingredient of the National Childhood Vaccine Injury Act and related products. diacetyl tartaric acid esters of mono- of 1986, Pub. L. 99–660 (42 U.S.C. 300aa–1 The Regional Food and Drug Directors and diglycerides on food labeling. The note). and District Directors are authorized to agency concludes that there has been 2. Section 5.36 is revised to read as perform and to designate other officials sufficient exposure to the term follows: to perform all of the functions of the ‘‘DATEM’’ to allow the American consumer to recognize and understand § 5.36 Certification following inspections. Commissioner of Food and Drugs under: * * * * * the meaning of this term. The term Regional Food and Drug Directors and ‘‘DATEM’’ is acceptable and favorable to District Directors are authorized to issue Dated: March 17, 1995. both industry and the consumer and, certificates of sanitation under § 1240.20 William B. Schultz, therefore, should be allowed to be used of this chapter. Deputy Commissioner for Policy. interchangeably with the term ‘‘diacetyl 3. Section 5.37 is amended by revising [FR Doc. 95–7574 Filed 3–27–95; 8:45 am] tartaric acid esters of mono- and the introductory text of paragraph (a), by BILLING CODE 4160±01±F diglycerides.’’ 15872 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

III. Environmental Impact § 184.1101 Diacetyl tartaric acid esters of Dated: March 17, 1995. mono- and diglycerides. William B. Schultz, The agency has determined under 21 * * * * * Deputy Commissioner for Policy. CFR 25.24(a)(9) and (a)(11) that this (a) Diacetyl tartaric acid esters of [FR Doc. 95–7512 Filed 3–27–95; 8:45 am] action is of a type that does not mono- and diglycerides, also know as BILLING CODE 4160±01±F individually or cumulatively have a DATEM, are composed of mixed esters significant effect on the human of glycerin in which one or more of the environment. FDA did not receive any hydroxyl groups of glycerin has been DEPARTMENT OF STATE comments on this issue and, thus, is esterified by diacetyl tartaric acid and aware of no reason to alter this by fatty acids. The ingredient is Bureau of Consular Affairs determination. prepared by the reaction of diacetyl IV. Analysis of Impacts tartaric anhydride with mono- and 22 CFR Part 41 diglycerides that are derived from edible [Public Notice 2177] FDA has examined the impacts of the sources. final rule under Executive Order 12866 * * * * * VISAS: Passports and Visas Not and the Regulatory Flexibility Act (Pub. (e) Labeling: The acronym ‘‘DATEM’’ Required for Certain Nonimmigrants L. 96–354). Executive Order 12866 may be used on food labeling as the directs agencies to assess all costs and alternate common or usual name for the AGENCY: Bureau of Consular Affairs, benefits of available regulatory ingredient diacetyl tartaric acid esters of Department of State. alternatives and, when regulation is mono- and diglycerides. ACTION: Interim rule with request for necessary, to select regulatory comments. approaches that maximize net benefits Dated: March 17, 1995. (including potential economic, Fred R. Shank, SUMMARY: This interim rule extends the environmental, public health and safety, Director, Center for Food Safety and Applied Visa Waiver Pilot Program to September and other advantages; distributive Nutrition. 30, 1996 and creates a new probationary impacts; and equity). The agency [FR Doc. 95–7616 Filed 3–27–95; 8:45 am] status for certain countries which meet believes that this final rule is consistent BILLING CODE 4160±01±F the requirements for that status under with the regulatory philosophy and the Visa Waiver Pilot Program and principles identified in the Executive which are designated by the Secretary of Order. In addition, the final rule is not 21 CFR Part 886 State and the Attorney General, acting a significant regulatory action as defined [Docket No. 94M±0260] jointly, as countries whose nationals by the Executive Order and so is not benefit from the waiver of the subject to review under the Executive Medical Devices; Exemptions From nonimmigrant B–1/B–2 visa Order. Premarket Notification for Certain requirement. The extension of time for Classified Devices; Correction the Visa Waiver Pilot Program applies to The Regulatory Flexibility Act those countries already in the program requires agencies to analyze regulatory AGENCY: Food and Drug Administration, as well as to any countries which may options that would minimize any HHS. be designated thereunder in the future. significant impact of a rule on small ACTION: Final rule; correction. A statistical analysis was made to entities. Because FDA did not receive determine which countries could any comments or new information on SUMMARY: The Food and Drug become visa waiver pilot countries with this issue, the agency certifies that the Administration (FDA) is correcting a probationary status. As a result of that final rule will not have a significant final rule that appeared in the Federal initial analysis it has been determined economic impact on a substantial Register of December 7, 1994 (59 FR that Ireland, currently, is the only number of small entities. Therefore, 63005). The document exempted 148 county which meets the criteria set forth under the Regulatory Flexibility Act, no generic types of class I devices from the for such countries. further analysis is required. requirement of premarket notification, DATES: This interim rule is effective on with limitations. The document was List of Subjects in 21 CFR Part 184 April 1, 1995. Written comments are published with an error in the codified invited and must be received on or section. This document corrects that Food ingredients. before May 30, 1995. Therefore, under the Federal Food, error. EFFECTIVE DATE: January 6, 1995. ADDRESSES: Written comments may be Drug, and Cosmetic Act and under submitted, in duplicate, to the Chief, FOR FURTHER INFORMATION CONTACT: authority delegated to the Commissioner Legislation and Regulations Division, Joseph M. Sheehan, Center for Devices of Food and Drugs, 21 CFR part 184 is Visa Services, Department of State, and Radiological Health (HFZ–84), Food amended as follows: Washington, DC 20522–0113. and Drug Administration, 2094 Gaither PART 184ÐDIRECT FOOD Rd., Rockville, MD 20850, 301–594– FOR FURTHER INFORMATION CONTACT: SUBSTANCES AFFIRMED AS 4765, ext. 157. Stephen K. Fischel, Chief, Legislation GENERALLY RECOGNIZED AS SAFE In FR Doc. 94–30025, appearing on and Regulations Division, Visa Office, page 63005 in the Federal Register of Department of State, Washington, DC 1. The authority citation for 21 CFR Wednesday, December 7, 1994, the 20522–0113 (202) 663–1204. part 184 continues to read as follows: following correction is made: SUPPLEMENTARY INFORMATION: This interim rule amends part 41, title 22 of Authority: Secs. 201, 402, 409, 701 of the § 886.4350 [Corrected] Federal Food, Drug, and Cosmetic Act (21 the Code of Federal Regulations U.S.C. 321, 342, 348, 371). On page 63013, in the third column, concerning visas for nonimmigrants in § 886.4350, paragraph (b) is corrected pursuant to section 217 of the 2. Section 184.1101 is amended by by removing the words ‘‘only when the Immigration and Nationality Act (INA), revising paragraphs (a) and (e) to read as device meets the ANSI standard on 8 U.S.C. 1187, as amended by Pub. L. follows: optic radiation limits.’’ 103–415, 108 Stat. 4299, approved: 10/ Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15873

25/94 and Pub. L. 103–416, 108 Stat. Waiver Pilot Program set forth in section the visa waiver program. Ireland also 4305, approved: 10/25/94. Pub. L. 103– 313 of IRCA (Sec. 217 INA, 8 U.S.C. meets the other statutory requirements 415 amended section 217 of the INA to 1187). It removed the eight-country cap for probationary status. Therefore, extend the Visa Waiver Pilot Program and and extended the program’s Ireland is added, effective April 1, 1995, (VWPP) through September 30, 1995. provisions to all countries that meet the as a country with probationary status Pub. L. 103–416 amended section 217 of qualifying provisions of the Visa Waiver participating in the Visa Waiver Pilot the INA to extend the Visa Waiver Pilot Pilot Program and are designated by the Program. (See the Immigration and Program to September 30, 1996, and to Secretary of State and the Attorney Naturalization Service rule also create a new probationary status for General as Pilot Program countries published in this issue of the Federal certain countries which meet the thereunder. Section 201 also extended Register.) Therefore, effective on the requirements for that status under the the period of the pilot program until publication date, citizens of Ireland Visa Waiver Pilot Program and which September 30, 1994 for the eight pilot shall be eligible for participation in the are designated by the Secretary of State program countries already designated Visa Waiver Pilot Program. and the Attorney General, acting jointly, under IRCA as well as for any additional Interim Rule as countries whose nationals benefit Pilot Program countries that might be from the waiver of the nonimmigrant B– designated under the law, as amended, The implementation of this rule as an 1/B–2 visa requirement. Section 313 of subject to their continued qualification interim rule, with a 30-day provision for the Immigration Reform and Control Act thereunder. (See also: section 303 of the post-promulgation public comments, is of 1986 (IRCA), Pub. L. 99–603 added Immigration Technical Corrections Act based upon the ‘‘good cause’’ exceptions section 217 to the INA. Section 217, 8 of 1991, Pub. L. 102–232.) established by 5 U.S.C. 553(b)(B) and U.S.C. 1187, established the As a result of these amendments to 553(d)(3). This rule grants or recognizes nonimmigrant Visa Waiver Pilot section 217 of the INA, Andorra, an exemption or relieves a restriction Program (VWPP) which waives the Austria, Belgium, Denmark, Finland, under 5 U.S.C. 553(d)(1) and is nonimmigrant visa requirement for the Iceland, Liechtenstein, Luxembourg, considered beneficial to both the admission of certain aliens into the Monaco, New Zealand, Norway, San travelling public and United States United States for a period not to exceed Marino, and Spain, having met all of the businesses. Therefore, it is being made ninety days. That original provision requirements for participants in the effective less than thirty days after authorized the participation of eight nonimmigrant Visa Waiver Pilot publication in the Federal Register. countries in the VWPP. A final rule Program, were added, effective on October 1, 1991. They were so In accordance with 5 U.S.C. 605(b) containing regulations designed to (Regulatory Flexibility Act), it is implement facilitation of the admission designated as participants in the Visa Waiver Pilot Program by the Secretary of certified that this rule does not have a of certain nonimmigrant alien visitors ‘‘significant adverse economic impact’’ under the VWPP was published at 53 FR State and the Attorney General, acting jointly through their designees, in an on a substantial number of small 24903–24904 of the Federal Register of entities, because it is inapplicable. This June 30, 1988. Its publication was Interim Rule published at 56 FR 46716– 46717 of the Federal Register of rule is exempt from E.O. 12866, but has codified in part 41 of title 22 of the Code been coordinated with the Immigration of Federal Regulations (CFR), 22 CFR September 13, 1991. Brunei was designated as a and Naturalization Service because joint 41.2(1). Under that final rule the United participant in the Visa Waiver Pilot action of the Secretary of State and the Kingdom was the only county Program by the Secretary of State and Attorney General is required under designated to received these benefits for the Attorney General, acting jointly section 217 of the INA, as amended. The its nationals. Japan, having agreed to through their designees, in an interim rule imposes no reporting or record- reciprocal treatment for United States rule published at 58 FR 40581–40586 of keeping action on the public requiring citizens entering Japan under similar the Federal Register of July 29, 1993. the approval of the Office of circumstances, was added as a Each of the above rules amended 22 Management and Budget under the designated country under the Pilot CFR 41.2. This interim rule, with Paperwork Reduction Act. Nor does this Program effective on December 15, 1988 request for comments, further amends rule have federalism implications in a final rule published at 53 FR part 41, title 22 to include Ireland as a warranting the preparation of a 50161–50162 of the Federal Register of Visa Waiver Pilot Program country with Federalism Assessment in accordance December 13, 1988. France, The Federal probationary status since it has met the with E.O. 12612. This rule has been Republic of Germany, Italy, The requirements for that status under INA reviewed as required by E.O. 12778 and Netherlands, Sweden, and Switzerland, 217, as amended. is certified to be in compliance having met all of the requirements for Under its own laws, Ireland does not therewith. participants in the Visa Waiver Pilot now require visas for nationals of the Program, were added later as designated United States entering Ireland for ninety List of Subjects in 22 CFR Part 41 countries participating in the Pilot (90) days or less. Thus it meets the Aliens, Nonimmigrants, Visas, Program (i.e., the six remaining requirement of providing reciprocal Passports, Temporary visitors, Waivers. countries under the Eight Country Pilot treatment for United States nationals Program established by section 313 of entering Ireland. Other requirements are In view of the foregoing, 22 CFR part IRCA). This action was accomplished by that the country meet statutorily 41 is amended as follows: the Secretary of State and the Attorney prescribed limits on visa refusal rates PART 41Ð[AMENDED] General, acting jointly through their for the prior two year period as well as designees, in a final rule published at 54 the prior year; that it meet statutorily 1. The authority citation for part 41 FR 27120–27121 of the Federal Register prescribed limits on rates of exclusion at continues to read: of June 27, 1989. port of entry and on overstay limits, and Authority: 8 U.S.C. 1104, 66 Stat. 174; 8 On November 29, 1990, the President that it has a machine readable passport U.S.C. 1187, 108 Stat. 4312 and 4313. approved the Immigration Act of 1990 program. The statutory limits required (Pub. L. 101–649, 104 Stat 4978) (IA). to be met are higher than those required 2. Section 41.2 is amended by revising Section 201 thereof revised the Visa for non-probationary participation in paragraph (l) to read as follows: 15874 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

§ 41.2 Waiver by Secretary of State and SUMMARY: This document contains per week, may register these newsletters Attorney General of passport and/or visa corrections to final regulations (TD in groups at a reduced fee, on a single requirements for certain categories of 8581), which were published in the application, if they meet certain nonimmigrants. Federal Register for Friday, December requirements. The group registration * * * * * 23, 1994, (59 FR 66165) relating to privilege is contingent upon the (l) Visa Waiver Pilot Program. (1) certain cash or deferred arrangements publisher or claimant meeting the Notwithstanding the provisions of and employee and matching conditions specified in the regulation. paragraphs (a) through (k) of this contributions under employee plans. The final rule implements a portion of section, a visa is not required of any EFFECTIVE DATE: December 23, 1994. section 408(c)(1) of the Copyright Act of person who seeks admission to the FOR FURTHER INFORMATION CONTACT: 1976 relating to the deposit United States for a period of 90 days or requirements for copyright registration. less as a visitor for business or pleasure Catherine Livingston Fernandez (202) 622–4606 (not a toll-free call). EFFECTIVE DATE: This rule will become and who is eligible to apply for effective March 28, 1995. admission to the United States as a Visa SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Waiver Pilot Program applicant, either Background Marilyn J. Kretsinger, Acting General as: Counsel, Copyright GC/I&R, P.O. Box The final regulations that are the (i) A citizen of a pilot program 70400, Southwest Station, Washington, subject of these corrections are under country; or D.C. 20024. Telephone: (202) 707–8380. sections 401(a)(30), 401(k), 401(m), (ii) a citizen of a pilot program Telefax: (202) 707–8366. country with probationary status, 402(a)(8), 402(g), 411(d)(6), 415(c), 416, SUPPLEMENTARY INFORMATION: pursuant to the provisions of section and 4979 of the Internal Revenue Code. Under section 407 of the Copyright Act of 217 of the Act, as amended. Need for Correction (2) Countries designated as pilot 1976, title 17 of the U.S. Code, the program countries under paragraph As published, the final regulations owner of copyright, or of the exclusive (l)(1), (i) of this section, are: the United contain an error which may prove to be right of publication, in a work published Kingdom (effective July 1, 1988): Japan misleading and is in need of in the United States is required to (effective December 15, 1988); France clarification. deposit two copies of the work in the Copyright Office for the use or and Switzerland (effective July 1, 1989); Correction of Publication The Federal Republic of Germany and disposition of the Library of Congress. Sweden (effective July 15, 1989); Italy Accordingly, the publication of the The deposit is to be made within three and The Netherlands (effective July 29, final regulations (TD 8581), which was months after such publication. Failure 1989); Andorra, Austria, Belgium, the subject of FR Doc. 94–31427, is to make the required deposit does not Denmark, Finland, Iceland, corrected as follows: affect the copyright in the work, but may subject the copyright owner to fines Liechtenstein, Luxembourg, Monaco, § 1.401(k)±1 [Corrected] New Zealand, Norway, San Marino, and and other monetary liability if the On page 66169, column 2, in Spain (effective October 1, 1991; and failure is continued after a demand for instructional Par.3, item (2)(iv)(c), the Brunei (effective July 29, 1993). deposit is made by the Register of amendatory language ‘‘c. Revising Countries designated as pilot program Copyrights. Example 4, paragraph (i).’’ is corrected Section 408 of title 17 requires countries with probationary status to read ‘‘c. Revising Example 4, deposit of material in connection with under paragraph (1)(l)(ii) of this section paragraph (i), introductory text.’’. applications for voluntary registration of are: Ireland effective April 1, 1995 until claims to copyright in unpublished and September 30, 1998 or the expiration of Cynthia E. Grigsby, published works. Subsection 408(c)(1) the Visa Waiver Pilot Program, Chief, Regulations Unit, Assistant Chief authorizes the Register of Copyrights to whichever comes first. Counsel (Corporate). [FR Doc. 95–7501 Filed 3–27–95; 8:45 am] establish by regulation the nature of the Dated: March 3, 1995. BILLING CODE 4830±01±P deposit that is required. These Mary A. Ryan, regulations may require or permit ‘‘a Assistant Secretary for Consular Affairs. single registration for a group of related [FR Doc. 95–7050 Filed 3–27–95; 8:45 am] LIBRARY OF CONGRESS works.’’ BILLING CODE 4710±06±M On December 7, 1990, the Copyright Copyright Office Office issued regulations permitting group registration of serials (55 FR DEPARTMENT OF THE TREASURY 37 CFR Part 202 50556 (Dec. 7, 1990)) and on September 1, 1992, it issued regulations permitting [Docket No. 95±2] Internal Revenue Service group registration of daily newspapers Registration of Claims to Copyright; (57 FR 39615 (Sept. 1, 1992)). Both of 26 CFR Part 1 Group Registration of Daily those regulations are unchanged and [TD 8581] Newsletters continue to govern group registration of serials, other than daily newsletters. For RIN 1545±AQ87 AGENCY: Copyright Office, Library of purposes of this regulation, a daily Congress. newsletter is defined as a serial Certain Cash or Deferred ACTION: Final rule. published and distributed by mail or Arrangements and Employee and electronic media (telefacsimile, cassette Matching Contributions Under SUMMARY: The Copyright Office of the tape, diskette or CD–ROM). Publication Employee Plans; Correction Library of Congress is adopting a new must occur at least two days per week AGENCY: Internal Revenue Service, regulation that permits group and the newsletter must contain news or Treasury. registration of daily newsletters. information of interest chiefly to a Publishers of daily newsletters, which special group (for example, trade and ACTION: Correction to final regulations. are issued routinely at least two times professional associations, corporate Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15875 house organs, schools, colleges, and granted by 17 U.S.C. 408(c)(1), the Dated: March 14, 1995. churches). Daily newsletters are Register of Copyrights has determined Marybeth Peters, published series that are not available that, on the basis of a single application, Register of Copyrights. on newsstands. They are customarily deposit, and filing fee, a single Approved by: sold by subscription and distributed registration may be made for a group of electronically or by mail. James H. Billington, two or more issues of a daily newsletter The Librarian of Congress. The Copyright Office is now if the following conditions are met: publishing a regulation that permits [FR Doc. 95–7564 Filed 3–27–95; 8:45 am] group registration of daily newsletters (i) As used in this regulation, daily BILLING CODE 1410±30±P that meet all of the specified conditions. newsletter means a serial published and Under the regulation, daily newsletters distributed by mail or electronic media that are published routinely at least two (online, telefacsimile, cassette tape, ENVIRONMENTAL PROTECTION times per week may be registered in diskette or CD–ROM). Publication must AGENCY groups at a reduced fee if all other occur at least two days per week and the requirements are met. Publishers that newsletter must contain news or 40 CFR Part 52 meet these qualifications may register information of interest chiefly to a all newsletters bearing issue dates special group (for example, trade and [CA±144±-2±6918b; FRL±5179±4] within a single calendar month under professional associations, corporate California State Implementation Plan the same continuing title on a single house organs, schools, colleges, and Revision; Interim Final Determination Form SE/Group with the deposit of a churches). single copy of each issue and a $10 That State Has Corrected Deficiencies filing fee for each issue. Each issue must (ii) The works must be essentially all new collective works or all new issues AGENCY: Environmental Protection be an essentially new collective work or Agency (EPA). all new issue that has not been that have not been published before. ACTION: Interim final determination. published before and must be a work (iii) Each issue must be a work made made for hire. The author(s) and for hire. SUMMARY: Elsewhere in today’s Federal claimant(s) must be the same for all of (iv) The author(s) and claimant(s) Register, EPA has published a notice of the issues. If the Library of Congress must be the same person(s) or proposed rulemaking fully approving makes a written request, the publisher organization(s) for all of the issues. revisions to the California State must give the Library up to two Implementation Plan. The revisions (v) All the items in the group must complimentary subscriptions of the concern rules from the San Diego bear issue dates within a single calendar specified newsletter. County Air Pollution Control District Registration of claims to copyright is month under the same continuing title. (SDCAPCD) and the San Joaquin Valley optional, although registration confers (vi) If requested in writing by the Unified Air Pollution Control District several benefits. If a publisher cannot Copyright Acquisitions Division of the (SJVUAPCD): SDCAPCD Rule 61.1, meet any one of the specified conditions Library of Congress, the publisher of the Receiving and Storing Volatile Organic and he or she wishes to register then a newsletter must give the Library of Compounds at Bulk Plants and Bulk separate registration is required for each Terminals; and SJVUAPCD Rule 4403, issue. Form SE or Short Form SE should Congress up to two complimentary Components Serving Light Crude Oil or be used. subscriptions of the newsletter in the The Copyright Office is also amending edition most suitable to the Library’s Gases at Light Crude Oil and Gas § 202.3(b)(3)(ii) and footnote 6 to needs. Subscription copies must be Production Facilities and Components § 202.3(c)(2) to conform to the addition mailed or transmitted to the separate at Natural Gas Processing Facilities. of a new § 202.3(b)(8). address specified by the Copyright Based on the proposed full approval, Acquisitions Division in its request. EPA is making an interim final List of Subjects in 37 CFR Part 202 Subscription copies are not required determination by this action that the Copyright registration. unless expressly requested by the State has corrected the deficiencies for Library of Congress. which sanctions clocks were activated Final Regulation on September 30, 1993. This action will In consideration of the foregoing, the (vii) A Form SE/Group shall be defer the application of the offset Copyright Office amends 37 CFR part submitted for daily newsletters bearing sanctions and defer the application of 202 in the manner set forth below: issue dates within a single month, the highway sanctions. Although the together with one copy of each issue, interim final action is effective upon PART 202Ð[AMENDED] and a filing fee of $10 for each issue publication, EPA will take comment. If 1. The authority citation for part 202 included in the group registration. no comments are received on EPA’s continues to read as follows: * * * * * proposed approval of the State’s submittal, EPA will finalize its Authority: 17 U.S.C. 702; 202.3, 202.19, 3. Section 202.3(b)(3)(ii) is amended determination that the State has 202.20, 202.21, and 202.22 are also issued by removing ‘‘(b)(7)’’ and adding under 17 U.S.C. 407 and 408. corrected the deficiencies that started ‘‘(b)(8)’’. the sanctions clocks by publishing a 2. In § 202.3, paragraph (b)(8) is 4. Footnote 6 to § 202.3(c)(2) is notice of final rulemaking in the Federal redesignated as paragraph (b)(9) and a revised to read as follows: Register. If comments are received on new paragraph (b)(8) is added to read as EPA’s proposed approval and this follows: 6 In the case of applications for group registration of newspapers, contributions to interim final action, EPA will publish a § 202.3 Registration of Copyright. periodicals, and newsletters, under final notice taking into consideration * * * * * paragraphs (b)(6), (b)(7), and (b)(8) of this any comments received. (b) * * * section, the deposits and fees shall comply DATES: Effective Date: March 28, 1995. (8) Group registration of daily with those specified in the respective Comments: Comments must be newsletters. Pursuant to the authority paragraphs. received by April 27, 1995. 15876 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

ADDRESSES: Comments should be sent believes that it is more likely than not sanctions should be provided as quickly to: Daniel A. Meer, Rulemaking Section that the State has corrected the original as possible. Therefore, EPA is invoking (A–5–3), Air and Toxics Division, U.S. disapproval deficiencies. Therefore, the good cause exception under the Environmental Protection Agency, EPA is taking this interim final Administrative Procedure Act in not Region IX, 75 Hawthorne Street, San rulemaking action, effective on providing an opportunity for comment Francisco, CA 94105. publication, finding that the State has before this action takes effect.1 5 U.S.C. The State submittal and EPA’s corrected the deficiencies. However, 553(b)(3). EPA believes that notice-and- analysis for that submittal, which are EPA is also providing the public with an comment rulemaking before the the basis for this action, are available for opportunity to comment on this final effective date of this action is public review at the above address and action. If, based on any comments on impracticable and contrary to the public at the following locations: this action and any comments on EPA’s interest. EPA has reviewed the State’s California Air Resources Board, Stationary proposed full approval of the State’s submittal and, through its proposed Source Division, Rule Evaluation Section, submittal, EPA determines that the action is indicating that it is more likely 2020 ‘‘L’’ Street, Sacramento, CA 95814 State’s submittal is not fully approvable than not that the State has corrected the San Diego County Air Pollution Control and this final action was inappropriate, deficiencies that started the sanctions District, 9150 Chesapeake Drive, San EPA will either propose or take final clocks. Therefore, it is not in the public Diego, CA 92123 action finding that the State has not interest to initially impose sanctions or San Joaquin Valley Unified Air Pollution corrected the original disapproval to keep applied sanctions in place when Control District, 1999 Tuolumne Street, deficiencies. As appropriate, EPA will the State has most likely done all it can Suite 200, Fresno, CA 93721 also issue an interim final determination to correct the deficiencies that triggered FOR FURTHER INFORMATION CONTACT: Mae or a final determination that the the sanctions clocks. Moreover, it would Wang, Rulemaking Section (A–5–3), Air deficiencies have not been corrected. be impracticable to go through notice- and Toxics Division, U.S. Until EPA takes such an action, the and-comment rulemaking on a finding Environmental Protection Agency, application of sanctions will continue to that the State has corrected the Region IX, 75 Hawthorne Street, San be deferred and/or stayed. deficiencies prior to the rulemaking Francisco, CA 94105. Telephone: (415) This action does not stop the approving the State’s submittal. 744–1200. sanctions clock that started for these Therefore, EPA believes that it is areas on August 30, 1993. However, this SUPPLEMENTARY INFORMATION: necessary to use the interim final action will defer the application of the rulemaking process to temporarily stay I. Background offsets sanctions and will defer the or defer sanctions while EPA completes imposition of the highway sanctions. On April 5, 1991, the State submitted its rulemaking process on the See 59 FR 39832 (Aug. 4, 1994). If EPA’s approvability of the State’s submittal. SDCAPCD Rule 61.1, Receiving and publishes a notice of final rulemaking Storing Volatile Organic Compounds at Moreover, with respect to the effective fully approving the State’s submittal, date of this action, EPA is invoking the Bulk Plants and Bulk Terminals; and on such action will permanently stop the May 30, 1991, SJVUAPCD Rule 4403, good cause exception to the 30-day sanctions clock and will permanently notice requirement of the APA because Components Serving Light Crude Oil or lift any applied, stayed or deferred Gases at Light Crude Oil and Gas the purpose of this notice is to relieve sanctions. If EPA must withdraw the a restriction. See 5 U.S.C. 553(d)(1). Production Facilities and Components proposed full approval based on adverse at Natural Gas Processing Facilities, comments and EPA subsequently III. Regulatory Process which EPA disapproved in part on determines that the State, in fact, did August 30, 1993. 58 FR 4544. EPA’s not correct the disapproval deficiencies, Under the Regulatory Flexibility Act, disapproval action started an 18-month the sanctions consequences described in 5 U.S.C. Section 600 et. seq., EPA must clock for the imposition of one sanction the sanctions rule will apply. See 59 FR prepare a regulatory flexibility analysis (followed by a second sanction 6 39832, to be codified at 40 CFR 52.31. assessing the impact of any proposed or months later) and a 24-month clock for final rule on small entities. 5 U.S.C. 603 promulgation of a Federal II. EPA Action and 604. Alternatively, EPA may certify Implementation Plan (FIP). The State EPA is taking interim final action that the rule will not have a significant subsequently submitted revised rules on finding that the State has corrected the economic impact on a substantial January 24, 1995 and February 24, 1995. disapproval deficiencies that started the number of small entities. Small entities The revised rules were adopted by the sanctions clocks. Based on this action, include small businesses, small not-for- SDCAPCD and SJVUAPCD on January imposition of the offset sanctions will profit enterprises, and government 10, 1995 and February 16, 1995 be deferred and imposition of the entities with jurisdiction over respectively. In the Proposed Rules highway sanctions will be deferred until populations of less than 50,000. section of today’s Federal Register, EPA EPA’s final action fully approving the This action temporarily relieves has proposed full approval of the State State’s submittal becomes effective or sources of an additional burden of California’s submittal of SDCAPCD until EPA takes action proposing or potentially placed on them by the Rule 61.1, Receiving and Storing disapproving in whole or part the State sanctions provisions of the Act. Volatile Organic Compounds at Bulk submittal. If EPA’s proposed rulemaking Therefore, I certify that it does not have Plants and Bulk Terminals; and action fully approving the State an impact on any small entities. SJVUAPCD Rule 4403, Components submittal becomes final, at that time any Serving Light Crude Oil or Gases at sanctions clocks will be permanently The Office of Management and Budget Light Crude Oil and Gas Production stopped and any applied, stayed or (OMB) has exempted this action from Facilities and Components at Natural deferred sanctions will be permanently review under Executive Order 12866. Gas Processing Facilities. SJVUAPCD lifted. Rule 4403 replaces SJVUAPCD Rule Because EPA has preliminarily 1 As previously noted, however, by this action EPA is providing the public with a chance to 465.3 of the same name. determined that the State has corrected comment on EPA’s determination after the effective Based on the proposed approval set the deficiencies identified in EPA’s date and EPA will consider any comments received forth in today’s Federal Register, EPA limited disapproval actions, relief from in determining whether to reverse such action. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15877

List of Subjects in 40 CFR Part 52 transferred from the Assistant Secretary (s) Assist and protect consumers in Environmental protection, Air for Governmental Affairs to the General their dealings with the air transportation pollution control, Hydrocarbons, Counsel and the Deputy General industry and assist state and local Incorporation by reference, Counsel. This rule amends the organizations in handling airline Intergovernmental regulations, delegations to be in accordance with the consumer complaints. Carry out 49 Reporting and recordkeeping, Ozone, changed responsibilities. The Office of U.S.C. 40113 and 41771 as appropriate Volatile organic compounds. Intergovernmental and Consumer to those functions. Affairs has been changed to the Office * * * * * Authority: 42 U.S.C. 7401–7671q. of Intergovernmental Affairs. The 6. Section 1.57a is revised to read as Dated: March 16, 1995. Aviation Consumer Protection Division, follows: Felicia Marcus, located within the Office of the § 1.57a Delegations to Deputy General Regional Administrator. Assistant General Counsel for Aviation Counsel. [FR Doc. 95–7471 Filed 3–27–95; 8:45 am] Enforcement and Proceedings, has been The Deputy General Counsel is BILLING CODE 6560±50±P created. Since this rule relates to departmental delegated authority to: management, organization, procedure, (a) Appear on behalf of the Department on the record in hearing DEPARTMENT OF TRANSPORTATION and practice, notice and public comment are unnecessary. For the same cases, and to initiate and carry out Office of the Secretary reason, good cause exists for not enforcement actions on behalf of the publishing this rule at least 30 days Department, under the authority 49 CFR Part 1 before its effective date, as is ordinarily transferred to the Department from the required by 5 U.S.C. 553(d). Therefore, Civil Aeronautics Board as described in [OST Docket No 1; Amdt. 1±269] this rule is effective on the date of its §§ 1.56a(f) and 1.57(s). This includes the Organization and Delegation of Powers publication. authority to compromise penalties under 49 U.S.C. 46301; to issue and Duties Transfer of Delegations List of Subjects in 49 CFR Part 1 From Assistant Secretary for appropriate orders, including cease and Governmental Affairs to General Authority delegations (Government desist orders, under 49 U.S.C. 46101; Counsel and Deputy General Counsel agencies), Organizations and functions and to require the production of (Government agencies). information, enter carrier property and AGENCY: Office of the Secretary, DOT. inspect records and inquire into the ACTION: Final rule. PART 1Ð[AMENDED] management of the business of a carrier under 49 U.S.C. 41711, as appropriate to 1. The authority citation for part 1 SUMMARY: Responsibility for the the enforcement responsibilities. In continues to read as follows: Department’s airline consumer carrying out these functions, the Deputy protection program and related Authority: 49 U.S.C. 322; Pub. L. 101–552, General Counsel is not subject to the responsibilities has been transferred 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2). supervision of the General Counsel. from the Assistant Secretary for § 1.22 [Amended] (b) Initiate and carry out enforcement Governmental Affairs to the General actions relating to: 2. Section 1.22(f) is revised to read as Counsel and the Deputy General (1) foreign airport security on behalf follows: Counsel. This rule amends the of the Department under 49 U.S.C. delegations to be in accordance with the § 1.22 Structure. 44907; and changed responsibilities. The rule is * * * * * (2) the Consumer Credit Protection necessary to reflect the delegations in (f) Office of the Assistant Secretary for Act under section 4(a)(5) of the Civil the Code of Federal Regulations. Governmental Affairs. This office is Aeronautics Board Sunset Act of 1984 EFFECTIVE DATE: This rule becomes composed of the Offices of (October 4, 1984; Pub. L. 98–443). In effective March 28, 1995. Congressional Affairs and carrying out these functions, the Deputy FOR FURTHER INFORMATION CONTACT: Intergovernmental Affairs. General Counsel is not subject to the supervision of the General Counsel. Steven B. Farbman, Office of the * * * * * Assistant General Counsel for 3. In § 1.56a, ‘‘1.61(d)’’ is revised to § 1.61 [Amended] Regulation and Enforcement (202) 366– read ‘‘1.57(s)’’ in paragraph (f)(1). 7. In § 1.61, remove paragraph (d). 9306, United States Department of 4. In § 1.56b, ‘‘1.61(d)’’ is revised to Transportation, 400 7th Street SW., read ‘‘1.57(s)’’. Issued at Washington, DC this 22nd day of March, 1995. Washington, DC 20590. 5. Section 1.57 is amended by adding Federico Pen˜ a, SUPPLEMENTARY INFORMATION: a new paragraph (s) to read as follows: Responsibility for the Department’s Secretary of Transportation. airline consumer protection program § 1.57 Delegations to General Counsel. [FR Doc. 95–7568 Filed 3–27–95; 8:45 am] and related responsibilities has been * * * * * BILLING CODE 4910±62±P 15878

Proposed Rules Federal Register Vol. 60, No. 59

Tuesday, March 28, 1995

This section of the FEDERAL REGISTER Inefficient regulations, i.e., regulations In order to allow petitions to be contains notices to the public of the proposed that are burdensome and have a treated more expeditiously, to facilitate issuance of rules and regulations. The minimal safety benefit, could divert the submission of petitions with strong purpose of these notices is to give interested NRC and industry resources from issues technical merit, and to improve the persons an opportunity to participate in the important to safety, thereby adversely likelihood of acceptance of petitions, rule making prior to the adoption of the final rules. affecting safety. While maintaining its the NRC proposes to modify § 2.802 to emphasis on safety, the NRC over the encourage industry and the public to past 10 years has initiated several submit more detailed supporting NUCLEAR REGULATORY programs designed to improve the information in the petition for COMMISSION efficiency of its regulatory program. rulemaking than currently required. The These efforts include notably the NRC concluded that this modification 10 CFR Part 2 Marginal To Safety (MTS) program, the would be an effective means to help RIN 3150±AF23 Regulatory Review Group (RRG) and processing the petitions in a more Cost Beneficial Licensing Actions expeditious manner, because this Petition for Rulemaking; Procedure for (CBLA) Task Force studies, and the information would enable the NRC staff Submission Technical Specification Amendments to conclude, with a minimal Screening Panel. expenditure of staff resources, whether AGENCY: Nuclear Regulatory These programs have identified a to grant or deny the petition. The Commission. number of inefficient regulatory incentive for any petitioner to take this ACTION: Proposed rule. requirements. They also enabled the action would be that more expeditious NRC to conclude, among other matters, review and processing of the petition SUMMARY: The Nuclear Regulatory that (1) an expanded role for the public, will result. It is expected that this Commission (NRC) is proposing to including the industry, to participate in alternative process will be more amend its regulations pertaining to the process of improving regulations efficient in the use of NRC staff and petitions for rulemaking. The proposed through petitions for rulemaking is industry resources and be more changes would provide incentive to highly desirable and should be responsive to petitioners. This proposed submit sufficient supporting encouraged, and (2) the petition for rule would not change any existing information in petitions to facilitate rulemaking process could be improved provision regarding petitions for more expeditious disposition by the to make it more responsive to rulemaking, rather it offers an NRC, and would also improve openness petitioners. alternative within the petition process of the petition for rulemaking process by which would be available to all delineating priorities for review of the Description petitioners regardless of the nature of petitions. The NRC has prepared a proposed the petitions. DATES: Comment period expires June 12, rule that would modify 10 CFR 2.802, The industry is therefore encouraged 1995. Comments received after this date Petition for Rulemaking, to expand the to identify and propose improvements will be considered if it is practical to do use and improve the responsiveness of to regulations that seek to reduce the so, but the Commission is able to assure the petition for rulemaking process. The regulatory burden while providing consideration only for comments proposed rule would also delineate sufficient supporting information in the received on or before this date. factors that affect priorities for review of petition to demonstrate that the ADDRESSES: Mail written comments to: petitions. This would improve the proposed changes will result in Secretary, U.S. Nuclear Regulatory openness of the rulemaking process. significant reduced burden and minimal Commission, Washington, DC 20555, The NRC staff currently expends impact to overall safety (safety Attention: Docketing and Services resources in developing responses to neutrality). Similarly, members of the Branch. petitions for rulemaking that may or public who seek safety enhancement Deliver comments to: 11555 Rockville may not result in changes to NRC through the rulemaking process are Pike, Rockville, Maryland, between 7:45 regulations. The reasons for the granting encouraged to make use of the sizable a.m. and 4:15 p.m. Federal workdays. or denial of petitions sometimes only publicly available safety information to Copies of comments received may be become evident after completion of support and expedite their petitions. examined at: the NRC Public Document considerable NRC staff effort that may It is to be noted that the prioritization Room, 2120 L Street NW. (Lower Level), include the development of a regulatory and scheduling for review and Washington, DC. analysis and a backfit analysis. As a disposition by NRC are based on FOR FURTHER INFORMATION CONTACT: T.Y. consequence, processing and consideration of the merit of each Chang, telephone (301) 415–6450, or disposition of petitions sometimes is petition. The merit of a petition is Chris Rourk, telephone (301) 415–5865, unduly prolonged. On the other hand, judged on its safety significance and the Office of Nuclear Regulatory Research, the NRC recognizes that licensees are in level of detail of supporting U.S. Nuclear Regulatory Commission, the best position to provide information information. Petitions containing Washington, DC 20555. to assist the NRC to assess the effect of supporting information additional to SUPPLEMENTARY INFORMATION: regulatory actions and are also the those currently required would improve primary beneficiaries of efforts to reduce their priority for review and receive Background regulatory requirements that are unduly more expeditious disposition. NRC and industry resources are burdensome but have no Consideration of safety significance is limited and becoming more so. commensurable safety benefits. the first criterion for prioritizing the Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15879 review and disposition of petitions. It is proposed rule. A copy of this report Environmental Impact: Categorical the primary concern of the NRC to would be available for public review in Exclusion ensure that design and operation of NRC the NRC Public Document Room. The proposed regulations involve an licensed facilities are carried out in a Further, the NRC has decided to amendment to 10 CFR 2.802, and manner which assures adequate provide administrative procedures to qualify as actions eligible for the protection of public health and safety, of make it easier for concerned parties to categorical exclusion from the environment, and of national submit petitions for changes to environmental review in 10 CFR security. Therefore, petitions found by regulatory guidance documents, such as 51.22(c)(1). Therefore, neither an the NRC to raise a concern in this regard regulatory guides, bulletins, generic environmental impact statement nor an would receive immediate NRC letters and sections of the Standard environmental assessment has been attention. In assessing the safety Review Plan (SRP). These documents do prepared for these proposed regulations. significance of petitions consideration not have the force and effect of a would be given to the technical regulation, but they are used by the NRC Paperwork Reduction Act Statement information submitted and other staff to identify methods that would The proposed rule amends information available to the NRC, and to comply with the regulation. A formal information collection requirements that whether the proposal is likely to meet procedure which enables interested are subject to the Paperwork Reduction the criteria of the backfit rule. Petitions parties to propose changes to such Act of 1980 (44 U.S.C. 3501 et seq). This that are safety neutral, i.e., regulatory guidance documents does not rule has been submitted to the Office of implementation of which would result now exist. The guidance for preparation Management and Budget for review and in an insignificant change to the level of of more detailed petitions for approval of the information collection protection to public health and safety, rulemaking as well as petitions requirements. would be resolved in such a way as to requesting the revision of regulatory The public reporting burden for this minimize the cost to the NRC and guidance documents will be provided in collection of information is estimated to maximize the benefit to the petitioner. proposed Regulatory Guides 10.XX and average an additional 500 hours for each The more detailed supporting 10.XY to be developed in the near PRM that contains additional information in addition to that required future. supporting information and analyses. in the current § 2.802(c) should include Send comments regarding this burden the suggested regulatory text, regulatory Specific Considerations estimate or any other aspect of this analysis, backfit analysis (if required), Advice and recommendations on the collection of information, including information required by the National proposed revision to 10 CFR 2.802 and suggestions for reducing this burden, to Environmental Policy Act (NEPA), and on any other points considered the Information and Records a guidance document similar in nature pertinent are invited from all interested Management Branch (T–6 F33), U.S. to a Regulatory Guide, if needed, in persons. Comments and supporting Nuclear Regulatory Commission, support of a proposed rule, as described reasons are particularly requested on the Washington, DC 20555–0001; and to the in paragraph (d)(2) of the proposed rule. following questions: Desk Officer, Office of Information and The regulatory analysis is important for 1. Is the concept of the proposal Regulatory Affairs, NEOB–10202, petitions seeking either to enhance sound, namely that all petitioners have (3150–0136), Office of Management and safety or to reduce regulatory burden, the option to submit more detailed Budget, Washington, DC 20503. because it would provide information supporting information which, if found on the changes to risk levels as well as Regulatory Analysis adequate, would lead to faster NRC costs associated with proposed The Administrative Procedure Act disposition? alternatives. requires each Federal agency to give The proposed changes would afford 2. Is the description of information interested persons the right to petition any petitioner two options: submit the required for detailed supporting for the issuance, amendment, or repeal minimal threshold information in the information in paragraph (d)(2) of a rule. The proposed changes would petition that is required by the current sufficiently complete to avoid facilitate more expeditious disposition rule and be subject to the regular unnecessary correspondence after the by the NRC of petitions with sufficient processing procedures, or submit more petition has been docketed? supporting information, and would also detailed supporting information and 3. Under what circumstances should improve the openness of the rulemaking analyses in the petition in return for a a guidance document in the form of a process by delineating petition review more expeditious processing procedure Regulatory Guide be required to support priorities. This expended right, by the NRC. The proposed revisions a petition? What criteria are appropriate however, is available to any interested would not change any existing for not requiring it? petitioner. The proposed rule does not provision regarding petitions for 4. Should there be an NRC electronic affect any existing rights and gives rulemaking if they meet the minimum bulletin board dealing exclusively with expanded rights to licensees and threshold requirement of the current petitions? interested persons. This proposed rule § 2.802(c). 5. As the NRC attempts to shift constitutes the preferred course of Subsequent to the establishment of rulemaking approaches to be more action and the cost involved in its review priority the NRC would develop performance-based and risk-based, what promulgation and action is necessary a schedule for all petitions that are changes would be appropriate for the and appropriate. The foregoing docketed. This schedule would reflect information requirements under the discussion constitutes the regulatory the priority of each petition based on proposed revision of 10 CFR 2.802? analysis for the proposed rule. consideration of the combination of 6. Should administrative procedures safety significance and level of detail of be established to allow petitions for Regulatory Flexibility Certification supporting information. A summary of changes to regulatory guidance In accordance with the Regulatory petitions for rulemaking, including the documents, such as regulatory guides, Flexibility Act of 1980 (5 U.S.C. 605(b)), status of each petition, would be bulletins, generic letters, and sections of the Commission certifies that this rule prepared semiannually by the NRC staff, the Standard Review Plan? Should these will not, if promulgated, have a as described in paragraph (h) of the procedures be incorporated in a rule? significant economic impact on a 15880 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules substantial number of small entities. (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 (i) Describing the procedure and Any interested person has the right to U.S.C. 5871). Sections 2.102, 2.103, 2.104, process for filing and responding to a submit a petition for rulemaking under 2.105, 2.721, also issued under secs. 102, petition for rulemaking; the existing guidelines. If an interested 103, 104, 105, 183, 189, 68 Stat. 936, 937, (ii) Clarifying an existing NRC 938, 954, 955 as amended (42 U.S.C. 2132, person voluntarily chooses to develop 2133, 2134, 2135, 2233, 2239). Section 2.105 regulation and the basis for regulation; additional information and perform also issued under Pub. L. 97–415, 96 Stat. and additional analysis to support a 2073 (42 U.S.C. 2239). Sections 2.200–2.206 (iii) Assisting the prospective proposed petition, the proposed rule also issued under secs. 161b,i, o, 182, 186, petitioner to clarify a potential petition would further encourage petitioners to 234, 68 Stat. 948–951, 955, 83 Stat. 444, as so that the Commission is able to do so. If the interested person is unable amended (42 U.S.C. 2236, 2282); sec. 206, 88 understand the nature of the issues of or unwilling to incur the costs Stat. 1246 (42 U.S.C. 5846). Sections 2.600– concern to the petitioner. associated with developing additional 2.606 also issued under sec. 102, Pub. L. 91– (2) In providing the assistance information and performing these 190, 83 Stat. 853, as amended (42 U.S.C. permitted in paragraph (b)(1) of this 4332). Sections 2.700a, 2.719 also issued analyses, a petition may be submitted under 5 U.S.C. 554. Sections 2.754, 2.760, section, the NRC staff will not draft or under the existing rule. The NRC staff 2.770, 2.780 also issued under 5 U.S.C. 557. develop text or alternative approaches will continue to perform the analyses Section 2.764 and Table 1A of Appendix C to address matters in the prospective that may be required to resolve the also issued under secs. 135, 141, Pub. L. 97– petition for rulemaking. petition. The proposed rule does not 425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, (c) Each petition filed under this impose any obligations on regulated 10161). Section 2.790 also issued under sec. section shall: entities that may fall within the 103, 68 Stat. 936, as amended (42 U.S.C. (1) Set forth a general solution to the definition of ‘‘small entities’’ as set forth 2133) and 5 U.S.C. 552. Sections 2.800 and problem or the substance or text of any in section 601(3) of the Regulatory 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. proposed regulation or amendment, or Flexibility Act, or within the definition 29, Pub. L. 85–256, 71 Stat. 579, as amended specify the regulation which is to be of ‘‘small business’’ as found in section (42 U.S.C. 2039). Subpart K also issued under revoked or amended; 3 of the Small Business Act (15 U.S.C. sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. (2) State clearly and concisely the 632), or within the small business 134, Pub. L. 97–425, 96 Stat. 2230 (42 U.S.C. petitioner’s grounds for and interest in standards contained in 13 CFR Part 121. 10154). Subpart L also issued under sec. 189, the action requested; 68 Stat. 955 (42 U.S.C. 2239). Appendix A Backfit Analysis (3) Include a statement in support of also issued under sec. 6, Pub. L. 91–560, 84 the petition which shall set forth the This proposed rule does not involve Stat. 1473 (42 U.S.C. 2135). Appendix B also specific issues involved, the petitioner’s any new provisions which would issued under sec. 10, Pub. L. 99–240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.). views or arguments with respect to impose backfits as defined in 10 CFR those issues, relevant technical, 50.109(a)(1). Accordingly, no backfit § 2.8 [Amended] scientific or other data involved which analysis pursuant to 10 CFR 50.109(c) is 2. Section 2.8 paragraph (b) is revised is reasonably available to the petitioner, required for this proposed rule. to read as follows: and such other pertinent information as List of Subjects in 10 CFR Part 2 * * * * * the petitioner deems necessary to support the action sought. In support of Administrative practice and (b) The approved information its petition, petitioner should note any procedure, Antitrust, Byproduct collection requirements contained in specific cases of which petitioner is material, Classified information, this part appear in § 2.802 and appendix aware where the current rule is unduly Environmental protection, Nuclear C. burdensome, deficient, or needs to be materials, Nuclear power plants and 3. Section 2.802 is revised to read as strengthened. reactors, Penalties, Sex discrimination, follows: (d) Petitions for rulemaking will be Source material, Special nuclear § 2.802 Petition for rulemaking. prioritized and scheduled for review material, Waste treatment and disposal. (a) Any interested person may and disposition by NRC on the basis of For the reasons set out in the petition the Commission to issue, the following considerations: preamble and under the authority of the amend, or rescind any regulation. The (1) Safety significance of the issues Atomic Energy Act of 1954, as amended, petition should be addressed to the identified or alternatives proposed in the Energy Reorganization Act of 1974, Secretary, U.S. Nuclear Regulatory petitions will be the dominant as amended, and 5 U.S.C. 553, the NRC Commission, Washington, DC 20555– consideration for the prioritization of is proposing to adopt the following 0001, Attention: Chief, Docketing and petitions. amendments to 10 CFR part 2. Service Branch. (2) Petitions containing supporting PART 2ÐRULES OF PRACTICE FOR (b) A prospective petitioner may information additional to that described DOMESTIC LICENSING PROCEEDINGS consult with the NRC before filing a in paragraph (c) of this section, will petition for rulemaking by writing the improve the priority for review and 1. The authority citation for part 2 Director, Freedom of Information and more expeditious disposition. Sufficient continues to read as follows: Publications Services, Office of supporting information for higher Authority: Secs. 161, 181, 68 Stat. 948, Administration, U.S. Nuclear Regulatory priority should include: 953, as amended (42 U.S.C. 2201, 2231); sec. Commission, Washington, DC 20555– (i) The text of a proposed, revised, or 191, as amended, Pub. L. 87–615, 76 Stat. 409 0001, Attention: Chief, Rules Review amended regulation (‘‘the proposed (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as and Directives Branch. A prospective rule’’); amended (42 U.S.C. 5841); 5 U.S.C. 552. petitioner may also telephone the Rules (ii) Supplementary information Section 2.101 also issued under secs. 53, Review and Directives Branch on (301) constituting the proposed statement of 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 415–7158 or toll free on (800) 368–5642. considerations for the regulation; U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, (1) In any consultation before the (iii) Supporting material to show 2135); sec. 114(f), Pub. L. 97–425, 96 Stat. filing of a petition for rulemaking, the conformance with legal requirements 2213, as amended (42 U.S.C. 10134(f)); sec. assistance that may be provided by the such as the National Environmental 102, Pub. L. 91–190, 83 Stat. 853, as amended NRC staff is limited to: Policy Act, the Paperwork Reduction Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15881

Act, and the Regulatory Flexibility Act, deficient and will be accorded an undermining the purposes of the Bank as appropriate; opportunity to submit additional data. Holding Company Act. This proposal (iv) A regulatory analysis. For Ordinarily this determination will be has been identified in connection with information on the form and content of made within 30 days from the date of the Board’s continuing effort to a regulatory analysis see NUREG/BR– receipt of the petition by the Office of eliminate obsolete or unnecessary 00581 and NUREG/CR–3568;2 the Secretary of the Commission. If the regulations or applications. (v) Supporting information that petitioner does not submit additional DATES: Comments must be submitted on responds to 10 CFR 50.109(c), the data to correct the deficiency within 90 or before April 28, 1995. Backfit rule where applicable; and days from the date of notification to the ADDRESSES: Comments should refer to (vi) A guidance document in the form petitioner that the petition is Docket No. R–0872 and may be mailed of a Regulatory Guide when necessary incomplete, the petition may be to William W. Wiles, Secretary, Board of (Note that a Regulatory Guide is usually returned to the petitioner without Governors of the Federal Reserve provided for a performance based prejudice to the right of the petitioner to System, 20th Street and Constitution regulation). file a new petition. Avenue NW., Washington, DC 20551. (e) The petitioner may request the (h) The Director, Division of Freedom Comments also may be delivered to Commission to suspend all or part of of Information and Publications Room B–2222 of the Eccles Building any licensing proceeding to which the Services, Office of Administration, will between 8:45 a.m. and 5:15 p.m. petitioner is a party pending disposition prepare on a semiannual basis a weekdays, or to the guard station in the of the petition for rulemaking. summary of petitions for rulemaking Eccles Building courtyard on 20th Street (f) If it is determined that the petition before the Commission, including the NW. (between Constitution Avenue and includes the information required by status of each petition. A copy of the C Street NW.) at any time. Comments paragraphs (c) and, if petitioner elects, report will be available for public may be inspected in Room MP–500 of (d)(2) of this section and is complete, inspection and copying for a fee in the the Martin Building between 9:00 a.m. the Director, Division of Freedom of Commission’s Public Document Room, and 5:00 p.m. weekdays, except as Information and Publications Services, 2120 L Street NW. (Lower Level), provided in 12 CFR 261.8 of the Board’s or designee, will assign a docket number Washington, DC. rules regarding availability of to the petition, will cause the petition to Dated at Rockville, MD, this 22nd day of information. be formally docketed, and will deposit March 1995. FOR FURTHER INFORMATION CONTACT: a copy of the docketed petition in the For the Nuclear Regulatory Commission. Pamela G. Nardolilli, Senior Attorney Commission’s Public Document Room. Andrew L. Bates, (202/452–3289), Legal Division, Board Public comment may be requested by of Governors of the Federal Reserve publication of a notice of the docketing Acting Secretary of the Commission. [FR Doc. 95–7563 Filed 3–27–95; 8:45 am] System. For the hearing impaired only, of the petition in the Federal Register, Telecommunication Device for the Deaf BILLING CODE 7590±01±P or, in appropriate cases, may be invited (TDD), Dorothea Thompson (202/452– for the first time upon publication in the 3544), Board of Governors of the Federal Federal Register of a proposed rule Reserve System, 20th and C Streets FEDERAL RESERVE SYSTEM developed in response to the petition. NW., Washington, D.C. 20551. Publication will be limited by the 12 CFR Part 225 SUPPLEMENTARY INFORMATION: Under requirements of section 181 of the section 2(g)(3) of the Bank Holding Atomic Energy Act of 1954, as amended, [Regulation Y; Docket No. R±0872] Company Act (12 U.S.C. 1841(g)), shares and may be limited by order of the transferred by a bank holding company Bank Holding Companies and Change Commission. to any transferee where the transferee is in Bank Control (g) If it is determined by the Executive indebted to the transferor or has one or Director for Operations that the petition AGENCY: Board of Governors of the more officers, directors, trustees, or does not include the information Federal Reserve System. beneficiaries in common with the required by paragraphs (c) and, if ACTION: Proposed rule. transferor, are deemed to be controlled applicable, (d)(2) of this section and is by the transferor unless the Board, after incomplete, the petitioner will be SUMMARY: The Board is proposing to an opportunity for a hearing, determines notified of that determination and the amend its Regulation Y to eliminate the that the transferor is not capable of respects in which the petition is need for a bank holding company to file controlling the transferee. The Board a request with the Board for a proposes to amend § 225.32 of the 1 NUREG/BR–0058, ‘‘Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory determination under section 2(g)(3) of Board’s Regulation Y (12 CFR 225.32) to Commission,’’ Rev. 1, May 1984. A draft Rev. 2 of the Bank Holding Company Act that it exempt from the presumption of control this report was issued for comment in August 1993, no longer controls shares or assets that those divestitures where a bank holding and should be published as final report in the near it has sold to a third party with company is financing the sale of assets future. financing if: The purchaser is not an or shares that it acquired so long as (i) 2 NUREG/CR–3568, ‘‘A Handbook for Value- Impact Assessment,’’ December 1983. The affiliate or principal shareholder of the the property is not sold to an affiliate or document is currently undergoing revision and will divesting holding company, or a principal shareholder of the divesting tentatively be titled the ‘‘Regulatory Analysis company controlled by the principal holding company, or a company Technical Evaluation Handbook.’’ shareholder; and there are no officers, controlled by such a principal Note: Copies of NUREG/BR–0058 and NUREG/ directors, trustees or beneficiaries of the shareholder; and (ii) there are no CR–3568 may be purchased from the Superintendent of Documents, U.S. Government acquiror in common with or subject to officers, directors, trustees, or Printing Office, Mail Stop SSOP, Washington, DC control by the divesting company. The beneficiaries of the acquiror in common 20402–9328. Copies are also available from the Board believes that the elimination of with or subject to control by the National Technical Information Service, 5285 Port the requirement for a determination of divesting company. Royal Road, Springfield, VA 22161. A copy is also available for inspection and copying for a fee in the control for these types of divestitures A review of the 2(g)(3) determinations NRC Public Document Room, 2120 L Street NW. will reduce the regulatory burden on over the past ten years indicates that (Lower Level), Washington, DC 20555–0001. bank holding companies without almost all control determinations under 15882 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules that section have arisen from bank Paperwork Reduction Act Analysis ACTION: Proposed rule; withdrawal. holding companies selling property they No collection of information pursuant SUMMARY: The Federal Deposit acquired in satisfaction of a debt to section 3504(h) of the Paperwork previously contracted (‘‘dpc property’’) Insurance Corporation (FDIC) is Reduction Act (44 U.S.C. 3501, et seq.) withdrawing its proposed rule which where the bank holding company was is contained in these changes. trying to recoup its losses on a loan from would have implemented the statutory the sale of the collateral. In these cases, List of Subjects in 12 CFR Part 225 prohibition on contracts that adversely affect the safety or soundness of insured the record indicates that the divestitures Administrative practice and and financing arrangements have been depository institutions. The statutory procedure, Banks, banking, Federal provision remains in place and conducted on an arm’s-length basis, and Reserve System, Holding companies, there is no evidence of divesting unchanged. The FDIC has decided to Reporting and recordkeeping withdraw the proposed rule because the companies exercising control of the requirements, Securities. assets after the sale. In other cases existence of adverse contracts involving For the reasons set forth in the insured institutions has decreased where a bank holding company sold an preamble, the Board proposes to amend considerably since the proposed rule asset or subsidiary that it had acquired 12 CFR part 225 as set forth below: was issued for public comment on April in the normal course of business and 1, 1991, because of the overwhelmingly financed the sale of the asset or PART 225ÐBANK HOLDING negative comments received from the subsidiary, the assets were sold because, COMPANIES AND CHANGE IN BANK industry to the proposal, and because of in most cases, the bank holding CONTROL (REGULATION Y) an FDIC policy statement that company was no longer interested in recommends the withdrawal of engaging in that business. 1. The authority citation for 12 CFR part 225 continues to read as follows: proposed rules that have not been acted The elimination of the requirement to upon by the FDIC Board of Directors Authority: 12 U.S.C. 1817(j)(13), 1818, obtain a control determination will within nine months of the date of reduce the regulatory burden on bank 1831i, 1831p–1, 1843(c)(8), 1844(b), 1972(l), 3106, 3108, 3310, 3331–3351, 3907, and proposal. Many of the negative holding companies without eliminating 3909. comments received in response to the the Board’s ability to supervise any proposal expressed the view that such a attempt to control the divested asset in 2. In § 225.32, paragraph (a)(2) is regulation would create unnecessary the future. Although the Board would redesignated as paragraph (a)(3) and a regulatory burden and that the Federal no longer require a bank holding new paragraph (a)(2) is added to read as banking agencies already possess the company to obtain a control follows: necessary supervisory authority to deal determination, the Board, through the § 225.32 Divestiture proceedings. with adverse contracts. Since the type of examination process, can review the (a) * * * activity that the proposed rule was authority under which a bank holding (2) The presumption of control in intended to eliminate (i.e., abuses company controls the asset in question, paragraph (a)(1)(i) of this section shall involving contracts made by or on and take appropriate supervisory action not apply to the sale or divestiture of behalf of an insured institution that if any unlawful control is found to assets or voting securities by a divesting seriously jeopardize or misrepresent its persist. In addition, the Board would company if: safety and soundness) has been continue to require a divesting company (i) The acquiring person is not an substantially reduced through greater to obtain a 2(g)(3) determination if: (i) affiliate or a principal shareholder of the industry awareness and use of The asset were transferred to an affiliate divesting company, or a company alternative supervisory actions by the or principal shareholder of the divesting controlled by such a principal Federal banking agencies, there appears holding company, or a company shareholder; and to be no need to promulgate such a controlled by the principal shareholder; (ii) The acquiring person does not regulation at this time. However, the or (ii) an interlock existed between the have any officer, director, trustee, or FDIC may decide at a later date to divesting company and the acquiring beneficiary in common with or subject publish a new proposal if it determines person. In these cases, staff believes that to control by the divesting company. that the existence of adverse contracts there is a greater potential for continued has increased or that such action is * * * * * otherwise necessary or appropriate. control by the bank holding company By order of the Board of Governors of the that should be reviewed. The General Federal Reserve System, March 22, 1995. DATES: The withdrawal of proposed Part Counsel will continue to review these William W. Wiles, 334 is made on March 28, 1995. divestitures on a case by case basis to Secretary of the Board. FOR FURTHER INFORMATION CONTACT: determine if a control determination is [FR Doc. 95–7518 Filed 3–27–95; 8:45 am] Robert F. Miailovich, Associate Director, appropriate. Division of Supervision, (202) 898– BILLING CODE 6210±01±P 6918; Michael D. Jenkins, Examination Regulatory Flexibility Act Analysis Specialist, Division of Supervision, Pursuant to section 605(b) of the (202) 898–6896; or Gwen E. Factor, FEDERAL DEPOSIT INSURANCE Counsel, Legal Division, (202) 898– Regulatory Flexibility Act (5 U.S.C. 601 CORPORATION et seq.), the Board certifies that the 8522, Federal Deposit Insurance proposed amendment will not have a 12 CFR Part 334 Corporation, 550 17th Street NW., significant adverse economic impact on Washington, D.C. 20429. RIN 3064±AB06 a substantial number of small entities SUPPLEMENTARY INFORMATION: and that any impact on those entities Contracts Adverse to Safety and Background should be positive. The amendments Soundness of Insured Depository would reduce regulatory burdens Institutions Section 225 of the Financial imposed by Regulation Y, and the Institutions Reform, Recovery, and amendment would have no particular AGENCY: Federal Deposit Insurance Enforcement Act of 1989 added new adverse effect on other entities. Corporation. section 30 to the Federal Deposit Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15883

Insurance Act (Act), 12 U.S.C. 1831g, a rebuttable regulatory presumption that necessary to administer and carry out which prohibits any insured depository certain types of contracts between an the purposes of, and prevent evasions institution from entering into a written insured institution and its affiliates are of, the statutory prohibition. The statute or oral contract with any person to adverse. However, it was specifically is enforceable by its own terms by the provide goods, products or services to or noted that such a rebuttable FDIC and the other Federal banking for the benefit of the institution if the presumption would not prohibit all agencies in the absence of an performance of such contract would affiliate contracts. Instead, only certain implementing regulation. The FDIC has adversely affect its safety or soundness. specified types of contracts would be decided to withdraw the proposed rule Section 30(b) authorizes the FDIC to covered and contracts with other because of the significant decrease in prescribe such regulations as may be insured institutions or with subsidiaries the type of activity that the proposed necessary to carry out the purposes of of insured institutions would be rule was intended to eliminate (i.e., section 30. In accordance with this excluded from being presumed adverse. abuses involving contracts made by or authority, the FDIC Board of Directors on behalf of an insured institution that issued for public comment a proposal to Discussion seriously jeopardize or misrepresent its add new Part 334 to the FDIC’s rules Summary of Comments Received safety and soundness), the and regulations (which was published overwhelmingly negative comments The FDIC received 206 comments on in the Federal Register on April 1, 1991 received on the proposed rule, and an the proposed rule. Almost all of the (56 FR 13291)) to address adverse FDIC policy statement that recommends comments received opposed the contracts. the withdrawal of proposed rules that proposed rule or suggested major The proposed rule would have have not been acted upon by the FDIC changes, while many commenters implemented section 30 of the Act by Board of Directors within nine months requested that the FDIC withdraw the prohibiting any insured depository of the date of proposal. Moreover, the proposed rule. Many commenters institution from entering into any FDIC believes that the statute can be expressed the view that a regulation contract determined to be adverse and administered without regulation. The dealing with adverse contracts would would have treated all adverse contracts FDIC may decide, however, at a later create an unnecessary regulatory burden uniformly without distinguishing date to publish a new proposal if it and that the Federal banking agencies between contracts with affiliates and determines that the existence of adverse already possess the necessary those with non-affiliates. The proposed contracts has increased or that such supervisory authority to deal with such rule would not have defined with action is otherwise necessary or contracts. Many of the objections to the specificity the types of contracts that appropriate. If the FDIC wishes at a later proposal focused on the possibility of would be considered adverse. Instead, date to promulgate a regulation that treating contracts with affiliates the proposal provided examples of deals with or addresses adverse differently from those with non- terms that could indicate an adverse contracts, it will begin the rulemaking affiliates and were virtually unanimous arrangement and identified prohibited process anew. in their opposition to developing an actions by a discussion of previously In consideration of the foregoing, the additional rule dealing with affiliate encountered abuses. FDIC hereby withdraws proposed new contracts. Other objections to the Under the proposed rule, each Part 334 of Title 12 of the Code of proposed rule focused on: (1) contract would have been evaluated Federal Regulations. separately on the basis of its own terms Inadequacies in the definition of and by comparison with the terms of ‘‘contract’’; (2) the requirement that an By Order of the Board of Directors. similar contracts entered into by the insured institution must rebut a prima Dated at Washington, DC, this 21st day of institution and other institutions. The facie case that a particular contract is March 1995. burden of establishing the propriety of adverse with clear and convincing Federal Deposit Insurance Corporation. a contract with respect to which the evidence; and (3) including Robert E. Feldman, appropriate Federal banking agency has independent contractors as ‘‘institution- Acting Executive Secretary. made an initial determination of adverse affiliated parties’’ who could be joined [FR Doc. 95–7522 Filed 3–27–95; 8:45 am] effect on the institution’s safety or to FDIC cease-and-desist actions against BILLING CODE 6714±01±P soundness would have been on the insured institutions and/or named as institution and its contractor. As respondents in civil money penalty and discussed in the preamble, the prohibition actions. DEPARTMENT OF TRANSPORTATION ‘‘preponderance of evidence’’ standard Policy Statement normally would have applied, but Federal Aviation Administration where there was evidence of bad faith, The FDIC’s policy statement on intentional wrong-doing or fraud, the Development and Review of FDIC Rules 14 CFR Parts 27 and 29 propriety and legality of the contract and Regulations (44 FR 31007, May 30, would have been determined by clear 1979) calls for withdrawal of any Airworthiness Standards; Fiscal Year and convincing evidence. The proposed proposed regulation with respect to 1998 Rotorcraft Research and rule also would have made clear that which final action by the FDIC Board of Development Initiative, Program enforcement actions may be taken Directors has not been taken within nine Identification directly against any contractor, as an months from the date of proposal. The AGENCY: Federal Aviation ‘‘institution-affiliated party’’. FDIC believes that withdrawal of the Administration, DOT. The proposed rule also requested proposed rule is appropriate because no ACTION: Call for part 27 and 29 research specific comment on how to prevent action has been taken with respect to and development program proposals. abuses involving contracts with holding the proposal for over nine months. companies and other affiliates. SUMMARY: This notice announces a call Although an approach for dealing with Effect of Withdrawal of Proposed Rule for proposals that will define the affiliate contracts was discussed in the Section 30 of the Act authorizes (but Federal Aviation Administration (FAA), preamble, no rule was proposed. It was does not require) the FDIC to Aircraft Certification Service, Rotorcraft suggested that the FDIC might establish promulgate such regulations as may be Directorate Research and Development 15884 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

(RE&D) initiative for Fiscal Year (FY) assigned to the appropriate FAA RE&D be used to aid in assessing the relative 1998 by defining and documenting provider organizations when approved value of the proposed RD&D project.) specific, potential RE&D program and when funds are allocated by the Anticipated Benefits/Products and proposals. The call for proposals will budget process. Beneficiaries focus on Aircraft Certification RE&D It should be stressed that the programs that support activity related to proposals that are evaluated as a result (Insert Brief Description of anticipated FAR Parts 27, 29, and associated of this notice, if accepted, will not be benefits/products, who would benefit, operations Parts. Other FAA funded until the overall FAA FY 98 and how) requirements such as flight standards, RE&D submittal is funded, (i.e., at least If an RE&D proposal has been air traffic, or airway facilities will not be two (2) years after their original submitted previously, then (unless a addressed. The FAA is soliciting the submittal on 10/15/95) and that major change or update has been made) public sector to ensure that proposed reprogramming of limited RE&D it is on file and need not be resubmitted. Rotorcraft RE&D requirements will have resources before then is highly unlikely. Copies of this notice are being mailed relevant, practical applications and will Also, the accepted proposals will have to all known interested parties. Any be cost effective. to compete for resources with other interested party who desires but has not DATES: The call for proposals will be requirements identified for RE&D by received a copy of this notice by May 8, open until close of business May 15, other FAA activities. Nonetheless, the 1995, should request a copy from Mary 1995. need clearly exists to identify Rotorcraft June Bruner, FAA Rotorcraft Standards ADDRESSES: Submit comments in Certification RE&D needs to compete for Staff, Fort Worth, TX 76137–0111, triplicate to the Federal Aviation the agency’s RE&D resources. telephone (817) 222–5110. Administration (FAA), Mike Mathias, As a matter of information, there are Issued in Fort Worth, Texas, on March 16, Rotorcraft Standards Staff, Fort Worth, four primary FAA RE&D supplier 1995. Texas 76193–0111. organizations: (1) The Technical Center Eric Bries, (ACD) in Atlantic City, New Jersey; (2) FOR FURTHER INFORMATION CONTACT: Acting Manager, Rotorcraft Directorate, Mike Mathias, Aerospace Engineer, the Research and Development Service Aircraft Certification Service. (ARD) in Washington, D.C.; (3) the Rotorcraft Standards Staff, FAA, [FR Doc. 95–7618 Filed 3–27–95; 8:45 am] Rotorcraft Directorate, Fort Worth, Office of Environment and Energy (AEE) BILLING CODE 4910±13±M Texas 76193–0111; telephone (817) in Washington, D.C.; and (4) the Office 222–5123. of Aviation Medicine’s Civil SUPPLEMENTARY INFORMATION: Each FY Aeromedical Institute (AAM/CAMI) in 14 CFR Part 71 the FAA prepares an RE&D program Oklahoma City, Oklahoma. These organizations perform the RE&D on plan that includes new (and amended) [Airspace Docket No. 95±ASO±7] RE&D proposals. The Aircraft programs that are approved and funded Certification Service’s Rotorcraft through the process. Proposed Establishment of Class D Directorate is responsible for preparing Although not mandatory, the format Airspace; Jackson, TN its part of the overall FAA submittal. of Figure 1 for RE&D proposals is AGENCY: Federal Aviation The philosophy of the RE&D process preferred: Administration (FAA), DOT. is to create an atmosphere that will Figure 1—FY-98 Rotorcraft Directorate ACTION: promote the identification of RE&D Program Description Form Notice of proposed rulemaking. requirements by any person or Originator SUMMARY: This notice proposes to organization in the government or establish Class D airspace at Jackson, private sector. This makes the RE&D (Insert Name, Address, Phone Number, TN. A non-federal control tower is being process more responsive to public sector and Fax Number) commissioned at the Jackson/McKellar- needs. Within the Aircraft Certification Proposed RE&D Program Descriptions & Sipes Regional Airport. Class D airspace Service, the RE&D process places Objectives is required when the control tower is in increased emphasis on FAA Aircraft operation to accommodate current (Insert Brief Description of the proposal Certification Directorate and Division Standard Instrument Approach program and its major goals and level participation in identifying new Procedures (SIAPs) and for instrument objectives) requirements and in sponsoring and flight rules (IFR) operations at the monitoring the resulting RE&D projects. Note: A more detailed description may be airport. This action would also modify Therefore, as part of the overall FAA attached in addition to this summary but is the Class E airspace to classify the and Aircraft Certification initiative, the not mandatory at this time. airspace as part-time when the tower is FAA’s Rotorcraft Directorate is closed. undertaking a directly-related initiative How Would You Accomplish this specifically for the rotorcraft Program? DATES: Comments must be received on community. It has the same basic (Insert Brief Description of your or before May 5, 1995. mission, goals, and procedures as the recommended method of accomplishing ADDRESSES: Send comments on the agency-wide initiative. the proposed RE&D program) proposal in triplicate to: Federal The Rotorcraft Directorate will Aviation Administration, Docket No. implement its segment of the FY-98 Justification/History 95–ASO–7, Manager, System submittal by identifying, describing, (If appropriate, furnish data such as a Management Branch, ASO–530, P.O. evaluating, and cataloging potential concise accident/incident history and Box 20636, Atlanta, Georgia 30320. RE&D requirements (i.e., proposals) for any other relevant statistics or The official docket may be examined potential sponsorship and incorporation information that would show that the in the Office of the Assistant Chief into the overall FAA FY-98 RE&D proposed research is needed, cost- Counsel for Southern Region, Room 550, submittal. This will result in a effective, and applicable to developing a 1701 Columbia Avenue, College Park, coordinated FY-98 rotorcraft solution to the proposed RE&D project. Georgia 30337, telephone (404) 305– requirements package that will be This history/justification input data will 5586. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15885

FOR FURTHER INFORMATION CONTACT: The Proposal § 71.1 [Amended] 2. The incorporation by reference in Michael J. Powderly, System The FAA is considering an Management Branch, Air Traffic 14 CFR 71.1 of Federal Aviation amendment to part 71 of the Federal Administration Order 7400.9B, Airspace Division, Federal Aviation Aviation Regulations (14 CFR part 71) to Administration, P.O. Box 20636, Designations and Reporting Points, establish Class D airspace at Jackson, dated July 18, 1994, and effective Atlanta, Georgia 30320; telephone (404) TN. A non-federal control tower is being 305–5570. September 16, 1994, is amended as commissioned at the Jackson/McKellar- follows: SUPPLEMENTARY INFORMATION: Sipes Regional Airport. Class D airspace is required when the control tower is in Paragraph 5000 Class D airspace. Comments Invited operation to accommodate current * * * * * Interested parties are invited to SIAPs and for IFR operations at the ASO TN D Jackson, TN [New] participate in this proposed rulemaking airport. This action would also modify Jackson/McKellar-Sipes Regional Airport, TN by submitting such written data, views the Class E2 airspace designation to (lat. 35°35′59′′ N, long. 88°54′56′′ W) or arguments as they may desire. classify the airspace as part-time when McKellar VOR/DME Comments that provide the factual basis the tower is closed. Class D airspace (lat. 35°36′13′′ N, long. 88°54′38′′ W) supporting the views and suggestions designations and Class E airspace areas That airspace extending upward from the presented are particularly helpful in designated as a surface area for an surface to and including 2900 feet MSL developing reasoned regulatory airport are published in Paragraphs within a 4.2-mile radius of the Jackson/ decisions on the proposal. Comments 5000 and 6002 respectively of FAA McKellar-Sipes Regional Airport and within 3.1 miles each side of the McKellar VOR/ are specifically invited on the overall Order 7400.9B dated July 18, 1994, and ° regulatory, aeronautical, economic, effective September 16, 1994, which is DME 206 radial, extending from the 4.2-mile radius to 7 miles southwest of the VOR/DME. environmental, and energy-related incorporated by reference in CFR 71.1. This Class D airspace area is effective during aspects of the proposal. The Class D and E airspace designations the specific days and times established in Communications should identify the listed in this document would be advance by a Notice to Airmen. The effective airspace docket and be submitted in published subsequently in the Order. days and times will thereafter be triplicate to the address listed above. The FAA has determined that this continuously published in the Airport/ Facility Directory. Commenters wishing the FAA to proposed regulation only involves an acknowledge receipt of their comments established body of technical * * * * * on this notice must submit with those regulations for which frequent and Paragraph 6002 Class E airspace areas comments a self-addressed, stamped designated as a surface area for an routine amendments are necessary to airport. postcard on which the following keep them operationally current. It, statement is made: ‘‘Comments to therefore, (1) is not a ‘‘significant * * * * * Airspace Docket No. 95–ASO–7.’’ The regulatory action’’ under Executive ASO TN E2 Jackson, TN [Revised] postcard will be date/time stamped and Order 12866; (2) is not a ‘‘significant returned to the commenter. All Jackson/McKellar-Sipes Regional Airport, TN rule’’ under DOT Regulatory Policies (lat. 35°35′59′′ N, long. 88°54′56′′ W) communications received before the and Procedures (44 FR 11034; February specified closing date for comments will McKellar VOR/DME 26, 1979); and (3) does not warrant (lat. 35°36′13′′ N, long. 88°54′38′′ W) be considered before taking action on preparation of a regulatory evaluation as the proposed rule. The proposal Within a 4.2-mile radius of the Jackson/ the anticipated impact is so minimal. McKellar-Sipes Regional Airport and within contained in this notice may be changed Since this is a routine matter that will 3.1 miles each side of the McKellar VOR/ in light of the comments received. All only affect air traffic procedures and air DME 206° radial, extending from the 4.2-mile comments submitted will be available navigation, it is certified that this rule, radius to 7 miles southwest of the VOR/DME. for examination in the Office of the when promulgated, will not have a This Class D airspace area is effective during Assistant Chief Counsel for Southern the specific days and times established in significant economic impact on a Region, Room 550, 1701 Columbia advance by a Notice to Airmen. The effective substantial number of small entities Avenue, College Park, Georgia 30337, days and times will thereafter be under the criteria of the Regulatory both before and after the closing date for continuously published in the Airport/ Flexibility Act. Facility Directory. comments. A report summarizing each * * * * * substantive public contact with FAA List of Subjects in 14 CFR Part 71 Issued in College Park, Georgia, on March personnel concerned with this 14, 1995. Airspace, Incorporation by reference, rulemaking will be filed in the docket. Michael J. Powderly, Navigation (Air). Availability of NPRMs Acting Manager, Air Traffic Division, The Proposed Amendment Southern Region. Any person may obtain a copy of this [FR Doc. 95–7621 Filed 3–27–95; 8:45 am] In consideration of the foregoing, the Notice of Proposed Rulemaking (NPRM) BILLING CODE 4910±13±M by submitting a request to the Federal Federal Aviation administration Aviation Administration, Manager, proposes to amend 14 CFR part 71 as System Management Branch, ASO–530, follows: 14 CFR Part 71 Air Traffic Division, P.O. Box 20636, Atlanta, Georgia 30320. PART 71Ð[AMENDED] [Airspace Docket No. 95±ANE±07] Communications must identify the notice number of this NPRM. Persons 1. The authority citation for 14 CFR Proposed Amendment of Class E interested in being placed on a mailing part 71 continues to read as follows: Airspace; Claremont, NH list for future NPRMs should also Authority: 49 U.S.C. app. 1348(a), 1354(a), AGENCY: Federal Aviation request a copy of Advisory Circular No. 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Administration, DOT. 11–2A which describes the application 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR ACTION: Notice of proposed rulemaking. procedure. 11.69. 15886 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

SUMMARY: This notice proposes to the closing date for comments will be current. It, therefore—(1) is not a amend the Class E5 airspace at considered before taking action on the ‘‘significant regulatory action’’ under Claremont Municipal Airport, proposed rule. The proposal contained Executive Order 12866; (2) is not a Claremont, NH. This revision is in this notice may be changed in light ‘‘significant rule’’ under DOT necessary to provide adequate of comments received. All comments Regulatory Policies and Procedures (44 controlled airspace for the new GPS submitted will be available for FR 11034, February 26, 1979); and (3) Runway 29, Standard Instrument examination in the Rules Docket both does not warrant preparation of a Approach Procedure (SIAP). The before and after the closing date for Regulatory Evaluation as the anticipated proposal would add an extension comments. A report summarizing each economic cost will be so minimal. Since running easterly from the basic radius of substantive public contact with FAA this is a routine matter that will only Class E airspace that extends from 700 personnel concerned with this affect air traffic procedures and air feet above the surface. rulemaking will be filed in the docket. navigation, the FAA certifies that this DATES: Comments must be received on Availability of NPRM’s rule will not have a significant or before April 27, 1995. economic impact on a substantial Any person may obtain a copy of this ADDRESSES: Send comments on the number of small entities under the Notice of Proposed Rulemaking (NPRM) proposal in triplicate to: Manager, criteria of the Regulatory Flexibility Act. by submitting a request to the Federal System Management Branch, ANE–530, Aviation Administration, System List of Subjects in 14 CFR Part 71 Federal Aviation Administration, 12 Management Branch, Air Traffic New England Executive Park, Airspace, Incorporation by reference, Division, 12 New England Executive Burlington, MA 01803–5299. Navigation (air). Park, Burlington, MA 02108–5299. The official docket may be examined The Proposed Amendment in the Office of the Assistant Chief Communications must identify the notice number of this NPRM. Persons Counsel for the New England Region, Accordingly, pursuant to the interested in being placed on a mailing ANE–7, 12 New England Executive authority delegated to me, the Federal list for future NPRM’s should also Park, Burlington, MA 01803–5299; Aviation Administration proposes to request a copy of Advisory Circular No. telephone (617) 238–7049; fax (617) amend part 71 of the Federal Aviation 11–2A which describes the application 238–7055. Regulations (14 CFR part 71) as follows: An informal docket may also be procedure. PART 71Ð[AMENDED] examined during normal business hours The Proposal in the Office of the Manager, System The FAA is considering an 1. The authority citation for part 71 Management Branch, Air Traffic amendment to part 71 of the Federal continues to read as follows: Division, ANE–530, at the first address Aviation Regulations (14 CFR part 71) to Authority: 49 U.S.C. app. 1348(a), 1354(a), shown above. increase the Class E airspace in the 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– FOR FURTHER INFORMATION CONTACT: vicinity of Claremont Municipal 1963, Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Joseph A. Bellabona, System Airport, Claremont, NH. The proposal 11.69. Management Branch, ANE–536, Federal would add to the basic radius of Class § 71.1 [Amended] Aviation Administration, 12 New E airspace that extends upward from 2. The incorporation by reference in England Executive Park, Burlington, MA 700 feet above the surface, airspace 14 CFR 71.1 of the Federal Aviation 01803–5299; telephone (617) 238–7536; within 2 miles on each side of the 094° Administration Order 7400.9B, Airspace fax (617) 238–7596. bearing from the Claremont Non- Designations and Reporting Points, Directional Beacon (NDB) extending SUPPLEMENTARY INFORMATION: dated July 18, 1994, and effective from the 5.5-mile radius to 15.3 miles September 16, 1994, is amended as Comments Invited east of the Claremont NDB. This follows: Interested parties are invited to proposal would not affect that airspace participate in this proposed rulemaking within the Springfield, VT, Concord, Paragraph 6005 Class E airspace areas by submitting such written data, views, NH, and Lebanon, NH, Class E areas. extending upward from 700 feet or more or arguments as they may desire, event This proposal is necessary to provide above the surface of the earth. that provides the factual basis adequate controlled airspace for the new * * * * * supporting the view and suggestions GPS Runway 29, Standard Instrument ANE NH E5 Claremont, NH [Amended] presented are particularly helpful in Approach Procedure at Claremont Claremont NDB developing reasoned regulatory Municipal Airport, Claremont, NH. (lat. 43°22′10′′ N, long. 72°22′16′′ W) decisions on the proposal. Comments Class E airspace designations for That airspace extending upward from 700 are specifically invited on the overall airspace areas extending upward from feet above the surface within a 5.5 mile regulatory, economic, environmental, 700 feet or more above the surface of the radius of the Claremont NDB; and within 2 and energy-related aspects of the earth are published in paragraph 6005 of miles on each side of the 094° bearing from proposal. Communications should FAA Order 7400.9B, dated July 18, the Claremont NDB, extending from 5.5-mile identify the airspace docket number and 1994, and effective September 16, 1994, radius to 15.3 miles east of the Claremont be submitted in triplicate to the address which is incorporated by reference in 14 NDB; excluding that airspace within the listed above. Commenters wishing the CFR 71.1. The Class E airspace Springfield, VT, Concord, NH, and Lebanon, FAA to acknowledge receipt of their designation listed in this document NH, Class E areas. comments on this notice must submit would be published subsequently in the * * * * * with those comments a self-addressed, Order. Issued in Burlington, Massachusetts, on stamped postcard on which the The FAA has determined that this March 17, 1995. following statement is made: ‘‘Comment proposed regulation involves only an Francis J. Johns, to Airspace Docket No. 95–ANE–07.’’ established body of technical Manager, Air Traffic Division, New England The postcard will be date/time stamped regulations for which frequent and Region. and returned to the commenter. All routine amendments are necessary to [FR Doc. 95–7620 Filed 3–27–95; 8:45 am] communications received on or before keep these regulations operationally BILLING CODE 4910±13±M Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15887

14 CFR Part 71 FAA to acknowledge receipt of their The FAA has determined that this comments on this notice must submit proposed regulation only involves an [Airspace Docket No. 94±ASW±10] with those comments a self-addressed, established body of technical Proposed Alteration of Jet Route J±66 stamped postcard on which the regulations for which frequent and following statement is made: routine amendments are necessary to AGENCY: Federal Aviation ‘‘Comments to Airspace Docket No. 94– keep them operationally current. It, Administration (FAA), DOT. ASW–10.’’ The postcard will be date/ therefore—(1) is not a ‘‘significant ACTION: Notice of proposed rulemaking. time stamped and returned to the regulatory action’’ under Executive commenter. All communications SUMMARY: This proposed rule would Order 12866; (2) is not a ‘‘significant received on or before the specified rule’’ under DOT Regulatory Policies alter Jet Route J–66 from the Dallas-Fort closing date for comments will be Worth, TX, Very High Frequency and Procedures (44 FR 11034; February considered before taking action on the 26, 1979); and (3) does not warrant Omnidirectional Range/Tactical Air proposed rule. The proposal contained preparation of a regulatory evaluation as Navigation (VORTAC), via the Bonham, in this notice may be changed in light the anticipated impact is so minimal. TX, VORTAC, to the Little Rock, AR, of comments received. All comments VORTAC. Altering J–66 would enhance submitted will be available for Since this is a routine matter that will the flow of air traffic, simplify routings examination in the Rules Docket both only affect air traffic procedures and air in the northeast vicinity of the Dallas- before and after the closing date for navigation, it is certified that this rule, Fort Worth metroplex area, and reduce comments. A report summarizing each when promulgated, will not have a controller and pilot workload. substantive public contact with FAA significant economic impact on a DATES: Comments must be received on personnel concerned with this substantial number of small entities or before May 12, 1995. rulemaking will be filed in the docket. under the criteria of the Regulatory ADDRESSES: Send comments on the Flexibility Act. Availability of NPRM’s proposal in triplicate to: Manager, Air List of Subjects in 14 CFR Part 71 Traffic Division, ASW–500, Docket No. Any person may obtain a copy of this 94–ASW–10, Federal Aviation Notice of Proposed Rulemaking (NPRM) Airspace, Incorporation by reference, Administration, 4400 Blue Mound by submitting a request to the Federal Navigation (air). Road, Fort Worth, TX 76193–0500. Aviation Administration, Office of The official docket may be examined Public Affairs, Attention: Public Inquiry The Proposed Amendment in the Rules Docket, Office of the Chief Center, APA–220, 800 Independence Counsel, Room 916, 800 Independence In consideration of the foregoing, the Avenue, SW., Washington, DC 20591, or Federal Aviation Administration Avenue, SW., Washington, DC, by calling (202) 267–3485. proposes to amend 14 CFR part 71 as weekdays, except Federal holidays, Communications must identify the follows: between 8:30 a.m. and 5 p.m. notice number of this NPRM. Persons An informal docket may also be interested in being placed on a mailing PART 71Ð[AMENDED] examined during normal business hours list for future NPRM’s should also at the office of the Regional Air Traffic request a copy of Advisory Circular No. Division. 1. The authority citation for part 71 11–2A, which describes the application continues to read as follows: FOR FURTHER INFORMATION CONTACT: procedure. William C. Nelson, Airspace and Authority: 49 U.S.C. app. 1348(a), 1354(a), Obstruction Evaluation Branch (ATP– The Proposal 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 240), Airspace–Rules and Aeronautical The FAA is considering an 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Information Division, Air Traffic Rules amendment to part 71 of the Federal 11.69. and Procedures Service, Federal Aviation Regulations (14 CFR part 71) to § 71.1 [Amended] Aviation Administration, 800 alter J–66 from the Dallas-Fort Worth, Independence Avenue SW., TX, VORTAC, to the Little Rock, AR, 2. The incorporation by reference in Washington, DC 20591; telephone: (202) VORTAC. This proposed rule would 14 CFR 71.1 of the Federal Aviation 267–9295. alter that portion of J–66 within the Administration Order 7400.9B, Airspace SUPPLEMENTARY INFORMATION: State of Texas from the Dallas-Fort Designations and Reporting Points, Worth VORTAC, via the Bonham dated July 18, 1994, and effective Comments Invited VORTAC, to the Little Rock VORTAC. September 16, 1994, is amended as Interested parties are invited to Additionally, the Glove intersection follows: participate in this proposed rulemaking would be established at the Texarkana Paragraph 2004 Jet Routes by submitting such written data, views, 279°T(286°M) and the Bonham or arguments as they may desire. 056°T(064°M) radials to assist * * * * * Comments that provide the factual basis navigation along J–66. Altering J–66 J–66 [Revised] supporting the views and suggestions would enhance the flow of air traffic, From Newman, TX; Abilene, TX; Dallas-Fort presented are particularly helpful in simplify routings in the northeast Worth, TX; Bonham, TX; Little Rock, AR; developing reasoned regulatory vicinity of the Dallas-Fort Worth Memphis, TN; to Rome, GA. decisions on the proposal. Comments metroplex area, and reduce controller * * * * * are specifically invited on the overall and pilot workload. Jet routes are Issued in Washington, DC, on March 16, regulatory, aeronautical, economic, published in paragraph 2004 of FAA 1995. environmental, and energy-related Order 7400.9B dated July 18, 1994, and aspects of the proposal. effective September 16, 1994, which is Harold W. Becker, Communications should identify the incorporated by reference in 14 CFR Manager, Airspace—Rules and Aeronautical airspace docket number and be 71.1.The jet route listed in this Information Division. submitted in triplicate to the address document would be published [FR Doc. 95–7619 Filed 3–27–95; 8:45 am] listed above. Commenters wishing the subsequently in the Order. BILLING CODE 4910±13±M 15888 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

DEPARTMENT OF LABOR of issues are now occurring at the revised either because they are unclear, meetings. inefficient, or interfere with normal Occupational Safety and Health All interested parties are invited to market conditions. Comments were Administration attend the Committee meetings at the received from the March 1 document time and place indicated above. No (the Notice) and acknowledged by MMS 29 CFR Part 1926 advanced registration is required. in a July 15, 1994, document (59 FR Seating will be available to the public 36108). Steel Erection Negotiated Rulemaking on a first-come, first-served basis. The purpose of this document is to: Advisory Committee Individuals with disabilities wishing to Provide a status update of the MMS AGENCY: Occupational Safety and Health attend should contact the Facilitator to action taken on the regulations Administration (OSHA), Labor. obtain appropriate accommodations. identified in the March 1 review; and During the meeting, members of the provide the public a second opportunity ACTION: Notice of committee meeting. general public may informally request to identify MMS regulations that should SUMMARY: Under the provisions of the permission to address the Committee. be eliminated or revised. A list of Federal Advisory Committee Act Minutes of the meetings and materials regulations identified for elimination (FACA), notice is hereby given of a prepared for the Committee will be will be sent to the President by June 1, meeting of the Steel Erection Negotiated available for public inspection at the 1995. Rulemaking Advisory Committee OSHA Docket Office, N–2625, 200 DATES: Written comments must be (SENRAC). Notice is also given of the Constitution Ave., N.W., Washington, received by April 27, 1995. D.C. 20210; telephone (202) 219–7894. location of the meeting. This meeting ADDRESSES: Mail written comments to Copies of these materials may be will be open to the public. Information Department of the Interior; Minerals obtained by sending a written request to on room numbers will be available in Management Service; Mail Stop 4013; the Facilitator. the lobby of the designated building. A 1849 C Street NW.; Washington, DC The Facilitator, Philip J. Harter, can schedule of additional meetings will be 20240; Attention: Bettine Montgomery, be reached at Suite 404, 2301 M Street, provided in a future notice. MMS Regulatory Coordinator, Policy NW, Washington, D.C. 20037; telephone and Management Improvement. DATES: The meeting is scheduled for (202) 887–1033, FAX (202) 887–1036. April 17–19, 1995. The meeting will FOR FURTHER INFORMATION CONTACT: begin at 1:00 p.m. on April 17th. Authority: This document was prepared Bettine Montgomery, Policy and under the direction of Joseph A. Dear, Management Improvement, telephone ADDRESSES: Hyatt Hotel at Dulles Assistant Secretary of Labor for Occupational Airport—2300 Dulles Corner Boulevard, Safety and Health, U.S. Department of Labor, (202) 208–3976; Fax (202) 208–4891. Herndon, VA 22071; telephone (703) 200 Constitution Avenue, N.W., Washington, SUPPLEMENTARY INFORMATION: MMS 713–1234. D.C. 20210, pursuant to section 3 of the began a review of its regulations in early Negotiated Rulemaking Act of 1990, 104 Stat. 1994 pursuant to the directives FOR FURTHER INFORMATION CONTACT: Ann 4969, Title 5 U.S.C. 561 et seq.; and Section contained in the President’s Executive Cyr, Acting Director, Office of 7(b) of the Occupational Safety and Health Order 12866. The Executive Order calls Information and Consumer Affairs, Act of 1970, 84 Stat. 1597, Title 29 U.S.C. for periodic regulatory reviews to ensure OSHA, U.S. Department of Labor, Room 656. that all significant regulations are N–3647, 200 Constitution Avenue, Signed at Washington, DC, this 22nd day efficient and effective, impose the least N.W., Washington, D.C. 20210; of March 1995. possible burden upon the public, and telephone (202) 219–8151. Joseph A. Dear, are tailored no broader than necessary to SUPPLEMENTARY INFORMATION: On May Assistant Secretary of Labor. meet the agency’s objectives and 11, 1994, OSHA announced that it had [FR Doc. 95–7527 Filed 3–27–95; 8:45 am] presidential priorities. established the Steel Erection BILLING CODE 4510±26±P MMS invited the public to participate Negotiated Rulemaking Advisory in the regulatory review. The invitation Committee (SENRAC)(59 FR 24389) in was sent out via different media, namely accordance with the Federal Advisory DEPARTMENT OF THE INTERIOR a notice dated March 1, 1994 (59 FR Committee Act (FACA), the Negotiated 9718), MMS and independent Rulemaking Act of 1990 (NRA) and Minerals Management Service publications, and public speeches by section 7(b) of the Occupational Safety MMS officials during that time. and Health Act (OSH Act) to resolve 30 CFR Chapter II MMS received approximately 40 issues associated with the development public comments which were almost Review of Existing Regulations of a Notice of Proposed Rulemaking on equally divided between its Royalty Steel Erection. Appointees to the AGENCY: Minerals Management Service, Management and Offshore Minerals Committee include representatives from Interior. Management Programs. MMS labor, industry, public interests and ACTION: Review of regulations; request acknowledged the comments in a July government agencies. for comment. 15, 1994, notice (59 FR 36108) and set SENRAC began negotiations in mid forth its planned actions to address the June, 1994, and has met six times since. SUMMARY: In a March 1, 1994, document comments, along with an estimated Initial meetings dealt with procedural (59 FR 9718), the Minerals Management timetable for the actions. matters, including schedules, agendas Service (MMS) announced its intent to This notice updates the MMS planned and the establishment of workgroups. establish periodic reviews of its actions and related timetables. This The Committee established workgroups significant regulations and asked the notice also requests additional to address issues on Fall Protection, public to participate in the reviews. The comments form the public identifying Allocation of Responsibility, purpose of the reviews is to identify and regulations that should be either Construction Specifications and Scope. eliminate regulations that are obsolete, eliminated or revised. During subsequent meetings, ineffective, or burdensome. In addition, In recent years, MMS has made an foundations for negotiations have been the reviews are meant to identify effort to work more closely with its established and preliminary resolutions essential regulations that should be regulated customers and will increase Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15889 this effort in the future. During the past under certain situations (e.g., deepwater industry. At this time, MMS does not year, MMS has worked with prospects, well tests, etc.) and clarify plan on revising its regulations. representatives from organizations criteria for flaring or venting small 3. Regulations Governing Safety and affected by its regulations and brought amounts of gas’’, Pollution Prevention Equipment (30 them into the early development of two (b) ‘‘Revise requirements associated CFR 250.126) major rulemakings. The representatives with subsea installations * * *, etc. formed committees or work groups Action Planned—An MMS workgroup Comments Received—‘‘Reduce under the negotiated rulemaking is finalizing a report that recommends associated administrative burden on process. They either have been or will revising various policies and regulations lessees and operators by eliminating be working together to form a consensus associated with deepwater unnecessary record keeping on some very difficult and sometimes development. The workgroup will requirements (i.e., inventory lists, contentious issues. The representatives submit the final report to MMS paperwork notifications, etc.).’’ function as the spokesperson on behalf management in March 1995. The report Action Planned—MMS considered of either industry, States, Tribes, or will include the following the use of a negotiated rulemaking as local governments. recommendations: part of this review. MMS is committed to working more For (a) above, current regulations Timetable—MMS has initiated the closely with its regulated customers in provide sufficient flexibility to meet ‘‘convening’’ stage of the negotiated the future; moving from a process of industry needs while all parties gain rulemaking. This stage is nearing regulation to one of partnership, with greater experience with deepwater completion and the ‘‘convener’s’’ common objectives. In a speech on operations. MMS will continue recommendation on whether to proceed February 21, 1995, the President asked approving requests for extended gas with the negotiated rulemaking will be all Federal agencies to pursue a similar flaring and well testing on a case-by- made by April 1995. If the ‘‘convener’’ course. He asked them to change their case basis. Regions will establish recommends against a negotiated regulatory culture by consulting more regional guidelines for approval of rulemaking, MMS will use other means frequently with the people affected by extended testing and flaring. to address this issue. their (the agency) regulations, in For (b) above, revise the leakage rates 4. Regulations Governing Conservation particular by convening groups and extend the testing frequency and of Resources and Diligence (30 CFR 250, consisting of front-line regulators and closure time requirements for Subpart A, General and Subpart K, Oil the regulated public, in order to find underwater safety valves and subsurface and Gas Production Rates) ways to achieve the public interest safety valves for subsea wells. MMS will while avoiding costly litigation. The Comments Received—(a) ‘‘Revise consider an alternate arrangement of Suspension of Production approval/ President also asked all agencies to underwater safety valves for subsea identify (by June 1, 1995) regulations lease holding criteria * * *’’, (b) wells on a case-by-case basis. MMS will ‘‘Revise Determination of Well that can be eliminated and to change the not revise the leakage rate requirements way they measure performance Producibility to make wireline testing for surface safety valves at this time. and/or mud logging analysis optional (focusing on achieving regulatory This recommendation also addresses objectives rather than on increasing ** *’’, (c) ‘‘revise current regulations emergency shutdown system to provide for approval of extended compliance orders). MMS is interested requirements for subsea wells. in comments from the public on how we flaring periods * * *’’, (d) ‘‘Relax Timetable—Based on the restrictions on commingling reservoirs can best respond to the President’s recommendations of the workgroup, guidance. in a common wellbore * * *’’, (e) MMS will formulate a policy on ‘‘Allow flexibility in the methods of MMS regulations are found at Title 30 deepwater activities. MMS will in the Code of Federal Regulations. Parts testing subsea wells. * * *’’, etc. continue to work with operators under Action Planned—(a), (b), and, (d) 201 through 243 contain regulations existing regulations when appropriate. applicable to MMS’ Royalty above have been reviewed by MMS. Management Program; Parts 250 through 2. Regulations Applicable to Blowout MMS is considering options to revise 282 are applicable to MMS’ Offshore Preventer (BOP) Testing and the regulations. For (c) above, MMS will Minerals Management; and Part 290 is Maintenance Requirements (30 CFR review current regulations when air applicable to Administrative Appeals. 250.56 and 57) quality studies currently underway are completed. For (e) above, MMS will not Status Report Comments Received—‘‘Revise BOP change the regulations. Current testing regulations to allow for less The following is a discussion showing regulations allow operators to request frequent and shorter tests. Allow 14 day the progress MMS has made in that different testing methods be BOP test interval vs. current 7 day reviewing its regulations in response to allowed when conventional testing is * * *.’’ the comments received to the Notice. impractical. Action Planned—MMS recently Timetable—For (a), (b), and, (d) A. Offshore Minerals Management completed a study to assess the above, the course of action should be (OMM) Program performance of BOP systems during determined by the summer of 1995. In response to the public comments testing. The results of this study did not Rulemaking will be initiated if on the Notice, OMM is currently support industry claims about the high appropriate. reviewing the following eight sections of reliability of BOP equipment or provide 5. Regulations Regarding Construction OMM regulations. justification for less frequent testing. Timetable—MMS will continue its and Removal of Platforms and 1. Regulations Applicable to Production review of BOP testing and maintenance Structures (30 CFR 250, Subpart I, in Deepwater (30 CFR Part 250, Subpart requirements, with a focus on stricter Platforms and Structures) H, Production) maintenance requirements. With Comments Received—(a) ‘‘Modify Comments Received—(a) ‘‘Revise improved performance, MMS would platform design wave return period current regulations to provide for consider if further flexibility on BOP calculation by placing a cap of 100 years approval of extended flaring periods testing frequency can be provided to on the field life calculation * * *’’, (b) 15890 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

‘‘Adopt API RP2A (20th edition) Section Action Planned—MMS has issued an Timetable—The first meeting of the 14, Surveys, in its entirety * * *’’, (c) Advance Notice of Proposed Committee was held on February 22 and ‘‘Revise site clearance requirements Rulemaking and received comments. A 23, 1995. ** *’’, (d) ‘‘Revise requirements for Notice of Proposed Rulemaking (NPR) 2. Regulations Clarifying the placing protective domes over well which would provide greater flexibility Responsibilities of Payors and Lessees stubs * * *’’, etc. to Industry is being prepared at this (30 CFR 218 and 211) Action Planned—For (a) above, MMS time. has reviewed this request. MMS is Timetable—The NPR should be Comments Received—‘‘Existing reviewing options to revise its published by late 1995. regulations are unclear as to the regulations. For (b) above, MMS will not obligations and liabilities of payors and modify the regulations. Current rules B. Royalty Management Program (RMP) lessees.’’ allow operators to petition for longer Action Planned—A workgroup was RMP is reviewing regulations in the assembled to review the options inspection intervals. For (c) and (d) following six areas. above, MMS published a notice on associated with this issue. The February 1, 1995 (60 FR 6281), asking 1. Regulations Applicable to Valuation workgroup reached agreement and for comments on these issues. Based on of Gas Produced From Unitized/ developed a proposed rule. The rule the responses, MMS will formulate a Communitized Properties (Takes vs. will establish liability for royalty due on policy. Entitlements). Also, Regulations Federal and Indian leases, and will Timetable—For (a) above, the course Applicable to Non-Arm’s-Length Sales clarify the responsibility to pay and of action should be determined by the (30 CFR 202), and Payment/Reporting report royalty and other payments. summer of 1995. Appropriate action Systems Timetable—MMS plans to publish the proposed rule by mid-1995. will follow. For (c) and (d) above, To resolve the complex issues dealing comments were due on March 3, 1995. with the valuation of gas for royalty 3. Refunds Due to Industry Which Are MMS will consider regulatory options purposes, MMS is using the negotiated Controlled by Section 10 of the Outer following analysis of the comments. A rulemaking process. This process Continental Shelf Lands Act course of action should be established enables MMS to arrive at a consensus Comments Received—Industry has by the fall of 1995. with industry, the States, and Indian difficulty complying with the 2-year 6. Regulations Applicable to Directional tribes. All Committee meetings are limitation on refunds. There is an Surveys (30 CFR 250.51) announced in the Federal Register. inequity between the 2-year refund Comments Received—‘‘Regulations requirement and the no-year limitation Comments Received—‘‘Revise concerning Takes vs. Entitlements are for MMS to collect royalty directional survey requirements to allow confusing and make compliance underpayments. a composite measurement-while-drilling difficult * * * valuing gas under a non- Action Taken—On July 28, 1994, directional survey to be acceptable arm’s-length transaction is burdensome MMS published a final rule titled * * *’’ * * *.’’ ‘‘Offsets, Recoupments and Refunds of Action Planned—MMS has completed Excess Payments of Royalties, Rentals, a review of this issue and is planning to Action Planned on Federal Leases— Formed the Federal Gas Valuation Bonuses, or Other Amounts Under update the regulations to keep up with Federal Offshore Minerals Leases’’ (59 current technology. Negotiated Rulemaking Committee with representation from MMS, industry, and FR 38359). This rule established Timetable—Proposed changes to the procedures for obtaining refunds and regulations are being circulated the States. The Committee addressed valuation of gas produced from credits of excess payments and clarifies internally. Proposed rule should be what payments are not subject to prepared by summer of 1995. agreements (Takes vs. Entitlements), the benchmark valuation system for valuing Section 10’s requirements. The rule also 7. Regulations Applicable to Daily gas sold under non-arm’s-length provides for a de minimus exception to Pollution Inspection Requirements (30 contracts, and reporting simplicity and the MMS approval process. CFR 250.41) administrative cost savings. MMS is 4. Penalties and Assessments now preparing a proposed rule based on Comments Received—‘‘Revise current Comments Received—Recent the consensus arrived at by the requirements for daily pollution regulations and pending legislation tend Committee in early February. inspection of unmanned production toward ever increasing penalties and facilities * * *.’’ Timetable—MMS plans to publish a assessments. Sufficient incentives Action Planned—MMS is currently proposed rule by mid-1995. already exist to ensure correct and studying this issue to see if changes to Action Planned on Indian Leases— timely payments. Many reporting errors the regulations are warranted. MMS has obtained approval for a by payors are due to unavoidable Timetable—By summer of 1995, MMS negotiated rulemaking for revising circumstances. Severe penalties are will make a decision on whether Indian gas valuation regulations. An unjustified. changes to the regulations are needed. informal MMS group had been studying Action Taken—MMS has used the issues, but MMS has now penalties and assessments not so much 8. Regulations Applicable to Production superseded this group with the Indian to punish but to ensure compliance with Safety System Training (30 CFR Gas Valuation Negotiated Rulemaking the Federal Oil and Gas Royalty 250.214) Committee. This Committee consists of Management Act (FOGRMA). FOGRMA Comments Received—‘‘Revise representatives from MMS, various requires MMS to distribute money to training regulations to reduce the Indian tribes, the Council of Energy shareholders in the same month it is associated burden on operators by Resources Tribes, the Bureau of Indian collected from payors on Federal and modifying requirements (e.g., frequency, Affairs, and industry. The Committee Indian leases. Without an effective refresher requirements, structure, etc.) will discuss major portion analysis, dual strategy to encourage timely and and allow expanded training delivery accounting, and percentage of proceeds accurate reporting, the collection and modes.’’ contracts. distribution system could quickly fall Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15891 out of compliance with the demands of also received about closing audit EPA’s final action on this NPRM will the legislation. MMS, however, is periods and receiving orders to perform incorporate these rules into the federally looking at situations where it can ease self-audits. Finally, there were approved SIP. In addition, final action some of the reporting requirements and comments received about the estimated on these rules will serve as a final minimize assessments. For example, royalty payment system and that determination that deficiencies in each MMS has taken action to adjust its guidance given to payors over the phone rule identified by EPA in a limited billing thresholds to minimize was overruled by RMP auditors. approval/limited disapproval action on ‘‘nuisance’’ bills for trivial assessments. Action Taken—The administrative August 30, 1993 have been corrected In a related area, MMS is addressing offset and credit adjustment rules have and that any sanctions or Federal the financial impacts incurred by payors been consolidated as a final rule. MMS Implementation Plan (FIP) obligations that fail to timely file certain forms. recognizes that many companies oppose are permanently stopped. An Interim MMS formed a study group to evaluate these rules but considers the rules to be Final Determination published in the existing regulatory requirements for important enough that they should today’s Federal Register will defer the oil and gas allowances including the proceed to the final rulemaking stage. imposition of sanctions until EPA takes assessments and sanctions for untimely Some of the issues regarding closing final rulemaking action. EPA has filed forms. The Study Group was audit periods and orders to perform evaluated each of these rules and is comprised of representatives from recalculations of royalties are being proposing to approve them under MMS, industry, and the State and Tribal addressed in a manual MMS is provisions of the CAA regarding EPA Royalty Audit Committee. It addressed preparing on audit procedures. With action on SIP submittals, SIPs for the need for and equity of allowance respect to the other comments received, national primary and secondary ambient payback and late payment interest MMS will address them in order ways, air quality standards and plan charges for untimely filed forms. The such as ongoing customer service requirements for nonattainment areas. Study Group found that the penalties initiatives. DATES: Comments must be received on were not consistent with the crime and Timetable—Publication of the or before April 27, 1995. proposed alternatives to the payback administrative offset-credit adjustment ADDRESSES: Comments may be mailed penalty. MMS has prepared two final rule is scheduled for mid-1995. to: Daniel A. Meer, Rulemaking Section proposed rules to implement the Study The audit manual will be available later [A–5–3], Air and Toxics Division, U.S. Group’s recommendations—one dealing this year. Environmental Protection Agency, with oil and gas, and one dealing with Dated: March 22, 1995. Region IX, 75 Hawthorne Street, San coal. Cynthia Quarterman, Francisco, CA 94105–3901. Timetable—MMS plans to publish the Copies of the rules and EPA’s proposed rules by mid-1995. Acting Director, Minerals Management Service. evaluation report of each rule are 5. The Appeals Process [FR Doc. 95–7534 Filed 3–27–95; 8:45 am] available for public inspection at EPA’s Comments Received—Current appeals BILLING CODE 4310±MR±M Region 9 office during normal business process is too long. hours. Copies of the submitted rules are Action Taken—MMS has undertaken also available for inspection at the a streamlining review of its ENVIRONMENTAL PROTECTION following locations: administrative appeals process. MMS AGENCY California Air Resources Board, has transferred decisionmaking on Stationary Source Division, Rule routine appeals from the Appeals 40 CFR Part 52 Evaluation Section, 2020 ‘‘L’’ Street, Division to the Royalty Management [CA±144±2±6918a; FRL±5179±3] Sacramento, CA 95814. Program. This has reduced the Appeals San Diego County Air Pollution Control Division’s workload by 20 percent and Approval and Promulgation of District, 9150 Chesapeake Drive, San freed up staff to work on more complex Implementation Plans; California State Diego, CA 92123. appeals cases. Implementation Plan Revision, San San Joaquin Valley Unified Air MMS also initiated three pilot Diego County Air Pollution Control Pollution Control District 1999 programs in its streamlining efforts. One District and San Joaquin Valley Unified Tuolumne Street, Fresno, CA 93721. pilot program aims to decrease the time Air Pollution Control District FOR FURTHER INFORMATION CONTACT: Mae and expense incurred by MMS in its Wang, Rulemaking Section [A–5–3], Air preparation of an appellant’s AGENCY: Environmental Protection Agency (EPA). and Toxics Division, U.S. administrative record. A second pilot Environmental Protection Agency, ACTION: program involves reformatting the Notice of proposed rulemaking Region IX, 75 Hawthorne Street, San decisionmaking process to speed the (NPRM). Francisco, CA 94105–3901, (415) 744– issuance of shorter, more timely 1200. decisions. The third pilot program will SUMMARY: EPA is proposing to approve test the use of alternative dispute revisions to the California State SUPPLEMENTARY INFORMATION: Implementation Plan (SIP) which resolution mechanisms to resolve many Applicability of the administrative appeals. concern the control of volatile organic Timetable—The first two pilots were compound (VOC) emissions from fixed The rules being proposed for approval put in place the latter half of 1994, and and floating roof tanks at bulk plants into the California SIP include: San the third pilot began the end of February and terminals; and fugitives at light Diego County Air Pollution Control 1995. crude oil production, gas production, District (SDCAPCD) Rule 61.1, and natural gas processing facilities. Receiving and Storing Volatile Organic 6. Other The intended effect of proposing Compounds at Bulk Plants and Bulk Comments Received—MMS received approval of these rules is to regulate Terminals; and San Joaquin Valley unfavorable comments on proposed emissions of VOCs in accordance with Unified Air Pollution Control District rules concerning administrative offset the requirements of the Clean Air Act, (SJVUAPCD) Rule 4403, Components and credit adjustments. Comments were as amended in 1990 (CAA or the Act). Serving Light Crude Oil or Gases at 15892 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

