Pages 15177±15362 Vol. 61 4±5±96 No. 67 federal register April 5,1996 Friday this issue. Raleigh, NC,seeannouncementontheinsidecoverof For informationonbriefingsinWashington,DCand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996

SUBSCRIPTIONS AND COPIES

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2 III

Contents Federal Register Vol. 61, No. 67

Friday, April 5, 1996

Agriculture Department Education Department See Animal and Plant Health Inspection Service NOTICES See Rural Housing Service Agency information collection activities: Proposed collection; comment request, 15230–15231 Animal and Plant Health Inspection Service Meetings: RULES National Educational Research Policy and Priorities Exportation and importation of animals and animal Board, 15231–15232 products: Embryos from ruminants and swine from countries where Employment Standards Administration rinderpest or foot-and-mouth disease exists, 15180– NOTICES 15184 Minimum wages for Federal and federally-assisted PROPOSED RULES construction; general wage determination decisions, Exportation and importation of animals and animal 15307–15308 products: Garbage that can introduce diseases or pests of livestock, Energy Department poultry, or plants; disposal by cruise ships in See Energy Research Office landfills at Alaskan ports, 15201–15204 See Federal Energy Regulatory Commission NOTICES Army Department Environmental statements; availability, etc.: See Engineers Corps NOTICES Pantex Plant, TX— Meetings: Continued operation associated storage of nuclear U.S. Military Academy, Board of Visitors, 15225 weapon components, 15232–15233 Weapons-usable fissile materials; long-term storage and Arts and Humanities, National Foundation disposition, 15233 See National Foundation on the Arts and the Humanities Grants and cooperative agreements; availability, etc.: High-energy density and laser-matter interaction studies, Blind or Severely Disabled, Committee for Purchase From 15233–15234 People Who Are See Committee for Purchase From People Who Are Blind or Energy Research Office Severely Disabled NOTICES Grants and cooperative agreements; availability, etc.: Census Bureau Financial assistance program— NOTICES Photochemistry research, 15234–15235 Agency information collection activities: Financial assistance programs— Proposed collection; comment request, 15216 High performance computing and communications grand challenge applications, 15235–15236 Commerce Department See Census Bureau Engineers Corps See Foreign-Trade Zones Board NOTICES See International Trade Administration Base realignment and closure: See National Oceanic and Atmospheric Administration Surplus Federal property— NOTICES Seivers Sandberg U.S. Army Reserve Center (Camp Agency information collection activities: Pedricktown), NJ, 15225–15226 Submission for OMB review; comment request, 15215– Sgt. Joyce Kilmer U.S. Army Reserve Center (Camp 15216 Kilmer), NJ, 15226 Committee for Purchase From People Who Are Blind or Stratford Army Engine Plant, CT, 15225 Severely Disabled U.S. Army Reserve Facility Bellmore, NY, 15226 NOTICES Environmental statements; availability, etc.: Agency information collection activities: Lake Seminole Hydrilla Action Plan, Florida-Georgia- Submission for OMB review; comment request, 15223– Alabama, 15226–15227 15224 Pine Flat Dam fish and wildlife habitat restoration Procurement list; additions and deletions, 15224–15225 investigation, CA, 15227–15228 Poplar Island, Talbot County, MD, 15229 Defense Department Meetings: See Army Department Inland Waterways Users Board, 15229–15230 See Engineers Corps Environmental Protection Agency Drug Enforcement Administration RULES NOTICES Pesticides; tolerances in food, animal feeds, and raw Applications, hearings, determinations, etc.: agricultural commodities: Phillips, Ronald, D.O., 15304–15306 Glyphosate, 15192–15196 IV Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Contents

NOTICES Federal Highway Administration Agency information collection activities: NOTICES Proposed collection; comment request, 15246–15251 Environmental statements; notice of intent: Environmental statements; availability, etc.: Phelps County, MO, 15332 Agency statements— Comment availability, 15251–15252 Federal Housing Finance Board Weekly receipts, 15252–15253 NOTICES Bayou Lafourche siphon fresh water diversion restoration Meetings; Sunshine Act, 15262 project, LA, 15253 Meetings: Federal Maritime Commission Drinking water health advisory program, 15253–15254 NOTICES Science Advisory Board, 15254–15255 Casualty and nonperformance certificates: Urban Wet Weather Flows Advisory Committee et al., Norweigan Cruise Line et al., 15262 15256 Pesticide programs: Federal Reserve System Agricultural worker protection standards program; public NOTICES meetings, 15256–15257 Bank and bank holding companies: Superfund; response and remedial actions, proposed Permissible nonbanking activities, 15262–15263 settlements, etc.: Banks and bank holding companies: C&D Recycling Site, PA, 15257–15258 Change in bank control, 15263 Formations, acquisitions, and mergers, 15263 Water pollution; discharge of pollutants (NPDES): Alaska; placer mining in Alaska; general permit, 15261– Federal Retirement Thrift Investment Board 15262 NOTICES Water pollution control: Meetings; Sunshine Act, 15263–15264 National pollutant discharge elimination system; State programs— Fish and Wildlife Service Louisiana, 15258–15261 NOTICES Environmental statements; availability, etc.: Export-Import Bank Incidental take permits— NOTICES Washington Natural Resources Department; northern Meetings: spotted owl, etc., 15297–15298 Advisory Committee, 15262 Food and Drug Administration RULES Federal Aviation Administration Animal drugs, feeds, and related products: RULES Ivermectin with pyrantel pamoate, 15185–15186 Airworthiness directives: Medical devices: Bell, 15184–15185 Premarket approval applications; temporary suspension NOTICES of approval, 15186–15190 Meetings: NOTICES Informal airspace meetings— Animal drugs, feeds, and related products: Washington, 15331–15332 Patent extension; regulatory review period determinations— Federal Communications Commission OPTIMMUNE, 15264–15265 PROPOSED RULES Harmonisation International Conference; guidelines Common carrier services: availability: Federal-State Joint Board on Universal Service; Clinical safety data management; periodic safety update establishment, 15208 reports for marketed drugs, 15352–15357 Communications equipment: Toxicity to reproduction; detection for medicinal Radio frequency devices— products; addendum on toxicity to male fertility, Spread spectrum transmitters operation; limit on 15360–15361 directional gain antennas eliminated and minimum Human drugs: number of channels required for frequency Patent extension; regulatory review period hopping reduced, 15206–15208 determinations— FLOLAN, 15265 Meetings: Federal Energy Regulatory Commission Small business exchange, 15265–15266 NOTICES Electric rate and corporate regulation filings: Foreign-Trade Zones Board Escuintla Operations, Inc., et al., 15238–15239 NOTICES Environmental statements; availability, etc.: Applications, hearings, determinations, etc.: Paiute Pipeline Co., 15239–15240 Arkansas Hydroelectric applications, 15240–15243 Mid States Pipe Fabricating, Inc.; steel pipe fabrication Meetings; Sunshine Act, 15243–15246 facilities, 15216–15217 Applications, hearings, determinations, etc.: Louisiana, 15217 Columbia Gas Transmission Corp., 15236–15237 Conoco, Inc.; oil refinery, 15217–15218 Eastern Shore Natural Gas Co., 15237 TransAmerican Natural Gas Corp.; crude oil refinery Trunkline LNG Co., 15237–15238 complex, 15217 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Contents V

Health and Human Services Department See Labor Statistics Bureau See Food and Drug Administration See Occupational Safety and Health Administration See Health Care Financing Administration NOTICES See Substance Abuse and Mental Health Services Meetings: Administration North American Agreement on Labor Cooperation National Advisory Committee, 15306–15307 Health Care Financing Administration NOTICES Labor Statistics Bureau Meetings: NOTICES Practicing Physicians Advisory Council, 15266 Agency information collection activities: Proposed collection; comment request, 15308–15312 Housing and Urban Development Department RULES Land Management Bureau Conflict of interests, 15350 NOTICES PROPOSED RULES Environmental statements; availability, etc.: National Environmental Policy Act; implementation, Green River Resource Area, WY, 15301–15302 15340–15348 Meetings: NOTICES Eastern Washington Resource Advisory Council, 15302 Grants and cooperative agreements; availability, etc.: Wyoming Resource Advisory Council, 15302–15303 Facilities to assist homeless— Realty actions; sales, leases, etc.: Excess and surplus Federal property, 15267–15296 Wyoming, 15303 Recreation management: Immigration and Naturalization Service Butte County, CA; special area fee adjustment, 15303– NOTICES 15304 Meetings: Immigration and Naturalization Service User Fee Minerals Management Service Advisory Committee, 15306 NOTICES Outer Continental Shelf operations: Indian Affairs Bureau Central Gulf of Mexico— NOTICES Lease sales; correction, 15338 Liquor and tobacco sale or distribution ordinance: Wyandotte Tribe of Oklahoma, 15298–15301 National Aeronautics and Space Administration NOTICES Interior Department Meetings: See Fish and Wildlife Service Advisory Council, 15312 See Indian Affairs Bureau Patent licenses; non-exclusive, exclusive, or partially See Land Management Bureau exclusive: See Minerals Management Service CASI, Inc., 15312–15313 QSound Labs, Inc., 15313 Internal Revenue Service Wessex, L.L.C., 15313 PROPOSED RULES Income taxes: National Foundation on the Arts and the Humanities Mortgage credit certificate reissuance; hearing, 15204 NOTICES Tax-exempt section 501(c)(5) labor, agricultural and Meetings; Sunshine Act, 15313 horticultural organizations; requirements; hearing, 15204–15205 National Highway Traffic Safety Administration NOTICES International Trade Administration Motor vehicle safety standards: NOTICES Nonconforming vehicles— Antidumping: Importation eligibility; determinations, 15332–15336 Heavy forged hand tools, finished or unfinished, with or without handles, from— National Oceanic and Atmospheric Administration China, 15218–15221 RULES Polychloroprene rubber from— Fishery conservation and management: Japan, 15221–15222 Summer flounder, 15199–15200 Committees; establishment, renewal, termination, etc.: PROPOSED RULES U.S.-South Africa Business Development Committee, Fishery conservation and management: 15223 Atlantic swordfish, 15212–15214

Justice Department Nuclear Regulatory Commission See Drug Enforcement Administration NOTICES See Immigration and Naturalization Service Agency information collection activities: NOTICES Submission for OMB review; comment request, 15313– Agency information collection activities: 15314 Proposed collection; comment request, 15304 Applications, hearings, determinations, etc.: Pacific Gas & Electric Co., 15314–15315 Labor Department Pathfinder Mines Corp., 15315 See Employment Standards Administration Tennessee Valley Authority, 15315 VI Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Contents

Occupational Safety and Health Administration Substance Abuse and Mental Health Services PROPOSED RULES Administration Safety and health standards, etc.: NOTICES 1,3-Butadiene; occupational exposure, 15205 Meetings: Mental Health Services Center National Advisory Personnel Management Office Council; correction, 15266–15267 RULES Acquisition regulations: Surface Transportation Board Health benefits, Federal employees— PROPOSED RULES Suits brought by covered individuals because of health Practice and procedure: benefit denial, 15196–15199 Licensing and related services; user fees, 15208–15212 Health benefits, Federal employees: NOTICES Disputed claims procedures and court actions, 15177– Railroad services abandonment: 15180 Norfolk & Western Railway Co., 15336–15337 NOTICES Paducah & Louisville Railway, Inc., 15337 Agency information collection activities: Submission for OMB review; comment request, 15316 Transportation Department See Federal Aviation Administration Postal Service See Federal Highway Administration PROPOSED RULES See National Highway Traffic Safety Administration Domestic Mail Manual: See Surface Transportation Board Mail with insufficient postage deposited for delivery; treatment, 15205–15206 Treasury Department Presidential Advisory Committee on Gulf War Veterans' See Internal Revenue Service Illnesses NOTICES Veterans Affairs Department Meetings, 15316–15317 RULES Vocational rehabilitation and education: Public Health Service Veterans education— See Food and Drug Administration Montgomery GI Bill-Active Duty; rates payable See Substance Abuse and Mental Health Services increase, 15190–15192 Administration

Rural Housing Service Separate Parts In This Issue NOTICES Agency information collection activities: Proposed collection; comment request, 15215 Part II Department of Housing and Urban Development, 15340– Securities and Exchange Commission 15348 RULES Practice and procedure: Part III Administrative proceedings; evidentiary hearings before Department of Housing and Urban Development, 15350 administrative law judges, etc.; correction, 15338 NOTICES Meetings; Sunshine Act, 15317 Part IV Self-regulatory organizations; proposed rule changes: Department of Health and Human Services, Food and Drug American Stock Exchange, Inc., 15317–15318 Administration, 15352–15357 Boston Stock Exchange, Inc., 15318–15322 Chicago Board Options Exchange, Inc.; correction, 15338 Part V Cincinnati Stock Exchange, Inc., 15322–15330 Department of Health and Human Services, Food and Drug Delta Government Options Corp., 15330 Administration, 15360–15361 National Association of Securities Dealers, Inc.; correction, 15338 Philadelphia Depository Trust Co.; correction, 15338 Reader Aids Small Business Administration Additional information, including a list of public laws, telephone numbers, reminders, and finding aids, appears in NOTICES the Reader Aids section at the end of this issue. Applications, hearings, determinations, etc.: Mellon Ventures, L.P., 15330–15331 Wells Fargo Small Business Investment Co., Inc., 15331 Electronic Bulletin Board Social Security Administration Free Electronic Bulletin Board service for Public Law NOTICES numbers, Federal Register finding aids, and a list of Agency information collection activities: documents on public inspection is available on 202–275– Proposed collection; comment request, 15331 1538 or 275–0920. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR 890...... 15177 7 CFR Proposed Rules: 330...... 15201 9 CFR 98...... 15180 Proposed Rules: 94...... 15201 14 CFR 39...... 15184 17 CFR 200...... 15338 21 CFR 520...... 15185 814...... 15186 24 CFR 0...... 15350 Proposed Rules: 50...... 15340 26 CFR Proposed Rules: 1 (2 documents) ...... 15204 29 CFR Proposed Rules: 1910...... 15205 1915...... 15205 1926...... 15205 38 CFR 21...... 15190 39 CFR Proposed Rules: 111...... 15205 40 CFR 180...... 15192 186...... 15192 47 CFR Proposed Rules: 2...... 15206 15...... 15206 36...... 15208 69...... 15208 48 CFR 1604...... 15196 1652...... 15196 49 CFR Proposed Rules: 1002...... 15208 50 CFR 625...... 15199 Proposed Rules: 630...... 15212 15177

Rules and Regulations Federal Register Vol. 61, No. 67

Friday, April 5, 1996

This section of the FEDERAL REGISTER is limited to the record that was before has been working well enough that we contains regulatory documents having general OPM when it made its decision. believe that extending the time period to applicability and legal effect, most of which OPM received 11 comments on the 45 days would unnecessarily lengthen are keyed to and codified in the Code of interim regulations. Three commenters the time required to complete the Federal Regulations, which is published under suggested that we amend the regulations disputed claims process. Therefore, we 50 titles pursuant to 44 U.S.C. 1510. to clarify that the regulations apply to have not accepted these suggestions. The Code of Federal Regulations is sold by providers to whom the covered Two commenters said that the time the Superintendent of Documents. Prices of individual has assigned the right to period for seeking judicial review new books are listed in the first FEDERAL pursue the claim. We have not accepted should be tied to the date the covered REGISTER issue of each week. this suggestion because the right of individual receives OPM’s decision access to the disputed claims process rather than the date the care or service belongs to the covered individual. We was provided. One commenter OFFICE OF PERSONNEL have amended the interim regulations to supported the provision basing the time MANAGEMENT clarify that another person or entity, limit on the date the care or service was whether or not a provider, can gain provided and asked us not to change it. 5 CFR Part 890 access to the disputed claims process The interim regulations provide that only when acting on behalf of the legal action on a disputed claim may not RIN 3206±AH36 covered individual and with the be brought later than December 31 of the covered individual’s specific written 3rd year after the year in which the care Federal Employees Health Benefits consent. or service was provided. After Program: Filing Claims; Disputed Two commenters thought that the considering these three comments we Claims Procedures and Court Actions one-year period for initiating the have decided not to modify our AGENCY: Office of Personnel disputed claims process was too long. regulations at this time. This timeframe Management. They suggested a 90-day period instead. reflects our brochure language over the The one-year period has been OPM’s past several years. It is our experience ACTION: Final rule. policy since the disputed claims process that this timeframe works well; SUMMARY: The Office of Personnel was created in 1975. However, we however, we will continue to monitor Management (OPM) is issuing final believe that the period can now be all timeframes in these regulations and regulations revising the requirement reduced to 6 months if there are make changes as warranted. that legal actions to recover on a claim sufficient safeguards to protect the Four commenters suggested that the under the Federal Employees Health interests of individuals who, because of regulations should explicitly state that Benefits (FEHB) Program should be medical problems or for other reasons court actions are not to be brought brought against the health benefits are unable to request reconsideration against a carrier or a carrier’s carrier rather than OPM and clarifying within the 6 months time limit. subcontractors. One commenter the procedures for filing claims for Therefore, we are modifying the suggested that we amend the regulations payment or service under the FEHB regulations to require that covered to state that the carrier is an Program. The purpose of these final individuals who want to ask the plan to indispensable party to the lawsuit. After regulations is to prescribe that if a reconsider its denial must do so within considering these five comments, we covered individual chooses to bring 6 months after the denial unless the have modified the regulations to specify legal action pertaining to a denial of an covered individual shows that he or she that court action is not to be brought FEHB benefit, such legal action should was prevented by a cause beyond his or against the carrier or the carrier’s be brought against OPM, and to clarify her control from making the request subcontractors. Since it is OPM’s the administrative review process that within that time period. In addition, we decision, not the carrier’s, that is being must precede legal action in the courts. are adding a provision to allow OPM to contested, it is appropriate that OPM, reopen a decision it made concerning a rather than the carriers, be the focus of EFFECTIVE DATE: May 6, 1996. disputed claim if it receives evidence lawsuits related to denial of benefits. FOR FURTHER INFORMATION CONTACT: that was unavailable at the time OPM Two commenters said that the interim Margaret Sears, (202) 606–0004. made its decision. regulations should be set aside because SUPPLEMENTARY INFORMATION: On March Two commenters said that the amount they adversely affect the covered 29, 1995, OPM published interim of time carriers have to respond to individual’s right: (1) Of access to State regulations in the Federal Register (60 requests for reconsideration—30 days— courts, (2) to seek monetary FR 16037) that require individuals who is too short, especially when the issue compensation for damages, (3) under want to bring suit concerning the denial is medical necessity. They suggested State law to require insurer to prove that of their health benefits claims to bring that the carriers be allowed 45 days, notice was given concerning changes in such suits against OPM instead of the with the option to extend the period for benefits and that contract language is health benefits carrier, as had been the an additional 30 days, if necessary. clear, (4) to have the option to go to case previously. The interim regulations They further suggested that the carriers court without seeking OPM review, (5) also clarified the administrative review be given 45 days rather than 30 to to present evidence that OPM did not procedures that must precede legal review additional information received have when it made its determination, action in the courts, the circumstances from the covered individual or provider. and (6) to seek an expedited ruling by under which suits may be brought In both cases, the 30-day period has the court when life or health is at issue. against OPM, and that the court’s review been in place for a number of years and OPM’s regulations have never offered 15178 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations such ‘‘rights.’’ The interim regulations administrative remedy provided by individuals enrolled under the Federal simply clarified that these opportunities these regulations before pursuing their Employees Health Benefits Program. are not available to covered individuals rights under 29 CFR Part 1614. Since List of Subjects in 5 CFR Part 890 under the FEHB program. The FEHB OPM has no authority concerning the law includes a provision specifically provisions of title 29 of the Code of Administrative practice and stating that FEHB contract provisions Federal Regulations, it would not be procedure, Government employees, that relate to the extent of coverage or appropriate to address an individual’s Health facilities, Health insurance, benefits supersede and preempt any rights under title 29 in title 5. Instead, Health professions, Hostages, Iraq, State law that relates to health insurance the circumstances under which one may Kuwait, Lebanon, Reports and or plans to the extent that such law is access remedies related to title 29 recordkeeping requirements, inconsistent with FEHB contractual should be included in title 29. Retirement. provisions. Therefore, we believe the One commenter felt that the interim Office of Personnel Management. interim regulations accurately reflect the regulations do not expressly prescribe James B. King, intent of the FEHB law. Further, it has time limits when the carrier fails to Director. been OPM’s policy, and will continue to make its decision within 60 days after be OPM’s policy, to expedite the dispute Accordingly, OPM is amending 5 CFR requesting, but not receiving, part 890 as follows: resolution process when there are issues information from the covered of life and health at stake. Premature individual. We have modified the PART 890ÐFEDERAL EMPLOYEES involvement of the courts at such time regulations to clarify that this HEALTH BENEFITS PROGRAM is unnecessary. The only real change circumstance is included in the made by the interim regulations was administrative process. 1. The authority citation for part 890 which party to the FEHB contracts One commenter objected to the continues to read as follows: should be named in a suit. requirement that the claimants must Authority: 5 U.S.C. 8913; § 890.803 also Two commenters said that the interim express their reasons in terms of the issued under 50 U.S.C. 403p, 22 U.S.C. 4069c regulations should be set aside because brochure provisions because enrollees and 4069c–1; subpart L also issued under they violated the Administrative sometimes do not have brochures. Since sec. 599C of Pub. L. 101–513, 104 Stat. 2064, Procedure Act in that they became a dispute about a claim must be based as amended. effective before completing a comment on whether or not the claim was payable 2. In § 890.101 paragraph (a) is period. The interim regulations were under the FEHB contract and the amended by adding a definition of promulgated to provide immediate brochure sets forth those contract ‘‘covered individual’’ to read as follows: guidance and information to alleviate provisions, individuals need a brochure any burden on the FEHB enrollees in § 890.101 Definitions; time computations. in order to know whether they have a cases of possible litigation. It was OPM’s dispute. They also need a brochure to (a) * * * view that immediate implementation of Covered individual means an enrollee obtain information on the procedures regulations that clarify and more fully or a covered family member. for disputing carriers’ denials of claims. explain the proper judicial review of an Further, brochures are easily obtainable * * * * * OPM decision sustaining a health from the plan. We find that this 3. Section 890.105 is revised to read benefit plan’s denial of coverage would as follows: minimize unnecessary litigation and requirement is important in encouraging uncertainty. Thus, the interim the individual to express his or her § 890.105 Filing claims for payment or regulations were intended to more reasons in a manner that will facilitate service. clearly specify a review procedure that a successful result when there is a valid (a) General. (1) Each health benefits sometimes appeared to be unclear and dispute. carrier resolves claims filed under the was not always applied consistently. Two commenters suggested that the plan. All health benefits claims must be One commenter inquired whether the regulations be revised to require that submitted initially to the carrier of the interim regulations removed a OPM’s decision contain a notice of the covered individual’s health benefits restriction so that there was good cause covered individual’s right to bring suit. plan. If the carrier denies a claim (or a for issuing them in this form. It was We are not adopting that suggestion portion of a claim), the covered OPM’s view that the interim regulations because we are adding that information individual may ask the carrier to remove the restriction requiring that to the brochures. The brochures will reconsider its denial. If the carrier enrollees sue a health benefits carrier give complete information about the affirms its denial or fails to respond as when contesting an OPM decision that disputed claims process from the initial required by paragraph (c) of this section, affirmed the carrier’s determination that request to the carrier for reconsideration the covered individual may ask OPM to the benefit is not covered under the through the requirements for bringing review the claim. A covered individual carrier’s plan. Previously, enrollees suit when OPM concurs with the must exhaust both the carrier and OPM could not bring suit against OPM carrier’s reconsideration decision to review processes specified in this directly even though they ultimately deny the claim. section before seeking judicial review of were contesting OPM’s decision. We have also modified the regulations the denied claim. One commenter asserted that the at § 890.107(c) to clarify that recovery in (2) This section applies to covered regulations should specify that they the FEHB Program is accomplished individuals and to other individuals or have no impact on an individual’s rights through a directive from OPM to the entities who are acting on the behalf of under the Federal Sector Equal carrier to make payment according to a covered individual and who have the Employment Opportunity rule set forth the court’s order. covered individual’s specific written in 29 CFR Part 1614. That is, consent to pursue payment of the Regulatory Flexibility Act individuals who believe they have been disputed claim. discriminated against in regard to I certify that this regulation will not (b) Time limits for reconsidering a insurance benefits because of disability have a significant economic impact on claim. (1) The covered individual has 6 or another protected basis are not a substantial number of small entities months from the date of the notice to required to pursue or exhaust the because the regulations primarily affect the covered individual that a claim (or Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15179 a portion of a claim) was denied by the (2) If the carrier needs additional (iv) Make its decision based solely on carrier in which to submit a written information from the covered individual the information the covered individual request for reconsideration to the to make a decision, it must: provided with his or her request for carrier. The time limit for requesting (i) Specifically identify the review. reconsideration may be extended when information needed; (3) When OPM requests information the covered individual shows that he or (ii) State the reason the information is from the carrier, the carrier must release she was prevented by circumstances required to make a decision on the the information within 30 days after the beyond his or her control from making claim; date of OPM’s written request unless a the request within the time limit. (iii) Specify the time limit (60 days different time limit is specified by OPM (2) The carrier has 30 days after the after the date of the carrier’s request) for in its request. date of receipt of a timely-filed request submitting the information; and (4) Within 90 days after receipt of the for reconsideration to: (iv) State the consequences of failure request for review, OPM will either: (i) Affirm the denial in writing to the to respond within the time limit (i) Give a written notice of its decision covered individual; specified, as set out in paragraph (b)(2) to the covered individual and the (ii) Pay the bill or provide the service; of this section. carrier; or or (d) Carrier determinations. The carrier (iii) Request from the covered (ii) Notify the individual of the status must provide written notice to the of the review. If OPM does not receive individual or provider additional covered individual of its determination. information needed to make a decision requested evidence within 15 days after If the carrier affirms the initial denial, expiration of the applicable time limit on the claim. The carrier must the notice must inform the covered simultaneously notify the covered in paragraph (e)(3) of this section, OPM individual of: may make its decision based solely on individual of the information requested (1) The specific and detailed reasons if it requests additional information information available to it at that time for the denial; and give a written notice of its decision from a provider. The carrier has 30 days (2) The covered individual’s right to to the covered individual and to the after the date the information is received request a review by OPM; and carrier. to affirm the denial in writing to the (3) The requirement that requests for covered individual or pay the bill or OPM review must be received within 90 (5) OPM, upon its own motion, may provide the service. The carrier must days after the date of the carrier’s denial reopen its review if it receives evidence make its decision based on the evidence notice and include a copy of the denial that was unavailable at the time of its it has if the covered individual or notice as well as documents to support original decision. provider does not respond within 60 the covered individual’s position. 4. Section 890.107 is revised to read days after the date of the carrier’s notice (e) OPM review. (1) If the covered as follows: requesting additional information. The individual seeks further review of the § 890.107 Court review. carrier must then send written notice to denied claim, the covered individual (a) A suit to compel enrollment under the covered individual of its decision on must make a request to OPM to review § 890.102 must be brought against the the claim. The covered individual may the carrier’s decision. Such a request to employing office that made the request OPM review as provided in OPM must be made: enrollment decision. paragraph (b)(3) of this section if the (i) Within 90 days after the date of the carrier fails to act within the time limit carrier’s notice to the covered (b) A suit to review the legality of set forth in this paragraph (b)(2)(iii). individual that the denial was affirmed; OPM’s regulations under this part must (3) The covered individual may write (ii) If the carrier fails to respond to the be brought against the Office of to OPM and request that OPM review covered individual as provided in Personnel Management. the carrier’s decision if the carrier either paragraph (b)(2) of this section, within (c) Federal Employees Health Benefits affirms its denial of a claim or fails to 120 days after the date of the covered (FEHB) carriers resolve FEHB claims respond to a covered individual’s individual’s timely request for under authority of Federal statute (5 written request for reconsideration reconsideration by the carrier; or U.S.C. chapter 89). A covered individual within the time limit set forth in (iii) Within 120 days after the date the may seek judicial review of OPM’s final paragraph (b)(2) of this section. The carrier requests additional information action on the denial of a health benefits covered individual must submit the from the covered individual, or the date claim. A legal action to review final request for OPM review within the time the covered individual is notified that action by OPM involving such denial of limit specified in paragraph (e)(1) of this the carrier is requesting additional health benefits must be brought against section. information from a provider. OPM may OPM and not against the carrier or (4) The carrier may extend the time extend the time limit for a covered carrier’s subcontractors. The recovery in limit for a covered individual’s individual’s request for OPM review such a suit shall be limited to a court submission of additional information to when the covered individual shows he order directing OPM to require the the carrier when the covered individual or she was not notified of the time limit carrier to pay the amount of benefits in shows he or she was not notified of the or was prevented by circumstances dispute. time limit or was prevented by beyond his or her control from (d) An action under paragraph (c) of circumstances beyond his or her control submitting the request for OPM review this section to recover on a claim for from submitting the additional within the time limit. health benefits: information. (2) In reviewing a claim denied by the (1) May not be brought prior to (c) Information required to process carrier, OPM may: exhaustion of the administrative requests for reconsideration. (1) The (i) Request that the covered individual remedies provided in § 890.105; covered individual must put the request submit additional information; (2) May not be brought later than to the carrier to reconsider a claim in (ii) Obtain an advisory opinion from December 31 of the 3rd year after the writing and give the reasons, in terms of an independent physician; year in which the care or service was applicable brochure provisions, that the (iii) Obtain any other information as provided; and denied claim should have been may in its judgment be required to make (3) Will be limited to the record that approved. a determination; or was before OPM when it rendered its 15180 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations decision affirming the carrier’s denial of rinderpest or FMD exists. Subpart C in these comments are discussed below benefits. applies to certain animal semen. by topic. Subpart B currently allows for the [FR Doc. 96–8373 Filed 4–4–96; 8:45 am] Treatment-Based Import Conditions importation of embryos from cattle (Bos BILLING CODE 6325±01±P indicus and Bos taurus) from countries Most of the comments stated that our where rinderpest or FMD exists only if regulations for importing embryos embryos are produced, collected, and should be completely revised. The DEPARTMENT OF AGRICULTURE handled under certain conditions. commenters advocated a treatment- However, research 1 has demonstrated based approach to preventing the Animal and Plant Health Inspection importation of disease via embryos, Service that the same conditions effectively ensure that embryos from all species of rather than the disease prevention/ 9 CFR Part 98 cattle, and from swine, and from disease avoidance system we now have, ruminants other than cattle, including which is based on serologic testing. [Docket No. 94±006±2] camelids and cervids, can also be We have carefully considered these imported into the United States from comments. We are constantly reviewing Importation of Embryos From our regulations to ensure that they Ruminants and Swine From Countries countries where rinderpest or FMD exists without significant risk of reflect the latest proven technology and Where Rinderpest or Foot-and-Mouth are as effective as possible. The Disease Exists introducing these diseases. At this time, only Bos indicus and Bos proposed regulations published in June, AGENCY: Animal and Plant Health taurus cattle embryos may be imported 1995, included the regulatory changes Inspection Service, USDA. into the United States from countries we believe are technically sound and ACTION: Final rule. where rinderpest or FMD exists. The most needed and desirable at this time. available gene pool for swine and However, we intend to review all the SUMMARY: We are amending the ruminants other than cattle cannot be regulations in part 98. At that time, we regulations to allow, under specified enlarged by using embryos from animals will consider whether we should adopt conditions, the importation of embryos in countries where rinderpest or FMD a treatment-based approach for any from all ruminants, including cervids, exists. Because of this, U.S. livestock diseases. If we determine that changes camelids, and all species of cattle, and interests, except cattle-related interests, are warranted, we will publish proposed from swine from countries where cannot fully participate in the growing regulations for public comment in the rinderpest or foot-and-mouth disease international market in germ plasm. Federal Register. exists. The regulations currently provide On June 6, 1995, we published in the Applying Same Requirements to Other for importing only embryos from certain Federal Register (60 FR 29781–29784, Species species of cattle in countries where Docket No. 94–006–1) a proposal to Our regulations currently apply only rinderpest or foot-and-mouth disease amend the regulations in subpart B to to embryos from Bos taurus and Bos exists. Research now indicates that allow embryos from all ruminants, indicus cattle from countries where foot- embryos from all species of cattle, from including cervids and camelids, from and-mouth disease or rinderpest exists. ruminants other than cattle, and from countries where rinderpest or FMD Many of the commenters questioned the swine, which are produced, collected, exists, to be imported into the United scientific basis for our proposal to allow and handled under certain conditions in States under the same conditions under importation of other species and countries where rinderpest or foot-and- which Bos indicus and Bos taurus cattle expressed the belief that it would cause mouth disease exists, can be imported embryos may be imported from those ‘‘undue risk’’ or that it was ‘‘not without with virtually no risk of introducing countries into the United States. Also, risk.’’ communicable diseases of livestock into we proposed to amend the regulations the United States. This action will make Our regulations require embryos for in subpart B to allow embryos from importation to be washed. Washing additional sources of genetic material swine from countries where rinderpest available to domestic animal breeders. removes some disease agents. It is or FMD exists to be imported into the correct that the washing procedures EFFECTIVE DATE: April 5, 1996. United States under conditions that are required under our regulations have not FOR FURTHER INFORMATION CONTACT: Dr. the same as those for Bos indicus and been tested for efficacy against all Roger Perkins, Staff Veterinarian, Import Bos taurus cattle embryos, except with disease agents specific to swine, or Animals Program, National Center for respect to the specific diseases for against all disease agents of all species Import and Export, VS, APHIS, 4700 which we would screen. of ruminants. However, this is not River Road Unit 38, Riverdale, MD We solicited comments concerning necessary as our regulations are based 20737–1231, (301) 734–8170. our proposal for 60 days ending August on serologic testing of the donor 7, 1995. We received 30 comments by SUPPLEMENTARY INFORMATION: animals. Under proposed § 98.15, we that date. They were from individuals would require donor dams to be Background and groups involved with veterinary obtained from herds which have been The regulations in 9 CFR part 98 medicine, from a State Department of free of all diseases of concern for at least (referred to below as the regulations) Agriculture, and from individuals, 1 year before embryo collection and govern the importation of animal germ businesses, and associations interested require donor dams to be tested and plasm so as to prevent the introduction in artificial insemination (AI). found free of all diseases of concern. In of contagious diseases of livestock or Of the 30 comments received, 2 were this way we would ensure that embryos poultry into the United States. Subpart supportive. Of the others, 23 were from donor animals are free of diseases A of part 98 applies to ruminant and identical form letters. The issues raised which would pose a disease threat to swine embryos from countries free of U.S. livestock. rinderpest and foot-and-mouth disease 1 Information about pertinent research may be obtained from the Animal and Plant Health Washing Embryos With Trypsin (FMD), and to embryos of horses and Inspection Service, Veterinary Services, National asses. Subpart B applies to certain cattle Center for Import-Export, 4700 River Road Unit 38, Many of the commenters suggested embryos from countries where Riverdale, Maryland 20737–1231. we amend the regulations to require that Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15181 bovine embryos be washed with trypsin. proposed regulations based on this processing. Section 98.17(b) provides Trypsin is an enzyme. It weakens the comment. that an ‘‘official veterinarian’’ must attachment between infectious bovine One commenter asked us to test supervise embryo collection. An rhinotracheitis virus (IBRV) and imported embryos for diseases in ‘‘official veterinarian’’ is either an embryos. Washing embryos with water addition to those listed in the proposed APHIS veterinarian or a full-time alone removes other disease agents of regulations as ‘‘diseases of concern.’’ salaried veterinarian of the national concern to APHIS; adding trypsin Another commenter stated that scrapie government of the country of origin. We allows IBRV to be removed. should be included as a ‘‘disease of believe not only that an APHIS Our regulations require embryos for concern.’’ This same commenter also veterinarian can best perform this importation into the United States to be stated that the regulations should function, but that when an APHIS washed at least 10 times (see include safeguards to ensure that swine veterinarian supervises the work, we § 98.17(f)(3)). The regulations do not embryos cannot transmit pseudorabies can better verify, on-site, that require washing with trypsin—any or any other virus. requirements and procedures are met. importer may use trypsin if he or she The diseases listed in the regulations We are further amending § 98.17, wishes to. We do not believe it is are those we consider the most paragraphs (b) and (g), to specify that an desirable at this time to require all dangerous. We require serologic testing APHIS veterinarian must supervise, in embryos to be washed with trypsin. and other measures to ensure that person, certain procedures. Included are Although trypsin offers protection embryos that could transmit these collecting, pooling, freezing, and against IBRV, we do not believe the cost diseases are not imported (see §§ 98.14 sending test samples to the Foreign of requiring it to be used for all bovine through 98.17 of the current regulations, Animal Disease Diagnostic Laboratory, embryos is justified. and proposed §§ 98.15). With regard to and collecting, processing, and storing Under our current regulations, pseudorabies, § 98.15(a) of our proposal embryos. These are the crucial stages of however, we may require specific lists pseudorabies as a disease of embryo collection and processing. We embryos to be washed with trypsin. concern for swine. With regard to believe they require the closest possible Section 98.17, paragraph (f)(6) states: scrapie, we have published proposed supervision to ensure that requirements ‘‘The Administrator may require regulations designed to ensure that and procedures are met. additional measures to be taken in embryos which could transmit scrapie processing embryos after collection (for are imported into the United States Publish Import Protocols example, adding trypsin to the washes) under conditions where they do not Commenters stated that import if he or she determines that such pose a threat to the health of livestock protocols for individual countries measures are necessary to ensure the in the United States (see Docket No. 94– should be ‘‘mentioned’’ in the embryos freedom from infectious agents 085–2, published May 11, 1995, at 60 regulations and that APHIS should that may cause communicable FR 25151–25162). consider all diseases present in the diseases.’’ As stated in § 98.17(f)(6), In addition to the diseases listed in country of origin. Import protocols for circumstances that may result in such the regulations, we test embryos for individual countries do take into additional measures being required other diseases if other diseases exist in account all diseases that are present in include, but are not limited to: (1) The the country of origin that could pose a that country. Import protocols are existence of communicable diseases of threat to U.S. livestock. For these constantly changed, sometimes daily, livestock, other than the diseases reasons, we do not believe our proposed depending on the disease situation in specifically listed, in the country of regulations need to be amended based that country, the requirements of foreign origin, and (2) a high prevalence or an on these comments. governments, and many other factors. increase in the incidence of a Protocols exist for numerous countries. On-Site Compliance communicable disease in the country of At the time an importer applies for an origin. One commenter suggested we add import permit, he or she is given up-to- specific on-site compliance validation Diseases of Concern date information on the particular procedures to ensure that imported import requirements that apply to the One commenter objected to our listing embryos have been prepared and embryos they wish to import. Our vesicular stomatitis as a ‘‘disease of shipped properly. Other commenters offices also provide current information concern’’ in § 98.15 of the proposed rule stated that we need to amend our to anyone who calls or writes because vesicular stomatitis is present regulations to provide for enforcement concerning the protocols for a particular in the United States. We agree that of import protocols. country. Under these circumstances, we vesicular stomatitis is present in the We have carefully considered these do not believe the regulations need to be United States. Brucellosis and comments and determined that changes changed based on these comments. tuberculosis, also listed in our proposed in the regulations are warranted. We are rule as ‘‘diseases of concern’’ are also therefore amending §§ 98.16 and Emergency Preparedness and Post-Entry present in the United States. These are 98.17(b). Section 98.16 is amended to Surveillance diseases for which we have Federal or require that an APHIS veterinarian Several commenters stated that Federal-State cooperative control and inspect and approve embryo collection APHIS needs to be adequately prepared eradication programs. We want to units as meeting our requirements. to handle a foreign animal disease prevent the importation of embryos Requirements for embryo collection outbreak in the United States. which could transmit vesicular units are listed in § 98.16. However, the Our regulations are designed to offer stomatitis, brucellosis, or tuberculosis to regulations have not included any multiple levels of security. One level livestock in this country. Infected mechanism for ensuring that the consists of requirements designed to embryos imported into this country requirements are met. We believe this prevent the introduction of foreign would be additional sources of deficiency in the regulations will be animal diseases into the United States. infection. This would make it more corrected by this amendment. We are The regulations in this rulemaking are difficult to control and eradicate these also amending § 98.17(b) to require that in this category. Another level consists diseases in the United States. For this an APHIS veterinarian supervise all of requirements designed to control and reason, we are making no changes in the stages of embryo collection and eradicate livestock and poultry diseases 15182 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations within the United States, and to regulate Therefore, based on the rationale set that we were particularly interested in the interstate transportation of animals, forth in the proposed rule and in this determining the number and kind of including poultry, and animal products document, we are adopting the small entities that might incur benefits to prevent the spread of diseases and provisions of the proposal as a final rule or costs from implementation of the pests. These regulations are contained with the changes discussed in this rule. Other than the comment discussed in the Code of Federal Regulations, Title document. above under the heading ‘‘Economic 9, chapter I, subchapters B and C. In Miscellaneous Analysis,’’ none of the comments we addition, APHIS maintains a staff received addressed our Initial devoted to emergency planning and We are amending several sections of Regulatory Flexibility Analysis, and preparedness, to contain and eradicate the regulations in part 98 to add Office none provided any information of the any outbreak of animal disease in the of Management and Budget (OMB) type we requested. We have therefore United States that should occur. control numbers for previously based this Final Regulatory Flexibility For these reasons, we believe APHIS approved information collection and Analysis on the data available to us. is adequately prepared to handle an recordkeeping requirements. We did not The annual value of cattle embryos outbreak of a foreign animal disease, propose to amend these sections in the imported during the past several years should that occur. proposed rule of June 6, 1995. However, has averaged in the hundreds of Several commenters also suggested adding OMB control numbers to the thousands of dollars. We do not expect that we include a post-entry regulations is a minor administrative this rule change to result in a significant surveillance program as part of our change and does not affect the increase in cattle embryo imports, since regulations. As explained above, our regulations substantively. demand will continue to be multi-level system of regulation is Effective Date predominantly for the Bos indicus and designed to ensure that foreign animal This is a substantive rule that relieves Bos taurus species. However, APHIS diseases are not introduced into the does foresee the importation of embryos United States. Our controls on restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made of other species, such as water buffalo importation include requirements that and certain breeds of sheep and goats we be notified of the destination of effective less than 30 days after publication in the Federal Register. from Africa. embryos. Our domestic animal At present, ruminants and swine from identification system, coupled with This rule will allow the importation of embryos from all ruminants, including countries where rinderpest or foot-and- requirements concerning interstate mouth disease exists may only enter the transportation of animals, allow us to cervids, camelids, and all species of cattle, and from swine from countries United States following quarantine at trace animals which may be infected the Harry S Truman Animal Import with disease. These programs have where rinderpest or foot-and-mouth disease exists. This action will make Center (HSTAIC). Allowing embryos of worked effectively for many years. In additional ruminant species and swine the case of embryos from sheep and additional sources of genetic material available to domestic animal breeders. to be imported will enable importers to goats that may be affected with scrapie, Therefore, the Administrator of the forgo quarantine and other costs of we have published proposed regulations Animal and Plant Health Inspection importing live animals. For example, we requiring that these embryos be Service has determined that this rule estimate that the cost to importers of imported only into flocks or herds should be effective less than 30 days importing approximately 500 Boer goats participating in the Voluntary Scrapie after publication in the Federal from South Africa would average more Flock Certification Program (see Docket Register. than $2,000 per animal for quarantine in 94–085–2, published May 11, 1995, at HSTAIC. This does not include testing, 60 FR 25151–25162). All animals in Executive Order 12866 and Regulatory post-quarantine clean-up expenses, and flocks and herds participating in this Flexibility Act other costs associated with importing program are under our surveillance. This rule has been reviewed under animals through HSTAIC. In addition, Additional post-entry surveillance Executive Order 12866. The rule has importers must undergo the requirements would not appear to been determined to be not significant for inconvenience and uncertainty of increase the effectiveness of most of our the purposes of Executive Order 12866 lottery selection (including submitting a programs, but would add costs for both and, therefore, has not been reviewed by cashier’s check of $32,000 for each APHIS and for the regulated industries. the Office of Management and Budget. application for the lottery), must bear We are therefore not making any This rule allows the importation of the costs of qualifying animals for changes in this document based on certain embryos from swine and importation through HSTAIC, and must these comments. ruminants, including camelids, cervids, assume the risk that animals may not Economic Analysis and all species of cattle, from countries qualify for importation after quarantine. where rinderpest or foot-and-mouth One commenter questioned the value Quarantine-related costs could easily disease exists, under restrictions that exceed the cost of implanting an we placed on embryos imported into the appear adequate to prevent the United States. In our proposed rule of imported embryo. Savings in introduction or dissemination of transporting embryos rather than live June 6, 1995 (see 60 FR 29782), we rinderpest, foot-and-mouth disease, and stated that cattle embryos imported into animals, both before and after entry into other communicable diseases of the United States, will also be realized. the United States ‘‘during the past livestock. several years has averaged in the This final rule contains paperwork As part of the proposed rule and recordkeeping requirements. Under hundred of thousands of dollars.’’ This document published June 6, 1995, we data is from the Foreign Agricultural this rule, import permits and health invited comments concerning potential certificates will be required for all Trade of the United States, Fiscal Year effects of the proposed rule. We stated 1994 Supplement (USDA, Economic ruminant and swine embryos, as they 2 are now required for Bos indicus and Service). includes a table showing that cattle embryos imported into the United States were valued at Bos taurus cattle embryos. These 2 Page 298 of the Foreign Agricultural Trade of the $160,000 during FY 1992, $228,000 during FY requirements have been approved by the United States, Fiscal Years 1994 Supplement 1993, and $219,000 during FY 1994. Office of Management and Budget. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15183

The alternatives to this final rule are (Approved by the Office of Management and and revising it to read as set forth below; to take no action, or to allow the Budget under control number 0579–0040.) and by designating the second sentence importation of embryos under different 3. The heading for subpart B is as paragraph (a)(8)(ii). conditions than those adopted in this revised to read as set forth above. § 98.15 Health requirements. rule. We did not consider taking no 4. Section 98.11 is amended by action a reasonable alternative, because removing the definition of Cattle, and * * * * * it would, in our opinion, prohibit the by adding, in alphabetical order, the (a) * * * importation of embryos which pose no following definitions, to read as follows: (1) During the year before embryo significant risk of disease. We also did collection, no case of the following not consider importation under § 98.11 Definitions. diseases occurred in the embryo conditions other than those adopted a * * * * * collection unit or in any herd in which viable option. The only available Ruminant. All animals which chew the donor dam was present: research concerns embryos handled and the cud, including cattle, buffaloes, (i) Ruminant: Bovine spongiform treated using the methods required by camelids, cervids (deer, elk, moose, and encephalopathy, contagious bovine this final rule. Embryos handled and antelope), sheep, goats, and giraffes. pleuropneumonia, foot-and-mouth treated using other methods have not Swine. The domestic hog and all disease, Rift Valley fever, rinderpest, or been tested. We therefore have no data varieties of wild hogs. vesicular stomatitis; or demonstrating that other methods * * * * * (ii) Swine: African swine fever, foot- would be adequate to prevent the and-mouth disease, hog cholera, importation of rinderpest, foot-and- §§ 98.12, 98.13, 98.14 [Amended] pseudorabies, rinderpest, swine mouth disease, and other communicable 5. In the following sections, the word vesicular disease, or vesicular diseases of livestock. ‘‘Cattle’’ is removed and the words stomatitis. ‘‘Ruminant and swine’’ are added in its (2) During the year before embryo Executive Order 12778 place: collection, no case of the following This rule has been reviewed under a. § 98.12(a); diseases occurred within 5 kilometers of Executive Order 12778, Civil Justice b. § 98.12(b); the embryo collection unit or in any Reform. This rule: (1) Preempts all State c. § 98.13(a); and herd in which the donor dam was and local laws and regulations that are d. § 98.14(a), the introductory text. present: inconsistent with this rule; (2) has no (i) Ruminant: Bovine spongiform § 98.13 [Amended] retroactive effect; and (3) does not encephalopathy, contagious bovine require administrative proceedings 6. Section 98.13 is amended by pleuropneumonia, foot-and-mouth before parties may file suit in court adding at the end of the section the disease, Rift Valley fever, rinderpest, or challenging this rule. following: vesicular stomatitis; or (ii) Swine: African swine fever, foot- Paperwork Reduction Act (Approved by the Office of Management and Budget under control number 0579–0040). and-mouth disease, hog cholera, In accordance with the Paperwork pseudorabies, rinderpest, swine Reduction Act of 1995 (44 U.S.C. 3501 § 98.14 [Amended] vesicular disease, or vesicular et seq.), the information collection or 7. Section 98.14 is amended by stomatitis. recordkeeping requirements included in adding at the end of the section the * * * * * this rule have been approved by the following: (5) (i) * * * Office of Management and Budget under (Approved by the Office of Management and (ii) The donor dam was determined to OMB control number 0579–0040 and Budget under control number 0579–0040). be free of foot-and-mouth disease based 0579–0120. 8. Section 98.15 is amended as upon tests of the pair of serum samples. List of Subjects in 9 CFR Part 98 follows: In addition, if any of the following a. In the introductory paragraph, by diseases exist in the country of origin, Animal diseases, Imports, Reporting removing the word ‘‘Cattle’’ and adding the donor dam was determined to be and recordkeeping requirements. the words ‘‘Ruminant and swine’’ in its free of these diseases based upon Accordingly, 9 CFR part 98 is place. additional tests of the serum samples: amended as follows: b. By revising paragraphs (a)(1) and (A) Ruminant: Contagious bovine (a)(2) to read as set forth below. pleuropneumonia, Rift Valley fever, PART 98ÐIMPORTATION OF CERTAIN c. In paragraph (a)(4), by removing the rinderpest, or vesicular stomatitis; or ANIMAL EMBRYOS AND ANIMAL word ‘‘cattle’’ and adding the words (B) Swine: African swine fever, hog SEMEN ‘‘ruminants or swine’’ in its place. cholera, pseudorabies, rinderpest, swine d. In paragraph (a)(5), by designating vesicular disease, or vesicular 1. The authority citation for part 98 is stomatitis. revised to read as follows: the first sentence as paragraph (a)(5)(i), by designating the second sentence as * * * * * Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; paragraph (a)(5)(ii) and revising it to (7) (i) Not less than 30 days nor more 21 U.S.C. 103–105, 111, 134a, 134b, 134c, read as set forth below; and by than 120 days after embryo collection, 134d, 134f, 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d). designating the third and fourth the donor dam was examined by an sentences as paragraphs (a)(5)(iii) and official veterinarian and found free of Subpart BÐRuminant and Swine (a)(5)(iv), respectively. clinical evidence of the following Embryos From Countries Where e. In paragraph (a)(7), by designating diseases: Rinderpest or Foot-and-Mouth Disease the first sentence as paragraph (a)(7)(i) (A) Ruminant: Bovine spongiform Exists and revising it to read as set forth below; encephalopathy, brucellosis, contagious and by designating the second sentence bovine pleuropneumonia, foot-and- § 98.5 [Amended] as paragraph (a)(7)(ii). mouth disease, Rift Valley fever, 2. Section 98.5 is amended by adding f. In paragraph (a)(8), by designating rinderpest, tuberculosis, and vesicular at the end of the section the following: the first sentence as paragraph (a)(8)(i) stomatitis; or 15184 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations

(B) Swine: African swine fever, artificial insemination, natural breeding, 482, Fort Worth, Texas 76101. This brucellosis, foot-and-mouth disease, hog and cleaning and disinfection, must be information may be examined at the cholera, pseudorabies, rinderpest, swine performed under the oversight of an FAA, Office of the Assistant Chief vesicular disease, tuberculosis, and APHIS veterinarian. Collecting test Counsel, 2601 Meacham Blvd., Room vesicular stomatitis. samples, and collecting, processing, and 663, Fort Worth, Texas; or at the Office * * * * * storing embryos, must be supervised in of the Federal Register, 800 North (8) (i) Between the time the embryos person by an APHIS veterinarian. Capitol Street NW., suite 700, were collected and all examinations and * * * * * Washington, DC. tests required by this subpart were FOR FURTHER INFORMATION CONTACT: Mr. completed, no animals in the embryo § 98.35 [Amended] Charles Harrison, Aerospace Engineer, collection unit with the donor dam, or 11. Section 98.35 is amended by FAA, Rotorcraft Directorate, Rotorcraft in the donor dam’s herd of origin, adding at the end of the section the Certification Office, 2601 Meacham exhibited any clinical evidence of: following: Blvd., Fort Worth, Texas 76137, (A) Ruminant: Bovine spongiform (Approved by the Office of Management and telephone (817) 222–5447, fax (817) encephalopathy, brucellosis, contagious Budget under control number 0579–0040) 222–5959. bovine pleuropneumonia, foot-and- Done in Washington, DC, this 2nd day of SUPPLEMENTARY INFORMATION: A mouth disease, Rift Valley fever, April 1996. proposal to amend part 39 of the Federal rinderpest, tuberculosis, and vesicular Lonnie J. King, Aviation Regulations (14 CFR part 39) to stomatitis; or Administrator, Animal and Plant Health include an airworthiness directive (AD) (B) Swine: African swine fever, Inspection Service. that is applicable to BHTI Model 214ST brucellosis, foot-and-mouth disease, hog [FR Doc. 96–8471 Filed 4–4–96; 8:45 am] helicopters, serial numbers (S/N) 28101 cholera, pseudorabies, rinderpest, swine BILLING CODE 3410±34±P through 28132, with a tailboom vesicular disease, tuberculosis, and assembly, part number (P/N) 214–031– vesicular stomatitis. 003–111 or 214–031–003–277, and with * * * * * DEPARTMENT OF TRANSPORTATION an emergency float kit, P/N 214–706– 9. Section 98.16 is amended as 120, installed, was published in the follows: Federal Aviation Administration Federal Register on November 1, 1995 a. In the introductory paragraph, the (60 FR 55495). That action proposed to first sentence, by removing the word 14 CFR Part 39 require inspections of the tailboom ‘‘Cattle’’ and adding the words [Docket No. 95±SW±26±AD; Amendment assembly for cracks within 250 hours ‘‘Ruminant and swine’’ in its place. 39±9561; AD 96±07±12] time-in-service (TIS) or at the next 180- b. In the introductory paragraph, by day float inspection, and thereafter, at revising the second sentence to read as Airworthiness Directives; Bell each 180-day float inspection until set forth below. Helicopter Textron, Inc., Model 214ST certain modifications of the tailboom are c. In paragraph (b), the first sentence, Helicopters accomplished. The modifications, by removing the word ‘‘cattle’’ and which are to be accomplished if any AGENCY: Federal Aviation adding the words ‘‘embryo donors’’ in crack is found in the tailboom or on or Administration, DOT. its place. before accumulating an additional 500 ACTION: Final rule. hours TIS after the effective date of this § 98.16 The embryo collection unit. AD, whichever occurs first, include SUMMARY: This amendment adopts a ** * The embryo collection unit installing stiffeners and doublers in the new airworthiness directive (AD), may be located on the premises where tailboom, and replacing the access door applicable to Bell Helicopter Textron, the donor dam’s herd of origin is kept, frame with a thicker access door frame. Inc. (BHTI) Model 214ST helicopters or at any other location, provided that Interested persons have been afforded with certain tailboom assemblies and a the embryo collection unit has been an opportunity to participate in the certain emergency float kit installed, inspected and approved by an APHIS making of this amendment. No that requires initial and repetitive veterinarian and that the following comments were received on the inspections of the tailboom for cracks requirements are met: proposal or the FAA’s determination of until modifications of the tailboom are the cost to the public. The FAA has * * * * * accomplished. This amendment is determined that air safety and the 10. Section 98.17 is amended as prompted by several reports of cracks in public interest require the adoption of follows: the lower aft skin of the tailboom a. By revising paragraph (b)(1) to read the rule as proposed. assembly. The actions specified by this The FAA estimates that six as set forth below. AD are intended to prevent cracks in the b. In paragraph (g), by adding, at the helicopters of U.S. registry will be tailboom assembly, which could result affected by this AD, that it will take end of the first and second sentences: in structural failure of the tailboom and ‘‘under the personal supervision of an approximately 20 work hours per subsequent loss of control of the helicopter to accomplish the APHIS veterinarian’’. helicopter. c. By adding at the end of the section modifications, approximately 3 work the following: ‘‘(Approved by the Office DATES: Effective May 10, 1996. hours per helicopter to accomplish the of Management and Budget under The incorporation by reference of 250 hours TIS inspection, and that the control number 0579–0040)’’. certain publications listed in the average labor rate is $60 per work hour. regulations is approved by the Director Required parts will cost approximately § 98.17 Procedures. of the Federal Register as of May 10, $1,100 per helicopter. Based on these (a) * * * 1996. figures, the total cost impact of the AD (b) Oversight and supervision. (1) All ADDRESSES: The service information on U.S. operators is estimated to be procedures associated with the referenced in this AD may be obtained $14,880. production of embryos for importation from Bell Helicopter Textron, Inc., The regulations adopted herein will into the United States, including Attention: Customer Support, P.O. Box not have substantial direct effects on the Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15185

States, on the relationship between the provided in paragraph (d) to request approval (g) This amendment becomes effective on national government and the States, or from the FAA. This approval may address May 10, 1996. on the distribution of power and either no action, if the current configuration Issued in Fort Worth, Texas, on March 26, eliminates the unsafe condition, or different 1996. responsibilities among the various actions necessary to address the unsafe Larry M. Kelly, levels of government. Therefore, in condition described in this AD. Such a accordance with Executive Order 12612, request should include an assessment of the Acting Manager, Rotorcraft Directorate, it is determined that this final rule does effect of the changed configuration on the Aircraft Certification Service. not have sufficient federalism unsafe condition addressed by this AD. In no [FR Doc. 96–8384 Filed 4–4–96; 8:45 am] implications to warrant the preparation case does the presence of any modification, BILLING CODE 4910±13±M of a Federalism Assessment. alteration, or repair remove any helicopter For the reasons discussed above, I from the applicability of this AD. certify that this action (1) is not a Compliance: Required as indicated, unless DEPARTMENT OF HEALTH AND ‘‘significant regulatory action’’ under accomplished previously. To prevent cracks in the tailboom HUMAN SERVICES Executive Order 12866; (2) is not a assembly, structural failure of the tailboom ‘‘significant rule’’ under DOT and subsequent loss of control of the Food and Drug Administration Regulatory Policies and Procedures (44 helicopter, accomplish the following: FR 11034, February 26, 1979); and (3) (a) Within the next 250 hours time-in- 21 CFR Part 520 will not have a significant economic service (TIS) or at the next 180-day float Oral Dosage Form New Animal Drugs; impact, positive or negative, on a inspection, whichever occurs first, and Ivermectin with Pyrantel Pamoate substantial number of small entities thereafter at intervals not to exceed each 180- day float inspection, visually inspect the under the criteria of the Regulatory AGENCY: Food and Drug Administration, Flexibility Act. A final evaluation has tailboom assembly for cracks in accordance with the maintenance procedures contained HHS. been prepared for this action and it is in Part 1 of the Accomplishment Instructions ACTION: Final rule. contained in the Rules Docket. A copy of BHTI Alert Service Bulletin 214ST–95–72, of it may be obtained from the Rules dated July 24, 1995. SUMMARY: The Food and Drug Docket at the location provided under (b) Upon discovery of a crack or on or Administration (FDA) is amending the the caption ADDRESSES. before accumulating an additional 500 hours animal drug regulations to reflect TIS after the effective date of this AD, approval of a supplemental new animal List of Subjects in 14 CFR Part 39 whichever occurs first, modify the tailboom drug application (NADA) filed by Merck Air transportation, Aircraft, Aviation assembly in accordance with Part 2 of the Research Laboratories, Division of safety, Incorporation by reference, Accomplishment Instructions of BHTI Alert Merck & Co., Inc., for a chewable tablet Service Bulletin No. 214ST–95–72, dated Safety. July 24, 1995. containing ivermectin in combination with pyrantel pamoate. The product is Adoption of the Amendment (c) Modification of the tailboom assembly in accordance with paragraph (b) constitutes used to prevent canine heartworm Accordingly, pursuant to the terminating action for the requirements of disease and to treat and control ascarid authority delegated to me by the this AD. and hookworm infections in dogs. The Administrator, the Federal Aviation (d) An alternative methods of compliance supplemental NADA provides for Administration amends part 39 of the or adjustment of the compliance time that extending the use in dogs to those Federal Aviation Regulations (14 CFR provides an acceptable level of safety may be weighing less than 5 pounds and for part 39) as follows: used when approved by the Manager, Rotorcraft Certification Office. Operators revising the limitation in the regulation concerning use in dogs under 6 weeks PART 39ÐAIRWORTHINESS shall submit their requests through an FAA Principal Maintenance Inspector, who may of age. DIRECTIVES concur or comment and then send it to the EFFECTIVE DATE: April 5, 1996. 1. The authority citation for part 39 Manager, Rotorcraft Certification Office. FOR FURTHER INFORMATION CONTACT: continues to read as follows: Note 2: Information concerning the Marcia K. Larkins, Center for Veterinary existence of approved alternative methods of Authority: 49 U.S.C. 106(g), 40113, 44701. Medicine (HFV–112), Food and Drug compliance with this AD, if any, may be Administration, 7500 Standish Pl., obtained from the Rotorcraft Certification § 39.13 [Amended] Office. Rockville, MD 20855, 301–594–0614. 2. Section 39.13 is amended by (e) Special flight permits may be issued in SUPPLEMENTARY INFORMATION: Merck adding a new airworthiness directive to accordance with sections 21.197 and 21.199 Research Laboratories, Division of read as follows: of the Federal Aviation Regulations (14 CFR Merck & Co., Inc., P.O. Box 2000, AD 96–07–12 Bell Helicopter Textron, Inc. 21.197 and 21.199) to operate the helicopter Rahway, NJ 07065, filed supplemental (BHTI): Amendment 39–9561. Docket to a location where the requirements of this NADA 140–971, which provides for No. 95–SW–26–AD. AD can be accomplished. extending the use of Heartgard-30 Plus (f) The inspections and modifications shall Applicability: Model 214ST helicopters, (ivermectin with pyrantel pamoate) to be done in accordance with Bell Helicopter dogs weighing less than 5 pounds. In serial number (S/N) 28101 through 28132, Textron, Inc. Alert Service Bulletin 214ST– with a tailboom assembly, part number (P/N) 95–72, dated July 24, 1995. This addition, the limitation in the 214–031–003–111 or 214–031–003–277 and incorporation by reference was approved by regulation, ‘‘Not to be used in dogs with an emergency float kit, P/N 214–706– the Director of the Federal Register in under 6 weeks of age.’’, is being 120, installed, certificated in any category. accordance with 5 U.S.C. 552(a) and 1 CFR corrected to read ‘‘Recommended for Note 1: This AD applies to each helicopter part 51. Copies may be obtained from Bell dogs 6 weeks of age and older.’’ The identified in the preceding applicability Helicopter Textron, Inc., Attention: Customer product is used to prevent canine provision, regardless of whether it has been Support, P.O. Box 482, Fort Worth, Texas heartworm disease by eliminating the modified, altered, or repaired in the area 76101. Copies may be inspected at the FAA, tissue larval stages of Dirofilaria immitis subject to the requirements of this AD. For Office of the Assistant Chief Counsel, 2601 helicopters that have been modified, altered, Meacham Blvd., Room 663, Fort Worth, for 30 days after infection, and for the or repaired so that the performance of the Texas; or at the Office of the Federal Register, treatment and control of adult ascarids requirements of this AD is affected, the 800 North Capitol Street, NW., suite 700, Toxocara canis and Toxascaris leonina, owner/operator must use the authority Washington, DC. and adult hookworms Ancylostoma 15186 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations caninum and Uncinaria stenocephala. 2. Section 520.1196 is amended by proposed rule to establish procedures to The supplement is approved as of revising the section heading and in order the temporary suspension of February 15, 1996, and the regulations paragraph (c)(1)(iii) by revising the approval of a PMA for a medical device. are amended in § 520.1196 (21 CFR second sentence to read as follows: Interested persons were given until 520.1196) by revising the limitation in December 13, 1993, to comment on the paragraph (c)(1)(iii) as above to reflect § 520.1196 Ivermectin and pyrantel proposed rule. The agency received four pamoate chewable tablet. the correct limitation as is stated in the comments, one from a trade association, approved product labeling. The basis of * * * * * and three from manufacturers. (c) * * * approval is discussed in the freedom of II. Summary of the Final Rule information summary. (1) * * * In addition, the heading of § 520.1196 (iii) * * * Recommended for dogs 6 Section 9 of the SMDA (Pub. L. 101– is revised from ‘‘pyrantel (as pamoate weeks of age and older. * * * 629) amended section 515(e) of the salt)’’ to ‘‘pyrantel pamoate’’ in order to * * * * * Federal Food, Drug, and Cosmetic Act conform with titles of other sections. Dated: March 28, 1996. (the act) (21 U.S.C. 360e(e)) by adding In accordance with the freedom of section 515(e)(3) of the act which Robert C. Livingston, provides the agency with the authority information provisions of part 20 (21 Director, Office of New Animal Drug CFR part 20) and § 514.11(e)(2)(ii) (21 to temporarily suspend approval of a Evaluation, Center for Veterinary Medicine. PMA. This authority applies to the CFR 514.11(e)(2)(ii)), a summary of [FR Doc. 96–8362 Filed 4–4–96; 8:45 am] safety and effectiveness data and original PMA, as well as any PMA information submitted to support BILLING CODE 4160±01±F supplement(s), for a medical device. approval of this application may be seen Section 515(e)(3) of the act and new § 814.47, the implementing regulation, in the Dockets Management Branch 21 CFR Part 814 (HFA–305), Food and Drug provide the agency with a prompt Administration, 12420 Parklawn Dr., [Docket No. 93N±0047] method of removing dangerous devices from the market pending resolution of rm. 1–23, Rockville, MD 20857, between RIN 0910±AA09 9 a.m. and 4 p.m., Monday through permanent PMA or PMA supplement Friday. Medical Devices; Temporary withdrawal proceedings. Under section 512(c)(2)(F)(iii) of the Suspension of Approval of a Under § 814.47(a), FDA will issue an Federal Food, Drug, and Cosmetic Act, Premarket Approval Application order temporarily suspending approval this supplemental NADA qualifies for a of a PMA or a PMA supplement when 3-year marketing exclusivity period AGENCY: Food and Drug Administration, FDA determines that there is a beginning February 15, 1996, because HHS. reasonable probability that continued new clinical or field investigations ACTION: Final rule. distribution of the device would cause (other than bioequivalence or residue serious, adverse health consequences or SUMMARY: The Food and Drug studies) essential to the approval were death. Administration (FDA) is establishing Pursuant to § 814.47(b), when FDA conducted or sponsored by the procedures to order the temporary makes the requisite determination, FDA applicant. The exclusivity period suspension of approval of a premarket shall provide an opportunity for an applies only to use in animals weighing approval application (PMA) for a informal hearing to determine whether less than 5 pounds. to issue an order temporarily The agency has carefully considered medical device. This action is being suspending approval of a PMA or a the potential environmental effects of taken under a new authority granted to PMA supplement. Such an informal this action. FDA has concluded that the the agency by the Safe Medical Devices hearing is to be initiated and conducted action will not have a significant impact Act of 1990 (the SMDA). Under this new by FDA pursuant to part 16 (21 CFR part on the human environment, and that an authority, if, after providing an 16). Generally, under § 814.47(b)(2), the environmental impact statement is not opportunity for an informal hearing, person provided with notice of an required. The agency’s finding of no FDA determines there is a reasonable opportunity for an informal hearing will significant impact and the evidence probability that continued distribution have not less than 3 working days after supporting that finding, contained in an of a device would cause serious, adverse receipt of the notice to request a environmental assessment, may be seen health consequences or death, the hearing. Moreover, the informal hearing in the Dockets Management Branch agency shall, by order, temporarily ordinarily will not be held less than 2 (address above) between 9 a.m. and 4 suspend approval of a PMA, and working days after receipt of the request p.m., Monday through Friday. proceed expeditiously, but within 60 days, to permanently withdraw for the hearing, in order to provide time List of Subjects in 21 CFR Part 520 approval of the PMA. The final rule also for preparation. However, in those rare Animal drugs. clarifies that these procedures apply to circumstances when FDA believes that Therefore, under the Federal Food, an original PMA, as well as any PMA immediate action to remove a dangerous Drug, and Cosmetic Act and under supplement(s), for a medical device. device from the market is necessary to authority delegated to the Commissioner EFFECTIVE DATE: May 6, 1996. protect the public health, the agency of Food and Drugs and redelegated to FOR FURTHER INFORMATION CONTACT: Lisa may waive, suspend, or modify the the Center for Veterinary Medicine, 21 A. Rooney, Center for Devices and above-referenced timeframes in CFR part 520 is amended as follows: Radiological Health (HFZ–84), Food and accordance with § 10.19 (21 CFR 10.19) Drug Administration, 2094 Gaither Rd., and § 16.60(h). PART 520ÐORAL DOSAGE FORM Rockville, MD 20850, 301–594–4765, Under § 814.47(b)(3), a PMA holder’s NEW ANIMAL DRUGS ext. 164. or a PMA supplement holder’s failure to SUPPLEMENTARY INFORMATION: request a hearing within the timeframe 1. The authority citation for 21 CFR specified by FDA in the notice of part 520 continues to read as follows: I. Background opportunity for a hearing, which is Authority: Sec. 512 of the Federal Food, In the Federal Register of October 12, generally not less than 3 working days, Drug, and Cosmetic Act (21 U.S.C. 360b). 1993 (58 FR 52729), FDA published a is deemed a waiver of the hearing. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15187

Pursuant to § 814.47(c), if the PMA or above-referenced timeframes in a particular class III device which was PMA supplement holder does not accordance with § 10.19 and 16.60(h). approved under the subject PMA or request a hearing or after an informal Furthermore, FDA amended PMA supplement, pending permanent hearing, FDA shall, by order, § 814.47(d) to specify a timeframe withdrawal of the device’s PMA or PMA temporarily suspend approval of a PMA within which FDA must initiate supplement approval. Thus, there may or PMA supplement if the agency permanent withdrawal of PMA or PMA be circumstances in which FDA could determines there is a reasonable supplement approval after issuing an invoke both authorities. probability that continued distribution order temporarily suspending PMA or The threshold criteria for invoking the of the device would cause serious, PMA supplement approval. FDA medical device recall authority and the adverse health consequences or death. concluded that following issuance of an authority to temporarily suspend In accordance with § 814.47(d), FDA order temporarily suspending approval approval of a PMA or PMA supplement shall proceed expeditiously, but within of a PMA or a PMA supplement, the are identical. Under both authorities, 60 days, to permanently withdraw agency will proceed expeditiously, but FDA will issue orders only when FDA approval of the PMA or PMA within 60 days, to permanently determines there is a reasonable supplement. withdraw approval of the PMA or the probability that continued distribution PMA supplement. of a device would cause serious, adverse III. Clarification of the Proposed Rule health consequences or death. V. Relationship Between Temporary Furthermore, under both authorities, This final rule clarifies that the Suspension of Approval of a PMA or FDA must provide the person subject to procedures for ordering the temporary PMA Supplement and Medical Device the order and the holder of the approved suspension of approval of a PMA apply Recall Authority to both the original PMA and any PMA PMA or PMA supplement for the device The SMDA provided FDA with, supplement(s) for a medical device. A with an opportunity for an informal among other things, the authority to PMA supplement is a supplemental hearing. In both situations, the informal issue orders to temporarily suspend the application for approval of a change hearing is to be conducted by FDA approval of a PMA or a PMA affecting the safety or effectiveness of a pursuant to part 16. supplement and to recall medical device for which there is an approved If FDA determines that there is a devices. PMA (see §§ 814.3(g) and 814.39). As reasonable probability that continued Section 8 of the SMDA amended distribution of a currently marketed discussed in the preamble to part 814 section 518 of the act (21 U.S.C. 360h) class III medical device would cause (21 CFR part 814) (51 FR 26342 at by adding a new subsection (e) entitled serious, adverse health consequences or 26354, July 22, 1986), when an ‘‘Recall Authority.’’ Section 518(e)(1) of death, the agency may invoke its applicant submits a PMA supplement the act provides that, if FDA finds that medical device recall authority as well for a change in an approved device, the there is a reasonable probability that a as its authority to temporarily suspend applicant has, in effect, submitted a new device intended for human use would approval of the PMA or PMA PMA for the ‘‘new’’ (changed) device. cause serious, adverse health supplement for the device. If both For this reason, FDA has concluded that consequences or death, FDA shall issue authorities are invoked, the medical the authority provided by section an order requiring the appropriate device recall informal hearing will be 515(e)(3) of the act applies to both person to immediately cease combined with the temporary PMA’s and PMA supplement(s). distribution of the device, immediately suspension of approval of a PMA or IV. Changes from the Proposed Rule notify health professionals and device PMA supplement informal hearing. This user facilities of the order, and instruct combined informal hearing will occur Although the agency maintained the such professionals and facilities to cease after FDA makes the requisite finding, basic framework of the proposed rule, use of the device. Section 518(e)(2) of issues a cease distribution and FDA modified the proposed rule in the act states that, after providing an notification order, and issues a letter of order to be consistent and compatible opportunity for an informal hearing, intent to temporarily suspend approval with the medical device recall authority FDA may amend the cease distribution of a PMA or PMA supplement. This and to address concerns raised in the and notification order to require a recall combined informal hearing does not comments. Several comments raised of the device. FDA’s medical device eliminate the PMA or PMA supplement due process concerns that resulted in recall authority may be invoked for any holder’s opportunity for an informal FDA clarifying proposed § 814.47(b) and class of device. hearing prior to FDA permanently modifying proposed § 814.47(d). This recall authority may be invoked withdrawing approval of a PMA or PMA FDA clarified that the hearing for targeted purposes, for example, supplement (see section 515(e)(1) of the provided for in § 814.47(b) will be when FDA wants an individual to act). conducted, whenever possible, in temporarily cease distribution and/or accordance with the procedures set out recall certain lots, batches, or models of VI. Summary and Analysis of in part 16. Thus, under § 814.47(b)(2), class I, class II, or class III devices Comments and FDA’s Response the person offered an opportunity for an which are located either in-house or on 1. One comment noted that the informal hearing ordinarily will have the market until such devices are proposed rule, which states that ‘‘FDA not less than 3 working days after brought into compliance; or, the recall may initiate and conduct a regulatory receipt of the notice to request a authority may be used more broadly to hearing to determine whether to issue hearing. Moreover, the informal hearing cease distribution and/or recall all an order temporarily suspending ordinarily will not be held less than 2 models, batches, or lots of a approval of the PMA’’ (§ 814.47(b)(1)), working days after receipt of the request manufacturer’s device. On the other implies that FDA can use its own for the hearing. However, in hand, the agency’s authority to discretion in determining whether or extraordinary cases, if FDA believes that temporarily suspend approval of a PMA not to hold a hearing prior to immediate action to remove a dangerous or a PMA supplement is invoked only temporarily suspending PMA approval device from the market is necessary to in the latter circumstance, when FDA and is contrary to section 515(e)(1) and protect the public health, the agency wants a manufacturer to cease (e)(3) of the act and to the preamble of may waive, suspend, or modify the marketing all models, batches, or lots of the proposed rule itself (see 58 FR 15188 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations

52729). Thus, it was urged that the final same comment noted that, under challenging recall orders would have rule unequivocally state that FDA will § 10.19, waiver of prehearing greater opportunities to defend provide the manufacturer with an requirements is only allowed ‘‘if no themselves than persons affected by opportunity for an informal hearing participant will be prejudiced, the ends PMA suspension orders. prior to temporarily suspending PMA of justice will thereby be served, and the As noted above, FDA is seeking to approval. action is in accordance with the law.’’ make as consistent and parallel as FDA agrees with this comment. Under According to this comment, waiver of possible the procedures for recalling a final § 814.47(b), FDA must give the §§ 16.22(b) and 16.24(e) would violate device and temporarily suspending PMA or PMA supplement holder notice section 515(e)(3) of the act, which approval of a PMA or PMA supplement. and an opportunity for a regulatory requires the opportunity for an informal Moreover, it is important to point out hearing under part 16 prior to hearing. the additional protections that exist for temporarily suspending PMA or PMA FDA agrees that the hearing provided PMA holders. Under section 515(e)(1) of supplement approval. However, for in § 814.47(b)(2) should be the act, FDA must provide notice and an whether or not a regulatory hearing is conducted, whenever possible, within opportunity for an informal hearing actually conducted depends on the the timeframes set out in part 16. Thus, before issuing an order for permanent decision of the PMA or PMA in accordance with § 16.22(b) of this withdrawal of PMA or PMA supplement supplement holder. If the PMA or PMA chapter, under § 814.47(b)(2), the person approval. Additionally, a PMA or PMA supplement holder does not request a offered an opportunity for an informal supplement holder may petition for regulatory hearing within the timeframe hearing ordinarily will have not less review of a section 515(e)(1) order specified by FDA in the notice of than 3 working days after receipt of the pursuant to section 515(g) of the act. opportunity for a hearing, then FDA notice to request a hearing. Section 515(g)(1) of the act provides may temporarily suspend approval of Furthermore, pursuant to § 16.24(e), the ‘‘[u]pon petition for review of * * * an the PMA or PMA supplement without a informal hearing ordinarily will not be order * * * withdrawing approval of an hearing. On the other hand, if the PMA held less than 2 working days after [PMA] application * * * the Secretary or PMA supplement holder requests the receipt of the request for the hearing. shall * * * hold a hearing * * *. The regulatory hearing within the timeframe However, under § 16.60(h), the panel or panels which considered the specified by FDA in the notice of Commissioner or the presiding officer application * * * shall designate a opportunity for a hearing, then FDA has the power to waive any part 16 member to appear and testify at any must conduct the hearing before provision. According to § 10.19, part 16 such hearing upon request of the temporarily suspending approval of the provisions can only be suspended, Secretary, the petitioner, or the officer holder’s PMA or PMA supplement. modified, or waived if no participant conducting the hearing * * *. Upon 2. Under § 814.47(b)(2), if FDA will be prejudiced, the ends of justice completion of such hearing and after believes that immediate action to will thereby be served, and the action is considering the record established in remove a dangerous device from the in accordance with the law. FDA can such hearing, the Secretary shall issue market is necessary to protect the public waive, modify, or suspend the an order either affirming the order health, FDA may, pursuant to § 16.60(h), timeframes associated with the subject to the hearing or reversing such waive or modify any part 16 procedure regulatory hearings relating to order and, as appropriate, * * * in accordance with § 10.19. A comment suspension of PMA or PMA supplement reinstating the application’s noted that in this situation FDA can approvals as long as the PMA or PMA approval * * *.’’ Thus, a PMA or PMA waive § 16.24(e), which states that a supplement holder is given notice and supplement holder is provided with hearing may not be required to be held an opportunity for an informal hearing additional opportunities for a hearing at a time less than 2 working days after as required by section 515(e)(3) of the prior to permanent withdrawal of PMA receipt of the request for a hearing. This act. In extraordinary cases, FDA could or PMA supplement approval. comment recommended that, at the very give the PMA holder notice, conduct a 4. Another comment suggested that least, § 16.60(h) should not apply to hearing, and render a decision on the FDA’s reliance upon H. Rept. 808, 101st § 16.24(e). Another comment urged that same day. This would be consistent Cong., 2d sess. 31 for authority to give the agency should not be allowed, under with Congress’ intent that, for temporary notice, conduct a hearing, and render a § 16.60(h), to waive the notice suspension action, the informal hearing, judicial decision within 1 day is requirements of § 16.24(e), which states when necessary, should be analogous to misplaced because this legislative that a hearing may not be required to be a temporary restraining order (TRO) history relates to hearings, not informal held at a time less than 2 working days hearing that could result in notice, a hearings. after receipt of the request for a hearing hearing, and a judicial decision in a FDA disagrees with this comment. and § 16.22(b), which gives a person at single day if immediate action to The hearing referred to in the legislative least 3 days after receiving notice of an remove a dangerous device from the history clearly pertains to the informal opportunity for a hearing to request one. market is absolutely necessary to protect hearing discussed in section 515(e)(3) of The comment urged that waiver of these the public health. (See H. Rept. 808, the act even though Congress used the sections would violate a PMA holder’s 101st Cong., 2d sess. 31 (1990).) term ‘‘hearing,’’ rather than ‘‘informal due process rights. Additionally, it was Expedited hearing procedures under hearing’’ in the legislative history. contended that §§ 16.22(b) and 16.24(e) section 513(e) of the act, therefore, Moreover, FDA can give notice, conduct cannot be waived because §§ 10.19 and would be in accordance with the law. a hearing, and render a decision in 1 16.60(h) do not permit FDA to waive However, FDA believes that most day and still satisfy the informal hearing notice requirements. The comment temporary suspension hearings will be requirements found in section 201(x) of requested that FDA insert language conducted within the timeframes set out the act. However, as discussed in granting an informal hearing as defined in part 16. response to comment 2 of this in section 201(x) of the act (21 U.S.C. 3. Another comment stated that document, FDA anticipates that 321(x)) and specifying that notice of at enacting this rule as proposed, i.e., temporary suspension hearings will least 10 calendar days is required prior authorizing FDA to suspend, modify, or almost always be conducted in to the issuance of an order temporarily waive any part 16 procedures, would accordance with the timeframes set out suspending approval of a PMA. This create a procedure whereby persons in part 16. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15189