Light Crude Oil and Gas Production classified as marginal or above as of the requirement. The following is EPA’s Facilities and Components at Natural date of enactment. It requires such areas evaluation and proposed action for Gas Processing Facilities. These rules to adopt and correct RACT rules these rules. were submitted by the California Air pursuant to pre-amended section 172(b) EPA Evaluation and Proposed Action Resources Board to EPA on January 24, as interpreted in pre-amendment 1995 and February 24, 1995 guidance.4 EPA’s SIP-Call used that In determining the approvability of a respectively. guidance to indicate the necessary VOC rule, EPA must evaluate the rule for consistency with the requirements of Background corrections for specific nonattainment areas. Both the San Diego County Area the CAA and EPA regulations, as found On March 3, 1978, EPA promulgated and the San Joaquin Valley Area are in section 110 and Part D of the CAA a list of ozone nonattainment areas classified as serious; 5 therefore, these and 40 CFR Part 51 (Requirements for under the provisions of the Clean Air areas were subject to the RACT fix-up Preparation, Adoption, and Submittal of Act, as amended in 1977 (1977 CAA or requirement and the May 15, 1991 Implementation Plans). The EPA pre-amended Act), that included the deadline. interpretation of these requirements, San Diego County Area and San Joaquin The State of California submitted which forms the basis for today’s action, Valley Area which includes the many revised RACT rules for appears in the various EPA policy following eight air pollution control incorporation into its SIP on January 24, guidance documents listed in footnote districts (APCDs): Fresno County APCD, 1995 and February 24, 1994, including 4. Among those provisions is the Kern County APCD,1 Kings County the rules being acted on in this requirement that a VOC rule must, at a APCD, Madera County APCD, Merced document. This document addresses minimum, provide for the County APCD, San Joaquin County EPA’s proposed action for SDCAPCD implementation of RACT for stationary APCD, Stanislaus County APCD, and Rule 61.1, Receiving and Storing sources of VOC emissions. This 2 Tulare County APCD. 43 FR 8964; 40 Volatile Organic Compounds at Bulk requirement was carried forth from the CFR 81.305. Because these areas were Plants and Bulk Terminals; and pre-amended Act. unable to meet the statutory attainment SJVUAPCD Rule 4403, Components For the purpose of assisting state and date of December 31, 1982, California Serving Light Crude Oil or Gases at local agencies in developing RACT requested under section 172(a)(2), and Light Crude Oil and Gas Production rules, EPA prepared a series of Control EPA approved, an extension of the Facilities and Components at Natural Technique Guideline (CTG) documents. 3 attainment date to December 31, 1987. Gas Processing Facilities. SDCAPCD The CTGs are based on the underlying 40 CFR 52.222. On May 26, 1988, EPA adopted Rule 61.1 on January 10, 1995 requirements of the Act and specify the notified the Governor of California, and SJVUAPCD adopted Rule 4403 on presumptive norms for what is RACT pursuant to section 110(a)(2)(H) of the February 16, 1995. These submitted for specific source categories. Under the pre-amended Act, that the above rules were found to be complete on CAA, Congress ratified EPA’s use of districts’ portions of the California SIP February 24, 1995 and March 10, 1995 these documents, as well as other were inadequate to attain and maintain pursuant to EPA’s completeness criteria Agency policy, for requiring States to the ozone standard and requested that that are set forth in 40 CFR Part 51 ‘‘fix-up’’ their RACT rules. See section deficiencies in the existing SIP be Appendix V 6 and are being proposed 182(a)(2)(A). The CTGs applicable to corrected (EPA’s SIP-Call). On for approval into the SIP. these rules are entitled, ‘‘Control of November 15, 1990, the Clean Air Act SDCAPCD Rule 61.1 controls VOC Volatile Organic Emissions from Amendments of 1990 were enacted. emissions from fixed and floating roof Petroleum Liquid Storage in External Public Law 101–549, 104 Stat. 2399, tanks at bulk plants and terminals. Floating Roof Tanks,’’ EPA 450/2–78– codified at 42 U.S.C. 7401–7671q. In SJVUAPCD Rule 4403 controls VOC 047; ‘‘Control of Volatile Organic amended section 182(a)(2)(A) of the fugitive emissions from oil and gas Emissions from Petroleum Liquid CAA, Congress statutorily adopted the production and processing facilities. Storage in Fixed Roof Tanks,’’ EPA 450/ requirement that nonattainment areas VOCs contribute to the production of 2–77–036; and ‘‘Control of Volatile fix their deficient reasonably available ground-level ozone and smog. The rules Organic Compound Equipment Leaks control technology (RACT) rules for were adopted as part of each district’s from Natural Gas/Gasoline Processing ozone and established a deadline of May efforts to achieve the National Ambient Plants,’’ EPA–450/3–83–007. Further 15, 1991 for states to submit corrections Air Quality Standard (NAAQS) for interpretations of EPA policy are found of those deficiencies. ozone and in response to EPA’s SIP-Call in the Blue Book, referred to in footnote Section 182(a)(2)(A) applies to areas and the section 182(a)(2)(A) CAA 4. In general, these guidance documents designated as nonattainment prior to have been set forth to ensure that VOC enactment of the amendments and 4 Among other things, the pre-amendment rules are fully enforceable and guidance consists of those portions of the proposed strengthen or maintain the SIP. 1 At that time, Kern County included portions of post-1987 ozone and carbon monoxide policy that SDCAPCD Rule 61.1, Receiving and two air basins: the San Joaquin Valley Air Basin and concern RACT, 52 FR 45044 (November 24, 1987); Storing Volatile Organic Compounds at the Southeast Desert Air Basin. The San Joaquin ‘‘Issues Relating to VOC Regulation Cutpoints, Valley Air Basin portion of Kern County was Deficiencies, and Deviations, Clarification to Bulk Plants and Bulk Terminals designated as nonattainment, and the Southeast Appendix D of November 24, 1987 Federal Register includes the following significant Desert Air Basin portion of Kern County was Notice’’ (Blue Book) (notice of availability was changes from the current SIP: designated as unclassified. See 40 CFR 81.305 published in the Federal Register on May 25, 1988); • The exemption section was revised (1991). and the existing control technique guidelines to delete the reference to rule 11. 2 On March 20, 1991, the San Joaquin Valley (CTGs). • A recordkeeping requirement was Unified Air Pollution Control District (SJVUAPCD) 5 The San Diego County and the San Joaquin was formed. The SJVUAPCD has authority over the Valley Areas were redesignated nonattainment and added to demonstrate exemption San Joaquin Valley Air Basin which includes all the classified by operation of law pursuant to sections eligibility. above eight counties except the Southeast Desert 107(d) and 181(a) upon the date of enactment of the • Test methods were added for Air Basin portion of Kern County. CAA. See 55 FR 56694 (November 6, 1991). determination of true vapor pressure 3 This extension was not requested for the 6 EPA adopted the completeness criteria on following counties: Kern, Kings, Madera, Merced February 16, 1990 (55 FR 5830) and, pursuant to and control efficiency of vapor control and Tulare. Thus, the attainment date for these section 110(k)(1)(A) of the CAA, revised the criteria systems. (A detailed summary of rule counties remained December 31, 1982. on August 26, 1991 (56 FR 42216). changes is provided in the Technical Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15893

Support Document (TSD) dated March profit enterprises and government 2. March 30, 1995, 8:30 a.m. 7, 1995). entities with jurisdiction over Comments must be received by March • SJVUAPCD Rule 4403, Components populations of less than 50,000. 30, 1995. Serving Light Crude Oil or Gases and SIP approvals under sections 110 and ADDRESSES: The meetings will be held at Light Crude Oil and Gas Production 301 and subchapter I, part D of the CAA the King’s Grant Inn, Route 128 and Facilities and Components at Natural do not create any new requirements, but Trask Lane, Danvers, MA 01923; Gas Processing Facilities includes the simply approve requirements that the telephone: 508–774–6800. Comments following significant changes from the State is already imposing. Therefore, may be sent to the Executive Director, current SIP: because the Federal SIP-approval does New England Fishery Management • Definitions have been added for not impose any new requirements, it Council, 5 Broadway, Saugus, MA rule clarification. does not have a significant impact on 01906. • The exemption section was any small entities affected. Moreover, FOR FURTHER INFORMATION CONTACT: amended to exclude components from due to the nature of the Federal-state Douglas G. Marshall, Executive Director; being exempt from leak minimization or relationship under the CAA, preparation telephone: 617–231–0422. recordkeeping requirements. of a regulatory flexibility analysis would • SUPPLEMENTARY INFORMATION: Violation language was added so constitute Federal inquiry into the that any leaks in excess of the leak economic reasonableness of state action. Wednesday, March 29, 1995 thresholds will constitute a violation of The CAA forbids EPA to base its actions The meeting will begin with the rule. concerning SIPs on such grounds. • The variance provision has been introductions and announcements. The Union Electric Co. v. U.S. E.P.A., 427 Groundfish Oversight Committee will removed. U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. • Repair procedures for essential report on its progress in developing 7410(a)(2). management alternatives for components have been added. The OMB has exempted this action • Various recordkeeping Amendment 7 to the Northeast from review under Executive Order Multispecies Fishery Management Plan requirements were added. 12866. • The test method section was (FMP), in consideration of low amended to reference methods for List of Subjects in 40 CFR Part 52 abundances of key fish stocks in the northeast. This meeting will be the first determining true vapor pressure. (A Environmental protection, Air at which the Groundfish Committee- detailed summary of rule changes is pollution control, Hydrocarbons, initiated framework adjustment to the provided in the TSD dated March 7, Intergovernmental relations, Ozone, Northeast Multispecies and Sea Scallop 1995). Reporting and recordkeeping FMPs will be discussed. The purpose of EPA has evaluated the submitted requirements, Volatile organic the framework is to correct the baseline rules and has determined that they are compound. consistent with the CAA, EPA used by Vessel Tracking Systems (VTS) regulations, and EPA policy. Therefore, Authority: 42 U.S.C. 7401–7671q. to calculate days at sea (DAS). SDCAPCD Rule 61.1, Receiving and Date Signed: March 16, 1995. During the afternoon session, Dr. Storing Volatile Organic Compounds at Felicia Marcus, William Hogarth of NMFS will brief the Bulk Plants and Bulk Terminals; and Regional Administrator Council on the management status of SJVUAPCD Rule 4403, Components [FR Doc. 95–7472 Filed 3–27–95; 8:45 am] weakfish and striped bass. Following Serving Light Crude Oil and Gas BILLING CODE 6560±50±P his presentation, the Ad Hoc Committee Production Facilities and Components on the Reauthorization of the Magnuson at Natural Gas Processing Facilities, are Fishery Conservation and Management being proposed for approval under DEPARTMENT OF COMMERCE Act will discuss aspects of the various section 110(k)(3) of the CAA as meeting reauthorization bills and ask the full the requirements of section 110(a) and National Oceanic and Atmospheric Council for its views. Part D. Administration Thursday, March 30, 1995 Nothing in this action should be construed as permitting or allowing or 50 CFR Parts 649, 650 and 651 The Lobster Committee will discuss the list of potential issues to be establishing a precedent for any future [I.D. 031695A] request for revision to any state reviewed in the Council’s public implementation plan. Each request for New England Fishery Management hearing document for a lobster stock revision to the state implementation Council; Public Meeting rebuilding/effort reduction program. plan shall be considered separately in This will be the final meeting to light of specific technical, economic, AGENCY: National Marine Fisheries consider a framework adjustment to the and environmental factors and in Service (NMFS), National Oceanic and Lobster FMP that would address a range relation to relevant statutory and Atmospheric Administration (NOAA), of issues related to lobster limited regulatory requirements. Commerce. access permits (see below). The Sea ACTION: Public meeting; request for Scallop Committee will revisit the issue Regulatory Process comments. of specifications for twine tops used in Under the Regulatory Flexibility Act, scallop gear and referred to in 5 U.S.C. Section 600 et seq., EPA must SUMMARY: The New England Fishery Framework Adjustment 5 to the Scallop prepare a regulatory flexibility analysis Management Council (Council) will FMP. This will also be the final meeting assessing the impact of any proposed or hold a 2-day public meeting to consider to consider Framework Adjustment 5 to final rule on small entities. 5 U.S.C. actions affecting the New England the FMP that would modify gear §§ 603 and 604. Alternatively, EPA may fisheries in the exclusive economic zone restrictions for scallop limited access certify that the rule will not have a (EEZ). fishing vessels (see below). The Gear significant impact on a substantial DATES: The meetings are scheduled as Conflict Committee will report on its number of small entities. Small entities follows: efforts to reach an agreement that might include small businesses, small not-for- 1. March 29, 1995, 10 a.m.; and reduce interactions between various 15894 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules gear types in the New England region. proposed or a final rule in the Federal Scallop FMP under the framework for The Herring Committee will report on Register after the May meetings. abbreviated rulemaking contained in 50 its mid-March meeting held jointly with Abbreviated Rulemaking Action— CFR 650.40. At its December 8, 1994, U.S. and Canadian herring industry American Lobster and January 12, 1995, meetings, the representatives and management Council announced it would initiate a officials. The Council will consider final action framework adjustment that would on an adjustment to the American modify gear restrictions for scallop If time allows, there will be reports Lobster FMP under the framework for limited access fishing vessels. This has from the Council Chairman; Council abbreviated rulemaking contained in 50 Executive Director; National Marine CFR 649.44. At its January 11 and 12, been addressed in the following Fisheries Service Acting Regional 1995, meeting, the Council announced it manner: (1) Limited access vessels will Director; Northeast Fisheries Science would initiate a framework adjustment be restricted from fishing for scallops Center liaison; Mid-Atlantic Fishery that would modify eligibility criteria for with nets while under the DAS program Management Council liaison; and lobster limited access permits. This has unless the vessel has not used a scallop representatives from the Coast Guard been addressed in the following dredge since 1987; and (2) limited and from the Atlantic States Marine manner: (1) Fishermen who fished for access vessels will be restricted from Fisheries Commission. lobsters in the EEZ prior to the control fishing for scallops, using dredges with date will qualify for a lobster limited twine tops that extend the full distance Abbreviated Rulemaking Action— access permit if participation in the to the club stick while under the DAS Northeast Multispecies and Atlantic Federal fishery can be demonstrated, program. The twine top restriction will Sea Scallops and they meet all other eligibility require seven rows of steel rings for This meeting will be the first of two criteria; (2) a person who owned a dredges greater than 8 ft (244 cm) wide, public meetings to consider a lobster vessel, but who leased a lobster or four rows for single dredges 8 ft (244 Groundfish Committee-initiated action license and meets all other eligibility cm) wide or less, between the club stick on an adjustment to the Northeast criteria will qualify for a lobster limited and twine top. The public is encouraged Multispecies and Sea Scallop FMPs access permit; (3) owners, but not to attend this meeting and to provide under the framework for abbreviated necessarily operators, of lobster vessels comments or submit them in writing to may be eligible for limited access rulemaking contained in 50 CFR 651.40 the Council (see ADDRESSES). If the permits, provided they meet all other and 50 CFR 650.40, respectively, to Regional Director concurs with the eligibility criteria; (4) in the case of correct the baseline used by VTS to partnership arrangements involving the Council’s recommendations on this monitor and count individual vessel operation of a single vessel, only one framework adjustment, he could publish DAS. The current regulations indicate limited access permit will be issued; (5) it as a proposed or a final rule in the the COLREGS Demarcation Line as the a vessel and a federally endorsed lobster Federal Register. baseline for the VTS to determine when permit may be transferred together These meetings are physically a vessel is at sea for the purpose of through inheritance, but the transfer of accessible to people with disabilities. counting that day against the vessel’s the permit only, without the qualifying Requests for sign language total allocation of fishing days. In the vessel, may not occur under this process of implementing this system, interpretation or other auxiliary aids circumstance. The public is encouraged should be directed to Douglas G. the NMFS Enforcement Division to attend this meeting and to provide determined that the COLREGS line is Marshall at 617–231–0422, at least 5 comments or submit them in writing to days prior to the meeting date. inappropriate and has proposed an the Council (see ADDRESSES). If the alternative line. The issue will be Regional Director concurs with the Authority: 16 U.S.C. 1801 et seq. discussed again at the Council meeting Council’s recommendations on this Dated: March 22, 1995. on May 17 and 18. The public is framework adjustment, he could publish David S. Crestin, encouraged to attend and provide it as a proposed or a final rule in the Acting Director, Office of Fisheries comments or submit them in writing Federal Register. (see ADDRESSES). If the Director, Conservation and Management, National Northeast Region, NMFS (Regional Abbreviated Rulemaking Action— Marine Fisheries Service. Director), concurs with the Council’s Atlantic Sea Scallops [FR Doc. 95–7553 Filed 3–23–95; 11:05 am] recommendations on this framework The Council will consider final action BILLING CODE 3510±22±F adjustment, he could publish it as a on an adjustment to the Atlantic Sea 15895

Notices Federal Register Vol. 60, No. 59

Tuesday, March 28, 1995

This section of the FEDERAL REGISTER being reviewed by the Animal and Plant Riverdale, MD 20737–1228; (301) 734– contains documents other than rules or Health Inspection Service. The 7612. proposed rules that are applicable to the applications have been submitted in SUPPLEMENTARY INFORMATION: public. Notices of hearings and investigations, accordance with 7 CFR part 340, which The committee meetings, agency decisions and regulates the introduction of certain regulations in 7 CFR part 340, rulings, delegations of authority, filing of ‘‘Introduction of Organisms and petitions and applications and agency genetically engineered organisms and products. Products Altered or Produced Through statements of organization and functions are Genetic Engineering Which Are Plant ADDRESSES: Copies of the applications examples of documents appearing in this Pests or Which There Is Reason to section. referenced in this notice, with any Believe Are Plant Pests,’’ require that a confidential business information deleted, are available for public person obtain a permit before DEPARTMENT OF AGRICULTURE inspection in room 1141, South introducing (importing, moving Building, U.S. Department of interstate, or releasing into the Animal and Plant Health Inspection Agriculture, 14th Street and environment) into the United States Service Independence Avenue SW., certain genetically engineered Washington, DC, between 8 a.m. and organisms and products that are [Docket No. 95±022±1] 4:30 p.m., Monday through Friday, considered ‘‘regulated articles.’’ The except holidays. Persons wishing to regulations set forth procedures for Receipt of Permit Applications for inspect an application are requested to obtaining a permit for the release into Release Into the Environment of call ahead on (202) 690–2817 to the environment of a regulated article, Genetically Engineered Organisms facilitate entry into the reading room. and for obtaining a limited permit for AGENCY: Animal and Plant Health You may obtain copies of the the importation or interstate movement Inspection Service, USDA. documents by writing to the person of a regulated article. FOR FURTHER INFORMATION ACTION: Notice. listed under Pursuant to these regulations, the CONTACT. Animal and Plant Health Inspection SUMMARY: We are advising the public FOR FURTHER INFORMATION CONTACT: Dr. Service has received and is reviewing that 25 applications for permits to Arnold Foudin, Deputy Director, the following applications for permits to release genetically engineered Biotechnology Permits, BBEP, APHIS, release genetically engineered organisms into the environment are Suite 5B05, 4700 River Road Unit 147, organisms into the environment:

Date Application No. Applicant received Organisms Field test location

95±031±01 ...... Oregon State Univer- 1/31/95 Poplar trees genetically engineered to ex- Oregon. sity. press reproductive sterility and herbicide tolerance. 95±031±02 ...... Pioneer Hi-Bred Inter- 1/31/95 Sunflower plants genetically engineered to California. national, Incor- express marker genes. porated. 95±031±03, renewal of permit University of Idaho ..... 1/31/95 Rapeseed plants genetically engineered to Idaho. 93±049±02, issued on 5/4/93. express tolerance to the phosphinothricin class of herbicides. 95±031±04 ...... Asgrow Seed Com- 1/31/95 Cucumber plants genetically engineered to Georgia, Michigan. pany. express resistance to cucumber mosaic virus, papaya ringspot virus, watermelon mosaic virus 2, and zucchini yellow mosaic virus. 95±031±05 ...... University of Idaho ..... 1/31/95 Potato plants genetically engineered to ex- Idaho. press resistance to barley yellow dwarf virus, potato leaf roll virus, potato virus Y, and tobacco vein mottling virus. 95±031±06, renewal of permit Asgrow Seed Com- 1/31/95 Melon plants genetically engineered to ex- California, Georgia, 90±088±01, issued on 7/11/ pany. press resistance to cucumber mosaic Michigan. 90. virus, papaya ringspot virus, water-melon mosaic virus 2, and zucchini yellow mosaic virus. 95±031±07 ...... Northrup King Com- 1/31/95 Corn plants genetically engineered to ex- Minnesota. pany. press fungal resistance. 95±031±08 ...... University of Idaho ..... 1/31/95 Rapeseed plants genetically engineered to Idaho, Michigan, North express tolerance to the phosphinothricin Dakota. class of herbicides. 95±033±01 ...... VanderHave USA ...... 2/2/95 Sunflower plants genetically engineered to North Dakota. express fungal resistance or a sulphur-rich seed storage protein. 15896 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

Date Application No. Applicant received Organisms Field test location

95±037±01 ...... InterMountain Canola 2/6/95 Rapeseed plants genetically engineered to Colorado. Company. express modified fatty acids. 95±040±01 ...... Asgrow Seed Com- 2/9/95 Melon plants genetically engineered to ex- California, Georgia, pany. press resistance to cucumber mosaic Michigan. virus, papaya ringspot virus, squash mo- saic virus, watermelon mosaic virus 2, and zucchini yellow mosaic virus. 95±041±01 ...... R.J. Reynolds To- 2/10/95 Tobacco mosaic virus genetically engineered North Carolina. bacco Company. to express proteins of pharmaceutical in- terest. 95±041±02, renewal of permit Calgene, Incorporated 2/10/95 Canola plants genetically engineered to ex- California. 94±168±01, issued on 10/12/ press an altered oil profile. 94. 95±045±01 ...... Louisiana State Uni- 2/14/95 Rice plants genetically engineered to ex- Louisiana. versity. press fungal resistance. 95±045±02 ...... Monsanto Company .. 2/14/95 Wheat plants genetically engineered for re- Kansas. sistance to wheat streak mosaic virus. 95±046±01 ...... Northrup King Com- 2/15/95 Corn plants genetically engineered for resist- Minnesota. pany. ance to corn rootworm. 95±053±01 ...... PanAmerican Seed 2/22/95 Petunia plants genetically engineered for re- Florida, Illinois. Company. sistance to fungi and bacteria. 95±054±01 ...... Calgene, Incorporated 2/23/95 Canola plants genetically engineered for oil Wisconsin. modification. 95±054±03, renewal of permit, Calgene, Incorporated 2/23/95 Canola plants genetically engineered for oil North Dakota. 94±038±01, issued on 4/6/94. modification. 95±059±01 ...... Asgrow Seed Com- 2/28/95 Melon plants genetically engineered to ex- Michigan. pany. press altered ethylene biosynthesis. 95±059±02 ...... Asgrow Seed Com- 2/28/95 Watermelon plants genetically engineered for Michigan. pany. resistance to watermelon mosaic virus 2 and zucchini yellow mosaic virus. 95±065±01 ...... University of Chicago 3/06/95 Atropa belladonna plants genetically engi- Illinois. neered to express an altered alkaloid pro- file for resistance to insect herbivores. 95±065±02, renewal of permit Harris Moran Seed 3/06/95 Melon plants genetically engineered for re- California. 91±077±01, issued on 6/18/ Company. sistance to cucumber mosaic virus. 91. 95±066±01, renewal of permit Asgrow Seed Com- 3/07/95 Melon plants genetically engineered for re- Florida. 92±037±07, issued on 5/18/ pany. sistance to cucumber mosaic virus, water- 92. melon mosaic virus 2, and zucchini yellow mosaic virus. 95±067±01 ...... Petoseed Company ... 3/08/95 Squash plants genetically engineered for re- California. sistance to cucumber mosaic virus and watermelon mosaic virus 2.

Done in Washington, DC, this 22nd day of SUMMARY: Notice is hereby given that Signed at Washington, D.C., on March 22, March 1995. the Consolidated Farm Service Agency 1995. Terry L. Medley, has published a list of warehouses Bruce R. Weber, Acting Administrator, Animal and Plant licensed under the U.S. Warehouse Act Acting Administrator, Consolidated Farm Health Inspection Service. (7 U.S.C. 241 et seq.) as of December 31, Service Agency. [FR Doc. 95–7601 Filed 3–27–95; 8:45 am] 1994, as required by section 26 of that [FR Doc. 95–7602 Filed 3–27–95; 8:45 am] BILLING CODE 3410±05±P BILLING CODE 3410±34±P Act (7 U.S.C. 266). A list of cancellations or terminations that occurred during calendar year 1994 is Forest Service Consolidated Farm Service Agency also available. Interested parties may obtain a copy of either list from the Establishment of Two Purchase Units, List of Warehouses and Availability of person listed below. California and Oregon, and an Addition List of Cancellations and/or to the Sur Sur Purchase Unit, Terminations FOR FURTHER INFORMATION CONTACT: Mrs. Judy Fry, Consolidated Farm Service California AGENCY: Consolidated Farm Service Agency, Warehouse and Inventory AGENCY: Forest Service, USDA. Agency, USDA. Division, U.S. Department of ACTION: Agriculture, P.O. Box 2415, Room 5962, Notice of Establishment of ACTION Purchase Units. : Notice of publication of South Agriculture Building, Warehouses Licensed Under the U.S. Washington, D.C. 20013–2415, SUMMARY: On March 9, 1995, the Deputy Warehouse Act and the availability of a telephone: 202–720–3822. listing of cancellations and/or Under Secretary, Natural Resources and terminations occurring during calendar Environment, created Leads Island year 1994. Purchase Unit, 283 acres, more or less, Douglas County, Oregon, and the Twin Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15897

Peaks Purchase Unit, 404 acres, more or Sur Sur Purchase Unit Addition, analysis of the comments received, and less, Monterey County, California; also Monterey County, California the correction of clerical errors, we have 924.59 acres, more or less, were added Pursuant to the Secretary of changed the final results from those to the existing Sur Sur Purchase Unit, Agriculture’s authority under Section presented in the preliminary results of Monterey County, California. Copies of 17, P.L. 94–588 (90 Stat. 2949) the review. the establishment documents, which following described lands are being EFFECTIVE DATE: March 28, 1995. include the legal description of the added to the Sur Sur Purchase Unit FOR FURTHER INFORMATION CONTACT: lands within these purchases units, which was created May 21, 1993 (58 FR appear at the end of this notice. Matthew Blaskovich or Zev Primor, 35427): Office of Antidumping Compliance, EFFECTIVE DATE: The effective date of Import Administration, International these purchase units was March 9, 1995. Mount Diablo Meridian, Monterey County, California Trade Administration, U.S. Department ADDRESSES: Copies of the maps showing of Commerce, 14th Street and these purchase units are on file and T. 24 S., R. 5 E. Sec. 4: SE1⁄4SE1⁄4; Constitution Avenue, NW., Washington, available for public inspection in the Sec. 9: Lot 2 except the westerly 700′ DC 20230; telephone (202) 482–5831/ Office of the Director of Lands, Forest thereof measured at right angles to the 4114. Service, Auditor’s Building, 201 14th westerly line of said lot, Lot 3, Lot 4, Lot Street, SW, Washington, DC. 20090– 5, NE1⁄4NE1⁄4 SUPPLEMENTARY INFORMATION: 6090. Sec. 10: NW1⁄4NW1⁄4; (215.93 ac) Background FOR FURTHER INFORMATION CONTACT: Sec. 14: Lot 2, Lot 3, NE1⁄4SW1⁄4W1⁄2SE1⁄4 Ralph Bauman, Lands Staff, Forest Sec. 23: Lot 1; (182.62 ac) On June 29, 1993, Akzo Faser N.V. T. 24 S., R. 6 E., and its subsidiaries (Akzo) requested Service, USDA, P.O. Box 96090, 1 1 Washington, DC. 20090–6090, (202) Sec. 31: Lot 5, NE ⁄4NE ⁄4; (77.81 ac) that the Department of Commerce (the Sec. 32: Lot 1, Lot 2, W1⁄4NE1⁄4, NE1⁄4NE1⁄4, 205–1248. 1 1 1 1 1 Department) conduct an administrative NW ⁄4, E ⁄2SW ⁄4, NW ⁄4SE ⁄4; (448.23 ac) review of the antidumping duty order Sterling J. Wilcox, The area described aggregates 924.59 acres, on high-tenacity rayon filament yarn Acting Associate Deputy Chief. more or less, and the lands are adjacent to from Germany. We initiated the review, the Los Padres National Forest, California. Leeds Island Purchase Unit which covers the period February 20, These lands are well suited for 1992 through May 31, 1993, on July 21, Douglas County, Oregon watershed protection and meet the 1993 (58 FR 39007). On June 22, 1994, Pursuant to the Secretary of requirements of the Act of March 1, the Department published the Agriculture’s authority under Section 1911, as amended. preliminary results of the administrative 17, P.L. 94–588 (90 Stat. 2949), the Dated: March 9, 1995. review (59 FR 32181). The Department Leeds Island Purchase Unit is being Adela Backiel, has now completed the administrative created in Douglas County, Oregon. The Deputy Under Secretary. review in accordance with section 751 lands within the purchase unit are [FR Doc. 95–7614 Filed 3–27–95; 8:45 am] of the Tariff Act of 1930, as amended described as follows: (the Act). BILLING CODE 3410±11±M Douglas County, Oregon, Willamette Scope of the Review Meridian The product covered by this T. 21 S., R. 12 W. DEPARTMENT OF COMMERCE administrative review is high-tenacity Sec. 27: Pt. W1⁄2; SW1⁄4SE1⁄4 rayon filament yarn from Germany. Sec. 28: E1⁄2E1⁄2 International Trade Administration Sec. 34: E1⁄2W1⁄4; Lots 1, 2, 3 High-tenacity rayon filament yarn is a [A±428±810] The area described contains 283 acres, multifilament single yarn of viscose more or less. rayon with a twist of five turns or more High-Tenacity Rayon Filament Yarn per meter, having a denier of 1100 or These lands are well suited for From Germany; Final Results of greater, and a tenacity greater than 35 watershed protection and meet the Antidumping Duty Administrative centinewtons per tex. During the review requirements of the Act of March 1, Review period, such merchandise was 1911, as amended. AGENCY: Import Administration, classifiable under Harmonized Tariff Twin Peaks Purchase Unit, Monterey International Trade Administration, Schedule (HTS) item number County, California Department of Commerce. 5403.10.30.40. The HTS item number is Pursuant to the Secretary of ACTION: Notice of final results of provided for convenience and Customs Agriculture’s authority under Section antidumping duty administrative purposes. The written description 17, P.L. 94–588 (90 Stat. 2949) a review. remains dispositive as to the scope of purchase unit is being established and the product coverage. SUMMARY: is described as follows: On June 22, 1994, the Analysis of Comments Received Department of Commerce published the Monterey County, California, Mount Diablo preliminary results of review of the We gave interested parties an Meridian antidumping duty order on rayon opportunity to comment on the T.18S., R.1E. filament yarn from Germany. The preliminary results. We received Sec. 2 N1⁄2 review covers the subsidiaries of one comments from North American Rayon The area described aggregate 404 acres, producer/importer, Akzo Faser N.V. Its Corporation (the petitioner) and the more or less, and are adjacent to the Los subsidiaries are Akzo Fibers, Inc., in the respondent on July 22, 1994. We Padres National Forest, California. United States, and Akzo Faser A.G., in received rebuttal comments from the These lands are well suited for Germany. petitioner and the respondent on July watershed protection and meet the We gave interested parties an 29, 1994. At the request of the requirements of the Act of March 1, opportunity to comment on the respondent, we held a public hearing on 1911, as amended. preliminary results. Based on our August 5, 1994. 15898 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

General Comments verification under these circumstances. General and Administrative Expenses Comment 1 See Tapered Roller Bearings, Finished Comment 3 and Unfinished, and Parts Thereof, Petitioner argues that significant From Japan; Final Results of Petitioner argues that the issues within this review could have Antidumping Duty Administrative extraordinary costs incurred by Akzo been resolved during a verification, and Review (57 FR 4953, February 11, 1992), Faser N.V. due to plant closure are not challenges the accuracy of the dumping fully reflected in the cost of and Calcium Aluminate Cement, margin because of the lack of manufacture. Petitioner believes that the Cement Clinker and Flux from France verification. Petitioner contends that Department handled these expenses key issues addressed in the following (59 FR 14136, March 25, 1994). correctly when it reallocated all of the comments, such as Research and Comment 2 industrial rayon-specific shutdown Development expenses (R&D), General expenses to the product under review. and Administrative (G&A) expenses, Petitioner argues that Akzo did not The petitioner contends that Akzo has and restructuring costs, could have been provide cost data maintained in the two facilities in Germany which reconciled through verification. normal course of business; rather, produce the subject merchandise, and Petitioner argues that the Department petitioner contends that Akzo generated that one of them was in the process of should not assume that information this data solely for purposes of this closing during the period of review relating to these issues is accurate review. Petitioner maintains that, with (POR). Petitioner adds that such a simply because it was verified during respect to fixed costs, Akzo claimed that dramatic change in operations results in the investigation, as the issues and differences between actual and standard higher product-specific costs. Petitioner calculations change between costs were not maintained in the normal also contends that the methodology investigations and reviews. course of business. It is the petitioner’s used by the respondent virtually Akzo states that the absence of viewpoint that Akzo does maintain eliminates these costs by allocating verification does not undermine the them over all of the production of Akzo records of actual costs for its fixed costs, integrity of its responses, and that Faser N.V. verification was not required in this but has not provided this information. Akzo states that it included the review. Referring to the statute and Also, petitioner claims that Akzo did extraordinary loss associated with the regulations, Akzo claims that not provide the information necessary plant closure in its reported G&A verification is required only if it was not for the Department to calculate an actual expenses, using the methodology it used performed in either of the two per-unit cost on a product-specific or in the less than fair value (LTFV) immediately preceding reviews and it plant basis. Petitioner asserts that Akzo investigation. See High Tenacity Rayon was requested by an interested party instead provided the Department with a Filament Yarn from Germany (57 FR within 120 days from publication of the plant-wide ‘‘variance’’ used to calculate 21773, May 22, 1992). Akzo argues that notice of initiation of the review. Akzo cost of manufacture. it is inappropriate to allocate all of the contends that neither element was Respondent states that it reported expenses of a plant closure solely to satisfied in this review. Moreover, Akzo actual costs by calculating the product- industrial rayon yarn when such asserts that it submitted all of its specific per-unit costs through the expenses relate to the operations of the responses with appropriate application of plant-wide variances, entire corporation. Akzo also contends certifications of accuracy and according to questionnaire instructions that an expense can be applied solely to completeness as required by statute and rayon yarn operations only if it is not and Departmental practice. Therefore, regulation. Akzo cities Calcium extraordinary and, as a plant closure has respondent argues that the costs, as Aluminate Cement, Cement Clinker and not occurred in years, this expense reported, are correct and valid. Flux from France (59 FR 14,136, 14,140, qualified as ‘‘extraordinary.’’ Akzo cites March 25, 1994), as an example of the Department’s Position Antifriction Bearings (Other Than Department’s verification practices. Tapered Roller Bearings) and Parts We agree with Akzo, in that there is Department’s Position Thereof from the Federal Republic of no evidence that Akzo’s costs were Germany (54 FR 18992, 1976, May 5, The Department agrees with incorrectly reported. Akzo stated in its 1989), as an example of the respondent that, in accordance with questionnaire response that it based its Department’s practice regarding section 776(b)(3) of the Tariff Act, in costs on the standard cost system used extraordinary expenses. conducting an administrative review, in its normal course of business. As Department’s Position the Department will verify all Akzo explained in its rebuttal brief and information relied upon in making a questionnaire submission, it based its We disagree with Akzo’s determination (1) if verification is costs on the standard costs system, and characterization of the plant closing timely requested and no verification deviated from this basis only when costs as extraordinary losses and with was made during the two immediately necessary to comply with certain the company’s contention that preceding reviews, or (2) if good cause extraordinary losses cannot be charged calculations as required by the exists for verification. This specifically to the subject merchandise. Department’s questionnaire. The plant- administrative review is the first review The fact that plant closings are of the antidumping duty order in this wide variance was calculated as the infrequent in occurrence does not case, and verification was not timely difference between total standard costs necessarily make the costs associated requested. The Department has and total actual costs of production. The with such events extraordinary. Nor undertaken verification for good cause Department has accepted the use of does it dictate how the Department will only in exceptional circumstances. In plant-wide variances in similar cases. treat these costs for purposes of conducting this review, the Department See Tapered Roller Bearings, Finished computing COP and CV. determined that there was not good and Unfinished, and Parts Thereof, Nonetheless, after further examination cause for a verification. Section From Japan; Final Results of of the record, it is not evident that the 776(b)(3) of the Tariff Act, and the Antidumping Duty Administrative plant closing losses reported by Akzo Department’s regulations do not require Review (57 FR 4956, February 11, 1992). relate solely to the company’s rayon Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15899 yarn production. Consequently, the Department’s Position Antifriction Bearings (Other than Department regards these costs as We agree with the petitioner. Akso Tapered Roller Bearings and Parts general in nature rather than specific to submitted company-specific G&A Thereof from France, Germany, Italy, the subject merchandise. For the final expenses based on a three-tiered Japan, Romania, Singapore, Sweden, results, the Department has, therefore, calculation methodology consisting of Thailand, and United Kingdom (58 FR accepted Akzo’s plant closing cost the company’s business, divisional, and 39729, July 26, 1992). calculation which was based on an corporate levels. Akzo’s G&A Petitioner argues that the allocation across all products calculation, however, did not reconcile Department’s recalculation of R&D manufactured by the company. to Akzo Faser AG’s audited financial expenses in the preliminary results of Comment 4 statements. Nor did the Akzo’s review was the most accurate and submitted G&A expense include transparent, and is in accord with Akzo disagrees with the Department’s amounts for certain miscellaneous items Akzo’s financial statement and the re-allocation of its G&A expenses in the that were treated as G&A in the Department’s standard practices. preliminary results. Akzo argues that company’s annual report. Because of the Department should not have Department’s Position these inconsistencies, for the final disregarded Akzo’s submitted G&A results, the Department computed The Department agrees with Akzo. costs, which were allocated to different Akzo’s G&A expenses using the The R&D expenses submitted by Akzo groups based on specific allocation company’s unconsolidated audited were allocated on a product-specific or methodologies. financial statements and including an product line basis, according to the Akzo states that the Department’s re- nature of the research being performed. allocation of G&A expenses across all amount representing an allocated share of G&A incurred by companies related The methodology used to allocate the operations was not in accordance with R&D is that used in Akzo’s normal Departmental practices, and that the to Akzo and involved in the production of the subject merchandise. The course of business and reconciles to the ratios, as submitted by Akzo, are in financial statements. Further, the accord with Departmental practice and Department calculated per unit G&A expenses for the subject merchandise Department has accepted the submitted case precedent. Akzo states that, methodology in similar cases. See because of the organizational structure based on a factor derived as the ratio of Akzo’s total G&A to the company’s cost Certain Hot Rolled Carbon Steel Flat and the integrated nature of its Products, Certain Cold Rolled Carbon operations across national borders, the of sales. This method is consistent with our past practice. See Certain Hot Rolled Steel Flat Products, Certain Corrosion- reported ratios are clearly more accurate Resistant Carbon Steel Flat Products, than any overall average ratios for Akzo Carbon Steel Flat Products, Certain Cold rolled Carbon Steel Flat Products, and and Certain Cut-to-Length Carbon Steel Faser. Akzo also states that the G&A Plate from France (58 FR 37125, July 9, expense ratios it reported are in accord Certain Corrosion-Resistant Carbon Steel Flat Products from Japan; Final 1993), and Antifriction Bearings (Other with the audited financial statements of than Tapered Roller Bearings) and Parts Akzo N.V., and have been reconciled to Determination of Sales at Less Than Fair Value (58 FR 37154, July 9, 1993), and Thereof from France, Germany, Italy, the audited financial statements. Japan, Romania, Singapore, Sweden, Akzo argues further that the expenses Frozen Concentrated Orange Juice From Thailand, and United Kingdom (58 FR accumulated at each organization unit Brazil; Final Determination of Sales at 19729, July 26, 1992). do not relate to operations outside that Less Than Fair Value (52 FR 8329, unit. According to Akzo, the March 17, 1987). Foreign Market Value Adjustments Department’s allocation methodology Research and Development attributes to Akzo Faser itself G&A Comment 6 expenses incurred solely by Akzo Fibers Comment 5 Petitioner disagrees with the B.V. (an affiliate of Akzo Faser not Akzo disagrees with the Department’s Department’s decision in the involved in the review). Akzo also allocation of its R&D expenses over all preliminary results to allow an argues that if the Department follows its of its product lines, and asserts that a adjustment to FMV for a third-party position in Certain Hot Rolled Carbon product-specific breakdown of R&D payment. Petitioner contends that this Steel Flat Products, Certain Cold Rolled expenses would be more accurate and in payment is based on the sale of a Carbon Steel Flat Products, and Certain accordance with prior Department further-manufactured product, rather Corrosion-Resistant Carbon Steel Flat decisions. Akzo allocates R&D expenses than the subject merchandise, Products from Japan (58 FR 37154, July on a product-specific or product-line unprocessed yarn, which Akzo sells to 9, 1993), it should reject Akzo’s basis, according to the nature of the a converter. In the petitioner’s methodology only if the facts specific to research being performed. Akzo viewpoint, the payment appears to have the situation indicate that the divisional explains that the vast majority of R&D no impact on the price of the G&A expenses are not accurate. expenses listed in Akzo Faser AG’s unprocessed yarn. Petitioner argues that the annual report are specifically related to According to Akzo, it sells rayon in Department’s recalculation of the G&A products other than industrial rayon, the home market to a converter, who expenses is the most accurate and and thus are not general in nature and alters the rayon yarn for a specific use transparent method, and is in accord do not relate to all operations. Akzo and then sells the rayon to a third party. with Akzo’s financial statement and the contends that it acted properly and in Akzo provides a rebate directly to this Department’s standard practices. accordance with precedent by not third party. Akzo argues that, in the Petitioner argues further that there are allocating these R&D costs to subject preliminary results, the Department discrepancies between Akzo’s three- merchandise. Akzo cites Certain Hot treated the third-party payments in a tiered G&A expense levels and Akzo’s Rolled Carbon Steel Flat Products, manner consistent with the final financial statements. Petitioner asserts Certain Cold Rolled Carbon Steel Flat determination of sales at LTFV in the that the best methodology of measuring Products, Certain Corrosion-Resistant original investigation. Akzo asserts that G&A expenses is using Akzo’s financial Carbon Steel Flat Products, and Certain there can be no other purpose for the statements and not the tier methodology Cut-to-Length Carbon Steel Flats From third-party payment except to encourage that Akzo used for the response. France (58 FR 37125, July 9, 1993), and certain third parties to use the 15900 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices respondent’s merchandise. Therefore, Differences in Merchandise Department’s Position Akzo contends that the third-party Comment 7 We agree with Akzo that we payment represents a price decrease for calculated the ratio in two different the third party, and that the payment Petitioner argues that, if the third currencies. However, as discussed in does have an impact on the price of the party payment for the converted rayon our response to Comment 3, we have yarn when sold to the first unrelated yarn (as discussed above in Comment 6) disregarded this ratio for these final party. is allowable, then a difference-in- results, and have instead used Akzo’s Department’s Position merchandise calculation should be submitted plant closure costs and conducted in order to compare the extraordinary losses. Therefore, We agree with respondent. Based converted rayon yarn (and not the although we agree with respondent, this upon the record evidence for this unprocessed rayon yarn) to similar U.S. issue is moot. review, the Department has concluded sales. We also agree with Akzo that its that these expenses should be Akzo argues that a difference-in- extraordinary expenses should be considered direct expenses to be merchandise calculation is not captured at the corporate level because, deducted from the FMV. warranted, as the merchandise, when as discussed in our response to Comment 3, there is no evidence on the When making adjustments sold to the first unrelated party, is record to indicate that the extraordinary attributable to differences in subject merchandise; Akzo maintains losses, as reported, relate solely to rayon circumstances of sale, it is incumbent that it is only after sale to the first yarn. Therefore, we adjusted for the upon the Department to ensure that unrelated party that the merchandise expenses at a corporate level, and not at such adjustments account only for those undergoes further manufacturing. a product-specific level. As Akzo expenses that have a direct impact upon Department’s Position submitted its expenses at a corporate any existing U.S. and home market price level, no adjustment to its reported differentials. Section 773(a)(4) of the We agree with Akzo in that a plant closure and extraordinary losses Tariff Act states that an adjustment shall difference-in-merchandise calculation was deemed necessary. be made only ‘‘if it is established to the would be necessary, in this case, only satisfaction of the administering when the product sold to the first Comment 9 authority that the amount of any unrelated purchaser in the home market The respondent asserts that the difference between United States price differs physically from the product sold Department made a clerical error with and foreign market value’’ is due to in the United States. (See 19 CFR respect to the foreign unit price in differences in circumstances of sale. 353.57.) However, as the Department dollars (FUPDOL) calculations, in that determined that the third party payment Since Akzo’s third party payments the Department treated U.S. packing expense was directly attributable to the qualify as variable and reasonably costs as a Deutschemark per pound subject merchandise and applicable as a attributable to the subject merchandise, expense, rather than a Deutschemark deduction to the FMV, a difference-in- Akzo met the Department’s criteria for per kilogram expense, and that the merchandise calculation is unnecessary. identifying whether an expense can Department should divide the reported have a direct impact upon price. Ministerial Errors packing costs by the pounds-to- Therefore, Akzo’s payments can qualify kilograms conversion rate to arrive at Comment 8 as a circumstance of sale adjustment. the correct unit amount. In the LTFV verification report, the The respondent asserts that the Petitioner does not contest this Department, indicated that: Department made a clerical error with clerical error. respect to the extraordinary expenses of Akzo makes payments to tire Department’s Position Akzo N.V., in that the Department manufacturers based upon their purchases of We agree that the calculation should Akzo-sourced yarn from converter-customers calculated a ratio of extraordinary expenses, denominated in guilders, to be corrected to reflect the metric of Akzo’s. The converters provided measurement, and have changed the additional finishing to the Akzo yarn. the cost of sales, which is denominated in Deutschemarks. Further, the calculation accordingly. Given that those expenses fluctuate respondent asserts that the Department Final Results of Review depending on a tire company’s should capture these costs at the Based on our analysis of comments purchases from a converter and corporate level using the methodology received and the correction of correspondingly, such expenses would submitted in the response, and not at ministerial errors, we have determined not have been incurred were it not for the company level as the Department that a final margin of 0.56 percent exists certain sales of the subject merchandise, did for the preliminary results. The for Akzo for the period February 20, those payments are then considered respondent states these costs relate to 1992, through May 31, 1993. variable. Furthermore, the Department the operations of the entire corporation The Department will instruct the U.S. is in agreement with Akzo’s assertion and not solely to industrial yarn. Customs Service to assess antidumping that the third party payments are While petitioner does not specifically duties on all appropriate entries. primarily made as an inducement to address this clerical error, petitioner Individual differences between United purchase responsent’s merchandise. In does state that it supports the States price (USP) and FMV may vary this regard, these expenses are Department’s position of allocating the from the percentage stated above. The promotional in nature and thereby have plant closure expenses directly to the Department will issue appraisement a direct relationship to Akzo’s sales to product under review. Petitioner further instructions directly to the U.S. Customs the converter. states that the Department has not fully Service. As the respondent established its applied the actual cost of restructuring Furthermore, the following deposit claim to the adjustments with record Akzo’s yarn production facilities to requirements will be effective for all evidence, the Department will adjust Akzo’s actual costs, and that the shipments of the subject merchandise, FMV for this expense in the final calculations for G&A expenses entered or withdrawn from warehouse, results. presented by Akzo were not useable. for consumption on or after the Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15901 publication date of these final results of Department of the Interior, et al.; [C±549±501] administrative review, as provided by Notice of Consolidated Decision on Certain Circular Welded Carbon Steel section 751(a)(1) of the Act: (1) The cash Applications for Duty-Free Entry of Pipes and Tubes From Thailand: deposit rate for Akzo will be 0.56 Scientific Instruments percent; (2) for merchandise exported by Preliminary Results of Countervailing Duty Administrative Review manufacturers or exporters not covered This is a decision consolidated in this review but covered in the pursuant to Section 6(c) of the AGENCY: Import Administration, original less-than-fair-value (LTFV) Educational, Scientific, and Cultural investigation, the cash deposit rate will International Trade Administration, Materials Importation Act of 1966 (Pub. Department of Commerce. continue to be the rate published in the L. 89–651, 80 Stat. 897; 15 CFR 301). most recent final determination for Related records can be viewed between ACTION: Notice of preliminary results of which the manufacturer or exporter 8:30 A.M. and 5:00 P.M. in Room 4211, countervailing duty administrative received a company-specific rate; (3) if U.S. Department of Commerce, 14th and review. the exporter is not a firm covered in this Constitution Avenue, N.W., review, or the original investigation, but Washington, D.C. SUMMARY: The Department of Commerce the manufacturer is, the cash deposit (the Department) is conducting an rate will be that established for the Comments: None received. Decision: administrative review of the manufacturer of the merchandise in the Approved. No instrument of equivalent countervailing duty order on certain original investigation; and (4) the ‘‘all scientific value to the foreign circular welded carbon steel pipe and others’’ rate will be 24.58 percent, instruments described below, for such tubes from Thailand. We have established in the LTFV investigation, purposes as each is intended to be used, preliminary determined the net subsidy and in accordance with the is being manufactured in the United to be 0.73 percent ad valorem for Saha Department’s practice. See Floral Trade States. Thai Pipe and Tube Company and all Council v. United States, 822 F. Supp. Docket Number: 94–141. Applicant: other companies for the period January 766 (2993), and Federal Mogul Corp., Department of the Interior, Menlo Park, 1, 1992, through December 31, 1992. If 822 F. Supp. (1993). CA 94025. Instrument: SIR Mass the final results remain the same as These deposit requirements shall Spectrometer, Model PRISM. these preliminary results of remain in effect until publication of the Manufacturer: Fisons Instruments, administrative review, we will instruct final results of the next administrative United Kingdom. Intended Use: See U.S. customs to assess countervailing review. notice at 60 FR 442, January 4, 1995. duties as indicated above. This notice services as a reminder to Reasons: The foreign instrument Interested parties are invited to importers of their responsibility under provides: (1) an adjustable comment on these preliminary results. 19 CFR 353.26 to file a certificate multicollector with four deep Faraday EFFECTIVE DATE: March 28, 1995. regarding the reimbursement of buckets, (2) an electromagnetic sector antidumping duties prior to liquidation analyzer with a 50 cm dispersion and FOR FURTHER INFORMATION CONTACT: of the relevant entries during this (3) an online elemental analyzer. Penelope Naas and Gary Bettger, Office review period. Failure to comply with of Countervailing Investigations, Import Docket Number: 94–148. Applicant: this requirement could result in the Administration, U.S. Department of Secretary’s presumption that Lamont-Doherty Earth Observatory of Commerce, Room B099, 14th Street and reimbursement of antidumping duties Columbia University, Palisades, NY Constitution Avenue, N.W., occurred, and the subsequent 10964. Instrument: Isotope Ratio-Gas Washington, DC 20230; telephone (202) assessment of double antidumping Source Mass Spectrometer, Model 482–3534 or 482–2239, respectively. duties. PRISM. Manufacturer: Fisons Instruments, United Kingdom. Intended SUPPLEMENTARY INFORMATION: This notice also serves as a reminder Use: See notice at 60 FR 443, January 4, Background to parties subject to administrative 1995. Reasons: The foreign instrument protective orders (APOs) of their provides: (1) an adjustable On August 3, 1993, the Department of responsibility concerning the Commerce (the Department) published disposition of proprietary information multicollector with four deep Faraday buckets, (2) an electromagnetic sector in the Federal Register a notice of disclosed under APO in accordance ‘‘Opportunity to Request an analyzer with a 50 cm dispersion and with 19 CFR 353.34(d). Timely written Administrative Review’’ (58 FR 41239) (3) an automatic cold finger for samples notification of return/destruction of of the countervailing duty order on as small as 0.2 ml. APO materials or conversion to judicial pipes and tubes from Thailand (50 FR protective order is hereby requested. These capabilities of each of the 32751; August 14, 1985). On August 31, Failure to comply with regulations and foreign instruments described above is 1993, the respondents, the Royal Thai the terms of an APO is a sanctionable pertinent to each applicant’s intended Government (RTG) and Saha Thai Pipe violation. purposes. We know of no instrument or and Tube Company (Saha Thai), This administrative review and notice apparatus being manufactured in the requested an administrative review of are in accordance with section 751(a)(1) United States which is of equivalent this order. We initiated a review of the of the Act (19 U.S.C. 1675(a)(1)) and 19 scientific value to either of the foreign period January 1, 1992, through CFR 353.22. instruments. December 31, 1992, on September 30, 1993 (58 FR 51053). The review covers Dated: March 16, 1995. one manufacturer/exporter of the Frank W. Creel Susan G. Esserman, subject merchandise and nine programs. Assistant Secretary for Import Director, Statutory Import Programs Staff. The final results of the last Administration. [FR Doc. 95–7610 Filed 3–27–95; 8:45 am] administrative review in this case were [FR Doc. 95–7609 Filed 3–27–95; 8:45 am] BILLING CODE 3510±DS±F published October 9, 1991 (56 FR BILLING CODE 3510±DS±M 50852). 15902 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

Applicable Statute and Regulations credit at negotiated, commercial rates to the EPC loans. Because Saha Thai had The Department is conducting this the exporter. If the terms of the loan are to specify the destination of the subject administrative review in accordance not met, the BOT charges the merchandise at approval and because with section 751(a) of the Tariff Act of commercial bank a penalty retroactive they exported only the subject 1930, as amended (the Act). Unless to the first day of the loan. merchandise to the United States, we otherwise indicated, all citations to the In case of non-performance by the divided the benefit by its total exports exporter on the due date of the loan, the statute and to the Department’s of the subject merchandise to the United exporter is charged an additional regulations are in reference to the States to arrive at a net bounty or grant penalty interest rate of 6.5 percent on provisions as they existed on December of 0.73 percent ad valorem. the entire loan. This penalty is forgiven 31, 1994. and the exporter receives the EPC Programs Preliminarily Determined Not Scope of Review preferential rate if it makes the export Used On March 29, 1994, the Department shipment or receives payment in foreign We also examined the following clarified the Harmonized Tariff currency for the product within 60 days programs and preliminarily determine Schedule (HTS) numbers that were after the due date of the promissory that Saha Thai did not apply for or applicable to the subject merchandise note. Because EPCs are available only to receive benefits under these programs (see Memorandum to Susan Esserman exporters, they are countervailable to for the review period. from Susan Kuhbach, available in the the extent that the loans are provided at 1. Tax Certificates for Exporters Central Records Unit, Room B099, Main preferential rates. 2. Tax and Duty Exemptions Under To determine whether the loans are Commerce Building). This clarification Section 28 of the Investment preferential, we ordinarily use the was necessary because of annual Promotion Act predominant source of short-term changes in the HTS. 3. Repurchase of Industrial Bills The scope now reads: financing in the country in question. 4. Export Processing Zones Imports covered in this review are Where there is no single, predominant 5. International Trade Promotion Fund/ shipments of circular welded carbon source of short-term financing, we may Export Promotion Fund steel pipes and tubes (pipes and tubes) use a benchmark composed of the 6. Electricity Discounts for Exporters with an outside diameter of 0.375 inch interest rates for two or more sources of 7. Reduced Business Taxes for or more but not over 16 inches, of any short-term financing in the country in Producers of Imediate Goods for wall thickness. These products, question, weighted, whenever possible, Export Industries commonly referred to in the industry as according to the value of the financing 8. Additional Incentives under the IPA granted by each source. In Final standard pipe or structural tubing, are Preliminary Results of Review produced to various ASTM Countervailing Duty Determination and Countervailing Duty Order: Steel Wire As a result of our review, we specifications, most notably A–120, A– preliminarily determine the net subsidy 53 and A–135. During the review Rope from Thailand (56 FR 46299; Sept. 11, 1991) (Steel Wire Rope), the for the period of January 1, 1992, period, this merchandise was classified Department concluded that the through December 31, 1992, to be 0.73 under item numbers 7306.30.10 and minimum loan rate (MLR) and the percent ad valorem for all exporters and 7306.30.50 of the HTS. The HTS minimum overdraft rate (MOR) as producers of pipe and tube from numbers are provided for convenience reported in the BOT Quarterly Bulletin Thailand. and Customs purposes. The written are more representative of the prevailing Therefore, the Department intends to description remains dispositive. short-term interest rates in Thailand instruct the Customs Service to assess The review covers the period January countervailing duties of 0.73 percent ad 1, 1992, through December 31, 1992. than the rates used in previous cases. Based on that determination and on the valorem on the f.o.b. invoice price on all Analysis of Programs recent United States Court of shipments of this merchandise from International Trade (CIT) decision in Thailand entered, or withdrawn from Export Packing Credits Royal Thai Government and TTU warehouse, for consumption on or after Export packing credits (EPCs) are Industrial Corp. v United States, 850 F. January 1, 1992, and on or before short-term loans used for pre-shipment Supp. 44 (CIT 1994), which said that the December 31, 1992. export financing. The loans are issued average rate of the MLR and MOR rates Further, the Department intends to by commercial banks in baht for up to was the appropriate benchmark for short instruct the Customs Service to collect 180 days. The banks are required to term loans, we are using the average of cash deposits on shipments of 0.73 charge no more than a maximum the 1992 MLR and MOR rates as percent ad valorem on the f.o.b. invoice interest rate of ten percent per annum reported in the BOT Quarterly Bulletin price on all shipments of this on the loan. Interest is paid on the due for 1992. That rate was 12.19 percent, merchandise entered, or withdrawn date of the loan. To obtain these loans, which exceeded the maximum interest from the warehouse, for consumption exporters issue promissory notes to the rate on EPCs of 10 percent. Therefore, on or after the date of publication of the lending bank. The notes must be we preliminarily determine that EPC final results of this administrative supported by an irrevocable letter of loans are preferential. review. credit, a sales agreement, a purchase To calculate the benefit provided to Parties to the proceeding may request order, warehouse receipt, or issuance Saha Thai, currently the only known disclosure of the calculation export bill. Commercial banks can lend producer/exporter of the subject methodology and interested parties may up to the amount of the shipment. They merchandise, by the EPC loans during request a hearing not later than ten days then can rediscount 50 percent of the the period of review (POR), we after the date of publication of this loan with the Bank of Thailand (BOT). compared the amount of interest written notice. Interested parties may On the date the loan is due, the BOT actually paid to the amount that would submit written arguments in case briefs debits the commercial bank’s account have been paid at the benchmark rate. on these preliminary results within 30 for the principal and the interest due. At verification, we noted that the days of the date of publication. Rebuttal The commercial bank then debits the company had to specify the destination briefs, limited to arguments raised in exporter’s account or extends further of the merchandise in order to receive case briefs, may be submitted seven Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15903 days after the time limit for filing the Federal Register (FTZ Docket 3–93, 58 the National Marine Sanctuary Program. case brief. Any hearing, if requested, FR 8929, 2–18–93); and, This notice also announces the will be held seven days after the Whereas, the Board has found that the opportunity for interested persons to scheduled date for submission of requirements of the FTZ Act and become official sponsors of the National rebuttal briefs. Copies of case briefs and Board’s regulations would be satisfied, Marine Sanctuary Program or of rebuttal briefs must be served on and that approval of the application individual sanctuaries. interested parties in accordance with 19 would be in the public interest provided DATES: The Office of Ocean and Coastal CFR 355.38(e). approval is subject to certain conditions; Resource Management will begin using Representatives of parties to the Now, therefore, the Board hereby the symbol immediately. proceeding may request disclosure of authorizes the establishment of a ADDRESSES: Information on becoming an proprietary information under subzone (Subzone 149A) at the plant official sponsor may be obtained from: administrative protective order no later sites of BASF Corporation in Freeport, Justin Kenney, National Oceanic and than ten days after the representative’s Texas, at the locations described in the Atmospheric Administration, client or employer becomes a party to application, subject to the FTZ Act and Sanctuaries and Reserves Division, 1305 the proceeding, but in no event later the Board’s regulations, including East-West Highway, 12th floor, Silver than the date the case briefs, under 19 § 400.28, and subject to the following Spring, MD 20910. CFR 355.38(c), are due. The Department conditions: will publish the final results of this 1. Privileged foreign status (19 CFR FOR FURTHER INFORMATION CONTACT: administrative review including the 146.41) shall be elected on all foreign Justin Kenney at (301) 713–3145 ext. results of its analysis of issues raised in merchandise admitted to the subzone, 153 or Harriet Sopher at (301) 713–3125 any case or rebuttal brief. The except that nonprivileged foreign (NPF) ext. 109. administrative review and notice are in status (19 CFR 146.42) may be elected SUPPLEMENTARY INFORMATION: Under accordance with section 751(a)(1) of the for foreign caprolactam extract (HTSUS Title III of the Marine Protection, Act (19 U.S.C. 1675(a)(1)) and 19 CFR 2933.71.0000–6) and cyclohexanone Research and Sanctuaries Act of 1972, 355.22. (HTSUS 2914.22.1000) up to a level of as amended, the United States Congress 45 million kilograms (100 mil. lbs.) Dated: March 16, 1995. has authorized the designation of annually for each item. Susan G. Esserman, discrete areas of the marine 2. The authority with regard to the environment as National Marine Assistant Secretary for Import NPF option is initially granted until Administration. Sanctuaries to protect distinctive December 31, 1999, subject to extension. natural and cultural resources whose [FR Doc. 95–7613 Filed 3–27–95; 8:45 am] Signed at Washington, DC, this 17th day of protection and beneficial use requires BILLING CODE 3510±DS±P March 1995. comprehensive planning and Susan G. Esserman, management. The National Marine Foreign-Trade Zones Board Assistant Secretary of Commerce for Import Sanctuary Program was established by Administration, Alternate Chairman, Foreign- the Act, and is administered by the [Order No. 732] Trade Zones Board. Sanctuaries and Reserves Division of the Attest: National Oceanic and Atmospheric Grant of Authority for Subzone Status John Da Ponte, Jr., Administration. BASF Corporation (Caprolactam/ Executive Secretary. The mission of the National Marine Nylon-6 Resin); Freeport, TX [FR Doc. 95–7611 Filed 3–27–95; 8:45 am] Sanctuary Program is to identify, Whereas, by an Act of Congress BILLING CODE 3510±DS±P designate and manage areas of the approved June 18, 1934, an Act ‘‘To marine environment of special national provide for the establishment * * * of significance due to their conservation, foreign-trade zones in ports of entry of National Oceanic and Atmospheric recreational, ecological, historical, the United States, to expedite and Administration research, educational, and aesthetic encourage foreign commerce, and for qualities. other purposes,’’ as amended (19 U.S.C. National Marine Sanctuary Symbol The Program currently has 14 81a–81u) (the Act), the Foreign-Trade AGENCY: Sanctuaries and Reserves designated sites including Olympic Zones Board (the Board) is authorized to Division (SRD), Office of Ocean and Coast, Cordell Bank, Gulf of the grant to qualified corporations the Coastal Resources Management (OCRM), Farallones, Monteray Bay, Channel privilege of establishing foreign-trade National Ocean Service (NOS), National Islands, Hawaiian Islands Humphack zones in or adjacent to U.S. Customs Oceanic and Atmospheric Whale, Fagatele Bay, Flower Garden ports of entry; Administration (NOAA), Department of Banks, Looe Key, Key Largo, Gray’s Whereas, the Board’s regulations (15 Commerce. Reef, the Monitor, Florida Keys, and the CFR Part 400) provide for the ACTION: Notice. Stellwaen Bank National Marine establishment of special-purpose Sanctuaries. subzones when existing zone facilities SUMMARY: SRD is announcing the In 1992, with the passage of the cannot serve the specific use involved; adoption of a symbol for the National National Marine Sanctuaries Act, Pub. Whereas, an application from the Port Marine Sanctuary Program as required L. 102–587, Congress directed the of Freeport, Texas (Brazos River Harbor by the National Marine Sanctuaries Act. National Marine Sanctuary Program to Navigation District), grantee of Foreign- The symbol is one element of a pilot enhance funding for the designation and Trade Zone 149, for authority to project to enhance funding for management of national marine establish special-purpose subzone status designation and management of national sanctuaries through the creation, at the chemical products manufacturing marine sanctuaries. In accordance with adoption and marketing of a logo. facilities of BASF Corporation in the Act, SRD is publishing, in the Through a partnership with the National Freeport, Texas, was filed by the Board Federal Register, the symbol shown in Fish and Wildlife Foundation, the on February 2, 1993, and notice inviting the attachment to this document. This Sanctuary Program received pro bono public comment was given in the symbol shall be the official symbol for assistance from Lintas, a national public 15904 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices relations and marketing firm, in Sanctuary Program is authorized to sell an official sponsor of the National developing the sanctuary symbol. rights to the logo for such use and retain Marine Sanctuary Program or of an The National Marine Sanctuaries Act the funds to enhance and manage individual sanctuary should contact also directs the Sanctuary Program to National Marine Sanctuaries. The Justin Kenney. solicit and designate official sponsors of symbol is the property of the United Dated: March 22, 1995. the Program or of individual National States and it is unlawful for any person, W. Stanley Wilson, Marine Sanctuaries. These sponsors except a designated sponsor, to Assistant Administrator for Ocean Services shall be authorized to manufacture, manufacture, reproduce or use the and Coastal Zone Management. reproduce, or use the symbol. The symbol. Persons interested in becoming BILLING CODE 3510±08±M

Attachment—National Marine Sanctuary Symbol

[FR Doc. 95–7508 Filed 3–27–95; 8:45 am] NW., Columbia B Room, in Washington, Student Loan Program and an in-depth BILLING CODE 3510±08±M DC 20001. study of student loan simplification. As FOR FURTHER INFORMATION CONTACT: a result of passage of the Omnibus Dr. Brian K. Fitzgerald, Staff Director, Budget Reconciliation Act (OBRA) of DEPARTMENT OF EDUCATION Advisory Committee on Student 1993, Congress assigned the Advisory Financial Assistance, 1280 Maryland Committee the major task of evaluating Advisory Committee on Student Avenue SW., Suite 601, Washington, DC the Ford Federal Direct Loan Program Financial Assistance; Hearing 20202–7582 (202) 708–7439. (FDLP) and the Federal Family Education Loan Program (FFELP). The AGENCY: Advisory Committee on SUPPLEMENTARY INFORMATION: The Committee will report to the Secretary Student Financial Assistance, Advisory Committee on Student and Congress on not less than an annual Education. Financial Assistance is established basis on the operation of both programs under Section 491 of the Higher ACTION: Notice of upcoming hearing. and submit a final report by January 1, Education Act of 1965 as amended by 1997. SUMMARY: This notice sets forth the Public Law 100–50 (20 U.S.C. 1098). schedule and proposed agenda of a The Advisory Committee is established The Advisory Committee will meet in forthcoming hearing sponsored by the to provide advice and counsel to the Washington, DC on April 11, 1995, from Advisory Committee on Student Congress and the Secretary of Education 9 a.m. to 5 p.m. Financial Assistance. This notice also on student financial aid matters, The proposed agenda includes describes the functions of the including providing technical expertise discussion sessions on the FFELP. Committee. This document is intended with regard to systems of need analysis Among the topics to be addressed are: to notify the general public. and application forms, making an update on current and future DATE AND TIME: Tuesday, April 11, 1995, recommendations that will result in the opportunities for streamlining the beginning at 9:00 a.m. and ending at maintenance of access to postsecondary FFELP; program integrity; and stability 5:00 p.m. education for low- and middle-income in the FFELP. Those who cannot attend ADDRESSES: The Hyatt Regency students, conducting a study of the hearing are invited to submit written Washington, 400 New Jersey Avenue institutional lending in the Stafford testimony for the record. Written Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15905 testimony should be mailed to the regulations issued in implementation of Board, in its recommendation 94–1, and Advisory Committee office. Space is those Acts. by DOE stakeholders. limited and you are encouraged to Further information regarding this The purpose of DOE’s action would register early if you plan to attend. To Advisory Committee can be obtained be to (1) prevent the potential release of register, please fax your name, title, from Rachel Murphy Samuel at (202) radioactive materials into the air or the affiliation, complete address, telephone 586–3279. soil surrounding the K-Basins storage area and their potential migration number, and fax number to the Issued in Washington, DC, on March 20, Advisory Committee staff office at (202) 1995. through the soil column and into the nearby Columbia River due to a failure 401–3467. If you are unable to fax, JoAnn Whitman, please mail your registration of the existing K-Basins, (2) reduce Deputy Advisory Committee Management occupational radiation exposure, (3) information or contact the Advisory Officer. Committee staff office at (202) 708– enhance near-term safety by eliminating [FR Doc. 95–7604 Filed 3–27–95; 8:45 am] 7439. Also, you may register through the risks posed to the public and INTERNET at Hope—[email protected]. BILLING CODE 6450±01±M workers by the formation of reactive The registration deadline is Thursday, compounds during continued deterioration of SNF in the K-Basins. April 6, 1995. Preparation of an Environmental Records are kept of all Committee DOE proposes to take expeditious Impact Statement for the Management action to reduce risks to public health proceedings, and are available for public of Spent Nuclear Fuel From the K- inspection at the Office of the Advisory and the environment by removing SNF Basins at the Hanford Site, Richland, from the K-Basins and, subsequently, to Committee on Student Financial WA Assistance, 1280 Maryland Avenue SW., take action to manage the SNF in a safe Suite 601, Washington, DC from the AGENCY: U.S. Department of Energy. and environmentally sound manner for up to 40 years until ultimate disposition hours of 9 a.m. to 5:30 p.m., weekdays, ACTION: Notice of intent to prepare an except Federal holidays. decisions are made and implemented. environmental impact statement. The EIS would evaluate a range of Dated: March 22, 1995. implementation alternatives for the SUMMARY: The U.S. Department of Brian K. Fitzgerald, proposed action, including alternative Energy (DOE) announces its intent to Staff Director, Advisory Committee on SNF management locations (relocating prepare an Environmental Impact Student Financial Assistance. the SNF to a new, or modified existing Statement (EIS) pursuant to the National [FR Doc. 95–7528 Filed 3–27–95; 8:45 am] facility at the Hanford Site or other DOE Environmental Policy Act (NEPA) of BILLING CODE 4000±01±M sites), alternative storage methods (wet 1969 (42 U.S.C. 4321 et seq.), the or dry storage), and alternative Council on Environmental Quality stabilization technologies that might be NEPA regulations (40 CFR Parts 1500– DEPARTMENT OF ENERGY used to prepare the SNF for storage until 1508) and the DOE NEPA regulations decisions on ultimate disposition are (10 CFR Part 1021) to examine made and implemented at either a Office of Energy Efficiency and alternatives for the management of spent Renewable Energy domestic or foreign facility. The EIS nuclear fuel (SNF) currently stored in would also evaluate a no action the K-East and K-West SNF storage National Electric and Magnetic Fields alternative involving continued storage basins (K-Basins) at the Hanford Site. Advisory Committee; Reestablishment of fuel in the K-Basins, including DOE also announces its intent to continued maintenance, monitoring and Pursuant to section 14(a)(2)(a) of the conduct public meetings on the surveillance, and an alternative Federal Advisory Committee Act and in proposed scope of the EIS and invites involving continued storage in the K- accordance with title 41 of the Code of public comment on the proposed scope, Basins with safety upgrades that might Federal Regulations, Section 101– including the issues and alternatives to include overpacking existing fuel 6.1015, and following consultation with be evaluated in the EIS. containers and performing life extension the Committee Management Secretariat, Approximately 2100 metric tons of upgrades for the K-Basins. General Services Administration, notice uranium in the form of irradiated Under all of the implementation is hereby given that the National defense production reactor fuels are alternatives for the proposed action, Electric and Magnetic Fields Advisory stored in the Hanford K-Basins, 40-year- sludge would be removed from the K- Committee has been reestablished for a old facilities located near the Columbia East Basin and stored, treated or 2-year period. The Committee will River. The K-East Basin has leaked disposed of using existing waste provide advice to the Secretary of water in the past and may still be management systems. Water remaining Energy and the Director of the National leaking small quantities of water. Much in the K-Basins after SNF and sludge Institute of Environmental Health of the SNF stored there is damaged and removal would be treated and disposed Sciences. continues to deteriorate. The K-Basins of and the K-Basins would be The reestablishment of the National are not suitable for long-term SNF deactivated. Electric and Magnetic Fields Advisory storage. DOE also proposes to take several Committee has been determined to be In a November 1993 report entitled, interim actions to improve the safety essential to the conduct of the ‘‘Spent Fuel Working Group Report on posture of the K-Basins and to support Department’s business and to be in the Inventory and Storage of the the preparation of this EIS. These public interest in connection with the Department’s Spent Nuclear Fuel and include the construction of cofferdams performance of duties imposed upon the other Reactor Irradiated Nuclear to mitigate the consequences of a basin Department of Energy by law. The Materials and their Environmental, failure, characterization of the K-Basins Committee will operate in accordance Safety, and Health Vulnerabilities,’’ SNF and sludge, facility maintenance or with the provisions of the Federal DOE identified K-Basins storage upgrades needed for continued safe Advisory Committee Act, the problems as requiring priority attention. operations, dose reduction activities, Department of Energy Organization Act Similar findings have been reached by and removal of debris such as unused (Public Law 95–91), and rules and the Defense Nuclear Facilities Safety canisters and discarded tools from the 15906 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

K-Basins. DOE is also preparing an consideration. Comments postmarked the Implementation Plan will be made environmental assessment for a after that date will be considered to the available for inspection in the public proposed interim action to move extent practicable. Oral and written reading rooms listed below. approximately four metric tons of SNF comments will be received at public ADDRESSES: Written comments on the from the Plutonium Uranium Extraction scoping meetings to be held on the dates scope of the K-Basins EIS, questions Plant (PUREX) and the N-Reactor to the and at the locations given below: concerning the Hanford Site SNF K-Basins for storage and subsequent project, requests to speak at the public management with the SNF already in Hanford-House Red Lion, Apr. 18, 1995. meetings, and requests for copies of the the K-Basins. 802 George Washington Implementation Plan and/or the Draft DOE is considering system-wide Way, Richland, WA EIS should be directed to the DOE 99352, Phone: (509) management alternatives for all of its Document Manager listed below. SNF (including that currently stored in 946–7611 or (800) 547– FOR FURTHER INFORMATION CONTACT: the K-Basins and elsewhere at Hanford) 8010. Spokane Shilo Inn, 923 Apr. 20, 1995. Suzanne Clark, Document Manager, K- in the Programmatic SNF Management East 3rd Avenue, Spo- Basins EIS Scoping Comments, U.S. and Idaho National Engineering kane, WA 99202, Department of Energy, Post Office Box Laboratory Environmental Restoration Phone: (509) 535–9000. 550, Richland, Washington 99352, and Waste Management Programs EIS, Portland Red Lion Inn, Apr. 25, 1995. Telephone: 509–376–9055 or 1–800– DOE/EIS–0203 (SNF PEIS). In the 310 S.W. Lincoln, Port- 321–2008. Record of Decision for the SNF PEIS, land, OR 97201, Phone: For information on the DOE NEPA which DOE expects to issue by June (503) 221–0450. process, contact: Carol Borgstrom, 1995, DOE will make strategic decisions Seattle Center, 305 Har- Apr. 27, 1995. Director, Office of NEPA Policy and regarding the future management of SNF rison Street, Seattle, WA 98109, Phone: Assistance (EH–42), U.S. Department of until ultimate disposition decisions are (206) 684–7202. Energy, 1000 Independence Avenue, made and implemented. Site-specific S.W., Washington, D.C. 20585, NEPA documents would be prepared, as Each scoping meeting will begin with Telephone: 202–586–4600, or leave a appropriate, to implement the a short presentation by DOE officials on message at 1–800–472–2756. programmatic decisions made in the the EIS process, the overall Hanford Site Copies of DOE documents referenced SNF PEIS. SNF project, and the proposed action. In the K-Basins EIS, DOE plans to Individuals and organization in this notice and related background address both the expeditious removal spokespersons will then be invited to information are available for inspection and temporary storage of K-Basins SNF, present comments. The agenda will be during normal business hours at the and the subsequent management of that repeated twice daily at each location, following locations: SNF. DOE believes that expeditious with afternoon and evening sessions. 1. U.S. Department of Energy, Forrestal removal and storage of K-Basins SNF The hours for the sessions will be: 1 pm Building, Freedom of Information away from the Columbia River is needed to 4:30 pm and 6:30 pm to 10 pm. Reading Room 1E–190, 1000 to reduce risks to public health and the Requests to speak at these meetings Independence Avenue, SW., environment, and that this part of its may be made at the meeting or by Washington, DC 20585, Phone: (202) proposed action would be compatible calling the toll-free telephone number, 586–6020 with the full range of alternatives for 1–800–321–2008, by 3:00 pm the day 2. Richland Public Library, 955 subsequent management of K-Basins before the meeting or by writing to Northgate, Richland, WA 99352–3539, SNF being evaluated in the SNF PEIS Suzanne Clark (see ADDRESSES, below). Phone: (509) 943–7457 (i.e., the K-Basins fuels would either be Speakers will be heard on a first-come 3. Foley Center Library, Gonzaga managed at the Hanford Site, or shipped first-served basis as time permits. University, E. 502 Boone, Spokane, offsite for management at another Written comments will also be accepted WA 99258, Phone: (509) 484–2831 location). at the meetings, and speakers are 4. Branford Price Millar Library, Any decision on expeditious removal encouraged to provide written versions Government Documents Section, and subsequent management of K- of their oral comments for the record. Portland State University, 924 Basins SNF would be made and The meetings will be conducted by a Southwest Harrison, Portland, OR implemented in a manner consistent moderator who may ask speakers 97201, Phone: (509) 725–4617 with programmatic decisions on clarifying questions. Individuals 5. Suzzallo Library, Government management of all of DOE’s SNF that requesting to speak on behalf of an Publications, University of will be made in the SNF PEIS Record of organization must identify the Washington, Seattle, WA 98195, Decision. organization. Time limits for speakers Phone: (206) 543–9158 DATES: DOE invites all interested parties will be determined by the number of 6. U.S. DOE Public Reading Room, to submit written comments or speakers and the allotted time. Washington State University, 100 suggestions concerning the scope of the Comments will be recorded by a court Sprout Road (Room 130), Richland, issues to be addressed, alternatives to be reporter and will become part of the WA 99352, Phone: (509) 376–8583 analyzed, and the environmental scoping meeting record. DOE will also SUPPLEMENTARY INFORMATION: DOE impacts to be assessed in the K-Basins provide opportunities for informal operated nine water-cooled, graphite- EIS during a comment period ending discussions about the scope and content moderated reactors, from 1944 to 1988 May 12, 1995. of the EIS, and will make subject matter at the Hanford Site to produce The public is also invited to attend experts available to answer questions plutonium by irradiating uranium. Most scoping meetings at which oral about the proposal. of the irradiated nuclear fuel (referred to comments may be presented on the DOE will review the comments and in this Notice as SNF) from these scope of the EIS. Oral and written will prepare an Implementation Plan reactors was reprocessed at Hanford comments will be considered equally in that will record the results of the chemical separations facilities to preparation of the EIS. scoping process; provide guidance for recover plutonium, uranium, and other Written comments must be preparation of the EIS; and establish its materials to support the DOE nuclear postmarked by May 12, 1995 to ensure scope, content, and schedule. Copies of weapons production mission. In 1992, Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15907 because additional quantities of these Proposed Action treatment and dry storage. As part of the materials were no longer needed, DOE proposes to take expeditious first step, after removing the fuel, DOE reprocessing was halted at the Hanford action to reduce risks to public health would deactivate the K-Basins, which Site before all the SNF was reprocessed. and the environment by removing SNF would involve removal and, as As a result, approximately 2100 metric from the K-Basins and, subsequently, to appropriate, treatment, storage and tons of SNF remains in storage at the take action to manage the SNF in a safe disposal of the K-East Basin sludge and Hanford Site’s K-Basins in the 100–K and environmentally sound manner the water from both basins using Area. Additional SNF from a variety of until ultimate disposition decisions are existing waste management systems at defense and research missions remains made and implemented. the Hanford Site. Taking this first step at other locations at the Hanford Site. would be compatible with the full range Preliminary Description of Alternatives of the reasonable alternatives for The K-East and K-West Basins were subsequent management of K-Basin or constructed in the early 1950s to The proposed K-Basins EIS would other DOE SNF, and would be provide temporary storage of fuel analyze the potential environmental consistent with the full range of discharged from the K Reactors. The K consequences of reasonable alternatives alternatives that DOE is considering in Reactors were shut down in 1970, and for reducing risks associated with the management of SNF in the K-Basins. A the SNF PEIS. the basins were subsequently used to The second step would involve preliminary list of alternatives includes: store SNF from N Reactor. The basins subsequent actions to continue to (1) Continued storage in the K-Basins are located approximately 1,000 feet manage the SNF in a safe and with no modifications except for from the Columbia River. They are environmentally responsible manner continued maintenance, monitoring, unlined, concrete, 1.3 million-gallon until ultimate disposition decisions are and ongoing safety upgrades (no action); water pools with an asphaltic membrane made and implemented. DOE will (2) enhanced storage in the K-Basins, beneath each basin. The K-East Basin consider a full range of reasonable which would involve overpacking SNF presently stores approximately 1,150 alternatives, including deferring the and performing facility life extension metric tons of SNF. The SNF has been second step. Alternatives to be stored under water in open-top canisters safety upgrades at the K-Basins in considered would include alternative for periods ranging from 6 to 23 years. addition to the monitoring, maintenance SNF management locations at the The fuel is corroding, and an estimated and ongoing safety upgrades; and (3) Hanford Site or, depending on decisions 50 cubic meters of sludge (containing alternatives for implementing the to be made based on the SNF PEIS, at radionuclides, corrosion products and proposed action that would involve other DOE sites. Alternative storage miscellaneous materials) has removal of K-Basins SNF, temporary methods include wet storage and dry accumulated in the basin. The K-East storage of the SNF at a newly storage. The K-Basin SNF may require basin has leaked to the environment, constructed facility or modified existing stabilization to eliminate potential most likely at the basin discharge chute facility, and subsequent management at reactivity or pyrophoricity and ensure construction joint. The asphaltic Hanford or processing at a foreign its safe management. Alternative membrane does not extend beneath this facility or an offsite location, depending stabilization technologies to be area. on decisions to be made based on the considered would include surface SNF PEIS. The no-action alternative is The K-West Basin presently stores passivation (drying, dehydriding and included to provide a baseline for approximately 950 metric tons of SNF. then canning in an inert atmosphere), comparison among alternatives, and to Prior to storage in the K-West Basin, the calcining (dissolving, oxidizing, and comply with the Council on SNF was placed in closed containers, so solidifying the SNF), and other Environmental Quality regulation (40 there is no appreciable sludge buildup processing (including dissolving, CFR 1502.14 (d)) that requires in the K-West Basin. The K-West Basin oxidizing, separating, and solidifying consideration of a no-action alternative. is not believed to be leaking. The SNF components) at a domestic or Under all of the removal alternatives, discharge chute construction joints foreign facility. the first step would involve placing the between the foundations of the Basins Any decision to remove and K-Basin SNF canisters and sludge and the K Reactors are not adequately subsequently manage K-Basin SNF adhering to or within the canisters after reinforced, and a seismic event could would be made and implemented in a sludge removal activities in wet or trigger considerable leakage due to manner consistent with the SNF PEIS damp multi-canister overpacks, sealing displacement. Record of Decision. The SNF PEIS an inert atmosphere in the overpacks, alternatives include a No Action In February 1994, the Defense Nuclear and transferring the overpacked SNF alternative under which DOE would Facilities Safety Board, in its and canister sludge to a newly- take only those minimal actions that are Recommendation 94–1 to DOE, constructed or modified existing facility required for safe and secure SNF expressed significant concern with at the Hanford site for temporary management; a Decentralization continued storage at the K-East Basin, as storage. One option that DOE is Alternative that would require SNF follows: considering involves modifying the irradiated at Hanford to be managed at ‘‘The K-East Basin at the Hanford Site existing foundation for the high-level Hanford; a 1992/1993 Planning Basis contains hundreds of tons of deteriorating waste canister storage building at Alternative that would ship TRIGA irradiated nuclear fuel from the N Reactor. Hanford to serve as a storage facility for reactor fuel currently stored at Hanford This fuel has been heavily corroded during the K-Basin SNF. (Construction of the to Idaho National Engineering its long period of storage under water, and canister storage building was halted at Laboratory, but otherwise would be the the bottom of the basin is now covered by a the foundation stage when the high- same as the decentralization alternative; thick deposit of sludge containing actinide level waste vitrification project was a Regionalization Alternative that compounds and fission products. The basin suspended.) The canister storage considers shipping Hanford SNF offsite is near the Columbia River. It has leaked on building could also be modified to or naming Hanford as the regional several occasions, is likely to leak again, and accommodate subsequent (second step, management location for SNF west of has design and construction defects that see below) SNF management actions the Mississippi River; and a make it seismically unsafe.’’ that may be needed, including SNF Centralization Alternative where all 15908 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

SNF would be sent to one site (Hanford fire protection, and certain maintenance This evaluation was followed by a Plan or another candidate site) for systems, and the ion exchange system of Action to Resolve Spent Nuclear Fuel management. Under these alternatives, used to treat the water in the K-Basins. Vulnerabilities in February 1994, which K-Basins SNF would either be managed Debris (unused canisters, discarded identified three phases to resolve those at Hanford or shipped to the regional or tools and similar items) would be vulnerabilities. The Phase I Action Plan, central storage site (if Hanford is not removed from the K-Basins and which addresses the most urgent chosen as the regional or central storage managed as solid waste. activities (including the Hanford K- site). Basins), was issued immediately. The Compatibility With Possible Future Phase II Action Plan was released in Interim Actions Decisions April 1994 for public comment. The DOE has prepared an Environmental The phase-out of chemical Phase III Action Plan was issued in Assessment for the proposed reprocessing in support of the weapons October 1994. All of these documents Characterization of Stored Defense production mission throughout the DOE are available upon request from the K- Production Spent Nuclear Fuel and complex resulted in the need to identify Basins EIS Document Manager Associated Materials at Hanford Site, a strategy for the management of all identified above. Richland, Washington, (DOE/EA–1030, DOE-owned SNF until its ultimate March 1995), to obtain information disposition. To that end, DOE is Related NEPA Documentation needed to analyze the environmental preparing the SNF PEIS. The Draft SNF Department of Energy NEPA impacts of alternative methods of PEIS was issued for public comment in documents have been or are being removing and managing the fuel and June 1994, the final SNF PEIS is prepared that are related to, but not sludge in the K-Basins. The proposed scheduled to be issued by April 30, within the proposed scope of, the K- characterization would support the 1995, and the Record of Decision by Basins EIS. These include: preparation of this EIS. The June 1995. The SNF PEIS Record of 1. Programmatic Spent Nuclear Fuel characterization data are also needed to Decision would establish programmatic Management and Idaho National help DOE develop safety analyses for direction for DOE SNF management, Engineering Laboratory Environmental management of K-Basins and other and would identify which DOE sites Restoration and Waste Management Hanford SNF, including those for would manage DOE SNF until ultimate Programs Draft EIS, DOE/EIS–0203–D, transportation and conditioning. DOE disposition decisions are made and June 1994. Hanford is being considered issued a Finding of No Significant implemented. Proposals to implement as a candidate site for a full range of Impact for this action on March 13, the programmatic decisions regarding SNF management functions. 1995. Hanford’s role in the Department’s Alternatively, Hanford Site SNF would DOE is also preparing an overall SNF strategy would be covered be transported for management at other environmental assessment for the in Hanford-specific NEPA documents, DOE site(s). DOE expects to complete proposal to transfer approximately four such as the K-Basins EIS. the Final EIS in April, 1995 and Issue metric tons of defense production DOE plans to address in the K-Basins a Record of Decision by June 1, 1995. reactor irradiated fuel to the K-Basins to EIS both the expeditious removal and 2. Proposed Nuclear Weapons enable deactivation of the Plutonium/ temporary storage of K-Basins SNF, and Nonproliferation Policy Concerning Uranium Extraction (PUREX) Plant and the subsequent management of that Foreign Research Reactor Spent Nuclear the N-Reactor. This proposed transfer of SNF. DOE believes that expeditious Fuel, Draft EIS in preparation, DOE/ fuel, which involves a relatively small removal and temporary storage of K- EIS–0218D. Hanford is being considered amount of SNF, is intended to eliminate Basins SNF away from the Columbia as a candidate site for the management safety risks associated with continued River is needed to reduce risks to public of foreign research reactor fuel. storage of SNF at the PUREX plant and health and the environment, and that Management alternatives at Hanford N-Reactor. The PUREX Plant and N- this part of its proposed action would be include wet or dry storage as well as Reactor inventories would not add compatible with the full range of processing in new or existing facilities. appreciably to the amount of SNF alternatives for subsequent management The Draft EIS is scheduled to be issued currently stored in the K-Basins or to of K-Basins SNF to be evaluated in the in April, 1995. the environmental impacts of continued SNF PEIS (i.e., the K-Basins fuels would 3. Waste Management Programmatic storage in the K-Basins during the time either be managed at the Hanford Site, Environmental Impact Statement, Draft needed for the Department to or shipped offsite for management at EIS in preparation (DOE/EIS–0200). implement decisions on management of another location). Any decision on Hanford is being considered as an K-Basins SNF. expeditious removal and subsequent alternative site for centralized or DOE also proposes to take other near- management of K-Basins SNF would be regionalized management of DOE term actions to improve the safety made and implemented in a manner wastes. Alternatively, Hanford would posture of the K-Basins. Installation of consistent with decisions on manage its own wastes or ship its cofferdams would isolate the discharge management of other SNF that DOE will wastes offsite for management at chute and prevent leaks in the event of make in the SNF PEIS Record of another DOE facility and/or a a basin failure. The cofferdams also Decision. commercial facility. DOE plans to issue would prevent the potential release of a draft EIS in May 1995, and complete Additional Technical Information radioactively contaminated water and the final EIS in February 1996. possible airborne releases that could Additional technical information on 4. Environmental Impact Statement, result from exposed sludge and SNF the conditions at the K-Basins is Tank Waste Remediation System, Draft after a basin failure. (Sludge could be provided in the November 1993 report, EIS under preparation. This EIS will released to the air as a dry powder, or ‘‘Spent Fuel Working Group Report on examine the continued management, the potentially pyrophoric SNF could Inventory and Storage of the and eventual treatment, storage and ignite if it is not kept wet until it is Department’s Spent Nuclear Fuel and disposal of high-level radioactive wastes stabilized.) Systems needed for safe other Reactor Irradiated Nuclear stored in the Hanford Tank farms. operations would be upgraded, Materials and their Environmental, 5. Environmental Impact Statement, including the electrical, potable water, Safety, and Health Vulnerabilities.’’ Disposal of Hanford High-Level, Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15909

Transuranic, and Tank Wastes, DOE/ minority populations (environmental 8:25 a.m. Approval of Minutes EIS–0113, December 1987. justice). 8:30 a.m. Public Comment • 6. Environmental Impact Statement, Unavoidable adverse environmental 10:45 a.m. Discussion, Final Report and Operation of PUREX and Uranium effects. Recommendation • Short-term uses of the environment Oxide Plant Facilities, DOE/EIS–0089, 12:15 p.m. Lunch February 1982. versus long-term productivity. 1:30 p.m. Discussion, Final Report and 7. Environmental Impact Statement, • Potential irretrievable and Recommendation (continued) Waste Management Operations, Hanford irreversible commitment of resources. 5:00 p.m. Meeting Adjourned Reservation, Richland, Washington, Issued in Washington, DC, this 20th day of ERDA–1538, 1975, U.S. Energy and March, 1995. Tuesday, April 11, 1995 Research Development Administration, Peter N. Brush, 8:30 a.m. Opening Remarks Washington, D.C. Principal Deputy Assistant Secretary for 8. Environmental Impact Statement, Environment, Safety and Health. 8:40 a.m. Discussion, Final Report and Recommendation Decommissioning of Eight Surplus [FR Doc. 95–7607 Filed 3–27–95; 8:45 am] Production Reactors at the Hanford Site, 12:15 p.m. Lunch BILLING CODE 6450±01±P Richland, Washington, DOE/EIS–0119, 1:30 p.m. Discussion, Final Report and December 1992. Recommendation (continued) 9. Environmental Assessment of 105– Advisory Committee on Human 5:00 p.m. Meeting Adjourned KE and 105–KW Basins Fuel Radiation Experiments; Notice Encapsulation and Repackaging, 100–K Wednesday, April 12, 1995 Area, Hanford Site, Richland, AGENCY: U.S. Department of Energy. 8:30 a.m. Opening Remarks Washington, DOE/EA–0535, June 1992. ACTION: Notice of open meeting. 8:05 a.m. Discussion, Final Report and 10. Environmental Assessment for SUMMARY: Under the provisions of the Recommendation Characterization of Stored Defense 10:30 a.m. Break Production Spent Nuclear Fuel and Federal Advisory Committee Act (Pub. 11:00 a.m. Discussion, Final Report and Associated Materials at Hanford Site, L. No. 92–463, 86 Stat. 770), notice is Recommendation (continued) Richland, Washington, DOE/EA–1030, hereby given of the following meeting: March 1995. Date and Time: April 10, 1995, 8:15 a.m.– 1:00 p.m. Meeting Adjourned 11. Environmental Assessment: 5:00 p.m., April 11, 1995, 8:30 a.m.–5:00 A final agenda will be available at the Transfer of Plutonium Uranium p.m., April 12, 1995, 8:30 a.m.–1:00 p.m. meeting. Extraction Plant and 105 N Reactor Place: The Madison Hotel, 15th and M Public Participation Irradiated Fuel for Encapsulation and Streets, NW., Washington, DC. Storage at the 105 KE and 105 KW FOR FURTHER INFORMATION CONTACT: The meeting is open to the public. Reactor Fuel Storage Basins, 100 and Steve Klaidman, The Advisory The chairperson is empowered to 200 Areas, Hanford Site, Richland, Committee on Human Radiation conduct the meeting in a fashion that Washington, DOE/EA–0988, in Experiments, 1726 M Street, NW, Suite will facilitate the orderly conduct of preparation. 600, Washington, DC 20036. Telephone: business. Any member of the public (202) 254–9795 Fax: (202) 254–9828. who wishes to file a written statement Preliminary Identification of with the Advisory Committee will be Environmental Issues SUPPLEMENTARY INFORMATION: permitted to do so, either before or after The following issues have been Purpose of the Committee the meeting. Members of the public who tentatively identified for analysis in the The Advisory Committee on Human wish to make a five-minute oral EIS. The list is presented to facilitate Radiation Experiments was established statement should contact Kristin Crotty comment on the scope of the EIS. It is by the President, Executive Order No. of the Advisory Committee at the not intended to be all-inclusive or to 12891, January 15, 1994, to provide address or telephone number listed predetermine the potential impacts of advice and recommendations on the above. Requests must be received at any of the alternatives: least five business days prior to the • ethical and scientific standards Effects on the public and on-site applicable to human radiation meeting and reasonable provisions will workers from releases of radiological experiments carried out or sponsored by be made to include the presentation on and nonradiological materials during the United States Government. The the agenda. This notice is being normal operations and reasonably Advisory Committee on Human published less than 15 days before the foreseeable accidents. date of the meeting due to programmatic • Radiation Experiments reports to the Effects on air and water quality Human Radiation Interagency Working issues that had to be resolved prior to from normal operations and accidents. Group, the members of which include publication. • Cumulative effects, including the Secretary of Energy, the Secretary of impacts from other past, present, and Transcript Defense, the Secretary of Health and reasonably foreseeable actions at the Human Services, the Secretary of Available for public review and site. Veterans Affairs, the Attorney General, copying at the office of the Advisory • Effects on endangered species, the Administrator of the National Committee at the address listed above archaeological/historical sites, Aeronautics and Space Administration, between 9 a.m. and 4 p.m., Monday floodplains, and wetlands. the Director of Central Intelligence, and through Friday, except Federal holidays. • Effects on future decommissioning the Director of the Office of actions. Issued in Washington DC on March 23, • Effects from transportation and Management and Budget. 1995 from transportation accidents. Tentative Agenda Rachel M. Samuel, • Socioeconomic impacts on Acting Deputy Advisory Committee surrounding communities. Monday, April 10, 1995 Management Officer. • Disproportionately high and 8:15 a.m. Call to order and Opening [FR Doc. 95–7605 Filed 3–27–95; 8:45 am] adverse effects on low-income and Remarks BILLING CODE 6450±01±P 15910 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

Federal Energy Regulatory [Docket No. ID±2872±000] Commission and are available for public Commission inspection. Allan D. Gilmour; Notice of Filing Lois D. Cashell, [Docket No. RP95±208±000] March 22, 1995. Secretary. Take notice that on March 20, 1995, [FR Doc. 95–7537 Filed 3–27–95; 8:45 am] Kansas and Oklahoma Cities v. Allan D. Gilmour (Applicant), tendered BILLING CODE 6717±01±M Williams Natural Gas Company; Notice for filing an application under Section of Complaint and Request for 305(b) to hold the following interlocking [Docket No. ER95±412±000] Declaratory Order positions: Dayton Power & Light Co.; Notice of March 22, 1995. Director—The Detroit Edison Company Director—The Prudential Insurance Filing Take notice that on March 15, 1995, Company of America March 22, 1995. The Kansas and Oklahoma Cities Any person desiring to be heard or to (Cities) filed an Emergency Complaint Take notice that on March 13, 1995, protest said filing should file a motion Dayton Power & Light Company and Request for Declaratory order to intervene or protest with the Federal relating to William Natural Gas tendered for filing an amendment in the Energy Regulatory Commission, 825 above-referenced docket. Company’s (WNG) proposed new Third North Capitol Street, NE., Washington, Any person desiring to be heard or to Right of First Refusal Procedure (ROFR), DC 20426, in accordance with Rules 211 protest said filing should file a motion required by the Commission in its order and 214 of the Commission’s Rules of to intervene or protest with the Federal in this proceeding on November 4, 1994. Practice and Procedure (18 CFR 385.211 Energy Regulatory Commission, 825 The November order stated that the and 18 CFR 385.214). All such motions North Capitol Street, N.E., Washington, Third Open Season should be or protests should be filed on or before D.C. 20426, in accordance with Rules completed by May 1, 1995. March 31, 1995. Protests will be 211 and 214 of the Commission’s Rules On March 10, 1995, WNG sent a considered by the Commission in of Practice and Procedure (18 CFR ‘‘Notice of Non-Preferential Right determining the appropriate action to be 385.211 and 18 CFR 385.214). All such Bidders in WNG’s Order No. 636 Open taken, but will not serve to make motions or protests should be filed on Season Held in August, 1993’’ relating protestants parties to the proceeding. or before March 31, 1995. Protests will to the procedures it would apply in the Any person wishing to become a party be considered by the Commission in Third Right of First Refusal Process. must file a motion to intervene. Copies determining the appropriate action to be Cities states that since the request for of this filing are on file with the taken, but will not serve to make bids in the Third ROFR procedure will Commission and are available for public protestants parties to the proceeding. be sent by WNG to the Cities and other inspection. Any person wishing to become a party bidders as early as March 15, 1995, with Lois D. Cashell, must file a motion to intervene. Copies responses due three days thereafter, the Secretary. of this filing are on file with the Cities are forced to seek emergency [FR Doc. 95–7539 Filed 3–27–95; 8:45 am] Commission and are available for public action from the Commission in order to BILLING CODE 6717±01±M inspection. ensure that the Commission’s Lois D. Cashell, instructions for the conduct of the Third Secretary. Right of First Refusal Process have been [Docket No. ER95±83±000] [FR Doc. 95–7538 Filed 3–27–95; 8:45 am] properly carried out. BILLING CODE 6717±01±M Dayton Power & Light Co.; Notice of Any person desiring to be heard or to Filing protest said complaint should file a [Docket No. GT95±28±000] motion to intervene or a protest with the March 22, 1995. K N Interstate Gas Transmission Co.; Federal Energy Regulatory Commission, Take notice that on March 13, 1995, Notice of Refund Report 825 North Capitol Street NE., Dayton Power & Light Company Washington, D.C. 20426, in accordance tendered for filing additional March 22, 1995. with Rules 214 and 211 of the information in the above-referenced Take notice that on March 16, 1995, Commission’s Rules of Practice and docket. K N Interstate Gas Transmission Co. Procedure 18 CFR 385.214, 385.211. All Any person desiring to be heard or to (KNI), filed a refund report in the such motions or protests should be filed protest said filing should file a motion referenced docket. KNI states that the on or before April 11, 1995. Protests will to intervene or protest with the Federal refund report shows the Kansas ad be considered by the Commission in Energy Regulatory Commission, 825 valorem tax refund amounts refunded determining the appropriate action to be North Capitol Street NE., Washington, by first sellers and the allocation of taken, but will not serve to make DC 20426, in accordance with Rules 211 those refund amounts to former protestants parties to the proceeding. and 214 of the Commission’s Rules of jurisdictional sales customers. These Any person wishing to become a party Practice and Procedure (18 CFR 385.211 amounts were paid on March 13, 1995. must file a motion to intervene. Copies and 18 CFR 385.214). All such motions KNI further states that copies of the of this filing are on file with the or protests should be filed on or before filing were served upon former Commission and are available for public March 31, 1995. Protests will be jurisdictional sales customers of K N inspection. Answers to this complaint considered by the Commission in Energy, Inc. and interested state shall be due on or before April 11, 1995. determining the appropriate action to be commissions. taken, but will not serve to make Any person desiring to be heard or to Lois D. Cashell, protestants parties to the proceeding. protest said filing should file a motion Secretary. Any person wishing to become a party to intervene or protest with the Federal [FR Doc. 95–7540 Filed 3–27–95; 8:45 am] must file a motion to intervene. Copies Energy Regulatory Commission, 825 BILLING CODE 6717±01±M of this filing are on file with the North Capitol Street NE., Washington, Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15911

DC 20426, in accordance with 18 CFR or operation of the proposed facilities. or before April 6, 1995. Protests will be 385.214 and 385.211 of the Koch further indicates that it has considered by the Commission in Commission’s Rules and Regulations. sufficient capacity to accomplish the determining the appropriate action to be All such motions or protests should be deliveries without detriment or taken but will not serve to make filed on or before March 29, 1995. disadvantage to its other customers. It is protestants parties to the proceeding. Protests will be considered by the indicated that the estimated cost of Any person wishing to become a party Commission in determining the construction is $640,000. must file a motion to intervene. Copies appropriate action to be taken, but will Any person or the Commission’s Staff of this filing are on file with the not serve to make protestants parties to may, within 45 days of the issuance of Commission and are available for public the proceeding. Any person wishing to the instant notice by the Commission, inspection. become a party must file a motion to file pursuant to Rule 214 of the intervene. Copies of this filing are on Commission’s Rules of Practice and Lois D. Cashell, file with the Commission and are Procedure (18 CFR 385.214), a motion to Secretary. available for public inspection in the intervene and pursuant to § 157.205 of [FR Doc. 95–7543 Filed 3–27–95; 8:45 am] public reference room. the regulations under the Natural Gas BILLING CODE 6717±01±M Lois D. Cashell, Act (18 CFR 157.205), a protest to the Secretary. request. If no protest is filed within the [FR Doc. 95–7541 Filed 3–27–95; 8:45 am] time allowed therefor, the proposed [Docket No. CP92±508±007 and RP94±80± activities shall be deemed to be BILLING CODE 6717±01±M 007] authorized effective the day after the time allowed for filing a protest. If a National Fuel Gas Supply Corp.; Notice [Docket No. CP95±268±000] protest is filed and not withdrawn 30 of Compliance Filing days after the time allowed for filing a Koch Gateway Pipeline Co.; Notice of protest, the instant request shall be March 22, 1995. Request Under Blanket Authorization treated as an application for Take notice that on February 28, 1995, March 21, 1995. authorization pursuant to Section 7 of National Fuel Gas Supply Corporation Take notice that on March 17, 1995, the Natural Gas Act. (National Fuel), tendered for filing as as supplemented on March 21, 1995, Lois D. Cashell, part of its FERC Gas Tariff, Third Koch Gateway Pipeline Company Secretary. Revised Volume No. 1, the following (Koch), P.O. Box 1478, Houston, Texas [FR Doc. 95–7542 Filed 3–27–95; 8:45 am] tariff sheets, Substitute Second Revised 77251–1478, filed in Docket No. CP95– BILLING CODE 6717±01±M Sheet Nos. 236 and 237, to be effective 268–000 a request pursuant to July 1, 1994, and Substitute Third §§ 157.205 and 157.211 of the [Docket No. MG88±5±005] Revised Sheet Nos. 236 and 237 to be Commission’s Regulations under the effective August 24, 1994. Natural Gas Act (18 CFR 157.205 and Koch Gateway Pipeline Co.; Notice of National Fuel states that the tariff 157.211) for approval to construct and Filing operate approximately three miles of sheets are being filed in compliance six-inch pipeline and a meter/regulator March 22, 1995. with the February 13, 1995, order of the station delivery tap located in DeSoto Take notice that on March 1, 1995, Commission requiring it to flow back Parish, Louisiana for delivery of natural Koch Gateway Pipeline Company interruptible services to its SS–1 and gas to International Paper (IP), an end- (Koch), filed revised standards of SS–2 customers, effective July 1, 1994, user, pursuant to Section 7(c) of the conduct to reflect changes required by when Penn-York Energy Corporation Natural Gas Act (NGA), all as more fully Order Nos. 566 through 566–B.1 was merged into National Fuel. set forth in the request which is on file Koch states that copies of its filing National Fuel states that it is serving with the Commission and open to were mailed to all current jurisdictional copies of the filing to its firm customers, public inspection. customers, interested governmental state commissions, and other interested Koch requests authorization to bodies and parties on the official service parties. construct and operate approximately list compiled by the Secretary. 15,700 feet of six-inch pipeline and a Any person desiring to be heard or to Any persons desiring to protest said six-inch meter/regulator station which protest said filing should file a motion filing should file a protest with the will connect with Koch’s 24-inch to intervene or protest with the Federal Federal Energy Regulatory Commission, Carthage-Sterlington line near Energy Regulatory Commission, 825 825 North Capitol Street NE., Mansfield, Louisiana. Koch states these North Capitol Street NE., Washington, Washington, D.C. 20426, in accordance facilities are required to comply with DC 20426, in accordance with Rules 211 with Rule 211 of the Commission’s the terms of a transportation agreement or 214 of the Commission’s Rules of Rules of Practice and Procedure (18 CFR with IP to provide it with 20,000 Practice and Procedure (18 CFR 385.211 385.211). All such protests should be MMBtu of interruptible service on a or 385.214). All such motions to filed before March 29, 1995. Protests peak day. intervene or protest should be filed on will be considered by the Commission Koch indicates that it is authorized to in determining the appropriate action to provide interruptible transportation to 1 Standards of Conduct and Reporting be taken. Copies of this filing are on file IP in Docket No. ST95–86–000. Koch Requirements for Transportation and Affiliate Transactions, Order No. 566, 59 FR 32885 (June 27, with the Commission and are available states that it provides such 1994), III FERC Stats. & Regs. ¶30,997 (June 17, for public inspection. transportation to IP pursuant to Koch’s 1994); Order No. 566–A order on rehearing, 59 FR Lois D. Cashell, blanket certificate in Docket No. CP88– 52896 (October 20, 1994), 69 FERC ¶61,044 6–000. Koch also indicates that the (October 14 1994); Order No. 566–B, order on Secretary. rehearing, 59 FR 65707, (December 21, 1994); 69 [FR Doc. 95–7544 Filed 3–27–95; 8:45 am] volumes delivered are within IP’s FERC ¶61,334 (December 14 1994); appeal certificated entitlement and that Koch’s docketed sub nom. Conoco, Inc. v. FERC, D.C. Cir BILLING CODE 6717±01±M tariff does not prohibit the construction No. 94–1745 (December 13, 1994). 15912 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

[Docket No. RP95±80±001] Questar proposes to construct and Furthermore, in compliance with the operate one 10-inch tap, approximately Commission’s February 25, 1995 order National Fuel Gas Supply Corp.; Notice 1,250 linear feet of 103⁄4-inch pipeline in Docket No. RP91–203–046, of Supplemental Compliance Filing and appurtenant facilities at an Tennessee states it is making revisions March 22, 1995. estimated cost of $99,330. It states that to its July 7, 1994 Refund Report which Take notice that on March 16, 1995, the installation of the proposed facilities effectuated refunds for the period prior National Fuel Gas Supply Corporation will allow Questar to deliver up to to Tennessee’s restructuring (February (National) tendered a supplemental approximately 140 Mmcf per day to the 1, 1992 through August 31, 1993). filing to its February 14, 1995, WMC located in Lincoln County, Specifically, that order required compliance filing in the above- Wyoming. Questar states that the WMC Tennessee to make PTR fuel refunds in captioned proceeding. is a natural gas market hub where cash instead of in-kind, refund National National states that this filing various pipeline companies tie into a Fuel Gas Supply an additional proposes to answer all outstanding single header facility. Questar submits $738,282, plus applicable interest, concerns regarding its request for waiver that the header tie-in enables shippers associated with errors on original refund of Section 21 of its FERC Gas Tariff, to redirect natural gas, on a real-time for their T–1 contract, correct certain Third Revised Volume No. 1. National basis, from one market to another. It is errors in the original refund report states that it requested waiver of Section stated that the WMC is to be associated with PTR transportation, and 21 to the extent necessary to recover constructed, owned and operated by continue to work with customers to the interest accrued between the time it is Overland Trail Transmission Company, extent necessary to further verify their billed for upstream Account No. 186 an intrastate pipeline company, to refund calculations. As outlined below, and 191 costs and the time it receives provide service under § 311 of the Tennessee states it has made PTR fuel payment from its customers, after the Natural Gas Policy Act. refunds in cash, refunded National Fuel Commission authorizes the flow Questar explains that the proposed an additional $750,419 on February 16, through. facilities will also serve as a receipt 1995, and corrected the original refund Any person desiring to protest said point, the installation and usage of on October 28, 1994. filing should file a protest with the which is automatically authorized Tennessee states that copies of the Federal Energy Regulatory Commission, pursuant to Questar’s Part 157, Subpart refund report have been mailed to all 825 North Capitol Street, NE., F blanket certificate and by operation of affected state regulatory commissions Washington, DC 20426, in accordance the Commission’s Regulations at 18 CFR and that customers were served with with Rule 211 of the Commission’s 157.208(a). calculations supporting the refunds on Rules of Practice and Procedure (18 CFR Any person or the Commission’s staff the date which the refunds were made. 385.211). All such protests should be may, within 45 days after issuance of Any persons desiring to protest said filed on or before March 28, 1995. the instant notice by the Commission, filing should file a protest with the Protests will be considered by the file pursuant to Rule 214 of the Federal Energy Regulatory Commission, Commission in determining the Commission’s Procedural Rules (18 CFR 825 North Capitol Street NE., appropriate action to be taken but will 385.214) a motion to intervene or notice Washington, DC 20426, in accordance not serve to make protestants parties to of intervention and pursuant to with Rule 211 of the Commission’s the proceeding. Copies of this filing are § 157.205 of the Regulations under the Rules of Practice and Procedure (18 CFR on file with the Commission and are Natural Gas Act (18 CFR 157.205) a 385.211). All such protests should be available for public inspection. protest to the request. If no protest is filed before March 29, 1995. Protests Lois D. Cashell, filed within the time allowed therefor, will be considered by the Commission Secretary. the proposed activity shall be deemed to in determining the appropriate action to [FR Doc. 95–7545 Filed 3–27–95; 8:45 am] be authorized effective the day after the be taken. Copies of this filing are on file with the Commission and are available BILLING CODE 6717±01±M time allowed for filing a protest. If a protest is filed and not withdrawn for public inspection. within 30 days after the time allowed Lois D. Cashell, [Docket No. CP95±271±000] for filing a protest, the instant request Secretary. shall be treated as an application for Questar Pipeline Co.; Notice of [FR Doc. 95–7547 Filed 3–27–95; 8:45 am] authorization pursuant to Section 7 of Request Under Blanket Authorization BILLING CODE 6717±01±M the Natural Gas Act. March 22, 1995. Lois D. Cashell, [Project No. 11445±001 New York] Take notice that on March 17, 1995, Secretary. Questar Pipeline Company (Questar), 79 [FR Doc. 95–7546 Filed 3–27–95; 8:45 am] Adirondack Hydro Development South State Street, Salt Lake City, Utah BILLING CODE 6717±01±M Associates; Notice of Surrender of 84111, filed in Docket No. CP95–271– Preliminary Permit 000, a request pursuant to § 157.205 of the Commission’s Regulations under the March 22, 1995. [Docket No. RP91±203±054] Natural Gas Act (18 CFR 157.205) for Take notice that the Adirondack authorization to construct and operate Tennessee Gas Pipeline Co.; Notice of Hydro Development Associates, delivery point facilities on Questar’s Filing Refund Report permittee for the Delta Dam Project No. transmission system to serve the 11445, located on the Mohawk River, in Western Market Center (WMC), under March 22, 1995. Oneida County, New York, has the authorization issued in Docket No. Take notice that on March 20, 1995, requested that its preliminary permit be CP82–491–000 pursuant to Section 7 of Tennessee Gas Pipeline Company terminated. The preliminary permit was the Natural Gas Act, all as more fully set (Tennessee), filed its report of refunds issued on February 7, 1994, and would forth in the request which is on file with for the above-referenced dockets for the have expired on January 31, 1997. The the Commission and open to public period September 1, 1993 through permittee states that the project would inspection. January 31, 1995. be economically infeasible. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15913

The permittee filed the request on identification of new substantial risks and Budget’s (OMB) responses to March 10, 1995, and the preliminary posed by exposure to chemical Agency PRA clearance requests. permit for Project No. 11445 shall substances. The EPA and other FOR FURTHER INFORMATION CONTACT: remain in effect through the thirtieth Federal agencies use this information Sandy Farmer (202) 260–2740, please day after issuance of this notice unless to determine and control chemical refer to the EPA ICR No. that day is a Saturday, Sunday or risks SUPPLEMENTARY INFORMATION: holiday as described in 18 CFR Burden Statement: The annual public 385.2007, in which case the permit shall reporting burden for this collection of OMB Responses to Agency PRA remain in effect through the first information is estimated to average 21 Clearance Requests business day following that day. New hours per initial section 8(e) OMB Approvals applications involving this project site, submission and 4 hours per follow- EPA ICR No. 1716.01; NESHAP for to the extent provided for under 18 CFR up/supplemental section 8(e) Wood Furniture Manufacturing Part 4, may be filed on the next business submission. EPA experience has Operations, 63-JJ; was approved 02/10/ day. shown that approximately 2.2 follow- 95; OMB No. 2060–0324; expires 02/28/ up/supplemental section 8(e) Lois D. Cashell, 98. Secretary. submissions are received on a yearly EPA ICR No. 0559.05; Application for [FR Doc. 95–7536 Filed 3–27–95; 8:45 am] basis per initial submission. This Reference or Equivalent Method estimate includes the time needed to BILLING CODE 6717±01±M Determination; was approved 01/31/95; review instructions, gather and OMB No. 2080–0005; expires 01/31/98. submit the data needed, and complete EPA ICR No. 1432.15; Recordkeeping and review the collection of and Periodic Reporting of the ENVIRONMENTAL PROTECTION information AGENCY Production, Import, Export, Recycling, Respondents: Chemical manufacturers, Destruction, Transhipment and [FRL±5179±9] importers, processors, and Feedstock use of Ozone-Depleting distributors Substances; was approved 01/31/95; Agency Information Collection Estimated No. of Respondents: 450 OMB No. 2060–0170; expires 09/30/96. Activities Under OMB Review Estimated No. of Responses Per EPA ICR No. 1463.03; National Oil Respondent: 3 and Hazardous Substances Pollution AGENCY: Environmental Protection Estimated Total Annual Burden on Agency (EPA). Contingency Plan (NCP); was approved Respondents: 13,400 hours 01/31/95; OMB No. 2050–0096; expires ACTION: Notice. Frequency of Collection: On occasion 01/31/98. EPA ICR No. 1304.04; Application for SUMMARY: In compliance with the Send comments regarding the burden Preauthorization of a CERCLA Response Paperwork Reduction Act (44 U.S.C. estimate, or any other aspect of the Action Claim for CERCLA Response 3501et seq.), this notice announces that information collection, including Action; was approved 01/27/95; OMB the Information Collection Request (ICR) suggestions for reducing the burden, # No. 2050–0106; expires 01/31/98. abstracted below has been forwarded to (please refer to EPA ICR 0794.06 and # EPA ICR No. 0229.09; Discharge the Office of Management and Budget OMB 2070–0046) to: Monitoring Report for the NPDES/ (OMB) for review and comment. The Sandy Farmer, EPA ICR #0794.06, U.S. Sewage Sludge Monitoring Reports; was ICR describes the nature of the Environmental Protection Agency, approved 01/20/95; OMB No. 2040– information collection and its expected Information Policy Branch—(2136), 0004; expires 01/31/98. cost and burden. 401 M Street, SW., Washington, DC 20460. EPA ICR No. 1647.01; Exports from DATES: Comments must be submitted on and Imports to the United States under or before April 27, 1995. and the OECD Decision; was approved 01/ # FOR FURTHER INFORMATION OR A COPY Tim Hunt, OMB 2070–0046, Office of 27/95; OMB No. 2050–0143; expires 01/ CALL: Sandy Farmer at EPA, (202) 260– Management and Budget, Office of 31/98. 2740, please refer to EPA ICR #0794.06. Information and Regulatory Affairs, EPA ICR No. 1732.01; Application to 725 17th Street, NW., Washington, DC or Participation in the National Radon SUPPLEMENTARY INFORMATION: 20503. Measurement Proficiency (RMP) Office of Prevention, Pesticides and Dated: March 22, 1995. Program and/or the National Contractor Toxic Substances Paul Lapsley, Proficiency (RCP) Program; was Title: Notification of Substantial Risks Regulatory Management Division. approved 02/02/95; OMB No. 2060– 0315; expires 02/28/98. Under section 8(e) of the Toxic [FR Doc. 95–7593 Filed 3–27–95; 8:45 am] Substances Control Act (TSCA). (EPA BILLING CODE 6560±50±M Dated: March 21, 1995. ICR No.: 0794.06; OMB No.: 2070– Paul Lapsley, 0046). This is a request for extension Director, Regulatory Management Division. [FRL±5172±6] of the expiration date of a currently [FR Doc. 95–7594 Filed 3–27–95; 8:45 am] approved collection Agency Information Collection BILLING CODE 6560±50±F Abstract: Under section 8(e) of TSCA, Activities Under OMB Review chemical manufacturers, importers, [FRL±5179±6] processors, and distributors must AGENCY: Environmental Protection immediately inform EPA when they Agency (EPA). Russo Development Corporation Site, obtain information which indicates ACTION: Notice. NJ; Proposed Amendment to March 21, that their product(s) may present a 1988, Clean Water Act Section 404(c) SUMMARY: substantial risk of injury to health or In compliance with the Final Determination the environment. Section 8(e) of Paperwork Reduction Act (PRA) (44 TSCA is an important and useful tool U.S.C. 3501 et seq.), this notice AGENCY: U.S. Environmental Protection for early warning and the announces the Office of Management Agency. 15914 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

ACTION: Notice of consideration of Meadowlands District mitigation bank. discharge will have an unacceptable amendment of Section 404(c) final In particular, EPA is interested in adverse effect on municipal water determination and request for comment. comments relating to the currently supplies, shellfish beds and fishery proposed compensatory mitigation and areas (including spawning and breeding SUMMARY: Notice is hereby given that its ability to replace the wildlife values areas), wildlife, or recreational areas. the Environmental Protection Agency lost as a result of past fill activities, as Procedural History and Rationale for (EPA) is considering amendment of the well as anticipated losses due to the Determination total site prohibition identified in EPA’s proposed discharges in the subject March 21, 1988, Final Determination wetlands. The chronology of the Corps and EPA concerning the Russo Development DATES: Written comments concerning actions leading up to EPA’s 1988 404(c) Corporation (Russo) site in Carlstadt, this proposed amendment must be determination is summarized in the New Jersey, pursuant to Section 404(c) submitted to EPA on or before April 27, Final Determination of the AA for of the Clean Water Act (CWA). EPA is 1995. Water. Briefly, the events are considering amendment of this Final ADDRESSES: Copies of EPA’s 1988 Final summarized as follows: In 1981, Russo Determination on the basis that Determination and relevant documents placed 44 acres of fill for the purpose of compensatory mitigation now proposed supporting the proposed modification constructing a warehouse complex in by Russo would satisfactorily address are available for public inspection upon Carlstadt in the Hackensack the unacceptable adverse effects to request at the following locations: Meadowlands in Bergen County, New wildlife described in the March 21, U.S. Environmental Protection Agency, Jersey (44 acre tract). Russo constructed 1988, document. This amendment Office of Wetlands, Oceans, and six warehouses and began a seventh on would be done as a prerequisite to Watersheds, Wetlands Division, 499 the 44 acre tract. Russo subsequently Russo seeking CWA after-the-fact South Capitol Street, SW, Fairchild excavated most of the adjacent 13.5 acre authorization for the past discharge of Building, Room 703, Washington, DC parcel (13.5 acre tract) and then filled fill material into the subject wetlands 20009 8.5 of the 13.5 acres in order to build for the purpose of constructing a U.S. Environmental Protection more warehouses. The Corps issued a warehouse complex, as well as Agency—Region II, Water cease and desist order subsequent to his authorization for the future discharge of Management Division, 26 Federal placement of 8.5 acres of fill. Five acres fill material into remaining wetlands for Plaza, Jacob K. Javits Federal of the 13.5 acre tract remain wetland. additional development activities. This Building, Room 1137, New York, NY Russo excavated two to three acres of proposed action would revise the 10278 the unfilled five acres to remove Section 404(c) prohibition adopted in unsuitable soils and fill with suitable 1988 to a restriction on discharges at the Comments must be submitted in writing to Joseph P. DaVia, Acting Chief, construction material. This excavated site based on Russo’s meeting the area subsequently ponded and Elevated Cases Section, Mail Code: compensatory mitigation requirements developed into open water with aquatic 4502F, U.S. EPA, 401 M Street SW, specified in this document. and emergent vegetation. EPA’s 1988 Final Determination in Washington, DC 20460. Written EPA first learned of Russo’s fill this case concerned a 57.5 acre wetland comments may also be sent by facsimile activities in an April 22, 1985, letter in Carlstadt, New Jersey where Russo to Mr. DaVia at (202) 260–7546. from the Corps which announced their proposed to maintain 52.5 acres of FOR FURTHER INFORMATION CONTACT: John investigation of unauthorized fill unauthorized fill (of which 44 acres Ettinger (EPA) at (202) 260–1190. activity on the 8.5 acres. The Corps have been built upon) and to fill the SUPPLEMENTARY INFORMATION: On March subsequently extended enforcement remaining five acres of wetland of a 13.5 21, 1988, the Assistant Administrator action to the 44-acre tract as well. EPA acre parcel to complete a warehouse (AA) for Water of the United States initially recommended either removal of complex. The Final Determination states Environmental Protection Agency (EPA) fill or mitigation to compensate for the that the Russo site was/is very valuable rendered a final determination which wetlands losses. The Corps processed an to wildlife from a site specific and prohibited the designation of 57.5 acres after-the-fact permit application and cumulative standpoint and, therefore, of wetlands as a disposal site for fill issued a public notice on August 28, that its values must be retained. EPA material. These wetlands were and are 1985, proposing to authorize 55 acres of also found that the compensatory currently owned by the Russo existing fill (later corrected to 52.5 mitigation proposed by Russo would not Development Corporation (Russo), and acres) and to authorize the placement of replace those wildlife values that had are located in the Hackensack additional fill in the remaining five been and were anticipated to be lost. In Meadowlands in Carlstadt, Bergen acres of wetland. the Final Determination, however, EPA County, New Jersey. The reason cited by On December 22, 1986, the Corps indicated that this prohibition could be the AA for Water for this action was that submitted a Notice of Intent to Issue a reconsidered upon demonstration that the discharge of fill would have permit to the Russo Development the adverse effects to wildlife have been unacceptable adverse effects, both Corporation accompanied by a satisfactorily addressed. immediately and cumulatively, to Statement of Findings, environmental EPA is requesting comments on this wildlife in the Meadowlands. This assessment, and evaluation of proposed amendment of the Final action was taken pursuant to Section compliance with the Section 404(b)(l) Determination’s total site prohibition to 404(c) of the Clean Water Act (CWA, Guidelines. The permit decision would a restriction that would allow U.S.C. 1251 et seq.), which authorizes authorize 0.5:1 value-for-value specification of the 13.5 acre site as a the Administrator (who has delegated compensation for the 57.5 acre loss of discharge location provided Russo this authority to the AA for Water), after wetlands. The mitigation proposal agrees to deed over an approximately 16 notice and opportunity for a public would provide for the enhancement of acre parcel of wetlands in Ridgefield, hearing, to prohibit or restrict the use of a nearby, unspecified wetland northeast N.J. for preservation, and provide any defined area as a disposal or of the project site and would secure the $700,000 for the purpose of enhancing discharge site for dredged material or permanent preservation of a 23 acre wetlands at this site and on sites to be fill. In such a case, the AA for Water wetland site in Troy Meadows in the contained in the Hackensack must have first determined that such Passaic River basin (to the southwest of Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15915 the Hackensack River basin). EPA a public hearing, and the holding of a remain unfilled. Although I have concluded responded on December 24, 1986, hearing was found to be in the public that the wildlife values previously and requesting a meeting with the Division interest. On October 13 and 14, 1987, a currently provided by the Russo tract are Engineer and suspension of further public notice was published in the New important enough to preserve, the fact action on the project. The U. S. Fish & remains that most of the site has been filled Jersey Star Ledger and the Federal and its value to wildlife destroyed. Also, I am Wildlife Service (FWS) also elevated the Register scheduling a public hearing for mindful that under these circumstances, final decision under CWA Section 404(q). November 5, 1987. The hearing was action by EPA pursuant to Section 404(c) of Subsequently, EPA and the Corps held and the comment period closed on the CWA will not prevent the occurrence of attempted to negotiate a resolution November 20, 1987. most of the unacceptable adverse effect or which would provide a 1:1 value-for- The Regional Administrator accomplish reversal of such effects. Further value compensation, but were forwarded his Recommended actions will be necessary, either within the unsuccessful. Unable to resolve both Determination to the AA for Water, context of voluntary compliance by Russo or agencies’ concerns, the Corps eventually along with the Administrative Record of an enforcement action, to determine the issued its final Notice of Intent to Issue the case. The Recommended extent of wetland value replacement and on March 23, 1987, proposing to pursue compensatory action. The site has Determination was adopted by the AA been damaged and, indeed, some or all of authorize 52.5 acres of existing fill and for Water and was incorporated into his this damage may be irreversible. In addition, placement of five additional acres of fill, final decision. The decision to prohibit the presence of tenanted warehouses on the and to require Russo to compensate on the specification of the Russo wetlands unauthorized fill raises other issues that run a 0.5:1 value-for-value basis for the loss as a fill disposal site was based upon counter to restoration of the site. Mitigation of 57.5 acres of wetlands. Under Section findings by the AA for Water that: 1. has been a focal point of discussions with 404(q) of the CWA, EPA requested The wetlands on the Russo tracts were respect to this project during the Corps elevation of the permit decision to valuable to wildlife because they permit process as well as a contributing national level review on April 27, 1987, represented a diverse array of wetland factor to my determination of unacceptable adverse effects. If the condition of the Russo and that request was denied by the types, types which are rare in the Department of the Army on May 8, tract precludes onsite restoration from a context of the Meadowlands landscape; technical or practical standpoint, then EPA 1987. 2. the wetlands on the Russo tracts would expect to pursue replacement of lost Having exhausted administrative supported/support a large mix of wildlife values elsewhere. Mitigation of lost procedures to resolve agency concerns, species, most of which are declining in wildlife values will not be required for any the Regional Administrator for Region II New Jersey due in part or whole to a portions of the previously discussed old field then notified the District Engineer and loss and/or deterioration of available areas that are determined to have been the Russo Development Corporation on habitat (of particular importance was/is uplands.1 May 26, 1987, in accordance with the ability of the site to support The AA for Water did note the Section 404(c), of his intent to issue a populations of black duck, a FWS following: public notice of a proposed species of special concern, whose I will reconsider this prohibition at the determination to prohibit or restrict the populations have declined nationally request of EPA’s Regional Administrator in discharge of fill on the Russo site, based due to a loss and/or deterioration of Region II upon a showing that the on his belief that the discharge had available habitat); 3. the loss of this unacceptable adverse effects to wildlife have been addressed to his satisfaction. resulted and would result in habitat would cause unacceptable unacceptable adverse effects to wildlife. impacts to wildlife values unless these Judicial Decisions Related to the The letter afforded the mentioned values were maintained through Proposed Amendment of EPA’s 404(c) recipients 15 days to demonstrate that mitigation; and, 4. the proposed/ Determination no unacceptable adverse effects would required mitigation would neither Russo brought suit against the Corps occur as a result of permit issuance. On compensate for the loss of May 27, 1987, the District Engineer and EPA in U.S. District Court. Russo approximately 57.5 acres of valuable Development Corporation v. Thomas et responded that his analysis clearly wildlife habitat nor constitute demonstrated that no unacceptable al., No. 87–3916 (D.N.J.). In a series of appropriate and practicable mitigation. opinions, the court vacated in part and adverse effects would occur from permit Therefore, the mitigation would not issuance. Russo responded on June 10, remanded in part EPA’s 404(c) decision. offset the significant wildlife impacts 1987, concluding that EPA could not In its first decision, the court found the identified. Thus, the fill had resulted successfully argue that the project Corps had been arbitrary and capricious and would result in unacceptable would have an unacceptable adverse in requiring Russo to submit jointly an adverse impacts to wildlife under effect on the environment, and they Section 404(c) of the Clean Water Act. 1 requested the Corps decision to issue a As part of the Final Determination, the AA for Accordingly, the AA for Water permit be affirmed. The Regional Water noted that portions of the areas delineated as prohibited the designation of the Russo old field on EPA’s map of the Russo site in its pre- Administrator concluded that no new tracts as a discharge site. discharge condition may have contained uplands, information had been presented and because the information on vegetation at this point As part of the findings and therefore he was not satisfied that the was inconclusive and raised the possibility that conclusions which led to the project would not pose unacceptable portions of the old field areas may have been prohibition of the Russo site as a fill uplands. That consideration did not alter the final adverse impacts. decision, which was based on conclusions On August 7, 1987, a public notice discharge site, the AA for Water noted the following: concerning the extent of the wildlife values was published in the Federal Register provided by the site, nor did it alter conclusions and the New Jersey Star Ledger In the present case, my findings of that the proposed/permitted mitigation was unacceptable adverse effects stems [sic] from inadequate, since the portions of the tract in announcing the proposed determination question comprised a small portion of the impact to prohibit or restrict the discharge of current and anticipated losses of valuable wildlife habitat that has/will result from area. The jurisdictional issue was left unresolved due to Russo’s desire for a timely decision by EPA. fill material. The comment period direct effects of discharges regulated under extended for 60 days and closed on However, it was noted that the issue might Section 404 of the CWA and within the ultimately affect the precise amount of mitigation October 6, 1987. The notice requested Russo site. As previously stated, however, fill necessary, since no compensation would be comment on the need for a public has already been placed on approximately required for areas determined to be uplands, which hearing. There was response requesting 52.5 acres of wetlands and only 5 acres are not jurisdictional under Section 404. 15916 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices application for a permit encompassing acres were wetlands prior to disturbance quasi-publicly owned wetlands (thus both the 13.5 and 44 acre sites. The in 1985. Based on the criteria used in not requiring outright purchase of these court found that, on the facts of this this re-evaluation, EPA has re-evaluated lands), and HMDC is seeking to acquire case, the activities on the two sites did the pre-discharge extent of jurisdiction additional lands on which to implement not constitute the ‘‘same project’’ under on the 44-acre parcel as well, and finds mitigation. Since EPA and the Corps applicable Corps regulations (33 CFR that approximately 40.7 acres of this would be among the Federal agencies 325.1(d)(2)). To remedy this error, the tract were wetlands subject to participating in the mitigation banking court stated that it would ‘‘limit the jurisdiction under Section 404 of the process, they would be advising HMDC plaintiff’s application for a Corps permit CWA. on the design, construction, monitoring and the subsequent grant and veto of the 2. A study of habitat utilization by and remedial action for mitigation permit to the 13.5 acre parcel.’’ 735 F. numerous species of wildlife, projects on a more comprehensive and Supp. 631, 637 (D.N.J. 1989). This particularly birds, of Phragmites- consistent scale. Consequently, value decision therefore vacated EPA’s dominated habitat in the Meadowlands. replacement, performance, and success Section 404(c) determination as it This report, Site Survey Report: could be more predictably and related to the 44 acre parcel. See also Ecological Studies, Hartz Mountain consistently ensured through this Id., at 639 (‘‘Because of the court’s Development Corporation Villages at mechanism. Thus, mitigation decision that the veto of the 44 acre Mill Creek, was prepared in December, opportunities within the Hackensack parcel is void, the question [of the 1991 by U.S. EPA Region II and Gannett River basin, within the area of impact, validity of EPA’s 404(c) decision] Fleming, Inc. This study provides could be provided where opportunity concerns only the 8.5 acre tract.’’). The detailed information on the wetland was previously scarce or unavailable to court also held in this opinion that EPA characteristics which are of value to private developers. should have considered the New Jersey wildlife in the Meadowlands, which 4. Selected terms of a proposed Coastal Management Program in its species use this habitat, and how this agreement reached between the Corps, 404(c) determination. The court also habitat is used. Based on this EPA and Russo to settle litigation dismissed Russo’s claims that EPA’s and information, a more precise regarding this matter. Under the the Corps’ actions violated Russo’s due determination can be made of the settlement terms, Russo would deed process rights under the Constitution. wetland values lost on the Russo tracts, over, for preservation and enhancement, On May 17, 1991, the court ruled on and what features could be provided in an approximately 16-acre parcel of the remainder of Russo’s claims in this a mitigation proposal to replace those wetlands in Ridgefield, NJ, (the case. Russo Development Corporation v. values. In particular, this study Ridgefield tract) located approximately Reilly, 1991 U.S. Dist. Lexis 20965, 21 provided detailed information on the 1.5 miles from the subject Russo tracts. ELR 21345. The court first dismissed use of these habitats by black duck, Russo would also provide $700,000 for Russo’s claims that EPA and the Corps which is a FWS species of special the purpose of enhancing wetlands, acted in bad faith, and that the agencies concern. In the Final Determination, the both at this site and on sites contained had failed to demonstrate that they had AA for Water’s conclusions that the fill in the HMDC mitigation bank. jurisdiction over the 13.5 acre site under would cause unacceptable adverse The Final Determination by the AA the CWA. Consistent with the holding effects to wildlife were strongly for Water treated the 44 and 13.5 acre in its 1989 opinion that it was arbitrary influenced by the impacts of the fill on tracts as a single ecological unit for the and capricious for the Corps and EPA to black duck. Based on this new purposes of evaluating their loss to the link the 44 acre and 13.5 acre parcels in information, a better estimate of the ecosystem. As discussed above, the their decisions, the court remanded the Russo tract’s importance in supporting court in Russo Development permitting and veto decisions for further black duck populations in its pre- Corporation v. Thomas, et al. considerations. The court further discharge state may be made.2 In invalidated the linkage of the 13.5 and directed the Corps and EPA to consider, addition, habitat attributes which 44 acre parcels by the Corps, and on remand, the precise extent of CWA support black duck populations in the vacated EPA’s 404(c) determination as jurisdiction over the 13.5 acre site and Meadowlands have been identified. to the 44 acre parcel. Therefore, the the appropriate mitigation to These habitat attributes can be provided proposed amendment to revise EPA’s compensate for impacts to the site. The in a mitigation design for the purpose of 404(c) determination would amend only court also directed EPA to articulate on more predictably increasing habitat the portion of EPA’s original 404(c) remand its reasons for any deviations of value to black ducks. This would prohibition that has remained in effect its decision from the New Jersey Coastal provide compensation for the loss to (i.e., for the 13.5 acre parcel). Because Zone Management Plan. this species and would reduce the proposed settlement terms discussed cumulative impacts to this species. above seek to resolve all issues related New Information and Developments 3. The development of a Mitigation to both the 44 and 13.5 acre parcels, Supporting Reconsideration of the Banking Agreement for the however, this notice also discusses the 404(c) Prohibition Meadowlands. This agreement is adequacy of mitigation as it relates to all Since 1988, several important pieces currently being developed and is of the activities conducted by Russo on of new information concerning the site expected to be completed shortly. Under the two sites. Russo has agreed to waive and concerning wildlife habitat this agreement, the Hackensack any objections to the agencies’ utilization within the Meadowlands Meadowlands Development consideration of the totality of the have been developed subsequent to the Commission (HMDC) would develop impacts of fill at the 44 acre and 13.5 prohibition of the site for fill discharge. and administer several mitigation banks. acre sites in their determinations on These include: Some of these would be implemented remand. 1. A re-evaluation of the extent of by performing mitigation on publicly or wetlands on the 13.5-acre site (April 15, Wetland Values Lost, and Outline of 1992, Corps memorandum). The Corps 2 Black ducks would have used the mixed Unacceptable Adverse Effects to determined that 3.27 acres of the 13.5 emergent areas for feeding and resting, which are Wildlife identified in the January 19, 1988, Recommendation acre site are not considered to have been of the Regional Administrator pursuant to Section The Final Determination of the AA for wetlands, while the remaining 10.23 404(c) of the CWA. Water identified several habitat features Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15917 on the Russo tracts which contributed to permit evaluation was considered by decision of the AA for Water to prohibit their ecological importance. First, EPA to be both inappropriate in type specification of this site under Section several different types of wetland and inadequate in its extent to provide 404(c). habitat were found on each of the tracts. sufficient compensation for the Likewise, the 44-acre parcel was filled This juxtaposition of wetland types to wetlands values lost. The plan in 1981 with material of the same type. each other, as well as to surrounding comprised two parts: enhancement of The soils on this site are more likely to wetland areas, provided habitat offsite wetlands within the Hackensack have compacted and consolidated into diversity in a landscape that is generally basin and preservation of wetlands material unlikely to support site somewhat monotypic in nature. Second, outside the basin. The enhancement restoration, because the site has been several of the wetland types, viz., wet component of the mitigation proposal constructed on and has had functioning meadow, mixed emergent, and wooded, would have provided enhancement of warehouses with concomitant large are relatively rare in the Meadowlands, an unspecified acreage of wetlands vehicle traffic since the early 1980’s. and provided habitat for a large mix of somewhere to the northeast of the site. This site is even less likely to be species. Many of these species are Since the location and exact acreage restorable to a suitable wetland experiencing population declines proposed for enhancement were never condition than the 13.5 acre parcel within New Jersey, which are identified, the existing and post- owing to this factor and also to the fact attributable in whole or in part to loss enhancement wetland values could not that tenanted warehouses occupy the and/or deterioration of available habitat. be evaluated to determine how much site. As such, offsite compensatory The interspersion of habitat types, along compensation would have been mitigation would be needed to offset the with the relative rarity of those types, provided by those means. wildlife values lost as a result of the fill made the Russo tracts valuable to The other component, which was the activity. proposed preservation of a 23 acre wildlife. The breakdown of wetland Mechanisms To Provide Compensatory 3 wetland parcel outside the Hackensack types by approximate acreage is Mitigation provided in Table 1 below: River basin, would not have provided any increase in wetland value to The changes in circumstances and information described above have TABLE 1.ÐACREAGE (APPROXIMATE) compensate for wetland values lost as a improved the ability of Russo to achieve OF WETLAND TYPES COMPRISING result of the filling activity, since the parcel was already a functioning reasonable compensation for wetland THE TWO RUSSO TRACTS IN wetland and no other enhancement wildlife values lost as a result of the CARLSTADT, NJ activity was proposed to provide an unauthorized discharge of fill. One of increase in value. Furthermore, any the main factors which influenced 13.5 acre 44 acre Russo’s original mitigation proposal was Wetland type tract tract wetland value which might have been added to that parcel would not have the alleged difficulty in privately Wet Meadow ..... 3.68 ac 21.73 ac provided compensation in the obtaining large tracts of wetlands within Mixed Emer- watershed where the damage occurred, the Meadowlands for the purpose of gents ...... 1.14 ac 2.92 ac and so could not have compensated for providing compensatory mitigation. Wooded ...... 0.00 ac 0.37 ac the loss to the Hackensack River system. This can now be addressed with the use Phragmites ...... 5.41 ac 15.69 ac Finally, the Corps permit required only of a mitigation bank, which will obtain Old field (subse- 0.5:1 value for value replacement, and have available large wetlands tracts quently deter- which would have resulted in, at best, for the purposes of providing mined to be compensatory mitigation. HMDC’s non jurisdic- a 50% loss of wetland values as a result tional) ...... 3.27 ac 3.30 ac of Russo’s activities. proposed mitigation bank will make wetland mitigation on a substantial Total ...... 13.50 ac 44.00 ac Desirability of Obtaining Compensatory acreage within the Hackensack River Mitigation basin, the area of impact, available for The conclusion and findings of the Russo’s activities on the 13.5-acre site purchase. With adequate funding, Final Determination were that have destroyed almost all of the pre- wetland enhancement through this unacceptable adverse effects to wildlife discharge wetland characteristics of the mitigation bank can be obtained, and were caused by/ would be caused by the site. The site was almost completely will provide significant compensation fill unless those values are maintained excavated of its original soil. Eight and opportunity. through mitigation. While the quality one half acres were subsequently filled Under the terms of the settlement and importance of the lost wetlands to with shot rock to a depth of several feet. discussed above, Russo will provide the lower Hackensack watershed The stone used for fill was of varying approximately 16 acres of wetlands weighed strongly in the AA for Water’s sizes, but most of the material would be which will provide additional decision to prohibit specification of the classified as boulders, according to the compensatory value via enhancement. sites for disposal, perhaps the most Wentworth scale. The fill material has Thus, between the land to be provided significant factor contributing to the continued to compact and consolidate by Russo and the lands available for finding of the AA for Water was that the in the ensuing nine years since the fill enhancement in the mitigation bank, impacts were unlikely to be adequately activity took place, and it is likely that sufficient land for mitigation purposes compensated by the proposed/permitted the underlying soil layers have also is now reasonably available to provide mitigation plan. compacted. Therefore, the likelihood of compensation for the wetlands losses The mitigation plan which was restoring this site to its original resulting from the discharges of fill on originally proposed by Russo during the condition or to a suitable wetland the Russo tracts. condition is small, and it is not Under the terms of the settlement, 3 The acreages have been calculated based on the practicable or feasible to consider this as Russo also would provide a total of wetland map provided in the Maguire Group report a preferred option. Consequently, offsite $700,000 for the purposes of entitled, Vegetation Types—1978. Because the extent and description of these types is based on mitigation would need to be provided to implementing compensatory mitigation aerial photointerpretation, and not on precise eliminate the unacceptable adverse through the HMDC mitigation bank. A survey, acreages can only be approximate. effects to wildlife identified in the portion of this funding will be spent 15918 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices providing enhancement to the 16-acre for the particular values lost from the habitat features and are generally good Ridgefield tract. The remainder of the Russo tracts. For example, open water candidates for enhancement. The funds will be used to enhance the areas which are interspersed among and candidate sites are large tracts, mostly wetland values of acreage within the surrounded by Phragmites were found dominated by a monoculture or near- HMDC mitigation bank. The means to to be preferentially used as resting/ monoculture of Phragmites. Most of the provide compensation for lost wetland feeding habitat by overwintering black proposed bank sites have a reduced or values are therefore available. What ducks, Anas rubripes, a FWS species of nonexistent flow and interspersion of remains is to provide a demonstration special concern. The open water water, or have been cut off from tidal that adequate compensation, and provides necessary feeding/resting inundation. A variety of different appropriate compensation, can be habitat, while the associated Phragmites mitigation activities are able to be provided through this proposal. provides shelter from winter winds, performed on such sites and will thus reducing caloric requirements and provide good compensation for wildlife Determination of Adequate stress on this species. Mitigation values which were lost/are being lost Compensation designed to increase hydrologic flow from the Russo tracts. The additional information on habitat and provide open water areas Since the mitigation banks are not yet values in the Meadowlands which was interspersed with Phragmites will functioning, the precise type and provided in the EPA study previously greatly increase the value of those tracts amount of mitigation that will be referenced provides useful guidance for to black duck populations in the performed to compensate for the the appropriate design of mitigation Meadowlands. Such a component wetlands values lost from the Russo sites in the Meadowlands. A mitigation responds directly to one of the wildlife tract has yet to be determined. However, design which incorporates the habitat losses of concern identified by the AA outlined below in Table 2 is an example features identified by this study as for Water in the Final Determination, mitigation strategy that would likely be valuable is likely to provide a greater and will provide compensation for this feasible to implement with the funding guarantee of success in achieving the loss. While the exact location of the made available by Russo for mitigation goal of no net loss in wetland values. acreage proposed for enhancement has activities. EPA believes, moreover, that Such a design would be directly tailored not yet been specified, the mitigation such a mitigation strategy would to wildlife needs in the Meadowlands, bank locations which are being adequately compensate for wetland and is thus appropriate to compensate evaluated by HMDC have the similar losses experienced on the Russo tracts.

TABLE 2.ÐWETLAND TYPES, BY ACREAGE, WHICH WERE LOST FROM THE RUSSO 13.5-ACRE TRACT, AND ENHANCEMENT ACTIVITIES WHICH WOULD PROVIDE ADEQUATE COMPENSATION FOR THOSE LOSSES

Habitat improvement which will result from the Wetland type lost (acres) Enhancement activity enhancement activity

Mixed emergents/open Excavation of two 1-acre ponds or meandering chan- Diverse ponds or watercourses attractive to waterfowl water (1.14 ac). nels in Phragmites fields; planting/seeding with emer- and muskrats, able to provide winter shelter and im- gent species at fringe. proved feeding. Wet meadow (3.68 ac) ...... Remove Phragmites on 4 ac and excavate to maintain Creation of habitat valuable to raptors and species such a permanently saturated hydrologic regime; seed with as woodcock and pheasant; possible provision of mixture of wet meadow species. In tidal areas, an al- nesting habitat for certain species of waterfowl. Wet ternative would be establishment of high salt marsh. meadow would directly replace lost habitat type. Since there is less plant diversity in a high salt marsh, 6 acres of enhancement would be rec- ommended. Phragmites, unbroken field Either excavation of 5.41 ac from upland to create reg- Creation of saturated system of emergents which would (5.41 ac). ularly saturated habitat and planting or seeding with provide the same functions as Phragmites. Enhance- suitable wetland emergents, or excavation and eradi- ment to a S. alterniflora marsh increases value sea- cation of approximately 5.5 acres of tidal, unbroken sonally to wildlife, but more plant diversity is needed Phragmites to average mean water and planting or since enhancement is occurring on a functioning wet- seeding with Spartina alterniflora and shrubs. land. Shrub layer provides this.

Three types of wetland habitat are meandering channel will provide two activity itself. The cost of such an believed to have existed on the 13.5-acre acres of valuable feeding/resting habitat enhancement is likely to be low, since site prior to Russo’s fill activities; viz., for waterfowl, particularly black duck. only the fringe of the ponds would be mixed emergent, wet meadow, and The mixed emergent areas originally seeded, and would probably not exceed Phragmites. Since 3.27 acres, which was present on the 13.5-acre site totalled $5,000/acre, based on EPA Region II’s identified by aerial photography as ‘‘old 1.14 acres. This acreage, however, was best estimates of cost. field’’ has been determined by the Corps divided among three areas, and was less The enhancement of approximately to have been a non-wetland area, a likely to be attractive to waterfowl than four acres of Phragmites monoculture to determination with which EPA concurs, a single pond or watercourse of the provide a frequently saturated wet no compensation is required for fill same size. Since an existing wetland, meadow will restore the same acreage of activity which occurred on this portion which has functional values of its own, wet meadow that was lost from the site. 4 of the site. will be excavated to create the ponds or As an alternative, should the proposed The excavation of two, one-acre channel, it will lose some functional mitigation site be tidal, a tidal high salt ponds or approximately two acres of value as a result of the excavation marsh, dominated by Spartina patens activity. The creation of an additional and Distichlis spicata, can be 4 This is consistent with the findings and guidance of the AA for Water set forth in the Final acre of open water is likely to offset any established. High salt marsh is also a Determination. losses associated with the enhancement remnant habitat in the District, and Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15919 would provide many of the same values birds and waterfowl, and is of equal best available information. to wildlife as wet meadow (i.e., value to certain passerine species. Approximately nine acres of such attractive to raptors, small mammals, Phragmites-dominated habitat can be enhancement would be required to etc.) but is not usually as species-rich in doubled in its value to most wildlife provide the suggested wet meadow and plants, including those with food value species if it is enhanced to provide an S. alterniflora/scrub-shrub marsh. (The to wildlife, as a freshwater wet meadow. equal acreage of Spartina alterniflora/ land acquisition for mitigation activities Consequently, this type of scrub-shrub marsh, and it is will already have occurred when these compensation should be established at a interspersed with the other proposed activities are expected to be 1.5:1 acreage replacement, since it habitat types. Therefore, conversion of implemented.) Adequate funds would represents out-of-kind mitigation, and approximately 5.5 acres of uniform therefore be available to provide the would not have as many functions as Phragmites to S. alterniflora/scrub- requisite enhancement to ensure a the habitat for which it is providing shrub salt marsh will compensate for compensation. the wildlife value of the 5.41 acres of value-for-value replacement. The remaining 5.4 acres of the 13.5- Phragmites marsh lost from the Russo The balance of the funds would go acre tract was dominated by Phragmites. 13.5-acre tract, and will result in no net toward providing replacement of The creation of a 5.4 acre emergent loss of wildlife value for the acreage wetland wildlife value lost as a result of marsh from upland would offset this lost. filling the 44-acre tract. An example loss. If enhancement is the technique Estimates for the eradication of mitigation strategy that would likely be used (as is likely), then the replacement Phragmites, excavation and seeding of feasible to implement with the resources vegetation for Phragmites must be twice other species (such as Spartina or made available by Russo, and which as valuable to wildlife to provide value- hydrophytic herbaceous forbs, such as would provide compensation for for-value compensation for wildlife. those found in wet meadow habitats) wildlife values lost from the 44-acre Based on EPA studies, Spartina marsh varies, but are expected to average about tract is listed in Table 3. habitat is more attractive to wading $20,000/acre, based on EPA Region II’s

TABLE 3.ÐWETLAND TYPES, BY ACREAGE, WHICH WERE LOST FROM THE 44-ACRE TRACT, AND ENHANCEMENT ACTIVITIES WHICH WOULD PROVIDE ADEQUATE COMPENSATION FOR THOSE LOSSES

Habitat improvement which will result from the Wetland type lost (acres) Enhancement activity enhancement activity

Mixed emergents/open Excavation of 6 acres of open water habitat (ponds Diverse ponds or watercourses attractive to waterfowl water (2.92 ac). and/or channels) in Phragmites fields; planting/seed- and muskrats, able to provide preferred winter shelter ing with other emergent species at fringe.. and improved feeding. Wooded (0.37 ac) ...... Planting of approximately 3 acres of shrub/tree layer on Provides nesting opportunities for waterfowl/passerine Phragmites areas (15.69 ac) 16.5 ac Ridgefield tract species, as well as buffer from developed area. Fruit- bearing shrubs greatly increases wildlife food value. Wet meadow (21.73 ac) ...... Removal of Phragmites on 22 ac and excavation to Creation of habitat valuable to raptors and species such achieve seasonally saturated hydrologic regime with as woodcock and pheasant; possible provision of some ponded areas. Seeding with a mixture of wet nesting habitat for certain species of waterfowl. Direct meadow grasses and forbs. Alternatively, establish- replacement of habitat type lost. ment of 33 ac of high salt marsh

The rationale for the types of is good in context of the Meadowlands homogeneous Phragmites field and .37 enhancements suggested for the 44-acre as a landscape. However, it does not acres of wooded wetlands. tract is essentially the same as for the provide any nesting opportunities for Most of the wetlands on the 13.5-acre proposal for the 13.5-acre tract. The one birds requiring trees and shrubs. Neither tract have already been filled and component which is different is the does it contain any substantial source of converted to upland; the entire tract has proposal to mitigate for the loss of fruits or seeds which are used as been disturbed from its original approximately 15.7 acres of preferred foods by wildlife such as condition. If the prohibition on fill is homogeneous Phragmites fields and for pheasant, woodcock, etc., which were amended to allow the proposed the loss of 0.37 acres of wooded habitat believed to have been on the 44-acre settlement to proceed, it is likely that by providing approximately three acres tract prior to filling. Both the nesting Russo would be permitted to complete of a shrub/woody vegetation layer on and food values to wildlife are largely his activity on site. The calculation of the 16.5 acre Ridgefield tract. The lacking in the immediate vicinity of the mitigation includes considerations Ridgefield tract is essentially a Ridgefield tract. By providing the based on the complete loss of the tract’s monoculture of Phragmites; however, it woody vegetation layer, at an acreage wetlands value. contains abundant marsh/open water ten times that which was lost on the 44- Proposed Action and Consistency With tidally influenced complexes. As acre tract, this value is not only replaced the New Jersey Coastal Zone previously mentioned, this type of for the woody vegetation that was lost, Management Plan (CZMP) Phragmites/open water mosaic provides but also enhances the entire 16.5-acres feeding and resting areas to waterfowl and provides wildlife value that has In its May 17, 1991 opinion, the court on a year round basis, but is especially never been on that parcel. When in Russo Development Corp v. Reilly, valuable to overwintering waterfowl considered in conjunction with the No. 87–3916, held that EPA was because it provides them not only with valuable open water mosaic present on arbitrary and capricious for failing to feeding and resting areas but also with that site, we believe that the articulate its reasons for deviating from shelter from severe weather, thus enhancement will increase the value of the New Jersey Coastal Zone lowering their expenditure of calories. the Ridgefield site sufficiently to Management Plan (CZMP) in the Consequently, its existing wildlife value compensate for the loss of the 15.7 acre Agency’s 404(c) determination. The 15920 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

Agency’s decision was remanded to mitigation activities would be applied to SUMMARY: Public notice is hereby given EPA in part on this ground. sufficient acreage, and would be of in accordance with the provisions of Section 307(c)(3)(A) of the Coastal appropriate kind and quality, to provide section 1413 of the Safe Drinking Water Zone Management Act (CZMA) adequate compensation for losses of Act as amended, 42 U.S.C. 300g–2, and prohibits a Federal permit from being wetlands values which resulted/are 40 CFR part 142, Subpart B-Primary issued for an activity affecting any land resulting from the unauthorized fill. Enforcement Responsibility, that the or water use or natural resource of the Unlike the proposal in the original State of South Dakota has revised its coastal zone of that state until the permit, all of the compensation Public Water System Supervision applicant furnishes a certification that proposed will involve an increase in (PWSS) Primacy Program. South the activity is consistent with an value and will be located within the Dakota’s PWSS program, administered approved CZMP, and the State concurs lower Hackensack River basin (the by the Office of Drinking Water of the in the certification or waives review. location of the impact). Furthermore, Department of Environment and Natural This portion of the CZMA is the proposed combinations of mitigation Resources, has adopted regulations for implemented in the Corps regulations activities will ensure that a mosaic of total coliforms, surface water treatment, by 33 CFR 325.2(b)(2). Because the different habitats, which was an Phase II (7 inorganic and 26 organic Corps’ regulations adequately address important factor contributing to the chemicals), Phase IIb (1 inorganic and 4 the CZM consistency requirement, EPA wildlife value of the Russo tracts, will organic chemicals), and Phase V (5 did not duplicate § 325.2(b)(2) in the be restored elsewhere within the inorganic and 18 organic chemicals) that 404(b)(1) Guidelines. relevant area of the impact. Finally, the correspond to the National Primary The Hackensack Meadowlands above proposals will provide adequate Drinking Water Regulations (NPDWR) in District Master Plan is the Coastal Zone acreage of the different wetland types to 40 CFR part 141 for total coliforms Management Plan for the Meadowlands compensate for the extent of wildlife (Federal Register Vol. 54, No. 124, June District, and the current plan zones the values lost on the Russo tracts. 29, 1989, Pg. 27544–27568), surface 13.5 acre parcel for development. Therefore, under the terms of the water treatment (Federal Register Vol. Because EPA’s 404(c) determination, if settlement, there would be no 54, No. 124, June 29, 1989, Pg. 27486– it is finalized as proposed today, would significant loss of wetland values which 27541), Phase II (Federal Register Vol. no longer preclude the Corps from would not be offset by appropriate and 56, No. 20, January 30, 1991, Pg. 3526– authorizing fill activity on the 13.5 acre adequate mitigation. There would, we 3597), Phase IIb (Federal Register Vol. parcel, such an action would appear to believe, no longer be unacceptable 56, No. 126, July 1, 1991, Pg. 30266– be consistent with the Master Plan. Of adverse effects to wildlife from this 30281), and Phase V (Federal Register course, under section 307(c)(3)(A) of the activity. The prohibition on specifying Vol. 57, No. 138, July 17, 1992, Pg. CZMA and 33 CFR 325.2(b)(2), it is the the Russo tracts as disposal sites for fill 31776–31849). The Environmental State that ultimately would have the would no longer be necessary to prevent Protection Agency (EPA) has completed authority to determine consistency of a unacceptable adverse effects to wildlife its review of South Dakota’s primacy new permit proposal with the and the aquatic ecosystem. EPA revisions and has determined that they applicable plan. therefore proposes that, conditional are no less stringent than the NPDWRs. upon a binding agreement by Russo to EPA therefore approves South Dakota’s Conclusions provide the funds and land preservation primacy revisions for Total Coliforms, The Final Determination by the AA discussed above, the Section 404(c) Surface Water Treatment, Phase II, IIb, for Water contemplated a prohibition on specification of the 13.5- and V Rules. This determination shall reconsideration of the prohibition upon acre site for fill material be removed, become effective April 27, 1995. a showing that adequate mitigation and a restriction be imposed that would Any interested parties are invited to could be provided to offset unacceptable allow specification of these areas as submit written comments on this impacts to wildlife. Russo has proposed disposal sites provided Russo determination, and may request a public the following mitigation to compensate implements the mitigation plan hearing on or before April 27, 1995. If for impacts of the fill activity: (1) Deed discussed above. a public hearing is requested and over an approximately 16 acre parcel of Dated: March 21, 1995. granted, this determination shall not wetlands in Ridgefield, N.J. for Robert Perciasepe, become effective until such time following the hearing that the Regional preservation, and (2) provide $700,000 Assistant Administrator for Water. Administrator issues an order affirming for the purpose of enhancing wetlands [FR Doc. 95–7590 Filed 3–27–95; 8:45 am] or rescinding this action. at this site and on sites to be contained BILLING CODE 6560±50±P Requests for a public hearing should in the Hackensack Meadowlands be addressed to: William P. Yellowtail, District mitigation bank. Since there Regional Administrator, c/o David will be Federal oversight of the type of [FRL±5179±8] Schmidt (8WM–DW), U.S. enhancements performed, as well as the Public Water System Supervision Environmental Protection Agency, design, construction, and Program Revision for the State of Region VIII, 999 18th Street, Suite 500, implementation of the mitigation South Dakota Denver, CO 80202–2466. activities, and since the funding Frivolous or insubstantial requests for AGENCY: provided for mitigation would be Environmental Protection a hearing may be denied by the Regional 5 applied to enhancement alone , the Agency (EPA). Administrator. However, if a substantial ACTION: Notice. request is made within thirty (30) days 5 Costs for enhancement vary widely, but private contractors generally range from $10,000–$20,000/ after this notice, a public hearing will be acre in this area to implement mitigation, based on demobilization and design costs will be distributed held. an informal EPA Region II survey of costs. In this over many participants. Finally, since there would Any request for a public hearing shall case, monitoring will be overseen by agency be a large pool of wetlands acreage available for include the following: (1) The name, personnel, which reduces the cost. Because the enhancement, wetlands to be enhanced using mitigation activities will occur over a large number Russo’s funds can be strategically chosen so that the address, and telephone number of the of acres, there is an economy of scale involved in value increase of Russo’s portion of the mitigation individual, organization, or other entity design and construction, since mobilization/ may be maximized. requesting a hearing; (2) a brief Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15921 statement of the requesting person’s FARM CREDIT ADMINISTRATION SUPPLEMENTARY INFORMATION: interest in the Regional Administrator’s Background determination and of information that [NV 95±13] the requesting person intends to submit Call Reports and other nonexempt at such hearing; and (3) the signature of Policy Statement Concerning the information produced from the FCA’s the individual making the request, or, if Release of Consolidated Reporting CRS contain valuable information and the request is made on behalf of an System Information could be useful to Farm Credit System organization or other entity, the institutions and to members of the signature of the responsible official of AGENCY: Farm Credit Administration. public by enabling them to evaluate the financial condition of the institution in the organization or other entity. ACTION: Policy statement. comparison to its peers. This policy Notice of any hearing shall be given SUMMARY: On March 20, 1995, the Farm statement is intended to provide for the not less than fifteen (15) days prior to Credit Administration (FCA) adopted a dissemination of this information in a the time scheduled for the hearing. Such policy statement concerning the release manner that effectively balances the notice will be made by the Regional of reports of condition and performance goals of maximizing the usefulness of the information and minimizing the cost Administrator in the Federal Register (Call Reports) and other reports to the Government and the public. and in newspapers of general containing nonexempt information Similarly, the Federal Financial circulation in the State of South Dakota. (such as the Uniform Performance Institutions Examination Council, A notice will also be sent to the Report (UPR) and the Uniform Peer Performance Report (UPPR)) that are which consists of the Federal Deposit person(s) requesting the hearing as well Insurance Corporation, the Office of the as to the State of South Dakota. The produced from the FCA’s Consolidated Reporting System (CRS) (hereinafter Comptroller of the Currency, and the hearing notice will include a statement Board of Governors of the Federal of purpose, information regarding time nonexempt CRS Reports). Under this policy, the UPR and UPPR will be Reserve System, has made a and location, and the address and determination to disseminate CRS-type disclosed to the institution that telephone number where interested information to banks, State banking submitted the information 50 days after persons may obtain further information. departments, and the public in a report the end of a quarter or a fiscal year. All The Regional Administrator will issue known as the Uniform Bank other reports containing nonexempt an order affirming or rescinding his Performance Report. information that are produced from the determination upon review of the The FCA’s objective in adopting this FCA’s CRS would be disclosed, as hearing record. Should the policy statement is to enhance the available, to System institutions and to determination be affirmed, it will utility of Call Reports for System the general public 90 days after the end become effective as of the date of the institutions and the public, and to make of a quarter or a fiscal year. For order. available in an orderly and consistent purposes of this policy, nonexempt CRS way nonexempt information (i.e., Reports are defined as reports produced Should no timely and appropriate information that has been routinely from the CRS containing information request for a hearing be received, and disclosed in System institutions’ that has been routinely disclosed in the Regional Administrator does not quarterly and annual financial reports System institutions’ quarterly and elect to hold a hearing on his own and filed with the FCA) in conformance annual financial reports to shareholders motion, this determination shall become with the objectives set forth in OMB and filed with the FCA pursuant to 12 effective on April 27, 1995. Please bring Circular A–130. This policy statement CFR part 620. The FCA intends to set this notice to the attention of any should benefit System institutions and user fees for the dissemination of this persons known by you to have an the public by establishing a more information sufficient to recover the interest in this determination. effective and efficient means of cost of dissemination. Nonexempt CRS accessing information that can be used Report information has been previously All documents relating to this to evaluate and compare System disclosed on a case-by-case basis in determination are available for institutions and their performance. The response to Freedom of Information Act inspection at the following locations: (1) release of nonexempt CRS Reports requests. The FCA believes that U.S. EPA Region VIII, Drinking Water should also benefit the FCA in its providing the public access to Branch, 999 18th Street (4th floor), regulatory role and in accomplishing its nonexempt CRS Report information Denver, Colorado; (2) Department of mission by enhancing the agency’s under this policy statement would Environment and Natural Resources, communications with System enhance the FCA’s information Office of Drinking Water, 523 East institutions. Additionally, the FCA management activities in an efficient, Capital Avenue, Pierre, South Dakota. believes that the availability of effective, and economical manner. nonexempt CRS Reports will enhance FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: March 20, 1995. its ability to oversee and examine David Schmidt, Drinking Water Branch, FOR FURTHER INFORMATION CONTACT: institutions. EPA Region VIII (8WM–DW), 999 18th Street, Suite 500, Denver, Colorado Nan P. Mitchem, Compliance Officer, Availability of Nonexempt CRS Reports Office of Examination, Farm Credit 80202–2466, telephone (303) 293–1415. Administration, 1501 Farm Credit Under the policy statement, the UPR and UPPR will be disclosed free of Dated: March 20, 1995. Drive, McLean, Virginia 22102–5090, (703) 883–4073, TDD (703)883–4444 charge to the institution that submitted Kerrigan Clough, the information 50 days after the end of or a quarter or a fiscal year. All other Acting Regional Administrator, EPA, Region Jane M. Virga, Senior Attorney, Office of reports containing nonexempt VIII. General Counsel, Farm Credit information that are produced from the [FR Doc. 95–7591 Filed 3–27–95; 8:45 am] Administration, 1501 Farm Credit FCA’s CRS would be disclosed, as Drive, McLean, Virginia 22102–5090, available, to System institutions and to BILLING CODE 6560±50±P (703) 883–4071, TDD (703)883–4444. the general public 90 days after the end 15922 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices of a quarter or a fiscal year. The delay These reports are organized to B. System Banks and associations in availability of nonexempt CRS facilitate agency decisionmaking means the Farm Credit banks, banks for Reports would allow System concerning the adequacy of capital, cooperatives, agricultural credit banks, institutions to publish their quarterly asset quality, earnings, and liquidity. production credit associations, Federal and annual financial reports prior to Both the UPR and the UPPR are land bank associations, agricultural FCA dissemination. At a System organized as follows: credit associations, and Federal land institution’s request, a copy of a Section I is a summary. It provides credit associations. nonexempt CRS Report containing Call key balance sheet and income statement C. Direct lender associations means Report information of another items, as well as key ratios. production credit associations, institution or computer diskettes Section II presents a condensed agricultural credit associations, and containing nonexempt Call Report balance sheet and summary information Federal land credit associations. information of all System institutions on loan categories by performance D. Call Report means reports of would be provided for a fee. Nonexempt category. The balance sheet items are financial condition and performance CRS Reports or computer diskettes combined into key categories. prepared and filed by Farm Credit containing nonexempt Call Report Section III addresses the composition System institutions in accordance with information would also be made of capital as a percentage of assets and the FCA Uniform Call Report available, upon request, to the general its relationship to liabilities, unallocated Instructions. public for a fee. The FCA believes that retained earnings, and risk-adjusted E. Call Report information means data disclosing reports such as the UPR and assets. contained in Call Reports. the UPPR will assist institutions and the Section IV contains information on F. Consolidated Reporting System public in their analyses and evaluations assets, changes in assets, the percentage (CRS) means all programs, files, of the delivery of financial services by of loans in each loan performance documentation, and interfaces with allowing comparisons of financial category, the various relationships of the source data, created and used to store, performance. To provide further allowance accounts to loans and process, and retrieve CRS Derived Data assistance to System institutions and the acquired properties, and gains and and produce CRS Reports. public, a detailed description of the losses incurred from the valuation and G. CRS Reports means reports UPR and the UPPR is provided below. disposition of these assets. produced via the CRS System for agency A determination on a special request Section V is a year-to-date condensed use in planning, monitoring, and (i.e., ad hoc report) for nonexempt CRS income statement. analyzing the performance of Farm information and any fees assessed from Section VI presents earnings and Credit System institutions. any System institution or the general profitability measurements and certain H. Computer Diskette means a public would be made on a case-by-case ratios involving net interest income. standard 3 1⁄2’’ magnetic type diskette basis. Special requests would be granted Also, this section contains information used with personal computers that only when the benefit to the FCA on the return on average assets and contains Call Report information of all significantly outweighs the burden to component ratios. Ratios of operating System institutions in an ASCII format. the agency in complying with the expenses are also shown in this section. The text of the Board’s policy request. Requests for fee waivers may be Section VII contains liquidity statement concerning the release of CRS granted to educational institutions, measurements and compares maturing information to System institutions and researchers, Governmental agencies, assets to maturing liabilities. This to the general public is set forth below newspapers, and other parties, only section also addresses collateral and in its entirety: when the agency determines that the funds availability for investments. FCA BOARD ACTION ON POLICY benefit derived from releasing the User Fees STATEMENT CONCERNING THE information exceeds the fees being RELEASE OF CONSOLIDATED waived. All requests for release of CRS User fees for the above information REPORTING SYSTEM INFORMATION, information should be directed to the would be sufficient to recover the cost Office of Resources Management, of dissemination. A CRS pricing NV 95–13, FCA–PS–65 Information Resources Division, schedule will be developed. Special Effective Date: March 20, 1995. Customer Planning Team. requests for information not listed on Effect on Previous Action: None. The FCA uses the UPR and the UPPR the CRS pricing schedule may be subject Source of Authority: 12 CFR part 621, as analytical tools for supervisory and to fees to recover the agency’s cost of subpart D; 12 CFR 602.200; OMB examination purposes, offsite complying with the request, which may Circular A–130 (July 2, 1993). monitoring and evaluation, and include the cost of collecting and Purpose: The Farm Credit financial analysis. The reports, which processing, as well as disseminating the Administration (FCA) Board is hereby are based on data from the CRS and information. adopting a policy to disclose reports of updated quarterly, contain information The following glossary contains condition and performance (Call using key ratios, percentages, and dollar definitions that may be useful to an Reports) and other reports containing amounts. The UPPR also contains peer understanding of this policy. nonexempt information (such as the averages, as well as percentile rankings A. Farm Credit System institutions Uniform Performance Report (UPR) and for all direct lender associations falling means the Farm Credit Banks, banks for the Uniform Peer Performance Report within one of four peer groups based on cooperatives, agricultural credit banks, (UPPR)) that are produced from the asset size. Each report displays four production credit associations, Federal FCA’s Consolidated Reporting System reporting periods. Yearend reports land bank associations, agricultural (CRS) (hereinafter nonexempt CRS contain financial data for the current credit associations, Federal land credit Reports). Under this policy, the UPR year and the previous 3 years. associations, service corporations and UPPR will be disclosed to the Quarterend reports contain financial chartered under the Farm Credit Act of institution that submitted the data for the current quarter, the same 1971, as amended, the Federal Farm information 50 days after the end of a quarter for the previous year, and Credit Banks Funding Corporation, and quarter or a fiscal year. All other reports yearend information for the previous 2 Farm Credit System Financial containing nonexempt information that years. Assistance Corporation. are produced from the FCA’s CRS Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15923 would be disclosed, as available, to made on a case-by-case basis. Special Deposit Insurance Corporation (FDIC) System institutions and to the general requests will be granted only when the adopted guidelines for the public 90 days after the end of a quarter benefit to the FCA significantly establishment of an independent intra- or a fiscal year. For purposes of this outweighs the burden to the agency in agency appellate process to review policy, nonexempt CRS Reports are complying with the request. All requests material supervisory determinations as defined as reports produced from the for release of CRS information should be required by the Riegle Community CRS containing information that has directed to the Office of Resources Development and Regulatory been routinely disclosed in Farm Credit Management, Information Resources Improvement Act of 1994. The System (System) institutions’ quarterly Division, Customer Planning Team. guidelines were effective upon adoption and annual financial reports and filed Any fees assessed under this policy and supersede the FDIC’s procedures for with the FCA. for disclosing routine nonexempt CRS requesting review of supervisory Objectives: The FCA’s mission is to Reports will be sufficient to recover the determinations set forth in FIL–11–92, facilitate the competitive delivery of cost of dissemination. Special requests dated February 7, 1992. The guidelines financial services to agriculture while will be subject to fees to recover the are intended to clarify the types of protecting the public, the taxpayer, and agency’s cost of complying with the determinations that are eligible for the investor. Consistent with that request, which will include the cost of review and establish the process by mission, the FCA endeavors to provide collecting and processing, as well as which appeals will be considered and information to System institutions and disseminating the information. Requests decided. to the public. Call Reports and other for fee waivers may be granted to DATES: The guidelines were effective on nonexempt CRS Reports contain educational institutions, researchers, March 21, 1995. information of value to the agency, the Governmental agencies, newspapers, FOR FURTHER INFORMATION CONTACT: System, and the public that enables an and other parties, only when the agency William G. Hrindac, Examination evaluation of the financial condition of determines that the benefit derived from Specialist (202/898–6892), Division of a System institution in comparison to its releasing the information exceeds the Supervision; Ken A. Quincy, Section peers. Release of this information will fees being waived. Chief (202/942–3088), Division of Delegated Authority: The Director, provide institutions with a succinct Compliance and Consumer Affairs; Office of Resources Management, in assessment of performance, in addition Gwen E. Factor, Counsel (202/898– concurrence with the Director, Office of to that provided in the examination 8522), Legal Division, Federal Deposit Examination, Director, Office of Special process. The FCA believes that Insurance Corporation, 550 17th Street, implementation of this policy statement Supervision and Corporate Affairs, and N.W., Washington, D.C. 20429. will enhance the FCA’s information General Counsel is responsible for management activities in an efficient, implementing this policy statement, SUPPLEMENTARY INFORMATION: effective, and economical manner developing operating procedures, Background consistent with the objectives of OMB developing a pricing schedule for the Circular A–130. fees to be charged for the reports, and Section 309(a) of the Riegle Operating Principles: Certain developing specific guidelines for fee Community Development and information reported to the agency in waivers when releasing reports to Regulatory Improvement Act of 1994 compliance with Call Report educational institutions, researchers, (Pub. L. 103–325, 108 Stat. 2160) (Act) instructions, such as asset and liability Governmental agencies, newspapers, requires the FDIC (as well as the other repricing schedules or loan specific and other parties, as determined to be Federal banking agencies and the data, will continue to be exempt from appropriate. Any of these National Credit Union Administration disclosure and will not be made responsibilities may be delegated. Board) to establish an independent available under this policy statement. Reporting Requirements: The intra-agency appellate process to review Nonexempt CRS Reports will be Director, Office of Resources material supervisory determinations. disclosed under a pricing schedule to be Management, shall make a report The process is to be established within subsequently determined. annually concerning nonexempt CRS 180 days after enactment of the Act (i.e., Certain nonexempt CRS Reports (such Report releases and the number of by March 22, 1995). The Act defines the as the UPR and the UPPR) that contain requests and fees received to the Chief term ‘‘independent appellate process’’ Call Report information will be Operating Officer. to mean a review by an agency official routinely forwarded free of charge to the Adopted this 20th day of March, 1995 who does not directly or indirectly institution that submitted the by order of the Board. report to the agency official who made information or will be made available, the material supervisory determination Dated: March 22, 1995. upon request, to the general public for under review. In establishing the a fee. Upon request by a System Floyd Fithian, appeals process, the FDIC must ensure institution, the FCA will make available Secretary, Farm Credit Administration Board. that: (1) any appeal of a material free of charge any other nonexempt CRS [FR Doc. 95–7554 Filed 3–27–95; 8:45 am] supervisory determination by an Reports that contain Call Report BILLING CODE 6705±01±P insured depository institution is heard information submitted by that and decided expeditiously; and (2) institution, or, for a fee, will make appropriate safeguards exist for available a copy of a nonexempt CRS FEDERAL DEPOSIT INSURANCE protecting the appellant from retaliation Report containing Call Report CORPORATION by agency examiners. information of another institution or Section 309(c) of the Act requires computer diskettes containing Intra-Agency Appellate Process public notice and opportunity for nonexempt Call Report information of AGENCY: Federal Deposit Insurance comment on proposed guidelines for the all System institutions. A determination Corporation. establishment of the independent on a special request (i.e., ad hoc report) ACTION: Notice of guidelines. appellate process. On December 28, for nonexempt CRS information and any 1994, the FDIC published in the Federal fees assessed from any System SUMMARY: On March 21, 1995, the Board Register, for a 30-day comment period, institution or the general public will be of Directors (Board) of the Federal a notice of and request for comments on 15924 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices proposed guidelines (59 Fed. Reg. concerning determinations under the Vice Chairperson on the Committee, 66965). The comment period closed on review. The FDIC is confident that the even if it would mean that occasionally January 27, 1995. members of the Committee can and will he might need to recuse himself from exercise their authority to review participation in a related enforcement Discussion of Comments on Proposed supervisory determinations in a action. Commenters generally agreed Guidelines responsible and unbiased manner. The that inclusion of the Vice Chairperson The FDIC received 24 comment letters FDIC believes that the long range on the Committee would lend on the proposed guidelines, including interests of both the agency and the credibility, fairness and balance to the some after the close of the comment institutions it supervises are best served process. period. Fourteen were from depository by assuring that all supervisory One commenter suggested that the institutions, four from trade determinations (including appeals Committee has too much ‘‘horsepower’’ associations, one from a State banking thereof) are as fair and accurate as and that its members may have other, department, and five from other possible. more pressing matters to which they interested parties. The comments Several commenters suggested may need to attend. The FDIC is generally supported the proposed including on the Committee individuals committed to establishing a fair and guidelines, although various suggestions from outside the FDIC, such as credible review process and believes and recommendations were made to representatives of the banking that the proposed committee structure revise the proposal. The following is a community and other governmental accomplishes that objective. The FDIC discussion of the comments received on agencies. The FDIC believes that the recognizes, however, that at times some the proposal, including those received addition of individuals from outside the members of the Committee may need to after the close of the comment period. FDIC not only is unnecessary to assure delegate their responsibility to serve on A. Independent Appellate Process that the appeals process is fair and the Committee to a senior member of unbiased but also would be their staff but believes that this in no The Act requires the FDIC to establish inappropriate. The addition of such way should diminish the credibility, an independent appellate process for individuals to the Committee would not balance or fairness of the Committee or the review of material supervisory be consistent with the statutory mandate the process. determinations by an agency official to establish an ‘‘intra-agency’’ appeals In addition, many commenters who does not directly or indirectly process and could raise questions expressed support for the proposed report to the agency official who made regarding the disclosure of records and composition and structure of the the material supervisory determination other information contained in or Committee. After considering all of the under review. To satisfy this related to examination, operating and comments on this aspect of the requirement, the FDIC proposed to other reports concerning an institution proposal, the FDIC continues to believe establish a Supervision Appeals Review (which are generally exempt from that the proposed composition and Committee consisting of the Vice public disclosure). structure of the Committee not only Chairperson as chair of the Committee, The FDIC requested specific comment satisfies the requirement of the Act to the Director of the Division of on whether the Vice Chairperson should establish an independent intra-agency Supervision, the Director of the Division be included as a member of the appellate process but also lends of Compliance and Consumer Affairs, Committee, even if it would mean that credibility, fairness and balance to the the Ombudsman, and the General occasionally he might need to recuse process. The FDIC therefore believes Counsel (or their designees) to consider himself from participation in a related that no change to this provision is and decide appeals of material enforcement action. Specific comment necessary. supervisory determinations. was also requested on how the Several commenters expressed Committee might be structured if the B. Institutions Eligible To Appeal concern regarding the composition of Vice Chairperson were not included. As The Act requires that the FDIC’s the Committee, suggesting that a discussed in the notice of proposed appeals process be available to review committee composed only of senior guidelines, the Vice Chairperson may be material supervisory determinations regulators lacks balance and cannot be involved in the consideration and made at insured depository institutions fair and unbiased. The FDIC does not disposition of enforcement proceedings that it supervises. The FDIC proposed share this view and points out that a before the Board of Directors which, on that its appeals process be available not majority of the members of the occasion, may involve matters only to the insured depository Committee are not directly responsible considered by the Committee. While the institutions that it supervises (i.e., for the FDIC’s supervision or FDIC believes that the inclusion of the insured State nonmember banks (except compliance activities and do not report Vice Chairperson on the Committee District banks) and insured branches of to the individuals responsible for those should lend credibility, fairness and foreign banks) but also to other insured activities. Moreover, the Committee balance to the appeals process, it depository institutions with respect to would include the Ombudsman (who recognizes that the Vice Chairperson’s which it makes material supervisory reports on all matters to the participation in an appeal of certain determinations. No commenters Chairperson) and the Vice Chairperson. material supervisory determinations addressed this aspect of the proposal. The FDIC believes, however, that the could give the Vice Chairperson access The FDIC therefore believes that no inclusion of individuals who are to information which may not be part of change to this provision is necessary. knowledgeable and experienced in the administrative record of a factually matters relating to the FDIC’s related enforcement proceeding. C. Material Supervisory Determinations supervision and compliance activities— Although such a situation is unlikely to The Act requires the FDIC to establish the Directors of the Division of occur, if it does occur it may be prudent an appeals process to review material Supervision and the Division of for the Vice Chairperson to recuse supervisory determinations. The term Compliance and Consumer Affairs— himself from participation in the related ‘‘material supervisory determinations’’ would bring to the Committee the enforcement proceeding. Of the is defined in the Act to include necessary experience and judgment to commenters that addressed this aspect determinations relating to: (1) make well-informed decisions of the proposal, all supported including examination ratings; (2) the adequacy of Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15925 loan loss reserve provisions; and (3) significant to an institution. The FDIC insurance assessment risk loan classifications on loans that are proposed that classifications of other classifications); (b) decisions to initiate significant to an institution. The Act assets that are significant to an formal enforcement actions under specifically excludes from the definition institution should also be eligible for section 8 of the Federal Deposit of ‘‘material supervisory appeal. In addition, the FDIC proposed Insurance Act, 12 U.S.C. 1818 determinations’’ a decision to appoint a that a classified loan or other asset (including assessment of civil money conservator or receiver for an insured could be regarded as significant to an penalties); (c) decisions to initiate depository institution or to take prompt institution if the amount of the loan or informal enforcement actions (such as corrective action pursuant to section 38 asset, individually or together with memoranda of understanding); (d) of the Federal Deposit Insurance Act, 12 other classified loans or assets, equals or determinations relating to a violation of U.S.C. 1831o. exceeds 10 percent of the institution’s a statute or regulation; and (e) any other capital or 1 percent of its total assets. determinations not specified in the Act 1. Examination Ratings A number of commenters suggested as being eligible for appeal. The FDIC proposed to construe the that the proposed guidelines were not A number of commenters suggested reference to ‘‘examination ratings’’ to clear as to how the 10 percent of capital that these limitations were too mean: (a) CAMEL ratings under the or 1 percent of assets threshold may be restrictive and pointed out that the Uniform Financial Institutions Rating reached on an aggregated basis. A few statutory listing of material supervisory System; (b) EDP ratings under the commenters noted that, while a determinations was merely illustrative Uniform Interagency Rating System for particular percentage may be significant and not intended to be exhaustive. They Data Processing Operations; (c) trust for one institution, it may not be also noted that the proposals of the ratings under the Uniform Interagency significant for another institution other banking agencies were not as Trust Rating System; (d) CRA ratings depending on the totality of the restrictive as the FDIC’s proposal. Upon under the Revised Uniform Interagency circumstances. Another commenter further consideration of the relevant Community Reinvestment Act suggested that there should be an ability statutory language, the FDIC now Assessment Rating System; (e) to appeal not merely where there is a believes that the proposal was consumer compliance ratings under the specified percentage of the portfolio unnecessarily restrictive as to the scope Uniform Interagency Consumer classified, but where any classification of determinations eligible for appeal. Compliance Rating System; (f) registered has an adverse impact on the Consequently, the FDIC has expanded transfer agent examination ratings; (g) institution. In consideration of the the scope of determinations that are government securities dealer concerns expressed with respect to this eligible for appeal in two significant examination ratings; and (h) municipal aspect of the proposal, the proposal has respects. securities dealer examination ratings. been revised to eliminate the 1 percent First, determinations relating to a One commenter suggested that the of assets threshold and clarify that loan violation of a statute or regulation that proposed guidelines should be clarified or other asset classifications in dispute, may impact the capital, earnings, or to specifically reference the composite individually or together with other operating flexibility of an institution, or CAMEL rating (which is the rating classified loans or assets in dispute, that otherwise affect the nature and level of revealed to an institution) as the rating exceed 10 percent of an institution’s supervisory oversight accorded an eligible for appeal since component total capital may be appealed. The FDIC institution are eligible for appeal. The CAMEL ratings are not revealed to an believes that capital is the more FDIC recognizes that interpretations of institution. The FDIC believes that no sensitive and critical measure and that statutes or regulations frequently are the change to this provision of the proposed such measure should enable an subject of differing views between guidelines is necessary. Since institution to appeal classifications that examiners and the institution involved component ratings are not revealed to materially affect the institution. The and such matters can have a material an institution, such ratings cannot be FDIC further believes that limiting loan effect on the institution and the appealed regardless of whether there is and other asset classification appeals to supervisory treatment accorded it. a specific reference in the guidelines to those that involve a significant level of Review of such determinations is composite ratings. The FDIC believes classification (i.e., enough to be therefore consistent with the Act’s goal that the language of this provision is material) is necessary not only to of ensuring review of material consistent with its intent to permit any discourage insignificant or unnecessary supervisory determinations. examination rating revealed to an appeals but also to carry out the Act’s Second, instead of specifically institution to be appealed. intent that classifications that have a excluding determinations not specified significant impact on an institution be in the Act as being ineligible for appeal, 2. Adequacy of Loan Loss Reserve eligible for appeal. the FDIC has created a catch-all category Provisions of other material supervisory 4. Determinations Not Eligible for Since the Act defines material determinations that may be appealed. Appeal supervisory determinations to include Such category includes any the adequacy of loan loss reserve As provided in the Act, the term determination (unless otherwise not provisions, the FDIC proposed that such ‘‘material supervisory determinations’’ eligible for appeal) that may impact the determinations be eligible for appeal. does not include a decision to appoint capital, earnings, operating flexibility, No commenters addressed this aspect of a conservator or receiver for an insured or capital category for prompt corrective the proposal. The FDIC therefore depository institution or to take prompt action purposes of an institution, or believes that no change to this provision corrective action pursuant to section 38 otherwise affect the nature and level of is necessary. of the Federal Deposit Insurance Act, 12 supervisory oversight accorded an U.S.C. 1831o. The FDIC proposed that institution. 3. Loan Classifications the term ‘‘material supervisory A number of commenters questioned The Act defines material supervisory determinations’’ also should not the exclusion of decisions to initiate determinations to include include: (a) determinations for which formal or informal enforcement actions determinations relating to loan other appeals procedures exist (such as from the scope of appealable classifications on loans that are determinations relating to deposit determinations. A few commenters 15926 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices recommended that at least decisions to underlying determinations so long as parties in connection with enforcement initiate informal enforcement actions they are eligible for appeal. Based on proceedings. should be appealable. One commenter these comments, the FDIC has revised F. Effect on Applications or Requests for argued that, if a determination to initiate the proposal to clarify this issue. Approval an informal enforcement action was D. Authority To Initiate Appeal eligible for appeal, an institution could The FDIC proposed that any avoid the cost and burden associated The FDIC proposed that an institution application or request for approval with such action while an appeal is should not be permitted to initiate an made to the FDIC by an institution that pending that could be resolved in the appeal of a material supervisory has appealed a material supervisory institution’s favor. While there is some determination unless its board of determination which relates to or could merit to this view, the FDIC believes directors considered the merits of the affect the approval of the application or that the possible abuse of the appeals appeal and authorized that it be filed. request would not be considered until a process to delay or otherwise impede This requirement was intended to final decision concerning the appeal well-founded enforcement actions assure that an institution’s board of was made unless otherwise requested by outweighs the concerns expressed. directors not only had knowledge of a the institution. No commenters Moreover, appeals will be processed possible appeal but also had an addressed this aspect of the proposal. and decided expeditiously which the opportunity to consider its merits. The The FDIC therefore believes that no FDIC believes should minimize any FDIC noted in the proposed guidelines change to this provision is necessary. costs or other burdens to the institution that such involvement by the board of G. Scope of Review associated with an informal directors in the decision to initiate an The FDIC proposed that the enforcement action. appeal is consistent with its One commenter questioned the appropriate scope of review of any responsibility to oversee the material supervisory determination exclusion of determinations relating to institution’s management and may deposit insurance assessment risk should be limited to the facts and discourage insignificant or unnecessary circumstances as they existed prior to or classifications. The FDIC recognizes that appeals. No commenters were critical of such determinations may have a at the time the material supervisory this requirement. However, one determination was made and that material impact on an institution but commenter expressly stated that such points out that it has procedures in consideration should not be given to requirement should eliminate any any facts or circumstances that occur or place (which are set forth as an frivolous appeals brought because of a attachment to FIL–27–94, dated April corrective action taken after the personality conflict between a senior determination was made. No 26, 1994) for requesting review of officer and an examiner. The FDIC deposit insurance assessment risk commenters questioned this limitation, therefore believes that no change to this although one commenter requested that classifications. Since the FDIC’s role as aspect of the proposal is necessary. deposit insurer is separate and distinct the proposed guidelines be clarified to from its role as supervisor, it believes E. Effect on Supervisory or Enforcement provide that the FDIC will consider facts that review of determinations relating to Actions and circumstances that existed at the deposit insurance assessment risk time the determination was made but Section 309(g) of the Act provides that classifications should be kept separate that may have been discovered or come ‘‘[n]othing in ... section [309] shall affect from review of supervisory to the attention of the FDIC or the the authority of an appropriate Federal determinations. The FDIC believes that institution after such determination. banking agency or the National Credit the current procedures for requesting The FDIC believes that this is a useful Administration Board to take review of deposit insurance assessment clarification and has revised the risk classifications are sufficient and enforcement or supervisory action.’’ To proposed guidelines accordingly. that allowing parallel rights of appeal reiterate this mandate as well as to However, the FDIC cautions institutions for such determinations would be discourage any possible abuse of the not to introduce or present information confusing, duplicative, and wasteful. appeals process, the FDIC proposed that or arguments for the first time on appeal One commenter recommended that use of the appeals process by any which could have been introduced or examiner criticisms of insider related institution should not affect, delay, or presented to the on-site examiner and/ matters should be eligible for appeal, impede any formal or informal or appropriate Regional Office. While even in those instances where small or supervisory or enforcement action in such information or arguments will be no dollar amounts are involved. Since progress or affect the FDIC’s authority to considered on appeal, the introduction the appeals process is designed to allow take any supervisory or enforcement of such information or arguments at a institutions to appeal material action against an institution. late date could impede the prompt and supervisory determinations, the FDIC No commenters directly addressed expeditious resolution of disputes. believes that insider related matters that this aspect of the proposal. However, qualify as material supervisory one commenter questioned whether H. Review Procedures determinations should be eligible for there would be any adverse or The FDIC proposed that an institution appeal while those matters that do not prejudicial effect on an institution could appeal any material supervisory qualify should not be eligible for appeal. involved in a formal enforcement determination but it first should make a A few commenters suggested that the proceeding for failure to file an appeal good faith effort to resolve the dispute provision in the proposed guidelines of a related matter. That commenter also concerning the determination with the regarding determinations not eligible for questioned the extent to which a final on-site examiner and/or the appropriate appeal be revised to clarify that the decision made by the Supervision Regional Office. The proposed underlying basis for a determination to Appeals Review Committee may be guidelines would have required that the take prompt corrective action or initiate subject to collateral attack or review by on-site examiner and the Regional a formal or informal enforcement action an administrative law judge in an Office promptly respond to any is appealable so long as it otherwise administrative enforcement action. The concerns raised by an institution qualifies. The FDIC does not intend to FDIC believes that the appeal process is regarding a material supervisory exclude from the appeals process such not intended to affect the rights of determination. Several commenters Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15927 incorrectly understood this provision to include: (a) a detailed description of the be shortened. However, given the time mean that an institution must first issues in dispute, the surrounding necessary to fully and fairly review an attempt to resolve any disputed circumstances, the institution’s position appeal and convene a meeting of the determination with the on-site examiner regarding the dispute and any Supervision Review Appeals and/or the appropriate Regional Office arguments to support that position, and Committee, the FDIC continues to before it may file an appeal. While the any good faith effort to resolve the believe that the proposed time period is proposed guidelines would have dispute with the on-site examiner and appropriate. One commenter suggested encouraged informal resolution of the Regional Office and the results of that the proposal be revised to provide disputes, it was not intended to make that effort; and (b) a statement that the an institution with the right to request informal resolution a condition to the institution’s board of directors has an appearance before the Supervision filing of an appeal with the Washington considered the merits of the appeal and Appeals Review Committee to present Office. The FDIC therefore has revised authorized that it be filed. No evidence or otherwise support its the proposed guidelines to make this commenters addressed this aspect of the position. The FDIC agrees that an clear. proposal. The FDIC therefore believes institution should have the right to The FDIC reiterated in the proposed that no change to this provision is request an appearance before the guidelines that codification of this necessary, other than to require that the Committee to present evidence or appeals process was not intended to request for review include (in addition otherwise support its position but affect its longstanding practice of to the information listed in the proposed believes that the Committee should have affording institutions opportunities to guidelines) citation of any relevant the discretion, depending on the facts express their views and concerns statute, regulation, policy statement or and circumstances of the determination throughout the examination/supervisory other authority to support the under appeal and whether such process. Institutions are encouraged to institution’s position regarding the appearance would be productive, to discuss examination findings, loan loss dispute and how resolution of the determine whether to allow such reserve provisions and classifications on dispute would impact the institution appearance. loans and other assets during on-site and why such impact would be The proposed guidelines would have examinations as well as express any material. required that, if sufficient information concerns to senior staff of the The FDIC further proposed that the was not provided to enable the appropriate Regional Office if a matter appropriate Division Director could, in Supervision Appeals Review Committee has not been resolved by the on-site his or her discretion, promptly resolve to make a decision concerning the examiner. The FDIC continues to the appeal in favor of the institution or, disputed material supervisory believe that an institution is best served if he or she could not resolve the appeal determination, the 60-day period within by raising questions or objections in favor of the institution, must refer the which the Committee must notify the concerning an examination when they appeal to the Supervision Appeals institution of its decision would be arise through these informal processes Review Committee, together with the extended upon agreement of the rather than after the close of an institution’s request for review and any institution for such additional time as it examination and the filing of an appeal. other relevant information concerning would take the institution to provide the The proposed guidelines would have the dispute. The Supervision Appeals information requested by the required all appeals to the Washington Review Committee (which was Committee. If the institution failed to Office to be initiated within 60 days proposed to be comprised of the Vice provide the requested information, the following the institution’s receipt of a Chairperson, the Director of the Division Committee could (but would not have report of examination containing a of Supervision, the Director of the been required to) consider and decide material supervisory determination or Division of Compliance and Consumer the appeal on the information available. other written communication of a Affairs, the Ombudsman, and the One commenter suggested that this material supervisory determination. A General Counsel (or their designees)) provision was unclear. The FDIC few commenters suggested that the time would have reviewed the appeal for believes that this provision is period in which an institution could file consistency with the policies, practices straightforward but explains that it was an appeal should be shortened, while and mission of the FDIC, including intended to allow the Committee to others suggested a longer period. those of the Division of Supervision or extend the time in which it must issue However, one commenter stated that the the Division of Compliance and a decision in order to request and proposed time period was appropriate. Consumer Affairs, as appropriate, and receive additional information from the The FDIC has reconsidered this issue the overall reasonableness of and institution. Under the proposal, the but, given the time necessary for an support offered for the respective institution could refuse to agree to the institution to review findings, prepare a positions advanced, and notify the delay or to provide the additional written appeal and obtain board institution, in writing, of its decision information, in which case the approval, continues to believe that the concerning the disputed material Committee could decide the appeal on proposed time period is appropriate. supervisory determination within 60 the existing record or consider the To initiate an appeal, the FDIC days of receipt by the appropriate appeal abandoned. proposed that the institution would Division Director of the institution’s The FDIC proposed that the decision have to submit, in writing, to the request for review. The proposed of the Supervision Appeals Review Director of the Division of Supervision, guidelines would have required that the Committee would constitute the final if the dispute was with a Division of notice of decision contain at a minimum supervisory decision of the FDIC and Supervision on-site examiner or an explanation of the factual basis as would not be eligible for further appeal Regional Office, or to the Director of the well as the reason(s) for the decision pursuant to the FDIC’s appeals process Division of Compliance and Consumer and a statement that the decision unless new information was submitted. Affairs, if the dispute was with a constitutes the final supervisory In such case, the Committee could, in its Division of Compliance and Consumer decision of the FDIC. discretion, reconsider the decision Affairs on-site examiner or Regional A few commenters suggested that the concerning the disputed material Office, a request for review. The request time period in which the FDIC must supervisory determination if good cause for review would have been required to consider and decide an appeal should was shown why such new information 15928 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices was material to the dispute. No Supervision Appeals Review K. Prohibition on Examiner Retaliation commenters directly addressed this Committee. The FDIC believes that a The FDIC proposed that any aspect of the proposal. committee approach, which brings retaliation, abuse, or retribution by an A few commenters suggested that an together the experience and judgment of agency examiner against an institution institution’s position with respect to a a variety of individuals from different that appeals a material supervisory determination under review should disciplines (including the Ombudsman), determination would constitute prevail if the FDIC fails to notify the is more likely to produce fair and sound unprofessional conduct and should institution of its decision within 60 days results for both the institution involved subject the examiner to appropriate of receipt by the appropriate Division and the FDIC than a process in which disciplinary or remedial action by the Director of the institution’s request for a single individual (such as the appropriate Division Director. Under the review. The FDIC believes that appeals Ombudsman) alone considers and proposed guidelines, such disciplinary should be decided on their merits and decides appeals. Moreover, as a member or remedial action could have included not as a result of a failure to meet a time of the Supervision Appeals Review oral or written warning or deadline. Nevertheless, the FDIC Committee, the Ombudsman will pledges to make every effort to decide admonishment, reprimand, or consider and participate in all appeals. an appeal and notify the institution of suspension, or change in assigned duties or disqualification from a its decision within the 60-day time J. Coordination With State Regulatory particular assignment or a particular period. If, however, the institution Authorities believes that the FDIC has not acted in matter, including prohibition from good faith to decide an appeal and Two commenters suggested that the participating in any examination of the notify the institution of its decision proposed guidelines should be revised institution that was the subject of the within this time period, it may request to require that the FDIC coordinate with retaliation, abuse, or retribution. that the Ombudsman investigate or the appropriate State regulatory A few commenters suggested that the otherwise intervene in the matter. authority with respect to the appeal of proposed guidelines be clarified to One commenter suggested that the a material supervisory determination provide who an institution may contact proposed guidelines be revised to that is the joint product of the FDIC and in the event it believes or has any address how records are to be expunged the State regulatory authority. These evidence that it has been subject to examiner retaliation. Other commenters when a determination (that is part of an commenters also suggested that a suggested that the role of the examination report or other written representative of the appropriate State Ombudsman should be expanded to communication) is subsequently regulatory authority should sit on the include receiving, monitoring, and reversed through the appeals process. Supervision Appeals Review investigating complaints of examiner The FDIC is not convinced that a Committee. The FDIC believes that such determination which is reversed retaliation. The FDIC believes that the coordination is necessary but does not Ombudsman should be permitted to through the appeals process needs to be believe that a representative of the expunged from the record. The FDIC receive and investigate complaints of appropriate State regulatory authority examiner retaliation as well as make believes that there is little risk that a should sit on the Committee. The FDIC subsequent reviewer of the institution’s recommendations to the appropriate believes that the inclusion of a Division Director for corrective action. record will overlook the reversal and representative of a State regulatory consider the determination as part of the The FDIC therefore has revised the authority on the Committee would not proposed guidelines to provide that any record in its dealings with the be consistent with the statutory mandate institution. institution that believes or has any to establish an ‘‘intra-agency’’ appeals evidence that it has been subject to I. Limitation of Use of Agency process. However, to provide for examiner retaliation may file a Ombudsman coordination with State regulatory complaint with the Ombudsman and/or Section 309(d) of the Act requires the authorities with respect to the appeal of the appropriate Division Director, FDIC to appoint an Ombudsman to act a joint material supervisory Federal Deposit Insurance Corporation, as a liaison with respect to any problem determination, the FDIC has revised the 550 17th Street, Washington, D.C. that any person may have in dealing proposal to specifically require that the 20429, explaining the circumstances with the FDIC resulting from its appropriate Division Director promptly and the basis for such belief or evidence regulatory activities. The FDIC proposed notify the appropriate State regulatory and requesting that the complaint be that, in order to preserve the integrity of authority of any appeal of a joint investigated and appropriate the appeals process, the merits of any supervisory determination as well as to disciplinary or remedial action taken. material supervisory determination for provide the regulatory authority with a Other commenters suggested that the which an appeal had been initiated or copy of the institution’s request for FDIC should contact every institution a final decision made should not be review and any other related materials that files an appeal at various intervals eligible for consideration by the and solicit the regulatory authority’s after the appeal to inquire as to whether Ombudsman. The FDIC also proposed, views regarding the merits of the appeal the institution believes or has any however, that the Ombudsman should before making a final decision. That evidence that it has been subject to not be prohibited from considering any Director will present the views of the examiner retaliation. The FDIC does not other problems that an institution may regulatory authority (as well as his or believe that routine follow-up inquiries have in dealing with the FDIC in her own views) before the Committee would be useful or productive in every connection with its appeals process, and attempt to reconcile the views of case in which an institution has filed an including consideration of the overall the regulatory authority with the views appeal. Consequently, the FDIC will rely fairness, efficiency or effectiveness of of the Committee. The Committee will on complaints of examiner retaliation the process. notify the institution and the State that it receives from institutions to A few commenters suggested that the regulatory authority of its decision and monitor and investigate such activity. Ombudsman should have the any differences remaining between the One commenter suggested that the opportunity to consider and decide institution and the State authority will prohibition against examiner retaliation appeals outside the structure of the be left to those parties to resolve. should be extended to cover all Regional Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15929

Office personnel. The FDIC believes that these Guidelines. Material supervisory The FDIC recognizes that, although retaliation by any employee at any level determinations mean: determinations to take prompt constitutes unprofessional conduct and (a) CAMEL ratings under the Uniform corrective action or initiate formal or should subject the employee to Financial Institutions Rating System; informal enforcement actions are not appropriate disciplinary or remedial (b) EDP ratings under the Uniform appealable, the determinations upon action. Accordingly, the FDIC has Interagency Rating System for Data which such actions may be based (e.g., revised the proposed guidelines to make Processing Operations; loan classifications) are appealable clear that the prohibition on retaliation (c) trust ratings under the Uniform provided they otherwise qualify. extends to all personnel, including Interagency Trust Rating System; E. Authority to Initiate Appeals Regional and Washington Office (d) CRA ratings under the Revised personnel. Uniform Interagency Community An institution may not initiate an For the reasons set out in the Reinvestment Act Assessment Rating appeal of a material supervisory Preamble, the Board has adopted the System; determination pursuant to the Guidelines for Review of Material (e) consumer compliance ratings procedures set forth in these Guidelines Supervisory Determinations as set forth under the Uniform Interagency unless its board of directors has below. Consumer Compliance Rating System; considered the merits of the appeal and (f) registered transfer agent authorized that it be filed. Guidelines for Appeals of Material examination ratings; Supervisory Determinations (g) government securities dealer F. Effect on Supervisory or Enforcement examination ratings; Actions A. Introduction (h) municipal securities dealer The use of the procedures set forth in Section 309(a) of the Riegle examination ratings; these Guidelines by any institution will Community Development and (i) determinations relating to the not affect, delay, or impede any formal Regulatory Improvement Act of 1994 adequacy of loan loss reserve or informal supervisory or enforcement (Pub. L. 103–325, 108 Stat. 2160) (Act) provisions; action in progress or affect the FDIC’s requires the Federal Deposit Insurance (j) classifications of loans and other authority to take any supervisory or Corporation (FDIC) to establish an assets in dispute the amount of which, enforcement action against that independent intra-agency appellate individually or in the aggregate, exceed institution. process to review material supervisory 10 percent of an institution’s total G. Effect on Applications or Requests for determinations made at insured capital; Approval depository institutions that it (k) determinations relating to supervises. The FDIC has adopted these violations of a statute or regulation that Any application or request for Guidelines for Appeals of Material may impact the capital, earnings, or approval made to the FDIC by an Supervisory Determinations operating flexibility of an institution, or institution that has appealed a material (Guidelines) in accordance with the Act. otherwise affect the nature and level of supervisory determination which relates The Guidelines describe the types of supervisory oversight accorded an to or could affect the approval of the determinations that are eligible for institution; and application or request will not be review and the process by which (l) any other supervisory considered until a final decision appeals will be considered and decided. determination (unless otherwise not concerning the appeal is made unless eligible for appeal) that may impact the otherwise requested by the institution. B. Independent Appellate Process capital, earnings, operating flexibility, H. Scope of Review The procedures set forth in these or capital category for prompt corrective Guidelines establish an appeals process action purposes of an institution, or The scope of review of any material for the review of material supervisory otherwise affect the nature and level of supervisory determination pursuant to determinations by a supervisory appeals supervisory oversight accorded an the procedures set forth in these review committee consisting of the Vice institution. Guidelines is limited to the facts and circumstances as they existed prior to or Chairperson, the Director of the Division 2. Determinations Not Eligible for at the time the material supervisory of Supervision, the Director of the Appeal Division of Compliance and Consumer determination was made and no Material supervisory determinations Affairs, the Ombudsman, and the consideration will be given to any facts do not include: (a) decisions to appoint General Counsel (or their designees). or circumstances that occur or a conservator or receiver for an insured corrective action taken after the C. Institutions Eligible to Appeal depository institution; (b) decisions to determination was made. However, the take prompt corrective action pursuant These Guidelines apply not only to FDIC will consider any facts or to section 38 of the Federal Deposit the insured depository institutions that circumstances that existed prior to or at Insurance Act, 12 U.S.C. 1831o; (c) the FDIC supervises (i.e., insured State the time the determination was made determinations for which other appeals nonmember banks (except District but that may have been discovered or procedures exist (such as banks) and insured branches of foreign come to the attention of the FDIC or the determinations relating to deposit banks) but also to other insured institution after such determination. insurance assessment risk depository institutions with respect to classifications); (d) decisions to initiate I. Review Procedures which the FDIC makes material formal enforcement actions under An institution may appeal any supervisory determinations. section 8 of the Federal Deposit material supervisory determination but D. Material Supervisory Determinations Insurance Act, 12 U.S.C. 1818 it first should make a good faith effort (including assessment of civil money to resolve the dispute concerning the 1. Determinations Eligible for Appeal penalties) or under any other provisions determination with the on-site examiner An institution may appeal any of law or regulation; and (e) decisions to and/or the appropriate Regional Office. material supervisory determination initiate informal enforcement actions The on-site examiner and the Regional pursuant to the procedures set forth in (such as memoranda of understanding). Office are expected to promptly respond 15930 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices to any concerns raised by an institution of Compliance and Consumer Affairs, as consideration by the Ombudsman regarding a material supervisory appropriate, and the overall (except in his or her capacity as a determination. If an institution is unable reasonableness of and the support member of the Supervision Appeals to resolve the dispute with the on-site offered for the respective positions Review Committee). Any other examiner or the Regional Office, it may advanced, and notify the institution, in problems, however, that an institution appeal the determination to the writing, of its decision concerning the may have in dealing with the FDIC in Washington Office. While informal disputed material supervisory connection with the procedures set forth resolution of disputes is encouraged, it determination within 60 days of receipt in these Guidelines are eligible for is not a condition to the filing of an by the appropriate Division Director of consideration by the Ombudsman, appeal with the Washington Office. the institution’s request for review. The including consideration of the overall All appeals to the Washington Office notice of decision must contain at a fairness, efficiency or effectiveness of must be initiated within 60 days minimum an explanation of the factual the process. following the institution’s receipt of a basis as well as the reason(s) for the K. Coordination With State Regulatory report of examination containing a decision and a statement that the Authorities material supervisory determination or decision constitutes the final other written communication of a supervisory decision of the FDIC. In the event that a material material supervisory determination. To The institution may request an supervisory determination under appeal initiate an appeal, the institution must appearance before the Supervision is the joint product of the FDIC and a submit, in writing, to the Director of the Appeals Review Committee to present State regulatory authority, the Division of Supervision, if the evidence or otherwise support its appropriate Division Director will institution was unable to resolve the position. The Committee may in its promptly notify the appropriate State dispute with a Division of Supervision discretion, depending on the facts and regulatory authority of the appeal, on-site examiner or Regional Office, or circumstances of the determination provide to the regulatory authority a to the Director of the Division of under appeal and whether such copy of the institution’s request for Compliance and Consumer Affairs, if appearance would be productive, review and any other related materials, the institution was unable to resolve the determine whether to allow such and solicit the regulatory authority’s dispute with a Division of Compliance appearance. views regarding the merits of the appeal and Consumer Affairs on-site examiner If sufficient information is not before making a final decision. That or Regional Office, a request for review. provided to enable the Supervision Director will present the views of the The request for review should include: Appeals Review Committee to make a regulatory authority (as well as his or (a) a detailed description of the issues decision concerning the disputed her own views) before the Supervision in dispute, the surrounding material supervisory determination, the Appeals Review Committee and attempt circumstances, the institution’s position 60-day period within which the to reconcile the views of the regulatory regarding the dispute and any Committee must notify the institution of authority with the views of the arguments to support that position the decision will be extended upon Supervision Appeals Review (including citation of any relevant agreement of the institution for such Committee. The Supervision Appeals statute, regulation, policy statement or additional time as it takes the institution Review Committee will notify the other authority), how resolution of the to provide the information requested by institution and the State regulatory dispute would impact the institution the Committee. If the institution fails to authority of its decision and any and why such impact would be provide the requested information, the differences remaining between the material, and the good faith effort to Committee may but will not be required institution and the State authority will resolve the dispute with the on-site to consider and decide the appeal. be left to those parties to resolve. examiner and the Regional Office and Moreover, if the FDIC fails to notify the L. Prohibition on Examiner Retaliation the results of that effort; and (b) a institution of its decision within 60 days statement that the institution’s board of of receipt by the appropriate Division Any retaliation, abuse, or retribution directors has considered the merits of Director of the institution’s request for by an agency examiner or any FDIC the appeal and authorized that it be review, the institution may request that personnel against an institution that filed. the Ombudsman investigate or appeals a material supervisory The appropriate Division Director otherwise intervene in the matter. determination constitutes may, in his or her discretion, promptly The decision of the Supervision unprofessional conduct and will subject resolve the appeal in favor of the Appeals Review Committee will the examiner or other personnel to institution or, if he or she cannot resolve constitute the final supervisory decision appropriate disciplinary or remedial the appeal in favor of the institution, of the FDIC and will not be eligible for action by the appropriate Division will refer the appeal to the Supervision further appeal pursuant to the Director. Such disciplinary or remedial Appeals Review Committee, together procedures set forth in these Guidelines action may include oral or written with the institution’s request for review unless new information is submitted. In warning or admonishment, reprimand, and any other relevant information such case, the Committee may, in its or suspension, or change in assigned concerning the dispute. The discretion, reconsider the decision duties or disqualification from a Supervision Appeals Review Committee concerning the disputed material particular assignment or a particular (which is comprised of the Vice supervisory determination if good cause matter, including prohibition from Chairperson, the Director of the Division is shown why such new information is participating in any examination of the of Supervision, the Director of the material to the dispute. institution that was the subject of the Division of Compliance and Consumer retaliation, abuse, or retribution. Any Affairs, the Ombudsman, and the J. Limitation on Use of Agency institution that believes or has any General Counsel (or their designees)) Ombudsman evidence that it has been subject to will review the appeal for consistency The merits of any material retaliation may file a complaint with the with the policies, practices and mission supervisory determination for which an Ombudsman and/or the appropriate of the FDIC, including those of the appeal has been initiated or a final Division Director, Federal Deposit Division of Supervision or the Division decision made will not be eligible for Insurance Corporation, 550 17th Street, Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15931

Washington, D.C. 20429, explaining the measures that may be necessary. We DSR-Senator Joint Service circumstances and the basis for such welcome your comments on this Kawasaki Kisen Kaisha, Ltd. belief or evidence and requesting that document. Mitsui O.S.K. Lines, Ltd. the complaint be investigated and Dated: March 20, 1995. Nippon Yusen Kaisha, Ltd. appropriate disciplinary or remedial P&O Containers, Ltd. Kay C. Goss, action taken. United Arab Shipping Company Associate Director for Preparedness, Training, (S.A.G.) By order of the Board of Directors. and Exercises. Neptune Orient Lines, Ltd. Dated at Washington, D.C. this 21st day of [FR Doc. 95–7578 Filed 3–27–95; 8:45 am] March, 1995. Orient Overseas Container Line, Inc. BILLING CODE 6718±20±P Sea-Land Service, Inc. Federal Deposit Insurance Corporation. The National Shipping Company of Robert E. Feldman, Saudi Arabia Acting Executive Secretary. FEDERAL MARITIME COMMISSION Synopsis: The proposed Agreement [FR Doc. 95–7523 Filed 3–27–95; 8:45 am] authorizes the parties to meet and BILLING CODE 6714±01±P Agreement(s) Filed discuss tariffs, service contracts, The Federal Maritime Commission service items, rates, charges, hereby gives notice of the filing of the classifications, practices, terms, FEDERAL EMERGENCY following agreement(s) pursuant to conditions, rules, regulations, and MANAGEMENT AGENCY section 5 of the Shipping Act of 1984. other matters of mutual concern in the trade from U.S. ports and points to Availability of FEMA-REP±11, Revision Interested parties may inspect and obtain a copy of each agreement at the ports and points in India, Pakistan, AGENCY: Federal Emergency Washington, DC Office of the Federal Bangladesh, Sri Lanka and Myanmar. Management Agency (FEMA). Maritime Commission, 800 North Adherence to any agreement reached ACTION: Notice of availability. Capitol Street, NW., 9th Floor. is voluntary. Interested parties may submit comments Agreement No.: 203–011493 SUMMARY: FEMA announces the on each agreement to the Secretary, Title: Cool Carriers AB/Dammers availability of the document ‘‘A Guide Federal Maritime Commission, Chartering NV Discussion Agreement to Preparing Public Information Washington, DC 20573, within 10 days Parties: Materials and Emergency Alert System after the date of the Federal Register in Cool Carriers AB Instructions for Radiological which this notice appears. The Dammers Chartering NV Emergencies,’’ FEMA-REP–11, Revision, requirements for comments are found in Synopsis: The proposed Agreement and requests comments on the § 572.603 of Title 46 of the Code of authorizes the parties to meet and document. Federal Regulations. Interested persons discuss, tariffs, service contracts, DATES: Comments and responses should should consult this section before service items, general rate levels be sent no later than June 26, 1994. communicating with the Commission (including general rate increases and ADDRESSES: Comments on ‘‘FEMA-REP– regarding a pending agreement. decreases), specific rates, charges, 11, Revision’’ should be sent to the Agreement No.: 202–009648A–068 classifications, practices, terms, Rules Docket Clerk, Office of the Title: Inter-American Freight Conference conditions, rules, regulations, and General Counsel, room 840, Federal Parties: other matters of mutual concern in the Emergency Management Agency, 500 C A.P. Moller-Maersk Line trade between ports and points in Street SW., Washington, DC 20472, Empresa de Navegacao Alianca, S.A. Australia to ports and points in the (facsimile) (202) 646–4536. Frota Amazonica S.A. U.S. Adherence to any agreement FOR FURTHER INFORMATION CONTACT: Columbus Line reached is voluntary. William F. McNutt, Senior Policy Transroll/Sea-Land Joint Service Dated: March 22, 1995. Advisor, Preparedness and Policy Crowley American Transport, Inc. By Order of the Federal Maritime Branch, Preparedness, Training and A/S Ivarans Rederi d/b/a Ivaran Lines Commission. Exercises Directorate, Federal Companhia Maritima Nacional Joseph C. Polking, Emergency Management Agency, 500 C Companhia de Navegacao Lloyd Secretary. Street SW., Washington, DC 20472, Brasileiro [FR Doc. 95–7529 Filed 3–27–95; 8:45 am] (202) 646–2857. Empresa Lineas Maritimas Argentinas BILLING CODE 6730±01±M SUPPLEMENTARY INFORMATION: FEMA- Synopsis: The proposed amendment REP–11 was first published in June adds a new Article 14.04—Service 1987. This document provided Contracts, which establishes rules for Ocean Freight Forwarder License; assistance to State and local any new member that joins the Revocations governments and Nuclear Regulatory conference with respect to that Commission (NRC) licensees in the member’s independent service Notice is hereby given that the development of emergency public contracts. following ocean freight forwarder information materials. This revision Agreement No.: 203–011492 licenses have been revoked by the continues to provide such assistance, Title: TWRA/8900 Discussion Federal Maritime Commission pursuant and provides additional guidance on the Agreement to section 19 of the Shipping Act of development, review, and evaluation of Parties: 1984 (46 U.S.C. app. 1718) and the emergency broadcast messages for the American President Lines, Ltd. regulations of the Commission public. Our intent is to help responsible Transpacific Westbound Rate pertaining to the licensing of ocean organizations to alert the public and to Agreement freight forwarders, 46 CFR 510. provide emergency instructions and Croatia Line License Number: 3599 information on the classification of an Hapag Lloyd AG Name: Fari International, Inc. emergency, the populations and areas The ‘‘8900’’ Lines Agreement Address: 8550 N.W. 66th Street, Miami, potentially affected, and the protective A.P. Moller-Maersk Line FL 33166 15932 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

Date Revoked: February 20, 1995 34th Street, Long Island City, NY 11101, Board of Governors of the Federal Reserve Reason: Failed to furnish a valid surety Officers: Thomas Lopresti, President, Joe System, March 22, 1995. bond. Caruvana, Vice President Jennifer J. Johnson, License Number: 2261 Dated: March 22, 1995. Deputy Secretary of the Board. Name: Chicago Cargo Corporation By the Federal Maritime Commission. [FR Doc. 95–7520 Filed 3–27–95; 8:45 am] Address: 9420 W. Foster Ave., Ste. L–1, Joseph C. Polking, BILLING CODE 6210±01±F Chicago, IL 60656 Secretary. Date Revoked: February 22, 1995 [FR Doc. 95–7530 Filed 3–27–95; 8:45 am] Reason: Failed to furnish a valid surety BILLING CODE 6730±01±M Professional Bancorp; Notice of bond. Application to Engage de novo in License Number: 3818 Permissible Nonbanking Activities Name: Jamar Shipping, Inc. Address: 16511 Hedgecroft, Ste. 208, FEDERAL RESERVE SYSTEM The company listed in this notice has filed an application under § 225.23(a)(1) Houston, TX 77060 Heartland Financial USA, Inc., et al.; Date Revoked: February 24, 1995 of the Board’s Regulation Y (12 CFR Formations of; Acquisitions by; and 225.23(a)(1)) for the Board’s approval Reason: Failed to furnish a valid surety Mergers of Bank Holding Companies bond. under section 4(c)(8) of the Bank Holding Company Act (12 U.S.C. License Number: 1305 The companies listed in this notice 1843(c)(8)) and § 225.21(a) of Regulation Name: W.A. Phelps & Co., Inc. have applied for the Board’s approval Y (12 CFR 225.21(a)) to commence or to Address: One World Trade Center, under section 3 of the Bank Holding engage de novo, either directly or #2109, New York, NY 10048 Company Act (12 U.S.C. 1842) and § through a subsidiary, in a nonbanking Date Revoked: February 25, 1995 225.14 of the Board’s Regulation Y (12 activity that is listed in § 225.25 of Reason: Failed to furnish a valid surety CFR 225.14) to become a bank holding Regulation Y as closely related to bond. company or to acquire a bank or bank banking and permissible for bank holding company. The factors that are License Number: 3438 holding companies. Unless otherwise considered in acting on the applications Name: Virgilio A. Camota dba Jenken noted, such activities will be conducted are set forth in section 3(c) of the Act Freight Services throughout the United States. Address: World Trade Center, Ste. 219, (12 U.S.C. 1842(c)). The application is available for San Francisco, CA 94111 Each application is available for immediate inspection at the Federal Date Revoked: March 3, 1995 immediate inspection at the Federal Reason: Failed to furnish a valid surety Reserve Bank indicated. Once the Reserve Bank indicated. Once the bond. application has been accepted for application has been accepted for processing, it will also be available for Bryant L. VanBrakle, processing, it will also be available for inspection at the offices of the Board of inspection at the offices of the Board of Director, Bureau of Tariffs, Certification and Governors. Interested persons may Licensing. Governors. Interested persons may express their views in writing to the express their views in writing on the [FR Doc. 95–7531 Filed 3–27–95; 8:45 am] Reserve Bank or to the offices of the question whether consummation of the BILLING CODE 6730±01±M Board of Governors. Any comment on proposal can ‘‘reasonably be expected to an application that requests a hearing produce benefits to the public, such as must include a statement of why a greater convenience, increased Ocean Freight Forwarded License competition, or gains in efficiency, that Applicants written presentation would not suffice in lieu of a hearing, identifying outweigh possible adverse effects, such Notice is hereby given that the specifically any questions of fact that as undue concentration of resources, following applicants have filed with the are in dispute and summarizing the decreased or unfair competition, Federal Maritime Commission evidence that would be presented at a conflicts of interests, or unsound applications for licenses as ocean freight hearing. banking practices.’’ Any request for a forwarders pursuant to section 19 of the Unless otherwise noted, comments hearing on this question must be Shipping Act of 1984 (46 U.S.C. app. regarding each of these applications accompanied by a statement of the 1718 and 46 CFR 510). must be received not later than April 21, reasons a written presentation would Persons knowing of any reason why 1995. not suffice in lieu of a hearing, any of the following applicants should A. Federal Reserve Bank of Chicago identifying specifically any questions of not receive a license are requested to (James A. Bluemle, Vice President) 230 fact that are in dispute, summarizing the contact the Office of Freight Forwarders, South LaSalle Street, Chicago, Illinois evidence that would be presented at a Federal Maritime Commission, 60690: hearing, and indicating how the party Washington, DC 20573. 1. Heartland Financial USA, Inc., commenting would be aggrieved by approval of the proposal. Southern World International, Inc., 815 NW., Dubuque, Iowa; to acquire 100 percent 57th Ave., Suite 307, Miami, FL 33126, of the voting shares of Riverside Comments regarding the application Officers: Herbert T. Whitley, III, President, Community Bank, Rockford, Illinois. must be received at the Reserve Bank David H. Paulsen, Secretary B. Federal Reserve Bank of Kansas indicated or the offices of the Board of Penbroke Marine Services, Inc., 803 Castleton City (John E. Yorke, Senior Vice Governors not later than April 11, 1995. Ave., Staten Island, NY 10310, Officers: President) 925 Grand Avenue, Kansas A. Federal Reserve Bank of San Wayne R. Lindeman, President, Renate K. City, Missouri 64198: Francisco (Kenneth R. Binning, Lindeman, Director/Secretary 1. Community Financial Corporation, Director, Bank Holding Company) 101 B.W.S. Trade Coordinators, Inc., 115 Essex Market Street, San Francisco, California Road, Summit, NJ 07901, Officers; James O. Topeka, Kansas; to become a bank Bohnstedt, President, Angelo A. Borras, holding company by acquiring 100 94105: Vice President percent of the voting shares of 1. Professional Bancorp, Santa Sureway Air Traffic Corporation, d/b/a Community National Bank (in Monica, California; to engage de novo in Sureway International Logistics, 48–40 organization), Topeka, Kansas. making and servicing of loans, pursuant Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15933 to § 225.25(b)(1) of the Board’s DEPARTMENT OF HEALTH AND ACTION: Notice. Regulation Y. HUMAN SERVICES SUMMARY: The Food and Drug Board of Governors of the Federal Reserve Administration (FDA) is announcing the System, March 22, 1995. Centers for Disease Control and Prevention revocation of two compliance policy Jennifer J. Johnson, guides (CPG’s) because they are Deputy Secretary of the Board. Board of Scientific Counselors, outdated. This action is being taken to [FR Doc. 95–7521 Filed 3–27–95; 8:45 am] National Institute for Occupational ensure that FDA’s CPG’s are accurate BILLING CODE 6210±01±F Safety and Health; Meeting and current. In accordance with section 10(a)(2) of DATES: Effective March 28, 1995. the Federal Advisory Committee Act FOR FURTHER INFORMATION CONTACT: Otis Truman Arnold, et al.; Change in Judith A. Gushee, Center for Veterinary Bank Control Notices; Acquisitions of (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC), Medicine (HFV–236), Food and Drug Shares of Banks or Bank Holding Administration, 7500 Standish Place, Companies announces the following committee meeting. Rockville, MD 20855, 301–594–1785. SUPPLEMENTARY INFORMATION: FDA is The notificants listed below have Name: Board of Scientific Counselors, applied under the Change in Bank National Institute for Occupational Safety revoking the following CPG’s because Control Act (12 U.S.C. 1817(j)) and § and Health (BSC, NIOSH). they are outdated: 225.41 of the Board’s Regulation Y (12 Time and Date: 10 a.m.–5 p.m., April 12, (1) CPG 7126.06 ‘‘State Analysis of CFR 225.41) to acquire a bank or bank 1995. Animal Feed for Protein, Fat, and Fiber holding company. The factors that are Place: The Washington Court Hotel, Ash Content,’’ and Room, 525 New Jersey Avenue, NW, (2) CPG 7126.14 ‘‘Protein in Animal considered in acting on the notices are Washington, DC 20001 Feeds.’’ set forth in paragraph 7 of the Act (12 Status: Closed 10 a.m.–12 noon; Open 1 These CPG’s were intended to assist U.S.C. 1817(j)(7)). p.m.–5 p.m. the States in enforcing their Purpose: The Board reviews research The notices are available for requirements for guaranteed analysis immediate inspection at the Federal activities to provide guidance on the quality, timeliness, and efficacy of the Institute’s labeling claims when their regulatory Reserve Bank indicated. Once the programs. authority was insufficient. However, notices have been accepted for State regulatory authority is sufficient, Matters To Be Discussed: The agenda will processing, they will also be available and the States have not required use of for inspection at the offices of the Board include personnel and organizational issues relating to the reorganization of NIOSH. The these CPG’s for a number of years. of Governors. Interested persons may meeting will convene in closed session from Futhermore, if FDA regulatory action is express their views in writing to the 10 a.m. to 12 noon to discuss subject matter required, the agency has ample Reserve Bank indicated for that notice relating solely to the internal personnel rules authority. Therefore, FDA is revoking or to the offices of the Board of and practices of NIOSH. This portion of the CPG’s 7126.06 and 7126.14 because they Governors. Comments must be received meeting will be closed to the public in are outdated. not later than April 11, 1995. accordance with the provisions set forth in section 552b(c)(2), title 5 U.S.C., and the Dated: March 13, 1995. A. Federal Reserve Bank of Dallas Determination of the Associate Director for Gary Dykstra, (Genie D. Short, Vice President) 2200 Management and Operations, CDC, pursuant Acting Associate Commissioner for North Pearl Street, Dallas, Texas 75201- to Pub. L. 92–463. The open portion of the Regulatory Affairs. 2272: meeting will include a report from the [FR Doc. 95–7615 Filed 3–27–95; 8:45 am] 1. Otis Truman and Anita Ray Director of NIOSH, a toxicology report, an extramural report, and future activities of the BILLING CODE 4160±01±F Arnold, both of Texarkana, Texas; to Board. acquire a total of 49.1 percent of the Agenda items are subject to change as [Docket No. 94D±0356] voting shares of New Boston priorities dictate. Bancshares, Inc., New Boston, Texas, Protocol Development for Clinical and thereby indirectly acquire First Contact Person for More Information: Richard A. Lemen, Ph.D., Executive Effectiveness and Target Animal National Bank of New Boston, New Secretary, BSC, NIOSH, and Deputy Director, Safety Trials; Availability of Guideline Boston, Texas. NIOSH, CDC, 1600 Clifton Road NE., B. Federal Reserve Bank of San Mailstop D–35, Atlanta, Georgia 30333, AGENCY: Food and Drug Administration, Francisco (Kenneth R. Binning, telephone 404/639–3773. HHS. Director, Bank Holding Company) 101 Dated: March 22, 1995. ACTION: Notice. Market Street, San Francisco, California Jack Jackson, 94105: SUMMARY: The Food and Drug Associate Director for Management and Administration (FDA) is announcing the 1. James Lester Ryan, Orinda, Operations, Centers for Disease Control and Prevention (CDC). availability of the guideline entitled, California; to acquire an additional 2.32 ‘‘Protocol Development Guideline for [FR Doc. 95–7579 Filed 3–27–95; 8:45 am] percent, for a total of 10.65 percent, of Clinical Effectiveness and Target the voting shares of BWC Corp., Walnut BILLING CODE 4163±19±M Animal Safety Trials’’ prepared by the Creek, California, and thereby indirectly Center for Veterinary Medicine (CVM). acquire Bank of Walnut Creek, Walnut Food and Drug Administration This guideline describes a suggested Creek, California. systematic approach to be followed Board of Governors of the Federal Reserve [Docket No. 94D±0407] when designing and reporting System, March 22, 1995. effectiveness and target animal safety Jennifer J. Johnson, Miscellaneous Compliance Policy studies that are conducted to provide Deputy Secretary of the Board. Guides; Revocation data to support animal drug approvals. [FR Doc. 95–7519 Filed 3–27–95; 8:45 am] AGENCY: Food and Drug Administration, DATES: Written comments may be BILLING CODE 6210±01±F HHS. submitted at any time. 15934 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