5. A comment suggested that there is including those which may be either been incorporated in § 814.3(k) for no need for this rule because FDA can life-threatening, or involve permanent consistency. simply request a PMA holder to or long-term injuries, but excluding 10. A comment requested that the immediately stop distributing the those nonlife-threatening injuries which rule allow a manufacturer to voluntarily product or, if a PMA holder fails to are temporary and reasonably reversible. withdraw a product before FDA issues comply with this request, FDA can issue (See S. Rept. 513, 101st Cong., 2d sess. an order temporarily suspending an order under FDA’s recall authority to 19 (1990).) The definition has been approval of the PMA. stop distribution of a device which changed to reflect the legislative history FDA agrees that a manufacturer can threatens the public health. definition. voluntarily withdraw a PMA or PMA FDA disagrees with this comment. FDA also has revised the definition of supplement before FDA issues an order Congress gave FDA two separate, though serious, adverse health consequences in temporarily suspending approval of the overlapping, authorities to remove § 814.3(l) by deleting the following application. In fact, FDA will ordinarily dangerous devices from the market. sentence: ‘‘Injuries attributable to a encourage the manufacturer to FDA will use one or both of these device that are treatable and reversible voluntarily withdraw its application mechanisms, depending upon particular by standard medical techniques, before FDA issues a temporary circumstances. As noted earlier, FDA proximate in time to the injury, are not suspension order. However, if FDA’s has made the two procedures as included within the term’s definition.’’ attempts are unsuccessful or if FDA consistent and parallel as possible in The legislative history makes clear that chooses not to urge voluntary order to minimize confusion should the idea captured in the second withdrawal initially, FDA will follow both authorities be invoked. sentence of the proposed definition was the procedures for temporarily 6. All comments noted that proposed intended only to further explain the suspending approval of the § 814.47(d) failed to define the term type of injury that would trigger manufacturer’s PMA or PMA ‘‘proceed expeditiously’’ and requested temporary suspension Id. FDA has made supplement. Because a voluntary that the final rule specify a timeframe the same revision in the medical device withdrawal of the application renders within which FDA must initiate recall regulation. moot the need for FDA to suspend its permanent withdrawal of PMA approval 8. One comment said that the approval, there is no need to include after issuing an order temporarily preamble to the proposed rule suggested this procedure in the final rule. suspending PMA approval. The that application of section 515(e)(3) of comments suggested that FDA begin the the act turns on the judgment of VII. Environmental Impact permanent withdrawal proceedings whether, if distribution of the devices The agency has determined under 21 within 10 to 30 days after issuing the continues, one or more individual CFR 25.24(a)(8) that this action is of a temporary suspension order and devices would be more likely than not type that does not individually or conclude the proceedings within 30 to to cause serious, adverse health cumulatively have a significant effect on 60 days after issuing the temporary consequences or death. The comment the human environment. Therefore, suspension order. stated that this statement in the neither an environmental assessment FDA agrees with the goal expressed in preamble erroneously implies that one nor an environmental impact statement these comments. FDA has concluded device is enough to allow FDA to order is required. that following the issuance of an order a temporary PMA suspension. VIII. Analysis of Impacts temporarily suspending approval of a FDA believes this comment PMA or PMA supplement, the agency misunderstands FDA’s intent. FDA FDA has examined the impacts of the will proceed expeditiously, but within emphasizes that application of section final rule under Executive Order 12866 60 days, to hold a hearing on whether 515(e)(3) of the act does not turn on and the Regulatory Flexibility Act (Pub. to permanently withdraw approval of whether a particular percentage of L. 96–354). Executive Order 12866 the PMA or PMA supplement. Based on devices would cause serious, adverse directs agencies to assess all costs and prior experience, FDA has determined health consequences or death, but rather benefits of available regulatory that 60 days is sufficient time for both on the judgment of whether it is more alternatives and, when regulation is a PMA holder and FDA to prepare for likely than not that serious, adverse necessary, to select regulatory an informal hearing which is required to health consequences or death will result approaches that maximize net benefits be held prior to permanently if distribution of the device continues. (including potential economic, withdrawing approval of a PMA, if such 9. A comment urged that the environmental, public health and safety, a hearing is requested. Section 814.14(d) definition of ‘‘reasonable probability’’ and other advantages; distributive has been amended accordingly. found in proposed § 814.3 be made impacts; and equity). The agency 7. A comment requested that the consistent with the February 1988 believes that this final rule is consistent ‘‘serious, adverse health consequences’’ CDRH Medical Device Reporting with the regulatory philosophy and definition found in proposed § 814.3 be Questions and Answers document, p. principles identified in the Executive changed. It was suggested that the 22, for reportable malfunctions, which Order. In addition, the final rule is not words ‘‘long range’’ be replaced with defines ‘‘likely’’ in terms of both a a significant regulatory action as defined ‘‘long term’’ because ‘‘long term’’ is a qualitative and quantitative evaluation by the Executive Order and so is not phrase that is more precise, that of the likelihood that a recurrence of the subject to review under the Executive conforms to the legislative history, and malfunction will cause or contribute to Order. that is more familiar to medical device a death or serious injury. The Regulatory Flexibility Act manufacturers. (See S. Rept. 513, 101st FDA disagrees with this comment. requires agencies to analyze regulatory Cong., 2d sess. 19 (1990).) The legislative history of section options that would minimize any FDA agrees with this comment. The 515(e)(3) of the act states that a significant impact of a rule on small legislative history surrounding section ‘‘reasonable probability’’ is ‘‘one where entities. Because this rule only 515(e)(3) of the act states that the term it is more likely than not that the event establishes the procedures by which ‘‘serious, adverse health consequences’’ will occur.’’ (See S. Rept. 513, 101st FDA will implement its authority for the means: any significant adverse Cong., 2d sess. 19 (1990).) The same temporary suspension of approval of experience attributable to a device, ‘‘reasonable probability’’ definition has premarket approval applications, by 15190 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations itself it imposes no burdens on distribution of a device subject to an ACTION: Final rule. manufacturers. Thus, the agency approved PMA would cause serious, certifies that the final rule will not have adverse health consequences or death, SUMMARY: By statute the monthly rates a significant economic impact on a FDA may initiate and conduct a of basic educational assistance payable substantial number of small entities. regulatory hearing to determine whether to veterans and servicemembers under Therefore, under the Regulatory to issue an order temporarily the Montgomery GI Bill —Active Duty Flexibility Act, no further analysis is suspending approval of the PMA. must be adjusted each fiscal year. In required. (2) Any regulatory hearing to accordance with the statutory formula, determine whether to issue an order the regulations governing rates of basic List of Subjects in 21 CFR Part 814 temporarily suspending approval of a educational assistance payable under Administrative practice and PMA shall be initiated and conducted the Montgomery GI Bill—Active Duty procedure, Confidential business by FDA pursuant to part 16 of this for fiscal year 1995 (October 1, 1994 information, Medical devices, Medical chapter. If FDA believes that immediate through September 30, 1995) are research, Reporting and recordkeeping action to remove a dangerous device changed to show a 1.22% increase. requirements. from the market is necessary to protect EFFECTIVE DATE: April 5, 1996. Therefore, under the Federal Food, the public health, the agency may, in FOR FURTHER INFORMATION CONTACT: Drug, and Cosmetic Act and under accordance with § 16.60(h) of this June authority delegated to the Commissioner chapter, waive, suspend, or modify any C. Schaeffer, Assistant Director for of Food and Drugs, 21 CFR part 814 is part 16 procedure pursuant to § 10.19 of Policy and Program Administration, amended as follows: this chapter. Education Service, Veterans Benefits (3) FDA shall deem the PMA holder’s Administration (202) 273–7187. PART 814ÐPREMARKET APPROVAL failure to request a hearing within the SUPPLEMENTARY INFORMATION: Under the OF MEDICAL DEVICES timeframe specified by FDA in the formula mandated by 38 U.S.C. 3015(g) 1.The authority citation for 21 CFR notice of opportunity for hearing to be and section 12009 of the Omnibus part 814 continues to read as follows: a waiver. Budget Reconciliation Act of 1993 (Pub. Authority: Secs. 501, 502, 503, 510, 513– (c) Temporary suspension order. If the L. 103–66) for fiscal year 1995, the rates 520, 701, 702, 703, 704, 705, 708, 721, 801 PMA holder does not request a of basic educational assistance under of the Federal Food, Drug, and Cosmetic Act regulatory hearing or if, after the the Montgomery GI Bill—Active Duty (21 U.S.C. 351, 352, 353, 360, 360c–360j, 371, hearing, and after consideration of the payable to students pursuing a program 372, 373, 374, 375, 379, 379e, 381). administrative record of the hearing, of education full time must be increased 2. Section 814.3 is amended by adding FDA determines that there is a by one-half of the percentage that the new paragraphs (k) and (l) to read as reasonable probability that the total of the monthly Consumer Price follows: continued distribution of a device under Index-W for July 1, 1993 through June an approved PMA would cause serious, 30, 1994 exceeds the total of the § 814.3 Definitions. adverse health consequences or death, monthly Consumer Price Index-W for * * * * * the agency shall, under the authority of July 1, 1992 through June 30, 1993. (k) Reasonable probability means that section 515(e)(3) of the act, issue an Under this formula, the changes to the it is more likely than not that an event order to the PMA holder temporarily regulations governing monthly rates will occur. suspending approval of the PMA. reflect a 1.22% increase. (l) Serious, adverse health (d) Permanent withdrawal of approval It should be noted that some veterans consequences means any significant of the PMA. If FDA issues an order will receive an increase in monthly adverse experience, including those temporarily suspending approval of a payments that will be less than 1.22%. which may be either life-threatening or PMA, the agency shall proceed The increase does not apply to involve permanent or long term injuries, expeditiously, but within 60 days, to additional amounts payable by the but excluding injuries that are nonlife- hold a hearing on whether to Secretary of Defense to individuals with threatening and that are temporary and permanently withdraw approval of the skills or a specialty in which there is a reasonably reversible. PMA in accordance with section critical shortage of personnel (so-called 3. New § 814.47 is added to subpart C 515(e)(1) of the act and the procedures ‘‘kickers’’). It does not apply to to read as follows: set out in § 814.46. supplemental educational assistance. It Dated: March 28, 1996. § 814.47 Temporary suspension of also does not apply to amounts payable approval of a PMA. William K. Hubbard, for dependents. Veterans who (a) Scope. (1) This section describes Associate Commissioner for Policy previously had eligibility under the the procedures that FDA will follow in Coordination. Vietnam Era GI Bill receive monthly exercising its authority under section [FR Doc. 96–8361 Filed 4–4–96; 8:45 am] payments that are in part based upon 515(e)(3) of the act (21 U.S.C. BILLING CODE 4160±01±F basic educational assistance and in part 360e(e)(3)). This authority applies to the based upon the rates payable under the original PMA, as well as any PMA Vietnam Era GI Bill. Only that portion supplement(s), for a medical device. DEPARTMENT OF VETERANS attributable to basic educational (2) FDA will issue an order AFFAIRS assistance is increased by 1.22%. temporarily suspending approval of a Although 38 U.S.C. 3015(g) requires PMA if FDA determines that there is a 38 CFR Part 21 only that the full-time rates be reasonable probability that continued increased, these revisions include RIN 2900±AH14 distribution of the device would cause increases for other training also. serious, adverse health consequences or Veterans Education: Increase in Rates Monthly rates payable to veterans in death. Payable Under the Montgomery GI apprenticeship or other on-job training (b) Regulatory hearing. (1) If FDA BillÐActive Duty, 1994±95 or cooperative training are set by statute believes that there is a reasonable at a given percentage of the full-time probability that the continued AGENCY: Department of Veterans Affairs. rate. Hence, any rise in the full-time rate Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15191 automatically requires an increase in the Approved: March 28, 1996. Training period Monthly rates for these types of training. Jesse Brown, rate 38 U.S.C. 3015 (a) and (b) require that Secretary of Veterans Affairs. First six months of pursuit of pro- the Department of Veterans Affairs (VA) For the reasons set out in the gram ...... $303.66 pay part-time students at appropriately Second six months of pursuit of reduced rates. Since the first student preamble, 38 CFR part 21 (subpart K) is program ...... 222.68 became eligible for assistance under the amended as set forth below. Remaining pursuit of program ...... 141.71 Montgomery GI Bill—Active Duty in 1985, VA has paid three-quarter-time PART 21ÐVOCATIONAL (Authority: 38 U.S.C. 3015, 3032(c); sec. students and one-half-time students at REHABILITATION AND EDUCATION 12009(c), Pub. L. 103–66, 107 Stat. 416) 75% and 50% of the full-time rate, * * * * * respectively. Students pursuing a Subpart KÐAll Volunteer Force (c) Rates for some veterans whose program of education at less than one Educational Assistance Program (New initial obligated period of active duty is half but more than one-quarter-time GI Bill) less than three years. If a veteran has have had their payments limited to 50% established eligibility under § 21.7042, or less of the full-time rate. Similarly, 1. The authority citation for part 21, but the veteran’s service is not described students pursuing a program of subpart K is revised to read as follows: in paragraph (a)(2) of this section, the education at one-quarter-time or less Authority: 38 U.S.C. 501(a), chs. 30, 36, monthly rate of educational assistance have had their payments limited to 25% unless otherwise noted. payable to the veteran will be or less of the full-time rate. Changes are determined by this paragraph. made consistent with the authority and 2. In § 21.7136, paragraph (b)(3) is (1) Except as provided in paragraphs formula described in this paragraph. amended by removing ‘‘$320’’ and (c)(2), (c)(3), and (d) of this section, the Nonsubstantive changes also are made adding, in its place, ‘‘$323.90 for monthly rate of basic educational for the purpose of clarity. training that occurs after September 30, assistance payable to a veteran for 1994, and before October 1, 1995’’; training that occurs after September 30, The changes set forth in this final rule 1994, and before October 1, 1995, is the are applied retroactively from the paragraph (c)(3) is amended by rate stated in the following table. effective date of the statutory changes. removing ‘‘$260’’ and adding, in its place, ‘‘$263.18 for training that occurs Substantive changes made by this after September 30, 1994, and before Monthly final rule merely reflect statutory Training rate October 1, 1995,’’; and paragraphs (b)(1), requirements and adjustments made based on previously established (b)(2), (c) introductory text, (c)(1), and Full time ...... $328.97 (c)(2) and their authority citations are 3¤4 time ...... 246.73 formulas. Accordingly, there is a basis 1 for dispensing with prior notice and revised, to read as follows: ¤2 time ...... 164.49 Less than 1¤2 but more than 1¤4 comment and delayed effective date § 21.7136 Rates of payment of basic time ...... 164.49 provisions of 5 U.S.C. 552 and 553. educational assistance. 1¤4 time or less ...... 82.24 The Secretary of Veterans Affairs * * * * * hereby certifies that this final rule will (Authority: 38 U.S.C. 3015, 3032(c); sec. not have a significant economic impact (b) Rates. (1) Except as provided in 12009(c), Pub. L. 103–66, 107 Stat. 416) paragraphs (b)(2), (b)(3), and (d) of this on a substantial number of small entities (2) The monthly rate of educational as they are defined in the Regulatory section, the monthly rate of basic assistance payable to a veteran for Flexibility Act, 5 U.S.C. 601–612. This educational assistance payable for pursuit of an apprenticeship or other final rule directly affects only training that occurs after September 30, on-job training that occurs after individuals and does not directly affect 1994, and before October 1, 1995, to a September 30, 1994, and before October small entities. Pursuant to 5 U.S.C. veteran whose service is described in 1, 1995, is the rate stated in the 605(b), this final rule, therefore, is paragraph (a) of this section is the rate following table. exempt from the initial and final stated in the following table. regulatory flexibility analyses Training period Monthly requirements of §§ 603 and 604. Monthly rate Training rate The Catalog of Federal Domestic First six months of pursuit of pro- Assistance number for the program affected Full time ...... $404.88 gram ...... $246.73 by this final rule is 64.124. 3¤4 time ...... 303.66 Second six months of pursuit of 1 program ...... 180.93 List of Subjects in 38 CFR Part 21 ¤2 time ...... 202.44 Less than 1¤2 but more than 1¤4 Remaining pursuit of program ...... 115.14 Administrative practice and time ...... 202.44 procedure, Armed forces, Civil rights, 1¤4 time or less ...... 101.22 (Authority: 38 U.S.C. 3015, 3032(c); sec. Claims, Colleges and universities, 12009(c), Pub. L. 103–66, 107 Stat. 416) Conflict of interests, Defense (Authority: 38 U.S.C. 3015; sec. 12009(c), * * * * * Department, Education, Employment, Pub. L. 103–66, 107 Stat. 416) 3. In § 21.7137, paragraph (c)(2) Entitlement programs-education, introductory text is amended by Entitlement programs-veterans, Health (2) If a veteran’s service is described removing ‘‘rates’’ and adding, in its care, Loan programs-education, Loan in paragraph (a) of this section, the place, ‘‘rates for training that occurs programs-veterans, Manpower training monthly rate payable to the veteran for after September 30, 1994, and before programs, Reporting and recordkeeping pursuit of an apprenticeship or other October 1, 1995’’; paragraph (c)(2)(i) is requirements, Schools, Travel and on-job training that occurs after amended by removing ‘‘$588.00’’ and transportation expenses, Veterans, September 30, 1994, and before October adding, in its place, ‘‘$592.88’’; Vocational education, Vocational 1, 1995, is the rate stated in the paragraph (c)(2)(ii) is amended by rehabilitation. following table. removing ‘‘$441.00’’ and adding, in its 15192 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations place, ‘‘$445.16’’; paragraph (c)(2)(iii) is and (a)(2) and their authority citations (1) Except as provided in paragraphs amended by removing ‘‘$294.00’’ and are revised, to read as follows: (a)(2), (b), and (c) of this section, the adding, in its place, ‘‘$296.44’’; monthly rate of basic educational § 21.7137 Rates of payment of basic paragraph (c)(2)(iv) is amended by educational assistance for individuals with assistance for training that occurs after removing ‘‘$147.00’’ and adding, in its remaining entitlement under 38 U.S.C. ch. September 30, 1994, and before October place, ‘‘$148.22’’; and paragraphs (a)(1) 34. 1, 1995, is the rate stated in the (a) Minimum rates. *** following table.

Monthly rate Additional for Training No One Two each addi- dependents dependent dependents tional de- pendent

Full time ...... $592.88 $628.88 $659.88 $16.00 3¤4 time ...... 445.16 471.66 495.16 12.00 1¤2 time ...... 296.44 314.44 329.94 8.50 Less than 1¤2 but more than 1¤4 time ...... 296.44 1¤4 time ...... 148.22 Cooperative ...... 445.50 465.90 485.50 9.20

(Authority: 38 U.S.C. 3015(c), 3015(f), 3015(g); sec. 12009(c), Pub. L. 103–66, 107 Stat. 416) (2) For veterans pursuing an apprenticeship or other on-job training, the monthly rate of basic educational assistance for training that occurs after September 30, 1994, and before October 1, 1995, is the rate stated in the following table.

Monthly rate Additional for Training period No One Two each addi- dependents dependent dependents tional de- pendent

1st 6 months of pursuit of program ...... $406.41 $418.79 $429.66 $5.25 2nd 6 months of pursuit of program ...... 279.06 288.41 296.11 3.85 3rd 6 months of pursuit of program ...... 165.51 171.63 176.36 2.45 Remaining pursuit of program ...... 153.61 159.38 164.63 2.45

(Authority: 38 U.S.C. 3015(d), 3015(f), hog, horses, and sheep from 0.5 to 4.0 ADDRESSES: Written objection and 3015(g); sec. 12009(c), Pub. L. 103–66, 107 ppm; an amended tolerance removing hearing requests, identified by the Stat. 416) the metabolite aminomethylphosphonic document control number, [PP 6F3408, * * * * * acid (AMPA) from the expression and 4F4312, 4F4338, 4F4369, FAP 4H5701, [FR Doc. 96–8301 Filed 4–4–96; 8:45 am] increasing the established tolerance for 4H5705/R2204], may be submitted to: BILLING CODE 8320±01±P soybean forage from 15 to 100 ppm; Hearing Clerk (1900), Environmental amended tolerances removing the Protection Agency, Rm. M3708, 401 M metabolite AMPA from the expressions St., SW., Washington, DC 20460. Fees ENVIRONMENTAL PROTECTION for the established tolerances soybean, accompanying objections shall be grain at 20 ppm, and soybean, hay at AGENCY labeled ‘‘Tolerance Petition Fees’’ and 200 ppm; deletion of the established forwarded to: EPA Headquarters 40 CFR Parts 180 and 186 tolerances for soybean straw at 200 ppm; and an amended feed additive Accounting Operations Branch, OPP [PP 6F3408, 4F4312, 4F4338, 4F4369, FAP regulation removing the metabolite (Tolerance Fees), P.O. Box 360277M, 4H5701, 4H5705/R2204; FRL±5351±1] AMPA from the expression for the Pittsburgh, PA 15251. A copy of any objections and hearing request filed Pesticide Tolerances for Glyphosate established tolerance soybean hulls at 100 ppm. This rule also amends the with the Hearing Clerk should be AGENCY: Environmental Protection current tolerance for citrus fruits and identified by the document control Agency (EPA). the feed additive regulation for citrus number and submitted to: Public ACTION: Final rule. pulp, dried by removing the metabolite Response and Program Resources AMPA from the expressions and Branch, Field Operations Division SUMMARY: This document establishes increasing the tolerance for citrus fruits (7506C), Office of Pesticide Programs, tolerances and feed additive regulations from 0.2 to 0.5 ppm and increasing the Environmental Protection Agency, 401 for residues of the herbicide glyphosate tolerance for citrus pulp, dried from 1.0 M St., SW., Washington, DC 20460. In [(N-phosphonometyhyl)glycine]. The to 1.5 ppm. Monsanto Company person, bring a copy of objections and specific proposals are as follows: requested these tolerances and feed hearing requests to: Rm. 1132, CM#2, establishment of tolerances for alfalfa additive regulation in petitions 1921 Jefferson Davis Hwy., Arlington, hay at 200 parts per million (ppm), submitted to EPA pursuant to the VA 22202. A copy of objections and alfalfa forage at 75 ppm, soybean Federal Food, Drug, and Cosmetic Act hearing requests filed with the Hearing aspirated grain fractions at 50 ppm; (FFDCA). sunflower seed at 0.1 ppm, increased EFFECTIVE DATES: These regulations tolerances on the kidney of cattle, goats, become effective April 5, 1996. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15193

Clerk may also be submitted glyphosate in or on alfalfa, hay at 200 glyphosate and/or monoammonium salt electronically by sending electronic ppm and alfalfa forage at 75 ppm. of glyphosate for herbicidal and plant mail (e-mail) to: 3. PP 4F4338. Published in the growth regulator purposes and/or [email protected]. Federal Register of November 2, 1994 sodium sesqui salt of glyphosate for Copies of objections and hearing (59 FR 54907), the notice proposed to growth regulator purposes in or on the requests must be submitted as an ASCII amend 40 CFR 180.364 by establishing kidney of cattle, goats, hogs, sheep, and file avoiding the use of special a regulation permitting residues of horses at 4.0 ppm. characters and any form of encryption. glyphosate and its metabolite AMPA 2. PP 4F4338. Monsanto amended this Copies of objections and hearing resulting from the application of the petition by proposing to remove the requests will also be accepted on disks isopropylamine salt of glyphosate and/ metabolite AMPA from the expression. in WordPerfect in 5.1 file format or or the monoammonium salt of 3. PP 4F4369. Monsanto amended this ASCII file format. All copies of glyphosate in or on citrus fruits at 0.5 petition by proposing that 40 CFR objections and hearing requests in ppm. 180.364 be amended by establishing a electronic form must be identified by 4. PP 4F4369. Published in the regulation to permit residues of the the docket number [PP 6F3408, 4F4312, Federal Register of February 8, 1995 (60 herbicide glyphosate resulting from the 4F4338, 4F4369, FAP 4H5701, 4H5705/ FR 7540), the notice proposed to amend application of the isopropylamine salt of R2204]. No Confidential Business 40 CFR 180.364 by establishing a glyphosate in or on the raw agricultural Information (CBI) should be submitted regulation to permit residues of commodities (RACs) soybean grain at 20 through e-mail. Electronic copies of glyphosate resulting from the ppm, soybean forage at 100 ppm, objections and hearing requests on this application of the isopropyl amine salt soybean hay at 200 ppm, and soybean rule may be filed online at many Federal of glyphosate and/or the aspirated grain fractions at 50 ppm. Depository Libraries. Additional monoammonium salt of glyphosate in or These tolerances are to replace the information on electronic submission on soybean forage at 100 ppm. existing tolerances for soybeans, can be found below in this document. 5. PP 4H5692. Published in the soybean forage, soybean hay, and Federal Register of July 13, 1994 (59 FR soybean straw. FOR FURTHER INFORMATION CONTACT: By 35720), the notice proposed establishing 4. PP 4H5701. Monsanto amended mail, Robert J. Taylor, Product Manager a feed additive regulation to permit the this petition by deleting the feed (PM 25), Registration Division (7505C), combined residues of glyphosate and its commodity soybean, aspirated grain Office of Pesticide Programs, metabolite aminomethylphosphonic fractions at 30 ppm from this expression Environmental Protection Agency, 401 acid (AMPA) in alfalfa meal at 400 ppm. and reproposing it as a raw agricultural M St., SW., Washington, DC 20460. 6. PP 4H4701. Published in the commodity under PP 4F4369. Monsanto Office location and telephone number: Federal Register of March 16, 1995 (60 also proposed that a feed additive Rm. 241, CM #2, 1921 Jefferson Davis FR 13979), the notice proposed to regulation be established permitting Hwy., Arlington, VA, 703–305–6027; e- amend 40 CFR 186.3500 by establishing residues of glyphosate resulting from mail: [email protected]. a feed additive regulation to permit the application of the isopropylamine SUPPLEMENTARY INFORMATION: EPA residues of glyphosate resulting from salt of glyphosate and/or the issued notices in the Federal Register, the application of the isopropylamine monoammonium salt of glyphosate in or announcing that the Monsanto Co., 700 salt and/or monoammonium salt of the feed commodity soybean hulls at 14th St., NW., Suite #1100, Washington, glyphosate on the feed commodity 100 ppm. This entry would replace the DC 20005, had submitted petitions soybeans, aspirated grain fractions at 30 current entry for soybean hulls. proposing to amend 40 CFR part 180 parts per million. 5. PP 4H5705. Monsanto amended pursuant to section 408 (d) of the 7. PP 4H5705. Published in the this petition by proposing that 40 CFR Federal Food, Drug, and Cosmetic Federal Register of November 2, 1994 part 186 be amended by establishing a (FFDCA) (21 U.S.C. 346(a), and 40 CFR (59 FR 54907), the notice proposed to regulation to permit residues of part 186 under sec 409 of FFDCA (21 amend 40 CFR 185.3500 by establishing glyphosate in or on the feed commodity U.S.C. 348) by establishing regulations a feed additive regulation to permit citrus pulp, dried at 1.5 ppm. to permit the combined residues of the residues of glyphosate and its The Agency received one comment herbicide glyphosate [N- metabolite aminomethylphosphonic opposing the tolerances stated in the (phosphonomethyl)glycine] and its acid in or on citrus pulp, dried at 1.0 amended filing notices published metabolite aminomethylphosphonic ppm. September 13, 1995. The commenter’s acid (AMPA) or glyphosate in or on There were no comments or requests opposition to the tolerances was based certain raw agricultural commodities for referral to an advisory committee upon toxicological concerns including (RACs). received in response to these notices of the concept of ‘‘NOEL’’ (no observed 1. PP 6F3408. Published in the filing. effect level); the use of animal testing to Federal Register of September 13, 1995 Subsequently, the petitioner amended represent human reaction to potentially (60 FR 47578), the notice proposed several of the petitions by submitting toxic substances (pesticides); the establishing a regulation to permit revised Section F‘s. Amended filing indications of a link between pesticide combined residues of glyphosate and its notices were published in the Federal exposure and Parkinson‘s Disease (PD). metabolite AMPA in or on sunflowers at Register of September 13, 1995 (60 FR The Agency has reviewed the 0.1 ppm. 47578, 79) proposing these changes. comment and decided to proceed with 2. PP 4F4312. Published in the 1. PP 4F4312. Monsanto amended this these tolerances. The Agency, made the Federal Register of July 13, 1994 (59 FR petition by proposing that 40 CFR decision that a wide variety of 35718), the notice proposed to amend 180.364 be amended by removing the toxicological studies would serve as the 40 CFR 180.364 by establishing a metabolite AMPA from the expression basis for determining if a pesticide regulation to permit residues of and by establishing a regulation to could be requested and used without glyphosate and its metabolite AMPA permit residues of glyphosate resulting reasonable risk. It is true that animal resulting from the application of the from the application of the models do not and can not predict every isopropylamine salt of glyphosate and/ isopropylamine salt of glyphosate and/ possible human reaction to pesticides, or the monoammonium salt of or the monoammonium salt of but the general consensus is that they 15194 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations offer the best information as to what a data listed below were considered in diarrhea, nasal discharge, and deaths at pesticide might do to humans. Usually, support of these tolerances. 350 mg/kg/day (HDT). the Agency requires and reviews long- 1. Several acute toxicology studies 8. A multigeneration reproduction term studies in rodents and non-rodents placing technical-grade glyphosate in study with rats fed dosage levels of 0, to determine a dose which causes no Toxicity Category III and Toxicity 3, 10, and 30 mg/kg/day with a apparent adverse effects (NOEL). The Category IV. developmental NOEL of 10 mg/kg/day NOEL is divided by an uncertainty 2. A 1-year feeding study with dogs based on increased incidence of focal factor-often at least 100- to arrive at fed dosage levels of 0, 20, 100, and 500 tubular dilation of the kidney (both doses or exposures that should not milligrams/kilogram/day (mg/kg/day) unilateral and bilateral combined) of cause harmful effects on humans. In our with a no-observable-effect level (NOEL) male F3b pups. regulation of pesticides, the Agency of 500 mg/kg/day. 9. A two generation reproduction does not approve uses which will cause 3. A 2-year carcinogenicity study in study with rats fed dosage levels of 0, unreasonable adverse effects to humans mice fed dosage levels of 0, 150, 750, 100, 500, and 1,500 mg/kg/day with a or the environment. and 4,500 mg/kg/day with no developmental NOEL of 500 mg/kg/day The Agency understands that the carcinogenic effect at the highest dose based on decreased pup body weight testing of one pesticide does not predict tested (HDT) of 4,500 mg/kg/day. and body weight gain on lactation days 4. A chronic feeding/carcinogenicity all the possible adverse interactions 14 and 21 at 1,500 mg/kg/day (HDT), a study in male and female rats fed dosage with other pesticides—or for that matter systemic NOEL of 500 mg/kg/day based levels of 0, 3, 10, and 31 mg/kg/day other drugs or environmental pollutants. on soft stools in Fo and F1 males and (males) and 0, 3, 11, or 34 mg/kg/day The Agency is exploring ways of testing females at 1500 mg/kg/day (HDT) and a (females) with no carcinogenic effects for the interactions of pesticides having reproductive NOEL of 1500 mg/kg/day observed under the conditions of the similar toxicity endpoint, but progress (HDT). study at dose levels up to and including 10. Mutagenicity data included in that area is low. 31 mg/kg/day (HDT) (males) and 34 mg/ chromosomal aberration in vitro (no With reference to the indications of a kg/day (HDT) (females) and a systemic aberrations in Chinese hamster ovary link between pesticide exposure and NOEL of 31 mg/kg/day (HDT)(males) cells were caused with and without S9 Parkinson‘s Disease, the Agency is and 34 mg/kg/day (HDT) (females). activation); DNA repair in rat aware that many researchers are Because a maximum tolerated dose hepatocyte; in vivo bone marrow investigating the potential reaction of (MTD) was not reached, this study was cytogenic test in rats; rec-assay with B. pesticide exposures to chronic classified as supplemental for subtilis; reverse mutation test with S. neurological diseases including carcinogenicity. typhimurium; Ames test with S. Parkinson‘s Disease, and additional 5. A chronic feeding/carcinogenicity typhimurium; and dominant-lethal research is needed to study this study in male and female rats fed dosage mutagenicity test in mice (all negative). important area. Available studies in levels of 0, 89, 362, and 940 mg/kg/day The reference dose (RfD) based on a humans or animals have not yet (males) and 0, 113, 457, and 1183 mg/ developmental study with rabbits established any relationship between kg/day (females) with no carcinogenic (NOEL of 175 mg/kg/ bwt/day) and pesticide exposures and Parkinson‘s effects noted under the conditions of the using a hundred-fold safety factor is Disease. study at dose levels up to and including calculated to be 2.0 mg/kg body weight/ During the course of the review the 940/1183 mg/kg/day (males/females) day. The theoretical maximum residue Agency determined that the proposed (HDT) and a systemic NOEL of 362 mg/ contribution (TMRC) for published tolerance for alfalfa meal (59 FR 35720) kg/day (males) based on an increased tolerances and food and feed additive was not necessary since the proposed incidence of cataracts and lens regulations is 0.020733 mg/kg bwt/day tolerance on alfalfa hay will cover any abnormalities, decreased urinary pH, or 1.0 percent of the RfD for the overall residue in meal. This petition (4H5692) increased liver weight and increased U.S. population. The current actions on was withdrawn. liver weight/brain ratio (relative liver citrus fruits, citrus dried pulp, alfalfa, The filing notice for PP 6F3408 was weight) at 940 mg/kg/day (males) (HDT) kidney of cattle, goats, hog, horses, and amended by submitting a revised and 457 mg/kg/day (females) based on sheep, sunflower, and soybean forage section F deleting the metabolite AMPA decreased body weight gain 1183 mg/ will contribute 0.000726 mg/kg/bwt/day from the expression, Because this is a kg/day (females) (HDT). to the TMRC. These tolerances and the deletion of a metabolite not longer 6. A developmental toxicity study in food additive regulation will utilize a regulated by the Agency, there is no rats given doses of 0, 300, 1,000, and total of 1.0 percent of the RfD for the potential risk to humans, therefore no 3,500 mg/kg/day with a developmental overall U.S. population. additional period of public comment is NOEL of 1,000 mg/kg/day based on an For both U.S. subgroup populations, necessary. increase in number of litters and fetuses nonnursing infants and children 1 to 6 The amended notice of filing for with unossified sternebrae, and decrease years of age, the current action and 4F4369 should have included the in fetal body weight at 3,500 mg/kg/day, previously established tolerances and monoammonium salt of glyphosate in and a maternal NOEL of 1,000 mg/kg/ the food additive regulation utilize, a the expression. The amended notice of day based on decrease in body weight total of 2.5 percent of the RfD, assuming filing for 4H5701 should have not gain, diarrhea, soft stools, breathing that residue levels are at the established included reference to the salts of rattles, inactivity, red matter in the tolerance levels and that 100 percent of glyphosate. Because these corrections region of nose, mouth, forelimbs, or the crop is treated. are a correction of wording in the dorsal head, and deaths at 3,500 mg/kg/ There are no desirable data lacking for expression, there is no potential day (HDT). this pesticide. There are currently no increased risk to humans, therefore no 7. A developmental toxicity study in actions pending against the continued additional period of public comment is rabbits given doses of 0, 75, 175, and registration of this pesticide. No necessary. 350 mg/kg/day with a developmental detectable residues of N- The data submitted in the petitions NOEL of 350 mg/kg/day (HDT); a nitrosoglyphosate, a contaminant of and other relevant material have been maternal NOEL of 175 mg/kg/day based glyphosate, are expected to be present in evaluated. The glyphosate toxicological on increased incidence of soft stool, the commodities for which tolerances Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15195 are established. The carcinogenic (3) there is no evidence of genotoxicity sought by the requestor would be potential of glyphosate was first for glyphosate. Accordingly, EPA adequate to justify the action requested. considered by a panel, then called the concludes that glyphosate has not been 40 CFR 178.32. Toxicology Branch AD Hoc Committee, ‘‘found to induce cancer when ingested A record has been established for this in 1985. The Committee, in a consensus by man or animal.’’ 21 U.S.C. 348(c)(3). rulemaking under docket number [PP review dated March 4, 1985, classified The nature of the residue in plants is 6F3408, 4F4312, 4F4338, 4F4369, FAP glyphosate as a Group C carcinogen adequately understood, adequate 4H5701, 4H5705/R2204] (including based on an increased incidence of renal methodology (HPLC) with flurometric objections and hearing requests tumors in male mice. The Committee detection is available for enforcement submitted electronically as described also concluded that dose levels tested in purposes, and the methodology has below). A public version of this record, the 26-month rat study were not been published in the Pesticide including printed, paper versions of adequate for assessment of glyphosate’s Analytical Manual (PAM), Vol. II. Any electronic comments, which does not carcinogenic potential in this species. secondary residues occurring in liver of include any information claimed as CBI, These findings, along with additional cattle, goats, horses, hogs, and sheep is available for inspection from 8 a.m. to information, including a reexamination and liver and kidney of poultry will be 4:30 p.m., Monday through Friday, of the kidney slides from the long-term covered by existing tolerances. Any excluding legal holidays. The public mouse study, were referred to the FIFRA secondary residues occurring in kidney record is located in Room 1132 of the Scientific Advisory Panel (SAP). In its of cattle, goats, hogs, horses, and sheep Public Response and Program Resources report dated February 24, 1986, SAP will be covered by the 4.0 ppm Branch, Field Operations Division classified glyphosate as a Group D tolerances being established (7506C), Office of Pesticide Programs, Carcinogen (inadequate animal evidence concurrently. Environmental Protection Agency, of carcinogenic potential). SAP The pesticide is considered useful for Crystal Mall #2, 1921 Jefferson Davis concluded that, after adjusting for the the purpose for which the regulation is Highway, Arlington, VA. greater survival in the high-dose mice sought and is capable of achieving the Written objections and hearing compared to concurrent controls, that intended physical or technical effect. requests, identified by the document no statistically significant pairwise Based on the information cited above, control number [PP 6F3804, 4F4312, differences existed, although the trend the Agency has determined that the 4F4338, 4F4369, FAP 4h5701, 4H5705/ was significant. establishment of tolerances by R2204] may be submitted to the Hearing The SAP determined that the amending 40 CFR part 180 will protect Clerk (1900), Environmental Protection carcinogenic potential of glyphosate the public health, and the establishment Agency, Rm 3708, 401 M St SW., could not be determined from existing of feed additive regulations by Washington, DC 20460. A copy of data and proposed that the rat and/or amending 40 CFR part 186 will be safe. electronic objections and hearing mouse studies be repeated in order to Therefore, EPA is establishing the requests filed with the Hearing Clerk classify these equivocal findings. On tolerances and feed additive regulations can be sent directly to EPA at: reexamination of all information, the as set forth below. [email protected] Agency classified glyphosate as a Group Any person adversely affected by this D Carcinogen and requested that the rat regulation may, within 30 days after A copy of electronic objections and study be repeated and that a decision on publication of this document in the hearing requests filed with the Hearing the need for a repeat mouse study Federal Register, file written objections Clerk must be submitted as an ASCII file would be made upon completion of with the Hearing Clerk, at the address avoiding the use of special characters review of the rat study. given above. 40 CFR 178.20. A copy of and any form of encryption. Upon receipt and review of the the objections and/or hearing requests The official record for this second rat chronic feeding/ filed with the Hearing Clerk should be rulemaking, as well as the public carcinogenicity study, all toxicological submitted to the OPP docket for this version, as described above will be kept findings for glyphosate were referred to rulemaking. The objections submitted in paper form. Accordingly, EPA will the Health Effects Division must specify the provisions of the transfer any objections and hearing Carcinogenicity Peer Review Committee regulation deemed objectionable and the requests received electronically into on June 26, 1991, for discussion and grounds for the objections. 40 CFR printed, paper form as they are received evaluation of the weight of evidence on 178.25. Each objection must be and will place the paper copies in the glyphosate with particular emphasis on accompanied by the fee prescribed by official rulemaking record which will its carcinogenic potential. The Peer 40 CFR 180.33(i). If a hearing is also include all objections and hearing Review Committee classified glyphosate requested, the objections must include a requests submitted directly in writing. as a Group E (evidence of statement of the factual issue(s) on The official rulemaking record is the noncarcinogenicity for humans), based which the hearing is requested, the paper record maintained at the address upon lack of convincing carcinogenicity requestor‘s contentions on each such in ‘‘ADDRESSES’’ at the beginning of evidence in adequate studies in two issue, and a summary of any evidence this document. animal species. This classification is relied upon by the objector. 40 CFR Under Executive Order 12866 (58 FR based on the following findings: (1) 178.27. A request for a hearing will be 51735, October 4, 1993), the Agency None of the types of tumors observed in granted if the Administrator determines must determine whether the regulatory the studies (pancreatic islet cell that the material submitted shows the action is ‘‘significant’’ and therefore adenomas in male rat, thyroid c-cell following: There is a genuine and subject to review by the Office of adenomas and/or carcinomas in male substantial issue of fact; there is a Management and Budget (OMB) and the and female rats, hepatocellular reasonable possibly that available requirements of the Executive Order. adenomas and carcinomas in male rats, evidence identified by the requestor Under section 3(f), the order defines a and renal tubular neoplasms in male would, if established, resolve one or ‘‘significant regulatory action ‘‘ as an mice) were determined to be compound more issues in favor of the requestor, action that is likely to result in a rule related; (2) glyphosate was tested up to taking into account uncontested claims (1) having an annual effect on the the limit dose on the rat and up to levels or facts to the contrary; and resolution economy of $100 million or more, or higher than the limit dose in mice; and of the factual issue(s) in the manner adversely and materially affecting a 15196 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations sector of the economy, productivity, kidney; horses, kidney; and sheep, (b) A feed additive regulation is competition,jobs, the environment, kidney; and in paragraph (d) by adding established permitting residues of public health or safety, or State, local, alphabetically the raw agricultural glyphosate (N- or tribal governments or communities commodities alfalfa, forage; alfalfa, hay; (phosphonomethyl)glycine) in or on the (also referred to as ‘‘economically citrus fruits; soybeans; soybeans, grain; following feed commodities. significant’’); (2) creating serious soybeans, forage; soybeans, hay; inconsistency or otherwise interfering soybeans, aspirated grain fractions; and Commodity Parts per with an action taken or planned by sunflower seed, to read as follows: million another agency; (3) materially altering Citrus pulp, dried ...... 1.5 the budgetary impacts of entitlement, § 180.364 Glyphosate; tolerances for residues. Soybean, hulls ...... 100.0 grants, user fees, or loan programs or the rights and obligation of recipients * * * * * [FR Doc. 96–8142 Filed 4–4–96; 8:45 am] thereof; or (4) raising novel legal or (b) * * * policy issues arising out of legal BILLING CODE 6560±50±F mandates, the President‘s priorities, or the principles set forth in this Executive Parts per Commodity million Order. OFFICE OF PERSONNEL Pursuant to the terms of the Executive MANAGEMENT Order, EPA has determined that this ***** rule is not ‘‘significant’’ and is therefore Cattle, kidney ...... 4.0 48 CFR Parts 1604 and 1652 not subject to OMB review. Pursuant to RIN 3206±AG30 the requirements of the Regulatory ***** Flexibility Act (Pub. L. 96-354, 94 Stat. Goats, kidney ...... 4.0 Federal Employees Health Benefits 1164, 5 U.S.C. 601-612), the Hogs, kidney ...... 4.0 Acquisition Regulation; Filing Health Administrator has determined that ***** Benefit Claims; Addition of Contract regulations establishing new tolerances Horses, kidney ...... 4.0 Clause or raising tolerance levels or AGENCY: Office of Personnel establishing exemptions from tolerance ***** requirements do not have a significant Sheep, kidney ...... 4.0 Management. impact on a substantial number of small ACTION: Final rule. entities. A certification statement to this ***** effect was published in the Federal SUMMARY: The Office of Personnel Register of May 4, 1981 (46 FR 24950). * * * * * Management (OPM) is issuing final (d) * * * regulations to add a new contract clause List of Subjects in part 1652 of the Federal Employees Health Benefits Acquisition Regulation 40 CFR Part 180 Parts per Commodity million (FEHBAR). The clause clarifies for both Environmental protection, FEHB carriers and covered individuals Administrative practice and procedure, the circumstances under which OPM Agricultural commodities, Pesticides ***** may render a decision regarding a and pests. Alfalfa, forage ...... 75.0 covered individual who asks OPM to Alfalfa, hay ...... 200.0 40 CFR Part 186 review a health benefits plan’s denial of a claim if the plan has either affirmed ***** Environmental protection, Animal its denial when the covered individual feeds, Feed additives. Citrus, fruits ...... 0.5 Soybeans ...... 20.0 requested reconsideration, or failed to Dated: March 22, 1996. Soybeans, grain ...... 20.0 respond to the covered individual’s Stephen L. Johnson, Soybeans, aspirated grain frac- request for reconsideration as provided tions ...... 50.0 by OPM’s regulations. The clause Director, Registration Division. Office of Soybeans, forage ...... 100.0 further clarifies the circumstances under Pesticide Programs. Soybeans, hay ...... 200.0 which claimants may seek court review Sunflower seed ...... 0.1 Therefore, chapter I of title 40 of the of benefit denials under the FEHB Program. The purpose of these final Code of Federal Regulations is amended ***** as follows: regulations is to specify that covered 2. In part 186: individuals who wish to bring legal PART 180Ð[AMENDED] action regarding a denial of an FEHB PART 186Ð[AMENDED] benefit must pursue such claim against 1. In part 180: OPM. Further, the regulations clarify the a. The authority citation for part 180 a. The authority citation for part 186 administrative review process that must continues to read as follows: continues to read as follows; precede legal action in the courts. Authority: 21 U.S.C. 346a and 371. Authority: 21 U.S.C. 348. EFFECTIVE DATE: May 6, 1996. b. In § 180.364, the table in paragraph b. In § 186.3500 by removing from the FOR FURTHER INFORMATION CONTACT: (a) is amended by removing the entries table in paragraph (a) the entries for Margaret Sears, (202) 606–0004. for citrus, fruits at 0.2 ppm; soybean, citrus pulp, dried and soybean, hulls, SUPPLEMENTARY INFORMATION: On March straw at 200 ppm; soybeans at 20 ppm; and by adding new paragraph (b), to 29, 1995, OPM published interim soybeans, forage at 15 ppm; and read as follows: regulations in the Federal Register (60 soybeans, hay at 15 ppm; by revising the FR 16056) that require individuals who entries in the table to paragraph (b) for § 186.3500 Glyphosate. want to bring suit concerning the denial cattle, kidney; goats, kidney; hogs, * * * * * of their health benefits claims to bring Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15197 such suits against OPM instead of the been in place for a number of years and provisions that relate to the extent of health benefits carrier, as had been the has been working well enough that we coverage or benefits supersede and case previously. The interim regulations believe that extending the time period to preempt any State law that relates to also clarified the administrative review 45 days would unnecessarily lengthen health insurance or plans to the extent procedures that must precede legal the time required to complete the that such law is inconsistent with FEHB action in the courts, the circumstances disputed claims process. Therefore, we contractual provisions. Therefore, we under which suits may be brought have not accepted these suggestions. believe the interim regulations against OPM, and that the court’s review Two commenters said that the time accurately reflect the intent of the FEHB is limited to the record that was before period for seeking judicial review law. Further, it has been OPM’s policy, OPM when it made its decision. should be tied to the date the covered and will continue to be OPM’s policy, OPM received 11 comments on the individual receives OPM’s decision to expedite the dispute resolution interim regulations. Three commenters rather than the date the care or service process when there are issues of life and suggested that we amend the regulations was provided. One commenter health at stake. Premature involvement to clarify that the regulations apply to supported the provision basing the time of the courts at such time is providers to whom the covered limit on the date the care or service was unnecessary. The only real change made individual has assigned the right to provided and asked us not to change it. by the interim regulations was which pursue the claim. We have not accepted The interim regulations provide that party to the FEHB contracts should be this suggestion because the right of legal action on a disputed claim may not named in a suit. access to the disputed claim process be brought later than December 31 of the Two commenters said that the interim belongs to the covered individual. We 3rd year after the year in which the care regulations should be set aside because have amended the interim regulations to or service was provided. After they violated the Administrative clarify that another person or entity, considering these three comments we Procedure Act in that they became whether or not a provider, can gain have decided not to modify our effective before completing a comment access to the disputed claims process regulations at this time. This timeframe period. The interim regulations were only when acting on behalf of the reflects our brochure language over the promulgated to provide immediate covered individual and with the past several years. It is our experience guidance and information to alleviate covered individual’s specific written that this timeframe works well; any burden on the FEHB enrollees in consent. however, we will continue to monitor cases of possible litigation. It was OPM’s Two commenters thought that the all timeframes in these regulations and view that immediate implementation of one-year period for initiating the make changes as warranted. regulations that clarify and more fully disputed claims process was too long. Four commenters suggested that the explain the proper judicial review of an They suggested a 90-day period instead. regulations should explicitly state that OPM decision sustaining a health The one-year period has been OPM’s court actions are not to be brought benefit plan’s denial of coverage would policy since the disputed claims process against a carrier or a carrier’s minimize unnecessary litigation and was created in 1975. However, we subcontractors. One commenter uncertainty. Thus, the interim believe that the period can now be suggested that we amend the regulations regulations were intended to more reduced to 6 months if there are to state that the carrier is an clearly specify a review procedure that sufficient safeguards to protect the indispensable party to the lawsuit. After sometimes appeared to be unclear and interests of individuals who, because of considering these five comments, we was not always applied consistently. medical problems or for other reasons have modified the regulations to specify One commenter inquired whether the are unable to request reconsideration that court action is not to be brought interim regulations removed a within the 6 months time limit. against the carrier or the carrier’s restriction so that there was good cause Therefore, we are modifying the subcontractors. Since it is OPM’s for issuing them in this form. It was regulations to require that covered decision, not the carrier’s, that is being OPM’s view that the interim regulations individuals who want to ask the plan to contested, it is appropriate that OPM, remove the restriction requiring that reconsider its denial must do so within rather than the carriers, be the focus of enrollees sue a health benefits carrier 6 months after the denial unless the lawsuits related to denial of benefits. when contesting an OPM decision that covered individual shows that he or she Two commenters said that the interim affirmed the carrier’s determination that was prevented by a cause beyond his or regulations should be set aside because the benefit is not covered under the her control from making the request they adversely affect the covered carrier’s plan. Previously, enrollees within that time period. In addition, we individual’s right (1) of access to State could not bring suit against OPM are adding a provision to allow OPM to courts, (2) to seek monetary directly even though they ultimately reopen a decision it made concerning a compensation for damages, (3) under were contesting OPM’s decision. disputed claim if it receives evidence State law to require insurer to prove that One commenter asserted that the that was unavailable at the time OPM notice was given concerning changes in regulations should specify that they made its decision. benefits and that contract language is have no impact on an individual’s rights Two commenters said that the amount clear, (4) to have the option to go to under the Federal Sector Equal of time carriers have to respond to court without seeking OPM review, (5) Employment Opportunity rule set forth requests for reconsideration—30 days— to present evidence that OPM did not in 29 CFR Part 1614. That is, is too short, especially when the issue have when it made its determination, individuals who believe they have been is medical necessity. They suggested and (6) to seek an expedited ruling by discriminated against in regard to that the carriers be allowed 45 days, the court when life or health is at issue. insurance benefits because of disability with the option to extend the period for OPM’s regulations have never offered or another protected basis are not an additional 30 days, if necessary. such ‘‘rights.’’ The interim regulations required to pursue or exhaust the They further suggested that the carriers simply clarified that these opportunities administrative remedy provided by be given 45 days rather than 30 to are not available to covered individuals these regulations before pursuing their review additional information received under the FEHB program. The FEHB rights under 29 CFR Part 1614. Since from the covered individual or provider. law includes a provision specifically OPM has no authority concerning the In both cases, the 30-day period has stating that the FEHB contract provisions of title 29 of the Code of 15198 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations

Federal Regulations, it would not be List of Subjects in 48 CFR Parts 1604 entities who are acting on the behalf of a appropriate to address an individual’s and 1652 covered individual and who have the covered individual’s specific written consent rights under title 29 in this contract Government employees, Government clause. Instead, the circumstances under to pursue payment of the disputed claim. procurement, Health insurance. (b) Time limits for reconsidering a claim. which one may access remedies related (1) The covered individual has 6 months to title 29 should be included in title 29. Office of Personnel Management. James B. King, from the date of the notice to the covered individual that a claim (or a portion of a One commenter felt that the interim Director. regulations do not expressly prescribe claim) was denied by the Carrier in which to time limits when the carrier fails to Accordingly, OPM is amending 48 submit a written request for reconsideration make its decision within 60 days after CFR chapter 16 as follows: to the Carrier. The time limit for requesting reconsideration may be extended when the requesting, but not receiving, PART 1604ÐADMINISTRATIVE covered individual shows that he or she was information from the covered MATTERS prevented by circumstances beyond his or individual. We have modified the her control from making the request within regulations to clarify that this 1. The authority citation for parts the time limit. circumstance is included in the 1604 and 1652 continue to read as (2) The Carrier has 30 days after the date administrative process. follows: of receipt of a timely-filed request for reconsideration to: Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); One commenter objected to the (i) Affirm the denial in writing to the 48 CFR 1.301. requirement that the claimants must covered individual; express their reasons in terms of the 2. In part 1604; subpart 1604.71 is (ii) Pay the bill or provide the service; or brochure provisions because enrollees adopted as final and republished to read (iii) Request from the covered individual or sometimes do not have brochures. Since as follows: provider additional information needed to a dispute about a claim must be based make a decision on the claim. The Carrier on whether or not the claim was payable Subpart 1604.71ÐDisputed Health must simultaneously notify the covered under the FEHB contract and the Benefit Claims individual of the information requested if it brochure sets forth the contract requests additional information from a § 1604.7101 Filing Health Benefit Claims/ provider. The Carrier has 30 days after the provisions, individuals need a brochure Court Review of Disputed Claims. date the information is received to affirm the in order to know whether they have a Guidelines for a Federal Employees denial in writing to the covered individual or dispute. They also need a brochure to Health Benefit (FEHB) Program covered pay the bill or provide the service. The obtain information on the procedures individual to file a claim for payment or Carrier must make its decision based on the for disputing carriers’ denials of claims. evidence it has if the covered individual or service and for legal actions on disputed Further, brochures are easily obtainable provider does not respond within 60 days health benefit claims are found at 5 CFR from the plan. We find that this after the date of the Carrier’s notice 890.105 and 890.107, respectively. The requirement is important in encouraging requesting additional information. The contract clause at 1652.204–72 of this the individual to express his or her Carrier must then send written notice to the chapter, reflecting this guidance, must covered individual of its decision on the reasons in a manner that will facilitate be inserted in all FEHB Program claim. The covered individual may request a successful result when there is a valid contracts. OPM review as provided in paragraph (b)(3) dispute. of this clause if the Carrier fails to act within Two commenters suggested that the PART 1652ÐCONTRACT CLAUSES the time limit set forth in this paragraph. (3) The covered individual may write to regulations be revised to require that 3. In subpart 1652.2, section OPM’s decision contain a notice of the OPM and request that OPM review the 1652.204–72 is revised and adopted as Carrier’s decision if the Carrier either affirms covered individual’s right to bring suit. final to read as follows: its denial of a claim or fails to respond to a We are not adopting that suggestion covered individual’s written request for because we are adding that information Subpart 1652.2ÐTexts of FEHBP reconsideration within the time limit set to the brochures. The brochures will Clauses forth in paragraph (b)(2) of this clause. The give complete information about the covered individual must submit the request disputed claims process from the initial § 1652.204±72 Filing Health Benefit for OPM review within the time limit request to the carrier for reconsideration Claims/Court Review of Disputed Claims. specified in paragraph (e)(1) of this clause. through the requirements for bringing As prescribed in 1604.7101 of this (4) The Carrier may extend the time limit suit when OPM concurs with the chapter, the following clause must be for a covered individual’s submission of inserted in all FEHB Program contracts. additional information to the Carrier when carrier’s reconsideration decision to the covered individual shows he or she was deny the claim. Filing Health Benefit Claims/Court Review of not notified of the time limit or was We have also modified paragraph Disputed Claims prevented by circumstances beyond his or (g)(3) of the clause to clarify that (a) General. (1) The Carrier resolves claims her control from submitting the additional recovery in the FEHB Program is filed under the Plan. All health benefit information. accomplished through a directive from claims must be submitted initially to the (c) Information required to process requests for reconsideration. (1) The covered OPM to the carrier to make payment Carrier. If the Carrier denies a claim (or a portion of a claim), the covered individual individual must put the request to the Carrier according to the court’s order. may ask the Carrier to reconsider its denial. to reconsider a claim in writing and give the Regulatory Flexibility Act If the Carrier affirms its denial or fails to reasons, in terms of applicable brochure respond as required by paragraph (b) of this provisions, that the denied claim should I certify that this regulation will not clause, the covered individual may ask OPM have been approved. have a significant economic impact on to review the claim. A covered individual (2) If the Carrier needs additional a substantial number of small entities must exhaust both the Carrier and OPM information from the covered individual to review processes specified in this clause make a decision, it must: because the regulation merely before seeking judicial review of the denied (i) Specifically identify the information incorporates administrative procedures claim. needed; and regulatory requirements into FEHB (2) This clause applies to covered (ii) State the reason the information is contracts. individuals and to other individuals or required to make a decision on the claim; Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations 15199

(iii) Specify the time limit (60 days after information available to it at that time and overages landed in any state be the date of the Carrier’s request) for give a written notice of its decision to the deducted from that state’s quota for the submitting the information; and covered individual and to the Carrier. following year. The public is advised (iv) State the consequences of failure to (f) OPM, upon its own motion, may reopen that a quota adjustment has been made respond within the time limit specified, as its review if it receives evidence that was set out in paragraph (b)(2) of this section. unavailable at the time of its original and is informed of the revised state (d) Carrier determinations. The Carrier decision. quotas. The Director, Northeast Region, must provide written notice to the covered (g) Court review. (1) A suit to compel NMFS (Regional Director), has also individual of its determination. If the Carrier enrollment under § 890.102 of Title 5, Code determined that there is no Federal affirms the initial denial, the notice must of Federal Regulations, must be brought summer flounder quota available for inform the covered individual of: against the employing office that made the those coastal states that did not receive (1) The specific and detailed reasons for enrollment decision. a portion of the annual commercial the denial; (2) A suit to review the legality of OPM’s summer flounder quota. Vessels issued (2) The covered individual’s right to regulations under this part must be brought request a review by OPM; and against the Office of Personnel Management. a Federal moratorium permit for the (3) The requirement that requests for OPM (3) Federal Employees Health Benefits summer flounder fishery may not land review must be received within 90 days after (FEHB) carriers resolve FEHB claims under summer flounder in these states. the date of the Carrier’s denial notice and authority of Federal statute (chapter 89, title EFFECTIVE DATE: April 4, 1996, through include a copy of the denial notice as well 5, United States Code). A covered individual December 31, 1996. as documents to support the covered may seek judicial review of OPM’s final individual’s position. action on the denial of a health benefits FOR FURTHER INFORMATION CONTACT: (e) OPM review. (1) If the covered claim. A legal action to review final action David Gouveia, 508–281–9280. individual seeks further review of the denied by OPM involving such denial of health claim, the covered individual must make a benefits must be brought against OPM and SUPPLEMENTARY INFORMATION: request to OPM to review the Carrier’s not against the Carrier or the Carrier’s Regulations implementing Amendment decision. Such a request to OPM must be subcontractors. The recovery in such a suit 2 to the FMP are found at 50 CFR part made: shall be limited to a court order directing 625 (December 4, 1992, 57 FR 57358). (i) Within 90 days after the date of the OPM to require the Carrier to pay the amount The regulations require annual Carrier’s notice to the covered individual that of benefits in dispute. specification of a commercial quota that the denial was affirmed; or (4) An action under paragraph (3) of this is apportioned among the Atlantic (ii) If the Carrier fails to respond to the clause to recover on a claim for health coastal states from North Carolina covered individual as provided in paragraph benefits: (b)(2) of this clause, within 120 days after the (i) May not be brought prior to exhaustion through Maine. The process to set the date of the covered individual’s timely of the administrative remedies provided in annual commercial quota and the request for reconsideration by the Carrier; or paragraphs (a) through (f) of this clause; percent allocated to each state is (iii) Within 120 days after the date the (ii) May not be brought later than described in § 625.20. Amendment 7 to Carrier requests additional information from December 31 of the 3rd year after the year in the FMP (November 24, 1995, 60 FR the covered individual, or the date the which the care or service was provided; and 57955) revised the fishing mortality rate covered individual is notified that the Carrier (iii) Will be limited to the record that was reduction schedule for summer is requesting additional information from a before OPM when it rendered its decision flounder, and the revised schedule was provider. OPM may extend the time limit for affirming the Carrier’s denial of benefits. the basis for establishing the 1996 quota. a covered individual’s request for OPM (End of Clause) review when the covered individual shows The commercial summer flounder quota he or she was not notified of the time limit [FR Doc. 96–8372 Filed 4–4–96; 8:45 am] for the 1996 calendar year, adopted to or was prevented by circumstances beyond BILLING CODE 6325±01±P ensure achievement of the appropriate his or her control from submitting the request fishing mortality rate of 0.41 for 1996, for OPM review within the time limit. is set to equal 11,111,298 lb (5.0 million (2) In reviewing a claim denied by the DEPARTMENT OF COMMERCE kg) (January 4, 1996, 61 FR 291). The Carrier, OPM may: notification of a commercial quota (i) Request that the covered individual National Oceanic and Atmospheric transfer from the State of North Carolina submit additional information; Administration (ii) Obtain an advisory opinion from an to the Commonwealth of Virginia was published on March 13, 1996 (61 FR independent physician; 50 CFR Part 625 (iii) Obtain any other information as may 10286). This quota transfer is reflected in its judgment be required to make a [Docket No. 951116270±5308±02; I.D. in Table 1. determination; or 031296B] Section 625.20(d)(2) provides that all (iv) Make its decision based solely on the landings for sale in a state shall be information the covered individual provided Summer Flounder Fishery; applied against that state’s annual with his or her request for review. Adjustments to 1996 State Quotas (3) When OPM requests information from commercial quota. Any landings in the Carrier, the Carrier must release the AGENCY: National Marine Fisheries excess of the state’s quota will be information within 30 days after the date of Service (NMFS), National Oceanic and deducted from that state’s annual quota OPM’s written request unless a different time Atmospheric Administration (NOAA), for the following year. Based on dealer limit is specified by OPM in its request. Commerce. reports and other available information, (4) Within 90 days after receipt of the ACTION: Commercial quota adjustment. NMFS has determined that the States of request for review, OPM will either: Massachusetts, Rhode Island, New York, (i) Give a written notice of its decision to SUMMARY: NMFS announces Delaware, and Virginia have exceeded the covered individual and the Carrier; or adjustments to the commercial quota for their 1995 quotas. The remaining States (ii) Notify the individual of the status of the review. If OPM does not receive the 1996 summer flounder fishery. This of Maine, New Hampshire, Connecticut, requested evidence within 15 days after action complies with regulations New Jersey, Maryland, and North expiration of the applicable time limit in implementing the Fishery Management Carolina did not exceed their 1995 paragraph (e)(3) of this clause, OPM may Plan for the Summer Flounder Fishery quotas. A complete summary of quota make its decision based solely on (FMP), which require that annual quota adjustments for 1996 is in Table 1. 15200 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations

TABLE 1.ÐADJUSTED 1996 COMMERCIAL QUOTA FOR THE SUMMER FLOUNDER FISHERY

Adjusted 1996 quota 1995 Quota (lb) 1995 Landings (lb) 1995 Overage (lb) Initial 1996 quota (lb) (lb) (kg)

ME ...... 6,987 5,318 ...... 5,284 5,284 2,397 NH ...... 67 ...... 51 51 23 MA ...... 1,122,246 1,127,995 5,749 757,841 752,092 341,143 RI ...... 2,243,224 2,365,465 122,241 1,742,583 1,620,342 734,975 CT ...... 331,574 306,404 ...... 250,791 250,791 113,757 NY ...... 1,243,374 1,248,078 4,704 849,680 844,976 383,275 NJ ...... 2,306,198 2,298,303 ...... 1,858,363 1,858,363 842,939 DE ...... 2,614 3,072 458 1,977 1,519 689 MD ...... 199,551 136,167 ...... 226,570 226,570 102,770 VA ...... 3,182,177 3,355,838 173,661 2,374,342 2,200,681 998,212 NC ...... 3,974,018 3,967,291 ...... 3,043,816 3,043,816 1,380,652

This notification also announces the those coastal states from North Carolina that are issued a Federal summer Regional Director’s determination that northward to Maine. These are the states flounder moratorium permit from no quota is available for those coastal that have received distributions from landing summer flounder in any state states that did not receive a distribution the annual commercial summer that has no commercial summer from the annual commercial summer flounder quota. Recent reports, flounder quota. flounder quota. The Regional Director’s however, indicate that harvesters intend determination triggers the summer to land summer flounder in other states, Classification flounder moratorium permit condition such as South Carolina, in response to This action is required by 50 CFR part that owners of federally permitted the closures of Virginia and North vessels agree not to land summer Carolina to landings of summer 625 and is exempt from review under flounder in any state that did not flounder. States other than those E.O. 12866. receive any part of the annual specified in Table 1 do not have any Authority: 16 U.S.C. 1801 et seq. commercial summer flounder quota. available summer flounder quota, Dated: March 27, 1996. The purpose of this condition is to aid because they did not receive a share of Richard W. Surdi, in maintaining the integrity of the the annual commercial quota. Therefore, overall quota, which is set to achieve a vessels with a Federal summer flounder Acting Director, Office of Fisheries Conservation and Management, National specific mortality reduction goal, as moratorium permit may not land Marine Fisheries Service. state quotas are filled. summer flounder in these states. Historically, measurable landings of This notification serves to trigger the [FR Doc. 96–7994 Filed 4–4–96; 8:45 am] summer flounder have occurred only in permit condition that prevents vessels BILLING CODE 3510±22±W 15201

Proposed Rules Federal Register Vol. 61, No. 67

Friday, April 5, 1996

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Dr. from any territory or possession (see contains notices to the public of the proposed Ronald B. Caffey, Assistant to the §§ 330.400(d) and 94.5(c) for definition; issuance of rules and regulations. The Deputy Administrator, Veterinary see §§ 330.400(d)(2) and 94.5(c)(2) for purpose of these notices is to give interested Medical Office, PPQ, APHIS, Suite exceptions); and (3) garbage that is persons an opportunity to participate in the 4C03, 4700 River Road Unit 129, commingled with regulated garbage (see rule making prior to the adoption of the final rules. Riverdale, MD 20737–1236, (301) 734– §§ 330.400(e) and 94.5(d)). 7633. Under our regulations, regulated garbage must be stored in tight, leak- SUPPLEMENTARY INFORMATION: DEPARTMENT OF AGRICULTURE proof, covered receptacles on board a Background means of conveyance while the means Animal and Plant Health Inspection Our regulations concerning garbage of conveyance is in the territorial waters Service are contained in 7 CFR 330.400 and 9 or while otherwise within the territory CFR 94.5 (referred to below as ‘‘the of the United States. Also, regulated 7 CFR Part 330 regulations’’). The regulations in 7 CFR garbage must be removed from the 330.400 are intended to prevent the means of conveyance in tight, leak-proof 9 CFR Part 94 dissemination of plant pests and receptacles under the direction of an diseases. The regulations in 9 CFR 94.5 Animal and Plant Health Inspection [Docket No. 93±037±1] are intended to prevent the Service (APHIS) inspector to an dissemination of animal diseases. approved facility for incineration, Garbage; Disposal by Cruise Ships in Garbage is defined in § 330.400(b) and sterilization, or grinding into an Landfills at Alaskan Ports § 94.5(a) as all waste material that is approved sewage system, under derived in whole or in part from fruits, supervision of an APHIS inspector. AGENCY: Animal and Plant Health Regulated garbage may be removed for Inspection Service, USDA. vegetables, meats, or other plant or animal (including poultry) material, and other handling in a manner and under ACTION: Proposed rule. other refuse of any character whatsoever such supervision as the Administrator, that has been associated with any such APHIS, may approve in specific cases. SUMMARY: We are proposing to amend Other handling is approved only if it the regulations that apply to garbage material on board any means of complies with the applicable laws for that can introduce diseases or pests of conveyance, and including food scraps, environmental protection and is livestock, poultry, or plants. The table refuse, galley refuse, food adequate to prevent the dissemination amendment would allow cruise ships to wrappers or packaging materials, and of plant pests and livestock or poultry dispose of garbage in landfills at certain other waste material from stores, food diseases into or within the United Alaskan ports. This would apply only to preparation areas, passengers’ or crews’ States. (See §§ 330.400(g)(1) and cruise ships that do not have prohibited quarters, dining rooms, or any other 94.5(f)(1).) or restricted meat or animal products in areas on means of conveyance. Garbage Garbage can also be disposed of the vessel stores. This amendment to the also means meals and other food that outside the territorial limits of the regulations would reduce the cost of were available for consumption by United States by dumping or in on- disposing of cruise ship garbage at passengers and crew on an aircraft but board incinerators, sterilizers, or Alaskan ports, while continuing to help were not consumed. Certain garbage is regulated under our grinders. However, as explained prevent the spread of plant pests and regulations. There are three categories of elsewhere in this document, these livestock and poultry diseases into or regulated garbage: (1) Garbage that is on methods are limited to certain situations within the United States. or removed from a means of conveyance and are often impractical. DATES: Consideration will be given only if, at the time the garbage is on or Cruise ships that sail between to comments received on or before June removed from the means of conveyance, Alaskan ports currently dispose of their 4, 1996. the means of conveyance has been in garbage in landfills at Alaskan ports. ADDRESSES: Please send an original and any port outside the continental United The Administrator has approved this three copies of your comments to States and Canada within the previous alternate disposal method because we Docket No. 93–037–1, Regulatory 2-year period (see §§ 330.400(c) and believe the garbage would pose no Analysis and Development, PPD, 94.5(b) for definition; see disease risk to livestock or crops in the APHIS, suite 3C03, 4700 River Road §§ 330.400(c)(1) and (c)(2) and United States. Unit 118, Riverdale, MD 20737–1238. §§ 94.5(b)(1) and (b)(2) for exceptions); Disposing of garbage on the high seas, Please state that your comments refer to (2) garbage that is on or removed from or by using on-board incinerators or Docket No. 93–037–1. Comments a means of conveyance if, at the time the grinders was and is impractical for received may be inspected at USDA, garbage is on or removed from the cruise ships operating off the west coast room 1141, South Building, 14th Street means of conveyance, the means of of Alaska and Canada. The International and Independence Avenue SW., conveyance has moved during the Convention on the Prevention of Washington, DC, between 8 a.m. and previous 1-year period, either directly or Pollution from Ships at Sea, Annex V, 4:30 p.m., Monday through Friday, indirectly, to the continental United ratified by the United States in 1988, except holidays. Persons wishing to States from any territory or possession prohibits dumping any plastics into the inspect comments are requested to call or from Hawaii; to any territory or ocean. To dispose of garbage, all plastics ahead on (202) 690–2817 to facilitate possession from any other territory or must be separated from the rest of the entry into the comment reading room. possession or from Hawaii; or to Hawaii garbage and retained on board the vessel 15202 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules for separate disposal. This is not ports, provided that the ships have no any outbreak of FMD could be easily practical for most cruise ships. Using meat or animal products on board that contained and eradicated. on-board garbage grinders is also are prohibited or restricted under the Based on this risk assessment, we impossible, because cruise ships along regulations in 9 CFR part 94. These have determined that continuing to the west coast of Alaska remain in meats and animal products are allow regulated garbage from cruise United States and Canadian territorial prohibited or restricted in order to ships to be disposed of in Alaskan waters, and both the United States and prevent the possible spread into the landfills would not present any Canada prohibit use of on-board United States of various diseases of significant pest or disease risk as long as grinders within their territorial waters. livestock and poultry, including foot- the cruise ships do not have meat or Using on-board garbage incinerators is and-mouth disease. animal products on board that are also usually impractical for cruise ships, APHIS has completed an assessment restricted or prohibited under the because on-board incinerators are of the pest and disease risks posed by regulations in 9 CFR part 94. This usually small units, not intended for this situation. The risk assessment was amendment would also apply only to disposing of all of a ship’s garbage. In limited to regulated garbage that was cruise ships that remain in Alaskan or addition, on-board incinerators can only removed from cruise ships operating in Canadian waters for the entire cruise be used when on-board odors are not a waters off the west coast of Alaska and season. We are therefore proposing to problem. Canada and disposed of in landfills at amend 7 CFR 300.400(g)(1) and 9 CFR Cruise ships usually dispose of Alaskan ports. These ships did not have 94.5(f)(1) to reflect this determination. regulated garbage by off-loading and any prohibited or restricted meat or Cargo ships and other conveyances, incinerating or sterilizing it. Prior to animal products on board at the time including cruise ships that do not 1991, Alaska had no approved the cruise ships entered Alaskan waters. comply with these requirements, would incinerators or sterilizers that could be The results of the study were that there continue to be required to follow used by cruise ships. There was a small is no undue risk of animal or plant existing regulations in 7 CFR 330.400 incinerator at Anchorage, but it was disease or pest introduction. and 9 CFR 94.5. available and used only for disposal of The ecology, wildlife, and agriculture Under our proposed regulations, only aircraft garbage. There are no facilities of Alaska are vastly different from the cruise ships meeting certain in Alaska suitable for sterilizing 48 contiguous States. No plant diseases requirements would be allowed to maritime garbage. Grinding garbage into or pests have been identified as posing dispose of regulated garbage in landfills an approved sewage system is also any risk in Alaska. This is because no at Alaskan ports. Qualifying cruise ships listed in our regulations as an approved plant pest or disease of concern can would be prohibited from having method of disposing of regulated survive the Alaskan climate. APHIS prohibited or restricted meat or animal garbage. However, there are no sewage identified foot-and-mouth disease products on board at the time they enter systems in Alaska approved for the (FMD) as the livestock disease of Alaskan waters for the cruise season. disposal of maritime garbage. greatest risk in Alaska. Ruminants and Cruise ships would be inspected by In 1991 an incinerator in Juneau, swine are the animal species at risk for APHIS inspectors at the beginning of Alaska, was approved for disposal of FMD. At-risk animals could be infected each cruise season (approximately mid- regulated maritime garbage. Because of by exposure to garbage in landfills. May, depending on weather conditions). the availability of this facility, in early Requiring cruise ships to have no Many types of meat and animal 1992 APHIS notified all cruise lines prohibited or restricted meat or animal products are prohibited or restricted operating vessels in Alaskan waters that products on board at the time they enter under the regulations in 9 CFR part 94, regulated garbage would thereafter have Alaskan waters minimizes any in order to prevent the spread into the to be disposed of in accordance with the possibility that infectious materials United States of various diseases of regulations. APHIS specifically would be disposed of in landfills. The livestock and poultry. Among the meats informed cruise lines that disposal of nature of agriculture and wildlife in and other products prohibited or cruise ship garbage in landfills at Alaska minimizes the possibility of restricted under 9 CFR part 94 are fresh, Alaskan ports would no longer be animals being exposed to landfill chilled, and frozen meat of ruminants allowed. garbage. In Alaska, there are no wild and swine that originate in any country The cruise lines questioned the need swine, and very few herds of domestic where rinderpest or FMD exists. for and practicality of our policy swine. There are many wild ruminants, Countries where rinderpest or FMD changes and said they did not have such as deer, elk, and moose. However, exists are listed in § 94.1(a) of those enough time to prepare for the policy there are very few herds of domestic regulations. Neither rinderpest nor FMD change before the next cruise season sheep, goats, and cattle. None of the exists in Canada or in the United States. began. After discussions with herds of domestic livestock are located Prohibiting cruise ships from having representatives of the cruise lines, near landfills where cruise ship garbage prohibited or restricted meat or animal APHIS agreed verbally in 1992 to is buried. Domestic Alaskan livestock products on board would prevent the temporarily withdraw the policy are therefore unlikely to be exposed to possible spread of livestock and poultry change. APHIS and cruise line garbage disposed of in landfills. Wild diseases into the United States. representatives also agreed that APHIS ruminants could be exposed to landfill Qualifying cruise ships would also be would conduct a risk assessment of the garbage. However, ruminants do not required to remain in Alaskan or situation. If the risk assessment was normally ‘‘graze’’ on landfills. In Canadian waters for the entire cruise positive—that is, if disposing of addition, experts do not believe wild season. This would preclude any regulated garbage from cruise ships in ruminant populations would sustain an possibility of prohibited or restricted landfills at Alaskan ports presented a FMD infection without being meat or animal products being brought risk to livestock or crops in the United continually exposed to infected on board the vessel. States—then cruise ships would have to domestic animals. In Alaska, any FMD comply with the regulations. In the infection within the wild ruminant Executive Order 12866 and Regulatory mean time, APHIS agreed that cruise population would therefore die out Flexibility Act ships could continue to dispose of before it could present a threat to This proposed rule has been reviewed regulated garbage in landfills at Alaskan livestock. Under these circumstances, under Executive Order 12866. The rule Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15203 has been determined to be not would continue the informal writing to the individual listed under significant for the purposes of Executive requirements which are now in effect FOR FURTHER INFORMATION CONTACT. Order 12866 and, therefore, has not without giving notice to the public. Paperwork Reduction Act been reviewed by the Office of Executive Order 12372 Management and Budget. This proposed rule contains no There is a shortage of incinerators and This program/activity is listed in the information collection or recordkeeping sterilizers accessible to cruise ships in Catalog of Federal Domestic Assistance requirements under the Paperwork Alaska. Incinerators are now available to under No. 10.025 and is subject to Reduction Act of 1995 (44 U.S.C. 3501 dispose of regulated maritime garbage Executive Order 12372, which requires et seq.). only at Juneau, Ketchikan and Sitka. intergovernmental consultation with List of Subjects Sterilizers to dispose of maritime State and local officials. (See 7 CFR part garbage are not available. Further, it is 3015, subpart V.) 7 CFR Part 330 impractical for cruise ships to dispose of Executive Order 12778 Customs duties and inspections, all regulated garbage in on-board Imports, Plant diseases and pests, incinerators or grinders, or by dumping This proposed rule has been reviewed Quarantine, Reporting and on the high seas. under Executive Order 12778, Civil recordkeeping requirements, During the period when cruise ship Justice Reform. If this proposed rule is Transportation. garbage is incinerated, the total volume adopted: (1) All State and local laws and of garbage is too great for all of the regulations that are inconsistent with 9 CFR Part 94 garbage to be incinerated. We are, this rule will be preempted; (2) no Animal diseases, Imports, Livestock, therefore, currently allowing certain retroactive effect will be given to this Meat and meat products, Milk, Poultry cruise ships to dispose of regulated rule; and (3) administrative proceedings and poultry products, Reporting and garbage in landfills at Alaskan ports. will not be required before parties may recordkeeping requirements. These are ships which have no file suit in court challenging this rule. prohibited or restricted meat or animal Accordingly, 7 CFR part 330 and 9 products on board at the time they enter National Environmental Policy Act CFR part 94 would be amended as follows: Alaskan waters, and which remain in An environmental assessment and Alaskan or Canadian waters during the finding of no significant impact have PART 330ÐFEDERAL PLANT PEST entire cruise season. Therefore, if this been prepared for this proposed rule. REGULATIONS; GENERAL; PLANT proposed rule is adopted, no major The assessment provides a basis for the PESTS; SOIL, STONE, AND QUARRY change in current practice would be conclusion that the disposal, in landfills PRODUCTS; GARBAGE required. at Alaskan ports, of garbage from cruise Allowing for the continued use of ships under the conditions specified in 1. The authority citation for part 330 landfills would have a beneficial this proposed rule would not present a would continue to read as follows: economic impact on cruise ships, as Authority: 7 U.S.C. 147a, 150bb, 150dd– landfill disposal is less expensive than risk of introducing or disseminating plant or animal diseases or pests and 150ff, 161, 162, 164a, 450, 2260; 19 U.S.C. incineration. Our information indicates 1306; 21 U.S.C. 111, 114a; 136 and 136a; 31 that none of the cruise ships that would would not have a significant impact on the quality of the human environment. U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR be affected by this proposed rule are 2.22, 2.80, and 371.2(c). Based on the finding of no significant U.S.-owned and none would be 2. In § 330.400, paragraph (g)(1), a classified as ‘‘small’’ entities (defined as impact, the Administrator of the Animal and Plant Health Inspection Service has new sentence would be added at the having fewer than 500 employees, end of the paragraph to read as follows: according to Small Business determined that an environmental impact statement need not be prepared. Administration (SBA) size criteria.) § 330.400 Regulation of certain garbage. We also foresee no economic impact The environmental assessment and finding of no significant impact were * * * * * on incinerator or landfill owners. (g)(1) * * * Provided that, cruise prepared in accordance with: (1) The Because the proposed amendments to ships may dispose of regulated garbage National Environmental Policy Act of the regulations only bring the in landfills at Alaskan ports if the cruise 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) regulations into conformance with ships do not have prohibited or Regulations of the Council on current practices, there should be no restricted meat or animal products on Environmental Quality for impact of any kind on incinerator or board at the time they enter Alaskan implementing the procedural provisions landfill operations. waters for the cruise season, and if the of NEPA (40 CFR parts 1500–1508), (3) Under these circumstances, the cruise ships remain in Alaskan or USDA regulations implementing NEPA Administrator of the Animal and Plant Canadian waters for the entire cruise (7 CFR part 1b), and (4) APHIS’ NEPA Health Inspection Service has season. determined that this action would not Implementing Procedures (7 CFR part have a significant economic impact on 372). * * * * * a substantial number of small entities. Copies of the environmental PART 94ÐRINDERPEST, FOOT-AND- The alternatives to this proposed rule assessment and finding of no significant MOUTH DISEASE, FOWL PEST (FOWL would be to take no action or to prohibit impact are available for public PLAGUE), VELOGENIC disposal of all cruise ship garbage in inspection at USDA, room 1141, South VISCEROTROPIC NEWCASTLE landfills at Alaskan ports. We do not Building, 14th Street and Independence DISEASE, AFRICAN SWINE FEVER, consider prohibiting such garbage Avenue SW., Washington, DC, between HOG CHOLERA, AND BOVINE disposal a reasonable alternative. 8 a.m. and 4:30 p.m., Monday through SPONGIFORM ENCEPHALOPATHY: Prohibiting such garbage disposal would Friday, except holidays. Persons PROHIBITED AND RESTRICTED disrupt industry operations without any wishing to inspect copies are requested IMPORTATIONS salutary effect on disease or pest risk. to call ahead on (202) 690–2817 to We also do not consider doing nothing facilitate entry into the reading room. In 3. The authority citation for part 94 a reasonable alternative. Doing nothing addition, copies may be obtained by would continue to read as follows: 15204 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules

Authority: 7 U.S.C. 147a, 150ee, 161, 162, [FI–47–92], Room 5228, Washington, to provide needed guidance to and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, D.C., 20044. organizations as to the requirements an 134a, 134b, 134c, 134f, 136, and 136a; 31 FOR FURTHER INFORMATION CONTACT: organization must meet in order to be U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR 2.22, 2.80, and 371.2(d). Evangelista Lee of the Regulations Unit, exempt from tax. Assistant Chief Counsel (Corporate), DATES: The public hearing will be held 4. In § 94.5, paragraph (f)(1), a new (202) 622–8452 (not a toll-free number). on Wednesday, June 5, 1996, beginning sentence would be added at the end of SUPPLEMENTARY INFORMATION: The at 10:00 a.m. Requests to speak and the paragraph to read as follows: subject of the public hearing is proposed outlines of oral comments must be amendments to the Income Tax § 94.5 Regulation of certain garbage. received by Wednesday, May 15, 1996. * * * * * Regulations under section 25 of the (f)(1) * * * Provided that, cruise Internal Revenue Code. The proposed ADDRESSES: The public hearing will be ships may dispose of regulated garbage regulations appeared in the Federal held in the Internal Revenue Service in landfills at Alaskan ports if the cruise Register for Wednesday, December 22, Commissioner’s Conference Room, ships do not have prohibited or 1993 (58 FR 67745). Room 3313, Internal Revenue Building, restricted meat or animal products on The rules of § 601.601(a)(3) of the 1111 Constitution Avenue, N.W., board at the time they enter Alaskan ‘‘Statement of Procedural Rules’’ (26 Washington, D.C. 20044. Requests to waters for the cruise season, and if the CFR Part 601) shall apply with respect speak and outlines of oral comments cruise ships remain in Alaskan or to the public hearing. Persons who have should be mailed to the Internal Canadian waters for the entire cruise submitted written comments within the Revenue Service, P.O. Box 7604, Ben time prescribed in the notice of season. Franklin Station, Attn: CC:DOM:CORP:R proposed rulemaking and who also [EE–53–95], Room 5228, Washington, * * * * * desire to present oral comments at the Done in Washington, DC, this 2nd day of D.C. 20044. hearing on the proposed regulations April 1996. should submit not later than FOR FURTHER INFORMATION CONTACT: Lonnie J. King, Wednesday, May 1, 1996, an outline of Evangelista Lee of the Regulations Unit, Administrator, Animal and Plant Health the oral comments/testimony to be Inspection Service. Assistant Chief Counsel (Corporate), presented at the hearing and the time (202) 622–8452 (not a toll-free number). [FR Doc. 96–8472 Filed 4–4–96; 8:45 am] they wish to devote to each subject. BILLING CODE 3410±34±P Each speaker (or group of speakers SUPPLEMENTARY INFORMATION: The representing a single entity) will be subject of the public hearing is proposed limited to 10 minutes for an oral amendments to the Income Tax DEPARTMENT OF THE TREASURY presentation exclusive of the time Regulations under section 501(c)(5) of consumed by the questions from the the Internal Revenue Code. The Internal Revenue Service panel for the government and answer proposed regulations appeared in the thereto. Federal Register for Thursday, 26 CFR Part 1 Because of controlled access December 21, 1995 (60 FR 66228). [FI±47±92] restrictions, attenders cannot be The rules of § 601.601(a)(3) of the admitted beyond the lobby of the RIN 1545±AR76 ‘‘Statement of Procedural Rules’’ (26 Internal Revenue Building until 9:45 CFR Part 601) shall apply with respect a.m. Reissuance of Mortgage Credit to the public hearing. Persons who have Certificates; Hearing An agenda showing the scheduling of the speakers will be made after outlines submitted written comments within the AGENCY: Internal Revenue Service (IRS), are received from the persons testifying. time prescribed in the notice of Treasury. Copies of the agenda will be available proposed rulemaking and who also ACTION: Notice of public hearing on free of charge at the hearing. desire to present oral comments at the proposed rulemaking. Cynthia E. Grigsby, hearing on the proposed regulations Chief, Regulations Unit, Assistant Chief should submit not later than SUMMARY: This document provides Counsel (Corporate). Wednesday, May 15, 1996, an outline of notice of a public hearing on proposed [FR Doc. 96–8460 Filed 4–4–96; 8:45 am] the oral comments/testimony to be regulations relating to implementing a BILLING CODE 4830±01±U presented at the hearing and the time provision of the Tax Reform Act of 1984 they wish to devote to each subject. permitting the reissuance of mortgage Each speaker (or group of speakers credit certificates. 26 CFR Part 1 representing a single entity) will be DATES: The public hearing will be held limited to 10 minutes for an oral on Wednesday, May 22, 1996, beginning [EE±53±95] presentation exclusive of the time at 10:00 a.m. Requests to speak and RIN 1545±AT95 consumed by the questions from the outlines of oral comments must be received by Wednesday, May 1, 1996. Requirements for Tax Exempt Section panel for the government and answer thereto. ADDRESSES: The public hearing will be 501(c)(5) Organizations; Hearing Because of controlled access held in the Internal Revenue Service AGENCY: Internal Revenue Service (IRS), Commissioner’s Conference Room, Treasury. restrictions, attenders cannot be admitted beyond the lobby of the Room 3313, Internal Revenue Building, ACTION: Notice of public hearing on Internal Revenue Building until 9:45 1111 Constitution Avenue, N.W., proposed rulemaking. Washington, D.C. 20044. Requests to a.m. speak and outlines of oral comments SUMMARY: This document announces a An agenda showing the scheduling of should be mailed to the Internal hearing on proposed regulations, the speakers will be made after outlines Revenue Service, P.O. Box 7604, Ben published on December 21, 1995, which are received from the persons testifying. Franklin Station, Attn: CC:DOM:CORP:R clarify requirements of section 501(c)(5) Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15205