ADDRESSES: Submit written requests for 6. Reduce the number of essential Industry and Consumer Exchange single copies of the guideline entitled, revisions of study protocols. Meeting Concerning FDA and APHIS ‘‘Protocol Development Guideline for The guideline offers a complete Activities on a Potential Agreement Clinical Effectiveness and Target outline of the components necessary for With the European Union Related to Animal Safety Trials’’ to the a well-designed study so that CVM and Human and Animal Drug and Communications and Education Branch industry have a common reference Biological Product Information; Notice (HFV–12), Center for Veterinary point. This uniform approach will of Public Meeting Medicine, Food and Drug facilitate the drafting of study reports by AGENCIES: Administration, 7500 Standish Pl., Food and Drug the sponsor and their subsequent review Administration, HHS. Rockville, MD 20855, 301–594–1755. by CVM. The contents of this guideline ACTION: Notice of public meeting. Send two self-addressed adhesive labels are neither all inclusive nor will all to assist that office in processing your items listed be applicable to all study SUMMARY: The Food and Drug requests. Submit written comments on protocols. It is the responsibility of the Administration (FDA) and Animal and the guideline to the Dockets sponsor to ensure that the essential Plant Health Inspection Service (APHIS) Management Branch (HFA–305), Food components of a study are included in are cosponsoring a public meeting with and Drug Administration, rm. 1–23, their protocol. Guidelines state all persons interested in a potential 12420 Parklawn Dr., Rockville, MD procedures or practices that may be agreement with the European Union 20857. Requests and comments should useful to the persons to whom they are that would facilitate the harmonization be identified with the docket number directed, but are not legal requirements. of good manufacturing practices found in brackets in the heading of this A person may follow the guideline or (GMP’s) and quality controls for human document. A copy of the guideline and may choose to follow alternate and animal drug and biological products received comments are available for procedures or practices. If a person and associated compliance and public examination in the Dockets chooses to use alternate procedures or enforcement activities, and provide for Management Branch between 9 a.m. and practices, that person may wish to the exchange and use of such 4 p.m., Monday through Friday. discuss the matter further with the information by the respective regulatory FOR FURTHER INFORMATION CONTACT: agency to prevent an expenditure of authorities. Such an agreement would Larry Ventura, Center for Veterinary money and effort on activities that may enhance the goals of harmonizing the Medicine (HFV–130), Food and Drug later be determined to be unacceptable monitoring and enforcement standards Administration, 7500 Standish Pl., to FDA. of the GMP’s and would facilitate Rockville, MD 20855, 301–594–1647. Guidelines are generally issued under international trade. SUPPLEMENTARY INFORMATION: FDA is §§ 10.85(a) and 10.90(b)(21 CFR 10.85(a) DATES: The industry and consumer announcing the availability of the and 10.90(b)). The agency is now in the exchange meeting will be held on guideline entitled, ‘‘Protocol process of revising §§ 10.85(a) and Friday, March 31, 1995, 9 a.m. to 12 m. Development Guideline for Clinical 10.90(b). Therefore, this guideline is not ADDRESSES: The industry and consumer Effectiveness and Target Animal Safety being issued under the authority of exchange meeting will be held at the Trials’’ prepared by CVM. The guideline §§ 10.85(a) and 10.90(b). A guideline Hubert H. Humphrey Bldg., Humphrey is intended to be used by clinical does not bind the agency, and it does Auditorium, 200 Independence Ave. investigators, study monitors, and not create or confer any rights, SW., Washington, DC. sponsors, when designing investigations privileges, or benefits for or on any FOR FURTHER INFORMATION CONTACT: of effectiveness and target animal safety person. When a guideline states a Walter M. Batts, Office of Health Affairs for animal drug approval and may be requirement imposed by statute or (HFY–50), Food and Drug used when submitting the final reports regulation, however, the requirement is Administration, 5600 Fishers Lane, of these trials. This guideline was law and its force and effect are not Rockville, MD 20857, 301–443–4480 written in response to a request by the changed in any way by virtue of its (Fax 301–443–0235). animal health industry for guidance on inclusion in the guideline. Those persons interested in attending facilitating protocol development and Interested persons may, at any time, this meeting should Fax their expediting CVM’s review of the submit written comments on the registration, including name, firm, or submitted protocols, and it should help guideline to the Dockets Management organization name, address, and sponsors to include all essential Branch (address above). FDA will telephone number to Nathaniel L. components of the study in the protocol. consider these comments in Geary, Office of External Affairs, Food More uniform reports should allow a determining whether further and Drug Administration (301–443– systematic, orderly review of the data by amendments to, or revisions of, the 5153) or telephone 301–443–6776. CVM. The goals of the protocol document are warranted. Two copies of There is no registration fee, but advance development guideline are to: any comments should be submitted, registration is requested. Additionally, if 1. Suggest a uniform system for except that individuals may submit one there are any individuals that wish to writing study protocols, copy, identified with the docket number make a presentation at this meeting, 2. Provide a reference of essential found in brackets in the heading of this advance notice is required. items that should be considered for document. The guideline and received SUPPLEMENTARY INFORMATION: The inclusion in a study protocol, comments may be seen in the Dockets purpose of the public meeting is to 3. Facilitate the development of Management Branch between 9 a.m. and provide information concerning FDA complete study protocol(s) by the 4 p.m., Monday through Friday, at the and APHIS activities with the European author(s), Dockets Management Branch. Union related to human and animal 4. Design more user friendly protocols drug and biological product GMP’s and for investigator(s), Dated: March 16, 1995. quality controls, as well as to provide an 5. Enable FDA reviewers to evaluate William B. Schultz, opportunity to hear and address study protocols more quickly and Deputy Commissioner for Policy. concerns from persons involved in these convey their comments in terms more [FR Doc. 95–7513 Filed 3–27–95; 8:45 am] industries and persons representing easily understood by the sponsor, and BILLING CODE 4160±01±F consumer and other interests. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15935

FDA and APHIS have been Food and Drug Administration, 7500 director of the division that is participating in bilateral Mutual Standish Pl., Rockville, MD 20855, 301– responsible for review of the IND. The Recognition Agreement talks. These 594–1046. order identifies the studies under the talks are being led by the Office of the SUPPLEMENTARY INFORMATION: FDA IND to which the hold applies and U.S. Trade Representative and the regulations at part 312 (21 CFR part 312) explains the basis for the action. The Department of Commerce and by provide procedures that govern the use hold order may be made by telephone representatives of the European Union. of investigational new drugs in human or other means of rapid communication, FDA and APHIS will meet with subjects. These regulations require that or in writing. Within 30 days of the representatives from the European the sponsor of a clinical investigation imposition of the clinical hold, the Union and its Member States from April submit an investigational new drug division director provides the sponsor 3 to April 5, 1995, in Brussels, Belgium application (IND) to FDA outlining the with a written explanation of the basis to exchange information on their proposed use of the investigational for the hold. Any sponsor who has not respective programs. During the drug. The IND must contain the study received a written explanation within Brussels meeting, U.S. industry will protocol, a summary of human and 30 days should notify the division and have the opportunity to present its animal experience with the drug, and request that it be issued. In addition to experience with U.S. and European information about the drug’s chemistry providing a statement of reasons, this GMP and quality control programs. and pharmacology. FDA reviews an IND ensures that the hold is recorded in Dated: March 24, 1995. to help ensure the safety and rights of CDER’s management information subjects and to help ensure that the system. William B. Schultz, The clinical hold order specifies quality of any scientific evaluation of Deputy Commissioner for Policy. whether the sponsor may resume the drugs is adequate to permit an [FR Doc. 95–7740 Filed 3–24–95; 3:14 pm] affected investigation without prior evaluation of the drug’s efficacy and BILLING CODE 4160±01±F notification by FDA once the deficiency safety. An investigational new drug for has been corrected. If the order does not which an IND is in effect is exempt from permit the resumption, an investigation the premarketing approval requirements Investigational New Drugs; Procedure may resume only after the division that are otherwise applicable and may to Monitor Clinical Hold Process; director or his or her designee has be shipped lawfully for the purpose of Meeting of Review Committee and notified the sponsor that the Request for Submissions conducting clinical investigations of investigation may proceed. Resumption that drug. may be authorized by telephone or other AGENCY: Food and Drug Administration, If FDA determines that a proposed or means of rapid communication. If all HHS. ongoing study may pose significant risks investigations covered by an IND remain ACTION: Notice. for human subjects or is otherwise on clinical hold for 1 year or longer, seriously deficient, as discussed in the SUMMARY: The Food and Drug FDA may place the IND on inactive investigational new drug regulations, it status. Administration (FDA) is announcing a may impose a clinical hold on the meeting of the clinical hold review FDA regulations at 21 CFR 312.48 study. The clinical hold is one of FDA’s provide dispute resolution mechanisms committee, which reviews the clinical primary mechanisms for protecting holds that the Center for Drug through which sponsors may request subjects who are involved in reconsideration of clinical hold orders. Evaluation and Research (CDER) has investigational new drug trials. A placed on certain investigational new The regulations encourage the sponsor clinical hold is an order that FDA issues to attempt to resolve disputes directly drug trials. The committee was to a sponsor to delay a proposed established as a 1-year experiment in with the review staff responsible for the investigation or to suspend an ongoing review of the IND. If necessary, a August 1991. The committee met investigation. The clinical hold may be quarterly through 1992 and currently sponsor may request a meeting with the placed on one or more of the review staff and management to discuss meets semiannually as a regular investigations covered by an IND. When program. The committee last met in the hold. a proposed study is placed on clinical Over the years, drug sponsors have October 1994. FDA is inviting any hold, subjects may not be given the expressed a number of concerns about interested drug company to use the investigational drug as part of that the clinical hold process, including confidential mechanism to submit to the study. When an ongoing study is placed concerns about the scientific and committee for its review the name and on clinical hold, no new subjects may procedural adequacy of some agency number of any investigational new drug be recruited to the study and placed on actions. FDA undertook several trial placed on clinical hold during the the investigational drug, and patients initiatives to evaluate the consistency past 12 months that the company wants already in the study should stop and fairness of the Center’s practices in the committee to review. receiving therapy involving the imposing clinical holds. First, CDER DATES: The meeting will be held in June investigational drug unless FDA completed a center-wide review of 1995. Drug companies may submit specifically permits it. clinical holds recorded in the review requests for the June meeting FDA regulations at 21 CFR 312.42 management information system. While before April 27, 1995. describe the grounds for the imposition some differences in practice and ADDRESSES: Submit clinical hold review of a clinical hold. When FDA concludes procedure were discerned among requests to Amanda B. Pedersen, FDA that there is a deficiency in a proposed divisions, it appeared that the Chief Mediator and Ombudsman, Office or ongoing clinical trial that may be procedures specified in the regulations of the Commissioner (HF–7), Food and grounds for the imposition of a hold were, in general, being followed, and Drug Administration, rm. 14–105, 5600 order, ordinarily FDA will attempt to that holds were scientifically Fishers Lane, Rockville, MD 20857, resolve the matter through informal supportable. 301–443–1306. discussions with the sponsor. If that Second, FDA established a committee FOR FURTHER INFORMATION CONTACT: attempt is unsuccessful, the agency may in CDER to review selected clinical Deborah A. Wolf, Center for Drug order a clinical hold. In CDER, a clinical holds for scientific and procedural Evaluation and Research (HFD–362), hold is ordered by or on behalf of the quality. The committee held pilot 15936 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices meetings in 1991 and 1992. The trial Dated: March 18, 1995. Dated: March 21, 1995. phase of the committee review process William B. Schultz, Susan K. Feldman, confirmed the agency’s view that the Deputy Commissioner for Policy. Committee Management Officer, NIH. divisions in CDER impose clinical holds [FR Doc. 95–7575 Filed 3–27–95; 8:45 am] [FR Doc. 95–7515 Filed 3–27–95; 8:45 am] in a matter that is generally consistent BILLING CODE 4140±01±M with FDA’s procedural requirements BILLING CODE 4160±01±F and that holds are imposed on scientifically supportable grounds. National Institutes of Health Public Health Service The clinical hold committee review process is now a regular, ongoing Division of Research Grants; Notice of National Institutes of Health; Statement program. The review procedure of the Closed Meetings of Organization, Functions, and committee is designed to afford an Delegations of Authority opportunity for a sponsor who does not Pursuant to Section 10(d) of the Part H, Chapter HN (National wish to seek formal reconsideration of a Federal Advisory Committee Act, as pending hold to have that hold Institutes of Health) of the Statement of amended (5 U.S.C. Appendix 2), notice Organization, Functions, and considered ‘‘anonymously.’’ The is hereby given of the following Division committee consists of senior managers Delegations of Authority for the of Research Grants Special Emphasis Department of Health and Human in CDER, a senior official from the Panel (SEP) meetings: Center for Biologics Evaluation and Services (40 FR 22859, May 27, 1975, as Research, and FDA’s Chief Mediator and Purpose/Agenda amended most recently at 59 FR 60997– 8, November 29, 1994) is amended to Ombudsman. The committee now meets To review individual grant applications. semiannually. The committee last met reflect the reorganization of the Office of Name of SEP: Behavioral and the Director, National Institute of in October 1994. Neurosciences. Clinical holds to be reviewed will be Allergy and Infectious Diseases (OD/ Date: April 12, 1995. NIAID). The reorganization consists of chosen randomly. In addition, the Time: 2 p.m. the following: (1) Retitle the (a) Office committee will review holds proposed Place: NIH, Westwood Building, Room for review by drug sponsors. In general, 303, Telephone Conference. of Administrative Management a drug sponsor should consider Contact Person: Dr. Joe Marwah, Scientific (HNM17) to the Office of Administrative requesting review when it disagrees Review Administrator, 5333 Westbard Ave., Services (HNM17); (b) Financial with the agency’s scientific or Room 303, Bethesda, MD 20892, (301) 594– Management and Information Systems procedural basis for the decision. 7158. Branch (HNM173) to the Office of Requests for committee review of a Name of SEP: Biological and Physiological Financial Management (HNMI2); and (c) clinical hold should be submitted to Sciences. Personnel Management Branch FDA’s Chief Mediator and Ombudsman, Date: April 18, 1995. (HNMI74) to the Office of Human who is responsible for selecting clinical Time: 12:30 p.m. Resources Management (HNM14); (2) holds for review. The committee and Place: NIH, Westwood Building, Room establish the Office of Technology CDER staff, with the exception of the 417B, Telephone Conference. Information Systems (HNM15); and (3) Chief Mediator and Ombudsman, are Contact Person: Dr. Gerald Greenhouse, transfer the functions of the Office of never advised, either in the review Scientific Review Admin., 5333 Westbard Tropical Medicine and International process or thereafter, which of the holds Ave., Room 417B, Bethesda, MD 20892, (301) Research (OTMIR) (HNM19) to the were randomly chosen and which were 594–7385. Division of Microbiology and Infectious submitted by sponsors. The committee Name of SEP: Multidisciplinary Sciences. Diseases (HNM5) and abolish the will evaluate the selected clinical holds Date: April 26, 1995. OTMIR. This reorganization will enable for scientific content and consistency Time: 10 a.m. the NIAID to better fulfill its mission by with agency regulations and CDER Place: NIH, Westwood Building, Room restructuring the OD/NIAID to better policy. 2A15, Telephone Conference. integrate related program areas and The meetings of the review committee Contact Person: Dr. Houston Baker, streamline operations. are closed to the public because Scientific Review Administrator, 5333 Section HN–B, Organization and committee discussions deal with Westbard Ave., Room 2A15, Bethesda, MD Functions is amended as follow: (1) confidential commercial information. 20892, (301) 594–7374. Under the heading Office of the Director Summaries of the committee The meetings will be closed in accordance (HNM1), National Institute of Allergy deliberations, excluding confidential with the provisions set forth in secs. and Infectious Diseases (HNM), insert commercial information, will be 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. the following: Applications and/or proposals and the available from the Chief Mediator and Office of Financial Management discussions could reveal confidential trade (HNM12). (1) Serves as principal advisor Ombudsman. If the status of a clinical secrets or commercial property such as to the Institute Director, Deputy Director hold changes following the committee’s patentable material and personal information review, the appropriate division will concerning individuals associated with the for Management and Operations, and notify the sponsor. applications and/or proposals, the disclosure Division Directors in the financial FDA invites drug companies to of which would constitute a clearly management aspects of the planning, submit to the FDA Chief Mediator and unwarranted invasion of personal privacy. formulation, execution, and evaluation Ombudsman the name and IND number This notice is being published less than 15 of the Institute’s research grant, training, of any investigational new drug trial days prior to the meeting due to the urgent and intramural research programs; (2) that was placed on clinical hold during need to meet timing limitations imposed by collaborates with program planning staff the past 12 months that they want the the grant review cycle. in the development and coordination of committee to review at its June meeting. (Catalog of Federal Domestic Assistance the Institute programs with the budget Submissions should be made by April Program Nos. 93.306, 93.333, 93.337, 93.393– process; (3) formulates and monitors the 27, 1995, to Amanda B. Pedersen, FDA 93.396, 93.837–93.844, 93.846–93.878, Institute’s financial management Chief Mediator and Ombudsman 83.892, 93.893, National Institutes of Health, program and establishes a system of (address above). HHS) effective control of funds utilized Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15937 through intramural research, grants, and other personnel functions; (5) makes organizations, provides all or selected contractual processes, including studies and recommendations to top functions noted above under the NIH provision of the full range of program Institute management for new or service center concept. fiscal control for the Institute’s redirected personnel efforts and (3) Under the heading Office of extramural grant and contract programs; policies; and (6) works closely with the Administrative Management (HNM17), (4) is responsible for: (a) providing Director, OHRM/NIH and staff in all delete the title and functional statement budget guidance to NIAID program aspects of personnel management. in their entirety and substitute the areas; (b) compiling and preparing the Office of Technology Information following: Institute budget and assuring that the Systems (HNM15). (1) Plans and Office of Administrative Services budget meets the needs of the Institute evaluates requirements for database (HNM17). (1) Exercises the management in controlling the financial management systems (DBMS); (2) responsibilities of the Executive Officer, NIAID; (2) directs, coordinates, and aspects of its diverse and complex supports the day-to-day operation of conducts administrative activities of the research programs in allergic and client/server database systems; (3) Institute by providing assistance in the infectious diseases; (5) is responsible for directs the integration of the NIAID areas of: (a) administrative management devising financial data systems for database systems into a cohesive, and services for the extramural, NIAID that are beneficial in obtaining unified environment; (4) coordinates the intramural, and OD organizations of the data for management decisions, and at database information systems to provide Institute; (b) management analysis the same time are sufficiently a secure, streamlined, and integrated services; (c) network services; and (d) compatible with the central NIH information repository; (5) directs the acquisition management services; (3) accounting system so that dual reporting development of DBMS systems from the advises the Director, Deputy Director for does not exist; (6) develops budget back- initial requirements analysis to the final Management and Operations, and up material for OMB and Congressional deployment of production systems and Division Directors on developments in appropriation hearings and assists in the project management of externally management and their implications and briefing of witnesses in defense of the developed systems; (6) interacts with effects on program management; (4) budget before NIH, PHS, DHHS, and the NIH DBMS technical community to develops policies on administrative Congress; (7) serves as a focal point for further the integration of NIAID systems the monitoring and clearance of management and prepares and issues with global NIH systems (ADB, MIS, budgetary and fiscal data as the result of procedures and guidelines for IMPACT); (7) provides oversight for the Congressional and public inquiries; (8) implementation of administrative migration of existing stand-alone provides fiscal data required in program policies and requirements; and (5) applications (EDS, PAF, PATS, PAM) evaluation and development, including coordinates the government ethics into an integrated, client/server developing, charting, and analyzing program of the Institute. platform; (8) provides basic personal historical information depicting Council (4) Under the heading Office of computer hardware and software and fiscal year activity; (9) prepares Tropical Medicine and International support services to the staff; (9) provides special reports for the OD/NIAID Research (HNM19), delete the title and in-depth guidance and supports Advisory Council and Subcommittees, functional statement in their entirety. and the NIH, DHHS, and OMB; (10) working with existing information technology personnel; (10) maintains or Dated: January 26, 1995. provides fact-finding, evaluation, and Harold Varmus, advisory staff services to the Division provides guidance for the maintenance Director, NIH. Directors; (11) maintains dollar control of the LAN/WAN infrastructure, over the international transactions for including the Local and Wide area [FR Doc. 95–7516 Filed 3–27–95; 8:45 am] the Institute; (12) designs, develops, and network cabling plant, backbone BILLING CODE 4140±01±M maintains the computer-based scientific connections, routers, protocol routing, and problem resolution; (11) maintains and fiscal data collection, storage, and Substance Abuse and Mental Health retrieval system for the Institute’s or consults on the support of file and Services Administration contracts, grants, intramural research print servers, e-mail, host access (Delpro), and backup services; (12) is projects, fellowships and training Meeting of the Substance Abuse awards; and (13) serves as an advisor to responsible for the design and implementation of new LAN/WAN Prevention Conference Review senior staff in the development of Committee appropriate criteria and formats for the infrastructures (including renovations production of reports based on the data. and upgrades to meet changes in Pursuant to Pub. L. 92–463, notice is (2) After the heading Office of technical industry standards; (13) hereby given of the meeting of the Communications (HNM13), insert the provides solution enhancements and Substance Abuse Prevention Conference following: extensions to existing systems; (14) Review Committee, in April 1995. Office of Human Resources extends the reach of in-house E-mail The meeting of the Committee will Management (HNM14). (1) Advises the systems to inter-operate with other E- include discussion of announcements Director, Deputy Director for mail systems; and maintains and reports of administrative, Management and Operations, and streamlined connectivity with other NIH legislative, and program developments. Division Directors and their staff on all systems; (15) is responsible for vision, The Committee will also be performing aspects of personnel management; (2) trial, and implementation of new review of applications for Federal evaluates Institute personnel programs; technologies (e.g.: video-conferencing; assistance; therefore, a portion of this (3) provides central personnel digital imaging; remote computing/ meeting will be closed to the public as management services for the NIAID; (4) telecommuting; document imaging and determined by the Administrator, provides leadership and planning for archiving; virtual reality technologies, SAMHSA, in accordance with 5 U.S.C. the NIAID on personnel policy cellular/wireless technologies (voice 552b(c)(6) and 5 U.S.C. app. 2 10(d). development, training, personnel and data); and Internet access to A summary of the meeting and roster planning, recruitment, employee multimedia information [Gopher, of committee members may be obtained development, salary administration, Mosaic] electronic scientific journals.); from: Ms. D. Herman, Committee equal employment opportunity, and and (16) as negotiated with other Management Liaison, Office of 15938 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

Extramural Activities Review, have been submitted to the Office of proposal; (6) an estimate of the total SAMHSA, Rockwall II Building, Suite Management and Budget (OMB) for number of hours needed to prepare the 630, 5600 Fishers Lane, Rockville, MD review, as required by the Paperwork information submission including 20857, Telephone: (301) 443–4783. Reduction Act. The Department is number of respondents, frequency of Substantive program information may soliciting public comment on the response, and hours of response; (7) be obtained from the contact whose subject proposals. whether the proposal is new or an name, room number, and telephone ADDRESSES: Interested persons are extension, reinstatement, or revision of number is listed below. invited to submit comment regarding an information collection requirement; Committee Name: Substance Abuse these proposals. Comments must be and (8) the names and telephone Prevention Conference Review Committee received within thirty (30) days from the numbers of an agency official familiar Meeting Date(s): April 10–13, 1995 date of this Notice. Comments should with the proposal and of the OMB Desk Place: Residence Inn—Bethesda, 7335 refer to the proposal by name and Officer for the Department. Wisconsin Avenue, Bethesda, Maryland should be sent to: Joseph F. Lackey, Jr., 20814 Authority: Section 3507 of the Paperwork Open: April 10, 1995, 8:30 a.m.–9:30 a.m. OMB Desk Officer, Office of Reduction Act, 44 U.S.C. 3507; Section 7(d) Closed: April 10, 1995, 9:30 a.m. to April 13, Management and Budget, New of the Department of Housing and Urban 1995, at adjournment Executive Office Building, Washington, Development Act, 42 U.S.C. 3535(d). Contact: Ferdinand W. Hui, Ph.D.; Rockwall DC 20503. Dated: March 17, 1995. II Building, Suite 630, Telephone: (301) FOR FURTHER INFORMATION CONTACT: David S. Cristy, 443–9912. Kay F. Weaver, Reports Management Acting Director, Information Resources Dated: March 22, 1995. Officer, Department of Housing and Management Policy and Management Jeri Lipov, Urban Development, 451 7th Street, Division. Committee Management Officer, Substance Southwest, Washington, DC 20410, Notices of Submission of Proposed Abuse and Mental Health Services telephone (202) 708–0050. This is not a Information Collection to OMB Administration. toll-free number. Copies of the proposed [FR Doc. 95–7573 Filed 3–27–95; 8:45 am] forms and other available documents Proposal: Schedule of Pooled Project Mortgage. BILLING CODE 4162±20±P submitted to OMB may be obtained from Ms. Weaver. Office: Government National SUPPLEMENTARY INFORMATION: The Mortgage Association. Description of the need for the DEPARTMENT OF HOUSING AND Department has submitted the proposals information and its proposed use: Form URBAN DEVELOPMENT for the collections of information, as described below, to OMB for review, as HUD–11721 provides a means of Office of Administration required by the Paperwork Reduction identifying specific project mortgages in Act (44 U.S.C. Chapter 35). the pool and assures that all required [Docket No. N±95±3908] The Notices list the following mortgage documents have been information: (1) The title of the delivered to a document custodian. This Notices of Submission of Proposed information is necessary to assure Information Collections to OMB information collection proposal; (2) the office of the agency to collect the GNNA’s interest in the pooled mortgage AGENCY: Office of Administration, HUD. information; (3) the description of the in event of a default. Form Number: HUD–11721. ACTION: Notice. need for the information and its proposed use; (4) the agency form Respondents: Businesses or Other SUMMARY: The proposed information number, if applicable; (5) what members For-Profit and the Federal Government. collection requirements described below of the public will be affected by the Reporting Burden:

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

HUD±11721 ...... 80 5 .1 40

Total Estimated Burden Hours: 40. Office: Government National information is necessary to assure Status: Extension with changes. Mortgage Association. GNNA’s interest in the pooled loans in Contact: Brenda Countee, HUD, (202) Description of the Need for the the event of a default and to provide 708–2234; Joseph F. Lackey, Jr., OMB, Information and Its Proposed Use: The information on interest rates, terms, and (202) 395–7316. information collected provides a means constraints for manufactured home loan pools. Dated: March 17, 1995. of identifying specific manufactured Form Number: HUD–11725 and Proposal: Schedule of Pooled Loans— home loans in the pool and assure that HUD–11739. Manufactured Home Loans; Issuer all the required loans and related Respondents: Businesses or Other Certification of Pool Composition- documents have been delivered to a For-Profit and the Federal Government. Manufactured Home Loans. document custodian. In addition this Reporting Burden:

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

HUD±11725 ...... 12 20 .25 60 HUD±11739 ...... 12 20 .25 60 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15939

Total Estimated Burden Hours: 120. Office: Lead-Based Paint Abatement The information collection will also be Status: Extension with changes. and Poisoning Prevention. used to provide Congress with status Contact: Brenda Countee, HUD, (202) Description of the Need for the reports as required by Title X of the 708–2234; Joseph F. Lackey, Jr., OMB, Information and Its Proposed Use: This Housing and Community Development (202) 395–7316. data collection is designed to provide Act of 1992. Dated: March 17, 1995. timely information to HUD regarding Form Number: None. Proposal: Lead-Based Paint Hazard the implementation progress of the Respondents: State, Local, or Tribal Control Grant Program Data Collection grantees on carrying out the Lead-Based Governments for Rounds Two and Three Granntees. Paint Hazard Control Grant Program. Reporting Burden:

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

Data Collection ...... 51 4 45 9,075

Total Estimated Burden Hours: 9,075. Proposal: 1995 Property Owners and addresses of owners/managers of rental Status: New. Managers Survey—Computer Assisted properties. These owners/managers will Telephone Interview (CATI). be interviewed in the 1995 Property Contact: Susan C. Judd, HUD, (202) Office: Policy Development and Owners and Managers Survey. 755–1822; Joseph F. Lackey, Jr., OMB, Research. Form Number: None. (202) 395–7316. Description of the Need for the Respondents: Businesses or Other Dated: March 17, 1995. Information and Its Proposed Use: The purpose of this pre-call survey is to For-Profit. verify and update the names and Reporting Burden:

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

Survey ...... 17,500 1 .08 1,458

Total Estimated Burden Hours: 1,458. PRT–800228 within 30 days of the date of this Status: New. Applicant: Smithkline Beecham publication. Contact: Duane McGough, HUD, (202) Pharmaceuticals, King of Prussia, PA. Documents and other information 708–1060; Joseph F. Lackey, Jr., OMB, submitted with these applications are (202) 395–7316. The applicant requests a permit to export and reimport nonliving museum/ available for review, subject to the Dated: March 17, 1995. herbarium plant specimens previously requirements of the Privacy Act and accessioned into the applicant’s Freedom of Information Act, by any [FR Doc. 95–7550 Filed 3–27–95; 8:45 am] party who submits a written request for BILLING CODE 4210±01±M collection for the purpose of scientific research. a copy of such documents to the following office within 30 days of the PRT–772163 date of publication of this notice: U.S. Applicant: Morris Animal Foundation, Fish and Wildlife Service, Office of DEPARTMENT OF THE INTERIOR Englewood, CO Management Authority, 4401 North Fish and Wildlife Service The applicant requests a permit to Fairfax Drive, Room 420(c), Arlington, import blood, serum, and tissue samples Virginia 22203. Phone: (703/358–2104); Notice of Receipt of Applications for collected from wild specimens of FAX: (703/358–2281). Permit Gorilla gorilla beringei in Rwanda for Dated: March 23, 1995. the purpose of scientific research to The following applicants have Caroline Anderson, enhance the survival of the species in applied for a permit to conduct certain Acting Chief, Branch of Permits, Office of the wild. activities with endangered species. This Management Authority. notice is provided pursuant to Section PRT–800371 [FR Doc. 95–7597 Filed 3–27–95; 8:45 am] 10(c) of the Endangered Species Act of Applicant: Mark O’Brien Productions, Inc., BILLING CODE 4310±55±P 1973, as amended (16 U.S.C. 1531, et Orlando, FL. seq.): The applicant requests a permit to National Park Service PRT–800265 export and reimport one captive-bred Applicant: Patrick Stanosheck, Cheyenne, male leopard (Panthera pardus) to and Intent To Issue a Prospectus for the WY from locations throughout the world for Operation of an Air Taxi Service Within The applicant requests a permit to the purpose of enhancement of the Channel Islands National Park import the sport-hunted trophy of one species through conservation education. male bontebok (Damaliscus dorcas Written data or comments should be Summary: The National Park Service dorcas) culled from the captive herd submitted to the Director, U.S. Fish and is seeking to award a concession permit maintained by F.W.M. Bowker, Wildlife Service, Office of Management for the operation of a Fixed Wing Air ‘‘Thornkoof’’, Grahmstown, Republic of Authority, 4401 North Fairfax Drive, Taxi Service from two local airports to South Africa, for the purpose of Room 420(c), Arlington, Virginia 22203 Santa Rosa Island in Channel Islands enhancement of survival of the species. and must be received by the Director National Park. 15940 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

Supplemental Information: The First National Bank of Douglas County, 300 Berlin Historic District, Roughly, along operation will provide the public with Wilcox St., Castle Rock, 95000440 Washington, E. Taunton and Haines Aves. and parts of S. White Horse Pike, Jackson an opportunity to fly to the second Las Animas County Rd. and Jefferson Ave., Berlin, 95000408 largest island within the park. Visitors Carnegie Public Library, 202 N. Animas St., arriving by the Air Taxi Service will be Trinidad, 95000438 Mercer County picked up at the airstrip and given a Rio Grande County Brearley, Charles, House, 73 N. Clinton Ave., guided tour of the island by National Trenton, 95000407 Park Service personnel. Carnegie Library, 120 Jefferson St., Monte Higbee Street School, 20 Bellevue Ave., To be placed on the mailing list to Vista, 95000439 Trenton, 95000409 receive this prospectus, send your name CONNECTICUT Monmouth County and address to: Superintendent, Channel Islands National Park, Middlesex County River Street School, 60 River St., Red Bank, Attention: Air Taxi, 1901 Spinnaker Fenwick Historic District, Roughly, along 95000410 Drive, Ventura, CA 93001, or call: (805) Agawam, Neponset and Pettipaug Aves., NEW YORK Town of Old Saybrook, Fenwick, 95000437 658–5717—Jack Fitzgerald. Orleans County Applicants will be accepted for Sixty Tolland County (60) days under the terms described in Medina Armory (Army National Guard Somersville Historic District, Roughly, along Armories in New York State MPS), 302 the Prospectus. The Sixty (60) day Main, Maple and School Sts., Pinney and Pearl St., Medina, 95000399 application period will begin with the Shaker Rd. and Quality Ave., Town of release of the Prospectus which is Somers, Somersville, 95000401 PUERTO RICO expected to occur shortly after the DISTRICT OF COLUMBIA Humacao Municipality publication of this notice. District of Columia State Equivalent Guzman Family Pantheon, Jct. of Padre Dated: February 27, 1995. Metropolitan Club, 1700 H St., NW., Rivera and Miguel Casillas Sts., Humacao, Stanley T. Albright, Washington, 95000441 95000436 Regional Director, Western Region. O Street Market, 1400 7th St., NW., Lopez de Pereyo, Palmira, House, Jct. of Font [FR Doc. 95–7533 Filed 3–27–95; 8:45 am] Washington, 95000442 Martelo and Minerva Sts., Humacao, 95000435 BILLING CODE 4310±70±M GEORGIA TENNESSEE Chattahoochee County Robertson County DEPARMENT OF THE INTERIOR Fort Benning Main Post Historic District, Jct. of I–85 and US 280/27, Fort Benning, Woodard Hall Farm (Boundary Increase) 95000454 (Historic Family Farms in Middle National Park Service Tennessee MPS), 5876 Owens Chapel Rd., INDIANA National Register of Historic Places; Springfield vicinity, 95000450 Notification of Pending Nominations Marion County Rutherford County Christian Park School No. 82 (Public School Nominations for the following Caff-E-Hill Farm, 3783 Cripple Creek Rd., Building in Indianapolis Built Before 1940 Readyville vicinity, 95000412 properties being considered for listing MPS), 4700 English Ave., Indianapolis, in the National Register were received 95000421 TEXAS by the National Park Service before KANSAS Potter County March 18, 1995. Pursuant to section 60.13 of 36 CFR Part 60 written Dickinson County Ranchotel, 2501 W. Sixth Ave., Amarillo, 95000411 comments concerning the significance Coulson, Emerson House, 813 N. Olive St., of these properties under the National Abilene, 95000444 UTAH Register criteria for evaluation may be Saline County Davis County forwarded to the National Register, Mount Barbara, 100 Mt. Barbara, Salina, Knowlton, George Quincy House, 93 E. 400 National Park Service, P.O. Box 37127, 95000445 North, Farmington, 95000416 Washington, D.C. 20013–7127. Written comments should be submitted by April MICHIGAN Garfield County 12, 1995. Benzie County Administration Building, Old (Bryce Canyon National Park MPS), Bryce Canyon Carol D. Shull, Frankfort Land Company House, 428 Chief of Registration, National Register. Leelanau St., Frankfort, 95000452 National Park, Bryce Canyon vicinity, 95000430 ALABAMA Kalamazoo County Bryce Canyon Historic District (Boundary Increase) (Bryce Canyon National Park Russell County South Street Historic District (Boundary Increase), Roughly, W. Lovell St. from MPS), Bryce Canyon National Park, Bryce Yuchi Town, Address Restricted, Fort Oakland Dr. to Pearl St. and Academy St. Canyon vicinity, 95000434 Benning, 95000453 E of Oakland, Kalamazoo, 95000447 Bryce Canyon National Park Scenic Trails ALASKA Stuart Area Historic District (Boundary Historic District (Bryce Canyon National Increase), Roughly along Ransom and Park MPS), Bryce Canyon National Park, Dillingham Borough—Census Area Willard Sts., Allen Blvd. and Eleanor St., Bryce Canyon vicinity, 95000422 Fishermen’s Co-op, 247 Main St., Dillingham, and 425—433 Douglas St. and 818 North Bryce Inn (Bryce Canyon National Park 95000400 St., Kalamazoo, 95000448 MPS), Bryce Canyon National Park, Bryce Canyon vicinity, 95000425 Juneau Borough—Census Area Ottawa County Horse Barn (Bryce Canyon National Park Chicken Ridge Historic District, Roughly, Ottawa Beach Historic District, Ottawa Beach MPS), Bryce Canyon National Park, Bryce along Seventh St., Goldbelt Ave., Dixon St. Rd., Park Township, Ottawa Beach, Canyon vicinity, 95000433 and Basin Rd., Juneau, 95000420 95000451 Loop C Comfort Station (Bryce Canyon National Park MPS), N. Campground, COLORADO NEW JERSEY Bryce Canyon National Park, Bryce Canyon Douglas County Camden County vicinity, 95000428 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15941

Loop D Comfort Station (Bryce Canyon Morey—Andrews House, 704 Westowne Authority: The institution of this National Park MPS), N. Campground, Ave., Waukesha, 95000405 investigation is being rescinded under Bryce Canyon National Park, Bryce Canyon Morey—Lewis House, 1312 Pleasant View authority of the Tariff Act of 1930, title VII. vicinity, 95000429 Ave., Waukesha, 95000402 Issued: March 22, 1995. Morey—Markham House, 1017 Westowne National Park Service Housing, Old, Historic By order of the Commission. District (Bryce Canyon National Park MPS), Ave., Waukesha, 95000403 Donna R. Koehnke, Bryce Canyon National Park, Bryce Canyon Morey—Seidens House, 2020 Easy St., vicinity, 95000424 Waukesha, 95000404 Secretary. Rainbow Point Comfort Station and Overlook [FR Doc. 95–7566 Filed 3–27–95; 8:45 am] [FR Doc. 95–7569 Filed 3–27–95; 8:45 am] Shelter (Bryce Canyon National Park MPS), BILLING CODE 4310±70±M BILLING CODE 7020±02±P Bryce Canyon National Park, Bryce Canyon vicinity, 95000427 Riggs Spring Fire Trail (Bryce Canyon National Park MPS), Bryce Canyon INTERNATIONAL TRADE COMMISSION NATIONAL ARCHIVES AND RECORDS National Park, Bryce Canyon vicinity, ADMINISTRATION 95000431 [Investigation No. 731±TA±711 (Final)] Tropic Ditch (Bryce Canyon National Park Temporary Closing of Reference MPS), Bryce Canyon National Park, Bryce Oil Country Tubular Goods (OCTG) Service on Certain Textual Records Canyon vicinity, 95000432 From Argentina Under-the-Rim-Trail (Bryce Canyon National AGENCY: National Archives and Records Park MPS), Bryce Canyon National Park, AGENCY: United States International Administration (NARA). Bryce Canyon vicinity, 95000423 Trade Commission. ACTION: Notice of closure and reopening Utah Parks Company Service Station (Bryce ACTION: Rescission of institution of final Canyon National Park MPS), Bryce Canyon investigation. of reference services for certain textual National Park, Bryce Canyon vicinity, records holdings in the National 95000426 SUMMARY: On March 8, 1995, the Archives related to the move to the Salt Lake County Commission received a letter from the National Archives at College Park U.S. Department of Commerce (Archives II) and the relocation of some Hest Jordan Hard Meetinghouse, 1140 W. records to the National Archives 7800 South, West Jordan, 95000415 (Commerce) stating that it had amended its preliminary determination on OCTG Building. Wasatch County from Argentina to correct for a Crook, Heber and Matilda, House and Lake ministerial error. Pursuant to this SUMMARY: This notice provides Creek Schoolhouse, 4800 E. Lake Creek, correction, Commerce has made a information about the period of time Rd., Heber City, 95000414 preliminary determination that OCTG that reference service on certain textual records holdings of the National Washington County from Argentina are not being sold at less than fair value within the meaning of Archives will be unavailable due to the Hurricane—LaVerkin Bridge, E. o UT 9 over move of those holdings from their the Virgin R., Hurricane, 95000413 the Tariff Act of 1930. Accordingly, the Commission rescinds its institution of a current locations in the National WEST VIRGINIA final investigation of OCTG from Archives Building in Washington, DC, and the Washington National Records Barbour County Argentina. However, because of the Commission’s ongoing investigations on Center in Suitland, Maryland, to new Adaland, Co. Rd. 77/5 WV 76 at Fox Grape locations in either the new Archives II Run, Berryberg vicinity, 95000419 OCTG from Austria, Italy, Japan, and Korea, and because imports of OCTG facility in College Park, Maryland, or the Berkeley County from Argentina remain subject to National Archives Building in Opequon Golf Club, Golf Club Rd. E of investigation at Commerce, the Washington, DC. Additional notices will Opequon Cr., Martinsburg, 95000417 Commission will continue its be published by NARA relating to the move of other holdings to Archives II. Jefferson County investigative activities, pending a final determination by Commerce. During the periods shown for the Jefferson County Alms House, WV Secondary EFFECTIVE DATE: March 8, 1995. record groups listed on the schedule at 15 SE of Leetown, Leetown vicinity, the end of this notice, the National FOR FURTHER INFORMATION CONTACT: 95000418 Archives will be unable to provide Douglas Corkran (202–205–3177), Office WISCONSIN records for research, or process requests of Investigations, U.S. International for reproductions (fee orders) or Dodge County Trade Commission, 500 E Street SW., requests for information from these Washington, DC 20436. Hearing- Main Street Historic District, Roughly, 103 N. records. Requests received during the Main St.—126 S. Main St. and Bridge St. impaired individuals are advised that periods of suspended service will be from Main to School St., Mayville, information on this matter can be returned for resubmission after the date 95000443 obtained by contacting the indicated for reopening the records for Commission’s TDD terminal on 202– La Crosse County reference service. Changes in the overall 205–1810. Persons with mobility Callahan, John L. House, 933 Rose St.. La move schedule may require changes in impairments who will need special Crosse, 95000406 these dates. assistance in gaining access to the For schedule updates and information Milwaukee County Commission should contact the Office on the new location of the records, call Brewers Hill Historic District (Boundary of the Secretary at 202–205–2000. the User Services Division at (202) 501– Increase) (Brewer’s Hill MRA), Roughly, Information can also be obtained by 5400. Brown and Lloyd Sts. and Garfield and calling the Office of Investigations’ North Aves, from 2nd St. to Hubbard St., remote bulletin board system for Dated: March 20, 1995. Milwaukee, 95000449 personal computers at 202–205–1895 Trudy Huskamp Peterson, Waukesha County (N,8,1). Acting Archivist of the United States. 15942 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

RECORD GROUPS CLOSING JULY±DECEMBER 1995

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Air Force ...... 342 U.S. Air Force Commands, Activities, and Organizations ... 05/16/95 07/18/95 American Indian Related Records ...... 217 Accounting Officers of the Department of the Treasury ...... 06/26/95 08/30/95 Defense and Related Activities ...... 333 International Military Agencies ...... 05/08/95 07/06/95 Defense and Related Activities ...... 334 Interservice Agencies ...... 05/15/95 08/01/95 Defense and Related Activities ...... 349 Joint Commands ...... 06/12/95 08/11/95 Defense and Related Activities ...... 361 Defense Logistics Agency ...... 06/19/95 08/15/95 Defense and Related Activities ...... 373 Defense Intelligence Agency ...... 06/30/95 08/29/95 Defense and Related Activities ...... 371 Defense Information Systems Agency ...... 07/03/95 08/23/95 Defense and Related Activities ...... 374 Defense Nuclear Agency ...... 07/03/95 08/21/95 Defense and Related Activities ...... 457 National Security Agency/Central Security Service ...... 07/31/95 09/27/95 Defense and Related Activities ...... 518 U.S. Central Command ...... 08/15/95 10/03/95 Donated Materials ...... 200 National Archives Gift Collection ...... 10/06/95 11/09/95 Donated Materials ...... 274 National Archives Collection of Records of Inaugural Com- 10/18/95 11/22/95 mittees. Donated Materials ...... 401 National Archives Collection of Materials Relating to Polar 10/23/95 11/29/95 Regions. Donated Materials ...... 421 National Trust for Historic Preservation ...... 10/27/95 12/04/95 Genealogical Related Records ...... 015 Veterans Administration ...... 10/16/95 01/12/96 Genealogical Related Records ...... 029 Bureau of the Census ...... 10/24/95 02/02/96 Genealogical Related Records ...... 049 Bureau of Land Management ...... 11/07/95 06/19/96 Judicial Branch ...... 276 U.S. Courts of Appeals ...... 05/19/95 07/03/95 Judicial Branch ...... 482 Judicial Panel on Multidistrict Litigation ...... 06/05/95 07/12/95 Maritime ...... 026 U.S. Coast Guard ...... 12/04/95 01/31/96 Modern Army ...... 247 Office of the Chief of Chaplains ...... 05/01/95 06/09/95 Modern Army ...... 260 U.S. Occupation Headquarters, World War II ...... 05/08/95 07/10/95 Modern Army ...... 319 Army Staff ...... 06/12/95 10/05/95 Modern Army ...... 331 Allied Operational and Occupation Headquarters, World 09/18/95 12/01/95 War II. Modern Army ...... 332 U.S. Theaters of War, World War II ...... 10/31/95 12/13/95 Modern Army ...... 335 Office of the Secretary of the Army ...... 11/09/95 01/02/96 Modern Army ...... 336 Office of the Chief of Transportation ...... 11/29/95 01/12/96 Modern Army ...... 337 Headquarters Army Ground Forces ...... 12/11/95 01/25/96 Modern Army ...... 338 U.S. Army Commands ...... 12/18/95 04/11/96 Modern Navy ...... 019 Bureau of Ships ...... 07/31/95 12/21/95 Modern Navy ...... 024 Bureau of Naval Personnel ...... 10/20/95 01/25/96 Modern Navy ...... 037 Hydrographic Office ...... 11/20/95 02/02/96 Modern Navy ...... 038 Office of the Chief of Naval Operations ...... 11/17/95 02/27/96 Old Army ...... 018 Army Air Forces ...... 10/12/95 11/13/95 Old Army ...... 077 Office of the Chief of Engineers ...... 09/29/95 11/24/95 Old Army ...... 092 Office of the Quartermaster General ...... 10/26/95 12/20/95 Old Army ...... 111 Office of the Chief Signal Officer ...... 11/17/95 12/22/95 Old Army ...... 112 Office of the Surgeon General (Army) ...... 11/22/95 01/03/96 Old Army ...... 153 Office of the Judge Advocate General (Army) ...... 11/27/95 01/18/96 Old Army ...... 156 Office of the Chief of Ordnance ...... 12/11/95 02/09/96 State/Foreign Relations ...... 084 Foreign Service Posts ...... 04/04/95 09/22/95 State/Foreign Relations ...... 208 Office of War Information ...... 08/25/95 10/02/95 State/Foreign Relations ...... 229 Office of Inter-American Affairs ...... 09/01/95 10/04/95 State/Foreign Relations ...... 239 American Commission for the Protection and Salvage of 09/06/95 10/06/95 Artistic and Historic Monuments in War Areas. State/Foreign Relations ...... 256 American Commission to Negotiate Peace ...... 09/06/95 10/11/95 State/Foreign Relations ...... 261 Former Russian Agencies ...... 09/06/95 10/11/95 State/Foreign Relations ...... 268 Philippine War Damage Commission ...... 09/12/95 10/13/95 State/Foreign Relations ...... 278 Displaced Persons Commission ...... 09/12/95 10/13/95 State/Foreign Relations ...... 286 Agency for International Development ...... 09/15/95 10/17/95 State/Foreign Relations ...... 306 U.S. Information Agency ...... 09/18/95 10/19/95 State/Foreign Relations ...... 316 Japan-United States Friendship Commission ...... 09/25/95 10/03/95 State/Foreign Relations ...... 353 Interdepartmental and Intradepartmental Committees 09/26/95 10/03/95 (State Department). State/Foreign Relations ...... 383 Arms Control and Disarmament Agency ...... 10/03/95 11/02/95 State/Foreign Relations ...... 466 U.S. High Commissioner for Germany ...... 10/16/95 11/21/95 State/Foreign Relations ...... 469 U.S. Foreign Assistance Agencies, 1948±61 ...... 10/24/95 01/08/96 State/Foreign Relations ...... 490 Peace Corps ...... 12/04/95 01/10/96 Treasury/Revenue/Finance ...... 101 Office of the Comptroller of the Currency ...... 05/01/95 07/28/95 Treasury/Revenue/Finance ...... 104 U.S. Mint ...... 06/20/95 08/03/95 Treasury/Revenue/Finance ...... 180 Commodity Futures Trading Corporation ...... 06/30/95 08/09/95 Treasury/Revenue/Finance ...... 195 Federal Home Loan Bank Board ...... 06/30/95 08/11/95 Treasury/Revenue/Finance ...... 265 Office of Foreign Assets Control ...... 07/03/95 08/15/95 Treasury/Revenue/Finance ...... 266 Securities and Exchange Commission ...... 07/10/95 08/23/95 Treasury/Revenue/Finance ...... 275 Export-Import Bank of the United States ...... 07/17/95 08/25/95 Treasury/Revenue/Finance ...... 318 Bureau of Engraving and Printing ...... 07/19/95 08/29/95 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15943

RECORD GROUPS CLOSING JULY±DECEMBER 1995ÐContinued

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Treasury/Revenue/Finance ...... 365 Treasury Department Collection of Confederate Records .. 07/24/95 08/31/95 Treasury/Revenue/Finance ...... 366 Civil War Special Agencies of the Treasury Department .... 07/24/95 08/31/95

[FR Doc. 95–7514 Filed 3–27–95; 8:45 am] pursuant to 10 CFR part 50 on August proposed by SMUD, and (4) adequacy of BILLING CODE 7515±01±P 16, 1974. The license was amended on the staff safety evaluation. On November March 17, 1992, to remove the authority 30, 1993, the ASLB admitted only the of the licensee to operate the Rancho decommissioning funding issue for NUCLEAR REGULATORY Seco Nuclear Generating Station litigation. On December 15, 1993, the COMMISSION (Rancho Seco). The facility is located on licensee petitioned the Commission for the licensee site in Sacramento County, directed certification of the funding Atomic Safety and Licensing Board; California. issue. On March 1, 1994, (in CLI–94– Notice II 02), the Commission declined to review the ASLB determinations on the Before Administrative Judges: Peter B. On June 6, 1989, the voters of particular issues. On August 1, 1994, Bloch, Chair, Dr. James H. Carpenter, Thomas Sacramento approved a referendum D. Murphy. ECO reached a settlement with the indicating their desire that the licensee licensee and filed a notice of [Docket Nos. 50±424±OLA±3 50±425±OLA± not operate Rancho Seco. On June 7, withdrawal suggesting that the ASLB 3; Re: License Amendment (Transfer to 1989, the licensee shut down Rancho terminate the proceeding. A termination Southern Nuclear) ASLBP No. 96±671±01± Seco after approximately 15 years of order was issued by the ASLB on 0LA±3] operation. The licensee defueled the August 11, 1994. On September 2, 1994, March 22, 1995. reactor and reduced its staff. In a letter (in CLI–94–14), the Commission In the matter of Georgia Power Company, of May 20, 1991, the licensee requested concluded that sua sponte review of the et al.; (Vogtle Electric Generating Plant, Units approval of the proposed matter was unwarranted and authorized 1 and 2) decommissioning plan for Rancho Seco. the staff to issue a decommissioning Pursuant to 10 CFR § 2.752, we will The Decommissioning Plan was order. hold a public evidentiary hearing supplemented on April 15, August 6, beginning at 9 am on April 17, 1995, at and August 31, 1992; January 7, April 7, III the Hearing Room (T 3 B45), Two White and April 19, 1993; and March 23, April The NRC has reviewed the licensee Flint North, 11545 Rockville Pike, 28, July 26, and October 26, 1994. application with respect to the Rockville, Maryland. A Notice of Consideration of Issuance provisions of the Commission rules and The purpose of the hearing is to of an Order Authorizing regulations and has found that receive evidence concerning alleged Decommissioning a Facility and decommissioning as stated in the misrepresentations about diesel Opportunity for Hearing related to the Rancho Seco Decommissioning Plan generators at the Vogtle Nuclear Power requested action was published in the will be consistent with the regulations Plant. The first week of hearing may Federal Register on March 19, 1992 (57 in 10 CFR Ch. I, and will not be inimical include Saturday April 22. Thereafter, FR 9577). The Environmental and to the common defense and security or the hearing will recess until May 17. It Resources Conservation Organization to the health and safety of the public. will reconvene on that date at a place (ECO), in its letter of April 20, 1992, The bases for these findings are given in that is to be determined in light of the provided comments on the proposed the staff safety evaluation previously needs of the parties. action and requested a hearing. On May issued on June 16, 1993, and updated by 8, 1992, the Secretary of the For the Atomic Safety and Licensing the supplemental safety evaluation Board. Commission forwarded the request for issued concurrently with this Order. hearing to the Atomic Safety and Peter B. Bloch, The staff concluded that this Order Licensing Board (ASLB) for further Chair. should contain provisions which: (1) action. The ASLB issued an order which Specify the method by which changes [FR Doc. 95–7562 Filed 3–27–95; 8:45 am] terminated the proceeding by denying may be made to the FSAR (now referred BILLING CODE 7590±01±M standing to ECO (LBP–92–23, dated to as the Defueled Safety Analysis August 20, 1992). On September 8, Report or DSAR) and to the [Docket No. 50±312] 1992, ECO appealed this ruling to the decommissioning plan; (2) require Commission pursuant to 10 CFR periodic updating of the FSAR/DSAR Sacramento Municipal Utility District, 2.714(a). In CLI–93–03, dated March 3, and decommissioning plan; and (3) (Rancho Seco Nuclear Generating 1993, the Commission remanded certain require the licensee to maintain its fire Station); Order Approving the issues raised by ECO to the ASLB for protection program in accordance with Decommissioning Plan and further consideration. On June 16, 1993, this Order. The staff has discussed these Authorizing Decommissioning of the staff issued its decommissioning additional provisions with the licensee Facility safety evaluation and associated and they were found to be mutually environmental assessment. As allowed acceptable. I by CLI–93–03, on July 12, 1993, ECO Sacramento Municipal Utility District submitted contentions to the ASLB on IV (SMUD, the licensee) is the holder of (1) adequacy of the NRC environmental Accordingly, pursuant to sections Facility Operating License No. DPR–54 assessment, (2) adequacy of the SMUD 103, 161b, 161i, and 161o, of the Atomic issued by the U.S. Nuclear Regulatory analysis of a postulated loss of offsite Energy Act of 1954 (as amended), 10 Commission (NRC, the Commission) power, (3) adequacy of the funding plan CFR 50.82, and the Commission Order 15944 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

(CLI–94–14) of September 2, 1994, the (3) the Environmental Assessment and For the Nuclear Regulatory Commission. Rancho Seco decommissioning plan is Finding of No Significant Impact of June Seymour H. Weiss, approved and decommissioning of the 16, 1993. These documents are available Project Director, Non-Power Reactors and Rancho Seco Nuclear Generating Station for public inspection at the Commission Decommissioning Project Directorate, is authorized subject to the following Public Document Room, the Gelman Division of Project Support, Office of Nuclear conditions: Building, 2120 L Street NW, Reactor Regulation. (A) The licensee shall update both the Washington, DC 20555, and at the [FR Doc. 95–7571 Filed 3–27–95; 8:45 am] decommissioning plan and the final Safety Martin Luther King Regional Library, BILLING CODE 7590±01±M Analysis Report (FSAR), currently entitled 7340 24th Street Bypass, Sacramento, ‘‘Defueled Safety Analysis Report’’ or DSAR California 95825. Copies of items (2) by the Rancho Seco licensee, in accordance and (3) may be obtained upon request [Docket No. 50±286] with the methodology specified in 10 CFR addressed to the U.S. Nuclear 50.71(e), except that the frequency of updates Power Authority of the State of New Regulatory Commission, Washington, shall be at least every 2 years. With respect York; Environmental Assessment and DC 20555, Attention: Director, Division to changes to the facility or procedures Finding of No Significant Impact described in the updated FSAR/DSAR or of Project Support. changes to the Decommissioning Plan, and Dated at Rockville, MD, this 20th day of The U.S. Nuclear Regulatory the conduct of tests and experiments not Commission (the Commission) is described in the FSAR/DSAR, the provisions March 1995. of 10 CFR 50.59 shall apply. For the Nuclear Regulatory Commission. considering issuance of an exemption from the requirements of 10 CFR Part (B) The licensee shall maintain a fire William T. Russell, protection program to address the potential 50, Appendix R, ‘‘Fire Protection for fires which could result in a nuclear Director Office of Nuclear Reactor Regulation. Program for Nuclear Power Facilities hazard, i.e., cause the release or loss of [FR Doc. 95–7572 Filed 3–27–95; 8:45 am] Operating Prior To January 1, 1979,’’ control of radioactive materials. The BILLING CODE 7590±01±M Section III.J, to the Power Authority of objectives of the fire protection program are the State of New York (the licensee) for to: (1) Reasonably prevent such fires from occurring; (2) rapidly detect, control, and the Indian Point Nuclear Generating extinguish those fires which do occur; and [Docket No. 50±206] Unit No. 3 (IP3), located at the licensee’s (3) ensure that the potential hazard due to site in Westchester County, New York. fire to the public, environment, and plant Southern California Edison Co., et al.; This exemption would be a personnel is small. The fire protection San Onofre Nuclear Generating modification of an exemption which has program shall be assessed by the licensee on Station, Unit No. 1 been previously issued on January 7, a regular basis and revised as appropriate 1987. throughout the various stages of facility decommissioning. The licensee may make Notice is hereby given that the United Environmental Assessment changes to the fire protection program States Nuclear Regulatory Commission without NRC approval if the changes do not (the Commission) is reviewing the Identification of Proposed Action reduce the effectiveness of fire protection proposed corporate restructuring of San Section III.J of 10 CFR Part 50, measures needed to prevent a nuclear hazard Diego Gas & Electric Company (SDG&E), Appendix R, requires that emergency at the Rancho Seco facility, taking into one of the co-owners of San Onofre account the decommissioning plant lighting units with at least an 8-hour conditions and activities. Nuclear Generating Station, Unit 1. By battery power supply shall be provided letter dated November 15, 1994, Richard in all areas needed for operation of safe Pursuant to 10 CFR 51.21, 51.30, and A. Meserve of Covington & Burling, 51.35, the Commission has prepared an shutdown equipment and in access and Counsel for SDG&E, informed the egress routes thereto. Environmental Assessment and Finding Commission that a corporate of No Significant Impact for the restructuring of SDG&E has been During a programmatic review of proposed action. Based on that proposed that will result in the creation Appendix R compliance strategy at assessment, the Commission has of a holding company under the Indian Point Nuclear Generating Unit determined that the proposed action temporary name SDO Parent Co., Inc. No. 3 (IP3), the licensee identified that will not result in any significant impact (‘‘Parent Company’’) of which SDG&E certain additional operator actions, on the quality of the human would become a subsidiary. Under the which had not been included in the environment and that an environmental restructuring, the holders of SDG&E previous Appendix R compliance impact statement needed not be common stock will become the holders strategy, are needed. These additional prepared. The Notice of Issuance of of common stock of the Parent Company operator actions are needed in the Environmental Assessment and Finding on a share-by-share basis. After the outside yard area at the condensate of No Significant Impact was published restructuring, SDG&E will continue to storage tank (RWST), and backup in the Federal Register on June 23, 1993 be a public utility providing the same service water pump platform. (58 FR 34065). Comments were received utility services as it did immediately from ECO and are addressed in the By letter dated January 7, 1987, the prior to the reorganization. SDG&E will supplemental safety evaluation issued NRC previously approved an exemption continue to be a licensee of the San concurrently with this Order. from the emergency lighting For further details with respect to this Onofre units, and no transfer of the requirements of Appendix R, Section action, see: (1) The application for operating licenses or interests in the III.J to allow the use of security lighting authorization to decommission the units will result from the restructuring. for access and egress to the Appendix R facility, of May 20, 1991, as Control of the operating licenses for the diesel generator which is also located in supplemented April 15, August 6, San Onofre units, now held by SDG&E the outside yard. The license has, August 31, 1992, January 7, April 7, and its co-owners, will remain with therefore, requested a modification to April 19, 1993, March 23, April 28, July SDG&E and the same owners and will the exemption which was previously 26, and October 26, 1994; (2) the related not be affected by the restructuring. issued by the NRC on January 7, 1987, Commission safety evaluations dated Dated at Rockville, MD, this 20th day of to extend the use of security lighting in June 16, 1993 and March 20, 1995; and March 1995. the outside yard to include the CST, Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15945

RWST, and backup service water that there are no significant Virginia Electric & Power Co.; North platform. nonradiological environmental impacts Anna Power Station, Unit No. 2; associated with the proposed action. Need for the Proposed Action Environmental Assessment and Finding of No Significant Impact The proposed exemption is needed to Alternatives to the Proposed Action permit the licensee to restart and The U.S. Nuclear Regulatory operate the plant without being in Since the Commission has concluded Commission (the Commission) is violation of the Commission’s there is no measurable environmental considering issuance of an exemption regulations and to obviate the need for impact associated with the proposed from Facility Operating License No. extensive modifications. Physical action, any alternatives with equal or NPF–7, issued to Virginia Electric and modification of the plant to achieve greater environmental impact need not Power Company (the licensee), for literal compliance with 10 CFR Part 50, be evaluated. As an alternative to the operation of the North Anna Power Appendix R, Section III.J, would require proposed action, the staff considered Station, Unit No. 2 (NA–2) located in installation of emergency lighting in an denial of the proposed action. Denial of Louisa County, Virginia. exposed outdoor environment which the application would result in no Environmental Assessment would require special protective change in current environmental enclosures and extensive maintenance impacts. The environmental impacts of Identification of the Proposed Action to maintain operability. Since security the proposed action and the alternative This Environmental Assessment has lighting which meets the requirements action are similar. been prepared to address potential of 10 CFR 73.55(c)(5) is already installed environmental issues related to the in these areas and since this security Alternative Use of Resources licensee’s application of March 2, 1995. lighting has already been acceptable to The proposed action would exempt the justify a similar exemption which was This action does not involve the use licensee from the requirements of 10 issued on January 7, 1987, application of any resources not previously CFR Part 50, Appendix J, Paragraph of the regulation in this particular considered in the ‘‘Final Environmental III.D.1.(a), to the extent that a one-time circumstance would not be necessary to Statement for the Indian Point Nuclear interval extension for the Type A test achieve the underlying purpose of the Generating Station Unit No. 3,’’ dated (containment integrated leak rate test) rule. The security lighting system February 1975. by approximately 16 months from the achieves the underlying purpose of the March 1995 refueling outage to the rule in that it provides adequate Agencies and Persons Consulted October 1996 refueling outage would be illumination to perform the above- granted. In addition, the proposed mentioned activities in the outside yard In accordance with its stated policy, action would exempt the licensee from for a period of at least 8 hours, has its the staff consulted with the State of New a portion of Section IV.A that requires own independent emergency generator York regarding the environmental a Type A test to be performed following power source, and is not impacted by impact of the proposed action. The State a major modification or replacement of fires in other areas of the plant for official had no comments. a component which is part of the which Appendix R fires need to be primary reactor containment boundary. considered. Finding of No Significant Impact Specifically, the post-modification Environmental Impacts of the Proposed exemption is requested from performing Action Based upon the environmental a Type A test due to the activities assessment, the Commission concludes associated with the upcoming NA–2 The proposed action is to modify the that the proposed action will not have steam generator replacement. exemption which was previously issued a significant effect on the quality of the The Need for the Proposed Action by the NRC on January 7, 1987, to human environment. Accordingly, the extend the use of security lighting in the Commission has determined not to The proposed action is needed to outside yard to include the CST, RWST, prepare an environmental impact permit the licensee to defer the Type A and backup service water platform. The statement for the proposed action. tests from the NA–2 March 1995 Commission has completed its refueling steam generator replacement evaluation of the proposed action and For further details with respect to the outage to the October 1996 refueling concludes that the probability or proposed action, see the licensee’s letter outage, thereby saving the cost of consequences of accidents will not dated March 15, 1995, which is performing the test and eliminating the increase, no changes are being made in available for public inspection at the test period from the critical path time of the types of any effluents that may be Commission’s Public Document Room, the outage. released offsite, and there is no The Gelman Building, 2120 L Street Environmental Impacts of the Proposed significant increase in the allowable NW., Washington, DC, and at the White Action individual or cumulative occupational Plains Public Library, 100 Martine radiation exposure. Accordingly, the Avenue, White Plains, New York. The Commission has completed its Commission concludes that there are no evaluation of the proposed action and significant radiological environmental Dated at Rockville, Maryland, this 23rd day concludes that the proposed one-time impacts associated with the proposed of March 1995. exemptions would not increase the action. For the Nuclear Regulatory Commission. probability or consequences of accidents With regard to potential previously analyzed and the proposed nonradiological impacts, the proposed Daniel G. McDonald, one-time exemptions would not affect action does involve features located facility radiation levels or facility Acting Director Project Directorate I–1 entirely within the restricted area as Division of Reactor Projects—I/II Office of radiological effluents. The licensee will defined in 10 CFR Part 20. It does not Nuclear Reactor Regulation. continue to be required to conduct the affect nonradiological plant effluents Type B and C local leak rate tests which and has no other environmental impact. [FR Doc. 95–7696 Filed 3–27–95; 8:45 am] historically have been shown to be the Accordingly, the Commission concludes BILLING CODE 7590±01±M principal means of detecting 15946 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices containment leakage paths with the proposed action, the NRC staff PROPOSED REVISIONSÐContinued Type A tests confirming the Type B and considered denial of the proposed C test results. The planned replacement action. of the NA–2 steam generators affects Denial of the application would result Form S±1 ...... File No. 270±58. in no change in current environmental Form S±2 ...... File No. 270±60. only the closed piping system inside Form S±3 ...... File No. 270±61. containment which includes the main impacts. Form S±11 ...... File No. 270±64. steam lines, the feedwater lines, and the Alternative Use of Resources Form SB±1 ...... File No. 270±374. secondary side of the steam generators. Form SB±2 ...... File No. 270±366. The affected area of the primary This action does not involve the use Form F±1 ...... File No. 270±249. containment boundary is also part of the of any resources not previously Form F±2 ...... File No. 270±250. pressure boundary of an ASME Class 2 considered in the Final Environmental Form F±3 ...... File No. 270±251. component/piping system and, as such, Statement for NA–2. Notice is hereby given pursuant to the the replacement of the NA–2 steam Agencies and Persons Consulted generators are subject to the repair and Paperwork Reduction Act of 1980 (44 replacement requirements of ASME In accordance with its stated policy, U.S.C. 3501 et seq.), that the Securities Section XI. The ASME Section XI the NRC staff consulted with the and Exchange Commission surface, volumetric, and system Virginia State official regarding the (‘‘Commission’’) has submitted pressure test requirements are more environmental impact of the proposed proposed rule revisions for OMB stringent than the Type A testing action. The State official had no approval. Forms S–1, S–2, S–3, S–11, requirements of Appendix J. The comments. SB–1, SB–2, F–1, F–2, and F–3 are used to register securities under the acceptance criteria for ASME Section XI Finding of No Significant Impact Securities Act of 1933 and Regulation C system pressure testing of welded joints Based upon the environmental is zero leakage and the test pressure for governs the filing of such forms. The assessment, the Commission concludes staff estimates that if the proposed the system pressure test will be in that the proposed action will not have excess of 20 times that of a type A test. amendments are adopted, a significant effect on the quality of the approximately 1,249 respondents would In addition, the steam generator human environment. Accordingly, the replacement activities do not affect the file Form S–1 annually at an estimated Commission has determined not to 1,257 burden hours per response with a containment structure or the prepare an environmental impact containment liner. The NRC staff total annual burden of 1,569,993 hours; statement for the proposed action. 344 respondents would file Form S–2 considers that these inspections provide For further details with respect to the an important added level of confidence annually at an estimated 487 burden proposed action, see the licensee’s letter hours per response with a total annual in the continued integrity of the dated March 2, 1995, which is available containment boundary. The NRC staff burden of 167,528 hours; 2,290 for public inspection at the respondents would file Form S–3 also notes that the containment is Commission’s Public Document Room, maintained at a subatmospheric annually at an estimated 413 burden Swem Library, College of William and hours per response with a total annual pressure which provides a means for Mary, Williamsburg, Virginia 23185, continuously monitoring potential burden of 945,770 hours; 345 and The Alderman Library, Special respondents would file Form S–11 containment leakage paths during Collections Department, University of power operation. The change will not annually at an estimated 859 burden Virginia, Charlottesville, Virginia hours per response with a total annual increase the probability or consequences 22903–2498. of accidents, no changes are being made burden of 296,355 hours; 260 in the types of any effluents that may be Dated at Rockville, Maryland, this 23rd day respondents would file Form SB–1 released offsite, and there is no of March 1995. annually at an estimated 725 burden significant increase in the allowable For the Nuclear Regulatory Commission. hours per response with a total annual individual or cumulative occupational David B. Matthews, burden of 188,500 hours; 269 radiation exposure. Accordingly, the Director Project Directorate II–2, Division of respondents would file Form SB–2 Commission concludes that there are no Reactor Projects—I/II, Office of Nuclear annually at an estimated 893 burden significant radiological environmental Reactor Regulation. hours per response with a total annual impacts associated with the proposed [FR Doc. 95–7695 Filed 3–27–95; 8:45 am] burden of 240,217 hours; 15 action. BILLING CODE 7590±01±M respondents would file Form F–1 With regard to potential annually at an estimated 1,885 burden nonradiological impacts, the proposed hours per response with a total annual action does involve features located SECURITIES AND EXCHANGE burden of 28,275 hours; 4 respondents entirely within the restricted area as COMMISSION would file Form F–2 annually at an defined in 10 CFR Part 20. It does not estimated 575 burden hours per affect nonradiological plant effluents Under Review by Office of response with a total annual burden of and has no other environmental impact. Management and Budget 2,300 hours; 6 respondents would file Form F–3 annually at an estimated 180 Accordingly, the Commission concludes Acting Agency Clearance Officer: burden hours per response with a total that there are no significant David T. Copenhafer, (202) 272–5407. environmental impacts associated with Upon written request copy available annual burden of 1,080 hours and the proposed action. from: Securities and Exchange Regulation C is assigned one burden hour for administrative convenience Alternatives to the Proposed Action Commission, Office of Filings and Information Services, Washington, D.C. because the regulation simply prescribes Since the Commission has concluded 20549. the disclosure that must appear in the there is no measurable environmental above referenced forms and other filings impact associated with the proposed PROPOSED REVISIONS under the federal securities laws. action, any alternatives with equal or General comments regarding the greater environmental impact need not estimated burden hours should be be evaluated. As an alternative to the Regulation C ...... File No. 270±68. directed to the Clearance Officer for the Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15947

Securities Exchange Commission at the I. Self-Regulatory Organizations’ pilot programs were most recently address below. Any comments Statement of the Terms of Substance of extended through May 17, 1995.4 concerning the accuracy of the the Proposed Rule Changes Each of the pilot programs allow the estimated average burden hours for The proposed rule changes filed by underlying hedged positions to include compliance with Commission rules and the Amex and PHLX request permanent securities that are readily convertible forms should be directed to David T. approval of the Exchanges’ pilot into common stock.5 Under all of the Copehafer, Acting Director, Securities program for exemptions from equity pilot programs, exercise limits continue and Exchange Commission, 450 Fifth option position limits for certain hedged to correspond to position limits, so that Street, N.W., Washington, D.C. 20549 positions.1 investors are allowed to exercise, during and Clearance Officer for the Securities/ The proposals filed by the CBOE, five consecutive business days, the Exchange Commission, Project Nos. NYSE, and the PSE request permanent number of option contracts set forth as 3235–0074; 3235–0065; 3235–0072; approval of the Exchanges’ pilot the position limit, as well as those 33235–0073; 3235–0067; 3235–0423; programs for position limit exemptions contracts purchased pursuant to the 3235–0418; 3235–0258; 3235–0257; and for certain hedged equity option pilot program.6 3235–0256, Office of Management and positions and certain stock index option The Exchanges believe that the Budget, Room 3208, New Executive positions. proposed rule changes are consistent Office Building, Washington, D.C. The text of the proposals are available with Section 6(b) of the Act, in general, 20503. at the Office of the Secretary of the and further the objectives of Section respective Exchanges and at the Dated: March 21, 1995. 6(b)(5), in particular, in that they are Commission. Margaret H. McFarland, designed to protect investors and the public interest and to remove Deputy Secretary. II. Self-Regulatory Organizations’ Statement of the Purpose of, and impediments and perfect the [FR Doc. 95–7532 Filed 3–27–95; 8:45 am] Statutory Basis for, the Proposed Rule mechanism of a free and open market. BILLING CODE 8010±01±M Changes (B) Self-Regulatory Organizations’ In its filing with the Commission, the Statement on Burden on Competition self-regulatory organizations included [Release No. 34±35523; File Nos. SR±Amex± statements concerning the purpose of The Exchanges do not believe that the 95±13; SR±CBOE±95±13, SR±NYSE±9504, and basis for the proposed rule changes proposed rule changes will impose any SR±PSE±95±05, and SR±PHLX±95±10] and discussed any comments it received burden on competition. Self-Regulatory Organizations; Notice on the proposed rule changes. The text (C) Self-Regulatory Organizations’ of Filing of Proposed Rule Changes by of these statements may be examined at Statements on Comments on the the American Stock Exchange, Inc., the the places specified in Item IV below. Proposed Rule Changes Received From Chicago Board Options Exchange, The self-regulatory organizations have Members, Participants or Others Inc., the New York Stock Exchange, prepared summaries, set forth in sections (A), (B), and (C) below, of the Written comments on the proposed Inc., the Pacific Stock Exchange, Inc., most significant aspects of such rule changes were neither solicited nor and the Philadelphia Stock Exchange, statements. received. Inc., Relating to Permanent Approval of the Hedge Exemption Pilot (A) Self-Regulatory Organizations’ 25811 (June 20, 1988), 53 FR 23821 (June 24, 1988) Programs Statement of the Purpose of, and (order approving PSE’s equity option hedge Statutory Basis for, the Proposed Rule exemption pilot program); and 32900 (September March 22, 1995 Changes 14, 1993), 58 FR 49077 (September 21, 1993) (order approving PSE’s stock index option hedge Pursuant to Section 19(b)(1) of the The Commission has previously exemption pilot program). Securities Exchange Act of 1934 approved pilot programs proposed by 4 See Securities Exchange Act Release Nos. 24986 (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is the Amex and the PHLX providing (November 18, 1994), 59 FR 60856 (November 28, 1994) (order approving File Nos. SR–Amex–94–49, hereby given that on February 1, 1995, exemptions from positions limits for SR–CBOE–94–41, SR–PSE–94–33, and SR–PHLX– the Chicago Board Options Exchange, certain fully hedged equity option 94–53); and 35194 (January 5, 1995), 60 FR 2800 Inc. (‘‘CBOE’’); on February 3, 1995, the positions.2 In addition, the Commission (January 11, 1995) (order approving File Nos. SR– Philadelphia Stock Exchange, Inc. has previously approved pilot programs NYSE–94–47). 5 Under the pilot, the Exchanges must determine (‘‘PHLX’’); on February 21, 1995, the proposed by the CBOE, the NYSE and on a case-by-case basis whether an instrument that Pacific Stock Exchange, Inc. (‘‘PSE’’); on the PSE providing exemptions from is being used as the basis for an underlying hedged February 28, 1995, the New York Stock position limits for certain fully hedged position is readily and immediately convertible into Exchange, Inc. (‘‘NYSE’’); and on March equity option positions and/or stock a security that is convertible at a future date, but 3 which is not presently convertible, is not a 14, 1995, the American Stock Exchange, index option positions. The Exchanges’ ‘‘convertible’’ security for purposes of the equity Inc. (‘‘Amex’’) (each individually option position limit hedge exemption until the referred to as an ‘‘Exchange’’ and two or 1 Position limits impose a ceiling on the aggregate date it becomes convertible. In addition, if the more collectively referred to as number of options contracts on the same side of the convertible security used to hedge an options market that can be held or written by an investor position is called for redemption by the issuer, the ‘‘Exchanges’’) filed with the Securities or group of investors acting in concert. security would have to be converted into the and Exchange Commission (‘‘SEC’’ or 2 See Securities Exchange Act Release No. 25738 underlying security immediately or the ‘‘Commission’’) the proposed rule (May 24, 1988), 53 FR 20201 (June 2, 1988). corresponding options position reduced changes as described in Items I, II, and 3 See Securities Exchange Act Release Nos. 25738 accordingly. See, e.g., Securities Exchange Act (May 24, 1988), 53 FR 20201 (June 2, 1988) (order Release No. 32904 (September 14, 1993), 58 FR III below, which Items have been approving CBOE’s equity option hedge exemption 49339 (September 2, 1993) (order approving File prepared by the self-regulatory pilot programs); 25739 (May 24, 1988), 53 FR 20204 No. SR–CBOE–91–43). organization. The Commission is (June 2, 1988) (approving CBOE’s stock index 6 Exercise limits prohibits the exercise by an publishing this notice to solicit option hedge exemption pilot program); 27786 investor or group of investors acting in concert of (March 8, 1990), 55 FR 9523 (March 14, 1990) more than the number of options contracts specified comments on the proposed rule changes (order approving NYSE’s equity option and stock in the position limit rule within five consecutive from interested persons. index option hedge exemption pilot programs); business days. 15948 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

III. Date of Effectiveness of the [Release No. 34±35519; File No. SR±CBOE± order and the matching order be Proposed Rule Changes and Timing for 95±07] disclosed to the trading crowd.2 Commission Action The Exchange now proposes to amend Self-Regulatory Organizations; Notice paragraph (e) to eliminate the Within 35 days of the date of of Filing of Proposed Rule Change by requirement that the terms of the publication of this notice in the Federal the Chicago Board Options Exchange, matching order be disclosed to the Register or within such longer period (i) Inc., Relating to Solicited Transactions trading crowd. Thus, a member will be as the Commission may designate up to March 21, 1995. able to trade options, the securities 90 days of such date if it finds such underlying such options, and any longer period to be appropriate and Pursuant to Section 19(b)(1) of the related instruments once the terms of Securities Exchange Act of 1934 publishes its reason for so finding or (ii) the original order have been disclosed. (‘‘Act’’),1 notice is hereby given that on as to which the self-regulatory Under the Exchange’s proposal, when February 14, 1995, the Chicago Board organizations consent, the Commission there has been advance solicitation of Options Exchange, Inc. (‘‘CBOE’’ or will: the other side of an original order, a ‘‘Exchange’’) filed with the Securities member (or associated person) with (a) By order approve such proposed and Exchange Commission knowledge of the original order and a rule changes, or (‘‘Commission’’) the proposed rule matching responsive order may not buy (b) Institute proceedings to determine change as described in Items I, II, and or sell the option or the underlying whether the proposed rule changes III below, which Items have been security until the terms of the original should be disapproved. prepared by the self-regulatory order are disclosed to the trading crowd; organization. The Commission is once those terms are disclosed, IV. Solicitation of Comments publishing this notice to solicit however, the member may trade even if comments on the proposed rule change the terms of the matching order are not Interested persons are invited to from interested persons. submit written data, views and disclosed. As explained below, this arguments concerning the foregoing. I. Self-Regulatory Organization’s modification would place solicited Persons making written submissions Statement of the Terms of Substance of parties on an equal footing with should file six copies thereof with the the Proposed Rule Change Exchange members who have knowledge of the terms of the original Secretary, Securities and Exchange The CBOE proposes to modify order only, and would conform the Commission, 450 Fifth Street, N.W., paragraph (e) of Rule 6.9 concerning trading restriction in paragraph (e) to Washington, D.C. 20549. Copies of the solicited transactions so as to eliminate the various priority provisions of Rule submission, all subsequent the requirement that the terms of the 6.9 and Interpretation .02 thereunder, amendments, all written statements matching order be disclosed to the which generally require disclosure only with respect to the proposed rule trading crowd. of the terms of an original order, not the changes that are filed with the terms of a matching solicited order. Commission, and all written II. Self-Regulatory Organization’s Statement of the Purpose of, and The Exchange believes that this communications relating to the Statutory Basis for, the Proposed Rule amendment is appropriate to achieve proposed rule changes between the Change the primary purpose of Rule 6.9, which Commission and any person, other than is to facilitate and regulate solicitation those that may be withheld from the In its filing with the Commission, the without imposing undue restrictions on public in accordance with the self regulatory organization included trading, particularly anticipatory hedge provisions of 5 U.S.C. 552, will be statements concerning the purpose of transactions. As currently structured, available for inspection and copying at and basis for the proposed rule change the trading restrictions in paragraph (e) the Commission’s Public Reference and discussed any comments it received impose a special and substantial burden Section, 450 Fifth Street, NW., on the proposed rule change. the test of on any solicited party who was Washington, D.C. these statements may be examined at indicated, in response to a solicitation, the places specified in Item IV below. an intention to place a matching Copies of such filing will also be The self-regulatory organization has responsive order. Under the present available for inspection and copying at prepared summaries, set forth in rule, such a solicited party may not the principal office of the above- Sections (A), (B), and (C) below, of the trade based on knowledge of the mentioned self-regulatory organizations. most significant aspects of such impending solicited transaction, even if All submissions should refer to the file statements. the original order has been fully number in the caption above and should disclosed to the crowd, until the (A) Self-Regulatory Organization’s be submitted by April 18, 1995. solicited order is also disclosed. Statement of the Purpose of, and For the Commission, by the Division of In contrast to this treatment of Statutory Basis for, the Proposed Rule solicited parties, paragraph (e) does not Market Regulation, pursuant to delegated Change authority.7 restrict trading by other CBOE members Margaret H. McFarland, Paragraph (e) of Rule 6.9 restricts the who know the terms of the disclosed order but who, if solicited, have not Deputy Secretary. ability of a member to trade options, indicated an intention to trade at the [FR Doc. 95–7576 Filed 3–27–95; 8:45 am] securities underlying such options, and related instruments while in possession original order’s limit and who are BILLING CODE 8010±01±M of knowledge of all the material terms otherwise unaware of any specific of an ‘‘original order’’ and a solicited matching solicited order. Such parties matching order unless either of two may trade under the current rule even conditions is met. One of the conditions is that all the terms of both the original 2 The other such condition is that the solicited order can no longer reasonably be considered imminent in view of the passage of time since the 7 17 CFR 200.30–3(a)(12) (1994). 1 15 U.S.C. 78s(b)(1) (1988). solicitation. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15949 if they believe that an execution of the organization consents, the Commission Marin, Mariposa, Mendocino, Modoc, original order is imminent based on will: Mono, Monterey, Napa, Nevada, Orange, market circumstances. (a) By order approve such proposed Placer, Plumas, Riverside, Sacramento, The Exchange has concluded that this rule change, or San Benito, San Bernardino, San Diego, disparity in treatment places undue (b) Institute proceedings to determine San Luis Obispo, Santa Barbara, Santa restrictions on solicited parties. Once an whether the proposed rule change Clara, Santa Cruz, Shasta, Sierra, original order is fully disclosed to the should be disapproved. Siskiyou, Solano, Sonoma, Stanislaus, trading crowd, those in the crowd have Sutter, Tehama, Trinity, Tulare, IV. Solicitation of Comments essentially the same market information Tuolumne, Ventura, Yola, and Yuba. as do solicited persons. Moreover, any Interested persons are invited to Applications for loans for physical solicited person who has privately submit written data, views and damages may be filed until the close of indicated an intention to place a arguments concerning the foregoing. business on May 11, 1995, and for loans responsive order, and anyone aware of Persons making written submissions for economic injury until the close of that intention, necessarily remains should file six copies thereof with the business on December 12, 1995, at the subject to the risks of the market and the Secretary, Securities and Exchange address listed below: auction process when entering a Commission, 450 Fifth Street NW., responsive order or affecting Washington, D.C. 20549. Copies of the U.S. Small Business Administration, anticipatory trades. In such submission, all subsequent Disaster Area 4 Office, P.O. Box circumstances, all Exchange members amendments, all written statements 13795, Sacramento, CA 95853–4795 should be able to effect trades on equal with respect to the proposed rule or other locally announced locations. In terms, and the proposal would achieve change that are filed with the addition, applications for economic that equality of treatment. Commission, and all written injury loans from small business located Accordingly, the Exchange has communications relating to the in the following contiguous counties concluded that paragraph (e) should be proposed rule change between the may be filed until the specified date at modified to require disclosure of the Commission and any person, other than the above location: Alameda, Alpine, terms of the original order only. The those that may be withheld from the Calaveras, Contra Costa, Del Norte, Exchange believes that this narrower public in accordance with the Merced, San Francisco, San Joaquin, disclosure requirement will provide the provisions of 5 U.S.C. 552, will be and San Mateo Counties in California; trading crowd with a fair and full available for inspection and copying in Clark, Douglas, Esmeralda, Mineral, opportunity to make informed trading the Commission’s Public Reference Nye, and Washoe Counties in Nevada; decisions without subjecting solicited Section, 450 Fifth Street NW., LaPaz, Mohave, and Yuma Counties in parties and the solicitation process to Washington, D.C. Copies of such filing Arizona; and Jackson, Josephine, overly burdensome restrictions. will also be available for inspection and Klamath, and Lake Counties in Oregon. The CBOE believes that its proposal is copying at the principal office of the The interest rates are: consistent with Section 6(b) of the Act above-mentioned self-regulatory in particular in that it is designed to organization. All submissions should Percent promote just and equitable principles of refer to File No. SR–CBOE–95–07 and trade and to protect investors and the should be submitted by April 18, 1995. For Physical Damage: public interest. Specifically, the CBOE For the Commission, by the Division of Homeowners with credit avail- believes that its proposal will enhance Market Regulation, pursuant to delegated able elsewhere ...... 8.000 the CBOE auction by restricting the authority.3 Homeowners without credit available elsewhere ...... 4.000 trading activities of all CBOE members Margaret H. McFarland, and associated persons equally. Businesses with credit available Deputy Secretary. elsewhere ...... 8.000 (B) Self-Regulatory Organization’s [FR Doc. 95–7577 Filed 3–27–95; 8:45 am] Businesses and non-profit orga- Statement on Burden on Competition BILLING CODE 8010±01±M nizations without credit avail- able elsewhere ...... 4.000 CBOE does not believe that the Others (including non-profit or- proposed rule change will impose any ganizations) with credit avail- burden on competition. SMALL BUSINESS ADMINISTRATION able elsewhere ...... 7.125 (C) Self-Regulatory Organization’s [Declaration of Disaster Loan Area #2766] For Economic Injury: Businesses and small agricul- Statement on Comments on the California; Declaration of Disaster tural cooperatives without Proposed Rule Change Received From credit available elsewhere ..... 4.000 Members, Participants, or Others Loan Area Written Comments on the proposed As a result of the President’s major The number assigned to this disaster rule change were neither solicited nor disaster declaration on March 12, 1995, for physical damage is 276606. For received. and amendments thereto on March 16 economic injury the numbers are and 17, I find that the following 849100 for California; 849200 for III. Date of Effectiveness of the counties in the State of California Proposed Rule Change and Timing for Nevada; 849300 for Arizona; and constitute a disaster area due to 849400 for Oregon. Commission Action damages resulting from severe winter Within 35 days of the date of storms causing flooding, landslides, and (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) publication of this notice in the Federal mud debris flows beginning on February Register or within such longer period (i) 13, 1995 and continuing: Amador, Dated: March 17, 1995. as the Commission may designate up to Butte, Colusa, El Dorado, Fresno, Glenn, James E. Rivera, 90 days of such date if it finds such Humboldt, Imperial, Inyo, Kern, Kings, Acting Associate Administrator for Disaster longer period to be appropriate and Lake, Lassen, Los Angeles, Madera, Assistance. publishes its reasons for so finding or [FR Doc. 95–7510 Filed 3–27–95; 8:45 am] (ii) as to which the self-regulatory 3 17 CFR 200.30–3(a)(12) (1994). BILLING CODE 8025±01±M 15950 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

DEPARTMENT OF TRANSPORTATION recommendations for use by B. Give a detailed conceptual crewmembers. presentation on the task to ARAC before Federal Aviation Administration A recommendation in the form of an proceeding with the task. advisory circular, or other advisory C. Give a status report on the task at Aviation Rulemaking Advisory material, will be submitted in a format each meeting of ARAC held to consider Committee, Air Carrier OperationsÐ prescribed by the FAA. The Air Carrier Operations issues. New Task recommendation should be fully The Secretary of Transportation has AGENCY: Federal Aviation justified, and the justification should be determined that the formation and use Administration (FAA), DOT. presented as part of the of ARAC are necessary in the public interest in connection with the ACTION: Notice of new task assignment recommendation. performance of duties imposed on the for the Aviation Rulemaking Advisory ARAC recommendations to the FAA FAA by law. Meetings of ARAC will be Committee. should be accompanied by appropriate documents. Recommendations for open to the public except as authorized SUMMARY: Notice is given of a new task rulemaking should be accompanied by a by section 10(d) of the Federal Advisory assigned to the Aviation Rulemaking complete draft of the notice(s) of Committee Act. Meetings of the Fatigue Advisory Committee (ARAC) and its proposed rulemaking, including the Countermeasures and Alertness decision to form the Fatigue benefit/cost analysis and other required Management Techniques Working Countermeasures and Alertness analyses. Recommendations for the Group will not be open to the public, Management Techniques Working issue of guidance material should be except to the extent that individuals Group to analyze and recommend to it accompanied by a complete advisory with an interest and expertise are solutions to issues contained in the circular. selected to participate. No public assigned tasks. This notice informs the announcement of working group public of the activities of ARAC. ARAC Activity meetings will be made. FOR FURTHER INFORMATION CONTACT: In order to carry out the functions of Issued in Washington, DC, on March Quentin Smith, Flight Standards the committee to develop advice and 22,1995. Service, Federal Aviation recommendations, ARAC may choose to Quentin Smith, Administration, 800 Independence establish working groups to which Assistant Executive Director, Aviation Ave., SW, Washington, DC 20591, specific tasks are assigned. Such Rulemaking Advisory Committee. Telephone: (202) 267–8166. working groups are comprised of [FR Doc. 95–7624 Filed 3–27–95; 8:45 am] experts from those organizations having SUPPLEMENTARY INFORMATION: BILLING CODE 4910±13±M an interest in certain tasks assigned to Background ARAC. This notice is intended to notify The Federal Aviation Administration the public that ARAC is establishing the Aviation Rulemaking Advisory (FAA) has established an Aviation Fatigue Countermeasures and Alertness Committee Meetings Management Working Group. Rulemaking Advisory Committee AGENCY: Federal Aviation (ARAC) (56 FR 2109, January 22, 1991; Working Group Formation Administration (FAA), DOT. and 58 FR 9230, February 19, 1993). ACTION: Notice of meeting. ARAC provides advice and Any individual who has expertise in the subject matter and wishes to become recommendations to the FAA SUMMARY: This notice announces a a member of the Fatigue Administrator, through the Associate meeting to solicit information from the Countermeasures and Alertness Administrator for Regulation and aviation maintenance community Management Techniques Working Certification, on the full range of the concerning maintenance, preventive Group should contact the person listed FAA’s rulemaking activities with maintenance, rebuilding and alteration, under the caption FOR FURTHER respect to aviation-related issues. One and inspection of certain aircraft. The INFORMATION CONTACT expressing that area ARAC deals with is Air Carrier information is requested to assist the desire, describing his or her interest in Operations issues. These issues involve Aviation Rulemaking Advisory the task, and the expertise he or she the operational requirements for air Committee (ARAC) in its deliberations. would bring to the working group. carriers, to include crewmember DATES: The meeting will be held on requirements, airplane operating Working group recommendations must be reviewed and approved by March 29, 1995, from 10:00 a.m. until performance and limitations, and 3:00 p.m. eequipment requirements. The new task ARAC. If ARAC accepts the working ADDRESSES: The meeting will be held at is related to these issues. group’s recommendations, it forwards them to the FAA as an ARAC the Worthington Hotel, 200 Main Street, Task recommendation. Fort Worth, Texas. FOR FURTHER INFORMATION CONTACT: The following new task is being Working Group Reports assigned to ARAC: Ms. Christine Leonard, Professional To develop an advisory circular that Each working group formed to Aviation Maintenance Association, 1008 ourlines fatigue countermeasures and consider an ARAC task(s) is expected to Russell Lane, West Chester, PA 19382; alertness management techniques that comply with the procedures adopted by telephone (610) 399–1744. could improve safety in air ARAC and given to the working group SUPPLEMENTARY INFORMATION: Pursuant transportation. This advisory circular chair. As part of the procedures, the to section 10(a)(2) of the Federal will discuss the current state of the working group is expected to: Advisory Committee Act (Pub. L. 92– knowledge associated with the A. Recommend a work plan for 463; 5 U.S.C. app. II), notice is hereby physiological mechanisms underlying completion of the task(s), including given of a meeting to solicit information fatigue; demonstrate how this rationale, for consideration at the from the aviation maintenance knowledge can be applied to improve meeting of ARAC to consider Air Carrier community concerning maintenance, flight crew rest, alertness, and Operations issues held following preventive maintenance, rebuilding and performance; and provide practical publication of this notice. alteration, and inspection of certain Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices 15951 aircraft. The information is requested to Issued in Anchorage, Alaska on March 6, approve or disapprove the application, assist the Aviation Rulemaking 1995. in whole or in part, no later than June Advisory Committee in its deliberations Jacqueline L. Smith, 29, 1995. with regard to a task assigned to ARAC Regional Administrator, Alaskan Region. The following is a brief overview of by the Federal Aviation Administration. [FR Doc. 95–7626 Filed 3–27–95; 8:45 am] the application: BILLING CODE 4910±13±M Level of the proposed PFC: $3.00 Specifically, the task is as follows: Proposed charge effective date: May 1, Review Title 14 Code of Federal 1995 Regulations, parts 43 and 91, and Notice of Intent to Rule on Application Proposed charge expiration date: supporting policy and guidance material to Use the Revenue From a Passenger October 31, 1995 for the purpose of determining the Facility Charge (PFC) at Medford- Total estimated PFC revenues: course of action to be taken for Jackson County Airport, Submitted by $52,000.00 rulemaking and/or policy relative to the Jackson County, Medford, OR Brief description of proposed project: issue of general aviation aircraft AGENCY: Federal Aviation Pave perimeter roadway inside AOA inspection and maintenance, Administration (FAA), DOT. and conduct pavement evaluation and specifically § 91.409, part 43, and ACTION: Notice of intent to rule on management program. Appendices A and D of part 43. In your application. Class or classes of air carriers which review, consider any inspection and the public agency has requested not be maintenance initiatives underway SUMMARY: The FAA proposes to rule and required to collect PFC’s: Submitted throughout the aviation industry invites public comment on the with application dated December 21, affecting general aviation with a application to use PFC revenue at 1992, and approved in Record of maximum certificated takeoff weight of Medford-Jackson County Airport under Decision dated April 21, 1993, as 12,500 pounds or less. Also consider the provisions of 49 U.S.C. 40117 and follows: Air Taxi/Commercial Operators Part 158 of the Federal Aviation ongoing initiatives in the areas of: when enplaning revenue passengers in Regulations (14 CFR 158). maintenance recordkeeping; research limited, irregular, special service air DATES: and development; the age of the current Comments must be received on taxi/commercial operations such as air or before April 27, 1995. aircraft fleet; harmonization; the true ambulance services, student instruction, ADDRESSES: Comments on this non-stop sightseeing flights that begin cost of inspection versus maintenance; application may be mailed or delivered and end at the airport and are and changes in technology. in triplicate to the FAA at the following concluded [conducted] within a 25-mile Attendance is open to the interested address: J. Wade Bryant, Manager; radius of the airport, and other similar public but may be limited to the space Seattle Airports District Office, SEA- limited, irregular, special service available. In addition, sign and oral ADO; Federal Aviation Administration; operations by such Air Taxi/ interpretation can be made available at 1601 Lind Avenue SW., Suite 250; Commercial Operators. the meeting, as well as an assistive Renton, WA 98055–4056. Any person may inspect the listening device. Arrangements may be In addition, one copy of any application in person at the FAA office made by contacting the meeting comments submitted to the FAA must listed above under FOR FURTHER coordinator listed under the heading be mailed or delivered to Mr. Bern E. INFORMATION CONTACT and at the FAA FOR FURTHER INFORMATION CONTACT. Case, Airport Director, at the following Regional Airports Office located at: address: Medford-Jackson County Federal Aviation Administration, Issued in Washington, DC, on March 22, Airport, 3650 Biddle Road, Medford, OR Northwest Mountain Region, Airports 1995. 97504. Division, ANM–600, 1601 Lind Avenue Frederick J. Leonelli, Air carriers and foreign air carriers SW., Suite 540; Renton, Washington Assistant Executive Director , Air Carrier/ may submit copies of written comments 98055–4056. General Aviation Maintenance Issues, previously provided to Medford-Jackson In addition, any person may, upon Aviation Rulemaking Advisory Committee. County Airport, under § 158.23 of Part request, inspect the application, notice [FR Doc. 95–7625 Filed 3–27–95; 8:45 am] 158. and other documents germane to the BILLING CODE 4910±13±M FOR FURTHER INFORMATION CONTACT: Mr. application in person at the Medford- Jerry Trujillo, (206) 227–2629; Seattle Jackson County Airport. Airports District Office, SEA-ADO; Issued in Renton, Washington on March Flight Service Station at Tanana, AK; Federal Aviation Administration; 1601 22, 1995. Lind Avenue SW., Suite 250; Renton, Notice of Change in Facility Operation David A. Field, Washington 98055–4056. The application may be reviewed in person Manager, Planning, Programming and Notice is hereby given that on or Capacity Branch, Northwest Mountain about March 31, 1995, the Flight Service at this same location. Region. Station at Tanana, Alaska, will be SUPPLEMENTARY INFORMATION: The FAA [FR Doc. 95–7617 Filed 3–27–95; 8:45 am] proposes to rule and invite public closed. Services to the general aviation BILLING CODE 4910±13±M public formerly provided by this facility comment on the application to use PFC will be provided by the Automated revenue at Medford-Jackson County Airport, under the provisions of 49 Flight Service Station at Fairbanks, UNITED STATES INFORMATION U.S.C. 40117 and Part 158 of the Federal Alaska. AGENCY Aviation Regulations (14 CFR Part 158). This information will be reflected in On March 22, 1995, the FAA the FAA Organization Statement the Culturally Significant Objects Imported determined that the application to use for Exhibition; Determination next time it is reissued. Sec. 313(a) of the revenue from a PFC submitted by the Federal Aviation Act of 1958, as Jackson County was substantially Notice is hereby given of the amended, 72 Stat. 752; 49 U.S.C. App. complete within the requirements of following determination: Pursuant to 1354(a). § 158.25 of Part 158. The FAA will the authority vested in me by the Act of 15952 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

October 19, 1965 (79 Stat. 985, 22 U.S.C. imported from abroad for the temporary February 25, 1996 and National 2459), Executive Order 12047 of March exhibition without profit within the Geographic Society, Washington, DC. 27, 1978 (43 FR 13359, March 29, 1978), United States, are of cultural from on or about April 3, 1996 through and Delegation Order No. 85-5 of June significance. These objects are imported July 7, 1996 is in the national interest. 27, 1985 (50 FR 27393, July 2, 1985), I pursuant to a loan agreement with the Public Notice of this determination is hereby determine that the objects to be foreign lenders. I also determine that the ordered to be published in the Federal included in the exhibit, ‘‘Mongolia: The temporary exhibition or display of the Register. 1 Legacy of Chinggis Khan’’ (See list ), listed exhibit objects at The Asian Art Dated: March 22, 1995. Museum, San Francisco, California from Les Jin, 1A copy of this list may be obtained by contacting on or about July 19, 1995 through Mr. Paul W. Manning, Assistant General Counsel, October 15, 1995 and Denver Art General Counsel. at 619-5997, and the address is Room 700, U.S. [FR Doc. 95-7565 Filed 3-27-95; 8:45 am] Information Agency, 301 Fourth Street, SW., Museum, Denver, Colorado from on or Washington, DC. 20547. about November 11, 1995 through BILLING CODE 8230-01-M 15953

Sunshine Act Meetings Federal Register Vol. 60, No. 59

Tuesday, March 28, 1995

This section of the FEDERAL REGISTER NUCLEAR REGULATORY COMMISSION Wednesday, April 19 contains notices of meetings published under DATE: Weeks of March 27, April 3, 10, 10:00 a.m. the ``Government in the Sunshine Act'' (Pub. Briefing on IPE Program and Severe L. 94-409) 5 U.S.C. 552b(e)(3). and 17, 1995. PLACE: Commissioners’ Conference Accident Research Program (Public Room, 11555 Rockville Pike, Rockville, Meeting) FEDERAL COMMUNICATIONS COMMISSION Maryland. 11:30 a.m. Affirmation/Discussion and Vote (Public STATUS: Public and Closed. FCC To Hold Open Commission Meeting) (if needed) Meeting, Thursday, March 30, 1995 MATTERED TO BE CONSIDERED: 2:00 p.m. Briefing on EEO Program (Public Meeting) The Federal Communications Week of March 27 Commission will hold an Open Meeting (Contact: Vandy Miller, 301–415–7380) Tuesday, March 28 on the subject listed below on Thursday, Friday, April 21 March 30, 1995, which is scheduled to 2:00 p.m. 10:00 a.m. commence at 9:30 a.m., in Room 856, at Briefing on Status of Reactor Regulatory Briefing on Commission Decision Tracking 1919 M Street, N.W., Washington, D.C. Reform Initiatives (Public Meeting) (Contact: Gene Imbro, 301–415–2969) System (CDTS) (Public Meeting) Item No., Bureau, and Subject Wednesday, March 29 (Contact: Samuel Chilk, 301–415–1875) 1—Common Carrier—Title: Price Cap 10:00 a.m. Note: Affirmation sessions are initially Performance Review for Local Exchange Briefing by National Academy of Sciences scheduled and announced to the public on a Carriers (CC Docket No. 94–1). Summary: on Status of Independent Review of time-reserved basis. Supplementary notice is The Commission will review the results of provided in accordance with the Sunshine the first four years of local exchange carrier Medical Use Program (Public Meeting) price cap regulation. (Contact: Pat Rathbun, 301–415–7178) Act as specific items are identified and added 2:00 p.m. to the meeting agenda. If there is no specific Additional information concerning Briefing on Lessons Learned from subject listed for affirmation, this means that this meeting may be obtained from Enhanced Participatory Rulemakings no item has as yet been identified as Audrey Spivack or Maureen Peratino, (Public Meeting) requiring any Commission vote on this date. Office of Public Affairs, telephone (Contact: Chip Cameron, 301–415–1642) number (202) 418–0500. 3:30 p.m. The schedule for Commission Affirmation/Discussion and Vote (Public meetings is subject to change on short Dated: March 23, 1995. Meeting) Federal Communications Commission. (Please Note: These items will be affirmed notice. To verify the status of meetings William F. Caton, immediately following the conclusion of call (Recording)—(301) 415–1292. the preceding meeting.) Acting Secretary. CONTACT PERSON FOR MORE INFORMATION: a. Final Rule to Eliminate Requirement for [FR Doc. 95–7694 Filed 3–24–95; 11:01 am] Prior Commission Approval for a William Hill (301) 415–1661. BILLING CODE 6712±01±M Specific ISFSI License at a Reactor Site This notice is distributed by mail to (10 CFR Part 72) (Tentative) several hundred subscribers; if you no b. Final Rule Revising 10 CFR Part 110, longer wish to receive it, or would like NATIONAL TRANSPORTATION SAFETY BOARD Import and Export of Radioactive Waste to be added to it, please contact the TIME AND PLACE: 9:30 a.m., Tuesday, (Tentative) April 4, 1995. (Contact: Andrew Bates, 301–415–1963) Office of the Secretary, Attn: Operations Branch, Washington, D.C. 20555 (301– PLACE: The Board Room, 5th Floor, 490 Week of April 3—Tentative 415–1963). L’Enfant Plaza, S.W., Washington, D.C. Wednesday, April 5 20594. In addition, distribution of this 10:00 a.m. meeting notice over the internet system STATUS: Open. Briefing on PRA Implementation Plan MATTERS TO BE CONSIDERED: (Public Meeting) will also become available in the near future. If you are interested in receiving 6413A—Aviation Accident Report: Flight (Contact: Edward Butcher, 301–415–3183) Into Terrain During Missed Approach, 11:30 a.m. this Commission meeting schedule USAir Flight 1016, Douglas DC–9, Affirmation/Discussion and Vote (Public electronically, please send an electronic Charlotte/Douglas International Airport, Meeting) message to [email protected] or [email protected]. Charlotte, North Carolina, July 2, 1994 *(Please Note: This item will be affirmed immediately following the conclusion of * * * * * NEWS MEDIA CONTACT: Telephone: (202) the preceding meeting.) Dated: March 24, 1995. 382–0660. a. Final Rule on ‘‘Clarification of William M. Hill, Jr., FOR MORE INFORMATION CONTACT: Bea Decommissioning Funding Assurance SECY Tracking Officer, Office of the Hardesty, (202) 382–6525. Requirements’’ (Tentative) Secretary. (Contact: Andrew Bates, 301–415–1963) Dated: March 24, 1995. [FR Doc. 95–7739 Filed 3–24–95; 2:45 pm] Bea Hardesty, Week of April 10—Tentative BILLING CODE 7590±01±M Federal Register Liaison Officer. There are no meetings scheduled for the [FR Doc. 95–7746 Filed 3–24–95; 3:33 pm] Week of April 10. BILLING CODE 7533±01±P Week of April 17—Tentative federal register March 28,1995 Tuesday Exempt ChemicalPreparations;FinalRule 21 CFRPart1308 Drug EnforcementAdministration Justice Department of Part II 15955 15956 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

DEPARTMENT OF JUSTICE adulterants or denaturants, so that, as Accordingly, the Deputy Assistant packaged, it does not present any Administrator certifies this action will Drug Enforcement Administration significant potential for abuse. This have no impact on the ability of small authority has been delegated to the businesses to compete and he therefore 21 CFR Part 1308 Deputy Assistant Administrator, Office determines that no regulatory flexibility [DEA No. 130P] of Diversion Control, Drug Enforcement analysis is required. Administration (DEA), 28 CFR 0.104. This action has been analyzed in Exempt Chemical Preparations The Deputy Assistant Administrator accordance with the principles and has received application pursuant to criteria contained in Executive Order AGENCY: Drug Enforcement § 1308.23 of Title 21 of the Code of Administration, Department of Justice. 12612, and it has been determined that Federal Regulations requesting approval this matter does not have sufficient ACTION: Interim rule and request for of exempt status provided for in 21 CFR federalism implications to require the comments. 1308.24. The Deputy Assistant preparation of a Federalism Assessment. Administrator hereby finds that each of SUMMARY: This interim rule amends the The Office of Management and Budget list of exempt chemical preparations set the following preparations and mixtures (OMB) has determined that listings of forth in § 1308.24(i) of Title 21 of the is intended for laboratory, industrial, exempt chemical preparation are Code of Federal Regulations. This action educational, or special research exempt from centralized review under is in response to DEA’s periodic review purposes, is not intended for general Executive Order 12866. of the exempt chemical preparation list administration to man or animal, and List of Subjects in 21 CFR Part 1308 and of new applications for exemptions either (a) contains no narcotic controlled substances and is packaged filed with DEA. Preparations included Administrative practice and in such a form or concentration that the in the list are exempted from the procedure, Drug traffic control, packaged quantity does not present any application of specific provisions of the Narcotics, Prescription drugs. significant potential for abuse, (b) Comprehensive Drug Abuse Prevention Under the authority vested in the and Control Act of 1970, and from contains either a narcotic or non- narcotic controlled substance and one or Attorney General by section 202(d) of certain Drug Enforcement the Act (21 U.S.C. 811 (g)(3)(B)) and Administration Regulations. more adulterating or denaturing agents in such a manner, combination, delegated to the Administrator of the EFFECTIVE DATE: March 28, 1995. quantity, proportion, or concentration Drug Enforcement Administration by Comments must be submitted on or that the preparation or mixture does not regulations of the Department of Justice before April 27, 1995. present any potential for abuse, or (c) (28 CFR Part 0.100), and redelegated to ADDRESSES: Comments and objections the formulation of such preparation or the Deputy Assistant Administrator, should be submitted to the Deputy mixture incorporates methods of Office of Diversion Control, Drug Assistant Administrator, Office of denaturing or other means so that the Enforcement Administration, the Diversion Control, Drug Enforcement controlled substance cannot in practice Deputy Assistant Administrator hereby Administration, Washington, DC 20537; be removed, and therefore the amends 21 CFR Part 1308 as set forth Attention: Federal Register preparation or mixture does not present below. Representative/CCR. any significant potential for abuse. The PART 1308ÐSCHEDULES OF FOR FURTHER INFORMATION CONTACT: Deputy Assistant Administrator further CONTROLLED SUBSTANCES Howard McClain, Jr., Chief, Drug & finds that exemption of the following Chemical Evaluation Section, Drug chemical preparations and mixtures is 1. The authority citation for 21 CFR Enforcement Administration, consistent with the public health and Part 1308 continues to read as follows: Washington, DC 20537, Telephone: safety as well as the needs of the (202) 307–7183. researchers, chemical analysts, and Authority: 21 U.S.C. 811, 812, 871(b) unless otherwise noted. SUPPLEMENTARY INFORMATION: The suppliers of these products. Controlled Substances Act (CSA) as The listing of products in 21 CFR 2. In § 1308.24(i), the table is amended by the Dangerous Drug 1308.24(i) may exempt persons who amended to read as follows: Diversion Control Act of 1984 handle them from application of authorizes the Attorney General in sections 302, 303, 305, 306, 307, 308, § 1308.24 Exempt chemical preparations. accordance with 21 U.S.C. 811(g)(3)(B) 309, 1002, 1003, and 1004 of the Act * * * * * to exempt from specific provisions of and § 1301.74 of the regulations. The (i) * * * the Act, a compound, mixture, or Deputy Assistant Administrator hereby Dated: March 17, 1995. preparation which contains any certifies that these matters will have no Howard McClain, Jr., controlled substance, which is not for significant impact upon small Acting Deputy Assistant Administrator; Office administration to a human being or businesses or other entities within the of Diversion Control, Drug Enforcement animal and which is packaged in such meaning and intent of the Regulatory Administration. form or concentration, or with Flexibility Act, 5 U.S.C. 601 et seq. BILLING CODE 95±7466±M

EXEMPT CHEMICAL PREPARATIONS

Supplier Product name Form Date

Aalto Scientific, LTD ...... Therapeutic Drug Monitoring Control Vial: 5ml ...... 04/09/91 Level I, II, III Freeze Dried. Abbott Laboratories ...... 125I Cholylglycyltyrosine Reagent Solu- Plastic Bottle: 20ml ...... 04/07/78 tion, No. 7816. Abbott Laboratories ...... ADx Benzoylecgonine Fluorescein Tracer Bottle:3.2 ml ...... 12/02/86 Solution. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15957

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Supplier Product name Form Date

Abbott Laboratories ...... ADx Cannabinoids Fluorescein Tracer Bottle:3.2ml ...... 12/02/86 Solution. Abbott Laboratories ...... ADx Cannabinoids Reagent Pack (No. Reagent Pack:50 tests ...... 12/02/86 9671-55). Abbott Laboratories ...... ADx Cocaine Metabolite Fluorescein Vial: 3.2ml, Kit: 100 vials ...... 04/18/89 Tracer Solution, No. 9670-T, No. 9670T0013. Abbott Laboratories ...... ADx Cocaine Metabolite Reagent Pack, 50 Test Unit ...... 04/18/89 No. 9670-55. Abbott Laboratories ...... ADx Opiates Fluorescein Tracer Solution, Vial: 3.2ml, Kit: 100 vials ...... 04/18/89 No. 9673-T, No. 9673T0013. Abbott Laboratories ...... ADx Opiates Reagent Pack, No. 9673-55 50 Test Unit ...... 04/18/89 Abbott Laboratories ...... ADx Propoxyphene Fluorescein Tracer Box: 100 bottles or less ...... 11/30/90 Solutions Item No. 9675T0011. Abbott Laboratories ...... ADx Propoxyphene Reagent Pack Item Kit: 50 test ...... 11/30/90 No.9675-55. Abbott Laboratories ...... Advisor (4 Track); Code 9A18-21 ...... Kit: 40 Discs ...... 03/25/94 Abbott Laboratories ...... Advisor Cannabinoids Bulk Tracer Flasks: 6L, 4L, 2L, 1L, 500ml, 250ml, 04/10/92 No.76224. 200ml, 100ml; Bottles: 950ml, 500ml, 100ml, 50ml, 5ml; Amp: 20ml, 10ml, 5ml, 2ml. Abbott Laboratories ...... Advisor Card & Cover No.07A15 ...... Box: 2000 Cards ...... 04/10/92 Abbott Laboratories ...... Advisor Card & Tracer No.07A14 ...... Box: 2000 Cards ...... 04/10/92 Abbott Laboratories ...... Advisor Card with Cover; Codeι 05B08 ... Box: 2000 Cards ...... 03/25/94 Abbott Laboratories ...... Advisor Card with Tracer; Codeι 05B07 .. Box: 2000 Cards ...... 03/25/94 Abbott Laboratories ...... Advisor Cocaine Bulk Tracer (in-process) Flasks: 6L, 4L, 2L, 1L, 500ml, 250ml, 06/08/92 No.77458A. 200ml, 100ml; Bottles: 950ml, 500ml, 100ml, 50ml, 5ml; Amp: 20ml, 10ml, 5ml, 2ml. Abbott Laboratories ...... Advisor Cocaine Bulk Tracer No.77458 ... Flasks: 6L, 4L, 2L, 1L, 500ml, 250ml, 04/10/92 200ml, 100ml; Bottles: 950ml, 500ml, 100ml, 50ml, 5ml; Amp: 20ml, 10ml, 5ml, 2ml. Abbott Laboratories ...... Advisor Controls, Codeι 6A63-10 ...... Kit: 2 Bottles ...... 01/25/94 Abbott Laboratories ...... Advisor Drug of Abuse Screening System Kit: 10 Discs ...... 04/10/92 No.6A60-10. Abbott Laboratories ...... Advisor Drug of Abuse Screening System Kit: 40 Discs ...... 04/10/92 No.6A60-21. Abbott Laboratories ...... Advisor Opiates Bulk Tracer (in-process) Flasks: 6L, 4L, 2L, 1L, 500ml, 250ml, 06/08/92 No.78692A. 200ml, 100ml; Bottles: 950ml, 500ml, 100ml, 50ml, 5ml; Amp: 20ml, 10ml, 5ml, 2ml. Abbott Laboratories ...... Advisor Opiates Bulk Tracer No.78692 .... Flasks: 6L, 4L, 2L, 1L, 500ml, 250ml, 04/10/92 200ml, 100ml; Bottles: 950ml, 500ml, 100ml, 50ml, 5ml; Amp: 20ml, 10ml, 5ml, 2ml. Abbott Laboratories ...... Advisor Positive Control, Bulk, Codeι Carboy: 50, 45, 20, 10L; Flask: 6, 4, 2, 01/25/94 82979. 1L; 500, 250, 200, 125, 100, 50ml; Bot- tle: 8, 4, 2, 1L; 500, 250, 125, 50, 30, 10, 5ml. Abbott Laboratories ...... Advisor Positive Control, Codeι 6A63P .... Bottle: 5ml ...... 01/25/94 Abbott Laboratories ...... Advisor Positive Control, In-Process, Box: 100 Bottles ...... 01/25/94 Codeι 6A63P001. Abbott Laboratories ...... Advisor Reaction Disc No.6A60B ...... Disc: 1 Card ...... 04/10/92 Abbott Laboratories ...... Advisor Reaction Discs (4 Track); Codeι Inner Carton: 20 Discs ...... 03/25/94 9A18. Abbott Laboratories ...... Advisor Reaction Discs No.6A60 ...... Carton: 20 Discs ...... 04/10/92 Abbott Laboratories ...... Amphetamine Bulk Calibrators, B-F ...... Carboy: 10L Flask: 6L, 2L, 1L, 250ml, 10/09/85 200ml. Abbott Laboratories ...... Amphetamine Bulk Controls, L and H ...... Flask: 2 liter ...... 12/09/85 Abbott Laboratories ...... Amphetamine Class Bulk Calibrator B-F .. 50L, 45L, 20L, 10L, 8L, 6L, 4L, 2L, 1L, 03/01/88 500ml, 250ml, 200ml, 125ml, 100ml, 50ml, 30ml, 20ml, 15ml, 10ml, 5ml, 2ml. Abbott Laboratories ...... Amphetamine Class Bulk Control L and H 50L, 45L, 20L, 10L, 8L, 6L, 4L, 2L, 1L, 03/01/88 500ml, 250ml, 200ml, 125ml, 100ml, 50ml, 30ml, 20ml, 15ml, 5ml.2ml. Abbott Laboratories ...... Amphetamine Class Bulk Tracer: No. 50L, 45L, 20L, 10L, 8L, 6L, 4L, 2L, 1L, 03/01/88 94699. 500ml, 250ml, 200ml, 125ml, 100ml, 50ml, 30ml, 20ml, 15ml, 10ml, 5ml, 2ml. Abbott Laboratories ...... Amphetamine Class QC Primary B-F, L, Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/22/88 M, H No. 9667 (B-F, L, M, H) QC. 250 ml, 200 ml, 100 ml Bottle: 5ml. 15958 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

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Supplier Product name Form Date

Abbott Laboratories ...... Amphetamine Class Stock Tracer: No. Bottle: 30 ml ...... 03/01/88 94700. Abbott Laboratories ...... Amphetamine Stock Standard No. 97072, Carboy: 20L, 10L Flask: 4L, 2L, 1L, 500 11/22/88 97072 A-B. ml, 250 ml, 200 ml, 100 ml Bottle: 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Amphetamine Stock Standard, No. 97072 Bottle: 125ml ...... 09/30/85 Abbott Laboratories ...... Amphetamine/Metamphetamine QC Pri- Flasks: 1 liter, 250 ml, and 200 ml ...... 11/10/87 mary Bulk Control M, No. 9668-M. Abbott Laboratories ...... Amphetamine/Methamphetamine (II) QC Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/22/88 Primary B-F, L, M, H No. 1A99 (B-F, L, 250 ml, 200 ml, 100 ml Bottle: 5ml. M, H) QC. Abbott Laboratories ...... Amphetamine/Methamphetamine II Bulk 50L, 45.5L, 20 L, 19L, 13.25L, 13L, 10 L, 08/26/88 Calibrators B-F Code No. 1A99 (B-F). 9.5L, 9L Carboy; 6 L, 4L, 2 L, 1 L, 250 ml, 200 ml Flask. Abbott Laboratories ...... Amphetamine/Methamphetamine II Bulk 50L, 45.5L, 20 L, 19L, 13.25L, 13L, 10 L, 08/26/88 Controls (L, M, H) Code No. 1A99 (L, 9.5L, 9L Carboy; 6 L, 4L, 2 L, 1 L, 250 M, H). ml, 200 ml Flask. Abbott Laboratories ...... Amphetamine/Methamphetamine II Bulk Carboy: 20L, 10L, Flask: 6L, 2L, 1L, 01/19/89 Controls, No. 1A99X, Y, Z. 250ml, 200ml. Abbott Laboratories ...... Amphetamine/Methamphetamine II Cali- 5 ml Vial ...... 08/26/88 brators B-F No. 1A99 B-F. Abbott Laboratories ...... Amphetamine/Methamphetamine II Cali- Kit: 6 Vials ...... 08/26/88 brators No. 1A99-01. Abbott Laboratories ...... Amphetamine/Methamphetamine II Con- Kit: 100 vials ...... 01/19/89 trol X, Y, Z; NO. 1A99-02, 03, 04. Abbott Laboratories ...... Amphetamine/Methamphetamine II Con- Vial: 5ml ...... 01/19/89 trol X, Y, Z; No. 1A99X, Y, Z. Abbott Laboratories ...... Amphetamine/Methamphetamine II Con- 5 ML Vial ...... 08/26/88 trols (L, M, H) No. 1A99-L, M, H. Abbott Laboratories ...... Amphetamine/Methamphetamine II Con- Kit: 3 Vials ...... 08/26/88 trols No. 1A99-10. Abbott Laboratories ...... Amphetamine/Methamphetamine II QC Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 Primary 2-6 QT, NG, CO, PS No. 1A99 250, 200, 100ml; Bottle: 950, 500, 100, 2-6 QT-QC & NG/CO/PS-QC. 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Amphetamine/Methamphetamine II QC Carboy: 20L, 10L; Flask: 6, 4, 2, 1L, 500, 10/25/91 Primary 8QT NO. 1A998QT-QC. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Amphetamine/Methamphetamine II bulk Carboy: 20L, 10L, 6L, 2L, 1L, 250ml, 07/14/89 Calibrator B, C, D, E, F; No. 01A99-B, 200ml. C, D, E, F. Abbott Laboratories ...... Amphetamine/Methamphetamine II bulk Carboy: 20L, 10L, Flask: 6L, 2L, 1L, 07/14/89 Control L, M, H, ; No. 01A99-L, M, H. 250ml, 200ml. Abbott Laboratories ...... Amphetamine/Methamphetamine QC Pri- Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/22/88 mary B-F, L, M, H No. 9668 (B-F, L, M, 250 ml, 200 ml, 100 ml Bottle: 5ml. H) QC. Abbott Laboratories ...... Amphetamine/Methamphetamine QC Pri- Bottle: 5 ml ...... 11/10/87 mary Standard Control M, No. 9668-M. Abbott Laboratories ...... AxSYM Cannabinoids Fluorescein Tracer; Bottles: 35, 20, 15ml; Box: 100 vials; 06/02/94 Code 3B28T0001. Tray: 200vials. Abbott Laboratories ...... AxSYM Cannabinoids Reagent Pack ...... Kit: 100 Tests ...... 07/27/94 Abbott Laboratories ...... AxSYM Cocaine Metabolite Fluorescein Bottles: 35, 20, 15ml; Box: 100 vials; 06/02/94 Tracer Solution; Code 3B24T0001. Tray: 200 vials. Abbott Laboratories ...... AxSYM Cocaine Metabolite Reagent Kit: 100 Tests ...... 07/27/94 Pack. Abbott Laboratories ...... AxSYM Opiates Fluorescein Tracer Solu- Bottles: 35, 20, 15ml; Box: 100 vials; 06/02/94 tion; Code 3B25T0001. Tray: 200 vials. Abbott Laboratories ...... AxSYM Opiates Reagent Pack ...... Kit: 100 Tests ...... 07/27/94 Abbott Laboratories ...... AxSYM Phenobarbital Calibrator B, codeι Vial: 5ml ...... 01/25/94 7A70-B. Abbott Laboratories ...... AxSYM Phenobarbital Calibrator C, Vial: 5ml ...... 01/25/94 Codeι 7A70-C. Abbott Laboratories ...... AxSYM Phenobarbital Calibrator D, Vial: 5ml ...... 01/25/94 Codeι 7A70-D. Abbott Laboratories ...... AxSYM Phenobarbital Calibrator E, Code Vial: 5ml ...... 01/25/94 7A70-E. Abbott Laboratories ...... AxSYM Phenobarbital Calibrator F, Code Vial: 5ml ...... 01/25/94 7A70-F. Abbott Laboratories ...... AxSYM Phenobarbital Calibrators (B-F), Kit: 6 Vials ...... 01/25/94 Codeι 7A70-01. Abbott Laboratories ...... AxSYM Phenobarbital Control H, Codeι Vial: 10ml ...... 01/25/94 7A70-H. Abbott Laboratories ...... AxSYM Phenobarbital Control M, 7A70-M Vial: 10ml ...... 01/25/94 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15959

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Abbott Laboratories ...... AxSYM Phenobarbital Controls (L, M, H), Kit: 3 Vials ...... 01/25/94 Codeι 7A70-L. Abbott Laboratories ...... Barbital Buffer, 0.06 M Reagent Solution Plastic Bottle: 2.5ml ...... 04/07/78 No. 7824. Abbott Laboratories ...... Barbiturate II U Control L, M, H; No. 9669 Bottle: 5 ml ...... 10/17/89 L, M, H-11. Abbott Laboratories ...... Barbiturates Bulk Calibrator B-F No. 9669 Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 07/01/88 B-F. 13L, 10L, 9.5L, 9L, 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Barbiturates Bulk Control L, H No. 9669 Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 07/01/88 L, H. 13L, 10L, 9.5, 9L, 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Barbiturates Bulk Controls, No. 9669X, Y, Carboy: 20L, 10L, Flask: 6L, 2L, 1L, 01/19/89 Z. 250ml, 200ml. Abbott Laboratories ...... Barbiturates Control X, Y, Z; No. 9669X, Vial: 5ml ...... 01/19/89 Y, Z. Abbott Laboratories ...... Barbiturates II QC Primary NG, CO, PS Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 No. 9669 NG/CO/PS-11-QC. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Barbiturates II U Bulk Calibrators B-F; Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 10/17/89 No. 9669 B-F-05. 13L, 10L, 9.5L, 9L, 6L, 4L, 2L, 1L, Flask: 250ml, 200ml. Abbott Laboratories ...... Barbiturates II U Bulk Controls L, M, H; Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 10/17/89 No. 9669 L, M, H - 11. 13L, 10L, 9.5L, 9L, 6L, 4L, 2L, 1L, Flask: 250ml, 200ml. Abbott Laboratories ...... Barbiturates II U Calibrators B-F; No. Bottle: 5 ml ...... 10/17/89 9669 B-F-05. Abbott Laboratories ...... Barbiturates II U Calibrators B-F; No. Kit: 6 vials ...... 10/17/89 9669-05. Abbott Laboratories ...... Barbiturates II U Controls L, M, H; No. Kit: 3 vials ...... 10/17/89 9661-11. Abbott Laboratories ...... Barbiturates II U QC Primary B-F; No. Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 10/17/89 9669 B-F-05 QC. 250ml, 200ml, 100ml, Bottle: 950ml, 500ml, 100ml, 5ml. bott Laboratories ...... Barbiturates II U QC Primary L, M, H; No. Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 10/17/89 9669 L, M, H-11 QC. 250ml, 200ml, 100ml, Bottle: 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Barbiturates QC Primary B-F, L, M, H No. Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/22/88 9669 (B-F, L, M, H) QC. 250 ml, 200 ml, 100 ml Bottle: 5 ml. Abbott Laboratories ...... Barbiturates QC Primary Bulk Control M, Flasks: 1 liter, 250 ml, and 200 ml ...... 11/10/87 No. 9669-M. Abbott Laboratories ...... Barbiturates QC Primary Standard Con- Bottle: 5 ml ...... 11/10/87 trol M, No. 9669-M. Abbott Laboratories ...... Barbiturates QC Primary X, No. 9669X- Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 06/05/89 QC. 250ml, 200ml, 100ml, Bottle: 5ml. Abbott Laboratories ...... Barbiturates Serum Bulk Calibrator B-F, Carboy, Flask, Bottle or Ampule: 50, 45, 01/03/89 No. 9679 B-F. 20, 10, 8, 6, 4, 2, 1-(L); 500, 250, 200, 125, 100, 50, 30, 20, 15, 10, 5, 2-(ml). Abbott Laboratories ...... Barbiturates Serum Bulk Control L, M, H; Carboy: 20L, 10L, Flask: 6L, 2L, 1L, 01/03/89 No. 9676 L, M, H. 250ml, 200ml. Abbott Laboratories ...... Barbiturates Serum Calibrators B-F, No. Kit: 6 vials ...... 01/03/89 9679-01. Abbott Laboratories ...... Barbiturates Serum Calibrators B/F, No. Bottle: 5ml ...... 01/03/89 9679 B/F. Abbott Laboratories ...... Barbiturates Serum Controls L, M, H; No. Bottle: 5ml ...... 01/03/89 9679 L, M, H. Abbott Laboratories ...... Barbiturates Serum Controls L, M, H; No. Kit: 3 vials ...... 01/03/89 9679-10. Abbott Laboratories ...... Barbiturates Serum QC Primary B-F, L, Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 01/03/89 M, H; No. 9679 (B-F, L, M, H)-QC. 250ml, 200ml, 100ml, Bottle: 5ml. Abbott Laboratories ...... Benzodiazepine Serum QC Primary B-F, Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/22/88 L, M, H No. 9682 (B-F, L, M, H)-QC. 250 ml, 200 ml, 100 ml Bottle: 5 ml. Abbott Laboratories ...... Benzodiazepines Bulk Calibrator No. Carboy: 50L, 45.5L, 20L, l9.5L, 19L, 07/18/88 9674 B-F. 13.25L, 13L, 10L, 9L, 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Benzodiazepines Bulk Control L, H No. Carboy: 50L, 45.5L, 20L, 19L, 13.25zl, 07/18/88 9674 L, H. 13L, 10L, 9.5, 9L, 6L, 4L, 2L, 1L, 250ml, 200ml,. Abbott Laboratories ...... Benzodiazepines QC Primary Bulk Con- Flasks: 1 liter, 250 ml, and 200 ml ...... 11/10/87 trol M, No. 9674-M. Abbott Laboratories ...... Benzodiazepines QC Primary Bulk Con- Flasks: 1 liter, 250 ml, and 200 ml ...... 11/10/87 trol M, No. 9674-M. 15960 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Abbott Laboratories ...... Benzodiazepines QC Primary NG, CO, Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 PS No. 9674NG/CO/PS-QC. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Benzodiazepines QC Primary, B-F, L, M, Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/22/88 H No. 9674 (B-F, L, M, H) QC. 250 ml, 200 ml, 100 ml Bottle: 5ml. Abbott Laboratories ...... Benzodiazepines Serum Bulk Calibrators Carboy: 10 liter; Flask: 6 liter, 2 liter ...... 12/07/87 B-F: Code No. 9682 B-F. Abbott Laboratories ...... Benzodiazepines Serum Bulk Calibrators: Carboy: 20 liters, 10 liters; Flask: 6 liters, 05/02/88 No. 9682 B-F. 2 liters, 1 liter. Abbott Laboratories ...... Benzodiazepines Serum Bulk Controls L, Carboy: 10 liter; Flask: 6 liter, 2 liter ...... 12/07/88 M, & H: Code No. 9682 L, M, & H. Abbott Laboratories ...... Benzodiazepines Serum Bulk Controls: Carboy: 20 liters, 10 liters; Flask: 6 liters, 05/02/88 No. 9682 L, M, H. 2 liters, 1 liter, 250 ml, 200 ml. Abbott Laboratories ...... Benzoylecgonine Stock Standard No. Carboy: 20L, 10L Flask: 4L, 2L, 1L, 500 11/23/88 97182, 97182 A-B. ml, 250 ml, 200 ml, 100 ml, Bottle: 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Benzoylecgonine Stock Standard, No. Bottle: 125ml ...... 11/21/85 97182. Abbott Laboratories ...... CG RIA Diagnostic Kit No. 7815 ...... Kit: 100 tests ...... 04/07/78 Abbott Laboratories ...... Cannabinoids - GS Bulk Controls, No. Carboy: 20L, 10L, Flask: 6L, 2L, 1L, 01/19/89 3897X, Y, Z. 250ml, 200ml. Abbott Laboratories ...... Cannabinoids - GS Control X, Y, Z; No. Kit: 100 vials ...... 01/19/89 3897 - 02, 03, 04. Abbott Laboratories ...... Cannabinoids - GS Control X, Y, Z; No. Vial: 5ml ...... 01/19/89 3897X, Y, Z. Abbott Laboratories ...... Cannabinoids Bulk Calibrators B-F, No. Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 10/24/86 9671 (B02-F02). 13L, 10L, 9.5L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Cannabinoids Bulk Controls L, M, H; No. Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 10/24/86 9671 (L11, M11H11). 13L, 10L, 9.5L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Cannabinoids Bulk Tracer (No. 94192) .... Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 10/27/86 13L, 10L, 9.5L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Cannabinoids Bulk Tracer; Code 3B28T .. Sizes: 50, 45, 20, 10, 8, 6, 4, 2, 1L; 500, 06/02/94 250, 200, 125, 100, 50, 35, 30, 20, 15, 10, 5ml; Ampules: 50, 20, 15, 10, 5, 2ml. Abbott Laboratories ...... Cannabinoids QC Primary 2-6 QT, NG, Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 CO, PS No. 9671-11 2-6 QT-QC & NG/ 250, 200, 100ml; Bottle: 950, 500, 100, CO/PS-QC. 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Cannabinoids QC Primary 8QT No. 9671- Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 10/25/91 11 8QT-QC. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Cannabinoids QC Primary NBS, B-F, L, Carboy: 10L, Flask: 4L, 2L, 500ml, 12/27/88 M, H; No. 9671-02[NBS, B-F]-QC; No. 250ml, 100ml, 200ml, Bottle: 5ml. 9671-11[L, M, H]-QC. Abbott Laboratories ...... Cannabinoids QC Primary NBS, B-F, L, Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 12/27/88 M, H; No. 9671 (NBS, B-F, L, M, H)- 250ml, 200ml, 100ml, Bottle: 5ml. QC. Abbott Laboratories ...... Cannabinoids Stock Standard (94568) ..... Bottle: 125 ml ...... 06/19/87 Abbott Laboratories ...... Cannabinoids Stock Standard (No. Bottle: 125 ml ...... 10/24/86 94193). Abbott Laboratories ...... Cannabinoids Stock Standard 10mcg/ml- Carboy: 20L, 10L, Flask: 4L, 2L, 1L, 12/27/89 No. 94568, 5mcg/ml-NO. 94568A, 500ml, 250ml, 200ml, 100ml, bottle: 1mcg/ml-No. 94568B. 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Cannabinoids Stock Standard; 10mcg/ml- Carboy: 20L, 10L, Flask: 4L, 2L, 1L, 12/27/88 No. 94193, 5mcg/ml-No. 94193A, 500ml, 250ml, 200ml, 100ml, bottle: 1mcg/ml-No. 94193B. 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Cannabinoids Stock Tracer (No. 94194) .. Flasks: 6L, 4L, 2L, 1L, 500ml, 250ml, 10/27/86 200ml, 100ml; Bottles: 950ml, 500ml, 100ml, 50ml, 30ml, 5ml; Amp: 20, 10, 5, 2ml. Abbott Laboratories ...... Cannabinoids-GS Bulk Calibrators B-F 20 L, 10 L Carboy; 6 L, 2 L, 1 L, 250 ml, 07/28/88 No. 3897 B-F. 200 ml Flask. Abbott Laboratories ...... Cannabinoids-GS Bulk Controls (L, M, H) 20 L, 10 L Carboy; 6 L, 2 L, 1 L, 250 ml, 07/28/88 Code No. 3897 (L, M, H). 200 ml Flask. Abbott Laboratories ...... Cannabinoids-GS Bulk Tracer Code No. 10 L Carboy; 6 L, 2 L Flask ...... 07/28/88 95826. Abbott Laboratories ...... Cannabinoids-GS Calibrators B-F No. 5 ml Vial ...... 07/28/88 3897 B-F. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15961

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Abbott Laboratories ...... Cannabinoids-GS Calibrators No. 3897- Kit: 6 Vials ...... 07/28/88 01. Abbott Laboratories ...... Cannabinoids-GS Controls (L, M, H) No. 5 ml Vial ...... 07/28/88 3897-L, M, H. Abbott Laboratories ...... Cannabinoids-GS Controls No. 3897-10 .. Kit: 3 Vials ...... 07/28/88 Abbott Laboratories ...... Cannabinoids-GS QC Primary NBS, B-F, Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 12/27/88 L, M, H; No. 3897 (NBS, B-F, L, M, H)- 250ml, 200ml, 100ml, Bottle: 5ml. QC. Abbott Laboratories ...... Cannabinoids-GS Reagent Pack 100 Test Kit: 100 Tests ...... 07/28/88 No. 3897-20. Abbott Laboratories ...... Cannabinoids-GS Reagent Pack 100 Kit: 100 Tests ...... 09/22/89 Test, No. 3897-19. Abbott Laboratories ...... Cannabinoids-GS Tracer Code No. 3897- 5 ml Vial ...... 07/28/88 T. Abbott Laboratories ...... Cholylglycine Antiserum (Rabbit) Reagent Plastic Bottle: 20ml ...... 04/07/78 Solution No. 7817. Abbott Laboratories ...... Cocaine Metabolite Bulk Calibrator B-F Carboy: 9.5, 19 L ...... 07/07/88 No. 9670 B-F. Abbott Laboratories ...... Cocaine Metabolite Bulk Calibrator, B-F Carboy: 20L, 10L, Flask: 6L, 4L, 2L, 1L, 10/28/85 No. 9670. 250ml, 200ml. Abbott Laboratories ...... Cocaine Metabolite Bulk Controls L, H Carboy: 9.5, 19 L ...... 07/07/88 No. 9670-L, H. Abbott Laboratories ...... Cocaine Metabolite Bulk Controls, L and Carboy: 20L, 10L, Flask: 6L, 4L, 2L, 1L, 10/28/85 H No. 9670. 250ml, 200ml. Abbott Laboratories ...... Cocaine Metabolite Bulk Controls, No. Carboy: 20L, 10L, Flask: 6L, 2L, 1L, 01/19/89 9670X, Y, Z. 250ml, 200ml. Abbott Laboratories ...... Cocaine Metabolite Bulk Tracer, No. Carboy: 50L, 45.5L, 20L, 13.25L, 13L, 10/30/85 97075. 10L, 9L, Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Cocaine Metabolite Control X, Y, Z; No. Vial: 5ml ...... 01/19/89 9670X, Y, Z. Abbott Laboratories ...... Cocaine Metabolite QC Primary 2-6 QT, Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 NG, CO, PS No. 9670 2-6 QT-QC & 250, 200, 100ml; Bottle: 950, 500, 100, NG/CO/PS-QC. 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Cocaine Metabolite QC Primary 2-6 QT- Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 10/28/91 C, 8QT-C No. 9670 2-6 QTC-QC, 9670 250, 200, 100ml; Bottle: 950, 500, 100, 8QTC-QC. 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Cocaine Metabolite QC Primary 8QT No. Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 10/25/91 9670 8QT-QC. 250, 200, 100ml; bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Cocaine Metabolite QC Primary B-F, L, Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/23/88 M. H, No. 9670 (B-F, L, M, H)-QC. 250 ml, 200 ml, 100 ml, Bottle: 5 ml. Abbott Laboratories ...... Cocaine Metabolite QC Primary Bulk Flasks: 1 liter, 250 ml, and 200 ml ...... 11/10/87 Control M, No. 9670-M. Abbott Laboratories ...... Cocaine Metabolite QC Primary Standard Bottle: 5 ml ...... 11/10/87 Control M, No. 9670-M. Abbott Laboratories ...... Cocaine Metabolite QC Primary X, No. Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 06/05/89 9670X-QC; Primary Z, No. 9670Z-QC. 250ml, 200ml, 100ml, Bottle: 5ml. Abbott Laboratories ...... Cocaine Metabolite Stock Tracer, No. Flasks: 6L, 4L, 2L, 1L, 500ml, 250ml, 10/30/85 97156. 200ml, 100ml; Bottles: 950ml, 500ml, 100ml, 50ml, 30ml, 5ml; Amp: 20, 10, 5, 2ml. Abbott Laboratories ...... Codeine Metabolite Bulk Tracer; Code Sizes: 50, 45, 20, 10, 8, 6, 4, 2, 1L; 500, 06/02/94 3B48T. 250, 200, 125, 100, 50, 35, 30, 20, 15, 10, 5ml; Ampules: 50, 20, 15, 10, 5, 2ml. Abbott Laboratories ...... High Multiconstituent (9) Stock Standard Carboy: 50, 20, 10L; Flask: 6, 4, 2, 1L, 07/02/91 Cat. No. 92622. 500, 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Low Multiconstituent (9) Stock Standard Carboy: 50, 20, 10L; Flask: 6, 4, 2, 1L, 07/02/91 Cat. No. 92620. 500, 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Low, Medium, High Multiconstituent Stock Carboy: 10, 20L; Flask: 6, 4, 2, 1L, 500, 10/06/89 Standards, No. 90967, 90968, 90969. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Medium Multiconstituent (9) Stock Stand- Carboy: 50, 20, 10L; Flask: 6, 4, 2, 1L, 07/02/91 ard Cat. No. 92621. 500, 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Methadone Bulk Calibrators (B-F) Code 20 L, 10 L Carboy; 6 L, 2 L, 1 L, 250 ml, 09/02/88 No. 9676 (B-F). 200 ml Flask. Abbott Laboratories ...... Methadone Bulk Calibrators (L, M, H) 20 L, 10 L Carboy; 6 L, 2 L, 1 L, 250 ml, 09/02/88 Code No. 9676 (L, M, H). 200 ml Flask. 15962 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

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Abbott Laboratories ...... Methadone Bulk Stock Standard Code 10 L Carboy; 6 L, 2 L, 1 L Flask ...... 09/02/88 No. 95952. Abbott Laboratories ...... Methadone Calibrators No. 9676-01 ...... Kit: 6 Vials ...... 09/02/88 Abbott Laboratories ...... Methadone Calibrators B-F No. 9676 B-F 5 ml Vial ...... 09/02/88 Abbott Laboratories ...... Methadone Controls L, M, H No. 9676-L, 5 ml Vial ...... 09/02/88 M, H. Abbott Laboratories ...... Methadone Controls No. 9676-10 ...... Kit: 3 Vials ...... 09/02/88 Abbott Laboratories ...... Methadone QC Primary NG, CO, PS No. Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 9676 NG/CO/PS-QC. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Methadone Stock Standard Code No. 1 L, 500 ml, 100 ml Bottle ...... 09/02/88 95720. Abbott Laboratories ...... Morphine Stock Standard, No. 97291 ...... Vial: 125ml ...... 10/16/85 Abbott Laboratories ...... Morphine Stock Standard, No.97291 A-B Carboy: 20L, 10L Flask: 4L, 2L, 1L, 500 11/22/88 ml, 250 ml, 200 ml, 100 ml Bottle: 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Multiconstituent (9) QC Control H Cat. Carboy: 50, 20, 10L; Flask: 6, 4, 2, 1L, 07/02/91 No. 92625. 500, 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Multiconstituent (9) QC Control L Cat. No. Carboy: 50, 20, 10L; Flask: 6, 4, 2, 1L, 07/02/91 92623. 500, 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Multiconstituent (9) QC Control M Cat. Carboy: 50, 20, 10L; Flask: 6, 4, 2, 1L, 07/02/91 No. 92624. 500, 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Multiconstituent Bulk Controls L, M, H Carboy: 20L, 10L, Flask: 10L, 6L, 4L, 2L, 09/03/87 (No. 9687-L, M, H). 1L, 250ml, 200ml. Abbott Laboratories ...... Multiconstituent Control for Abused Drug Carboy: 20L, 10L, 19L, 9.5L, 6L, 4L, 1L, 10/06/89 Assays Bulk L, M, H; No. 9687-L, M, H. Flask: 250ml, 200ml. Abbott Laboratories ...... Multiconstituent Control for Abused Drug Vial: 5 ml ...... 10/06/89 Assays L, M, H; No. 9687-L, M, H. Abbott Laboratories ...... Multiconstituent Control for Abused Drug Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 10/06/89 Assays QC Primaries L, M, H; No. 250ml, 200ml, 100ml, Bottle: 950ml, 9687-L, H, H-QC. 500ml, 100ml, 5ml. Abbott Laboratories ...... Multiconstituent Controls for Abused Drug Kit: 6 vials ...... 10/06/89 Assays, No. 9687-10. Abbott Laboratories ...... Nordiazepam Serum Bulk Stock Standard Carboy: 10 liters; Flask: 6 liters, 2 liters, 1 05/02/88 No. 94941. liter. Abbott Laboratories ...... Nordiazepam Serum Bulk Stock Stand- Carboy: 10 liter; Flask: 6 liter, 2 liter ...... 12/07/87 ard: Code No.94941. Abbott Laboratories ...... Nordiazepam Serum Stock Standard No. Carboy: 20L, 10L Flask: 4L, 2L, 1L, 500 11/22/88 94941, 94941 A, B. ml, 250 ml, 200 ml, 100 ml Bottle: 950 ml, 500 ml, 100 ml, 5 ml. Abbott Laboratories ...... Nordiazepam Serum Stock Standard: Bottle: 125 ml ...... 12/07/87 Code No. 94941. Abbott Laboratories ...... Nordiazepam Serum Stock Standard: No. Bottle: 125 ml ...... 05/02/88 94941. Abbott Laboratories ...... Nordiazepam Stock Standard No. 97757, Carboy: 20L, 10L Flask: 4L, 2L, 1L, 500 11/22/88 97757 A, B. ml, 250 ml, 200 ml, 100 ml Bottle: 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Nordiazepam Stock Standard, No. 97757 Bottle: 125ml ...... 04/21/86 Abbott Laboratories ...... Opiate Bulk Calibrators, B-F, No.9673 B- Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 05/07/86 F. 13L, 10L, 9.5L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Opiate Bulk Controls, L and H No. 9673 L Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 05/07/86 and H. 13L, 10L, 9.5L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Opiates Bulk Controls, No. 9673X, Y, Z ... Carboy: 20L, 10L, Flask: 6L, 2L, 1L, 01/19/89 250ml, 200ml. Abbott Laboratories ...... Opiates Bulk Tracer, No. 97458 ...... Carboy: 50L, 45.5L, 20L, 19L, 13.25L, 05/07/86 13L, 10L, 9.5L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Opiates Bulk Tracer; Codeι 3B25T ...... Sizes: 50, 45, 20, 10, 8, 6, 4, 2, 1L; 500, 06/02/94 250, 200, 125, 100, 50, 35, 30, 20, 15, 10, 5ml; Ampules: 50, 20, 15, 10, 5, 2ml. Abbott Laboratories ...... Opiates Control X, Y, Z; No. 9673X, Y, Z Vial: 5ml ...... 01/19/89 Abbott Laboratories ...... Opiates QC Primary (B-F, L, M, H) QC Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/22/88 No. 9673 (B-F, L, M, H) QC. 250 ml, 200 ml, 100 ml Bottle: 5ml. Abbott Laboratories ...... Opiates QC Primary 2-6 QT, NG, CO, PS Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 No. 9673 2-6 QT-QC & NG/CO/PS-QC. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15963

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Abbott Laboratories ...... Opiates QC Primary 8QT No. 9673 8QT- Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 10/25/91 QC. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Opiates QC Primary Bulk Control M, No. Flasks: 1 liter, 250 ml, and 200 ml ...... 11/10/87 9673-M. Abbott Laboratories ...... Opiates QC Primary Standard Control M, Bottle: 5 ml ...... 11/10/87 No. 9673-M. Abbott Laboratories ...... Opiates QC Primary X, No. 9673X-QC; Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 06/05/89 Primary Y, No. 9673Y-QC; PrimaryZ, 250ml, 200ml, 100ml, Bottle: 5ml. No. 9673Z-QC. Abbott Laboratories ...... Opiates Stock Tracer, No. 98718 ...... Flasks: 6L, 4L, 2L, 1L, 500ml, 250ml, 05/07/86 200ml, 100ml; Botles: 950ml, 500ml, 100ml, 50ml, 30ml, 5ml; Amp: 20, 10, 5, 2ml. Abbott Laboratories ...... Phencyclidine Bulk Calibrator, B-F No. Carboy: 50L, 45.5L, 20L, 13.25L, 13L, 03/21/86 9672 B-F. 10L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Phencyclidine Bulk Control M, No. 9672 Carboy: 50L, 45.5L, 20L, 13.25L, 13L, 09/26/86 M. 10L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Phencyclidine Bulk Controls, L and H No. Carboy: 50L, 45.5L, 20L, 13.25L, 13L, 03/21/86 9672 L and H. 10L, 9L Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Phencyclidine Bulk Controls, No. 9672X, Carboy: 20L, 10L, Flask: 6L, 2L, 1L, 01/19/89 Y, Z. 250ml, 200ml. Abbott Laboratories ...... Phencyclidine Control X, Y, Z; No. Vial: 5ml ...... 01/19/89 9672X, Y, Z. Abbott Laboratories ...... Phencyclidine QC Primary (B-F, L, M, H) Carboy: 10L Flask: 4L, 2L, 1L, 500 ml, 11/22/88 QC No. 9672 (B-F, L, M, H) QC. 250 ml, 200 ml, 100 ml Bottle: 5ml. Abbott Laboratories ...... Phencyclidine QC Primary 2-6 QT NG, Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 CO, PS No. 9672 2-6 QT-QC & NG/ 250, 200, 100ml; Bottle: 950, 500, 100, CO/PS-QC. 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Phencyclidine QC Primary 8QT No. 9672 Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 10/25/91 8QT-QC. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Phencyclidine QC Primary X, No. 9672X- Carboy: 10L, Flask: 4L, 2L, 1L, 500ml, 06/05/89 QC; Primary Z, No. 9672Z-QC. 250ml, 200ml, 100ml, Bottle: 5ml. Abbott Laboratories ...... Phencyclidine Stock Standard No. 97158, Carboy: 20L, 10L Flask: 4L, 2L, 1L, 500 11/22/88 97158 A-B. ml, 250 ml, 200 ml, 100 ml Bottle: 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Phencyclidine Stock Standard, No. 95356 Flask: 100ml, 200ml, 250ml, 500ml, 1L, 04/18/89 2L, 4L, Bottle: 5ml, 100ml, 500ml, 950 ml, Carboys: 10L, 20L. Abbott Laboratories ...... Phencyclidine Stock Standard, No. 97158 Bottle: 125ml ...... 11/21/85 Abbott Laboratories ...... Phenobarbital Bulk Calibrators No. 9500 Carboy: 50L, 45.5L, 19L, 13.25L, 13L, 06/16/88 B-F. 9.5L, 9L; Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Phenobarbital Bulk Controls No. 9500 L, Carboy: 50L, 45.5L, 19L, 13.25L, 13L, 06/16/88 M, H. 9.5L, 9L; Flask: 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Phenobarbital Control L, Codeι 7A70-L ... Vial: 10ml ...... 01/25/94 Abbott Laboratories ...... Phenobarbital Enzyme Inhibitor Stock ...... Vial: 2ml ...... 01/20/84 Abbott Laboratories ...... Phenobarbital QC Primary B-F, L, M, H Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 01/04/91 Item No. 9500B-F, L, M, H. 250, 200, 100ml; Bottles: 950, 500, 100, 50, 5ml; Ampules: 20, 10, 5, 2ml. Abbott Laboratories ...... Phenobarbital Stock Solution 1 mg/ml Plastic Bottle: 125 ml ...... 03/23/87 Code No. 94312. Abbott Laboratories ...... Phenobarbital Stock Solution 10 mg/ml Plastic Bottle: 125 ml ...... 03/23/87 Code No. 94313. Abbott Laboratories ...... Phenobarbital Stock Standard 500 ug/ml Carboy: 50, 20, 10L; Flask: 6, 4, 2, 1L, 01/04/91 Item No. 99259. 500, 250, 200, 100ml; Bottles: 950, 500, 100, 50, 5ml; Ampules: 20, 10, 5, 2ml. Abbott Laboratories ...... Phenobarbital Stock Standard Solution .... Bottle: 1 liter ...... 08/12/82 Abbott Laboratories ...... Polyethylene Glycol 8000, 16% Solution Plastic Bottle: 300 ml, 150 ml...... 09/21/77 in 0.09 M Barbital Buffer, No 7541. Abbott Laboratories ...... Polyethylene Glycol 8000, 18% Solution Stainless Steel Tank: 1000 liters ...... 03/09/88 in 0.09M Barbital Buffer: No. 07602. Abbott Laboratories ...... Progesterone Buffer No.2242J ...... Bottle: 30ml ...... 03/11/92 Abbott Laboratories ...... Progesterone Buffer No.2242J0001 ...... Box: 100 Bottles/30ml ...... 03/11/92 15964 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

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Abbott Laboratories ...... Progesterone Bulk Buffer No.12918 ...... Carboy: 50L, 25L, 20L, 19L, 15L, 13L, 05/11/92 10L, 9L; Bottle: 950ml, 500ml, 100ml, 50ml, 30ml, 20ml; Amp: 20ml, 10ml, 5ml, 2ml. Abbott Laboratories ...... Progesterone Reagent Pack No.2242-20 . Kit: 4 Bottles ...... 03/11/92 Abbott Laboratories ...... Propoxyphene Bulk Calibrator B-F No. Carboys or Flasks: 50L, 45.5L, 20L, 19L, 11/30/90 9675 B-F. 13.25L, 13L, 10L, 9.5L, 9L, 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Propoxyphene Bulk Control L, M, H No. Carboys or Flasks: 50L, 45.5L, 20L, 19L, 11/30/90 9675 L, M, H. 13.25L, 13L, 10L, 9.5L, 9L, 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Propoxyphene Bulk Tracer Item No. Carboys or Flasks: 50L, 45.5L, 20L, 19L, 11/30/90 92003. 13.25L, 13L, 10L, 9.5L, 9L, 6L, 4L, 2L, 1L, 250ml, 200ml. Abbott Laboratories ...... Propoxyphene Calibrators Item No. 9675- Kit: 5 vials ...... 11/30/90 01. Abbott Laboratories ...... Propoxyphene Calibrators Item No. Vial: 5ml ...... 11/30/90 9675B-F. Abbott Laboratories ...... Propoxyphene Controls Item No. 9675-10 Kit: 3 vials ...... 11/30/90 Abbott Laboratories ...... Propoxyphene Controls Item No. 9675L, Vial: 5ml ...... 11/30/90 M, H. Abbott Laboratories ...... Propoxyphene QC Primary B-F, L, M, H, Carboy: 20, 10L Flasks: 6, 4, 2, 1L, 500, 11/30/90 Z Item No. 9675(B-F, L, M, H, Z)-QC. 250, 200, 100ml Bottles: 950, 500, 100, 50, 5ml Ampules: 20, 10, 5, 2ml. Abbott Laboratories ...... Propoxyphene QC Primary NG, CO, PS Carboy: 20, 10L; Flask: 6, 4, 2, 1L, 500, 02/20/91 No. 9675 NG/CO/PS-QC. 250, 200, 100ml; Bottle: 950ml, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Propoxyphene Stock Standard, 100 mcg/ Carboys: 20, 10L Flasks: 6, 4, 2, 1L, 500, 11/30/90 ml Item No. 92005. 250, 200, 100ml Bottles: 950, 500, 100, 50, 5ml Ampules: 20, 10, 5, 2ml. Abbott Laboratories ...... Propoxyphene Stock Tracer Item No. Bottle: 12ml ...... 11/30/90 92001. Abbott Laboratories ...... Propoxyphene Tracer Item No. 9675-T .... Bottles: 3.2ml, 5ml ...... 11/30/90 Abbott Laboratories ...... Secobarbital Bulk Calibrator, B-F No. Carboy: 20L, 10L, Flask: 6L, 4L, 2L, 1L, 03/21/86 9669. 250ml, 200ml. Abbott Laboratories ...... Secobarbital Bulk Controls, L and H No. Carboy: 20L, 10L, Flask: 6L, 4L, 2L, 1L, 03/21/86 9669. 250ml, 200ml. Abbott Laboratories ...... Secobarbital Stock Standard 1000mcg/ Carboy: 20L, 10L, Flask: 4L, 2L, 1L, 01/03/89 ml-No. 90107, 500mcg/ml-No. 90107A, 500ml, 250ml, 200ml, 100ml, Bottle: 200mcg/ml-No. 90107B. 950ml, 500ml, 100ml, 5ml. Abbott Laboratories ...... Secobarbital Stock Standard No. 97171, Carboy: 20L, 10L Flask: 4L, 2L, 1L, 500 11/22/88 97171 A, B. ml, 250 ml, 200 ml, 100 ml Bottle: 950 ml, 500 ml, 100 ml, 5 ml. Abbott Laboratories ...... Secobarbital Stock Standard, No. 97171 . Bottle: 125ml ...... 11/21/85 Abbott Laboratories ...... Spectrum Phenobarbital Calibrator II-VI, Bottle: 4ml ...... 10/03/85 Nos. 9755, 9757, 9759, 9761, 9763. Abbott Laboratories ...... Spectrum Phenobarbital Control, Nos. Bottle: 4ml ...... 10/03/85 9876, 9878, 9880. (L, M, H). Abbott Laboratories ...... TDx Amphetamine Class Calibrators Kit containing 6 vials ...... 03/01/88 9667-01. Abbott Laboratories ...... TDx Amphetamine Class Calibrators B-F Bottle: 5 ml ...... 03/01/88 Abbott Laboratories ...... TDx Amphetamine Class Control L and H Bottle: 5 ml ...... 03/01/88 Abbott Laboratories ...... TDx Amphetamine Class Controls 9667- Kit containing 2 vials ...... 03/01/88 10. Abbott Laboratories ...... TDx Amphetamine Class Reagent Pack, Kit containing 1 vial ...... 03/01/88 No. 9667-60. Abbott Laboratories ...... TDx Amphetamine Class Tracer Solution, Bottle: 5 ml ...... 03/01/88 No. 9667T. Abbott Laboratories ...... TDx Amphetamine/Methamphetamine Bottles: 4ml ...... 08/23/85 Calibrator, No. 9668-01. Abbott Laboratories ...... TDx Amphetamine/Methamphetamine Bottles: 4ml ...... 08/23/85 Controls, No. 9668-10. Abbott Laboratories ...... TDx Barbiturates Calibrators No. 9669 B- 5 ml Vial ...... 07/01/88 F. Abbott Laboratories ...... TDx Barbiturates Calibrators No. 9669-01 Kit: 5 Vials, 5 ml each ...... 07/01/88 Abbott Laboratories ...... TDx Barbiturates Calibrators, B-F No. Bottle: 4 ml ...... 10/08/85 9669. Abbott Laboratories ...... TDx Barbiturates Control L, H No. 9669 5 ml Vial ...... 07/01/88 L, H. Abbott Laboratories ...... TDx Barbiturates Control, L and H No. Bottle: 4ml ...... 10/08/85 9669. Abbott Laboratories ...... TDx Barbiturates Controls No. 9669-10 ... Kit: 2 Vials, 5 ml each ...... 07/01/88 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15965

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Supplier Product name Form Date

Abbott Laboratories ...... TDx Benzodiazepines Calibrator No. 5 ml Vial ...... 07/18/88 9674 B-F. Abbott Laboratories ...... TDx Benzodiazepines Calibrators No. Kit: 5 Vials, 5 ml each ...... 07/18/88 9674-01. Abbott Laboratories ...... TDx Benzodiazepines Calibrators, No. Bottles: 4ml ...... 04/21/86 9674-01. Abbott Laboratories ...... TDx Benzodiazepines Controls L, H No. 5 ml Vial ...... 07/18/88 9674 L, H. Abbott Laboratories ...... TDx Benzodiazepines Controls L, H No. Kit: 2 Vials, 5 ml each ...... 07/18/88 9674-10. Abbott Laboratories ...... TDx Benzodiazepines Controls, No. Bottles: 4ml ...... 04/21/86 9674-10. Abbott Laboratories ...... TDx Benzodiazepines Serum Calibrator Bottle: 4 ml ...... 05/02/88 No. 9682 B-F. Abbott Laboratories ...... TDx Benzodiazepines Serum Calibrators Bottle: 4ml, 5ml ...... 12/07/88 B-F: Code No. 9682 B-F. Abbott Laboratories ...... TDx Benzodiazepines Serum Calibrators: Kit ...... 12/07/88 Code No. 9682-01. Abbott Laboratories ...... TDx Benzodiazepines Serum Calibrators: Kit containing 6 vials ...... 05/02/88 No. 9682-01. Abbott Laboratories ...... TDx Benzodiazepines Serum Controls L, Bottle: 4 ml ...... 12/07/87 M, & H: No. 9682 L, M, H. Abbott Laboratories ...... TDx Benzodiazepines Serum Controls L, Bottle: 4 ml ...... 05/02/88 M, H: No. 9682 L, M, H. Abbott Laboratories ...... TDx Benzodiazepines Serum Controls: Kit ...... 12/07/88 Code No. 9682-10. Abbott Laboratories ...... TDx Benzodiazepines Serum Controls: Kit containing 3 vials ...... 05/02/88 No. 9682-10. Abbott Laboratories ...... TDx Cannabinoids Calibrators B-F (9671- Bottle: 5 ml ...... 06/19/87 02). Abbott Laboratories ...... TDx Cannabinoids Calibrators B-F (No. Bottles: 5 ml ...... 10/24/86 9671-01). Abbott Laboratories ...... TDx Cannabinoids Controls L, M, and H Bottle: 5 ml ...... 06/19/87 (9671-11). Abbott Laboratories ...... TDx Cannabinoids Controls L, M, H (No. Bottles: 5 ml ...... 10/24/86 9671-10). Abbott Laboratories ...... TDx Cannabinoids Fluorescein Tracer Bottle: 5 ml ...... 10/27/86 Solution (No. 9671-T). Abbott Laboratories ...... TDx Cannabinoids Reagent Pack (No. 100 tests ...... 10/27/86 9671-20). Abbott Laboratories ...... TDx Cocaine Metabolite Calibrator B-F 5 ml Vial ...... 07/07/88 No. 9670 B-F. Abbott Laboratories ...... TDx Cocaine Metabolite Calibrator, B-F Bottle: 4ml ...... 10/02/85 No. 9670. Abbott Laboratories ...... TDx Cocaine Metabolite Calibrators No. Kit: 5 Vials, 5 ml each ...... 07/07/88 9670-01. Abbott Laboratories ...... TDx Cocaine Metabolite Control L, H No. 5 ml Vial ...... 07/07/88 9670 L, H. Abbott Laboratories ...... TDx Cocaine Metabolite Control, L and H Bottle: 4ml ...... 10/02/85 No. 9669. Abbott Laboratories ...... TDx Cocaine Metabolite Controls No. Kit: 2 Vials, 5 ml each ...... 07/07/88 9670-10. Abbott Laboratories ...... TDx Cocaine Metabolite Fluorescein Kit: 100 Vials, 5 ml Each ...... 07/07/88 Tracer Solution No. 9670 T0001. Abbott Laboratories ...... TDx Cocaine Metabolite Fluorescein Box: 5 ml Vial ...... 07/07/88 Tracer Solution No. 9670-T. Abbott Laboratories ...... TDx Cocaine Metabolite Reagent Pack ... Reagent well: 5ml ...... 10/02/85 Abbott Laboratories ...... TDx Cocaine Metabolite Reagent Pack Kit: 100 Tests ...... 07/07/88 No. 9670-20. Abbott Laboratories ...... TDx Multiconstituent Controls L, M, H Bottle: 5 ml ...... 09/03/87 (No. 9687-L, M, H). Abbott Laboratories ...... TDx Opiates Calibrators B-F: No. 9673- Vial: 4 ml ...... 02/29/88 01. Abbott Laboratories ...... TDx Opiates Calibrators, B-F No. 9673 ... 5 ml Vial ...... 05/07/86 Abbott Laboratories ...... TDx Opiates Controls L and H: No. 9673 Vial: 4 ml ...... 02/29/88 L, H. Abbott Laboratories ...... TDx Opiates Controls, L and H No. 9673 Vials: 5ml ...... 05/07/86 Abbott Laboratories ...... TDx Opiates Fluorescein Tracer Solution Box: 10 Vials, 5 ml each ...... 07/08/88 No. 9673 T0001. Abbott Laboratories ...... TDx Opiates Fluorescein Tracer Solution: Reagent Well: 5 ml ...... 02/29/88 No. 9673-T. 15966 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Abbott Laboratories ...... TDx Opiates Reagent, Pack No. 9673-20, Reagent Well: 5ml , 100 tests ...... 05/07/86 100 tests. Abbott Laboratories ...... TDx Phencyclidine Bulk Calibrator B-F 5 ml Vial ...... 07/18/88 No. 9672 B-F. Abbott Laboratories ...... TDx Phencyclidine Bulk Calibrator B-F Carboy: 9.5, 19 L ...... 07/18/88 No. 9672 B-F. Abbott Laboratories ...... TDx Phencyclidine Bulk Control L, M, H Carboy: 9.5, 19 L ...... 07/18/88 No. 9672 L, M, H. Abbott Laboratories ...... TDx Phencyclidine Calibrators B-F No. Kit: 5 Vials, 5 ml each ...... 07/18/88 9672-01. Abbott Laboratories ...... TDx Phencyclidine Calibrators, B-F No. Bottle: 4ml ...... 10/09/85 9672. Abbott Laboratories ...... TDx Phencyclidine Control M No. 9672 ... Bottle: 4ml ...... 09/26/86 Abbott Laboratories ...... TDx Phencyclidine Controls L, M, H No. 5 ml Vial ...... 07/18/88 9672 L, M, H. Abbott Laboratories ...... TDx Phencyclidine Controls No. 9672-10 Kit: 3 Vials, 5 ml each ...... 07/18/88 Abbott Laboratories ...... TDx Phencyclidine Controls, L and H No. Bottle: 4ml ...... 10/09/85 9672. Abbott Laboratories ...... TDx Phenobarbital Calibrator-0.0, 5.0, Kit ctg: 6 vials ...... 08/31/81 10.0, 20.0, 40.0, and 80.0 mcg/ml. Abbott Laboratories ...... TDx Phenobarbital Calibrators B-F No. 5 ml Vial ...... 06/16/88 9500 B-F. Abbott Laboratories ...... TDx Phenobarbital Calibrators No. 9500- Kit: 6 Vials, 5 ml each ...... 06/16/88 01 (9500 B-F). Abbott Laboratories ...... TDx Phenobarbital Controls No. 9500 L, 5 ml Vial ...... 06/16/88 M, H. Abbott Laboratories ...... TDx Phenobarbital Controls No. 9500-10 Kit: 3 Vials, 5 ml each ...... 06/16/88 (9500 L, M, H). Abbott Laboratories ...... TDx Phenobarbital Controls- 15.0, 30.0, Kit ctg: 3 vials ...... 08/31/81 50.0 mcg/ml. Abbott Laboratories ...... TDx Propoxyphene Reagent Pack Item Kit: 100 tests ...... 11/30/90 No. 9675-20. Abbott Laboratories ...... TDx Systems Multiconstituent Controls for Kit: 6 Bottles ...... 09/03/87 Abused Drug (No. 9687-10). Abbott Laboratories ...... TDx or TDx/TDxFLx Propoxyphene Fluo- Box: 100 bottles or less ...... 11/30/90 rescein Tracer Solution Item No. 9675T0001. Abbott Laboratories ...... TDx, ADx Amphetamine Class Reagent Kit: 100 tests ...... 03/01/88 Pack, No.9667-20, No. 9667-55. Abbott Laboratories ...... TDx/TDxFLx Propoxyphene Reagent Kit: 100 tests ...... 11/30/90 Pack Item No. 9675-60. Abbott Laboratories ...... Thyroxine Binding Globulin, Thyroxine I Glass Bottle: 13ml. Plastic Bottle: 250ml . 04/22/76 125. Abbott Laboratories ...... TrakPak Five Drug Control 2-6 QT Nos. Carboy: 20, 10L Flask: 6, 4, 2, 1L, 500, 10/19/90 92212-92216. 250, 200, 100ml Bottle: 950, 500, 100, 50, 5ml Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... TrakPak Five Drug Control 8QT No. Carboy: 20, 10l; FlaskL: 6, 4, 2, 1L, 500, 10/25/91 93349. 250, 200, 100ml; Bottle: 950, 500, 100, 50, 5ml; Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... TrakPak Five Drug Control Stock No. Carboy: 20, 10L Flask: 6, 4, 2, 1L, 500, 10/19/90 92210. 250, 200, 100ml Bottle: 950, 500, 100, 50, 5ml Ampule: 20, 10, 5, 2ml. Abbott Laboratories ...... Trakpak Card w/Cover Code ι01249 ...... Box: 2000 cards w/cover ...... 03/08/91 Abbott Laboratories ...... Trakpak Card w/Tracers Code ι01248 ..... Box: 2000 cards ...... 03/08/91 Abbott Laboratories ...... Trakpak Cocaine Tracer Code ι92199 ..... Flasks: 6, 4, 2, 1L, 500, 250, 200, 100ml; 03/08/91 Bottles: 950, 500, 100, 50, 5ml; Am- pules: 20, 10, 5, 2ml. Abbott Laboratories ...... Trakpak Drug of Abuse Screening Sys- Kit: 40 cartridges ...... 03/08/91 tem (40 test kit) Code ι04A74. Abbott Laboratories ...... Trakpak Negative Control Code ι04A74C Vial: 5ml ...... 03/08/91 Abbott Laboratories ...... Trakpak Opiates Tracer Code ι92198 ...... Flasks: 6, 4, 2, 1L, 500, 250, 200, 100ml; 03/08/91 Bottles: 950, 5, 00, 100, 50, 5ml; Am- pules: 20, 10, 5, 2ml. Abbott Laboratories ...... Trakpak Reaction Cartridge Code Cartridge: 1 card ...... 03/08/91 ι04A74B. Abbott Laboratories ...... Trakpak THC Tracer Code ι92200 ...... Flasks: 6, 4, 2, 1L, 500, 250, 200, 100ml; 03/08/91 Bottles: 950, 500, 100, 50, 5ml; Am- pules: 20, 10, 5, 2ml. Abbott Laboratories ...... X Systems Amphetamine/Methamphet- Vial: 5 ml ...... 07/14/89 amine II Calibrator B, C, D, E, F; No. 01A99-B, C, D, E, F. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15967

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Abbott Laboratories ...... X Systems Amphetamine/Methamphet- Kit: 6 vials ...... 07/14/89 amine II Calibrators, No. 01A99-01. Abbott Laboratories ...... X Systems Amphetamine/Methamphet- Vial: 5 ml ...... 07/14/89 amine II Control L, M, H; No. 01A99-L, M, H. Abbott Laboratories ...... X Systems Amphetamine/Methamphet- Kit: 3 vials ...... 07/14/89 amine II Controls, No. 01A99-10. Abbott Laboratories ...... X Systems Methadone Calibrators B-F .... Bottle: 5ml ...... 05/15/92 Abbott Laboratories ...... X Systems Methadone Calibrators B-F .... Kit: 6 Bottles ...... 05/12/92 Abbott Laboratories ...... X Systems Methadone Controls L, M, H, Kit: 3 Bottles ...... 05/15/92 No. 9676-10. Abbott Laboratories ...... X Systems Methadone Controls L, M, H; Bottle: 5ml ...... 05/15/92 No. 9676 L, M, H. Abbott Laboratories ...... d-Amphetamine (II) Bulk Stock Standard 10 L Carboy; 6 L, 2 L, 1 L Flask ...... 08/26/88 Code No. 95947. Abbott Laboratories ...... d-Amphetamine (II) Stock Standard Code 1 L, 500 ml, 100 ml Bottle ...... 08/26/88 No. 95934. Abbott Laboratories ...... d-Amphetamine (II) Stock Standard No. Carboy: 20L, 10L Flask: 4L, 2L, 1L, 500 11/22/88 95934, 95934 A-B. ml, 250 ml, 200 ml, 100 ml Bottle: 950ml, 500ml, 100ml, 5ml. Adri/Technam ...... 3-0rtho-Carboxymethylmorphine ...... Screw Cap Vial ...... 05/03/73 Adri/Technam ...... 5-Ethyl-5-(1-Carboxy-n-propyl) Barbituric Screw Cap Vial ...... 05/03/73 Acid. Adri/Technam ...... 5-Ethyl-5-(1-Carboxy-n-propyl) Barbituric Vaccine Vial: 10ml ...... 05/03/73 Acid-Bovine Serum Albumin. Adri/Technam ...... 5-Ethyl-5-(1-Carboxy-n-propyl) Barbituric Vaccine Vial: 10ml ...... 05/03/73 Acid-Rabbit Serum Albumin. Adri/Technam ...... Barbiturate Standard ...... Screw-cap vial: 10ml ...... 07/17/76 Adri/Technam ...... Barbituric Acid Sensitized Red Blood Vaccine Vial: 50ml ...... 05/03/73 Cells. Adri/Technam ...... Benzoyl Ecgonine ...... Screw-cap vial: 10ml ...... 04/18/74 Adri/Technam ...... Benzoyl Ecgonine Sensitized Red Blood Vaccine Vial: 50ml ...... 05/03/73 Cells. Adri/Technam ...... Benzoyl Ecgonine Standard ...... Screw-cap vial: 10ml ...... 07/17/76 Adri/Technam ...... Benzoyl Ecgonine-BSA ...... Vaccine Vial ...... 07/21/75 Adri/Technam ...... Benzoyl Ecgonine-RSA ...... Vaccine Vial ...... 07/21/75 Adri/Technam ...... CMM-BSA and CMM-RSA Vaccine Vial: 10ml ...... 05/03/73 (Carboxymethylmorphine Bovine Serum Albumin or Carboxymethylmorphine Rabbit Serum Albumin). Adri/Technam ...... Cannabuse Cannabidiol Standard ...... Disks: 25/package ...... 05/03/85 Adri/Technam ...... Cannabuse Delta 8 THC Carboxylic Acid Disks: 25/package ...... 09/19/84 Standard. Adri/Technam ...... Cannabuse Delta 8 THC Carboxylic Acid Vial: 6 ml ...... 09/19/84 Standard. Adri/Technam ...... Cannabuse Delta 9 THC Carboxylic Acid Vial: 6 ml ...... 09/19/84 Standard. Adri/Technam ...... Cannabuse Delta 9 THC Carboxylic Acid Disks: 25/package ...... 09/19/84 Standard. Adri/Technam ...... Cannabuse Delta 9 THC Standard ...... Disks: 25/package ...... 09/19/84 Adri/Technam ...... Cannabuse Delta 9 THC Standard ...... Vial: 6 ml ...... 09/19/84 Adri/Technam ...... Drug Standards, Acid/ Neutral Mixture A Disks: 25/package ...... 11/15/85 and B. Adri/Technam ...... Drug Standards, Basic Mixture A and B .. Disks: 25/package ...... 11/15/85 Adri/Technam ...... Methadone Standard ...... Screw-cap vial: 10ml ...... 07/17/76 Adri/Technam ...... Morphine Sensitized Red Blood Cells ...... Vaccine Vial: 50ml ...... 05/03/73 Adri/Technam ...... Morphine Standard (in distilled water) ...... Screw-cap vial: 10ml ...... 07/17/77 Adri/Technam ...... Tropinecarboxylic Acid (ecgonine) ...... Screw-cap Bottle: 10ml ...... 05/03/73 Alltech-Applied Science Laboratories ...... 4-Methylaminorex ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... 6-Acetylcodeine ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... 6-Monoacetylmorphine HCl ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Allylisobutylbarbituric Acid ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Alphaprodine HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Alphenal ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Alprazolam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Amobarbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Amphetamine HCL ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Aprobarbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Barbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Barbiturates, Mixture 4 ...... Vial: 10ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Benzoylecgonine Tetrahydrate ...... Vial: 1ml ...... 04/16/85 15968 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Alltech-Applied Science Laboratories ...... Benzoylecgonine Tetrahydrate 7.5ug, Amber Ampoule: 1ml ...... 02/16/90 50ug, 250ug. Alltech-Applied Science Laboratories ...... Benzphetamine HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Bromazepam ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... Butabarbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Butethal ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Cannabidiol ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Cannabinol ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Chloral Hydrate ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Chlordiazepoxide HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Clonazepam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Clorazepate Dipotassium ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Cocaine ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Codeine ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Cyclopentobarbital ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... Delta-8-Tetrahydro-cannabinol ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Delta-9-Tetrahydrocannabinol ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Depressants, Mixture 3 ...... Vial: 10ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Dextropropoxyphene HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Diacetylmorphine HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Diallybarbituric acid ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Diazepam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Diethylpropion HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Dihydrocodeine ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Dimethyltryptamine ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Drug Mix Four ...... Ampoule: 1 ml ...... 11/03/86 Alltech-Applied Science Laboratories ...... Drug Mix One ...... Ampoule: 1 ml ...... 10/21/86 Alltech-Applied Science Laboratories ...... Drug Mix Three ...... Ampoule: 1 ml ...... 11/03/86 Alltech-Applied Science Laboratories ...... Drug Mix Two ...... Ampoule: 1 ml ...... 10/21/86 Alltech-Applied Science Laboratories ...... Ecgonine HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Ecgonine Methyl Ester HCl ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Ethchlorvynol ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Ethinamate ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Ethylmorphine HCL ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Fenfluramine HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Fentanyl ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Flurazepam HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... GC/MS Benzoylecgonine Calibration Kit: 3 vials ...... 02/16/90 Standards Kit. Alltech-Applied Science Laboratories ...... Glutethimide ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Halazepam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Hexobarbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Hydrocodone Bitartrate ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Hydromorphone HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... L-Amphetamine HCl ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... Levorphanol Tartrate ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Lorazepam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Lysergic Acid ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Lysergic Acid Diethylamide ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Lysergic Acid N-(methylpropyl) amide ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... MDA HCl ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... MDE HCl ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... MDMA HCl ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Medazepam ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... Meperidine HCL ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Mephobarbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Meprobamate ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Mescaline ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Methadone HCL ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Methamphetamine HCL ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Methaqualone HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Metharbital ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... Methohexital ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Methylphenidate ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Methyprylon ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Mixture 1-Opiates ...... Vial: 1ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Mixture 2-Stimulants ...... Vial: 1ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Mixture 3-Depressants ...... Vial: 1ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Mixture 4-Barbiturates ...... Vial: 1ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Mixture 5-Kit of Representatives ...... Vial: 1ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Morphine ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... N-Ethylamphetamine ...... Amber Ampoule: 1ml ...... 02/16/90 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15969

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Alltech-Applied Science Laboratories ...... N-Hydroxy-MDA ...... Amber Ampoule: 1ml ...... 02/16/90 Alltech-Applied Science Laboratories ...... Nalorphine ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Nitrazepam ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Norcodeine HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Nordiazepam ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Normeperidine HCl ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... Normorphine ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Opiates, Mixture 1 ...... Vial: 10ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Oxazepam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Oxycodone HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Oxymorphone HCL ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Paraldehyde ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Pemoline ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Pentazocine ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Pentazocine HBr ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Pentobarbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Phencyclidine HCL ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Phendimetrazine Bitartrate ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Phenmetrazine HCl ...... Amber Ampoule: 1ml ...... 02/16/90 Alltech-Applied Science Laboratories ...... Phenobarbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Phentermine ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Prazepam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Propylbenzoyl-ecgonine ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Psilocybin ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Psilocyn ...... Vial: 1 ml ...... 11/06/87 Alltech-Applied Science Laboratories ...... Secobarbital ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Stimulants, Mixture 2 ...... Vial: 10ml ...... 10/04/72 Alltech-Applied Science Laboratories ...... Talbutal ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... Temazepam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... Thebaine ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Thiamylal ...... Vial: 1ml ...... 01/24/73 Alltech-Applied Science Laboratories ...... Thiopental ...... Vial: 1 ml ...... 06/16/89 Alltech-Applied Science Laboratories ...... Toxi Clean Test Mix ...... Vial: 1 ml ...... 03/30/88 Alltech-Applied Science Laboratories ...... Triazolam ...... Vial: 1ml ...... 04/16/85 Alltech-Applied Science Laboratories ...... d3-Benzoylecgonine Tetrahydrate ...... Amber Ampoule: 5ml ...... 02/16/90 Alltech-Applied Science Laboratories ...... l-Methamphetamine HCl ...... Vial: 1 ml ...... 06/16/89 American Biological Technologies, Inc...... Dade Urine Chemistry Control, Level I & Glass Vial: 15ml ...... 04/08/91 II. American Monitor Corporation ...... Qualify I ...... Glass Vial: 10ml ...... 10/09/75 American Monitor Corporation ...... Qualify II ...... Glass Vial: 10ml ...... 10/09/75 Amersham Corporation ...... 5 Alpha-Dihydro[1, 2, 4, 5, 6, 7- Vial: 6ml ...... 04/02/91 3H]Testosterone Cat. No. TRK.443. Amersham Corporation ...... 5 alpha-Dihydro[1 alpha, 2 alpha(n)-3H] Vial: 6ml ...... 04/02/91 Testosterone Cat. No. TRK.395. Amersham Corporation ...... 5 alpha-dihydro[1, 2, 4, 5, 6, 7-3H] Tes- Vial: 1ml ...... 04/11/91 tosterone Reagent 4 T/DHT RIA Kit. Amersham Corporation ...... Amerlex T-3 RIA Kit, IM 2000, IM 2001, Kit: 50 tests, 100 tests, 400 tests ...... 02/18/80 IM 2004. Amersham Corporation ...... Amerlex T-4 RIA Kit, IM 2010, IM 2011, Kit: 50 tests, 100 tests, 400 tests ...... 02/06/80 IM 2014. Amersham Corporation ...... Amerlex-M B-hCG Radioimmunoassay Kit Kit: 100 tests, 400 tests ...... 06/19/85 IM 3091, IM 3094. Amersham Corporation ...... Amerlex-M T3 RIA Kit, 1M.3001, 1M.3004 Kit: 100 Tests 400 Tests ...... 08/27/86 Amersham Corporation ...... Amerlex-M T4 RIA Kit, 1M.3011, 1M.3014 Kit: 100 Tests 400 Tests ...... 08/27/86 Amersham Corporation ...... Amerlite FSH Assay, Cat. Code Glass vial: 5.8ml, 38.1ml, 240 tests, 144 05/30/89 LAN.0077, Cat. Code LAN.2077. tests. Amersham Corporation ...... Amerlite Rubella Antibody Assay, Cat. Glass vial: 5.8ml, 38.1ml, 240 tests, 144 05/30/89 Code LAN.0200, Cat. Code LAN.2200. tests. Amersham Corporation ...... Amerlite TSH Assay, Cat. Code Glass vial: 5.8ml, 240 tests, 144 tests ..... 05/30/89 LAN.0001, Cat. Code LAN.2001. Amersham Corporation ...... Amerlite TT3 Assay: Catalog Code Lan. Kit: 144 tests, 240 tests, 480 tests ...... 11/24/87 0003, Lan. 1003, and Lan.2003. Amersham Corporation ...... Amerlite TT4 Assay: Catalog Code Lan. Kit: 144 tests, 240 tests, 480 tests ...... 11/24/87 0002, Lan. 1002, Lan. 2002. Amersham Corporation ...... Codeine (N-methyl-C14) Hydrochloride .... Custom Preparation ...... 03/27/72 Amersham Corporation ...... Dihydrotestosterone Standard Reagnet 3 Vial: 5.5ml ...... 04/11/91 T/DHT RIA Kit. Amersham Corporation ...... Morphine (N-methyl-C14) Hydrocloride Vial: 0.32 to 1.89mg ...... 03/27/72 No. CFA-363. Amersham Corporation ...... Pheno [2-14C] barbital Catalog No. CFA Vial: 0.39 to 5.85mg ...... 11/05/74 537. Amersham Corporation ...... Prolactin RIA Kit, IM 1060, 1061 ...... Kit: 50 tests, 100 tests ...... 03/28/80 15970 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Amersham Corporation ...... T-3 Uptake (MAA) Kit-IM 1020, IM 1021, Kit: 50 tests, 100 tests, 400 tests ...... 02/05/79 IM 1024. Amersham Corporation ...... Testosterone Standard Reagent 2 T/DHT Vial: 5.5ml ...... 04/11/91 RIA Kit. Amersham Corporation ...... Testosterone-3-(0-carboxymethyl)oximino- Vial: 1.2ml ...... 04/02/91 (2-[125I] iodohistamine)10uCi, 25uCi Cat. No. IM.128. Amersham Corporation ...... Testosterone/dihydrotestosterone [3H] Kit: 200 assays ...... 04/11/91 assay system Cat. No. TRK-600. Amersham Corporation ...... [1(N)-3H] Hydromorphone TRQ 4729 ...... Vial: 47.5-95 micrograms ...... 07/31/87 Amersham Corporation ...... [1(n)-3H] Codeine, No. TRK 448 ...... Ampule: 0.002mg to 0.015mg ...... 02/26/74 Amersham Corporation ...... [1(n)-3H]Morphine, No. TRK-447 ...... Vial: 0.002 mg to 0.015 mg ...... 02/26/74 Amersham Corporation ...... [1, 2, 6, 7-3H] Testosterone Cat. No. Vial: 6ml ...... 04/02/91 TRK.402. Amersham Corporation ...... [1, 7, 8(n)-3H]Dihydromorphine, No. TRK- Vial: 0.0008 mg to 0.008 mg ...... 02/26/74 450. Amersham Corporation ...... [15, 16(n)-3H] Etorphine, Catalog No. Vial: 3.45 to 6.9 micrograms ...... 11/19/74 TRK 476. Amersham Corporation ...... [15, 16(n)-3H] Etorphine Catalog No. TRK Vial: 13.8 to 27.6 micrograms ...... 02/17/75 476. Amersham Corporation ...... [17 alpha-methyl-3H] Mibolerone Cat. No. Vial: 6ml ...... 04/02/91 TRK.764. Amersham Corporation ...... [2(n)-3H] Lysergic Acid Diethylamide, No. Vial: 0.003mg to 0.04mg ...... 05/22/74 TRK. 461. Amersham Corporation ...... [2-14C] Diazepam Catalog No. CFA.591 . Multidose Glass Vial: 56mm x 25mm ...... 09/28/77 Amersham Corporation ...... [3H]11-Ketotestosterone Cat. No. Vial: 5.7ml ...... 06/13/91 TRQ.5919. Amersham Corporation ...... [4-14C] Testosterone 50uCi, 250uCi Cat. Vial: 6ml ...... 04/02/91 No. CFA.129. Amersham Corporation ...... [N-methyl-3H] Diazepam Catalog Code: Multidose Glass Vial: 56mm x 25mm ...... 09/28/77 TRK.572. Analytical Control Systems, Inc...... Benchmark I TDM Control 1L, 2M, 3H ..... Plastic Vial: 5ml per Vial; 1-120 Vials per 10/02/91 Bag. Armed Forces Institute of Pathology ...... 11-nor-9-carboxy-delta 8-THC in Ethanol Glass Ampule: 1mg/ml, 1ml, 5ml, 10ml .... 01/25/82 Ampules. Astral Medical Systems ...... Barbital Buffer ...... Plastic bag: 12.2g/bag ...... 05/01/85 Astral Medical Systems ...... Barbital Lactate Buffer ...... Plastic bag: 18g/bag ...... 05/01/85 Astral Medical Systems ...... Isoenzyme Buffer ...... Plastic bag: 14g/bag ...... 05/01/85 Astral Medical Systems ...... Tris-Barbital Sodium Barbital Buffer ...... Plastic bag: 18g/bag ...... 05/01/85 Atochem North America, Inc...... M&T NiproTeq SB Additive ...... Polypropylene Containers: 5 gallons, 55 03/10/88 gallons. BHP Diagnostix, Inc...... Kallestad TDM Multi-Calibrator-Pilot Lot Kit: 7-3 ml Vials; 3 ml Vial ...... 08/18/88 B-G. BHP Diagnostix, Inc...... Kallestad TDM Multi-Calibrator-Pilot-Lot 3ml, 6ml, 10ml, 30ml, 50ml Vial ...... 08/18/88 Phenobarbital. BHP Diagnostix, Inc...... Kodak Ektachem-DT Calibrator ...... Bottle: 6ml ...... 01/05/85 Baxter Diagnostics Inc...... (125I) Human TSH Tracer, Cat. No. CA- Vial: 15ml ...... 12/07/89 2623. Baxter Diagnostics Inc...... Absorbed Plasma and Serum Reagents Glass Vial: 5ml (Lyophilized Material) ...... 08/16/71 Kit B4233-2. Baxter Diagnostics Inc...... Bovine Chemistry Control I.X Special Bottle: 18ml (Lyophilized Material) ...... 01/29/86 Order Request B5107-55XX. Baxter Diagnostics Inc...... Bovine Chemistry Control II.X Special Bottle: 18 ml (Lyophilized Material) ...... 01/29/86 Order Request B5107-65XX. Baxter Diagnostics Inc...... Buffered Thrombin (Bovine) Catalog No. Bottle: 5ml (Lyophilized Material) ...... 01/24/86 B4233-40. Baxter Diagnostics Inc...... Dade IAC.X Comprehensive Immuno- Kit: 6 bottles ...... 08/27/91 Assay Control, Tri-Level Unassayed. Baxter Diagnostics Inc...... Dade Immunoassay Control, Level I-Low Bottle: 9ml (Lyophilized Material) ...... 04/25/86 Baxter Diagnostics Inc...... Dade Immunoassay Control, Level II-In- Bottle: 9ml (Lyophilized Material) ...... 04/25/86 termediate. Baxter Diagnostics Inc...... Dade Immunoassay Control, Level III- Bottle: 9ml (Lyophilized Material) ...... 04/25/86 High. Baxter Diagnostics Inc...... Dade Immunoassay Controls, Tri-Level ... Kit: 3 bottles ...... 04/25/86 Baxter Diagnostics Inc...... Dade Moni-Trol Gold, Level 1X Chemistry Kit: 55 Vials ...... 08/31/94 Control and Carbonate Diluent 1. Baxter Diagnostics Inc...... Dade Moni-Trol Gold, Level 1X and Level Bottle: 18ml ...... 08/31/94 2X Chemistry Controls. Baxter Diagnostics Inc...... Dade Moni-Trol Gold, Level 2X Chemistry Kit: 55 Vials ...... 08/31/94 Control and Carbonate Diluent 2. Baxter Diagnostics Inc...... Dade TDM Control Level I-Low B5700-2 . Glass Vial: 9ml (Lyophilized Material) ...... 01/21/82 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15971

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Baxter Diagnostics Inc...... Dade TDM Control Level II-Intermediate Glass Vial: 9ml (Lyophilized Material) ...... 01/21/82 B5700-3. Baxter Diagnostics Inc...... Dade TDM Control Level III-High B5700-4 Glass Vial: 9ml (Lyophilized Material) ...... 01/21/82 Baxter Diagnostics Inc...... Dade Therapeutic Drug Monitoring (TDM) Kit: 9 Vials ...... 03/10/87 Controls (Catalog No. B5700-1). Baxter Diagnostics Inc...... Dade Urine Chemistry Control Level I, II . Kit: 10 Bottles; Bottle: 18ml ...... 08/02/91 Baxter Diagnostics Inc...... Data-Fi Euglobulin Lysis Set Cat. No. Kit: 70 Tests ...... 09/09/86 B4233-40. Baxter Diagnostics Inc...... Data-Fi Fibrin Monomer Control Catalog Glass Vial: 5ml (Lyophilized Material) ...... 01/24/86 Nos. B4233-30 & B4233-38. Baxter Diagnostics Inc...... Data-Fi Fibrinogen Determination Kit: 50 tests ...... 09/09/86 Reagents Cat. No. B4233-15. Baxter Diagnostics Inc...... Data-Fi Protamine Sulfate Reagents Kit Kit: 10 Vials ...... 03/10/87 (Catalog No. B4233-30). Baxter Diagnostics Inc...... Data-Fi Thrombin Reagent ...... Bottle: 5ml (Lyophilized Material) Vial: 05/18/81 9ml Carton: 10 vials, Cat. No. 28 10 09. Baxter Diagnostics Inc...... Data-Fi Thrombin Reagent ...... Bottle: 9 ml (Lyophilized Material) ...... 07/20/83 Baxter Diagnostics Inc...... EXCEL-QC Level 1 Serum Chemistry Botttle: 18ml ...... 08/04/93 Control. Baxter Diagnostics Inc...... EXCEL-QC Level 1 and Level 2 Serum Kit: 12 Bottles ...... 08/04/93 Chemistry Control and Carbonate Dilu- ent 1 and 2. Baxter Diagnostics Inc...... EXCEL-QC Level 2 Serum Chemistry Bottle: 18ml ...... 08/04/93 Control. Baxter Diagnostics Inc...... Immunoassay Control Level I-III Bottle: 9ml ...... 08/27/91 Unassayed. Baxter Diagnostics Inc...... Moni-Trol Level I Chemistry Control, As- Bottle: 9ml (Lyophilzed Material) ...... 01/20/84 sayed, Special Order Request. B5103- XXX. Baxter Diagnostics Inc...... Moni-Trol Level I.X Special Order Re- Bottle: 18ml (Lyophilized Material) ...... 06/30/83 quest B5106-5X. Baxter Diagnostics Inc...... Moni-Trol Level II Chemistry Control, As- Bottle: 9ml (Lyophilized Material) ...... 01/20/84 sayed, Special Order Request. B5103- XXX, B5113-XXX. Baxter Diagnostics Inc...... Moni-Trol Level II.X Special Order Re- Bottle: 18ml (Lyophilized Material) ...... 06/30/83 quest B5106-6X. Baxter Diagnostics Inc...... Moni-Trol. ES Level I Chemistry Control, Bottles: 9ml, 6.7ml (Lyophilized Material) . 07/15/83 Assayed.. Baxter Diagnostics Inc...... Moni-Trol. ES Level I.X Special Order Bottle: 18ml, 9ml (Lyophilized Material) ... 06/27/86 Request Catalog No. B5106-75AAA Catalog No. B5106-1XAAA. Baxter Diagnostics Inc...... Moni-Trol. ES Level II Chemistry Control, Bottle: 9ml, 6.7ml (Lyophilized Material) .. 07/15/83 Assayed. Baxter Diagnostics Inc...... Moni-Trol. ES Level II.X Special Order Bottle: 18ml, 9ml (Lyophilized Material) ... 06/27/86 Request Catalog No. B5106-85AAA Catalog No. B5106-2XAAA. Baxter Diagnostics Inc...... Owren's Veronal Buffer ...... Bottle: 18ml ...... 08/16/71 Baxter Diagnostics Inc...... Paramax Phenobarbital Calibrator I, II, III, Kit: 6 Glass Bottles; 6ml each ...... 07/07/93 Cat. ι B-6109-11. Baxter Diagnostics Inc...... Paramax Phenobarbital Calibrator Level II Glass Bottle: 6ml ...... 07/07/93 Baxter Diagnostics Inc...... Paramax Phenobarbital Calibrator Level Glass Bottle: 6ml ...... 07/07/93 III. Baxter Diagnostics Inc...... Status Estradiol Conjugate ...... Vial: 8ml ...... 03/12/93 Baxter Diagnostics Inc...... Stratus Phenobarbital Calibrators B, C, D, Glass Vial: 3ml ...... 06/27/83 E, & F. Baxter Diagnostics Inc...... Stratus Phenobarbital Conjugate ...... Glass Vial: 6ml ...... 01/25/82 Baxter Diagnostics Inc...... Stratus Phenobarbital Fluorometric En- Kit: 120 tests ...... 03/10/87 zyme Immunoassay Kit (Catalog No. B5700-22). Baxter Diagnostics Inc...... Thrombin Reagent (Bovine) ...... Bottle: 5ml (Lyophilized Material) Vial: 08/16/71 5ml Carton: 10 vials, Cat.No. 28 10 12. Baxter Diagnostics, Inc...... Status Estradiol Antibody Solution ...... Vial: 33.5ml ...... 03/12/93 Beckman Instruments, Inc...... Beckman B-1 Buffer ...... Plastic Vial: 15 g...... 05/22/79 Beckman Instruments, Inc...... Beckman Buffer B-2 ...... Packet: 18.16 g...... 04/24/71 Beckman Instruments, Inc...... Beckman ICS Drug Calibrators A, B, C, Vials: 5ml ...... 10/29/80 D, and E.. Beckman Instruments, Inc...... Beckman ICS Drug Control Sera ...... Kit containing: 6-1ml bottles...... 11/11/80 Beckman Instruments, Inc...... Beckman ICS Phenobarbital Conjugate ... Vial: 5ml ...... 10/29/80 Beckman Instruments, Inc...... Beckman LD Buffer ...... Bottle: 14.3 grams ...... 07/31/86 Beckman Instruments, Inc...... Beckman LD Buffer ...... Bottle: 14.3 grams ...... 07/31/86 15972 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Beckman Instruments, Inc...... Paragon Electrophoresis System: Alkaline Plastic Tray: 3.5ml, Box: 10 trays, Kit: 10 05/19/89 Phosphatase Isoenzyme trays. Electrophoresis (Isopal) Kit. Beckman Instruments, Inc...... Paragon Electrophoresis System: High Plastic Tray: 3.5ml, Box: 10 trays, Kit: 10 05/19/89 Resolution Electrophoresis (HRE) Kit. trays. Beckman Instruments, Inc...... Paragon Electrophoresis System: Plastic Tray: 3.5ml, Box: 10 trays, Kit: 10 05/19/89 Immunoelectrophoresis (IEP) Kit. trays. Beckman Instruments, Inc...... Paragon Electrophoresis System: Plastic Tray: 3.5ml ...... 07/31/86 Immunofixation Electrophoresis (IFE) Kit. Beckman Instruments, Inc...... Paragon Electrophoresis System: Lactate Plastic Tray: 3.5ml ...... 07/31/86 Dehydrogenase Isoenzyme Electrophoresis (LD) Kit. Beckman Instruments, Inc...... Paragon Electrophoresis System: Plastic Tray: 3.5 ml, Box: 10 trays, Kit: 10 05/19/89 Lipoprotein Electrophoresis (LIPO) Kit. trays. Beckman Instruments, Inc...... Paragon Electrophoresis System: Protein Plastic Tray: 3.5ml ...... 07/31/86 Electrophoresis (SPE-II) Kit. Beckman Instruments, Inc...... Paragon Electrophoresis System: Serum Plastic Tray: 3.5ml, Box: 10 trays, Kit: 10 05/19/89 Protein Electrophoresis (SPE) Kit. trays. Beckman Instruments, Inc...... Synchron Control: Multilevel Comprehen- Plastic Bottle: 20ml; Kit: 6 bottles ...... 05/13/91 sive Chemistry Control Serum Levels I, II, III. Beckman Instruments, Inc...... Triad LINK Comprehensive Custom Plastic Bottle: 20ml; Box: 20 Bottles ...... 05/13/91 Unassayed Chemistry Control Serum Levels I, II, III. Beckman Instruments, Inc...... Triad NYSPATH Comprehensive Custom Plastic Bottle: 20ml; Box 20 Bottles ...... 05/13/91 Unassayed Chemistry Control Serum Levels I, II, III. Beckman Instruments, Inc...... Vigil PRx Multilevel Protein/Drug Control Plastic Bottle: 10ml; Kit: 6 Bottles ...... 05/13/91 Serum Levels I, II, III. Becton Dickinson & Company ...... IQ Immunochemistry System, Thyroid Kit: 25 tests ...... 06/30/87 Stimulating Hormone Catalog No. 3010. Becton Dickinson & Company ...... Neonatal T4 Tracer, Catalog ι264015 ...... Bottle: 125ml ...... 01/15/92 Becton Dickinson & Company ...... T3 Tracer Solution Catalog No. 237728 ... Bottle: 125ml ...... 09/27/78 Becton Dickinson & Company ...... TSH [125I] Tracer, Catalog No. 259624 ... Clear vial: 10ml ...... 09/04/86 Behring Diagnostics ...... IEP Buffer, 793001 pH 8.2 ...... Foil Pouch: 6.5 g...... 09/17/79 Behring Diagnostics ...... Immuno-tec II Agarose Plate, 839013, Foil Pouch: ≥5.35≥ x ≥5.25≥ ...... 09/17/79 850013. Bio-Metric Systems, Incorporated ...... Cocaine-Enzyme Conjugate ...... Vial: 250ml, 100ml, 50ml ...... 07/07/92 Bio-Metric Systems, Incorporated ...... Cocaine-ImmunoPrime Modified Carrier .. Vial: 50ml, 10ml ...... 07/07/92 Bio-Metric Systems, Incorporated ...... Morphine-Enzyme Conjugate ...... Vial: 250ml, 100ml, 50ml ...... 07/07/92 Bio-Metric Systems, Incorporated ...... Morphine-ImmunoPrime Modified Carrier . Vial: 50ml, 10ml ...... 07/07/92 Bio-Metric Systems, Incorporated ...... Phencyclidine-Enzyme Conjugate ...... Vial: 250ml, 100ml, 50ml ...... 07/07/92 Bio-Metric Systems, Incorporated ...... Phencyclidine-ImmunoPrime Modified Vial: 50ml, 10ml ...... 07/07/92 Carrier. Bio-Metric Systems, Incorporated ...... Tetrahydrocannabinol-Enzyme Conjugate Vial: 250ml, 100ml, 50ml ...... 07/07/92 Bio-Metric Systems, Incorporated ...... Tetrahydrocannabinol-ImmunoPrime Car- Vial: 50ml, 10ml ...... 07/07/92 rier. Bio-Rad Laboratories ...... Benzodiazepines/Tricyclic Kit: 100 tests ...... 02/08/90 Antidepressants by HPLC. Bio-Rad Laboratories ...... CoTube Estradiol Tracer ...... Glass Bottle: 125ml ...... 07/28/93 Bio-Rad Laboratories ...... Dade Urine Chemistry Control Levels I Vial: 20 ml, 50 ml ...... 01/05/88 AND II. Bio-Rad Laboratories ...... Dade Urine Toxiology Control ...... Vial: 50 ml ...... 01/05/88 Bio-Rad Laboratories ...... Internal Standard ...... Amber vial: 30ml Flask: 200ml-2000ml .... 02/08/90 Bio-Rad Laboratories ...... Methadone/Methadone Metabolite Rea- 400 tests ...... 09/17/90 gent Kit. Bio-Rad Laboratories ...... Quantaphase Thyroxine RIA-125I Tracer/ Plastic bottle: 60ml, 260ml ...... 05/06/81 Dissociating Reagent. Bio-Rad Laboratories ...... Quantaphase Thyroxine RIA-Thyroxine Plastic bottle: 60ml, 260ml ...... 05/06/81 Immunobeads. Bio-Rad Laboratories ...... Quantimune Barbital Buffer ...... Plastic Bottle: 1000ml, 250ml, 200ml ...... 05/31/78 Bio-Rad Laboratories ...... Quantimune Radioimmunoassay T-4 Vial: 10 ml ...... 07/21/76 Tracer, Iodine-125. Bio-Rad Laboratories ...... Quantimune T-3 RIA Barbital Buffer ...... Bottle: 220ml ...... 09/24/82 Bio-Rad Laboratories ...... Quantimune T-3 RIA Test Kit ...... Kit: 500 tests, 100 tests ...... 05/31/78 Bio-Rad Laboratories ...... Quantimune T-4 RIA Kit ...... Kit: 500 tests ...... 07/01/77 Bio-Rad Laboratories ...... Quantimune T-4 RIA Test Kit ...... Kit: 5000 tests, 100 tests ...... 05/31/78 Bio-Rad Laboratories ...... Quantimune Thyroxine Plastic Bottle with Screw cap: 1 liter ...... 07/01/77 Radioimmunoassay Barbital Buffer. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15973

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Bio-Rad Laboratories ...... Quantimune Thyroxine Glass Serum Vial: 10 ml ...... 07/01/77 Radioimmunoassay T-4 125I Tracer/ Dissociating Agent. Bio-Rad Laboratories ...... REMEDI DPS Check Mix ...... Vial: 20ml, Flask: 1L-10L ...... 09/17/90 Bio-Rad Laboratories ...... REMEDI DPS Internal Standard Com- Vial: 20ml, Flask: 250ml-6000ml ...... 09/17/90 bination. Bio-Rad Laboratories ...... REMEDI DPS Internal Standard One ...... Vial: 20ml, Flask: 250ml-2500ml ...... 09/17/90 Bio-Rad Laboratories ...... REMEDI DPS Internal Standard Two ...... Vial: 20ml, Flask: 250ml-5000ml ...... 09/17/90 Bio-Rad Laboratories ...... REMEDI DPS Urine Calibrator ...... Vial: 20ml, Flask: 1L-10L ...... 09/17/90 Bio-Rad Laboratories ...... Serum Calibrator 1 ...... Amber vial: 20ml Polypropylene con- 02/08/90 tainer: 20L. Bio-Rad Laboratories ...... Serum Calibrator 2 ...... Amber vial: 20ml Polypropylene con- 02/08/90 tainer: 20L. Bio-Rad Laboratories ...... Serum Calibrator for Benzodiazepines/ Box: 2 vials ...... 02/08/90 Tricyclics, Contains 2. Bio-Rad Laboratories ...... T-4 Competitive Binding Reagent, Iodine- Bottle: 385 ml ...... 07/21/76 125. Bio-Rad Laboratories (ECS Division) ...... Liquichek Therapeutic Drug Monitoring Vial: 10ml ...... 06/01/94 Control (TDM), Levels 1, 2, 3. Bio-Rad Laboratories (ECS Division) ...... Liquichek Unassayed Chemistry Control Vial: 20ml ...... 06/01/94 (Human) Levels 1, 2. Bio-Rad Laboratories (ECS Division) ...... Lyphochek Fertility Control Serum Vial: 10ml ...... 06/01/94 (Human) Levels 1, 2, 3. Bio-Rad Laboratories (ECS Division) ...... Lyphochek Urine Toxicology Screen-Low Vial: 20ml ...... 06/01/94 Control. Bio-Rad Laboratories, (Chemical Division) Barbital Buffer ...... Vial: 10ml ...... 07/21/76 Bio-Rad Laboratories, (Chemical Division) Barbital Buffer Powder ...... Plastic bottle: 250 ml ...... 09/09/77 Bio-Rad Laboratories, (Chemical Division) Barbital Buffer Powder ...... Plastic bottle: 250ml ...... 07/21/76 Bio-Rad Laboratories, (Chemical Division) Barbital Buffer-Dry Pack ...... Packages: 9.11 g., 18.21 g., 12.14 g...... 05/09/74 Bio-Rad Laboratories, (Chemical Division) Bio-Rad Electrophoresis Buffer ...... Bottle: 500ml ...... 12/14/72 Bio-Rad Laboratories, (Chemical Division) Electrophoresis Buffer, Dry-Pack ...... Package: ; 6.15 g...... 12/14/72 Bio-Rad Laboratories, (Chemical Division) Immunoelectrophoresis Barbital Buffer I, Dry-pack: ; 25.6 g...... 08/06/75 pH 8.6. Bio-Rad Laboratories, (Chemical Division) Immunoelectrophoresis Barbital Buffer II, Dry-pack: ; 15.61 g...... 08/06/75 pH 8.6. Bio-Rad Laboratories, (Chemical Division) Immunoelectrophoresis Barbital Buffer III, Dry-pack: ; 6.82 g...... 01/22/76 pH 8.6. Bio-Rad Laboratories, (Chemical Division) Immunoelectrophoresis Barbital Buffer III- Dry-pack: ; 15.07 g...... 08/06/75 a, pH 8.8. Bio-Rad Laboratories, (Chemical Division) Reagent No. 3 ...... Bottle: 165 ml ...... 12/14/72 Bio-Rad Laboratories, (Clinical Division) ... Benzodiazepines/Tricyclics/Plasma Polypropylene Container: 15L - 100L ...... 03/28/91 Catecholamines (BZ/TCA/pCats) Serum Calibrators Bulk Preparations. Bio-Rad Laboratories, (Clinical Division) ... Plasma Catecholamines by HPLC, 100 Kit: 100 Test ...... 03/28/91 Test. Bio-Rad Laboratories, (Clinical Division) ... Plasma Catecholamines by HPLC, Serum Vial: 20ml; Set: 6 vials ...... 03/28/91 Calibrator Set, 1x6 vials. Bio-Rad Laboratories, (ECS Division) ...... Benzo/TCA Control Levels I & II ...... Vial: 10ml; Box: 6 vials ...... 03/20/91 Bio-Rad Laboratories, (ECS Division) ...... Blind Performance Specimen Set Cat. Kit: 5 bottles ...... 09/14/90 ι610. Bio-Rad Laboratories, (ECS Division) ...... LYPHOCHEK Assayed Chemistry Control Vials: 10 ml. each ...... 04/13/88 Serum (Human) Levels I and II. Bio-Rad Laboratories, (ECS Division) ...... LYPHOCHEK Immunoassay Plus Control Vial: 10ml; Kit: 12 vials ...... 09/14/90 Serum Levels 1-3. Bio-Rad Laboratories, (ECS Division) ...... LYPHOCHEK Urine Toxicology Control- Box: 10 vials; Vial: 50ml ...... 09/14/91 Confirm. Bio-Rad Laboratories, (ECS Division) ...... LYPHOCHEK Urine Toxicology Control- Vials: 20 ml. each ...... 04/13/88 Law. Bio-Rad Laboratories, (ECS Division) ...... LYPHOCHEK Urine Toxicology Control- Box: 10 vials; Vial: 20ml ...... 09/14/90 Screen. Bio-Rad Laboratories, (ECS Division) ...... Lyphochek Immunoassay Control Levels Vial: 10 ml ...... 09/24/87 I, II, III. Bio-Rad Laboratories, (ECS Division) ...... Lyphochek Quantitative Urine Control Vial: 20 ml, 50 ml ...... 09/24/87 Levels I and II. Bio-Rad Laboratories, (ECS Division) ...... Lyphochek Therapeutic Drug Monitoring Vial: 10ml ...... 08/20/84 Control (TDM), Levels I, II, III. Bio-Rad Laboratories, (ECS Division) ...... Lyphochek Unassayed Chemistry Control Vial: 20 ml ...... 09/24/87 (Bovine) Levels I, II. Bio-Rad Laboratories, (ECS Division) ...... Lyphochek Unassayed Chemistry Control Vial: 20 ml ...... 09/24/87 (Human) Levels I, II. Bio-Rad Laboratories, (ECS Division) ...... Positive for Amphetamines ...... Bottle: 90ml ...... 09/14/90 Bio-Rad Laboratories, (ECS Division) ...... Positive for Cocaine ...... Bottle: 90ml ...... 09/14/90 15974 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Bio-Rad Laboratories, (ECS Division) ...... Positive for Marihuana ...... Bottle: 90ml ...... 09/14/90 Bio-Rad Laboratories, (ECS Division) ...... Positive for Opiates ...... Bottle: 90ml ...... 09/14/90 Bio-Rad Laboratories, (ECS Division) ...... Positive for Phencyclidine ...... Bottle: 90ml ...... 09/14/90 Bio-Rad Laboratories, (ECS Division) ...... Urine Toxicology Control No. C-470-25 ... Amber Vial: 50ml ...... 09/19/79 Biodiagnostic International ...... Liqui-Ura Toxic Control ...... Vial: 5ml ...... 03/11/85 Biopool International ...... Drugs of Abuse Controls GC/MS L-2, L-3 Kit: 6 Vials ...... 01/04/94 and L-4. Biopool International ...... Drugs of Abuse Controls GC/MS L-2, L-3 Vial: 12ml ...... 01/04/94 and L-4. Biopool International ...... Drugs of Abuse Controls L-2, L-3 and L-4 Kit: 6 Vials ...... 01/04/94 Biopool International ...... Drugs of Abuse Controls L-2, L-3 and L-4 Vial: 12ml ...... 01/04/94 Bioscientific Corp...... ECA Buffer, Catalog No. ECA 05805 ...... Plastic Packet: 18.0 g., 10 packets per 07/14/77 box. Bioscientific Corp/ECA ...... Agarose Barbital Buffer CSB 470182 ...... Vial: 7 drams ...... 11/15/90 Bioscientific Corp/ECA ...... Agarose Barbital Buffer ECA 470182 ...... Vial: 12 drams; Box: 3 vials ...... 11/15/90 Bioscientific Corp/ECA ...... Agarose Barbital-EDTA Buffer ECA Vial: 12 drams, Box: 3 vials ...... 11/15/90 470180. Bioscientific Corp/ECA ...... ECA Buffer ECA 0320024 ...... Vial: 12 drams, Box: 12 vials ...... 11/15/90 Bioscientific Corp/ECA ...... General Procedure Agarose Film ιECA Plastic Tray 4.5≥x5≥, Kit: 10 trays ...... 09/10/90 470100. Bioscientific Corp/ECA ...... LD Agarose Gel ιCSB 102 ...... Plastic Tray: 3≥x5≥, Kit: 10 trays ...... 09/10/90 Bioscientific Corp/ECA ...... Protein Agarose Gel ιPSB 103 ...... Plastic Tray 3≥x5≥, Kit: 10 trays ...... 09/10/90 Biosite Diagnostics ...... Alprazolam Stock Solution, 31366 ...... Vial: 2ml ...... 05/26/92 Biosite Diagnostics ...... Alprazolam Threshold Control Calibrators Flask: 250ml ...... 05/26/92 2-6; 31446-31450. Biosite Diagnostics ...... Amphetamine Enzyme Conjugate 31111, Vial: 100ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Amphetamine QC Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Amphetamine QC Control (Bulk) ...... Bottle: 0.5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Barbiturate Conjugate ...... Plastic Bottles: 2ml - 60 ml ...... 11/30/90 Biosite Diagnostics ...... Barbiturate Conjugate Control ...... Vial: 0.5, 1, 2, 5, 15, 50ml ...... 03/28/94 Biosite Diagnostics ...... Barbiturate Derivative ...... Vial: 8, 16, 32 ml ...... 11/30/90 Biosite Diagnostics ...... Barbiturate Enzyme Conjugate 31110, Vial: 100ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Barbiturate QC Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Barbiturate QC Control (Bulk) ...... Bottle: 5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Barbiturate Threshold Control Calibrators Flask: 250ml ...... 05/26/92 2-6; 31356-31360. Biosite Diagnostics ...... Benzodiazepine Controls, 1-6 31088- Vial: 50ml, 1.5ml ...... 10/24/91 31093, 7-11 31098-31102, Bulk Formu- lation. Biosite Diagnostics ...... Benzodiazepine QC Control 3 ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Benzodiazepines QC Control 1 ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Benzodiazepines QC Control 1 (Bulk) ...... Bottle: 0.5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Benzodiazepines QC Control 2 ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Benzodiazepines QC Control 2 (Bulk) ...... Bottle: 0.5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Benzodiazepines QC Control 3 (Bulk) ...... Bottle: 0.5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Benzoylecgonine Conjugate ...... Plastic Bottles: 2ml - 60 ml ...... 11/30/90 Biosite Diagnostics ...... Benzoylecgonine Conjugate II, III, IV, & V Vial: 1.5ml ...... 03/14/91 Biosite Diagnostics ...... Benzoylecgonine Conjugate II, III, IV, & V Bottle: 5, 15, 30 & 60 ml ...... 03/14/91 Bulk. Biosite Diagnostics ...... Benzoylecgonine Controls, 1-5 31041- Vial: 50ml, 1.5ml ...... 10/24/90 31045, Bulk Formulation. Biosite Diagnostics ...... Benzoylecgonine Enzyme Conjugate Vial: 100ml, 1.5ml ...... 10/24/90 31105, Bulk Formulation. Biosite Diagnostics ...... Benzoylecgonine Enzyme Conjugate II .... Vial: 1.5ml ...... 03/14/91 Biosite Diagnostics ...... Benzoylecgonine Standards, 1-6 31035- Vial: 50ml, 1.5ml ...... 10/24/90 31040, Bulk Formulation. Biosite Diagnostics ...... Benzoylecgonine Stock Solution, 31322 .. Vial: 2ml ...... 05/26/92 Biosite Diagnostics ...... Benzoylecgonine Threshold Control Cali- Flask: 250ml ...... 05/26/92 brators 2-6; 31341-31345. Biosite Diagnostics ...... Cocaine QC Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Cocaine QC Control (Bulk) ...... Bottle: 0.5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Conjugate (Intermediate) ...... Vial: 2, 5, 15, 50, 60, 100, 250, 500, 03/28/94 1000, 2000ml. Biosite Diagnostics ...... Conjugate Bead, Intervention ...... Bottle: 15, 50, 100, 250, 500, 1000, 11/09/93 2000ml. Biosite Diagnostics ...... Conjugate Bead, TCA ...... Bottle: 15, 50, 100, 250, 500, 1000, 11/09/93 2000ml. Biosite Diagnostics ...... Conjugate Beads (Bulk) ...... Bottles: 15, 50, 100, 250, 500, 1000, 11/30/90 2000ml. Biosite Diagnostics ...... Conjugate Beads Triage MTD ...... Vial: 15, 50, 100, 250, 500, 1000, 2000ml 03/28/94 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15975

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Biosite Diagnostics ...... Conjugate Beads Triage and MTD ...... Vial: 15, 50, 100, 250, 500, 1000, 2000ml 03/28/94 Biosite Diagnostics ...... D-Amphetamine Stock Solution, 31323 .... Vial: 2ml ...... 05/26/92 Biosite Diagnostics ...... D-Amphetamine Threshold Control Cali- Flask: 250ml ...... 05/26/92 brator, 31376. Biosite Diagnostics ...... D-Methamphetamine Stock Solution, Vial: 2ml ...... 05/26/92 31324. Biosite Diagnostics ...... D-Methamphetamine Threshold Control Flask: 250 ml ...... 05/26/92 Calibrator, 31381. Biosite Diagnostics ...... Drugs of Abuse Controls-Level 2, Positive Pack: 6 Vials; 5ml/vial ...... 12/14/94 Biosite Diagnostics ...... Drugs of Abuse Controls-Level 3, Hi-Posi- Pack: 6 Vials; 5ml/vial ...... 12/14/94 tive. Biosite Diagnostics ...... Estazolam TTC Stock Solution ...... Vial: 1ml ...... 11/09/93 Biosite Diagnostics ...... Estazolam Threshold Control Calibrators Vial: .25-1ml ...... 11/09/93 2-6. Biosite Diagnostics ...... Estazolam Threshold Control Calibrators Vial: 5-20ml ...... 11/09/93 2-6 Bulk Formulation. Biosite Diagnostics ...... Flurazepam Enzyme Conjugate 31109, Vial: 100ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Flurazepam Standards, 1-7 31081-31087, Vial: 50ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Intervention Bead Solution ...... Vial: 2, 5, 15, 50, 100, 250, 500ml ...... 03/28/94 Biosite Diagnostics ...... Intervention Conjugate (Bulk) ...... Bottled/Flask: .1L-4L ...... 11/09/93 Biosite Diagnostics ...... Labeled Benzoylecgonine Conjugate ...... Plastic Bottles: 0.5, 1, 2 & 5 L ...... 11/30/90 Biosite Diagnostics ...... Labeled Conjugate Mixture 13 ...... Vial: 2, 5, 15, 50, 100, 250, 500ml ...... 03/28/94 Biosite Diagnostics ...... Labeled Conjugate Mixture 2 ...... Plastic Bottles: 10ml- 1L ...... 11/30/90 Biosite Diagnostics ...... Labeled Conjugate Mixture 5 ...... Bottles: 2, 5, 15, 50, 100, 250, 500ml ...... 10/29/91 Biosite Diagnostics ...... Labeled Conjugate Mixture 7 ...... Bottle: 20L, 10L, 5L, 1L ...... 12/22/92 Biosite Diagnostics ...... Labeled Conjugate Mixture 9 ...... Plastic Bottles: 0.5, 1, 2 & 5 L ...... 11/30/90 Biosite Diagnostics ...... Labeled Morphine Conjugate ...... Plastic Bottles: 0.5, 1, 2 & 5 L ...... 11/30/90 Biosite Diagnostics ...... Labeled TCA Conjugate ...... Bottled/Flask: 2, 5, 15, 50, 60, 100, 250, 11/09/93 260, 500, 1000, 2000ml. Biosite Diagnostics ...... Labeled THC Conjugate ...... Plastic Bottles: 10ml - 1L ...... 11/30/90 Biosite Diagnostics ...... Labeled THC Conjugate (Mixture 13) ...... Flask: 500, 250, 100, 50, 15, 5, 2ml ...... 03/28/94 Biosite Diagnostics ...... Labeled THC Conjugate Mixture 4 ...... Bottles: 2, 5, 15, 50, 100, 250, 500ml ...... 10/29/91 Biosite Diagnostics ...... Labeled Triage MTD Conjugate (Bulk) ..... Vial: 2, 5, 15, 50, 60, 100, 250, 260, 03/28/94 500ml. Biosite Diagnostics ...... Lorazepam Enzyme Conjugate 31108, Vial: 100ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Lorazepam Standards, 1-4 31094-31097, Vial: 50ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Lormetazepam Stock Solution ...... Vial: 1ml ...... 11/09/93 Biosite Diagnostics ...... Methadone Control ...... Vial: 2ml ...... 12/22/92 Biosite Diagnostics ...... Methadone Standards 1-6 ...... Vial: 2ml, 50ml ...... 12/22/92 Biosite Diagnostics ...... Methadone Stock Solution ...... Vial: 2ml, 50ml ...... 12/22/92 Biosite Diagnostics ...... Methamphetamine Enzyme Conjugate Vial: 100ml, 1.5ml ...... 10/24/90 31104, Bulk Formulation. Biosite Diagnostics ...... Methamphetamine QC Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Methamphetamine QC Control (Bulk) ...... Bottle: 5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Morphine Conjugate ...... Plastic Bottles: 2ml - 60 ml ...... 11/30/90 Biosite Diagnostics ...... Morphine Control 3 ...... Vial: 2ml, 50ml ...... 12/22/92 Biosite Diagnostics ...... Morphine Controls, 1-5 31076-31080, Vial: 50ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Morphine Enzyme Conjugate 31107, Bulk Vial: 100ml, 1.5ml ...... 10/24/90 Formulation. Biosite Diagnostics ...... Morphine Standard 6, 31220 Bulk Formu- Vial: 1.5ml, 5-20ml; Flask: 20-50ml ...... 03/14/91 lation. Biosite Diagnostics ...... Morphine Standards, 1-5 31071-31075, Vial: 50ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Morphine Stock Solution, 31325 ...... Vial: 2ml ...... 05/26/92 Biosite Diagnostics ...... Opiate QC Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Opiate QC Control (Bulk) ...... Bottle: 05.L - 10L ...... 10/29/91 Biosite Diagnostics ...... Opiate Threshold Control Calibrators 2-6; Flask: 250ml ...... 05/26/92 31346-31350. Biosite Diagnostics ...... PCP QC Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... PCP QC Control (Bulk) ...... Bottle: 0.5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Phencyclidine Control 7 Bulk Formulation Vial: 5-20ml ...... 11/09/93 Biosite Diagnostics ...... Phencyclidine Controls 5 -6, 31255-31256 Vial: 1.5ml, 5-20ml; Flask: 20-50ml ...... 03/14/91 Bulk Formulation. Biosite Diagnostics ...... Phencyclidine Controls, 1-4 31010-31013, Vial: 50ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Phencyclidine Enzyme Conjugate 31103, Vial: 100ml, 1.5ml ...... 10/24/90 Bulk Formulation. 15976 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Biosite Diagnostics ...... Phencyclidine Standard 7 ...... Vial: .25-1ml ...... 11/09/93 Biosite Diagnostics ...... Phencyclidine Standards 1-4 31006- Vial: 50ml, 1.5ml ...... 10/24/90 31009, Bulk Formulation. Biosite Diagnostics ...... Phencyclidine Standards 5-6, 31253- Vial: 1.5ml, 5-20 ml; Flask: 20-50ml ...... 03/14/91 31254 Bulk Formulation. Biosite Diagnostics ...... Phencyclidine Stock Solution, 31321 ...... Vial: 2ml ...... 05/26/92 Biosite Diagnostics ...... Phencyclidine Threshold Control Cali- Flask: 250ml ...... 05/26/92 brators 2-6; 31366-31370. Biosite Diagnostics ...... Phenobarbital Controls, 1-8 31063-31070, Vial: 50ml, 1.5ml ...... 10/24/90 Bulk Formulation. Biosite Diagnostics ...... Phenobarbital Standards, 1-8 31055- Vial: 50ml, 1.5ml ...... 10/24/90 31062, Bulk Formulation. Biosite Diagnostics ...... RT-5 Drugs of Abuse, Positive ...... Pack: 6 Vials; 5ml/vial ...... 12/14/94 Biosite Diagnostics ...... Secobarbital Stock Solution, 31326 ...... Vial: 2ml ...... 05/26/92 Biosite Diagnostics ...... THC Conjugate ...... Plastic Bottles: 2ml - 60 ml ...... 11/30/90 Biosite Diagnostics ...... THC Conjugate Control ...... Vial: 0.5, 1, 2, 5, 15, 50ml ...... 03/28/94 Biosite Diagnostics ...... THC Controls, 1-3 31052-31054, Bulk Vial: 50ml, 1.5ml ...... 10/24/90 Formulation. Biosite Diagnostics ...... THC Enzyme Conjugate 31106, Bulk For- Vial: 100ml, 1.5ml ...... 10/24/90 mulation. Biosite Diagnostics ...... THC QC Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... THC QC Control (Bulk) ...... Bottle: 0.5L - 10L ...... 10/29/91 Biosite Diagnostics ...... THC Standards, 1-6 31046-31051, Bulk Vial: 50ml, 1.5ml ...... 10/24/90 Formulation. Biosite Diagnostics ...... THC Standards, 7-9 ...... Vial: .25-1ml ...... 11/09/93 Biosite Diagnostics ...... THC Standards, 7-9 Bulk Formulation ..... Vial: 5-20ml ...... 11/09/93 Biosite Diagnostics ...... THC Threshold Control Calibrators 2-6; Flask: 250ml ...... 05/26/92 31371-31375. Biosite Diagnostics ...... Temazepam Stock Solution, 31337 ...... Vial: 2ml ...... 05/26/92 Biosite Diagnostics ...... Temazepam Threshold Control Cali- Flask: 250ml ...... 05/26/92 brators 2-6; 31451-31455. Biosite Diagnostics ...... Threshold Control A & B ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Threshold Control A & B (Bulk) ...... Bottle: 1L - 20L ...... 10/29/91 Biosite Diagnostics ...... Threshold Controls C, D, E, F, G, H ...... Vial: 3.5-5ml ...... 11/09/93 Biosite Diagnostics ...... Thresholds C, D, E, F, G, H Bulk Solution Bottle: 1-5ml ...... 11/09/93 Biosite Diagnostics ...... Triage 6 Panel for Drugs of Abuse ...... Box: 10, 25 cassettes ...... 10/05/92 Biosite Diagnostics ...... Triage 7 Conjugate ...... Vial: 2, 5, 15, 50, 60, 100, 250, 260, 03/28/94 500ml. Biosite Diagnostics ...... Triage 8 Panel for Drugs of Abuse ...... Box: 3, 10, 25 Cassettes ...... 03/23/94 Biosite Diagnostics ...... Triage 8 Panel for Drugs of Abuse ...... Box: 3, 10, 25 Cassettes ...... 03/28/94 Biosite Diagnostics ...... Triage 8 Panel for Drugs of Abuse ...... Pouch: 1 Cassette ...... 03/28/94 Biosite Diagnostics ...... Triage DOA Demo Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Triage DOA Demo Control (Bulk) ...... Bottle: 0.5L - 10L ...... 10/29/91 Biosite Diagnostics ...... Triage Drug Screen Control ...... Vial: 5ml ...... 10/29/91 Biosite Diagnostics ...... Triage Drug Screen Control (Bulk) ...... Bottle: 0.5 - 20L ...... 10/29/91 Biosite Diagnostics ...... Triage Intervention Panel for Drugs of Box: 10, 25 Pouches ...... 11/09/93 Abuse. Biosite Diagnostics ...... Triage Intervention Test Device ...... Pouch: 1 each ...... 11/09/93 Biosite Diagnostics ...... Triage Panel for Drugs of Abuse ...... Box: 10, 25 cassettes ...... 11/30/90 Biosite Diagnostics ...... Triage Panel for Drugs of Abuse Plus Tri- Box: 10, 25 Pouches ...... 11/09/93 cyclic Antidepressants. Biosite Diagnostics ...... Triage Panel for Drugs of Abuse Plus Box; 3, 10, 25 Cassettes ...... 03/23/94 methadone. Biosite Diagnostics ...... Triage Panel for Drugs of Abuse plus Box: 3, 10, 25 Cassettes ...... 03/28/94 Methadone. Biosite Diagnostics ...... Triage Panel for Drugs of Abuse plus Pouch: 1 Cassette ...... 03/28/94 Methadone Test Device. Biosite Diagnostics ...... Triage Panel for Drugs of Abuse plus Tri- Kit: 25 Tests ...... 11/01/93 cyclic Antidepressants, Catι92000. Biosite Diagnostics ...... Triage Panel for Drugs of Abuse plus Tri- Kit: 10 Tests ...... 11/01/93 cyclic Antidepressants, Catι92010. Biosite Diagnostics ...... Triage Plus TCA Test Device ...... Pouch: 1 each ...... 11/09/93 Biosite Diagnostics ...... Triage Test Device ...... Metallic Pouch: 1 each ...... 11/30/90 Biosite Diagnostics ...... Triage and MTD Conjugate (Bulk) ...... Vial: 2, 5, 15, 50, 60, 100, 250, 260, 03/28/94 500ml. Biosite Diagnostics ...... Triage-7 Conjugate Beads ...... Bottle: 15, 50, 100, 250, 500, 1000, 12/22/92 2000ml. Biosite Diagnostics ...... Triage-7 Device ...... Pouch: 1 cassette ...... 12/22/92 Biosite Diagnostics ...... Triage-7 Panel for Drugs ...... Box: 10, 25 cassettes ...... 12/22/92 Biosite Diagnostics ...... d-Amphetamine Controls, 1-5 31030- Vial: 50ml, 1.5ml ...... 10/24/90 31034, Bulk Formulation. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15977