Copies of the agenda will be available Docket Office. For electronic copies of Signed at Washington, D.C., this 1st day of free of charge at the hearing. this notice, contact the Labor News April, 1996. Cynthia E. Grigsby, Bulletin Board (202) 219–4784; or Joseph A. Dear, Chief, Regulations Unit, Assistant Chief OSHA’s WebPage on the Internet at Assistant Secretary of Labor. Counsel (Corporate). http://www.osha.gov/. For news [FR Doc. 96–8504 Filed 4–4–96; 8:45 am] [FR Doc. 96–8459 Filed 4–4–96; 8:45 am] releases, fact sheets, and other short BILLING CODE 4510±26±P BILLING CODE 4830±01±U documents, contact OSHA FAX at (900) 555–3400 at $1.50 per minute. POSTAL SERVICE SUPPLEMENTARY INFORMATION: DEPARTMENT OF LABOR I. Background 39 CFR Part 111 Occupational Safety and Health Administration On August 10, 1990, the Occupational Deposit of Mail With Insufficient Safety and Health Administration Postage 29 CFR Parts 1910, 1915 and 1926 (OSHA) published a notice of proposed AGENCY: Postal Service. rulemaking on BD. (55 FR 32736). [Docket No. H±041] ACTION: Proposed rule. Following receipt of recommendations Occupational Exposure to 1,3- from a joint labor/industry group, OSHA SUMMARY: This proposed rule would Butadiene reopened the BD rulemaking record for revise the Domestic Mail Manual 30 days, until April 8, 1996, (61 FR AGENCY: Occupational Safety and Health (DMM) regarding the treatment of mail Administration (OSHA), Department of 9381), in order to give the public with insufficient postage that is Labor. opportunity to comment. The notice deposited for delivery. Currently, mail reprinted the agreement and raised deposited with no postage is returned to ACTION: Proposed Rule; Extension of issues related to its provisions along the sender without an attempt at time to submit comments. with some agency concerns. delivery, whereas mail deposited with SUMMARY: On March 8, 1996, the Representatives of the labor/industry insufficient postage is marked Occupational Safety and Health group have requested additional time to ‘‘POSTAGE DUE’’ and delivered to the Administration (OSHA) reopened the submit a clarification of their addressee upon payment of the charges record for the proposed revision of the recommendations and their responses to marked on the mail. If a sender deposits 1,3 Butadiene (BD) standard. (61 FR issues raised by the agency in the notice 10 or more pieces of shortpaid mail, the 9381, March xx, 1996). OSHA is reopening the BD record. OSHA is accepting post office may contact the extending the comment period to allow granting their request. Accordingly, this sender to obtain payment of the additional postage prior to dispatch. additional time for parties to address the notice extends the period for the The proposed rule would treat mail issues raised in the document, including submission of comments until April 26, with no postage and insufficient postage the joint labor/industry 1996. recommendations of January 29, 1996. alike: such mail generally would be The labor/industry agreement II. Public Participation—Comments returned to the sender without an recommended that OSHA reduce the attempt at delivery. As is currently the permissible exposure limits and Written comments must be case with mail bearing no postage, mail expanded on some provisions that were postmarked by April 26, 1996. Four displaying no return address or a return addressed in OSHA’s 1990 proposal. (55 copies of these comments must be address that is actually the address of FR 32736, August 10, 1990). submitted to the Docket Office, Docket the intended recipient would be sent to No. HS–041), U.S. Department of Labor, a Postal Service mail recovery center. DATES: Written comments must be postmarked by April 26, 1996. 200 Constitution Avenue, NW, DATES: Comments must be received on Washington, D.C. 20210. Written or before May 20, 1996. ADDRESSES: Comments are to be comments limited to 10 pages or less in submitted in quadruplicate to the ADDRESSES: Written comments should length may also be transmitted by Docket Office, Docket No. H–041, U.S. be mailed or delivered to Manager, Department of Labor, Room N–2634, facsimile to (202) 219–5046, provided Revenue Assurance, USPS 200 Constitution Avenue, N.W., the original and 3 copies are sent to the Headquarters, 475 L’Enfant Plaza SW., Washington, D.C. 20210. Telephone Docket Office thereafter. All materials Washington, DC 20260–5237. Copies of (202) 219–7894. Written comments submitted will be available for all written comments will be available limited to 10 pages or less in length may inspection and copying at the above for inspection and photocopying also be transmitted by facsimile to (202) address. Materials previously submitted between 9 a.m. and 4 p.m., Monday 219–5046, provided the original and 3 to the Docket for this rulemaking need through Friday, in Room 8831 at the copies are sent to the Docket Office not be re-submitted. above address. FOR FURTHER INFORMATION CONTACT: Rita thereafter. III. Authority FOR FURTHER INFORMATION CONTACT: W. Crawford, (202) 268–2831. Anne C. Cyr, Office of Information and This document was prepared under SUPPLEMENTARY INFORMATION: Current Consumer Affairs, Occupational Safety the direction of Joseph A. Dear, regulations allow the Postal Service to and Health Administration, U.S. Assistant Secretary of Labor for mark shortpaid mail ‘‘POSTAGE DUE’’ Department of Labor, Room N–3647, Occupational Safety and Health, U.S. and collect the amount due from the 200 Constitution Avenue, N.W., Department of Labor, 200 Constitution addressee or return the mail to the Washington, D.C. 20210. Telephone Avenue, NW, Washington, D.C. 20210. sender for additional postage after (202) 219–8148. Copies of the labor/ It is issued pursuant to section 6(b) of delivery is attempted. Societal changes industry recommendations and the Occupational Safety and Health Act have rendered this procedure submissions to the record are available (29 U.S.C. 655), and 29 CFR part 1911. impractical. Letter carriers are often for inspection and copying in the unable to find an individual who can 15206 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules pay for postage due at home during prior to dispatch. Proposed new section 1.7 Special Payment Arrangements normal business hours. Furthermore, a 1.7 is added as a final exception, and Shortpaid mail may be delivered if steadily increasing percentage of mail is provides that shortpaid mail may be the addressee makes arrangements with delivered to receptacles that are not delivered to addressees who have made the delivery post office for the payment immediately adjacent to a dwelling, arrangements with their postmasters to of additional postage. such as grouped receptacles in the lobby pay the postage due. of an apartment building. Often postage In consideration of the foregoing, the * * * * * is not collected and the mail must be Postal Service proposes to amend DMM An appropriate amendment to 39 CFR returned to the sender, causing that mail P011 as set forth below. 111.3 to reflect these changes will be to be delayed in reaching the intended Although exempt from the notice and published if the proposal is adopted. recipient. To improve customer service comment requirements of the Stanley F. Mires, and avoid such delays, this proposed Administrative Procedures Act (5 U.S.C. Chief Counsel, Legislative. rule would allow the Postal Service to 553(b), (c)) regarding proposed [FR Doc. 96–8383 Filed 4–4–96; 8:45 am] immediately return shortpaid mail for rulemaking by 39 U.S.C. 410(a), the BILLING CODE 7710±12±P additional postage so that it can be Postal Service invites comments on the resent and reach the addressee more following proposed revisions of the expeditiously than under the current DMM, incorporated by reference in the procedures. Code of Federal Regulations. See 39 CFR FEDERAL COMMUNICATIONS Additionally, the Postal Service has part 111. COMMISSION been victimized by numerous schemes to mail letters with insufficient postage. List of Subjects in 39 CFR Part 111 47 CFR Parts 2 and 15 Much of this loss comes from the Postal Service. deposit of letters for delivery as regular [ET Docket No. 96±8; FCC 96±36] First-Class Mail with only 6 cents or less PART 111Ð[AMENDED] in postage affixed. The Postal Service Spread Spectrum Transmitters must recoup lost postage from mailings 1. The authority citation for 39 CFR part 111 continues to read as follows: AGENCY: Federal Communications by customers who pay the proper rate of Commission. postage. In such situations, it can be Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, extremely difficult and time-consuming 401, 403, 404, 3001–3011, 3201–3219, 3403– ACTION: Proposed rule. 3406, 3621, 3626, 5001. for a letter carrier to attempt to collect SUMMARY: By this Notice of Proposed postage due. As a result, postage due on 2. Revise the following units of the Rule Making (‘‘NPRM’’), the shortpaid mail frequently is not Domestic Mail Manual as noted below: Commission proposes to amend its rules collected, despite the effort and expense P011 Payment regarding the operation of spread incurred to attempt delivery to the spectrum transmission systems in the addressee. 1.0 PREPAYMENT AND POSTAGE 902–928 MHz, 2400–2483.5 MHz and The proposed rule would treat DUE 5725–5850 MHz bands. For simplicity, shortpaid mail in the same manner as these bands will be referenced in this mail without any postage. Both forms of * * * * * proposal as 915 MHz, 2450 MHz and mail generally would be returned to the 1.2 Unpaid and Shortpaid Mail 5800 MHz, respectively. The sender without any attempt at delivery. Commission proposes to eliminate the Thus, schemes to mail letters with Except as provided by 1.3 through 1.7, limit on directional gain antennas for insufficient postage would no longer be matter of any class, either with no effective. As is currently the case with postage or with insufficient postage, is spread spectrum transmitters operating mail bearing no postage, mail displaying endorsed ‘‘RETURNED FOR POSTAGE’’ in the 5800 MHz band. We are also no return address, or a return address and returned to the sender without an proposing to reduce, from 50 to 25, the that is, in fact, the address of the attempt at delivery. Matter bearing no minimum number of channels required intended recipient, would be sent to a postage or insufficient postage is treated for frequency hopping spread spectrum Postal Service mail recovery center. as dead mail and sent to a Postal Service systems operating in the 915 MHZ band. In some recent incidents, postal mail recovery center if: These proposals are in response to employees have mistakenly treated mail a. No return address is shown; Petitions for Rule Making filed by bearing proper postage at a discounted b. The delivery and return addresses Western Multiplex Corporation (WMC) rate as shortpaid mail. An aggressive are identical; and Spectralink Corporation campaign is under way to ensure that all c. The delivery and return addresses (Spectralink). We are also denying a employees who handle mail can are different but are actually the same Petition for Rule Making from Symbol distinguish between discounted rate person or organization; or Technologies, Inc. (Symbol). Further, mail and shortpaid mail. The proposed d. The mail is refused by the sender the Commission on its own motion rule is meant to apply only to mail that when returned for collection of postage proposes a number of amendments to is genuinely shortpaid, and the Postal due. the spread spectrum regulations to Service will take all steps necessary to * * * * * clarify the existing regulations, to codify see that the rule is implemented [Delete existing 1.5, 1.6, and 1.9; existing policies into the rules, and to accordingly. renumber existing 1.7 as 1.5; add new update the current definitions. These Existing DMM sections P011.1.3, 1.4, 1.6 and 1.7 as follows:] changes will expand the ability of and 1.7 (renumbered as 1.5) are retained equipment manufacturers to develop as exceptions to the general rule 1.6 Bulk and Presort spread spectrum systems for unlicensed described above. Proposed new section Additional postage due must be paid use. 1.6 is added to reflect current policy and prior to dispatch for a bulk or presort DATES: Comments must be filed on or states clearly that additional postage for rate mailing that is found to have before June 19, 1996, and reply disqualified bulk or presort rate insufficient postage when presented to comments must be filed on or before mailings is collected from the mailer the USPS for acceptance. July 19, 1996. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15207

ADDRESSES: Federal Communications MHz band. We request comment on this transmitter based on the amount that the Commission, 1919 M Street, N.W., proposal. While we are not inclined to increase in directional antenna gain Washington, D.C. 20554. provide a similar relaxation for the 2450 exceeds the current limit of 6 dBi. We FOR FURTHER INFORMATION CONTACT: John MHz band, we also ask for comment on propose that the output power of a Reed, Office of Engineering and whether we should eliminate the 6 dB transmitter would need to be decreased Technology, (202) 418–2455. limit on directional antenna gain in this by 1 dB for every 3 dB that the antenna SUPPLEMENTARY INFORMATION: This is a band. gain exceeds 6 dBi in order to maintain 3. The Commission further believes summary of the Commission’s Notice of an ‘‘equivalent’’ area of interference, i.e., that if spread spectrum transmitters Proposed Rule Making, ET Docket No. the geographic area over which employing high gain antennas were 96–8, FCC 96–36, adopted January 30, interference could result with a made available to the general public, it 1996, and released February 5, 1996. directional antenna as compared to the would be difficult to ensure that these The full text of this Commission area obtained with an omnidirectional systems are used only for fixed, point- decision is available for inspection and antenna. See the proposed new Section to-point applications. In addition, high copying during normal business hours 15.274(b)(4) in Appendix B of the gain directional antenna systems, NPRM. We are also seeking comments in the FCC Reference Center (Room because of their narrow transmission 239), 1919 M Street, N.W., Washington, on whether the rules should specify beamwidth and the problems associated limits on the horizontal and vertical D.C., and also may be purchased from with aligning the transmitter with the the Commission’s duplication beamwidths of antennas used with receiver site, are not products that point-to-point systems. Certain antenna contractor, International Transcription would normally be employed by the Service, (202) 857–3800, 2100 M Street, designs, e.g., a horizontally polarized general public. Accordingly, we believe yagi antenna, concentrate the signal N.W., Suite 140, Washington D.C. that the marketing of spread spectrum 20037. strength in azimuth (horizontal) but not systems employing high gain antennas in elevation (vertical). A fixed, point-to- Summary of Notice should be limited to commercial or point system employing an antenna industrial operators and exclude sales to 1. The Commission is proposing to with a wide elevation beamwidth that is the general public. The Commission amend Parts 2 and 15 of the rules pointed towards an office building with further proposes to hold the operator of multiple floors could result in severe regarding the operation of spread a spread spectrum system responsible spectrum transmission systems in the interference problems to any party in for ensuring that the system is operated that building who is in line with the 915 MHz, 2450 MHz and 5800 MHz in a compliant manner. In addition, we bands. The spread spectrum rules, as system and is operating in the same propose to require that the manual band. Several antenna designs originally adopted, did not specify a supplied with the spread spectrum limit on antenna gain. At that time there concentrate the radiated signals in both transmitter contain language in the azimuth and elevation, e.g., circular were few other operators in these bands installation instructions notifying the and little potential that interference dish antennas and stacked yagi operator of this responsibility. antennas. The Commission believes that would be caused to other users. Further, 4. In addition, absent controls any interference problems resulting we wished to offer an incentive to spur regarding the locations and manner in from excessive vertical emissions could the development of spread spectrum which spread spectrum transmitters be resolved if the 3 dB beamwidths, in systems. These bands, especially the may be used, systems employing high both the vertical and the horizontal 915 MHz and the 2450 MHz bands, are gain directional antennas could expose planes, of the high gain directional now becoming more crowded, the public to potentially harmful signal antennas employed with these fixed, particularly with mobile units, levels that exceed the radio frequency increasing the potential that spread exposure limits in our rules and point-to-point systems differ by no more spectrum systems using high gain recommended by various standards- than a factor of two and are proposing antennas will cause harmful setting organizations. In order to meet such a limit. interference. In addition to the licensed our obligation under the National 6. As SpectraLink observes in its radio services, wireless computer local Environmental Policy Act, we propose petition, there could be mutual area network systems and various to hold the holder of the grant of interference problems between consumer products, such as cordless certification for the transmitter, the wideband, multilateration LMS systems telephones, are being used under Part 15 grantee, responsible for ensuring that and Part 15 frequency hopping spread in the 915 MHz and 2450 MHz bands. the equipment is designed to minimize spectrum systems, and it would be 2. Since there are few operators in the exposure of the public to excessive beneficial if these two operations could 5800 MHz band, the potential that radio frequency (RF) signal levels. avoid sharing the same spectrum. The harmful interference will occur from the Comments are requested concerning modification sought by SpectraLink use of directional antennas is much possible biological hazards from the would appear to promote frequency lower. There are also fewer mobile users high effective radiated power levels that sharing within this band. Therefore, the in the 5800 MHz band. It is easier to could be emitted from these systems, Commission proposes to amend the engineer a fixed, point-to-point system any additional methods that can be rules to permit frequency hopping to operate without causing harmful employed to prevent unnecessary spread spectrum systems in the 915 interference problems if the other exposure of the public, and whether we MHz band to use only 25 hopping stations in that band are fixed in should prescribe the use of specific channels, provided that those systems location. Further, the 5800 MHz band is means for preventing such exposure. employ hopping channel bandwidths of ideal for fixed, point-to-point wideband 5. The Commission also seeks at least 250 kHz and the transmitters microwave operations, the type of comments in two additional areas operate at a reduced power level. applications desired by WMC. regarding the technical standards for Hopping systems using channel Accordingly, the Commission believes spread spectrum transmission systems bandwidths less than 250 kHz already the limit on directional antenna gain operating without a limit on directional can avoid operating in the bands used should only be eliminated for spread antenna gain. The first of these concerns by broadband multilateration LMS spectrum systems operating in the 5800 a reduction in the output power of the systems and require no decrease in the 15208 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules minimum number of hopping channels. 4. Reporting, Recordkeeping and interested parties additional time to file For frequency hopping systems Other Compliance Requirements: Part comments and reply comments. employing channel bandwidths of 250 15 spread spectrum transmitters are DATES: Comments are due on or before kHz or greater, we propose to reduce the already required to be authorized under April 12, 1996. Reply comments are due minimum number of hopping channels the Commission’s certification on or before May 7, 1996. to 25. Consistent with this plan, we are procedure as a prerequisite to marketing ADDRESSES: Comments should be also proposing to modify the maximum and importation. The changes proposed addressed to Office of the Secretary, average time of occupancy on any in this proceeding would not change Federal Communications Commission, hopping frequency to 0.4 seconds in any any of the current reporting or 1919 M Street, NW, Washington, D.C. 10 second period to correspond to the recordkeeping requirements. Further, 20554. reduction in the number of hopping the proposed regulations add FOR FURTHER INFORMATION CONTACT: channels. Comments are also requested permissible methods of operation and Deborah A. Dupont, Senior Attorney, as to whether the rules should specify would not require the modification of 202 418–0850, Accounting and Audits a formula for the minimum number of any existing products. Division, Common Carrier Bureau. hopping channels based on the amount 5. Federal Rules Which Overlap, SUPPLEMENTARY INFORMATION: On March by which the bandwidth of the hopping Duplicate or Conflict With These Rules: 8, 1996, the Federal Communications channel exceeds 250 kHz. None. Commission released a Notice of 7. Further, in order to reduce the 6. Description, Potential Impact and Proposed Rulemaking and Order potential for interference due to the Number of Small Entities Involved: The Establishing Joint Board (‘‘NPRM’’), 61 smaller number of hopping channels, actions proposed in this proceeding add FR 10,499 . The Commission sought we propose to require that frequency permissible methods of operation and comment on all matters discussed in hopping spread spectrum systems in the will not require the modification of any that NPRM. The deadline for comments 915 MHz band that use fewer than 50 existing products. Accordingly, there was April 8, 1996 and the deadline for hopping channels operate with a should be no mandatory impact on any reply comments was May 3, 1996. On maximum peak transmitter output small entities. April 1, 1996, the Commission released power of 500 mW. 7. Any Significant Alternatives an Order that denied the joint request of 8. We are also denying the Petition for Minimizing the Impact on Small Entities the following groups for a thirty-day Rule Making from Symbol to reduce the Consistent with Stated Objectives: None. minimum number of hopping channels extension of both the comment deadline for frequency hopping spread spectrum List of Subjects and the reply comment deadline: the Consumer Federation of America; systems operating in the 2450 MHz or 47 CFR Part 2 5800 MHz bands. Alliance for Community Media; 9. There are also several additional Communications equipment, Radio. American Library Association; Benton regulations concerning Part 15 spread 47 CFR Part 15 Foundation; Center for Media spectrum transmission systems that Information; Consortium for School need to be clarified, codified or Communications equipment, Radio. Networking; National Education amended. They are Spectral power Federal Commications Commission. Association; National School Boards density, Short duration transmissions, William F. Caton, Association; People for the American Measurement of processing gain, Limits Acting Secretary. Way Action Fund; United Church of on unwanted emissions, Frequency [FR Doc. 96–8386 Filed 4–4–96; 8:45 am] Christ, Office of Communications; and hopping coordination, External radio United States Catholic Conference. BILLING CODE 6712±01±P frequency power amplifiers, Transition However, the Order extends the provisions, Definition of direct sequence comment period until April 12, 1996 and Pseudorandom sequence and 47 CFR Parts 36 and 69 and the reply comment period until frequency hopping systems. These are May 7, 1996 for all interested parties. discussed in more detail in the full text [CC Docket No. 96±45; DA±96±483] Federal Communications Commission. of the Commission’s NPRM, ET Docket Kenneth P. Moran, 96–8. Federal-State Joint Board on Universal Chief, Accounting and Audits Division, Initial Regulatory Flexibility Analysis Service Common Carrier Bureau. 1. Reason for Action: This rule AGENCY: Federal Communications [FR Doc. 96–8536 Filed 4–2–96; 4:21 pm] making proceeding is initiated to obtain Commission. BILLING CODE 6712±01±P comment regarding proposed changes to ACTION: Proposed rule: extension of the regulations for non-licensed spread time. spectrum transmitters. DEPARTMENT OF TRANSPORTATION 2. Objectives: The Commission seeks SUMMARY: On April 1, 1996, the Federal to determine if the standards should be Communications Commission Surface Transportation Board amended as sought in Petitions for Rule (‘‘Commission’’) released an Order 49 CFR Part 1002 Making filed by WMC, Symbol and (‘‘Order’’) extending the deadline for SpectraLink. Additional amendments filing comments to its Notice of [STB Ex Parte No. 542] are also proposed to clarify the existing Proposed Rulemaking and Order regulations and to codify existing Establishing Joint Board, released March Regulations Governing Fees for policies into the rules. 8, 1996 (CC Docket No. 96–45). Services Performed In Connection 3. Legal Basis: The proposed action is Previously, comments were due April 8, With Licensing and Related ServicesÐ authorized under Sections 4(i), 301, 302, 1996 and reply comments were due May 1996 Update 303(e), 303(f), 303(r), 304 and 307 of the 3, 1996. The Order extends the AGENCY: Surface Transportation Board, Communications Act of 1934, as comment deadline to April 12, 1996 and DOT. amended, 47 U.S.C. Sections 154(i), 301, extends the reply comment deadline to ACTION: Notice of proposed rulemaking. 302, 303(e), 303(f), 303(r), 304 and 307. May 7, 1996. This extension will allow Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15209

SUMMARY: The Surface Transportation filing fees for those entities which can (f) * * * Board (Board) is proposing to adopt its make the required showing of financial (6) * * * 1996 User Fee Update and to revise its hardship. fee schedule at this time to recover the Additional information is contained Grade Rate costs associated with providing services in the Commission’s decision. To obtain to the public. a copy of the full decision, write, call, GS±1 ...... $7.13 DATES: Comments are due on May 6, or pick up in person from DC News & GS±2 ...... 7.76 1996. Data, Inc., Room 2229, 1201 GS±3 ...... 8.75 ADDRESSES: Send comments (an original Constitution Avenue NW., Washington, GS±4 ...... 9.82 and 10 copies referring to STB Ex Parte DC 20423. Telephone: (202) 289–4357/ GS±5 ...... 10.99 No. 5427) to: Surface Transportation 4359. [Assistance for the hearing GS±6 ...... 12.25 Board, Office of the Secretary, Case impaired is available through TDD GS±7 ...... 13.61 Control Branch, 1201 Constitution services (202) 927–5721.] GS±8 ...... 15.07 Avenue NW., Washington, DC 20423. GS±9 ...... 16.65 List of Subjects in 49 CFR Part 1002 GS±10 ...... 18.33 FOR FURTHER INFORMATION CONTACT: Administrative practice and GS±11 ...... 20.14 Kathleen M. King, (202) 927–5249 or procedure, Common carriers, Freedom GS±12 ...... 24.14 David T. Groves, (202) 927–6395. [TDD of information, User fees. GS±13 ...... 28.71 for the hearing impaired: (202) 927– Decided: March 26, 1996. GS±14 ...... 33.93 5721.] GS±15 and over ...... 39.91 SUPPLEMENTARY INFORMATION: The By the Board, Chairman Morgan, Vice Chairman Simmons, and Commissioner Board’s regulations in 49 CFR 1002.3 * * * * * require the Board to update its user fee Owen. schedule annually.1 In this proceeding, Vernon A. Williams, 3. Section 1002.2 is proposed to be the Board proposes to revise its fee Secretary. amended by revising paragraphs (d), schedule based on the cost study For the reasons set forth in the and (f), and the heading of paragraph (e) formula set forth at 49 CFR 1002.3(d). preamble, title 49, chapter X, part 1002, to read as follows: of the Code of Federal Regulations is The Board also proposes to modify § 1002.2 Filing fees. selected fees to reflect new cost study proposed to be amended as follows: data. In addition, new fees are proposed * * * * * for services and activities that have not PART 1002ÐFEES (d) Related or consolidated previously been included in the Board’s 1. The authority citation for part 1002 proceedings. (1) Separate fees need not user fee schedule. is proposed to be revised to read as be paid for related applications filed by In the current fee schedule, the fees follows: the same applicant which would be the for a number of Board proceedings have subject of one proceeding. been set at less than fully distributed Authority: 5 U.S.C. 552(a)(4)(A), and 553; (2) A separate fee will be assessed for cost. The Board is proposing to adopt 31 U.S.C. 9701 and 49 U.S.C. 721. the filing of an application for the policy of setting all of its user fees 2. Section 1002.1 is proposed to be temporary authority to operate a motor at a level that will recover the Board’s amended by revising paragraphs (b), carrier of passengers as provided in full cost of providing the involved (e)(1) and the chart in paragraph (f)(6) to paragraph (f)(5) of this section services. Accordingly, the Board read as follows: regardless of whether such application proposes to establish the fees for such § 1002.1 Fees for records search, review, is related to a corresponding transfer proceedings as major and significant rail copying, certification, and related services. proceeding as provided for in paragraph mergers, rail finance proceedings, formal complaints, and petitions for * * * * * (f)(2) of this section. declaratory order at the fully distributed (b) Service involved in examination of (3) The Board may reject concurrently cost level. tariffs or schedules for preparation of filed applications, petitions, notices, In this proceeding, the Board also is certified copies of tariffs or schedules or contracts summaries, or other proposing to update these regulations to extracts therefrom at the rate of $24.00 documents asserted to be related and reflect the recent enactment of the ICC per hour. refund the filing fee if, in its judgment, Termination Act of 1995. * * * * * they embrace two or more severable The Board concludes that the fee (e) * * * matters which should be the subject of changes proposed here will not have a (1) A fee of $42.00 per hour for separate proceedings. professional staff time will be charged significant economic impact on a (e) Waiver or reduction of filing fees. substantial number of small entities when it is required to fulfill a request because the Board’s regulations in 49 for ADP data. * * * * * CFR 1002.2(e) provide for waiver of * * * * * (f) Schedule of filing fees.

Type of Proceeding Fee

Part I: Non-rail applications or proceedings to enter upon a particular financial transaction or joint arrangement: (1) An application for the pooling or division of traffic ...... $2,400. (2) An application involving the purchase, lease, consolidation, merger, or acquisition of control of a motor carrier of $1,100. passengers under 49 U.S.C. 14303. (3) An application for approval of a non-rail rate association agreement. 49 U.S.C. 13706 ...... $15,400.

1 Effective January 1, 1996, the ICC Termination Commission shall continue in effect according to Commission to the Surface Transportation Board Act of 1995, Pub. L. No. 104–88, 109 Stat. 803 their terms until modified or terminated. Pursuant to the ICC Termination Act of 1995, STB abolished the Interstate Commerce Commission and Accordingly, all of the Commission’s regulations, Ex Parte No. 525 61 FR 1842 (1–24–96). established the Board within the Department of including those related to user fees in 49 CFR Part Transportation. The Act provides that with certain 1002 were transferred to the Board in Transfer of exceptions, all regulations previously issued by the Regulations from the Interstate Commerce 15210 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules

Type of Proceeding Fee

(4) An application for approval of an amendment to a non-rail rate association agreement: (i) Significant amendment ...... $2,500. (ii) Minor amendment ...... $50. (5) An application for temporary authority to operate a motor carrier of passengers 49 U.S.C. 14303(i) ...... $250. (6)±(10) [Reserved] Part II: Rail licensing proceedings other than abandonment or discontinuance proceedings: (11) (i) An application for a certificate authorizing the construction, extension, acquisition, or operation of lines of rail- $4,000. road. 49 U.S.C. 10901. (ii) Notice of exemption under 49 CFR 1150.31±1150.35 ...... $1,000. (iii) Petition for exemption under 49 U.S.C. 10502 (except petitions involving construction of a rail line) ...... $7,000. (12) A petition for exemption under 49 U.S.C. 10502 involving the construction of a rail line ...... $41,700. (13) A Feeder Line Development Program application filed under 49 U.S.C. 10907(b)(1)(A)(i) or 10907(b)(1)(A)(ii) ..... $12,800. (14) (i) An application of a class II or class III carrier to acquire an extended or additional rail line under 49 U.S.C. $3,400. 10902. (ii) Petition for exemption under 49 U.S.C. 10502 relating to an exemption from the provisions of 49 U.S.C. 10902 ..... $3,700. (15) A notice of a modified certificate of public convenience and necessity under 49 CFR 1150.21±1150.24 ...... $950. (16)±(20) [Reserved] Part III: Rail abandonment or discontinuance of transportation services proceedings: (21) (i) An application for authority to abandon all or a portion of a line of railroad or discontinue operation thereof $12,400. filed by a railroad (except applications filed by Consolidated Rail Corporation pursuant to the North East Rail Serv- ice Act [Subtitle E of Title XI of Pub. L. 97±35], bankrupt railroads, or exempt abandonments. (ii) Notice of an exempt abandonment or discontinuance under 49 CFR 1152.50 ...... $2,000. (iii) A petition for exemption under 49 U.S.C. 10502 ...... $3,500. (22) An application for authority to abandon all or a portion of a line of a railroad or operation thereof filed by Consoli- $250. dated Rail Corporation pursuant to North East Rail Service Act. (23) Abandonments filed by bankrupt railroads ...... $1,000. (24) A request for waiver of filing requirements for abandonment application proceedings ...... $1,000. (25) An offer of financial assistance (OFA) under 49 U.S.C. 10904 relating to the purchase of or subsidy for a rail line $900. proposed for abandonment. (26) A request to set terms and conditions for the sale of or subsidy for a rail line proposed to be abandoned ...... $12,700. (27) A request for a trail use condition in an abandonment proceeding under 16 U.S.C. 1247(d) ...... $650. (28)±(35) [Reserved] Part IV: Rail applications to enter upon a particular financial transaction or joint arrangement: (36) An application for use of terminal facilities or other applications under 49 U.S.C. 11102 ...... $10,600. (37) An application for the pooling or division of traffic. 49 U.S.C. 11322 ...... $5,700. (38) An application for two or more carriers to consolidate or merge their properties or franchises (or a part thereof) into one corporation for ownership, management, and operation of the properties previously in separate ownership. 49 U.S.C. 11324: (i) Major transaction ...... $830,500. (ii) Significant transaction ...... $166,100. (iii) Minor transaction ...... $3,400. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ...... $950. (v) Responsive application ...... $3,400. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $5,200. (39) An application of a non-carrier to acquire control of two or more carriers through ownership of stock or other- wise. 49 U.S.C. 11324. (i) Major transaction ...... $830,500. (ii) Significant transaction ...... $166,100. (iii) Minor transaction ...... $3,400. (iv) A notice of an exempt transaction under 49 CFR 1180.2(d) ...... $750. (v) Responsive application ...... $3,400. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $5,200. (40) An application to acquire trackage rights over, joint ownership in, or joint use of any railroad lines owned and op- erated by any other carrier and terminals incidental thereto. 49 U.S.C. 11324: (i) Major transaction ...... $830,500. (ii) Significant transaction ...... $166,100. (iii) Minor transaction ...... $3,400. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ...... $650. (v) Responsive application ...... $3,400. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $5,200. (41) An application of a carrier or carriers to purchase, lease, or contract to operate the properties of another, or to acquire control of another by purchase of stock or otherwise. 49 U.S.C. 11324: (i) Major transaction ...... $830,500. (ii) Significant transaction ...... $166,100. (iii) Minor transaction ...... $3,400. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ...... $800. (v) Responsive application ...... $3,400. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $3,700. (42) Notice of a joint project involving relocation of a rail line under 49 CFR 1180.2(d)(5) ...... $1.300. (43) An application for approval of a rail rate association agreement. 49 U.S.C. 10706 ...... $39,000. (44) An application for approval of an amendment to a rail rate association agreement. 49 U.S.C. 10706: (i) Significant amendment ...... $7,200. (ii) Minor amendment ...... $50. (45) An application for authority to hold a position as officer or director under 49 U.S.C. 11328 ...... $400. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15211

Type of Proceeding Fee

(46) A petition for exemption under 49 U.S.C. 10502 (other than a rulemaking) filed by rail carrier not otherwise cov- $4,400. ered. (47) National Railroad Passenger Corporation (Amtrak) conveyance proceeding under 45 U.S.C. 562 ...... $84,200. (48) National Railroad Passenger Corporation (Amtrak) compensation proceeding under Section 402(a) of the Rail $102,100. Passenger Service Act. (49)±(55) [Reserved] Part V: Formal proceedings: (56) A formal complaint alleging unlawful rates or practices of rail carriers, motor carriers of passengers or motor car- riers of household goods: (i) A formal complaint filed under the coal rate guidelines (Stand-Alone Cost Methodology) alleging unlawful rates $233,200. and/or practices of rail carriers under 49 U.S.C. 10704(c)(1). (ii) All other formal complaints ...... $23,100 (57) A complaint seeking or a petition requesting institution of an investigation seeking the prescription or division of $4,900. joint rates, or charges. 49 U.S.C. 10705. (58) A petition for declaratory order: (i) A petition for declaratory order involving a dispute over an existing rate or practice which is comparable to a $5,000. complaint proceeding. (ii) All other petitions for declaratory order ...... $3,700. (59) An application for shipper antitrust immunity. 49 U.S.C. 10706(a)(5)(A) ...... $3,900. (60) Labor arbitration proceedings ...... $7,600. (61) Appeals to a Surface Transportation Board decision and petitions to revoke an exemption pursuant to 49 U.S.C. $3,700. 10502(d). (62) Motor carrier undercharge proceedings ...... $5,800. (63)±(75) [Reserved] Part VI: Informal proceedings: (76) An application for authority to establish released value rates or ratings for motor carriers and freight forwarders $650. of household goods under 49 U.S.C. 14706. (77) An application for special permission for short notice or the waiver of other tariff publishing requirements ...... $70. (78) (i) The filing of tariffs, including supplements, or contract summaries ...... $1 per page ($13 minimum charge.) (ii) Tariffs transmitted by fax ...... $1 per page. (79) Special docket applications from rail and water carriers: (i) Applications involving $25,000 or less ...... $40. (ii) Applications involving over $25,000 ...... $80. (80) Informal complaint about rail rate applications ...... $300. (81) Tariff reconciliation petitions from motor common carriers: (i) Petitions involving $25,000 or less ...... $40. (ii) Petitions involving over $25,000 ...... $80. (82) Request for a determination of the applicability or reasonableness of motor carrier rates under 49 U.S.C. $100. 13710(a) (2) and (3). (83) Filing of documents for recordation. 49 U.S.C. 11301 and 49 CFR 1177.3(c) ...... $22 per document. (84) Informal opinions about rate applications (all modes) ...... $100. (85) A railroad accounting interpretation ...... $600. (86) An operational interpretation ...... $800. (87)±(95) [Reserved] Part VII: Services: (96) Messenger delivery of decision to a railroad carrier's Washington, DC, agent ...... $17 per delivery. (97) Request for service or pleading list for proceedings ...... $13 per list. (98) (i) Processing the paperwork related to a request for the Carload Waybill Sample to be used in a Surface Trans- $150. portation Board or State proceeding that does not require a Federal Register notice. (ii) Processing the paperwork related to a request for Carload Waybill Sample to be used for reasons other than $350. a Surface Transportation Board or State proceeding that requires a Federal Register notice. (99) (i) Application fee for the Surface Transportation Board's Practitioners' Exam ...... $100. (ii) Practitioners' Exam Information Package ...... $25. (100) Uniform Railroad Costing System (URCS) software and information: (i) Initial PC version URCS Phase III software program and manual ...... $50. (ii) Updated URCS PC version Phase III cost file, if computer disk provided by requestor ...... $10. (iii) Updated URCS PC version Phase III cost file, if computer disk provided by the Board ...... $20. (iv) Public requests for Source Codes to the PC version URCS Phase III ...... $500. (v) PC version or mainframe version URCS Phase II ...... $400. (vi) PC version or mainframe version Updated Phase II databases ...... $50. (vii) Public requests for Source Codes to PC version URCS Phase II ...... $1,500. (101) Carload Waybill Sample data on recordable compact disk (R±CD): (i) Requests for Public Use File on R±CD First Year ...... $450. (ii) Requests for Public Use File on R±CD Each Additional Year ...... $150. (iii) WaybillÐSurface Transportation Board or State proceedings on R±CDÐFirst Year ...... $650. (iv) WaybillÐSurface Transportation Board or State proceedings on R±CDÐSecond Year on same R±CD ...... $450. (v) WaybillÐSurface Transportation Board of State proceeding on R±CDÐSecond Year on different R±CD ...... $500. (vi) User Guide for latest available Carload Waybill Sample ...... $50.

* * * * * 15212 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules

[FR Doc. 96–8293 Filed 4–4–96; 8:45 am] 630 under the authority of the only due to the inability to supply the BILLING CODE 4915±00±P Magnuson Fishery Conservation and holiday market demand for swordfish, Management Act (16 U.S.C. 1801 et seq.) but also due to the lack of alternative and the Atlantic Tunas Convention Act fisheries (no other tunas, for example). DEPARTMENT OF COMMERCE (ATCA) (16 U.S.C. 971 et seq.). There is a high probability that the large Regulations issued under the authority coastal shark fishery would be closed National Oceanic and Atmospheric of ATCA carry out the recommendations during that end-of-the-year time period Administration of ICCAT. as well. The 1994 ICCAT stock assessment for NMFS proposes to decrease the 50 CFR Part 630 North Atlantic swordfish indicated the annual TAC by 359 mt to 2,625 mt, [Docket No. 960314073±6073±01; I.D. stock is continuing to decline and that which is consistent with the 1994 030896E] large reductions in quotas are required ICCAT recommendation. All weights are in the immediate future to rebuild the in dressed weight of swordfish, unless RIN 0648±AI23 stock to levels that can support the indicated otherwise. The TAC would be maximum sustainable yield. In 1995, divided between a directed-fishery Atlantic Swordfish Fishery; Quotas, the Standing Committee on Research quota of 2,371 mt and a bycatch quota Minimum Size, and Technical Changes and Statistics (SCRS) of ICCAT re-ran of 254 mt. The directed-fishery quota AGENCY: National Marine Fisheries the stock production model using would be divided into two 1,185.5 mt Service (NMFS), National Oceanic and revised catch data through 1993, and semiannual quotas for each of the 6- Atmospheric Administration (NOAA), results indicated that the North Atlantic month periods, June 1 through Commerce. swordfish resource has continued to November 30, and December 1 through ACTION: Proposed rule. decline despite reductions in total May 31. Each of the 1,185.5 mt reported landings from peak values in semiannual quotas would be further SUMMARY: NMFS proposes to amend the 1987. Based on the assessment results, subdivided into a drift gillnet quota of regulations governing the Atlantic ICCAT recommended reduced quotas 23.45 mt and a longline and harpoon swordfish fishery to: Reduce the total for the major nations fishing for North quota of 1,162.05 mt. This allocation by allowable catch (TAC) to 2,625 metric Atlantic swordfish, i.e., the United gear types uses the same percentages tons (mt) dressed weight (dw) via a split States, Spain, Canada, and Portugal. For that were in effect in 1995. season (June 1 - May 31), decrease the 1996, the recommended U.S. quota is NMFS estimates that approximately minimum size to 73 cm (29 inches) 3,500 mt whole weight (ww), or 5.8 97.6 mt of swordfish semiannually will cleithrum to caudal keel measure and million lb dw. be discarded dead, based on the rate eliminate the trip allowance for These proposed regulatory changes used in 1995. Therefore, the semiannual undersized fish, and make technical would improve NMFS’ ability to landing quota for the longline and changes to ensure consistency of implement the ICCAT recommendations harpoon swordfish fishery would be the regulations. The intent of this action is and further the management objectives semiannual catch quota of 1162.05 mt to protect the swordfish resource while for the Atlantic swordfish fishery. minus the estimated semiannual dead allowing harvests of swordfish NMFS has re-evaluated the annual TAC, discards of 97.6 mt, or 1,064.44 mt for consistent with recommendations of the the seasonal implementation of this each of the two semiannual periods. International Commission for the TAC, and the need for technical changes Following a closure of the directed Conservation of Atlantic Tunas (ICCAT). to the regulatory text in the Atlantic longline fishery, any overharvest or DATES: Comments on the proposed rule swordfish fishery in accordance with underharvest would be added or must be submitted on or before May 2, the procedures and factors specified in subtracted, respectively, to the bycatch 1996. 50 CFR 630.24(d), including reserve of 254 mt. The ability to add or consideration of the latest stock ADDRESSES: Copies of an Environmental subtract underage or overage ensures assessment and recommendations of Assessment/Regulatory Impact Review that the United States would abide by ICCAT. The proposed regulations are (EA/RIR) supporting this action may be ICCAT quotas. summarized as follows: NMFS has no new information obtained from William Hogarth, Acting sufficient to justify changes in the Chief, Highly Migratory Species 1. Total Allowable Catch (TAC) existing 10 mt special set-aside quota for Management Division, Office of NMFS proposes to change the harpoon gear. Fisheries Conservation and definition of the fishing year for Management, National Marine Fisheries purposes of TAC implementation for 2. Bridge Period TAC Service, 1315 East-West Highway, Silver several reasons. First, establishing that Because a split season is proposed, a Spring, MD 20910. Comments regarding the fishing year begins June 1 would bridge period TAC must be determined the burden-hour estimate or any other facilitate NMFS’ implementation of for the first 5 months of 1996. NMFS aspect of the collection-of-information ICCAT quotas for all future years by proposes a TAC equal to five twelfths of requirement contained in this rule allowing additional months following the 1995 U.S. quota, which is equivalent should be sent to William Hogarth and the November ICCAT meeting for the to 1,149.5 mt (106 mt bycatch, 1021 mt to the Office of Management and Budget regulatory process (scoping, proposed longline, and 22.5 mt drift gillnet). (OMB), (0648–0016), Attention: NOAA rule, public hearings, final rule). Quota for this bridge period plus the Desk Officer, Washington, DC 20503. Second, this approach would ensure first semiannual quota result in a FOR FURTHER INFORMATION CONTACT: that the domestic swordfish fishery January 1–December 1 quota of 2,364.4 William Hogarth, 301–713–2339; fax: would be open during certain critical mt dw, or approximately 3,144.6 mt 301–713–0596. marketing months, namely early July round weight, which is 355 mt less than SUPPLEMENTARY INFORMATION: The and the December holiday period. the 3,500 mt calendar-year quota set by Atlantic swordfish fishery is managed Anecdotal evidence indicates that if the ICCAT. Since it is unlikely that under the Fishery Management Plan for swordfish fishery is subject to a December 1996 landings will exceed Atlantic Swordfish and its calendar-year quota, closures during 355 mt, implementation of the split implementing regulations at 50 CFR part December are particularly difficult, not season with the five twelfths bridge Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15213 period TAC also meets the ICCAT to nor shall a person be subject to a under § 630.4 must ensure that a daily calendar year quota requirements. penalty for failure to comply with a logbook form is maintained of the collection of information subject to the vessel’s swordfishing effort, catch, and 3. Alternative Minimum Size requirements of the Paperwork disposition on logbook forms available This proposed rule would implement Reduction Act unless that collection of from the Science and Research Director. the ICCAT-recommended alternative information displays a currently valid Such forms must be submitted to the minimum size of 119 cm lower jaw fork OMB Control Number. Science and Research Director length with a zero tolerance for This proposed rule includes changes postmarked not later than the 7th day undersized fish. Therefore, the current to the regulatory text regarding vessel after sale of the swordfish off-loaded tolerance of undersized fish (15 percent reporting requirements, in an effort to be from a trip. If no fishing occurred during by number per trip) would be consistent with changes in the logbook a month, a report so stating must be eliminated. The minimum size is program. However, there are no new submitted in accordance with equivalent to a cleithrum to caudal keel collection-of-information requirements instructions provided with the logbook measure (CK) of 73 cm (29 inches) or 15 since the proposed rule simply clarifies forms. Logbooks must be kept on board kg (33 lb) dw. SCRS research shows that requirements that have been approved the vessel at all times. this reduced minimum size with zero by the Office of Management and * * * * * tolerance is equivalent to the alternative Budget under Control Number 0648– 3. In § 630.7, paragraph (q) is revised recommendation in terms of fishing 0016. Public reporting burden for this to read as follows: mortality. This alternative would allow collection of information is estimated to U.S. fishermen to harvest smaller fish average 2 minutes for logbook records § 630.7 Prohibitions. and may reduce the discard rate. It also and trip summaries. * * * * * greatly facilitates enforcement. These estimates include the time for (q) Possess on board a vessel a 4. Technical Changes reviewing instructions, searching swordfish that is smaller than the existing data sources, gathering and minimum size specified in § 630.23(a). This proposed rule includes changes maintaining the data needed, and * * * * * to the regulatory text regarding vessel completing and reviewing the collection reporting requirements, in an effort to be 4. In § 630.23, paragraph (b) is of information. Send comments removed, paragraphs (c) and (d) are consistent with changes in the logbook regarding this burden estimate or any program. redesignated as paragraphs (b) and (c), other aspects of this collection of respectively, and the first sentence of Classification information, including suggestions for paragraph (a) and the last sentence of This proposed rule is published under reducing this burden, to NMFS and newly designated paragraph (b) are the authority of ATCA. The Assistant OMB (see ADDRESSES). revised to read as follows: Administrator has preliminarily NMFS issued biological opinions § 630.23 Harvest limitations. determined that the regulations under the Endangered Species Act on contained in this rule are necessary to September 1, 1995, and on February 2, (a) Minimum size. The minimum implement the recommendations of 1996, indicating that the level of impact allowable size for possession on board ICCAT and are necessary for and marine mammal takes from the a fishing vessel for a swordfish taken management of the Atlantic swordfish longline and harpoon, and drift gillnet from the management unit is 29 inches fishery. The Assistant General Counsel swordfish fishery is not likely to (73 cm) carcass length, measured along for Legislation and Regulation of the jeopardize the continued existence of the body contour (i.e., a curved Department of Commerce has certified any sea turtle species or any marine measurement) from the cleithrum to the to the Chief Counsel for Advocacy of the mammal populations. anterior portion of the caudal keel (CK Small Business Administration that the List of Subjects in 50 CFR Part 630 measurement) or, if swordfish are proposed rule would not have a weighed, 33 lb (15 kg) dressed weight. Fisheries, Fishing, Reporting and significant economic impact on a * * * recordkeeping requirements, Treaties. substantial number of small entities. (b) * * * A shark-bit swordfish for The 1996 TAC represents about a 12 Dated: April 2, 1996. which the remainder of the carcass is percent reduction from the TAC of the Gary Matlock, less than the minimum size limit previous year, which could result in Program Manager, National Marine Fisheries specified in paragraph (a) of this section short-term potential losses in gross Service. may not be landed. revenue of about $3.2 million. However, For the reasons set out in the * * * * * these potential losses will be at least preamble, 50 CFR part 630 is proposed 5. In § 630.24, paragraphs (b)(1), partially offset by increases in price due to be amended as follows: (d)(4), and (e) are revised, paragraph to declining supply (demand is price- (b)(2) is redesignated as paragraph inelastic) and the split season. In PART 630ÐATLANTIC SWORDFISH (b)(3), and a new paragraph (b)(2) is addition, pelagic longline vessels may FISHERY added to read as follows: redirect fishing effort to Atlantic tunas, 1. The authority citation for part 630 § 630.24 Quotas. dolphin fish, and other species, as continues to read as follows: occurred in the 1995 season. As a result, * * * * * a regulatory flexibility analysis was not Authority: 16 U.S.C. 1801 et seq. and 16 (b) * * * prepared. The RIR provides further U.S.C. 971 et seq. (1) The directed fishery quota for the discussion of the economic effects of the 2. In § 630.5, paragraph (a)(1) is period January 1, 1996, through May 31, proposed rule. revised to read as follows: 1996, is 1,021 mt dressed weight for the This action has been determined to be longline fishery, 22.5 mt dressed weight not significant for purposes of E.O. § 630.5 Recordkeeping and recording. for the drift gillnet fishery, and 106 mt 12866. (a) Fishing vessel reports. (1) The dressed weight for the bycatch fishery. Notwithstanding any other provision owner and operator of a vessel for (2) The annual quota for the directed of law, no person is required to respond which a vessel permit has been issued fishery for swordfish is 2,371 mt dressed 15214 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules weight, divided into two semiannual mt dressed weight may be landed in this 6. In § 630.25, the first sentence of quotas as follows: category. paragraph (b) is revised to read as (i) For the semiannual period June 1 * * * * * follows: through November 30: (d) * * * (A) 23.45 mt dressed weight, that may (4) Any adjustments to the 12-month § 630.25 Closures and bycatch limits. be harvested by drift gillnet; and directed-fishery quota will be * * * * * (B) 1,162.05 mt dressed weight that apportioned equally between the June 1 may be harvested by longline and (b) * * * The procedures of paragraph through November 30 and December 1 (a)(1) of this section notwithstanding, harpoon. To account for harvested fish through May 31 semiannual periods. that are discarded dead, only 1064.44 during the June 1 through November 30 mt dressed weight, may be landed in * * * * * semiannual period, swordfish not this category. (e) NMFS may adjust the December 1 exceeding 21,500 lb (9,752 kg), dressed (ii) For the semiannual period through May 31 semiannual directed- weight, may be set aside for the harpoon December 1 through May 31: fishery quota and gear quotas to reflect segment of the fishery. * * * actual catches during the June 1 through (A) 23.45 mt dressed weight that may * * * * * be harvested by drift gillnet; and November 30 semiannual period, [FR Doc. 96–8489 Filed 4–2–96; 4:45 pm] (B) 1,162.05 mt dressed weight that provided that the 12-month directed- may be harvested by longline and fishery and gear quotas are not BILLING CODE 3510±22±F harpoon. To account for harvested fish exceeded. that are discarded dead, only 1064.44 * * * * * 15215

Notices Federal Register Vol. 61, No. 67

Friday, April 5, 1996

This section of the FEDERAL REGISTER Act of 1949. The section 504 program ways to enhance the quality, utility and contains documents other than rules or enables very low-income owner- clarity of the information to be proposed rules that are applicable to the occupants in rural areas to obtain loans collected; and (d) ways to minimize the public. Notices of hearings and investigations, to remove unsafe, unhealthy, and burden of the collection of information committee meetings, agency decisions and hazardous conditions from their homes. on those who are to respond, including rulings, delegations of authority, filing of petitions and applications and agency In order to assist its borrowers to through the use of appropriate statements of organization and functions are become successful homeowners and to automated, electronic, mechanical, or examples of documents appearing in this protect the Government’s security other technological collection section. interest, RHS provides borrowers who techniques or other forms of information receive section 502 and 504 loans with technology. Comments may be sent to counseling and supervision. Director, Regulations and Paperwork DEPARTMENT OF AGRICULTURE RHS will be collecting information Management Division, U.S. Department from borrowers who may be of Agriculture, RECD, Ag Box 0743, Rural Housing Service experiencing financial difficulty and Washington, DC 20250. All responses to could be in danger of losing their this notice will be summarized and Notice of Request for Extension of a homes. At this time this information is included in the request for OMB Currently Approved Information collected and evaluated by the local approval. All comments will also Collection RHS County Office. This information is become a matter of public record. needed by RHS to determine if AGENCY: The Rural Housing Service, Dated: March 31, 1996. USDA. borrowers, based on their individual situations, qualify for various servicing Maureen Kennedy, ACTION: Proposed collection; comments authorities that are available. The Administrator, Rural Housing Service. request. information is collected on an as needed [FR Doc. 96–8399 Filed 4–4–96; 8:45 am] SUMMARY: In accordance with the basis, since the circumstances that may BILLING CODE 3410±07±P Paperwork Reduction Act of 1995, this qualify a borrower for these various notice announces the Rural Housing authorities cannot be anticipated. The Service’s (RHS) intention to request an information collected is required for the DEPARTMENT OF COMMERCE extension for a currently approved borrower to obtain the various loan information collection in support of the servicing options available. If not Submission For OMB Review; program for Borrower Supervision, collected, RHS would be unable to Comment Request determine if a borrower would qualify Servicing and Collection of Single DOC has submitted to the Office of for any of the servicing options; thereby, Family Housing Loan Accounts. Management and Budget (OMB) for possibly causing a borrower to lose his DATES: Comments on this notice must be clearance the following proposal for received by June 4, 1996 to be assured or her home. Estimate of Burden: Public reporting collection of information under the of consideration. burden for this collection of information provisions of the Paperwork Reduction FOR FURTHER INFORMATION CONTACT: is estimated to average 3.27 hours per Act (44 U.S.C. chapter 35). Lucia A. McKinney, Loan Specialist, response. Agency: Patent and Trademark Office. Single Family Housing Servicing and Respondents: Individuals or Title: Customer Input – Patent and Property Management Division, RHS, households. Trademark Customer Surveys. U.S. Department of Agriculture, Ag Box Estimated Number of Respondents: Form Number(s): NA. 0784, Washington, DC 20250, 32,000. Agency Approval Number: NA. Telephone (202) 720–1452. Estimated Number of Responses per Type of Request: New collection. Respondent: 1.45. Burden: 5,000 hours. SUPPLEMENTARY INFORMATION: Estimated Total Annual Burden on Number of Respondents: 10,000. Title: Borrower Supervision, Servicing Respondents: 14,200 hours. Avg Hours Per Response: Varies with and Collection of Single Family Housing Copies of this information collection each survey. Loan Accounts. can be obtained from the Director, Needs and Uses: This request is for a OMB Number: 0575–0060. Regulations and Paperwork generic clearance for surveys to be Expiration Date of Approval: April Management Division, at (202) 720– conducted over the next 3 years. The 1996. 9725. surveys will be designed to obtain Type of Request: Extension of a customer feedback relating to PTO currently approved information Comments products, services and related service collection. Comments are invited on: (a) whether standards. Abstract: The rural housing loan the proposed collection of information Affected Public: Businesses or other program under section 502 of the is necessary for the proper performance for–profit isntitutions, individuals or Housing Act of 1949, 42 U.S.C. Section of the functions of RHS, including households, not–for–profit institutions, 1472, enables persons of low to whether the information will have Federal Government, and state, local or moderate income to purchase adequate practical utility; (b) the accuracy of tribal government. but modest dwellings in rural areas. In RHS’s estimate of the burden of the Frequency: On occasion. addition, the program includes proposed collection of information Respondent’s Obligation: Voluntary. borrowers that obtain financing from the including the validity of the OMB Desk Officer: Maya Bernstein, RHS under Section 504 of the Housing methodology and assumptions used; (c) (202) 395–3785. 15216 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Copies of the above information pay television, and other (d) ways to minimize the burden of the collection proposal can be obtained by communication service industries. The collection of information on calling or writing Linda Engelmeier, Bureau of Economic Analysis (BEA), the respondents, including the use of Acting DOC Forms Clearance Officer, primary Federal user, uses the automated collection techniques or (202) 482–3272, Department of information in developing the national other forms of information technology. Commerce, Room 5312, 14th and income and product accounts, and Comments submitted in response to Constitution Avenue, NW, Washington, compiling benchmark and annual input- this notice will be summarized and/or DC 20230. output tables, and Gross Domestic included in the request for OMB Written comments and Product (GDP) by industry. The Federal approval of this information collection; recommendations for the proposed Communication Commission (FCC) uses they also will become a matter of public information collection should be sent these data as a means for assessing FCC record. within 30 days of publication of this policy. The Bureau of Labor Statistics Dated: April 1, 1996. notice to Maya Bernstein, OMB Desk (BLS) uses these data as input to its Linda Engelmeier, Officer, room 10236, New Executive Producer Price Indices. Private industry Office Building, Washington, DC 20503. Acting Departmental Forms Clearance uses the data in planning and as a Officer, Office of Management and Dated: March 29, 1996. marketing analysis tool. Data are Organization. Linda Engelmeier, collected from all of the largest firms [FR Doc. 96–8370 Filed 4–4–96; 8:45 am] and from a sample of small- and Acting Departmental Forms Clearance BILLING CODE 3510±07±P Officer, Office of Management and medium-sized businesses, selected Organization. using a stratified random sampling [FR Doc. 96–8371 Filed 4–4–96; 8:45 am] procedure. The ASCS sample is Foreign-Trade Zones Board reselected periodically, generally at 5- BILLING CODE 3510±16±F year intervals. The largest firms [Docket 25±96] continue to be canvassed when the Foreign-Trade Zone 14ÐLittle Rock, Bureau of the Census sample is re-drawn, while nearly all of the small- and medium-sized firms from Arkansas; Application for Subzone; Mid States Pipe Fabricating, Inc. (Steel Annual Survey of Communication the old sample are replaced. The next Pipe); El Dorado, AR Services such revision, utilizing results from the 1992 economic census, will be effective An application has been submitted to ACTION: Proposed Agency Information with the 1996 survey year. the Foreign-Trade Zones Board (the Collection Activity; Comment Board) by the Little Rock Port Authority Requested. II. Method of Collection on behalf of the Industrial Development We collect this information by mail. SUMMARY: The Department of Commission of the State of Arkansas, Commerce, as part of its continuing III. Data grantee of FTZ 14, requesting special- purpose subzone status for the steel effort to reduce paperwork and OMB Number: 0607–0706. respondent burden, invites the general Form Numbers: B–516, B–517, B–518, pipe fabrication facilities of Mid States public and other Federal agencies to B–519, B–520, B–521. Pipe Fabricating, Inc. (Mid States), take this opportunity to comment on Type of Review: Regular Submission. located in El Dorado, Arkansas, some proposed and/or continuing information Affected Public: Businesses or other 110 miles south of Little Rock. The collections, as required by the for-profit organizations, not for profit application was submitted pursuant to Paperwork Reduction Act of 1995, institutions, Federal Government. the provisions of the Foreign-Trade Public Law 104–13 (44 U.S.C. Estimated Number of Respondents: Zones Act, as amended (19 U.S.C. 81a– 3506(c)(2)(A)). 1780. 81u), and the regulations of the Board DATES: Written comments must be Estimated Time Per Response: 3.9 (15 CFR part 400). It was formally filed submitted on or before June 4, 1996. hours. on March 25, 1996. This application replaces and closes ADDRESSES: Direct all written comments Estimated Annual Burden Hours: the file on an earlier application filed in to Linda Engelmeier, Acting 7000. 1993 and still pending involving a Mid Departmental Forms Clearance Officer, Estimated Total Cost: The total cost in States plant in Harlingen, Texas (FTZ Department of Commerce, Room 5327, fiscal year 1996 for the Annual Survey Doc. 58–93, filed 11/24/93, 58 FR 14th and Constitution Avenue NW., of Communication Services is $300,000, 63911, 12/3/93). Mid States closed its Washington, DC 20230. all borne by the Bureau of Census. The cost to the respondent is estimated to be Harlingen plant in 1995 and relocated FOR FURTHER INFORMATION CONTACT: $350,000, based on an annual response the operations to the El Dorado, Requests for additional information or burden of 7,000 hours and a rate of $50 Arkansas, plant that is the subject of this copies of the information collection per hour to complete the form. application. instrument(s) and instruction(s) should The Mid States El Dorado facilities be directed to Thomas E. Zabelsky, IV. Request for Comments consist of two sites within the City of El Bureau of the Census, Room 2775–FOB Comments are invited on: (a) Whether Dorado, Arkansas. The main facility 3, Washington, DC 20233–6500, the proposed collection of information (70,000 sq. ft. on 14 acres) is located at (301)457–2766. is necessary for the proper performance 1130 East Main Street. The second SUPPLEMENTARY INFORMATION: of the functions of the agency, including facility is located at 205 Hurley Road whether the information shall have (33,000 sq. ft. on 29 acres). The facilities I. Abstract practical utility; (b) the accuracy of the (100 employees) are used to fabricate The Annual Survey of agency’s estimate of burden (including steel and steel alloy pipe (1⁄2’’ to 60’’ Communication Services (ASCS) hours and cost) of the proposed outer diameter). The pipe is used by the provides detailed estimates of revenue collection of information; ways to oil refining, chemical processing, paper and expenses for the telephone, radio enhance the quality, utility and clarity production, power generation, and and television broadcasting, cable and of the information to be collected; and motor vehicle manufacturing industries. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15217

Foreign-origin materials used in the [Docket A(32b1)±3±96] Dated: March 27, 1996. manufacturing process include: iron and John J. Da Ponte, Jr., steel (alloy or non-alloy including Foreign-Trade Zone 124ÐGramercy, Executive Secretary. LA, Subzone 124A, TransAmerican carbon, stainless and chrome) pipes, [FR Doc. 96–8366 Filed 4–4–96; 8:45 am] Natural Gas Corporation (Oil Refinery flanges, elbows, fittings, swage nipples BILLING CODE 3510±DS±P and related items. (Foreign materials Complex) Request for Modification of would be admitted in privileged foreign Restrictions status (19 CFR 146.41)). [Order No. 809] A request has been submitted to the Zone procedures would exempt Mid Foreign-Trade Zones Board (the Board) Expansion of Foreign-Trade Zone 145, States from Customs duty payments on by the South Louisiana Port Shreveport, Louisiana, Area the foreign materials used in export Commission, grantee of FTZ 124, production (20% of output). On Pursuant to its authority under the pursuant to § 400.32(b)(1) of the Board’s Foreign-Trade Zones Act of June 18, domestic sales, the company would be regulations, for modification of the 1934, as amended (19 U.S.C. 81a–81u), able to defer Customs duties until restrictions in FTZ Board Order 379 (53 the Foreign-Trade Zones Board (the finished products are shipped from the FR 11539, 4/7/88) authorizing Subzone Board) adopts the following Order: plant. The company is also seeking an 124A at the crude oil refinery complex Whereas, an application from the exemption from the Customs duty on of TransAmerican Natural Gas Caddo-Bossier Port Commission, grantee scrap and waste that results from the Corporation (TransAmerican), in of Foreign-Trade Zone 145, for authority production process (3%). The foreign Destrehan, Louisiana. The request was to expand its general-purpose zone in materials and finished products held for formally filed on March 25, 1996. the Shreveport, Louisiana, area was export would be eligible for an The Board Order in question was filed by the Board on May 30, 1995 (FTZ exemption from certain state and local issued subject to certain standard Docket 28–95, 60 FR 30267, 6/8/95); ad valorem taxes. The application restrictions, including one that required and, indicates that the savings from zone the election of privileged foreign status Whereas, notice inviting public procedures would help improve the on incoming foreign merchandise. The comment was given in Federal Register plants’ international competitiveness. zone grantee has requested that the and the application has been processed In accordance with the Board’s latter restriction be modified so that pursuant to the FTZ Act and the Board’s regulations, a member of the FTZ Staff TransAmerican would have the option regulations; and, has been appointed examiner to available under the FTZ Act to choose Whereas, the Board adopts the investigate the application and report to non-privileged foreign (NPF) status on findings and recommendations of the examiner’s report, and finds that the the Board. foreign refinery inputs used to produce requirements of the FTZ Act and Public comment is invited from certain petrochemical feedstocks and by-products, including the following: Board’s regulations are satisfied, and interested parties. Submissions (original benzene, toluene, xylene, naphthalene, that the proposal is in the public and 3 copies) shall be addressed to the carbon black, other aromatic interest; Board’s Executive Secretary at the hydrocarbon mixtures, ethane, methane, Now, therefore, the Board hereby address below. The closing period for propane, butane, natural gas, ethylene, orders: their receipt is June 4, 1996. Rebuttal The application to expand FTZ 145 is propylene, butylene, cumene, petroleum comments in response to material approved, subject to the Act and the jelly, paraffin wax, petroleum coke, Board’s regulations, including Section submitted during the foregoing period sulfur, and sulfuric acid. may be submitted during the subsequent 400.28. The request cites the FTZ Board’s 15-day period June 19, 1996. Signed at Washington, DC, this 25th day of recent decision in the Amoco, Texas March 1996. A copy of the application and City, Texas case (Board Order 731, 60 Susan G. Esserman, accompanying exhibits will be available FR 13118, 3/10/95) which authorized Assistant Secretary of Commerce for Import for public inspection at each of the subzone status with the NPF option following locations: Administration, Alternate Chairman, Foreign- noted above. In the Amoco case, the Trade Zones Board. Board concluded that the restriction that U.S. Department of Commerce District Attest: Office, 425 W. Capitol Avenue, 7th precluded this NPF option was not John J. Da Ponte, Jr., Floor, Little Rock, Arkansas 72201 needed under current oil refinery industry circumstances. Executive Secretary. Office of the Executive Secretary, [FR Doc. 96–8367 Filed 4–4–96; 8:45 am] Public comment on the proposal is Foreign-Trade Zones Board, Room BILLING CODE 3510±DS±P 3716, U.S. Department of Commerce, invited from interested parties. 14th & Pennsylvania Avenue, NW., Submissions (original and 3 copies) Washington, DC 20230. shall be addressed to the Board’s [Order No. 808] Executive Secretary at the address Dated: March 28, 1996. below. The closing period for their Revision of Grant of Authority, John J. Da Ponte, Jr., receipt is May 6, 1996. Subzone 87A, Conoco, Inc. (Oil Refinery) Lake Charles, Louisiana Executive Secretary. A copy of the application and [FR Doc. 96–8369 Filed 4–4–96; 8:45 am] accompanying exhibits will be available Pursuant to its authority under the BILLING CODE 3510±DS±P for public inspection at the following Foreign-Trade Zones Act of June 18, location: Office of the Executive 1934, as amended (19 U.S.C. 81a–81u), Secretary, Foreign-Trade Zones Board, the Foreign-Trade Zones Board (the U.S. Department of Commerce, Room Board) adopts the following Order: 3716, 14th & Pennsylvania Avenue, NW, Whereas, the Foreign-Trade Zones Washington, DC 20230. (FTZ) Board (the Board) authorized 15218 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices subzone status at the oil refinery of International Trade Administration SUPPLEMENTARY INFORMATION: Conoco, Inc., in Lake Charles, Background Louisiana, in 1988, subject to conditions [A±570±803] On February 19, 1991, the Department (Subzone 87A, Board Order 406, 53 FR Heavy Forged Hand Tools, Finished or 52455, 12/28/88); published in the Federal Register (56 Unfinished, With or Without Handles, FR 6622) the antidumping duty order on Whereas, the Lake Charles Harbor and from the People's Republic of China; HFHTs from the PRC. On February 2, Terminal District, grantee of FTZ 87, has Preliminary Results of Antidumping 1995, the Department published in the requested, pursuant to § 400.32(b)(1)(i), Duty Administrative Review Federal Register (60 FR 6524) a notice a revision (filed 1/24/96, A(32b1)–1–96; AGENCY: Import Administration, of opportunity to request an FTZ Doc. 18–96, assigned 3/6/96) of the administrative review of this grant of authority for FTZ Subzone 87A International Trade Administration, Department of Commerce. antidumping duty order. On February which would make its scope of 27, 1995, in accordance with 19 CFR ACTION: authority identical to that recently Notice of preliminary results of 353.22(a), two exporters of the subject granted for FTZ Subzone 199A at the Antidumping Duty Administrative merchandise to the United States, refinery complex of Amoco Oil Review. Fujian Machinery & Equipment Import Company, Texas City, Texas (Board SUMMARY: & Export Corporation (FMEC) and Order 731, 60 FR 13118, 3/10/95); and, In response to requests by the petitioner and two resellers of the Shandong Machinery Import & Export Whereas, the Assistant Secretary for subject merchandise, the Department of Corporation (SMC), requested that the Import Administration, acting for the Commerce (the Department) is Department conduct an administrative Board pursuant to § 400.32(b)(1), conducting an administrative review of review of their exports of subject concurring in the findings and the antidumping duty order on heavy merchandise to the United States. On recommendations of the FTZ Staff and forged hand tools, finished or February 28, 1995, the petitioner, Executive Secretary, approves the unfinished, with or without handles, Woodings-Verona Tool Works, Inc., request; (HFHTs) from the People’s Republic of requested that the Department conduct Now therefore, subject to the Act and China (PRC). The review covers four an administrative review of FMEC, the Board’s regulations, including exporters of subject merchandise to the SMC, Henan Machinery Import and § 400.28, Board Order 406 is revised to United States and the period February 1, Export Co. (Henan) and Tianjin replace the two conditions currently 1994 through January 31, 1995. The Machinery Import and Export Co. listed in the Order with the following review indicates the existence of (Tianjin). We published the notice of conditions: dumping margins during the period of initiation of this review on March 15, review. 1995 (60 FR 13956). 1. Foreign status (19 CFR §§ 146.41, The Department received no 146.42) products consumed as fuel for We have preliminarily determined that sales have been made below normal questionnaire responses from either the refinery shall be subject to the Henan or Tianjin. Therefore, we have applicable duty rate. value (NV). If these preliminary results are adopted in our final results of based our analysis of these two 2. Privileged foreign status (19 CFR administrative review, we will instruct companies on facts otherwise available. § 146.41) shall be elected on all foreign the U.S. Customs Service to assess The Department is conducting this merchandise admitted to the subzone, antidumping duties equal to the administrative review in accordance except that non-privileged foreign (NPF) difference between United States price with section 751 of the Act. status (19 CFR § 146.42) may be elected (U.S. price) and NV. Scope of the Review on refinery inputs covered under Interested parties are invited to # # Imports covered by this review are HTSUS Subheadings 2709.00.1000– comment on these preliminary results. 2710.00.1050 and # 2710.00.2500 which shipments of HFHTs from the PRC EFFECTIVE DATE: April 5, 1996. are used in the production of: comprising the following classes or FOR FURTHER INFORMATION CONTACT: Tom kinds of merchandise: (1) hammers and —petrochemical feedstocks and refinery Prosser, Rebecca Trainor or Maureen sledges with heads over 1.5 kg. (3.33 by-products (FTZ staff report, Flannery, Office of Antidumping pounds) (hammers/sledges); (2) bars Appendix B); Compliance, Import Administration, over 18 inches in length, track tools and —products for export; and, International Trade Administration, wedges (bars and wedges); (3) picks/ U.S. Department of Commerce, 14th mattocks; and (4) axes/adzes. —products eligible for entry under Street and Constitution Avenue NW., HFHTs include heads for drilling, HTSUS # 9808.00.30 and 9808.00.40 Washington D.C. 20230; telephone: hammers, sledges, axes, mauls, picks, (U.S. Government purchases). (202) 482–4733. and mattocks, which may or may not be 3. The authority with regard to the painted, which may or may not be Applicable Statute NPF option is initially granted until finished, or which may or may not be September 30, 2000, subject to Unless otherwise indicated, all imported with handles; assorted bar extension. citations to the statute are references to products and track tools including the provisions effective January 1, 1995, wrecking bars, digging bars and Signed at Washington, DC, this 25th day of March 1996. the effective date of the amendments tampers; and steel woodsplitting made to the Tariff Act of 1930 (the Act) wedges. HFHTs are manufactured Susan G. Esserman, by the Uruguay Round Agreements Act through a hot forge operation in which Assistant Secretary of Commerce for Import (URAA). In addition, unless otherwise steel is sheared to required length, Administration, Alternate Chairman, Foreign- indicated, all citations to the heated to forging temperature and Trade Zones Board. Department’s regulations are to the formed to final shape on forging John J. Da Ponte, Jr., current regulations, as amended by the equipment using dies specific to the Executive Secretary. interim regulations published in the desired product shape and size. [FR Doc. 96–8368 Filed 4–4–96; 8:45 am] Federal Register on May 11, 1995 (60 Depending on the product, finishing BILLING CODE 3510±DS±P FR 25130). operations may include shot blasting, Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15219 grinding, polishing and painting, and Review: Heavy Forged Hand Tools from limited to—(A) hours of labor required, the insertion of handles for handled the PRC 60 FR 19723, 19724 (April 20, (B) quantities of raw materials products. HFHTs are currently provided 1995), and Final Results of employed, (C) amounts of energy and for under the following Harmonized Antidumping Duty Administrative other utilities consumed, and (D) Tariff System (HTS) subheadings: Review: Heavy Forged Hand Tools from representative capital cost, including 8205.20.60, 8205.59.30, 8201.30.00, and the PRC, 60 FR 49251 (September 22, depreciation. In accordance with section 8201.40.60. Specifically excluded are 1995). Because there is no new evidence 773(c)(4) of the Act, the Department hammers and sledges with heads 1.5 kg. on the record, we preliminarily valued the factors of production, to the (3.33 pounds) in weight and under, hoes determine that these two companies extent possible, using the prices or costs and rakes, and bars 18 inches in length continue to be entitled to separate rates. of factors of production in a market and under. Because Henan and Tianjin did not economy country that is—(A) at a level This review covers four exporters of respond to our separate rates of economic development comparable to HFHTs from the PRC. The review period questionnaire, we preliminarily that of the PRC, and (B) a significant is February 1, 1994 through January 31, determine that they do not merit producer of comparable merchandise. 1995. separate rates. We determined that India is comparable Separate Rates United States Price to the PRC in terms of per capita gross national product (GNP), the growth rate To establish whether a company is The Department used export price in per capita income, and the national sufficiently independent to be entitled (EP), in accordance with section 772(a) distribution of labor. Furthermore, India to a separate rate, the Department of the Act, in calculating U.S. price. We is a significant producer of comparable analyzes each exporting entity under the made deductions from EP, where merchandise. For a further discussion of test established in the Final appropriate, for brokerage and handling, the Department’s selection of India as Determination of Sales at Less Than foreign inland freight, ocean freight, and the surrogate country, see File Fair Value: Sparklers from the People’s marine insurance. Ocean freight services Memorandum, dated February 26, 1996, Republic of China, 56 FR 20588 (May 6, were provided by both PRC-owned and on file in Room B–099 of the Commerce 1991) (Sparklers), as amplified in Final non-PRC-owned companies. Where we Department. Determination of Sales at Less Than knew that the company providing the Fair Value: Silicon Carbide from the ocean freight services was not a PRC- In accordance with section 773(c) of People’s Republic of China, 59 FR 22585 owned company, we used the actual the Act, for purposes of calculating NV, (May 2, 1994) (Silicon Carbide). Under rates charged; for ocean freight services we valued PRC factors of production in this policy, exporters in non-market- provided by PRC-owned companies, we the year in which production occurred as follows: economy (NME) countries are entitled to applied a weighted-average ocean • separate, company-specific margins freight rate derived from those sales for To value all direct materials used in when they can demonstrate an absence which we used actual ocean freight the production of HFHTs, including of government control, both in law (de rates. Since marine insurance services steel, resin glue, paint, varnish, wood jure) and in fact (de facto), with respect were provided by PRC-owned for handles, iron wedges, anti-rust oil, to exports. Evidence supporting, though companies, we based the deduction for scrap steel, and dilution, we used the not requiring, a finding of de jure marine insurance on surrogate values. rupee per metric ton, per kilogram, or absence of government control includes: We also used surrogate data to value per cubic meter value of imports into (1) an absence of restrictive stipulations foreign inland freight and brokerage and India during April-December 1993, for associated with an individual exporter’s handling. production in 1993, and during April business and export licenses; (2) any 1994–January 1995, for production in legislative enactments decentralizing Normal Value 1994, obtained from the Monthly control of companies; and (3) any other For companies located in NME Statistics of the Foreign Trade of India, formal measures by the government countries, section 773(c)(1) of the Act Volume II—Imports, January 1994 and decentralizing control of companies. De provides that the Department shall January 1995 (Indian Import Statistics). facto absence of government control determine normal value (NV) using a • For direct labor, we used the labor with respect to exports is based on four factors of production methodology if (1) rates reported in the Economist criteria: (1) whether the export prices the subject merchandise is exported Intelligence Unit’s Investing, Licensing are set by or subject to the approval of from an NME country, and (2) available & Trading Conditions Abroad: India, a government authority; (2) whether information does not permit the released in November 1993 and each exporter retains the proceeds from calculation of NV using home market November 1994. This source breaks out its sales and makes independent prices or third country prices, in labor rates between skilled, unskilled, decisions regarding the disposition of accordance with section 773(a) of the semi-skilled, and foreman labor, and profits and financing of losses; (3) Act. provides information on the number of whether each exporter has autonomy in In every case conducted by the labor hours worked per week. making decisions regarding the Department involving the PRC, the PRC • For factory overhead, we used selection of management; and (4) has been treated as an NME country. In information reported in the April 1995 whether each exporter has the authority accordance with section 771(18)(c)(i), Reserve Bank of India Bulletin. From to negotiate and sign contracts. See any determination that a foreign country this information, we were able to Silicon Carbide, 59 FR at 22587. is an NME country shall remain in effect determine factory overhead as a In our final results of review for the until revoked by the administering percentage of total cost of manufacture. 1992–1993 review period of this order, authority. Accordingly, we calculated We included steel pellets used to the Department determined that FMEC NV in accordance with section 773(c) of remove oxidization from the tool heads and SMC warranted company-specific the Act and section 353.52 of the and detergent used to clean the tool dumping margins according to the Department’s regulations. In accordance heads in factory overhead as these criteria identified in Sparklers and with section 773(c)(3) of the Act, the materials are not physically Silicon Carbide. See Preliminary Results factors of production utilized in incorporated into the subject of Antidumping Duty Administrative producing HFHTs include, but are not merchandise. 15220 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

• For selling, general and (February 1, 1991). We adjusted rail prior segment of the proceeding, it is not administrative (SG&A) expenses, we freight rates to reflect inflation, using necessary to question the reliability of used information obtained from the the WPI published by the IMF. the margin for that time period. With April 1995 Reserve Bank of India respect to the relevance aspect of Currency Conversion Bulletin. We calculated an SG&A rate by corroboration, however, the Department dividing SG&A expenses by the cost of We made currency conversions based will consider information reasonably at manufacture. on the official exchange rates in effect its disposal as to whether there are • To calculate a profit rate, we used on the date of the U.S. sales as certified circumstances that would render a information obtained from the April by the Federal Reserve Bank. margin not relevant. Where 1995 Reserve Bank of India Bulletin. We Use of Facts Otherwise Available circumstances indicate that the selected calculated a profit rate by dividing the margin is not appropriate as adverse before-tax profit by the sum of those On August 18, 1995, the Department facts available, the Department will components pertaining to the cost of sent to each respondent the disregard the margin and determine an manufacturing plus SG&A. Department’s antidumping appropriate margin (see, e.g., Fresh Cut • To value the packing materials, questionnaire. We established that all of Flowers from Mexico; Preliminary including cartons, pallets, anti-rust the respondents received the Results of Antidumping Duty paper, anti-damp paper, plastic and iron questionnaires; however Henan and Administrative Review (60 FR 49567)), straps, plastic bags, iron buttons and Tianjin failed to submit responses. See where the Department disregarded the knots, synthetic fiber, and iron wire, we File Memorandum dated September 11, highest margin in that case as adverse used the rupee per metric ton, per 1995, on file in Room B–099 of the BIA because the margin was based on kilogram, or per cubic meter value of Commerce Department. Because Henan another company’s uncharacteristic imports into India during April– and Tianjin have withheld the requested business expense resulting in an December 1993, for production in 1993, information, we must make our unusually high margin). For these and during April 1994–January 1995, for preliminary determination based on reviews, we have used the highest rate production in 1994, obtained from the facts otherwise available, in accordance from any prior segment of each 1994 and 1995 Indian Import Statistics. with section 776(a)(2)(A) of the Act. proceeding. These were 21.92 percent The Department finds that, in not We adjusted these values to include for axes/adzes, 66.32 percent for bars/ responding to the questionnaire, Henan freight costs incurred between the wedges, 45.42 percent for hammers/ suppliers and the HFHT factories. and Tianjin failed to cooperate by not • acting to the best of their abilities to sledges, and 108.20 percent for picks/ To value coal, we used the price of mattocks. steam coal reported for 1990 in the comply with a request for information International Energy Agency publication from the Department. Section 776(b) of Preliminary Results of the Review Energy Prices and Taxes, 2nd Quarter the Act therefore authorizes the As a result of our review, we 1995. We adjusted the value of coal to Department to use an inference adverse preliminarily determine that the reflect inflation, using wholesale price to the interests of that respondent in following margins exist for the period indices (WPI) of India as published in choosing the facts available. Section February 1, 1994 through January 31, the International Financial Statistics by 776(b) also authorizes the Department to 1995: the International Monetary Fund (IMF). use as adverse facts available • To value electricity, we used the information derived from the petition, Margin price of electricity for India for 1990, the final determination, a previous Manufacturer/exporter (per- reported in the Asian Development administrative review, or other cent) Bank publication Energy Indicators of information placed on the record. Because information from prior Fujian Machinery & Equipment Im- Developing Member Countries of the port & Export Corp: Asian Development Bank, July 1992. We proceedings constitutes secondary Axes/Adzes ...... 0.34 adjusted the value of electricity to information, section 776(c) of the Act Bars/Wedges ...... 3.89 reflect inflation, using the WPI provides that the Department shall, to Hammers/Sledges ...... 0.34 published by the IMF. the extent practicable, corroborate that Picks/Mattocks ...... 46.91 • To value truck freight, we used the secondary information from Shandong Machinery Import & Ex- rates reported in a June 1992 cable from independent sources reasonably at its port Corp: the U.S. Embassy in India submitted for disposal. The Statement of Bars/Wedges ...... 12.51 Hammers/Sledges ...... 0.36 the Final Determination of Sales at Less Administrative Action (SAA) provides Picks/Mattocks ...... 39.19 Than Fair Value: Sulfanilic Acid from that ‘‘corroborate’’ means simply that Henan Machinery Import & Export the People’s Republic of China, 57 FR the Department will satisfy itself that Co: 29705 (July 6, 1992) and an August 1993 the secondary information to be used Axes/Adzes ...... 21.92 cable from the U.S. Embassy in India has probative value. Bars/Wedges ...... 66.32 submitted for the Final Determination of To corroborate secondary information, Hammers/Sledges ...... 45.42 Sales at Less Than Fair Value: Certain the Department will, to the extent Picks/Mattocks ...... 108.20 Helical Spring Lock Washers from the practicable, examine the reliability and Tianjin Machinery Import & Export Co: People’s Republic of China, 58 FR 48833 relevance of the information to be used. Axes/Adzes ...... 21.92 (September 20, 1993). We adjusted truck However, unlike other types of Bars/Wedges ...... 66.32 freight rates to reflect inflation, using information, such as input costs or Hammers/Sledges ...... 45.42 the WPI published by the IMF. selling expenses, there are no Picks/Mattocks ...... 108.20 • To value rail freight, we used the independent sources for calculated price reported in a December 1989 cable dumping margins. The only source for Parties to the proceeding may request from the U.S. Embassy in India margins is administrative disclosure within 5 days of the date of submitted for the Final Results of determinations. Thus, in an publication of this notice. Any Antidumping Duty Administrative administrative review, if the Department interested party may request a hearing Review: Shop Towels of Cotton from the chooses as total adverse facts available within 10 days of publication. Any People’s Republic of China, 56 FR 4040 a calculated dumping margin from a hearing, if requested, will be held 44 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15221 days after the publication of this notice, disagreement with use of the ‘‘PRC- entity, which is subject to the new PRC- or the first workday thereafter. wide’’ rate as the underlying basis for wide rate established in the final results Interested parties may submit case briefs reinstatement. The Court raised various of this administrative review. within 30 days of the date of publication concerns with the Department’s Notification of Interested Parties of this notice. Rebuttal briefs, which application of a ‘‘PRC-wide’’ rate. must be limited to issues raised in the The Court suggested that the This notice serves as a preliminary case briefs, may be filed not later than Department lacks authority for applying reminder to importers of their 37 days after the date of publication. See a ‘‘PRC-wide’’ rate in lieu of an ‘‘all responsibility under section 353.26 of section 353.38(d) of the Department’s others’’ rate. We note, however, that the Department’s regulations to file a regulations. Parties who submit section 777A(c) requires the Department certificate regarding the reimbursement argument in this proceeding are to determine individual dumping of antidumping duties prior to requested to submit with the argument margins for each known exporter or liquidation of the relevant entries (1) a statement of the issue and (2) a producer. Pursuant to this authority, the during this review period. Failure to brief summary of the argument. The Department implements a policy in comply with this requirement could Department will publish a notice of NME cases whereby all exporters or result in the Secretary’s presumption final results of these administrative producers are presumed to comprise a that reimbursement of antidumping reviews, which will include the results single entity, the ‘‘NME entity’’. The duties occurred and the subsequent of its analysis of issues raised in any Court has upheld our NME policy in assessment of double antidumping such comments. previous cases. See e.g., UCF America, duties. The Department shall determine, and Inc. v. United States, 870 F. Supp. 1120, the Customs Service shall assess, 1126 (CIT 1994); Sigma Corp. v. United This administrative review and notice antidumping duties on all appropriate States, 841 F. Supp. 1255, 1266–67 (CIT are in accordance with section 751(a)(1) entries. Individual differences between 1993); Tianjin Machinery Import & of the Act (19 U.S.C. 1675(a)(1)) and U.S. price and NV may vary from the Export Corp. v. United States, 806 F. section 353.22 of the Department’s percentages stated above. The Supp. 1008, 1013–15 (CIT 1992). regulations. Department will issue appraisement The ‘‘NME-wide’’ rate is consistent Dated: March 27, 1996. instructions directly to the Customs with section 735(c)(1)(B)(i)(I). This Susan G. Esserman, Service. provision directs the agency to assign a Assistant Secretary for Import Furthermore, the following deposit dumping margin for each exporter or Administration. requirements will be effective upon producer individually investigated. As [FR Doc. 96–8364 Filed 4–4–96; 8:45 am] publication of the final results of this discussed above, in NME cases, all BILLING CODE 3510±DS±P administrative review for all shipments producers and exporters comprise a of HFHTs from the PRC entered, or single entity. Thus, we assign the NME withdrawn from warehouse, for rate to the NME entity just as we assign consumption on or after the publication an individual rate to a single exporter or [A±588±046] date, as provided for by section producer operating in a market Polychloroprene Rubber From Japan; 751(a)(1) of the Act: (1) the cash deposit economy. As a result, all exporters and Preliminary Results and Termination rates for the reviewed companies named producers that are part of the NME above which have separate rates (FMEC entity are assigned the ‘‘NME-wide’’ In-Part of Antidumping Duty and SMC) will be the rates for those rate. Because the ‘‘NME-wide’’ rate is Administrative Review firms established in the final results of the equivalent of a company-specific AGENCY: Import Administration, this administrative review; (2) for all rate, it changes only when we review International Trade Administration, other PRC exporters, the cash deposit the NME entity (i.e., all NME producers Department of Commerce. rates will be the PRC-wide rates and exporters that have not qualified for established in the final results of this a separate rate). To qualify for a separate ACTION: Notice of preliminary results administrative review; and (3) the cash rate, an NME exporter or producer must and termination in-part of Antidumping deposit rates for non-PRC exporters of provide evidence showing both de jure Duty Administrative Review. subject merchandise from the PRC will and de facto absence of government be the rates applicable to the PRC control. See Silicon Carbide. Until such SUMMARY: The Department of Commerce supplier of that exporter. We evidence is presented, a company is has conducted an administrative review preliminarily determine the PRC-wide presumed to be part of the NME entity of the antidumping finding on rates to be: 21.92 percent for axes/adzes; and receives the ‘‘NME-wide’’ rate. polychloroprene rubber from Japan. 66.32 percent for bars/wedges; 44.41 Consequently, whenever the NME Interested parties are invited to percent for hammers/sledges; and enterprise has been investigated or comment on these preliminary results 108.20 percent for picks/maddocks. reviewed, calculation of an ‘‘all others’’ and termination in-part. Parties who These are the highest rates found for any rate under section 735(c)(1)(B)(i)(II) is submit argument in this proceeding are respondent in the LTFV investigation or unnecessary. All exporters or producers requested to submit with the argument any review. These deposit requirements, will either qualify for a separate (1) a statement of the issue, and (2) a when imposed, shall remain in effect company-specific rate, or be part of the brief summary of the argument. until publication of the final results of NME enterprise, and receive the ‘‘NME- EFFECTIVE DATE: April 5, 1996. the next administrative review. wide’’ rate. Thus, there can be no The Department acknowledges a exporters or producers who have never FOR FURTHER INFORMATION CONTACT: Roy recent decision of the Court of been investigated or reviewed. F. Unger, Jr. or Thomas Futtner, Office International Trade, UCF America Inc. In this review, FMEC and SMC of Antidumping Compliance, Import v. United States, Slip Op. 96–42 (CIT qualify for separate rates as discussed in Administration, International Trade Feb. 27, 1996), in which the Court the ‘‘Separate Rates’’ section of this Administration, U.S. Department of affirmed the Department’s remand notice. Because Henan and Tianjin do Commerce, 14th Street and Constitution results for reinstatement of the relevant not qualify for separate rates, they Avenue NW., Washington, DC 20230; cash deposit rate, but expressed remain representative of the NME telephone (202) 482–0651 or 482–3814. 15222 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

SUPPLEMENTARY INFORMATION: We were unable to locate the received a company-specific rate; (3) Background remaining companies, Denki/Hoei The cash deposit rate for subject Sangyo, Showa/Hoei Sangyo, Suzugo, merchandise exported by an exporter On December 6, 1973, the Department and Tosoh/Hoei Sangyo, in spite of not covered in this review, a prior of the Treasury published in the Federal requests for assistance from various review, or the original investigation, but Register (38 FR 35393) the antidumping sources including the American where the manufacturer of the finding on polychloroprene rubber Embassy in Tokyo, the Japanese merchandise has been covered by this or (rubber) from Japan. On December 6, Embassy in Washington, D.C., and the a prior final results or determination, 1994, the Department of Commerce (the U.S. Customs Service. Therefore, we will be based upon the most recently Department) published a notice of were unable to conduct administrative published company-specific rate for that ‘‘Opportunity to Request Administrative reviews for these firms, and upon manufacturer; and (4) The cash deposit Review’’ (59 FR 62710). On December issuance of the final results we will rate for merchandise exported by all 29, 1994, the petitioner, E. I. Du Pont de instruct the U.S. Customs Service to other manufacturers and exporters, who Nemours & Company, Inc. (Du Pont), continue to assess any entries by these are not covered by these or any previous requested that we conduct an firms at the rate determined by the last administrative review conducted by the administrative review for the period completed administrative review on Department, will be the ‘‘all others’’ rate December 1, 1993, through November November 26, 1984 (49 FR 46454) (see established in the original LTFV 30, 1994, covering eight producers and/ Certain Fresh Cut Flowers from investigation. or exporters: Denki Kaguku, K.K. Colombia; Preliminary Results of These deposit requirements, when (Denki), Denki/Hoei Sangyo Co., Ltd. Antidumping Duty Administrative (Denki/Hoei Sangyo), Mitsui Bussan Review, Partial Termination of imposed, shall remain in effect until K.K. (Mitsui Bussan), Showa Neoprene Administrative Reviews, and Notice of publication of the final results of the K.K. (Showa), Showa/Hoei Sangyo Co., Intent to Revoke Order (In Part) next administrative review. Interested Ltd. (Showa/Hoei Sangyo), Suzugo (‘‘Flowers from Colombia’’), 60 FR parties may request disclosure within Corporation (Suzugo), Tosoh 30271 (June 8, 1995)). five days of the date of publication of Corporation (Tosoh) (formerly Toyo The U.S. Customs Service verified this notice, and may request a hearing Soda), and Tosoh/Hoei Sangyo Co., Ltd. that none of the respondents had entries within 10 days of the date of (Tosoh/Hoei Sangyo). of subject merchandise during the POR. publication. Any hearing, if requested, will be held as early as convenient for We published a notice of initiation of Because Denki, Mitsui Bussan, and the parties but not later than 44 days the antidumping administrative review Tosoh, had no shipments of this after the date of publication or the first on these companies on January 13, 1995 merchandise to the United States during workday thereafter. Case briefs or other (60 FR 3192). The Department has now the POR, the Department has written comments from interested conducted the administrative review in preliminarily assigned each of them the parties may be submitted not later than accordance with section 751 of the cash deposit rate determined for that Tariff Act of 1930, as amended. company in the last completed 30 days after the date of publication of administrative review (see Flowers from this notice. Rebuttal briefs and rebuttal Applicable Statute and Regulations Colombia). We have preliminarily comments, limited to issues raised in determined that the following margins the case briefs, may be filed not later The Department has conducted this exist for the POR: than 37 days after the date of administrative review in accordance publication. The Department will with section 751 of the Tariff Action Percent publish the final results of this 1930, as amended (the Tariff Act). Manufacturer/producer/exporter margin administrative review, including its Unless otherwise indicated, all citations results of its analysis of issues raised in to the statute and to the Department’s Denki ...... 1 0.00 1 any such written comments. regulations refer to the provisions as Mitsui Bussan ...... 0.00 1 they existed on December 31, 1994. Tosoh ...... 0.00 This notice serves as a preliminary 1 No shipments during the POR. Rate is reminder to importers of their Scope of the Review from the last administrative review in which responsibility under 19 CFR 353.26 to Imports covered by the review are there were shipments. file a certificate regarding the shipments of polychloroprene rubber, Furthermore, the following deposit reimbursement of antidumping duties an oil resistance synthetic rubber also requirements will be effective for all prior to liquidation of the relevant known as polymerized chlorobutadiene shipments of the subject merchandise, entries during this review period. or neoprene, currently classifiable under entered, or withdrawn from warehouse, Failure to comply with this requirement items 4002.42.00, 4002.49.00, for consumption on or after the could result in the Secretary’s 4003.00.00, 4462.15.21 and 4462.00.00. publication date of the final results of presumption that reimbursement of HTS item numbers are provided for this administrative review, as provided antidumping duties occurred and the convenience and for Customs purposes. for by section 751(a)(1) of the Tariff Act: subsequent assessment of double The written descriptions remain (1) The cash deposit rate for the antidumping duties. dispositive. reviewed companies will be those rates This administrative review and notice established in the final results of this Preliminary Results and Termination are in accordance with section 751(a)(1) review; (2) The cash deposit rate for In-Part of Review of the Tariff Act (19 U.S.C. 1675(a)(1)) subject merchandise exported by and 19 CFR 353.22. Denki, Mitsui Bussan, and Tosoh manufacturers or exporters not covered Dated: March 21, 1996. responded that they had no shipments in this review, but covered in previous during the period of review (POR). The reviews or in the original less-than-fair- Susan G. Esserman, petitioner withdrew its review request value (LTFV) investigation, will be Assistant Secretary for Import for Showa. Therefore, we are based upon the most recently published Administration. terminating in-part this administrative rate in a final result or determination for [FR Doc. 96–8365 Filed 4–4–96; 8:45 am] review with respect to Showa. which the manufacturer or exporter BILLING CODE 3510±DS±P Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15223

U.S.-South Africa Business —Expanding commercial activity an organization, the size and number of Development Committee: Membership between both countries and member companies; export experience/ identifying commercial opportunities; foreign investment experience in major ACTION: Notice of Membership —Developing sectoral or project- markets; a brief statement (not more Opportunity. oriented approaches to expand than 1 page) of why each candidate business opportunities; should be considered for membership SUMMARY: The Department of Commerce —Implementing trade and business on the Committee; the particular is currently seeking nominations of development programs, including segment of the business community the outstanding individuals to serve on the trade missions, seminars, exhibits and candidate would represent; and a U.S. section of the U.S.-South Africa other events; personal resume. Business Development Committee —Identifying further steps to facilitate DEADLINE: In order to receive full (BDC). On June 4, 1994, Secretary of and encourage the development of consideration, requests must be received Commerce Ronald H. Brown and South commercial expansion between the no later than May 15, 1996. African Minister of Trade and Industry two countries; and ADDRESSES: Please send your requests Trevor Manuel signed the document —Taking any other appropriate steps for for consideration to Mrs. S.K. Miller, establishing the BDC, the purpose of fostering commercial relations Director, Office of Africa by fax on 202/ which is to provide a forum for the between the U.S. and South Africa. 482–5198 or by mail at Room 2037, U.S. public and private sectors to engage in CRITERIA: In order to be eligible for Department of Commerce, Washington, constructive exchanges of information membership in the U.S. section, D.C. 20230. on commercial matters, problem solve, potential candidates must be: FOR FURTHER INFORMATION CONTACT: Mrs. and more effectively work together on (1) U.S. citizens or permanent S.K. Miller, Director, Office of Africa, issues of common interest. The BDC is residents; Room 2037, U.S. Department of composed of two sections, a U.S. section (2) CEOs or other senior management Commerce, Washington, D.C. 20230; and a South African section. The U.S. level employees of a U.S. company or telephone: 202/482–4227. Section is chaired by Secretary of organization with demonstrated Authority: Act of February 14, 1903, c. 552, Commerce Ronald H. Brown and is involvement in trade with and/or comprised of 21 private sector as amended, 15 U.S.C. 1501 et seq., 32 Stat. investment in South Africa who will 825; Reorganization Plan No. 3 of 1979, 19 representatives. The inaugural meeting participate in not less than 75% of the U.S.C. 2171 Note, 93 Stat. 1381. of the BDC took place September 19–20, BDC meetings, which will be held in the Sally K. Miller, 1994. Subsequent plenary and working United States and South Africa. (The Director, Office of Africa. group meetings have been held over the representative nominated should be the past two years with the government and individual that will actively participate [FR Doc. 96–8461 Filed 4–4–96; 8:45 am] private sector members from both in the BDC); BILLING CODE 3510±DA±P countries in attendance. (3) Not a registered Foreign Agent; OBLIGATIONS: Private sector members and COMMITTEE FOR PURCHASE FROM were originally appointed for a two year (4) Actively doing business in South PEOPLE WHO ARE BLIND OR term. Nominations are now being sought Africa or actively developing entry SEVERELY DISABLED for private sector members to serve for plans for doing business in South a two year period from July 1, 1996 until Africa. Agency Information Collection June 30, 1998. Private sector members To the extent possible, the Activities Under OMB Control will serve at the discretion of the Department of Commerce will strive to Secretary and shall serve as achieve membership composition that AGENCY: Committee for Purchase From representatives of the business reflects U.S. entrepreneurial diversity. People Who Are Blind or Severely community and the industry their Therefore, in reviewing eligible Disabled. business represents. They are expected candidates, the Department of ACTION: Notice. to participate fully in defining the Commerce will consider such selection agenda for the Committee and in factors as: SUMMARY: In compliance with the implementing its work program. It is (1) Depth of experience in the South Paperwork Reduction Act (44 U.S.C. expected that private sector individuals African market; 3501 et seq.), this notice announces that chosen for BDC membership will attend (2) Export/investment experience; the Information Collection Request (ICR) not less than 75% of the BDC meetings (3) Representation of industry or abstracted below has been forwarded to which will be held in the United States service sectors of importance to our the Office of Management and Budget and South Africa. commercial relationship with South (OMB) for review and comment. The Africa; ICR describes the nature of the Private sector members are fully information collection and its expected responsible for travel, living and (4) Company size or, if an organization, size and number of costs and burden; it includes the actual personal expenses associated with their data collection instruments. participation on the BDC and may be member companies; COMMENTS MUST BE SUBMITTED ON OR responsible for a pro rata share of (5) Location of company or BEFORE: April 30, 1996. administrative and communications organization; and costs of the BDC. (6) Demographics. ADDRESSES: Written comments should To be considered for membership, be sent to: Laura Olivin, Desk Officer, The BDC will continue to work on please provide the following: name and Office of Information and Regulatory issues of common interest to encourage title of individual proposed for Affairs, Office of Management and trade and investment, including the consideration; name and address of the Budget, 725 17th Street, NW, following: company or organization of which the Washington, DC 20503. Requests for —Resolving obstacles to trade and individual is a representative; information, including copies of the investment between the two company’s or organization’s product or questionnaires and supporting countries; service line; size of the company or, if documentation, should be directed to: 15224 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Beverly L. Milkman, Executive Director, 4962, 6234 and 6977) of proposed Grounds Maintenance, U.S. Army Committee for Purchase From People additions to the Procurement List. Reserve Center, Montgomery County Who are Blind or Severely Disabled, After consideration of the material Airport, 100 South Parkway, Conroe, Crystal Square 3, Suite 403, 1735 presented to it concerning capability of Texas Jefferson Davis Highway, Arlington, VA qualified nonprofit agencies to provide Janitorial/Custodial, Building 151, 22202–3461, telephone: 703–603–7740. the commodities and services and Picatinny Arsenal, New Jersey Supplementary Information: The impact of the additions on the current Janitorial/Custodial, Serrenti Memorial enabling regulations for the JWOD Act or most recent contractors, the USARC, Scranton, Pennsylvania prescribe that the Committee: ‘‘Conduct Committee has determined that the Janitorial/Custodial, Wilkes-Barre a continuing study and evaluation of its commodities and services listed below USARC, Wilkes-Barre, Pennsylvania activities under the JWOD Act for the are suitable for procurement by the Janitorial/Custodial, Naval and Marine purpose of assuring effective and Federal Government under 41 U.S.C. Corps Reserve Center, Spokane, efficient administration of the JWOD 46–48c and 41 CFR 51–2.4. Washington Act. The Committee may study, I certify that the following action will Mailrooom Operation, Department of independently, or in cooperation with not have a significant impact on a the Army, Corps of Engineers, South other public or nonprofit private substantial number of small entities. Atlantic Division Office, 77 Forsyth agencies, problems relating to: (1) The The major factors considered for this Street SW., Atlanta, Georgia employment of the blind or individuals certification were: Preparation of Oil Sample Kits, Naval with other severe disabilities * * *’’ 1. The action will not result in any Air Station, Pensacola, Florida (§ 51–2.2(g)). additional reporting, recordkeeping or Recycling Service for the following As part of the effort to evaluate its other compliance requirements for small locations: Cape Canaveral Air Force activities and study the employment of entities other than the small Station, Florida, Jonathon Dickinson individuals who are blind or severely organizations that will furnish the Missile Tracking Annex, Florida, disabled, the Committee has initiated an commodities and services to the Malabar Tracking Annex, Florida. analysis of benefits and costs of the Government. This action does not affect current JWOD Program. The information 2. The action will not have a severe contracts awarded prior to the effective collection instruments included in the economic impact on current contractors date of this addition or options that may request for OMB approval are required for the commodities and services. be exercised under those contracts. for the portion of the methodology that 3. The action will result in Beverly L. Milkman, deals with costs and benefits for JWOD authorizing small entities to furnish the Executive Director. commodities and services to the employees. These new information [FR Doc. 96–8505 Filed 4–4–96; 8:45 am] Government. collection instruments will be used one BILLING CODE 6353±01±-P time to collect information from a 4. There are no known regulatory representative sample of nonprofit alternatives which would accomplish agencies and JWOD employees. the objectives of the Javits-Wagner- Procurement List; Proposed Additions Beverly L. Milkman, O’Day Act (41 U.S.C. 46–48c) in connection with the commodities and AGENCY: Committee for Purchase From Executive Director. services proposed for addition to the People Who Are Blind or Severely [FR Doc. 96–8498 Filed 4–4–96; 8:45 am] Procurement List. Disabled. BILLING CODE 6353±01±M Accordingly, the following ACTION: Proposed additions to commodities and services are hereby Procurement List. added to the Procurement List: Procurement List; Additions SUMMARY: The Committee has received Commodities AGENCY: Committee for Purchase From proposals to add to the Procurement List People Who Are Blind or Severely Pad, Microwave commodities and services to be Disabled. M.R. 562 furnished by nonprofit agencies ACTION: Additions to the Procurement Frame, Picture employing persons who are blind or List. 7105–01–408–9957 have other severe disabilities. Mirror, Glass COMMENTS MUST BE RECEIVED ON OR SUMMARY: This action adds to the 7105–00–260–1390 BEFORE: May 6, 1996. 7105–00–264–5997 Procurement List commodities and ADDRESSES: Committee for Purchase services to be furnished by nonprofit Badge, Identification From People Who Are Blind or Severely agencies employing persons who are 8455–01–396–2284 Disabled, Crystal Square 3, Suite 403, blind or have other severe disabilities. Napkin, Paper, Table 1735 Jefferson Davis Highway, EFFECTIVE DATE: May 6, 1996. 8540–00–276–7569 Arlington, Virginia 22202–3461. 8540–00–276–7570 ADDRESSES: Committee for Purchase FOR FURTHER INFORMATION CONTACT: 8540–00–279–7777 From People Who Are Blind or Severely Beverly Milkman (703) 603–7740. Disabled, Crystal Square 3, Suite 403, 8540–00–149–1601 8540–01–350–6418 SUPPLEMENTARY INFORMATION: This 1735 Jefferson Davis Highway, notice is published pursuant to 41 Arlington, Virginia 22202–3461. Services U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its FOR FURTHER INFORMATION CONTACT: Administrative Services, Directorate of purpose is to provide interested persons Beverly Milkman (703) 603–7740. Public Works, Fort Sam Houston, an opportunity to submit comments on SUPPLEMENTARY INFORMATION: On Texas the possible impact of the proposed October 20, 1995, January 26, February Food Service Attendant, U.S. Coast actions. 2, 9, 16 and 23, 1996, the Committee for Guard Air Station Miami, Opa Locka, If the Committee approves the Purchase From People Who Are Blind Florida proposed additions, all entities of the or Severely Disabled published notices Grounds Maintenance, Tinker Air Force Federal Government (except as (60 F.R. 54216, 61 F.R. 2494, 3911, Base, Oklahoma otherwise indicated) will be required to Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15225 procure the commodities and services Grounds Maintenance, Basewide, Scott Stratford Army Engine Plant (SAEP), listed below from nonprofit agencies Air Force Base, Illinois Stratford, Connecticut. SAEP is located employing persons who are blind or NPA: Challenge Unlimited, Inc., Alton, 550 Main Street, approximately three (3) have other severe disabilities. I certify Illinois miles from Interstate 95. that the following action will not have Switchboard Operation, Department of FOR FURTHER INFORMATION CONTACT: a significant impact on a substantial Veterans Affairs Medical Center, Additional information regarding number of small entities. The major Syracuse, New York particular properties identified in this factors considered for this certification NPA: Aurora of Central New York, Notice (i.e., acreage, floor plans, existing were: Syracuse, New York sanitary facilities), contact Ms. Maria 1. The action will not result in any Beverly L. Milkman, Anglada, Army Corps of Engineers, 26 additional reporting, recordkeeping or Executive Director. Federal Plaza, Room 2007, New York, other compliance requirements for small [FR Doc. 96–8506 Filed 4–4–96; 8:45 am] NY 10278–0090 (telephone 212–264– entities other than the small BILLING CODE 6353±01±P 9109, fax 212–264–0230; or Fred Hyatt, organizations that will furnish the Stratford Army Engine Plant, 550 Main commodities and services to the Street, Stratford, CT 06497–7593 Government. DEPARTMENT OF DEFENSE (telephone 203–385–4314). 2. The action does not appear to have SUPPLEMENTARY INFORMATION: This a severe economic impact on current Department of the Army surplus property is available under the contractors for the commodities and provisions of the Federal Property and services. Board of Visitors, United States Administrative Services Act of 1949 and 3. The action will result in Military Academy; Meeting the Base Closure Community authorizing small entities to furnish the Redevelopment and Homeless commodities and services to the AGENCY: United States Military Assistance Act of 1994. Notices of Government. Academy, West Point, New York. interest should be forwarded to 4. There are no known regulatory ACTION: Notice of open meeting. Stratford Town Council, Attention: alternatives which would accomplish SUMMARY: In accordance with Section James F. Neale, III, LRA Project the objectives of the Javits-Wagner- 10(a)(20) of the Federal Advisory Coordinator, Stratford Engine Plant, O’Day Act (41 U.S.C. 46–48c) in Committee Act (P.L. 92–463), 2725 Main Street, Room 1, Stratford, CT connection with the commodities and announcement is made of the following 06497. services proposed for addition to the meeting. The surplus Stratford Army Engine Procurement List. Name of Committee: Board of Plant (SAEP) is a manufacturing Comments on this certification are Visitors, United States Military invited. Commenters should identify the industrial facility. The facility consists Academy. of 76 acres with an additional 48 acres statement(s) underlying the certification Date of Meeting: 21–22 April 1996. on which they are providing additional of water rights and contains 58 Place of Meeting: West Point, New buildings with 1.7 million square feet of information. York. The following commodities and administrative, office, manufacturing, Start Time of Meeting: 1:30 p.m. warehousing, and support space. services have been proposed for Proposed Agenda: Annual Program addition to Procurement List for Reviews, Report of Superintendent’s Gregory D. Showalter, production by the nonprofit agencies Honor Review Committee, Class of 2000 Army Federal Register Liaison Officer. listed: Admission Status; Performance [FR Doc. 96–8418 Filed 4–4–96; 8:45 am] Commodities Enhancement Center Orientation/ BILLING CODE 3710±06±M Demonstration, Discussion with Cadet Office and Miscellaneous Supplies Honor Education Team Members, and (Requirements for Fort Drum, New Selection of Dates for Visits to Summer Available Surplus Real Property at the York), NPA: Lions Club Industries, Training. All proceedings are open. Seivers Sandberg U.S. Army Reserve Inc., Durham, North Carolina FOR FURTHER INFORMATION CONTACT: Center (Camp Pedricktown), Located at Pen, Rollerball and Refill Lieutenant Colonel John J. Luther, Pedricktown, Salem County, New 7520–01–424–4862 United States Military Academy, West Jersey 7510–00–425–5709 Point, NY 10996–5000, (914) 938–5078. 7510–00–425–5710 AGENCY: U.S. Army Corps of Engineers, NPA: San Antonio Lighthouse, San SUPPLEMENTARY INFORMATION: None. New York District. Antonio, Texas Gregory D. Showalter, ACTION: Notice. Plastic Sheets Army Federal Register Liaison Officer. 8135–00–579–6487 [FR Doc. 96–8388 Filed 4–4–96; 8:45 am] SUMMARY: This notice identifies the 8135–00–579–6489 BILLING CODE 3710±08±M surplus real property located at Seivers 8135–00–579–6491 Sandberg U.S. Army Reserve Center 8135–00–584–0610 (Camp Pedricktown), located at 8135–00–584–0619 Corps of Engineers Pedricktown, New Jersey. Camp 8135–00–689–9466 Pedricktown is located approximately NPA: Wichita Industries and Services Available Surplus Real Property at four (4) miles from Interstate 295. for the Blind, Inc., Wichita, Kansas Stratford Army Engine Plant (SAEP), FOR FURTHER INFORMATION CONTACT: Stratford, Connecticut Additional information regarding Services AGENCY: U.S. Army Corps of Engineers, particular properties identified in this Administrative Services, Department of New York District. Notice (i.e., acreage, floor plans, existing Energy, Forrestal Building, ACTION: Notice. sanitary facilities, exact street address), Washington, DC contact Mr. Randy Williams, U.S. Army NPA: Sheltered Occupational Center of SUMMARY: This notice identifies the Corps of Engineers, 26 Federal Plaza, Northern Virginia, Arlington, Virginia surplus real property located at Room 2007, New York, NY 10278–0090 15226 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

(telephone 212–264–6122, fax 212–264– The surplus real property totals 49 Availability of Draft Master Plan and 0230; or Mrs. Jean Johnson, Directorate acres and includes one (1) office Supplement to the Environmental of Public Works, ATTN: AFZT–EHP, building, one (1) storage building, and Impact Statement for the Lake Real Property Office, 5318 Delaware two (2) other type buildings. The Seminole Hydrilla Action Plan, Florida- Avenue, Fort Dix, New Jersey 08640– current use is recreational. Future use Georgia-Alabama 5505 (telephone 609–562–3253). may be limited to the above. SUPPLEMENTARY INFORMATION: This Gregory D. Showalter, AGENCY: U.S. Army Corps of Engineers, surplus property is available under the Army Federal Register Liaison Officer. DOD. provisions of the Federal Property and [FR Doc. 96–8426 Filed 4–4–96; 8:45 am] ACTION: Notice of availability. Administrative Services Act of 1949 and BILLING CODE 3710±06±M the Base Closure Community Redevelopment and Homeless SUMMARY: The Mobile District, U.S. Assistance Act of 1994. Notices of Available Surplus Real Property at the Army Corps of Engineers has completed interest should be forwarded to Mr. John U.S. Army Reserve Facility Bellmore, a draft report disclosing the Bickel, Oldmans Township, Post Office Located in Bellmore, Nassau County, environmental, engineering, and Box P, Pedricktown, New Jersey 08067. New York economic aspects of numerous hydrilla The Surplus real property totals 63 management options for Lake Seminole, acres of land, improved with two (2) AGENCY: U.S. Army Corps of Engineers, Florida-Georgia-Alabama. The comment office buildings, three (3) storage New York District. period for this draft document ends on buildings, and 24 other type buildings. ACTION: Notice. May 28, 1996. Gregory D. Showalter, FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice identifies the Army Federal Register Liaison Officer. For more information on this draft [FR Doc. 96–8425 Filed 4–4–96; 8:45 am] surplus real property located at the U.S. Army Reserve Facility Bellmore, located document, please contact Mr. Michael J. BILLING CODE 3710±06±M in Bellmore, Nassau County, New York. Eubanks, U.S. Army Engineer District, The Bellmore Reserve Facility is located Mobile, ATTN: CESAM–PD–EI, P.O. Box 2288, Mobile, AL 36628–0001, Available Surplus Real Property at the approximately three (3) miles from the Sgt. Joyce Kilmer U.S. Army Reserve Southern State Parkway. (telephone (334) 694–3861 or 1–800– Center (Camp Kilmer), Located in FOR FURTHER INFORMATION CONTACT: 421–7637). Edison, Middlesex County, New Jersey Additional information regarding SUPPLEMENTARY INFORMATION: Hydrilla, a particular properties identified in this non-native submersed aquatic plant, is AGENCY: U.S. Army Corps of Engineers, Notice (i.e., acreage, floor plans, existing causing significant water resource use New York District. sanitary facilities, exact street address), problems on Lake Seminole, a 37,500 ACTION: Notice. contact Ms. Maria Anglada, Army Corps acre Corps reservoir. Hydrilla increased of Engineers, 26 Federal Plaza, Room, SUMMARY: This notice identifies the from 1 acre in 1967 to a maximum of surplus real property located at Sgt. 2007, New York, NY 10278–0090 24,000 in 1992. The current (1995) Joyce Kilmer U.S. Army Reserve Center (telephone 212–264–9109, fax 212–264– acreage has been reduced to 18,200 (Camp Kilmer), located at Edison, New 0230); or Ms. Linda Duncan, Base acres as a result of repeated herbicidal Jersey. Camp Kilmer is located Transition Coordinator, Fort Hamilton, treatments and significant flooding approximately seven (7) miles from Brooklyn, New York (telephone 718– during 1994. Numerous hydrilla Interstate 95. 630–4510). management options have been used in FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: This the past on Lake Seminole, with Additional information regarding surplus property is available under the herbicidal applications having been the particular properties identified in this provisions of the Federal Property and most effective technique demonstrated Notice (i.e., acreage, floor plans, existing Administrative Services Act of 1949 and to date. Alternatives discussed in this sanitary facilities, exact street address), the Base Closure Community evaluation include: no action (no contact Mr. Randy Williams, U.S. Army Redevelopment and Homeless hydrilla control); mechanical control Corps of Engineers, 26 Federal Plaza, Assistance Act of 1994. Notices of (harvesters); biological control with Room 2007, New York, NY 10278–0090 interest should be forwarded to the insects or plant pathogens; sterile grass (telephone 212–264–6122, fax 212–264– Bellmore Re-Use Planning Group, carp (confined and unconfined options); 0230; or Mrs. Jean Johnson, Directorate ATTN: Commissioner Robert Francis, lake drawdown; traditional herbicide of Public Works, ATTN: AFZT–EHP, Department of Planning & Economic program; herbicide drip delivery Real Property Office, 5318 Delaware Development, 200 North Franklin system; and, combinations of these Avenue, Fort Dix, New Jersey 08640– Street, Hempstead, New York 11550, alternatives (integrated hydrilla 5505 (telephone 609–562–3253). (516) 489–5000. management). An integrated hydrilla SUPPLEMENTARY INFORMATION: This The surplus real property totals management alternative, with surplus property is available under the approximately 16 acres and includes components from the confined grass provisions of the Federal Property and two (2) office buildings, two (2) storage carp, herbicide drip delivery system, Administrative Services Act of 1949 and buildings, and three (3) other buildings. and a reduced traditional herbicide the Base Closure Community The current uses include industrial, program is the draft recommended plan. Redevelopment and Homeless storage and commercial facilities. The average annual cost for this plan is Assistance Act of 1994. Notices of Future uses may be limited to those $566,546; is economically justified interest should be forwarded to the described above. based on recreation benefits; and results Edison Township Committee, ATTN: Gregory D. Showalter, in control of hydrilla at the priority Angelo Orlando, Director of Parks and Army Federal Register Liaison Officer. hydrilla management areas and would Recreation, 100 Municipal Blvd, Edison, [FR Doc. 96–8427 Filed 4–4–96; 8:45 am] significantly reduce the total hydrilla New Jersey 08817. BILLING CODE 3710±06±M acreage to from the maximum hydrilla Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15227 acreage of 24,000 acres that occurred in SUPPLEMENTARY INFORMATION: and Pine Flat water to augment instream 1992, to 14,000 acres. 1. Project Location flows below Pine Flat Dam in late summer and fall. Gregory D. Showalter, (a) The study area, the Kings River Army Federal Register Liaison Officer. basin, is located in the southeasterly 3. Environmental Consequences [FR Doc. 96–8390 Filed 4–4–96; 8:45 am] portion of the San Joaquin Valley (see (a) The lead agencies have identified BILLING CODE 3710±CR±M figure 1). The Kings River basin is potential environmental effects of the bounded on the north by the San proposed action in the following areas: Joaquin River basin and on the south by • aquatic, wetland, and riparian Intent To Prepare a Joint Draft the Kaweah River basin. The Kings habitats Environmental Impact Statement (EIS) River originates high in the Sierra • fish and wildlife populations Nevada and flows in a southwesterly and Environmental Impact Report (EIR) • esthetics, recreation opportunity direction as it leaves the foothills and for Pine Flat Dam Fish and Wildlife and use enters the San Joaquin Valley. Below Habitat Restoration Investigation, • air quality California Pine Flat Dam, the Kings River flows • divide into numerous channels which water quality • converge into a single channel before cultural resources AGENCY: U.S. Army Corps of Engineers, • DOD. bifurcating into Kings River North and threatened and endangered species Kings River South. Kings River North 4. Scoping Process ACTION: Notice of intent. flows into the San Joaquin River and Kings River South flows into the Tulare a. ‘‘Scoping’’ is a process to identify SUMMARY: The U.S. Army Corps of Lake. the actions, alternatives, and effects to Engineers (Corps), lead agency under (b) Pine Flat Dam, completed by the be evaluated in an environmental the National Environmental Policy Act, Corps in 1954 and situated about 25 document. The public is invited to and the Kings River Conservation miles east of the City of Fresno, assist the lead agencies in scoping this District (KRCD), lead agency under the impounds Kings River flows for flood EIS/EIR. The process provides an California Environmental Quality Act, control, water conservation, recreation, opportunity for the public to identify intend to prepare a joint document to and hydroelectric power generation. significant resources within the study evaluate the environmental effects of the Pine Flat Lake has a capacity of about area that may be affected by the project. proposed habitat restoration in the one million acre-feet at gross pool. To facilitate this involvement, a public vicinity of Pine Flat Dam. Downstream of Pine Flat Dam, the Corps scoping meeting will be held in Fresno constructed levees, channel on April 24, 1996 from 5:30 to 7:30 p.m. The study purpose is environmental improvements, and weirs to control at the Fresno Metropolitan Flood restoration. The investigation will flood flows. Control District, 5469 East Olive analyze several measures evaluated in Avenue, Fresno, CA 93727. A summary 2. Proposed Action and Alternatives the reconnaissance phase study, and of the meeting will be made. will identify a feasible fish and wildlife (a) The Corps and KRCD, the non- Individuals, organizations, and agencies restoration plan. Measures to be Federal sponsor, are conducting a are also encouraged to submit written evaluated include construction of a feasibility investigation to identify and scoping comments by May 10, 1996. multi-level intake structure at Pine Flat evaluate alternative measures to restore b. After the draft EIS/EIR is prepared, Dam, water transfers, and riparian fish and wildlife habitat in the vicinity it will be circulated to all interested restoration downstream of Pine Flat of Pine Flat Dam. parties for review and comment. Public Dam. (b) The feasibility report and EIS/EIR meetings will be held to receive verbal will include the alternatives analyzed in FOR FURTHER INFORMATION CONTACT: and written comments. All comments the 1994 reconnaissance report and An issues-scoping meeting for the will be considered and responded to in carried forward for analysis in the the final EIS/EIR. investigation is scheduled for April 24, feasibility phase. These alternatives 1996, from 5:30 to 7:30 p.m. at Fresno include the no-action alternative and 5. Availability Metropolitan Flood Control District, the following restoration measures: (1) The draft EIS/EIR is scheduled to be 5469 East Olive Avenue, Fresno, CA A multi-level intake structure designed distributed for public review and 93727. Please address any questions to fit over the existing penstock intakes comment in 1998. All persons interested regarding the EIS/EIR to Ms. Patricia and allow water to be withdrawn from in receiving the draft document should Roberson, Planning Division, higher reservoir elevations; (2) riparian contact Ms. Trina Farris at 557–6777. Environmental Resources Branch, Corps restoration at a site near the Friant-Kern Gregory D. Showalter, of Engineers, 1325 J Street, Sacramento, Canal siphon on the Kings River; and (3) CA 95814–2922. She can also be a water transfer plan that would Army Federal Register Liaison Officer. reached by telephone at (916) 557–6705. exchange Central Valley Project water BILLING CODE 3710±EZ±M 15228 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

[FR Doc. 96–8423 Filed 4–4–96; 8:45 am] BILLING CODE 3710±EZ±C Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15229

Notice of Availability for the Final many species of wildlife, including considered by the Corps of Engineers in Poplar Island Restoration Feasibility black duck, bald eagles, osprey, heron, the decision to implement the project. Study and Environmental Impact and egret. Habitat for many wildlife To make this decision, comments are Statement (EIS); Project Location Is species native to the upper Chesapeake being used to assess impacts on Near Tilgham Island, in Talbot County, is sparse and degrading in the project endangered species, historic properties, Maryland area. The complex of upland, wetland, water quality, general environmental near-shore, and shoal habitats that will effects, and other public interest factors AGENCY: U.S. Army Corps of Engineers, result form the restored island will offer listed above. Comments regarding the DOD. a diversity of habitat resources. The environmental restoration proposal have ACTION: Notice of availability. project design includes development of been incorporated into the Final 50% wetland and 50% upland habitat. Environmental Impact Statement are SUMMARY: The U.S. Army Corps of Engineers, Baltimore District, has Of the wetlands, 80% will be developed required by NEPA. Public comments prepared a Feasibility Study and as low marsh and 20% as high marsh. were also used to determine the overall Environmental Impact Statement for the Small upland islands, ponds, and public interest. Opportunities for public restoration of Poplar Island to its dendritic guts or channels will be comment included a series of three approximate size in 1847. In accordance created to increase habitat diversity public scoping and information with the National Environmental Policy within the marsh areas. It is expected meetings and a final public hearing, Act (NEPA) and Section 404 of the that habitat diversity will be increased held in November 1995, to present the Clean Water Act, the District is in the upland areas by constructing proposed project and draft EIS. In conducting public coordination and small ponds and providing both forested addition, a number of informal meetings distributing the documents for public and relatively open scrub/shrub areas. were held in order to present 3. The decision to implement this review and comment. information to citizen interest groups, action is being based on an evaluation including watermen, charterboat FOR FURTHER INFORMATION CONTACT: of the probable impact of the proposed captains, local officials, and regional Questions about the proposed actions, activities on the public interest. The planners. The public review and Feasibility Study, and EIS can be decision will reflect the national comment period for the draft feasibility addressed to Study Manager, Baltimore concern for both protection and study and draft EIS began on 13 District, U.S. Army Corps of Engineers, utilization of important resources. The November 1995 and closed on 25 ATTN: CENAB–PL–PC, P.O. 1715, benefits which reasonably may be January 1996. Comments received Baltimore, Maryland 21203–1715, expected to accrue from the proposed throughout the study process have been telephone (410) 962–3639. E-mail: project are being balanced against its incorporated into the final EIS. [email protected]. reasonably foreseeable detriments. All 6. This Notice of Availability is being usace.army.mil. factors which may be relevant to the sent to organizations and individuals SUPPLEMENTARY INFORMATION: proposal, including the cumulative known to have an interest in the effects thereof, are being considered; Background restoration of Poplar Island. Please bring among these factors are economics, this notice to the attention of any other Currently, the name Poplar Island aesthetics, general environmental individuals with an interest in this refers to a group of four small remnant concerns, wetlands, cultural values, matter. Copies of the EIS are available islands, located adjacent to Jefferson flood hazards, fish and wildlife values, upon request or for review at the and Coaches Islands in the upper flood plain values, land use, recreation, following locations: middle Chesapeake Bay. The project water supply and conservation, water Talbot County Free Library, 100 W. location is approximately one mile quality, energy needs, safety, food and Dover St., Easton, MD. north of Tilghman Island, on the Bay’s fiber production, and the general needs St. Michales Branch, Talbot County. eastern shore. and welfare of the people. Free Library, 106 No. Fremont St., St. 1. Island restoration would create, 4. The Environmental Impact Michaels, MD. 1,110 acres of wildlife habitat by Statement (EIS) describes the impacts of Dorchester County Public Library, 303 placing, shaping, and planting the proposed projects on environmental Gay St., Cambridge, MD. approximately 38 million cubic yards of and cultural resources in the study area. Frederick Douglas Library, University of clean dredged material. The habitat The EIS also applies guidelines issued Maryland, Eastern Shore, Princess created would include approximately by the Environmental Protection Anne, MD. 555 acres each of intertidal wetlands Agency, under authority of the Clean Twin Beaches Library, 3819 Harbor Rd., and upland habitat. The material would Water Act of 1977 (Pub. L. 95–217). An Chesapeake Beach, MD. be dredged during maintenance of the evaluation of the proposed actions on Enoch Pratt Free Library, 400 Cathedral southern approach channels to the waters of the United States was St., Baltimore, MD. Baltimore Harbor and placed behind performed pursuant to the guidelines of 7. Requests for copies of the EIS may containment dikes at the project site. the Administrator, U.S. Environmental be mailed to the following address: The plan includes a 35,000-ft perimeter Protection Agency, under authority of District Engineer, ATTN: CENAB–PL– dike surrounding the four remnant Section 404 of the Clean Water Act. The PC, U.S. Army Corps of Engineers, islands and protecting the south side of proposed dredging, construction, and Baltimore District, P.O. Box 1715, Coaches Island. The containment dike placement of dredged material is in Baltimore, MD 21203–1715. on the west side of the restored island compliance with Section 404(b)(1) Gregory D. Showalter, will be constructed of on-site sand and guidelines. Army Federal Register Liaison Officer. armor stone brought to the site. 5. In accordance with the National 2. Poplar Island has been identified by Environmental Policy Act and the Clean [FR Doc. 96–8424 Filed 4–4–96; 8:45 am] the U.S. Fish and Wildlife Service, the Water Act, the Corps of Engineers has BILLING CODE 3710±41±M Maryland Department of Natural solicited comments form the public, Resources, and many other natural Federal, state and local agencies and Inland Waterways Users Board resource management agencies as a officials, and other interested parties. valuable nesting and nursery area for Any comments received are being AGENCY: U.S. Army Corps of Engineers. 15230 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

ACTION: Notice of open meeting. Sherrill, Department of Education, 7th & and clarity of the information to be D Streets S.W., Room 5624, Regional collected, and (5) how might the SUMMARY: In Accordance with 10(a)(2) Office Building 3, Washington, D.C. Department minimize the burden of this of the Federal Advisory Committee Act, 20202–4651. Written comments collection on the respondents, including Public Law (92–463) announcement is regarding the regular clearance and through the use of information made of the next meeting of the Inland requests for copies of the proposed technology. Waterways Users Board. The meeting information collection requests should will be held on May 8, 1996, at the Dated: April 1, 1996. be addressed to Patrick J. Sherrill, Gloria Parker, George A. Morris Army Reserve Center, Department of Education, 600 # Director, Information Resources Group. Room 2, 1265 Porters Chapel Road, Independence Avenue SW., Room 5624, Vicksburg, MS 39180, (Tel. 601–631– Regional Office Building 3, Washington, Office of Special Education and 6102). Registration will begin at 8:30 DC 20202–4651, or should be electronic Rehabilitative Services AM and the meeting is scheduled to mailed to the internet address adjourn at 4:00 pm. The meeting is open # Type of Review: Revision. [email protected], or should be faxed to Title: Application for State Grants to the public. Any interested person 202–708–9346. may attend, appear before, or file Program for Technology-Related FOR FURTHER INFORMATION CONTACT: Assistance for Individuals with statements with the committee at the Patrick J. Sherrill (202) 708–8196. time and in the manner permitted by the Disabilities Act of 1988. Individuals who use a Frequency: Annually. committee. telecommunications device for the deaf Affected Public: State, local or Tribal FOR FURTHER INFORMATION CONTACT: Mr. (TDD) may call the Federal Information Gov’t SEAs or LEAs. Norman T. Edwards, Headquarters, U.S. Relay Service (FIRS) at 1–800–877–8339 Annual Reporting and Recordkeeping Army Corps of Engineers, CECW–PD, between 8 a.m. and 8 p.m., Eastern time, Hour Burden: Washington, D.C. 20314–1000. Monday through Friday. Responses: 56. SUPPLEMENTARY INFORMATION: None. SUPPLEMENTARY INFORMATION: Section Burden Hours: 1,680. Gregory D. Showalter, 3506(c)(2)(A) of the Paperwork Abstract: In order to implement the Technology-Related Assistance for Army Federal Register Liaison Officer. Reduction Act of 1995 (44 U.S.C. Chapter 3506(c)(2)(A) requires that the Individuals with Disabilities Act [FR Doc. 96–8389 Filed 4–4–96; 8:45 am] Amendments of 1994, states will be BILLING CODE 3710±92±M Director of OMB provide interested Federal agencies and the public an early required under statutory authority to opportunity to comment on information submit extension applications and performance reports. DEPARTMENT OF EDUCATION collection requests. The Office of Management and Budget (OMB) may [FR Doc. 96–8409 Filed 4–4–96; 8:45 am] Notice of Proposed Information amend or waive the requirement for BILLING CODE 4000±01±P Collection Requests public consultation to the extent that public participation in the approval AGENCY: Department of Education. process would defeat the purpose of the Notice of Proposed Information ACTION: Notice of Proposed Information information collection, violate State or Collection Requests Collection Requests. Federal law, or substantially interfere AGENCY: Department of Education. with any agency’s ability to perform its SUMMARY: The Director, Information statutory obligations. The Director of the ACTION: Proposed collection; comment Resources Group, invites comments on Information Resources Group, publishes request the proposed information collection this notice containing proposed SUMMARY: The Director, Information requests as required by the Paperwork information collection requests at the Reduction Act of 1995. Resources Group, invites comments on beginning of the Departmental review of the proposed information collection DATES: An emergency review has been the information collection. Each requests as required by the Paperwork requested in accordance with the Act proposed information collection, Reduction Act of 1995. (44 U.S.C. Chapter 3507 (j)), since grouped by office, contains the DATES: Interested persons are invited to public harm is reasonably likely to following: (1) Type of review requested, submit comments on or before June 4, result if normal clearance procedures e.g., new, revision, extension, existing 1996. are followed. Approval by the Office of or reinstatement; (2) Title; (3) Summary Management and Budget (OMB) has of the collection; (4) Description of the ADDRESSES: Written comments and been requested by April 4, 1996. need for, and proposed use of, the requests for copies of the proposed A regular clearance process is also information; (5) Respondents and information collection requests should beginning. Interested persons are frequency of collection; and (6) be addressed to Patrick J. Sherrill, invited to submit comments on or before Reporting and/or Recordkeeping Department of Education, 600 June 4, 1996. burden. ED invites public comment at Independence Avenue SW., Room 5624, ADDRESSES: Written comments the address specified above. Copies of Regional Office Building 3, Washington, regarding the emergency review should the requests are available from Patrick J. DC 20202–4651. be addressed to the Office of Sherrill at the address specified above. FOR FURTHER INFORMATION CONTACT: Information and Regulatory Affairs, The Department of Education is Patrick J. Sherrill (202) 708–8196. Attention: Wendy Taylor, Desk Officer: especially interested in public comment Individuals who use a Department of Education, Office of addressing the following issues: (1) is telecommunications device for the deaf Management and Budget, 725 17th this collection necessary to the proper (TDD) may call the Federal Information Street NW., Room 10235, New functions of the Department, (2) will Relay Service (FIRS) at 1–800–877–8339 Executive Office Building, Washington, this information be processed and used between 8 a.m. and 8 p.m., Eastern time, D.C. 20503. Requests for copies of the in a timely manner, (3) is the estimate Monday through Friday. proposed information collection request of burden accurate, (4) how might the SUPPLEMENTARY INFORMATION: Section should be addressed to Patrick J. Department enhance the quality, utility, 3506 of the Paperwork Reduction Act of Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15231

1995 (44 U. S. C. Chapter 35) requires Burden Hours: 40. programs. This one-time collection will that the Office of Management and Abstract: The purpose of this be used to meet DFSCA reporting Budget (OMB) provide interested evaluation is to describe, analyze, requirements for 1993–95 and will serve Federal agencies and the public an early compare and evaluate the 16 skill as the basis for the Department’s opportunity to comment on information Standards projects funded by the required report to Congress on the collection requests. OMB may amend or Business and Education Standards program’s activities for that period. projects. The study is intended to waive the requirement for public [FR Doc. 96–8410 Filed 4–4–96; 8:45 am] consultation to the extent that public inform the National Skill Standards participation in the approval process Board, authorized by the Goals 2000: BILLING CODE 4000±01±P would defeat the purpose of the Educate America Act, regarding information collection, violate State or endorsement criteria for establishment National Educational Research Policy Federal law, or substantially interfere of occupational clusters, establishment and Priorities Board; Meeting with any agency’s ability to perform its of partnerships to create skill standards statutory obligations. The Director of the and identification of areas regarding AGENCY: National Educational Research Information Resources Group publishes more research in the skill standard Policy and Priorities Board; Education. this notice containing proposed arena. The study will also inform ACTION: Notice of closed committee information collection requests prior to policymakers within the Department of meeting. submission of these requests to OMB. Education about what has been learned Each proposed information collection, from the projects that could assist in the SUMMARY: This notice sets forth the grouped by office, contains the broader education reform agenda being schedule and proposed agenda of a following: (1) Type of review requested, pursued by the Department. forthcoming meeting of the Search e.g., new, revision, extension, existing Committee of the National Educational Office of the Under Secretary or reinstatement; (2) Title; (3) Summary Research Policy and Priorities Board. of the collection; (4) Description of the Type of Review: New. Notice of this meeting is required under need for, and proposed use of, the Title: Evaluating States’ Planning and Section 10(a)(2) of the Federal Advisory information; (5) Respondents and Implementation of Goals 2000 and the Committee Act. This document is frequency of collection; and (6) Elementary and Secondary Education intended to notify the general public of Reporting and/or Recordkeeping Act. the meeting. burden. OMB invites public comment at Frequency: One Time. DATES: April 9, 1996. the address specified above. Copies of Affected Public: State, local or Tribal TIME: 4 p.m. to approximately 5:30 p.m. the requests are available from Patrick J. Government, SEAs or LEAs. LOCATION: Park Suite Room Six, Sherrill at the address specified above. Annual Reporting and Recordkeeping Sheraton New York Hotel and Towers, The Department of Education is Hour Burden: 811 7th Avenue, New York, NY 10019. Responses: 1. especially interested in public comment FOR FURTHER INFORMATION CONTACT: addressing the following issues: (1) is Burden Hours: 500. Abstract: The Department of Charles Hansen, Designated Federal this collection necessary to the proper Education is charged with evaluating Official, Office of Educational Research functions of the Department, (2) will Title I of ESEA and other elementary and Improvement, 555 New Jersey this information be processed and used and secondary education legislation Avenue NW., Washington, DC 20208– in a timely manner, (3) is the estimate enacted by the 103rd Congress. These 7579, Telephone: (202) 219–2050. of burden accurate, (4) how might the surveys will collect information on the SUPPLEMENTARY INFORMATION: The Department enhance the quality, utility, operations and effects at the state level National Educational Research Policy and clarity of the information to be of legislative provisions and federal and Priorities Board is authorized by collected, and (5) how might the assistance, in the context of state Section 921 of the Educational Department minimize the burden of this education reform efforts. Findings will Research, Development, Dissemination, collection on the respondents, including be used in reporting to Congress and and Improvement Act of 1994. The through the use of information improving information dissemination. Board works collaboratively with the technology, and (6) Abstract. Because an Respondents are managers in 9 Assistant Secretary for the Office of emergency review is requested, the programs in all 50 state education Educational Research and Improvement additional information to be requested agencies. to forge a national consensus with in this collection is included in the respect to a long-term agenda for section on ‘‘Additional Information’’ in Office of the Under Secretary educational research, development, and this notice. Type of Review: Reinstatement. dissemination, and to provide advice Dated: April 1, 1996. Title: Drug-Free Schools and and assistance to the Assistant Secretary Gloria Parker, Communities Act: Outcomes of State in administering the duties of the Office. Director, Information Resources Group. and Local Programs. The meeting of the Search Committee Frequency: One time. is closed to the public under the Office of Postsecondary Education Affected Public: State, local or Tribal authority of Section 10(d) of the Federal Type of Review: New. Government, SEAs or LEAs. Advisory Committee Act (Pub. L. 92– Title: Descriptive, Comparative Reporting and Recordkeeping Hour 463; 5 U.S.C. Appendix 2) and under Analysis and Evaluation of the Business Burden: exemptions (2) and (6) of Section and Education Standards Projects. Responses: 114. 552b(c) of the Government in the Frequency: One Time. Burden Hours: 3,990. Sunshine Act (Pub. L. 94–409; 5 U.S.C. Affected Public: Businesses or other Abstract: Section 5127 of the Drug- 552b(c) (2) and (6)). In discussing for-profit; State, local or Tribal Gov’t, Free Schools and Communities Act candidates for the position of Executive SEAs or LEAs. (DFSCA) requires states to submit to the Director, the Committee will consider Annual Reporting and Recordkeeping Secretary on a biennial basis matters that relate solely to the internal Hour Burden: information on the activities carried out rules and practices of the Board and the Responses: 16. by state, local, and Governors’ DFSCA credentials, personal qualifications and 15232 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices experience of potential candidates for and Improvement Act of 1994. The implement projects and facility the position of executive director, Board works collaboratively with the upgrades consistent with fulfilling these matters that would disclose information Assistant Secretary for the Office of operations; and to increase interim of a personal nature where disclosure Educational Research and Improvement storage levels for plutonium would constitute a clearly unwarranted to forge a national consensus with components (pits) from 12,000 to 20,000 invasion of personal privacy if respect to a long-term agenda for pits. The Draft EIS also evaluates a No conducted in open session. educational research, development, and Action Alternative and a Relocation of A summary of the activities at the dissemination, and to provide advice Interim Pit Storage Alternative. closed session and related matters and assistance to the Assistant Secretary DATES: DOE invites the general public, which are informative to the public in administering the duties of the Office. other government agencies, and all other consistent with the policy of Title 5 The meeting of the Search Committee interested parties to comment on this U.S.C. 552b(c) will be available to the is closed to the public under the Draft EIS. The information obtained public within 14 days of the meeting. authority of Section 10(d) of the Federal during this period will assist DOE in The public is being given less than the Advisory Committee Act (Pub. L. 92– finalizing this EIS. Comments received required 15 days’ notice because of the 463; 5 U.S.C. Appendix 2) and under by DOE must be postmarked no later difficulty in accommodating the exemption (6) of Section 552b(c) of the than July 5, 1996 to ensure schedules of all members of the Search Government in the Sunshine Act (Pub. consideration in the Final EIS. Committee, which must complete its L. 94–409; 5 U.S.C. 552b(c)(6)). In Comments postmarked after that date selection and interview process prior to interviewing candidates for the position will be considered to the extent the next full Board meeting on June 6. of Executive Director, the Committee practicable. Records are kept of all Board will consider the credentials, personal The Department will hold public proceedings, and are available for public qualifications and experience of meetings at the potentially affected sites inspection at the office of the National candidates for the position of executive to receive comments on the Draft Pantex Educational Research Policy and director, matters that would disclose EIS at the times and locations listed Priorities Board, 555 New Jersey Ave., information of a personal nature where below. Meetings on the dates identified NW., Washington, DC 20208–7564. disclosure would constitute a clearly with an asterisk (*) are joint public Dated: April 1, 1996. unwarranted invasion of personal meetings to be held in coordination Sharon P. Robinson, privacy if conducted in open session. with the Pantex Draft EIS, the Stockpile A summary of the activities at the Assistant Secretary. Stewardship and Management Draft closed session and related matters Programmatic EIS, and the Storage and [FR Doc. 96–8419 Filed 4–4–96; 8:45 am] which are informative to the public Disposition of Weapons-Usable Fissile BILLING CODE 4000±01±M consistent with the policy of Title 5 Materials Draft Programmatic EIS: U.S.C. 552b(c) will be available to the April 22–23, 1996* public within 14 days of the meeting. National Educational Research Policy Radisson Inn Airport, 7909 I–40 East at Records are kept of all Board and Priorities Board; Meeting Lakeside, Amarillo, Texas 79104, Time: proceedings, and are available for public April 22; 6:00 pm to 11:00 pm; April 23; AGENCY: National Educational Research inspection at the office of the National 8:30am to 12:00 pm and 1:00 pm to 6:00 Policy and Priorities Board; Education. Educational Research Policy and pm ACTION: Notice of closed committee Priorities Board, 555 New Jersey Ave., April 25, 1996 meeting. NW., Washington, DC 20208–7564. Community College of Southern Nevada— Cheyenne Campus, 3200 East Cheyenne Dated; April 1, 1996. SUMMARY: Avenue, North Las Vegas, Nevada 89030, This notice sets forth the Sharon P. Robinson, schedule and proposed agenda of a Time: 3:00 pm to 5:00 pm and 6:00 pm Assistant Secretary. forthcoming meeting of the Search to 9:00 pm Committee of the National Educational [FR Doc. 96–8420 Filed 4–4–96; 8:45 am] April 30, 1996* Research Policy and Priorities Board. BILLING CODE 4000±01±M North Augusta Community Center, 495 Brookside Avenue, North Augusta, South Notice of this meeting is required under Carolina 29841, Time: 8:00 am to 1:00 Section 10(a)(2) of the Federal Advisory pm and 6:00 pm to 11:00 pm DEPARTMENT OF ENERGY Committee Act. This document is May 2, 1996 intended to notify the general public of Environmental Impact Statement for Red Lion Inn, 802 George Washington the meeting. Way, Richland, Washington 99352, the Continued Operation of the Pantex DATES: May 6 and 7, 1996. Time: 3:00 pm to 5:00 pm and 6:00 pm Plant and Associated Storage of to 9:00 pm EFFECTIVE DATE: 8:30 a.m. to 5 p.m. Nuclear Weapon Components May 7, 1996 TIME: 8:30 a.m. to 5 p.m. AGENCY: Department of Energy. Albuquerque Convention Center, 401 LOCATION: First Floor Conference Room, Second Street, NW, Albuquerque, New 80 F Street NW., Washington, DC 20208. ACTION: Notice of availability. Mexico 87102, Time: 3:00 pm to 5:00 pm and 6:00 pm to 9:00 pm FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of Energy Charles E. Hansen, Designated Federal (DOE) announces the availability for Public meeting times and locations Official, Office of Educational Research public review and comment of the Draft will be published in local newspapers and Improvement, 555 New Jersey Environmental Impact Statement (EIS) prior to the meeting dates. Avenue NW., Washington, DC 20208– for the Continued Operation of the ADDRESSES: Written comments and 7579. Telephone: (202) 219–2050. Pantex Plant and Associated Storage of requests should be directed to: Ms. SUPPLEMENTARY INFORMATION: The Nuclear Weapon Components (DOE/ Nanette Founds, U.S. Department of National Educational Research Policy EIS–0225). The Department’s preferred Energy, Albuquerque Operations Office, and Priorities Board is authorized by alternative is to continue nuclear P.O. Box 5400, Albuquerque, New Section 921 of the Educational weapons operations at the Pantex Plant, Mexico, 87185–5400. Written Research, Development, Dissemination, located near Amarillo, Texas; to comments, suggestions, and requests Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15233 can also be submitted using the Pantex 2753 S. Highland Avenue, Las Vegas, scheduled for the morning of April 18, Plant EIS Faxline at 1–800–822–5499. Nevada 89109, 702–295–1274 1996 on the Draft EISs, the Department Facsimiles should be marked: Pantex U.S. Department of Energy, National Atomic intends to provide an additional session Museum Public Reading Room, Kirtland Plant EIS. Oral comments and requests Air Force Base, Building 20358, Wyoming on the afternoon of April 17, 1996 from concerning this EIS may also be Boulevard, Albuquerque, New Mexico 1:00 p.m. to 4:30 p.m. at the Forrestal submitted by calling the Pantex Plant 87115, 505–845–6670/4378 Building, Room 6E–069/081, 1000 EIS Hotline at 1–800–788–0306. Los Alamos National Laboratory, Community Independence Avenue, S.W., Comments may also be submitted via Reading Room, Museum Parke Office Washington, D.C. the Internet. The e-mail address is: Complex, 1450 Central Avenue, Suite 101, To pre-register for this meeting [email protected]. Los Alamos, New Mexico 87544, 505–665– (optional) and to obtain related 2127 or 1–800–543–2342 information call 1–800–820–5134. FOR FURTHER INFORMATION CONTACT: For U.S. Department of Energy, Public Document information on DOE’s NEPA process, Room, 2nd Floor, University Library, Issued in Washington, DC, April 1, 1996. please contact: Ms. Carol Borgstrom, University of South Carolina, Aiken David B. Leclaire, Director, Office of NEPA Policy and Campus, 171 University Parkway, Aiken, Deputy Assistant Secretary for Defense Assistance (EH–42), U.S. Department of South Carolina 29801, 803–648–6851 Programs. Oak Ridge Public Reading Room, 55 Jefferson Energy, 1000 Independence Avenue, Gregory P. Rudy, SW, Washington, DC, 20585, 202–586- Avenue, Oak Ridge, Tennessee 37830, 615– 576–0887 Acting Director, Office of Fissile Materials 4600 or 1–800–472–2756. For U.S. Department of Energy Public Reading Disposition. information on this EIS, please contact: Room, Reference Department, Lynn Library [FR Doc. 96–8500 Filed 4–4–96; 8:45 am] Ms. Nanette Founds at the above and Learning Center, Amarillo College, BILLING CODE 6450±01±P address or by calling (505) 845–4351. 2201 South Washington, 4th Floor, SUPPLEMENTARY INFORMATION: Pantex Amarillo, Texas 79109, 806–371–5400 Plant, near Amarillo, Texas, is the Pantex EIS Public Information Center, c/o Tetra Tech, Inc., 6900 I–40 West, Suite 260, Financial Assistance Award (GRANT) Nation’s nuclear weapons assembly and Amarillo, Texas, 806–355–9480 AGENCY: U. S. Department of Energy disassembly site. Its assigned missions U.S. Department of Energy Public Reading also include the fabrication of high Room, Carson County Public Library, 401 (DOE). explosive components and the Main Street, P.O. Box 339, Panhandle, ACTION: Solicitation of Applications for maintenance, modification and Texas 79068, 806–537–3742 Grant Awards for High-Energy Density evaluation of existing nuclear weapons. U.S. Department of Energy, Public Reading and Laser-Matter Interaction Studies. However, its current workload is Room, Washington State University, 100 SUMMARY: Pursuant to 10 CFR 600.15, centered on the dismantlement of Sprout Road, Richland, Washington 99352, 509–376–8583 the U. S. DOE announces that it plans nuclear weapons being retired from the to conduct a technically competitive military stockpile. There are currently Subsequent Document Preparation solicitation for basic research no plans for producing new weapons. DOE intends to complete the Final experiments in high energy density and The preferred alternative is to maintain EIS and prepare a response to comments laser matter interaction studies at the Pantex Plant’s assigned missions as well received during the review of the Draft National Laser Users’ Facility (NLUF) as increase the plant’s onsite interim EIS in October 1996 and will announce located at the University of Rochester storage levels from 12,000 to 20,000 its availability in the Federal Register. Laboratory for Laser Energetics (UR/ pits. The Draft EIS also evaluates a No LLE). Action Alternative, which would Issued in Washington, DC, on March 29, 1996. Grant Solicitation No. DE–PS03– continue current activities with no new 96SF21040. Universities or other higher projects or facility upgrades and limit Henry K. Garson, education institutions, private sector onsite interim storage to 12,000 pits and Associate Deputy Assistant, Secretary for Core not-for-profit organizations, or other a Relocation of Pit Storage Alternative, Technical Support and Facility Transition, Defense Programs. entities are invited to submit grant in which some or all of Pantex interim applications. The total amount of storage activities would be relocated to [FR Doc. 96–8290 Filed 4–4–96; 8:45 am] funding expected to be available for an alternate site: the Savannah River BILLING CODE 6450±01±P Fiscal Year 1997 (FY97) program cycle Site near Aiken, South Carolina; the is $700,000. Multiple awards are Nevada Test Site near Las Vegas, Draft Programmatic Environmental anticipated. Nevada; the Hanford Site near Richland, Impact Statements on Storage and FOR FURTHER INFORMATION CONTACT: Washington; or the Manzano Weapons Disposition of Weapons-Usable Fissile Storage Area at Kirtland Air Force Base James Solomon, Contracting Officer, Materials and Stockpile Stewardship DOE Oakland Operations Office, 1301 near Albuquerque, New Mexico. and Management This Draft EIS incorporates public Clay Street, Room 700N, Oakland, CA 94612–5208, Telephone No. (510) 637– comments received during two scoping AGENCY: Department of Energy. 1865. periods (59 FR 26635, May 23, 1994; 60 ACTION: Notice of additional public FR 32661, June 23, 1995). Copies of all meeting session. SUPPLEMENTARY INFORMATION: The comments and associated EIS solicitation is targeted for release documentation prepared by DOE are On March 8, 1996, the Department approximately April 19, 1996. The available for inspection at the following announced the availability of the actual work to be accomplished will be locations: Storage and Disposition of Weapons- determined by the experiments and Usable Fissile Materials Draft diagnostic techniques that are selected U.S. Department of Energy, Freedom of Programmatic Environmental Impact for award. Proposed experiments and Information Reading Room, Room 1E–190, Forrestal Building, 1000 Independence Statement and the Draft Programmatic diagnostic techniques will be evaluated Avenue, SW., Washington, DC 20825, 202– Environmental Impact Statement for through scientific peer review against 586–6020 Stockpile Stewardship and Management predetermined, published and available U.S. Department of Energy, Nevada (61 FR 9443). In addition to the criteria. Final selection will be made by Operations Office Public Reading Room, Washington, D.C. public meeting the DOE. It is anticipated that multiple 15234 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices grants will be awarded within the receiving grant applications in support section via the Internet using the available funding. The unique resources of the Photochemistry and Radiation following E-mail address: http:// of the NLUF are available to scientists Sciences program, as described in the www.er.doe.gov/production/bes/chm/ for state-of-the art experiments recent workshop report entitled, chmhome.html. The Chemical Sciences primarily in the area of inertial ‘‘Research Opportunities in Division interests are in the areas of confinement fusion (ICF) and related Photochemical Sciences’’. Photochemistry. The Materials Sciences plasma physics. Other areas such as DATES: Potential applicants are strongly Division has continuing interest in spectroscopy of highly ionized atoms, encouraged to submit a brief photovoltaic materials and their laboratory astrophysics, fundamental preapplication. All preapplications, materials chemistry. physics, material science, and biology referencing Program Notice 96–13, The brief preapplication should and chemistry will be considered on a should be received not later than 4:30 consist of two to three pages of narrative secondary basis. PM, E.D.T., April 30, 1996. A response describing the research objectives and The LLE was established in 1970 to discussing the potential program methods of accomplishment. Telephone investigate the interaction of high power relevance of a formal application and FAX numbers are required parts of lasers with matter. Available at the LLE generally will be communicated to the the preapplication, and electronic mail for NLUF researchers is the upgraded applicant within 15 days of receipt. The addresses are desirable. OMEGA LASER, a 30 kJ UV 60 beam deadline for receipt of the formal It is anticipated that up to $500,000 laser system (at 0.35 um) suitable for applications is 4:30 PM, E.D.T., May 29, can be made available for grant awards direct-drive ICF implosions, and the 1996, in order to be accepted for merit during FY 1996, contingent upon Glass Development Laser (GDL), a 1 review and to permit timely availability of appropriated funds. The trillion watt, single beam prototype for consideration for award in fiscal year number of awards and the range of the OMEGA (at 0.35um). The systems 1996. funding will depend on the number of are suitable for a variety of experiments ADDRESSES: All preapplications, applications received and selected for including laser-plasma interactions and referencing Program Notice 96–13, award. Multiple-year funding of grant atomic spectroscopy. The NLUF should be sent to Dr. Silvia E. Ronco, awards is expected and is also program for FY97 is to concentrate on Chemical Sciences Division, ER–141, contingent upon availability of funds. experiments that can be done with the Office of Basic Energy Sciences, Office Renewal of the award for another term OMEGA laser at the University of of Energy Research, U.S. Department of will be dependent upon success factors Rochester and development of Energy, 19901 Germantown Road, such as publications and peer-review of diagnostic techniques suitable for the Germantown, MD 20874–1290. the renewal application. Applications OMEGA system. After receiving notification from DOE will be subjected to formal merit review Measurements of the laser coupling, concerning successful preapplications, and will be evaluated against the laser-plasma interactions, core applicants may prepare formal following criteria which are listed in temperature, and core density are applications and send them to: U.S. descending order of importance as set needed to determine the characteristics Department of Energy, Office of Energy forth in 10 CFR Part 605: of the target implosions. Diagnostic Research, Grants and Contracts 1. Scientific and/or technical merit of techniques could include either new Division, ER–64, 19901 Germantown the project; 2. Appropriateness of the proposed instrumentation, development of Road, Germantown, Maryland 20874– analysis tools, or development of targets method or approach; 1290, Attn: Program Notice 96–13. The 3. Competency of applicant’s that are applicable for 30 kJ implosions. above address for formal applications personnel and adequacy of proposed Additional information about the also must be used when submitting resources; facilities and potential collaboration at formal applications by U.S. Postal 4. Reasonableness and the NLUF can be obtained from: Dr. Service Express Mail, any commercial appropriateness of the proposed budget. James Knauer, Manager, National Laser mail delivery service, or when In fiscal year 1997, it is expected that Users’ Facility, University of Rochester/ handcarried by the applicant. funds will be available to support LLE, 250 East River Road, Rochester, NY FOR FURTHER INFORMATION CONTACT: Dr. research in photochemistry, subject to 14623. Silvia E. Ronco, Chemical Sciences fiscal year 1997 appropriations. Issued in Oakland, CA, March 20, 1996. Division, ER–141, Office of Basic Energy Complete information about the photo- Joan Macrusky, Sciences, U.S. Department of Energy, chemistry program may be obtained Chief, Financial Assistance Branch, Program 19901 Germantown Road, Germantown, from either Dr. Silvia E. Ronco at the Acquisition and Assistance Division. Maryland 20874–1290. Telephone: (301) above address or from Dr. Mary E. Gress [FR Doc. 96–8499 Filed 4–4–96; 8:45 am] 903–6891. at the same address or at (301)903–5827. BILLING CODE 6450±01±P SUPPLEMENTARY INFORMATION: A To be considered for possible fiscal workshop entitled ‘‘Research 1997 funding, potential applicants may Opportunities in Photochemical submit applications at any time after the Office of Energy Research Sciences’’, organized by the Office of May 29, 1996 due date set forth in this Basic Energy Sciences, was held notice. The submission of brief Energy Research Financial Assistance February 5–8, 1996 in Estes Park, preapplications prior to submitting Program Notice 96±13: Research in Colorado. The purpose of that meeting formal applications is encouraged. Photochemistry was to provide a forum to discuss and Information about the development, AGENCY: Department of Energy (DOE). highlight the importance and relevance submission, and the selection process, ACTION: Notice inviting grant of basic research in various facets of and other policies and procedures may applications. photochemistry and related scientific be found in 10 CFR Part 605, and in the fields to present and future Application Guide for the Office of SUMMARY: The Office of Basic Energy technologies. There is a report available Energy Research Financial Assistance Sciences (BES) of the Office of Energy to the scientific and energy technology Program. The Application Guide is Research (ER), U.S. Department of community, which contains a available from the U.S. Department of Energy, hereby announces its interest in Recommendations for Future Research Energy, Chemical Sciences Division, Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15235

Office of Energy Research, ER–141, SUPPLEMENTARY INFORMATION: High these centers may be found through 19901 Germantown Road, Germantown, Performance Computing and URL at the following: MD 20874–1290. Telephone requests Communications (HPCC) Grand http://www.er.doe.gov/production/octr/ may be made by calling (301) 903–5820. Challenge Applications (GCAs) address mics/index.html Electronic access to ER’s Financial computation-intensive fundamental Applications will be subjected to Assistance Guide is possible via the problems in science and engineering formal merit review (peer review) and Internet using the following E-mail whose solutions can be advanced by will be evaluated against the following address: http://www.er.doe.gov/ applying HPCC technologies and evaluation criteria listed in descending production/grants/grants.html. resources. This solicitation constitutes order of importance as codified for The catalog of Federal Domestic Assistance Phase II of the DOE HPCC GCAs review of applications from the Number for this program is 81.049, and the program. DOE GCAs will be restricted to academic and industrial sectors in 10 solicitation control number is ERFAP 10 CFR DOE mission areas and relevant CFR part 605: Part 605. research programs of the DOE Office of 1. Scientific and/or Technical Merit of Issued in Washington, DC, on March 25, Energy Research. the Project 1996. Each of the GCA projects will be 2. Appropriateness of the Proposed John Rodney Clark, comprised of two components, Research Method or Approach and Infrastructure. The three-year Associate Director for Resource Management, 3. Competency of Applicant’s Office of Energy Research. program for 3–6 GCAs will designate a Personnel and Adequacy of Proposed total of $3–6M per year, subject to the [FR Doc. 96–8501 Filed 4–4–96; 8:45 am] Resources availability of FY 1997 funds, to a BILLING CODE 6450±01±P 4. Reasonableness and scientific or engineering Research Appropriateness of the Proposed Budget component which will be accompanied Within the Scientific and/or Energy Research Financial Assistance by an Infrastructure component that will Technical Merit criterion, above, the Program Notice 96±14; High provide the required computational, following subcriteria, listed in priority Performance Computing and storage, networking, and software order, will be used for evaluation Communications Grand Challenge support. The value of this enabling purposes: Applications Infrastructure component is anticipated i. Fundamental Significance: A to be a total of $6–12M per year. fundamental science or engineering AGENCY: Department of Energy (DOE). Support for the Research component problem that has potential economic, will be provided to the sponsoring societal, and/or scientific impact and ACTION: Notice inviting grant institution(s) of the PI(s) while the applications. that can be advanced by applying high funding of the Infrastructure component performance computing resources. will be allocated directly to the SUMMARY: The staff of the Mathematical, ii. DOE Mission: The problem is computing centers(s) providing the significant to the missions of the DOE. Information, and Computational enabling computational support. This Sciences (MICS) Division of the Office The pertinent DOE Science or requires that the GCAs are substantial Engineering program in partnership of Computational and Technology collaborations between the PI(s) and the Research (OCTR), Office of Energy with OCTR/MICS staff must validate the professional staff at the computing merit of the applications with regard to Research (ER), U. S. Department of center(s) at which the computational Energy (DOE) announces its interest in this criterion. research is to be carried out and that iii. HPCC Goals: The project is receiving grant applications for research grant applications reflect this structure. grants for High Performance Computing consistent with the goals of the Federal Furthermore, applications must describe interagency HPCC program. and Communications Grand Challenge in detail the requirements from the iv. Enabling Technologies: Rapid Applications. computing centers housing the progress in software/hardware DATES: Formal applications submitted in computational platforms to be used for technologies should enable a substantial response to this notice must be received the research. advance on the problem within the next not later than 4:30 p.m. E.D.T., June 15, The OCTR/MICS-supported platforms few years. This criterion must be 1996, to permit timely consideration for are operated in the following computing validated by OCTR/MICS staff in award early in fiscal year 1997. centers: the Advanced Computing partnership with the pertinent DOE Laboratory of Los Alamos National ADDRESSES: Formal applications, Science or Engineering Program. Laboratory, the Center for referencing Program Notice 96–14, v. Interdisciplinary Approach: An Computational Sciences of Oak Ridge should be forwarded to: U. S. interdisciplinary approach involving National Laboratory, the Mathematics Department of Energy, Office of Energy scientists, engineers, mathematicians, and Computer Sciences Division of Research, Grants and Contracts and computer/computational scientists Argonne National Laboratory, and the Division, ER–64, 19901 Germantown is strongly required. National Energy Research vi. Support Leveraging: Funding Road, Germantown, Maryland 20874– Supercomputer Center of Lawrence leverage for the GCA provided by the 1290, Attn: Program Notice 96–14. The Berkeley National Laboratory. While use partners—DOE Program Offices, other above address also must be used when of resources housed at facilities agencies, or institutions—will constitute submitting formal applications by U. S. operated by other government agencies, the most sincere form of validation. Postal Service Express Mail, any academia, or private industry are vii. Technology Leveraging: Probable commercial mail delivery service, or acceptable, at least one of the platforms advances in enabling software or when handcarried by the applicant. for carrying out the proposed research hardware technologies developed by the FOR FURTHER INFORMATION CONTACT: Dr. must be located at a computing center proposed GCA that benefit other GCAs Walter C. Ermler, Office of Energy supported by OCTR/MICS. Furthermore, will be treated favorably, as will GCAs Research, U.S. Department of Energy, Infrastructure funds can only be which use advanced software OCTR/MICS, ER–31, 19901 allocated to one or more of the four development frameworks. Germantown Road, Germantown, MD OCTR/MICS-supported facilities. viii. Computer Resources: The 20874–1290, Tel: (301) 903–5800. Information concerning platforms at application should indicate the 15236 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices appropriateness and adequacy of the Energy Research, OCTR/MICS, ER–31, or direct funding are being sought. Infrastructure-component resources for 19901 Germantown Road, Germantown, The Catalog of Federal Domestic the GCA (architectures, peripheral MD 20874–1290. Telephone requests Assistance Number for this program is storage facilities, networking, support may be made by calling (301) 903–5800. 81.049, and the solicitation control number is staff, etc.). Electronic access to ER’s Financial ERFAP 10 CFR Part 605. ix. Multiple Platforms: Applications Assistance Guide is possible via the Issued in Washington, DC, on March 11, will also be evaluated based on the Internet using the following e-mail 1996. portability and extensibility of any address: http://www.er.doe.gov/ John Rodney Clark, system and/or software development production/grants/grants.html. In Associate Director for Resource Management, technology proposed. For this reason, addition to the formal application as Office of Energy Research. applicants are encouraged to involve described in the above publications, the [FR Doc. 96–8502 Filed 4–4–96; 8:45 am] more than one type of computing staff of OCTR/MICS requires that a two- BILLING CODE 6450±01±P platform in their research project. page summary be prepared by the Within the Appropriateness of the Research component PI(s). The format Proposed Method or Approach criterion, and content of the summary is as Federal Energy Regulatory above, special attention will be given to follows: Commission how the collaboration will be managed and to how results of the project are to Title of the GCA [Docket No. GT96±50±000] be integrated into substantial advances Designated scientific leader in the field and the enabling The single point of contact who Columbia Gas Transmission computational technology. represents the GCA team. Corporation; Notice of Proposed External peer reviewers will be Home institution of the GCA Changes in FERC Gas Tariff selected with regard to both their Not necessarily the proposing April 1, 1996. scientific expertise and the absence of institution, but the organization/ Take notice that on March 27, 1996, conflict-of-interest issues. Non-federal intellectual home institution. Columbia Gas Transmission Corporation reviewers will be used, and submission Abstract of the proposed project (Columbia) tendered for filing to become of an application constitutes agreement Not to duplicate criteria discussion part of its FERC Gas Tariff, Second that this is acceptable to the below. investigator(s) and the computing Participants, their institutions and Revised Volume No. 1, the following center(s). addresses tariff sheets, to be effective May 1, 1996. Details of the DOE HPCC program and Include E-mail addresses. First Revised Sheet No. 1 its Phase I GCA projects are given in the Partner DOE Program(s) and Program Third Revised Sheet No. 2 following publication available from the Office contacts First Revised Sheet No. 121 U. S. Department of Energy, Office of Reference participants by number if First Revised Sheet No. 220 Energy Research, OCTR/MICS, ER–31, appropriate. First Revised Sheet No. 275 19901 Germantown Road, Germantown, Address each of the nine criteria First Revised Sheet No. 320 MD 20874–1290, Tel: (301) 903–5800: First Revised Sheet No. 436 Fundamental Significance, DOE First Revised Sheet No. 525 ‘‘The DOE Program in High Performance Mission, HPCC Goals, Enabling Computing and Communications’’ (on- Technologies, Interdisciplinary Columbia states that in the instant line version URL http:// Approach, Support Leveraging, filing Columbia proposes to cancel, in www.er.doe.gov/production/octr/mics/ Technology Leveraging, Computer its entirety, the SSS Rate Schedule. As wbl95/wbl95.html). Resources, Multiple Platforms. Columbia stated in its October 26, 1995 The Federal interagency HPCC Approach to project integration tariff filing, pursuant to Section 281.204 program is described in the following How the research collaboration will of the Commission’s Regulations, for the publications available from the National be managed and the resulting work Annual Filing To Update Index of Coordination Office for High integrated into a substantial Entitlements (Docket No. GT96–23– Performance Computing and advance for the research and the 000), as of August 1, 1995, Columbia no Communications, Suite 665, 4201 enabling computational technology. longer has any customers under the SSS Wilson Boulevard, Arlington, VA 22230, Resource summary projections for FY Rate Schedule. Columbia is also revising Tel: (703) 306–4722: ‘‘High Performance 1997—FY 2000 other sheets that reference the SSS Rate Computing and Communications: Budget totals of Personnel, Schedule. Foundation for America’s Information Equipment, etc. separating Columbia states that copies of its Future’’ (on-line version available Personnel, Operating, and Capital filing have been mailed to all holders of through URL http://www.hpcc.gov/ (if applicable) by year. Columbia’s FERC Gas Tariff. blue96/index.html), ‘‘High Performance Computational resources needed Any person desiring to be heard or to Computing and Communications FY (system and time). The totals protest this filing should file a motion 1996 Implementation Plan’’ (on-line should be given for the two to intervene or protest with the Federal version URL http://www.hpcc.gov/./ components: Research and Energy Regulatory Commission, 888 imp96/index.html). Infrastructure. First Street, NE, Washington, DC 20426, Information about the development Project summary in accordance with Sections 385.214 and submission of applications, Brief (less than one page) project and 385.211 of the Commission’s Rules eligibility, limitations, evaluation, summary for each participating and Regulations. All such motions or selection processes, and other policies (Research component) institution protests must be filed as provided in and procedures may be found in 10 CFR and computing center Section 154.210 of the Commission’s Part 605, and in the Application Guide (Infrastructure component). Regulations. Protests will be considered for the Office of Energy Research Participants are to be identified by by the Commission in determining the Financial Assistance Program. The their role in the project. A resource appropriate action to be taken, but will Application Guide is available from the summary projection is also required not serve to make protestants parties to U. S. Department of Energy, Office of that includes whether subcontracts the proceeding. Copies of this filing are Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15237 on file with the Commission and are more accurate recovery of ESNG’s costs two gas turbine generators. TLNG available for public inspection in the and mitigate the deferred commodity explains that one unit has been used to Public Reference Room. costs which would occur in the absence provide primary terminal electrical Linwood A. Watson, Jr., of such waiver. power to the LNG terminal, with the Acting Secretary. ESNG states that copies of the filing other unit providing emergency backup [FR Doc. 96–8405 Filed 4–4–96; 8:45 am] have been served upon its jurisdictional power. TLNG states that retention of a customers and interested State 25% undivided ownership interest in BILLING CODE 6717±01±M Commissions. the two gas turbine units will allow Any person desiring to be heard or to TLNG to retain 8 megawatts, which [Docket No. TQ96±5±23±000] protest said filing should file a motion TLNG states is more than sufficient to to intervene or protest with the Federal serve as a source of back-up power and Eastern Shore Natural Gas Company; Energy Regulatory Commission, 888 to serve its peak power requirements for Notice of Proposed Changes in FERC First Street, N.E., Washington, D.C. ship unloading at the terminal. Gas Tariff 20426, in accordance with Rule 211 and It is stated that PELCG and TLNG Rule 214 of the Commission’s Rules of have entered into an Ownership April 1, 1996. Practice and Procedure (18 CFR Section Transfer Agreement whereby PELCG Take notice that on March 28, 1996, 385.211 and Section 385.214). All such will acquire a 75% undivided Eastern Shore Natural Gas Company motions or protests must be filed as ownership interest in the gas turbine (ESNG) tendered for filing certain provided in Section 154.210 of the facilities at their proportional net book revised tariff sheets in the above Commission’s Regulations. Protests will value as of the transfer date; the net captioned docket as part of its FERC Gas be considered by the Commission in book value of which is said to be Tariff, First Revised Volume No. 1, with determining the appropriate action to be $3,379,187. TLNG advises that PELCG a proposed effective date of April 1, taken, but will not serve to make intends to utilize its share of the 1996. protestants parties to the proceeding. megawatt capacity to generate and sell ESNG states that the revised tariff power, and is contemporaneously sheets included herein are being filed Any person wishing to become a party must file a motion to intervene. Copies requesting determination of status as an pursuant to Section 21 of the General Exempt Wholesale Generator from the Terms and Conditions of ESNG’s Gas of this filing are on file with the Commission and are available for public Commission.3 Tariff to reflect changes in ESNG’s Any person desiring to be heard or to jurisdictional rates. The sales rates set inspection. Linwood A. Watson, Jr., make any protest with reference to said forth herein reflect an increase of application should on or before April Acting Secretary. $0.3640 per dt in the Commodity 11, 1996, file with the Federal Energy Charge, as measured against ESNG’s [FR Doc. 96–8407 Filed 4–4–96; 8:45 am] Regulatory Commission, Washington, Out-Of-Cycle Quarterly Purchased Gas BILLING CODE 6717±01±M DC 20426, a motion to intervene or a Adjustment filing, Docket No. TQ96–4– protest in accordance with the 23–000, et. al., filed on January 30, 1996 [Docket No. CP96±255±000] requirements of the Commission’s Rules to be effective February 1, 1996. of Practice and Procedure (18 CFR The commodity current purchased gas Trunkline LNG Company; Notice of 385.214 or 385.211) and the Regulations cost adjustment reflects ESNG’s Application under the Natural Gas Act (18 CFR projected cost of gas for the month April 157.10). All protests filed with the 1996, and has been calculated using its April 1, 1996. Commission will be considered by it in best estimate on available gas supplies Take notice that on March 18, 1996, determining the appropriate action to be to meet ESNG’s anticipated purchase Trunkline LNG Company (TLNG), P.O. taken but will not serve to make the requirements. The increased gas costs in Box 1642, Houston, Texas 77251–1642, protestants parties to the proceeding. this filing are a result of higher prices filed in Docket No. CP96–255–000 an Any person wishing to become a party being paid to producers/suppliers under application pursuant to Section 7(b) of to a proceeding or to participate as a ESNG’s market-responsive gas supply the Natural Gas Act for permission and party in any hearing therein must file a contracts. approval to abandon a fractional interest motion to intervene in accordance with ESNG respectfully requests waiver of in two gas turbine power generators and the Commission’s Rules. the Commission’s thirty (30) day notice appurtenant facilities at its LNG Take further notice that, pursuant to requirement so as to permit it to place terminal at Lake Charles, Louisiana,1 by the authority contained in and subject to the subject rates into effect on April 1, transfer to PanEnergy Lake Charles the jurisdiction conferred upon the 1996, as proposed. ESNG is unable to Generation, Inc. (PELCG),2 all as more Federal Energy Regulatory Commission meet the thirty (30) day notice fully set forth in the application on file by Sections 7 and 15 of the Natural Gas requirements because normal with the Commission and open to Act and the Commission’s Rules of purchasing of gas supplies from public inspection. Practice and Procedure, a hearing will producers/suppliers are always TLNG proposes to abandon by be held without further notice before the negotiated five working days prior to the transfer to PELCG a 75% undivided Commission or its designee on this end of each month (for the next month’s ownership interest (representing a application if no motion to intervene is supply). The normal time frame to order nominal capacity of 24 megawatts) in filed within the time required herein, if gas supply for the next month does not the Commission on its own review of give ESNG any flexibility in order to 1 These power facilities are part of the LNG plant the matter finds that permission and facilities certificated by Federal Power Commission make a filing in time for the ‘‘notice order issued April 29, 1977 (58 FPC 726 (1977)). approval for the proposed abandonment requirement’’ when gas prices spike Also, see 58 FPC 2935 (1977). upward (from projected) as they have 2 PELCG is an associate company of TLNG. 3 PELCG filed in Docket Nos. EG96–50–000 and for the month of April 1996. The PELCG is an indirect, wholly-owned subsidiary of ER96–1335–000, respectively, for determination of Panhandle Eastern Corporation, doing business as exempt wholesale generator status and for blanket Commission’s waiver of the thirty (30) PanEnergy Corp. (PEC). TLNG is a wholly-owned authorization to sell at market-based rates the day notice requirement in the case of subsidiary of Texas Eastern Corporation, which is capacity and energy attributable to the portion of this instant filing would allow for a a wholly-owned subsidiary of PEC. the facilities to be acquired from TLNG. 15238 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices are required by the public convenience Commission to accept two Transmission 5. Texas Utilities Electric Company and necessity. If a motion for leave to Service Agreements which provide for [Docket No. ER96–1349–000] intervene is timely filed, or if the Limited and Interruptible Transmission Commission on its own motion believes Service to Valero Power Services Take notice that on March 20, 1996, that a formal hearing is required, further Company. Texas Utilities Electric Company (TU notice of such hearing will be duly Electric), tendered for filing one NSP requests that the Commission executed transmission service given. accept for filing the Transmission Under the procedure herein provided agreement (TSA) with Energy Transfer Service Agreements effective as of Group, L.L.C. under TU Electric’s Tariff for, unless otherwise advised, it will be February 19, 1996. NSP requests a unnecessary for TLNG to appear or be for Transmission Service To, From and waiver of the Commission’s notice represented at the hearing. Over Certain HVDC Interconnections. requirements pursuant to Part 35 so the Linwood A. Watson, Jr., Agreements may be accepted for filing TU Electric requests an effective date Acting Secretary. effective on the date requested. for the TSA that will permit it to [FR Doc. 96–8406 Filed 4–4–96; 8:45 am] become effective on or before the service Comment date: April 12, 1996, in BILLING CODE 6717±01±M commencement date under the TSA. accordance with Standard Paragraph E Accordingly, TU Electric seeks waiver at the end of this notice. of the Commission’s notice requirement. [Docket No. EG96±53±000, et al.] 3. Houston Lighting & Power Company Copies of the filing were served on Energy Transfer Group, L.L.C., as well Escuintla Operations, Inc., et al.; [Docket No. ER96–1347–000] as the Public Utility Commission of Electric Rate and Corporate Regulation Texas. Filings Take notice that on March 19, 1996, Houston Lighting & Power company Comment date: April 12, 1996, in March 29, 1996. (HL&P) tendered for filing an executed accordance with Standard Paragraph E Take notice that the following filings transmission service agreement (TSA) at the end of this notice. have been made with the Commission: with Energy Transfer Group, L.L.C. 6. Northern States Power Company 1. Escuintla Operations, Inc. (ETG) for Economy Energy and (Minnesota) and Northern States Power Emergency Power Transmission Service Company (Wisconsin) [Docket No. EG96–53–000] under HL&P’s FERC Electric Tariff, On March 21, 1996, Escuintla Original Volume No. 1, for [Docket No. ER96–1350–000] Operations, Inc., a corporation Transmission Service To, From and Take notice that on March 20, 1996, organized and existing under the laws of Over Certain HVDC Interconnection. Northern States Power Company— the State of Illinois, with its address at HL&P has requested an effective date of Minnesota (NSP–M) and Northern 1130 Lake Cook Road, Suite 300, Buffalo March 5, 1996. States Power Company—Wisconsin Grove, Illinois 60089 (the ‘‘Applicant’’), Copies of the filing were served on (NSP–W) jointly tendered and request filed with the Federal Energy Regulatory ETG and the Public Utility Commission the Commission to accept two Commission an application for of Texas. Transmission Service Agreements determination of exempt wholesale which provide for Limited and Comment date: April 12, 1996, in generator (‘‘EWG’’) status pursuant to Interruptible Transmission Service to accordance with Standard Paragraph E Part 365 of the Commission’s Delhi Energy Services Inc. at the end of this notice. regulations. NSP requests that the Commission The Applicant will be engaged 4. CSW Power Marketing, Inc. accept for filing the Transmission directly and exclusively in the business [Docket No. ER96–1348–000] Service Agreements effective as of of (A) operating an eligible facility February 23, 1996. NSP requests a located in Escuintla, Guatemala and (B) Take notice that on March 19, 1996, waiver of the Commission’s notice based on agency relationships with CSW Power Marketing, Inc. (Applicant), requirements pursuant to Part 35 so the facility owners, selling electric energy at filed with the Federal Energy Regulatory Agreements may be accepted for filing wholesale and retail. Commission an application for blanket effective on the date requested. The Escuintla Plant consists of a authorizations and for certain waivers of nominal 38 MW diesel generation Comment date: April 1, 1996, in the Commission’s regulations and its accordance with Standard Paragraph E facility utilizing heavy fuel oil as its FERC Electric Rate Schedule No. 1. primary fuel and light fuel oil as a at the end of this notice. Applicant has requested that its rate backup fuel. 7. Entergy Services, Inc. Comment date: April 15, 1996, in schedule be accepted for filing and accordance with Standard Paragraph E allowed to become effective as soon as [Docket No. ER96–1353–000] at the end of this notice. The possible but not later than the effective Take notice that on March 21, 1996, Commission will limit its consideration date assigned to the open access Entergy Services, Inc. (ESI), acting as of comments to those that concern the transmission tariffs filed by Applicant’s agent for Louisiana Power & Light adequacy or accuracy of the application. affiliate in Docket No. ER96–1046–000. Company (LP&L), submitted for filing Applicant is not currently in the 2. Northern States Power Company the Second Amendment to the Electric business of generating, transmitting or System Interconnection Agreement (Minnesota) and Northern States Power distribution electricity. Applicant Company (Wisconsin) between LP&L and the Town of Vidalia intends to engage in transactions in (Town) which, among other things, [Docket No. ER96–1346–000] which Applicant sells electricity at rates establishes a new point of Take notice that on March 19, 1996, and on terms and conditions that are interconnection thereunder. Entergy Northern States Power Company- negotiated with the purchasing party. Services request waiver of the Minnesota (NSP–M) and Northern Comment date: April 12, 1996, in Commission’s notice provisions to States Power Company-Wisconsin (NSP- accordance with Standard Paragraph E permit the Amendment to become W) jointly tendered and request the at the end of this notice. effective January 1, 1996. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15239