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Biosite Diagnostics ...... d-Amphetamine Standards, 1-6 31024- Vial: 50ml, 1.5ml ...... 10/24/90 31029, Bulk Formulation. Biosite Diagnostics ...... d-Methamphetamine Controls 5-6, 31020, Vial: 1.5ml, 20-50ml; Flask: 20-50ml ...... 03/14/91 31257 Bulk Formulation. Biosite Diagnostics ...... d-Methamphetamine Controls, 1-4 31020- Vial: 50ml, 1.5ml ...... 10/24/90 31023, Bulk Formulation. Biosite Diagnostics ...... d-Methamphetamine Standards, 1-6 Vial: 50ml, 1.5ml ...... 10/24/90 31014-31019, Bulk Formulation. Boehringer Mannheim ...... 2a Amph ED Reagent for 500ml; Catι Vial: 500ml ...... 04/13/94 1300796. Boehringer Mannheim ...... 2a Amphetamines ED Reagent for 85 ml; Vial: 100ml ...... 04/13/94 Catι 1404234. Boehringer Mannheim ...... Amphetamine System Pack for 85ml; Kit: 4 Bottles ...... 04/13/94 Catι 81-3300. Boehringer Mannheim ...... Amphetamines Systems Pack for 500ml; Kit: 4 Bottles ...... 04/13/94 Catι 81-3400. Boehringer Mannheim ...... CEDI DAU 4-Drug Intermediate Calibrator Bottle: 10, 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU 4-Drug Cutoff Calibrator ...... Botle: 10, 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU 4-Drug High Calibrator ...... Bottle: 10, 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU 5-Drug Cutoff Calibrator ...... Bottle: 5, 15ml ...... 06/30/94 Boehringer Mannheim ...... CEDIA DAU Amphetamine Assay- Catι Kit: 4 Bottles; 18ml each ...... 07/19/94 83-3300 and 85-3300. Boehringer Mannheim ...... CEDIA DAU Barb/Benz 200 ...... Bottle: 10, 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU Barb/Benz 300 Calibrator .... Bottle: 10, 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU Barb/Benz High Calibrator ... Bottle: 10, 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU Barb/Benz Intermediate Cali- Bottle: 10, 15ml ...... 04/01/94 brator. Boehringer Mannheim ...... CEDIA DAU Cocaine Assay- Catι 83- Kit: 4 Bottles; 18ml each ...... 07/19/94 2300 and 85-2300. Boehringer Mannheim ...... CEDIA DAU Cocaine Assay; Catι 81- Kit: 4 Bottles, 85ml ...... 01/24/94 2300. Boehringer Mannheim ...... CEDIA DAU Cocaine Assay; Catι 81- Kit: 4 Bottles, 500ml ...... 01/24/94 2400. Boehringer Mannheim ...... CEDIA DAU Multi-Level THC Assay; Catι Kit: 4 Bottles, 85ml ...... 01/24/94 81-2700. Boehringer Mannheim ...... CEDIA DAU Multi-Level THC Assay; Catι Kit: 4 Bottles, 500ml ...... 01/24/94 81-2800. Boehringer Mannheim ...... CEDIA DAU Opiate Assay- Catι 83-2900 Kit: 4 Bottles; 18ml each ...... 07/19/94 and 85-2900. Boehringer Mannheim ...... CEDIA DAU Opiate Assay; Catι 81-2900 Kit: 4 Bottles, 85ml ...... 01/24/94 Boehringer Mannheim ...... CEDIA DAU Opiate Assay; Catι 81-3000 Kit: 4 Bottles, 500ml ...... 01/24/94 Boehringer Mannheim ...... CEDIA DAU Propoxyphene Assays; Kit: 4 Bottles ...... 11/30/94 18ml, 85ml, 500ml. Boehringer Mannheim ...... CEDIA DAU Propoxyphene Cutoff Cali- Vial: 10ml ...... 11/30/94 brator. Boehringer Mannheim ...... CEDIA DAU Propoxyphene High Cali- Vial: 10ml ...... 11/30/94 brator. Boehringer Mannheim ...... CEDIA DAU Propoxyphene Intermediate Vial: 10ml ...... 11/30/94 Calibrator. Boehringer Mannheim ...... CEDIA DAU THC 100ng/ml Calibrator ..... Bottle: 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU THC 150ng/ml Calibrator ..... Bottle: 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU THC 25ng/ml Calibrator ...... Bottle: 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU THC 50ng/ml Calibrator ...... Bottle: 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA DAU THC 75 ng/ml Calibrator ...... Bottle: 15ml ...... 04/01/94 Boehringer Mannheim ...... CEDIA Multi-Level THC Assay-CAtι 83- Kit: 4 Bottles; 18ml each ...... 07/19/94 2700 and 85-2700. Boehringer Mannheim ...... Multi-Drug Control Set, ι946380 ...... 2 Vials; 15ml/vial ...... 05/10/94 Boehringer Mannheim ...... Multi-Drug Set, ι946379 ...... 2 Vials; 5ml/vial ...... 05/10/94 Boehringer Mannheim ...... Propoxyphene Conjugate ...... Vial: 25ml ...... 11/30/94 Boehringer Mannheim ...... Propoxyphene Cutoff Bulk Calibrator ...... Carboy: 4L ...... 11/30/94 Boehringer Mannheim ...... Propoxyphene ED Bulk Reagent ...... Carboy: 25L ...... 11/30/94 Boehringer Mannheim ...... Propoxyphene ED Reagent ...... Vial: 7, 100, 190ml ...... 11/30/94 Boehringer Mannheim ...... Propoxyphene High Bulk Calibrator ...... Carboy: 4L ...... 11/30/94 Boehringer Mannheim ...... Propoxyphene Intermediate Bulk Cali- Carboy: 4L ...... 11/30/94 brator. Boehringer Mannheim ...... Propoxyphene Spiking Solution ...... Vial: 2L ...... 11/30/94 Boehringer Mannheim ...... Reference Propoxyphene Bulk Manufac- Carboy: 5L ...... 11/30/94 turing Calibrators E, F, G, H, I, J, K and Open. Boehringer Mannheim ...... Reference Propoxyphene Manufacturing Vial: 3, 5ml ...... 11/30/94 Calibrators E, F, G, H, I, J, K and Open. Boehringer Mannheim ...... Specialty Control Set 1, ι946381 ...... 2 Vials; 15ml/vial ...... 05/10/94 15978 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Boehringer Mannheim ...... Specialty Control Set 2, ι946383 ...... 2 Vials: 15ml/vial ...... 05/10/94 Boehringer Mannheim ...... THC 100 Control Set ...... Box: 2 Bottles; 15ml each ...... 06/30/94 Boehringer Mannheim ...... THC 100 Controls (High & Low) ...... Bottle: 15ml ...... 06/30/94 Boehringer Mannheim ...... THC 100 Controls (High & Low) Bulk ...... Carboy: 150L ...... 06/30/94 Boehringer Mannheim ...... THC 25 Control Set ...... Box: 2 Bottles; 15ml each ...... 06/30/94 Boehringer Mannheim ...... THC 25 Controls (High & Low) ...... Bottle: 15ml ...... 06/30/94 Boehringer Mannheim ...... THC 25 Controls (High & Low) Bulk ...... Carboy: 150L ...... 06/30/94 Boehringer Mannheim ...... THC 50 Control Set ...... Box: 2 Bottles; 15ml each ...... 06/30/94 Boehringer Mannheim ...... THC 50 Controls (High & Low) ...... Bottle: 15ml ...... 06/30/94 California Bionuclear Corporation ...... Amobarbital-2-C-14, Catalog No. 72077 .. Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 and 1.0 millicuries. California Bionuclear Corporation ...... Cocaine (methoxy-C-14) Catalog No. Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 72182. and 1.0 millicuries. California Bionuclear Corporation ...... D-Amphetamine (propyl-1-C-14) Sulfate, Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 Catalog No. 72078. and 1.0 millicuries. California Bionuclear Corporation ...... DL-Amphetamine (propyl-1-C-14) Sulfate, Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 Catalog No. 72079. and 1.0 millicuries. California Bionuclear Corporation ...... Meperidine (N-methyl-C-14) Hydro- Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 chloride, Catalog No. 72508. 1.0 millicuries. California Bionuclear Corporation ...... Mescaline (aminomethylene-C-14) Hydro- Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 chloride, Catalog No. 72512. 1.0 millicuries. California Bionuclear Corporation ...... Methadone (heptanone-2-C-14) Hydro- Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 chloride, Catalog No. 72516. 1.0 millicuries. California Bionuclear Corporation ...... Methamphetamine (propyl-1-C-14) Sul- Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 fate, Catalog No. 72517. 1.0 millicuries. California Bionuclear Corporation ...... Methylphenidate (carbonyl-C-14) Hydro- Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 chloride, Catalog No. 72550. 1.0 millicuries. California Bionuclear Corporation ...... Morphine (n-methyl-C-14) Hydrochloride, Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 Catalog No. 72560. 1.0 millicuries. California Bionuclear Corporation ...... Pentobarbital-2-C-14, Catalog No. 72618 Screw Cap Vial: 50 microcuries, 0.1, 0.5, 01/08/75 1.0 millicuries. California Bionuclear Corporation ...... Secobarbital-2-C-14, Catalog No. 72675 . Ampule: 50 microcuries, 0.1, 0.5, and 1.0 01/08/75 millicuries. Cambridge Medical Diagnostics, Incor- 125I Human Parathyroid Hormone 44-68 Vial: 5ml ...... 03/29/85 porated. Cambridge Medical Diagnostics, Incor- 125I-Tetraiodothyronine ...... Vial: 11ml ...... 03/29/85 porated. Cambridge Medical Diagnostics, Incor- 125I-Triiodothyronine ...... Vial: 11ml ...... 03/29/85 porated. Cambridge Medical Diagnostics, Incor- Donkey Anti Goat Gamma Globulin ...... Vial: 5ml ...... 03/29/85 porated. Cambridge Medical Diagnostics, Incor- Parathyroid Hormone (Human 1-84) 6 Vials: 5ml each ...... 03/29/85 porated. Standard. Cambridge Medical Diagnostics, Incor- Parathyroid Hormone Assay Buffer ...... Vial: 10ml ...... 03/29/85 porated. Cambridge Medical Diagnostics, Incor- T3 AntiSerum (Rabbit) ...... Vial: 11ml ...... 03/29/85 porated. Cambridge Medical Diagnostics, Incor- T3 Standard ...... Vial: 1ml ...... 03/29/85 porated. Cambridge Medical Diagnostics, Incor- T4 Antiserum (Rabbit) ...... Vial: 11ml ...... 03/29/85 porated. Cambridge Medical Diagnostics, Incor- T4 Standard ...... Vial: 1ml ...... 03/29/85 porated. Casco Standards ...... 1-(1-Phenylcyclohexyl)pyrrolidine Cross- Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Reactant. Plastic Cup: 125ml. Casco Standards ...... 1-Phenylcyclohexylamine Cross-Reactant Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/23/90 Plastic Cup: 125ml. Casco Standards ...... 1-[1-(2-thienyl)-cyclohexyl]-piperdine Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/23/90 Cross-Reactant. Plastic Cup: 125ml. Casco Standards ...... 1-[1-2(2-thienyl)-cyclohexyl]-pyrrolidine Cryo-vial: 1.1ml Box: 25, 50, 75 Plastic 03/23/90 Cross-Reactant. Cup: 125ml. Casco Standards ...... 11-OH-delta-8-THC Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... 11-OH-delta-9-THC Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic cup: 125ml. Casco Standards ...... 11-nor-delta-8-THC-9-carboxilic acid Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Cross-Reactant. Plastic Cup: 125ml. Casco Standards ...... 11-nor-delta-9-THC-9-carboxilic acid Cryo-vial: 1.1ml Box: 25, 50, 75 vials ...... 03/21/90 Cross-Reactant. Casco Standards ...... 8-B-11-diOH-delta-9-THC Cross-Reactant Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15979

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Casco Standards ...... 8-B-OH-delta-9-THC Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Allobarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastci Cup: 125ml. Casco Standards ...... Alphenal Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50 75 vials 03/21/90 Plastic cup: 125ml. Casco Standards ...... Alprazolam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Amobarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Aprobarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Barbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Benzoylecgonine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Benzphetamine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Bromazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Butabarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Butalbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Butethal Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Cannabidiol Cross-Reactant ...... Cryo-Vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Cannabinol Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic cup: 125ml. Casco Standards ...... Chlordiazepoxide Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Clonazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Cocaine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Cyclopentobarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Diazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Ecgonine HCl Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Ecgonine-methyl ester HCl hydrate Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Cross-Reactant. Plastic Cup: 125ml. Casco Standards ...... Fenfluramine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Flunitrazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Flurazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Halazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Hexobarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Lorazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... MDA Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... MDE Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... MDMA Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Medazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Midazolam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Nitrazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 03/21/90. Casco Standards ...... Nordiazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Oxazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. 15980 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Casco Standards ...... Pentobarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Phencyclidine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/23/90 Plastic Cup: 125ml. Casco Standards ...... Phenmetrazine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Phenobarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Phentermine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Pinazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Prazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Propylhexedrine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Secobarbital Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Talbutal Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Temazepam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... Triazolam Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... d-Amphetamine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... d-Methamphetamine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... l-Amphetamine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Casco Standards ...... p-OH-Amphetamine Cross-Reactant ...... Cryo-vial: 1.1ml Box: 25, 50, 75 vials 03/21/90 Plastic Cup: 125ml. Cayman Chemical Company ...... Testesterone ...... Vial: 3ml ...... 04/07/93 Ciba Corning Diagnostics Corp...... AACC Tox ...... Glass Vial: 30ml ...... 01/20/86 Ciba Corning Diagnostics Corp...... ACS Estradiol Component Sets ...... Kits: 3 Vials; 18 vials ...... 01/31/94 Ciba Corning Diagnostics Corp...... ACS Estradiol Component Sets Releas- Bottle: 30ml ...... 01/31/94 ing Reagent. Ciba Corning Diagnostics Corp...... ACS FT4 ...... Kit: 50 Test, 300 Test ...... 03/26/91 Ciba Corning Diagnostics Corp...... ACS FT4 Lite Reagent ...... Vial: 7ml ...... 03/26/91 Ciba Corning Diagnostics Corp...... ACS FT4 Lite Reagent ...... Vial: 7ml ...... 03/26/91 Ciba Corning Diagnostics Corp...... ACS FT4 Solid Phase ...... Vial: 26ml ...... 03/26/91 Ciba Corning Diagnostics Corp...... ACS Ferritin Lite Reagent ...... Vial: 7ml; Kit: 50, 300, 3000 Tests ...... 04/15/91 Ciba Corning Diagnostics Corp...... ACS Ferritin Solid Phase ...... Vial: 26ml; Kit: 50 Tests, 300 Tests ...... 04/15/91 Ciba Corning Diagnostics Corp...... ACS HCG Solid Phase ...... Vial: 26ml; Kit: 50 Tests, 300 Tests ...... 04/18/91 Ciba Corning Diagnostics Corp...... ACS Magnetic Check ...... Plastic Vial: 26ml ...... 06/18/91 Ciba Corning Diagnostics Corp...... ACS Magnetic Check II ...... Plastic Vial: 26ml ...... 06/18/91 Ciba Corning Diagnostics Corp...... ACS Multical E Pack (Low & High Cali- Kits: 4 Vials; 2 vials ...... 01/31/94 brator). Ciba Corning Diagnostics Corp...... ACS Multical High Calibrator ...... Vial: 10ml ...... 01/31/94 Ciba Corning Diagnostics Corp...... ACS Multical Low Calibrator ...... Vial: 10ml ...... 01/31/94 Ciba Corning Diagnostics Corp...... ACS Performance Verification Test Kit .... Kit: 6 Vials ...... 06/18/91 Ciba Corning Diagnostics Corp...... ACS T3 Kit ...... Kit: 50, 300, 3000 Tests ...... 07/22/91 Ciba Corning Diagnostics Corp...... ACS T3 Lite Reagent ...... Plastic Vial: 7ml ...... 07/22/91 Ciba Corning Diagnostics Corp...... ACS T3 Solid Phase ...... Plastic Vial: 26ml ...... 07/22/91 Ciba Corning Diagnostics Corp...... ACS T4 ...... Kit: 50 Test, 300 Test ...... 03/26/91 Ciba Corning Diagnostics Corp...... ACS T4 Lite Reagent ...... Vial: 7ml ...... 03/26/91 Ciba Corning Diagnostics Corp...... ACS T4 Solid Phase ...... Vial: 26ml ...... 03/26/91 Ciba Corning Diagnostics Corp...... ACS Testosterone Component Sets (50 Set: 2 Bottles ...... 03/28/94 Tests). Ciba Corning Diagnostics Corp...... ACS Testosterone Component Sets (500 Set: 12 Bottles ...... 03/28/94 Tests). Ciba Corning Diagnostics Corp...... ACS Testosterone Lite Reagent ...... Bottle: 10ml ...... 03/28/94 Ciba Corning Diagnostics Corp...... ACS Testosterone Releasing Agent ...... Bottle: 30ml ...... 07/20/94 Ciba Corning Diagnostics Corp...... ACS Wash Check Solid Phase ...... Plastic Vial: 26ml ...... 06/18/91 Ciba Corning Diagnostics Corp...... ALP Buffer Concentrate Cat. No. 470244 Plastic Bottle: 175ml ...... 10/28/91 Ciba Corning Diagnostics Corp...... ALP Gel/12 Cat. No. 470246 ...... 2 Plates: 24 Tests ...... 10/28/91 Ciba Corning Diagnostics Corp...... ALP Gel/8 Cat. No. 470243 ...... 2 Plates: 16 Tests ...... 10/28/91 Ciba Corning Diagnostics Corp...... ALP Gel/8 and Buffer Cat. No. 470240 .... Kit: 10 Plates; Plastic Bottle: 175ml ...... 10/28/91 Ciba Corning Diagnostics Corp...... Alkaline Hemoglobin Buffer Cat. No. Plastic Vial: 25 Drams ...... 10/28/91 470580. Ciba Corning Diagnostics Corp...... Alkaline Hemoglobin Kit/8 Cat. No. Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 470678. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15981

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Ciba Corning Diagnostics Corp...... CVM Chemistry (Calibration Verification Kit: 16 Vials; 5ml/vial ...... 06/14/94 Material for Chemistry), Levels 1 thru 8. Ciba Corning Diagnostics Corp...... Ciba Corning ANTICONV/ASTH I, II ...... Kit Contains: 10ml vial, 5 Vials each level 10/22/85 Ciba Corning Diagnostics Corp...... Ciba Corning TDM I ...... Vial: 5ml, 10 vials ...... 10/22/85 Ciba Corning Diagnostics Corp...... Ciba Corning TDM I, II & III ...... Kit Contains: 5 Vials each level ...... 10/22/85 Ciba Corning Diagnostics Corp...... Ciba Corning TDM II ...... Vial: 5ml, 10 vials ...... 10/22/85 Ciba Corning Diagnostics Corp...... Ciba Corning TDM III ...... Vial: 5ml, 10 vials ...... 10/22/85 Ciba Corning Diagnostics Corp...... Ciba Corning TOX I, II ...... Kit: Contains: 10ml vial, 5 Vials each 12/16/85 level. Ciba Corning Diagnostics Corp...... Ciba Corning Urine II ...... Vial: 30ml ...... 05/22/85 Ciba Corning Diagnostics Corp...... DAU I, No. 9076 ...... Glass vial: 25ml, Box: 10 vials ...... 05/23/89 Ciba Corning Diagnostics Corp...... DAU II No. 9077 ...... Glass Vial: 25ml, Box: 10 vials ...... 05/23/89 Ciba Corning Diagnostics Corp...... DAU III, No. 9078 ...... Glass vial: 25ml, Box: 10 Vials ...... 05/23/89 Ciba Corning Diagnostics Corp...... DAU IV, No. 9079 ...... Glass Vial: 25ml, Box: 10 Vials ...... 05/23/89 Ciba Corning Diagnostics Corp...... DAU V, No. 9085 ...... Glass Vial: 25ml; Box: 10 vials ...... 05/10/91 Ciba Corning Diagnostics Corp...... Double Four-Track Gel Cat. No. 470179 . Plate: 8 Tests; Kit: 12 Plates ...... 10/28/91 Ciba Corning Diagnostics Corp...... HDL Cholesterol Gel/8 and Buffer Cat. Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 No. 470618. Ciba Corning Diagnostics Corp...... High Resolution Protein Gel/8 Cat. NO. Kit: 12 Plates; 2 Plates: 16 Tests ...... 10/28/91 470201. Ciba Corning Diagnostics Corp...... High Resolution Protein Kit/8 Cat. No. Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 470682. Ciba Corning Diagnostics Corp...... Immophase Ferritin Controls ...... Glass Vial: 3 ml ...... 01/19/87 Ciba Corning Diagnostics Corp...... Immophase Ferritin Standards ...... Glass Vial: 5 ml ...... 09/16/86 Ciba Corning Diagnostics Corp...... Immunoelectrophoresis Gel/10 Cat. No. Kit: 12 Plates; 2 Plates: 20 Tests ...... 10/28/91 470090. Ciba Corning Diagnostics Corp...... Immunoelectrophoresis Kit/8 Cat. No. Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 470684. Ciba Corning Diagnostics Corp...... L-TDM I ...... Glass Vial: 5 ml, Box: 15 Vials ...... 05/23/89 Ciba Corning Diagnostics Corp...... L-TDM I, II, III Kit ...... Kit: 15 Vials ...... 05/23/89 Ciba Corning Diagnostics Corp...... L-TDM II ...... Glass Vial: 5ml, Box: 15 Vials ...... 05/23/89 Ciba Corning Diagnostics Corp...... L-TDM III ...... Glass Vial: 5ml, Box: 15 Vials ...... 05/23/89 Ciba Corning Diagnostics Corp...... LD Isoenzyme Gel/8 and Buffer Cat. No. Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 470620. Ciba Corning Diagnostics Corp...... LVM HI-CHEM DIL ...... Vial: 10ml ...... 06/21/90 Ciba Corning Diagnostics Corp...... LVM, Product Code - 9774 ...... Carton: 12 vials ...... 06/21/90 Ciba Corning Diagnostics Corp...... Ligand Plus 1, 2, 3 ...... Kit: 15 Bottles, 5ml/bottle ...... 06/17/94 Ciba Corning Diagnostics Corp...... Linearity Reference Material LNM-A, Vial: 10ml; Kit: 2 vials ...... 02/12/91 LNM-B, LNM-C. Ciba Corning Diagnostics Corp...... Linearity Survey LN3-A, LN3-B, LN3-C .... Vial: 10ml; Kit: 2 vials ...... 02/12/91 Ciba Corning Diagnostics Corp...... Linearity Survey LN4-A, LN4-B, LN4-C .... Vial: 25ml; Kit: 2 vials ...... 02/12/91 Ciba Corning Diagnostics Corp...... Lipoprotein Kit/8 Cat. No. 470694 ...... Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 Ciba Corning Diagnostics Corp...... MULTIQUAL ABN UNASY ...... Vial: 3ml, 10ml, Carton: 15 vials, 10 vials 04/09/89 Ciba Corning Diagnostics Corp...... MULTIQUAL I Assay, Product Code 9816 Kit: 15 vials; 3ml/vial ...... 08/05/92 Ciba Corning Diagnostics Corp...... MULTIQUAL II Assay, Product Code Kit: 15 vials; 3ml/vial ...... 08/05/92 9817. Ciba Corning Diagnostics Corp...... MULTIQUAL III Assay, Product Code Kit: 15 vials; 3ml/vial ...... 08/05/92 9818. Ciba Corning Diagnostics Corp...... MULTIQUAL NOR UNASY ...... Vial: 3ml, 10ml, Carton: 15 vials, 10 vials 04/09/89 Ciba Corning Diagnostics Corp...... Magic Ferritin 2000 Standard ...... Plastic Vial: 1 ml ...... 01/19/87 Ciba Corning Diagnostics Corp...... Magic Ferritin Controls ...... Plastic Vial: 5 ml ...... 01/19/87 Ciba Corning Diagnostics Corp...... Magic Ferritin Standards ...... Polypropylene Vial: 3 ml ...... 09/16/86 Ciba Corning Diagnostics Corp...... Magic Ferritin Zero Standard ...... Plastic Vial: 50 ml ...... 01/19/87 Ciba Corning Diagnostics Corp...... Magic Lite FT4 Component Set ...... Set: 100, 400 Tests ...... 07/06/94 Ciba Corning Diagnostics Corp...... Magic Lite FT4 Kit ...... Kit: 100 Tests ...... 07/06/94 Ciba Corning Diagnostics Corp...... Magic Lite FT4 Lite Reagent ...... Bottle: 10ml, 40ml ...... 07/06/94 Ciba Corning Diagnostics Corp...... Magic Lite FT4 Solid Phase ...... Bottle: 50ml, 200ml ...... 07/06/94 Ciba Corning Diagnostics Corp...... Magic Lite Ferritin Bulk Lite Reageant ..... Plastic Vial: 50 ml ...... 02/16/88 Ciba Corning Diagnostics Corp...... Magic Lite Ferritin Bulk Solid Phase ...... Plastic Vial: 200 ml ...... 02/16/88 Ciba Corning Diagnostics Corp...... Magic Lite Ferritin Solid Phase ...... Plastic Vial: 50 ml ...... 02/16/88 Ciba Corning Diagnostics Corp...... Magic Lite HCG Solid Phase ...... Plastic vial: 50ml, Kit: 100 tests ...... 12/09/88 Ciba Corning Diagnostics Corp...... Magic Lite T3 Bulk Solid Phase ...... Plastic Vial: 200 ml ...... 02/16/88 Ciba Corning Diagnostics Corp...... Magic Lite T3 Kit ...... Kit: 100 Tests ...... 06/27/91 Ciba Corning Diagnostics Corp...... Magic Lite T3 Lite Reagent ...... Plastic Vial: 30ml ...... 06/27/91 Ciba Corning Diagnostics Corp...... Magic Lite T3 Solid Phase ...... Plastic Vial: 75ml ...... 06/27/91 Ciba Corning Diagnostics Corp...... Magic Lite T4 Component Set ...... Set: 100, 400, 1200 Tests ...... 07/06/94 Ciba Corning Diagnostics Corp...... Magic Lite T4 Kit ...... Kit: 100 Tests ...... 07/06/94 Ciba Corning Diagnostics Corp...... Magic Lite T4 Solid Phase ...... Bottle: 25ml, 100ml ...... 07/06/94 Ciba Corning Diagnostics Corp...... Magic T4 Antibody ...... Plastic Vial: 50 ml and 200 ml ...... 02/16/88 Ciba Corning Diagnostics Corp...... Magic T4 Antibody ...... Vial: 50ml, 200ml ...... 11/01/90 Ciba Corning Diagnostics Corp...... Multi-LD Gel Cat. No. 470221 ...... Kit: 12 Plates; 2 Plates: 32 Tests ...... 10/28/91 Ciba Corning Diagnostics Corp...... Multi-SPE Gel Cat. No. 470252 ...... Kit: 12 Plates; 2 Plates: 32 Tests ...... 10/28/91 15982 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Ciba Corning Diagnostics Corp...... Multitrac ALP Gel/12 and Buffer Cat. No. Kit: 10 Plates; Plastic Bottle: 175ml ...... 10/28/91 470240. Ciba Corning Diagnostics Corp...... Multitrac Immunofixation Kit/12 Cat. No. Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 470685. Ciba Corning Diagnostics Corp...... Multitrac LD Isoenzyme Gel/12 and Buffer Kit: 10 Plates; Plastic vial: 25 Drams ...... 10/28/91 Cat. No. 470622. Ciba Corning Diagnostics Corp...... Multitrac LD Isoenzyme Gel/16 and Buffer Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 Cat. No. 470625. Ciba Corning Diagnostics Corp...... Multitrac Lipoprotein Kit/12 Cat. No. Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 470695. Ciba Corning Diagnostics Corp...... Multitrac Serum Protein Kit/12 Cat. No. Kit: 10 Plates; Plastic vial: 25 Drams ...... 10/28/91 470697. Ciba Corning Diagnostics Corp...... QCS ABN ASY ...... Vial: 5ml, Kit: 5 vials ...... 01/21/89 Ciba Corning Diagnostics Corp...... QCS ABN ASY No. 9705/9705A ...... Box: 10 vials, Vial: 5 ml ...... 12/15/89 Ciba Corning Diagnostics Corp...... QCS ABN ASY No. 9707/9707A ...... Box: 10 vials, Vial: 5 ml ...... 12/15/89 Ciba Corning Diagnostics Corp...... QCS ABN UNASY No. 9691/9691A ...... Box: 40 vials, Vial: 25 ml ...... 12/15/89 Ciba Corning Diagnostics Corp...... QCS ABN UNASY No. 9717/9717A ...... Box: 10 vials, Vial: 10 ml ...... 12/15/89 Ciba Corning Diagnostics Corp...... QCS NOR ASY ...... Vial: 5 ml, Kit: 5 vials ...... 01/21/89 Ciba Corning Diagnostics Corp...... QCS NOR ASY No. 9702/9702A ...... Box: 10 vials, Vial: 5 ml ...... 12/15/89 Ciba Corning Diagnostics Corp...... QCS NOR ASY No. 9704/9704A ...... Box: 10 vials, Vial: 5 ml ...... 12/15/89 Ciba Corning Diagnostics Corp...... QCS Nor UNASY No. 9681/9681A ...... Box: 40 vials, Vial: 25 ml ...... 12/15/89 Ciba Corning Diagnostics Corp...... QCS Nor UNASY No. 9716/9716A ...... Box: 10 vials, Vial 10 ml ...... 12/15/89 Ciba Corning Diagnostics Corp...... Reagent A- Alt 14 ...... Vial: 15 ml ...... 03/24/79 Ciba Corning Diagnostics Corp...... Reagent A- Alt 7 ...... Vial: 15 ml ...... 03/24/79 Ciba Corning Diagnostics Corp...... Reagent A-Ammonia 10 ...... Vial: 10 ml ...... 03/24/79 Ciba Corning Diagnostics Corp...... Serum Protein Kit/8 Cat. No. 470696 ...... Kit: 10 Plates; Plastic Vial: 25 Drams ...... 10/28/91 Ciba Corning Diagnostics Corp...... Special Barbital Buffer Set, Catalog No. Vial: 3 per kit ...... 04/17/79 470182. Ciba Corning Diagnostics Corp...... Universal Buffer Cat. No. 470586 ...... Plastic Vial: 25 Drams ...... 10/28/91 Ciba Corning Diagnostics Corp...... Universal Electrophoresis Film Agarose, Plates: 12 per kit ...... 04/17/79 Catalog No. 470100. Ciba Corning Diagnostics Corp...... Universal Gel/12 Cat. No. 470554 ...... Kit: 12 Plates; 2 Plates: 24 Tests ...... 10/28/91 Ciba Corning Diagnostics Corp...... Universal Gel/16 or Multi-SPE Gel Cat. Kit: 12 Plates; 2 Plates: 32 Tests ...... 10/28/91 No. 470066. Ciba Corning Diagnostics Corp...... Universal IEP Gel Cat. No. 470222 ...... Kit: 12 Plates; 2 Plates: 16 Tests ...... 10/28/91 Ciba Corning Diagnostics Corp...... Universal II Gel/12 Cat. No. 470262 ...... Kit: 12 Plates; 2 Plates: 24 Tests ...... 10/28/91 Ciba Corning Diagnostics Corp...... Universal II Gel/12 Cat. No. 470362 ...... Kit: 12 Plates ...... 09/22/92 Ciba Corning Diagnostics Corp...... Universal II Gel/16 Cat. No. 470268 ...... Kit: 12 Plates; 2 Plates: 32 Tests ...... 10/28/91 Ciba Corning Diagnostics Corp...... Universal II Gel/8 Cat. No. 470261 ...... Kit: 12 Plates; 2 Plates: 16 Tests ...... 10/28/91 Ciba Corning Diagnostics Corp...... Universal II Gel/8 Cat. No. 470361 ...... Kit: 12 Plates ...... 09/22/92 Ciba Corning Diagnostics Corp...... Universal PHAB Buffer Set Catalog No. Kit: 3 vials per kit ...... 09/26/79 470180. Cone Biotech, Inc...... American Association of Bioanalysts, Vial: 20ml Kit: 2 vials ...... 05/30/90 Urine Toxicology Survey. Cone Biotech, Inc...... CAP/Cocaine Reference Material Levels Vial: 20 ml ...... 03/07/88 II, III, and IV. Cone Biotech, Inc...... College of American Pathologists (CAP) Vial: 15ml Kit: 4 vials ...... 05/30/90 Reference Material for Cocaine in Urine. Cone Biotech, Inc...... College of American Pathologists Foren- Vial: 100ml ...... 05/30/90 sic Urine Drug Testing Survey Material (AACC/CAP). Cone Biotech, Inc...... College of American Pathologists Toxi- Vial: 50ml ...... 05/30/90 cology Survey (CAP). Cone Biotech, Inc...... College of American Pathologists Urine Vial: 50ml ...... 05/30/90 Toxicology Survey (CAP). Cone Biotech, Inc...... QCM-UTI ...... Vial: 20ml ...... 03/07/85 Cone Biotech, Inc...... RIATRAC-Three Level Ligand Assay Vials: 8ml ...... 02/27/84 Controls. Cone Biotech, Inc...... UDM-CAP/AACC Forensic Urine Drug Bottle: 60 ml ...... 08/31/87 Testing Survey (Initial Phase). Cone Biotech, Inc...... UDS and UDC CAP/AACC Forensic Vial: 30 ml ...... 01/06/88 Urine Drug Testing. Consolidated Technologies, Inc...... AAB Urine Drug Screening Survey ...... Vial: 20ml ...... 07/14/94 Consolidated Technologies, Inc...... AACC/CAP Athletic Drug Testing Survey Bottle; 125ml ...... 07/14/94 Consolidated Technologies, Inc...... AACC/CAP Forensic Urine Drug Testing Vial: 50ml ...... 07/14/94 Confirmatory Survey. Consolidated Technologies, Inc...... AACC/CAP Forensic Urine Drug Testing Vial: 15ml ...... 07/14/94 Screening Survey. Consolidated Technologies, Inc...... ADT-1 thru ADT-40 ...... Vial: 125ml ...... 06/10/92 Consolidated Technologies, Inc...... CAP Forensic Pathology Survey ...... Vial: 5, 15, 50ml ...... 07/14/94 Consolidated Technologies, Inc...... CAP Toxicology Survey ...... Vial: 30, 50ml ...... 07/14/94 Consolidated Technologies, Inc...... CAP Urine Toxicology Survey ...... Vial: 50ml ...... 07/14/94 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15983

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Consolidated Technologies, Inc...... HIST Multi-Drug Reference Material ...... Vial: 15ml ...... 10/22/92 Consolidated Technologies, Inc...... Morphine Glucuronide Calibration Set ...... Kit: 4 Vials ...... 09/08/92 Consolidated Technologies, Inc...... Morphine Glucuronide Reference Levels Vial: 20ml ...... 09/08/92 1, 2, 3. Diagnostic Products Corporation ...... 125-I Barbiturate Isotope: Cat. No. TBA2, Vial: 110 ml, 550 ml ...... 03/01/88 TBAY2. Diagnostic Products Corporation ...... 125-I Benzolyecgonine Isotope: Cat. No. Vial: 100 ml, 550 ml ...... 03/01/88 TCN2, TCNY2. Diagnostic Products Corporation ...... 125-I Benzoylecgonine Isotope (DA): Cat. Vial: 10 ml, 100 ml, 675 ml ...... 03/01/88 No. CND2, YCND2. Diagnostic Products Corporation ...... 125-I Fentanyl Isotope: Cat. No. TFN2 .... Vial: 500 ml ...... 03/01/88 Diagnostic Products Corporation ...... 125-I Methadone Isotope: Cat. No. TMD2 Vial: 100 ml ...... 03/01/88 Diagnostic Products Corporation ...... 125-I Methaqualone Isotope: Cat. No. Vial: 100 ml ...... 03/01/88 TMQ2. Diagnostic Products Corporation ...... 125-I Morphine Isotope: Cat. No. TMP2, Vial: 110 ml, 550 ml ...... 03/01/88 TMPY2. Diagnostic Products Corporation ...... 125-I PCP Isotope: Cat. No. TPC2, Vial: 110 ml, 550 ml ...... 03/01/88 TPCY2. Diagnostic Products Corporation ...... 125-I Serum Morphine Isotope: Cat. No. Vial: 110 ml ...... 03/01/88 TSM2. Diagnostic Products Corporation ...... 125-I THC Isotope: Cat. No. THD2, Vial: 20 ml, 110 ml, 550 ml ...... 03/01/88 YTHD2. Diagnostic Products Corporation ...... Amphetamine Calibrators B-F: Cat. No. Vial: 3.5 ml ...... 03/01/88 APD4-8. Diagnostic Products Corporation ...... Amphetamine Calibrators Cat. No. MAP Vial: 5ml ...... 07/05/90 4-8. Diagnostic Products Corporation ...... Amphetamine Controls, Cat. No. ACO1, Vial: 5 ml ...... 03/20/89 ACO2. Diagnostic Products Corporation ...... Amphetamine Controls: Cat. No. 5AC01, Vial: 100 ml ...... 03/01/88 5ACO2. Diagnostic Products Corporation ...... Amphetamine Isotope: Cat. No. APD2, Vial: 20 ml, 100 ml, 550 ml ...... 03/01/88 5APD2, YAPD2. Diagnostic Products Corporation ...... Amphetamine Reference Preparation: Vial: 120 ml ...... 03/01/88 Cat. No. 5YAP7. Diagnostic Products Corporation ...... Amphetamine Reference Preparations, Vial: 5 ml ...... 03/20/89 Cat. NO. APD5, APD9. Diagnostic Products Corporation ...... Barbiturate Calibrators B-G: Cat. No. Vial: 3.5 ml ...... 03/01/88 BAC4-9. Diagnostic Products Corporation ...... Barbiturate Reference Preparations: Cat. Vial: 120 ml ...... 03/01/88 No. 5YBA5. Diagnostic Products Corporation ...... Benzoylecgonine Calibrators (CAC) B-F: Vial: 3.5 ml ...... 03/01/88 Cat. No. COC4-8. Diagnostic Products Corporation ...... Benzoylecgonine Calibrators (DA) B-F: Vial: 3.5 ml ...... 03/01/88 Cat. No. CND4-8. Diagnostic Products Corporation ...... Benzoylecgonine Calibrators (DA): Cat. Vial: 3.5 ml ...... 03/01/88 No. CNC4-8. Diagnostic Products Corporation ...... Benzoylecgonine Reference Preparation Vial: 120 ml ...... 03/01/88 (DA): Cat. No. 5YCN5. Diagnostic Products Corporation ...... Benzoylecgonine Reference Preparation: Vial: 120 ml ...... 03/01/88 Cat. No. 5YCN5. Diagnostic Products Corporation ...... C-Terminal PTH Antiserum: Cat. No. Vial: 10 ml ...... 03/01/88 PCD1. Diagnostic Products Corporation ...... CON6 Immunoassay Tri-level Control Kit: 6 vials ...... 03/25/91 Cat. No. CON6. Diagnostic Products Corporation ...... Canine T3 Isotope: Cat. No. TC32 ...... Vial: 120 ml ...... 03/01/88 Diagnostic Products Corporation ...... Coat-A-Count Barbiturates In Urine: Cat. Kit: 100 tests, 500 tests ...... 03/01/88 No. TKBA1, TKBA5. Diagnostic Products Corporation ...... Coat-A-Count Barbiturates Qualitative De- Kit: 2500 tests ...... 03/01/88 termination In Urine: Cat. No. TKBAY. Diagnostic Products Corporation ...... Coat-A-Count Canine T3: Cat. No. Kit: 100 tests, 500 tests ...... 03/01/88 TKC31, TKC35. Diagnostic Products Corporation ...... Coat-A-Count Cocaine Metabolite: Cat. Kit: 100 tests, 500 tests ...... 03/01/88 No. TKCN1, TKCN5. Diagnostic Products Corporation ...... Coat-A-Count Fentanyl: Cat. No. TKFN1 . Kit: 100 tests ...... 03/01/88 Diagnostic Products Corporation ...... Coat-A-Count Free Testosterone Cat. No. Kit: 100, 200 Tests ...... 03/25/91 TKTF 1, 2. Diagnostic Products Corporation ...... Coat-A-Count LSD 100, 500, Cat. NO. Kit: 8 vials, 19 vials ...... 03/20/89 TKLS1, TKLS5. Diagnostic Products Corporation ...... Coat-A-Count LSD Qualitative Determina- Kit: 8 vials ...... 03/20/89 tion in Urine, Cat. No. TKLSY. Diagnostic Products Corporation ...... Coat-A-Count Metabolite Qualitative De- Kit: 2500 tests ...... 03/01/88 terminants In Urine: Cat. No. TKCNY. 15984 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Diagnostic Products Corporation ...... Coat-A-Count Methadone: Cat. No. Kit: 100 tests ...... 03/01/88 TKMD1. Diagnostic Products Corporation ...... Coat-A-Count Methaqualone: Cat. No. Kit: 100 tests ...... 03/01/88 TKMQ1. Diagnostic Products Corporation ...... Coat-A-Count Morphine Qualitative Deter- Kit: 2500 tests ...... 03/01/88 minations In Urine: Cat. No. TKMPY. Diagnostic Products Corporation ...... Coat-A-Count Morphine: Cat. No. Kit: 100 tests, 500 tests, 1000 tests ...... 03/01/88 TKMP1, TKMP5, TKMPX. Diagnostic Products Corporation ...... Coat-A-Count Opiates Screen Qualitative Kit: 2500 tests ...... 03/01/88 Determinations In Urine: Cat. No. TKOSY. Diagnostic Products Corporation ...... Coat-A-Count Opiates Screen: Cat. No. Kit: 100 tests, 500 tests ...... 03/01/88 TK0S1, TKOS5. Diagnostic Products Corporation ...... Coat-A-Count PCP (Phencyclidine) In Kit: 100 tests ...... 03/01/88 Urine: Cat. NO. TKCY1. Diagnostic Products Corporation ...... Coat-A-Count PCP (Phencyclidine) Quali- Kit: 2500 tests ...... 03/01/88 tative Determinations In Urine: Cat. No. TKPCY. Diagnostic Products Corporation ...... Coat-A-Count Serum Morphine: Cat. No. Kit: 100 tests ...... 03/01/88 TKSM1. Diagnostic Products Corporation ...... Coat-A-Count Total Testosterone Cat. Kit: 100, 200, 500 Tests ...... 03/25/91 No. TKTT 1, 2, 5. Diagnostic Products Corporation ...... Donkey Anti-Goat Gamma Globulin (PTH- Vial: 10 ml ...... 03/01/88 Ultra): Cat. No. PTDG. Diagnostic Products Corporation ...... Double Antibody Amphetamine, Cat. No. Kit: 6 vials ...... 03/20/89 KAPD1, KAPD5. Diagnostic Products Corporation ...... Double Antibody Amphetamine, Quali- Kit: 2500 tests ...... 03/01/88 tative Determinations In Urine: Cat. No. KAPDY. Diagnostic Products Corporation ...... Double Antibody Amphetamine: Cat. No. Kit: 100 tests, 500 tests ...... 03/01/88 KAPD1, KAPD5. Diagnostic Products Corporation ...... Double Antibody Cannabinoids (THC) In Kit: 100 tests, 500 tests ...... 03/01/88 Urine: Cat. No. KTHD1, KTHD5. Diagnostic Products Corporation ...... Double Antibody Cannabinoids (THC) Kit: 2500 tests ...... 03/01/88 Quanitative Determinations In Urine: Cat. No. KTHDY. Diagnostic Products Corporation ...... Double Antibody Cocaine Metabolite Kit: 2500 tests ...... 03/01/88 Qualitive Determination In Urine: Cat. No. KCNDY. Diagnostic Products Corporation ...... Double Antibody Cocaine Metabolite: Cat. Kit: 100 tests, 500 tests ...... 03/01/88 No. KCND1, KCND5. Diagnostic Products Corporation ...... Double Antibody PTH-C: KPCD1, KPCD2 Kit: 70 tests, 140 tests ...... 03/01/88 Diagnostic Products Corporation ...... Double Antibody PTH-M: Cat. No. Kit: 70 tests ...... 03/01/88 KPMD1. Diagnostic Products Corporation ...... Double Antibody Testosterone Cat. No. Kit: 100, 200 Tests ...... 03/25/91 KTTD1, 2. Diagnostic Products Corporation ...... Double Antibody Ultra-PTH: Cat. No. Kit: 70 tests, 140 tests ...... 03/01/88 KPTD1, KPTD2. Diagnostic Products Corporation ...... Enzyme-Labeled Amphetamine Cat. No. Vial: 20ml, 60ml ...... 07/05/90 MEAP2, 5MEAP2. Diagnostic Products Corporation ...... Enzyme-Labeled Cocaine Metabolite Cat. Glass Vial: 11ml, 60ml ...... 01/25/91 No. MECC2, 5MECC2. Diagnostic Products Corporation ...... Enzyme-Labeled Methamphetamine Cat. Vial: 11ml, 60ml ...... 09/28/90 No. MEMA2, 5MEMA2. Diagnostic Products Corporation ...... Enzyme-Labeled Opiates Cat. No. Vial: 20ml, 60ml ...... 07/05/90 MEOP2, 5MEOP2. Diagnostic Products Corporation ...... Enzyme-Labeled PCP Cat. No. MEPC2, Vial: 20ml, 60ml ...... 07/05/90 5MEPC2. Diagnostic Products Corporation ...... Enzyme-Labeled THC Cat. No. METH 2, Vial: 20ml, 60ml ...... 07/05/90 5METH2. Diagnostic Products Corporation ...... EquiCON-DOA Drugs of Abuse Equine Kit: 2 Vials ...... 03/25/91 Urine Controls Cat. No. EDAC. Diagnostic Products Corporation ...... EquiCon-DOA Level 2, 3 Cat. No. EDAC Vial: 30ml ...... 03/25/91 2, 3. Diagnostic Products Corporation ...... Fentanyl Calibrators: Cat. No. FNC4-9 .... Vial: 3.5 ml ...... 03/01/88 Diagnostic Products Corporation ...... Free Testosterone Calibrators Cat. No. Vial: 3.5ml ...... 03/25/91 TFC4-8. Diagnostic Products Corporation ...... Goat Anti-Rabbit Gamma Globulin/4% Vial: 110 ml, 320 ml ...... 03/01/88 PEG Saline: Cat. No. 5N6. Diagnostic Products Corporation ...... LSD Calibrators B-F, Cat. No. LSCH-8 .... Vial: 5 ml ...... 03/20/89 Diagnostic Products Corporation ...... LSD Controls, Cat. NO. 5LCO1, 5LCO2, Vial: 120ml, 5ml ...... 03/20/89 LSCO1, LSCO2. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15985

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Diagnostic Products Corporation ...... LSD Isotope, Cat. No. TLSY2, TLS2 ...... Vial: 105 ml, 550 ml ...... 03/20/89 Diagnostic Products Corporation ...... LSD Reference Preparation, Cat. No. Vial: 120ml ...... 03/20/89 5YLS6. Diagnostic Products Corporation ...... Low and High Barbiturate Urinary Con- Vial: 100 ml ...... 03/01/88 trols: Cat. No. 5BCO1, 5BCO2. Diagnostic Products Corporation ...... Low and High Benzoylecgonine Urinary Vial: 3.5 ml, 100 ml ...... 03/01/88 Controls (DA): Cat. No. 5COO1, 5COO2, CNC02, CNCO3. Diagnostic Products Corporation ...... Low and High Cannabinoid Urinary Con- Vial: 100 ml ...... 03/01/88 trols: Cat. No. 5TC01, 5TCO2. Diagnostic Products Corporation ...... Low and High Morphine Urinary Controls: Vial: 100 ml ...... 03/01/88 Cat. No. 5MCO1, 5MCO2. Diagnostic Products Corporation ...... Low and High Opiate Urinary Controls: Vial: 100 ml ...... 03/01/88 Cat. No. 5OCO1, 5OCO2. Diagnostic Products Corporation ...... Low and High PCP Urinary Controls: Cat. Vial: 100 ml ...... 03/01/88 No. 5PCO1, 5PCO2. Diagnostic Products Corporation ...... Methadone Calibrators: Cat. No. MDC4-8 Vial: 3.5 ml ...... 03/01/88 Diagnostic Products Corporation ...... Methamphetamine Calibrators Cat. No. Vial: 5ml ...... 09/28/90 MMA-8. Diagnostic Products Corporation ...... Methamphetamine Cartridges Cat. No. Cartridge: 5ml ...... 01/25/91 VMADC. Diagnostic Products Corporation ...... Methamphetamine Positive Reference Vial: 3ml ...... 01/25/91 Cat. No. VMAPC. Diagnostic Products Corporation ...... Methaqualone Calibrators: Cat. No. Vial: 3.5 ml ...... 03/01/88 MQC4-8. Diagnostic Products Corporation ...... Mid-Molecule PTH Antiserum: Cat. No. Vial: 10 ml ...... 03/01/88 PMD1. Diagnostic Products Corporation ...... Milenia Amphetamine Cat. No. MKAP1, Kit: 7 vials, 96 tests, 480 tests ...... 07/05/90 MKAP5. Diagnostic Products Corporation ...... Milenia Cannabinoids Cat. No. MK TH1, Kit: 6 vials, 96 Tests, 480 Tests ...... 07/05/90 MKTH5. Diagnostic Products Corporation ...... Milenia Cocaine Metabolite Cat. No. Kit: 96 Tests, 480 Tests ...... 01/25/91 MKCC1, MKCC5. Diagnostic Products Corporation ...... Milenia Cocaine References and Controls Glass Vial: 5ml ...... 01/25/91 Cat. No. MC3, 6; MCCC1, 2. Diagnostic Products Corporation ...... Milenia Methamphetamine Cat. No. Kit: 96 wells, 480 wells ...... 09/28/90 MKMA1, MKMA5. Diagnostic Products Corporation ...... Milenia Opiates Cat. No. MKOP1, Kit: 6 vials, 96 Tests, 480 Tests ...... 07/05/90 MKOP5. Diagnostic Products Corporation ...... Milenia PCP Cat. No. MKPC1, MKPC5 ... Kit: 6 vials, 96 tests, 480 tests ...... 07/05/90 Diagnostic Products Corporation ...... Morphine Calibrators: Cat. No. MPC4-8 ... Vial: 3.5 ml, 10 ml ...... 03/01/88 Diagnostic Products Corporation ...... Morphine Reference Preparation: Cat. Vial: 120 ml ...... 03/01/88 No. 5YMPY7. Diagnostic Products Corporation ...... Opiate Calibrators: Cat. No. OSC4-8 ...... Vial: 3.5 ml ...... 03/01/88 Diagnostic Products Corporation ...... Opiate Cartridges Cat. No. VOSDC ...... Cartridge: 5ml ...... 07/05/90 Diagnostic Products Corporation ...... Opiates Calibrators Cat. No. MOP 4-7 ..... Vial: 5ml ...... 07/05/90 Diagnostic Products Corporation ...... Opiates Positive Reference Cat. No. Vial: 1ml ...... 07/05/90 VOSPC. Diagnostic Products Corporation ...... Opiates Reference Preparation: Cat. No. Vial: 120 ml ...... 03/01/88 5YOS7. Diagnostic Products Corporation ...... PCP Calibrators Cat. No. MPC 3-7 ...... Vial: 5ml ...... 07/05/90 Diagnostic Products Corporation ...... PCP Calibrators: Cat. No. PCC4-8 ...... Vial: 3.5 ml ...... 03/01/88 Diagnostic Products Corporation ...... PCP Reference Preparation: Cat. No. Vial: 120 ml ...... 03/01/88 5YPC6. Diagnostic Products Corporation ...... PTH (C-Terminal) Isotope: Cat. No. Vial: 10 ml ...... 03/01/88 PCD2. Diagnostic Products Corporation ...... PTH (Ultra) Antiserum: Cat. No. PTD1 .... Vial: 5 ml ...... 03/01/88 Diagnostic Products Corporation ...... PTH (Ultra) Isotope: Cat. No. PTD2 ...... Vial 5 ml ...... 03/01/88 Diagnostic Products Corporation ...... PTH-M Isotope: Cat. No. PMD2 ...... Vial: 10 ml ...... 03/01/88 Diagnostic Products Corporation ...... RIA Controls Level 4, 5, 6 Cat. NO. Vial: 10ml ...... 03/25/91 CON4, CON5, CON6. Diagnostic Products Corporation ...... Serum Morphine Calibrators: Cat. No. Vial: 3.5 ml ...... 03/01/88 SMC4-8. Diagnostic Products Corporation ...... Serum Morphine Controls: Cat. No. Vail: 3.5 ml ...... 03/01/88 SMCO2, SMCO3. Diagnostic Products Corporation ...... THC Calibrators B-F: Cat. No. THD4-8 .... Vial: 3.5 ml ...... 03/01/88 Diagnostic Products Corporation ...... THC Calibrators Cat. No. MTH 4-7 ...... Vial: 5ml ...... 07/05/90 Diagnostic Products Corporation ...... THC Reference Preparation: Cat. No. Vial: 120 ml ...... 03/01/88 5YTH7. Diagnostic Products Corporation ...... Ten One Methamphetamine Cat. No. Kit: 12 Tests, 48 Tests ...... 01/25/91 VKMA1, VKMA4. 15986 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Diagnostic Products Corporation ...... Ten One Opiates Cat. No. VKSO1, Kit: 1 vial, 12 & 48 5ml cartridges ...... 07/05/90 VKSO4. Diagnostic Products Corporation ...... Testosterone Calibrators Cat. No. TTD3-8 Vial: 3.5ml ...... 03/25/91 Diagnostic Products Corporation ...... Total Testosterone Calibrators Cat. No. Vial: 3.5ml ...... 03/25/91 TTC4-8. Diagnostic Products Corporation ...... Triiodothyronine (T3) Isotope: Cat. No. Vial: 120 ml ...... 03/01/88 TT32. Diagnostic Products Corporation ...... [125I] Free Testosterone Cat. No. TTF2 .. Vial: 105ml ...... 03/25/91 Diagnostic Products Corporation ...... [125I] Testosterone Cat. No. TTD2 ...... Vial: 10ml ...... 03/25/91 Diagnostic Products Corporation ...... [125I] Total Testosterone Cat. No. TTT 2 Vial: 105ml ...... 03/25/91 Diagnostic Systems Laboratories Inc...... Radioimmunoassay Kit for the Measure- Kit: 100 Tests ...... 10/08/93 ment of Dehydroepiandrosterone (DHEA), DSL 8900. Diagnostics Reagents, Inc...... Amphetamines Enzyme Conjugate Rea- Carboy: 20, 10, 5, 1 L ...... 10/20/93 gent, Bulk. Diagnostics Reagents, Inc...... Amphetamines Enzyme Immunoassay Kit: 2 Bottles; 100ml each ...... 10/20/93 Kitι 0017. Diagnostics Reagents, Inc...... Amphetamines Enzyme Immunoassay Kit: 2 Bottles; 500ml each ...... 10/20/93 Kitι 0018. Diagnostics Reagents, Inc...... Barbiturate Enzyme Congugate Reagent, Carboy: 20, 10, 5, 1 L ...... 10/20/93 Bulk. Diagnostics Reagents, Inc...... Barbiturate Enzyme Immunoassay Kitι Kit: 2 Bottles; 100 ml each ...... 10/20/93 0225. Diagnostics Reagents, Inc...... Barbiturate Enzyme Immunoassay Kitι Kit: 2 Bottles; 500ml each ...... 10/20/93 0226. Diagnostics Reagents, Inc...... Benzodiazepine Enzyme Conjugate Rea- Carboy: 20, 10, 5, 1 L ...... 10/20/93 gent, Bulk. Diagnostics Reagents, Inc...... Benzodiazepine Enzyme Immunoassay Kit: 2 Bottles; 100ml each ...... 10/20/93 Kitι 0039. Diagnostics Reagents, Inc...... Benzodiazepine Enzyme Immunoassay Kit: 2 Bottles; 500ml each ...... 10/20/93 Kitι 0040. Diagnostics Reagents, Inc...... Cannabinoid Enzyme Conjugate Reagent, Carboy: 20, 10, 5, 1 L ...... 10/20/93 Bulk. Diagnostics Reagents, Inc...... Cannabinoid Enzyme Immunoassay Kitι Kit: 2 Bottles; 100ml each ...... 10/20/93 0185. Diagnostics Reagents, Inc...... Cannabinoid Enzyme Immunoassay Kitι Kit: 2 Bottles; 500ml each ...... 10/20/93 0186. Diagnostics Reagents, Inc...... Cocaine Metabolite Enzyme Conjugate Carboy: 20, 10, 5, 1 L ...... 10/20/93 Reagent, Bulk. Diagnostics Reagents, Inc...... Cocaine Metabolite Enzyme Kit: 2 Bottles; 100ml each ...... 10/20/93 Immunoassay Kitι 0055. Diagnostics Reagents, Inc...... Cocaine Metabolite Enzyme Kit: 2 Bottles; 500ml each ...... 10/20/93 Immunoassay Kitι 0056. Diagnostics Reagents, Inc...... Drugs of Abuse High Calibrator A, Bulk ... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... Drugs of Abuse High Calibrator A, Catι Bottle: 5ml ...... 10/20/93 0324. Diagnostics Reagents, Inc...... Drugs of Abuse High Calibrator, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... Drugs of Abuse High Calibrator, Catι Bottle: 5ml ...... 10/20/93 0036. Diagnostics Reagents, Inc...... Drugs of Abuse Level 2 Control, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... Drugs of Abuse Level 2 Control, Catι Bottle: 5ml ...... 10/20/93 0208. Diagnostics Reagents, Inc...... Drugs of Abuse Level 2A Control, Bulk .... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... Drugs of Abuse Level 2A Control, Catι Bottle: 5ml ...... 10/20/93 0331. Diagnostics Reagents, Inc...... Drugs of Abuse Level I Control, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... Drugs of Abuse Level I Control, Catι Bottle: 5ml ...... 10/20/93 0210. Diagnostics Reagents, Inc...... Drugs of Abuse Level IA Control, Bulk ..... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... Drugs of Abuse Level IA Control, Catι Bottle: 5ml ...... 10/20/93 0329. Diagnostics Reagents, Inc...... Drugs of Abuse Low Calibrator A, Catι Bottle: 5ml ...... 10/20/93 0322. Diagnostics Reagents, Inc...... Drugs of Abuse Low Calibrator, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... Drugs of Abuse Low Calibrator, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... Drugs of Abuse Low Calibrator, Catι Bottle: 5ml ...... 10/20/93 0034. Diagnostics Reagents, Inc...... Methadone Enzyme Conjugate Reagent, Carboy: 20, 10, 5, 1 L ...... 10/20/93 Bulk. Diagnostics Reagents, Inc...... Methadone Enzyme Immunoassay Kitι Kit: 2 Bottles; 100ml each ...... 10/20/93 0596. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15987

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Diagnostics Reagents, Inc...... Methadone Enzyme Immunoassay Kitι Kit: 2 Bottles; 500ml each ...... 10/20/93 0597. Diagnostics Reagents, Inc...... Methadone Metabolite Enzyme Conjugate Carboy: 20, 10, 5, 1 L ...... 10/20/93 Reagent, Bulk. Diagnostics Reagents, Inc...... Methadone Metabolite Enzyme Kit: 2 Bottles; 100ml each ...... 10/20/93 Immunoassay Kitι 0200. Diagnostics Reagents, Inc...... Methadone Metabolite Enzyme Kit: 2 Bottles; 500ml each ...... 10/20/93 Immunoassay Kitι 0201. Diagnostics Reagents, Inc...... Methaqualone Enzyme Conjugate Rea- Carboy: 20, 10, 5, 1 L ...... 10/20/93 gent, Bulk. Diagnostics Reagents, Inc...... Methaqualone Enzyme Immunoassay Kitι Kit: 2 Bottles; 100ml each ...... 10/20/93 0514. Diagnostics Reagents, Inc...... Methaqualone Enzyme Immunoassay Kitι Kit: 2 Bottles; 500ml each ...... 10/20/93 0515. Diagnostics Reagents, Inc...... Opiate Enzyme Conjugate Reagent, Bulk Carboy: 20, 10, 5, 1 L ...... 10/20/93 Diagnostics Reagents, Inc...... Opiate Enzyme Immunoassay Kitι 0135 .. Kit: 2 Bottles; 100ml each ...... 10/20/93 Diagnostics Reagents, Inc...... Opiate Enzyme Immunoassay Kitι 0136 .. Kit: 2 Bottles; 500ml each ...... 10/20/93 Diagnostics Reagents, Inc...... Phencyclidine Enzyme Conjugate Rea- Carboy: 20, 10, 5, 1 L ...... 10/20/93 gent, Bulk. Diagnostics Reagents, Inc...... Phencyclidine Enzyme Immunoassay Kitι Kit: 2 Bottles; 100ml each ...... 10/20/93 0160. Diagnostics Reagents, Inc...... Phencyclidine Enzyme Immunoassay Kitι Kit: 2 Bottles; 500ml each ...... 10/20/93 0161. Diagnostics Reagents, Inc...... Propoxyphene Enzyme Conjugate Rea- Carboy: 20, 10, 5, 1 L ...... 10/20/93 gent, Bulk. Diagnostics Reagents, Inc...... Propoxyphene Enzyme Immunoassay Kitι Kit: 2 Bottles; 100 ml each ...... 10/20/93 0432. Diagnostics Reagents, Inc...... Propoxyphene Enzyme Immunoassay Kitι Kit: 2 Bottles; 500ml each ...... 10/20/93 0433. Diagnostics Reagents, Inc...... THC Urine Calibrator 100ng/ml, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Calibrator 100ng/ml, Catι Bottle: 5ml ...... 10/20/93 0044. Diagnostics Reagents, Inc...... THC Urine Calibrator 200ng/ml Catι 0206 Bottle: 5ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Calibrator 200ng/ml, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Calibrator 20ng/ml, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Calibrator 50ng/ml ...... Bottle: 5ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Calibrator 50ng/ml, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Calibrator, 20ng/ml, Catι 0235 Bottle: 5ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Control 125ng/ml, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Control 40ng/ml, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Control 60ng/ml, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Control 75ng/ml, Bulk ...... Bottle: 5L, 1L, 500ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Control, 125ng/ml, Catι 0212 . Bottle: 5ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Control, 40ng/ml, Catι 0170 ... Bottle: 5ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Control, 60ng/ml, Catι 0168 ... Bottle: 5ml ...... 10/20/93 Diagnostics Reagents, Inc...... THC Urine Control, 75ng/ml, Catι 0214 ... Bottle: 5ml ...... 10/20/93 Diagnostics Systems Laboratories Inc...... DHEA Controls I and II, DSL 8951 & Vial: 3.5ml ...... 10/08/93 8952. Diagnostics Systems Laboratories Inc...... DHEA Standards, A-F, DSL 8901-8906 ... Vial: 3.5ml ...... 10/08/93 Diagnostics Systems Laboratories Inc...... Radioimmunoassay Kit for the Measure- Kit; 100 Tests ...... 10/08/93 ment of Dehydroepiandrosterone (DHEA), DSL 9000. Diagnostics Systems Laboratories Inc...... Radioimmunoassay Kit for the Quan- Kit: 100 Tests ...... 10/08/93 titative Measurement of Testosterone, DSL 4000. Diagnostics Systems Laboratories Inc...... Radioimmunoassay Kit for the Quan- Kit: 100 Tests ...... 10/08/93 titative Measurement of Testosterone, DSL 4100. Diagnostics Systems Laboratories Inc...... Testosterone Controls I and II, DSL 4051 Vial: 3.5ml ...... 10/08/93 & 4052. Diagnostics Systems Laboratories Inc...... Testosterone Standards A-F, DSL 4001- Vial: 3.5ml ...... 10/08/93 4006. Diamedix Corporation ...... Barbital-Acetate Buffer, Powder 709-317 . Package: 20 envelopes-10.65 g. per en- 07/27/72 velope. Diamedix Corporation ...... CEP Plate-Amebiasis Testing 40 Test No. Plate: 40mm x 80mm x 2.5mm ...... 08/09/73 730-274. Diamedix Corporation ...... CEP VI No. 709-339 ...... Plate: 40mm x 80mm x 2.5mm ...... 08/09/73 Diamedix Corporation ...... Counterelectrophoresis (CEP) Plates for Plastic plates: 40mm x 80mm x 2.5mm ... 06/16/75 Trichinosis Testing. Diamedix Corporation ...... EDTA (0.014M)-GVB Buffer, 753-034 ...... Bottle: 5ml ...... 08/09/73 Diamedix Corporation ...... EDTA (0.01M)-GVB Buffer, 753-031 ...... Bottle: 5ml ...... 08/09/73 Diamedix Corporation ...... GVB(3+) Buffer 753-037 ...... Bottle: 50ml ...... 08/09/73 15988 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Diamedix Corporation ...... Glucose-GVB 1 Buffer, 753-036 ...... Bottle: 50ml ...... 08/09/73 Duo Research, Inc...... Drug Testing Assessment Program Qual- Kit: 25 bottles ...... 12/26/86 ity Control Samples. Duo Research, Inc...... Drug Testing Assessment Program-Qual- Bottle: 65ml ...... 02/27/86 ity Control Sample. Duo Research, Inc...... Drug Testing Assessment Program-Qual- Kit: 5-65ml bottles ...... 02/27/86 ity Control Sample Kit. DynaGen, Inc...... Benzoylecgonine and delta-8 THC-Car- Plastic Bottle: 100ml ...... 07/27/93 boxylic Acid Catι 700-111. DynaGen, Inc...... D-Amphetamine and DL-Methamphet- Plastic Bottle: 100ml ...... 07/27/93 amine Catι 700-107. DynaGen, Inc...... D-Amphetamine, D-Methamphetamine Plastic Bottle: 100ml ...... 07/27/93 and delta-9 THC-Carboxylic Acid Catι 700-112. DynaGen, Inc...... D-Amphetamine, Pseudoephedrine, DL- Plastic Bottle: 100ml ...... 07/27/93 Methamphetamine and Phenyl- propanolamine Catι 700-116. DynaGen, Inc...... DL-Methamphetamine Catι 700-110 ...... Plastic Bottle: 100ml ...... 07/27/93 DynaGen, Inc...... Hydrocodone Catι 700-106 ...... Plastic bottle: 100ml ...... 07/27/93 DynaGen, Inc...... Hydromorphone Catι 700-108 ...... Plastic Bottle: 100ml ...... 07/27/93 DynaGen, Inc...... Methadone Catι 700-118 ...... Plastic Bottle: 100ml ...... 07/27/93 DynaGen, Inc...... Methaqualone Catι 700-119 ...... Plastic Bottle: 100ml ...... 07/27/93 DynaGen, Inc...... Morphine, Codeine and 6- Plastic Bottle: 100ml ...... 07/27/93 Monoacetylmorphine Catι 700-114. DynaGen, Inc...... Oxazepam Catι 700-120 ...... Plastic Bottle: 100ml ...... 07/27/93 DynaGen, Inc...... Phencyclidine and Hydrocodone Catι Plastic Bottle: 100ml ...... 07/27/93 700-115. DynaGen, Inc...... ProCheck Blind Performance Specimens Kit: 25 Bottles; 100ml plastic ...... 07/27/93 Catι 500-100. DynaGen, Inc...... ProCheck Blind Performance Specimens Kit: 5 bottles; 100ml plastic ...... 07/27/93 Catι 500-200. DynaGen, Inc...... Propoxyphene Catι 700-121 ...... Plastic Botle: 100ml ...... 07/27/93 DynaGen, Inc...... Secobarbital Catι 700-117 ...... Plastic Bottle: 100ml ...... 07/27/93 DynaGen, Inc...... delta 9 THC-Carboxylic Acid and Plastic Bottle: 100ml ...... 07/27/93 Phentermine Catι 700-113. E.I duPont de Nemours & Co., Inc, Medi- Phenobarbital (PHNO) Flex Reagent Car- Cartridge: Plastic ...... 05/26/94 cal Products. tridge. E.I duPont de Nemours & Co., Inc, Medi- Urine Opiates Screen (UOPI) Flex Rea- Cartridge: Plastic ...... 04/19/94 cal Products. gent Cartridge. E.I. duPont de Nemours & Co., Inc, Medi- Urine Cannabinoids Screen (UTHC) Flex Cartridge: Plastic ...... 04/19/94 cal Products. Reagent Cartridge. E.I. duPont de Nemours & Co., Inc, Medi- Urine Cocaine Metabolites Screen Cartridge: Plastic ...... 04/19/94 cal Products. (UCOC) Flex Reagent Cartridge. E.I. duPont de Nemours & Co., Inc...... (1) PREP Sample Preparation and Analy- Kit containing following: ...... 09/25/78 sis Kit. E.I. duPont de Nemours & Co., Inc...... (2) PREP Buffer/Internal Standard and Box containing following: ...... 09/25/78 Liquid Chromatography Verifier. E.I. duPont de Nemours & Co., Inc...... (2a) PREP Liquid Chromatography Ver- Vial: 10ml (1 vial/box) ...... 09/25/78 ifier. E.I. duPont de Nemours & Co., Inc...... (2b) PREP Buffer/Internal Standard ...... Vial: 100ml (3 vials/box) ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... (3) PREP Calibrators ...... Box containing following: ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... (3a) PREP Calibrator-Level 1 ...... Vial: 10ml (1 vial/box) ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... (3b) PREP Calibrator-Level 2 ...... Vial: 10ml (1 vial/box) ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... (3c) PREP Calibrator-Level 3 ...... Vial: 10ml ( 1 vial/box) ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... (3d) PREP Calibrator-Level 4 ...... Vial: 10ml (1 vial/box) ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... (4) PREP Controls ...... Box containing following: ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... (4a) PREP Control-Low Level ...... Vial: 10ml (2 vials/box) ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... (4b) PREP Control-High Level ...... Vial: 10ml (2 vials/box) ...... 09/25/78 E.I. duPont de Nemours & Co., Inc...... DM/TU Saturating Reagent ...... Plastic Bottle: 1L, 10L, 20L ...... 02/22/89 E.I. duPont de Nemours & Co., Inc...... DuPont Drug Calibrator-A (levels 1-5) ...... Vial: 6ml, Box: 10 vials ...... 09/28/90 E.I. duPont de Nemours & Co., Inc...... DuPont Drug Calibrators- Levels 1 Vial: 6ml (1 vial and 2 vials/box) ...... 04/04/86 through 5. E.I. duPont de Nemours & Co., Inc...... DuPont Phenobarbital Assay ...... Vial: 6 ml ...... 10/13/86 E.I. duPont de Nemours & Co., Inc...... DuPont U Amp Enzyme Pack Reagent .... Bottle: 1 liter ...... 10/19/87 E.I. duPont de Nemours & Co., Inc...... DuPont U Barb Enzyme Pack Reagent ... Bottle: 1 liter ...... 10/19/87 E.I. duPont de Nemours & Co., Inc...... DuPont U Benz Enzyme Pack Reagent ... Bottle: 1 liter ...... 10/19/87 E.I. duPont de Nemours & Co., Inc...... DuPont U COC Enzyme Pack Reagent ... Bottle: 1 liter ...... 10/19/87 E.I. duPont de Nemours & Co., Inc...... DuPont U OPI Enzyme Pack Reagent ..... Bottle: 1 liter ...... 08/28/87 E.I. duPont de Nemours & Co., Inc...... DuPont U THC Enzyme Pack Reagent .... Bottle: 1 Liter ...... 01/04/88 E.I. duPont de Nemours & Co., Inc...... DuPont Urine Drugs-of-Abuse Calibrator Box: 6 Vials, 6ml Vial ...... 07/27/87 (Levels 0, 1, 2). E.I. duPont de Nemours & Co., Inc...... DuPont Urine Drugs-of-Abuse Control ..... Vial: 6 ml ...... 08/03/87 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15989

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

E.I. duPont de Nemours & Co., Inc...... DuPont aca Barbiturate Screen Analytical Plastic Packs: 25 tests ...... 12/23/84 Test Pack. E.I. duPont de Nemours & Co., Inc...... DuPont aca Barbiturate Screen/ 6 Vials: 3ml ...... 02/23/84 Benzodiazepine Screen Calibrator. E.I. duPont de Nemours & Co., Inc...... DuPont aca Benzodiazepine Screen Ana- Plastic Packs: 25 tests ...... 02/23/84 lytical Test Pack. E.I. duPont de Nemours & Co., Inc...... Phenobarbital Calibrator- Level 1 ...... Vial: 6ml (1 vial/box) ...... 04/02/86 E.I. duPont de Nemours & Co., Inc...... Phenobarbital Calibrator- Level 2 ...... Vial: 6ml (1 vial/box) ...... 04/02/86 E.I. duPont de Nemours & Co., Inc...... Phenobarbital Calibrator- Level 3 ...... Vial: 6ml (1 vial/box) ...... 04/02/86 E.I. duPont de Nemours & Co., Inc...... Phenobarbital Calibrator- Level 4 ...... Vial: 6ml (1 vial/box) ...... 04/02/86 E.I. duPont de Nemours & Co., Inc...... Phenobarbital Calibrator- Level 5 ...... Vial: 6ml (1 vial/box) ...... 04/02/86 E.I. duPont de Nemours & Co., Inc...... Theophylline Calibrator Levels 1, 2 and 3 Vial: 6 ml. Box contains 2 vials each level 09/21/88 E.I. duPont de Nemours & Co., Inc...... Thyroid Rotor ...... Foil Pouch: 1 Rotor Shelf Carton: 10 Ro- 10/25/88 tors Box: 5 Shelf Cartons(50 Rotors). E.I. duPont de Nemours & Co., Inc...... Thyronine (TU) Uptake Flex ...... 32 Test Cartridge, Carton: 7 cartridges .... 03/29/89 E.I. duPont de Nemours & Co., Inc...... Thyronine (TU) Uptake Flex(tm) Reagent Plastic container: 2.3ml (20 tests) ...... 04/28/86 Cartridge. E.I. duPont de Nemours & Co., Inc...... Urine Amphetamine (U Amp) Test Pack .. Carton: 50 tests ...... 08/27/87 E.I. duPont de Nemours & Co., Inc...... Urine Barbiturate (U Barb) Test Pack ...... Carton: 50 tests ...... 08/27/87 E.I. duPont de Nemours & Co., Inc...... Urine Benzodiazepine (U Benz) Test Carton: 50 tests ...... 08/27/87 Pack. E.I. duPont de Nemours & Co., Inc...... Urine Cannabinoid (U THC) Test Pack .... Carton: 50 tests ...... 11/09/87 E.I. duPont de Nemours & Co., Inc...... Urine Cocaine (U COC) Test Pack ...... Carton: 50 tests ...... 08/27/87 E.I. duPont de Nemours & Co., Inc...... Urine Opiate (U OPI) Test Pack ...... Carton: 50 tests ...... 07/08/87 E.I. duPont de Nemours & Co., Inc...... aca PHNO Analytical Test Pack ...... Carton: 40 tests packs ...... 08/25/77 E.I. duPont de Nemours & Co., Inc...... aca Thryonine Uptake Analytical Test Plastic Pack: 1 test ...... 08/25/83 Pack. E.I. duPont de Nemours & Co., Inc...... aca Urine Methadone Calibrator (Level 1 Vial: 10ml ...... 09/17/93 & 2). E.I. duPont de Nemours & Co., Inc...... aca Urine Methadone Control (Negative/ Vial: 6ml ...... 09/17/93 Positive). E.I. duPont de Nemours & Co., Inc., Medi- 5-Cyclohexenyl-3, 5, -Dimethyl barbituric Combi-Vial: 250 microcuries , 1 millicurie, 01/04/77 cal Products. Acid (3H(G)), Catalog No. NET-426. and 5 millicuries. E.I. duPont de Nemours & Co., Inc., Medi- Acetaldehyde (1, 2-14C) as Paraldehyde, Pyrex Glass Breakseal Tube: 250 01/04/77 cal Products. Catalog No. NEC-158. microcuries, 1 millicurie. E.I. duPont de Nemours & Co., Inc., Medi- Cocaine, Levo-[Benzoyl] [3.4-3H(N)] Combi-Vial: 100 microcuries, 250 01/04/77 cal Products. Catalog No. NET-510. microcuries. E.I. duPont de Nemours & Co., Inc., Medi- Diazepam [Methyl-3H] Catalog No. NET- Combi-Vial: 0.250 millicuries, 1.0 milli- 09/06/79 cal Products. 564. curie. E.I. duPont de Nemours & Co., Inc., Medi- Dihydromorphine [7, 8-3H(N)] ...... Combi-Vial: 250 microcuries, 1 millicurie . 01/04/77 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Dihydromorphine[N-Methyl-3H] NET-658 . Combi-Vial: 0.250 millicuries, 1.0 milli- 02/29/80 cal Products. curie. E.I. duPont de Nemours & Co., Inc., Medi- Dihydrotestosterone, [1, 2, 4, 5, 6, 7, 16, NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. 17-3H(N)]. E.I. duPont de Nemours & Co., Inc., Medi- Dihydrotestosterone, [1, 2, 4, 5, 6, 7- NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. 3H(N)]-. E.I. duPont de Nemours & Co., Inc., Medi- Dihydrotestosterone, [1, 2-3H(N)] ...... NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Dihydrotestosterone, [4-14C]- ...... NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Drug Discovery Kit, No. NED-002, NED- Kit: 100 tests, 500 tests ...... 08/08/89 cal Products. 002A. E.I. duPont de Nemours & Co., Inc., Medi- Flunitrazepam (Methyl-3H) ...... Combi-Vial: 5 microcuries, 14 microcuries 08/08/89 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Flunitrazepam 2.5 Micro M ...... Combi-Vial: 2.0 ml ...... 08/08/89 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Flunitrazepam [Methyl-3H] NET 567 ...... Combi-Vial: 0.250 millicuries, 1.0 milli- 04/29/87 cal Products. curie. E.I. duPont de Nemours & Co., Inc., Medi- LSD [N-Methyl-3H] NET-638 ...... Combi-Vial: 0.250 millicuries, 1.0 milli- 11/06/79 cal Products. curie. E.I. duPont de Nemours & Co., Inc., Medi- Mazindol (4'-3H) Catalog No.NET-816 ..... Combi-Vial: 0.250 millicuries, 1.0 milli- 05/17/84 cal Products. curie. E.I. duPont de Nemours & Co., Inc., Medi- Methylenedioxymethamphetamine, (+)3, Combi-Vial: 0.0250 millicuries, 0.25 08/25/75 cal Products. 4-[N-methyl-3H] NET 957. millicuries, 1.0 millicuries. E.I. duPont de Nemours & Co., Inc., Medi- Methylphenidate, +/- threo[methyl- Combi-Vial: 0.250 millicuries, 1.0 milli- 06/11/84 cal Products. 3H]NET-857. curie. E.I. duPont de Nemours & Co., Inc., Medi- Mibolerone ...... Glass Vial: 5ml ...... 11/01/91 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Mibolerone, [17Alpha-methyl-3H]- ...... NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. 15990 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

E.I. duPont de Nemours & Co., Inc., Medi- Morphine [N-methyl-3H] NET-653 ...... Combi-Vial: 0.250 millicuries, 1.0 milli- 02/29/80 cal Products. curie. E.I. duPont de Nemours & Co., Inc., Medi- N-[1-(2-Thienyl) Cyclohexyl]-3, 4-Piper- Combi-Vial: 0.250 millicuries, 1.0 milli- 06/11/84 cal Products. idine (Piperidyl-3, 4-3H)NET-886. curie. E.I. duPont de Nemours & Co., Inc., Medi- Phencyclidine [Piperidyl-3, 4-3H(N)], Combi-Vial: 0.250 millicurie, 1.0 millicurie 09/06/79 cal Products. Catalog No.NET-630. E.I. duPont de Nemours & Co., Inc., Medi- Testosterone, [1, 2, 6, 7, 16, 17-3H(N)] ... NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Testosterone, [1, 2, 6, 7-3H(N)]- ...... NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Testosterone, [1Alpha, 2Alpha, -3H(N)]- .. NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Testosterone, [1Beta, 2Beta, -3H(N)]- ...... NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- Testosterone, [4-14C]- ...... NENSURE Vial: 0.8ml, 6.2ml; Glass Vial: 11/01/91 cal Products. 10ml. E.I. duPont de Nemours & Co., Inc., Medi- Testosterone, [7-3H(N)]- ...... NENSURE Vial: 0.8ml, 6.2ml ...... 11/01/91 cal Products. E.I. duPont de Nemours & Co., Inc., Medi- d-Amphetamine Sulfate (3H(G)), Catalog Combi-Vial: 250 microcuries, 1 millicurie, 01/04/77 cal Products. No. NET-140. and 5 millicuries. EDITEK Inc...... EZ-SCREEN Amphetamines Bulk Con- Bottle: 250ml ...... 08/17/94 jugate. EDITEK Inc...... EZ-SCREEN Amphetamines Bulk Posi- Bottle: 4L ...... 08/17/94 tive Control. EDITEK Inc...... EZ-SCREEN Amphetamines Positive Flask: 100ml ...... 08/17/94 Control Stock. EDITEK Inc...... EZ-SCREEN Amphetamines QC Stand- Tube: 50ml ...... 08/17/94 ard. EDITEK Inc...... EZ-SCREEN Barbiturates Bulk Conjugate Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN Barbiturates Bulk Positive Bottle: 8L ...... 08/17/94 Control. EDITEK Inc...... EZ-SCREEN Barbiturates Positive Con- Flask: 100ml ...... 08/17/94 trol Stock. EDITEK Inc...... EZ-SCREEN Barbiturates QC Standard .. Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN CANNABINOID/COCAINE Tube: 2.2ml ...... 08/17/94 0.5ml Positive Control. EDITEK Inc...... EZ-SCREEN CANNABINOID/COCAINE Bottle: 15ml ...... 08/17/94 5.0ml Positive Control. EDITEK Inc...... EZ-SCREEN CANNABINOID/COCAINE/ Bottle: 20L ...... 08/17/94 OPIATES Bulk Positive Control. EDITEK Inc...... EZ-SCREEN COCAINE Bulk Conjugate .. Bottle: 250ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN COCAINE Bulk Positive Bottle: 8L ...... 08/17/94 Control. EDITEK Inc...... EZ-SCREEN COCAINE Positive Control . Flask: 100ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN COCAINE QC Standard ..... Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN OPIATES Bulk Conjugate ... Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN OPIATES Bulk Positive Bottle: 4L ...... 08/17/94 Control. EDITEK Inc...... EZ-SCREEN OPIATES Positive Control Flask: 100ml ...... 08/17/94 Stock. EDITEK Inc...... EZ-SCREEN OPIATES QC Standard ...... Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN PCP Bulk Conjugate ...... Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN PCP Bulk Positive Control .. Bottle: 2L ...... 08/17/94 EDITEK Inc...... EZ-SCREEN PCP Positive Control Stock Flask: 100ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN PCP QC Standard ...... Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN THC Bulk Conjugate ...... Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN THC Bulk Positive Control .. Bottle: 8L ...... 08/17/94 EDITEK Inc...... EZ-SCREEN THC Positive Control Stock Flask: 10ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN THC QC Standard ...... Tube: 50ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: Amphetamines 0.5ml Posi- Tube: 2.2ml ...... 08/17/94 tive Control. EDITEK Inc...... EZ-SCREEN: Amphetamines 20-Test Kit: 20 Tests ...... 08/17/94 Bulk Kit. EDITEK Inc...... EZ-SCREEN: Amphetamines 20-Test Kit: 20 Tests ...... 08/17/94 Pack. EDITEK Inc...... EZ-SCREEN: Amphetamines 5.0ml Posi- Bottle: 15ml ...... 08/17/94 tive Control. EDITEK Inc...... EZ-SCREEN: Amphetamines Enzyme Ampule: 0.8ml ...... 08/17/94 Conjugate. EDITEK Inc...... EZ-SCREEN: Amphetamines Test Kit ...... Kit: 1 Test ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: Barbiturates 0.5ml Positive Tube: 2.2ml ...... 08/17/94 Control. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15991

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

EDITEK Inc...... EZ-SCREEN: Barbiturates 20-Test Bulk Kit: 20 Tests ...... 08/17/94 Kit. EDITEK Inc...... EZ-SCREEN: Barbiturates 20-Test Pack . Kit: 20 Tests ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: Barbiturates 5.0ml Positive Bottle: 15ml ...... 08/17/94 Control. EDITEK Inc...... EZ-SCREEN: Barbiturates Enzyme Con- Ampule: 0.8ml ...... 08/17/94 jugate. EDITEK Inc...... EZ-SCREEN: Barbiturates Test Kit ...... Kit: 1 Test ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: CANNABINOID 0.5 ml Tube: 2.2ml ...... 08/17/94 Positive Control. EDITEK Inc...... EZ-SCREEN: CANNABINOID 20-Test Kit: 20 Tests ...... 08/17/94 Bulk Kit. EDITEK Inc...... EZ-SCREEN: CANNABINOID 20-Test Kit: 20 Tests ...... 08/17/94 Pack. EDITEK Inc...... EZ-SCREEN: CANNABINOID 5.0ml Posi- Bottle: 15ml ...... 08/17/94 tive Control. EDITEK Inc...... EZ-SCREEN: CANNABINOID Enzyme Ampule: 0.8ml ...... 08/17/94 Conjugate. EDITEK Inc...... EZ-SCREEN: CANNABINOID Test Kit ..... Kit: 1 Test ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE Kit: 20 Tests ...... 08/17/94 20-Test Bulk Kit. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE Kit: 20 Tests ...... 08/17/94 20-Test Pack. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE Ampule: 0.8ml ...... 08/17/94 Enzyme Conjugate. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE Kit: 1 Test ...... 08/17/94 Test Kit. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE/ Tube: 2.2ml ...... 08/17/94 OPIATES 0.5ml Positive Control. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE/ Kit: 10 Tests ...... 08/17/94 OPIATES 10-Test Bulk Kit. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE/ Kit: 20 Tests ...... 08/17/94 OPIATES 20-Test Kit Pack. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE/ Bottle: 15ml ...... 08/17/94 OPIATES 5.0ml Positive Control. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE/ Ampule: 0.8ml ...... 08/17/94 OPIATES Enzyme Conjugate. EDITEK Inc...... EZ-SCREEN: CANNABINOID/COCAINE/ Kit: 1 Test ...... 08/17/94 OPIATES Test Kit. EDITEK Inc...... EZ-SCREEN: COCAINE 0.5ml Positive Tube: 2.2ml ...... 08/17/94 Control. EDITEK Inc...... EZ-SCREEN: COCAINE 20 Test Bulk Kit Kit: 20 Tests ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: COCAINE 20-Test Pack .... Kit: 20 Tests ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: COCAINE 5.0ml Positive Bottle: 15ml ...... 08/17/94 Control. EDITEK Inc...... EZ-SCREEN: COCAINE Enzyme Con- Ampule: 0.8ml ...... 08/17/94 jugate. EDITEK Inc...... EZ-SCREEN: COCAINE Test Kit ...... Kit: 1 Test ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: OPIATES 0.5ml Positive Tube: 2.2ml ...... 08/17/94 Control. EDITEK Inc...... EZ-SCREEN: OPIATES 20 Test Pack ..... Kit: 20 Tests ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: OPIATES 20-Test Bulk Kit . Kit: 20 Tests ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: OPIATES 5.0ml Positive Bottle: 15ml ...... 08/17/94 Control. EDITEK Inc...... EZ-SCREEN: OPIATES Enzyme Con- Ampule: 0.8ml ...... 08/17/94 jugate. EDITEK Inc...... EZ-SCREEN: OPIATES Test Kit ...... Kit: 1 Test ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: PCP 0.5ml Positive Control Ampule: 0.8ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: PCP 20-Test Bulk Kit ...... Kit: 20 Tests ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: PCP 20-Test Kit ...... Kit: 20 Tests ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: PCP 5.0ml Positive Control Bottle: 15ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: PCP Enzyme Conjugate .... Ampule: 0.8ml ...... 08/17/94 EDITEK Inc...... EZ-SCREEN: PCP Test Kit ...... Kit: 1 Test ...... 08/17/94 EDITEK Inc...... VERDICT COCAINE One-Step Drug Pouch: 1 each; Box: 50 Pouches ...... 08/02/94 Test; Product ι 600230. EDITEK Inc...... VERDICT Cocaine Bulk Conjugate ...... Vial: 2ml ...... 08/14/94 EDITEK Inc...... VERDICT Cocaine Bulk Conjugate ...... Vial: 2ml ...... 08/14/94 EDITEK Inc...... VERDICT Cocaine QC Standard ...... Tube: 50ml ...... 08/14/94 EDITEK Inc...... VERDICT OPIATES One-Step Drug Test; Pouch: 1 each; Box: 50 Pouches ...... 08/02/94 Product ι 600233. EDITEK Inc...... VERDICT Opiates Bulk Conjugate ...... Vial: 2ml ...... 08/14/94 EDITEK Inc...... VERDICT Opiates Bulk Conjugate ...... Vial: 5ml ...... 08/14/94 15992 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

EDITEK Inc...... VERDICT Opiates QC Standard ...... Tube: 15ml ...... 08/14/94 EDITEK Inc...... VERDICT THC Bulk Conjugate ...... Vial: 2ml ...... 08/14/94 EDITEK Inc...... VERDICT THC Bulk Conjugate ...... Vial: 5ml ...... 08/14/94 EDITEK Inc...... VERDICT THC One-Step Drug Test; Pouch: 1 each; Box: 50 Pouches ...... 08/02/94 Product ι 600212. EDITEK Inc...... VERDICT THC QC Standard ...... Tube: 50ml ...... 08/14/94 EDITEK Inc...... VERDICT THC/COCAINE One-Step Drug Pouch: 2 Kits ...... 08/14/94 Test. EM Diagnostic Systems, Inc...... EMDS Antiepileptic Drug Calibrator Item Box: 3 Vials, 5 ml each ...... 06/11/86 No. 67630/95. EM Diagnostic Systems, Inc...... EMDS Test Packs, Phenobarbital Carton: 48 Test Packs ...... 09/09/86 (PHENO) Item No. 67677/95. EM Diagnostic Systems, Inc...... Easytest Phenobarbital Assay Item No. Cuvette: 1.8ml (40 cuvettes /carton) ...... 06/11/86 67534/93. Eastman Kodak Company ...... KODATROL Control I Control and Diluent 1 Set: 2 amber glass vials ea. 6 ml 1 07/21/88 Set. Box: 12 sets. Eastman Kodak Company ...... KODATROL Control II Control and Dilu- 1 Set: 2 amber glass vials ea. 6 ml 1 07/21/88 ent Set. Box: 12 sets. Eastman Kodak Company ...... Kodak EKTACHEM Specialty Calibrator .. Vial: 3ml ...... 09/13/85 Eastman Kodak Company ...... Kodak EKTACHEM Specialty Control I .... Vial: 3ml ...... 09/13/85 Eastman Kodak Company ...... Kodak Ektachem Specialty Control II ...... Glass Vial: 6 ml ...... 11/10/87 Electro-Nucleonics Laboratories, Incor- VIRGO IPA Immuno-Precipitation Assay Kit ...... 11/30/82 porated. for Phenobarbital. Eli Lilly and Company ...... Propoxyphene Industrial Hygiene Air Cassette: Plastic ...... 07/13/94 Monitoring Sample Cassette. Endocrine Metabolic Center ...... 0.1% Lysozyme-Barbital Buffer, 0.05M .... Glass Bottle: 2 liter ...... 05/28/87 Endocrine Metabolic Center ...... 1% Lysozyme-Barbital Buffer, 0.05M ...... Glass Bottle: 2 liter ...... 05/28/87 Endocrine Metabolic Center ...... Barbital Buffer, 0.05M ...... Plastic Bottle: 3000 ml ...... 05/28/87 Endocrine Metabolic Center ...... Barbital Buffer, 0.1M ...... Plastic Bottle: 3000 ml ...... 05/28/87 Endocrine Metabolic Center ...... Tracer Diluent ...... Glass Bottle: 1 or 2 liter ...... 05/28/87 Environmental Diagnostics, Inc...... EZ-Screen: Cannabinoid Enzyme Con- Ampule: 1 ml ...... 02/03/87 jugate. Environmental Diagnostics, Inc...... EZ-Screen: Cannabinoid Kit Catalog No. Kit: 1 test ...... 02/03/87 216-2BP. Environmental Diagnostics, Inc...... EZ-Screen: Cannabinoid Positive Control Ampule: 1 ml ...... 02/03/87 Environmental Diagnostics, Inc...... EZ-Screen: Cannabinoid/Cocaine-En- Polyethylene Tube: containing ampule 12/20/88 zyme Conjugate. with 1 tablet, Kit: 1 test. Environmental Diagnostics, Inc...... EZ-Screen: Cannabinoid/Cocaine-Positive Polyethylene Tube: 2.2ml, Kit: 1 test ...... 12/20/89 Control. Fisher Diagnostics ...... TheraChem Anticonvulsants/Theophylline, Kit: 9 vials, vial: 5ml ...... 03/03/81 Level I, II. Fisher Scientific ...... Electrophoretic Buffer No. 1 pH 8.60, Packet: 12.14 g...... 10/27/72 Ionic Strength 0.05, Catalog No. E-1. Fisher Scientific ...... Electrophoretic Buffer No. 2, pH 8.60, Packet: 18.16 g...... 10/27/72 Ionic Strength 0.075, Catalog No. E-2. Fisher Scientific ...... IL-Test Phenobarbital ...... Kit: contains 2 plastic containers of rea- 03/15/88 gent 2. Fisher Scientific ...... IL-Test Phenobarbital Conjugate, Rea- Plastic Container: 16 ml ...... 03/15/88 gent 2. Fisher Scientific ...... Owren's Veronal Buffer, CS1094-34 ...... Vial: 10 ml ...... 08/18/86 Fisher Scientific ...... Owren's Veronal Buffer, CS1094-38 ...... Vial: 25 ml ...... 08/18/86 Fisher Scientific ...... SeraChem Abnormal Clinical Chemistry Vial: 5ml, 10ml ...... 04/16/82 Control Serum (Human) Unassayed No. 2906. Fisher Scientific ...... SeraChem Abnormal Clinical Chemistry Vial: 5ml ...... 04/16/82 Control Serum (Human), Assayed No. 2905. Fisher Scientific ...... SeraChem Normal Clinical Chemistry Vial: 5ml ...... 04/16/82 Control Serum (Human), Assayed No.2907. Fisher Scientific ...... SeraChem Plus Clinical Chemistry Con- Vial: 10ml, Box: 50 vials, Carton: 4 boxes 07/25/89 trol Sera Unassayed (Bovine) Level I. Fisher Scientific ...... SeraChem Plus Clinical Chemistry Con- Vial: 10 ml, Box: 50 vials, Carton: 4 07/25/89 trol Sera Unassayed (Bovine) Level II. boxes. Fisher Scientific ...... Serachem Normal Clinical Chemistry Vial: 5ml, 10ml ...... 04/16/82 Control Serum (Human), Unassayed No. 2908. Fisher Scientific ...... TDM Cal ...... Kit: 7 Vials ...... 11/26/86 Fisher Scientific ...... TDM Cal (B-F) ...... Vials: 5 ml ...... 11/26/86 Fisher Scientific ...... Thera Chem TDC Therapeutic Drug Con- Kit: 6 vials ...... 01/12/84 trols, Low and High Levels, 2840-58. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15993

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Fisher Scientific ...... TheraChem-Plus TDC Therapeutic Drug Kit: 9 vials ...... 03/19/86 Controls, Tri-Level, No. 2845-94. Fisher Scientific ...... Therapeutic Drug Control, High Level III, Vial: 5ml ...... 03/19/86 No. 2848-31. Fisher Scientific ...... Therapeutic Drug Control, High Level, Vial: 5ml ...... 01/12/84 2842-31. Fisher Scientific ...... Therapeutic Drug Control, Low Level I, Vial: 5ml ...... 03/19/86 No. 2846-31. Fisher Scientific ...... Therapeutic Drug Control, Low Level, Vial: 5ml ...... 01/12/84 2841-31. Fisher Scientific ...... Therapeutic Drug Control, Mid-Range Vial: 5ml ...... 03/19/86 Level II, No. 2847-31. Fisher Scientific ...... Urine Chemistry Control (Human) Level Vial: 25ml ...... 04/06/78 II, No. 2935-80. Fisher Scientific ...... Urine Toxicology Control No. 2950-61 ..... Vial: 25ml ...... 04/06/78 Flow Laboratories ...... DGV No. 28-010 ...... Bottle: 125 ml ...... 04/16/73 Flow Laboratories ...... Human ≥O≥ DGV (Dextrose Gelatin Vero- Glass Vial: 100 ml ...... 10/14/76 nal Buffer) No. 28-080. GIBCO Laboratories ...... Complement Fixation Buffer Solution, pH Bottle: 1 liter ...... 01/28/74 7.3-7.4, NDC 0118115-0247-1. GIBCO Laboratories ...... Complement Fixation Buffer Solution, pH Bottle: 500 ml ...... 04/05/77 7.3-7.4, NDC 011815-0247-2. GIBCO Laboratories ...... Dextrose-Gelatin-Veronal Buffer Solution Bottle: 100 and 500 ml ...... 07/05/73 NDC No.815-0566-1 and No.815-0566- 2. GIBCO Laboratories ...... Electrophoresis Buffer Solution, pH 8.6, Bottle: 1 liter ...... 01/28/74 NDC 011815-0245-1. GIBCO Laboratories ...... I.E.P. Buffer Solution pH 8.2 NDC Bottle: 1 liter ...... 01/28/74 011815-0246-1. Gelman Sciences, Inc...... Drug Control Set No 51911 ...... Set: 3 vials of 50 ml each ...... 04/06/72 Gelman Sciences, Inc...... Drug Standard Set, No 51910 ...... Set: 3 vials of 2 ml each ...... 04/06/72 Gelman Sciences, Inc...... Hi-Phore Buffer ...... Glass Vial: 15 g...... 02/11/82 Gelman Sciences, Inc...... High Resolution Buffer-Tris Barbital Buffer Vial: 10 dr ...... 12/22/71 No 51104. Gumm Chem. Co...... Niflow Initial Additive ...... Drums: 5 Gallons ...... 09/30/85 Gumm Chem. Co...... Niflow Maintenace Additive ...... Drums: 5 Gallons ...... 09/30/85 Hach Chemical Co...... pH 8.3 Buffer Powder Pillows. No.898-98 Pillow: 1 g. each ...... 11/30/71 Helena Laboratories ...... CK-LD Buffer Catalog No. 5808 ...... Packet: 18.332 g. , 10 packets/box ...... 03/26/86 Helena Laboratories ...... Cardio REP CK Isoenzymes Gel ...... Plate: 4.6≥x 2.4≥ ...... 09/24/93 Helena Laboratories ...... Cardio REP CK Isoenzymes Kit, Catι Kit: 10 Plates ...... 09/24/93 3310. Helena Laboratories ...... Cardio REP CK Isoforms Gel ...... Plate: 4.6≥x 2.4≥ ...... 09/24/93 Helena Laboratories ...... Cardio REP CK Isoforms Kit, Catι 3305 .. Kit: 10 Plates ...... 09/24/93 Helena Laboratories ...... Electra B1 Buffer, Catalog No.5016 ...... Packet: 13.1g. 10 packets/ box ...... 12/28/73 Helena Laboratories ...... Electra B2 Buffer , Catalog No. 5017 ...... Packet: 18.2 g. 10 packets/ box ...... 12/28/73 Helena Laboratories ...... Electra HR Buffer, Catalog No. 5805 ...... Packet: 18.1 g. 10 packets/ box ...... 12/28/73 Helena Laboratories ...... HDL Electrophoresis Buffer ...... Packet: 36 g...... 12/18/85 Helena Laboratories ...... Isoamylase Cathode Buffer ...... Packet: 9.7 g...... 12/18/85 Helena Laboratories ...... Isoamylase Kit Catalog No. 5925 ...... Kit: 2 Packets Cathode Buffer ...... 01/24/86 Helena Laboratories ...... Owren's Veronal Buffer Cat. No. 5375 ..... Plastic Bottle: 125 ml ...... 09/15/88 Helena Laboratories ...... REP ALP-15 Gel ...... Plate: 5.8≥x 5.5≥ ...... 08/26/93 Helena Laboratories ...... REP Alkaline Phosphatase Catι 3152 ...... Kit: 10 Plates ...... 08/26/93 Helena Laboratories ...... REP CK Isoforms-15 ...... Plate: 5.8≥x5.5≥ ...... 03/09/88 Helena Laboratories ...... REP CK Isoforms-15 Kit: Cat. No. 3081 .. Kit: 10 plates ...... 03/09/88 Helena Laboratories ...... REP CK Isoforms-4 Catι 3083 ...... Kit: 10 Plates ...... 08/26/93 Helena Laboratories ...... REP CK Isoforms-4 Gel ...... PLate: 5.8≥x 1.25≥ ...... 08/26/93 Helena Laboratories ...... REP CK Isoforms-8 Catι 3082 ...... Kit: 10 Plates ...... 08/26/93 Helena Laboratories ...... REP CK Isoforms-8 Gel ...... Plate: 5.8≥x 2.18≥ ...... 08/26/93 Helena Laboratories ...... REP CK-12 ...... Plate: 5.8≥x2.18≥ ...... 03/09/88 Helena Laboratories ...... REP CK-12 Isoenzyme Kit: Cat. No. 3071 Kit: 10 plates ...... 03/09/88 Helena Laboratories ...... REP CK-2 STAT Kit, Cat. No. 3074 ...... Kit: 10 plates (5.8≥ X 0.6≥) ...... 03/30/89 Helena Laboratories ...... REP CK-30 ...... Plate: 5.8≥x5.5≥ ...... 03/09/88 Helena Laboratories ...... REP CK-30 Isoenzyme Kit ...... Kit: 10 plates ...... 03/09/88 Helena Laboratories ...... REP CK-6 ...... Plate: 5.8≥x1.25≥ ...... 03/09/88 Helena Laboratories ...... REP CK-6 Isoenzyme Kit: Cat. No. 3072 . Kit: 10 plates ...... 03/09/88 Helena Laboratories ...... REP ImmunoFix Kit ι 3150 ...... Kit: 10 plates ...... 03/09/93 Helena Laboratories ...... REP LD ...... Plates: 5.8≥x5.5≥, 5.8≥x2.18≥, 5.8≥x1.25≥ 03/09/88 Helena Laboratories ...... REP SPE Hi Res-15 Kit, Cat. No. 3176 ... Kit: 10 plates (5.8≥ X 5.5≥) ...... 03/30/89 Helena Laboratories ...... REP SPE-16 Template (Acid Blue) Kit, Kit: 10 Plates ...... 09/14/93 Catι 3171. Helena Laboratories ...... REP SPE-16 Template (Ponceau S) Kit, Kit: 10 Plates ...... 09/14/93 Catι 3161. 15994 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Helena Laboratories ...... REP SPE-16 Template Gel ...... Plate: 5.8≥x 2.18≥ ...... 09/14/93 Helena Laboratories ...... REP SPE-30 Template (Acid Blue) Kit, Kit: 10 Plates ...... 09/14/93 Catι 3170. Helena Laboratories ...... REP SPE-30 Template (Ponceau S) Kit, Kit: 10 Plates ...... 09/14/93 Catι 3160. Helena Laboratories ...... REP SPE-30 Template Gel ...... Plate: 5.8≥x 5.5≥ ...... 09/14/93 Helena Laboratories ...... REP SPE-8 Template (Acid Blue) Kit, Kit: 10 Plates ...... 09/14/93 Catι 3172. Helena Laboratories ...... REP SPE-8 Template (Ponceau S) Kit, Kit: 10 Plates ...... 09/14/93 Catι 3162. Helena Laboratories ...... REP SPE-8 Template Gel ...... Plate: 5.8≥x 1.25≥ ...... 09/14/93 Helena Laboratories ...... REP Ultra-30 HDL, VLDL/LDL Gel ...... Plate: 5.8≥x 5.5≥ ...... 09/24/93 Helena Laboratories ...... REP Ultra-30 HDL, VLDL/LDL Kit, Catι Kit: 10 Plates ...... 09/24/93 3183. Helena Laboratories ...... REP Ultra-8 HDL, VLDL/LDL Gel ...... Plate: 5.8≥x 1.25≥ ...... 09/24/93 Helena Laboratories ...... REP Ultra-8 HDL, VLDL/LDL Kit, Catι Kit: 10 Plates ...... 09/24/93 3185. Helena Laboratories ...... REP-HDL-12 Isoenzyme Kit Cat. No. Kit: 10 Plates (5.8≥ X 2.18≥) ...... 09/15/88 3187. Helena Laboratories ...... REP-HDL-30 Isoenzyme Kit Cat. No. Kit: 10 Plates (5.8≥ X 5.5≥) ...... 09/15/88 3186. Helena Laboratories ...... REP-HDL-6 Isoenzyme Kit Cat. No. 3188 Kit: 10 Plates (5.8≥ X 1.25≥) ...... 09/15/88 Helena Laboratories ...... REP-Lipo-12 Kit Cat. No. 3181 ...... Kit: 10 Plates (5.8≥ X 2.18≥) ...... 09/15/88 Helena Laboratories ...... REP-Lipo-30 Kit Cat. No. 3180 ...... Kit: 10 Plates (5.8≥ X 5.5≥) ...... 09/15/88 Helena Laboratories ...... REP-Lipo-6 Kit Cat. No. 3182 ...... Kit: 10 Plates (5.8≥ X 1.25≥) ...... 09/15/88 Helena Laboratories ...... REP-SP-12 Isoenzyme Kit Cat. No. 3171 Kit: 10 Plates (5.8≥ X 2.18≥) ...... 09/15/88 Helena Laboratories ...... REP-SP-30 Isoenzyme Kit Cat. No. 3170 Kit: 10 Plates (5.8≥ X 5.5≥) ...... 09/15/88 Helena Laboratories ...... REP-SP-6 Isoenzyme Kit Cat. No. 3172 .. Kit: 10 Plates (5.8≥ X 1.25≥) ...... 09/15/88 Helena Laboratories ...... Super Z-12XHDL Cholesterol Supply Kit Kit: 3 Packages buffer 36 g...... 01/24/86 Catalog No. 5470). Helena Laboratories ...... TITAN GEL Alkaline Phosphatase (HR) Kit: 10 Plates ...... 08/26/93 Catι 3058. Helena Laboratories ...... TITAN GEL Alkaline Phosphatase (HR) Kit: 1 bag ...... 06/19/89 Kit, Cat. No. 3058. Helena Laboratories ...... TITAN GEL Alkaline Phosphatase Buffer . Plastic Bag: 13.1g ...... 06/19/89 Helena Laboratories ...... TITAN GEL Alkaline Phosphatase Gel ..... Plate: 3.5≥x 2.9≥ ...... 08/26/93 Helena Laboratories ...... Titan Gel High Resolution Protein Buffer . Packet: 25.9 g...... 04/12/83 Helena Laboratories ...... Titan Gel High Resolution Protein Kit Kit: 10 Plates (90mm X 75mm) , 2 Pack- 03/03/86 Catalog No. 3040. ages Buffer. Helena Laboratories ...... Titan Gel High Resolution Protein Plate ... Plate: (90mm X 75mm) ...... 03/03/86 Helena Laboratories ...... Titan Gel IFE Buffer ...... Packet: 25.9 g...... 12/18/85 Helena Laboratories ...... Titan Gel IFE Plate ...... Plate: (90mm X 75mm) ...... 03/05/86 Helena Laboratories ...... Titan Gel Immuno Fix Kit Catalog Kit: 10 Plates (90mm X 75mm), 2 Pack- 01/24/86 No.3046. ets IFE Buffer. Helena Laboratories ...... Titan Gel ImmunoFix Plus Kit ι 3067 ...... Kit: 10 plates, 1 pkg IFE buffer ...... 03/09/93 Helena Laboratories ...... Titan Gel ImmunoFix-9 Kit ι 3051 ...... Kit: 10 plates, 1 pkg IFE buffer ...... 03/09/93 Helena Laboratories ...... Titan Gel Iso Dot LDH Buffer ...... Packet: 19.6 g...... 01/07/86 Helena Laboratories ...... Titan Gel Iso Dot LDH Isoenzyme Plate .. Plate: (90mm X 75mm) ...... 12/18/85 Helena Laboratories ...... Titan Gel Iso Dot LDH Kit Catalog Kit: 10 Plates (90mm X 75mm), 1 Packet 01/24/86 No.3062. Iso Dot LDH Buffer. Helena Laboratories ...... Titan Gel LD Buffer ...... Packet: 21.5 g ...... 11/26/86 Helena Laboratories ...... Titan Gel LD Isoenzyme Diluent ...... Bottle: 10 ml ...... 11/26/86 Helena Laboratories ...... Titan Gel LDH Isoenzyme Buffer ...... Packet: 22.7 g...... 03/07/83 Helena Laboratories ...... Titan Gel LDH Isoenzyme Plate ...... Plate: (90mm X 75mm) ...... 12/18/85 Helena Laboratories ...... Titan Gel LDH Isoenzyme Reagent ...... Vial: 2ml, 10 vials/box ...... 01/07/86 Helena Laboratories ...... Titan Gel Lipoprotein Buffer ...... Packet: 17.3 g...... 12/18/85 Helena Laboratories ...... Titan Gel Lipoprotein Kit Catalog No.3045 Kit: 1 Packet Buffer ...... 01/24/86 Helena Laboratories ...... Titan Gel Lipoprotein Plate ...... Plate: (90 x 75 mm) ...... 01/09/87 Helena Laboratories ...... Titan Gel Multi-Slot Lipo-17 Kit Catalog Kit: 10 plates (81 x 143 mm) 1 packet 01/09/87 No. 3095. buffer (21.6 g). Helena Laboratories ...... Titan Gel Multi-Slot Lipo-17 Plate ...... Plate: (81 x 143 mm) ...... 01/09/87 Helena Laboratories ...... Titan Gel Multi-Slot SP-17 Kit Catalog Kit: 10 plates (81 x 143 mm) 1 packet 01/09/87 No. 3091. buffer (29.1 g). Helena Laboratories ...... Titan Gel Multi-Slot SP-17 Plate ...... Plate: 81 x 143 mm ...... 01/09/87 Helena Laboratories ...... Titan Gel Serum Protein Buffer ...... Packet: 29.1 g...... 04/12/83 Helena Laboratories ...... Titan Gel Serum Protein Kit Catalog No. Kit: 10 Plates (90mm X 75mm), 1 Packet 01/24/86 3041. Buffer. Helena Laboratories ...... Titan Gel Serum Protein Plate ...... Plate: (90mm X 75mm) ...... 12/18/85 Helena Laboratories ...... Titan Gel Silver Stain Buffer ...... Packet: 25.9g ...... 12/18/85 Helena Laboratories ...... Titan Gel Silver Stain Kit Catalog Kit: 10 Plates (90mm X 75mm), 2 Pack- 01/24/86 No.3035. ets Buffer. Helena Laboratories ...... Titan Gel Silver Stain Plate ...... Plate: (90mm X 75mm) ...... 03/03/86 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15995