Comment date: April 12, 1996, in Practice and Procedure (18 CFR 385.211 From the standpoint of the accordance with Standard Paragraph E and 18 CFR 385.214). All such motions environmental analysis the changes are: at the end of this notice. or protests should be filed on or before • The deletion of four pipeline the comment date. Protests will be segments from the project, reducing the 8. Entergy Services, Inc. considered by the Commission in total miles of pipeline construction from [Docket No. ER96–1354–000] determining the appropriate action to be 53.8 miles to 19.8 miles: Take notice that on March 21, 1996, taken, but will not serve to make • The deletion of all new Entergy Services, Inc. (ESI), acting as protestants parties to the proceeding. compression requirements; and • agent for Gulf States Utilities Company Any person wishing to become a party The changes in pipeline routing of (Gulf States), submitted for filing a letter must file a motion to intervene. Copies the North Tahoe Loop. agreement between Gulf States and of this filing are on file with the In its present application Paiute wants Cajun Electric Power Cooperative, Inc. Commission and are available for public to expand the capacity of its facilities in (Cajun) for the installation of a second inspection. Nevada to transport an additional 69 kV breaker at Coly Substation. Cajun Linwood A. Watson, Jr., 12,788 million cubic feet of gas to has committed to a contribution-in-aid- Acting Secretary. Southwest Gas Corporation-Northern Nevada and Southwest Gas Corporation- of-construction in return for Gulf States [FR Doc. 96–8403 Filed 4–4–96; 8:45 am] Northern California (collectively, known installing the breaker. Entergy Services BILLING CODE 6717±01±P requests that the letter agreement as Southwest Gas). To accomplish this, Paiute seeks authority to: become effective as soon as possible but • in no event later than June 1, 1996. Construct and operate the North [Docket Nos. CP94±29±000, CP94±29±001 Tahoe Loop consisting of 11 miles of 16- Comment date: April 12, 1996, in and CP94±29-002] accordance with Standard Paragraph E inch-diameter pipeline in Washoe County and Carson City, Nevada; at the end of this notice. Paiute Pipeline Company; Notice of • Intent To Prepare an Environmental Construct and operate the Incline 9. Entergy Services, Inc. Assessment for the Proposed Paiute Village Loop consisting of 3.0 miles of [Docket No. ER96–1355–000] Pipeline Expansion II Project and 12-inch-diameter pipeline and 200 feet of 8-inch-diameter pipeline in Washoe Take notice that on March 21, 1996, Request for Comments on Environmental Issues County, Nevada; Entergy Services, Inc. (ESI), acting as • Construct and operate the South agent for Arkansas Power & Light April 1, 1996. Tahoe Loop consisting of 5.8 miles of Company (AP&L), submitted for filing 12-inch-diameter pipeline in Douglas the Twenty-fifth Amendment to the The staff of the Federal Energy Regulatory commission (FERC or County, Nevada; Power Coordination, Interchange and • Modify the California Check Meter Transmission Service Agreement Commission) will prepare an environmental assessment (EA) that will and Wadsworth Pressure Limiting between AP&L and Arkansas Electric Station, both located in Washoe County, Cooperative Corporation (AECC) which discuss environmental impacts of the construction and operation of facilities Nevada; and makes certain modifications to the • Relocate the South Tahoe Pressure delivery points set forth in Exhibit A to proposed in the Paiute Pipeline Expansion II Project.1 this EA will be Limiting Station located in Douglas the Agreement. Entergy Services County, Nevada. requests that the Amendment become used by the Commission in its decision- making process to determine whether an The general location of the project effective no later than June 1, 1996. facilities is shown in appendix 1.2 Comment date: April 12, 1996, in environmental impact statement is necessary and whether or not to approve In connection with Paiute’s proposal, accordance with Standard Paragraph E Southwest Gas plans to construct about at the end of this notice. the project. The U.S. Bureau of Land Management (BLM) and Lake Tahoe 18.5 miles of pipeline ranging from 6 to 10. Entergy Power, Inc. Basin Management Unit of the U.S. 12 inches in diameter along various parts of its existing pipeline system. The [Docket No. ER96–1356–000] Forest Service (LTBMU) will be cooperating agencies in the preparation facilities would extend from the Take notice that on March 21, 1996, of the EA. interconnection with Paiute’s facilities Entergy Power, Inc. (EPI), tendered for at the Nevada-California border in filing an Interchange Agreement with Summary of the Proposed Project Placer County, California to Truckee, City of Tallahassee. On October 18, 1994, the Federal California. Southwest Gas’ project is EPI requests an effective date for the Energy Regulatory Commission (FERC) under the jurisdiction of the California Interchange Agreement that is one (1) or Commission) issued a Notice of Public Utilities Commission (CPUC) and day after the date of filing, and Intent To Prepare a Draft Environmental is subject to the requirements of the respectfully requests waiver of the Assessment (EA) for the Paiute California Environmental Quality Act notice requirements specified in 35.11 Expansion II Project in docket No. (CEQA). The CPUC completed its CEQA of the Commission’s regulations. CP94–29–000. The purpose of the notice review of Southwest Gas’ project and Comment date: April 12, 1996, in was to request comments on approved the project on April 26, 1995. accordance with Standard Paragraph E environmental issues. We have made a decision to not at the end of this notice. On March 4, 1996, Paiute Pipeline address the impacts of the Standard Paragraph Company (Paiute) filed an amendment nonjurisdictional facilities planned by to its original application in Docket No. Southwest Gas because it would be E. Any person desiring to be heard or CP94–29–002 that represents a change to protest said filing should file a 2 in the scope of the Expansion II Project. The appendices referenced in this notice are not motion to intervene or protest with the being printed in the Federal Register. Copies are Federal Energy Regulatory Commission, available from the Commission’s Public Reference 1 Paiute Pipeline Company’s application was filed and files Maintenance Branch, Room 2A, 888 First 888 First Street, N.E., Washington, D.C. with the Commission under section 7 of the Natural Street, N.E., Washington, D.C. 20426, or call (202) 20426, in accordance with Rules 211 Gas Act and Part 157 of the Commission’s 208–1371. Copies of the appendices were sent to all and 214 of the Commission’s Rules of regulations. those receiving this notice in the mail. 15240 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices duplicative of the review conducted by local agencies, public interest groups, • Reference Docket Nos. CP94–29– the CPUC and the project has already interested individuals, affected 000 et al.; been approved. However, we will landowners, newspapers, libraries, and • Send a copy of your letter to: Ms. briefly describe their location and status the Commission’s official service list for Lauren O’Donnell, EA Project Manager, in the EA. these proceedings. We will consider all Federal Energy Regulatory Commission, comments on the EA before we 888 First Street NE., PR–11.1, Land Requirements for Construction recommend that the Commission Washington, DC 20426; and Construction of the proposed facilities approve or not approve the project. • Mail your comments so they will be would require about 101.3 acres of land. received in Washington, DC on or before Following construction, about 79.1 acres Currently Identified Environmental May 2, 1996. would be maintained as permanent Issues If you wish to receive a copy of the right-of-way, 94 percent of which is We have already identified several EA, you should request one from Ms. Paiute’s existing pipeline right-of-way. issues that we think deserve attention O’Donnell at the above address. Only 4.4 acres would be new permanent based on a preliminary review of the Becoming an Intervenor right-of-way. The remaining 22.2 acres proposed facilities and the would be restored and allowed to revert environmental information provided by In addition to involvement in the EA to its former use. No land disturbance Paiute. Keep in mind that this is a scoping process, you may want to would be associated with the preliminary list: become an official party to the modification of either the California • Construction within or adjacent to proceedings or an ‘‘intervenor’’. Among Check Meter or the Wadsworth Pressure roads could affect traffic flow and access other things, intervenors have the right Limiting Station. to businesses and residences. to receive copies of case-related Construction would occur within or Commission documents and filings by The EA Process adjacent to U.S. Route 50 for the North other intervenors. Likewise, each The National Environmental Policy Tahoe Loop; U.S. Route 395, State Route intervenor must provide copies of its Act (NEPA) requires the Commission to 57, State Route 206 for the South Tahoe filings to all other parties. If you want take into account the environmental Loop; and Sugarpine Drive, Knotty Pine to become an intervenor you must file impacts that could result from an action Drive, Silvertip Drive, Ponderosa a motion to intervene according to Rule whenever it considers the issuance of a Avenue, and State Route 28 for the 214 of the Commission’s Rules of Certificate of Public Convenience and Incline Village Loop. Practice and Procedure (18 CFR Necessity. NEPA also requires us to • The North Tahoe loop would cross 385.214) (see appendix 2). You do not discover and address concerns the 3.4 miles of land managed by the BLM, need intervenor status to have your public may have about proposals. We including a 0.7-mile-long crossing of scoping comments considered. call this ‘‘scoping’’. The Main goal of the Centennial Park. Additional information about the scoping process is to focus the analysis • The North Tahoe Loop would cross proposed project is available from Ms. in the EA on the important 1.0 mile of Washoe Lake Nevada State Lauren O’Donnell, EA Project Manager, environmental issues. By this Notice of Park. at (202) 208–0325. Intent, the Commission requests public • The North Tahoe Loop would cross Linwood A. Watson, Jr., comments on the scope of the issues it 0.4 mile of land managed by the U.S. Acting Secretary. will address in the EA. All comments Forest Service, Toiyabe National Forest. [FR Doc. 96–8450 Filed 4–4–96; 8:45 am] received are considered during the • Seven perennial streams would be BILLING CODE 6717±01±M preparation of the EZ. State and local crossed and a total of 0.2 acre of government representatives are wetland would be affected. • encouraged to notify their constituents About 56 residences would be Notice of Amendment of License of this proposed action and encourage within 50 feet of the proposed them to comment on their areas of construction rights-of-way. April 1, 1996. concern. The list of issues may be added to, Take notice that the following The EA will discuss impacts that subtracted from, or changed based on hydroelectric application has been filed could occur as a result of the your comments and our analysis. with the Commission and is available construction and operation of the Public Participation for public inspection. proposed project under these general a. Type of Application: Amendment headings: You can make a difference by sending of License. • Geology and soils. a letter addressing your specific b. Project No.: 1494–120. • Endangered and threatened species. comments or concerns about the project. c. Date Filed: March 12, 1996. • Water resources and fisheries. You should focus on the potential d. Applicant: Grand River Dam • Vegetation and wildlife. environmental effects of the proposal, Authority. • Public safety. alternatives to the proposal (including e. Name of Project: Pensacola Project. • Air quality and noise. alternative routes), and measures to f. Location: On the Grand (Neosho) • Wetland and riparian habitats. avoid or lessen environmental impact. River in Craig, Delaware, Mayes, and • Land use and visual resources. The more specific your comments, the Ottawa Counties, Oklahoma. • Cultural resources. more useful they will be. You do not g. Filed Pursuant to: Federal Power We will also evaluate possible need to re-submit comments if you have Act, 16 U.S.C. 791(a)–825(r). alternatives to the proposed project, or already done so. Please follow the h. Applicant Contact: Mr. Robert W. portions of the project, and make instructions below to ensure that your Sullivan, Assistant General Manager, recommendations on how to lessen or comments are received and properly Grand River Dam Authority, P.O. Box avoid impacts on the various resource recorded: 409, Vinita, OK 74301–0409, (918) 256– areas. • Address your letter to: Lois Cashell, 5545. Our independent analysis of the Secretary, Federal Energy Regulatory i. FERC Contact: Paul Shannon, (202) issues will be in the EA. The EA will Commission, 888 First Street NE., 219–2866. then be mailed to Federal, state, and Washington, DC 20426; j. Comment Date: May 20, 1996. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15241

k. Description of Amendment: Grand agency’s comments must also be sent to kilowatts (kW) and 480 kW; and (6) River Dam Authority requests the Applicant’s representatives. appurtenant facilities. The project authorization to replace the project’s six Linwood A. Watson, Jr., currently produces and average annual turbines that are over 50 years old and Acting Secretary. generation of 7,249,000 kilowatt-hours. refurbish the project’s generator [FR Doc. 96–8404 Filed 4–4–96; 8:45 am] m. Purpose of Project: Power equipment. The maximum hydraulic produced by the project would continue BILLING CODE 6717±01±M capacity of each turbine would increase to be distributed to Central Vermont from 2,020 cubic feet per second (cfs) to Public Service Corporation customers. 2,317 cfr (+14.7%). The turbine [Project Nos. 11475±000, et al.] n. This notice also consists of the nameplate capacity for each unit would following standard paragraphs: A4 and increase from 14,390 kW to 17,446 kW Hydroelectric Applications [Central D10. (+21.2%). The generator nameplate Vermont Public Service Corporation, et o. Available Location of Application: capacity for each unit would increase al.]; Notice of Application A copy of the application is available for from 14,400 kW to 22,500 kW (+56.3%). Take notice that the following inspection and reproduction at the The larger hydraulic capacity of the hydroelectric applications have been Commission’s Public Reference and turbines will allow the units to generate filed with the Commission and are Files Maintenance Branch, located at more power using flows that presently available for public inspection: 888 First Street, NE., Room 2A, pass through the spillway gates. 1 a. Type of Application: Original Washington, DC 20426, or by calling 1. This notice also consists of the License. (202) 208–1371. A copy is also available following standard paragraphs: B, C1, b. Project No.: 11475–000. for inspection and reproduction at the and D2. c. Date Filed: April 25, 1994. Central Vermont Public Service d. Applicant: Central Vermont Public Corporation, 77 Grove Street, Rutland, B. Comments, Protests, or Motions to Vt. 05701, or by calling (802) 747–5463. Intervene—Anyone may submit Service Corporation. comments, a protest, or a motion to e. Name of Project: Carver Falls 2 a. Type of Application: Minor intervene in accordance with the Project. License. requirements of Rules of Practice and f. Location: On the Poultney River in b. Project No.: P–11566–000. Procedure, 18 CFR 385.210, .211, .214. Washington County, New York and c. Date Filed: December 12, 1995. In determining the appropriate action to Rutland County, Vermont. d. Applicant: Consolidated Hydro take, the Commission will consider all g. Filed pursuant to: Federal Power Maine, Inc. protests or other comments filed, but Act, 16 U.S.C. 791(a). e. Name of Project: Damariscotta Mills only those who file a motion to h. Applicant Contact: Mr. Bruce Hydro Project. intervene in accordance with the Peacock, Central Vermont Public f. Location: On the Damariscotta River Commission’s Rules may become a Service Corporation, 77 Grove Street, in Lincoln County, near Newcastle, party to the proceeding. Any comments, Rutland, Vt. 05701, (802) 747–5463. Nobleboro, and Jefferson, Maine. protests, or motions to intervene must i. FERC Contact: Jim Haimes (202) g. Filed Pursuant to: Federal Power be received on or before the specified 219–2780. Act 16 U.S.C. §§ 791 (a)–825(r). comment date for the particular j. Deadline Date: See standard h. Applicant Contact: Mr. Wayne E. application. paragraph D10. Nelson, Consolidated Hydro Maine, k. Status of Environmental Analysis: Inc., Director of Environmental Affairs, C1. Filing and Service of Responsive This application has been accepted for Andover Business Park, 200 Bulfinch Documents—Any filings must bear in filing and is ready for environmental Drive, Andover, MA 01810, (508) 681– all capital letters the title analysis at this time. 1900. ‘‘COMMENTS’’, l. Description of Project: The existing, i. FERC Contact: Ed Lee (202) 219– ‘‘RECOMMENDATIONS FOR TERMS operating project consists of: (1) a 2809. AND CONDITIONS’’, ‘‘PROTEST’’, OR concrete and stone masonry dam, 514 j. Comment Date: May 20, 1996. ‘‘MOTION TO INTERVENE’’, as feet long, with a 325-foot-long spillway, k. Description of Project: applicable, and the Project Number of including (a) a 110-foot-long stone The existing project would consist of: the particular application to which the masonry, concrete capped section with (1) an existing concrete dam and intake filing refers. Any of the above-named 6 foot-high flashboards; (b) a 135-foot- structure; (2) an existing 4625-acre documents must be filed by providing long, concrete section with 1.5-foot-high reservoir; (3) a powerhouse containing a the original and the number of copies flashboards; and (c) an 80-foot-long single generating unit having an provided by the Commission’s concrete section; (2) a reservoir installed capacity of 460 kW; (4) a 100- regulations to: The Secretary, Federal extending 2,400 feet upstream with a 10 foot-long and 12.47–kV underground Energy Regulatory Commission, 888 acre surface area at the normal transmission line; and (5) appurtenant First Street, N.E., Washington, D.C. impoundment surface elevation of 233.3 facilities. The applicant estimates that 20426. A copy of any motion to feet United States Geological Survey the total average annual generation intervene must also be served upon each datum; (3) a 200-foot-long, 7-foot- would be 1,830 MWh for the project. All representative of the Applicant diameter, steel penstock that bifurcates lands and project works are owned by specified in the particular application. into two 132-foot-long steel penstocks, the applicant. D2. Agency comments—Federal, state, 4-feet and 5-feet in diameter, each with l. With this notice, we are initiating and local agencies are invited to file its own surge tank; (4) a concrete and consultation with the MAINE STATE comments on the described application. stone powerhouse, 88 feet long by 40 HISTORIC PRESERVATION OFFICER A copy of the application may be feet wide, containing two horizontal (SHPO), as required by § 106, National obtained by agencies directly from the turbines with hydraulic capacities of Historic Preservation Act, and the Applicant. If an agency does not file 162 cubic feet per second (cfs) and 92 regulations of the Advisory Council on comments within the time specified for cfs, operating with a net head of 112 Historic Preservation, 36 CFR 800.4. filing comments, it will be presumed to feet; (5) two horizontal shaft generators m. Pursuant to Section 4.32(b)(7) of 18 have no comments. One copy of an with nameplate capacities of 1,150 CFR of the Commission’s Regulations, if 15242 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices any resource agency, Indian Tribe, or j. Comment Date: May 13, 1996. the Commission, on or before the person believes that an additional k. Description of Proposed Action: specified deadline date for the scientific study should be conducted in The licensee requests Commission particular application, a competing order to form an adequate factual basis approval to grant a permit to Mr. Larry development application, or a notice of for a complete analysis of the Herrelson, d/b/a Patricia Island Estates intent to file such an application. application on its merit, the resource to excavate approximately 192,200 Submission of a timely notice of intent agency, Indian Tribe, or person must file cubic yards of material from the allows an interested person to file the a request for a study with the Pensacola Project’s reservoir (Grand competing development application no Commission not later than 60 days from Lake O’ The Cherokees). The later than 120 days after the specified the issuance date of this notice and application includes measures for deadline date for the particular serve a copy of the request on the mitigating temporary adverse impacts to application. Applications for applicant. fish resources. The proposed dredging preliminary permits will not be 3 a. Type of Application: Amendment activity is to lengthen and deepen coves accepted in response to this notice. of Shoreline Management Plan to provide boat access to project waters A4. Development Application— (Recreation Plan). as part of the development of a Public notice of the filing of the initial b. Project No.: 659–008. residential recreational area. If approved development application, which has c. Date Filed: November 27, 1995. the permit will authorize the excavation already been given, established the due d. Applicant: Crisp County Power of the site for the placement of nine boat date for filing competing applications or Commission. access facilities. notices of intent. Under the e. Name of Project: Lake Blackshear. l. This notice also consists of the Commission’s regulations, any f. Location: The project reservoir is following standard paragraphs: B, C1, competing development application located on the Flint River in Crisp, and D2. must be filed in response to and in Dooly, Lee, Sumter and Worth Counties, 5 a. Type of Application: Conduit compliance with public notice of the Georgia. Exemption. initial development application. No g. Filed pursuant to: Federal Power b. Project No.: 11564–000. competing applications or notices of Act, 16 U.S.C. § 791(a)–825(r). c. Date filed: November 29, 1995. intent may be filed in response to this h. Applicant Contact: Mr. Marcus d. Applicant: Robert Z. Walker and notice. Waters, Crisp County Power Harold Foster. A9. Notice of intent—A notice of Commission, P.O. Box 1218, Cordele, e. Name of Project: West Hill. intent must specify the exact name, GA 31010–1218, (912) 273–3820. f. Location: On Cold Springs, a business address, and telephone number i. FERC contact: John K. Hannula, tributary of Cold Creek, in Siskiyou of the prospective applicant, and must (202) 219–0116 County, California. Township 47N, include an unequivocal statement of j. Comment date: May 13, 1996. Range 4W, Section 18. intent to submit, if such an application k. Description of Application: Crisp g. Filed Pursuant to: Federal Power may be filed, either a preliminary County Power Commission proposes to Act 16 USC §§ 791(a)–825(r). permit application or a development amend its Shoreline Management Plan h. Applicant Contact: Mr. Robert Z. application (specify which type of (Exhibit R) to reclassify lands currently Walker, 11834 Ager Beswick Road, application). A notice of intent must be designated as U–1 (Predominantly Montague, CA 96064. served on the applicant(s) named in this Undeveloped) to D–1 (High Density i. FERC Contact: Michael Spencer at public notice. Development). This would allow an (202) 219–2846. B. Comments, Protests, or Motions to increase in private boat dock density j. Deadline Date for Protests, Intervene—Anyone may submit over what is presently authorized. An Interventions, Terms and Conditions: comments, a protest, or a motion to increased boat dock density is necessary May 16, 1996. intervene in accordance with the to accommodate residential k. Status of Environmental Analysis: requirements of Rules of Practice and development that has occurred outside This application is ready for Procedure, 18 CFR 385.210, .211, .214. the project boundary. environmental analysis at this time—see In determining the appropriate action to l. This notice also consists of the attached paragraph D4. take, the Commission will consider all following standard paragraphs: B, C1, l. Description of Project: The protests or other comments filed, but and D2. proposed project would consist of: (1) a only those who file a motion to 4 a. Type of Application: Request for bifurcation attached to the applicant’s intervene in accordance with the Commission Approval to Grant a Permit existing irrigation conduit; (2) a 1,500- Commission’s Rules may become a for Dredging on Project Lands. foot-long, 24-inch-diameter penstock; party to the proceeding. Any comments, b. Project No.: 1494–119. (3) a powerhouse containing four protests, or motions to intervene must c. Date Filed: March 8, 1996. generating units with a combined be received on or before the specified d. Applicant: Grand River Dam capacity of 100.4 Kw and an average comment date for the particular Authority (licensee). annual generation of 280.0 Mwh; and (4) application. e. Name of Project: Pensacola Project. a tailrace discharging into Cold Creek, C1. Filing and Service of Responsive f. Location: Near the Patricia Island consisting of two 15-inch-diameter PVC Documents—Any filings must bear in portion of Grand Lake O’ The pipes. all capital letters the title Cherokees, Delaware County, Afton, m. Purpose of Project: Project power ‘‘COMMENTS’’, Oklahoma. would be used by the applicant. ‘‘RECOMMENDATIONS FOR TERMS g. Filed Pursuant to: Federal Power n. This notice also consists of the AND CONDITIONS’’, ‘‘PROTEST’’, OR Act, 16 U.S.C. § 791(a)–825(r). following standard paragraphs: A2, A9, ‘‘MOTION TO INTERVENE’’, as h. Applicant Contact: Mr. Robert W. B, and D4. applicable, and the Project Number of Sullivan, Jr., Grand River Dam the particular application to which the Authority, P.O. Box 409, Drawer G, Standard Paragraphs filing refers. Any of the above-named Vinita, OK 74301, (918) 256–5545. A2. Development Application—Any documents must be filed by providing i. FERC Contact: Joseph C. Adamson, qualified applicant desiring to file a the original and the number of copies (202) 219–1040. competing application must submit to provided by the Commission’s Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15243 regulations to: The Secretary, Federal comments, recommendations, terms and the name, address, and telephone Energy Regulatory Commission, 888 conditions or prescriptions must set number of the person submitting the First Street, N.E., Washington, D.C. forth their evidentiary basis and filing; and (4) otherwise comply with 20426. A copy of any motion to otherwise comply with the requirements the requirements of 18 CFR 385.2001 intervene must also be served upon each of 18 CFR 4.34(b). Agencies may obtain through 385.2005. All comments, representative of the Applicant copies of the application directly from recommendations, terms and conditions specified in the particular application. the applicant. Any of these documents or prescriptions must set forth their D2. Agency Comments—Federal, must be filed by providing the original evidentiary basis and otherwise comply state, and local agencies are invited to and the number of copies required by with the requirements of 18 CFR 4.34(b). file comments on the described the Commission’s regulations to: The Agencies may obtain copies of the application. A copy of the application Secretary, Federal Energy Regulatory application directly from the applicant. may be obtained by agencies directly Commission, 888 First Street, N.E., Any of these documents must be filed from the Applicant. If an agency does Washington, D.C. 20426. An additional by providing the original and the not file comments within the time copy must be sent to Director, Division number of copies required by the specified for filing comments, it will be of Project Review, Office of Hydropower Commission’s regulations to: The presumed to have no comments. One Licensing, Federal Energy Regulatory Secretary, Federal Energy Regulatory copy of an agency’s comments must also Commission, at the above address. A Commission, 888 First Street, N.E., be sent to the Applicant’s copy of any protest or motion to Washington, D.C. 20426. An additional representatives. intervene must be served upon each copy must be sent to Director, Division D4. Filing and Service of Responsive representative of the applicant specified of Project Review, Office of Hydropower Documents—The application is ready in the particular application. A copy of Licensing, Federal Energy Regulatory for environmental analysis at this time, all other filings in reference to this Commission, at the above address. Each and the Commission is requesting application must be accompanied by filing must be accompanied by proof of comments, reply comments, proof of service on all persons listed in service on all persons listed on the recommendations, terms and the service list prepared by the service list prepared by the Commission conditions, and prescriptions. Commission in this proceeding, in in this proceeding, in accordance with The Commission directs, pursuant to accordance with 18 CFR 4.34(b) and 18 CFR 4.34(b), and 385.2010. section 4.34(b) of the regulations (see 385.2010. Dated: April 1, 1996. Order No. 533 issued May 8, 1991, 56 D10. Filing and Service of Responsive FR 23108, May 20, 1991) that all Documents—The application is ready Lois D. Cashell, comments, recommendations, terms and for environmental analysis at this time, Secretary. conditions and prescriptions concerning and the Commission is requesting [FR Doc. 96–8445 Filed 4–4–96; 8:45 am] the application be filed with the comments, reply comments, BILLING CODE 6717±01±P Commission within 60 days from the recommendations, terms and issuance date of this notice (May 16, conditions, and prescriptions. 1996 for Project No. 11564–000). All The Commission directs, pursuant to Sunshine Act Meeting reply comments must be filed with the section 4.34(b) of the regulations (see April 2, 1996. Commission within 105 days from the Order No. 533 issued May 8, 1991, 56 The following notice of meeting is date of this notice (July 1, 1996 for FR 23108, May 20, 1991) that all published pursuant to section 3(a) of the Project No. 11564–000). comments, recommendations, terms and Government in the Sunshine Act (Pub. Anyone may obtain an extension of conditions and prescriptions concerning L. No. 94–409), 5 U.S.C. 552B: time for these deadlines from the the application be filed with the AGENCY HOLDING MEETING: Commission only upon a showing of Commission within 60 days from the Federal good cause or extraordinary issuance date of this notice (May 17, Energy Regulatory Commission. circumstances in accordance with 18 1996 for Project No. 11475–000). All DATE AND TIME: April 9, 1996, 10:00 a.m. CFR 385.2008. reply comments must be filed with the PLACE: 888 First Street, N.E., Room 2C, All filings must (1) bear in all capital Commission within 105 days from the Washington D.C. 20426 letters the title ‘‘PROTEST’’, ‘‘MOTION date of this notice (July 1, 1996 for STATUS: Open. TO INTERVENE’’, ‘‘NOTICE OF Project No. 11475–000). INTENT TO FILE COMPETING Anyone may obtain an extension of MATTERS TO BE CONSIDERED: Agenda APPLICATION,’’ ‘‘COMPETING time for these deadlines from the *Note—Items listed on the agenda may APPLICATION,’’ ‘‘COMMENTS,’’ Commission only upon a showing of be deleted without further notice. ‘‘REPLY COMMENTS,’’ good cause or extraordinary CONTACT PERSON FOR MORE INFORMATION: ‘‘RECOMMENDATIONS,’’ ‘‘TERMS circumstances in accordance with 18 Lois D. Cashell, Secretary, Telephone AND CONDITIONS,’’ or CFR 385.2008. (202) 208–0400, for a recording listing ‘‘PRESCRIPTIONS;’’ (2) set forth in the All filings must (1) bear in all capital items stricken from or added to the heading the name of the applicant and letters the title ‘‘COMMENTS’’, ‘‘REPLY meeting, call (202) 208–1627. the project number of the application to COMMENTS’’, This is a list of matters to be which the filing responds; (3) furnish ‘‘RECOMMENDATIONS,’’ ‘‘TERMS considered by the Commission. It does the name, address, and telephone AND CONDITIONS,’’ or not include a listing of all papers number of the person protesting or ‘‘PRESCRIPTIONS;’’ (2) set forth in the relevant to the items on the agenda; intervening; and (4) otherwise comply heading the name of the applicant and However, all public documents may be with the requirements of 18 CFR the project number of the application to examined in the reference and 385.2001 through 385.2005. All which the filing responds; (3) furnish information center.

CONSENT AGENDAÐHYDRO 650TH MEETINGÐAPRIL 9, 1996, REGULAR MEETING (10:00 A.M.)

CAH±1. DOCKET# P±349 ...... 040 ALABAMA POWER COMPANY. 15244 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

CONSENT AGENDAÐHYDRO 650TH MEETINGÐAPRIL 9, 1996, REGULAR MEETING (10:00 A.M.)ÐContinued

CAH±2. DOCKET# EL94±7 ...... 001 YESTERYEAR POWER AND EQUIPMENT. CAH±3. OMITTED. CAH±4. DOCKET# P±2417 ...... 002 NORTHERN STATES POWER COMPANY. CAH±5. DOCKET# P±10867 ...... 002 HOLLIDAY HISTORIC RESTORATION ASSOCIATES. CAH±6. DOCKET# P±9085 ...... 013 RICHARD BALAGUR. OTHER #S P±9085 ...... 014 RICHARD BALAGUR. CAH±7. DOCKET# P±2142 ...... 017 CENTRAL MAINE POWER COMPANY.

CONSENT AGENDAÐELECTRIC

CAE±1. DOCKET# ER96±1046 ...... 000 CENTRAL POWER AND LIGHT COMPANY, WEST TEXAS UTILITIES COMPANY, PUBLIC SERVICE COMPANY OF OKLAHOMA, ET AL. CAE±2. OMITTED CAE±3. DOCKET# ER96±1090 ...... 000 MONTAUP ELECTRIC COMPANY. CAE±4. DOCKET# ER96±1125 ...... 000 SOUTHERN CALIFORNIA EDISON COMPANY. CAE±5. DOCKET# ER96±222 ...... 001 SOUTHERN CALIFORNIA EDISON COMPANY. CAE±6. DOCKET# ER95±835 ...... 000 YANKEE ATOMIC ELECTRIC COMPANY. CAE±7. DOCKET# ER95±1845 ...... 000 CENTRAL ILLINOIS LIGHT COMPANY. CAE±8. DOCKET# ER95±1139 ...... 000 CAROLINA POWER & LIGHT COMPANY. CAE±9. DOCKET# ER96±586 ...... 002 ENTERGY SERVICES, INC. OTHER#S ER95±112 ...... 007 ENTERGY SERVICES, INC. ER95±1001 ...... 001 ENTERGY SERVICES, INC. ER95±1615 ...... 002 ENTERGY POWER MARKETING CORPORATION. CAE±10. DOCKET# ER96±350 ...... 002 IDAHO POWER COMPANY. OTHER#S ER96±350 ...... 001 IDAHO POWER COMPANY.

CONSENT AGENDAÐGAS AND OIL

CAG±1. DOCKET# RP95±206 ...... 004 TENNESSEE GAS PIPELINE COMPANY. CAG±2. DOCKET# RP96±41 ...... 001 KERN RIVER GAS TRANSMISSION COMPANY. OTHER#S RP96±41 ...... 002 KERN RIVER GAS TRANSMISSION COMPANY. CAG±3. DOCKET# RP96±172 ...... 000 KOCH GATEWAY PIPELINE COMPANY. CAG±4. DOCKET# RP96±173 ...... 000 WILLIAMS NATURAL GAS COMPANY. OTHER#S RP89±183 ...... 060 WILLIAMS NATURAL GAS COMPANY. CAG±5. DOCKET# RP96±175 ...... 000 WILLIAMS NATURAL GAS COMPANY. CAG±6. DOCKET# CP88±391 ...... 018 TRANSCONTINENTAL GAS PIPE LINE CORPORATION. OTHER#S RP93±162 ...... 004 TRANSCONTINENTAL GAS PIPE LINE CORPORATION. CAG±7. DOCKET# PR95±18 ...... 000 DELHI GAS PIPELINE CORPORATION. CAG±8. DOCKET# RP95±182 ...... 003 ANR PIPELINE COMPANY. CAG±9. DOCKET# RP95±408 ...... 006 COLUMBIA GAS TRANSMISSION CORPORATION. CAG±10. DOCKET# RP95±408 ...... 007 COLUMBIA GAS TRANSMISSION CORPORATION. CAG±11. DOCKET# RP96±63 ...... 001 IROQUOIS GAS TRANSMISSION SYSTEM, L.P. CAG±12. DOCKET# RP96±145 ...... 000 WILLIAMS NATURAL GAS COMPANY. CAG±13. DOCKET# TM96±4±25 ...... 000 MISSISSIPPI RIVER TRANSMISSION CORPORATION. CAG±14. DOCKET# RP95±396 ...... 010 TENNESSEE GAS PIPELINE COMPANY. CAG±15. DOCKET# RP94±227 ...... 003 TRANSWESTERN PIPELINE COMPANY. CAG±16. DOCKET# IS96±8 ...... 001 MILNE POINT PIPE LINE COMPANY. CAG±17. DOCKET# RP93±172 ...... 009 PANHANDLE EASTERN PIPELINE COMPANY. CAG±18. OMITTED. CAG±19. DOCKET# RP95±166 ...... 001 PAN-ALBERTA GAS (U.S.) INC. V. PACIFIC GAS AND ELEC- TRIC COMPANY AND PACIFIC GAS TRANSMISSION COMPANY. CAG±20. OMITTED. CAG±21. OMITTED. CAG±22. DOCKET# RP89±224 ...... 013 SOUTHERN NATURAL GAS COMPANY. OTHER#S CP71±273 ...... 013 SOUTHERN NATURAL GAS COMPANY. CP95±289 ...... 001 SOUTHERN NATURAL GAS COMPANY. CP95±292 ...... 001 SOUTHERN NATURAL GAS COMPANY. RP89±203 ...... 009 SOUTHERN NATURAL GAS COMPANY. RP90±139 ...... 014 SOUTHERN NATURAL GAS COMPANY. RP91±69 ...... 005 SOUTHERN NATURAL GAS COMPANY. RP92±134 ...... 015 SOUTHERN NATURAL GAS COMPANY. RP93±15 ...... 011 SOUTHERN NATURAL GAS COMPANY. RP94±67 ...... 021 SOUTHERN NATURAL GAS COMPANY. RP94±133 ...... 008 SOUTHERN NATURAL GAS COMPANY. RP94±165 ...... 009 SOUTHERN NATURAL GAS COMPANY. RP94±264 ...... 008 SOUTHERN NATURAL GAS COMPANY. RP94±269 ...... 002 SOUTHERN NATURAL GAS COMPANY. RP94±307 ...... 003 SOUTHERN NATURAL GAS COMPANY. RP94±380 ...... 006 SOUTHERN NATURAL GAS COMPANY. RP94±429 ...... 004 SOUTHERN NATURAL GAS COMPANY. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15245

CONSENT AGENDAÐHYDRO 650TH MEETINGÐAPRIL 9, 1996, REGULAR MEETING (10:00 A.M.)ÐContinued

RP95±27 ...... 002 SOUTHERN NATURAL GAS COMPANY. RP95±29 ...... 004 SOUTHERN NATURAL GAS COMPANY. RP95±59 ...... 003 SOUTHERN NATURAL GAS COMPANY. RP95±67 ...... 002 SOUTHERN NATURAL GAS COMPANY. RP95±177 ...... 002 SOUTHERN NATURAL GAS COMPANY. RP95±209 ...... 001 SOUTHERN NATURAL GAS COMPANY. RP96±72 ...... 001 SOUTHERN NATURAL GAS COMPANY. RS92±10 ...... 016 SOUTHERN NATURAL GAS COMPANY. CAG±23. DOCKET# RM95±6 ...... 001 ALTERNATIVES TO TRADITIONAL COST-OF-SERVICE RATEMAKING FOR NATURAL GAS PIPELINES. OTHER#S RM96±7 ...... 001 REGULATION OF NEGOTIATED TRANSPORTATION SERV- ICES OF NATURAL GAS PIPELINES. CAG±24. DOCKET# RP95±182 ...... 004 ANR PIPELINE COMPANY. CAG±25. DOCKET# RP95±436 ...... 000 TRANSCONTINENTAL GAS PIPE LINE CORPORATION. CAG±26. DOCKET# OR96±1 ...... 000 EXXON PIPELINE COMPANY, MOBIL ALASKA PIPELINE COMPANY, PHILLIPS ALASKA PIPELINE CORPORATION, ET AL. OTHERS#S IS96±1 ...... 000 AMERADA HESS PIPELINE CORPORATION. IS96±2 ...... 000 ARCO TRANSPORTATION ALASKA, INC. IS96±3 ...... 000 BP PIPELINES (ALASKA), INC. IS96±4 ...... 000 EXXON PIPELINE COMPANY. IS96±5 ...... 000 MOBIL ALASKA PIPELINE COMPANY. IS96±6 ...... 000 PHILLIPS ALASKA PIPELINE CORPORATION. IS96±7 ...... 000 UNOCAL PIPELINE COMPANY. OR96±3 ...... 000 STATE OF ALASKA V. AMERADA HESS PIPELINE COR- PORATION OR96±4 ...... 000 STATE OF ALASKA V. ARCO TRANSPORTATION ALASKA, INC. OR96±5 ...... 000 STATE OF ALASKA V. BP PIPELINES (ALASKA), INC. OR96±6 ...... 000 STATE OF ALASKA V. EXXON PIPELINE COMPANY. OR96±7 ...... 000 STATE OF ALASKA V. MOBIL ALASKA PIPELINE COMPANY. OR96±8 ...... 000 STATE OF ALASKA V. PHILLIPS ALASKA PIPELINE COR- PORATION. OR96±9 ...... 000 STATE OF ALASKA V. UNOCAL PIPELINE COMPANY. CAG±27. DOCKET# OR95±9 ...... 000 COLONIAL PIPELINE COMPANY. CAG±28. DOCKET# RP94±51 ...... 000 SHELL WESTERN E&P INC. V. SOUTHERN CALIFORNIA GAS COMPANY. OTHER#S RP93±194 ...... 000 SOUTHERN CALIFORNIA UTILITY POWER POOL AND IM- PERIAL IRRIGATION DISTRICT V. SOUTHERN CALIFOR- NIA GAS CO. RP93±197 ...... 000 UNION PACIFIC FUELS, INC., ET AL. V. SOUTHERN CALI- FORNIA GAS COMPANY. CAG±29. DOCKET# MG96±7 ...... 000 OKTEX PIPELINE COMPANY. CAG±30. DOCKET# MG96±8 ...... 000 MICHIGAN GAS STORAGE COMPANY. CAG±31. DOCKET# MT96±3 ...... 000 TRANSCONTINENTAL GAS PIPE LINE CORPORATION. CAG±32. DOCKET# CP95±349 ...... 001 LOUISIANA GAS SYSTEM INC. AND CONOCO INC. V. PAN- HANDLE EASTERN CORPORATION AND CENTANA EN- ERGY CORP. ET AL. CAG±33. DOCKET# CP95±700 ...... 000 WILLIAMS NATURAL GAS COMPANY. CAG±34. DOCKET# CP95±739 ...... 000 WILLIAMS NATURAL GAS COMPANY. CAG±35. OMITTED. CAG±36. DOCKET# CP96±16 ...... 000 TRANSCONTINENTAL GAS PIPE LINE CORPORATION. CAG±37. DOCKET# CP95±12 ...... 000 WILLIAMS GAS PROCESSING-KANSAS HUGOTON COM- PANY. OTHER#S CP95±11 ...... 000 WILLIAMS NATURAL GAS COMPANY. CP95±11 ...... 001 WILLIAMS NATURAL GAS COMPANY. CP95±11 ...... 002 WILLIAMS NATURAL GAS COMPANY. CP95±11 ...... 003 WILLIAMS NATURAL GAS COMPANY. CP95±12 ...... 001 WILLIAMS GAS PROCESSING-KANSAS HUGOTON COM- PANY. CAG±38. DOCKET# CP95±705 ...... 000 SHELL OFFSHORE, INC. OTHER#S CP95±670 ...... 000 NATURAL GAS PIPELINE COMPANY OF AMERICA. CAG±39. DOCKET# CP95±639 ...... 000 SHELL OFFSHORE, INC. OTHER#S CP95±640 ...... 000 TRANSCONTINENTAL GAS PIPE LINE CORPORATION AND FLORIDA GAS TRANSMISSION COMPANY. CAG±40. DOCKET# RP92±137 ...... 033 TRANSCONTINENTAL GAS PIPE LINE CORPORATION. CAG±41. DOCKET# CP96±72 ...... 000 LEE 8 STORAGE PARTNERSHIP.

HYDRO AGENDA

H±1. RESERVED 15246 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

CONSENT AGENDAÐHYDRO 650TH MEETINGÐAPRIL 9, 1996, REGULAR MEETING (10:00 A.M.)ÐContinued

ELECTRIC AGENDA

E±1. RESERVED

OIL AND GAS AGENDA

I. PIPELINE RATE MATTERS. PR±1. OMITTED. II. PIPELINE CERTIFICATE MATTERS. PC±1. RESERVED.

Lois D. Cashell, transportation-related facilities that SPCC Plan will promote important spill- Secretary. could reasonably be expected to reducing measures, facilitate leak [FR Doc. 96–8602 Filed 4–3–96; 11:08 am] discharge oil into or upon the navigable detection, and generally ensure that the BILLING CODE 6717±01±P waters of the U.S. or adjoining facility is at peak capability for deterring shorelines, and that have: (1) A total discharges. The specific activities and underground buried storage capacity of reasons for the information collection ENVIRONMENTAL PROTECTION more than 42,000 gallons; or (2) A total are described below. aboveground oil storage capacity of AGENCY New Plan more than 1,320 gallons, or an [FRL±5453±6] aboveground oil storage capacity of Preparation of the Plan, required more than 660 gallons in a single under § 112.3, involves several tasks, Agency Information Collection container. mostly conducted by the facility’s Activities up for Renewal The specific private industry sectors technical personnel. These tasks expected to be affected by this action include: field investigations to AGENCY: Environmental Protection include: (1) large oil distribution (SIC understand facility design and possible Agency (EPA). 28/29/5171); (2) oil production (SIC failures and to predict the flow paths of ACTION: Notice. 131); (3) transportation and utilities (SIC spilled oil and the potential harm that 401/411/413/414/417/42/448/449/458/ the spilled oil would have on nearby SUMMARY: In compliance with the 46/491); (4) other manufacturing (SIC 20 navigable waters; a regulatory review to Paperwork Reduction Act (44 U.S.C. - 39); (5) small oil distribution/auto ensure that personnel are fully aware of 3501 et seq.), this notice announces that services (SIC 554/5983/751); (6) mining all requirements and limitations EPA is planning to submit the following and construction (SIC 12/14/15/16/17); imposed in the rule; an evaluation of the continuing Information Collection (7) commercial and institutional current spill prevention and control Request (ICR) to the Office of services (SIC 801/802/803/804/805/806/ practices employed by the facility; Management and Budget (OMB). Before 807/821/822/97); (8) food preparation of the Plan according to the submitting the ICR to OMB for review manufacturing (SIC 20); and (9) farming specifications of § 112.7; and and approval, EPA is soliciting (SIC 01/02). certification by a Registered Professional comments on specific aspects of the Engineer (P.E.). proposed information collection as Title described below. ‘‘Spill Prevention, Control, and Modification of Plan DATES: Comments must be submitted on Countermeasure (SPCC) Plans,’’ OMB Under § 112.5(a), the SPCC Plan must or before June 4, 1996. Control Number: 2050–0021. EPA be amended whenever there is a change ADDRESSES: Oil Program Center, 401 M Control Number: 328. Expiration Date: in the facility’s design, construction, Street SW (5203G), Washington, DC September 30, 1996. operation, and maintenance that materially affects the facility’s potential 20460. Materials relevant to this ICR Abstract may be inspected from 8:30 a.m. to 5:30 to discharge oil into navigable waters or p.m., Monday through Friday, by Under Section 311 of the Clean Water onto adjoining shorelines. The amended Act, EPA’s Oil Pollution Prevention visiting Public Docket No. SPCC–4, Plan must also be certified by a P.E. regulation requires facilities to prepare located at 1235 Jefferson Davis Highway and implement SPCC Plans to help Triennial Review (ground floor), Arlington, Virginia. A ‘‘minimize the potential for oil Under § 112.5(b) owners or operators reasonable fee may be charged for discharges.’’ This regulation is codified of regulated facilities must review and copying docket material. at 40 CFR Part 112. The SPCC Plan must evaluate the Plan at least once every FOR FURTHER INFORMATION CONTACT: be ‘‘a carefully thought-out plan, three years. This involves review of spill Kevin Mould, (703) 603–8728. Facsimile prepared in accordance with good prevention and control procedures number: (703) 603–9116. Electronic engineering practices.’’ Preparation of being implemented under the current address: [email protected]. the SPCC Plan requires that a facility’s Plan, as well as a regulatory review. Note that questions but not comments staff analyze how the facility will Facility owners/operators must amend will be accepted electronically. prevent oil discharges, thereby the SPCC Plan within six months of the SUPPLEMENTARY INFORMATION: encouraging appropriate facility design review to include more effective and operations. The information in the prevention and control technology if: (1) Affected Entities SPCC Plan also promotes efficient such technology will significantly The Oil Pollution Prevention response in the event of a discharge. reduce the likelihood of a spill event; regulation applies only to non- Finally, proper maintenance of the and (2) such technology has been field- Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15247 proven at the time of the review. If (iii) To implement the Plan according Agency to evaluate the effectiveness of amended, the Plan must also be certified to the specifications of § 112.7, the the SPCC program and to consider by a P.E. facility must meet certain design and appropriate revisions to regulatory operational standards that reduce the requirements. Also, survey data may Oil Discharge likelihood of an oil discharge; help to address important analytical Under § 112.4, in the event of certain (iv) Inspection records help facilities issues, such as the extent to which oil discharges, facility owner/operators to promote important maintenance, secondary containment systems (e.g., must submit information to the Regional facilitate leak detection, and dikes) prevent spills from reaching Administrator within 60 days. demonstrate compliance with the SPCC navigable waters.1 Discharges of oil that trigger the requirements; and As part of the Agency’s efforts to reporting requirements are: (1) a single (v) When facility staff review the Plan reduce the overall paperwork burden on spill event of more than 1,000 U.S. every three years, they ensure the regulated facilities, EPA would like to gallons into navigable waters; or (2) two implementation of more effective spill solicit comments on how the Agency or more spills (in a 12 month period) of prevention control technology. could best reduce the total paperwork harmful quantities as defined in 40 CFR Although the facility is the primary burden hours for this rule while Part 110. data user, EPA also uses the data in maintaining an effective level of Submitting a Plan after a discharge certain situations. EPA primarily uses environmental protection. involves time to collect the required SPCC plan data to ensure that facilities EPA would also like to solicit public information, as well as time for review comply with the regulation, including comments to: design and operation specifications and by management. The facility must also (i) Evaluate whether the proposed inspection requirements. EPA reviews submit a copy of this information to the collection of information is necessary SPCC Plans: (1) when facilities submit appropriate state agency in charge of for the proper performance of the the Plans because of oil discharges, and water pollution control activities. After functions of the Agency, including (2) as part of EPA’s inspection program. the Regional Administrator and the whether the information will have State and local governments also use the appropriate state agency have reviewed practical utility; data, which is not necessarily available the Plan, the Regional Administrator (ii) Evaluate the accuracy of the may require amendment of the SPCC elsewhere and can greatly assist local emergency preparedness planning Agency’s estimate of the burden of the Plan. The amended Plan must be proposed collection of information, certified by a P.E. prior to efforts. Coordination with state governments is facilitated when, after including the validity of the implementation. Facilities may appeal a methodology and assumptions used; decision made by the Regional certain spill events, a facility sends a copy of the SPCC Plan and additional (iii) Enhance the quality, utility, and Administrator requiring an amendment clarity of the information to be to an SPCC Plan. information on the spill to the relevant state agency. collected; and Recordkeeping EPA recognizes that additional data (iv) Minimize the burden of the would help to better demonstrate the collection of information on those who Under § 112.3, the facility owner/ effectiveness of the program and better are to respond, including through the operator must maintain a copy of the understand the nature of the threat of oil use of appropriate automated electronic, SPCC Plan at the facility, or under pollution posed by facilities regulated mechanical, or other technological certain circumstances, at the nearest under the SPCC program. As such, in collection techniques, or other forms of field office. The Plan must be available 1995 EPA surveyed a random sample of information technology, e.g., permitting for review during normal working potentially regulated facilities that electronic submission of responses. hours. In addition, facilities must represent the diverse range of facilities maintain (and update) records of Plan- Burden Statement that produce, use, or store oil products. specific inspections as outlined under EPA is currently analyzing the survey This notice first presents the § 112.7(e). results related to facility-specific estimated number of existing and new Purpose of Data Collection information, such as the size, type, and storage and production facilities location of the facility; the size, number regulated under the Oil Pollution EPA does not collect the information Prevention Regulation. Next, the required by the Oil Pollution Prevention and type of storage tanks; spill prevention systems; and the number estimated burden hours and costs to regulation (i.e., the SPCC Plan) on a facilities to perform required actions are routine basis. Preparation, and size of oil discharges. The survey results should provide presented. Finally, the estimated total implementation, and maintenance of the data to address a number of program annual burden hours and costs for all SPCC Plan by the facility help prevent issues, including: facilities to comply with the oil discharges, and mitigate the (i) The verification of general requirements of this regulation are environmental damage caused by such information about the regulated presented. The burden hours shown for discharges. Therefore, the primary user community, such as the number and each action represent the hours in both of the data is the facility itself. For type of facilities subject to the the existing ICR and the ICR renewal, example: regulation; and since the renewal of the request does (i) As facility staff accumulate the (ii) The estimation of the extent to not change the burden hours associated necessary data, they must analyze the which spills vary with characteristics of with each activity. Costs have been facility’s capability to prevent oil facilities. updated to December 31, 1995 dollars. discharges, facilitate safety awareness, The survey should provide data to and promote appropriate modifications characterize the difference in spill rates 1 See pages 3–3 to 3–5 of the ‘‘Regulatory Impact to facility design and operations; and volumes released from various Analysis of the Proposed Revisions to the Oil (ii) Because facility staff keep the categories of facilities. Pollution Prevention Regulation (40 CFR Part 112)’’ (Emergency Response Division, EPA, February required information in a single The results of this characterization, 1993) for a discussion about the quality of the oil document, they can respond efficiently combined with data on regulatory spill data provided by ERNS and the uncertainties in the event of a discharge; compliance costs, should help the in using these data. 15248 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

As of January 1996, approximately not include oil production). This (i) Small facility—a facility that has 459,000 existing facilities are assumed categorization of facilities reflects aboveground storage capacity greater to be regulated under the SPCC program differences in the estimated burden of than 1,320 gallons (or 660 gallons in a with approximately 4,590 new facilities compliance activities depending on the single container), but less than or equal joining the program in 1996. These nature of the facility’s operations. to 42,000 gallons; numbers are based on the previous ICR The current ICR assumes that storage (ii) Medium facility—a facility that estimate of 450,630 facilities. A one facilities make up 61 percent of small has total (aboveground or underground) percent annual growth rate in the facilities, 38 percent of medium storage capacity greater than 42,000 number of facilities is assumed.2 For facilities, and all large facilities, gallons but less than or equal to one purposes of this ICR, all facilities were production facilities make up 39 percent million gallons; and grouped into two distinct categories: of small facilities and 62 percent of (iii) Large facility—a facility that has production facilities (facilities whose medium facilities. The definitions of a total storage capacity greater than one operations and oil storage activities are small, medium, and large facility are million gallons. exclusively limited to oil production) based on oil storage capacity and are The estimated number of existing and and storage facilities (all other SPCC- defined as follows based on the new storage and production facilities in regulated facilities whose operations do Agency’s 1991 SPCC Facilities Study 3: 1996 are shown in Exhibits 1 and 2.

EXHIBIT 1.ÐESTIMATED NUMBER OF EXISTING FACILITIES

Small Medium Large Total

Storage ...... 227,749 30,909 4,791 263,449 Production ...... 145,272 50,691 0 195,963

Total ...... 373,021 81,600 4,791 459,412

EXHIBIT 2.ÐESTIMATED NUMBER OF NEW FACILITIES

Small Medium Large Total

Storage ...... 2,277 309 48 2,634 Production ...... 1,453 507 0 1,960

Total ...... 3,730 816 48 4,594

The facility cost estimates for each category of activities are based on hourly wage rates for managerial ($38.72), technical ($28.37), and clerical ($17.48) work. Each exhibit presents separate burden estimates for small, medium, and large storage and production facilities. Exhibits 3 through 8 summarize the estimated facility burden associated with performing each separate task associated with an SPCC Plan. Not all of the activities will be performed on an annual basis by all facilities.

New Plan Exhibit 3 presents the estimated burden and costs for a facility to perform the activities associated with preparing an SPCC Plan. All new facilities must prepare and implement an SPCC Plan.

EXHIBIT 3.ÐESTIMATED BURDEN HOURS AND COSTSÐPREPARATION OF NEW PLAN

Burden hours Burden Type of facility Managerial Technical Clerical hours Cost $38.72/hr. $28.37/hr. $17.48/hr.

Storage: Small ...... 6.0 25.0 4.0 35.0 $1,012 Medium ...... 6.0 44.0 6.0 56.0 1,586 Large ...... 6.0 76.0 8.0 90.0 2,528 Production: Small ...... 6.0 28.0 4.0 38.0 1,097 Medium ...... 6.0 46.0 6.0 58.0 1,642 Large ...... 6.0 77.0 8.0 90.0 2,557

Modification of Plan Exhibit 4 presents the burden hours and costs for a facility to revise an SPCC Plan after any modification that materially affects the facility’s potential to discharge oil into navigable waters. An estimated ten percent of facilities will need to modify their SPCC Plans each year.

2 ‘‘Renewal of Information Collection Request for 3 ‘‘SPCC Facilities Study,’’ January 1991. the Oil Pollution Prevention Regulation (40 CFR Part 112),’’ 1994. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15249

EXHIBIT 4.ÐESTIMATED ANNUAL BURDEN HOURS AND COSTSÐMODIFICATION OF PLAN

Burden hours Burden Type of facility Managerial Technical Clerical hours Cost $38.72/hr. $28.37/hr. $17.48/hr.

Storage: Small ...... 0.0 4.5 1.0 5.5 $145 Medium ...... 0.0 4.5 1.0 5.5 145 Large ...... 0.0 4.5 1.0 5.5 145 Production: Small ...... 0.0 4.5 1.0 5.5 145 Medium ...... 0.0 4.5 1.0 5.5 145 Large ...... 0.0 4.5 1.0 5.5 145

Triennial Review Exhibits 5 and 6 present the estimated burden hours and costs for a facility to complete a triennial review, with and without amendment. As a result of the review process, the facility may need to amend its Plan, incurring additional costs. Annual burdens and costs per facility are one-third of the values in Exhibits 5 and 6. An estimated three percent of all existing facilities will need to amend their Plans each year.

EXHIBIT 5.ÐESTIMATED BURDEN HOURS AND COSTSÐTRIENNIAL REVIEWÐNO AMENDMENT

Burden hours Burden Type of facility Managerial Technical Clerical hours Cost $38.72/hr. $28.37/hr. $17.48/hr.

Storage: Small ...... 1.0 2.5 0.5 4.0 $118 Medium ...... 1.0 4.5 1.0 6.5 184 Large ...... 1.0 9.0 1.0 10.0 283 Production: Small ...... 1.0 3.5 0.5 5.0 147 Medium ...... 1.0 5.5 1.0 7.5 212 Large ...... 1.0 8.0 1.0 11.0 312

EXHIBIT 6.ÐESTIMATED BURDEN HOURS AND COSTSÐTRIENNIAL REVIEWÐAMENDMENT

Burden hours Burden Type of facility Managerial Technical Clerical hours Cost $38.72/hr. $28.37/hr. $17.48/hr.

Storage: Small ...... 1.0 7.0 2.0 10.0 $272 Medium ...... 1.0 9.0 2.0 12.0 329 Large ...... 1.0 12.5 2.0 15.5 428 Production: Small ...... 1.0 8.0 2.0 11.0 301 Medium ...... 1.0 10.0 2.0 13.0 357 Large ...... 1.0 13.5 2.0 16.5 457

Oil Discharge Exhibit 7 presents estimated burden hours and costs for a facility to submit information to the Regional Administrator in the event of certain discharges of oil into navigable waters. It is assumed that the probability of a facility having such a spill in any given year is 0.15 percent.

EXHIBIT 7.ÐESTIMATED BURDEN HOURS AND COSTSÐOIL DISCHARGE

Burden hours Burden Type of facility Managerial Technical Clerical hours Cost $38.72/hr. $28.37/hr. $17.48/hr.

Storage: Small ...... 1.0 1.0 0.0 2.0 $67 Medium ...... 1.0 1.0 0.0 2.0 67 Large ...... 1.0 1.0 0.0 2.0 67 Production: Small ...... 1.0 1.0 0.0 2.0 67 Medium ...... 1.0 1.0 0.0 2.0 67 15250 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

EXHIBIT 7.ÐESTIMATED BURDEN HOURS AND COSTSÐOIL DISCHARGEÐContinued

Burden hours Burden Type of facility Managerial Technical Clerical hours Cost $38.72/hr. $28.37/hr. $17.48/hr.

Large ...... 1.0 1.0 0.0 2.0 67

Recordkeeping Exhibit 8 presents the burden hours and costs for a facility to perform Plan maintenance and Plan-specific record- keeping activities. All regulated facilities are subject to these requirements.

EXHIBIT 8.ÐESTIMATED BURDEN HOURS AND COSTSÐRECORDKEEPING

Burden hours Burden Type of facility Managerial Technical Clerical hours Cost $38.72/hr. $28.37/hr. $17.48/hr.

Storage: Small ...... 0.0 2.0 0.5 2.5 $65 Medium ...... 0.0 4.5 0.5 5.0 136 Large ...... 0.0 9.5 0.5 10.0 278 Production: Small ...... 0.0 3.0 0.5 3.5 94 Medium ...... 0.0 3.0 0.5 3.5 94 Large ...... 0.0 3.0 0.5 3.5 94

Annual Expected Facility Burden The total annual burden per facility reflects the sum of the annual burdens incurred by the facility for each category of activities outlined above. The estimated annual burden for an existing facility is shown in Exhibit 9. Exhibit 10 presents the estimated annual burden for a new facility.

EXHIBIT 9.ÐESTIMATED BURDEN HOURS AND COSTS PER FACILITYÐEXISTING FACILITIES

Annual burden hours Total bur- Type of facility Managerial Technical Clerical den hours Annual cost $38.72/hr. $28.37/hr. $17.48/hr.

Storage: Small ...... 0.3 3.3 0.8 4.4 $121 Medium ...... 0.3 6.5 0.9 7.7 214 Large ...... 0.3 12.7 0.9 13.9 389 Production: Small ...... 0.3 4.7 0.8 5.8 159 Medium ...... 0.3 5.3 0.9 6.5 181 Large ...... 0.3 6.5 0.9 7.7 214

EXHIBIT 10.ÐESTIMATED ANNUAL BURDEN HOURS AND COSTS PER FACILITYÐNEW FACILITIES

Annual burden hours Total bur- Type of facility Managerial Technical Clerical den hours Annual cost $38.72/hr $28.37/hr $17.48/hr

Storage: Small ...... 6.0 27.5 4.6 38.1 $1,092 Medium ...... 6.0 49.0 6.6 61.6 1,737 Large ...... 6.0 86.0 8.6 100.6 2,821 Production: Small ...... 6.0 31.5 4.6 42.1 1,205 Medium ...... 6.0 49.5 6.6 62.1 1,751 Large ...... 6.0 80.5 8.6 95.1 2,665

Total Annual Expected Facility Burdens The total annual burdens for all existing facilities and all new facilities are shown in Exhibits 11 and 12. The approximately 459,000 existing facilities will incur a combined burden of about 2.5 million hours and $68 million. In addition, around 4,590 new facilities will incur a combined burden of 207,000 hours and $5.8 million. The total annual reporting and recordkeeping burden to the regulated community as a result of the SPCC Program is estimated to be approximately 2.7 million hours at a cost of about $74 million. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15251

EXHIBIT 11.ÐESTIMATED ANNUAL BURDEN HOURS AND COSTSÐALL EXISTING FACILITIES

Annual burden hours Type of facility Total bur- Annual cost Managerial Technical Clerical den hours

Storage: Small ...... 75,157 758,404 17,644 1,013,485 $27,581,027 Medium ...... 10,200 200,909 29,054 240,163 6,607,489 Large ...... 1,581 60,654 4,504 66,739 1,862,563 Production: Small ...... 47,940 676,968 113,312 838,220 23,088,383 Medium ...... 16,728 270,183 47,650 334,561 9,158,414 Large ...... 0 0 0 0 0

Total ...... 151,606 1,967,118 212,164 2,493,168 68,297,876

EXHIBIT 12.ÐESTIMATED ANNUAL BURDEN HOURS AND COSTSÐALL NEW FACILITIES

Annual burden hours Type of facility Total bur- Annual cost Managerial Technical Clerical den hours

Storage: Small ...... 13,662 62,504 10,474 86,640 $2,486,233 Medium ...... 1,854 15,126 2,039 19,019 536,768 Large ...... 288 4,126 413 4,827 135,181 Production: Small ...... 8,718 45,697 6,684 61,099 1,750,741 Medium ...... 3,042 25,071 3,346 31,459 887,491 Large ...... 0 0 0 0 0

Total ...... 27,564 152,524 22,956 203,044 5,796,414

No person is required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations are displayed at 40 CFR Part 9. Send comments regarding these matters, or any other aspects of the information collection, including suggestions for reducing the burden, to the address listed above under ADDRESSES near the top of this Notice.

Dated: April 1, 1996. proposal. The review may have EU—Environmentally Unsatisfactory Elaine F. Davies, disclosed opportunities for application The EPA review has identified Acting Director, Office of Emergency and of mitigation measures that could be adverse environmental impacts that are Remedial Response. accomplished with no more than minor of sufficient magnitude that they are [FR Doc. 96–8481 Filed 4–4–96; 8:45 am] changes to the proposal. unsatisfactory from the standpoint of BILLING CODE 6560±50±P EC—Environmental Concerns public health or welfare or environmental quality. EPA intends to EPA review has identified work with the lead agency to reduce [ER±FRL±5415±3] environmental impacts that should be these impacts. If the potentially avoided in order to fully protect the unsatisfactory impacts are not corrected Environmental Impact Statements and environment. Corrective measures may at the final EIS stage, this proposal will Regulations; Availability of EPA require changes to the preferred be recommended for referral to the CEQ. Comments alternative or application of mitigation Adequacy of the Impact Statement Availability of EPA comments measures that can reduce the prepared March 18, 1996 Through environmental impact. EPA would like Category 1—Adequate March 22, 1996 pursuant to the to work with the lead agency to reduce EPA believes the draft EIS adequately Environmental Review Process (ERP), these impacts. sets forth the environmental impact(s) of under Section 309 of the Clean Air Act EO—Environmental Objections the preferred alternative and those of and Section 102(2)(c) of the National the alternatives reasonably available to Environmental Policy Act as amended. The EPA review has identified the project or action. No further analysis Requests for copies of EPA comments significant environmental impacts that or data collection is necessary, but the can be directed to the Office of Federal must be avoided in order to provide reviewer may suggest the addition of Activities at (202) 564–7167. adequate protection for the clarifying language or information. environment. Corrective measures may Summary of Rating Definitions require substantial changes to the Category 2—Insufficient Information Environmental Impact of the Action preferred alternative or consideration of The draft EIS does not contain some other project alternative sufficient information for EPA to fully LO—Lack of Objections (including the no action alternative or a assess environmental impacts that The EPA review has not identified new alternative). EPA intends to work should be avoided in order to fully any potential environmental impacts with the lead agency to reduce these protect the environmment, or the EPA requiring substantive changes to the impacts. reviewer has identified new reasonably 15252 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices available alternatives that are within the habitat approach, incorporation of Dated: April 2, 1996. spectrum of alternatives analyzed in the proactive measures to minimize adverse B. Katherine Biggs, draft EIS, which could reduce the impacts on habitat approved for Associate Director, NEPA Compliance environmental impacts of the action. conversions, the commitment to Division, Office of Federal Activities. The identified additional information, adaptive management and emphasis on [FR Doc. 96–8484 Filed 4–4–96; 8:45 am] data, analyses, or discussion should be incorporating nearly all major BILLING CODE 6560±50±P included in the final EIS. stakeholders in protecting the diverse Category 3—Inadequate ecosystems present in the plan area. ERP No. D–USN–11021–PA Rating [ER±FRL±5415±2] EPA does not believe that the draft EC2, Philadelphia Naval Base, Disposal EIS adequately assesses potentially Environmental Impact Statements; and Reuse, Implementation, Notice of Availability significant environmental impacts of the Philadelphia, PA. action, or the EPA reviewer has Summary: EPA expressed RESPONSIBLE AGENCY: Office of Federal identified new, reasonably available environmental concerns regarding Activities, General Information (202) alternatives that are outside of the potential wetland impacts, site 564–7167 OR (202) 564–7153. spectrum of alternatives analyzed in the contamination and remedial action. EPA Weekly receipt of Environmental draft EIS, which should be analyzed in requested that these issues be discussed Impact Statements Filed March 25, 1996 order to reduce the potentially in more detail in the final EIS. Through March 29, 1996 Pursuant to 40 significant environmental impacts. EPA ERP No. DS–NOA–E91007–00 Rating CFR 1506.9. believes that the identified additional LO, South Atlantic Region Shrimp EIS No. 960137, Draft EIS, AFS, MT, information, data, analyses, or Fishery Management Plan, discussions are of such a magnitude that Sheep Range and China Basin Salvage Implementation, Additional Project, Implementation, Kootenai they should have full public review at Information, Amendment 2 (Bycatch a draft stage. EPA does not believe that National Forest, Libby Ranger District, Reduction), Exclusive Economic Zone Lincoln County, MT, Due: May 20, the draft EIS is adequate for the (EEZ), NC, SC, FL and GA. purposes of the NEPA and/or Section 1996, Contact: Leanne Martin (406) Summary: EPA had no objections to 309 review, and thus should be formally 293–6211. the proposed actions, but stressed the revised and made available for public EIS No. 960138, Draft EIS, FAA, HI, need to research Bycatch Reduction comment in a supplemental or revised Kahului Airport Master Plan Devices that will increase the catch-per- draft EIS. On the basis of the potential Improvements, Implementation, unit effort for shrimp and achieve significant impacts involved, this Funding and Approval of Permits, bycatch reductions. proposal could be a candidate for Kahului, Maui County, HI, Due: May referral to the CEQ. Final EISs 23, 1996, Contact: David J. Welhouse (808) 541–1243. Draft EISs ERP No. F–BLM–K08018–CA, Alturas EIS No. 960139, Final EIS, FHW, WI, US ERP No. D–NOA–E64016–FL Rating 345 Kilovolt (KV) Electric Power 151/Fond du Lac Bypass LO, Florida Keys National Marine Transmission Line Project, Construction, US 151 and CTH ‘‘D’’ to Sanctuary Comprehensive Management Construction, Operation and US 151 and WI–149, Funding, Fond Plan, Implementation and Special-Use- Maintenance, Right-of-Way Grant du Lac County, WI, Due: May 06, Permit, Monroe County, FL. Approval, Special-Use-Permit and COE 1996, Contact: Richard C. Madrzak Summary: EPA had no objections to Section 404 Permit, Susanville District, (608) 829–7510. the proposed project. Furthermore, EPA Modoc, Lassen and Sierra Counties, CA EIS No. 960140, Final EIS, BLM, MT, believed that the Florida Keys and Washoe County, NV. Zortman and Landusky Mines Management Plan/EIS is a well- Summary: EPA continued to express Reclamation Plan Modifications and conceived comprehensive blueprint for environmental concerns about increased Mine Life Extensions, Approval of saving the fragile coral reef ecosystem voltages in existing power lines near Mine Operation, Mine Reclamation that is threatened by unsustainable residential areas and EPA suggested that and COE Section 404 Permits, Little human activities. information to address this should be Rocky Mountains, Phillip County, ERP No. D–SFW–K99028–CA Rating included in the Record of Decision. MT, Due: May 06, 1996, Contact: Scott EC2, Programmatic EIS—Natural ERP No. F–DOE–A00168–00, Nuclear Haight (406) 538–7461. Community Conservation Plan/Habitat Weapons Nonproliferation Policy EIS No. 960141, Final EIS, AFS, CO, UT, Conservation Plan, Implementation and Concerning Foreign Research Reactor Steamboat Ski Area Expansion, Associated Incidental Take Permit Spent Nuclear Fuel, Implementation, Implementation, Medicine Bow-Routt Issuance, Central and Coastal Subregion, United States and Abroad. National Forest, Mt. Weiner, Special- Orange County, CA. Summary: EPA had no objections to Use-Permit and COE Section 404 Summary: EPA had environmental the proposed project. Permit, Routt County, CO, Due: May concerns with the scarce information ERP No. F–FHW–L40191–AK, 06, 1996, Contact: Wendy Schmitzer provided in the joint programmatic EIS Whittier Access Project, Construction (970) 879–1870. on the role of this NCCP/HCP in the between Port of Whittier and Seward EIS No. 960142, Draft EIS, NPS, NB, overall NCCP effort and regional species Highway, Funding, Right-of-Way Niobrara National Scenic River, population viability; potential effects on Agreement and COE Section 10 and 404 General Management Plan, Niobrara/ water quality, aquatic resources and air Permits, Chugauch National Forest, Missouri National Scenic Riverways, quality; adequate and sound science; Municipality of Anchorage, City of Implementation, Brown, Cherry, Keya subsequent environmental reviews; Whittier, AK. Paha and Rock Counties, NB, Due: funding and administration of the Summary: EPA provided no formal May 20, 1996, Contact: Warren Hill proposed plan and environmental written comments to the preparing (402) 336–3970. justice issues. EPA commended the US agency. EPA had no objection to the EIS No. 960143, Draft EIS, FHW, TN, Fish and Wildlife Service and project preferred alternative as described in the Shelby Avenue/Demonbreum Street proponents for the multi-species/multi- final EIS. Corridor, from I–65 North to I–40 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15253

West in Downtown Nashville, [ER±FRL±5415±1] Highway 308, Napoleonville, LA Funding, U.S. Coast Guard Permit and 70390. COE Section 404 Permit, Davidson Bayou Lafourche Sipho Fresh Water Thursday, May 2, 1996, City Hall, 609 Diversion Restoration Project, County, TN, Due: May 20, 1996, Railroad Avenue, Donaldsonville, LA Louisiana Contact: Dennis C. Cook (615) 736– 70346. 5394. AGENCY: U.S. Environmental Protection Thursday, May 9, 1996, Thibodaux High School Auditorium, 1355 Tiger Drive, EIS No. 960144, Draft EIS, SFW, WA, Agency (EPA). Thibodaux, LA 70301. Washington State Department of Notice of Intent to conduct public Natural Resources (WDNR) Habitat scoping meetings associated with the All meetings will begin at 6:30 p.m. Conservation Plan (HCP), Issuance of planning and evaluation of the Bayou on the night designated. Additional information on the project and schedule a Permit for Incidental Take of Lafourche Siphon Fresh Water Diversion Restoration Project in will be provided at the meetings. For Federally-Listed Species and Louisiana. The Bayou Lafourche Siphon scoping comments or additional Implementation of the Multi-Species Project is authorized under the Coastal information contact: Mr. Norm Thomas, Plan for Lands Managed by WDNR, Wetlands Planning, Protection and Technical Committee CWPPRA, EPA WA, Due: June 04, 1996, Contact: Restoration Act (CWPPRA) PL 101 Water Quality Field Office, Suite 173, William Vogel (360) 534–9330. (646). 777 Florida St., Baton Rouge, Louisiana The US Department of Interior’s, Fish PURPOSE: To meet the National 70801, Telephone: (504) 389–0736, and Wildlife Service and US Environmental Policy Act (NEPA) and FAX: (504) 389–0704. For planning Department of Commerce (DOC) are CWPPRA requirements for purposes and defining the scope of the Joint Lead Agencies for this project. consideration of environmental impacts, project and evaluation, please provide Contact Person for (DOC) is Steven W. benefits and costs associated with your comments by May 31, 1996. Landino (360) 534–9330. diversion of freshwater and sediments Dated: April 2, 1996. from the Mississippi River to the Bayou Richard E. Sanderson, EIS No. 960145, Draft EIS, DOE, TX, Lafourche at Donaldsonville, Louisiana, Director, Office of Federal Activities. Pantex Plant Continued Operation and into coastal wetland areas. and Associated Storage of Nuclear [FR Doc. 96–8483 Filed 4-4–96; 8:45 am] SUMMARY: The CWPPRA requires BILLING CODE 6560-50-P Weapon Components, selection of projects on an annual basis Implementation, Approvals and for implementation to benefit, protect Permits Issuance, Carson County, TX, and restore coastal wetlands. On [FRL±5453±8] Due: July 05, 1996, Contact: Nanette February 28, 1996, the CWPPRA Task D. Founds (505) 845–4212. Force administering the responsibilities EPA's Drinking Water Health Advisory EIS No. 960146, Draft EIS, USN, CA, of CWPPRA, designated the Bayou Program Naval Station Long Beach Disposal Lafourche Siphon Project to the fifth AGENCY: Environmental Protection and Reuse, Implementation, COE priority project list submitted to Agency (EPA). Section 10 and 404 Permits Issuance Congress, with the added requirement to and Possible NPDES Permit Issuance, conduct engineering, design and ACTION: Announcement of a stakeholder meeting on the Drinking Water Health Los Angeles County, CA, Due: May evaluation as a first phase. The project Advisory Program. 20, 1996, Contact: Jo Ellen Anderson is estimated to significantly benefit wetlands by providing freshwater, (619) 532–3912. SUMMARY: sediments and nutrients to degraded The U.S. Environmental EIS No. 960147, Final EIS, TVA, TN, areas. This project is to be implemented Protection Agency (EPA) has scheduled Upper Tennessee River Navigation as a partnership between the EPA, the a one-day public meeting on EPA’s Improvement Project, Rehabilitation State of Louisiana, Department of Drinking Water Health Advisory and/or Construction, Chickamauga Natural Resources and the Bayou Program. The purpose of this meeting is Dam—Navigation Lock Structural Lafourche Fresh Water District. to have a dialogue with stakeholders and the public at large on the future of Improvement Alternative, Funding, ALTERNATIVES: EPA may upon NPDES Permit, Coast Guard Bridge EPA’s Drinking Water Health Advisory completion of the first phase proceed Program. This program is non-regulatory Permit and COE Section 404 Permits, with implementation of the second and Tennessee River, Hamilton County, and is designed to provide guidance to third phases for construction and individuals and government officials on TN, Due: May 06, 1996, Contact: W. monitoring or may determine not to the health effects of drinking water Gary Brock (423) 632–8877. proceed with the project. contaminants. The upcoming meeting is EIS No. 960148, Final EIS, BLM, WY, SCOPING MEETINGS: EPA will hold a a continuation of a series of meetings Green River Resource Area Land and series of public meetings to receive with stakeholders that started in 1995 to Resource Management Plan, input from the public on environmental, obtain input on the Agency’s Drinking Implementation, Rock Springs socio-economic, and engineering issues Water Program. These meetings were District, Sweetwater, Fremont, Uinta, and concerns. EPA is seeking initiated as part of the Drinking Water Sublette and Lincoln Counties, WY, information and identification of Program Redirection efforts to help Due: May 06, 1996, Contact:Joe Patty impacts both adverse and beneficial on refocus EPA’s drinking water priorities (307) 775–6101. the project. The meetings will be held and to take a risk-based approach in the on the following days and locations: allocation of program resources. Thus, Dated: April 2, 1996. Tuesday, April 30, 1996, Larose-Cut Off the Agency seeks to ensure that the B. Katherine Biggs, Junior High School Auditorium, highest priority chemicals are targeted Associate Director, NEPA Compliance 13356 West Main Street, Larose, LA for public health protection. At the Division, Office of Federal Activities. 70373. upcoming meeting, EPA is seeking input [FR Doc. 96–8485 Filed 4–4–96; 8:45 am] Wednesday, May 1, 1996, Assumption from stakeholders on a number of issues BILLING CODE 6560±50±P High School Auditorium, 4880 related to the Health Advisory Program 15254 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices as a first step in the assessment of this nature of the adverse health effects (6) How should the agency prioritize program’s effectiveness. associated with the contaminant and the chemicals for the health advisory DATES: The stakeholder meeting on the concentrations of the contaminant that program in the future? Drinking Water Health Advisory would not be anticipated to cause an (7) Is the present format and content Program will be held on May 21, 1996 adverse effect following various periods of the health advisory documents from 9:00 a.m. to 4:30 p.m. of exposure. Health Advisories are useful? Would you like other kinds of ADDRESSES: Resolve, Inc. (an EPA developed for one-day, ten-day, longer information included than currently contractor) is utilizing TLI Systems, Inc. term (approximately 7 years, or 10% of provided? as a subcontractor to provide logistical an individual’s lifetime) and lifetime (8) Do you find the summary Fact support for the stakeholders meeting. exposure based on data describing Sheets useful? Should EPA continue The meeting will be held at the Resolve, noncarcinogenic end points of toxicity. this practice? Inc. offices at 2828 Pennsylvania In addition, the Health Advisory (9) Are the summary tables on the Avenue (Suite 402), N.W. Washington, summarizes information on available status of health advisories helpful? D.C. 20007. analytical methods and treatment Should EPA include additional Members of the public may submit techniques for the contaminant. To date, information to the summary tables? written comments pertaining to the EPA has issued over 150 Health What kind of information (e.g., critical Drinking Water Health Advisory Advisories covering a wide variety of endpoints, analytical methods, Program to: Ms. Barbara Corcoran, inorganic, pesticides and nonpesticide treatment technologies)? Office of Science and Technology, U.S. organic chemicals, munition related (10) Would it be useful to develop a Environmental Protection Agency, (Mail compounds, and microbials. clearinghouse on States-developed health advisories? How would it work? Code: 4304), 401 M Street, S.W. B. Request for Stakeholder Involvement Washington, D.C. 20460. It would be (11) What mechanisms for obtaining most helpful for the success of the EPA began a series of stakeholder current information on the Health meeting to receive written comments 10 meetings in March of 1995 to obtain Advisory Program are most useful to working days prior to the meeting. input on a number of issues related to you? Members of the public wishing to the Agency’s Drinking Water Program. (12) Do States and other stakeholders attend the meeting may register by Separate stakeholder meetings were need guidance on how to use health phone by contacting Ms. Adriane conducted on priorities for the Drinking advisories? Alexander at TLI Systems, Inc. (Phone: Water Program; scientific data needs; (13) Should EPA expand the scope of 301–718–2276, ext. 500) by May 10. treatment technology; health the Health Advisory Program to Those registered for the meeting will assessment; analytical methods; source incorporate information on other water receive background materials at least water protection; small systems capacity quality issues (e.g., aquatic life one week prior to the meeting. building; focusing and improving concerns, fish contamination levels safe FOR FURTHER INFORMATION CONTACT: For implementation; revising chemical for human consumption, etc.)? general information about the meeting monitoring requirements and defining EPA has convened this public logistics, please contact Ms. Adriane source protection as a best available meeting to hear the views of Alexander at TLI Systems, Inc., 4340 technology (BAT); and other revisions to stakeholders on how the current Health East West Highway, Suite 1120, strengthen enforcement and Advisory Program is working and how Bethesda, Maryland 20814 (Phone: 301– implementation. Input from those it can be improved. The public is 718–2276, ext. 500); Fax: 301–718– meetings helped the Agency in the invited to provide comments on the 2277). development of a draft comprehensive issues listed above or other issues For information on the Drinking drinking water redirection plan released related to the Health Advisory Program Water Health Advisory Program, please for public comment on November 19, in writing or during the May 21, 1996 contact Ms. Barbara Corcoran, at the 1995 (USEPA, Drinking Water Program meeting. U.S. Environmental Protection Agency, Redirection Proposal, A Public Dated: March 26, 1996. 401 M Street, S.W. Washington, D.C. Comment Draft; EPA 810–D–95–001. Tudor T. Davies, 20460 (Phone: 202–260–1332; Fax: 202– Nov. 1995). Director, Office of Science and Technology. 260–1036). The upcoming meeting deals [FR Doc. 96–8482 Filed 4–4–96; 8:45 am] specifically with EPA’s efforts to assess SUPPLEMENTARY INFORMATION: BILLING CODE 6560±50±P the existing Drinking Water Health A. Background on the Drinking Water Advisory Program in order to determine Health Advisory Program what changes should be made to this [FRL±5454±4] program to make it more effective in the The U.S. Environmental Protection Science Advisory Board; Meeting Agency Drinking Water Health Advisory future. The specific issues for Program was initiated in 1978 to discussion at the meeting include (but Pursuant to the Federal Advisory provide information and guidance to may not be limited to) the following: Committee Act, Public Law 92–463, individuals or agencies concerned with (1) How and when are drinking water notice is hereby given that several potential risk from drinking water health advisories used by State committees of the Science Advisory contaminants for which no national governments and others? Board (SAB) will meet on the dates and regulations exist. Health Advisories are (2) Are less-than-lifetime health times described below. All times noted developed for contaminants that meet advisory values used, and if so, how? are Eastern Time. All meetings are open two criteria: (1) The contaminant has (3) Do you suggest any changes to the to the public. Due to limited space, the potential to cause adverse health current health advisory methodology? seating at meetings will be on a first- effects in exposed humans; and (2) the (4) What chemicals are of greatest come basis; for teleconference meetings, contaminant is either known to occur or concern for development of new health the number of available phone lines is might reasonably be expected to occur advisories? limited. For further information in drinking water supplies. Each Health (5) Which existing Health Advisories concerning specific meetings, please Advisory contains information on the should be revised? contact the individuals listed below. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15255

Documents that are the subject of SAB 1996; (7) Retrospective Analysis of SO2, Respiratory Tract Model for reviews are normally available from the NOx, and CO Air Quality in the United Radiological Protection. The new ICRP originating EPA office and are not States, Final Report, November 1994; (8) model was designed to accommodate available from the SAB Office. Retrospective Analysis of the Impact of the potentially large differences in the (1) Clean Air Scientific Advisory the Clean Air Act of Urban Visibility in doses received and in the radiation Committee’s (CASAC) Air Quality the Southwestern United States, Final sensitivities of the various tissues Models Subcommittee (AQMS): The Air Report, October 1994; (9) Estimation of comprising the respiratory tract, as well Quality Models Subcommittee will Regional Air Quality and Deposition as being compatible with the ICRP continue its review of the technical Changes Under Alternative Section 812 dosimetry system. aspects of the Agency’s Air Quality Emissions Scenarios Predicted by the Models with a teleconference meeting Regional Acid Deposition Model, To obtain copies of the teleconference on Friday, April 26, 1996 from 11:00 am RADM, Draft Report, October 1995. agenda or the draft commentary, please to 1:00 pm. The AQMS formally began Review Documents: (10) The Benefits contact Mrs. Diana L. Pozun, Secretary, to review air quality models as a and Costs of the Clean Air Act, 1970 to Radiation Advisory Committee, Tel. component of the Clean Air Act (CAA) 1990—Report to Congress, Chapter 4: (202) 260–6552; FAX (202) 260–7118; or Section 812 Cost-Benefit Study in a Air Quality, Draft, March 1996, and (11) via the Internet: series of public teleconferences on The Benefits and Costs of the Clean Air [email protected]. To October 1, 1993 and October 21, 1993, Act, 1970 to 1990—Report to Congress, discuss technical aspects of the draft with a follow-up review meeting on Appendix C: Air Quality Modeling, commentary, please contact Dr. K. Jack December 2, 1993 (See 58 FR 49297, Draft, March 1996. Kooyoomjian, Designated Federal September 22, 1993, and 58 FR 60628, To discuss technical aspects of the Official, RAC, Tel. (202) 260–2560; FAX November 17, 1993). The Subcommittee above draft documents, please contact (202) 260–7118; or via the Internet: is conducting this specialty review on Mr. James DeMocker, Office of Policy [email protected]. air quality models on behalf of the Clean Analysis and Review (OPAR) (MC Members of the public who wish to Air Act Compliance Analysis Council 6103), US Environmental Protection make a brief oral presentation at this (CAACAC) as an activity required under Agency, 401 M Street, SW, Washington, Section 812 of the CAA. This DC 20460. Tel. (202) 260–8980; FAX teleconference should contact Mrs. teleconference meeting is a continuation (202) 260–9766, or via the Internet at: Diana L. Pozun no later than April 23, of the above reviews as the Agency [email protected]. To 1996. prepares its final report to Congress. The obtain single copies of the draft Providing Oral or Written Comments at charge to the Subcommittee is to review documents, please contact Ms. Eileen SAB Meetings the analytical methodologies, data Pritchard, Secretary, U.S. sources, implementation, and results of Environmental Protection Agency, The Science Advisory Board expects the air quality modeling component of Office of Policy, Planning and that public statements presented at its the Section 812 Retrospective Analysis, Evaluation (OPPE), Economic Analysis meetings will not be repetitive of and provide advice to the CAACAC and Innovation Division (MC 2127), 401 previously submitted oral or written regarding the reasonableness, technical M Street, SW, Washington, DC 20460. statements. In general, opportunities for merits, and appropriate interpretations Tel.(202) 260–8465. oral comment at teleconference of the modeling results. To obtain copies of the teleconference meetings will be usually limited to three The draft documents that are the agenda, please contact Mrs. Diana L. minutes per speaker and no more than subject of this review are available from Pozun, Secretary, Radiation Advisory fifteen minutes total. Written comments the originating EPA office as noted Committee, Tel. (202) 260–6552; FAX below. There are eleven (11) draft (202) 260–7118; or via the Internet: (at least 35 copies) received in the SAB documents being provided to the [email protected]). To Staff Office sufficiently prior to a AQMS. Nine draft documents are being discuss technical aspects of the draft meeting date (usually one week prior to provided as background (Items 1 commentary, please contact Dr. K. Jack a meeting), may be mailed to the through 9), while the other two are Kooyoomjian, Designated Federal subcommittee prior to its meeting; being submitted for review (Items 10 Official, Radiation Advisory Committee, comments received too close to the and 11). These documents are: Tel. (202) 260–2560; FAX (202) 260– meeting date will normally be provided Background Documents: (1) The 7118; or via the Internet: to the subcommittee at its meeting, Benefits and Costs of the Clean Air Act, [email protected]). except for teleconferences, where brief 1970 to 1990—Report to Congress, Members of the public who wish to written materials may be faxed to the Chapter 3: Emissions, Draft, March make a brief oral presentation at this participants, with more detailed or 1996; (2) The Benefits and Costs of the teleconference should contact Mrs. lengthy materials received too close to Clean Air Act, 1970 to 1990—Report to Diana L. Pozun no later than April 23, the teleconference to be mailed to the Congress, Appendix B: Emissions 1996. subcommittee or committee participants Modeling, Draft, March 1996; (3) (2) Radiation Advisory Committee shortly after the teleconference. Written Retrospective Analysis of Ozone Air (RAC): The Radiation Advisory comments may be provided up until the Committee (RAC) is meeting via Quality in the United States, Final time of the meeting. Report, March 1996; (4) Retrospective teleconference on Tuesday, April 30, Analysis of Particulate Matter Air 1996 from 11:00 am to 1:00 pm. The Dated: March 27, 1996. Quality in the United States, Draft RAC is planning to discuss its draft John R. Fowle III, Report, September 1992; (5) PM commentary (‘‘Commentary on the Acting Staff Director, Science Advisory Board. Interpolation Methodology for the Scientific Basis for Apportioning of Risk [FR Doc. 96–8477 Filed 4–4–96; 8:45 am] Section 812 Retrospective Analysis, Among the ICRP Publication 66 Regions BILLING CODE 6560±50±P Memo from J. Lansstaff to J. DeMocker, of the Respiratory Tract,’’ dated March pending; (6) Retrospective Analysis of 27, 1996) concerning the new ICRP Particulate Matter Air Quality in the (International Commission on United States, Final Report, March, Radiological Protection) Human 15256 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

[FRL±5453±7] Ballston, 4610 N. Fairfax Drive, June 19, 1996, Pasco, Washington Arlington, VA 22203. The Holiday Inn June 26, 1996, Biglerville, Public Meetings of the Urban Wet Arlington/Ballston’s telephone number Pennsylvania Weather Flows Advisory Committee is (703) 243–9800. July 23, 1996, Fresno (area), California and the Storm Water Phase II Advisory The May joint meeting will be held at July 25, 1996, Monterrey (area), Subcommittee the Crystal Gateway Marriott, 1700 California AGENCY: Environmental Protection Jefferson Davis Highway, Arlington, VA. August 7, 1996, Portageville, Missouri Agency. The Crystal Gateway Marriott’s August 21, 1996, Tipton, Indiana telephone number is (703) 920–3230. A The date and location for a public ACTION: Notice. block of rooms are reserved from May meeting in Puerto Rico will be SUMMARY: Notice is hereby given that 28–30, 1996. The rooms are listed under announced at a later date. There will not the Environmental Protection Agency ‘‘EPA storm water meeting.’’ be a public meeting scheduled in (EPA) is convening two separate public FOR FURTHER INFORMATION CONTACT: For Washington, DC as was previously meetings in April and two separate the Phase II Subcommittee meeting, noted. meetings, including a joint session, in contact Pam Mazakas, Storm Water ADDRESSES: The April 10, 1996 meeting May: (1) The Urban Wet Weather Flows Phase II Matrix Manager, Office of will be held at the Delta Research and (UWWF) Advisory Committee meeting Wastewater Management, at (202) 260– Extension Center, Old Leland Road, on April 18–19, 1996 and (2) the Storm 6599. Stoneville, Mississippi. The April 24, Water Phase II Advisory Subcommittee For the UWWF Advisory Committee 1996 meeting will be held at the meeting on April 22–23, 1996. These meeting, contact William Hall, Urban McAllen International Civic Center, meetings are open to the public without Wet Weather Matrix Manager, Office of Tourist Center Building, 1300 S. 10th need for advance registration. The Wastewater Management, at (202) 260– St., McAllen, Texas. Registration for UWWF Advisory Committee will 1458, or Internet: both meetings will begin at 5 p.m., and continue discussions of issues related to [email protected]. the public meetings will begin at 7 p.m. monitoring, watershed framework, Dated: April 1, 1996. FOR FURTHER INFORMATION CONTACT: storm water effluent limitations, no Michael B. Cook, Jeanne Heying, Mail Code 7506C, exposure, physical impacts, and water Director, Office of Wastewater Management, Environmental Protection Agency, 401 quality standards in a wet weather Designated Federal Official. M St., SW., Washington, DC 20460, context. The Storm Water Phase II [FR Doc. 96–8480 Filed 4–4–96; 8:45 am] Telephone: (703) 305–7164, Fax: (703) Advisory Subcommittee will continue BILLING CODE 6560±50±P 308–2962, or EPA WPS representatives discussions on issues concerning the in regions hosting public meetings. framework for Phase II implementation. California meeting: Mary Grisier, On May 29, 1996, the Storm Water [OPP±00429; FRL±5360±8] (415) 744–1095. Phase II Advisory Subcommittee will Indiana meeting: Don Baumgartner, Worker Protection Standard; Notice of meet to continue discussions on issues (312) 886–7835. Public Meetings concerning the framework for Phase II Mississippi meeting: Jane Horton, implementation; and (2) the Urban Wet AGENCY: Environmental Protection (404) 347–3555, ext. 6975. Weather Flows (UWWF) Advisory Agency (EPA). Missouri meeting: Glen Yager, (913) Committee will meet on May 31, 1996. 551-7296 or Kathleen Fenton, (913) ACTION: Notice of meetings. A joint meeting of UWWF and the 551–7874. Storm Water Phase II Advisory SUMMARY: EPA is holding a series of Pennsylvania meeting: Magda Committee will be held on May 30 to public meetings to solicit information Rodriguez-Hunt, (215) 587–0442. discuss issues which affect both storm from workers, growers and others Puerto Rico meeting: Fred Kozak, water Phase I and Phase II, and the regarding regulations designed to (908) 321–6769. timing associated with the rulemaking protect agricultural workers and Texas meeting: Jerry Oglesby, (214) for Phase II. pesticide handlers. The first meeting 665–7563. DATES: The UWWF Advisory Committee was held in Winter Haven, Florida on Washington meeting: Allan Welch, meeting will be held on April 18–19, February 22, 1996. The meetings are (206) 553–1980. 1996. On April 18, the meeting will part of EPA’s commitment to monitor SUPPLEMENTARY INFORMATION: begin at approximately 10 a.m. EST and and evaluate the impact and run until approximately 5:30 p.m. On performance of the Worker Protection I. Background April 19, the meeting will run from regulations. The public meetings are In 1992, EPA issued final regulations approximately 8:00 a.m. until 3:30 p.m. designed to provide an opportunity for governing the protection of employees The Storm Water Phase II meeting will those directly affected by the regulations on farms, forests, nurseries, and be held on April 22–23, 1996. The April to relay their experiences after the greenhouses from occupational 22 meeting will begin promptly at 9:00 regulations’ first full year of exposures to agricultural pesticides. The a.m. EST and end at approximately 5:30 implementation. By reaching out to WPS covers both workers in areas p.m. On April 23, the meeting will begin those on the frontlines and for whom treated with pesticides, and employees at 9:00 a.m. and end at approximately these regulations are intended to who handle (mix, load, apply, etc.) 4:30 p.m. Same hours for the separate provide public health protection, EPA pesticides. More specifically, the May meetings. will better understand how the program provisions of the Standard are intended On May 30, 1996, the joint meeting of is working and where meaningful to: UWWF and the Storm Water Phase II improvements should be made. The Inform employees about the hazards of Advisory Committee will be held from meetings are open to the public. pesticides: 9:00 a.m. EST and end at approximately DATES: The following is the schedule for • By requiring provisions for basic 4:30 p.m. the remaining public meetings: safety training, posting and distribution ADDRESSES: Both April meetings will be April 10, 1996, Stoneville, Mississippi of information about the pesticides; and held at the Holiday Inn Arlington at April 24, 1996, McAllen, Texas Eliminate exposure to pesticides: Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15257

• By prohibiting against the comment that does not contain CBI DATES: Comments must be provided on application of pesticides in a way that must be submitted for inclusion in the or before May 6, 1996. would cause exposure to people, public record. Information not marked ADDRESSES: Comments should be • By requiring time-limited confidential may be disclosed publicly addressed to the Docket Clerk, U.S. restrictions for workers to return to by the Agency without prior notice to Environmental Protection Agency, areas following the application of the submitter. The Agency anticipates Region III, 841 Chestnut Building, pesticides, and that most of the comments will not be Philadelphia, PA 19107, and should • By requiring provisions for workers classified as CBI, and prefers that all refer to: In Re C&D Recycling Superfund and handlers to wear proper protective information submitted be publicly Site, Foster Township, Luzerne County, clothing/equipment; and available. Any records or transcripts of Pennsylvania, U.S. EPA Docket No. III– Mitigate exposures that occur: the open meetings will be considered 96–05–DC. • By requiring arrangements for the public information and cannot be FOR FURTHER INFORMATION CONTACT: supply of soap, water, and towels in the declared CBI. Yvette Hamilton-Taylor (3RC32), 215/ case of pesticide exposure, and • IV. Structure of the Meeting 597–3233, U.S. Environmental By requiring provisions for Protection Agency, 841 Chestnut Street, emergency assistance. EPA will open the meeting with brief Philadelphia, Pennsylvania 19107. II. Information Sought by EPA introductory comments. EPA will then SUPPLEMENTARY INFORMATION: Notice of invite those parties who have registered EPA believes that agricultural De Minimis Settlement: In accordance to present their comments. EPA with Section 122(i)(1) of CERCLA and workers, handlers and growers are best anticipates that each speaker will be able to provide unique insights on the Section 7003(d) of the Solid Waste permitted 5 minutes to make comments. Disposal Act, 42 U.S.C. § 6973(d), notice effects of the WPS requirements. Their After each speaker, Agency and state input will be supplemented by data is hereby given of a proposed representatives may ask the presenter administrative settlement concerning generated from other sources during the questions of clarification. The Agency course of EPA’s longer-term evaluation the C&D Recycling Superfund Site, in reserves the right to adjust the time for Foster Township, Luzerne County, effort. As a follow-up to the public presenters depending on the number of meetings, EPA will develop a summary Pennsylvania. The agreement was speakers. proposed by EPA Region III on of information gained. These tools will Members of the public are encouraged be used to develop strategies for September 28, 1995. Subject to review to submit written documentation to EPA by the public pursuant to this Notice, improving the administration of the at the meeting to ensure that their entire WPS. The Agency is specifically the agreement has met with the position goes on record in the event that approval of the Attorney General or her interested in hearing public comment, time does not permit a complete oral or receiving written comment, on the designee, United States Department of presentation. Justice. Below are listed the parties who following topics. Any information may be delivered to 1. Assistance from regulatory partners have executed binding certifications of Jeanne Heying at the address stated their consent to participate in this and others involved with the WPS. earlier in this Notice. 2. Usefulness of available assistance. settlement: 3. Understanding WPS requirements. Dated: April 2, 1996. 1. Consolidated Edison Company of 4. Success in implementing the William L. Jordan, New York, Inc. requirements. Director, Field Operations Division, Office of 2. Metal Exchange Corporation 5. Difficulties in implementing the Pesticide Programs. 3. New York Transit Authority, Inc. requirements. [FR Doc. 96–8654 Filed 4–4–96; 8:45 am] 4. ICI Explosives USA, Inc. 6. Suggestions to improve BILLING CODE 6560±50±F These four parties collectively have implementation. agreed to pay $63,294.00 subject to the contingency that EPA may elect not to III. Registration to Make Comments [FRL±5451±4] complete the settlement if comments Persons who wish to speak at the Proposed Administrative Settlement received from the public during this public meeting are encouraged to Under the Comprehensive comment period disclose facts or register at the meeting location. The Environmental Response, considerations which indicate the Agency encourages parties to submit Compensation, and Liability Act proposed settlement is inappropriate, data to substantiate comments whenever improper, or inadequate. Monies possible. All comments, as well as AGENCY: Environmental Protection collected from de minimis parties will information gathered at the public Agency. be applied towards past and future meetings will be available for public ACTION: Request for public comment. response costs incurred at or in inspection from 8 a.m. to 4:30 p.m., connection with the Site. The settlement Monday through Friday (except legal SUMMARY: The U.S. Environmental includes a premium to cover the risk of holidays) at the Public Response and Protection Agency is proposing to enter cost overruns or increased costs to Program Resource Branch, Field into a de minimis settlement pursuant to address conditions at the Site Operations Division, Rm. 1132, Crystal Section 122(g)(4) of the Comprehensive previously unknown to EPA but Mall #2, 1921 Jefferson Davis Highway, Environmental Response, Compensation discovered after the effective date of the Arlington, VA. and Liability Act of 1980, as amended Consent Order. Information submitted as part of any (CERCLA), 42 U.S.C. § 9622(g)(4). This EPA is entering into this agreement comment may be claimed as proposed settlement is intended to under the authority of Sections 107 and confidential by marking any or all of resolve the liabilities under CERCLA of 122(g) of CERCLA, 42 U.S.C. § § 9607 that information as Confidential four de minimis parties for response and 9622(g). Section 122(g) authorizes Business Information (CBI). Information costs incurred and to be incurred at the early settlements with de minimis so marked will not be disclosed except C&D Recycling Superfund Site, Foster parties to allow them to resolve their in accordance with the procedures set Township, Luzerne County, liabilities at Superfund Sites without forth in 40 CFR part 2. A copy of the Pennsylvania. incurring substantial transaction costs. 15258 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Under this authority, EPA proposes to [FRL±5454±3] approval request may be reviewed settle with a number of potentially during normal business hours, Monday responsible parties at the C&D Recycling State Program Requirements; through Friday, excluding holidays, at: Application to Administer the National Company, Inc. Superfund Site, each of EPA Region 6 Pollutant Discharge Elimination whom is responsible for less than one 12th Floor Library System (NPDES) Program; Louisiana percent of the volume of hazardous 1446 Ross Avenue substance disposed of at the Site. EPA AGENCY: Environmental Protection Dallas, Texas 75202 issued a draft settlement proposal to the Agency (EPA). (214) 665–7513 de minimis parties on June 14, 1995 and ACTION: Proposed approval of the LDEQ Headquarters invited comments and challenges to the Louisiana Pollutant Discharge 7290 Bluebonnet volumetric ranking. On September 28, Elimination System. Baton Rouge, LA 70884–2215 1995, EPA issued a final settlement (504) 765–2740 SUMMARY: proposal embodied in an Administrative The State of Louisiana has LDEQ Acadianna Regional Office submitted a request for approval of the Order on Consent which included 100 Asma Blvd., Suite 151 Louisiana Pollutant Discharge several modifications made in response Lafayette, LA 70508 Elimination System (LPDES) Program (318) 262–5584 to comments by de minimis parties in pursuant to Section 402 of the Clean letters to EPA and during negotiations Water Act. If EPA approves the LPDES LDEQ Bayou Lafourche Regional Office with the Agency. The proposed program, the State will administer that 104 Lococo Drive settlement reflects and was agreed upon program in lieu of the National Pollutant Raceland, LA 70394 based on conditions known to parties on Discharge Elimination System (NPDES) (504) 532–6206 September 28, 1995. De minimis settling program now administered by EPA in LDEQ Capitol Regional Office parties will be required to pay their Louisiana. Today, EPA proposes to 11720 Airline Highway volumetric share of the Government’s approve the State’s request and provides Baton Rouge, LA 70817–1720 and a Potentially Responsible Party’s notice of a public hearing and comment (504) 295–8583 past response costs and the estimated period on that proposal. EPA will either LDEQ Kisatchie Central Regional Office future response costs at the C&D approve or disapprove the State’s 402 Rainbow Drive, Bldg. 402 Recycling Company, Inc. Superfund Site request after considering all comments Pineville, LA 71360 excluding any federal claims for natural it receives. (318) 487–5656 resource damages or any State claims. DATES: EPA Region 6 will hold a public LDEQ Northeast Regional Office The settlement as it is now proposed hearing on May 9, 1996 beginning at 804 31st Street, Suite D includes an adjustment to the 7:00 p.m. for submission of verbal or Monroe, LA 71211–4967 volumetric share of an eligible de written comments on EPA’s program (318) 362–5439 minimis party; this adjustment was approval proposal. A public discussion LDEQ Northwest Regional Office made prior to the final settlement for questions and answers will be held 1525 Fairfield, Room 11 proposal being sent to all eligible parties prior to the hearing from 3:00 p.m. until Shreveport, LA 71101–4388 5:00 p.m. To ensure issues brought up on September 28, 1995, in response to (318) 867–7476 during the meeting from 3:00 to 5:00 are information provided by this party to LDEQ Southeast Regional Office considered in EPA’s decision, they 3501 Chateau Boulevard–West Wing EPA. The party affected is New York should be made in writing to EPA, or on Transit Authority, Inc. Kenner, LA 70065 record during the public hearing later (504) 471–2800 The Environmental Protection Agency that evening. EPA Region 6 will will receive written comments relating continue to accept written comments LDEQ Southwest Regional Office to this Agreement for thirty (30) days through May 20, 1996 at its office in 3519 Patrick Street, Room 265A from the date of publication of this Dallas, Texas. Copies of such written Lake Charles, LA 70605 318 475–8644 Notice. Moreover, pursuant to Section comments should also be provided to 7003(d) of the Solid Waste Disposal Act, LDEQ. FOR FURTHER INFORMATION CONTACT: Ms. 42 U.S.C. § 6973(d), the public may ADDRESSES: The May 9, 1996, public Ellen Caldwell at the address listed request a meeting in the affected area. A hearing will be held at the Maynard above or by calling (214) 665–7513 or copy of the proposed Administrative Ketcham Building, 7310 Bluebonnet, Ms. Barbara Bevis at the address listed above or by calling (504) 765–2740. Order on Consent can be obtained from Jimmy Swaggart Bible College Campus, Part or all of the State’s submission the Environmental Protection Agency, Baton Rouge, Louisiana. Specific (which comprises approximately 1930 Region III, Office of Regional Counsel, directions will be posted on the LDEQ headquarters building at 7290 pages) may be copied at the LDEQ office (3RC32), 841 Chestnut Building, in Baton Rouge, or EPA office in Dallas, Philadelphia, Pennsylvania, 19107 by Bluebonnet, adjacent to the Maynard Ketcham Building. at a minimal cost per page. A copy of contacting Yvette Hamilton-Taylor at the entire submission may be obtained (215) 597–3233. Written comments must be submitted to: Ms. Ellen Caldwell (6WQ–O), Water from the LDEQ office in Baton Rouge for Stanley L. Laskowski, Quality Protection Division, EPA Region a $108.36 fee. Acting Regional Administrator, U.S. 6, 1445 Ross Avenue, Dallas, Texas Part of the State’s program submission Environmental Protection Agency, Region III. 75202. and supporting documentation should [FR Doc. 96–8479 Filed 4–4–96; 8:45 am] A copy of each comment should be be available electronically within two BILLING CODE 6560±50±P submitted to: Ms. Barbara Bevis, Office weeks of this notice at the following of Water Resources, LDEQ, P.O. Box internet address: http:// 82215, Baton Rouge, Louisiana, 70884– WWW.DEQ.STATE.LA.US—select 2215. Office of Water Resources. Copies of documents Louisiana has SUPPLEMENTARY INFORMATION: Section submitted in support of its program 402 of the Clean Water Act (Act) created Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15259 the NPDES program under which EPA implementation in lieu of the federal hearing, will be considered by EPA may issue permits for the discharge of NPDES program. before taking final action on the pollutants to waters of the United States EPA’s final decision to approve or Louisiana request for NPDES program under conditions required by the Act. disapprove the LPDES program will be approval. Section 402 also provides that EPA may based on the requirements of section Summary of the Louisiana Pollution authorize a State to administer an 402 of the CWA and 40 CFR Part 123. Discharge Elimination System (LPDES) equivalent state program upon a If she approves the Louisiana program, Permitting Program showing the State has authority and a the Regional Administrator will so program sufficient to meet the Act’s notify the State. Notice will be Louisiana’s LPDES program generally requirements. published in the Federal Register and, covers all discharges of pollutants The basic requirements for state as of the date of program approval, EPA subject to the federal NPDES program, program approval are listed in 40 CFR will suspend issuance of NPDES but does not regulate the disposal of Part 123. EPA Region 6 considers the permits in Louisiana (except for: sewage sewage sludge. If it approves the State documents submitted by the State of sludge permits under CWA § 405 and 40 program, EPA will thus continue to Louisiana complete at the time of this CFR 503). The State’s LPDES program regulate sewage sludge disposal in notice and believes they comply with will implement federal law and operate Louisiana in accordance with Section the regulations found at 40 CFR 123. It in lieu of the EPA-administered NPDES 405 of the Act and 40 CFR Part 503. thus proposes to approve the LPDES program. EPA will, however, retain the The LPDES program is fully described program as described by the Louisiana right to object to LPDES permits in documents the State has submitted in Department of Environmental Quality. proposed by LDEQ, and if the objections accordance with 40 CFR 123.21, i.e., a EPA will consider final approval after are not resolved, issue the permit itself. Memorandum of Agreement (MOA) for all public comments have been If EPA’s Regional Administrator execution by LDEQ and EPA; a Program considered. disapproves the LPDES program, she Description outlining the procedures, On November 2, 1995, the Governor will notify LDEQ of the reasons for personnel and protocols that will be of Louisiana requested NPDES program disapproval and of any revisions or relied on to run the state’s permitting approval and submitted a program modifications to the program which are program; a Statement signed by the description (including funding, necessary to obtain approval. Attorney General that describes the legal personnel requirements and authority which the state has adopted to organization, and enforcement PUBLIC HEARING PROCEDURES: The administer a program equivalent to the procedures), an Attorney General’s following procedures will be used at the federal NPDES program; and several statement, copies of applicable State May 9, 1996 public hearing: agreements under which LDEQ will statutes and regulations, and a 1. The Presiding Officer shall conduct coordinate with the State Historic Memorandum of Agreement (MOA) to the hearing in a manner which will Preservation Officer and the U.S. Fish be executed by the Regional allow all interested persons wishing to and Wildlife Service for the protection Administrator or EPA Region and the make oral statements an opportunity to of antiquities and endangered species. Secretary of LDEQ. As a result of do so; however, the Presiding Officer The content of those documents is discussions between EPA and LDEQ may inform attendees of any time limits summarized below. staff, minor changes and additions have during the opening statement of the been made to some of those documents hearings. I. The EPA/LDEQ MOA for the sake of clarity. Supplemental 2. Any person may submit written The requirements for MOAs are found documents and consultation agreements statements or documents for the record. under the Endangered Species Act and 3. The Presiding Officer may, in his in 40 CFR 123.24. A Memorandum of National Historic Preservation Act were discretion, exclude oral testimony if Agreement is a document signed by added to the record on March 21, 25, 26, such testimony is overly repetitious of each agency, committing them to and April 1, 1996. previous testimony or is not relevant to specific responsibilities. A MOA EPA’s Regional Administrator is the decision to approve or require specifies these responsibilities and required to approve the submitted revision of the submitted State program. provides structure for the State’s program within 90 days of submittal 4. The transcript taken at the hearing, program management and EPA’s unless it does not meet the requirements together with copies of all submitted program oversight. of section 402(b) of the Act and EPA statements and documents, shall The MOA submitted by the State of regulations. To obtain such approval, become a part of the record submitted Louisiana has been signed by The the State must show, among other to the Regional Administrator. Secretary of the Department of things, that it has authority to issue 5. The hearing record shall be left Environmental Quality. The Regional permits which comply with the Act, open until the deadline for receipt of Administrator of U.S. EPA Region 6 will authority to impose civil and criminal comments specified at the beginning of sign the document after the program has penalties for permit violations, and this Notice to allow any person time to been determined approvable and all authority to ensure that the public is submit additional written statements or comments received during the comment given notice and opportunity for a to present views or evidence tending to period (including comments received at hearing on each proposed permit. The rebut testimony presented at the public the public hearing) have been 90 day time frame has been extended by hearing. considered. The MOA submitted by mutual agreement between EPA Region Hearing statements may be oral or LDEQ includes the following items: 6 and LDEQ (40 CFR 123.21) to allow written. Written copies of oral Section 1 contains general statements for contemporaneous notice of statements are urged for accuracy of the describing the purpose of the MOA, consultation agreements under the record and for use of the Hearing Panel partnership and responsibilities of Endangered Species Act and National and other interested persons. Statements LDEQ and EPA Region 6, and the scope Historic Preservation Act. After close of should summarize any extensive written of the LPDES program. the comment period, EPA’s Regional materials. All comments received by Section II describes the alternate Administrator will decide to approve or EPA Region 6 by the deadline for receipt responsibilities of the two agencies and disapprove the LPDES program for of comments, or presented at the public agency jurisdiction over permits. 15260 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Section III describes all agreements on Program Description contains a flow Notice of Intent will be required for the review and issuance of LPDES chart of the permit processes from coverage under LPDES general permits. permits. It covers LDEQ’s application to issuance, including EPA’s While LDEQ and EPA do not follow the responsibilities to issue permits, the review of the draft. same procedures in issuing general transfer of EPA files to the State, and the Part VI describes the program costs for permits, EPA regards the State’s general State’s application review and permit two years, the resource needs and permitting program functionally development process. Included are such staffing requirements. It analyzes the equivalent to its own. If the State things as procedures for permit program workload by major and minor determines to amend its LPDES program modification or reissuance, and EPA’s permits, the pretreatment unit, the to issue permits by rule, these revisions review of LPDES drafted individual and application verification unit, will be made in accordance with 40 CFR general permits. This section includes enforcement and surveillance 123.62(b). the State’s commitment for responding inspections. to public concerns and providing public Part VII describes general III. Enforcement Management System participation in connection with public administrative procedures for (EMS) hearings, evidentiary hearing, and permitting and the administrative and States seeking authorization of their administrative and judicial enforcement judicial procedures for their review. It permitting and enforcement program actions. describes the procedures for the under NPDES have the option of Section IV describes summary publication of rules, the procedures for adopting EPA’s enforcement policies, agreements between EPA and LDEQ that holding public hearings and information procedures, and guidance; or provide in provide EPA with oversight of the requests and availability. It lists their program package a complete LPDES enforcement program. These considerations for permitting description of their enforcement include those commitments on LDEQ’s prioritization. This part also describes authority and compliance evaluation compliance monitoring, reviews, and many of the State’s water quality program (40 CFR 123.26 and 123.27). inspections. LDEQ agrees to take planning procedures. Procedures for Louisiana elected to develop its own penalty actions in accordance with the reviewing, revising, and updating the enforcement management system. An spirit of the EPA Penalty Policy. State program are listed, as well as EMS outlines the ways the State Section V Describes how LDEQ will requirements for annual report systematically and efficiently identifies implement a pretreatment program. submission to EPA. instances of noncompliance and Specific implementation features Part VIII describes specific procedures provides timely and appropriate include categorical determinations, for permitting, and permit review. enforcement actions to achieve the final removal credits, and variances from Descriptions include the application objective of full compliance by the categorical standards. forms, permit writer review of permittee with the Clean Water Act. An Additional sections address such application information, permit EPA memo dated October 2, 1989, titled matters as submitting information from drafting, notice of permits, EPA review ‘‘Final Version of the Revised one agency to the other, performing of draft permits, and public notice, Enforcement Management System,’’ program reviews, calculating time under comment and hearing procedures describes seven basic principals that are the MOA, and EPA’s independent associated with EPA objections. It common to an effective EMS: powers. outlines the procedures which apply to administrative and judicial review of —Maintain a source inventory that is II. Program Description permit decisions, including District complete and accurate; A program description submitted by a Court review, appellate court review, —Handle and assess the flow of state seeking program approval must and citizen suits. This part also information available in a systematic meet the minimum requirements of 40 describes citizen notification and and timely basis; CFR 123.22. It must provide a narrative hotline availability. —Accomplish a pre-enforcement description of the scope, structure, Part IX describes compliance tracking screening by reviewing the flow of coverage and processes of the state and enforcement procedures for information as soon as possible after program; a description of the monitoring, inspections, and sampling. it is received; organization, staffing and position It describes pretreatment compliance —Perform a more formal enforcement descriptions for the lead state agency; inspection processes and all compliance evaluation where appropriate, using and itemized costs and funding sources tracking processes. This part of the systematic evaluation screening for the program. It must describe all Program Description is supplemented criteria; applicable state procedures (including by the Enforcement Management —Institute a formal enforcement action administrative procedures for the System, which is a separate document and follow-up whenever necessary; issuance of permits and administrative prepared by the State containing the —Initiate field investigations based on a or judicial procedures for their review) actual process details of permit systematic plan; and, and include copies of forms used in the enforcement and compliance tracking. —Use internal management controls to program. It must further contain a Part X describes LDEQ’s pretreatment provide adequate enforcement complete description of the State’s program procedures. The pretreatment information to all levels of compliance and enforcement tracking program applies to those municipal organization. program. wastewater treatment plants which The LDEQ’s Enforcement Parts I through IV describe the receive industrial wastewater, and those Management System (EMS) is a written organization and structure of LDEQ, and industries which discharge to Publicly outline or guide which discusses the list the qualification and duties of LDEQ Owned Treatment Works. This part procedures that will be followed to staff. describes how municipalities are ensure that both federal and state Part V describes the legal authority for assessed for pretreatment requirements regulatory requirements and goals are the LPDES system, the legal and pretreatment program approvals by accomplished in a timely and representation, and permitting processes the State. appropriate manner. for both individual permitting and Part XI describes LDEQ general The inspection and enforcement general permitting. This part of the permitting procedures; how and when a functions of the Office of Water Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15261

Resources reside in the Water Quality participation in this authorization or adversely modify their critical Management Division’s Surveillance process so that the citizens of Louisiana habitat. Regulations controlling and Enforcement Sections. The will understand the program in their consultation under ESA Section 7 are Surveillance Section is headed by an state. Therefore, EPA requests that the codified at 50 CFR Part 402. The Environmental Quality Program public review the program that LDEQ approval of the State permitting Manager and along with its has submitted and provide any program under section 402 of the Clean administrative support is headquartered comments they feel are appropriate. Water Act is a federal action subject to in Baton Rouge. It has field staff in each EPA and the State want the public to be this requirement, but the State’s of the eight regional offices strategically able to effectively coordinate with LDEQ subsequent LPDES permit actions are located throughout the state (listed with on LPDES permitting and enforcement not. EPA is in the process of informal addresses in this notice). Each Regional actions. EPA will consider all comments consultation with both the U.S. Fish and Surveillance Office is supervised by an on the LPDES program and/or its Wildlife Service (FWS or the Service) Environmental Quality Coordinator. authorization in its decision. and the National Marine Fisheries The Surveillance Section is Service (NMFS or the Service). In the responsible for inspecting all permitted Other Federal Statutes course of consultation, EPA, the and unpermitted facilities which have A. National Historic Preservation Act Services, and LDEQ have outlined or are believed to have a surface water procedures by which LDEQ and FWS, Section 106 of the National Historic discharge. The Surveillance Section is and/or NMFS will confer on permits Preservation Act (NHPA) requires that also responsible for the investigation of which are likely to affect listed species. all federal agencies must consult with all citizen complaints involving waters These processes are reflected in draft of the State. the State Historic Preservation Officer Memoranda of Understanding between At this time LDEQ does not have a (SHPO) and the Advisory Council on the State and those federal agencies. In civil penalty policy for deriving Historic Preservation (ACHP) on all addition, an agreement between EPA administrative penalty amounts or federal undertakings which may affect and both Services has been drafted on reaching compromises. However, the historic properties or sites listed or EPA’s oversight role and objection State has committed to the development eligible for listing in the National procedures when LDEQ and FWS and/ and implementation of a penalty policy. Register of Historic Places. Regulations or NMFS cannot agree on the protection LDEQ will propose their policy by outlining the requirements of a Section of species in an individual State permit October 31, 1996, with finalization 106 consultation on a federal action. A statement in the EPA/LDEQ targeted for April 1, 1997. While the undertaking are found at 36 CFR Part MOA for program approval provides adoption of a penalty policy is highly 800. Approval of the State permitting EPA an additional opportunity to object recommended, it is not mandatory [40 program under section 402 of the Clean to the issuance of a permit which would CFR 123.27(c)], and is therefore not Water Act is a federal undertakings adversely effect a protected species or required prior to EPA authorization of subject to this requirement, but the critical habitat when Services and LDEQ the LPDES program. LDEQ is adopting State’s subsequent issuance of LPDES disagree. These draft documents are a penalty policy to ensure the consistent permits is not. EPA has thus consulted available with the program package for assessment and collection of in accordance with Section 106 of the public review and comment. NHPA to assure equivalent protection of administrative penalties in their state. C. Regulatory Flexibility Act In contrast to the compliance orders eligible properties will be provided in EPA issues under CWA § 309(a)(3), connection with State permit actions. In After review of the facts presented in LDEQ’s Compliance Orders (COs) are that consultation, EPA, the SHPO and this document, I hereby certify, subject to appeal, a factor which has the LDEQ outlined procedures by which pursuant to the provisions of 5 U.S.C. potential to delay compliance. LDEQ and the SHPO would confer on 605(b), that this proposal will not have permit actions likely to affect historic a significant impact on a substantial IV. Attorney General’s Statement properties. These processes are reflected number of small entities. The approval An Attorney General’s Statement is in a Memorandum of Understanding of the Louisiana NPDES permit program required and described in regulations between those two State agencies. In would merely transfer responsibilities found at 40 CFR 123.23. Legal counsel addition, an agreement was signed by for administration of the NPDES permit representing the State must certify that EPA and the SHPO on EPA’s oversight program from Federal to State the State has lawfully adopted statutes role and objection procedures when the government. and regulations which provide the State two state agencies could not agree on I hereby propose to authorize the agency with the legal authority to the protection of antiquities in LPDES program in accordance with 40 administer a permitting program in Louisiana. A statement in the EPA/ CFR part 123. compliance with 40 CFR Part 123. The LDEQ MOA for program approval Dated: April 1, 1996. Attorney General’s Statement from provides EPA an additional opportunity Jane N. Saginaw, Louisiana certifies the State does indeed to object to the issuance of a permit Regional Administrator. which would adversely affect a site on have the legal authority to administer [FR Doc. 96–8458 Filed 4–4–96; 8:45 am] the LPDES program in accordance with which the SHPO and LDEQ disagree. BILLING CODE 6560±50±P the regulations in 40 CFR 123; and These consultation documents are correlates the State regulations and available with the program package for [FRL±5454±7] statutes to corresponding federal public review and comment. requirements. Reopening of the Public Comment B. Endangered Species Act Period for Proposed General NPDES Comments on the Described Program Section 7 of the Endangered Species Permit for Placer Mining in Alaska The program submitted by the State of Act (ESA) requires that all federal AGENCY: Environmental Protection Louisiana has been determined to be agencies consult on federal actions Agency, Region 10. complete in accordance with the which may affect federally listed species ACTION: Reopening of the Public regulations found at 40 CFR 123. EPA to insure they are unlikely to jeopardize Comment Period. and LDEQ want to encourage public the continued existence of those species 15262 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

SUMMARY: On January 31, 1996, EPA TIME AND PLACE: Thursday, April 18, CONTACT PERSON FOR MORE INFORMATION: provided notice of the proposed 1996, at 9:30 a.m. to 12:00 noon. The Elaine L. Baker, Secretary to the Board, modified general National Pollutant meeting will be held at EX–IM Bank in (202) 408–2837. Discharge Elimination System (NPDES) Room 1143, 811 Vermont Avenue NW., Rita I. Fair, permit No. AKG–37–0000 for Placer Washington, D.C. 20571. Managing Director. Mining in Alaska. 61 FR 3403. The [FR Doc. 96–8675 Filed 4–3–96; 2:17 pm] public comment period schedule, AGENDA: The meeting agenda will BILLING CODE 6725±01±P proposed permit and fact sheet were include a discussion of the following published in the notice. At the request topics: Advisory Committee Statutory of interested parties, EPA is today Requirements, Export-Import Bank’s providing notice that the public Charter Renewal and other topics. FEDERAL MARITIME COMMISSION comment period has been reopened. PUBLIC PARTICIPATION: The meeting will Security for the Protection of the PUBLIC COMMENT PERIOD: Comments be open to public participation; and the Public Indemnification of Passengers must be submitted by April 18, 1996. last 10 minutes will be set aside for oral for Nonperformance of Transportation; PUBLIC COMMENTS: Interested persons questions or comments. Members of the Notice of Issuance of Certificate may submit written comments on the public may also file written statement(s) (Performance) draft general NPDES permit to: before or after the meeting. In order to Environmental Protection Agency, Attn: permit the Export-Import Bank to Notice is hereby given that the Robert Robichaud (WD–137), 1200 Sixth arrange suitable accommodations, following have been issued a Certificate of Financial Responsibility for Avenue, Seattle, Washington 98101. All members of the public who plan to Indemnification of Passengers for comments should include the name, attend the meeting should notify Joyce Nonperformance of Transportation address, and telephone number of the Herron, Room 1220, 811 Vermont pursuant to the provisions of Section 3, commenter and a concise statement of Avenue NW., Washington, D.C. 20571, comment and the relevant facts upon Public Law 89–777 (46 U.S.C. § 817(e)) (202) 565–3503, not later than April 15, and the Federal Maritime Commission’s which it is based. Comments of either 1996. If any person wishes auxiliary support or concern which are directed implementing regulations at 46 CFR Part aids (such as a sign language interpreter) 540, as amended: at specific, cited permit requirements or other special accommodations, please Norwegian Cruise Line Limited (d/b/a are appreciated. Comments must be contact, prior to April 15, 1996, Joyce Norwegian Cruise Line), 95 Merrick submitted to EPA on or before the Herron, Room 1220, 811 Vermont Way, Coral Gables, Florida 33134 extended expiration date of the public Avenue NW., Washington, DC 20571, notice. Voice: (202) 565–3955 or TDD: (202) Vessels: DREAMWARD, LEEWARD, ADMINISTRATIVE RECORD: Copies of the 565–3377. NORWAY, NORWEGIAN CROWN, proposed general NPDES permit and SEAWARD and WINDWARD fact sheet are available for public review FOR FURTHER INFORMATION CONTACT: Royal Seas Cruise Line, Inc., Odessa at the EPA Seattle address listed above; For further information, contact Joyce America Cruise Company, Firm at the U.S. EPA, Anchorage Operations Herron, Room 1220, 811 Vermont Globus, Maddock Trading 5, Inc. and Office, Room 537, Federal Building, 222 Avenue NW., Washington, D.C. 20571, Black Sea Shipping Company, 170 West Seventh Avenue, #19, Anchorage, (202) 565–3503. Old Country Road, Suite 608, Alaska 99513 and are available upon Mineola, New York 11501 Kenneth Hansen, request from the Region 10 Public Vessel: UKRAINA. Information Center at 1–800–424–4EPA General Counsel. (4372). [FR Doc. 96–8490 Filed 4–4–96; 8:45 am] Dated: April 1, 1996. Joseph C. Polking, FOR FURTHER INFORMATION CONTACT: Tim BILLING CODE 6690±01±M Hamlin, EPA Region 10, at the EPA Secretary. Seattle address listed above or [FR Doc. 96–8375 Filed 4–4–96; 8:45 am] telephone (206) 553–8311. BILLING CODE 6730±01±M FEDERAL HOUSING FINANCE BOARD Dated: March 28, 1996. David H. Teeter, Sunshine Act Meeting FEDERAL RESERVE SYSTEM Acting Director, Office of Water. [FR Doc. 96–8653 Filed 4–4–96; 8:45 am] ANNOUNCING AN OPEN MEETING OF THE Notice of Proposals To Engage in BILLING CODE 6560±50±P BOARD Permissible Nonbanking Activities or TIME AND DATE: 10:00 a.m. Wednesday, To Acquire Companies That Are April 10, 1996. Engaged in Permissible Nonbanking EXPORT-IMPORT BANK OF THE Activities UNITED STATES PLACE: Board Room, Second Floor, Federal Housing Finance Board, 1777 F The company listed in this notice has Notice of Open Special Meeting of the Street, N.W., Washington, D.C. 20006. given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) Advisory Committee of the Export- STATUS: The entire meeting will be open Import Bank of the United States (BHC Act) and Regulation Y, (12 to the public. CFR part 225) to engage de novo, or to SUMMARY: The Advisory Committee was MATTERS TO BE CONSIDERED DURING acquire or control voting securities or established by P.L. 98–181, November PORTIONS OPEN TO THE PUBLIC: assets of a company that engages either 30, 1983, to advise the Export-Import • directly or through a subsidiary or other Bank on its programs and to provide Interim Final Rule on Federal Home company, in a nonbanking activity that comments for inclusion in the reports of Loan Bank System’s Directors Fees is listed in § 225.25 of Regulation Y (12 the Export-Import Bank to the United • Discussion of Federal Home Loan CFR 225.25) or that the Board has States Congress. Bank System Legislation. determined by Order to be closely Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15263 related to banking and permissible for 225.41 of the Board’s Regulation Y (12 includes whether the acquisition of the bank holding companies. Unless CFR 225.41) to acquire a bank or bank nonbanking company complies with the otherwise noted, these activities will be holding company. The factors that are standards in section 4 of the BHC Act, conducted throughout the United States. considered in acting on the notices are including whether the acquisition of the The notice is available for inspection set forth in paragraph 7 of the Act (12 nonbanking company can ‘‘reasonably at the Federal Reserve Bank indicated. U.S.C. 1817(j)(7)). be expected to produce benefits to the Once the notice has been accepted for The notice is available for immediate public, such as greater convenience, processing, it will also be available for inspection at the Federal Reserve Bank increased competition, or gains in inspection at the offices of the Board of indicated. Once the notice have been efficiency, that outweigh possible Governors. Interested persons may accepted for processing, it will also be adverse effects, such as undue express their views in writing on the available for inspection at the offices of concentration of resources, decreased or question whether the proposal complies the Board of Governors. Interested unfair competition, conflicts of with the standards of section 4 of the persons may express their views in interests, or unsound banking practices’’ BHC Act, including whether writing to the Reserve Bank indicated (12 U.S.C. 1843). Any request for consummation of the proposal can for that notice or to the offices of the a hearing must be accompanied by a ‘‘reasonably be expected to produce Board of Governors. Comments must be statement of the reasons a written benefits to the public, such as greater received not later than April 25, 1996. presentation would not suffice in lieu of convenience, increased competition, or A. Federal Reserve Bank of Atlanta a hearing, identifying specifically any gains in efficiency, that outweigh (Zane R. Kelley, Vice President) 104 questions of fact that are in dispute, possible adverse effects, such as undue Marietta Street, N.W., Atlanta, Georgia summarizing the evidence that would concentration of resources, decreased or 30303: be presented at a hearing, and indicating unfair competition, conflicts of 1. Leo A. Greenblatt, III, Chicago, how the party commenting would be interests, or unsound banking practices’’ Illinois; Andrew Alvin Jahelka, aggrieved by approval of the proposal. (12 U.S.C. 1843). Any request for a Hinsdale, Illinois; and Richard Owen Unless otherwise noted, nonbanking hearing on this question must be Nichols, Oakbrook, Illinois; to activities will be conducted throughout collectively retain 24.65 percent of the accompanied by a statement of the the United States. reasons a written presentation would voting shares of St. James Unless otherwise noted, comments not suffice in lieu of a hearing, Bancorporation, Inc., Lutcher, Louisana, regarding each of these applications identifying specifically any questions of and thereby indirectly acquire The St. must be received at the Reserve Bank James Bank & Trust Company, Lutcher, fact that are in dispute, summarizing the indicated or the offices of the Board of Louisiana. evidence that would be presented at a Governors not later than April 29, 1996. hearing, and indicating how the party Board of Governors of the Federal Reserve A. Federal Reserve Bank of commenting would be aggrieved by System, April 1, 1996. Minneapolis (James M. Lyon, Vice approval of the proposal. Jennifer J. Johnson, President) 250 Marquette Avenue, Unless otherwise noted, comments Deputy Secretary of the Board. Minneapolis, Minnesota 55480: regarding the application must be [FR Doc. 96–8444 Filed 4–4–96; 8:45 am] 1. Kanabec Credit Company, Mora, received at the Reserve Bank indicated BILLING CODE 6210±01±F Minnesota; to acquire 5.5 percent of the or the offices of the Board of Governors voting shares of First Citizens Financial not later than April 19, 1996. Corp., Mason City, Iowa, and thereby A. Federal Reserve Bank of Boston Formations of, Acquisitions by, and indirectly acquire First Citizens (Robert M. Brady, Vice President) 600 Mergers of Bank Holding Companies National Bank, Mason City, Iowa. Atlantic Avenue, Boston, Massachusetts B. Federal Reserve Bank of Kansas The companies listed in this notice 02106: City (John E. Yorke, Senior Vice have applied to the Board for approval, 1. The Royal Bank of Scotland Group President) 925 Grand Avenue, Kansas plc, Edinburgh, Scotland; The Royal pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) City, Missouri 64198: Bank of Scotland plc, Edinburgh, 1. Community Bancshares of (BHC Act), Regulation Y (12 CFR part Scotland; and Citizens Financial Group, Marysville, Inc., Marysville, Kansas; to 225), and all other applicable statutes Inc., Providence, Rhode Island; to acquire 100 percent of the voting shares and regulations to become a bank acquire First NH Mortgage Corporation, of Community State Bank, Hanover, holding company and/or to acquire the Hooksett, New Hampshire, and thereby Kansas. engage in making, acquiring and assets or the ownership of, control of, or the power to vote shares of a bank or Board of Governors of the Federal Reserve servicing mortgage loans pursuant to § System, April 1, 1996. 225.25(b)(1) of the Board’s Regulation Y. bank holding company and all of the banks and nonbanking companies Jennifer J. Johnson, Board of Governors of the Federal Reserve owned by the bank holding company, Deputy Secretary of the Board. System, April 1, 1996. including the companies listed below. [FR Doc. 96-8442 Filed 4-4-96; 8:45 am] Jennifer J. Johnson, The applications listed below, as well BILLING CODE 6210-01-F Deputy Secretary of the Board. as other related filings required by the [FR Doc. 96–8443 Filed 4–4–96; 8:45 am] Board, are available for immediate BILLING CODE 6210±01±F inspection at the Federal Reserve Bank FEDERAL RETIREMENT THRIFT indicated. Once the application has INVESTMENT BOARD been accepted for processing, it will also Change in Bank Control Notices; be available for inspection at the offices Sunshine Act Meeting of the Board of Governors. Interested Acquisitions of Shares of Banks or TIME AND DATE: 10:00 a.m. (edt), April Bank Holding Companies persons may express their views in writing on the standards enumerated in 15, 1996. The notificant listed below has the BHC Act (12 U.S.C. 1842(c)). If the PLACE: 4th Floor, Conference Room, applied under the Change in Bank proposal also involves the acquisition of 1250 H Street, N.W., Washington, D.C. Control Act (12 U.S.C. 1817(j)) and § a nonbanking company, the review also STATUS: Open. 15264 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

MATTERS TO BE CONSIDERED: marketed. Under these acts, a product’s 1990, as the date the investigational new 1. Approval of the minutes of the March regulatory review period forms the basis animal drug application (INAD) became 18, 1996, Board meeting. for determining the amount of extension effective. However, FDA records 2. Thrift Savings Plan activity report by an applicant may receive. indicate that the date of FDA’s official the Executive Director. A regulatory review period consists of acknowledgement letter assigning a 3. Review of Arthur Andersen annual two periods of time: A testing phase and number to the INAD was May 24, 1990, financial audit. an approval phase. For animal drug which is considered to be the effective CONTACT PERSON FOR MORE INFORMATION: products, the testing phase begins on date for the INAD. the earlier date when either a major Thomas J. Trabucco, Director, Office of 2. The date the application was External Affairs (202) 942–1640. environmental effects test was initiated for the drug or when an exemption initially submitted with respect to the Dated: April 2, 1996. under section 512(j) of the Federal Food, animal drug product under section Roger W. Mehle, Drug, and Cosmetic Act (21 U.S.C. 512(b) of the Federal Food, Drug, and Executive Director, Federal Retirement Thrift 360b(j)) became effective and runs until Cosmetic Act: December 16, 1994. The Investment Board. the approval phase begins. The approval applicant claims December 14, 1994, as [FR Doc. 96–8591 Filed 4–3–96; 10:18 am] phase starts with the initial submission the date the new animal drug  BILLING CODE 6760±01±M of an application to market the animal application (NADA) for OPTIMMUNE drug product and continues until FDA (NADA 141–052) was initially grants permission to market the drug submitted. However, FDA records DEPARTMENT OF HEALTH AND product. Although only a portion of a indicate that the date of FDA’s official HUMAN SERVICES regulatory review period may count acknowledgement letter assigning a toward the actual amount of extension number to the NADA was December 16, Food and Drug Administration that the Commissioner of Patents and 1994, which is considered to be the Trademarks may award (for example, NADA initially submitted date. [Docket No. 96E±0033] half the testing phase must be 3. The date the application was Determination of Regulatory Review subtracted as well as any time that may approved: August 2, 1995. FDA has Period for Purposes of Patent have occurred before the patent was verified the applicant’s claim that Extension; OPTIMMUNE issued), FDA’s determination of the NADA 141–052 was approved on length of a regulatory review period for August 2, 1995. AGENCY: Food and Drug Administration, an animal drug product will include all This determination of the regulatory HHS. of the testing phase and approval phase review period establishes the maximum ACTION: Notice. as specified in 35 U.S.C. 156(g)(4)(B). FDA recently approved for marketing potential length of a patent extension. SUMMARY: The Food and Drug the animal drug product OPTIMMUNE However, the U.S. Patent and Administration (FDA) has determined (cyclosporine). OPTIMMUNE is Trademark Office applies several the regulatory review period for indicated for treatment of chronic statutory limitations in its calculations OPTIMMUNE and is publishing this keratoconjunctivitis sicca in dogs. of the actual period for patent extension. notice of that determination as required Subsequent to this approval, the Patent In its application for patent extension, by law. FDA has made the and Trademark Office received a patent this applicant seeks 698 days of patent determination because of the term restoration application for term extension. submission of an application to the OPTIMMUNE (U.S. Patent No. Anyone with knowledge that any of Commissioner of Patents and 4,839,342) from Schering Corp. and the the dates as published is incorrect may, Trademarks, Department of Commerce, Patent and Trademark Office requested on or before June 4, 1996, submit to the for the extension of a patent which FDA’s assistance in determining this Dockets Management Branch (address claims that animal drug product. patent’s eligibility for patent term above) written comments and ask for a ADDRESSES: Written comments and restoration. In a letter dated February 8, redetermination. Furthermore, any petitions should be directed to the 1996, FDA advised the Patent and interested person may petition FDA, on Dockets Management Branch (HFA– Trademark Office that this animal drug or before October 2, 1996, for a 305), Food and Drug Administration, product had undergone a regulatory determination regarding whether the review period and that the approval of rm. 1–23, 12420 Parklawn Dr.,  applicant for extension acted with due Rockville, MD 20857. OPTIMMUNE represented the first diligence during the regulatory review commercial marketing of the product. period. To meet its burden, the petition FOR FURTHER INFORMATION CONTACT: Shortly thereafter, the Patent and Brian J. Malkin, Office of Health Affairs must contain sufficient facts to merit an Trademark Office requested that FDA FDA investigation. (See H. Rept. 857, (HFY–20), Food and Drug determine the products’s regulatory Administration, 5600 Fishers Lane, part 1, 98th Cong., 2d sess., pp. 41–42, review period. 1984.) Petitions should be in the format Rockville, MD 20857, 301–443–1382. FDA has determined that the specified in 21 CFR 10.30. SUPPLEMENTARY INFORMATION: The Drug applicable regulatory review period for Price Competition and Patent Term OPTIMMUNE is 1,898 days. Of this Comments and petitions should be Restoration Act of 1984 (Pub. L. 98–417) time, 1,668 days occurred during the submitted to the Dockets Management and the Generic Animal Drug and Patent testing phase of the regulatory review Branch (address above) in three copies Term Restoration Act (Pub. L. 100–670) period, while 230 days occurred during (except that individuals may submit generally provide that a patent may be the approval phase. These periods of single copies) and identified with the extended for a period of up to 5 years time were derived from the following docket number found in brackets in the so long as the patented item (human dates: heading of this document. Comments drug product, animal drug product, 1. The date an exemption under and petitions may be seen in the medical device, food additive, or color section 512(j) of the Federal Food, Drug, Dockets Management Branch between 9 additive) was subject to regulatory and Cosmetic Act became effective: May a.m. and 4 p.m., Monday through review by FDA before the item was 24, 1990. The applicant claims May 10, Friday. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15265

Dated: March 28, 1996. actual amount of extension that the 3. The date the application was Stuart L. Nightingale, Commissioner of Patents and approved: September 20, 1995. FDA has Associate Commissioner for Health Affairs. Trademarks may award (for example, verified the applicant’s claim that NDA [FR Doc. 96–8474 Filed 4–4–96; 8:45 am] half the testing phase must be 20–444 was approved on September 20, BILLING CODE 4160±01±F subtracted as well as any time that may 1995. have occurred before the patent was This determination of the regulatory issued), FDA’s determination of the review period establishes the maximum [Docket Nos. 95E±0418 and 95E±0419] length of a regulatory review period for potential length of a patent extension. a human drug product will include all However, the U.S. Patent and Determination of Regulatory Review of the testing phase and approval phase Trademark Office applies several Period for Purposes of Patent as specified in 35 U.S.C. 156(g)(1)(B). statutory limitations in its calculations Extension; FLOLAN FDA recently approved for marketing of the actual period for patent extension. AGENCY: Food and Drug Administration, the human drug product FLOLAN In its application for patent extension, HHS. (epoprostenol sodium). FLOLAN is this applicant seeks 730 days (U.S. Patent No. 4,338,325) and 1,346 days ACTION: Notice. indicated for the long-term intravenous treatment of primary pulmonary (U.S. Patent No. 4,883,812) of patent SUMMARY: The Food and Drug hypertension in New York Heart term extension. Administration (FDA) has determined Association Class III and Class IV Anyone with knowledge that any of the regulatory review period for patients. Subsequent to this approval, the dates as published is incorrect may, FLOLAN and is publishing this notice the Patent and Trademark Office on or before June 4, 1996, submit to the of that determination as required by received patent term restoration Dockets Management Branch (address law. FDA has made the determination applications for FLOLAN (U.S. Patent above) written comments and ask for a because of the submission of an Nos. 4,338,325 and 4,883,812) from redetermination. Furthermore, any application to the Commissioner of Glaxo Wellcome Inc., and the Patent interested person may petition FDA, on Patents and Trademarks, Department of and Trademark Office requested FDA’s or before October 2, 1996, for a Commerce, for the extension of a patent assistance in determining these patents’ determination regarding whether the applicant for extension acted with due which claims that human drug product. eligibilities for patent term restoration. diligence during the regulatory review ADDRESSES: Written comments and In letters dated February 8, 1996 (U.S. period. To meet its burden, the petition petitions should be directed to the Patent No. 4,338,325), and February 22, must contain sufficient facts to merit an Dockets Management Branch (HFA– 1996 (U.S. Patent No. 4,883,812), FDA FDA investigation. (See H. Rept. 857, 305), Food and Drug Administration, advised the Patent and Trademark part 1, 98th Cong., 2d sess., pp. 41–42, rm. 1–23, 12420 Parklawn Dr., Office that this human drug product had 1984.) Petitions should be in the format Rockville, MD 20857. undergone a regulatory review period  specified in 21 CFR 10.30. FOR FURTHER INFORMATION CONTACT: and that the approval of FLOLAN Comments and petitions should be Brian J. Malkin, Office of Health Affairs represented the first permitted submitted to the Dockets Management (HFY–20), Food and Drug commercial marketing or use of the Branch (address above) in three copies Administration, 5600 Fishers Lane, product. Shortly thereafter, the Patent (except that individuals may submit Rockville, MD 20857, 301–443–1382. and Trademark Office requested that single copies) and identified with the SUPPLEMENTARY INFORMATION: The Drug FDA determine the product’s regulatory docket number found in brackets in the Price Competition and Patent Term review period. heading of this document. Comments Restoration Act of 1984 (Pub. L. 98–417) FDA has determined that the and petitions may be seen in the and the Generic Animal Drug and Patent applicable regulatory review period for  Dockets Management Branch between 9 Term Restoration Act (Pub. L. 100–670) FLOLAN is 5,927 days. Of this time, a.m. and 4 p.m., Monday through generally provide that a patent may be 5,357 days occurred during the testing Friday. extended for a period of up to 5 years phase of the regulatory review period, Dated: March 28, 1996. so long as the patented item (human while 570 days occurred during the drug product, animal drug product, approval phase. These periods of time Stuart L. Nightingale, medical device, food additive, or color were derived from the following dates: Associate Commissioner for Health Affairs. additive) was subject to regulatory 1. The date an exemption under [FR Doc. 96–8363 Filed 4–4–96; 8:45 am] review by FDA before the item was section 505(i) of the Federal Food, Drug, BILLING CODE 4160±01±F marketed. Under these acts, a product’s and Cosmetic Act (21 U.S.C.355(i)) regulatory review period forms the basis became effective: July 1, 1979. The for determining the amount of extension applicant claims June 29, 1979, as the Small Business Participation; Public an applicant may receive. date the investigational new drug Meeting A regulatory review period consists of application (IND) became effective. AGENCY: Food and Drug Administration, two periods of time: A testing phase and However, FDA records indicate that the HHS. IND effective date was July 1, 1979, an approval phase. For human drug ACTION: Notice. products, the testing phase begins when which was 30 days after FDA receipt of the exemption to permit the clinical IND 16,459 on June 1, 1979 SUMMARY: The Food and Drug investigations of the drug becomes 2. The date the application was Administration (FDA) is announcing a effective and runs until the approval initially submitted with respect to the small business exchange meeting to phase begins. The approval phase starts human drug product under section create a dialogue between the small with the initial submission of an 505(b) of the Federal Food, Drug, and business community, particularly application to market the human drug Cosmetic Act: February 28, 1994. FDA businesses owned and operated by product and continues until FDA grants has verified the applicant’s claim that minorities and women, and FDA permission to market the drug product. the new drug application (NDA) for officials. The meeting will be chaired by Although only a portion of a regulatory FLOLAN (NDA 20–444) was initially Arthur J. Beebe, Jr., Regional Food and review period may count toward the submitted on February 28, 1995. Drug Director, Northeast Region, and it 15266 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices is intended to provide a better FOR FURTHER INFORMATION CONTACT: agenda will provide for discussion and understanding of the agency’s Samuel Shekar, M.D., Executive comment on three items: operations and policies and to assist Director, Practicing Physicians Advisory • The Medicare Coverage Regulation. these businesses in complying with the Council, Room 425–H, Hubert H. • The National Provider agency’s regulations. Humphrey Building, 200 Independence Identification Project. DATES: The meeting will be held on Avenue SW., Washington, DC 20201, • End of Life Care. Thursday, April ll, l996, 9 a.m. to l2:30 (202) 260–5463. Council members will also receive a p.m. SUPPLEMENTARY INFORMATION: The legislative and managed care update. In ADDRESSES: The meeting will be held at Secretary of Health and Human Services addition, four new members will be York College, Academic Core Bldg., (the Secretary) is mandated by section sworn in to serve on the Council. Those Lecture Hall 4M05, 94–20 Guy R. 1868 of the Social Security Act, as individuals or organizations who wish Brewer Blvd., Jamaica, NY 11433. There added by section 4112 of the Omnibus to make 5-minute oral presentations on is no registration fee for this meeting. Budget Reconciliation Act of 1990 the three issues listed should contact Interested persons are encouraged to (OBRA ’90) (Pub. L. 101–508, enacted the Executive Director by 12:00 noon, register early because space is limited. on November 5, 1990), to appoint a April 5, 1996, to be scheduled. The To register contact George R. Walden Practicing Physicians Advisory Council number of oral presentations may be (address below). (the Council) based on nominations limited by the time available. A written FOR FURTHER INFORMATION CONTACT: submitted by medical organizations copy of the oral remarks should be George R. Walden, Small Business representing physicians. The Council submitted to the Executive Director no Representative, Food and Drug meets quarterly to discuss certain later than 12:00 noon, April 11, 1996. Administration, 850 Third Ave., proposed changes in regulations and For the name, address, and telephone Brooklyn, NY ll232, 7l8–965–5300 ext. carrier manual instructions related to number of the Executive Director, see 5528. physicians’ services, as identified by the the FOR FURTHER INFORMATION CONTACT SUPPLEMENTARY INFORMATION: The Secretary. To the extent feasible and section at the beginning of this notice. purpose of this meeting is to encourage consistent with statutory deadlines, the Anyone who is not scheduled to speak dialogue between the small business consultation must occur before may also submit written comments to community, particularly businesses publications of the proposed changes. the Executive Director by 12:00 noon, owned and operated by minorities and The Council submits an annual report April 11, 1996. The meeting is open to women, and FDA officials. This meeting on its recommendations to the Secretary the public, but attendance is limited to will provide a forum to express and the Administrator of the Health the space available on a first-come basis. concerns, discuss the effects of Care Financing Administration not later (Section 1868 of the Social Security Act (42 regulations, and convey knowledge than December 31 of each year. U.S.C. 1395ee) and section 10(a) of Public about the agency’s operations and The Council consists of 15 physicians, Law 92–463 (5 U.S.C. App. 2, section 10(a)); policies. each of whom has submitted at least 250 45 CFR Part 11) Dated: March 30, 1996. claims for physicians’ services under (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital William K. Hubbard, Medicare in the previous year. Members of the Council include both Insurance Program) Associate Commissioner for Policy Dated: March 20, 1996. Coordination. participating and nonparticipating Bruce C. Vladeck, [FR Doc. 96–8476 Filed 4–4–96; 8:45 am] physicians, and physicians practicing in rural and underserved urban areas. At Administrator, Health Care Financing BILLING CODE 4160±01±F least 11 members must be doctors of Administration. medicine or osteopathy authorized to [FR Doc. 96–8552 Filed 4–3–96; 9:32 am] Health Care Financing Administration practice medicine and surgery by the BILLING CODE 4120±01±P States in which they practice. Members [OPL±009±N] have been invited to serve for overlapping 4-year terms. In accordance Substance Abuse and Mental Health Medicare Program; April 22, 1996, with section 14 of the Federal Advisory Services Administration Meeting of the Practicing Physicians Committee Act, terms of more than 2 Advisory Council years are contingent upon the renewal Center for Mental Health Services AGENCY: Health Care Financing of the Council by appropriate action National Advisory Council Meeting in Administration (HCFA), HHS. before the end of the 2-year term. April ACTION: Notice of meeting. The Council held its first meeting on AGENCY: Substance Abuse and Mental May 11, 1992. Health Services Administration SUMMARY: In accordance with section The current members are: Richard (SAMHSA). 10(a) of the Federal Advisory Committee Bronfman, D.P.M.; Gary C. Dennis, ACTION: Correction of Meeting Notice. Act, this notice announces a meeting of M.D.; Catalina E. Garcia, M.D.; Kenneth the Practicing Physicians Advisory D. Hansen, M.D.; Ardis Hoven, M.D.; SUMMARY: Public notice was given in the Council. This meeting is open to the Sandral Hullett, M.D.; Jerilynn S. Federal Register on March 7, 1996 (Vol. public. Kaibel, D.C.; Marie G. Kuffner, M.D. 61, No. 46, page 9189) that the Center DATES: The meeting is scheduled for (Renominated-pending selection); Marc for Mental Health Services National April 22, 1996, from 8:30 a.m. until 4:30 Lowe, M.D.; Katherine L. Markette, Advisory Council would be meeting in p.m. edt (Additional meetings are M.D.; Maisie Tam, M.D.; Kenneth M. open session on April 11 and 12. tentatively scheduled for July 8, Viste, Jr., M.D.; and James C. Waites, It has become necessary to add a September 23, and December 16, 1996.) M.D. (Renominated-pending selection). presentation and detailed discussion of ADDRESSES: The meeting will be held in The chairperson is Kenneth M. Viste, Jr., information about the Center’s Room 800, 8th Floor, Hubert H. M.D. procurement plans. Therefore, a portion Humphrey Building, 200 Independence The next meeting of the Council will of the meeting will be closed to the Avenue SW., Washington, DC 20201. be held on April 22, 1996. The Council public as determined by the Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15267

Administrator, SAMHSA, in accordance its inventory or excess or surplus call the toll free information line at 1– with Title 5 U.S.C. 552b(c) (3) and 5 Federal property. This Notice is also 800–927–7588 for detailed instructions U.S.C. App. 2, § 10(d). published in order to comply with the or write a letter to Mark Johnston at the Committee Name: Center for Mental December 12, 1988 Court Order in address listed at the beginning of this Health Services National Advisory National Coalition for the Homeless v. Notice. Included in the request for Council. Veterans Administration, No. 88–2503– review should be the property address Open: April 11, 1996, 9:00 a.m.–5 OG (D.D.C.). (including zip code), the date of p.m.; April 12, 1996, 9:00 a.m– Properties reviewed are listed in this publication in the Federal Register, the adjournment . Notice according to the following landholding agency, and the property Closed: April 11, 1996, 8:30 a.m.–9:00 categories: Suitable/available, suitable/ number. a.m. unavailable, suitable/to be excess, and For more information regarding The dates and location of the open unsuitable. The properties listed in the particular properties identified in this sessions of the meeting and the contact three suitable categories have been Notice (i.e., acreage, floor plan, existing for additional information remain as reviewed by the landholding agencies, sanitary facilities, exact street address), announced. and each agency has transmitted to providers should contact the Dated: March 29, 1996. HUD: (1) Its intention to make the appropriate landholding agencies at the Jeri Lipov, property available for use to assist the following addresses: Army: Mr. Derrick Committee Management Officer, Substance homeless, (2) its intention to declare the Mitchell, CECPW–FP, U.S. Army Center Abuse and Mental Health Services property excess to the agency’s needs, or for Public Works, 7701 Telegraph Road, Administration. (3) a statement of the reasons that the Alexandria, VA 22310–3862; (703) 428– [FR Doc. 96–8374 Filed 4–4–96; 8:45 am] property cannot be declared excess or 6083; Navy: Mr. John Kane, Deputy BILLING CODE 4162±20±P made available for use as facilities to Division Director, Department of the assist the homeless. Navy, Real Estate Operations, Naval Properties listed as suitable/available Facilities Engineering Command, Code will be available exclusively for DEPARTMENT OF HOUSING AND 241A, 200 Stovall Street, Alexandria, homeless use for a period of 60 days URBAN DEVELOPMENT VA 22332–2300; (703) 325–0474; from the date of this Notice. Homeless Interior: Ms. Lola D. Knight, Department [Docket No. FR±3778±N±79] assistance providers interested in any of the Interior, 1849 C Street, NW, Mail such property should send a written Stop 5512–MIB, Washington, DC 20240; Office of the Assistant Secretary for expression of interest to HHS, addressed (202) 208–4080; Air Force: Ms. Barbara Community Planning and to Brian Rooney, Division of Property Jenkins, Air Force Real Estate Agency, Development; Federal Property Management, Program Support Center, Bolling Air Force Base, 112 Luke Suitable as Facilities To Assist the HHS, room 5B–41, 5600 Fishers Lane, Avenue, Suite 104, Building 5683, Homeless Rockville, MD 20857; (301) 443–2265; Washington, DC 20332–8020; (202) 767– (This is not a toll-free number.) HHS AGENCY: Office of the Assistant 4184; Transportation: Mr. Ronald D. Secretary for Community Planning and will mail to the interested provider an Keefer, Director of Administrative Development, HUD. application packet, which will include Services and Property Management, instructions for completing the ACTION: Notice. Department of Transportation, 400 7th application. In order to maximize the Street, SW, Room 10319, Washington, SUMMARY: This Notice identifies opportunity to utilize a suitable DC 20590; (202) 366–4246; Energy: Ms. unutilized, underutilized, excess, and property, providers should submit their Marsha Penhaker, Department of surplus Federal property reviewed by written expressions of interest as soon Energy, Facilities Planning and HUD for suitability for possible use to as possible. For complete details Acquisition Branch, Room 6H–058, assist the homeless. concerning the processing of Washington, DC 20585; (202) 586–1191; applications, the reader is encouraged to FOR FURTHER INFORMATION CONTACT: (These are not toll-free numbers). refer to the interim rule governing this Mark Johnston, room 7256, Department program, 24 CFR part 581. Dated: March 29, 1996. of Housing and Urban Development, For properties listed as suitable/to be Jacquie M. Lawing, 451 Seventh Street SW, Washington, DC excess, that property may, if Deputy Assistant Secretary for Economic 20410; telephone (202) 708–1226; TDD subsequently accepted as excess by Development. number for the hearing- and speech- GSA, be made available for use by the TITLE V, FEDERAL SURPLUS PROPERTY impaired (202) 708–2565 (these homeless in accordance with applicable PROGRAM, FEDERAL REGISTER REPORT telephone numbers are not toll-free), or law, subject to screening for other FOR 04/05/96 call the toll-free Title V information line Federal use. At the appropriate time, Suitable/Available Properties at 1–800–927–7588. HUD will publish the property in a SUPPLEMENTARY INFORMATION: In Notice showing it as either suitable/ Buildings (by State) accordance with 24 CFR part 581 and available or suitable/unavailable. Florida section 501 of the Stewart B. McKinney For properties listed as suitable/ Facility No. 0001 Homeless Assistance Act (42 U.S.C. unavailable, the landholding agency has Cocoa Beach Comm. Annex No. 2 11411), as amended, HUD is publishing decided that the property cannot be Cocoa Beach Co: Brevard FL 32931– this Notice to identify Federal buildings declared excess or made available for Landholding Agency: Air Force and other real property that HUD has use to assist the homeless, and the Property Number: 189610010 reviewed for suitability for use to assist property will not be available. Status: Unutilized Comment: Telephone switchgear bldg., 474 the homeless. The properties were Properties listed as unsuitable will sq. ft., possible asbestos. reviewed using information provided to not be made available for any other Facility No. 00901 HUD by Federal landholding agencies purpose for 20 days from the date of this Cocoa Beach Comm. Annex No. 1 regarding unutilized and underutilized Notice. Homeless assistance providers Cocoa Beach Co: Brevard FL 32931– buildings and real property controlled interested in a review by HUD of the Landholding Agency: Air Force by such agencies or by GSA regarding determination of unsuitability should Property Number: 189610011 15268 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Status: Unutilized Suitable/Unavailable Properties Land (by State) Comment: 1100 sq. ft., telephone switch California bldg., possible asbestos. Buildings (by State) Colorado Excess Land at Eureka Housing Montana Eureka Co: Humboldt CA 95501– Bldg. 100 Ft. Morgan Service Bldg. Landholding Agency: DOT Forsyth Training Site Co: Rosebud MT Ft. Morgan Co: Morgan CO 80701– Property Number: 879540001 Landholding Agency: Air Force Landholding Agency: Energy Status: Unutilized Property Number: 189610001 Property Number: 419520002 Comment: .5 acres, encroachment by Status: Unutilized Status: Excess adjoining land owners, easement. Comment: 6843 sq. ft., needs repair, on top Comment: 132 sq. ft., metal substation bldg. Georgia of bluff, most recent use—offices. on concrete slab. Land—St. Simons Boathouse Bldg. 112 Maine St. Simons Island Co: Glynn GA 31522–0577 Forsyth Training Site Co: Rosebud MT Mount Desert Rock Light Landholding Agency: DOT Landholding Agency: Air Force Property Number: 879540003 Property Number: 189610002 U.S. Coast Guard Status: Unutilized Status: Unutilized Southwest Harbor Co: Hancock ME 04679– Comment: .08 acres, most recent use—pier Comment: 586 sq. ft., most recent use—cold Landholding Agency: DOT and dockage for Coast Guard boats. storage. Property Number: 879240023 Status: Unutilized Suitable/To Be Excessed Nebraska Comment: 1600 sq. ft., 2-story wood frame Bldg. 20 dwelling, needs rehab, limited utilities, Buildings (by State) Offutt Communications Annex 4 limited access, property is subject to severe Massachusetts Silver Creek Co: Nance NE 68663– storms. Landholding Agency: Air Force Cuttyhunk Boathouse Little River Light Property Number: 189610004 South Shore of Cuttyhunk Pond Status: Unutilized U.S. Coast Guard Gosnold Co: Dukes MA 02713– Comment: 4714 sq. ft., most recent use— Cutler Co: Washington ME Landholding Agency: DOT dormitory. Landholding Agency: DOT Property Number: 879310001 Property Number: 879240026 Status: Unutilized North Carolina Status: Unutilized Comment: 2700 sq. ft., wood frame, one Dwelling 1 Comment: 1100 sq. ft., 2-story wood frame story, needs rehab, limited utilities, off-site USCG Coinjock Housing dwelling, well is contaminated, limited use only. Coinjock Co: Currituck NC 27923– utilities. Nauset Beach Light Landholding Agency: DOT Burnt Island Light Nauset Beach Co: Barnstable MA Property Number: 879120083 U.S. Coast Guard Landholding Agency: DOT Status: Unutilized Southport Co: Lincoln ME 04576– Property Number: 879420001 Comment: one story wood residence, Status: Unutilized Landholding Agency: DOT periodic flooding in garage and utility Comment: 48 foot tower, cylindrical cast Property Number: 879240027 room occurs in heavy rainfall. iron, most recent use—aid to navigation. Status: Unutilized Dwelling 2 Comment: 750 sq. ft., 2-story wood frame Plymouth Light Co: Plymouth MA USCG Coinjock Housing dwelling. Landholding Agency: DOT Coinjock Co: Currituck NC 27923– Property Number: 879420003 Landholding Agency: DOT Massachusetts Status: Unutilized Property Number: 879120084 Keepers Dwelling Comment: 250 sq. ft. tower, and 2096 sq. ft. Status: Unutilized Cape Ann Light, Thachers Island dwelling, wood frame, most recent use— Comment: one story wood residence, U.S. Coast Guard aid to navigation/housing. periodic flooding in garage and utility Rockport Co: Essex MA 01966– Light Tower, Highland Light room occurs in heavy rainfall. Landholding Agency: DOT Near Rt. 6, 9 miles south of Race Point Dwelling 3 Property Number: 879240024 North Truro Co: Barnstable MA 02652– USCG Coinjock Housing Status: Unutilized Landholding Agency: DOT Coinjock Co: Currituck NC 27923– Comment: 1000 sq. ft., 2-story brick dwelling, Property Number: 879430005 Landholding Agency: DOT large wave action with severe ocean Status: Excess Property Number: 879120085 storms. Comment: 66 ft. tower, 14′9′′ diameter, brick Status: Unutilized structure, scheduled to be vacated 9/94. Comment: one story wood residence, Assistant Keepers Dwelling Cape Ann Light, Thachers Island Keepers Dwelling periodic flooding in garage and utility Highland Light room occurs in heavy rainfall. U.S. Coast Guard Rockport Co: Essex MA 01966– Near Rt. 6, 9 miles south of Race Point Virginia Landholding Agency: DOT North Truro Co: Barnstable MA 02652– Housing Property Number: 879240025 Landholding Agency: DOT Rt. 637—Gwynnville Road Status: Unutilized Property Number: 879430006 Status: Excess Gwynn Island Co: Mathews VA 23066– Comment: 1100 sq. ft., 2-story wood frame Comment: 1160 sq. ft., 2-story wood frame, Landholding Agency: DOT dwelling, large wave action with severe attached to light tower, scheduled to be Property Number: 879120082 ocean storms. Status: Unutilized vacated 9/94. Comment: 929 sq. ft., one story residence. Texas Duplex Housing Unit Brownsville Urban System (Grantee) Highland Light Land (by State) 700 South Iowa Avenue Near Rt. 6, 9 miles south of Race Point Montana Brownsville Co: Cameron TX 78520– North Truro Co: Barnstable MA 02652– 6.43 acres Landholding Agency: DOT Landholding Agency: DOT Forsyth Training Site Co: Rosebud MT Property Number: 879010003 Property Number: 879430007 Landholding Agency: Air Force Status: Unutilized Status: Excess Property Number: 189610003 Comment: 3500 sq. ft., 1 story concrete block, Comment: 2 living units, 930 sq. ft. each, 1- Status: Unutilized (2nd floor of Admin. Bldg.) on 10750 sq. story each, located on eroding ocean bluff, Comment: 6.43 acres, most recent use—tech. ft. land, contains underground diesel fuel scheduled to be vacated 9/94. oper. site for radar bombing range. tanks. Nahant Towers Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15269