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Helena Laboratories ...... Titan Gel-PC LDH Isoenzyme Kit Catalog Kit: 10 Plates (90mm X 75mm), 1 Packet 01/24/86 No. 3053. LDH Buffer, 1 Box LDH Reagent. Helena Laboratories ...... Titan Gel-PC LDH Isoenzyme Plate ...... Plate: (90mm X 75mm) ...... 12/18/85 Helena Laboratories ...... Titan III Agar Catalog No. 5023 ...... Packet: 5 g. (5 Packets/box) ...... 12/28/73 Helena Laboratories ...... Titan IV IE Plate (large) ...... Package: plates, 3 by 4 in...... 12/28/73 Helena Laboratories ...... Titan IV IE Plate (small) ...... Package: plates, 1 by 3 in...... 12/28/73 Helena Laboratories ...... Titan IV IE Plate Kit ...... Kit: 12 small (1 by 3 in.) IE plates, 1 box 12/28/73 B1 Buffer. Helena Laboratories ...... Titan IV IE Plate Kit ...... Kit: 10 large (3 by 4 in.) IE Plates, 1 box 12/28/73 B1 Buffer. High Standard Products ...... (DL) Methamphetamine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... (DL) Methamphetamine-d10 100ug/ml ..... Ampule: 2ml ...... 05/11/93 High Standard Products ...... (DL) Methamphetamine-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... 11-Nor-Delta-8-Carboxy THC; 1.0mg/ml .. Ampule: 2ml ...... 04/15/94 High Standard Products ...... 11-Nor-Delta-8-Carboxy- Ampule: 2ml ...... 05/11/93 Tetrahydrocannabinol 100ug/ml. High Standard Products ...... 11-Nor-Delta-9-Carboxy THC Controls; Ampules: 6; 3 of 2ml, 3 of 20ml ...... 04/15/94 10, 20, 100 ng/ml. High Standard Products ...... 11-Nor-Delta-9-Carboxy THC Screening/ Ampules: 10; 5 of 2ml, 5 of 20ml ...... 04/15/94 Confirmation Calibrators; 10, 25, 50, 100, 250, ng/ml. High Standard Products ...... 11-Nor-Delta-9-Carboxy THC-d10; 0.1mg/ Ampule: 2ml ...... 04/15/94 ml. High Standard Products ...... 11-Nor-Delta-9-Carboxy THC; 1.0mg/ml .. Ampule: 2ml ...... 04/15/94 High Standard Products ...... 11-Nor-Delta-9-Carboxy- Ampule: 2ml ...... 05/11/93 Tetrahydrocannabinol 100ug/ml. High Standard Products ...... 11-Nor-Delta-9-Carboxy- Ampule: 2ml ...... 05/11/93 Tetrahydrocannabinol-d10 100ug/ml. High Standard Products ...... 11-Nor-Delta-9-Carboxy- Ampule: 2ml ...... 05/11/93 Tetrahydrocannabinol-d3 100ug/ml. High Standard Products ...... 3, 4-Methylenedioxymethamphetamine Ampule: 2ml ...... 05/11/93 (MDMA) 100ug/ml. High Standard Products ...... 3, 4-Methylenedioxymethamphetamine-d5 Ampule: 2ml ...... 05/11/93 (MDMA) 100ug/ml. High Standard Products ...... 3-Methylfentanyl 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... 3-Methylfentanyl-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... 4-Hydroxyamphetamine; 1.0mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... 4-Hydroxymethamphetamine; 1.0mg/ml ... Ampule: 2ml ...... 04/15/94 High Standard Products ...... 4-Methoxyamphetamine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... 4-Methoxyamphetamine-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... 6-Acetylmorphine 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... 6-Acetylmorphine-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... 6-Acetylmorphine; 0.1mg/ml, 1.0mg/ml .... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Amphetamine Cut-Off Controls; 375, 625, Ampules: 3; 20ml each ...... 04/15/94 1500 ng/ml. High Standard Products ...... Amphetamine Screening Confirmation Ampules: 4; 20ml each ...... 04/15/94 Calibrators; 500, 1000, 1500, 2000 ng/ ml. High Standard Products ...... Benzoylecgonine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Benzoylecgonine Cut-Off Controls; 100, Ampules: 3; 20ml each ...... 04/15/94 200, 300, ng/ml. High Standard Products ...... Benzoylecgonine Propyl Ester 1.0mg/ml .. Ampule: 2ml ...... 05/11/93 High Standard Products ...... Benzoylecgonine Screening Confirmation Ampules: 4; 20ml each ...... 04/15/94 Calibrators; 150, 300, 450, 600 ng/ml. High Standard Products ...... Benzoylecgonine-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Benzoylecgonine-d3; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Benzoylecgonine-d8 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Benzoylecgonine-d8; 0.1mg/ml ...... Ampule; 2ml ...... 04/15/94 High Standard Products ...... Cocaethylene 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Cocaethylene-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Cocaethylene-d3; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Cocaethylene-d8 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Cocaethylene-d8; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Cocaine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Cocaine-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Cocaine-d8 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Codeine 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Codeine Cut-Off Controls; 225, 375, 900 Ampules: 3; 20ml each ...... 04/15/94 ng/ml. High Standard Products ...... Codeine Screening Confirmation Cali- Ampules: 4; 20ml each ...... 04/15/94 brators; 300, 600, 900, 1200 ng/ml. High Standard Products ...... Codeine-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 15996 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

High Standard Products ...... Codeine-d3; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Codeine-d6 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Codeine-d6; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... D-Amphetamine; 1.0mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... DL Amphetamine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... DL Amphetamine-d10 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... DL Amphetamine-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... DL-Amphetamine-d11; 0.1mg/ml ...... Ampule: 2ml, 20ml ...... 04/15/94 High Standard Products ...... DL-Amphetamine-d5; 0.1mg/ml ...... Ampule; 2ml ...... 04/15/94 High Standard Products ...... DL-Amphetamine-d6; 0.1mg/ml ...... Ampule: 2ml, 20ml ...... 04/15/94 High Standard Products ...... Delta-8-Tetrahydrocannabinol 100ug/ml ... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Delta-9-THC; 1.0mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Delta-9-Tetrahydrocannabinol 100ug/ml ... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Delta-9-Tetrahydrocannabinol 100ug/ml ... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Delta-9-Tetrahydrocannabinol-d10 100ug/ Ampule: 2ml ...... 05/11/93 ml. High Standard Products ...... Delta-9-Tetrahydrocannabinol-d6 100ug/ Ampule: 2ml ...... 05/11/93 ml. High Standard Products ...... Diazepam 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Diazepam-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Diphenoxylate 1.0 mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Ecgonine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Ecgonine Methyl Ester 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Ecgonine Methyl Ester-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Ecgonine-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Fentanyl 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Fentanyl-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Fentanyl-d5; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Hydrocodone 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Hydrocodone-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Hydromorphone 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Hydromorphone-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Lysergic Acid Diethylamide 25 ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Lysergic Acid Diethylamide-d3 25 ug/ml .. Ampule: 2ml ...... 05/11/93 High Standard Products ...... Lysergic Acid Diethylamide-d7; 0.025mg/ Ampule: 2ml ...... 04/15/94 ml. High Standard Products ...... Lysergic Acid Diethylamide-dl 25ug/ml ..... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Lysergic Acid N-Methyl-Propylamide Ampule: 2ml ...... 05/11/93 (LAMPA) 25ug/ml. High Standard Products ...... Methadone 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Methadone-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Methamphetamine Cut-Off Controls; 225, Ampules: 3; 20ml each ...... 04/15/94 375, 900 ng/ml. High Standard Products ...... Methamphetamine Screening Confirma- Ampules: 4; 20ml each ...... 04/15/94 tion Calibrators; 500, 1000, 1500, 2000 ng/ml. High Standard Products ...... Methamphetamine-d14; 0.1mg/ml ...... Ampule: 2ml, 20ml ...... 04/15/94 High Standard Products ...... Methamphetamine-d5; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Methamphetamine-d9; 0.1mg/ml ...... Ampule: 2ml, 20ml ...... 04/15/94 High Standard Products ...... Methaqualone 1.0 mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Methaqualone-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Methylenedioxyamphetamine (MDA) Ampule: 2ml ...... 05/11/93 1.0mg/ml. High Standard Products ...... Methylenedioxyamphetamine (MDA) d-5 Ampule: 2ml ...... 05/11/93 100ug/ml. High Standard Products ...... Morphine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Morphine Cut-Off Controls; 225, 375, 900 Ampules: 3; 20ml each ...... 04/15/94 ng/ml. High Standard Products ...... Morphine Screening Confirmation Cali- Ampule: 4; 20ml each ...... 04/15/94 brators; 300, 600, 900, 1200 ng/ml. High Standard Products ...... Morphine-d3 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Morphine-d3; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Morphine-d4; 0.1mg/ml ...... Ampule: 2ml, 20ml ...... 04/15/94 High Standard Products ...... NIDA Cut-Off Controls; Levels 1, 2, 3 ...... Ampules: 6; 3 of 2ml, 3 of 20ml ...... 04/15/94 High Standard Products ...... Norcocaine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Norcodeine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Nordiazepam 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Nordiazepam-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Normorphine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Oxazepam 1.0mg/ml ...... Ampule: 2ml ...... 05/11/9 High Standard Products ...... Oxazepam-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Phencyclidine 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15997

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

High Standard Products ...... Phencyclidine Cut-Off Controls; 18, 32, Ampules: 3; 20ml each ...... 04/15/94 75 ng/ml. High Standard Products ...... Phencyclidine Screening Confirmation Ampule: 4; 20ml each ...... 04/15/94 Calibrators; 25, 50, 75, 100 ng/ml. High Standard Products ...... Phencyclidine-d10 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Phencyclidine-d10; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Phencyclidine-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Phencyclidine-d5; 0.1mg/ml ...... Ampule: 2ml ...... 04/15/94 High Standard Products ...... Temazepam 1.0mg/ml ...... Ampule: 2ml ...... 05/11/93 High Standard Products ...... Temazepam-d5 100ug/ml ...... Ampule: 2ml ...... 05/11/93 Hycor Biomedical, Inc...... Hycor AccuPINCH Cocaine Test ...... Bottle: 3ml Kit: 50 tests ...... 08/21/90 Hycor Biomedical, Inc...... Hycor AccuPINCH Methamphetamine bottle: 3ml; Kit: 50 Tests ...... 10/29/91 Test. Hycor Biomedical, Inc...... Hycor AccuPINCH Morphine Test ...... Bottle: 3ml Kit: 50 tests ...... 08/21/90 Hycor Biomedical, Inc...... Hycor AccuPINCH Phencyclidine Test ..... Bottle: 3ml Kit: 50 tests ...... 08/21/90 Hycor Biomedical, Inc...... Hycor AccuPINCH THC Test ...... Bottle: 3ml; Kit: 50 Tests ...... 10/29/91 Hycor Biomedical, Inc...... Sentry Drugs of Abuse Urine Calibrator Bottle: 10ml Kit: 4 bottles, 12 bottles ...... 08/24/90 BARBITURATES Urine Calibrator- 4 levels. Hycor Biomedical, Inc...... Sentry Drugs of Abuse Urine Calibrator Bottle: 10ml Kit: 4 bottles, 12 bottles ...... 08/24/90 DELTA-9-THC Urine Calibrator - 4 lev- els. Hycor Biomedical, Inc...... Sentry Drugs of Abuse Urine Calibrator Bottle: 10ml Kit: 4 bottles, 12 bottles ...... 08/24/90 NORDIAZEPAM Urine Calibrator - 3 levels. Hycor Biomedical, Inc...... Sentry Drugs of Abuse Urine Calibrator Bottle: 10ml Kit: 4 bottles, 12 bottles ...... 08/24/90 OPIATES Urine Calibrator - 4 levels. Hycor Biomedical, Inc...... Sentry Drugs of Abuse Urine Calibrator Bottle: 10ml Kit: 4 bottles, 12 bottles ...... 08/24/90 PHENCYCLIDINE Urine Calibrator - 4 levels. Hycor Biomedical, Inc...... Sentry Drugs of Abuse Urine Calibrator, Vial: 10ml, Kit: 12 vials, Kit: 4 vials ...... 03/29/89 Amphetamine Urine Calibrator - 4 level. Hycor Biomedical, Inc...... Sentry Drugs of Abuse Urine Calibrator, Vial: 10ml, Kit: 12 vials, Kit: 4 vials ...... 03/29/89 Benzoylecgonine Urine Calibrator - 4 level. Hycor Biomedical, Inc...... Sentry Ligand/Combo Control High Level Vial: 10ml Box: 15 vials ...... 03/01/90 Hycor Biomedical, Inc...... Sentry Ligand/Combo Control Low Level . Vial: 10ml Box: 15 vials ...... 03/01/90 Hycor Biomedical, Inc...... Sentry Ligand/Combo Control Mid Level .. Vial: 10ml Box: 15 vials ...... 03/01/90 Hycor Biomedical, Inc...... Sentry Ligand/Combo Control Multi-Pack Kit: 15 vials ...... 03/01/90 Hycor/ICL Scientific ...... Drugs of Abuse Comprehensive Urine Bottle: 30ml ...... 02/24/89 Control, HIGH POSITIVE. Hycor/ICL Scientific ...... Drugs of Abuse Comprehensive Urine Bottle: 30ml ...... 02/24/89 Control, LOWER THRESHOLD. Hycor/ICL Scientific ...... Drugs of Abuse Comprehensive Urine Bottle: 30ml ...... 02/24/89 Control, UPPER THRESHOLD. Hycor/ICL Scientific ...... Drugs of Abuse Urine Control, CON- Box: 4-100 ml Bottles ...... 10/21/88 FIRMATION. Hycor/ICL Scientific ...... Drugs of Abuse Urine Control, SCREEN . Box: 4-30 ml Bottles ...... 10/21/88 ICL Scientific ...... Therapeutic Drug Control I , TDC I (High Glass Vial: 10ml ...... 08/14/85 Level). ICL Scientific ...... Therapeutic Drug Control I, II, III, Tri- Glass Vials (12): 10ml ...... 08/14/85 Level TDC Multipack.. ICL Scientific ...... Therapeutic Drug Control II, TDC II (Mid- Glass Vial: 10ml ...... 08/14/85 Level). ICL Scientific ...... Therapeutic Drug Control III, TDC III (Low Glass Vial: 10ml ...... 08/14/85 Level). ICN Micromedic Systems, Inc...... Immunogen: BZ-A ...... Plastic Vial: 1.5 ml ...... 02/29/88 ICN Micromedic Systems, Inc...... Immunogen: BZ-B ...... Plastic Vial: 1.5 ml ...... 02/29/88 ICN Micromedic Systems, Inc...... Immunogen: CD-A ...... Plastic Vial: 1.5 ml ...... 02/29/88 ICN Micromedic Systems, Inc...... Immunogen: M-A ...... Plastic Vial: 1.5 ml ...... 02/29/88 ICN Micromedic Systems, Inc...... Immunogen: M-B ...... Plastic Vial: 1.5 ml ...... 02/29/88 ICN Micromedic Systems, Inc...... Immunogen: TF-A ...... Plastic Vial: 1.5 ml ...... 02/29/88 ICN Micromedic Systems, Inc...... Micromedic Combostat THC/Cocaine Amber Glass Vial: 2 ml Plastic Bottle: 100 02/24/88 STANDARDS-2, 3, and 4. ml. ICN Micromedic Systems, Inc...... Micromedic CrackPot 57Co/125I Tracer Plastic Bottle: 25 ml, 1000 ml ...... 02/24/88 Solution. ICN Micromedic Systems, Inc...... Micromedic Morphine 125I Tracer Solu- Bottle: 50 ml, 1000 ml ...... 02/29/88 tion. ICN Micromedic Systems, Inc...... Micromedic Morphine Standards 2, 3 and Bottle: 5 ml, 100 ml ...... 02/29/88 4. INCSTAR Corporation ...... (125I) Human TSH Tracer Cat. No. CA- Vial: 15ml ...... 03/08/91 2623. 15998 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

INCSTAR Corporation ...... Anticonvulsant Drug Controls Levels I Vial: 3.5ml ...... 03/08/91 and II Cat. Nos. CA-2419, CA-2420. INCSTAR Corporation ...... Assay Buffer Cat. No. CA-2742 ...... Bottle: 150ml ...... 03/08/91 INCSTAR Corporation ...... Clinical Assays Gamma Coat (125I) Phe- Kit: 50, 500 assays ...... 03/08/91 nobarbital Radioimmunoassay Kits Cat. Nos. CA-2545, CA-2565. INCSTAR Corporation ...... Clinical Assays Gamma Coat (125I) Phe- Kit: 50, 500 assays ...... 03/08/91 nytoin Radioimmunoassay Kits Cat. Nos. CA-2537, CA-2557. INCSTAR Corporation ...... Clinical Assays Gamma Coat (125I) T3 Kit: 100, 500 assays ...... 03/08/91 Uptake Radioimmunoassay Kit Catalog Nos. CA-2539, CA-2539J, CA-2559, CA-2559J. INCSTAR Corporation ...... Clinical Assays Gamma Dab (125I) hTSH Kit: 125 assays; Vial: 15ml ...... 03/08/91 Radioimmunoassay Kit Cat. No. CA- 1591. INCSTAR Corporation ...... HTSH Non-Specific Binding Reagent Cat. Vial: 3.5ml ...... 03/08/91 No. CA-2752. INCSTAR Corporation ...... Human TSH Controls Levels I & II Cat. Vial: 3.5ml ...... 03/08/91 Nos. CA-2452, CA-2453. INCSTAR Corporation ...... Human hTSH Blank Cat. No. CA-2885 .... Vial: 15ml ...... 03/08/91 INCSTAR Corporation ...... Phenobarbital Standards: 1, 3, 10, 30, Bottle: 3.5ml ...... 03/08/91 100 ug/ml Cat. Nos. CA-2380-2384. INCSTAR Corporation ...... Rabbit Anti-Human TSH Serum Cat. No. Vial: 15ml ...... 03/08/91 CA-2145. INCSTAR Corporation ...... htsH Standards: 2, 5, 10, 20, 50 uIU/ml Bottle: 3.5ml ...... 03/08/91 Cat. Nos. CA-2886-2890. Immunotech Corp...... Amphetamine Enzyme Conjugate ...... Bottle: 10.5ml ...... 09/28/89 Immunotech Corp...... Amphetamine Positive Urine Calibrator .... Bottle: 1ml ...... 09/28/89 Immunotech Corp...... Amphetamine-ALK Phos Cat. No. 612; 50 Bottle: 10ml ...... 03/12/90 units, 300 units. Immunotech Corp...... Amphetamine-HRP Cat. No. 613; 50 units Bottle: 10ml ...... 03/12/90 Immunotech Corp...... Benzoylecgonine-Alk Phos Cat.ι 602; 50 Bottle: 10ml ...... 03/12/90 units, 300 units. Immunotech Corp...... Benzoylecgonine-HRP Cat. No. 604; 50 Bottle: 10ml ...... 03/12/90 units, 300 units. Immunotech Corp...... Cocaine Conjugate No. 0364-SIG ...... Bottle: 75ml ...... 06/13/91 Immunotech Corp...... Cocaine Metabolite Enzyme Conjugate ... Vial: 10.5ml ...... 09/28/89 Immunotech Corp...... Cocaine Metabolite Positive Urine Cali- Vial: 2ml ...... 09/28/90 brator. Immunotech Corp...... Delta-8-tetrahydrocannabinol-ALK Phos Bottle: 10 ml ...... 03/12/90 Cat. No. 616; 50 units, 300 units. Immunotech Corp...... Delta-8-tetrahydrocannabinol-HRP Cat. Bottle: 10ml ...... 03/12/90 No. 618; 50 units. Immunotech Corp...... ENDAB Phenobarbital Kit, Cat. No. 119 .. Kit: 100 tests, 4 Bottles: 1 ml ea...... 09/28/89 Immunotech Corp...... Methamphetamine-ALK Phos Cat. No. Bottle: 10ml ...... 03/12/90 614; 50 units. Immunotech Corp...... Methamphetamine-HRP Cat. No. 615; 50 Bottle: 10 ml ...... 03/12/90 units. Immunotech Corp...... Micro Dau Amphetamine Enzyme Kit: 96 tests, Bottle: 10.5 ml, 2 ml ...... 09/28/89 Immunoassay Test Kit. Immunotech Corp...... Micro Dau Benzodiazepine Enzyme Kit: 96 tests, Bottle: 10.5 ml, 2 ml ...... 09/28/89 Immunoassay Test Kit. Immunotech Corp...... Micro Dau Cocaine Metabolite Enzyme Kit: 96 tests, Bottle: 10.5 ml, 2 ml ...... 09/28/89 Immunoassay Test Kit. Immunotech Corp...... Micro Dau Opiates Enzyme Kit: 96 tests ...... 12/19/89 Immunoassay Test Kit. Immunotech Corp...... Micro Dau PCP Enzyme Immunoassay Kit: 96 tests ...... 07/11/90 Kit Cat. No. 175. Immunotech Corp...... Micro Dau THC Enzyme Immunoassay Kit: 96 tests ...... 07/11/90 Test Kit Cat. No. 173. Immunotech Corp...... Morphine Positive Urine Calibrator ...... Vial: 3.5 ml ...... 12/19/89 Immunotech Corp...... Morphine-ALK Phos Cat. No. 610; 50 Bottle: 10ml ...... 03/12/90 units, 300 units. Immunotech Corp...... Morphine-HRP Cat. No. 611; 50 units, Bottle: 10ml ...... 03/12/90 300 units. Immunotech Corp...... Opiates Enzyme Conjugate ...... Vial: 10 ml ...... 12/19/89 Immunotech Corp...... Oxazepam Enzyme Conjugate ...... Bottle: 10.5ml ...... 09/28/89 Immunotech Corp...... Oxazepam Positive Urine Calibrator ...... Bottle: 2ml ...... 09/28/89 Immunotech Corp...... Oxazepam-ALK Phos Cat. No. 606; 50 Bottle: 10ml ...... 03/12/90 units. Immunotech Corp...... Oxazepam-HRP Cat No. 608; 50 units .... Bottle: 10ml ...... 03/12/90 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15999

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Immunotech Corp...... PCP Enzyme Conjugate Cat. No. 375 ..... Vial: 20ml ...... 07/11/90 Immunotech Corp...... PCP Positive Urine Calibrator Cat. No. Vial: 3ml ...... 07/11/90 418. Immunotech Corp...... Phenobarbital Enzyme Conjugate ...... Bottle: 10.0ml ...... 09/28/89 Immunotech Corp...... Phenobarbital Serum Standard: 3ug/ml, 4 Bottles: 1ml each ...... 09/28/89 10ug/ml, 30ug/ml, 80ug/ml. Immunotech Corp...... THC Enzyme Conjugate Cat. No. 373 ..... Vial: 20ml ...... 07/11/90 Immunotech Corp...... THC Positive Urine Calibrator Cat No. Vial: 3ml ...... 07/11/90 416 50ng/ml, 417 100ng/ml. Industrial Analytical Laboratory, Inc...... 11-Nor-Carboxy-Delta-9- Ampule: 1ml ...... 09/04/85 Tetrahydrocannabinol. Industrial Analytical Laboratory, Inc...... 11-hydroxy-delta-9-tetrahydrocannabinol . Ampule: 1 ml ...... 02/18/87 Industrial Optical ...... Opti-Kleen ...... Bottle: 5 gallon ...... 06/24/81 International BioClinical, Inc...... Innofluor Phenobarbital Calibrators 0.0, Bottle: 3 ml ...... 07/09/87 3.0, 8.0, 20.0, 40.0, and 80.0 mcg/ml. International BioClinical, Inc...... Phenobarbital Stock Tracer ...... Vial: 5 ml ...... 09/23/87 International Technidyne Corp...... Hemochron Control Plasma Quality Con- Kit: 18 Tests; Test tube: 9ml; Vial: 5ml .... 03/11/91 trol Test Kit. Janssen Pharmaceutica, Inc...... 3H Alfentanil ...... Vial: 0.5 ml ...... 02/01/87 Janssen Pharmaceutica, Inc...... 3H Fentanyl ...... Vial: 0.5 ml ...... 02/01/87 Janssen Pharmaceutica, Inc...... 3H Sufentanil ...... Vial: 0.5 ml ...... 02/01/87 Janssen Pharmaceutica, Inc...... Alfentanil Radioimmunoassay Kit ...... Kit: 200 tests ...... 05/13/85 Janssen Pharmaceutica, Inc...... Fentanyl Radioimmunoassay Kit ...... Kit: 200 tests ...... 05/13/85 Janssen Pharmaceutica, Inc...... Sufentanil Radioimmunoassay Kit ...... Kit: 500 tests ...... 05/13/85 Kallestad Diagnostics ...... Barbital Buffer 901 ...... Vial ...... 05/19/81 Kallestad Diagnostics ...... IEP Buffer No. 900 ...... Vial: 7 Dram ...... 12/26/78 Kallestad Diagnostics ...... Immunoelectrofilm Catalog No.910 ...... 1 Film Sealed in Cardboard Container ..... 03/11/80 Kallestad Diagnostics ...... Immunoelectrofilms, Catalog No. 1013 .... Styrofoam Container: 25 film ...... 06/22/87 Kallestad Diagnostics ...... Immunoelectrophoresis Reagent Kit, Kit: 3 Vials ...... 06/22/87 Catalog No. 1012. Kallestad Diagnostics ...... Quanticoat 125I-T3 Uptake Kit Catalog Kit: 400 Determinations ...... 12/16/85 No. 823. Kallestad Diagnostics ...... Quanticoat 125I-T3 Uptake Kit, Catalog Kit: 100 tests ...... 06/24/81 No. 833. Kallestad Diagnostics ...... Quanticoat 125I-T3 Uptake Reagent Bottle: 500ml ...... 12/16/85 Catalog No. 785. Kallestad Diagnostics ...... Quanticoat 125I-T3 Uptake Reagent 2 Glass Bottles: 110ml ...... 06/24/81 No.834. LKB Instruments, Inc...... Tris-barbiturate Buffer pH 8.6 ...... Packet: each 6.788 g. 20 packets/box ..... 05/15/78 Lemmon Company ...... Etorphine Standard Solution ...... Plastic Carboy: 1 Liter ...... 10/31/83 Life Technologies, Inc...... AmnioMax-C100 First Dilution ...... Bottle: 1L ...... 02/17/94 Life Technologies, Inc...... AmnioMax-C100 Second Dilution ...... Bottle: 1L ...... 02/17/94 Life Technologies, Inc...... AmnioMax-C100 Stock Solution ...... Bottle: 1L ...... 02/17/94 Life Technologies, Inc...... AmnioMax-C100 Supplement ...... Bottle: 15ml, 75ml ...... 02/17/94 Life Technologies, Inc...... Testosterone Stock Solution ...... Bottle: 1L ...... 10/04/94 MCI Biomedical ...... IEP Buffer, pH 8.2, 0.04 Ionic Strength .... Package: 6.510 grams ...... 08/28/72 Mallinckrodt Chemical, Inc...... Naloxone/6-Beta Naltrexol ...... Bottle: 60ml ...... 10/06/94 Mallinckrodt Chemical, Inc...... Naltrexone/6-beta Naltrexol Standard So- Bottle: 60ml ...... 10/04/94 lution. Materials & Technology Systems ...... 5-Ethyl-5-(1 -Carboxy-N-Propyl) Barbituric Screw Cap Vial: 8ml ...... 05/03/73 Acid. Materials & Technology Systems ...... 5-Ethyl-5-(1 -Carboxy-N-Propyl)Barbituric Vaccine Vial: 8ml ...... 05/03/73 Acid Bovine Serum Albumin or Rabbit Serum Albumin.. Materials & Technology Systems ...... 5-Ethyl-5-(1 -Carboxy-N-Propyl)Barbituric Vaccine Vial: 8ml ...... 05/03/73 Acid Sensitized RBC. Materials & Technology Systems ...... Barbiturate Standard ...... Screwcap Vial: 10ml ...... 09/17/76 Materials & Technology Systems ...... Benzoylecgonine ...... Screw Cap Vial: 25mg and 100 mg ...... 04/18/74 Materials & Technology Systems ...... Benzoylecgonine Standard ...... Screwcap Vial: 10ml ...... 09/17/76 Materials & Technology Systems ...... Carboxymethylmorphine ...... Screw Cap Vial: 8ml ...... 05/03/73 Materials & Technology Systems ...... Carboxymethylmorphine Bovine Serum Vaccine Vial: 8ml ...... 05/03/73 Albumin or Rabbit Serum Albumin. Materials & Technology Systems ...... Carboxymethylmorphine Sensitized RBC . Vaccine Vial: 50ml ...... 05/03/73 Materials & Technology Systems ...... Ecgonine Bovine Serum Albumin or Rab- Vaccine Vial: 8ml ...... 05/03/73 bit Serum Albumin.. Materials & Technology Systems ...... Ecgonine Sensitized RBC ...... Vaccine Vial: 50ml ...... 05/03/73 Materials & Technology Systems ...... Methadone Standard ...... Screwcap Vial: 10ml ...... 09/17/76 Materials & Technology Systems ...... Morphine Standard ...... Screw Cap Vial: 10ml ...... 07/17/73 Materials & Technology Systems ...... Tropinecarboxylic Acid ...... Screw Cap Vial: 8ml, 10ml ...... 05/03/73 McGean-Rocho, Inc...... Chloral Solution Denatured ...... Plastic container; 1, 5, 55 Gallons ...... 01/11/91 McGean-Rocho, Inc...... Reflexion Semi-Bright B ...... Plastic container; 1, 5, 55 Gallons ...... 01/11/91 McGean-Rocho, Inc...... Reflexion Semi-Bright S ...... Plastic container; 1, 5, 55 Gallons ...... 01/11/91 16000 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Medi-Chem, Inc...... Barbiturate Test Set (Sodium Bottle: 120ml ...... 02/22/74 Secobarbital Standard 10mg % w/v) Catalog No.250. Medical Analysis Systems, Inc ...... Transfer Pilot Material Calibrators; Levels Glass vial: 3-5ml ...... 07/29/94 2, 3, 4, 5. Medical Analysis Systems, Inc ...... Transfer Pilot Material Controls; Negative Glass vial: 3-5ml ...... 07/29/94 QC and Positive QC. Medical Analysis Systems, Inc...... ACE II Calibrator for the DuPont aca Glass Vial: 22 X 38mm, 5ml ...... 08/07/86 Level 1. Medical Analysis Systems, Inc...... ACE II Calibrator for the DuPont aca Glass Vial: 22 X 38mm, 5ml ...... 08/07/86 Level 2. Medical Analysis Systems, Inc...... ACE II Calibrator for the DuPont aca Glass Vial: 22 X 38mm, 5ml ...... 08/07/86 Level 3. Medical Analysis Systems, Inc...... Amobarbital, ι117 Intermediate Solution .. Bottle: 10-100ml ...... 10/22/93 Medical Analysis Systems, Inc...... Benzoylecgonine, ι432 Intermediate Solu- Bottle: 10-250ml ...... 10/22/93 tion. Medical Analysis Systems, Inc...... Benzoylecgonine, ι483 Intermediate Solu- Bottle: 10-100ml ...... 10/22/93 tion. Medical Analysis Systems, Inc...... Benzoylecgonine, ι719 Intermediate Solu- Bottle: 10-1800ml ...... 10/22/93 tion. Medical Analysis Systems, Inc...... Butalbital, ι429 Intermediate Solution ...... Bottle: 10-100ml ...... 10/22/93 Medical Analysis Systems, Inc...... CHALLENGE Liquid Therapeutic Drug Kit: 10 Bottles ...... 01/24/91 Linearity Controls. Medical Analysis Systems, Inc...... CHALLENGE Liquid Therapeutic Drug Glass Bottles: 5ml; 1 Set: 5 Bottles ...... 01/24/91 Linearity Controls TD1 A-E; TD2 A-E. Medical Analysis Systems, Inc...... ChemTrak Liquid Unassayed ...... Vial: 15ml ...... 04/30/85 Medical Analysis Systems, Inc...... Chemistry Control Assayed, Level 1, 2, & Vial: 15ml ...... 04/30/85 3. Medical Analysis Systems, Inc...... Chemistry Control, Level 1, 2, & 3 ...... Vial: 15ml ...... 04/30/85 Medical Analysis Systems, Inc...... Clonazepam, ι473 Intermediate Solution . Bottle: 50-500ml ...... 10/22/93 Medical Analysis Systems, Inc...... Codeine, ι435 Intermediate Solution ...... Bottle: 10-100ml ...... 10/22/93 Medical Analysis Systems, Inc...... D-Amphetamine, ι423 Intermediate Solu- Bottle: 10-250ml ...... 10/22/93 tion. Medical Analysis Systems, Inc...... D-Methamphetamine, ι422 Intermediate Bottle: 10-250ml ...... 10/22/93 Solution. Medical Analysis Systems, Inc...... DOA Calibrator 1, ι1921 Bulk Solution ..... Bottle: 10-100L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Calibrator 2, ι1922 Bulk Solution ..... Bottle: 10-100L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Calibrator 2, ιC38979 Bulk Solution Bottle: 10-100L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Calibrator 3, ιC38978 Bulk Solution Bottle: 10-100L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Calibrator 4, ιC38980 Bulk Solution Bottle: 10-100L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Calibrator 4, ιC38980P Pilot Solu- Bottle: 20-300L ...... 10/22/93 tion. Medical Analysis Systems, Inc...... DOA Control 2, ι1912 Bulk Solution ...... Bottle: 20-200L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control 3, ι1943 Bulk Solution ...... Bottle: 20-100L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control 3, ι1913 Bulk Solution ...... Bottle: 20-300L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control 4, ι1914 Bulk Solution ...... Bottle: 20-300L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control 4, ι1914P Pilot Solution ...... Bottle: .1-1L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control 4, ι1944 Bulk Solution ...... Bottle: 20-100L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control 4, ι1944P Pilot Solution ...... Bottle: .1-1L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control G2, ι1915 Bulk Solution ...... Bottle: 20-200L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control G3, ι1916 Bulk Solution ...... Bottle: 20-300L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control G4, ι1917 Bulk Solution ...... Bottle: 20-300L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Control G4, ι1917P Pilot Solution ... Bottle: .1-1L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Cutoff Control, ι1946 Bulk Solution . Bottle: 1-10L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Cutoff Control, ι1946P Pilot Solution Bottle: .1-1L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA High Control, ι1945 Bulk Solution ... Bottle: 1-10L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Liquid Drugs of Abuse Controls Vial: 5ml, 18ml; Box: 6-8ml vials; Box: 8- 10/12/90 Level 2, 3, 4. 5ml vials. Medical Analysis Systems, Inc...... DOA Low Control, ι1947 Bulk Solution .... Bottle: 1-10L ...... 10/22/93 Medical Analysis Systems, Inc...... DOA Positive Control, ι1924 Bulk Solu- Bottle: 10-100L ...... 10/22/93 tion. Medical Analysis Systems, Inc...... DOA Positive Control, ι1924P Pilot Solu- Bottle: .1-1L ...... 10/22/93 tion. Medical Analysis Systems, Inc...... DOA Positive Control, ιC38981 Bulk So- Bottle: 10-100L ...... 10/22/93 lution. Medical Analysis Systems, Inc...... Diazepam, ι430 Intermediate Solution ..... Bottle: 10-100ml ...... 10/22/93 Medical Analysis Systems, Inc...... Liquid Urine Control Level 1 ...... Vial: 5 ml ...... 04/03/87 Medical Analysis Systems, Inc...... Liquimmune Immunoassay Control 1, Bottle: 40-100L ...... 10/22/93 ι2300 Bulk Solution. Medical Analysis Systems, Inc...... Liquimmune Immunoassay Control 1, Bottle: .1-1L ...... 10/22/93 ι2300P Pilot Solution. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16001

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Medical Analysis Systems, Inc...... Liquimmune Immunoassay Control 2, Bottle: 20-300L ...... 10/22/93 ι2301 Bulk Solution. Medical Analysis Systems, Inc...... Liquimmune Immunoassay Control 3, Bottle: 20-300L ...... 10/22/93 ι2302 Bulk Solution. Medical Analysis Systems, Inc...... Liquimmune Immunoassay Control 3, Bottle: .1-1L ...... 10/22/93 ι2302P Pilot Solution. Medical Analysis Systems, Inc...... Methadone, ι438 Intermediate Solution ... Bottle: 10-250ml ...... 10/22/93 Medical Analysis Systems, Inc...... Methaqualone, ι439 Intermediate Solution Bottle: 10-250ml ...... 10/22/93 Medical Analysis Systems, Inc...... Morphine Glucuronide, ι433 Intermediate Bottle: 10-100ml ...... 10/22/93 Solution. Medical Analysis Systems, Inc...... Morphine, ι434 Intermediate Solution ...... Bottle: 10-250ml ...... 10/22/93 Medical Analysis Systems, Inc...... Nordiazepam, ι431 Intermediate Solution Bottle: 10-250ml ...... 10/22/93 Medical Analysis Systems, Inc...... Pentobarbital, ι426 Intermediate Solution Bottle: 10-100ml ...... 10/22/93 Medical Analysis Systems, Inc...... Phencyclidine, ι437 Intermediate Solution Bottle: 10-100ml ...... 10/22/93 Medical Analysis Systems, Inc...... Phenobarbital, ι418 Intermediate Solution Bottle: 50-700ml ...... 10/22/93 Medical Analysis Systems, Inc...... Phenobarbital, ι425 Intermediate Solution Bottle: 10-100ml ...... 10/22/93 Medical Analysis Systems, Inc...... Phenobarbital, ι745 Intermediate Solution Bottle: 50-200ml ...... 10/22/93 Medical Analysis Systems, Inc...... Propoxyphene, ι440 Intermediate Solu- Bottle: 10-250ml ...... 10/22/93 tion. Medical Analysis Systems, Inc...... Secobarbital, ι427 Intermediate Solution . Bottle: 10-250ml ...... 10/22/93 Medical Analysis Systems, Inc...... TDM Plus.XL Level I, II or III Unassayed Bottle: 5ml, Box: 6 bottles ...... 09/05/90 Enhanced Liquid Drug Control. Medical Analysis Systems, Inc...... Testosterone, ι748 Intermediate Solution Bottle: 50-200ml ...... 10/22/93 Medical Analysis Systems, Inc...... Therapeutic Drug Monitoring Control 1, Bottle: 20-300L ...... 10/22/93 ι1581 Bulk Solution. Medical Analysis Systems, Inc...... Therapeutic Drug Monitoring Control 2, Bottle: 20-300L ...... 10/22/93 ι1582 Bulk Solution. Medical Analysis Systems, Inc...... Therapeutic Drug Monitoring Control 3, Bottle: 20-300L ...... 10/22/93 ι1583 Bulk Solution. Medical Analysis Systems, Inc...... Therapeutic Drug Monitoring Control 3, Bottle: .1-1L ...... 10/22/93 ι1583P Pilot Solution. Medical Analysis Systems, Inc...... Tri-Point LiquImmune Ligand Control, Glass Bottle: 5ml; Kit: 6 Bottles ...... 10/23/91 Levels 1, 2 and 3. Medical Analysis Systems, Inc...... Tri-Point LiquImmune Ligand Control, Glass Bottle: 5ml; Kit: 6 bottles ...... 10/23/91 Levels 1, 2 and 3. Medical Analysis Systems, Inc...... chemTRAK Liquid Unassayed Kit: 6 x 5ml Vials ...... 10/08/86 Therapeuitic Drug Control Level 2. Medical Analysis Systems, Inc...... chemTRAK Liquid Unassayed Thera- Kit: 6 x 5ml Vials ...... 10/08/86 peutic Drug Control Level 3. Medical Analysis Systems, Inc...... chemTRAK Liquid Unassayed Thera- Kit: 6 x 5ml Vials ...... 10/08/86 peutic Drug Control Level I. Meloy Labs, Inc...... Counterelectrophoresis Plates, G-301 ...... Plates: 10 determinations ...... 09/05/73 Meloy Labs, Inc...... Immunoelectrophoresis Plates, G-201 ..... Plates: 6 / unit ...... 09/05/73 Merck and Co., Inc...... Amphetamine - d6 HCl, Cat. No. MD- Ampule: 2 or 5 ml ...... 08/30/89 3892. Merck and Co., Inc...... Cocaine - d3 HCl Catalog ι MD-3677 ...... Ampule: 2 or 5 ml...... 06/13/88 Merck and Co., Inc...... Codeine - d3 H2O (N-methyl-d3) No. MD- 2 ml, 5ml ampule Carton: 5 ampules ...... 09/06/88 3776. Merck and Co., Inc...... Codeine-d3 Catalog ι MD-3678 ...... Ampule: 2 or 5 ml ...... 06/13/88 Merck and Co., Inc...... DL-1 Phenyl-2-aminopropane 1, 1, 2, 3, Ampule: 2 or 5 ml ...... 06/13/88 3, 3, -d6 (Amphetamine-d6)Catalog ι MD-3682. Merck and Co., Inc...... DL-1 Phenyl-2-methylaminopropane-1, 1, Ampule: 2 or 5 ml ...... 06/13/88 2, 3, 3, 3-d6 HCl (Methamphetamine d6) Catalog ι MD-3683. Merck and Co., Inc...... DL-1-Phenyl-2-aminopropane-1, 1, 2, 3, 2 ml, 5 ml amber ampule Carton: 5 am- 09/06/88 3, 3-d6 HCL No. MD-3778. pules. Merck and Co., Inc...... Ecgonine - d3 Methyl Ester HCl Catalog ι Ampule: 2 or 5 ml...... 06/13/88 MD3679. Merck and Co., Inc...... Methamphetamine - d9 HCl, Cat. No. Ampule: 2 or 5 ml ...... 08/30/89 MD-3853. Merck and Co., Inc...... Morphine - d3 HCl 3H20 (N-methyl-d3) 2 ml, 5 ml ampule Carton: 5 ampules ...... 09/06/88 No. MD-3777. Merck and Co., Inc...... Morphine - d3 HCl Catalog ι MD-3680 .... Ampule: 2 or 5 ml ...... 06/13/88 Merck and Co., Inc...... O-Benzoylecgonine-d3 Catalog ι MD- Ampule: 2 or 5 ml ...... 06/13/88 3676. Merck and Co., Inc...... Phen-d5-cyclidine HCl Catalog ι MD-3681 Ampule: 2 or 5 ml ...... 06/13/88 Microdiagnostics, Inc...... Amphetamine Enzyme Conjugate ...... Bottle: 10ml ...... 12/24/92 Microdiagnostics, Inc...... Cocaine Enzyme Conjugate ...... Bottle: 10ml ...... 12/24/92 Microdiagnostics, Inc...... EIA for Amphetamine Metabolites ...... Kit: 2 bottles ...... 12/24/92 Microdiagnostics, Inc...... EIA for Cocaine Metabolites ...... Kit: 2 bottles ...... 12/24/92 Microdiagnostics, Inc...... EIA for Marijuana Metabolites ...... Kit: 2 bottles ...... 12/24/92 16002 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Microdiagnostics, Inc...... EIA for Opiate Metabolites ...... Kit: 2 bottles ...... 12/24/92 Microdiagnostics, Inc...... EIA for PCP Metabolites ...... Kit: 2 bottles ...... 12/24/92 Microdiagnostics, Inc...... Opiate Enzyme Conjugate ...... Bottle: 10ml ...... 12/24/92 Microdiagnostics, Inc...... PCP Enzyme Conjugate ...... Bottle: 10ml ...... 12/24/92 Microdiagnostics, Inc...... Positive Amphetamine Standard ...... Bottle: 2ml ...... 12/24/92 Microdiagnostics, Inc...... Positive Cocaine Standard ...... Bottle: 2ml ...... 12/24/92 Microdiagnostics, Inc...... Positive Opiate Standard ...... Bottle: 2ml ...... 12/24/92 Microdiagnostics, Inc...... Positive PCP Standard ...... Bottle: 2ml ...... 12/24/92 Microdiagnostics, Inc...... Positive THC Standard ...... Bottle: 2ml ...... 12/24/92 Microdiagnostics, Inc...... THC Enzyme Conjugate ...... Bottle: 10ml ...... 12/24/92 Microgenics Corporation ...... 4-Drug Barbiturate Spiking Solution ...... Carboy: 2L ...... 12/01/93 Microgenics Corporation ...... 4-Drug Cutoff Bulk Calibrator ...... Carboy: 6L ...... 12/01/93 Microgenics Corporation ...... 4-Drug High Bulk Calibrator ...... Carboy: 4L ...... 12/01/93 Microgenics Corporation ...... 4-Drug Intermediate Bulk Calibrator ...... Carboy: 4L ...... 12/01/93 Microgenics Corporation ...... 5-Drug Cutoff Bulk Calibrator ...... Carboy: 4L ...... 12/01/93 Microgenics Corporation ...... Amphetamine ED Bulk Reagent ...... Carboy: 25L ...... 04/13/94 Microgenics Corporation ...... Amphetamine Manufacturing Bulk Cali- Carboy or Beaker: 4L ...... 04/20/94 brators B, C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Amphetamine Manufacturing Calibrators Vial: 3.5 or 5.0ml ...... 04/20/94 B, C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Amphetamine/Methamphetamine Bulk Carboy or Beaker: 4L ...... 04/20/94 Manufacturing Calibrator Open. Microgenics Corporation ...... Amphetamine/Methamphetamine Manu- Vial: 3.5 or 5.0ml ...... 04/20/94 facturing Calibrator Open. Microgenics Corporation ...... Amphetamines Spiking Solution ...... Carboy: 2L ...... 12/01/93 Microgenics Corporation ...... Barbiturate Manufacturing Bulk Cali- Carboy or Beaker: 4L ...... 04/20/94 brators B, C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Barbiturate Spiking Solution ...... Carboy: 2L ...... 12/01/93 Microgenics Corporation ...... Barbiturate/Benzodiazepine 200 Cutoff Carboy: 4L ...... 12/01/93 Calibrator. Microgenics Corporation ...... Barbiturate/Benzodiazepine 300 Cutoff Carboy: 2L ...... 12/01/93 Calibrator. Microgenics Corporation ...... Barbiturate/Benzodiazepine High Bulk Carboy: 2L ...... 12/01/93 Calibrator. Microgenics Corporation ...... Barbiturate/Benzodiazepine Intermediate Carboy: 2L ...... 12/01/93 Bulk Calibrator. Microgenics Corporation ...... Barbiturates Manufacturing Calibrators B, Vial: 3.5 or 5.0ml ...... 04/20/94 C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Benzodiazepine Ethanol Stock ...... Vial: 25ml ...... 12/01/93 Microgenics Corporation ...... Benzodiazepine Manufacturing Bulk Cali- Carboy or Beaker: 4L ...... 04/20/94 brators B, C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Benzodiazepine Manufacturing Cali- Vial: 3.5 or 5.0ml ...... 04/20.94 brators B, C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Benzodiazepine Spiking Solution ...... Carboy: 2L ...... 12/01/93 Microgenics Corporation ...... Bulk Calibrator Solution 80ug/ml, 40ug/ml Carboy: 10L ...... 11/13/90 Microgenics Corporation ...... CEDAI DAU Opiate Assay Catι 80-3000 . Kit: 4 Bottles, 500ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU 4-Drug Cutoff Calibrator ...... Bottle: 10, 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU 4-Drug High Calibrator ...... Bottle: 10, 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU 4-Drug Intermediate Cali- Bottle: 10, 15ml ...... 12/01/93 brator. Microgenics Corporation ...... CEDIA DAU 5-Drug Cutoff Calibrator ...... Bottle: 5, 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU Amphetamine Assay (For Kit: 4 Bottles ...... 04/13/94 85ml, 500ml). Microgenics Corporation ...... CEDIA DAU Amphetamine ED Reagent .. Vial: 100ml, 500ml ...... 04/13/94 Microgenics Corporation ...... CEDIA DAU Barb/Benz 200 Calibrator .... Bottle: 10, 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU Barb/Benz 300 Calibrator .... Bottle: 10, 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU Barb/Benz High Calibrator ... Bottle: 10, 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU Barb/Benz Intermediate Cali- Bottle: 10, 15ml ...... 12/01/93 brator. Microgenics Corporation ...... CEDIA DAU Cocaine Assay Catι 80-2300 Kit: 4 Bottles, 85ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU Cocaine Assay Catι 80-2400 Kit: 4 Bottles, 500ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU Cocaine ED Reagent, Catι Vial: 100ml ...... 12/01/93 80-2300. Microgenics Corporation ...... CEDIA DAU Cocaine ED Reagent, Catι Vial: 500ml ...... 12/01/93 80-2400. Microgenics Corporation ...... CEDIA DAU Multi-Drug Control Set, ι80- 2 Vials; 5ml/vial ...... 05/10/94 0120. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16003

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Supplier Product name Form Date

Microgenics Corporation ...... CEDIA DAU Multi-Drug Control Set, ι80- 2 Vials; 15ml/vial ...... 05/10/94 0124. Microgenics Corporation ...... CEDIA DAU Multi-Level THC Assay Catι Kit: 4 Bottles, 85ml ...... 12/01/93 80-2700. Microgenics Corporation ...... CEDIA DAU Multi-Level THC Assay Catι Kit: 4 Bottles, 500ml ...... 12/01/93 80-2800. Microgenics Corporation ...... CEDIA DAU Multi-Level THC ED Rea- Vial: 100ml ...... 12/01/93 gent, Catι 80-2700. Microgenics Corporation ...... CEDIA DAU Multi-Level THC ED Rea- Vial: 500ml ...... 12/01/93 gent, Catι 80-2800. Microgenics Corporation ...... CEDIA DAU Opiate Assay Catι 80-2900 . Kit: 4 Bottles, 85ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU Opiate ED Reagent, Catι Vial: 100ml ...... 12/01/93 80-2900. Microgenics Corporation ...... CEDIA DAU Opiates ED Reagent, Catι Vial: 500ml ...... 12/01/93 80-3000. Microgenics Corporation ...... CEDIA DAU Specialty Control Set 1, ι80- 2 Vials; 15ml/vial ...... 05/10/94 0121. Microgenics Corporation ...... CEDIA DAU Specialty Control Set 2, ι80- 2 Vials; 15ml/vial ...... 05/10/94 0122. Microgenics Corporation ...... CEDIA DAU THC 100ng/ml Calibrator ..... Bottle: 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU THC 150ng/ml Calibrator ..... Bottle: 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU THC 25ng/ml Calibrator ...... Bottle: 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU THC 50ng/ml Calibrator ...... Bottle: 15ml ...... 12/01/93 Microgenics Corporation ...... CEDIA DAU THC 75ng/ml Calibrator ...... Bottle: 15ml ...... 12/01/93 Microgenics Corporation ...... Cocaine Conjugate ...... Vial: 25ml ...... 12/01/93 Microgenics Corporation ...... Cocaine ED Bulk Reagent ...... Carboy: 25L ...... 12/01/93 Microgenics Corporation ...... Cocaine Manufacturing Bulk Calibrators Carboy or Beaker: 4L ...... 04/20/94 B, C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Cocaine Manufacturing Calibrators B, C, Vial: 3.5 or 5.0ml ...... 04/20/94 D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Cocaine Spiking Solution ...... Carboy: 2L ...... 12/01/93 Microgenics Corporation ...... In-house Phenobarbital Bulk Primary Bottle: 2L ...... 11/13/90 Standard 40ug/ml, 80ug/ml. Microgenics Corporation ...... In-house Phenobarbital Primary Standard Micro tube: 1.5ml; Box: 100 tubes ...... 11/13/90 40ug/ml, 80ug/ml. Microgenics Corporation ...... In-house manufacturing Bulk Calibrator Bottle: 2L ...... 11/13/90 10ug/ml, 20ug/ml, 40 ug/ml, 60ug/ml, 80ug/ml, 90ug/ml Phenobarbital. Microgenics Corporation ...... In-house manufacturing Calibrator 10ug/ Vial: 3.5ml ...... 11/13/90 ml, 20ug/ml, 40ug/ml, 60ug/ml80ug/ml, 90ug/ml Phenobaribtal. Microgenics Corporation ...... Methamphetamine Conjugate ...... Vial: 25ml ...... 04/13/94 Microgenics Corporation ...... Methamphetamine Manufacturing Bulk Carboy or Beaker: 4L ...... 04/20/94 Calibrators B, C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Methamphetamine Manufacturing Cali- Vial: 3.5ml or 5.0ml ...... 04/20/94 brators B, C, D, E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Microgenics CEDIA Phenobarbital Assay Vial: 3.5ml; Kit: 2 vials ...... 11/13/90 40ug/ml, 80ug/ml. Microgenics Corporation ...... Morphine Conjugate ...... Vial: 25ml ...... 12/01/93 Microgenics Corporation ...... Opiate ED Bulk Reagent ...... Carboy: 25L ...... 12/01/93 Microgenics Corporation ...... Opiate Manufacturing Bulk Calibrators E, Carboy or Beaker: 4L ...... 04/20/94 F, G, H, I, J, K, Open. Microgenics Corporation ...... Opiate Manufacturing Calibrators E, F, G, Vial: 3.5 or 5.0ml ...... 04/20/94 H, I, J, K, Open. Microgenics Corporation ...... Opiate Spiking Solution ...... Carboy: 2L ...... 12/01/93 Microgenics Corporation ...... PCP Spiking Solution ...... Carboy: 2L ...... 12/01/93 Microgenics Corporation ...... PCP Stock Concentrate ...... Vial: 10ml ...... 12/01/93 Microgenics Corporation ...... Phencyclidine Manufacturing Bulk Cali- Carboy or Beaker: 4L ...... 04/20/94 brators E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Phencyclidine Manufacturing Calibrators Vial: 3.5 or 5.0ml ...... 04/20/94 E, F, G, H, I, J, K, Open. Microgenics Corporation ...... Phenobarbital Stock Solution ...... Flask: 100ml ...... 11/13/90 Microgenics Corporation ...... THC 100 Control Set ...... Box: 2 Bottles; 15ml each ...... 06/30/94 Microgenics Corporation ...... THC 100 Controls (High & Low) ...... Bottle: 15ml ...... 06/30/94 Microgenics Corporation ...... THC 100 Controls (High & Low) Bulk ...... Carboy: 150L ...... 06/30/94 Microgenics Corporation ...... THC 100ng/ml Bulk Calibrator ...... Carboy: 4L ...... 12/01/93 Microgenics Corporation ...... THC 150ng/ml Bulk Calibrator ...... Carboy: 4L ...... 12/01/93 Microgenics Corporation ...... THC 25 Control Set ...... Box: 2 Bottles; 15ml each ...... 06/30/94 Microgenics Corporation ...... THC 25 Controls (High & Low) ...... Bottle: 15ml ...... 06/30/94 Microgenics Corporation ...... THC 25 Controls (High & Low) Bulk ...... Carboy: 150L ...... 06/30/94 16004 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Microgenics Corporation ...... THC 25ng/ml Bulk Calibrator ...... Carboy: 2L ...... 12/01/93 Microgenics Corporation ...... THC 50 Control Set ...... Box: 2 Bottles; 15ml each ...... 06/30/94 Microgenics Corporation ...... THC 50 Controls (High & Low) ...... Bottle: 15ml ...... 06/30/94 Microgenics Corporation ...... THC 50 Controls (High & Low) Bulk ...... Carboy: 150L ...... 06/30/94 Microgenics Corporation ...... THC 50ng/ml Bulk Calibrator ...... Carboy: 4L ...... 12/01/93 Microgenics Corporation ...... THC 75ng/ml Bulk Calibrator ...... Carboy: 1L ...... 12/01/93 Microgenics Corporation ...... THC Conjugate ...... Vial: 25ml ...... 12/01/93 Microgenics Corporation ...... THC ED Bulk Reagent ...... Carboy: 25L ...... 12/01/93 Microgenics Corporation ...... THC Manufacturing Bulk Calibrators B, C, Carboy or Beaker: 4L ...... 04/20/94 D, E, F, G, H, I, J, K, L, Open. Microgenics Corporation ...... THC Manufacturing Calibrators B, C, D, Vial: 3.5 or 5.0ml ...... 04/20/94 E, F, G, H, I, J, K, L, Open. Micromedic Systems ...... Micromedic Neonatal T4 125I Tracer So- Nalgene Bottle: 4 oz...... 06/25/87 lution. Micromedic Systems ...... Micromedic Neonatal T4 Elution Solution Nalgene Bottle: 2 oz...... 06/25/87 Micromedic Systems ...... Neonatal T4 125I Tracer Solution ...... Vial: 30ml ...... 05/21/80 Micromedic Systems ...... Neonatal T4 Buffer Solution ...... Bottle: 8ounce ...... 05/21/80 Micromedic Systems ...... T3 RIA 125I Tracer Solution ...... Vial: 30ml ...... 12/14/76 Micromedic Systems ...... T3 RIA Buffer Solution ...... High Density Polyethylene Bottle: 8 12/14/76 ounce. Micromedic Systems ...... T3 Uptake 125I Tracer Solution ...... Vial: 30ml ...... 12/14/76 Micromedic Systems ...... T3 Uptake Buffer Solution ...... High Density Polyethylene Bottle: 8 12/14/76 ounce. Micromedic Systems ...... T4 RIA 125I Tracer Solution ...... Vial: 30ml ...... 12/14/76 Micromedic Systems ...... T4 RIA Buffer Solution ...... High Density Polyethylene Bottle: 8 12/14/76 ounce. Miles Inc...... Immuno-1 Setpoint TDM Calibrators Kit Glass Bottles: 5ml; Kit: 5 Bottles ...... 01/03/91 No. T03-2864 Component No. T13- 2864(02-06). Miles Inc...... Technicon Immuno 1 TESTpoint Ligand Glass vial; 5ml; Kit: 6 vials ...... 3/16/92 Controls, Kit No. T03-3393-01; Level I T13-3394-01; Level II T13-3395-01; Level III T13-3396-01. Miles Inc...... Technicon RA Systems Set Point ...... Vial: 5ml Kit: 5 vials ...... 07/20/90 Miles Laboratories, Inc...... SERALYZER ARIS Phenobarbital Cali- Kit: 2 vials; 1ml/vial ...... 04/29/93 brator Kit, ι 6453. Miles Laboratories, Inc...... SERALYZER ARIS Phenobarbital Cali- Kit: 4 vials; 1ml/vial ...... 04/29/93 brator and Control Kit, ι 6455T. Miles Laboratories, Inc...... SERALYZER ARIS Phenobarbital Control Kit: 2 vials; 1ml/vial ...... 04/29/93 Kit, ι 6454T. Miles Laboratories, Inc...... SERALYZER ARIS Phenytoin Bulk Rea- Bulk ...... 06/15/94 gent Paper. Miles Laboratories, Inc...... Seralyzer ARIS Drug Assay Control ...... Vial: 1ml ...... 01/17/84 Miles Laboratories, Inc...... Seralyzer ARIS Drug Assay High Cali- Vial: 0.5ml ...... 01/17/84 brator. Miles Laboratories, Inc...... Seralyzer ARIS Drug Assay Low Cali- Vial: 0.5ml ...... 01/17/84 brator. Miles Laboratories, Inc...... Seralyzer ARIS Phenytoin Reagent Strips Bottle Containing 25 and 50 Strips ...... 05/28/86 Miles Laboratories, Inc...... T-4 Buffer ...... Glass Screwtop Vial: 3/4 ounce ...... 03/28/77 Monobind, Inc...... Monobind T3 Antibody Reagent ...... Test Tube w/Cap: 70ml ...... 11/08/77 Monobind, Inc...... Monobind T3 Tracer Reagent ...... Wheaton Glass Container: 55ml ...... 11/08/77 Monobind, Inc...... Monobind T4 Antibody Reagent ...... Test Tube w/Cap: 70ml ...... 11/08/77 Monobind, Inc...... Monobind T4 Tracer Reagent ...... Wheaton Glass Container 55ml ...... 11/08/77 Monobind, Inc...... Monobind TSH Antibody Reagent ...... Test Tube w/Cap: 10.5ml ...... 11/08/77 Monobind, Inc...... Monobind TSH Non-Specific Buffer ...... Wheaton Glass: 1.05ml ...... 11/08/77 Monobind, Inc...... Monobind TSH Precipitating Reagent ...... Plastic Container w/Cap : 105ml ...... 11/08/77 Monobind, Inc...... Monobind TSH Tracer Reagent ...... Wheaton Glass Container 10.5ml ...... 11/08/77 Monobind, Inc...... T3 Adsorbent Reagent ...... Glass Bottle: 110ml, 50ml Plastic Bottle: 05/15/78 260ml. Monobind, Inc...... T3 Uptake Tracer Reagent ...... Glass Bottle: 55ml, 30ml Plastic Bottle: 05/15/78 125ml. Monobind, Inc...... TSH Radioimmunoassay Test System ..... Kit: 100 Tests ...... 11/08/77 Monobind, Inc...... Thyroxine Radioimmunoassay Test Sys- Kit: 100 Tests ...... 11/08/77 tem. Monobind, Inc...... Triiodothyronine Radioimmunoassay Test Kit: 100 tests ...... 11/08/77 System. Monoclonal Antibodies, Inc...... Test Kit for Cocaine Metabolites in Urine . Kit: 50 tests ...... 10/17/86 Monoclonal Antibodies, Inc...... Test Kit for Opiates in Urine ...... Kit: 50 tests ...... 10/17/86 Monoclonal Antibodies, Inc...... Test Kit for Tetrahydrocannabinol (THC) Kit: 50 tests ...... 10/17/86 in Urine. NSI Technology Services Corp...... Alpha, alpha-dimethyl-phenethylamine ..... Amber Ampoule: 2ml ...... 03/02/89 Nuclear Diagnostics, Inc...... MAAT T3 Uptake Reagent ...... Bottle: 105ml, 210ml; Kit: 1 bottle 210ml . 11/16/90 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16005

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Supplier Product name Form Date

Nuclear Diagnostics, Inc...... SPINSEP-TBG Reagent Catalog No. Polypropylene Bottle: 105ml ...... 12/15/77 17100. Nuclear Diagnostics, Inc...... TETRIA P.E.G. Antiserum Catalog No. Polypropylene Bottle: 55ml ...... 03/10/78 16100A. Nuclear Diagnostics, Inc...... TETRIA P.E.G. Reagent Catalog No. Polypropylene Bottle: 105ml ...... 07/08/77 16100. Nuclear Diagnostics, Inc...... TETRIA P.E.G. Reagent Catalog No. Polypropylene Bottle: 55ml ...... 03/10/78 16100R. Nuclear Diagnostics, Inc...... TRIA-P.E.G. Antiserum Catalog No. Polypropylene Bottle: 55ml ...... 03/10/78 12100A. Nuclear Diagnostics, Inc...... TRIA-P.E.G. Reagent Catalog No.12100R Polypropylene Bottle: 55ml ...... 03/10/78 OMI International Corporation ...... Compound N Solution ...... Steel Drum: 55 gallon ...... 10/01/75 Organon Teknika Corp...... ASSURE, Levels I & II ...... Vial: 10 ml ...... 06/27/80 Organon Teknika Corp...... Barbital Buffered Saline with Azide ...... Plastic Bottle: 1L ...... 01/05/90 Organon Teknika Corp...... Bovine QAS Clinical Study ...... 6 Vials/Kit (10ml/vial) ...... 04/28/80 Organon Teknika Corp...... Liothyronine T3 125I ...... Boston Round Amber Bottle: 4 ounce ...... 02/18/79 Organon Teknika Corp...... Liothyronine T3 125I ...... Boston Round Amber Bottle: 16 ounce .... 01/20/76 Organon Teknika Corp...... Midwest/ Illinois/ New Jersey Quality Vial: 10 ml, 10 vials / kit ...... 04/16/81 Control Program, Level I & II. Organon Teknika Corp...... Modified Barbital Buffer ...... Plastic Bottle: 1L ...... 01/05/90 Organon Teknika Corp...... Owren's Veronal Buffer for FIBRIQUIK .... Bottle: 37 ml ...... 05/07/80 Organon Teknika Corp...... PACP I & II ...... Kit: 36 vials/kit ...... 03/07/80 Organon Teknika Corp...... PROFILE Anticonvulsant Levels I & II ...... Vial: 10 ml ...... 11/28/80 Organon Teknika Corp...... Platelin ...... Vial: 7.3ml ...... 03/13/72 Organon Teknika Corp...... Platelin Plus Activator ...... Vial: 7.3ml ...... 03/13/72 Organon Teknika Corp...... Profile General Set ...... Kit Ctg: 6 vials ...... 02/22/82 Organon Teknika Corp...... Profile General- Levels I & II ...... Vial: 5 ml ...... 02/22/82 Organon Teknika Corp...... Quality Assurance Serum Level I ...... Vial: 16.5 ml, 6 vials/ kit ...... 08/17/78 Organon Teknika Corp...... Quality Assurance Serum Level II ...... Vial: 16.5 ml, 6 vials/ kit ...... 08/17/78 Organon Teknika Corp...... Russell's Viper Venom Reagent ...... Vial: 7.3ml containing 48 mg of powder ... 07/08/74 Organon Teknika Corp...... Simplastin ...... Vial: 4.7ml, 7.3ml, and 16.5ml ...... 03/13/72 Organon Teknika Corp...... Simplastin-A ...... Vial: 7.3ml ...... 03/13/72 Organon Teknika Corp...... T-4 125I Reagent ...... Boston Round Bottle: 2 ounce, amber 01/20/76 bottle, 7 dr.. Organon Teknika Corp...... T-4 Antiserum (rabbit) ...... Boston Round Bottle: 4 ounce, clear bot- 01/20/76 tle, 7 dr.. Organon Teknika Corp...... TETRA-TAB-RIA T4 Diagnostic Kit ...... Kit: 40tests, 200tests ...... 01/20/76 Organon Teknika Corp...... TETRA-TUBE RIA T4 Diagnostic Kit ...... Kit: 100 tests, 500 tests ...... 06/03/83 Organon Teknika Corp...... TGTR Set ...... Package: 4 Tests per set ...... 03/13/72 Organon Teknika Corp...... TRI-TAB T3 Uptake Diagnostic Kit ...... Kit: 200 Tests ...... 01/20/76 Organon Teknika Corp...... TRI-TAB T3 Uptake Diagnostic Kit ...... Kit: 40 tests ...... 02/18/79 Organon Teknika Corp...... TRIS/Barbital Buffer ...... Plastic Bottle: 1L ...... 01/05/90 Organon Teknika Corp...... Unassayed Chemistry Serum Control, Vial: 25 ml ...... 06/27/80 Levels I & II. Ortho Diagnostic Systems, Inc...... Activated ThromboFAX No.721000 ...... Bottle: 3.2ml ...... 09/21/71 Ortho Diagnostic Systems, Inc...... Ortho Activated PTT Reagent ...... Glass Vial: 30 determination size, 100 ..... 05/23/83 Ortho Diagnostic Systems, Inc...... Ortho Plasma Coagulation Control Level I Glass Vial: 5ml ...... 10/25/83 Ortho Diagnostic Systems, Inc...... Ortho Plasma Coagulation Control Level Glass Vial: 5ml ...... 10/25/83 II. Othro Diagnostic Systems, Inc...... ORTHO Owren's Buffer ...... Kit: 6-20 ml vials ...... 08/26/88 PB Diagnostic Systems, Inc...... OPUS Phenobarbital Calibrators: 5, 10, Vial: 2.5ml Carton: 5 vials ...... 08/07/90 20, 40, 80ug/ml. PB Diagnostic Systems, Inc...... OPUS Phenobarbital Test Modules ...... Plastic Test Module, Tray: 5 modules, 08/07/90 Carton: 50 modules. PB Diagnostics Systems, Inc ...... Estradiol Reagent ...... 6 Vials; 1ml/vial ...... 10/28/93 PB Diagnostics Systems, Inc ...... Estradiol Test Module ...... Plastic plate: 1.7≥x .7≥x 3.5≥ ...... 10/28/93 PB Diagnostics Systems, Inc ...... OPUS Estradiol Kit ...... Kit: 50 Tests ...... 10/28/93 Pacific Hemostasis ...... Barbital Buffered Saline ...... Vial: 100ml ...... 05/24/84 Pacific Hemostasis ...... Barbital Buffered Saline (Bulk) ...... Carboy: 100L ...... 10/05/94 Pacific Hemostasis ...... Barbital Buffered Saline with Heparin ...... Vial: 90ml ...... 05/24/84 Pacific Hemostasis ...... Barbital Buffered Saline with Heparin Carboy: 100L ...... 10/05/94 (Bulk). Pacific Hemostasis ...... Diluting Fluid ...... Vial: 20ml ...... 05/24/84 Pacific Hemostasis ...... Diluting Fluid (Bulk) ...... Carboy: 100L ...... 10/05/94 Pacific Hemostasis ...... Kontact ...... Vial: 4ml, 10ml ...... 03/22/94 Pacific Hemostasis ...... Kontact (Bulk) ...... Carboy: 200L ...... 10/05/94 Pacific Hemostasis ...... Kontact Kit (10ml) Catι 224-006 ...... Kit: 10 Vials ...... 03/22/94 Pacific Hemostasis ...... Kontact Kit (4ml) Catι 257-324 ...... Kit: 10 Vials ...... 03/22/94 Pantex ...... Immuno T3 Kit: (1)L-Triiodothyronine 125I Kit Containing Bottles: (1)10ml (2)10ml 01/04/79 (2)1st Antiserum (3)2nd Antiserum (3)50ml (4)5ml (5)3ml. (4)Diluent (5)Standards. 16006 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Pantex ...... Immuno-Digoxin Kit Containing: Kit Containing Bottles: (1)10ml (2)20ml 01/04/79 (1)Digoxin 125I (2)1st Antiserum (3) (3)50ml (4)5ml. 2nd Antiserum (4)Diluent. Pantex ...... Immuno-Estriol 125I Kit: 2nd Antiserum ... Bottle: 50ml ...... 01/04/79 Pantex ...... Immuno-Estriol Kit: (1)Estriol 3H RIA Kit Containing Bottles: (1)10ml (2)5ml 01/04/79 (2)Estriol 3H Recovery (3)1st Anti- (3)10ml (4)20ml (5)100ml (6)50ml serum (4)2nd Antiserum (5)Diluent (7)5ml. (6)Buffer (7)Standards. Pantex ...... Immuno-T4 Kit: (1)Thyroxine 125I (2)1st Kit Containing Bottles: (1)100ml, 1000ml 01/04/79 Antiserum (3)2nd Antiserum (4)Diluent (2)50ml (3)100ml (4)5ml (5)3ml. (5)Standards. Pantex ...... Immuno-Testosterone 125I Kit: Kit Containing Bottles: (1)10ml (2)10ml 01/04/79 (1)Testosterone 125I (2)1st Antiserum (3)50ml (4)100ml (5)5ml. (3)2nd Antiserum (4)Diluent (5)Standards. Pantex ...... T3 Uptake Kit: L-Triiodothyronine 125I ..... Bottle: 100ml, 1000ml ...... 01/04/79 Perkin-Elmer Corporation ...... Amphetamine Polarization Kit: 100 tests ...... 12/18/86 Fluoroimmunoassay Kit. Perkin-Elmer Corporation ...... Barbiturates Polarization Kit: 100 tests ...... 12/18/86 Fluoroimmunoassay Kit. Perkin-Elmer Corporation ...... Cocaine Polarization Fluoroimmunoassay Kit: 100 tests ...... 12/18/86 Kit. Perkin-Elmer Corporation ...... Methadone Polarization Kit: 100 tests ...... 12/18/86 Fluoroimmunoassay Kit. Perkin-Elmer Corporation ...... Morphine Polarization Kit: 100 tests ...... 12/18/86 Fluoroimmunoassay Kit. Perkin-Elmer Corporation ...... Opiates Polarization Fluoroimmunoassay Kit: 100 tests ...... 12/18/86 Kit. Princeton Separations, Inc...... Panagel 16 ...... Pouch: 1 slide ...... 06/29/87 Princeton Separations, Inc...... Panagel 8 ...... Pouch: 1 slide ...... 06/29/87 Princeton Separations, Inc...... Panagel Electrobuffer ...... Fiber Drum: 25 kg ...... 06/29/87 Princeton Separations, Inc...... Panagel Electrode Buffer ...... Pouch: 18.3 gms ...... 06/29/87 Princeton Separations, Inc...... Panagel LD Isoenzyme Electrode Buffer . Pouch: 11.85 gms ...... 06/29/87 Princeton Separations, Inc...... Panagel LD Isoenzyme Slide ...... Pouch: 1 slide ...... 06/29/87 Quality Assurance Service Corp...... Q.A. Toxicology Blood Controls ...... Vial: 6ml, 12ml Plastic Bottle: 60ml, 90ml, 01/23/90 250ml, 625ml Glass Bottle: 6ml-100ml. Quality Assurance Service Corp...... Q.A. Toxicology Serum Controls ...... Vial: 6ml, 12ml Plastic Bottle: 60ml, 90ml, 01/23/90 250ml, 625ml Glass Bottle: 6ml-100ml. Quality Assurance Service Corp...... Q.A. Toxicology Urine Controls ...... Vial: 6ml, 12ml Plastic Bottle: 60ml, 90ml, 01/23/90 250ml, 625ml Glass Bottle: 6ml-100ml. Quantimetrix ...... Quantimetrix Anticonvulsant Serum Drug Polyethylene Dropper Bottle: 15ml ...... 04/16/86 Control, Liquid Level II Control No. 17- 0303-2. Quantimetrix ...... Quantimetrix Antidepressant Serum Drug Polyethylene Dropper Bottle: 15ml ...... 04/16/86 Control, Liquid Level I Control No. 17- 0303-1. Quantimetrix ...... Quantimetrix Antidepressant Serum Drug Polyethylene Dropper Bottle: 15ml ...... 04/16/86 Control, Liquid Level I Control No. 17- 0305-1. Quantimetrix ...... Quantimetrix Antidepressant Serum Drug Polyethylene Dropper Bottle: 15ml ...... 04/16/86 Control, Liquid Level II Control No. 17- 0305-2. Quantimetrix ...... Urine Drugs of Abuse Control Catalog Dropper Bottle: 15 ml ...... 02/23/87 No. 12-2411-1. Quin-Tec, Inc...... Additive SB-1 ...... Drum: 55 gals...... 05/11/87 Quin-Tec, Inc...... Quin-Tec Brightener 402 ...... Plastic Pail: 5 gallons, Plastic Drum: 55 10/13/81 gallons. Quin-Tec, Inc...... Quin-Tec Brightener 404 ...... Plastic Pail: 5 gallons, Plastic Drum: 55 10/13/81 gallons. Radian Corporation ...... (+/-) 11-Nor-9-Carboxy-delta 9-THC-D9 Vial: 2ml ...... 06/12/91 0.01mg/ml, 0.1mg/ml, 1.0mg/ml. Radian Corporation ...... (-)-11-Nor-9-carboxy-delta-9 THC; 1.0mg/ Vial: 2ml ...... 01/25/95 ml, 100ug/ml. Radian Corporation ...... 2-S Methcathinone-D5 HCl 100ug/ml, Ampule: 2ml ...... 12/22/93 1.0mg/ml. Radian Corporation ...... 2R-Cathinone HCL 100ug/ml, 1.0mg/ml ... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... 2R-Cathinone-D5 HCL 100ug/ml, 1.0mg/ Ampule: 2ml ...... 12/22/93 ml. Radian Corporation ...... 2R-Methcathinone HCL 100ug/ml, 1.0mg/ Ampule: 2ml ...... 12/22/93 ml. Radian Corporation ...... 2R-Methcathinone-D5 HCL 100ug/ml, Ampule: 2ml ...... 12/22/93 1.0mg/ml. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16007

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Radian Corporation ...... 2S-Cathinone HCL 100ug/ml, 1.0mg/ml ... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... 2S-Cathinone-D5 HCL 100ug/ml, 1.0mg/ Ampule: 2ml ...... 12/22/93 ml. Radian Corporation ...... 2S-Methcathinone HCL 100ug/ml, 1.0mg/ Ampule: 2ml ...... 12/22/93 ml. Radian Corporation ...... 3'-Hydroxystanozolol-D3; 100ug/ml, Ampule: 2ml ...... 06/06/94 1.0mg/ml. Radian Corporation ...... 3'-Hydroxystanozolol; 100ug/ml, 1.0mg/ml Ampule: 2ml ...... 06/06/94 Radian Corporation ...... 3, 4-Methylenedioxy-amphetamine-D5 0.1 2 ml amber ampule ...... 10/19/88 mg/ml. Radian Corporation ...... 3, 4-Methylenedioxy-amphetamine-D5 1.0 2 ml amber ampule ...... 10/19/88 mg/ml. Radian Corporation ...... 3, 4-Methylenedioxy-methamphetamine- 2 ml amber ampule ...... 10/19/88 D5 0.1 mg/ml. Radian Corporation ...... 3, 4-Methylenedioxy-methamphetamine- 2 ml amber ampule ...... 10/19/88 D5 1.0 mg/ml. Radian Corporation ...... 3, 4-Methylenedioxyamphetamine 0.1, 1.0 Amber glass ampule: 2ml ...... 01/12/89 mg/ml. Radian Corporation ...... 3, 4-Methylenedioxymethamphetamine Amber glass ampule: 2ml ...... 01/12/89 0.1, 1.0 mg/ml. Radian Corporation ...... 4-Methylaminorex 100ug/ml, 1.0mg/ml ..... Ampule: 2ml ...... 01/29/93 Radian Corporation ...... 4-Methylaminorex-D5 100ug/ml, 1.0mg/ml Ampule: 2ml ...... 01/29/93 Radian Corporation ...... 6-Acetylmorphine ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... 6-Acetylmorphine-D3 ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... 6-Acetylmorphine-D6; 100ug/ml, 1.0mg/ml Ampule: 2ml ...... 04/25/94 Radian Corporation ...... 9-Carboxy-11-nor-Delta-9- Ampule: 2 ml ...... 12/04/87 Tetrahydrocannabinol-D3. Radian Corporation ...... 9-Carboxy-11-nor-delta-9-THC 0.1, 1.0 Amber glass ampule: 2ml ...... 01/12/89 mg/ml. Radian Corporation ...... Alpha-Hydroxyalprazolam 0.1 mg/ml, 1.0 Vial: 2ml ...... 06/12/91 mg/ml. Radian Corporation ...... Alpha-Hydroxyalprazolam-D5 0.1 mg/ml, Vial: 2ml ...... 06/12/91 1.0 mg/ml. Radian Corporation ...... Alpha-Hydroxytriazolam 0.1mg/ml, 1.0mg/ Ampule: 2ml ...... 04/27/92 ml. Radian Corporation ...... Alpha-Hydroxytriazolam-D4, 0.1mg/ml, Ampule: 2ml ...... 04/27/92 1.0mg/ml. Radian Corporation ...... Alprazolam 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 11/05/90 Radian Corporation ...... Alprazolam-D5 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 11/05/90 Radian Corporation ...... Amobarbital 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Amphetamine-D3 0.1 mg/ml ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... Anhydroecgonine 100ug/ml, 1.0mg/ml ..... Ampule: 2ml ...... 01/29/93 Radian Corporation ...... Anhydroecgonine-D3 100ug/ml, 1.0mg/ml Ampule: 2ml ...... 01/29/93 Radian Corporation ...... Benzoylecgonine ...... Ampule: 2ml ...... 12/04/87 Radian Corporation ...... Benzoylecgonine-D3 ...... Ampule: 2ml ...... 12/04/87 Radian Corporation ...... Bromazepam; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Buprenorphine 0.1 ...... Ampule: 2ml ...... 02/01/91 Radian Corporation ...... Buprenorphine-D4 0.1 mg/ml ...... Ampule: 2ml ...... 02/01/91 Radian Corporation ...... Chlordiazepoxide 100ug/ml, 1.0mg/ml ..... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... Clonazepam-D4; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Cocaethylene 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 12/13/90 Radian Corporation ...... Cocaethylene-D3 ...... Ampule: 2ml ...... 12/13/90 Radian Corporation ...... Cocaethylene-D8 100ug/ml, 1.0mg/ml ..... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... Cocaine 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Cocaine-D3 ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... Codeine ...... Ampule: 2 ml ...... 03/09/88 Radian Corporation ...... Codeine-D3 ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... D-Amphetamine 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... D-Methamphetamine 0.1 mg/ml, 1.0 mg/ Vial: 2ml ...... 06/12/91 ml. Radian Corporation ...... D-Propoxyphene 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 04/27/92 Radian Corporation ...... D-Propoxyphene 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... DL-3, 4-MDEA 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... DL-3, 4-MDEA-D5 100ug/ml, 1.0mg/ml .... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... DL-Amphetamine 0.1, 1.0 mg/ml ...... Ampule: 2ml ...... 12/04/87 Radian Corporation ...... DL-Amphetamine-D11, 0.1mg/ml, 1.0mg/ Ampule: 2ml ...... 04/27/92 ml. Radian Corporation ...... DL-Amphetamine-D3 0.1, 1.0 mg/ml ...... Ampule: 2ml ...... 12/04/87 Radian Corporation ...... DL-Amphetamine-D5 (SC) 0.1, 1.0 mg/ml Ampule: 2ml ...... 12/04/87 Radian Corporation ...... DL-Amphetamine-D5 0.1, 1.0 mg/ml ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... DL-Amphetamine-D5 0.1, 1.0 mg/ml ...... Ampule: 2ml ...... 12/04/87 Radian Corporation ...... DL-Amphetamine-D8, 0.1mg/ml, 1.0mg/ml Ampule: 2ml ...... 04/27/92 16008 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Radian Corporation ...... DL-MDEA-D6; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... DL-Methamphetamine 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... DL-Methamphetamine-D11 0.1mg/ml, Ampule: 2ml ...... 06/16/93 1.0mg/ml. Radian Corporation ...... DL-Methamphetamine-D5 0.1, 1.0 mg/ml Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... DL-Methamphetamine-D8 (Phenyl-D5 & Ampule: 2ml ...... 04/06/93 N-Methyl-D3) 100ug/ml, 1.0mg/ml. Radian Corporation ...... DL-Methamphetamine-D8 0.1 mg/ml ...... Ampule: 2ml ...... 12/04/87 Radian Corporation ...... DL-Methamphetamine-D8, 0.1mg/ml, Ampule: 2ml ...... 04/27/92 1.0mg/ml. Radian Corporation ...... DL-Propoxyphene - D5 0.1, 1.0 mg/ml ..... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Delta-9-Tetrahydrocannabinol 0.1, 1.0 Amber glass ampule: 2ml ...... 01/12/89 mg/ml. Radian Corporation ...... Delta-9-Tetrahydrocannabinol-D3 ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... Diazepam 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Diazepam-D5 0.1 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Diazepam-D5 1.0 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Ecgonine 0.1 mg/ml, 1.0 mg/ml ...... Vial: 2ml ...... 06/12/91 Radian Corporation ...... Ecgonine Methyl Ester 0.1, 1.0 mg/ml ..... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Ecgonine Methyl Ester-D3 0.1 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Ecgonine Methyl Ester-D3 1.0 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Ecgonine-D3 0.1 mg/ml, 1.0 mg/ml ...... Vial: 2ml ...... 06/12/91 Radian Corporation ...... Estazolam; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Fentanyl ...... Ampule: 2ml ...... 01/02/91 Radian Corporation ...... Fentanyl-D5 ...... Ampule: 2ml ...... 01/02/91 Radian Corporation ...... Flunitrazepam; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Flurazepam 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Heroin-D3; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Heroin-D6; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Heroin-D9; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Heroin; 1.0mg/ml, 100ug/ml ...... Ampule: 2ml ...... 08/23/94 Radian Corporation ...... Hexobarbital; 1.0mg/ml, 100ug/ml ...... Ampule: 2ml ...... 08/23/94 Radian Corporation ...... Hydrocodone - D3 0.1 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Hydrocodone - D3 1.0 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Hydrocodone 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Hydromorphone - D3 0.1 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Hydromorphone - D3 1.0 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Hydromorphone 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Ibogaine 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... Ibogaine-D3 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... Lorazepam 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Lorazepam-D4, 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Meperidine 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Meperidine 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Meprobamate 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Mescaline 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 01/29/93 Radian Corporation ...... Mescaline-D9 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 01/29/93 Radian Corporation ...... Methadone - D5 0.1 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Methadone - D5 1.0 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Methadone 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Methaqualone - D4 0.1 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Methaqualone - D4 1.0 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Methaqualone 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Methcathinone 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 01/29/93 Radian Corporation ...... Methcathinone-D5 100ug/ml, 1.0mg/ml .... Ampule: 2ml ...... 01/29/93 Radian Corporation ...... Method 8270 Supplemental Stock Stand- Vial: 2ml ...... 01/25/95 ard - 2000ug/ml. Radian Corporation ...... Methohexital 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Methohexital-D5; 1.0mg/ml, 100ug/ml ...... Ampule: 2ml ...... 08/23/94 Radian Corporation ...... Methylphenidate 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Methyltestosterone; 1.0mg/ml, 100ug/ml .. Vial: 2ml ...... 01/25/95 Radian Corporation ...... Midazolam; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Morphine ...... Ampule: 2 ml ...... 03/09/88 Radian Corporation ...... Morphine-3-Beta-D-glucuronide 0.1, Ampule: 2ml ...... 02/01/91 1.0mg/ml. Radian Corporation ...... Morphine-3-Beta-D-glucuronide-D3 0.1, Ampule: 2ml ...... 02/01/91 1.0mg/ml. Radian Corporation ...... Morphine-D3 ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... N-Ethylamphetamine; 1.0mg/ml, 100ug/ml Vial: 2ml ...... 01/25/95 Radian Corporation ...... Nitrazepam 0.1 mg/ml, 1.0 mg/ml ...... Ampule: 2ml ...... 09/17/90 Radian Corporation ...... Nitrazepam-D5 0.1 mg/ml, 1.0 mg/ml ...... Ampule: 2ml ...... 09/17/90 Radian Corporation ...... Norcocaine 0.1 mg/ml, 1.0 mg/ml ...... Vial: 2ml ...... 06/12/91 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16009

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Radian Corporation ...... Norcocaine-D8 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 12/22/93 Radian Corporation ...... Nordiazepam - D5 0.1 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Nordiazepam - D5 1.0 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Nordiazepam 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Noroxycodone 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 06/16/93 Radian Corporation ...... Noroxymorphone 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 06/16/93 Radian Corporation ...... Oxazepam - D5 0.1 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Oxazepam - D5 1.0 mg/ml ...... 2 ml amber ampule ...... 10/19/88 Radian Corporation ...... Oxazepam -3-Beta-D-Glucuronide-D5; Ampule: 2ml ...... 04/25/94 100ug/ml, 1.0mg/ml. Radian Corporation ...... Oxazepam 0.1, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Oxazepam-3-Beta-D-Glucuronide; 100ug/ Ampule: 2ml ...... 04/25/94 ml, 1.0mg/ml. Radian Corporation ...... Oxycodone-D6 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 06/16/93 Radian Corporation ...... Pentobarbital 0.1 mg/ml, 1.0 mg/ml ...... Ampule: 2ml ...... 09/24/90 Radian Corporation ...... Pentobarbital-D5 0.1 mg/ml, 1.0 mg/ml .... Ampule: 2ml ...... 09/24/90 Radian Corporation ...... Phencyclidine 0.1 mg/ml, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Phencyclidine-D5 ...... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... Phenobarbital 0.1 mg/ml, 1.0 mg/ml ...... Amber glass ampule: 2ml ...... 01/12/89 Radian Corporation ...... Phenobarbital-D5 0.1 mg/ml, 1.0 mg/ml ... Ampule: 2 ml ...... 12/04/87 Radian Corporation ...... Phentermine-D3; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Phentermine; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Prazepam 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 01/29/93 Radian Corporation ...... Prazepam-D5 100ug/ml, 1.0mg/ml ...... Ampule: 2ml ...... 01/29/93 Radian Corporation ...... Quazepam; 1.0mg/ml, 100ug/ml ...... Vial: 2ml ...... 01/25/95 Radian Corporation ...... Stanozolol-D3; 100ug/ml, 1.omg/ml ...... Ampule: 2ml ...... 06/06/94 Radian Corporation ...... Stanozolol; 100ug/ml, 1.omg/ml ...... Ampule: 2ml ...... 06/06/94 Radian Corporation ...... Temazepam 0.1 mg/ml, 1.0 mg/ml ...... Ampule: 2ml ...... 09/17/90 Radian Corporation ...... Temazepam-D5 0.1 mg/ml, 1.0 mg/ml ..... Ampule: 2ml ...... 09/17/90 Radian Corporation ...... Triazolam 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... Triazolam-D4 0.1mg/ml, 1.0mg/ml ...... Ampule: 2ml ...... 04/27/92 Radian Corporation ...... m-Hydroxybenzoylecgonine; 1.0mg/ml, Vial: 2ml ...... 01/25/95 100ug/ml. Research Diagnostics ...... 3H Alfentanil ...... Vial: 0.5 ml ...... 06/15/89 Research Diagnostics ...... 3H Fentanyl ...... Vial: 0.5 ml ...... 06/15/89 Research Diagnostics ...... 3H Sufentanil ...... Vial: 0.5 ml ...... 06/15/89 Research Diagnostics ...... Alfentanil Radioimmunoassay ...... Kit: 200 tests ...... 06/15/89 Research Diagnostics ...... Alfentanil Radioimmunoassay ...... Kit: 200 tests ...... 06/15/89 Research Diagnostics ...... Fentanyl Analogs Reference Standards Amber Ampule: 1 ml, Plastic Shell: 5 am- 10/17/89 for Drug Analysis. pules, Kit: 2 shells (10 ampules). Research Diagnostics ...... Fentanyl Radioimmunoassay ...... Kit: 200 tests ...... 06/15/89 Research Diagnostics ...... Sufentanil Radioimmunoassay ...... Kit: 200 tests ...... 06/15/89 Research Triangle Institute ...... 11-Nor-9-carboxy-delta-9 THC Blood Kit Containing: 18-21ml Ampuls; 1-5ml 10/26/81 Standards Kit.. Ampul. Research Triangle Institute ...... 11-Nor-9-carboxy-delta-9 THC Plasma Kit Containing: 18-21ml Ampuls; 1-5ml 10/26/81 Standards Kit.. Ampul. Research Triangle Institute ...... Delta-9 THC Blood Standards Kit ...... Kit Containing: 16-2ml Ampuls; 1-5ml 10/26/81 Ampul. Research Triangle Institute ...... Delta-9 THC Plasma Standards Kit ...... Kit Containing: 16-2ml Ampuls; 1-5ml 11/02/81 Ampul. Research Triangle Institute ...... Iodine Kit for Radioimmunoassay of 11- Kit Containing: 26-1ml Ampuls; 2-20ml 10/26/81 Nor-9-carboxy-delta-9 THC in Blood. Vials; 2-250ml Bottles. Research Triangle Institute ...... Iodine Kit for Radioimmunoassay of 11- Kit Containing: 24-1ml Ampuls; 2-20ml 10/26/81 Nor-9-carboxy-delta-9 THC in Plasma. Vials; 2-250ml Bottles. Research Triangle Institute ...... Iodine Kit for Radioimmunoassay of Kit Containing: 20-1ml Ampules; 2-20ml 10/20/80 Delta-9 THC. Vials; 2-250ml Bottles. Research Triangle Institute ...... Iodine Kit for Radioimmunoassay of Kit Containing: 22-1ml Ampules; 2-20ml 07/10/81 Delta-9 THC in Blood. Vials; 2-250ml Bottles. Research Triangle Institute ...... Tritium Kit for Radioimmunoassay of Kit Containing: 20-1ml Ampules; 2- 20ml 06/27/80 Delta-9 THC. Vials; 2- 250ml Bottles. Restek Corp ...... EPA Exempt Mix ι1 ...... Ampule: 1.25ml ...... 03/18/94 Restek Corp ...... EPA Exempt Mix ι2 ...... Ampule: 1.25ml ...... 03/18/94 Restek Corp ...... EPA Exempt Mix ι3 ...... Ampule: 1.25ml ...... 03/18/94 Restek Corp ...... Thebaine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Alprazolam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Amobarbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Amphetamine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Aprobarbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Barbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Benzoylecgonine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Benzphetamine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Bromazepam ...... Ampule: 2ml ...... 01/08/93 16010 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Restek Corp...... Butabarbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Butalbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Cannabidiol delta-8 ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Cannabinol ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Chlordiazepoxide ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Clobazam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Clonazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Cocaethylene ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Cocaine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Codeine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Desmethyl Diazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Diacetylmorphine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Diazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Ecgonine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Ecgonine methyl ester ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Fenfluramine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Fentanyl ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Flunitrazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Flurazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Glutethimide ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Hexobarbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Hydrocodone ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Levorphanol ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Lorazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Medazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Meperidine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Mephobarbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Meprobamate ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Methadone ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Methamphetamine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Methohexital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Methyprylon ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Morphine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Nitrazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Oxazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Oxycodone ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Pentazocine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Pentobarbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Phencyclidine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Phendimetrazine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Phenmetrazine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Phenobarbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Phentermine ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Prazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Propoxyphene ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Secobarbital ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Talbutal ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Temazepam ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Tetrahydrocannabinol 11-nor delta-9- Ampule: 2ml ...... 01/08/93 THC-carboxylic acid. Restek Corp...... Tetrahydrocannabinol delta-9 ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Thiamylal ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Thiopental ...... Ampule: 2ml ...... 01/08/93 Restek Corp...... Triazolam ...... Ampule: 2ml ...... 01/08/93 Roche Diagnostic Systems, Inc ...... Abuscreen ONLINE Benzoylecgonine Bottle: 4.5L ...... 03/31/94 Microparticle Reagent. Roche Diagnostic Systems, Inc ...... Abuscreen ONLINE Cannabinoids Bottle: 4.5L ...... 03/31/94 Microparticle Reagent. Roche Diagnostic Systems, Inc ...... Abuscreen ONLINE Opiates Microparticle Bottle: 4.5L ...... 03/31/94 Reagent. Roche Diagnostic Systems, Inc...... ABUSCREEN Radioimmunoassay for Kit: 100 tests, 2500 tests ...... 03/01/89 Methamphetamine High Specificity. Roche Diagnostic Systems, Inc...... Abuscreen Calibration Standard for Am- Kit: 2 Vials ...... 10/12/87 phetamine. Roche Diagnostic Systems, Inc...... Abuscreen Calibration Standard for Bar- Kit: 2 Vials ...... 10/12/87 biturate. Roche Diagnostic Systems, Inc...... Abuscreen Calibration Standard for Kit: 2 Vials ...... 10/12/87 Cannabinoids. Roche Diagnostic Systems, Inc...... Abuscreen Calibration Standard for Co- Kit: 2 Vials ...... 10/12/87 caine Metabolite. Roche Diagnostic Systems, Inc...... Abuscreen Calibration Standard for LSD Kit: 2 Vials ...... 10/12/87 (Lysergic Acid Diethylamide). Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16011

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Roche Diagnostic Systems, Inc...... Abuscreen Calibration Standard for Meth- Kit: 2 vials ...... 05/27/92 amphetamine (High Specificity). Roche Diagnostic Systems, Inc...... Abuscreen Calibration Standard for Mor- Kit: 2 Vials ...... 10/12/87 phine. Roche Diagnostic Systems, Inc...... Abuscreen Calibration Standard for Kit: 2 Vials ...... 10/12/87 Phencyclidine (PCP). Roche Diagnostic Systems, Inc...... Abuscreen ONLINE Calibration Pack ...... Kit: 8 vials ...... 05/18/92 Roche Diagnostic Systems, Inc...... Abuscreen ONLINE Calibrator Level 3 ..... Pack: 6 vials ...... 05/18/92 Roche Diagnostic Systems, Inc...... Abuscreen ONLINE Positive Control ...... Pack: 6 vials ...... 05/18/92 Roche Diagnostic Systems, Inc...... Abuscreen ONLINE THC Positive Control Kit: 6 vials; 4ml/vial ...... 03/22/93 Roche Diagnostic Systems, Inc...... Abuscreen ONLINE for Cocaine Kit: 100, 1000, 8000 Tests ...... 03/19/91 Metabolite. Roche Diagnostic Systems, Inc...... Abuscreen ONLINE for Opiates ...... Kit: 100, 1000, 8000 Tests ...... 03/19/91 Roche Diagnostic Systems, Inc...... Abuscreen ONLINE for THC ...... Vial: 100, 1000, 8000 Tests ...... 03/19/91 Roche Diagnostic Systems, Inc...... Abuscreen ONTRACK for Vial: 4ml ...... 03/22/93 Benzodiazepines Positive Control. Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK ≥THC≥ (100ng/ml) .. Kit: 50 tests, 100 tests ...... 03/14/88 Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK ≥THC≥ Positive Vial: 4 ML ...... 03/14/88 Control. Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Amphetamine ...... Kit: 50 tests, 100 tests ...... 03/14/88 Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Amphetamine Posi- Vial: 4 ml ...... 03/14/88 tive Control. Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Barbiturate ...... Kit: 50 tests, 100 tests ...... 03/14/88 Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Barbiturates Positive Vial: 4 ml ...... 03/14/88 Control. Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Benzodiazepines .... Kit: 50 Tests, 100 Tests ...... 05/03/91 Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Cocaine Metabolite . Kit: 50 tests, 100 tests ...... 03/14/88 Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Cocaine Metabolite Vial: 4 ml ...... 03/14/88 Positive Control. Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Methadone ...... Kits: 50, 100 Tests ...... 09/08/93 Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Methadone Positive Vial: 4ml ...... 09/08/93 Reference Control. Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Morphine ...... Kits: 50 tests, 100 tests ...... 03/14/88 Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Morphine Positive Vial: 4 ml ...... 03/14/88 Control. Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Phencyclidine (PCP) Kit: 50 tests, 100 tests ...... 11/22/89 Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK Phencyclidine (PCP) Vial: 4 ml ...... 11/22/89 Positive Control. Roche Diagnostic Systems, Inc...... Abuscreen ONTRAK THC (50ng/ml) ...... Kit: 50 Tests, 100 Tests ...... 05/03/91 Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for Am- Kit: 100 tests, 2500 tests ...... 09/13/85 phetamine High Specificity. Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for Bar- Kit: 100 tests, 2500 tests ...... 02/15/83 biturates. Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for Kit: 100 tests, 2500 tests ...... 03/06/87 Benzodiazepines. Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for Kit: 100 Tests 2, 500 Tests ...... 08/14/81 Cannabinoids. Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for Co- Kit: 100 Tests, 2500 Tests ...... 02/15/83 caine Metabolite. Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for LSD Kit: 100 tests, 2500 tests ...... 01/28/86 (Lysergic Acid Diethylamide). Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for Metha- Kit: 100 tests, 2500 tests ...... 02/15/83 qualone. Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for Mor- Kit: 100 tests, 2500 tests ...... 02/15/83 phine. Roche Diagnostic Systems, Inc...... Abuscreen Radioimmunoassay for Kit: 100 tests, 2500 tests ...... 02/15/83 Phencyclidine (PCP). Roche Diagnostic Systems, Inc...... Abuscreen Reference Controls and Cali- Kit: 3 Vials, 100ml each ...... 10/12/87 brator for Amphetamine. Roche Diagnostic Systems, Inc...... Abuscreen Reference Controls and Cali- Kit: 3 Vials, 100ml each ...... 10/12/87 brator for Barbiturate. Roche Diagnostic Systems, Inc...... Abuscreen Reference Controls and Cali- Kit: 3 Vials, 100ml each ...... 10/12/87 brator for Cannabinoids. Roche Diagnostic Systems, Inc...... Abuscreen Reference Controls and Cali- Kit: 3 Vials, 100ml each ...... 10/12/87 brator for Cocaine Metabolite. Roche Diagnostic Systems, Inc...... Abuscreen Reference Controls and Cali- Kit: 3 Vials, 100ml each ...... 10/12/87 brator for LSD (Lysergic Acid Diethylamide). Roche Diagnostic Systems, Inc...... Abuscreen Reference Controls and Cali- Kit: 3 vials, 100ml each ...... 05/27/92 brator for Methamphetamine (High Specificity). 16012 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Roche Diagnostic Systems, Inc...... Abuscreen Reference Controls and Cali- Kit: 3 Vials, 100ml each ...... 10/12/87 brator for Morphine. Roche Diagnostic Systems, Inc...... Abuscreen Reference Controls and Cali- Kit: 3 Vials, 100ml each ...... 10/12/87 brator for Phencyclidine (PCP). Roche Diagnostic Systems, Inc...... CAL PACK Abuscreen ONLINE THC Kit: 4 vials ...... 09/11/91 Calibration Pack. Roche Diagnostic Systems, Inc...... COBAS FP Phenobarbital Calibrators ...... Kit: 6 Vials ...... 11/13/84 Roche Diagnostic Systems, Inc...... COBAS FP Reagents for Phenobarbital .. Kit: 100 tests ...... 11/13/84 Roche Diagnostic Systems, Inc...... COBAS FP TDM Controls ...... Kit: 6 Vials ...... 11/13/84 Roche Diagnostic Systems, Inc...... Immunizing Preparation No. 1, 2, 3, 4, 5, Vial: 10, 20, 50, or 100ml ...... 01/25/83 6, 7, or 8.. Roche Diagnostic Systems, Inc...... Immunizing Preparation No. 9 ...... Vial: 10ml, 20ml, 50ml, or 100ml ...... 07/24/84 Roche Diagnostic Systems, Inc...... Immunizing Preparation No. 9A ...... Vial: 10ml, 20ml, 50ml, or 100ml ...... 07/24/84 Roche Diagnostic Systems, Inc...... Immunizing Preparation No.10 ...... Vial: 10ml, 20ml, 50ml, or 100ml ...... 04/02/86 Roche Diagnostic Systems, Inc...... Immunizing Preparation No.10A ...... Vial: 10ml, 20ml, 50ml, or 100ml ...... 04/02/86 Roche Diagnostic Systems, Inc...... Immunizing Preparations No. 1A, 2A, 3A, Vial: 10ml, 20ml, 50ml, or 100ml ...... 07/12/83 4A, 5A, 6A, 7A, & 8A.. Rowley Biochemical Institute, Inc...... Aldehyde Fuchsin Solution ...... Bottle: Pint, Quart, Gallon ...... 02/02/84 Rowley Biochemical Institute, Inc...... Aldehyde Thionin Solution ...... Bottle: Pint, Quart, Gallon ...... 02/02/84 Rowley Biochemical Institute, Inc...... Mayer's Hematoxylin Solution ...... Bottle: Pint, Quart, Gallon ...... 02/02/84 Schering Corp...... Hepaquik ...... Vial: 9 Dram and Plate ...... 07/16/72 Serex Inc...... Benzoylecgonine Positive Control ...... Bottle: 1 ml ...... 12/16/89 Serex Inc...... Benzoylecgonine Standards ...... Bottle: 1 ml ...... 12/16/89 Serex Inc...... CoMA EIA for Cocaine Metabolite ...... Kit: 96 tests, 2 Bottles: 5 ml ea., Assay 10/17/89 Plate: 96 wells. Serex Inc...... Cocaine Metabolite Standards and Con- Kit: 3 bottles - 100 Assays ...... 12/16/89 trols Kit. Serex, Inc...... Automates CoMA Cocaine Metabolite Kit: 3 Bottles; 50, 1000 Tests ...... 07/22/92 Assay. Serex, Inc...... Automates CoMA Cocaine Metabolite Bottle: 12.5ml, 50ml ...... 07/22/92 Assay Reagent B. Serex, Inc...... Automates CoMA High Calibrator ...... Vial: 5ml ...... 07/22/92 Serex, Inc...... Automates CoMA Plus Cocaine Kit: 3 Bottles; 50, 1000 Tests ...... 07/22/92 Metabolite Assay. Serex. Inc...... Automates CoMA Low Calibrator ...... Vial: 5ml ...... 07/22/92 Serex. Inc...... Automates CoMA Plus Cocaine Bottle: 12, 5ml, 50ml ...... 07/22/92 Metabolite Assay Reagent B. Serono Diagnostics, Inc...... rT3 Barbital Buffer ...... Glass Vial: 120ml ...... 10/26/84 Serono Diagnostics, Inc...... rT3-125I ...... Glass Vial: 13ml ...... 10/26/84 Serono Diagnostics, Inc...... rT3-Antiserum ...... Glass Vial: 13ml ...... 10/26/84 Sherwood Medical Company ...... Lancer Fibrinogen Determination, Rea- Kit ...... 04/17/75 gent Kit Catalog No. 8889-007608. Sigma Chemical Co...... (+)Deoxyephedrine-d5 HCl ιD-5914 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... (+-)-(2 Methylamino)propiophenone Hy- Ampule: 1ml ...... 07/30/92 drochloride. Sigma Chemical Co...... (+/-) 2, 5-Dimethoxy-4-bromo-amphet- Ampule: 2ml ...... 09/25/91 amine Hydrobromide, D-7633. Sigma Chemical Co...... (+/-) 2, 5-Dimethoxy-4-methyl-amphet- Ampule: 2ml ...... 09/25/91 amine HCl, D-7883. Sigma Chemical Co...... (+/-) Deoxyephedrine HCl, D-7508 ...... Ampule: 2ml ...... 09/25/91 Sigma Chemical Co...... (-) Deoxyephedrine, D-7258 ...... Ampule: 2ml ...... 09/25/91 Sigma Chemical Co...... 1-Tetrahydrocannabinol, Product No. T- Sealed Ampule: 1ml ...... 06/30/77 4764. Sigma Chemical Co...... 1-Tetrahydrocannabinol, Product No. T- Vial: 1ml ...... 05/11/81 4764. Sigma Chemical Co...... 11-Hydroxy-delta-9-Tetrahydrocannabinol Ampule: 2ml ...... 11/06/91 Cat. No. H3879. Sigma Chemical Co...... 11-nor-delta-9-THC-9-Carboxylic Acid ιN- Ampule: 2ml ...... 08/28/90 6893. Sigma Chemical Co...... 11-nor-delta-9-Tetrahyrocannabinol, 9- Glass Ampule: 2 ml ...... 06/29/89 Carboxylic .05 mg/ml acid, No. N-5642. Sigma Chemical Co...... 11Beta-Hydroxytestosterone, H-4646 ...... Vial: 2ml ...... 02/04/94 Sigma Chemical Co...... 19-Nortesterone 17-Phenylpropionate, N Ampule: 1ml ...... 07/30/92 2771. Sigma Chemical Co...... 19-Nortesterone 17-Propionate, N 2896 .. Ampule: 1ml ...... 07/30/92 Sigma Chemical Co...... 19-Nortestosterone 17-Decanoate, N Ampule: 1ml ...... 07/30/92 3021. Sigma Chemical Co...... 3, 4 Methylenedioxymethamphetamine 1 Glass Ampule: 2 ml ...... 06/29/89 mg/ml, No. M-5029. Sigma Chemical Co...... 3, 4-Methylenedioxyamphetamine, No. M- Glass Ampule: 2ml ...... 06/06/89 3272. Sigma Chemical Co...... 3-Methylfentanyl HCl, M-6255 ...... Ampule: 2ml ...... 09/25/91 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16013

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Sigma Chemical Co...... 5, 5-Diallylbarbituric Acid, Product No. D- Sealed Ampule: 1ml ...... 06/30/77 6013. Sigma Chemical Co...... 5-Alpha-Androstan-17beta-ol-3-one Ben- Ampule: 1ml ...... 07/30/92 zoate, A 9687. Sigma Chemical Co...... 6-Tetrahydrocannabinol, Product No. T- Vial: 1ml ...... 05/11/81 4889. Sigma Chemical Co...... AST Reagent A, Stock No.56-2 ...... Vial: 10ml ...... 06/27/79 Sigma Chemical Co...... Acid Hematoxylin Solution, No. 285-2 ...... Bulk: 1000L ...... 05/04/93 Sigma Chemical Co...... Acid Hematoxylin Solution, No.285-2 ...... Bottle: 25ml, 100ml ...... 08/06/73 Sigma Chemical Co...... Adenosine Phosphate Substrate, Product Bottle: 4 ounce ...... 07/25/83 No. 675-1. Sigma Chemical Co...... Allylcyclopentylbarbituric Acid (A-7787) .... Sealed Ampule: 1ml ...... 04/10/85 Sigma Chemical Co...... Allylisobutylbarbituric Acid (A-1038) ...... Sealed Ampule: 1ml ...... 04/10/85 Sigma Chemical Co...... Alpha-Ethyltryptamine, E-1392 ...... Vial: 2ml ...... 02/04/94 Sigma Chemical Co...... Alphaprodine Hydrochloride (A-1537) ...... Ampule: 1ml ...... 08/27/84 Sigma Chemical Co...... Alphenal (A-1163) ...... Ampule: 1ml ...... 04/10/85 Sigma Chemical Co...... Alprazolam .25 mg/ml, No. A-5052 ...... Glass Ampule: 2 ml ...... 06/29/89 Sigma Chemical Co...... Alprazolam-d5 ιA-7055 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Ammonia Reagent , Stock No. 170-10 ..... Vial: 10ml ...... 02/17/77 Sigma Chemical Co...... Ammonia Reagent Kit: Stock No. 170-10 Kit: 10 Vials ...... 02/17/77 Sigma Chemical Co...... Ammonia Reagent Stock No. 170-10 ...... Vial: 30ml ...... 12/13/77 Sigma Chemical Co...... Ammonia in Plasma Kit ...... Kit: 100 tests, 30 tests ...... 12/13/77 Sigma Chemical Co...... Amobarbital , Product No. A-5142 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Amobarbital Sodium Salt, Product No. A- Ampule: 1ml ...... 05/13/93 7441. Sigma Chemical Co...... Antibody Sensitized Sheep Erythrocytes Vials: 2ml and 5X 2ml ...... 04/02/86 (EA7S). Sigma Chemical Co...... Aprobarbital , Product No. A-7023 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Barbital Buffer , Product No. B-6632 ...... Polyethylene Vial: 30ml ...... 05/11/77 Sigma Chemical Co...... Barbital Buffer 5X Concentrate Bottle: 200ml ...... 11/14/91 Electrophoresis Reagent Cat. No. B- 3506. Sigma Chemical Co...... Barbital Buffer with Albumin Stock No. Vial: 20ml ...... 07/11/80 880-3. Sigma Chemical Co...... Barbital, Product No. B-8632 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Benzoylecgonine 1 mg/ml, No. B-8900 .... Glass Ampule: 2 ml ...... 06/29/89 Sigma Chemical Co...... Benzoylecgonine-d3 ιB-3277 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Benzphetamine Hydrochloride, Product Sealed Ampule: 1ml ...... 06/08/84 No. B-8765. Sigma Chemical Co...... Bromazepam ιB-5402 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Bufotenine Monooxalate, Product No. B- Sealed Ampule: 1ml ...... 06/30/77 8757. Sigma Chemical Co...... Buprenorphine Hydrochloride ...... Vial: 2ml ...... 09/12/94 Sigma Chemical Co...... Butabarbital , Product No. B-8882 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Butalbital, Product No. B-5514 ...... Sealed Ampule: 1ml ...... 09/19/83 Sigma Chemical Co...... Butethal (B-7516) ...... Ampule: 1ml ...... 09/05/85 Sigma Chemical Co...... Cannabidiol, Product No. C-6395 ...... Sealed Ampule: 1ml ...... 08/29/79 Sigma Chemical Co...... Cannabidiol, Product No. C-6395 ...... Vial: 1ml ...... 05/11/81 Sigma Chemical Co...... Cannabinol, Product No. C-6520 ...... Sealed Ampule: 1ml ...... 08/29/79 Sigma Chemical Co...... Cannabinol, Product No. C-6520 ...... Vial: 1ml ...... 05/11/81 Sigma Chemical Co...... Chloral Hydrate , Product No. C-6516 ..... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Chlorazepam Dipotassium Salt, (C-9531) Ampule: 1ml ...... 05/24/85 Sigma Chemical Co...... Chlordiazepoxide (C-4782) ...... Ampule: 1ml ...... 09/05/85 Sigma Chemical Co...... Chlordiazepoxide Hydrochloride Acetoni- Ampule: 2ml ...... 06/26/90 trile Drug Standard ιC-9547. Sigma Chemical Co...... Chlordiazepoxide-d5 ιC-5047 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Clobazam, No. C-6667 ...... Glass Ampule: 2ml ...... 06/06/89 Sigma Chemical Co...... Clonazepam, Product No. C-4404 ...... Sealed Ampule: 1ml ...... 06/08/84 Sigma Chemical Co...... Cocaethylene, C-7313 ...... Vial: 2ml ...... 02/04/94 Sigma Chemical Co...... Cocaine Hydrochloride Product No. C- Sealed Ampule: 1ml ...... 09/19/83 1528. Sigma Chemical Co...... Cocaine-d3 ιC-3547 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Codeine-d3 HCl ιC-3672 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Codeine.Product No. C-1653 ...... Sealed Ampule: 1ml ...... 09/19/83 Sigma Chemical Co...... D-Amphetamine Sulfate, Product No. A- Vial: 1ml ...... 05/11/81 3278. Sigma Chemical Co...... DL-Amphetamine HCL , Product No. A- Sealed Ampule: 1ml ...... 06/30/77 5017. Sigma Chemical Co...... Delorazepam ιD-5789 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Desmethyldiazepam 1 mg/ml, No. D-3162 Glass Ampule: 2 ml ...... 06/29/89 Sigma Chemical Co...... Desmethyldiazepam-d5 ιD-6039 ...... Ampule: 2ml ...... 08/28/90 16014 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Sigma Chemical Co...... Dextropropoxyphene Hydrochloride (D- Ampule: 1ml ...... 09/27/84 8901). Sigma Chemical Co...... Diazepam, Product No. D-9900 ...... Sealed Ampule: 1ml ...... 06/08/84 Sigma Chemical Co...... Diazepam-d5 ιD-5664 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Diethylpropion Hydrochloride, Product No. Sealed Ampule: 1ml ...... 09/19/83 D-7274. Sigma Chemical Co...... Diphenoxylate (D-0780) ...... Ampule: 1ml ...... 09/05/85 Sigma Chemical Co...... Drug Standard Mix 1, D-3155 ...... Ampule: 2ml ...... 04/18/86 Sigma Chemical Co...... Drug Standard Mix 2, D-3030 ...... Ampule: 2ml ...... 04/18/86 Sigma Chemical Co...... Ecgonine Hydrochloride 1 mg/ml, No. E- Glass Ampule: 2 ml ...... 06/29/89 9762. Sigma Chemical Co...... Ecgonine-d3 HCl ιE-2014 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Ecgonine-d3 Methyl Ester HCl ιE-2139 ... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Estazolam ιE-1139 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Ethinamate (E-8508) ...... Ampule: 1ml ...... 04/10/85 Sigma Chemical Co...... Ethylmorphine, E-3377 ...... Ampule: 2ml ...... 09/25/91 Sigma Chemical Co...... Fencamfamine Hydrochloride ...... Vial: 2ml ...... 09/12/94 Sigma Chemical Co...... Fenfluramine Hydrochloride, Product No. Sealed Ampule: 1ml ...... 09/19/83 F-1884. Sigma Chemical Co...... Fenproporex Hydrochloride, No. F-7261 .. Glass Ampule: 2ml ...... 06/06/89 Sigma Chemical Co...... Fentanyl Citrate, No. F-5886 ...... Glass Ampule: 2 ml ...... 06/06/89 Sigma Chemical Co...... Fentanyl-d5 Citrate ιF-2520 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Flunitrazepam No. F-8763 ...... Vial: 1 ml ...... 06/30/87 Sigma Chemical Co...... Flurazepam Dihydrochloride Methanol Ampule: 2 ml ...... 10/20/89 Drug Standard, No. F-9134. Sigma Chemical Co...... Flurazepam Dihydrochloride, Product No. Sealed Ampule: 1ml ...... 06/08/84 F-9134. Sigma Chemical Co...... Gelatin Veronal Buffer (GVB2+) No. G- Vial: 50 ml, 250ml ...... 09/15/86 6514. Sigma Chemical Co...... Glutethimide, Product No. G-3134 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Glycerophosphate Substrate, Product No. Bottle: 4 ounce ...... 07/25/83 675-2. Sigma Chemical Co...... Heroin Hydrochloride .1 mg/ml, No. H- Glass Ampule: 2 ml ...... 06/29/89 5144. Sigma Chemical Co...... Hexobarbital, Product No. H-2007 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Hydrocodone Bitartrate, No. H-2269 ...... Glass Ampule: 2ml ...... 06/06/89 Sigma Chemical Co...... Hydromorphone Hydrochloride No. H- Vial: 1 ml ...... 06/30/87 7141. Sigma Chemical Co...... Ibogaine HCL, Product No. I-4630 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... LDH Electrophoresis Buffer, Stock No. Bottle: 30ml ...... 01/04/77 705-1. Sigma Chemical Co...... LDH-P Reagent No. 125-100 ...... Vial: 100ml ...... 05/29/73 Sigma Chemical Co...... Levorphanol Tartrate 1 mg/ml, No. L- Glass Ampule: 2 ml ...... 06/29/89 0896. Sigma Chemical Co...... Lorazepam (L-0140) ...... Ampule: 1ml ...... 05/24/85 Sigma Chemical Co...... Lormetazepam, No. 8145 ...... Glass Ampule: 2ml ...... 06/06/89 Sigma Chemical Co...... Lysergic Acid , Product No. L-5881 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Lysergic Acid Diethylamide ιL-8147 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Lysergic Acid Diethylamide, Drug Stand- Ampule: 1ml ...... 08/17/94 ard No. L-5406. Sigma Chemical Co...... Mayer's Hematoxylin Solution, MHS-1, Bottle: 3ml, 6ml, 25ml, 100ml, 225ml, 08/06/73 MHS-16, MHS-32, MHS-80, MHS-128. 500ml, 1.0L, 2.5L, 4.0L. Sigma Chemical Co...... Mayer's Hematoxylin Solution, No. MHS- Bulk: 1000L ...... 05/04/93 1. Sigma Chemical Co...... Mebutamate (M-3772) ...... Ampule: 1ml ...... 09/05/85 Sigma Chemical Co...... Medazepam (M-7646) ...... Ampule: 1ml ...... 05/24/85 Sigma Chemical Co...... Meperidine Hydrochloride (M-1020) ...... Ampule: 1ml ...... 08/27/84 Sigma Chemical Co...... Mephobarbital, Product No. M-3514 ...... Vial: 1ml ...... 05/11/81 Sigma Chemical Co...... Meprobamate (M-0271) ...... Ampule: 1ml ...... 05/24/85 Sigma Chemical Co...... Mescaline HC1 , Product No. M-5153 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Methadone Hydrochloride, Product No. Sealed Ampule: 1ml ...... 09/19/83 M-3268. Sigma Chemical Co...... Methadone-d3 ιM-4781 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Methamphetamine HC1 , Product No. M- Sealed Ampule: 1ml ...... 06/30/77 5260. Sigma Chemical Co...... Methaqualone Hydrochloride, Product No. Sealed Ampule: 1ml ...... 09/19/83 M-3393. Sigma Chemical Co...... Methaqualone-d4 ιM-5406 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Methylphenidate Hydrochloride (M-1145) . Ampule: 1ml ...... 10/31/84 Sigma Chemical Co...... Methyprylon, Product No. M-1769 ...... Sealed Ampule: 1ml ...... 06/08/84 Sigma Chemical Co...... Morphine Sulfate, No. M-9524 ...... Glass Ampule: 2ml ...... 06/06/89 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16015

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Sigma Chemical Co...... Morphine-3-B-D Glucuronide, Product No. Ampule: 1ml ...... 10/21/82 M-4266. Sigma Chemical Co...... Morphine-d3 HCl, M-6380 ...... Ampule: 2ml ...... 09/25/91 Sigma Chemical Co...... N, N-Diethyltryptamine, Product No. D- Vial: 1ml ...... 05/11/81 0392. Sigma Chemical Co...... N, N-Dimethyltryptamine, Product No. D- Sealed Ampule: 1ml ...... 06/30/77 6263. Sigma Chemical Co...... Nalorphine Hydrochloride ...... Ampule: 1ml ...... 08/27/84 Sigma Chemical Co...... Nitrazepam, N-3397 ...... Ampule: 1ml ...... 09/08/93 Sigma Chemical Co...... Norcodeine Hydrochloride, No. N-3017 .... Glass Ampule: 2ml ...... 06/06/89 Sigma Chemical Co...... Normorphine HCl ιN-7393 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Noroxymorphone ιN-7018 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Owren's Buffer, No. 05880 ...... Bottle: 500ml; Vial: 20ml; Box: 5vials ...... 04/05/89 Sigma Chemical Co...... Oxazepam, No. O-1755 ...... Vial: 1 ml ...... 06/30/87 Sigma Chemical Co...... Oxazepam-d5 ιO-1381 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Oxazolam, No. O-8005 ...... Glass Ampule: 2ml ...... 06/06/89 Sigma Chemical Co...... Oxycodone Hydrochloride, Product No. Sealed Ampule: 1ml ...... 09/19/83 O-2628. Sigma Chemical Co...... Paraldehyde, Product No. D-3778 ...... Ampule: 1ml ...... 10/21/82 Sigma Chemical Co...... Pemoline, Product No. P-3518 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Pentazocine Hydrochloride, Product No. Sealed Ampule: 1ml ...... 09/19/83 P-7530. Sigma Chemical Co...... Pentobarbital, Product No. P-3393 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Phencyclidine, No. P-7043 ...... Vial: 1 ml ...... 06/30/87 Sigma Chemical Co...... Phencyclidine-d5 HCl ιP-6054 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Phendimetrazine, Product No. P-3524 ..... Vial: 1ml ...... 05/11/81 Sigma Chemical Co...... Phenobarbital FPIA Calibrator Set Cat. Kit: 6 vials ...... 11/21/89 No. P9051. Sigma Chemical Co...... Phenobarbital FPIA Calibrator: A- Vial: 2.5 ml ...... 11/21/89 No.P8301, B-No.P8426, C-No.P8551, D-No.P8676, E-No.P8801, F-NO.P8926. Sigma Chemical Co...... Phenobarbital Primary Stock Solution No. Bottle: 10, 5, 1L, 500, 100ml ...... 02/01/91 Z-5419. Sigma Chemical Co...... Phenobarbital Prod. No.P-3643 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Phentermine Hydrochloride, Product No. Sealed Ampule: 1ml ...... 09/19/83 P-7655. Sigma Chemical Co...... Phenylacetone, Product No. P-2024 ...... Vial: 1ml ...... 05/11/81 Sigma Chemical Co...... Prazepam, No. P-7168 ...... Vial: 1 ml ...... 06/30/87 Sigma Chemical Co...... Psilocin ιP-4054 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... SIA Cocaine Metabolites ...... Kit: 96 Tests ...... 07/11/91 Sigma Chemical Co...... SIA Conjugate Cocaine Metabolites ...... Bottle: 75ml ...... 07/11/91 Sigma Chemical Co...... SIA Positive Reference Cocaine Vial: 1ml ...... 07/11/91 Metabolites. Sigma Chemical Co...... Secobarbital, Product No. S-4006 ...... Sealed Ampule: 1ml ...... 06/30/77 Sigma Chemical Co...... Secobarbital-d5, S-4628 ...... Ampule: 2ml ...... 09/25/91 Sigma Chemical Co...... Temazepam, No. T-4903 ...... Vial: 1 ml ...... 06/30/87 Sigma Chemical Co...... Tenocyclidine HCl, T-3507 ...... Ampule: 2ml ...... 09/25/91 Sigma Chemical Co...... Testosterone 17beta-Cypionate, T 3415 .. Ampule: 1ml ...... 07/30/92 Sigma Chemical Co...... Testosterone Enanthate, T 3540 ...... Ampule: 1ml ...... 07/30/92 Sigma Chemical Co...... Testosterone Propionate, T 3665 ...... Ampule: 1ml ...... 07/30/92 Sigma Chemical Co...... Thebaine, Product No. T-5270 ...... Sealed Ampule: 1ml ...... 09/19/83 Sigma Chemical Co...... Thiamylal Sodium, Product No. T-6896 ... Sealed Ampule: 1ml ...... 06/08/84 Sigma Chemical Co...... Thiopental (T-1022) ...... Ampule: 1ml ...... 08/27/84 Sigma Chemical Co...... Triazolam ιT-7658 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... Trizma-Barbital Buffer, Stock No. 710-1 ... Bottle: 30ml ...... 01/04/77 Sigma Chemical Co...... Tropacocaine, Product No. T-4516 ...... Vial: 1ml ...... 05/11/81 Sigma Chemical Co...... Z9999, Field Test Sample Vial: 400ml ...... 03/14/91 PSEUDOnarcotics Marihuana Formula- tion. Sigma Chemical Co...... d-Amphetamine-d3 Sulfate ιA-7180 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... d-Lysergic Acid Cat. No. L-9752 ...... Ampule: 2ml ...... 11/06/91 Sigma Chemical Co...... d-Propoxyphene-d7 HCl ιP-4179 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... d-Propoxyphene-d7 HCl ιP-4179 ...... Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... delta-9-tetrahydrocannabinol-d3 ιT-8783 . Ampule: 2ml ...... 08/28/90 Sigma Chemical Co...... dl-Amphetamine, A-2262 ...... Ampule: 2ml ...... 09/25/91 Sigma Chemical Co...... l-Amphetamine, A-9136 ...... Ampule: 2ml ...... 09/25/91 Sigma Chemical Co...... p-Methoxyamphetamine HCl ιM-4656 ...... Ampule: 2ml ...... 08/28/90 Sigma Diagnostics ...... CA System Buffer ...... Bottle: 500ml ...... 09/09/93 Smart Chemical Co...... Regal 180XL ...... Plastic Drum: 55 gallon ...... 06/12/86 SolarCare Technology Control ...... LSD EIA ...... Kit: 3 vials ...... 06/05/90 SolarCare Technology Corporation ...... Benzoylecgonine Cutoff Calibrator ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... Benzoylecgonine Negative Control ...... Vial: 4ml ...... 06/05/90 16016 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

SolarCare Technology Corporation ...... Benzoylecgonine Positive Control ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... Cocaine Cutoff Calibrator ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... Cocaine EIA ...... Kit: 3 vials ...... 06/05/90 SolarCare Technology Corporation ...... Cocaine Metabolite EIA ...... Kit: 30 vials ...... 06/05/90 SolarCare Technology Corporation ...... Cocaine Negative Control ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... Cocaine Positive Control ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... LSD Cutoff Calibrator ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... LSD Negative Control ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... LSD Positive Control ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... Low Level Benzodiazepine (Triazolam) Kit: 3 vials ...... 06/05/90 EIA. SolarCare Technology Corporation ...... Triazolam Cutoff Control ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... Triazolam Negative Control ...... Vial: 4ml ...... 06/05/90 SolarCare Technology Corporation ...... Triazolam Positive Control ...... Vial: 4ml ...... 06/05/90 Supelco, Inc...... Alk Mix No. 04-9210 ...... Vial: 1ml ...... 08/28/73 Supelco, Inc...... Amobarbital, No.04-9170 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Amph. Mix Catalog No. 4-9205 ...... Glass Ampule: 2ml ...... 06/09/86 Supelco, Inc...... Amphetamine No.04-9165 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Anticonvulsant Mixture No.1; No. 04-9202 Glass Serum Bottle: 50ml ...... 06/16/77 Supelco, Inc...... Antiepileptic Calibration Standard Kit, Kit: 3 Ampules ...... 05/21/80 No.4-9259. Supelco, Inc...... Antiepileptic Calibration Standards, Glass Ampule: 5ml ...... 05/21/80 Nos.4-9256, 4-9257, 4-9258. Supelco, Inc...... Appendix IX Contract Mix 3 ...... Ampule: 2ml ...... 12/22/94 Supelco, Inc...... Aprobarbital No.04-9171 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Barb. Mix 1, Catalog No. 4-9200 ...... Glass Ampule: 2ml ...... 06/09/86 Supelco, Inc...... Barb. Mix 2, Catalog No. 4-9201 ...... Glass Ampule: 2ml ...... 06/09/86 Supelco, Inc...... Barbital, Catalog No. 4-9279 ...... Glass Ampule: 10ml ...... 06/09/86 Supelco, Inc...... Barbiturates Test Mix Catalog No. 4-9295 Ampule: 2 ml ...... 02/25/87 Supelco, Inc...... Cannabidiol, No.04-9221 ...... Ampule: 1ml ...... 11/27/74 Supelco, Inc...... Cannabinol, No.04-9235 ...... Ampule: 1ml ...... 11/27/74 Supelco, Inc...... Chloral Hydrate Kit, Product ι 4-8112 ...... Kit: 19 Vials; 2ml each ...... 09/06/94 Supelco, Inc...... Chloral Hydrate, Product ι 4-7276 ...... Vial: 2ml ...... 09/06/94 Supelco, Inc...... Cocaine, No.04-9188 ...... 1000 mcg /Glass Ampule ...... 06/05/75 Supelco, Inc...... Codeine No.04-9161 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Cyclobarbital No.04-9175 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Delta-1 THC, No.04-9237 ...... Ampule: 1ml ...... 11/27/74 Supelco, Inc...... Delta-6 THC, No.04-9238 ...... Ampule: 1ml ...... 11/27/74 Supelco, Inc...... Dextroamphetamine, No.4-9185 ...... Glass Ampule: 1ml ...... 05/21/80 Supelco, Inc...... EPA 8270 Base/Neutrals Mix B, Product ι Vial: 2ml ...... 08/31/94 4-8195. Supelco, Inc...... Glutethimide No.04-9173 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Heroin No.04-9162 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Hexobarbital No.04-9177 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Mephobarbital No.04-9178 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Meprobamate, No.4-9184 ...... Glass Ampule: 1ml ...... 05/21/80 Supelco, Inc...... Methadone No.04-9163 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Methamphetamine No.04-9168 ...... Ampule: 1ml ...... 12/22/72 Supelco, Inc...... Methaqualone, No.04-9183 ...... 1000 mcg /Glass Ampule ...... 06/05/75 Supelco, Inc...... Morphine No. 04-9160 ...... Glass Ampule: 1000mcg ...... 03/08/78 Supelco, Inc...... Pentobarbital No. 04-9179 ...... Glass Ampule: 1000mcg ...... 03/08/78 Supelco, Inc...... Phenobarbital No. 04-9181 ...... Glass Ampule: 1000mcg ...... 03/08/78 Supelco, Inc...... Psilocybin, No.04-9191 ...... 1000 mcg /Glass Ampule ...... 06/05/75 Supelco, Inc...... Secobarbital No. 04-9180 ...... Glass Ampule: 1000mcg ...... 03/08/78 Supelco, Inc...... alpha, alpha-Dimethylphenethylamine, Vial: 2ml ...... 08/31/94 Product ι 4-8377. Sure-Tech Diagnostic Associates, Inc...... 3, 4-Methylenedioxyamphetamine in Vial: 20ml ...... 04/24/92 Urine Matrix; Prod 928. Sure-Tech Diagnostic Associates, Inc...... 3, 4-Methylenedioxymethylamphetamine Vial: 20ml ...... 04/24/92 in Urine Matrix; Prod 929. Sure-Tech Diagnostic Associates, Inc...... Alprazolam in Urine Matrix; Prod. 920 ..... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Codeine in Urine Matrix; Prod 924 ...... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... D-Methamphetamine/D-Amphetamine in Vial: 20ml ...... 04/24/92 Urine Matrix; Prod 926. Sure-Tech Diagnostic Associates, Inc...... D-Propoxyphene in Urine Matrix; Prod Vial: 20ml ...... 04/24/92 936. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse Urine Control (Blind Vial: 4ml Kit: 1 vial ...... 05/11/90 Sample) Positive Amphetamine Kit No. ST 904, Vial No. 904-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse Urine Control (Blind Kit: 2 vials ...... 05/11/90 Sample) Positive Cocaine & Marijuana Kit No. ST 903. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16017

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse Urine Control (Blind Vial: 4ml Kit: 1 vial ...... 05/11/90 Sample) Positive Cocaine, Kit No. ST 901, Vial No. 901-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse Urine Control (Blind Vial: 4ml Kit: 1 vial ...... 05/11/90 Sample) Positive Marijuana, Kit No. ST 902, Vial No. 902-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse Urine Control (Blind Vial: 4ml Kit: 1 vial ...... 05/11/90 Sample) Positive Opiates Kit No. ST 905, Vial No. 905-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse Urine Control (Blind Vial: 4ml Kit: 1 vial ...... 05/11/90 Sample) Positive Phencyclidine Kit No. ST 906, Vial No. 906-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse: Urine Controls (Blind Vial: 20ml; Box: 1 vial ...... 09/13/90 Samples) positive Codeine No. 907-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse: Urine Controls (Blind Vial: 20ml; Box: 1 vial ...... 09/13/90 Samples) positive Methadone NNo. 908-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse: Urine Controls (Blind Vial: 20ml; Box: 1 vial ...... 09/13/90 Samples) positive Methamphetamine No. 909-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse: Urine Controls (Blind Vial: 20ml, Box: 1 vial ...... 09/13/90 Samples) positive Methaqualone No. 913-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse: Urine Controls (Blind Vial: 20ml, Box: 1 vial ...... 09/13/90 Samples) positive Oxazepam No. 910- P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse: Urine Controls (Blind Vial: 20ml, Box: 1 vial ...... 09/13/90 Samples) positive Propoxyphene No. 911-P. Sure-Tech Diagnostic Associates, Inc...... Drugs of Abuse: Urine Controls (Blind Vial: 20ml, Box: 1 vial ...... 09/13/90 Samples) positive Secobarbital No. 912-P. Sure-Tech Diagnostic Associates, Inc...... Meperidine in Urine Matrix; Prod 930 ...... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Methadone in Urine Matrix; Prod 925 ...... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Methaqualone in Urine Matrix; Prod 927 .. Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Morphine-3-Glucuronide in Urine Matrix; Vial: 20ml ...... 04/24/92 Prod 931. Sure-Tech Diagnostic Associates, Inc...... Nordiazepam in Urine Matrix; Prod 932 ... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Normeperidine in Urine Matrix; Prod 933 . Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Oxazepam in Urine Matrix; Prod 934 ...... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Phencyclidine in Urine Matrix; Prod 935 .. Vial: 20 ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Secobarbital in Urine Matrix; Prod 937 .... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Temazepam in Urine Matrix; Prod 938 .... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostic Associates, Inc...... Triazolam in Urine Matrix; Prod 939 ...... Vial: 20ml ...... 04/24/92 Sure-Tech Diagnostics Associates, Inc. .... 9-Carboxyl-11 Nor-A-9-THC in Urine MA- Vial: 20ml ...... 04/24/92 trix; Prod 923. Sure-Tech Diagnostics Associates, Inc. .... Benzoylecgonine in Urine Matrix; Prod Vial: 20ml ...... 04/24/92 922. Sure-Tech Diagnostics Associates, Inc. .... D-Amphetamine in Urine Matrix; Prod. Vial: 20ml ...... 04/24/92 921. Syva Co...... AccuLevel Phenobarbital Test Control Flask: 50ml ...... 10/31/85 Stock Solution. Syva Co...... AccuLevel Phenobarbital Test Kit (Cata- (1)Glass Vial: 6ml; (2)Glass Vial: 9ml, 12 01/24/86 log No.10C019) Contains: (1)AccuLevel Vials per test kit. Phenobarbital Control (2)AccuLevel Re- agent I. Syva Co...... Advance T-3 Uptake Assay ...... Kit: 100 tests ...... 05/11/82 Syva Co...... Advance Thyroxin Assay ...... Kit: 100 tests ...... 05/11/82 Syva Co...... Antiepileptic Drug Control ...... Vial: 10ml , Lyophilized ...... 08/27/74 Syva Co...... EMIT 2000 Phenobarbital Bulk Reagent 1 Bottle: 1000ml ...... 07/14/94 Syva Co...... EMIT 2000 Phenobarbital Bulk Reagent B Bottle: 200ml ...... 02/22/93 Syva Co...... EMIT 2000 Phenobarbital Calibrators 5, Bottle: 3ml ...... 07/14/94 10, 20, 40 and 80. Syva Co...... EMIT IIC Cannabinoid Assay ...... Kit: 2 Bottles ...... 12/15/93 Syva Co...... EMIT IIC Cannabinoid Assay Reagent 2 . Bottle: 500ml ...... 12/15/93 Syva Co...... EMIT IIC Phencyclidine Assay ...... Kit: 2 Bottles ...... 12/15/93 Syva Co...... EMIT IIC Phencyclidine Assay Reagent 2 Bottle: 500ml ...... 12/15/93 Syva Co...... EMIT Thyroxine Assay, Cat. No. 6J909 ... Glass Bottle: 4oz., Kit: 500 Assays ...... 01/23/89 Syva Co...... Emit 2000 Phenobarbital Assay (Conven- Kit: 1 cassette; Cassette: 11ml ...... 08/05/91 ience Pack). Syva Co...... Emit 2000 Phenobarbital Assay; Enzyme Kit: 1 bottle; Bottle: 15ml ...... 08/05/91 Reagent 2. 16018 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Syva Co...... Emit 2000 Phenobarbital Bulk Reagent ... Bottle: 200ml ...... 06/09/93 Syva Co...... Emit 2000 Phenobarbital Calibrators (5, Kit: 5 vials ...... 08/05/91 10, 20, 40, 80). Syva Co...... Emit 700 Amphetamine Assay Catalog Bottle: 180ml ...... 10/12/84 No. 3C919. Syva Co...... Emit 700 Barbiturate Assay Catalog Bottle: 180ml ...... 10/12/84 No.3D919. Syva Co...... Emit 700 Benzodiazepine Assay Reagent Glass Bottle: 180ml, Kit: 2 bottles ...... 02/21/89 2. Syva Co...... Emit 700 Calibrator A Catalog No. 3A919 Bottle: 3ml ...... 10/05/84 Syva Co...... Emit 700 Calibrator B Catalog No. 3A969 Bottle: 3ml ...... 10/05/84 Syva Co...... Emit 700 Cannabinoid (100) Assay Cata- Bottle: 180ml ...... 10/12/84 log No. 3M919. Syva Co...... Emit 700 Cannabinoid (100) Calibrator Bottle: 3ml ...... 10/09/84 Catalog No. 3M969. Syva Co...... Emit 700 Cannabinoid (20) Assay, Cata- Plastic Bottle: 180ml ...... 09/15/86 log No. 3M959. Syva Co...... Emit 700 Cannabinoid 100ng Assay, Bottle: 3ml ...... 07/31/89 Positive Control. Syva Co...... Emit 700 Cannabinoid 20ng Assay Cali- Glass Bottle: 5ml, Kit: 2 bottles ...... 02/21/89 brator. Syva Co...... Emit 700 Cannabinoid 20ng Assay Con- Glass Bottle: 5ml, Kit: 2 bottles ...... 02/21/89 trol Set-Positive Control. Syva Co...... Emit 700 Cannabinoid Control Set Cata- 2 Bottles: 3ml ...... 10/09/84 log No. 3M989. Syva Co...... Emit 700 Cocaine Metabolite Assay Cata- Bottle: 180ml ...... 10/12/84 log No. 3H919. Syva Co...... Emit 700 Control Set A Catalog No. 2 Bottles: 3ml ...... 10/09/84 3A939. Syva Co...... Emit 700 Control Set B Catalog No. 2 Bottles: 3ml ...... 10/09/84 3A989. Syva Co...... Emit 700 Methaqualone Assay Catalog Bottle: 180ml ...... 10/19/84 No. 3Q919. Syva Co...... Emit 700 Opiate Assay Catalog Bottle: 180ml ...... 10/12/84 No.3B919. Syva Co...... Emit 700 Phencyclidine Assay Catalog Bottle: 180ml ...... 10/12/84 No. 3J919. Syva Co...... Emit AED-No. 1 Calibrator ...... Vial: 3ml , Lyophilized ...... 08/27/74 Syva Co...... Emit AED-No. 2 Calibrator ...... Vial: 3ml , Lyophilized ...... 08/27/74 Syva Co...... Emit AED-No. 3 Calibrator ...... Vial: 3ml , Lyophilized ...... 08/27/74 Syva Co...... Emit AED-No. 4 Calibrator ...... Vial: 3ml , Lyophilized ...... 08/27/74 Syva Co...... Emit AED-No. 5 Calibrator ...... Vial: 3ml , Lyophilized ...... 08/27/74 Syva Co...... Emit Amphetamine Bulk Powder Reagent Bottle: 1000 ml ...... 10/04/89 2. Syva Co...... Emit Amphetamine Bulk Powder Reagent Bottle: 4 oz...... 04/20/90 2 Satellite. Syva Co...... Emit Amphetamine Bulk Reagent B ...... Glass bottle: 1000ml ...... 12/05/90 Syva Co...... Emit Barbiturate Bulk Powder Reagent 2 . Bottle: 1000 ml ...... 10/04/89 Syva Co...... Emit Barbiturate Bulk Powder Reagent 2 Bottle: 4 oz...... 04/20/90 Satellite. Syva Co...... Emit Barbiturate Bulk Reagent B ...... Glass Bottle: 1000ml ...... 12/05/90 Syva Co...... Emit Benzodiazepine Bulk Powder Rea- Bottle: 1000 ml ...... 10/04/89 gent 2. Syva Co...... Emit Benzodiazepine Bulk Powder Rea- Bottle: 4 oz...... 04/20/90 gent 2 Satellite. Syva Co...... Emit Benzodiazepine Bulk Reagent B ...... Glass Bottle: 1000ml ...... 12/05/90 Syva Co...... Emit Calibrator B Level 1 (cutoff) ...... Vial: 5ml, 25ml ...... 06/19/91 Syva Co...... Emit Calibrator B Level 2 (high) ...... Vial: 5ml, 25ml ...... 06/19/91 Syva Co...... Emit Cannabinoid (100) Bulk Powder Re- Bottle: 1000 ml ...... 10/04/89 agent 2. Syva Co...... Emit Cannabinoid (100) Bulk Powder Re- Bottle: 4 oz...... 04/20/90 agent 2 Satellite. Syva Co...... Emit Cannabinoid Bulk Reagent B ...... Glass bottle: 1000ml ...... 12/05/90 Syva Co...... Emit Cocaine Metabolite Bulk Powder Bottle: 1000 ml ...... 10/04/89 Reagent 2. Syva Co...... Emit Cocaine Metabolite Bulk Powder Bottle: 4 oz...... 04/20/90 Reagent 2 Satellite. Syva Co...... Emit Cocaine Metabolite Bulk Reagent B Glass Bottle: 1000ml ...... 12/05/90 Syva Co...... Emit Convenience Pack Phenobarbital Plastic Cassette: 100 tests ...... 11/23/87 Assay: Catalog No. 5D009. Syva Co...... Emit Convenience Pack: T-Uptake Assay Kit: 100 Tests Ea. Kit-Plastic Cassette: 16 05/09/88 (Thyroid Hormone Binding Ratio). ml. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16019

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Syva Co...... Emit Convenience Pack: Thyroxine Assay Plastic Cassette: 8ml, Kit: 100 Assays ..... 02/22/89 Enzyme Reagent B. Syva Co...... Emit Delta 9 Cannabinoid 100 ng/ml Cali- Vial: 3 ml ...... 08/22/89 brator/Control. Syva Co...... Emit Delta 9 Cannabinoid 20 ng/ml Cali- Vial: 3 ml ...... 08/22/89 brator/Control. Syva Co...... Emit Delta 9 Cannabinoid 400 ng/ml Cali- Vial: 3 ml ...... 08/22/89 brator/Control. Syva Co...... Emit Delta 9 Cannabinoid 50 ng/ml Cali- Vial: 3 ml ...... 08/22/89 brator/Control. Syva Co...... Emit HVA Amphetamine Assay Catalog Kit: 2500 Assays ...... 06/30/88 No. 3C619. Syva Co...... Emit HVA Barbiturate Assay Catalog No. Kit: 2500 Assays ...... 06/30/88 3D619. Syva Co...... Emit HVA Calibrator Kit Catalog No. Kit: 500 Tests Each Kit - 2 Glass Bottles 05/10/88 3A619. 100 ml.. Syva Co...... Emit HVA Cannabinoid 100 ng Assay Kit: 2 Bottles, 50 ml. ea...... 07/15/88 Control Kit, Catalog No. 3M739. Syva Co...... Emit HVA Cannabinoid 100 ng. Assay Kit: 3 Bottles 50 ml. ea...... 07/15/88 Calibrator Kit, Catalog No. 3M729. Syva Co...... Emit HVA Cannabinoid 100 ng. Assay Kit: 2500 Assays ...... 07/15/88 Kit, Catalog No. 3M719. Syva Co...... Emit HVA Cocaine Metabolite Assay Bottle: 125 ml ...... 05/10/88 Catalog No. 3H619. Syva Co...... Emit HVA Control Kit Catalog No. 3A629 Kit: 500 Tests Each Kit-2 Glass Bottles - 05/10/88 100 ml. Syva Co...... Emit HVA Opiate Assay Catalog No. Bottle: 125 ml ...... 05/10/88 3B619. Syva Co...... Emit HVA Phencyclidine Assay Catalog Bottle: 125 ml ...... 05/19/88 No. 3J619. Syva Co...... Emit II Barbiturate Assay ...... Kit: 100ml, 500ml Bottle: 4oz, 500ml ...... 06/29/90 Syva Co...... Emit II Calibrator A Level 1 (Cutoff) ...... Vial: 10ml, 50ml ...... 06/29/90 Syva Co...... Emit II Calibrator A Level 2 (high) ...... Vial: 10ml, 50ml ...... 06/29/90 Syva Co...... Emit II Cannabinoid 20ng, 50ng, 100ng Bottle: 4oz, 500ml; Kit: 100ml, 500ml ...... 10/12/90 Assay. Syva Co...... Emit II Cocaine Metabolite Assay ...... Kit: 100ml, 500ml Bottle: 4oz, 500ml ...... 06/29/90 Syva Co...... Emit II Delta 9 Cannabinoid 20ng/ml, Vial: 10ml, 50ml ...... 10/12/90 50ng/ml, 100ng/ml, 200ng/ml, Cali- brator/Control. Syva Co...... Emit II Methadone Assay ...... Kit: 2 vials ...... 01/26/93 Syva Co...... Emit II Methadone Assay Reagent 2 ...... Bottle: 100ml, 500ml ...... 01/26/93 Syva Co...... Emit II Methaqualone Assay ...... Kit: 2 vials ...... 01/26/93 Syva Co...... Emit II Methaqualone Assay Reagent 2 ... Bottle: 100ml, 500ml ...... 01/26/93 Syva Co...... Emit II Monoclonal Amphetamine/Meth- Kit: 2 vials ...... 01/26/93 amphetamine Assay. Syva Co...... Emit II Monoclonal Amphetamine/Meth- Vial: 100ml, 500ml ...... 01/26/93 amphetamine Assay Enzyme Reagent 2. Syva Co...... Emit II Opiate Assay ...... Kit: 100ml, 500ml Bottle: 4oz, 500ml ...... 06/29/90 Syva Co...... Emit II Phencyclidine Assay ...... Bottle: 4oz, 500ml; Kit: 100ml, 500ml ...... 10/26/90 Syva Co...... Emit IIC Barbiturate Assay ...... Kit: 2 Vials ...... 01/06/94 Syva Co...... Emit IIC Barbiturate Enzyme Reagent 2 .. Vial: 500ml ...... 01/06/94 Syva Co...... Emit IIC Calibrators 0, 1, 2, 3, 4, 5 ...... Vial: 10ml ...... 01/06/94 Syva Co...... Emit IIC Opiate Assay ...... Kit: 2 Vials ...... 01/06/94 Syva Co...... Emit IIC Opiate Enzyme Reagent 2 ...... Vial: 500ml ...... 01/06/94 Syva Co...... Emit Methadone Bulk Powder Reagent 2 Bottle: 1000 ml ...... 10/04/89 Syva Co...... Emit Methadone Bulk Powder Reagent 2 Bottle: 4 oz...... 04/20/90 Satellite. Syva Co...... Emit Methadone Bulk Reagent ...... Bottle: 1000ml ...... 06/07/93 Syva Co...... Emit Methaqualone Bulk Powder Reagent Bottle: 1000 ml ...... 10/04/89 2. Syva Co...... Emit Methaqualone Bulk Powder Reagent Bottle: 4 oz...... 04/20/90 2 Satellite. Syva Co...... Emit Opiate Bulk Powder Reagent 2 ...... Bottle: 1000 ml ...... 10/04/89 Syva Co...... Emit Opiate Bulk Powder Reagent 2 Sat- Bottle: 4 oz...... 04/20/90 ellite. Syva Co...... Emit Opiate Bulk Reagent B ...... Glass bottle: 1000ml ...... 12/05/90 Syva Co...... Emit Phencyclidine Bulk Powder Reagent Bottle: 1000 ml ...... 10/04/89 2. Syva Co...... Emit Phencyclidine Bulk Powder Reagent Bottle: 4 oz...... 04/20/90 2 Satellite. Syva Co...... Emit Phencyclidine Bulk Reagent B ...... Glass Bottle: 1000ml ...... 12/05/90 16020 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Syva Co...... Emit Phenobarbital Bulk Powder Reagent Bottle: 1000 ml ...... 10/04/89 B. Syva Co...... Emit Phenobarbital Bulk Powder Reagent Bottle: 4 oz...... 04/20/90 B Satellite. Syva Co...... Emit Phenobarbital Enzyme Reagent B ... Vial: 6 ml , Lyophilized ...... 08/27/74 Syva Co...... Emit Qst Phenobarbital Bulk Powder Re- Steel Drum: 7 gallon ...... 06/05/86 agent. Syva Co...... Emit Qst Primidone Assay Catalog No. Glass Vial: 6ml, 50 Vials/Kit ...... 11/12/85 60819. Syva Co...... Emit Serum Barbiturate-Enzyme Reagent Bottle: 3ml ...... 05/22/79 B. Syva Co...... Emit T-Uptake Assay ...... Bottle: 4 oz., 1L, Kit: 500 tests, 5000 05/25/89 tests. Syva Co...... Emit T-Uptake Assay (Thyroid Hormone Polyethylene Bottle: 4 oz...... 02/29/88 Binding Ratio) Catalog No. 6J519. Syva Co...... Emit T-Uptake Bulk Powder Reagent A ... Bottle: 1000 ml ...... 10/04/89 Syva Co...... Emit T-Uptake Bulk Powder Reagent A Bottle: 4 oz...... 04/20/90 Satellite. Syva Co...... Emit THC 50/100ng Assay ...... Kit; 2vials, 500ml each ...... 10/11/93 Syva Co...... Emit THC Calibrators; 0ng/mlk, 50ng/ml, Vial: 10ml ...... 10/11/93 100ng/ml, 200ng/ml. Syva Co...... Emit THC Controls; Levels I, II, III, IV ...... Vial: 10ml ...... 10/11/93 Syva Co...... Emit Thyroxine Assay ...... Glass Bottle: 8 oz., 1L, Kit: 1300 tests, 05/25/89 5000 tests. Syva Co...... Emit Thyroxine Bulk Powder Reagent B .. Bottle: 1000 ml ...... 10/04/89 Syva Co...... Emit Thyroxine Bulk Powder Reagent B Bottle: 4 oz...... 04/20/90 Satellite. Syva Co...... Emit Tox Serum Benzodiazepine Assay Bottle: 3ml ...... 02/01/79 Kit Containing: Emit Enzyme Reagent B. Syva Co...... Emit d.a.u. Amphetamine Assay Catalog Kit: 100 tests, 1000 tests ...... 09/27/84 Nos. 3C019, 3C119. Syva Co...... Emit d.a.u. Amphetamine Class Low Cali- Glass Vial: 5ml ...... 01/30/89 brator, Cat. No. 3C179. Syva Co...... Emit d.a.u. Amphetamine Class Medium Glass Vial: 5ml ...... 01/30/89 Calibrator, Cat. No. 3C189. Syva Co...... Emit d.a.u. Barbiturate Assay Catalog Kit: 100 tests, 1000 tests ...... 09/27/84 Nos. 3D019, 3D119. Syva Co...... Emit d.a.u. Benzodiazepine Assay Cata- Kit: 100 tests, 1000 tests ...... 09/27/84 log Nos. 3F019, 3F119. Syva Co...... Emit d.a.u. Cannabinoid 100 ng Assay, Kit: 1000 tests ...... 09/12/86 Catalog No. 3M119. Syva Co...... Emit d.a.u. Cannabinoid 100ng Assay Kit: 3 vials ...... 07/31/89 Calibrator. Syva Co...... Emit d.a.u. Cannabinoid 100ng Assay Vial: 3ml ...... 07/31/89 Low Calibrator. Syva Co...... Emit d.a.u. Cannabinoid 100ng Assay Vial: 3ml ...... 07/31/89 Medium Calibrator. Syva Co...... Emit d.a.u. Cannabinoid 20ng Assay Kit: 100 tests ...... 02/10/86 Catalog No. 3M619. Syva Co...... Emit d.a.u. Cannabinoid 20ng Enzyme Vial: 10ml Lyophilized Powder ...... 02/10/86 Reagent B. Syva Co...... Emit d.a.u. Cannabinoid 50 ng Assay Vial: 5 ml ...... 06/01/88 Calibrators, Low And Medium: Cat. No. 3M509. Syva Co...... Emit d.a.u. Cannabinoid 50 ng Assay: Kit: 100 tests ...... 06/01/88 Cat. No. 3M519. Syva Co...... Emit d.a.u. Cannabinoid Assay Catalog Kit: 100 tests ...... 09/24/84 No. 3M019. Syva Co...... Emit d.a.u. Cannabinoid Urine Calibrator Kit: 3 Vials, 3ml Each ...... 01/03/80 Set. Syva Co...... Emit d.a.u. Cocaine Metabolite Assay Kit: 100 tests, 1000 tests ...... 09/27/84 Catalog Nos. 3H019, 3H119. Syva Co...... Emit d.a.u. Low Calibrator A ...... Bottle: 5ml ...... 07/20/84 Syva Co...... Emit d.a.u. Low Calibrator A ...... Vial: 5 ml ...... 06/30/89 Syva Co...... Emit d.a.u. Low Calibrator A, Catalog No. 5 ml vial ...... 10/06/88 3C579. Syva Co...... Emit d.a.u. Low Calibrator B ...... Bottle: 5ml ...... 08/03/84 Syva Co...... Emit d.a.u. Medium Calibrator A ...... Bottle: 5ml ...... 07/20/84 Syva Co...... Emit d.a.u. Medium Calibrator A ...... Vial: 5 ml ...... 06/30/89 Syva Co...... Emit d.a.u. Medium Calibrator A, Catalog 5 ml vial ...... 10/06/88 No. 3C569. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16021

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Syva Co...... Emit d.a.u. Medium Calibrator B ...... Bottle: 5ml ...... 08/03/84 Syva Co...... Emit d.a.u. Methadone Assay Catalog Kit: 100 tests, 1000 tests ...... 10/05/84 Nos. 3E019, 3E119. Syva Co...... Emit d.a.u. Methaqualone Assay ...... Kit: 100 tests ...... 04/27/82 Syva Co...... Emit d.a.u. Monoclonal Amphetamine/ Kit: 100 tests, 1000 tests ...... 10/06/88 Methamphetamine Assay, Catalog No3C549 100 tests, 3C559 1000 tests. Syva Co...... Emit d.a.u. Opiate Assay Catalog Nos. Kit: 100 tests, 1000 tests ...... 09/27/84 3B019, 3B119. Syva Co...... Emit d.a.u. Phencyclidine Assay Kit Con- Bottle: 6ml ...... 02/01/79 taining: (1)Emit Phencyclidine Enzyme Reagent B. Syva Co...... Emit-Qst Phenobarbital Assay, Catalog Kit: 50 Vials ...... 01/18/84 Number 6D819. Syva Co...... Emit-Tox Serum Barbiturate Assay ...... Kit: 50 tests ...... 05/22/79 Syva Co...... Emit-Tox Serum Calibrators; Low and Bottle: 3ml ...... 02/01/79 Medium. Syva Co...... Emit-st Amphetamine Assay ...... Vial: 3ml, 80 vials/kit ...... 10/03/80 Syva Co...... Emit-st Barbiturate Assay ...... Vial: 3ml, 80 vials/kit ...... 10/03/80 Syva Co...... Emit-st Benzodiazepine Assay ...... Vial: 3ml, 80 vials/kit ...... 10/03/80 Syva Co...... Emit-st Cannabinoid Assay Catalog No. Vial: 6ml, 80 Vials/Kit ...... 09/27/84 3M319. Syva Co...... Emit-st Cannabinoid Calibrator ...... Vial: 3ml, 2 vials/kit ...... 07/10/81 Syva Co...... Emit-st Cannabinoid Controls ...... Vial: 3ml, 2 vials/kit ...... 07/10/81 Syva Co...... Emit-st Opiate Assay ...... Kit: 3ml, 80 vials/kit ...... 10/03/80 Syva Co...... Emit-st Phencyclidine Assay ...... Vial: 3ml, 80 vials/kit ...... 01/07/81 Syva Co...... Emit-st Serum Barbiturate Assay ...... Vial: 3ml, 80 vials/kit ...... 02/16/81 Syva Co...... Emit-st Serum Benzodiazepine Assay ..... Vial: 3ml, 80 vials/kit ...... 02/16/81 Syva Co...... Emit-st Serum Calibrator ...... Vial: 3ml ...... 02/16/81 Syva Co...... Emit-st Serum Controls ...... Vial: 3ml, 2 vials/kit ...... 02/16/81 Syva Co...... Emit-st Serum Phencyclidine Assay ...... Vial: 3ml, 80 vials/kit ...... 02/16/81 Syva Co...... Emit-st Urine Calibrator A ...... Vial: 1ml, 3 vials/kit ...... 10/03/80 Syva Co...... Emit-st Urine Cocaine Metabolite Assay .. Vial: 3 ml, 80 Vials/Kit ...... 03/16/82 Syva Co...... Emit-st Urine Controls A ...... Vial: 1ml, 6 vials/kit ...... 10/03/80 Syva Co...... Emit-st Urine Methadone Assay ...... Vial: 3ml , 80 vials/kit ...... 03/22/82 Syva Co...... Emit-st Urine Methaqualone Assay ...... Kit: 80 Vials ...... 04/27/82 Syva Co...... Emit-st Urine Methaqualone Calibrator .... Vial: 3ml ...... 04/27/82 Syva Co...... Emit-st Urine Methaqualone Controls ...... Vial: 3ml ...... 04/27/82 Syva Co...... IL test AED Calibrator 1 ...... Vial: 5 ml ...... 04/06/90 Syva Co...... IL test AED Calibrator 2 ...... Vial: 5ml ...... 04/06/90 Syva Co...... IL test AED Calibrator 3 ...... Vial: 5ml ...... 04/06/90 Syva Co...... IL test AED Calibrator 4 ...... Vial: 5ml ...... 04/06/90 Syva Co...... IL test AED Calibrator 5 ...... Vial: 5ml ...... 04/06/90 Syva Co...... IL test Cannabinoid 100ng, 400ng cali- Vial: 5ml ...... 04/06/90 brator. Syva Co...... IL test set A calibrator ...... Vial: 5ml ...... 04/06/90 Syva Co...... IL test set A control ...... Vial: 5ml ...... 04/06/90 Syva Co...... IL test set B calibrator ...... Vial: 5ml ...... 04/06/90 Syva Co...... IL test set B control ...... Vial: 5ml ...... 04/06/90 Syva Co...... Vista Thyroxine Uptake Reagent Car- Cartridge: 4ml ...... 01/22/93 tridge. Syva Co...... Vista Triiodothyronine (T3) Reagent Car- Cartridge: 2.02 ml ...... 09/11/92 tridge. Tempil Division. Big Three Industries, Inc. Tempilaq Striped Mylar ...... Plastic Sheet: 6 by 12 in. 50 sheets per 09/22/76 envelope. The Binding Site, Inc...... I.F.E. Buffer ...... Plastic Bottle: 125ml ...... 12/05/91 The Binding Site, Inc...... Immunofixation Kit ...... Kit: 125ml Plastic Bottle ...... 12/05/91 The Theta Corp...... Allobarbital No.FP305 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Amobarbital No. FP313 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Amphetamine No. FP604 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Anileridine No. FP203 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Aprobarbital No. FP306 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Barbital No.FP314 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Benzoylecgonine FP-1001 ...... Vial: 2 ml ...... 01/24/87 The Theta Corp...... Butabarbital No. FP315 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Butalbital No. FP307 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Chloral Betaine No. FP502 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Chloral Hydrate No. FP501 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Cocaine No. FP601 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Codeine No. FP102 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Cyclobarbital No. FP308 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Dihydrocodeine No. FP108 ...... Vial: 2ml ...... 04/10/73 16022 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

The Theta Corp...... Diphenoxylate No. FP205 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Ethchlorvynol No. FP508 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Ethylmorphine No. FP106 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... FP207 ...... Vial: 2ml ...... 09/04/80 The Theta Corp...... FP210 ...... Vial: 2ml ...... 05/15/84 The Theta Corp...... FP214 ...... Vial: 2ml ...... 04/10/84 The Theta Corp...... FP327 ...... Vial: 2ml ...... 04/10/84 The Theta Corp...... FP405 ...... Vial: 2ml ...... 03/08/79 The Theta Corp...... FP411 ...... Vial: 2ml ...... 05/15/84 The Theta Corp...... FP412 ...... Vial: 2ml ...... 05/15/84 The Theta Corp...... FP416 ...... Vial: 2ml ...... 05/15/84 The Theta Corp...... FP512 ...... Vial: 2ml ...... 03/08/79 The Theta Corp...... FP513 ...... Vial: 2ml ...... 03/08/79 The Theta Corp...... FP514 ...... Vial: 2ml ...... 05/15/84 The Theta Corp...... FP515 ...... Vial: 2ml ...... 03/08/79 The Theta Corp...... FP556 ...... Vial: 2ml ...... 04/10/84 The Theta Corp...... FP601A ...... Vial: 2ml ...... 05/15/84 The Theta Corp...... FP607 ...... Vial: 2ml ...... 05/15/84 The Theta Corp...... FP609 ...... Vial: 2ml ...... 05/15/84 The Theta Corp...... Fentanyl No. FP211 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Glutethimide No. FP404 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Heptabarbital No. FP309 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Hexabarbital No. FP303 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Hydrocodone No. FP107 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Hydromorphone No. FP103 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Levorphanol No. FP208 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Marker Mixture No. FPM-104 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Marker Mixture No. FPM-201 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Meperidine No.FP201 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Mephobarbital No. FP301 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Meprobamate No. FP402 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Methadone No. FP206 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Methamphetamine No. FP603 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Metharbital No. FP302 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Methohexital No. FP304 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Methylphenidate No. FP605 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Monthly Urine Test No. FPM-103 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Morphine No. FP101 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Oxycodone No. FP109 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Oxymorphone No. FP104 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Paraldehyde No.FP506 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Pentobarbital No. FP318 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Phenazocine No. FP213 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Phenmetrazine No. FP606 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Phenobarbital No. FP320 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Piminodine No. FP202 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Probarbital No. FP319 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Secobarbital No. FP310 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Talbutal No. FP311 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Test Mixture SM No. 1 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture SM No. 2 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture SM No. 3 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture SM No. 4 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture SP No. 1 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture SP No. 2 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture SP No. 3 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture SP No. 4 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture TM No. 1 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Test Mixture TM No. 2 ...... Vial: 2ml ...... 06/19/74 The Theta Corp...... Thiamylal No. FP322 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Thiopental No. FP321 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Vinbarbital No. FP312 ...... Vial: 2ml ...... 04/10/73 The Theta Corp...... Weekly Urine Test (FDA) No. FPM-101 ... Vial: 2ml ...... 04/10/73 The Theta Corp...... Weekly Urine Test (States) No. FPM-102 Vial: 2ml ...... 04/10/73 The Upjohn Company ...... DDHQ Spent Oxidant ...... Fiber Drum: 30 Gallons ...... 12/19/94 Toxi-Lab, Inc...... Proficiency Sample ...... Plastic Bottle Containing 40 ml ...... 06/22/82 Toxi-Lab, Inc...... Special Toxi-Discs ...... Plastic vial or bottle containing 50 stand- 03/30/77 ard discs. Toxi-Lab, Inc...... Supplemental Standard Toxi-Discs No. Plastic vial containing 50 standard discs .. 06/15/88 SD-4 Catalog No. 234. Toxi-Lab, Inc...... Supplemental Standard Toxi-Discs No. Plastic vial containing 50 standard discs .. 06/15/88 SD-5 Catalog No. 235. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16023

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Toxi-Lab, Inc...... Supplemental Standard Toxi-Discs No. Plastic vial containing 50 standard discs .. 06/15/88 SD-6 Catalog No. 236. Toxi-Lab, Inc...... Toxi-Control ...... Plastic Bottle Containing 50 ml ...... 03/30/77 Toxi-Lab, Inc...... Toxi-Control THC ...... Plastic Bottle Containing 50 ml ...... 10/05/83 Toxi-Lab, Inc...... Toxi-Disc A Series ...... Plastic vial containing 50 standard discs .. 05/06/75 Toxi-Lab, Inc...... Toxi-Disc B Series ...... Plastic vial containing 50 standard discs .. 05/06/75 Toxi-Lab, Inc...... Toxi-Discs Library II, No 3 Catalog No. Plastic vial containing 50 standard discs .. 06/15/88 131C. Toxi-Lab, Inc...... Toxi-Discs Library II, No. 1 Catalog No. Plastic vial containing 50 standard discs .. 06/15/88 131A. Toxi-Lab, Inc...... Toxi-Discs Library II, No. 10 Catalog No. Plastic vial containing 50 standard discs .. 06/15/88 131K. Toxi-Lab, Inc...... Toxi-Discs Library II, No. 11, Catalog No. Plastic visal containing 50 standard discs 06/15/88 131L. Toxi-Lab, Inc...... Toxi-Discs Library II, No. 12 Catalog No. plastic vial containing 50 standard discs .. 06/15/88 131M. Toxi-Lab, Inc...... Toxi-Discs Library II, No. 2 Catalog No. Plastic vial containing 50 standard discs .. 06/15/88 131B. Toxi-Lab, Inc...... Toxi-Discs Library II, No. 5 Catalog No. Plastic via containing 50 standard discs .. 06/15/88 131E. Toxi-Lab, Inc...... Toxi-Discs Library II, No. 8 Catalog No. Plastic vial containing 50 standard discs .. 06/15/88 131H. Toxi-Lab, Inc...... Toxi-Discs THC ...... Plastic vial containing 50 standard discs .. 10/05/83 Toxi-Lab, Inc...... Toxi-Grams ...... Glass Jar Containing 50 or 100 09/24/80 Chromatograms. Toxi-Lab, Inc...... Toxi-Lab Cannabinoid (THC) Screen ...... Kit: 50 tests ...... 10/05/83 Tudor Laboratories, Inc...... FPIA Phenobarbital Kit - Cat. No. 105 ..... Kit: 100 tests ...... 11/27/89 Tudor Laboratories, Inc...... Phenobarbital Calibrator Kit Cat. No. 205 Kit: 6 vials ...... 11/27/89 Tudor Laboratories, Inc...... Phenobarbital Calibrators B, C, D, E, F ... Vial: 4.0 ml ...... 11/27/89 Universal Reagents, Inc...... Drug Monitoring & Toxicology No. DM 90- Bottle: 10ml ...... 10/09/90 5, DM-62. Utak Laboratories ...... Toxicology Control-High Range Bottle: 10ml ...... 04/14/80 Anticonvulsants No. 71910. Utak Laboratories ...... Toxicology Control-High Range Barbitu- Bottle: 10ml ...... 04/14/80 rates No. 71916. Utak Laboratories ...... Toxicology Control-High Range Hypnotic Bottle: 10ml ...... 04/14/80 Plus Acetaminophem, No. 71918. Utak Laboratories ...... Toxicology Control-High Range Hypnotic Bottle: 10ml ...... 04/14/80 Plus Salicylate, No. 71920. Utak Laboratories ...... Toxicology Control-Mid Range Bottle: 10ml ...... 04/14/80 Anticonvulsants No. 71911. Utak Laboratories ...... Toxicology Control-Mid Range Barbitu- Bottle: 10ml ...... 04/14/80 rates No. 71917. Utak Laboratories ...... Toxicology Control-Mid Range Hypnotic Bottle: 10ml ...... 04/14/80 Plus Acetaminophem, No. 71919. Utak Laboratories ...... Toxicology Control-Mid Range Hypnotic Bottle: 10ml ...... 04/14/80 Plus Salicylate, No. 71921. Utak Laboratories ...... Toxicology Serum Control-Dried ι88112 .. Bottle: 10ml ...... 07/29/82 Utak Laboratories ...... Toxicology Serum Control-Dried ι88113 .. Bottle: 10ml ...... 07/29/82 Utak Laboratories ...... Toxicology Serum Control-Dried ι88120 .. Bottle: 10ml ...... 07/29/82 Utak Laboratories ...... Toxicology Serum Control-Dried Catalog In Bottles ...... 05/24/76 Nos. 44610, 44612, 44632, 44635, 44636, 44637, 44642, 44645, 44646, 44647, 44658.. Utak Laboratories ...... Toxicology Urine Control-Dried ι88100 .... Bottle: 20ml ...... 07/29/82 Utak Laboratories ...... Toxicology Urine Control-Dried ι88121 .... Bottle: 10ml ...... 07/29/82 Utak Laboratories ...... Toxicology Urine Control-Dried Catalog Bottle: 1 oz...... 05/24/76 Nos. 44650, 44651, 44652, 44653. Ventrex Laboratories, Inc...... PTH Antiserum ...... Vial: 5ml ...... 04/12/90 Ventrex Laboratories, Inc...... PTH Assay Buffer ...... Vial: 10ml ...... 04/12/90 Ventrex Laboratories, Inc...... PTH Omega Radioimmunoassay Kit ...... Kit: 60 tests ...... 04/12/90 Ventrex Laboratories, Inc...... PTH Second Antibody ...... Vial: 10ml ...... 04/12/90 Ventrex Laboratories, Inc...... PTH Tracer Buffer ...... Vial: 5 ml ...... 04/12/90 Wien Laboratories, Inc...... 3H Dihydrotestosterone Cat. No. D-1916 . Vial: 5.5ml ...... 02/21/91 Wien Laboratories, Inc...... 3H Epi-Testosterone Cat. No. T-1028 ...... Vial: 5.5ml ...... 02/21/91 Wien Laboratories, Inc...... 3H Testosterone Cat. No. T-3027 ...... Vial: 5.5ml ...... 02/21/91 Wien Laboratories, Inc...... ANS Buffer pH 8.6 Catalog No. T-5144 ... Plastic Bottle: 100ml ...... 05/14/75 Wien Laboratories, Inc...... Buffer Reagent pH 8.6 Catalog No. T- Bottle: 4oz...... 12/22/72 5065. Wien Laboratories, Inc...... Coated Charcoal Suspension No. T-5077 Bottle: 4oz...... 12/22/72 Wien Laboratories, Inc...... Dihydrotestosterone Standard 1ng/ml Cat. Vial: 5.5ml ...... 02/21/91 No. D-1928. 16024 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

EXEMPT CHEMICAL PREPARATIONSÐContinued

Supplier Product name Form Date

Wien Laboratories, Inc...... Epi-Testosterone Standard, 10ng/ml Cat. Vial: 5.5ml ...... 02/21/91 No. T-1016. Wien Laboratories, Inc...... Epi-Testosterone Test Set Cat. No. TS- Kit: 2 Bottles ...... 02/21/91 1010. Wien Laboratories, Inc...... Methamphetamine: HRP EIA Conjugate .. Vial: 5ml, 10ml ...... 06/25/90 Wien Laboratories, Inc...... T3 Buffer Reagent Catalog No. T-5156 ... Plastic Vial: 20ml ...... 09/13/78 Wien Laboratories, Inc...... Testosterone Standard, 10ng/ml Cat. No. Vial: 5.5ml ...... 02/21/91 T-3039. Wien Laboratories, Inc...... Testosterone Test Set Cat. No. TS-333 ... Kit: 2 Bottles ...... 02/21/91 Windsor Laboratories, Inc...... Calibrators FPR Phenobarbital ...... Kit: 6 Vials ...... 10/30/86 Windsor Laboratories, Inc...... Phenobarbital Fluorescence Polarization Kit: 100 tests ...... 11/20/86 Immunoassay Kit.

[FR Doc. 95–7466 Filed 3–27–95; 8:45 am] BILLING CODE 4410±09±F federal register March 28,1995 Tuesday Participants; ProposedRule Single EmployerPlans:DisclosureTo 29 CFRPart2627 Corporation Guaranty Pension Benefit Part III 16025 16026 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

PENSION BENEFIT GUARANTY available until after the end of the plan requirements for a pre-1995 plan year if CORPORATION year, § 2627.3(a) provides that the plan the ratio of the plan’s assets (without administrator may determine whether a subtracting any credit balance under 29 CFR Part 2627 Participant Notice is required for a plan section 302(b)) to its current liability year by applying the DRC Exception (using the highest allowable interest rate RIN 1212±AA77 Test to that plan year or the prior plan under section 302(d)(7)(C)) for that plan Disclosure to Participants year. year was at least 90 percent. Third, § 2627.5(b)(3) provides a 1994 Plan Year AGENCY: Pension Benefit Guaranty special rule that a small plan may use Corporation. A plan administrator may test to adjust its current liability to reflect ACTION: Proposed rule. whether a Participant Notice is required the difference between the top interest for the 1995 plan year by applying the rate in the permissible interest rate SUMMARY: The Pension Benefit Guaranty DRC Exception Test to the 1994 plan corridor for the plan year and the Corporation is proposing regulations to year. Because the exemption from the interest rate the plan used. A small plan implement a new notice requirement DRC under section 302(d)(9) applies that chooses not to recalculate its under section 4011 of the Employee only to post-1994 plan years, current liability using the higher interest Retirement Income Security Act of 1974. § 2627.3(b)(2) includes a rule for rate may adjust its current liability by Section 4011 requires plan determining whether a plan meets the decreasing the current liability by one administrators of certain underfunded DRC Exception Test for the 1994 plan percent for each tenth of a percentage plans to provide notice to plan year: the plan must satisfy any point by which the top interest rate in participants and beneficiaries of the requirement in section 302(d)(9)(D)(i) the permissible corridor exceeds the plan’s funding status and the limits on for any two of the plan years beginning interest rate the plan used. the PBGC’s guarantee. in 1992, 1993, and 1994. For example, assume that a small DATES: plan’s current liability as of January 1, Comments must be received on Special Relief Rules for Small Plans or before April 27, 1995. 1996, is $200,000, based on an interest ADDRESSES: Comments may be mailed to 1995 Exemption rate of 7.43 percent. Assume further that the Office of the General Counsel, A plan that is exempt from the DRC the top rate in the corridor for the 1996 Pension Benefit Guaranty Corporation, for either the 1994 or 1995 plan year plan year is 8.17 percent. Because 8.17 1200 K Street, NW., Washington, DC because it is a ‘‘small plan’’ under exceeds 7.43 by 0.74, the current 20005–4026, or delivered to Suite 340 at section 302(d)(6)(A) (100 or fewer liability could be reduced by 7.4 percent the above address. Comments will be participants) does not have to give the to $185,200 (92.6 percent of $200,000). available for public inspection at the Participant Notice for the 1995 plan year New Plans PBGC’s Communications and Public (§ 2627.5(a)). Affairs Department, Suite 240. Section 2627.4 exempts new and Small Plan DRC Exception Test newly-covered plans from the FOR FURTHER INFORMATION CONTACT: Participant Notice requirement for their For a post-1995 plan year, a plan is Harold J. Ashner, Assistant General first plan year of coverage by the PBGC not exempt from the Participant Notice Counsel, or Catherine B. Klion, insurance system. Attorney, Office of the General Counsel, requirement solely because it is a small PBGC, 1200 K Street, NW., Washington, plan. Like all plans, a small plan is Mergers, Consolidations, and Spinoffs DC 20005–4026, 202–326–4024 (202– exempt for a post-1995 plan year if it The PBGC invites comments on how 326–4179 for TTY and TDD). meets the DRC Exception Test for that to address DRC testing and other related SUPPLEMENTARY INFORMATION: On plan year or the prior plan year. Because issues where a plan has been involved December 8, 1994, section 775 of the small plans do not ordinarily perform in a merger, consolidation, or spinoff Retirement Protection Act of 1994 the calculations necessary to determine since the prior plan year. (subtitle F of title VII of the Uruguay whether they are exempt from the DRC Round Agreements Act, Pub. L. No. requirement, the proposed regulation Persons Entitled to Receive Notice 103–465, 108 Stat. 4809 (1994)) added provides several optional simplified Section 2627.6 requires that the section 4011 to ERISA. Under section rules that small plans may use in Participant Notice be issued to 4011, a plan subject to the variable rate applying the DRC Exception Test. participants, beneficiaries, alternate premium under section 4006(a)(3)(E) First, § 2627.5(b)(1) provides that for payees, and any employee organization must provide a notice (the ‘‘Participant purposes of applying the DRC Exception that represents participants for purposes Notice’’) unless the plan meets one of Test, a small plan may determine its of collective bargaining. Plan the exemptions discussed below. funded current liability percentage administrators may select, as the date (under section 302(d)(9)(C)) by using the for determining who is entitled to DRC Exception Test beginning-of-plan-year market value of receive the Participant Notice for a plan A plan does not have to provide the assets and the beginning-of-plan-year year, any date between the last day of Participant Notice for a plan year if it current liability for total benefits that it the prior plan year and the day on meets the DRC Exception Test in reports on Schedule B to Form 5500 which the Participant Notice is due. A § 2627.3(b) for that plan year or the prior (e.g., on the 1994 form, line 6c and plan administrator may select the same plan year. In general, a plan passes that column (3) of line 6d(iv)). or a different date for each plan year, as test if it is exempt from making a deficit Second, § 2627.5(b)(2) includes a long as a change in dates between plan reduction contribution (‘‘DRC’’) by special rule for determining whether a years does not exclude a substantial reason of section 302(d)(9) of ERISA. small plan satisfies the requirements of number of participants and section 302(d)(9)(D)(i) for a pre-1995 beneficiaries. Prior Plan Year Option plan year. (This rule only affects The Participant Notice for a plan year Participant Notices for 1996, 1997, and Time Limit for Issuing Notice must be provided during that plan year. 1998 plan years.) Under this special Under § 2627.7, the plan Because in many cases the DRC is not rule, a small plan satisfies those administrator must provide the Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 16027

Participant Notice for a plan year no percentage,’’ as that term is defined in Penalties for Non-Compliance later than two months after the section 302(d)(9)(C) of ERISA (i.e., Failure to issue a Participant Notice in deadline, including extensions, for assets are not reduced by any credit accordance with the requirements of filing the annual report (Form 5500 balance and the highest allowable this part would constitute a violation of series) for the prior plan year (see 29 interest rate is used). This is the same title IV of ERISA. The PBGC may CFR 2520.104a–5(a)(2)). This is also the percentage that is used to determine remedy violations of notification time limit for furnishing the summary whether the Participant Notice is requirements by assessing a penalty annual report for the prior plan year (see required. The Participant Notice may under section 4071. Section 4071 29 CFR 2520.104b–10(c)). Section include the Notice Funding Percentage authorizes the agency to assess a 2627.7 allows the PBGC to extend the for either the plan year for which the penalty, payable to the PBGC, against a time limit for issuing the Participant Participant Notice is issued or for the plan administrator who fails, within the Notice when the President of the United prior plan year. A small plan may specified time limit, to provide any States declares that a major disaster determine its funded current liability Participant Notice, or who omits exists. percentage for a plan year using the material information from a Participant simplified rules in the Small Plan DRC Manner of Issuing Notice Notice. (The penalty may not exceed Exception Test. Section 2627.8 requires plan A plan’s funded current liability $1,000 for each day for which the failure administrators to issue the Participant percentage will not necessarily reflect continues.) Notice in a manner reasonably the plan’s funding level if the plan were If a plan administrator issues a calculated to ensure actual receipt. to terminate. Different actuarial Participant Notice for the 1995 plan year Methods acceptable for furnishing the assumptions are used to calculate that meets the requirements of this summary annual report are acceptable; current liability and termination proposed rule, the PBGC will not assess plan administrators may not merely post liability. In addition, the PBGC’s section 4071 penalties based on a failure the Participant Notice at worksite experience is that a plan’s funding level to comply with any different locations. often drops just prior to termination. In requirements of a final rule The plan administrator may issue the the interest of consistency and implementing section 4011. Participant Notice for a plan year administrative simplicity, the PBGC Effective Date together with another document, such proposes to base the Notice Funding The Participant Notice requirement as the summary annual report for the Percentage on the plan’s funded current applies for plan years beginning on or prior plan year, so long as the liability percentage. Participant Notice is in a separate after January 1, 1995. Model Notice document. E.O. 12866 and the Regulatory The Appendix includes a Model Content of Notice Flexibility Act Participant Notice as an example of a Section 2627.9 requires that the Participant Notice that meets the The PBGC has determined that this Participant Notice include (1) certain requirements of the proposed rule. action is not a ‘‘significant regulatory identifying information, (2) information action’’ under the criteria set forth in on the plan’s funding status (the ‘‘Notice Foreign Language Requirements Executive Order 12866. The provisions Funding Percentage,’’ a statement that As in the case of the summary annual in this proposed rule will implement the funding level may be substantially report (29 CFR 2520.104b–10(e)), when policy decisions made by Congress in lower if the plan terminates, specified numbers or percentages of imposing a participant notice identification of any plan years during participants are literate only in the same requirement. They reflect the PBGC’s the five immediately preceding plan non-English language, the plan interpretation of the statutory standards years for which the IRS granted a administrator is required to provide and prescribe the time, form, and minimum funding waiver, and them with a Participant Notice that manner of issuance of the required identification of any plan years for prominently displays a legend, in their notice. which the plan has not received the common foreign language, offering them Under section 605(b) of the minimum contribution required under assistance in that language. Regulatory Flexibility Act, the PBGC section 302 of ERISA), and (3) certifies that, if adopted, this proposed Relationship to 70 Percent Disclosure information on the PBGC’s guarantee rule will not have a significant Requirement (the nature of the guarantee, a summary economic impact on a substantial of the types of benefits that are not The plan administrator of a plan that number of small entities. Accordingly, guaranteed, and the limitations on the is less than 70 percent funded must as provided in section 605 of the guarantee, e.g., the maximum benefit disclose the plan’s funding percentage Regulatory Flexibility Act (5 U.S.C. 601, guaranteed). Participants must be in the annual report and the summary et seq.), sections 603 and 604 do not informed that they can obtain additional annual report (sections 103(d)(11) and apply. information on the guarantee by 104(b)(3) of ERISA). The Department of Small plans are exempt from the requesting a PBGC booklet from Box Labor has advised the PBGC that if a Participant Notice requirement for the YGP, Pueblo, Colorado 81009, and plan administrator provides the 1995 plan year. For subsequent plan advised of the current price of the Participant Notice under section 4011, years, neither the cost of determining booklet. (The booklet will be available the Department of Labor will treat the whether a plan is subject to the for $1.25 beginning January 1, 1996. The plan administrator as having complied Participant Notice requirement nor the PBGC anticipates that it will provide with the requirement to disclose the cost of preparing and issuing the information on any future price plan’s funding percentage (for the prior Participant Notice is expected to be increases.) plan year) in the summary annual significant for a substantial number of report. (The plan administrator still will small entities. The proposed regulation Notice Funding Percentage be required to disclose the plan’s contains special rules designed to The Notice Funding Percentage is the funding percentage in the annual simplify the Participant Notice plan’s ‘‘funded current liability report.) requirement for small plans. 16028 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

List of Subjects—29 CFR Part 2627 section 302(d)(9), without regard to the requirements of section 302(d) of the Employee benefit plans, Pension small plan exemption in section Act for a pre-1995 plan year by reason insurance, Pensions. 302(d)(6)(A). of section 302(d)(6)(A) satisfies the (2) 1994 plan year. A plan satisfies the requirements of section 302(d)(9)(D)(i) For the reasons set forth above, the DRC Exception Test for the 1994 plan for that pre-1995 plan year if the ratio PBGC proposes to amend subchapter C, year if, for any two of the plan years of its assets to its current liability for chapter XXVI of 29 CFR by adding a beginning in 1992, 1993, and 1994 that plan year is at least 90 percent. For new part 2627 to read as follows: (whether or not consecutive), the plan this purpose, the plan’s assets are PART 2627ÐDISCLOSURE TO satisfies any requirement of section valued without subtracting any credit PARTICIPANTS 302(d)(9)(D)(i) of the Act. balance under section 302(b) of the Act, (c) Penalties for non-compliance. If a and its current liability is determined Sec. plan administrator fails to provide a using the highest interest rate allowable 2627.1 Purpose and scope. Participant Notice within the specified for the plan year under section 2627.2 Definitions. time limit or omits material information 302(d)(7)(C). 2627.3 Notice requirement. from a Participant Notice, the PBGC (3) Interest rate adjustment. If the 2627.4 Exemption for new and newly- may assess a penalty under section 4071 interest rate used to calculate current covered plans. of the Act of up to $1,000 a day for each 2627.5 Small plan rules. liability for a plan year is less than the 2627.6 Persons entitled to notice. day that the failure continues. highest rate allowable for the plan year 2627.7 Time of notice. under section 302(d)(7)(C) of the Act, § 2627.4 Exemption for new and newly- the current liability may be reduced by 2627.8 Manner of issuance of notice. covered plans. 2627.9 Form of notice. one percent for each tenth of a Appendix to part 2627 A plan (other than a plan resulting percentage point by which the highest Authority: 29 U.S.C. 1302(b)(3), 1311. from a consolidation or spinoff) is rate exceeds the rate so used. exempt from the requirement to provide § 2627.1 Purpose and scope. a Participant Notice for the first plan § 2627.6 Persons entitled to receive notice. (a) Purpose. This part prescribes rules year for which the plan must pay The plan administrator must provide and procedures for complying with the premiums under part 2610 of this the Participant Notice to each person requirements of section 4011 of the Act. chapter. who is a participant, a beneficiary of a deceased participant, an alternate payee (b) Scope. This part applies for any § 2627.5 Small plan rules. plan year beginning on or after January (as defined in section 206(d)(3)(K) of the 1, 1995, with respect to any single- (a) 1995 plan year exemption. A plan Act), or an employee organization that employer plan that is covered by section that is exempt from the requirements of represents any group of participants for 4021 of the Act. section 302(d) of the Act for the 1994 or purposes of collective bargaining. To 1995 plan year by reason of section determine who is a person that must § 2627.2 Definitions. 302(d)(6)(A) is exempt from the receive the Participant Notice, the plan For purposes of this part: Participant Notice requirement for the administrator may select any date Act means the Employee Retirement 1995 plan year. during the period beginning with the Income Security Act of 1974, as (b) Small Plan DRC Exception Test. In last day of the previous plan year and amended. determining whether the Participant ending with the day on which the Participant has the meaning in Notice requirement applies for a plan Participant Notice for the plan year is § 2617.2 of this chapter. year beginning after 1995, the plan due, provided that a change in the date Participant Notice means the notice administrator of a plan that is exempt from one plan year to the next does not required pursuant to section 4011 of the from the requirements of section 302(d) exclude a substantial number of Act and this part. of the Act by reason of section participants and beneficiaries. Plan administrator means the 302(d)(6)(A) for the plan year being administrator, as defined in section tested may use any one or more of the § 2627.7 Time of notice. 4001(a)(1) of the Act. following rules in determining whether The Participant Notice for a plan year the plan meets the DRC Exception Test must be issued no later than two months § 2627.3 Notice requirement. for that plan year: after the deadline for filing the annual (a) General. Except as provided in (1) Use of Schedule B data. For any report for the previous plan year (see §§ 2627.4 and 2627.5(a), a plan is plan year for which the plan is exempt § 2520.104a–5(a)(2) of this title). When subject to the Participant Notice from the requirements of section 302(d) the President of the United States requirement for a plan year if— of the Act by reason of section declares that, under the Disaster Relief (1) A variable rate premium is payable 302(d)(6)(A), provided both of the Act of 1974, as amended (42 U.S.C. for the plan under section 4006(a)(3)(E) following adjustments are made— 5121, 5122(2), 5141(b)), a major disaster of the Act and part 2610 of this chapter (i) The market value of the plan’s exists, the PBGC may extend the due for that plan year; and assets as of the beginning of the plan date for providing the Participant Notice (2) The plan does not meet the Deficit year (as required to be reported on Form by up to 180 days. Reduction Contribution (‘‘DRC’’) 5500, Schedule B) may be substituted Exception Test in paragraph (b) of this for the actuarial value of the plan’s § 2627.8 Manner of issuance of notice. section (which may be applied using the assets as of the valuation date; and The Participant Notice shall be issued Small Plan DRC Exception Test rules in (ii) The plan’s current liability for all by using measures reasonably calculated § 2627.5(b), where applicable) for that participants’ total benefits as of the to ensure actual receipt by the persons plan year or for the prior plan year. beginning of the plan year (as required entitled to receive it. It may be issued (b) DRC Exception Test. (1) Basic rule. to be reported on Form 5500, Schedule together with another dcoument, such A plan meets the DRC Exception Test B) may be substituted for the plan’s as the summary annual report required for a plan year if it is exempt from the current liability as of the valuation date. under section 104(b)(3) of the Act for requirements of section 302(d) of the (2) Pre-1995 plan year 90 percent test. the prior plan year, but must be in a Act for that plan year by reason of A plan that is exempt from the separate document. Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 16029

§ 2627.9 Form of notice. that plan year using the Small Plan DRC hardship, the Internal Revenue Service may (a) General. The Participant Notice Exception Test rules in § 2627.5(b). grant a funding waiver that permits the shall be written in a manner calculated (d) Additional information. The plan company to delay contributions that fund the to be understood by the average plan administrator may include in the pension plan. participant and not to mislead Participant Notice a statement that a (Include the following sentence only if the recipients. The Model Participant plan’s underfunding will not necessarily plan has not received a minimum Notice in the Appendix of this part lead to its termination and that the risk contribution required from the employer.) (when properly completed) is an of benefit loss in the event of its Your plan has not received the minimum example of a Participant Notice meeting termination depends on its funding contribution required from the employer for the requirements of this section. level and the financial condition of the [LIST APPLICABLE PLAN YEARS]. (b) Content. The Participant Notice companies responsible for its funding. PBGC Guarantees shall include— The plan administrator may include in The fact that a plan is underfunded does (1) Identifying information (the name the Participant Notice any other not mean that it will terminate. If this does of the plan and the contributing information not required by paragraph occur, the PBGC guarantees all pension sponsor, the employer identification (b) of this section only if it is in a benefits for most people. However, some number of the contributing sponsor, the separate document. people may lose some benefits. plan number, the plan year for which (e) Foreign languages. In the case of The PBGC pays pension benefits, up to the notice is given, and the name, a plan that (as of the date selected under certain maximum limits. address, and telephone number of the § 2627.6) covers the numbers or • The maximum guaranteed benefit is plan administrator and of the percentages specified in § 2520.104b– [INSERT FROM TABLE] per month or individual(s) who can answer questions 10(e) of this title of participants literate [INSERT FROM TABLE] per year for a 65- about the plan’s funding); only in the same non-English language, year-old person in a plan that terminates in (2) The Notice Funding Percentage for the plan administrator shall provide [INSERT APPLICABLE YEAR]. • The maximum benefit may be reduced the plan year, determined in accordance those participants an English-language for an individual who is younger than age 65. with paragraph (c) of this section; Participant Notice that prominently For example, it is [INSERT FROM TABLE] (3) A statement that the funding level displays a legend, in their common non- per month or [INSERT FROM TABLE] per of the plan may be substantially lower English language, offering them year for an individual who starts receiving if the plan terminates; assistance in that language, and clearly benefits at age 55. (4) If the plan has been granted a setting forth any procedures participants • The maximum benefit will also be minimum funding waiver under section must follow to obtain such assistance. reduced when a benefit is provided for a 303 of the Act for any of the five plan survivor. years immediately preceding the plan Appendix to Part 2627 The PBGC does not guarantee certain types year and the amortization base Paragraph A is an example of a of benefits. established as a result thereof has not Participant Notice that satisfies the • The PBGC does not guarantee benefits (as of the end of the prior plan year) requirements of § 2627.9 when the for which you do not have a vested right been reduced to zero, a statement required information is filled in (subject when a plan terminates, usually because you identifying each such plan year and an to §§ 2627.9(d)–(e), where applicable). have not worked enough years for the company. explanation of a minimum funding Paragraph B is a table of maximum • waiver; guaranteed benefits (which the PBGC Benefit increases and new benefits that (5) If the plan has not received the will update yearly). have been in place for less than a year are not guaranteed. Those that have been in minimum contribution required under A. Model Participant Notice place for less than 5 years are only partly section 302 of the Act for any prior plan guaranteed. Notice to Participants of [Plan Name, year, a statement identifying each such • Early retirement payments that are plan year; EIN, PN] Sponsored by [Contributing greater than payments at normal retirement (6) A summary of plan benefits Sponsors] [Plan Year 19XX] age may not be guaranteed. For example, a guaranteed by the PBGC, with an We are required by law to provide you supplemental benefit that stops when you explanation of the limitations on such with information on the funding level of become eligible for Social Security may not guarantee; and your defined benefit pension plan and be guaranteed. (7) A statement that further the benefits guaranteed by the Pension • Benefits other than pension benefits, information about the PBGC’s guarantee Benefit Guaranty Corporation (PBGC), a such as health insurance, life insurance, may be obtained by requesting the U.S. government agency. death benefits, vacation pay, or severance booklet ‘‘Your Guaranteed Pension’’ pay are not guaranteed. Your Plan’s Funding • from Box YGP, Pueblo, Colorado 81009, The PBGC does not pay lump sums Your plan has [INSERT NOTICE FUNDING exceeding $3,500. along with the current price of the PERCENTAGE] percent of the funds needed booklet. for benefits promised to employees and Where To Get More Information (c) Notice Funding Percentage. retirees. Experience has shown that the Your plan administrator is [Name], [Title], (1) General Rule. The Notice Funding funding level may be substantially lower if at [Business Address and Phone Number]. If Percentage that must be included in the the plan terminates. you would like more information about the Participant Notice for a plan year is the A plan’s funding and the financial funding of your plan, contact [Name], [Title], ‘‘funded current liability percentage’’ (as condition of a company must be considered at [Business Address and Phone Number]. when determining the potential risk of For more information about PBGC and the that term is defined in section benefit loss. 302(d)(9)(C) of the Act) for that plan benefits it guarantees, you may request a (Include the following paragraph only if the year or the prior plan year. copy of ‘‘Your Guaranteed Pension’’ for $1.25 plan has been granted a funding waiver in by writing to Box YGP, Pueblo, Colorado (2) Small plans. A plan that is exempt any of the previous five plan years.) from the requirements of section 302(d) 81009. [‘‘Your Guaranteed Pension’’ will not Your plan received a funding waiver for be available until January 1, 1996.] of the Act for a plan year by reason of [List any of the five previous plan years for section 302(d)(6)(A) may determine its which a funding waiver was granted]. If a B. Table of Maximum Guaranteed funded current liability percentage for company is experiencing temporary financial Benefits 16030 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

The maximum guaranteed benefit for an individual starting to receive benefits at the age listed below is the amount (monthly or annual) listed below: If a plan terminates inÐ Age 65 Age 55 Monthly Annual Monthly Annual

1995 ...... $2,573.86 $30,886.32 $1,158.24 $13,898.88

Issued in Washington, DC, this 20th day of March 1995. Martin Slate, Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. 95–7548 Filed 3–27–95; 8:45 am] BILLING CODE 7708±01±P federal register March 28,1995 Tuesday Notice Redelegation ofAuthority;FinalRuleand Single FamilyMortgageLimits: 24 CFRPart203 Development Housing andUrban Department of Part IV 16031 16032 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

DEPARTMENT OF HOUSING AND but those changes cannot be announced seeking a change in the mortgage limit URBAN DEVELOPMENT without approval by the Commissioner. (typically a mortgagee or an HUD has recently been reorganized to organization of mortgagees or real estate Office of the Assistant Secretary for provide more direct authority to its local professionals) must collect and submit HousingÐFederal Housing offices regarding operation of its data showing the actual sales prices for Commissioner programs. Regulations that reserve to all new and existing homes in the area Headquarters functions that are locally- over a period of time that varies with 24 CFR Part 203 based, such as the determination of the number of sales involved. This data [Docket No. R±95±1778; FR±3866±F±01] median house prices in an area, are goes to the local office, which submits inconsistent with the new emphasis on a recommendation based on the data to RIN 2502±AG47 empowerment of local offices. the Commissioner for a final Single Family Mortgage Limits: HUD is taking two actions to determination. Once the Commissioner approves a change in the mortgage limit Redelegation of Authority; Final Rule recognize the reorganization and to facilitate the timely adjustment of area for an area based on the change in AGENCY: Office of the Assistant mortgage limits in response to median house price, the new mortgage Secretary for Housing—Federal Housing increases 1 in median area house prices. limit can be made effective through an Commissioner, HUD. First, HUD is amending two provisions administrative announcement to ACTION: Final rule. in the current regulations (24 CFR affected mortgagees in advance of being 203.18(h) and 203.18b(b)(2)) to provide included in a Federal Register notice. SUMMARY: This final rule amends HUD’s greater administrative flexibility Under this final rule, the local appeals Single Family Mortgage Insurance regarding the determination and approach will serve as the usual method regulations to recognize the redelegation announcement of mortgage limits based leading to mortgage limit increases, of the authority to increase Federal on median area house prices. Second, except that local offices may also take Housing Administration (FHA) single HUD is preparing a formal delegation of the initiative in generating submissions family maximum mortgage limits and authority to identify specified officials of actual sales price data to compensate designate high cost areas. The FHA in the local offices who are authorized for the lack of periodic national updates. Commissioner is redelegating this to determine median area house prices The change in regulations and the authority to certain officials in HUD’s and the resulting maximum mortgage delegation of authority do not prevent local offices. This redelegation is amounts. HUD is also publishing this the Commissioner from also approving consistent with the primary objectives delegation of authority today as a appropriate mortgage limit increases of the recent reorganization of HUD’s separate document. when information available to the Office of Housing, which are to provide HUD expects that increases in median Commissioner indicates that increases local offices with more direct authority house prices can be determined at the are warranted. The Commissioner may and to enhance the delivery of services local level more rapidly than at continue to receive periodic information to clients. Headquarters and with comparable on median house prices from national EFFECTIVE DATE: April 27, 1995. accuracy. Currently Headquarters staff sources such as FHFB and the WEFA FOR FURTHER INFORMATION CONTACT: makes recommendations to the Group to confirm the accuracy of local Maynard Curry, Office of Insured Single Commissioner based on two office determinations. The Family Housing, Room 9276, approaches. Under the first approach, a Commissioner will maintain a national Department of Housing and Urban comprehensive review is performed of compilation of mortgage limits for all Development, 451 Seventh Street, SW, median house prices in all areas. This areas and may choose to continue Washington, DC 20410, telephone (202) review occurs from time to time, but periodic publication of a national compilation in the Federal Register for 708–2121, or (202) 708–4594 (TDD). normally no more frequently than information purposes. (These numbers are not toll-free.) annually. Price data comes from two HUD will add a new chapter to HUD sources: the Federal Housing Finance SUPPLEMENTARY INFORMATION: Handbook 4000.2 to ensure that local Board (FHFB) and the WEFA Group, a offices have adequate instructions on Background private consulting firm. A chart is their new role. These instructions will prepared for approval by the Section 203(b)(2) of the National cover such matters as appropriate Commissioner that shows the maximum Housing Act and 24 CFR 203.18(a)(1) sources of house sales price data, extra mortgage amount for each area based on prevent insured mortgages for 1-family weight that may be given to new home 95 percent of the median house price in residences from exceeding 95 percent of sales prices in certain circumstances, the area (subject to a statutory floor and the median house price for the area, as and identification of the pertinent ceiling on these amounts). The last such determined by the Secretary. To date, ‘‘area’’ in compliance with the statutory chart was published in the Federal the determination of the median price is definition of that term. These Register on March 15, 1993 (58 FR based on actual sales prices for new and instructions should ensure a high degree 13950). existing homes. The authority to make of consistency in approach among the HUD also has a procedure for this determination has been delegated to different local offices. the Assistant Secretary for Housing- receiving and reviewing local appeals Federal Housing Commissioner (the between publication of the charts with Justification for Final Rulemaking Commissioner). The Commissioner national updates if ‘‘any party believes In general, HUD publishes a rule for issues periodic notices in the Federal that a mortgage limit established by the public comment before issuing a rule for Register announcing the mortgage limits Secretary * * * does not accurately effect, in accordance with its own for each area of the country after reflect the median house prices in an regulations on rulemaking in 24 CFR determining the median house price for area.’’ 24 CFR 203.18b(a). The party part 10. However, part 10 provides an each area. A local HUD office can exception from that general rule with 1 HUD has avoided reducing mortgage limits in recommend interim changes for specific response to temporary reductions in local market respect to rules governing HUD’s areas based on locally-gathered prices. Therefore, the focus of this rulemaking is organization or its own internal information on changes in house prices, only on increases to mortgage limits. practices or procedures. This final rule Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 16033 is limited to a revision of the respective between the Federal government and Reporting and recordkeeping roles of the Commissioner and the local the States, or on the distribution of requirements, Solar energy. offices and therefore qualifies for the power and responsibilities among the Accordingly, HUD amends 24 CFR exception. various levels of government. The part 203 as follows: redelegation of authority implemented Other Matters by this rule is a matter of HUD’s internal PART 203ÐSINGLE FAMILY Regulatory Flexibility Act practices or procedures. As a result, the MORTGAGE INSURANCE rule is not subject to review under the The Secretary, in accordance with the Order. 1. The authority citation for part 203 Regulatory Flexibility Act (5 U.S.C. is revised to read as follows: 605(b)), has reviewed this rule before Executive Order 12606, The Family Authority: 12 U.S.C. 1709, 1710, 1715b, publication and by approving it certifies and 1715u; 42 U.S.C. 3535(d). that this rule does not have a significant The General Counsel, as the economic impact on a substantial Designated Official under Executive 2. In § 203.18, paragraph (h) is revised number of small entities. The Order 12606, The Family, has to read as follows: determined that this rule does not have redelegation of authority implemented § 203.18 Maximum mortgage amounts. by this rule is a matter of HUD’s internal potential for significant impact on practices or procedures, and it will not family formation, maintenance, and * * * * * have an impact on small entities. general well-being, and thus is not (h) Notice of maximum mortgage subject to review under the Order. No amount. A maximum mortgage amount Environmental Impact significant change in existing HUD based on the 1-family median house In accordance with 40 CFR 1508.4 of policies or programs will result from price for an area under paragraph (a)(1) the regulations of the Council on promulgation of this rule, as those of this section may be made effective by: Environmental Quality and 24 CFR policies and programs relate to family (1) Providing direct notice to affected 50.20(k) of the HUD regulations, the concerns. mortgagees through an administrative issuance; or policies and procedures contained in Regulatory Agenda this rule relate only to delegations of (2) Publishing a notice in the Federal authority and therefore are categorically This rule was not listed in HUD’s Register. excluded from the requirements of the Semiannual Agenda of Regulations § 203.18b [Amended] published on November 14, 1994 (59 FR National Environmental Policy Act. 3. In § 203.18b, paragraph (b)(2) is 57632) in accordance with Executive amended by removing the second Executive Order 12612, Federalism Order 12866 and the Regulatory sentence. The General Counsel, as the Flexibility Act. Dated: March 20, 1995. Designated Official under section 6(a) of List of Subjects in 24 CFR Part 203 Executive Order 12612, Federalism, has Nicolas P. Retsinas, determined that the policies contained Hawaiian Natives, Home Assistant Secretary for Housing—Federal in this rule will not have substantial improvement, Indians—lands, Loan Housing Commissioner. direct effects on States or their political programs—housing and community [FR Doc. 95–7552 Filed 3–27–95; 8:45 am] subdivisions, or the relationship development, Mortgage insurance, BILLING CODE 4210±27±P 16034 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Notices

DEPARTMENT OF HOUSING AND Washington, DC 20410, telephone (202) Section A. Authority Redelegated URBAN DEVELOPMENT 708–2121, or (202) 708–4594 (TDD). (These are not toll-free numbers.) The authority under 24 CFR 203.18, Office of the Assistant Secretary for 24 CFR 203.18b, and Section 203(b)(2) SUPPLEMENTARY INFORMATION: Section HousingÐFederal Housing of the National Housing Act to 203(b)(2) of the National Housing Act Commissioner determine single family median house and 24 CFR 203.18(a)(1) prevent insured prices and maximum mortgage amounts [Docket No. D±95±1087; FR±3892±D±01] mortgages for 1-family residences from in particular areas, including the exceeding 95 percent of the median Redelegation of Authority authority to increase the single family house price for the area, as determined maximum mortgage limits and to AGENCY: Office of the Assistant by the Secretary. The authority to make designate high cost areas, is redelegated Secretary for Housing—Federal Housing this determination has been delegated to to the following: Commissioner, HUD. the Assistant Secretary for Housing— Federal Housing Commissioner (FHA 1. For each category AA local field ACTION: Notice of redelegation of office (also known as a ‘‘Super A’’ or authority. Commissioner). Published elsewhere in today’s Federal Register is a final rule ‘‘Double A’’ office), to the Office of SUMMARY: In this notice, the Assistant amending HUD’s Single Family Housing Director, who retains this Secretary for Housing—Federal Housing Mortgage Insurance regulations authority and redelegates it to the Single Commissioner redelegates authority to pertaining to the means of determining Family Housing Division Director. specified officials within local HUD the median single family house price 2. To The Deputy Assistant Secretary offices to determine median house and resulting maximum mortgage for Single Family Housing, who retains prices and the resulting maximum amount for a particular area. This rule this authority and redelegates it to the mortgage amounts pursuant to 24 CFR change permits the FHA Commissioner Single Family Housing Division 203.18, 24 CFR 203.18b, and Section to redelegate to the local level the Director, for each category A, B, C, and 203(b)(2) of the National Housing Act. authority to make these determinations. D local field office. Published elsewhere in the Federal HUD has recently been reorganized to Authority: Sec. 7(d) of the Department of Register today is notice of a rule change provide more direct authority to its local to 24 CFR 203.18 and 203.18b, Housing and Urban Development Act, (42 offices regarding operation of its U.S.C. 3535(d)). consistent with this redelegation. programs. This redelegation is Dated: March 20, 1995. EFFECTIVE DATE: April 27, 1995. consistent with the new emphasis on FOR FURTHER INFORMATION CONTACT: empowerment of local offices. Nicolas P. Retsinas, Maynard Curry, Office of Insured Single Accordingly, the Assistant Secretary Assistant Secretary for Housing—Federal Family Housing, Room 9276, for Housing—Federal Housing Housing Commissioner. Department of Housing and Urban Commissioner redelegates authority as [FR Doc. 95–7551 Filed 3–27–95; 8:45 am] Development, 451 Seventh Street, SW, follows: BILLING CODE 4210±27±P i

Reader Aids Federal Register Vol. 60, No. 59

Tuesday, March 28, 1995

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING MARCH

Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 916...... 14891 Proclamations: 917...... 14891 Code of Federal Regulations 6763 (Modified by 989...... 12403 Index, finding aids & general information 523±5227 Proc. 6780) ...... 15845 1209...... 13613 Printing schedules 523±3419 6772...... 11609 1210...... 13515 6773...... 12101 1220...... 15027 Laws 6774...... 12657 1942...... 11019 Public Laws Update Service (numbers, dates, etc.) 523±6641 6775...... 13887 Proposed Rules: Additional information 523±5230 6776...... 13889 51...... 11918, 13926 6777...... 14351 58 ...... 11919, 12154, 12156 Presidential Documents 6778...... 15455 201...... 15257 319...... 13382 Executive orders and proclamations 523±5230 6779...... 15843 360...... 15260 Public Papers of the Presidents 523±5230 6780...... 15845 800...... 15075 Weekly Compilation of Presidential Documents 523±5230 Executive Orders: November 24, 1916 810...... 15075 The United States Government Manual (Revoked in part by 927...... 14914 945...... 13080 523±5230 PLO 7121)...... 12886 General information 981...... 15522 Other Services 12903 (Superseded by EO 12955)...... 13365 1036...... 15523 Data base and machine readable specifications 523±4534 12954...... 13023 1050...... 15262 Guide to Record Retention Requirements 523±3187 12955...... 13365 1099...... 12907 Legal staff 523±4534 12956...... 14199 1220...... 15082 Privacy Act Compilation 523±3187 12957...... 14615 1230...... 13384 1940...... 13650, 13928 Public Laws Update Service (PLUS) 523±6641 Administrative Orders: TDD for the hearing impaired 523±5229 Memorandums: 8 CFR March 2, 1995 ...... 12393 204...... 14353 ELECTRONIC BULLETIN BOARD Presidential Determinations: 211...... 14353 Free Electronic Bulletin Board service for Public Law No. 95±15 of February 217...... 15855 numbers, Federal Register finding aids, and list of 28, 1995 ...... 12859 235...... 14353 documents on public inspection. 202±275±0920 No. 95±16 of March 251...... 14353 13, 1995 ...... 15227 252...... 14353 FAX-ON-DEMAND 274a...... 14353 5 CFR You may access our Fax-On-Demand service. You only need a fax 299...... 14353 machine and there is no charge for the service except for long Ch. LXXVII...... 12396 316...... 14353 distance telephone charges the user may incur. The list of 362...... 11017 334...... 14353 documents on public inspection and the daily Federal Register’s 532...... 12395, 12396 Proposed Rules: table of contents are available using this service. The document 582...... 13027 100...... 15703 numbers are 7050-Public Inspection list and 7051-Table of 731...... 13613 9 CFR Contents list. The public inspection list will be updated 831...... 14201 immediately for documents filed on an emergency basis. 842...... 14201 2...... 13893 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 843...... 13034 75...... 14617 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1300...... 12396 77...... 11898 public inspection may be viewed and copied in our office located 1650...... 13604 91...... 13896 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 1653...... 13604 92...... 13896, 13898 telephone number is: 301±713±6905 Proposed Rules: 94...... 15856 Ch. XIV ...... 11057 101...... 14353 Ch. LX...... 15700 113 ...... 14353, 14355, 14357 FEDERAL REGISTER PAGES AND DATES, MARCH 890...... 15074 317...... 12883 381...... 12883 11017±11608...... 1 13889±14200...... 15 7 CFR Proposed Rules: 11609±11896...... 2 14201±14350...... 16 29 ...... 12398, 12399, 12400, 1...... 12908, 15524 11897±12102...... 3 14351±14616...... 17 13515 3...... 12908, 15524 51...... 11242 92...... 13929 12103±12394...... 6 14617±14890...... 20 56...... 12401, 13780 101...... 14392 12395±12658...... 7 14891±15026...... 21 58...... 11246 102...... 12159, 12162 12659±12858...... 8 15027±15228...... 22 235...... 15457 104...... 12159 12859±13022...... 9 15229±15456...... 23 300...... 14202 105...... 12159 319...... 14202 112...... 14392 13023±13366...... 10 15457±15648...... 24 354...... 11897 114...... 12162 13367±13612...... 13 15649±15854...... 27 372...... 13212 116...... 12159 13613±13888...... 14 15855±16034...... 28 906...... 13891 160...... 13084 ii Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Reader Aids

161...... 13084 1241...... 11022 Proposed Rules: 912...... 14816 381...... 14668 1262...... 12668 122...... 15703 913...... 11626 Proposed Rules: 134...... 14705 960...... 14816 10 CFR 3500...... 11194, 14635 Ch. I ...... 15525 20 CFR 20...... 15649 23...... 14698 Proposed Rules: 50...... 13615 27...... 15883 416...... 14215 Chapter IX ...... 14707 55...... 13615 29...... 15883 Proposed Rules: 100...... 13840, 14890 61...... 15649 33...... 12360 200...... 11639 888...... 11870 73...... 13615 39 ...... 11635, 11637, 11942, 335...... 14241 430...... 15015 11944, 11945, 12714, 14231, 404...... 12166 25 CFR 765...... 15015 14233, 14235, 14237, 14395, 416...... 12166 Proposed Rules: 766...... 15015 15084 21 CFR Ch. I ...... 14582 1003...... 15004 71 ...... 11057, 13931, 14238, Proposed Rules: 14240, 14397, 15723, 15884, 5...... 15870 26 CFR 2...... 15878 15885, 15887 173...... 11899 1 ...... 11028, 11906, 12415, 20...... 13385 121...... 13008, 13862 179...... 12669 14636, 15874 50...... 14669 125...... 13862 184...... 15871 Proposed Rules: 60...... 15180, 15190 135...... 13862 328...... 13590 1 ...... 11059, 11060, 11195, 170...... 14670 150...... 14701 450...... 11026 11950, 12034, 13213, 13393 171...... 14670 510...... 11027, 14216 31...... 15526 430...... 15330 15 CFR 520...... 14216, 14217 490...... 15020 777...... 15669 522...... 14217 28 CFR 558...... 11027, 11028 12 CFR 925...... 12592 0...... 11906, 15674 2012...... 15229 886...... 15872 205...... 15032 31...... 13330 Proposed Rules: 1308...... 15956 226...... 15463 40...... 13902 905...... 11947 Proposed Rules: 325...... 15858 345...... 15826 944...... 14241 101...... 14918 545...... 15826 543...... 12103 111...... 14918 552...... 12103 16 CFR 170...... 14918 29 CFR 563...... 15861 305...... 14209, 15198 310...... 13014, 14918 500...... 15232 571...... 12103 314...... 13014 708a...... 12759 1203...... 15231 1910...... 11194, 13782 Proposed Rules: 1915 ...... 11194, 13782, 14218 Proposed Rules: 22 CFR 1917...... 13782 4...... 15705 24...... 15724 41...... 15872 1918...... 13782 7...... 11924 231...... 15724 1926...... 11194 10...... 15705 247...... 15724 23 CFR 305...... 15200 1952...... 12416, 12417 11...... 15705 658...... 15212 405...... 15725 2509...... 12328 18...... 15705 635...... 15478 1700...... 12165 2619...... 13904 31...... 11924 1313...... 15479 2676...... 13904 225...... 15881 17 CFR 334...... 15882 24 CFR Proposed Rules: 543...... 13008 1...... 13901 15...... 11901 1910...... 15263 552...... 13008 200...... 14622, 15673 25...... 13834 1915...... 15263 571...... 13008 239...... 11876 44...... 15481 1926...... 15263, 15888 722...... 13388 240...... 14366 45...... 15481 1952...... 12488 270 ...... 11876, 11887, 14622 58...... 13518 2627...... 16026 13 CFR 274...... 11876 92...... 13348 30 CFR 101...... 15864 400...... 11022 200...... 14632, 14816 121...... 15477 401...... 11022 201...... 13834, 13854 914...... 13038 402...... 11022, 12825 Proposed Rules: 202...... 13834 936...... 13040 108...... 15525 403...... 11022 203...... 16032 943...... 15675 120...... 11941 404...... 11022 215...... 14816 944...... 13367, 15680 122...... 11941 405...... 11022 235...... 14816 950...... 14368 450...... 11022 236...... 14816 Proposed Rules: 14 CFR Proposed Rules: 243...... 11828 Ch. II...... 14707, 15888 11...... 12034, 12108 239...... 11890 247...... 14816 Ch. VII...... 13858 25...... 11194 270...... 11890 290...... 11844 254...... 13652 39 ...... 11020, 11611, 11613, 274...... 11890 570...... 15836 756...... 13086 11615, 11617, 11619, 11621, 760...... 11828, 14632 773...... 13087 18 CFR 11623, 12406, 12407, 12408, 812...... 14816 904...... 14399 12410, 12411, 12413, 12414, 11...... 15040 813...... 11626 913...... 15726 12663, 12666, 13618, 13620, 141...... 15868 850...... 14816 925...... 11640, 15728 13621, 13623, 13624, 14619, 375...... 15868 880...... 14816 926...... 13932 14897, 15034, 15035, 15037, 381...... 15040 881...... 14816 935...... 14400, 14401 15667, 15864 385...... 15868 882...... 14816 944...... 13935, 15729 61...... 11254 Proposed Rules: 883...... 14816 31 CFR 71 ...... 11625, 12108, 12667, 154...... 13651 884...... 14816 13626, 13900, 14363, 15669, 158...... 13651 886...... 11844, 14816 351...... 15430 15867 201...... 13651 887...... 14816 356...... 13906 73...... 15229 250...... 13651 888...... 12594 500...... 12885 91...... 13627 284...... 13651 889...... 11828 Proposed Rules: 95...... 13035 890...... 11836, 13515 1...... 15705, 15730 97 ...... 12109, 12110, 14363, 19 CFR 900...... 14816 14365 10...... 14630 904...... 14816 32 CFR 121...... 11194, 12034 12...... 13352, 14486 905...... 11626, 14816 199...... 12419 135...... 11194, 13010 101...... 14211 908...... 11626 1636...... 13907 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Reader Aids iii

1690...... 15682 122...... 15366 65...... 13049 23...... 12366, 13397 Proposed Rules: 123...... 15366 67...... 13050 25...... 12366 199 ...... 12717, 14403, 14919 131...... 15366 152...... 11236 27...... 12366 209...... 11642 132...... 15366 354...... 15628 28...... 12366 311...... 13936 180 ...... 11029, 11032, 12702, Proposed Rules: 29...... 12366 855...... 15086 12703, 12704, 12705, 12707, 61...... 13945 32...... 12366, 12384 13914, 15069, 15486, 15488, 65...... 14708 36...... 12366, 13397 33 CFR 15683 67...... 13096, 14710 41...... 12366 100 ...... 11629, 15049, 15052 186...... 15683 206...... 13945 42...... 12366, 13397 110...... 14220, 15052 281 ...... 12630, 12709, 14334, 43...... 12366 117...... 13629, 14221 14371, 14372 45 CFR 44...... 12366, 13397 143...... 13550 282...... 12630, 14334 2543...... 13055 45...... 12366, 12384 300 ...... 14641, 14645, 15247, 46...... 12366, 13397 155...... 13318 Proposed Rules: 47...... 12366, 13397 157...... 13318 15489 1180...... 12186 165 ...... 12112, 15049, 15053, 372...... 13047 49...... 12366, 13397 15736 721...... 11033 46 CFR 52 ...... 12366, 12384, 13397, 334...... 15232 799...... 14910 14377 2...... 13550 53 ...... 12366, 12384, 13397 Proposed Rules: Proposed Rules: 30...... 13318 Ch. I ...... 15264 209...... 13073 117 ...... 12178, 13393, 13395, 32...... 13318 22...... 15208 219...... 13074 13653 70...... 13318 50...... 13663 223...... 13075 162...... 15734 90...... 13318 51...... 12492 235...... 13076, 15689 165 ...... 14242, 14243, 14245, 172...... 13318 14246, 15101, 15102, 15736 52 ...... 12180, 12184, 12185, 252...... 13073, 13075 12519, 12520, 12721, 12722, Proposed Rules: 701...... 11911, 12825 320...... 13654 4...... 15115 325...... 13654 13937, 14708, 14920, 15104, 703...... 11911, 12825 15269, 15270, 15271, 15527, 5...... 15115 715...... 11911, 12825 333...... 13654 10...... 13570 402...... 11643 15891 724...... 11911 53...... 13663 12...... 13570 731...... 11911, 12825 34 CFR 58...... 12492 67...... 12188 752...... 11911, 12825 60...... 13937 927...... 11812 3...... 11907 47 CFR 952...... 11812 75...... 12096, 12648 61...... 13938 63 ...... 12723, 13088, 13664 1...... 13636 970...... 11812 280...... 14864 68...... 13526 2 ...... 13071, 15248, 15686 1517...... 12712 607...... 15446 70 ...... 12521, 13088, 13683, 5...... 13636 1805...... 14378 Proposed Rules: 14921, 15105 15...... 13071 1819...... 15497 Ch. VI...... 15737 81...... 12520 22...... 15490 1837...... 11634 24...... 13915 36 CFR 82...... 14611 1852...... 15497 85...... 12185 32...... 12137 Ch. 99 ...... 12711 7...... 13629 123...... 14588 36...... 12137 Proposed Rules: 1230...... 13908 148...... 11702 61...... 13637 Ch. I ...... 11198 Proposed Rules: 180 ...... 13938, 13939, 13941, 64...... 15495 1...... 14340, 15450 7...... 13662 15109, 15111, 15113 65...... 12137 6...... 14346 73 ...... 11909, 11910, 11911, 37 CFR 185...... 15113 7...... 14340 186...... 15113 13918, 15255, 15496, 15688 12...... 15220 1...... 14488 194...... 11060 74...... 14224 16...... 14346 202...... 15874 261...... 12525 76...... 14373 17...... 14340 266...... 11702 80...... 15686 38 CFR 32...... 14156, 15450 268...... 11702 90...... 15248, 15490 33...... 15450 3...... 12886, 14222 271...... 11702, 12525 97...... 15686 37...... 14340 300 ...... 13944, 15273, 15737 Proposed Rules: 39 CFR 45 ...... 12530, 15528, 15740 302...... 12525 Ch. I...... 13102, 15527, 15739 49...... 14340 20...... 14370 761...... 13095 1...... 13396, 15275 52 ...... 12530, 14156, 14340, 3001...... 12113, 12116 2 ...... 11644, 13687, 15116 14346, 15220, 15450, 15528, 42 CFR Proposed Rules: 15...... 15116 15740 20...... 14878 410...... 14223 63...... 11644, 15118 215...... 15528 111...... 12490 485...... 11632 64...... 12529 245...... 15276 486...... 11632 73 ...... 12530, 12724, 12725, 252...... 15276 40 CFR Proposed Rules: 13947, 15275 933...... 11646 9...... 12670, 15366 65a...... 12525 970...... 11646 52 ...... 12121, 12123, 12125, 48 CFR 9904...... 12725 12438, 12442, 12446, 12451, 43 CFR 2 ...... 12366, 12384, 13397 12453, 12459, 12685, 12688, 2720...... 12710 3...... 12366, 13397 49 CFR 12691, 12695, 12700, 13042, Public Land Orders: 4...... 12366, 12384 1 ...... 11046, 13639, 14225, 13631, 13634, 13908, 14899, 7100...... 12592 5 ...... 12366, 12384, 13397 15877 15053, 15056, 15061, 15062, 7117...... 11045 6...... 12366, 13397 107...... 12139 15233, 15235, 15241, 15483, 7118...... 11046 7...... 12384, 13397 192...... 14379, 14646 15875 7119...... 11633 8...... 12366, 12384 195...... 14646 58...... 11907 7120...... 11633 9 ...... 12366, 12384, 13397 218...... 11047 61...... 13912 7121...... 12886 10...... 13397 382...... 13369 63 ...... 11029, 12670, 13045 7122...... 12887 11...... 13397 391...... 13369 70 ...... 12128, 12478, 13046, 7123...... 12887 12...... 12384, 13397 393...... 12146 15066 7124...... 13915 13...... 12366, 13397 501...... 15503 81 ...... 12453, 12459, 13368, 7125...... 15248 14...... 12384, 13397 564...... 14226 13634 15 ...... 12366, 12384, 13397 571 ...... 11913, 13216, 13286, 82...... 14608 44 CFR 16 ...... 12366, 12384, 13397 13297, 13639, 15504, 15690 86...... 15242 64...... 15071 22 ...... 12366, 13397, 14377 575...... 11913 iv Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Reader Aids

582...... 15509 583...... 14228 653...... 12296 654...... 12296, 12298 661...... 14174 1312...... 13077 1314...... 13077 Proposed Rules: Ch. V ...... 14717, 15119 192...... 14714 195...... 14714 234...... 11649 393...... 13306 564...... 14247 571 ...... 12192, 13688, 14247 575...... 15529 661...... 14178 800...... 13948 830...... 13948 831...... 13948 50 CFR 17 ...... 12483, 12887, 15693 204...... 11050 227...... 15512 280...... 14381 285...... 14381 301...... 14651 611...... 13780 625...... 14230 646...... 12592 651...... 13078 654...... 13918 663...... 13377 672 ...... 11915, 12149, 12152, 13079, 14390, 14912, 15072, 15521 673...... 11054, 12825 675 ...... 11915, 12149, 12487, 13780, 14390, 14912, 15521 676 ...... 11916, 12152, 13780 681...... 13380 Proposed Rules: 14...... 15277 17 ...... 11768, 12531, 12728, 12730, 13105, 13397, 13950, 14253, 14410, 15280, 15281 18...... 14408 20...... 14194, 15642 222...... 11951, 14410 227...... 14253 640...... 15743 649...... 14261, 15893 650...... 15893 651...... 15893 663...... 11062 672...... 13106 675...... 13106