Nahant Co: Essex MA Landholding Agency: Army Status: Excess Landholding Agency: DOT Property Number: 219610277 Reason: Floodway. Property Number: 879530001 Status: Unutilized Dwelling B Status: Unutilized Reason: Secured Area. USCG Mobile Pt. Station Comment: 196 sq. ft., 8-story observation Building 7726 Ft. Morgan tower. Redstone Arsenal Gulfshores Co: Baldwin AL 36542– Oregon Redstone Arsenal Co: Madison AL 35898– Landholding Agency: DOT Yaquina Head Lighthouse 5000 Property Number: 879120002 860 Lighthouse Drive Landholding Agency: Army Status: Excess Newport Co: Lincoln OR 97365– Property Number: 219610278 Reason: Floodway. Landholding Agency: DOT Status: Unutilized Oil House Property Number: 879430003 Reason: Secured Area. USCG Mobile Pt. Station Status: Underutilized Building 7734 Ft. Morgan Comment: 300 sq. ft. tower and needs repair, Redstone Arsenal Gulfshores Co: Baldwin AL 36542– 4.52 acres lighthouse area, historic Redstone Arsenal Co: Madison AL 35898– Landholding Agency: DOT property. 5000 Property Number: 879120003 Landholding Agency: Army Status: Excess Land (by State) Property Number: 219610279 Reason: Floodway. Michigan Status: Unutilized Garage U.S. Coast Guard—Air Station Reason: Secured Area. USCG Mobile Pt. Station Traverse City Co: Grand Traverse MI 49684– Building 7735 Ft. Morgan Landholding Agency: DOT Redstone Arsenal Gulfshores Co: Baldwin AL 36542– Property Number: 879120099 Redstone Arsenal Co: Madison AL 35898– Landholding Agency: DOT Status: Underutilized 5000 Property Number: 879120004 Comment: 21.7 acres, most recent use—helo Landholding Agency: Army Status: Excess landings. Property Number: 219610280 Reason: Floodway. Status: Unutilized Shop Building Unsuitable Properties Reason: Secured Area. USCG Mobile Pt. Station Buildings (by State) Building 283 Ft. Morgan Gulfshores Co: Baldwin AL 36542– Alabama Fort McClellan Anniston Co: Calhoun AL 36205–5000 Landholding Agency: DOT Building 107 Property Number: 879120005 Landholding Agency: Army Redstone Arsenal Status: Excess Property Number: 219610281 Redstone Arsenal Co: Madison AL 35898– Reason: Floodway. Status: Unutilized 5000 Alaska Landholding Agency: Army Reason: Extensive deterioration. Property Number: 219610272 5 Buildings Building 2115 Status: Unutilized Fort Rucker Fort Wainwright Reason: Secured Area. Fort Rucker Co: Dale AL 36362–5000 Fort Wainwright Co: Fairbanks/No. S AK Location: 519, 601, 704, 3901, 3906 99703– Building 3334 Landholding Agency: Army Redstone Arsenal Landholding Agency: Army Property Number: 219610282 Property Number: 219610265 Redstone Arsenal Co: Madison AL 35898– Status: Underutilized 5000 Status: Unutilized Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Landholding Agency: Army explosive material; Within airport runway 5 Buildings Property Number: 219610273 clear zone; Secured Area. Status: Unutilized Fort Rucker Reason: Secured Area. Fort Rucker Co: Dale AL 36362–5000 Building 2117 Location: 3302, 3401, 3718, 1445, 6042 Fort Wainwright Building 7362 Fort Wainwright Co: Fairbanks/No. S AK Redstone Arsenal Landholding Agency: Army Property Number: 219610283 88703– Redstone Arsenal Co: Madison AL 35898– Landholding Agency: Army 5000 Status: Unutilized Reason: Extensive deterioration. Property Number: 219610266 Landholding Agency: Army Status: Underutilized Property Number: 219610274 6 Buildings Reason: Within 2000 ft. of flammable or Status: Unutilized Fort Rucker explosive material; Within airport runway Reason: Secured Area. Fort Rucker Co: Dale AL 36362–5000 clear zone; Secured Area. Location: 3817, 4001, 6036, 6037, 7103, 6018 Building 7561 Building 2119 Redstone Arsenal Landholding Agency: Army Fort Wainwright Redstone Arsenal Co: Madison AL 35898– Property Number: 219610284 Fort Wainwright Co: Fairbanks/No. S AK 5000 Status: Unutilized 99703– Landholding Agency: Army Reason: Extensive deterioration. Landholding Agency: Army Property Number: 219610275 12 Buildings Property Number: 219610267 Status: Unutilized Fort Rucker Status: Underutilized Reason: Secured Area. Fort Rucker Co: Dale AL 36362–5000 Reason: Within 2000 ft. of flammable or Building 7617 Location: 605–608, 5501–5504, 5506–5508, explosive material; Within airport runway Redstone Arsenal 5114 clear zone; Secured Area. Redstone Arsenal Co: Madison AL 35898– Landholding Agency: Army Building 2121 5000 Property Number: 219610285 Fort Wainwright Landholding Agency: Army Status: Unutilized Fort Wainwright Co: Fairbanks/No. S AK Property Number: 219610276 Reason: Extensive deterioration. 99703– Status: Unutilized Dwelling A Landholding Agency: Army Reason: Secured Area. USCG Mobile Pt. Station Property Number: 219610268 Building 7618 Ft. Morgan Status: Underutilized Redstone Arsenal Gulfshores Co: Baldwin AL 36542– Reason: Within 2000 ft. of flammable or Redstone Arsenal Co: Madison AL 35898– Landholding Agency: DOT explosive material; Within airport runway 5000 Property Number: 879120001 clear zone; Secured Area. 15270 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Building 2123 Landholding Agency: DOT Landholding Agency: DOT Fort Wainwright Property Number: 879210133 Property Number: 879320002 Fort Wainwright Co: Fairbanks/No. S AK Status: Excess Status: Unutilized 99703– Reason: Secured Area; Within airport runway Reason: Extensive deterioration. Landholding Agency: Army clear zone; Within 2000 ft. of flammable or Arizona Property Number: 219610269 explosive material. Bldgs. 14470, 15405, 30022 Status: Underutilized Bldg. R1, Holiday Beach Fort Huachuca Reason: Within 2000 ft. of flammable or U.S. Coast Guard Support Center Sierra Vista Co: Cochise AZ 85635– explosive material; Within airport runway Kodiak Co: Kodiak Island AK 99619–5014 Landholding Agency: Army clear zone; Secured Area. Landholding Agency: DOT Property Number: 219610286 Property Number: 879310014 Building 2125 Status: Unutilized Status: Unutilized Fort Wainwright Reason: Extensive deterioration. Fort Wainwright Co: Fairbanks/No. S AK Reason: Secured Area. 99703– Bldg. S–3 California Landholding Agency: Army U.S. Coast Guard Support Center Building 194 Property Number: 219610270 Kodiak Co: Kodiak Island AK 99619–5014 Fort Hunter Liggett Status: Underutilized Landholding Agency: DOT Jolon Co: Monterey CA 98433– Reason: Within 2000 ft. of flammable or Property Number: 879310015 Landholding Agency: Army explosive material; Within airport runway Status: Unutilized Property Number: 219610287 clear zone; Secured Area. Reason: Secured Area. Status: Unutilized Building 3569 Bldg. S–16 Reason: Secured Area; Extensive Fort Wainwright U.S. Coast Guard Support Center deterioration. Fort Wainwright Co: Fairbanks/No. S AK Kodiak Co: Kodiak Island AK 99619–5014 20 Buildings 99703– Landholding Agency: DOT National Training Center Landholding Agency: Army Property Number: 879310016 Fort Irwin Co: San Bernardino CA 92311– Property Number: 219610271 Status: Unutilized 5097 Status: Unutilized Reason: Secured Area. Location: 426, 428, 435–437, 439, 441, 462, Reason: Extensive deterioration. Bldg. 82 464, 466, 510, 527, 529, 537, 539, 544–545, Bldg. 28 U.S. Coast Guard Support Center 547, 549, 608 USCG Support Center Kodiak Co: Kodiak Island AK 99619–5014 Landholding Agency: Army Kodiak Co: Kodiak Island AK 99619–5000 Landholding Agency: DOT Property Number: 219610288 Landholding Agency: DOT Property Number: 879310017 Status: Unutilized. Property Number: 879210126 Status: Unutilized Reason: Secured Area. Status: Excess Reason: Secured Area. Building S–45 Reason: Within airport runway clear zone; Bldg. 86 DDRW Sharpe Facility Secured Area. U.S. Coast Guard Support Center Lathrop Co: San Joaquin CA 95331– Bldg. 24 Kodiak Co: Kodiak Island AK 99619–5014 Landholding Agency: Army USCG Support Center Landholding Agency: DOT Property Number: 219610289 Kodiak Co: Kodiak Island AK 99619–5000 Property Number: 879310018 Status: Unutilized Landholding Agency: DOT Status: Unutilized Reason: Secured Area. Property Number: 879210127 Reason: Secured Area. Building 96 Status: Excess Bldg. 98 DDRW Sharpe Facility Reason: Within airport runway clear zone; U.S. Coast Guard Support Center Lathrop Co: San Joaquin CA 95331– Secured Area; Within 2000 ft. of flammable Kodiak Co: Kodiak Island AK 99619–5014 Landholding Agency: Army or explosive material. Landholding Agency: DOT Property Number: 219610290 Bldg. 19 Property Number: 879310019 Status: Unutilized USCG Support Center Status: Unutilized Reason: Secured Area. Kodiak Co: Kodiak Island AK 99619–5000 Reason: Secured Area. Building S–106 Landholding Agency: DOT Bldg. 524A DDRW Sharpe Facility Property Number: 879210128 U.S. Coast Guard Support Center Lathrop Co: San Joaquin CA 95331– Status: Excess Kodiak Co: Kodiak Island AK 99619–5014 Landholding Agency: Army Reason: Within airport runway clear zone; Landholding Agency: DOT Property Number: 219610291 Secured Area; Other Property Number: 879310020 Status: Unutilized Comment: Extensive deterioration. Status: Unutilized Reason: Secured Area. Bldg. 94 Reason: Within airport runway clear zone; Building S–132 USCG Support Center Secured Area. DDRW Sharpe Facility Kodiak Co: Kodiak Island AK 99619–5000 Bldg. 624 Lathrop Co: San Joaquin CA 95331– Landholding Agency: DOT U.S. Coast Guard Support Center Landholding Agency: Army Property Number: 879210129 Kodiak Co: Kodiak Island AK 99619–5014 Property Number: 219610292 Status: Excess Landholding Agency: DOT Status: Unutilized Reason: Secured Area; Other Property Number: 879310021 Reason: Secured Area. Comment: Extensive deterioration. Status: Unutilized Building S–530 Bldg. 18 Reason: Within airport runway clear zone; DDRW Sharpe Facility USCG Support Center Secured Area. Lathrop Co: San Joaquin CA 95331– Kodiak Co: Kodiak Island AK 99619–5000 Housing Ketchikan (Naushon UPH) Landholding Agency: Army Landholding Agency: DOT 3615 Baranof Avenue Property Number: 219610293 Property Number: 879210132 Ketchikan Co: Ketchikan AK 99801– Status: Unutilized Status: Excess Landholding Agency: DOT Reason: Secured Area. Reason: Secured Area; Within airport runway Property Number: 879320005 Building S–661 clear zone Status: Unutilized DDRW Sharpe Facility GSA Number: U–ALAS–655A. Reason: Extensive deterioration. Lathrop Co: San Joaquin CA 95331– Bldg. A512 Old Petersburg Moorings Landholding Agency: Army USCG Support Center Cannery Wharf Property Number: 219610294 Kodiak Co: Kodiak Island AK 99619–5000 Petersburg AK 99833– Status: Unutilized Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15271

Reason: Secured Area. Reason: Extensive deterioration. Landholding Agency: Army Building S–681 Building 2344 Property Number: 219610314 DDRW Sharpe Facility Fort Carson Status: Unutilized Lathrop Co: San Joaquin CA 95331– Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building 6113 Property Number: 219610295 Property Number: 219610304 Fort Carson Status: Unutilized Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Reason: Secured Area. Reason: Extensive deterioration. Landholding Agency: Army Building S–684 Building 2442 Property Number: 219610315 DDRW Sharpe Facility Fort Carson Status: Unutilized Lathrop Co: San Joaquin CA 95331– Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building 6120 Property Number: 219610296 Property Number: 219610305 Fort Carson Status: Unutilized Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Reason: Secured Area. Reason: Extensive deterioration. Landholding Agency: Army 10 Bldgs. Buildings 2734, 2735 Property Number: 219610316 USCG Station Humboldt Bay Fort Carson Status: Unutilized Samoa Co: Humboldt CA 95564–9999 Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Landholding Agency: DOT Landholding Agency: Army Building 6140 Property Number: 879440027 Property Number: 219610306 Fort Carson Status: Excess Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration Reason: Extensive deterioration. Landholding Agency: Army Comment: Land to be relinquished to BLM Building 2847 Property Number: 219610317 (Public Domain Land). Fort Carson Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Colorado Landholding Agency: Army Building 6251 Building 641 Property Number: 219610307 Fort Carson Fort Carson Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building 3450 Property Number: 219610318 Property Number: 219610297 Fort Carson Status: Unutilized Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Bldg. 34 Building 845 Property Number: 219610308 Grand Junction Projects Office Fort Carson Status: Unutilized Grand Junction Co: Mesa CO 81503– Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Landholding Agency: Energy Landholding Agency: Army Buildings 3562–3564 Property Number: 419540001 Property Number: 219610298 Fort Carson Status: Underutilized Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Reason: Other; Secured Area Reason: Extensive deterioration. Landholding Agency: Army Comment: Contamination. Buildings 1403, 1404 Property Number: 219610309 Bldg. 35 Fort Carson Status: Unutilized Grand Junction Projects Office Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Grand Junction Co: Mesa CO 81503– Landholding Agency: Army Buildings 3571–3572 Landholding Agency: Energy Property Number: 219610299 Fort Carson Property Number: 419540002 Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Status: Underutilized Reason: Extensive deterioration. Landholding Agency: Army Reason: Other; Secured Area Building 1440 Property Number: 219610310 Comment: Contamination. Fort Carson Status: Unutilized Bldg. 36 Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Grand Junction Projects Office Landholding Agency: Army Building 6048 Grand Junction Co: Mesa CO 81503– Property Number: 219610300 Fort Carson Landholding Agency: Energy Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Property Number: 419540003 Reason: Extensive deterioration. Landholding Agency: Army Status: Underutilized Reason: Other; Secured Area Buildings 1543–1547 Property Number: 219610311 Comment: Contamination. Fort Carson Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Alemeda Facility Landholding Agency: Army Building 6050 350 S. Santa Fe Drive Property Number: 219610301 Fort Carson Denver Co: Denver CO 80223– Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Landholding Agency: DOT Reason: Extensive deterioration. Landholding Agency: Army Property Number: 879010014 Status: Unutilized Building 2241 Property Number: 219610312 Reason: Other environmental Fort Carson Status: Unutilized Comment: Contamination. Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Landholding Agency: Army Building 6052 Connecticut Property Number: 219610302 Fort Carson Bldgs. 25 and 26 Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Prospect Hill Road Reason: Extensive deterioration. Landholding Agency: Army Windsor Co: Hartford CT 06095– Building 2245 Property Number: 219610313 Landholding Agency: Energy Fort Carson Status: Unutilized Property Number: 419440003 Fort Carson Co: El Paso CO 80913–5023 Reason: Extensive deterioration. Status: Excess Landholding Agency: Army Building 6095 Reason: Secured Area. Property Number: 219610303 Fort Carson 9 Bldgs. Status: Unutilized Fort Carson Co: El Paso CO 80913–5023 Knolls Atomic Power Lab, Windsor Site 15272 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Windsor Co: Hartford CT 06095– Reason: Secured Area; Floodway. Hunter Army Airfield Landholding Agency: Energy 9994 Water Pump Bldg. Savannah Co: Chatham GA 31409– Property Number: 419540004 Cape San Blas Landholding Agency: Army Status: Excess Port St. Joe Co: Gulf FL Property Number: 219610325 Reason: Secured Area. Landholding Agency: DOT Status: Unutilized Falkner Island Light Property Number: 879440015 Reason: Extensive deterioration. U.S. Coast Guard Status: Underutilized Building T–814 Guilford Co: New Haven CT 06512– Reason: Secured Area; Floodway. Hunter Army Airfield Landholding Agency: DOT Storage Bldg. Savannah Co: Chatham GA 31409– Property Number: 879240031 Cape San Blas Landholding Agency: Army Status: Unutilized Port St. Joe Co: Gulf FL Property Number: 219610326 Reason: Floodway. Landholding Agency: DOT Status: Unutilized Property Number: 879440016 Reason: Extensive deterioration. Florida Status: Underutilized Building T–7919 # Bldg. 3, Recreation Cottage Reason: Secured Area; Floodway. Fort Stewart USCG Station 9999 Storage Bldg. Hinesville Co: Liberty GA 31314– Marathon Co: Monroe FL 33050– Cape San Blas Landholding Agency: Army Landholding Agency: DOT Port St. Joe Co: Gulf FL Property Number: 219610328 Property Number: 879210008 Landholding Agency: DOT Status: Unutilized Status: Unutilized Property Number: 879440017 Reason: Extensive deterioration. Reason: Secured Area; Floodway. Status: Underutilized Building S–15005 Bldg. 103, Trumbo Point Reason: Secured Area; Floodway. Fort Stewart Key West Co: Monroe FL 33040– 3 Bldgs, and Land Hinesville Co: Liberty GA 31314– Landholding Agency: DOT Peanut Island Station Landholding Agency: Army Property Number: 879230001 Riveria Beach Co: Palm Beach FL 33419– Property Number: 219610329 Status: Unutilized 0909 Status: Unutilized Reason: Floodway; Secured Area. Landholding Agency: DOT Reason: Extensive deterioration. Exchange Building Property Number: 879510009 Building 2428 St. Petersburg Co: Pinellas FL 33701– Status: Unutilized Fort Gordon Landholding Agency: DOT Reason: Secured Area; Floodway. Fort Gordon Co: Richmond GA 30905– Property Number: 879410004 Georgia Landholding Agency: Army Status: Unutilized Building 9584 A & B Property Number: 219610330 Reason: Floodway. Fort Benning Status: Unutilized 9988 Keepers Quarters A Fort Benning Co: Muscogee GA 31905– Reason: Extensive deterioration. Cape San Blas Landholding Agency: Army Building 19802 Port St. Joe Co: Gulf FL Property Number: 219610319 Fort Gordon Landholding Agency: DOT Status: Unutilized Fort Gordon Co: Richmond GA 30905– Property Number: 879440009 Reason: Extensive deterioration. Landholding Agency: Army Status: Underutilized Building 10047 Property Number: 219610331 Reason: Secured Area; Floodway. Fort Benning Status: Unutilized 9989 Keepers Quarters B Fort Benning Co: Muscogee GA 31905– Reason: Extensive deterioration. Cape San Blas Landholding Agency: Army Building 29306 Port St. Joe Co: Gulf FL Property Number: 219610320 Fort Gordon Landholding Agency: DOT Status: Unutilized Fort Gordon Co: Richmond GA 30905– Property Number: 879440010 Reason: Extensive deterioration. Landholding Agency: Army Status: Underutilized Building 10318 A & B Property Number: 219610332 Reason: Secured Area; Floodway. Fort Benning Status: Unutilized 9990 Bldg. Fort Benning Co: Muscogee GA 31905– Reason: Extensive deterioration. Cape San Blas Landholding Agency: Army Building 33801 Port St. Joe Co: Gulf FL Property Number: 219610321 Fort Gordon Landholding Agency: DOT Status: Unutilized Fort Gordon Co: Richmond GA 30905– Property Number: 879440011 Reason: Extensive deterioration. Landholding Agency: Army Status: Underutilized Building 10605 A–D Property Number: 219610333 Reason: Secured Area; Floodway. Fort Benning Status: Unutilized 9991 Plant Bldg. Fort Benning Co: Muscogee GA 31905– Reason: Extensive deterioration. Cape San Blas Landholding Agency: Army Building 71201 Port St. Joe Co: Gulf FL Property Number: 219610322 Fort Gordon Landholding Agency: DOT Status: Unutilized Fort Gordon Co: Richmond GA 30905– Property Number: 879440012 Reason: Extensive deterioration. Landholding Agency: Army Status: Underutilized Building 10817 A–D Property Number: 219610334 Reason: Secured Area; Floodway. Fort Benning Status: Unutilized 9992 Shop Bldg. Fort Benning Co: Muscogee GA 31905– Reason: Extensive deterioration. Cape San Blas Landholding Agency: Army Building 91201 Port St. Joe Co: Gulf FL Property Number: 219610323 Fort Gordon Landholding Agency: DOT Status: Unutilized Fort Gordon Co: Richmond GA 30905– Property Number: 879440013 Reason: Extensive deterioration. Landholding Agency: Army Status: Underutilized Building 10985 Property Number: 219610335 Reason: Secured Area; Floodway. Fort Benning Status: Unutilized 9993 Admin. Bldg. Fort Benning Co: Muscogee GA 31905– Reason: Extensive deterioration. Cape San Blas Landholding Agency: Army Building 91203 Port St. Joe Co: Gulf FL Property Number: 219610324 Fort Gordon Landholding Agency: DOT Status: Unutilized Fort Gordon Co: Richmond GA 30905– Property Number: 879440014 Reason: Extensive deterioration. Landholding Agency: Army Status: Underutilized Building T–718 Property Number: 219610336 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15273

Status: Unutilized Landholding Agency: DOT Building 681 Reason: Extensive deterioration. Property Number: 879540002 Camp Atterbury Building 91205 Status: Unutilized Edinburgh IN 46124– Fort Gordon Reason: Extensive deterioration. Landholding Agency: Army Fort Gordon Co: Richmond GA 30905– Hawaii Property Number: 219610355 Status: Landholding Agency: Army Building T–1087A Property Number: 219610337 Reason: Secured Area; Extensive Schofield Barracks deterioration. Status: Unutilized Wahiawa HI 96786– Reason: Extensive deterioration. Landholding Agency: Army Building 682 Building 91206 Property Number: 219610347 Camp Atterbury Fort Gordon Status: Unutilized Edinburgh IN 46124– Fort Gordon Co: Richmond GA 30905– Reason: Extensive deterioration. Landholding Agency: Army Property Number: 219610356 Landholding Agency: Army Building T–1305 Status: Property Number: 219610338 Wheeler Army Airfield Reason: Secured Area; Extensive Status: Unutilized Wahiawa HI 96786– deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building 91209 Property Number: 219610348 Building 683 Fort Gordon Status: Unutilized Camp Atterbury Fort Gordon Co: Richmond GA 30905– Reason: Extensive deterioration. Edinburgh IN 46124– Landholding Agency: Army Landholding Agency: Army Facility T–1518 Property Number: 219610339 Fort Shafter Property Number: 219610357 Status: Unutilized Honolulu HI 96819– Status: Reason: Extensive deterioration. Landholding Agency: Army Reason: Secured Area; Extensive Building 91211 Property Number: 219610349 deterioration. Fort Gordon Status: Unutilized Building 684 Fort Gordon Co: Richmond GA 30905– Reason: Extensive deterioration. Camp Atterbury Landholding Agency: Army Facility T–1521 Edinburgh IN 46124– Property Number: 219610340 Fort Shafter Landholding Agency: Army Status: Unutilized Honolulu HI 96858– Property Number: 219610358 Reason: Extensive deterioration. Landholding Agency: Army Status: Building 91601 Property Number: 219610350 Reason: Secured Area; Extensive Fort Gordon Status: Unutilized deterioration. Fort Gordon Co: Richmond GA 30905– Reason: Floodway. Building 685 Landholding Agency: Army Illinois Camp Atterbury Property Number: 219610341 Edinburgh IN 46124– Calumet Harbor Station Status: Unutilized Landholding Agency: Army U.S. Coast Guard Reason: Extensive deterioration. Property Number: 219610359 Chicago Co: Cook IL Status: Building 91602 Landholding Agency: DOT Reason: Secured Area; Extensive Fort Gordon Property Number: 879310005 deterioration. Fort Gordon Co: Richmond GA 30905– Status: Excess Landholding Agency: Army Reason: Secured Area. Building 694 Property Number: 219610342 Camp Atterbury Indiana Status: Unutilized Edinburgh IN 46124– Reason: Extensive deterioration. Building 658 Landholding Agency: Army Building 91603 Camp Atterbury Property Number: 219610360 Fort Gordon Edinburgh IN 46124– Status: Fort Gordon Co: Richmond GA 30905– Landholding Agency: Army Reason: Secured Area; Extensive Landholding Agency: Army Property Number: 219610351 deterioration. Status: Unutilized Property Number: 219610343 Building 695 Reason: Secured Area; Extensive Status: Unutilized Camp Atterbury deterioration. Reason: Extensive deterioration. Edinburgh IN 46124– Building 91604 Building 665 Landholding Agency: Army Fort Gordon Camp Atterbury Property Number: 219610361 Edinburgh IN 46124– Fort Gordon Co: Richmond GA 30905– Status: Landholding Agency: Army Landholding Agency: Army Reason: Secured Area; Extensive Property Number: 219610352 Property Number: 219610344 deterioration. Status: Unutilized Status: Unutilized Reason: Secured Area; Extensive Building 696 Reason: Extensive deterioration. deterioration. Camp Atterbury Building 91610 Edinburgh IN 46124– Building 666 Fort Gordon Landholding Agency: Army Camp Atterbury Fort Gordon Co: Richmond GA 30905– Edinburgh IN 46124– Property Number: 219610362 Landholding Agency: Army Landholding Agency: Army Status: Property Number: 219610345 Property Number: 219610353 Reason: Secured Area; Extensive Status: Unutilized Status: deterioration. Reason: Extensive deterioration. Reason: Secured Area; Extensive Building 697 Building A1202 deterioration. Camp Atterbury Fort Gordon Building 680 Edinburgh IN 46124– Fort Gordon Co: Richmond GA 30905– Camp Atterbury Landholding Agency: Army Landholding Agency: Army Edinburgh IN 46124– Property Number: 219610363 Property Number: 219610346 Landholding Agency: Army Status: Status: Unutilized Property Number: 219610354 Reason: Extensive deterioration. Reason: Extensive deterioration. Status: Building 6102 Coast Guard Station Reason: Secured Area; Extensive Camp Atterbury St. Simons Island Co: Glynn GA 31522–0577 deterioration. Edinburgh IN 46124– 15274 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Landholding Agency: Army Indiana Army Ammunition Plant Status: Unutilized Property Number: 219610364 Charlestown Co: Clark IN 47111– Reason: Within 2000 ft. of flammable or Status: Landholding Agency: Army explosive material; Secured Area. Reason: Secured Area; Extensive Property Number: 219610374 Bldgs. 229–147, 229–149, 229–151 deterioration. Status: Unutilized Indiana Army Ammunition Plant Building 6120 Reason: Within 2000 ft. of flammable or Charlestown Co: Clark IN 47111– Camp Atterbury explosive material; Secured Area. Landholding Agency: Army Edinburgh IN 46124– Building 228–06 Property Number: 219610383 Landholding Agency: Army Indiana Army Ammunition Plant Status: Unutilized Property Number: 219610365 Charlestown Co: Clark IN 47111– Reason: Within 2000 ft. of flammable or Status: Landholding Agency: Army explosive material; Secured Area. Reason: Secured Area; Extensive Property Number: 219610375 Bldgs. 229–161, 229–162 deterioration. Status: Unutilized Indiana Army Ammunition Plant Building 6121 Reason: Within 2000 ft. of flammable or Charlestown Co: Clark IN 47111– Camp Atterbury explosive material; Secured Area. Landholding Agency: Army Edinburgh IN 46124– 20–229–000 Series Shipping Property Number: 219610384 Landholding Agency: Army Indiana Army Ammunition Plant Status: Unutilized Property Number: 219610366 Charlestown Co: Clark IN 47111– Reason: Within 2000 ft. of flammable or Status: Location: Series Shipping Houses explosive material; Secured Area. Reason: Secured Area; Extensive Landholding Agency: Army Bldgs. 1501, 1502, 1524 deterioration. Property Number: 219610376 Indiana Army Ammunition Plant TC–100 Status: Unutilized Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Landholding Agency: Army Charlestown Co: Clark IN 47111– explosive material; Secured Area. Property Number: 219610385 Landholding Agency: Army (18) 229–000 Series Shipping Status: Unutilized Property Number: 219610367 Indiana Army Ammunition Plant Reason: Secured Area. Status: Unutilized Charlestown Co: Clark IN 47111– 10 Buildings Reason: Secured Area. Location: Series Shipping Houses Indiana Army Ammunition Plant Building TC–103 Landholding Agency: Army Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant Property Number: 219610377 Location: 1505–1507, 1513, 1523, 1528, 1529, Charlestown Co: Clark IN 47111– Status: Unutilized 1533–1535 Landholding Agency: Army Reason: Secured Area. Landholding Agency: Army Property Number: 219610368 (12) 229–000 Series Shipping Property Number: 219610386 Status: Unutilized Indiana Army Ammunition Plant Status: Reason: Secured Area. Charlestown Co: Clark IN 47111– Reason: Secured Area. Building TC–104 Location: Series Shipping Houses Buildings 1508, 1509 Indiana Army Ammunition Plant Landholding Agency: Army Indiana Army Ammunition Plant Charlestown Co: Clark IN 47111– Property Number: 219610378 Charlestown Co: Clark IN 47111– Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 219610369 Reason: Within 2000 ft. of flammable or Property Number: 219610387 Status: Unutilized explosive material; Secured Area. Status: Reason: Secured Area. Reason: Secured Area. (7) 229–000 Series Shipping Buildings TC–110, 111 Indiana Army Ammunition Plant Building 1511 Indiana Army Ammunition Plant Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant Charlestown Co: Clark IN 47111– Location: Series Shipping Houses Charlestown Co: Clark IN 47111– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 219610370 Property Number: 219610379 Property Number: 219610388 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area. Reason: Within 2000 ft. of flammable or Reason: Secured Area. Buildings 227–6, 227–8, 227–12 explosive material; Secured Area. 5 Buildings Indiana Army Ammunition Plant (28) 229–000 Series Shipping Indiana Army Ammunition Plant Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant Charlestown Co: Clark IN 47111– Landholding Agency: Army Charlestown Co: Clark IN 47111– Location: 1514, 1515, 1521, 1522, 1532 Property Number: 219610371 Location: Series Shipping Houses Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 219610389 Reason: Within 2000 ft. of flammable or Property Number: 219610380 Status: Unutilized explosive material; Secured Area. Status: Unutilized Reason: Secured Area. Building 227–10 Reason: Within 2000 ft. of flammable or Buildings 1525, 1531 Indiana Army Ammunition Plant explosive material; Secured Area. Indiana Army Ammunition Plant Charlestown Co: Clark IN 47111– (14) 229–000 Series Shipping Charlestown Co: Clark IN 47111– Landholding Agency: Army Indiana Army Ammunition Plant Landholding Agency: Army Property Number: 219610372 Charlestown Co: Clark IN 47111– Property Number: 219610390 Status: Unutilized Location: Series Shipping Houses Status: Unutilized Reason: Within 2000 ft. of flammable or Landholding Agency: Army Reason: Secured Area. explosive material; Secured Area. Property Number: 219610381 Building 2521 Building 228–1 Status: Unutilized Indiana Army Ammunition Plant Indiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Charlestown Co: Clark IN 47111– Charlestown Co: Clark IN 47111– explosive material; Secured Area. Landholding Agency: Army Landholding Agency: Army (10) 229–000 Series Shipping Property Number: 219610391 Property Number: 219610373 Indiana Army Ammunition Plant Status: Status: Unutilized Charlestown Co: Clark IN 47111– Reason: Secured Area. Reason: Within 2000 ft. of flammable or Location: Series Shipping Houses Building 2532 explosive material; Secured Area. Landholding Agency: Army Indiana Army Ammunition Plant Building 228–1A Property Number: 219610382 Charlestown Co: Clark IN 47111– Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15275

Landholding Agency: Army Reason: Secured Area. Status: Unutilized Property Number: 219610392 Building 3316 Reason: Within 2000 ft. of flammable or Status: Unutilized Indiana Army Ammunition Plant explosive material; Secured Area. Reason: Secured Area. Charlestown Co: Clark IN 47111– Buildings 7433, 7435 Building 2551 Landholding Agency: Army Indiana Army Ammunition Plant Indiana Army Ammunition Plant Property Number: 219610403 Charlestown Co: Clark IN 47111– Charlestown Co: Clark IN 47111– Status: Unutilized Landholding Agency: Army Landholding Agency: Army Reason: Secured Area. Property Number: 219610413 Property Number: 219610393 Building 3816 Status: Unutilized Status: Unutilized Indiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Reason: Secured Area. Charlestown Co: Clark IN 47111– explosive material; Secured Area. Building 2561 Landholding Agency: Army Iowa Indiana Army Ammunition Plant Property Number: 219610404 Buildings 765 Charlestown Co: Clark IN 47111– Status: Unutilized Iowa Army Ammunition Plant Landholding Agency: Army Reason: Secured Area. Middletown IA 52638– Property Number: 219610394 Buildings 4801–4803 Landholding Agency: Army Status: Unutilized Indiana Army Ammunition Plant Property Number: 219610414 Reason: Secured Area. Charlestown Co: Clark IN 47111– Status: Unutilized Building 2616 Landholding Agency: Army Reason: Secured Area. Indiana Army Ammunition Plant Property Number: 219610405 Kansas Charlestown Co: Clark IN 47111– Status: Unutilized Landholding Agency: Army Reason: Within 2000 ft. of flammable or D–158, D–Line, 50 Facilities Property Number: 219610395 explosive material; Secured Area. Sunflower Army Ammunition Plant Status: Unutilized 133—5000 Series DeSoto Co: Johnson KS 66018– Reason: Secured Area. Indiana Army Ammunition Plant Landholding Agency: Army Buildings 2642, 2642–A Charlestown Co: Clark IN 47111– Property Number: 219610415 Indiana Army Ammunition Plant Location: Smokeless Powder Igloos Status: Unutilized Charlestown Co: Clark IN 47111– Landholding Agency: Army Reason: Within 2000 ft. of flammable or Landholding Agency: Army Property Number: 219610406 explosive material; Secured Area. Property Number: 219610396 Status: Unutilized D–168, E–Line, 44 Facilities Status: Unutilized Reason: Within 2000 ft. of flammable or Sunflower Army Ammunition Plant Reason: Secured Area. explosive material; Secured Area. DeSoto Co: Johnson KS 66018– Building 2662 (40)—5000 Series Landholding Agency: Army Indiana Army Ammunition Plant Indiana Army Ammunition Plant Property Number : 219610416 Charlestown Co: Clark IN 47111– Charlestown Co: Clark IN 47111– Status: Unutilized Landholding Agency: Army Location: Smokeless Powder Igloos Reason: Within 2000 ft. of flammable or Property Number: 219610397 Landholding Agency: Army explosive material; Secured Area. Status: Unutilized Property Number: 219610407 D–167, D–Line, 75 Facilities Reason: 2000 ft. of flammable or explosive Status: Unutilized Sunflower Army Ammunition Plant material; Secured Area. Reason: Within 2000 ft. of flammable or DeSoto Co: Johnson KS 66018– Building 2737–2 explosive material; Secured Area. Landholding Agency: Army Indiana Army Ammunition Plant Building 6302–H Property Number: 219610417 Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant Status: Unutilized Landholding Agency: Army Charlestown Co: Clark IN 47111– Reason: Within 2000 ft. of flammable or Property Number: 219610398 Landholding Agency: Army explosive material; Floodway; Secured Area. Status: Unutilized Property Number: 219610408 Reason: Secured Area. Status: Unutilized D–166, BEC Line 50 Facilities Sunflower Army Ammunition Plant Building 3016 Reason: Secured Area. Desoto Co: Johnson KS 66018– Indiana Army Ammunition Plant Building 6609 Landholding Agency: Army Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant Property Number: 219610418 Landholding Agency: Army Charlestown Co: Clark IN 47111– Status: Unutilized Property Number: 219610399 Landholding Agency: Army Reason: Within 2000 ft. of flammable or Status: Unutilized Property Number: 219610409 explosive material; Floodway; Secured Reason: Secured Area. Status: Unutilized Area. Reason: Secured Area. Building 3021–A D–165, Solvent Area Indiana Army Ammunition Plant Buildings 6655–6656 Sunflower Army Ammunition Plant Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant DeSoto Co: Johnson KS 66018– Landholding Agency: Army Charlestown Co: Clark IN 47111– Location: 22 facilities Property Number: 219610400 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 219610410 Property Number: 219610419 Reason: Secured Area. Status: Unutilized Status: Unutilized Building 3021–B Reason: Secured Area. Reason: Within 2000 ft. of flammable or Indiana Army Ammunition Plant Buildings 7428–7429 explosive material; Floodway; Secured Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant Area. Landholding Agency: Army Charlestown Co: Clark IN 47111– D–164, 60 Facilities Property Number: 219610401 Landholding Agency: Army Sunflower Army Ammunition Plant Status: Unutilized Property Number: 219610411 DeSoto Co: Johnson KS 66018– Reason: Secured Area. Status: Unutilized Location: Chg. Hse E. Shop Area Building 3021–C Reason: Secured Area. Landholding Agency: Army Indiana Army Ammunition Plant Buildings 7432, 7434 Property Number: 219610420 Charlestown Co: Clark IN 47111– Indiana Army Ammunition Plant Status: Unutilized Landholding Agency: Army Charlestown Co: Clark IN 47111– Reason: Within 2000 ft. of flammable or Property Number: 219610402 Landholding Agency: Army explosive material; Floodway; Secured Status: Unutilized Property Number: 219610412 Area. 15276 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

D–163, Solvent Area, DeSoto Co: Johnson KS 66018– Reason: Within 2000 ft. of flammable or Sunflower Army Ammunition Plant Landholding Agency: Army explosive material; Floodway; Secured DeSoto Co: Johnson KS 66018– Property Number: 219610429 Area. Location: 13 Facilities Status: Unutilized D–180, Chemical Lines Landholding Agency: Army Reason: Within 2000 ft. of flammable or Sunflower Army Ammunition Plant Property Number: 219610421 explosive material; Floodway; Secured DeSoto Co: Johnson KS 66018– Status: Unutilized Area. Location: 9 Facilities Reason: Within 2000 ft. of flammable or D–173, F-Line, 175 Facilities Landholding Agency: Army explosive material; Floodway; Secured Sunflower Army Ammunition Plant Property Number: 219610437 Area. DeSoto Co: Johnson KS 66018– Status: Unutilized D–162, NG 79 Facilities Landholding Agency: Army Reason: Within 2000 ft. of flammable or Sunflower Army Ammunition Plant Property Number: 219610430 explosive material; Floodway; Secured DeSoto Co: Johnson KS 66018– Status: Unutilized Area. Landholding Agency: Army Reason: Within 2000 ft. of flammable or Building T–651 Property Number: 219610422 explosive material; Floodway; Secured Fort Riley Status: Unutilized Area. Fort Riley Co: Geary KS 66442– Reason: Within 2000 ft. of flammable or Landholding Agency: Army D–172, PAD & G-Line, explosive material; Floodway; Secured Property Number: 219610438 Area. Sunflower Army Ammunition Plant Status: Unutilized DeSoto Co: Johnson KS 66018– Reason: Extensive deterioration. D–161, NG&G Line, 37 Facilities Location: 58 Facilities Sunflower Army Ammunition Plant Landholding Agency: Army Building T–653 DeSoto Co: Johnson KS 66018– Fort Riley Property Number: 219610431 Landholding Agency: Army Fort Riley Co: Geary KS 66442– Status: Unutilized Property Number: 219610423 Landholding Agency: Army Reason: Within 2000 ft. of flammable or Status: Unutilized Property Number: 219610439 explosive material; Floodway; Secured Reason: Within 2000 ft. of flammable or Status: Unutilized explosive material; Floodway; Secured Area. Reason: Extensive deterioration. Area. D–171, Ballistics, Building T–655 D–160, NG & Paste, 91 Facilities Sunflower Army Ammunition Plant Fort Riley Sunflower Army Ammunition Plant DeSoto Co: Johnson KS 66018– Fort Riley Co: Geary KS 66442– DeSoto Co: Johnson KS 66018– Location: 22 Facilities Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 219610440 Property Number: 219610424 Property Number: 219610432 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Reason: Within 2000 ft. of flammable or Building S–657 explosive material; Floodway; Secured explosive material; Floodway; Secured Fort Riley Area. Area. Fort Riley Co: Geary KS 66442– D–159, E-Line, 56 Facilities D–170, New Paste Area, Landholding Agency: Army Sunflower Army Ammunition Plant Sunflower Army Ammunition Plant Property Number: 219610441 DeSoto Co: Johnson KS 66018– DeSoto Co: Johnson KS 66018– Status: Unutilized Landholding Agency: Army Location: 27 Facilities Reason: Extensive deterioration. Property Number: 219610425 Landholding Agency: Army Building S–659 Status: Unutilized Property Number: 219610433 Fort Riley Reason: Within 2000 ft. of flammable or Status: Unutilized Fort Riley Co: Geary KS 66442– explosive material; Secured Area. Reason: Within 2000 ft. of flammable or Landholding Agency: Army D–177, South Acid, 52 Facilities explosive material; Floodway; Secured Property Number: 219610442 Sunflower Army Ammunition Plant Area. Status: Unutilized DeSoto Co: Johnson KS 66018– D–169, New Mech Roll Reason: Extensive deterioration. Landholding Agency: Army Sunflower Army Ammunition Plant Building S–660 Property Number: 219610426 DeSoto Co: Johnson KS 66018– Fort Riley Status: Unutilized Location: 41 Facilities Fort Riley Co: Geary KS 66442– Reason: Within 2000 ft. of flammable or Landholding Agency: Army Landholding Agency: Army explosive material; Floodway; Secured Property Number: 219610434 Property Number: 219610443 Area. Status: Unutilized Status: Unutilized D–176, Magazines, 93 Facilities Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration. Sunflower Army Ammunition Plant explosive material; Floodway; Secured Building S–661 DeSoto Co: Johnson KS 66018– Area. Fort Riley Landholding Agency: Army D–178, Burning Ground & EMI Fort Riley Co: Geary KS 66442– Property Number: 219610427 Sunflower Army Ammunition Plant Landholding Agency: Army Status: Unutilized DeSoto Co: Johnson KS 66018– Property Number: 219610444 Reason: Within 2000 ft. of flammable or Location: 18 Facilities Status: Unutilized explosive material; Floodway; Secured Landholding Agency: Army Reason: Extensive deterioration. Area. Property Number: 219610435 Building S–662 D–175, FAD, 178 Facilities Status: Unutilized Fort Riley Sunflower Army Ammunition Plant Reason: Within 2000 ft. of flammable or Fort Riley Co: Geary KS 66442– DeSoto Co: Johnson KS 66018– explosive material; Floodway; Secured Landholding Agency: Army Landholding Agency: Army Area. Property Number: 219610445 Property Number: 219610428 D–179, Solvent Area Status: Unutilized Status: Unutilized Sunflower Army Ammunition Plant Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or DeSoto Co: Johnson KS 66018– Building S–663 explosive material; Floodway; Secured Location: 49 Facilities Fort Riley Area. Landholding Agency: Army Fort Riley Co: Geary KS 66442– D–174, N-Line, 135 Facilities Property Number: 219610436 Landholding Agency: Army Sunflower Army Ammunition Plant Status: Unutilized Property Number: 219610446 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15277

Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2071 Building S–665 Property Number: 219610457 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2057 Property Number: 219610468 Property Number: 219610447 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2072 Building S–667 Property Number: 219610458 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2058 Property Number: 219610613 Property Number: 219610448 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2073 Building S–669 Property Number: 219610459 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2059 Property Number: 219610614 Property Number: 219610449 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2074 Building S–1202 Property Number: 219610460 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2062 Property Number: 219610615 Property Number: 219610450 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2075 Building T–2050 Property Number: 219610461 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2063 Property Number: 219610616 Property Number: 219610451 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2076 Building T–2051 Property Number: 219610462 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2065 Property Number: 219610617 Property Number: 219610452 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2077 Building T–2052 Property Number: 219610463 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2068 Property Number: 219610618 Property Number: 219610453 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2078 Building T–2053 Property Number: 219610464 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2069 Property Number: 219610619 Property Number: 219610454 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Buildings T–2250, T–2251 Building T–2054 Property Number: 219610465 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2070 Property Number: 219610620 Property Number: 219610455 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Buildings T–2259 thru T–2264 Building T–2055 Property Number: 219610466 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Building T–2079 Property Number: 219610621 Property Number: 219610456 Fort Riley Status: Unutilized Status: Unutilized Fort Riley Co: Geary KS 66442– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army Building T–2271 Building T–2056 Property Number: 219610467 Fort Riley Fort Riley Status: Unutilized Fort Riley Co: Geary KS 66442– 15278 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Landholding Agency: Army Reason: Extensive deterioration. Doyline Co: Webster LA 71023– Property Number: 219610622 Building 02617 Landholding Agency: Army Status: Unutilized Fort Campbell Property Number: 219610056 Reason: Extensive deterioration. Fort Campbell Co: Christian KY 42223– Status: Unutilized Building T–2325 Landholding Agency: Army Reason: Within 2000 ft. of flammable or Fort Riley Property Number: 219610633 explosive material; Extensive deterioration. Fort Riley Co: Geary KS 66442– Status: Unutilized Bldg. L2453 Landholding Agency: Army Reason: Extensive deterioration. Louisiana Army Ammunition Plant Property Number: 219610623 Buildings 2638, 2640 Doyline Co: Webster LA 71023– Status: Unutilized Fort Campbell Landholding Agency: Army Reason: Extensive deterioration. Fort Campbell Co: Christian KY 42223– Property Number: 219610057 Building T–2327 Landholding Agency: Army Status: Unutilized Fort Riley Property Number: 219610634 Reason: Within 2000 ft. of flammable or Fort Riley Co: Geary KS 66442– Status: Unutilized explosive material; Secured Area. Landholding Agency: Army Reason: Extensive deterioration. Bldg. G–0822 Property Number: 219610624 Louisiana Louisiana Army Ammunition Plant Status: Unutilized Doyline Co: Webster LA 71023– Reason: Extensive deterioration. Bldg. D1247 Landholding Agency: Army Louisiana Army Ammunition Plant Building T–2337 Property Number: 219610058 Doyline Co: Webster LA 71023– Fort Riley Status: Unutilized Landholding Agency: Army Fort Riley Co: Geary KS 66442– Reason: Within 2000 ft. of flammable or Property Number: 219610049 Landholding Agency: Army explosive material; Secured Area. Status: Unutilized Property Number: 219610625 Reason: Within 2000 ft. of flammable or Bldgs. A–0152, A–0158 Status: Unutilized explosive material; Extensive deterioration. Louisiana Army Ammunition Plant Reason: Extensive deterioration. Doyline Co: Webster LA 71023– Bldg. D1253 Buildings P–7175, P–7176 Landholding Agency: Army Louisiana Army Ammunition Plant Fort Riley Property Number: 219610059 Doyline Co: Webster LA 71023– Fort Riley Co: Geary KS 66442– Status: Unutilized Landholding Agency: Army Landholding Agency: Army Reason: Within 2000 ft. of flammable or Property Number: 219610050 Property Number: 219610626 explosive material; Secured Area. Status: Unutilized Status: Unutilized Reason: Within 2000 ft. of flammable or Bldg. S–1636 Reason: Extensive deterioration. explosive material; Extensive deterioration. Louisiana Army Ammunition Plant Building P–9195 Doyline Co: Webster LA 71023– Bldg. E1727 Fort Riley Louisiana Army Ammunition Plant Landholding Agency: Army Fort Riley Co: Geary KS 66442– Doyline Co: Webster LA 71023– Property Number: 219610060 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 219610627 Property Number: 219610051 Reason: Within 2000 ft. of flammable or Status: Unutilized Status: Unutilized explosive material; Secured Area. Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Bldg. S–1635 Building T–9280 explosive material; Extensive deterioration. Louisiana Army Ammunition Plant Fort Riley Bldg. G0802 Doyline Co: Webster LA 71023– Fort Filey Co: Geary KS 66442– Louisiana Army Ammunition Plant Landholding Agency: Army Landholding Agency: Army Doyline Co: Webster LA 71023– Property Number: 219610061 Property Number: 219610628 Landholding Agency: Army Status: Underutilized Status: Unutilized Property Number: 219610052 Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration. Status: Unutilized explosive material; Secured Area. Building T–9284 Reason: Within 2000 ft. of flammable or Bldg. E–1730 Fort Riley explosive material; Extensive deterioration. Louisiana Army Ammunition Plant Fort Filey Co: Geary KS 66442– Bldg. H0900 Doyline Co: Webster LA 71023– Landholding Agency: Army Louisiana Army Ammunition Plant Landholding Agency: Army Property Number: 219610629 Doyline Co: Webster LA 71023– Property Number: 219610062 Status: Unutilized Landholding Agency: Army Status: Underutilized Reason: Extensive deterioration. Property Number: 219610053 Reason: Within 2000 ft. of flammable or Building T–9285 Status: Unutilized explosive material; Secured Area. Fort Riley Reason: Within 2000 ft. of flammable or Bldg. D–1237 Fort Filey Co: Geary KS 66442– explosive material; Extensive deterioration. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. C1300, C1346, D1200 Doyline Co: Webster LA 71023– Property Number: 219610630 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610063 Reason: Extensive deterioration. Landholding Agency: Army Status: Underutilized Building T–9390 Property Number: 219610054 Reason: Within 2000 ft. of flammable or Fort Riley Status: Unutilized explosive material; Secured Area. Fort Filey Co: Geary KS 66442– Reason: Within 2000 ft. of flammable or Bldg. C–1344 Landholding Agency: Army explosive material; Extensive deterioration. Louisiana Army Ammunition Plant Property Number: 219610631 Bldgs. S1600, S1606 Doyline Co: Webster LA 71023– Status: Unutilized Louisiana Army Ammunition Plant Landholding Agency: Army Reason: Extensive deterioration. Doyline Co: Webster LA 71023– Property Number: 219610064 Kentucky Landholding Agency: Army Status: Underutilized Building 02603 Property Number: 219610055 Reason: Within 2000 ft. of flammable or Fort Campbell Status: Unutilized explosive material; Secured Area. Fort Campbell Co: Christian KY 42223– Reason: Within 2000 ft. of flammable or Bldg. C–1309 Landholding Agency: Army explosive material; Extensive deterioration. Louisiana Army Ammunition Plant Property Number: 219610632 Bldg. M2700 Doyline Co: Webster LA 71023– Status: Unutilized Louisiana Army Ammunition Plant Landholding Agency: Army Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15279

Property Number: 219610065 Reason: Within 2000 ft. of flammable or Bldgs. X–5079, X–5087 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. S–1605 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. B–1461 Doyline Co: Webster LA 71023– Property Number: 219610084 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610075 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610066 Reason: Within 2000 ft. of flammable or Bldg. T–400 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. A–118 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. S–1604 Doyline Co: Webster LA 71023– Property Number: 219610085 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610076 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610067 Reason: Within 2000 ft. of flammable or Bldg. S–1601 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. A–144 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. A–117 Doyline Co: Webster LA 71023– Property Number: 219610086 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610077 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610068 Reason: Within 2000 ft. of flammable or Bldgs. K–1101, K–1103 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. A–129 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. S–1620, S–1621 Doyline Co: Webster LA 71023– Property Number: 219610087 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610078 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610069 Reason: Within 2000 ft. of flammable or Bldg. J–1002 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. A–116 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. A–120 Doyline Co: Webster LA 71023– Property Number: 219610088 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610079 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610070 Reason: Within 2000 ft. of flammable or Bldgs. G–801, G–803 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. B–1421 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. A–114 Doyline Co: Webster LA 71023– Property Number: 219610089 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610080 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610071 Reason: Within 2000 ft. of flammable or Bldgs. E–1701, E–1703, E–1704 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. B–1402 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. S–1602 Doyline Co: Webster LA 71023– Property Number: 219610090 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610081 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610072 Reason: Within 2000 ft. of flammable or Bldgs. D–1201, D–1203 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. H–901, H–924 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. M–2701 Doyline Co: Webster LA 71023– Property Number: 219610091 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610082 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610073 Reason: Within 2000 ft. of flammable or Bldgs. S–1612, S–1618, S–1615 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. C–1301, C–1303 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. C–1310 Doyline Co: Webster LA 71023– Property Number: 219610092 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610083 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610074 Reason: Within 2000 ft. of flammable or Bldgs. C–1360, C–1365 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant 15280 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Doyline Co: Webster LA 71023– Property Number: 219610102 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610093 Reason: Within 2000 ft. of flammable or Bldgs. D–1221, D–1224 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. A–100 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. K–1120 Doyline Co: Webster LA 71023– Property Number: 219610112 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610103 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610094 Reason: Within 2000 ft. of flammable or Bldgs. X–5058, X–5085, X–5090 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. S–1613 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. D–1249, D–1250 Doyline Co: Webster LA 71023– Property Number: 219610113 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610104 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610095 Reason: Within 2000 ft. of flammable or Bldg. T–0403 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. K–1105, K–1111, K–1110 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. S–1603 Doyline Co: Webster LA 71023– Property Number: 219610114 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610105 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610096 Reason: Within 2000 ft. of flammable or Bldg. J–1011 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. B–1469 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. 0–1503 Doyline Co: Webster LA 71023– Property Number: 219610115 Status: Unutilized Louisiana Army Ammunition Plant Landholding Agency: Army Reason: Within 2000 ft. of flammable or Doyline Co: Webster LA 71023– Property Number: 219610106 explosive material; Secured Area. Landholding Agency: Army Status: Unutilized Property Number: 219610097 Reason: Within 2000 ft. of flammable or 4 Bldgs. Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant X–5013, X–5043, X–5083, X–5091 Reason: Within 2000 ft. of flammable or Bldg. A–149 explosive material; Secured Area. Doyline Co: Webster LA 71023– Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. K–1100 Doyline Co: Webster LA 71023– Property Number: 219610116 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610107 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610098 Reason: Within 2000 ft. of flammable or Status: Unutilized explosive material; Secured Area. Bldg. M–0620 Reason: Within 2000 ft. of flammable or Louisiana Army Ammunition Plant Bldgs. D–1210, D–1212, D–1215 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. J–1001 Doyline Co: Webster LA 71023– Property Number: 219610117 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610108 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610099 Reason: Within 2000 ft. of flammable or Bldgs. D–1262, D–1263, D–1264 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. G–808, G–810 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. E–1702 Doyline Co: Webster LA 71023– Property Number: 219610118 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610109 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610100 Reason: Within 2000 ft. of flammable or Bldg. C–1370 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. C–1329, C–1332, C–1348 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. D–1202 Doyline Co: Webster LA 71023– Property Number: 219610119 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610110 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610101 Reason: Within 2000 ft. of flammable or Bldgs. L–2357, L–2358, L–2461 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. J–1006, J–1008 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. C–1302 Doyline Co: Webster LA 71023– Property Number: 219610120 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610111 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15281

5 Bldgs. Reason: Within 2000 ft. of flammable or Bldg. D–1239 Louisiana Army Ammunition Plant explosive material; Secured Area. Louisiana Army Ammunition Plant X–5069, X–5071, X–5077, X–5078, X–5084 Bldg. Y–2621 Doyline Co: Webster LA 71023– Doyline Co: Webster LA 71023– Louisiana Army Ammunition Plant Landholding Agency: Army Landholding Agency: Army Doyline Co: Webster LA 71023– Property Number: 219610139 Property Number: 219610121 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 219610130 Reason: Within 2000 ft. of flammable or Reason: Within 2000 ft. of flammable or Status: Unutilized explosive material; Secured Area. explosive material; Secured Area. Reason: Within 2000 ft. of flammable or Bldg. E–1732 Bldg. A–134 explosive material; Secured Area. Louisiana Army Ammunition Plant Louisiana Army Ammunition Plant Bldg. D–1256 Doyline Co: Webster LA 71023– Doyline Co: Webster LA 71023– Louisiana Army Ammunition Plant Landholding Agency: Army Landholding Agency: Army Doyline Co: Webster LA 71023– Property Number: 219610140 Property Number: 219610122 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 219610131 Reason: Within 2000 ft. of flammable or Reason: Within 2000 ft. of flammable or Status: Unutilized explosive material; Secured Area. explosive material; Secured Area. Reason: Within 2000 ft. of flammable or Bldg. J–1014 Bldgs. T–420, T–418, T–405 explosive material; Secured Area. Louisiana Army Ammunition Plant Louisiana Army Ammunition Plant Bldg. X–5016 Doyline Co: Webster LA 71023– Doyline Co: Webster LA 71023– Louisiana Army Ammunition Plant Landholding Agency: Army Landholding Agency: Army Doyline Co: Webster LA 71023– Property Number: 219610141 Property Number: 219610123 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 219610132 Reason: Within 2000 ft. of flammable or Reason: Within 2000 ft. of flammable or Status: Unutilized explosive material; Secured Area. explosive material; Secured Area. Reason: Within 2000 ft. of flammable or Bldgs. C–1347, C–1349 7 Bldgs. explosive material; Secured Area. Louisiana Army Ammunition Plant Louisiana Army Ammunition Plant Bldgs. X–5026, X–5106 Doyline Co: Webster LA 71023– X5030, X5034–X5035, X5047, X5060, X5086, Louisiana Army Ammunition Plant Landholding Agency: Army 5096 Doyline Co: Webster LA 71023– Property Number: 219610142 Doyline Co: Webster LA 71023– Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 219610133 Reason: Within 2000 ft. of flammable or Property Number: 219610124 Status: Unutilized explosive material; Secured Area. Status: Unutilized Reason: Within 2000 ft. of flammable or Bldg. C–1362 Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Louisiana Army Ammunition Plant explosive material; Secured Area. Bldgs. D–1248, D–1251 Doyline Co: Webster LA 71023– Bldg. B–1468 Louisiana Army Ammunition Plant Landholding Agency: Army Louisiana Army Ammunition Plant Doyline Co: Webster LA 71023– Property Number: 219610143 Doyline Co: Webster LA 71023– Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 219610134 Reason: Within 2000 ft. of flammable or Property Number: 219610125 Status: Unutilized explosive material; Secured Area. Status: Unutilized Reason: Within 2000 ft. of flammable or Bldg. D–1259 Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Louisiana Army Ammunition Plant explosive material; Secured Area. Bldg. E–1715 Doyline Co: Webster LA 71023– Bldg. S–1637 Louisiana Army Ammunition Plant Landholding Agency: Army Louisiana Army Ammunition Plant Doyline Co: Webster LA 71023– Property Number: 219610144 Doyline Co: Webster LA 71023– Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 219610135 Reason: Within 2000 ft. of flammable or Property Number: 219610126 Status: Unutilized explosive material; Secured Area. Status: Unutilized Reason: Within 2000 ft. of flammable or Bldgs. M–2702, M–2706 Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Louisiana Army Ammunition Plant explosive material; Secured Area. Bldg. H–922 Doyline Co: Webster LA 71023– Bldg. L–246 Louisiana Army Ammunition Plant Landholding Agency: Army Louisiana Army Ammunition Plant Doyline Co: Webster LA 71023– Property Number: 219610145 Doyline Co: Webster LA 71023– Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 219610136 Reason: Within 2000 ft. of flammable or Property Number: 219610127 Status: Unutilized explosive material; Secured Area. Status: Unutilized Reason: Within 2000 ft. of flammable or Bldg. T–6113 Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Louisiana Army Ammunition Plant explosive material; Secured Area. Bldg. S–1629 Doyline Co: Webster LA 71023– 4 Bldgs. Louisiana Army Ammunition Plant Landholding Agency: Army Louisiana Army Ammunition Plant Doyline Co: Webster LA 71023– Property Number: 219610146 C–1351, C–1352, C–1355, C–1353 Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610137 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610128 Reason: Within 2000 ft. of flammable or Bldg. X–6112 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. L–2459, L–2348, L–2347 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. E–1736, E–1734, E–1733 Doyline Co: Webster LA 71023– Property Number: 219610147 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610138 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610129 Reason: Within 2000 ft. of flammable or Bldg. C–1361 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant 15282 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Doyline Co: Webster LA 71023– Property Number: 219610157 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610148 Reason: Within 2000 ft. of flammable or Bldg. M–2703 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. S–1639, S–1646 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. D–1257, D–1267 Doyline Co: Webster LA 71023– Property Number: 219610167 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610158 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610149 Reason: Within 2000 ft. of flammable or Bldg. G–804 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. L–2245, L–2454 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. B–1466 Doyline Co: Webster LA 71023– Property Number: 219610168 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610159 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610150 Reason: Within 2000 ft. of flammable or Bldg. T–0416 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. H–919 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. A–154, A–155 Doyline Co: Webster LA 71023– Property Number: 219610169 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610160 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610151 Reason: Within 2000 ft. of flammable or Bldg. S–1624 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. E–1742, E–1743 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. Y–2626, Y–2627 Doyline Co: Webster LA 71023– Property Number: 219610170 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610161 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610152 Reason: Within 2000 ft. of flammable or Bldg. M–0218 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldgs. D–1254, D–1255 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. S–1652, S–1653 Doyline Co: Webster LA 71023– Property Number: 219610171 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610162 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610153 Reason: Within 2000 ft. of flammable or Bldg. M–0217 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. G–818 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. Y–2613, Y–2614 Doyline Co: Webster LA 71023– Property Number: 219610172 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610163 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610154 Reason: Within 2000 ft. of flammable or Bldg. D–1258 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. C–1356, C–1366, C–1367 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. A–115, A–153 Doyline Co: Webster LA 71023– Property Number: 219610173 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610164 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610155 Reason: Within 2000 ft. of flammable or Bldg. C–1363 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. A–157 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldg. Y–2637 Doyline Co: Webster LA 71023– Property Number: 219610174 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610165 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610156 Reason: Within 2000 ft. of flammable or Building C–1319 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. T–404 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Bldgs. M–2708, M–2709 Doyline Co: Webster LA 71023– Property Number: 219610175 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610166 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15283

Building C–1317 Doyline Co: Webster LA 71023– Property Number: 219610194 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Underutilized Doyline Co: Webster LA 71023– Property Number: 219610185 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610176 Reason: Within 2000 ft. of flammable or Building E–1731 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building S–1625 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building G–820 Doyline Co: Webster LA 71023– Property Number: 219610195 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Underutilized Doyline Co: Webster LA 71023– Property Number: 219610186 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610177 Reason: Within 2000 ft. of flammable or Building E–1720 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building S–1608 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building C–1345 Doyline Co: Webster LA 71023– Property Number: 219610196 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610187 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610178 Reason: Within 2000 ft. of flammable or Building E–1719 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building L–2464 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building C–1337 Doyline Co: Webster LA 71023– Property Number: 219610197 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610188 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610179 Reason: Within 2000 ft. of flammable or Building E–1710 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building L–2463 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building C–1333 Doyline Co: Webster LA 71023– Property Number: 219610198 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610189 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610180 Reason: Within 2000 ft. of flammable or Building E–1709 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building L–2462 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building C–1331 Doyline Co: Webster LA 71023– Property Number: 219610199 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610190 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610181 Reason: Within 2000 ft. of flammable or Building E–1707 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building S–1619 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building C–1321 Doyline Co: Webster LA 71023– Property Number: 219610200 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610191 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610182 Reason: Within 2000 ft. of flammable or Building B–1475 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building S–1617 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building C–1307 Doyline Co: Webster LA 71023– Property Number: 219610201 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610192 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610183 Reason: Within 2000 ft. of flammable or Building B–1471 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building S–1611 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building S–1648 Doyline Co: Webster LA 71023– Property Number: 219610202 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610193 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Underutilized explosive material; Secured Area. Property Number: 219610184 Reason: Within 2000 ft. of flammable or Building B–1426 Status: Underutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building S–1610 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building S–1640 Doyline Co: Webster LA 71023– Property Number: 219610203 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized 15284 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Reason: Within 2000 ft. of flammable or Building K–1114 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building J–1018 Doyline Co: Webster LA 71023– Property Number: 219610222 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610213 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610205 Reason: Within 2000 ft. of flammable or Building C–1325 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building K–1112 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building M–219 Doyline Co: Webster LA 71023– Property Number: 219610223 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610214 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610205 Reason: Within 2000 ft. of flammable or Building C–1313 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building D–1220 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building Y–2609 Doyline Co: Webster LA 71023– Property Number: 219610224 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610215 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610206 Reason: Within 2000 ft. of flammable or Building D–1228 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building K–1117 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building H–923 Doyline Co: Webster LA 71023– Property Number: 219610225 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610216 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610207 Reason: Within 2000 ft. of flammable or Building D–1233 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building K–1106 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building H–921 Doyline Co: Webster LA 71023– Property Number: 219610226 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610217 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610208 Reason: Within 2000 ft. of flammable or Building D–1227 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building G–805 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building H–905 Doyline Co: Webster LA 71023– Property Number: 219610227 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610218 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610209 Reason: Within 2000 ft. of flammable or Building D–1217 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building J–1013 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building E–1726 Doyline Co: Webster LA 71023– Property Number: 219610228 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610219 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610210 Reason: Within 2000 ft. of flammable or Building D–1226 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building J–1007 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building E–1724 Doyline Co: Webster LA 71023– Property Number: 219610229 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610220 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610211 Reason: Within 2000 ft. of flammable or Building D–1207 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building C–1335 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building K–1115 Doyline Co: Webster LA 71023– Property Number: 219610230 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610221 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610212 Reason: Within 2000 ft. of flammable or Building D–1222 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building C–1334 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15285

Property Number: 219610231 Reason: Within 2000 ft. of flammable or Building X–5095 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or 4 Buildings Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building D–1261 Doyline Co: Webster LA 71023– Property Number: 219610250 Louisiana Army Ammunition Plant Location: S1631, S1632, S1633, S1634 Status: Unutilized Doyline Co: Webster LA 71023– Landholding Agency: Army Reason: Within 2000 ft. of flammable or Landholding Agency: Army Property Number: 219610241 explosive material; Secured Area. Property Number: 219610232 Status: Unutilized Building X–5053 Status: Unutilized Reason: Within 2000 ft. of flammable or Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Doyline Co: Webster LA 71023– explosive material; Secured Area. Building D–1238 Landholding Agency: Army Building S–1623 Louisiana Army Ammunition Plant Property Number: 219610251 Louisiana Army Ammunition Plant Doyline Co: Webster LA 71023– Status: Unutilized Doyline Co: Webster LA 71023– Landholding Agency: Army Reason: Within 2000 ft. of flammable or Landholding Agency: Army Property Number: 219610242 explosive material; Secured Area. Property Number: 219610233 Status: Unutilized Building N–1817 Status: Unutilized Reason: Within 2000 ft. of flammable or Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Doyline Co: Webster LA 71023– explosive material; Secured Area. Building L–2365 Landholding Agency: Army Building S–1622 Louisiana Army Ammunition Plant Property Number: 219610252 Louisiana Army Ammunition Plant Doyline Co: Webster LA 71023– Status: Unutilized Doyline Co: Webster LA 71023– Landholding Agency: Army Reason: Within 2000 ft. of flammable or Landholding Agency: Army Property Number: 219610243 explosive material; Secured Area. Property Number: 219610234 Status: Unutilized Building E–1712 Status: Unutilized Reason: Within 2000 ft. of flammable or Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Doyline Co: Webster LA 71023– explosive material; Secured Area. Building B–1403 Landholding Agency: Army Building S–1616 Louisiana Army Ammunition Plant Property Number: 219610253 Louisiana Army Ammunition Plant Doyline Co: Webster LA 71023– Status: Unutilized Doyline Co: Webster LA 71023– Landholding Agency: Army Reason: Within 2000 ft. of flammable or Property Number: 219610244 Landholding Agency: Army explosive material; Secured Area. Status: Unutilized Property Number: 219610235 Building B–1476 Reason: Within 2000 ft. of flammable or Status: Unutilized Louisiana Army Ammunition Plant explosive material; Secured Area. Reason: Within 2000 ft. of flammable or Doyline Co: Webster LA 71023– explosive material; Secured Area. Building B–1435 Landholding Agency: Army Louisiana Army Ammunition Plant Building E–1716 Property Number: 219610254 Doyline Co: Webster LA 71023– Status: Unutilized Louisiana Army Ammunition Plant Landholding Agency: Army Doyline Co: Webster LA 71023– Reason: Within 2000 ft. of flammable or Property Number: 219610245 explosive material; Secured Area. Landholding Agency: Army Status: Unutilized Property Number: 219610236 Reason: Within 2000 ft. of flammable or Building M–2100 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Doyline Co: Webster LA 71023– explosive material; Secured Area. Building B–1470 Landholding Agency: Army Louisiana Army Ammunition Plant Property Number: 219610255 Building D–1242 Doyline Co: Webster LA 71023– Status: Unutilized Louisiana Army Ammunition Plant Landholding Agency: Army Reason: Within 2000 ft. of flammable or Doyline Co: Webster LA 71023– Property Number: 219610246 explosive material; Secured Area. Landholding Agency: Army Status: Unutilized Property Number: 219610237 Reason: Within 2000 ft. of flammable or Building M–0600 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Doyline Co: Webster LA 71023– Building B–1450 explosive material; Secured Area. Landholding Agency: Army Louisiana Army Ammunition Plant Property Number: 219610256 Building D–1223 Doyline Co: Webster LA 71023– Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610247 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610238 Reason: Within 2000 ft. of flammable or Building M–0200 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building B–1400 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building C–1330 Doyline Co: Webster LA 71023– Property Number: 219610257 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610248 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610239 Reason: Within 2000 ft. of flammable or Building L–2346 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant Reason: Within 2000 ft. of flammable or Building B–1452 Doyline Co: Webster LA 71023– explosive material; Secured Area. Louisiana Army Ammunition Plant Landholding Agency: Army Building C–1305 Doyline Co: Webster LA 71023– Property Number: 219610258 Louisiana Army Ammunition Plant Landholding Agency: Army Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 219610249 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610240 Reason: Within 2000 ft. of flammable or Building L–2200 Status: Unutilized explosive material; Secured Area. Louisiana Army Ammunition Plant 15286 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Doyline Co: Webster LA 71023– Landholding Agency: DOT Status: Unutilized Landholding Agency: Army Property Number: 879240032 Reason: Extensive deterioration. Property Number: 219610259 Status: Unutilized Bldg. E3613 Status: Unutilized Reason: Floodway. Aberdeen Proving Ground Co: Harford MD Reason: Within 2000 ft. of flammable or Keepers Dwelling 21005–5001 explosive material; Secured Area. Heron Neck Light, U.S. Coast Guard Landholding Agency: Army Building L–0700 Vinalhaven Co: Knox ME 04841– Property Number: 219610481 Louisiana Army Ammunition Plant Landholding Agency: DOT Status: Unutilized Doyline Co: Webster LA 71023– Property Number: 879240035 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610260 Reason: Extensive deterioration Bldg. E3619 Status: Unutilized Fort Popham Light Aberdeen Proving Ground Co: Harford MD Reason: Within 2000 ft. of flammable or Phippsburg Co: Sagadahoc ME 04562– 21005–5001 explosive material; Secured Area. Landholding Agency: DOT Landholding Agency: Army Building L–0500 Property Number: 879320024 Property Number: 219610482 Louisiana Army Ammunition Plant Status: Unutilized Status: Unutilized Doyline Co: Webster LA 71023– Reason: Extensive deterioration. Reason: Secured Area; Extensive Landholding Agency: Army Nash Island Light deterioration. Property Number: 219610261 U.S. Coast Guard Bldg. 3620 Status: Unutilized Addison Co: Washington ME 04606– Aberdeen Proving Ground Co: Harford MD Reason: Within 2000 ft. of flammable or Landholding Agency: DOT 21005–5001 explosive material; Secured Area. Property Number: 879420005 Landholding Agency: Army Building L–0300 Status: Unutilized Property Number: 219610483 Louisiana Army Ammunition Plant Reason: Other Status: Unutilized Doyline Co: Webster LA 71023– Comment: Inaccessible. Reason: Extensive deterioration. Landholding Agency: Army Bldg.—South Portland Base Bldg. E4281 Property Number: 219610262 U.S. Coast Guard Aberdeen Proving Ground Co: Harford MD Status: Unutilized S. Portland Co: Cumberland ME 04106– 21005–5001 Reason: Within 2000 ft. of flammable or Landholding Agency: DOT Landholding Agency: Army explosive material; Secured Area. Property Number: 879420006 Property Number: 219610484 Building K–1102 Status: Unutilized Status: Unutilized Louisiana Army Ammunition Plant Reason: Secured Area. Reason: Extensive deterioration. Doyline Co: Webster LA 71023– Garage—Boothbay Harbor Stat. Bldg. 4701 Landholding Agency: Army Boothbay Harbor Co: Lincoln ME 04538– Aberdeen Proving Ground Co: Harford MD Property Number: 219610263 Landholding Agency: DOT 21005–5001 Status: Unutilized Property Number: 879430001 Landholding Agency: Army Reason: Within 2000 ft. of flammable or Status: Unutilized Property Number: 219610485 explosive material; Secured Area. Reason: Secured Area. Status: Unutilized Maine Maryland Reason: Extensive deterioration. Supply Bldg., Coast Guard Bldg. 980 Bldg. E4730 Southwest Harbor Aberdeen Proving Ground Co: Harford MD Aberdeen Proving Ground Co: Harford MD Southwest Harbor Co: Hancock ME 04679– 21005–5001 21005–5001 5000 Landholding Agency: Army Landholding Agency: Army Landholding Agency: DOT Property Number: 219610476 Property Number: 219610486 Property Number: 879240005 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area; Extensive Reason: Extensive deterioration. Reason: Floodway. deterioration. Bldg. E4891 Base Exchange, Coast Guard Bldg. 981 Aberdeen Proving Ground Co: Harford MD Southwest Harbor Aberdeen Proving Ground Co: Harford MD 21005–5001 Southwest Harbor Co: Hancock ME 04679– 21005–5001 Landholding Agency: Army 5000 Landholding Agency: Army Property Number: 219610487 Landholding Agency: DOT Property Number: 219610477 Status: Unutilized Property Number: 879240006 Status: Unutilized Reason: Extensive deterioration. Status: Unutilized Reason: Secured Area; Extensive Bldg. E4892 Reason: Floodway. deterioration. Aberdeen Proving Ground Co: Harford MD Engineering Shop, Coast Guard Bldg. E1260 21005–5001 Southwest Harbor Aberdeen Proving Ground Co: Harford MD Landholding Agency: Army Southwest Harbor Co: Hancock ME 04679– 21005–5001 Property Number: 219610488 5000 Landholding Agency: Army Status: Unutilized Landholding Agency: DOT Property Number: 219610478 Reason: Extensive deterioration. Property Number: 879240007 Status: Unutilized Bldg. 5010 Status: Unutilized Reason: Extensive deterioration. Aberdeen Proving Ground Co: Harford MD Reason: Floodway. Bldg. E3148 21005–5001 Storage Bldg., Coast Guard Aberdeen Proving Ground Co: Harford MD Landholding Agency: Army Southwest Harbor 21005–5001 Property Number: 219610489 Southwest Harbor Co: Hancock ME 04679– Landholding Agency: Army Status: Unutilized 5000 Property Number: 219610479 Reason: Extensive deterioration. Landholding Agency: DOT Status: Unutilized Bldg. 5011 Property Number: 879240008 Reason: Extensive deterioration. Aberdeen Proving Ground Co: Harford MD Status: Unutilized Bldg. 3513 21005–5001 Reason: Floodway. Aberdeen Proving Ground Co: Harford MD Landholding Agency: Army Squirrel Point Light 21005–5001 Property Number: 219610490 U.S. Coast Guard Landholding Agency: Army Status: Unutilized Phippsburg Co: Sayadahoc ME 04530– Property Number: 219610480 Reason: Extensive deterioration. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15287

Bldg. 5253 Missouri Middletown Co: Monmouth NJ 07748– Aberdeen Proving Ground Co: Harford MD Bldg. 4 Landholding Agency: DOT 21005–5001 St. Louis Army Ammunition Plant Property Number: 879440002 Landholding Agency: Army St. Louis MO 63120–1584 Status: Unutilized Property Number: 219610491 Landholding Agency: Army Reason: Other Status: Unutilized Property Number: 219610469 Comment: Skeletal tower. Reason: Extensive deterioration. Status: Unutilized Bldg. 103 Bldg. E7212 Reason: Secured Area; Extensive U.S. Coast Guard Station Sandy Hook Aberdeen Proving Ground Co: Harford MD deterioration. Middletown Co: Monmouth NJ 07737– 21005–5001 Bldg. 7 Landholding Agency: DOT Landholding Agency: Army St. Louis Army Ammunition Plant Property Number: 879610002 Property Number: 219610492 St. Louis MO 63120–1584 Status: Unutilized Status: Unutilized Landholding Agency: Army Reason: Secured Area. Reason: Secured Area; Extensive Property Number: 219610470 New Mexico deterioration. Status: Unutilized Bldg. 229 Bldgs. 38–39, 41, 43–46, 56 Reason: Within 2000 ft. of flammable or White Sands Missile Range U.S. Coast Guard Yard explosive material; Secured Area. White Sands Co: Dona Ana NM 88002– Baltimore MD 21226– Bldg. 11 Landholding Agency: Army Landholding Agency: DOT St. Louis Army Ammunition Plant Property Number: 219610493 Property Number: 879540005 St. Louis MO 63120–1584 Status: Unutilized Status: Unutilized Landholding Agency: Army Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Property Number: 219610471 Bldgs. 9252, 9268 explosive material; Secured Area, Status: Unutilized Kirtland Air Force Base Extensive deterioration Reason: Secured Area. Albuquerque Co: Bernalillo NM 87185– Bldg. 53 Bldg. 13 Landholding Agency: Energy U.S. Coast Guard Yard St. Louis Army Ammunition Plant Property Number: 419430002 Baltimore MD 21226– St. Louis MO 63120–1584 Status: Unutilized Landholding Agency: DOT Landholding Agency: Army Reason: Extensive deterioration. Property Number: 879540006 Property Number: 219610472 McGee Warehouse Status: Unutilized Status: Unutilized Los Alamos National Lab Reason: Within 2000 ft. of flammable or Reason: Secured Area. Los Alamos NM 87545– explosive material; Secured Area, Bldg. 14 Landholding Agency: Energy Extensive deterioration St. Louis Army Ammunition Plant Property Number: 419610043 St. Louis MO 63120–1584 Status: Unutilized Massachusetts Landholding Agency: Army Reason: Extensive deterioration. Bldg. 4, USCG Support Center Property Number: 219610473 Bldg. 73, TA–16 Commercial Street Status: Unutilized Los Alamos National Lab Boston Co: Suffolk MA 02203– Reason: Secured Area; Extensive Los Alamos Co: Los Alamos NM 87545– Landholding Agency: DOT deterioration. Landholding Agency: Energy Property Number: 879540001 Bldg. 15 Property Number: 419610044 Status: Unutilized St. Louis Army Ammunition Plant Status: Unutilized Reason: Secured Area. St. Louis MO 63120–1584 Reason: Within 2000 ft. of flammable or Eastern Point Light Landholding Agency: Army explosive material; Secured Area; 5U.S. Coast Guard Property Number: 219610474 Extensive deterioration. Gloucester Co: Essex MA 01930– Status: Unutilized Bldg. 75, TA–16 Landholding Agency: DOT Reason: Secured Area; Extensive Los Alamos National Lab Property Number: 879240029 deterioration. Los Alamos Co: Los Alamos NM 87545– Status: Unutilized Bldg. 16 Landholding Agency: Energy Reason: Floodway; Secured Area. St. Louis Army Ammunition Plant Property Number: 419610045 Storage Shed St. Louis MO 63120–1584 Status: Unutilized Highland Light Landholding Agency: Army Reason: Within 2000 ft. of flammable or N. Truro Co: Barnstable MA 02652–; DeSoto Property Number: 219610475 explosive material; Secured Area; Johnson KS66018– Status: Unutilized Extensive deterioration. Landholding Agency: DOT Reason: Secured Area; Extensive Bldg. 76, TA–16 Property Number: 879430004 deterioration. Los Alamos National Lab Status: Unutilized Nevada Los Alamos Co: Los Alamos NM 87545– Reason: Extensive deterioration. Landholding Agency: Energy Damtenders Quarters Property Number: 419610046 Michigan Rye Patch Dam Status: Unutilized Lovelock Co: Pershing NV Bldg. 402, U.S. Air Station Reason: Within 2000 ft. of flammable or Landholding Agency: Interior Traverse City Co: Grand Traverse MI 49684– explosive material; Secured Area; Property Number: 619610002 3586 Extensive deterioration. Landholding Agency: DOT Status: Unutilized Bldg. 77, TA–16 Property Number: 879220001 Reason: Extensive deterioration. Los Alamos National Lab Status: Unutilized New Jersey Los Alamos Co: Los Alamos NM 87545– Reason: Extensive deterioration. Piers and Wharf Landholding Agency: Energy Mississippi Station Sandy Hook Property Number: 419610047 Natchez Moorings Highlands Co: Monmouth NJ 07732–5000 Status: Unutilized 82 L.E. Berry Road Landholding Agency: DOT Reason: Within 2000 ft. of flammable or Natchez Co: Adams MS 39121– Property Number: 879240009 explosive material; Secured Area; Landholding Agency: DOT Status: Unutilized Extensive deterioration. Property Number: 879340002 Reason: Extensive deterioration; Secured Bldg. 78, TA–16 Status: Unutilized Area. Los Alamos National Lab Reason: Extensive deterioration. Chapel Hill Front Range Light Tower Los Alamos Co: Los Alamos NM 87545– 15288 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Landholding Agency: Energy Bldg. 607, Fort Totten Fort Bragg Property Number: 419610048 New York Co: Queens NY 11359– Ft. Bragg Co: Cumberland NC 28307– Status: Unutilized Landholding Agency: DOT Landholding Agency: Army Reason: Within 2000 ft. of flammable or Property Number: 879240021 Property Number: 219610495 explosive material; Secured Area; Status: Unutilized Status: Unutilized Extensive deterioration. Reason: Secured Area; Other Reason: Extensive deterioration. Bldg. 79, TA–16 Comment: Extensive deterioration. Bldg. 3–1139 Los Alamos National Lab Bldg. 605, Fort Totten Fort Bragg Los Alamos Co: Los Alamos NM 87545– New York Co: Queens NY 11359– Ft. Bragg Co: Cumberland NC 28307– Landholding Agency: Energy Landholding Agency: DOT Landholding Agency: Army Property Number: 419610049 Property Number: 879240022 Property Number: 219610496 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Within 2000 ft. of flammable or Reason: Secured Area; Other Reason: Extensive deterioration. Comment: Extensive deterioration. explosive material; Secured Area; Bldg. 3–2134 Extensive deterioration. Eatons Neck Station Fort Bragg Bldg. 80, TA–16 U.S. Coast Guard Ft. Bragg Co: Cumberland NC 28307– Los Alamos National Lab Huntington Co: Suffolk NY 11743– Landholding Agency: Army Los Alamos Co: Los Alamos NM 87545– Landholding Agency: DOT Property Number: 219610496 Landholding Agency: Energy Property Number: 879310003 Status: Unutilized Property Number: 419610050 Status: Unutilized Reason: Extensive deterioration. Status: Unutilized Reason: Extensive deterioration; Secured Bldg. 3–2231 Reason: Within 2000 ft. of flammable or Area. Fort Bragg explosive material; Secured Area; Bldg. 517, USCG Support Center Ft. Bragg Co: Cumberland NC 28307– Extensive deterioration. Governors Island Co: Manhattan NY 10004– Landholding Agency: Army Bldg. 99, TA–16 Landholding Agency: DOT Property Number: 219610498 Los Alamos National Lab Property Number: 879320025 Status: Unutilized Los Alamos Co: Los Alamos NM 87545– Status: Unutilized Reason: Extensive deterioration. Landholding Agency: Energy Reason: Secured Area. Bldg. 3–2433 Property Number: 419610051 Bldg. 138 Fort Bragg Status: Unutilized U.S. Coast Guard Support Center Reason: Within 2000 ft. of flammable or Ft. Bragg Co: Cumberland NC 28307– Governors Island Co: Manhattan NY 10004– Landholding Agency: Army explosive material; Secured Area; Landholding Agency: DOT Extensive deterioration. Property Number: 219610499 Property Number: 879410003 Status: Unutilized Status: Unutilized New York Reason: Extensive deterioration. Reason: Secured Area. Bldg. 1332, West Point Bldg. 5–1202 Bldg. 830 Highlands Co: Orange NY 10996–1592 Fort Bragg U.S. Coast Guard Landholding Agency: Army Ft. Bragg Co: Cumberland NC 28307– Governors Island Co: Manhattan NY 10004– Property Number: 219610494 Landholding Agency: Army Landholding Agency: DOT Status: Unutilized Property Number: 219610500 Property Number: 879420004 Reason: Extensive deterioration. Status: Unutilized Status: Unutilized 2 Buildings Reason: Extensive deterioration. Reason: Secured Area. Ant Saugerties 21 Bldgs. Saugerties Co: Ulster NY 12477– Rochester Harbor Light Greece Township Co: Monroe NY Fort Bragg Landholding Agency: DOT Ft. Bragg Co: Cumberland NC 28307– Property Number: 879230005 Landholding Agency: DOT Property Number: 879430008 Location: 6–3135, 6–3322, 6–3337, 6–3423, Status: Unutilized 6–3439, 6–3504, 6–3540, 6–3603, 6–3640, Reason: Extensive deterioration. Status: Excess Reason: Secured Area; Extensive 6–3710, 6–3724, 6–3810, 6–4004, 6–4026, Bldg. 605, USCG Station deterioration. 6–4103, 6–5521, 6–6823, 6–7116, 6–7138, Fort Totten 6–7239 New York Co: Queens NY 11359– Bldg. 8 Landholding Agency: Army Landholding Agency: DOT Rosebank—Coast Guard Housing Property Number: 219610501 Property Number: 879240010 Staten Island Co: Richmond NY 10301– Status: Unutilized Status: Excess Landholding Agency: DOT Reason: Extensive deterioration. Reason: Secured Area. Property Number: 879530009 Status: Unutilized 6 Bldgs. Bldg. 606, USCG Station Reason: Secured Area. Fort Bragg Fort Totten Ft. Bragg Co: Cumberland NC 28307– Bldg. 7 New York Co: Queens NY 11359– Location: 7–3721, 7–3722, 7–3738, 7–3818, Rosebank—Coast Guard Housing Landholding Agency: DOT 7–3820, 7–3838 Staten Island Co: Richmond NY 10301– Property Number: 879240011 Landholding Agency: Army Landholding Agency: DOT Status: Excess Property Number: 219610502 Property Number: 879530010 Reason: Secured Area. Status: Unutilized Status: Unutilized Bldg. 607, USCG Station Reason: Extensive deterioration. Reason: Secured Area; Extensive Fort Totten deterioration. 21 Bldgs. New York Co: Queens NY 11359– Station Bldg. Fort Bragg Landholding Agency: DOT Ft. Bragg Co: Cumberland NC 28307– Property Number: 879240012 USCG, AUXOP Station Sodus Point Co: Wayne NY 14555– Location: 7–4220, 7–4033, 7–4117, 7–4118, Status: Excess 7–4131, 7–4212, 7–4238, 7–4250, 7–4251, Reason: Secured Area. Landholding Agency: DOT Property Number: 879610001 7–4312, 7–4417, 7–4420, 7–4441, 7–4517, Bldg. 606, Fort Totten Status: Unutilized 7–4518, 7–4541, 7–4650, 7–4712, 7–4755, New York Co: Queens NY 11359– Reason: Secured Area; Extensive 7–4848, 7–4947 Landholding Agency: DOT deterioration. Landholding Agency: Army Property Number: 879240020 Property Number: 219610503 Status: Unutilized North Carolina Status: Unutilized Reason: Secured Area. Bldg. 1–3759 Reason: Extensive deterioration. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15289

24 Bldgs. Reason: Extensive deterioration. Landholding Agency: Army Fort Bragg Bldg. A–3739 Property Number: 219610524 7–500 series Fort Bragg Status: Unutilized Ft. Bragg Co: Cumberland NC 28307– Ft. Bragg Co: Cumberland NC 28307– Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: Army Bldg. N–4901 Property Number: 219610504 Property Number: 219610514 Fort Bragg Status: Unutilized Status: Unutilized Ft. Bragg Co: Cumberland NC 28307– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Army 14 Bldgs. Bldg. A–3761 Property Number: 219610525 Fort Bragg Fort Bragg Status: Unutilized Ft. Bragg Co: Cumberland NC 28307– Ft. Bragg Co: Cumberland NC 28307– Reason: Extensive deterioration. Location: 7–6045, 7–6123, 7–6137, 7–6153, Landholding Agency: Army Bldg. N–5001 7–6235, 7–6240, 7–6253, 7–6341, 7–6537, Property Number: 219610515 Fort Bragg 7–6538, 7–6851, 7–6947, 7–6948, 7–6941 Status: Unutilized Ft. Bragg Co: Cumberland NC 28307– Landholding Agency: Army Reason: Extensive deterioration. Landholding Agency: Army Property Number: 219610505 Bldg. C–5735 Property Number: 219610526 Status: Unutilized Status: Unutilized Reason: Extensive deterioration. Fort Bragg Ft. Bragg Co: Cumberland NC 28307– Reason: Extensive deterioration. Bldg. 8–2179 Landholding Agency: Army Bldg. 0–9714 Fort Bragg Property Number: 219610516 Fort Bragg Ft. Bragg Co: Cumberland NC 28307– Status: Unutilized Ft. Bragg Co: Cumberland NC 28307– Landholding Agency: Army Reason: Extensive deterioration. Landholding Agency: Army Property Number: 219610506 Bldg. F–1912 Property Number: 219610527 Status: Unutilized Status: Unutilized Reason: Extensive deterioration. Fort Bragg Ft. Bragg Co: Cumberland NC 28307– Reason: Extensive deterioration. Bldg. 8–2275 Landholding Agency: Army Bldg. 970, Camp Lejeune Fort Bragg Property Number: 219610517 Camp Lejeune Co: Onslow NC 28542–0004 Ft. Bragg Co: Cumberland NC 28307– Status: Unutilized Landholding Agency: Navy Landholding Agency: Army Reason: Extensive deterioration. Property Number: 779610022 Property Number: 219610507 Bldg. F–2112 Status: Unutilized Status: Unutilized Fort Bragg Reason: Secured Area; Extensive Reason: Extensive deterioration. Ft. Bragg Co: Cumberland NC 28307– deterioration. Bldg. 8–2372 Landholding Agency: Army Bldg. SFC–104, Camp Lejeune Fort Bragg Property Number: 219610518 Camp Lejeune Co: Onslow NC 28542–0004 Ft. Bragg Co: Cumberland NC 28307– Status: Unutilized Landholding Agency: Navy Landholding Agency: Army Reason: Extensive deterioration. Property Number: 779610023 Property Number: 219610508 Bldg. M–2134 Status: Unutilized Status: Unutilized Fort Bragg Reason: Secured Area; Extensive Reason: Extensive deterioration. Ft. Bragg Co: Cumberland NC 28307– deterioration. Bldgs. A–2558 thru A–2561 Landholding Agency: Army Bldg. SFC–112, Camp Lejeune Fort Bragg Property Number: 219610519 Camp Lejeune Co: Onslow NC 28542–0004 Ft. Bragg Co: Cumberland NC 28307– Status: Unutilized Landholding Agency: Navy Landholding Agency: Army Reason: Extensive deterioration. Property Number: 779610024 Property Number: 219610509 Bldg. M2637 Status: Unutilized Status: Unutilized Fort Bragg Reason: Secured Area; Extensive Reason: Extensive deterioration. Ft. Bragg Co: Cumberland NC 28307– deterioration. Bldgs. A–2557, A–2562 Landholding Agency: Army Bldg. SA–30, Camp Lejeune Fort Bragg Property Number: 219610520 Camp Lejeune Co: Onslow NC 28542–0004 Ft. Bragg Co: Cumberland NC 28307– Status: Unutilized Landholding Agency: Navy Landholding Agency: Army Reason: Extensive deterioration. Property Number: 779610025 Property Number: 219610510 Bldg. M–6121 Status: Unutilized Status: Unutilized Fort Bragg Reason: Secured Area; Extensive Reason: Extensive deterioration. Ft. Bragg Co: Cumberland NC 28307– deterioration. 4 Bldgs. Landholding Agency: Army Bldg. A–37, Camp Lejeune Fort Bragg Property Number: 219610521 Camp Lejeune Co: Onslow NC 28542–0004 A–2756, A–2757, A–2758, A–2761 Status: Unutilized Landholding Agency: Navy Ft. Bragg Co: Cumberland NC 28307– Reason: Extensive deterioration. Property Number: 779610026 Landholding Agency: Army Bldg. M–6123 Status: Unutilized Property Number: 219610511 Fort Bragg Reason: Secured Area; Extensive Status: Unutilized Ft. Bragg Co: Cumberland NC 28307– deterioration. Reason: Extensive deterioration. Landholding Agency: Army Bldg. 1820, Camp Lejeune Bldg. A–2759 Property Number: 219610522 Camp Lejeune Co: Onslow NC 28542–0004 Fort Bragg Status: Unutilized Landholding Agency: Navy Ft. Bragg Co: Cumberland NC 28307– Reason: Extensive deterioration. Property Number: 779610027 Landholding Agency: Army Bldg. M–7238 Status: Unutilized Property Number: 219610512 Fort Bragg Reason: Secured Area; Extensive Status: Unutilized Ft. Bragg Co: Cumberland NC 28307– deterioration. Reason: Extensive deterioration. Landholding Agency: Army Group Cape Hatteras Bldg. A–2852 Property Number: 219610523 Boiler Plant Fort Bragg Status: Unutilized Buxton Co: Dare NC 27902–0604 Ft. Bragg Co: Cumberland NC 28307– Reason: Extensive deterioration. Landholding Agency: DOT Landholding Agency: Army Bldg. M–7951 Property Number: 879240018 Property Number: 219610514 Fort Bragg Status: Unutilized Status: Unutilized Ft. Bragg Co: Cumberland NC 28307– Reason: Secured Area. 15290 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Group Cape Hatteras Reason: Secured Area. Landholding Agency: DOT Bowling Alley Bldg. 54 Property Number: 879530017 Buxton Co: Dare NC 27902–0604 Group Cape Hatteras Status: Unutilized Landholding Agency: DOT Buston Co: Dare NC 27902–0604 Reason: Floodway. Property Number: 879240019 Landholding Agency: DOT Unit #76 Status: Unutilized Property Number: 879340004 Buxton Annex, Anna May Court Reason: Secured Area. Status: Unutilized Buxton Co: Dare NC 27920– Bldg. 21, Fuel Farm Reason: Secured Area. Landholding Agency: DOT U.S. Coast Guard Air Station Bldg. 83 Property Number: 879530018 Elizabeth City Co: Pasquotank NC 27909– Group Cape Hatteras Status: Unutilized 5006 Buxton Co: Dare NC 27902–0604 Reason: Floodway. Landholding Agency: DOT Landholding Agency: DOT Unit #68 Property Number: 879320010 Property Number: 879340005 Buxton Annex, Anna May Court Status: Unutilized Status: Unutilized Buxton Co: Dare NC 27920– Reason: Floodway; Secured Area. Reason: Secured Area. Landholding Agency: DOT Bldg. 22, Fuel Farm Water Tanks Property Number: 879530019 U.S. Coast Guard Air Station Group Cape Hatteras Status: Unutilized Elizabeth City Co: Pasquotank NC 27909– Buxton Co: Dare NC 27902–0604 Reason: Floodway. 5006 Landholding Agency: DOT Unit #69 Landholding Agency: DOT Property Number: 879340006 Buxton Annex, Anna May Court Property Number: 879320011 Status: Unutilized Buxton Co: Dare NC 27920– Status: Unutilized Reason: Secured Area. Landholding Agency: DOT Reason: Floodway; Secured Area. USCG Gentian (WLB 290) Property Number: 879530020 Bldg. 25, Fuel Farm Fort Macon State Park Status: Unutilized U.S. Coast Guard Air Station Atlantic Beach Co: Carteret NC 27601– Reason: Floodway. Elizabeth City Co: Pasquotank NC 27909– Landholding Agency: DOT Unit #70 5006 Property Number: 879420007 Buxton Annex, Anna May Court Landholding Agency: DOT Status: Excess Buxton Co: Dare NC 27920– Property Number: 879320012 Reason: Secured Area. Landholding Agency: DOT Status: Unutilized Unit #71 Property Number: 879530021 Reason: Floodway; Secured Area. Buxton Annex, Cape Kendrick Circle Status: Unutilized Bldg. 27, Fuel Farm Buxton Co: Dare NC 27920– Reason: Floodway. U.S. Coast Guard Air Station Landholding Agency: DOT Unit #77 Elizabeth City Co: Pasquotank NC 27909– Property Number: 879530011 Buxton Annex, Anna May Court 5006 Status: Unutilized Buxton Co: Dare NC 27920– Landholding Agency: DOT Reason: Floodway. Landholding Agency: DOT Property Number: 879320013 Unit #72 Property Number: 879530022 Status: Unutilized Buxton Annex, Cape Kendrick Circle Status: Unutilized Reason: Floodway; Secured Area. Buxton Co: Dare NC 27920– Reason: Floodway. Bldg. 32, Fuel Farm Landholding Agency: DOT Unit #78 U.S. Coast Guard Air Station Property Number: 879530012 Buxton Annex, Anna May Court Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Buxton Co: Dare NC 27920– 5006 Reason: Floodway. Landholding Agency: DOT Landholding Agency: DOT Unit #73 Property Number: 879530023 Property Number: 879320014 Buxton Annex, Cape Kendrick Circle Status: Unutilized Status: Unutilized Buxton Co: Dare NC 27920– Reason: Floodway. Reason: Floodway; Secured Area. Landholding Agency: DOT Ohio Bldg. 67, USCG Support Center Property Number: 879530013 Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Bldg. 116 5006 Reason: Floodway. Defense Construction Supply Center Columbus Co: Franklin OH 43216–5000 Landholding Agency: DOT Unit #74 Landholding Agency: Army Property Number: 879320016 Buxton Annex, Cape Kendrick Circle Property Number: 219610528 Status: Unutilized Buxton Co: Dare NC 27920– Status: Unutilized Reason: Secured Area. Landholding Agency: DOT Reason: Secured Area; Extensive Property Number: 879530014 Bldg. 69, USCG Support Center deterioration. Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized 5006 Reason: Floodway. Fernald Env. Mgmt. Project 7400 Willey Road Landholding Agency: DOT Unit #75 Fernald Co: Hamilton OH 45030– Property Number: 879320017 Buxton Annex, Cape Kendrick Circle Landholding Agency: Energy Status: Unutilized Buxton Co: Dare NC 27920– Reason: Secured Area. Landholding Agency: DOT Property Number: 419540005 Status: Unutilized Bldg. 71, USCG Support Center Property Number: 879530015 Status: Unutilized Reason: Other Elizabeth City Co: Pasquotank NC 27909– Comment: Contamination. 5006 Reason: Floodway. Landholding Agency: DOT Unit #63 Mound—Guard Post Property Number: 879320018 Buxton Annex, Anna May Court Mound Road Status: Unutilized Buxton Co: Dare NC 27920– Miamisburg Co: Montgomery OH 45343– Reason: Secured Area. Landholding Agency: DOT Landholding Agency: Energy Property Number: 879530016 Property Number: 419540006 Bldg. 73, USCG Support Center Status: Unutilized Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Reason: Floodway. Reason: Within 2000 ft. of flammable or 5006 explosive material. Landholding Agency: DOT Unit #64 Property Number: 879320019 Buxton Annex, Anna May Court Oklahoma Status: Unutilized Buxton Co: Dare NC 27920– Bldg. P–2925, Fort Sill Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15291

Lawton Co: Comanche OK 73503– Property Number: 219610538 Bldg. 117 Landholding Agency: Army Status: Unutilized U.S. Coast Guard Base Property Number: 219610529 Reason: Secured Area; Extensive San Juan PR 00902–2029 Status: Unutilized deterioration. Landholding Agency: DOT Reason: Other Bldg. T–3203 Property Number: 879510002 Comment: Detached latrine. Letterkenny Army Depot Status: Unutilized Pennsylvania Chambersburg Co: Franklin PA 17201– Reason: Secured Area. Bldg. T–685 Landholding Agency: Army Bldg. 118 Carlisle Barracks Property Number: 219610539 U.S. Coast Guard Base Carlisle Co: Cumberland PA 17013– Status: Unutilized San Juan PR 00902–2029 Landholding Agency: Army Reason: Secured Area; Extensive Landholding Agency: DOT Property Number: 219610530 deterioration. Property Number: 879510003 Status: Unutilized Bldg. T–3204 Status: Unutilized Reason: Extensive deterioration. Letterkenny Army Depot Reason: Secured Area. Bldg. S–25–5 Chambersburg Co: Franklin PA 17201– Bldg. 119 Letterkenny Army Depot Landholding Agency: Army U.S. Coast Guard Base Chambersburg Co: Franklin PA 17201– Property Number: 219610540 San Juan PR 00902–2029 Landholding Agency: Army Status: Unutilized Landholding Agency: DOT Property Number: 219610531 Reason: Secured Area; Extensive Property Number: 879510004 Status: Unutilized deterioration. Status: Unutilized Reason: Secured Area; Extensive Bldg. T–3205 Reason: Secured Area. Letterkenny Army Depot deterioration. Bldg. 120 Chambersburg Co: Franklin PA 17201– Bldg. S–2285 U.S. Coast Guard Base Landholding Agency: Army Letterkenny Army Depot San Juan PR 00902–2029 Property Number: 219610541 Chambersburg Co: Franklin PA 17201– Landholding Agency: DOT Status: Unutilized Landholding Agency: Army Property Number: 879510005 Property Number: 219610532 Reason: Secured Area; Extensive deterioration. Status: Unutilized Status: Unutilized Reason: Secured Area. Bldg. T–3404 Reason: Secured Area; Extensive Bldg. 122 deterioration. Letterkenny Army Depot Chambersburg Co: Franklin PA 17201– U.S. Coast Guard Base Bldg. S–2377 San Juan PR 00902–2029 Letterkenny Army Depot Landholding Agency: Army Property Number: 219610542 Landholding Agency: DOT Chambersburg Co: Franklin PA 17201– Property Number: 879510006 Landholding Agency: Army Status: Unutilized Reason: Secured Area; Extensive Status: Unutilized Property Number: 219610533 Reason: Secured Area. Status: Unutilized deterioration. Reason: Secured Area; Extensive Bldg. T–3406 Bldg. 128 deterioration. Letterkenny Army Depot U.S. Coast Guard Base San Juan PR 00902–2029 Bldg. S2689 Chambersburg Co: Franklin PA 17201– Landholding Agency: Army Landholding Agency: DOT Letterkenny Army Depot Property Number: 879510007 Chambersburg Co: Franklin PA 17201– Property Number: 219610543 Status: Unutilized Landholding Agency: Army Status: Unutilized Reason: Secured Area. Property Number: 219610534 Reason: Secured Area; Extensive Status: Unutilized deterioration. Bldg. 129 Reason: Secured Area; Extensive Bldg. T–3408 U.S. Coast Guard Base deterioration. Letterkenny Army Depot San Juan PR 00902–2029 Landholding Agency: DOT Bldg. T–680 Chambersburg Co: Franklin PA 17201– Property Number: 879510008 Letterkenny Army Depot Landholding Agency: Army Status: Unutilized Chambersburg Co: Franklin PA 17201– Property Number: 219610544 Reason: Secured Area. Landholding Agency: Army Status: Unutilized Property Number: 219610535 Reason: Secured Area; Extensive Rhode Island deterioration. Status: Unutilized Station Point Judith Pier Reason: Secured Area; Extensive Puerto Rico Narranganset Co: Washington RI 02882– deterioration. NAFA Warehouse Landholding Agency: DOT Bldg. T–681 U.S. Coast Guard Air Station Borinquen Property Number: 879310002 Letterkenny Army Depot Aguadilla PR 00604– Status: Unutilized Chambersburg Co: Franklin PA 17201– Landholding Agency: DOT Reason: Extensive deterioration. Landholding Agency: Army Property Number: 879310011 South Dakota Property Number: 219610536 Status: Unutilized Status: Unutilized Reason: Secured Area. Bldg.—Huron Airport Hangar Reason: Secured Area; Extensive Storage Equipment Bldg. Huron Regional Airport deterioration. U.S. Coast Guard Air Station Borinquen Huron Co: Beadle SD 57350– Bldg. T–3201 Aguadilla PR 00604– Landholding Agency: Energy Letterkenny Army Depot Landholding Agency: DOT Property Number: 419510005 Chambersburg Co: Franklin PA 17201– Property Number: 879330001 Status: Unutilized Landholding Agency: Army Status: Unutilized Reason: Within airport runway clear zone. Property Number: 219610537 Reason: Secured Area. Tennessee Status: Unutilized Bldg. 115 Bldgs. 401–1, 401–2 Reason: Secured Area; Extensive U.S. Coast Guard Base Volunteer Army Ammunition Plant deterioration. San Juan PR 00902–2029 Chattanooga Co: Hamilton TN Bldg. T–3202 Landholding Agency: DOT Landholding Agency: Army Letterkenny Army Depot Property Number: 879510001 Property Number: 219610545 Chambersburg Co: Franklin PA 17201– Status: Unutilized Status: Unutilized Landholding Agency: Army Reason: Secured Area. Reason: Secured Area. 15292 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Texas Reason: Within 2000 ft. of flammable or Bldg. 61–J Bldg. 56328, Fort Hood explosive material; Secured Area. Longhorn Army Ammunition Plant Ft. Hood Co: Coryell TX 76544– Bldg. 709–A Karnack Co: Harrison TX 75671– Landholding Agency: Army Longhorn Army Ammunition Plant Landholding Agency: Army Property Number: 219610546 Karnack Co: Harrison TX 75671– Property Number: 219610565 Status: Unutilized Landholding Agency: Army Status: Unutilized Reason: Extensive deterioration. Property Number: 219610556 Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Bldg. 1868, Fort Hood Status: Unutilized Ft. Hood Co: Coryell TX 76544– Reason: Within 2000 ft. of flammable or Bldg. LR–1 Landholding Agency: Army explosive material; Secured Area. Longhorn Army Ammunition Plant Property Number: 219610547 Bldg. 707–F Karnack Co: Harrison TX 75671– Status: Unutilized Longhorn Army Ammunition Plant Landholding Agency: Army Reason: Extensive deterioration. Karnack Co: Harrison TX 75671– Property Number: 219610566 Status: Unutilized Bldg. P–612 Landholding Agency: Army Property Number: 219610557 Reason: Within 2000 ft. of flammable or San Antonio Co: Bexar TX 78234–5000 explosive material; Secured Area. Landholding Agency: Army Status: Unutilized Property Number: 219610548 Reason: Within 2000 ft. of flammable or Bldg. 3–Y Status: Unutilized explosive material; Secured Area. Longhorn Army Ammunition Plant Reason: Extensive deterioration. Bldg. 707–G Karnack Co: Harrison TX 75671– Longhorn Army Ammunition Plant Landholding Agency: Army Bldg. P–4019 Property Number: 219610567 Fort Sam Houston Karnack Co: Harrison TX 75671– Status: Unutilized San Antonio Co: Bexar TX 78234–5000 Landholding Agency: Army Reason: Within 2000 ft. of flammable or Landholding Agency: Army Property Number: 219610558 explosive material; Secured Area. Property Number: 219610549 Status: Unutilized Status: Unutilized Reason: Within 2000 ft. of flammable or Bldg. 722–F Reason: Extensive deterioration. explosive material; Secured Area. Longhorn Army Ammunition Plant Karnack Co: Harrison TX 75671– Bldg. T–5033 Bldg. 707–J Landholding Agency: Army Fort Sam Houston Longhorn Army Ammunition Plant Property Number: 219610568 San Antonio Co: Bexar TX 78234–5000 Karnack Co: Harrison TX 75671– Status: Unutilized Landholding Agency: Army Landholding Agency: Army Property Number: 219610550 Property Number: 219610559 Reason: Within 2000 ft. of flammable or Status: Unutilized Status: Unutilized explosive material; Secured Area. Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Bldg. 211–2 Bldg. P–6270 explosive material; Secured Area. Longhorn Army Ammunition Plant Fort Sam Houston Bldg. 707–A Karnack Co: Harrison TX 75671– San Antonio Co: Bexar TX 78234–5000 Longhorn Army Ammunition Plant Landholding Agency: Army Landholding Agency: Army Karnack Co: Harrison TX 75671– Property Number: 219610569 Property Number: 219610551 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 219610560 Reason: Within 2000 ft. of flammable or Reason: Secured Area. Status: Unutilized explosive material; Secured Area. 11 Bldgs. Reason: Within 2000 ft. of flammable or Bldg. 35–G Fort Sam Houston explosive material; Secured Area. Longhorn Army Ammunition Plant San Antonio Co: Bexar TX 78234–5000 Bldg. 8–T Karnack Co: Harrison TX 75671– Location: T–5002, T–5129 thru T–5133, T– Longhorn Army Ammunition Plant Landholding Agency: Army 5135, T–5141, T–5149 thru T–5151 Karnack Co: Harrison TX 75671– Property Number: 219610570 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 219610552 Property Number: 219610561 Reason: Within airport runway clear zone; Status: Unutilized Status: Unutilized Secured Area. Reason: Other. Reason: Within 2000 ft. of flammable or Bldg. 815 Comment: Detached latrines. explosive material; Secured Area. Longhorn Army Ammunition Plant 13 Bldgs. Bldg. 707–B Karnack Co: Harrison TX 75671– Longhorn Army Ammunition Plant Longhorn Army Ammunition Plant Landholding Agency: Army Karnack Co: Harrison TX 75671– Karnack Co: Harrison TX 75671– Property Number: 219610571 Location: 26–B–1, 53–B–1, 25–C–1, 26–E–1, Landholding Agency: Army Status: Unutilized 28–G–1, 33–G–1, 54–G–1, 62–G–1, 28–H– Property Number: 219610562 Reason: Within 2000 ft. of flammable or 1, 75–I–1, 90–J–1, 41–W–1 Status: Unutilized explosive material; Secured Area. Property Number: 219610553 Reason: Within 2000 ft. of flammable or Bldg. P–124 Status: Unutilized explosive material; Secured Area. Longhorn Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. 4–Y Karnack Co: Harrison TX 75671– explosive material; Secured Area. Longhorn Army Ammunition Plant Landholding Agency: Army Bldgs. 43–E, 46–E, CB–2 Karnack Co: Harrison TX 75671– Property Number: 219610572 Longhorn Army Ammunition Plant– Landholding Agency: Army Status: Unutilized Karnack Co: Harrison TX 75671– Property Number: 219610563 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material; Secured Area. Property Number: 219610554 Reason: Within 2000 ft. of flammable or Bldg. 27–A Status: Unutilized explosive material; Secured Area. Longhorn Army Ammunition Plant Reason: Within 2000 ft. of flammable or Bldg. 26–G Karnack Co: Harrison TX 75671– explosive material; Secured Area. Longhorn Army Ammunition Plant Landholding Agency: Army 5 Bldgs. Karnack Co: Harrison TX 75671– Property Number: 219610573 Longhorn Army Ammunition Plant Landholding Agency: Army Status: Unutilized 25–G–2, 61–J–2, 8–T–2, 4–Y–2, 41–W–2 Property Number: 219610564 Reason: Within 2000 ft. of flammable or Karnack Co: Harrison TX 75671– Status: Unutilized explosive material; Secured Area. Property Number: 219610555 Reason: Within 2000 ft. of flammable or Bldg. 705 Status: Unutilized explosive material; Secured Area. Longhorn Army Ammunition Plant Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15293

Karnack Co: Harrison TX 75671– Property Number: 219610583 Landholding Agency: DOT Landholding Agency: Army Status: Unutilized Property Number: 879530006 Property Number: 219610574 Reason: Within 2000 ft. of flammable or Status: Unutilized Status: Unutilized explosive material; Secured Area. Reason: Secured Area; Within 2000 ft. of Reason: Within 2000 ft. of flammable or Bldg. 451 flammable or explosive material. explosive material; Secured Area. Longhorn Army Ammunition Plant Boat House Bldg. 720–A Karnack Co: Harrison TX 75671– USCG Station Sabine Longhorn Army Ammunition Plant Landholding Agency: Army Sabine Co: Jefferson TX 77655– Karnack Co: Harrison TX 75671– Property Number: 219610584 Landholding Agency: DOT Landholding Agency: Army Status: Unutilized Property Number: 879530007 Property Number: 219610575 Reason: Within 2000 ft. of flammable or Status: Unutilized Status: Unutilized explosive material; Secured Area. Reason: Secured Area; Within 2000 ft. of Reason: Within 2000 ft. of flammable or 19 Bldgs., Fort Hood flammable or explosive material. explosive material; Secured Area. Ft. Hood Co: Coryell TX 76544– Small Boat Pier Bldg. 101 Location: 56505, 56640, 56641, 56646, 56648, USCG Station Sabine Longhorn Army Ammunition Plant 56720, 56721, 56726, 56727, 56728, 56730, Sabine Co: Jefferson TX 77655– Karnack Co: Harrison TX 75671– 56731, 56736, 56737, 56740, 56741, 56746, Landholding Agency: DOT Landholding Agency: Army 56747, 56748 Property Number: 879530008 Property Number: 219610576 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 219610585 Reason: Secured Area; Within 2000 ft. of Reason: Within 2000 ft. of flammable or Status: Unutilized flammable or explosive material. explosive material; Secured Area. Reason: Other; Extensive deterioration Vermont Comment: Detached latrines. Bldg. 704–A Depot Street Longhorn Army Ammunition Plant Bldg. 90–J Downtown at the Waterfront Karnack Co: Harrison TX 75671– Longhorn Army Ammunition Plant Burlington Co: Chittenden VT 05401–5226 Landholding Agency: Army Karnack Co: Harrison TX 75671– Landholding Agency: DOT Property Number: 219610577 Landholding Agency: Army Property Number: 879220003 Status: Unutilized Property Number: 219610635 Status: Excess Reason: Within 2000 ft. of flammable or Status: Unutilized Reason: Floodway. explosive material; Secured Area. Reason: Within 2000 ft. of flammable or Virginia Bldg. 22–A explosive material; Secured Area. Longhorn Army Ammunition Plant Old Exchange Bldg. Bldg. 627, Fort Eustis Karnack Co: Harrison TX 75671– U.S. Coast Guard Ft. Eustis VA 23604– Landholding Agency: Army Galveston Co: Galveston TX 77553–3001 Landholding Agency: Army Property Number: 219610578 Landholding Agency: DOT Property Number: 219610586 Status: Unutilized Property Number: 879310012 Status: Unutilized Reason: Within 2000 ft. of flammable or Status: Unutilized Reason: Extensive deterioration. explosive material; Secured Area. Reason: Secured Area. Bldg. 822, Fort Eustis Bldg. 21–A WPB Building Ft. Eustis VA 23604– Longhorn Army Ammunition Plant Station Port Isabel Landholding Agency: Army Karnack Co: Harrison TX 75671– Coast Guard Station Property Number: 219610587 Landholding Agency: Army South Padre Island Co: Cameron TX 78597– Status: Unutilized Property Number: 219610579 6497 Reason: Extensive deterioration. Status: Unutilized Landholding Agency: DOT Bldg. TT0806, Fort A.P. Hill Reason: Within 2000 ft. of flammable or Property Number: 879530002 Bowling Green Co: Caroline VA 22427– explosive material; Secured Area. Status: Unutilized Landholding Agency: Army Bldg. 13–T Reason: Floodway. Property Number: 219610588 Longhorn Army Ammunition Plant Aton Shops Building Status: Unutilized Karnack Co: Harrison TX 75671– USCG Station Sabine Reason: Extensive deterioration. Landholding Agency: Army Sabine Co: Jefferson TX 77655– Bldg. T–1200 Property Number: 219610580 Landholding Agency: DOT U.S. Army Combined Arms Support Status: Unutilized Property Number: 879530003 Command Reason: Within 2000 ft. of flammable or Status: Unutilized Fort Lee Co: Prince George VA 23801– explosive material; Secured Area. Reason: Secured Area; Within 2000 ft. of Landholding Agency: Army Bldg. 736–A flammable or explosive material. Property Number: 219610589 Longhorn Army Ammunition Plant WPB Storage Shed Status: Unutilized Karnack Co: Harrison TX 75671– USCG Station Sabine Reason: Extensive deterioration. Landholding Agency: Army Sabine Co: Jefferson TX 77655– Bldg. T–1300 Property Number: 219610581 Landholding Agency: DOT U.S. Army Combined Arms Support Status: Unutilized Property Number: 879530004 Command Reason: Within 2000 ft. of flammable or Status: Unutilized Fort Lee Co: Prince George VA 23801– explosive material; Secured Area. Reason: Secured Area; Within 2000 ft. of Landholding Agency: Army Bldg. 722–E flammable or explosive material. Property Number: 219610590 Longhorn Army Ammunition Plant Flammable Storage Building Status: Unutilized Karnack Co: Harrison TX 75671– USCG Station Sabine Reason: Extensive deterioration. Landholding Agency: Army Sabine Co: Jefferson TX 77655– Bldg. T–1305 Property Number: 219610582 Landholding Agency: DOT U.S. Army Combined Arms Support Status: Unutilized Property Number: 879530005 Command Reason: Within 2000 ft. of flammable or Status: Unutilized Fort Lee Co: Prince George VA 23801– explosive material; Secured Area. Reason: Secured Area; Within 2000 ft. of Landholding Agency: Army Bldg. 601–A flammable or explosive material. Property Number: 219610591 Longhorn Army Ammunition Plant Battery Storage Building Status: Unutilized Karnack Co: Harrison TX 75671– USCG Station Sabine Reason: Extensive deterioration. Landholding Agency: Army Sabine Co: Jefferson TX 77655– Bldg. T–1307 15294 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

U.S. Army Combined Arms Support Status: Unutilized Property Number: 879230004 Command Reason: Extensive deterioration. Status: Excess Fort Lee Co: Prince George VA 23801– 5 Bldgs. Reason: Secured Area. Landholding Agency: Army Fort Story Damage Control Bldg. Property Number: 219610592 503, 513, 523, 525, 564 Coast Guard, Group Eastern Shores Status: Unutilized Ft. Story Co: Princess Ann VA 23459– Chincoteague Co: Accomack VA 23361-510 Reason: Extensive deterioration. Landholding Agency: Army Landholding Agency: DOT Bldg. T–1310 Property Number: 219610602 Property Number: 879240013 U.S. Army Combined Arms Support Status: Unutilized Status: Unutilized Command Reason: Extensive deterioration. Reason: Secured Area. Fort Lee Co: Prince George VA 23801– Bldg. 537 Admin. Bldg. Landholding Agency: Army Fort Story Coast Guard, Group Eastern Shores Property Number: 219610593 Ft. Story Co: Princess Ann VA 23459– Chincoteague Co: Accomack VA 23361–510 Status: Unutilized Landholding Agency: Army Landholding Agency: DOT Reason: Extensive deterioration. Property Number: 219610603 Property Number: 879240014 Bldg. T–1706 Status: Unutilized Status: Unutilized U.S. Army Combined Arms Support Reason: Extensive deterioration. Reason: Secured Area. Command Bldg. 607 Storage Bldg. Fort Lee Co: Prince George VA 23801– Fort Story Coast Guard, Group Eastern Shores Landholding Agency: Army Ft. Story Co: Princess Ann VA 23459– Chincoteague Co: Accomack VA 23361–510 Property Number: 219610594 Landholding Agency: Army Landholding Agency: DOT Status: Unutilized Property Number: 219610604 Property Number: 879240015 Reason: Extensive deterioration. Status: Unutilized Status: Unutilized Bldg. T–9016 Reason: Extensive deterioration. Reason: Secured Area. U.S. Army Combined Arms Support Bldgs. 840, 843, 853 Little Creek Station Command Fort Story Navamphib Base, West Annex, U.S. Coast Fort Lee Co: Prince George VA 23801– Ft. Story Co: Princess Ann VA 23459– Guard Landholding Agency: Army Landholding Agency: Army Norfolk Co: Princess Anne VA 23520– Property Number: 219610595 Property Number: 219610605 Landholding Agency: DOT Status: Unutilized Status: Unutilized Property Number: 879310004 Reason: Extensive deterioration. Reason: Extensive deterioration. Status: Unutilized Bldg. T–11110 8 Bldgs. Reason: Secured Area. U.S. Army Combined Arms Support Fort Story Washington Command 1032, 1052, 1053, 1054, 1055, 1060, 1062– Bldg. 9790 Fort Lee Co: Prince George VA 23801– 1063 Fort Lewis Landholding Agency: Army Ft. Story Co: Princess Ann VA 23459– Fort Lewis Co: Pierce WA 98433– Property Number: 219610596 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 219610606 Property Number: 219610001 Reason: Extensive deterioration. Status: Unutilized Status: Unutilized Bldg. T–12204 Reason: Extensive deterioration. Reason: Secured Area; Extensive U.S. Army Combined Arms Support Bldg. A9304–00 deterioration. Command Radford Army Ammunition Plant Bldg. 9779 Fort Lee Co: Prince George VA 23801– Radford VA 24141– Fort Lewis Landholding Agency: Army Landholding Agency: Army Fort Lewis Co: Pierce WA 98433– Property Number: 219610597 Property Number: 219610607 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 219610002 Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Status: Unutilized Bldg. T–12301 explosive material; Secured Area. Reason: Secured Area; Extensive U.S. Army Combined Arms Support Bldg. 9229–00 deterioration. Command Radford Army Ammunition Plant Bldg. 1033 Fort Lee Co: Prince George VA 23801– Radford VA 24141– Fort Lewis Landholding Agency: Army Landholding Agency: Army Fort Lewis Co: Pierce WA 98433– Property Number: 219610598 Property Number: 219610608 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 219610003 Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Status: Unutilized Bldg. 305 explosive material; Secured Area. Reason: Secured Area; Extensive Fort Story Bldgs. 1426, 1427, 1428 deterioration. Fort Story Co: Princess Ann Va 23459– Fort Belvoir Bldg. 1410, 1415, 1416 Landholding Agency: Army Ft. Belvoir Co: Fairfax VA 22060–5116 Fort Lewis Property Number: 219610599 Landholding Agency: Army Fort Lewis Co: Pierce WA 98433– Status: Unutilized Property Number: 219610609 Landholding Agency: Army Reason: Extensive deterioration. Status: Unutilized Property Number: 219610004 Bldg. 317 Reason: Extensive deterioration. Status: Unutilized Fort Story Bldgs. 1430–1431 Reason: Secured Area; Extensive Fort Story Co: Princess Ann VA 23459– Fort Belvoir deterioration. Landholding Agency: Army Ft. Belvoir Co: Fairfax VA 22060–5116 Bldg. 9578 Property Number: 219610600 Landholding Agency: Army Fort Lewis Status: Unutilized Property Number: 219610610 Fort Lewis Co: Pierce WA 98433– Reason: Extensive deterioration. Status: Unutilized Landholding Agency: Army Bldg. 501 Reason: Extensive deterioration. Property Number: 219610005 Fort Story Bldg. 052 & Tennis Court Status: Unutilized Ft. Story Co: Princess Ann VA 23459– USCG Reserve Training Center Reason: Secured Area; Extensive Landholding Agency: Army Yorktown Co: York VA 23690– deterioration. Property Number: 219610601 Landholding Agency: DOT Bldg. 9577 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15295

Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610015 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610006 Reason: Secured Area; Extensive Building 1160 Status: Unutilized deterioration. Fort Lewis Reason: Secured Area; Extensive Bldg. 4065 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Landholding Agency: Army Bldg. 9585 Fort Lewis Co: Pierce WA 98433– Property Number: 219610025 Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610016 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610007 Reason: Secured Area; Extensive Building 1184 Status: Unutilized deterioration. Fort Lewis Reason: Secured Area; Extensive Building 1115 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Landholding Agency: Army Bldg. 9582 Fort Lewis Co: Pierce WA 98433– Property Number: 219610026 Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610017 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610008 Reason: Secured Area; Extensive Building 1165 Status: Unutilized deterioration. Fort Lewis Reason: Secured Area; Extensive Building 1114 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Landholding Agency: Army Bldg. 9581 Fort Lewis Co: Pierce WA 98433– Property Number: 219610027 Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610018 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610009 Reason: Secured Area; Extensive Building 1057 Status: Unutilized deterioration. Fort Lewis Reason: Secured Area; Extensive Building B1107 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Landholding Agency: Army Bldg. 9579 Fort Lewis Co: Pierce WA 98433– Property Number: 219610028 Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610019 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610010 Reason: Secured Area; Extensive Building 1032 Status: Unutilized deterioration. Fort Lewis Reason: Secured Area; Extensive Building B1102 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Landholding Agency: Army Bldg. 9615 Fort Lewis Co: Pierce WA 98433– Property Number: 219610029 Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610020 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610011 Reason: Secured Area; Extensive Building E1001 Status: Unutilized deterioration. Fort Lewis Reason: Secured Area; Extensive Building B–0150 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Landholding Agency: Army Bldg. 1212 Fort Lewis Co: Pierce WA 98433– Property Number: 219610030 Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610021 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610012 Reason: Secured Area; Extensive Bldg. C–0801 Status: Unutilized deterioration. Fort Lewis Reason: Secured Area; Extensive Building 1264 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Landholding Agency: Army Bldg. 1211 Fort Lewis Co: Pierce WA 98433– Property Number: 219610031 Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610022 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610013 Reason: Secured Area; Extensive Bldgs. A–0131, B–1120 Status: deterioration. Fort Lewis Reason: Secured Area; Extensive Building 1260 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Landholding Agency: Army Bldg. 1161 Fort Lewis Co: Pierce WA 98433– Property Number: 219610032 Fort Lewis Landholding Agency: Army Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 219610023 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610014 Reason: Secured Area; Extensive 20 Dining Facilities Status: Unutilized deterioration. Fort Lewis Reason: Secured Area; Extensive Building 1164 Fort Lewis Co: Pierce WA 98433– deterioration. Fort Lewis Location: A0401, A0531, B0403, B0427, Bldg. 1031 Fort Lewis Co: Pierce WA 98433– B0434, B0503, B0510, B0527, B0534, Fort Lewis Landholding Agency: Army B0610, B0634, B0710, C0233, C0408, Fort Lewis Co: Pierce WA 98433– Property Number: 219610024 C0421, C0501, C0521, 4132, C0508, B0603 15296 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Landholding Agency: Army Reason: Secured Area; Extensive Wisconsin deterioration. Property Number: 219610033 Bldg. 1365 Status: Unutilized A1403, A1505 Fort McCoy Reason: Secured Area; Extensive Fort Lewis Ft. McCoy Co: Monroe WI 54656– deterioration. Fort Lewis Co: Pierce WA 98433– Landholding Agency: Army 10 Buildings Landholding Agency: Army Fort Lewis Property Number: 219610041 Property Number: 219610611 Fort Lewis Co: Pierce WA 98433– Status: Unutilized Status: Unutilized Location: B0411, B0422, C0420, B0511, Reason: Secured Area; Extensive Reason: Extensive deterioration. B0522, C0520, A0630, B0611, B0711, deterioration. Bldg. 1734 B0722 Bldgs. A0117, A0129, B1118, C1322 Fort McCoy Landholding Agency: Army Fort Lewis Ft. McCoy Co: Monroe WI 54656– Property Number: 219610034 Fort Lewis Co: Pierce WA 98433– Landholding Agency: Army Status: Unutilized Landholding Agency: Army Property Number: 219610612 Reason: Secured Area; Extensive Property Number: 219610042 deterioration. Status: Unutilized Status: Unutilized Reason: Extensive deterioration. Bldg. B1129 Reason: Secured Area; Extensive Fort Lewis deterioration. Rawley Point Light Fort Lewis Co: Pierce WA 98433– Building 4301 Two Rivers Co: Manitowoc WI Landholding Agency: Army Fort Lewis Landholding Agency: DOT Property Number: 219610035 Fort Lewis Co: Pierce WA 98433– Property Number: 879540004 Status: Unutilized Landholding Agency: Army Status: Unutilized Reason: Secured Area; Extensive Property Number: 219610043 Reason: Secured Area; Extensive deterioration. Status: Unutilized deterioration. 38 Barracks Buildings Reason: Secured Area; Extensive Fort Lewis deterioration. Land (by State) Fort Lewis Co: Pierce WA 98433– Buildings A0111, A0125 Alaska Location: A0403, A0411, A0419, A0443, Fort Lewis B0434, A0444, B0404, B0428, B0431, Fort Lewis Co: Pierce WA 98433– Russian Creek Aggregate Site B0433, C0402, C0403, C0407, C0422, Landholding Agency: Army USCG Support Center Kodiak C0423, C0427, B0507, B0509, A0510, Property Number: 219610044 Kodiak Co: Kodiak AK 99619– A0511, C0502, C0506, C0507, C0522, Status: Unutilized Landholding Agency: DOT C0523, A0620, A0628, A0629, B0632, Reason: Secured Area; Extensive Property Number: 879440025 B0633, B0704, B0708, C0804, B0908, deterioration. Status: Excess B0909, C1107, B0528, B0531 4 Buildings Reason: Floodway. Landholding Agency: Army Fort Lewis Property Number: 219610036 Fort Lewis Co: Pierce WA 98433– Sargent Creek Aggregate Site Status: Unutilized Location: B0622, C0618, C1326, 4133 USCG Support Center Kodiak Reason: Secured Area; Extensive Landholding Agency: Army Kodiak Co: Kodiak AK 99619– deterioration. Property Number: 219610045 Landholding Agency: DOT B1117, C1323 Admin. Status: Unutilized Property Number: 879440026 Fort Lewis Reason: Secured Area; Extensive Status: Excess Fort Lewis Co: Pierce WA 98433– deterioration. Reason: Floodway. Landholding Agency: Army Officer’s Quarters B1111 Florida Property Number: 219610037 Fort Lewis Status: Unutilized Fort Lewis Co: Pierce WA 98433– Land—approx. 220 acres Reason: Secured Area; Extensive Landholding Agency: Army Cape San Blas deterioration. Property Number: 219610046 Port St. Joe Co: Gulf FL B1116, C1332 Admin. Status: Unutilized Landholding Agency: DOT Fort Lewis Reason: Secured Area; Extensive Property Number: 879440018 Fort Lewis Co: Pierce WA 98433– deterioration. Status: Underutilized Landholding Agency: Army Building A0134 Reason: Secured Area; Floodway. Property Number: 219610038 Fort Lewis Status: Unutilized Fort Lewis Co: Pierce WA 98433– Michigan Reason: Secured Area; Extensive Landholding Agency: Army Middle Marker Facility deterioration. Property Number: 219610047 Yipsilanti Co: Washtenaw MI 48198– A0117, A0129, B1118, C01322 Status: Unutilized Location: 549 ft. north of intersection of Reason: Secured Area; Extensive Fort Lewis Coolidge and Bradley Ave. on East side of deterioration. Fort Lewis Co: Pierce WA 98433– street Landholding Agency: Army Buildings B0116, C01332 Landholding Agency: DOT Property Number: 219610039 Fort Lewis Status: Unutilized Fort Lewis Co: Pierce WA 98433– Property Number: 879120006 Reason: Secured Area; Extensive Landholding Agency: Army Status: Unutilized deterioration. Property Number: 219610048 Reason: Within airport runway clear zone. 22 Dayroom Buildings Status: Unutilized [FR Doc. 96–8208 Filed 4–4–96; 8:45 am] Fort Lewis Reason: Secured Area; Extensive BILLING CODE 4210±29±M Fort Lewis Co: Pierce WA 98433– deterioration. Location: 04129, A0126, B0412, B0413, Structure PGP 45A B0420, B0421, B0513, B0512, C0410, Fort Lewis C0418, C0419, C0510, B0520, B0521, Fort Lewis Co: Pierce WA 98433– B0613, B0620, B0621, B0712, B0713, Landholding Agency: Army B0720, B0721, C1327 Property Number: 219610264 Landholding Agency: Army Status: Unutilized Property Number: 219610040 Reason: Secured Area; Extensive Status: Unutilized deterioration. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15297

DEPARTMENT OF THE INTERIOR Conservation Plan Program, 3704 Griffin strategy, similar to the proposed HCP for Lane SE, Suite 102, Olympia, other planning units. The OESF is Fish and Wildlife Service Washington 98501–2192; (360) 534– addressed separately from the other 9330. planning units because of its unique Notice of Availability of a Draft SUPPLEMENTARY INFORMATION: location on the Olympic Peninsula, Environmental Impact Statement and Under section 9 of the Act and its value to fish and wildlife, and current Receipt of an Application for the condition of its forests. This planning Proposed Issuance of an Incidental implementing regulations, ‘‘taking’’ of threatened and endangered species is unit has provisions for a greater Take Permit for Threatened and emphasis on research as part of the Endangered Species on Lands prohibited. However, the Services, under limited circumstances, may issue mitigation measures for incidental take. Managed by the Washington The DNR seeks to obtain an incidental Department of Natural Resources permits to take threatened or endangered wildlife species if such take permit for owls, murrelets, Oregon (DNR) Within the Range of the silverspot butterflies, Aleutian Canadian Northern Spotted Owl taking is incidental to, and not the purpose of, otherwise lawful activities. Geese, peregrine falcons, bald eagles, AGENCY: Fish and Wildlife Service, Regulations governing permits for gray wolves, grizzly bears, and Interior. threatened and endangered species are Columbian white-tailed deer that may occur on State lands managed by DNR ACTION: Notice of availability. in 50 CFR 17.22 and 17.32. The Applicant has addressed species within the HCP area. Under the HCP, the owl conservation strategy for all SUMMARY: This notice advises the public conservation and ecosystem planning units, excluding the OESF, that the Washington Department of management on approximately 1.6 was developed to minimize and mitigate Natural Resources (Applicant) has million acres of State-managed land for the incidental take by providing owl applied to the Fish and Wildlife Service within the range of the northern spotted nesting, roosting and foraging (NRF) and the National Marine Fisheries owl (Strix occidentalis caurina) (owl) in habitat, and dispersal habitat in areas Service (together Services) for an Washington. The Applicant is that complement the Northwest Forest incidental take permit pursuant to requesting a permit for the incidental Plan. The amount and location of this section 10(a)(1)(B) of the Endangered take of the owl, marbled murrelet habitat varies between planning units Species Act of 1973, as amended (Act). (Brachyramphus marmoratus) depending upon the amount of DNR- The Applicant has also requested an (murrelet), Oregon silverspot butterfly unlisted species agreement to cover managed lands designated as NRF- (Speyeria zerene hippolyta), Aleutian management areas and the capability of species which may occur in the Canada goose (Branta canadensis planning area and which may be listed the land to provide owl habitat. leucopareia), peregrine falcon (Falco However, the objective is to provide in the future. The term of the permit has peregrinus), bald eagle (Haliaeetus not been decided. The Applicant is NRF on 50 percent of DNR-managed leucocephalus), gray wolf (Canis lupus), lands within the NRF-management seeking a permit term of up to 100 years, grizzly bear (Ursus arctos) and the subject to final approval by its areas. Under the enhanced conservation Columbian white-tailed dear alternative, the objective is to provide authorizing board. The Services will (Odocoileus virginianus leucurus) provide recommendations to the NRF on 60 percent of DNR-managed which may occur as a result of timber lands within such areas. Both action Applicant on all issues related to the harvest and related activities within the application, including the permit term, alternatives also include areas managed 1.6 million-acre planning area. for owl dispersal habitat. upon completion of the Services’ review The Habitat Conservation Plan (HCP) of the application. The application has For owls on the OESF, the proposed is designed to complement the HCP takes an ‘‘unzoned approach’’. The been assigned permit number PRT– President’s Northwest Forest Plan, and 812521. The Services also announce the goals for each of 11 landscape- includes various forms of mitigation management units include 20 percent of availability of a Draft Environmental which are integral parts of the HCP. The Impact Statement (DEIS) for the the area as NRF habitat and another 20 HCP covers nine planning units which percent which would also provide proposed issuance of the incidental take occur in three basic geographic areas: (1) permit. This notice is provided pursuant roosting and foraging opportunities for five planning units in the area west of owls. The alternative ‘‘zoned approach’’ to section 10(c) of the Act and National the Cascade Crest; (2) three planning would use a combination of nest groves, Environmental Policy Act regulations units in the area within the range of the core areas, range areas, and temporary (40 CFR 1506.6). owl east of the Cascade Crest; and (3) special pair areas to emphasize DATES: Written comments on the permit the Olympic Experimental State Forest strategically located areas. application and DEIS should be (OESF) Planning Unit. Only listed The murrelet conservation strategy for received on or before May 20, 1996. species are addressed east of the the proposed HCP includes provisions ADDRESSES: Comments regarding the Cascade Crest. to conduct a habitat-relationship study application or DEIS, or requests for Three alternatives are presented for to determine the type and range of these documents, should be addressed the HCP planning units excluding the potential murrelet habitat that is likely to Curt Smitch, U.S. Fish and Wildlife OESF Planning Unit: (1) a No-Action to be occupied. After habitat- Service, and Churck Turley, Washington alternative; (2) the proposed HCP; and relationship studies are completed on a Department of Natural Resources, 1111 (3) an HCP strategy with enhanced planning unit by planning unit basis, a Washington Street SE., P.O. Box 47011, conservation. Three alternatives are small percentage of marginal murrelet Olympia, Washington 98504–7011. presented separately for the Olympic habitat will be released for harvest Please refer to permit No. PRT–812521 Experimental State Forest: (1) a No- without surveys. A long-range when submitting comments. Action alternative; (2) a zoned conservation strategy will be developed FOR FURTHER INFORMATION CONTACT: conservation strategy which focuses on in consultation with the Fish and William Vogel or Craig Hansen, Fish owl demographic support, and Wildlife Service after habitat- and Wildlife Service, or Steve Landino, maintenance of several existing owl relationship studies are completed and National Marine Fisheries Service, at sites and likely landscape connections; surveys of remaining habitat are the Pacific Northwest Habitat and (3) an unzoned conservation concluded. Under the enhanced 15298 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices conservation strategy, all suitable Dated: March 26, 1996. continued operation and strengthening murrelet habitat, including marginal Thomas J. Dwyer, of the tribal government and the habitat, would be retained until the Deputy Regional Director, Region 1, Fish and delivery of tribal government services. completion of the long-range Wildlife Service. 104. Effective date. This ordinance conservation strategy. These same [FR Doc. 96–8117 Filed 4–4–96; 8:45 am] shall be effective on certification by the alternatives apply to the OESF as well. BILLING CODE 4310±55±P Secretary of the Interior and its The riparian strategies for both action publication in the Federal Register. alternatives were developed to protect Bureau of Indian Affairs Article I. Declaration of Public Policy anadromous fish and riparian-obligate and Purpose species by establishing riparian Wyandotte Tribe of Oklahoma Liquor (a) The introduction, possession, and management zones, wetland protection Ordinance areas, and provisions to address other sale of liquor on the Wyandotte Trust issues including steep and unstable AGENCY: Bureau of Indian Affairs, Land is a matter of special concern to slopes, rain-on-snow event areas, and Interior. the Wyandotte Tribe of Oklahoma. road system management. Under the ACTION: Notice. (b) Federal Law currently prohibits HCP, riparian management zones will the introduction of liquor into Indian be established along all Type 1 through SUMMARY: This Notice is published in Country (18 U.S.C. § 1154), except as Type 4 Waters. Type 5 Waters will be accordance with authority delegated by provided therein and expressly protected in areas having a high risk of the Secretary of the Interior to the delegates to the tribes the decision mass wasting. These buffers will contain Assistant Secretary—Indian Affairs by regarding when and to what extent a no-harvest portion as well as areas 209 DM8, and in accordance with the liquor transactions shall be permitted. where management activity will be Act of August 15, 1953, 67 Stat. 586, 18 (18 U.S.C. 1161). allowed. Additional wind buffers will U.S.C. § 1161. I certify that Resolution (c) The Wyandotte Tribal Council be placed on Type 1 through Type 3 No. 941011A, the Wyandotte Tribe of finds that a complete ban on liquor Waters on the windward side of the Oklahoma Liquor Control Ordinance within the Wyandotte Trust Land is stream where there is a potential for was duly adopted by the Wyandotte ineffective and unrealistic. However, it windthrow. Under the enhanced Tribe of Oklahoma on October 11, 1994. recognizes that a need still exists for The Ordinance provides for the conservation alternative, riparian strict regulation and control over liquor regulation distribution, possession, sale management buffers will be applied to transactions within the Wyandotte Trust and consumption of liquor on lands all Type 1 through Type 5 Waters, and Land, because of the many potential held in trust belonging to the Wyandotte wind buffers will be applied to both problems associated with the Tribe of Oklahoma. sides of Type 1 through Type 3 Waters. unregulated or inadequately regulated DATES: This Ordinance is effective as of sale, possession, distribution, and For the OESF, the riparian strategy is April 5, 1996. consumption of liquor. The Wyandotte the same for both action alternatives, FOR FURTHER INFORMATION CONTACT: Tribal Council finds that exclusive tribal which includes interior and exterior Chief, Branch of Judicial Services, control and regulation of liquor is core buffers. The interior core buffers Division of Tribal Government Services, necessary to achieve maximum are designed to minimize mass-wasting 1849 C Street, N.W., MS 2611–MIB, economic benefit to the Tribe, to protect potential, and protect riparian processes Washington, D.C. 20240–4001; the health and welfare of tribal and function. The exterior core buffers telephone (202) 208–4400. members, and to address specific are designed to protect the integrity of SUPPLEMENTARY INFORMATION: The concerns relating to alcohol use on the the interior core from damaging winds Wyandotte Tribe of Oklahoma Liquor Wyandotte Trust Land. and will be applied to both sides of Ordinance is to read as follows: (d) It is in the best interests of the Type 1 through 4 Waters, as well as Tribe to enact a tribal ordinance Liquor Control Ordinance of the Type 5 Waters as appropriate. governing liquor sales on the tribal Wyandotte Tribe of Oklahoma The DNR also seeks to obtain an lands and which provides for exclusive unlisted species agreement for species Chapter I—Introduction purchase, distribution, and sale of that may occur on DNR-managed lands 101. Title. This ordinance shall be liquor only on tribal lands within the on the west side of the Cascade Crest. known as the ‘‘Wyandotte Liquor exterior boundaries of the Wyandotte Specifically, the proposed unlisted Ordinance.’’ Trust Land. Further, the Tribe has species agreement identifies a process 102. Authority. This ordinance is determined that said purchase, by which species that use the habitat enacted pursuant to the Act of August distribution, and sale shall take place types in the West Side and OESF 15, 1953, 67 stat. 586, codified at 18 only at tribally-owned enterprises and/ planning units could be added to the U.S.C. § 1161, and by the authority of or tribally licensed establishments Incidental Take Permit if they are listed the Wyandotte Tribal Business operating on land leased from or as threatened or endangered species in Committee. otherwise owned by the Tribe. the future and no extraordinary 103. Purpose. The purpose of this Article II. Definitions circumstances exist. Each action ordinance is to regulate and control the alternative contains provisions to possession and sale of liquor on the As used in the title, the following protect the habitat types that occur on Wyandotte Trust Land. The enactment words shall have the following DNR-managed lands. For example, in of a tribal ordinance governing liquor meanings unless the context clearly addition to the conservation provided possession and sale on the Wyandotte requires otherwise: by the owl, murrelet, and riparian Trust Land will increase the ability of (a) ‘‘Alcohol’’ means that substance strategies, additional provisions are the tribal government to control the sale, known as ethyl alcohol, hydrated oxide included to protect special habitat types distribution and possession of liquor on of ethyl, ethanol, or spirits of wine, from such as caves, talus fields, and large, Wyandotte trust lands and will provide whatever source or by whatever process structurally unique trees and snags. an important source of revenue for the produced. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15299

(b) ‘‘Alcoholic Beverage’’ is include the selling or supplying or keep accurate records, books and synonymous with the term ‘‘liquor’’ as distributing, by any means whatsoever, accounts. defined in Article II(f) of this Chapter. of liquor, or of any liquid known or Section 2. Limitation on Powers. In (c) ‘‘Bar’’ means any establishment described as beer or by any name the exercise of its powers and duties with special space and accommodations whatsoever commonly used to describe under this ordinance, the Business for the sale of liquor by the glass and for malt or brewed liquor or of wine by any Committee and its individual members consumption on the premises as herein person to any person. shall not: defined. (l) ‘‘Spirits’’ means any beverage, (a) Accept any gratuity, compensation (d) ‘‘Beer’’ means any beverage which contains alcohol obtained by or other thing of value from any liquor obtained by the alcoholic fermentation distillation, including wines exceeding wholesaler, retailer, or distributor or of an infusion or decoction of pure seventeen percent of alcohol by weight. from any licensee; hops, or pure extract of hops and pure (m) ‘‘Wine’’ means any alcoholic (b) Waive the immunity of the barley malt or other wholesome grain or beverage obtained by fermentation of Wyandotte Tribe from suit without the cereal in pure water and containing the the natural contents of fruits, vegetables, express consent of the Business percent of alcohol by volume subject to honey, milk or other products Committee; regulation as an intoxicating beverage in containing sugar, whether or not other Section 3. Inspection Rights. The the state where the beverage is located. ingredients are added, to which any premises on which liquor is sold or (e) ‘‘Business Committee’’ means the saccharine substances may have been distributed shall be open for inspection Wyandotte Tribal Business Committee. added before, during or after (f) ‘‘Liquor’’ includes all fermented, by the Business Committee at all fermentation, and containing not more reasonable times for the purposes of spirituous, vinous, or malt liquor or than seventeen percent of alcohol by combinations thereof, and mixed liquor, ascertaining whether the rules and weight, including sweet wines fortified regulations of the Business Committee a part of which is fermented, and every with wine spirits, such as port, sherry, liquid or solid or semisolid or other and this ordinance are being complied muscatel and angelica, not exceeding with. substance, patented or not, containing seventeen percent of alcohol by weight. distilled or rectified spirits, potable (n) ‘‘Wyandotte Tribal Council’’ Article IV. Sales of Liquor alcohol, beer, wine, brandy, whiskey, means the general council of the Section 1. License Required. Sales of rum, gin aromatic bitters, and all drinks Wyandotte Tribe of Oklahoma which is liquor and alcoholic beverages within or drinkable liquids and all preparations composed of the voting membership of the exterior boundaries of Wyandotte or mixtures capable of human the Tribe. Trust Land may only be made at consumption and any liquid, semisolid, (o) ‘‘Wyandotte Trust Land’’ means businesses which hold a Wyandotte solid, or other substances, which those lands which are held in trust by Liquor License. contains more than one half of one the United States for the Wyandotte Section 2. Sales for Cash. All liquor percent of alcohol. Tribe and not for any individual Indian. (g) ‘‘Liquor Store’’ means any store at sales within the Wyandotte Trust Land which liquor is sold and, for the Article III. Powers of Enforcement boundaries shall be on a cash only basis purpose of this ordinance, including Section 1. The Business Committee. and no credit shall be extended to any stores only a portion of which are In furtherance of this ordinance, the person, organization, or entity, except devoted to sale of liquor or beer. Business Committee shall have the that the provision does not prevent the (h) ‘‘Malt Liquor’’ means beer, strong following powers and duties: payment for purchases with the use of beer, ale, stout and porter. (a) To publish and enforce rules and credit cards such as Visa, MasterCard, (i) ‘‘Package’’ means any container or regulations adopted by the Business American Express, etc. receptacle used for holding liquor. Committee governing the sale, Section 3. Sale for Personal (j) ‘‘Public Place’’ includes state or manufacture, distribution, and Consumption. All sales shall be for the county or tribal or federal highways or possession of alcoholic beverages on the personal use and consumption of the roads; buildings and grounds used for Wyandotte Trust Land; purchaser. Resale of any alcoholic school purposes; public dance halls and (b) To employ managers, accountants, beverage purchased within the exterior grounds adjacent thereto; soft drink security personnel, inspectors and such boundaries of the Wyandotte Trust Land establishments, public buildings, public other persons as shall be reasonably is prohibited. Any person who is not meeting halls, lobbies, halls and dining necessary to allow the Business licensed pursuant to this ordinance who rooms of hotels, restaurants, theaters, Committee to perform its functions. purchases an alcoholic beverage within gaming facilities, entertainment centers, Such employees shall be tribal the boundaries of the Wyandotte Trust stores, garages, and filling stations employees; Land and sells it, whether in the which are open to and/or are generally (c) To issue licenses permitting the original container or not, shall be guilty used by the public and to which the sale or manufacture or distribution of of a violation of this ordinance and shall public is permitted to have unrestricted liquor on the Wyandotte Trust Land; be subjected to paying damages to the access; public conveyances of all kinds (d) To hold hearings on violations of Wyandotte Tribe as set forth herein. and character; and all other places of this ordinance or for the issuance or Article V. Licensing like or similar nature to which the revocation of licenses hereunder; general public has unrestricted right of (e) To bring suit in the appropriate Section 1. Procedure. In order to access, and which are generally used by court to enforce this ordinance as control the proliferation of the public. For the purpose of this necessary; establishments on the Wyandotte Trust ordinance, ‘‘Public Place’’ shall also (f) To determine and seek damages for Land which sell or serve liquor by the include any establishment other than a violation of the ordinance; bottle or by the drink, all persons or single family home which is designed (g) To make such reports as may be entities which desire to sell liquor for or may be used by more than just the required by the Wyandotte Tribal within the exterior boundaries of the owner of the establishment. Council; and Wyandotte Trust Land must apply to the (k) ‘‘Sale’’ and ‘‘Sell’’ include (h) To collect taxes and fees levied or Wyandotte Tribe for a license to sell or exchange, barter and traffic; and also set by the Business Committee and to serve liquor. 15300 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Section 2. Application. Any person or Section 5. Audit. As a condition of ordinance for each and every drink so entity applying for a license to sell or obtaining a license, the licensee must consumed. serve liquor on the Wyandotte Trust agree to the review or audit of its book Section 8. Any person who shall sell Land must fill in the application and records relating to the sale of liquor or provide any liquor to any person provided for this purpose by the and alcoholic beverages on the under the age of 21 years shall be guilty Wyandotte Tribe and pay such Wyandotte Trust Land. Said review or of a violation of this ordinance for each application fee as may be set from time audit may be done periodically by the such sale or drink provided. to time by the Business Committee for Tribe through its agents or employees Section 9. Any person who transfers this purpose. Said application must be whenever, in the opinion of the in any manner an identification of age filled out completely in order to be Business Committee, such a review or to a person under the age of 21 years for considered. audit is necessary to verify the accuracy the purpose of permitting such person Section 3. Issuance of License. The of reports. to obtain liquor shall be guilty of an Business Committee may issue a license offense; provided, that corroborative if it believes that such issuance is in the Article VII. Rules, Regulations and testimony of a witness other than the best interests of the Wyandotte Tribe Enforcement underage person shall be a requirement and its members. Section 1. In any proceeding under of finding a violation of this ordinance. Section 4. Period of License. Each this ordinance, conviction of one Section 10. Any person who attempts license may be issued for a period not unlawful sale or distribution of liquor to purchase an alcoholic beverage to exceed two (2) years from the date of shall establish prima facie intent of through the use of false or altered issuance. unlawfully keeping liquor for sale, identification which falsely purports to Section 5. Renewal of License. A selling liquor or distributing liquor in show the individual to be over the age licensee may renew its license if the violation of this ordinance. of 21 years shall be guilty of violating licensee has complied in full with this Section 2. Any person who shall sell this ordinance. ordinance provided however, that the or offer for sale or distribute or transport Section 11. Any person guilty of a Business Committee may refuse to in any manner, liquor in violation of violation of this ordinance shall be renew a license if it finds that doing so this ordinance, or who shall operate or liable to pay the Wyandotte Tribe the would not be in the best interests of the shall have liquor for sale in his amount of $500 per violation as civil health and safety of the Wyandotte possession without a license, shall be damages to defray the Tribe’s cost of Tribe. guilty of a violation of this ordinance enforcement of this ordinance. Section 6. Revocation of License. The subjecting him or her to civil damages Section 12. When requested by the Business Committee may revoke a assessed by the Business Committee. provider of liquor, any person shall be license for reasonable cause upon notice Section 3. Any person within the required to present official and hearing at which the licensee is boundaries of the Wyandotte Trust Land documentation of the bearer’s age, given an opportunity to respond to any who buys liquor from any person other signature and photograph. Official charges against it and to demonstrate than a properly licensed facility shall be documentation includes one of the why the license should not be guilty of a violation of this ordinance. following: (1) Driver’s license or identification suspended or revoked. Section 4. Any person who keeps or Section 7. Transferability of Licenses. card issued by any state department of possesses liquor upon his person or in Licenses issued by the Business motor vehicles; any place or on premises conducted or Committee shall not be transferable and (2) United States Active Duty maintained by his principal or agent may only be utilized by the person or Military; with the intent to sell or distribute it entity in whose name it was issued. (3) passport. contrary to the provisions of this title, Section 13. Liquor which is Article VI. Taxes shall be guilty of a violation of this possessed, including for sale, contrary Section 1. Sales Tax. There is hereby ordinance. to the terms of this ordinance are levied and shall be collected a tax on Section 5. Any person who knowingly declared to be contraband. Any tribal each retail sale of liquor or alcoholic sells liquor to a person under the agent, employee or officer who is beverage on the Wyandotte Trust Land influence of liquor shall be guilty of a authorized by the Business Committee in the amount of one percent (1%) of the violation of this ordinance. to enforce this section shall seize all retail sales price. All taxes from the sale Section 6. Any person engaged wholly contraband and preserve it in of liquor and alcoholic beverages on the or in part in the business of carrying accordance with the provisions Wyandotte Trust Land shall be paid passengers for hire, and every agent, established for the preservation of over to the General Treasury of the servant, or employee of such person, impounded property. Wyandotte Tribe. who shall knowingly permit any person Section 14. Upon being found in Section 2. Taxes Due. All taxes for the to drink liquor in any public violation of the ordinance, the party sale of liquor and alcoholic beverages on conveyance shall be guilty of an offense. shall forfeit all right, title and interest in the Wyandotte Trust Land are due on Any person who shall drink liquor in a the items seized which shall become the the 15th day of the month following the public conveyance shall be guilty of a property of the Wyandotte Tribe of end of the calendar quarter for which violation of this ordinance. Oklahoma. the taxes are due. Section 7. No person under the age of Section 3. Delinquent Taxes. Past due 21 years shall consume, acquire or have Article VIII. Abatement taxes shall accrue interest at 2% per in his possession any liquor or alcoholic Section 1. Any room, house, building, month. beverage. No person shall permit any vehicle, structure, or other place where Section 4. Reports. Along with other person under the age of 21 to liquor is sold, manufactured, bartered, payment of the taxes imposed herein, consume liquor on his premises or any exchanged, given away, furnished, or the taxpayer shall submit a quarterly premises under his control except in otherwise disposed of in violation of the accounting of all income from the sale those situations set out in this section. provisions of this ordinance or of any or distribution of liquor, as well as for Any person violating this section shall other tribal law relating to the the taxes collected. be guilty of a separate violation of this manufacture, importation, Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15301 transportation, possession, distribution, Section 2. This ordinance shall be comparison among all the alternatives. and sale of liquor, and all property kept effective on such date as the Secretary It is not necessary, therefore, to have the in and used in maintaining such place, of the Interior certifies this ordinance DEIS to conduct a complete review of is hereby declared to be a nuisance. and publishes the same in the Federal the FEIS. Section 2. The Chairman of the Register. The proposed Green River RMP is a Business Committee or, if the Chairman Section 3. Any and all prior comprehensive land use and resource fails or refuses to do so, by a majority enactments of the Business Committee management plan. It is a refinement of vote, the Business Committee shall which are inconsistent with the the preferred alternative presented in institute and maintain an action in the provisions of this ordinance are hereby the RMP DEIS. Comments from the name of the Tribe to abate and rescinded. public, review by BLM staff, and new information developed since the perpetually enjoin any nuisance Article XI. Amendment declared under this article. In addition distribution of the DEIS have prompted to all other remedies at tribal law, the This ordinance may only be amended making some changes to the preferred Court may also order the room, house, by a vote of the Business Committee. alternative in the course of developing building, vehicle, structure, or place Dated: March 27, 1996. the proposed RMP. However, the closed for a period of one (1) year or Ada E. Deer, environmental effects of the proposed until the owner, lessee, tenant, or Assistant Secretary—Indian Affairs. RMP are not substantially different from those of the preferred alternative. occupant thereof shall give bond of [FR Doc. 96–8344 Filed 4–4–96; 8:45 am] sufficient sum of not less that $25,000 There are seven designated Areas of payable to the Tribe and conditioned BILLING CODE 4310±02±P Critical Environmental Concern (ACEC) that liquor will not be thereafter within the Green River Resource Area manufactured, kept, sold, bartered, Bureau of Land Management (Cedar Canyon ACEC, Greater Sand exchanged, given away, furnished, or Dunes ACEC, Natural Corrals ACEC, otherwise disposed of thereof in [WY±040±06±1610±00] Oregon Buttes ACEC, Red Creek ACEC, violation of the provisions of this and White Mountain Petroglyphs Green River Resource Area, NY; Final ordinance or of any other applicable ACEC). The proposed Green River RMP Environmental Impact Statement tribal law and that he will pay all fines, recommends that these existing ACEC costs and damages assessed against him AGENCY: Bureau of Land Management, designations be retained and that two of for any violation of this ordinance or Interior. them be expanded in size. The potential for additional ACEC designations was other tribal liquor laws. If any ACTION: The Bureau of Land explored in the EIS and the proposed conditions of the bond be violated, the Management (BLM) Green River RMP recommends designation of three bond may be recovered for the use of the Resource Area, Rock Springs District, new ACECs. Tribe. Wyoming, announces the availability of The results of conducting the coal Section 3. In all cases where any the Final Environmental Impact planning/screening process, including person has been found in violation of Statement (FEIS) for the Green River application of the coal unsuitability this ordinance relating to the Resource Management Plan (RMP), for criteria, for the potential Federal coal manufacture, importation, public review and comment. transportation, possession, distribution, development area are documented in and sale of liquor, an action may be SUMMARY: The FEIS for the Green River the FEIS. Approximately 12,600 acres of brought to abate as a nuisance any real RMP describes and analyzes four Federal coal lands were determined to estate or other property involved in the alternative resource management plans, be unsuitable for further consideration violation of the ordinance and violation including the proposed RMP, for for Federal coal leasing, 10,410 acres of this ordinance shall be prima facie managing the BLM-administered public were determined unacceptable for evidence that the room, house, building, lands and federal mineral estate in the further consideration for coal leasing, vehicle, structure, or place against Green River Resource Area. and 30,490 acres were determined which such action is brought is a public The Draft EIS (DEIS) for the Green acceptable for further leasing nuisance. River RMP was made available for consideration by subsurface mining public review and comment in methods only. The remainder of the Article IX. Revenue November of 1992. Comments received potential Federal coal development area Revenue provided for under this on the DEIS were considered in (about 422,000 acres) was determined to ordinance, from whatever source, shall preparing the proposed RMP and the be acceptable for further coal leasing be expended for administrative costs FEIS. When completed, the Green River consideration, subject to continued field incurred in the enforcement of this RMP will provide the management investigations, studies and evaluations ordinance. Excess funds shall be subject direction for future land and resource to assure that coal mining can occur to appropriation by the Business management actions on about 3.6 without having a significant long-term Committee for essential governmental million acres of public land surface and effect on other resources in the area. and social services. 3.7 million acres of federal mineral All parts of the proposed RMP may be estate in portions of Sweetwater, protested by parties who participated in Article X. Severability and Effective Fremont, Lincoln, Uinta and Sublette the planning process and who have an Date counties in southwest Wyoming. interest which is or may be adversely Section 1. If any provision or The FEIS focuses on the Proposed affected by the adoption of the plan. A application of this ordinance is Green River RMP and has been prepared protest may only deal with those issues determined by review to be invalid, in a summary format. The proposed which were raised for the record during such determination shall not be held to RMP alternative has been presented in the planning process and may be filed render ineffectual the remaining a detailed narrative and, along with the by only the party or parties who raised portions of this ordinance or to render other alternatives considered in the those issues. such provisions inapplicable to other DEIS, has also been presented in a DATES: Protests on the proposed Green persons or circumstances. summary table format to allow River RMP must be postmarked no later 15302 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices than 30 days following the date the —Visual and historical integrity of Dated: March 28, 1996. Environmental Protection Agency notice historic trails and their surrounding Alan R. Pierson, of availability of the FEIS is published viewscape in the South Pass area State Director. in the Federal Register. —Wildlife habitats and vegetation [FR Doc. 96–8453 Filed 4–4–96; 8:45 am] ADDRESSES: Protests on the proposed communities in the Steamboat BILLING CODE 4310±22±P Green River RMP should be sent to the Mountain area Director (480), Bureau of Land The designations on the existing [OR±130±1020±00; GP6±0113] Management, 1849 C Street NW., MS– ACECs would be retained and would be 314 LS, Washington, DC 20240. given management priority and Eastern Washington Resource FOR FURTHER INFORMATION CONTACT: Bill emphasis to maintain or enhance the Advisory Council; Meeting LeBarron, Chief of Support Services or following values: Renee Dana, Green River RMP Team AGENCY: Bureau of Land Management, Leader at the Rock Springs BLM District —Important cultural, scenic and Spokane District. wildlife habitat values in the Cedar Office, 280 Highway 191 North, Rock NOTICE: Notice of Meeting of Interior Canyon area Springs, Wyoming 82901, telephone Columbia Basin Ecosystem Management 307–382–5350. —Unique and unusual geological Project Subgroup of the Eastern SUPPLEMENTARY INFORMATION: The features associated with the sand Washington Resource Advisory Council. dunes, Boars Tusk, diverse biological Proposed Green River RMP FEIS ACTION: Meeting of Interior Columbia documents the review of BLM- interrelationships supported by the sand dunes, especially the Steamboat Basin Ecosystem Management Project administered public lands along Subgroup of the Eastern Washington waterways for their eligibility and desert elk herd, mule deer herd, and other dependent plants and animals, Resource Advisory Council; Spokane, suitability for inclusion in the Wild and Washington; April 26, 1996. Scenic Rivers System (WSRS). Seven in the Greater Sand Dunes area parcels of BLM-administered lands, —Unique and important cultural, SUMMARY: A meeting of the Interior making up a total of about 9.7 miles of historical, recreational, and geological Columbia Basin Ecosystem Management the Sweetwater River, have been found values in the Natural Corrals area Project Subgroup of the Eastern to meet the suitability factors to be given —Historic landmark, significant wildlife Washington Resource Advisory Council further consideration for inclusion in values, and the scenic integrity in the will be held on April 26, 1996, at the the WSRS. Tentative classifications of Oregon Buttes area Quality Inn Valley Suites Hotel, East the various parcels include wild, scenic, —Important cultural, historic, and 8923 Mission Avenue, Spokane, and recreational. The FEIS also prehistoric resource values in the Pine Washington, 99212. The meeting will addresses interim management of these Springs area convene at 1:30 p.m. and adjourn at 4:30 parcels until the Congress decides to —Fragile soils, Colorado River cutthroat p.m. or upon completion of business. consider them further for possible trout, and water quality values in the Public comments will be received from inclusion in the WSRS. Red Creek Watershed area 3:00 p.m. to 3:30 p.m. The topic of the The Proposed Green River RMP FEIS —Educational opportunities and meeting is to review the status of the also documents the results of important cultural, wildlife, scenic, Interior Columbia Basin Ecosystem conducting the coal planning/screening and Native American values in the Management Project. process, including application of the White Mountain Petroglyphs area FOR FURTHER INFORMATION CONTACT: Coal Unsuitability Criteria, in the Richard Hubbard, Bureau of Land planning area. In applying the 20 coal Additionally, two of the existing Management, Spokane District Office, unsuitability criteria (43 CFR 3461) to ACECs would be expanded in size. The 1103 N. Fancher Road, Spokane, the Federal coal lands with Pine Springs ACEC would be expanded Washington, 99212; or call 509–536– development potential in the planning to include more historic resource 1200. area, about 12,600 acres were found to values, and the Red Creek watershed be unsuitable for further consideration would be expanded to include a larger Dated: April 2, 1996. for leasing under 5 of the criteria: watershed area and habitat for the Cathy L. Harris, Criterion 1—Federal Land Systems Colorado River cutthroat trout, a Acting District Manager. Criterion 2—Rights-of-Way and candidate species for listing as a [FR Doc. 96–8592 Filed 4–4–96; 8:45 am] Easements threatened or endangered species. BILLING CODE 4310±33±P Criterion 3—Wilderness Study areas The management actions for each Criterion 16—Floodplains proposed, existing, and expanded ACEC [WY±985±0777±72] Criterion 17—Municipal Watersheds include restrictions on surface All other phases of the coal screening/ disturbing activities and other land Resource Advisory Council Meeting, planning process, including uses, such as limitations on oil and gas Wyoming identification of the Federal coal lands and coal exploration and development that would be unacceptable and activities, geophysical exploration, AGENCY: Bureau of Land Management, acceptable for further leasing right-of-way construction, and vehicular Interior. consideration under each alternative, travel. Portions of the ACECs may be ACTION: Notice of Meeting of the are also documented in the FEIS. closed to future locatable mineral Wyoming Resource Advisory Council. Three new ACECs proposed for exploration and development, subject to designation in the proposed Green River valid existing rights. The level of these SUMMARY: This notice sets forth the RMP would be given management various kinds of restrictions and the schedule and agenda for a meeting of priority and emphasis to maintain or types of land uses affected would be the Wyoming Resource Advisory enhance the following values: different in each ACEC. Copies of the Council (RAC). —Candidate threatened and endangered proposed Green River RMP FEIS are DATES: May 9, 1996, from 8:30 a.m. until plant species in four separate available at the Green River Resource 5 p.m. and May 10, 1996, from 8:30 a.m. locations Area Office at the above address. until 3 p.m. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15303

ADDRESSES: UW Meeting Center, Room regulations of the Secretary of the [CA±059±1220±00] 150, 951 North Poplar, Casper, WY Interior. Special AreaÐFee Adjustment 82602. 2. A right-of-way for ditches and FOR FURTHER INFORMATION CONTACT: canals constructed by the authority of AGENCY: Bureau of Land Management Terri Trevino, RAC Coordinator, the United States. (BLM), Interior. Wyoming Bureau of Land Management, 3. All minerals shall be reserved to ACTION: Fee adjustment for use of P.O. Box 1828, Cheyenne, WY 82003, the United States, together with the Special Area within Butte County, (307) 775–6020. right to prospect for, mine, and remove California. SUPPLEMENTARY INFORMATION: The the minerals. agenda for the meeting will include: SUMMARY: The BLM is adjusting the Detailed information concerning this daily fee from $1.50 per site, per day to 1. Status of Green River Basin Advisory action is available for review at the $2.50 per site, per day for recreational Committee office of the Bureau of Land mineral collection at the Forks of Butte 2. Reports from RAC sub-groups Management, Pinedale Resource Area, Creek Special Recreation Management 3. Committee Training P.O. Box 768, Pinedale, Wyoming, or by Area. This fee adjustment is required to 4. Public Comment calling Grace Jensen, Realty Specialist, reflect the current market value of the This meeting is open to the public. at (307) 367–4358. recreation opportunity being offered by Interested persons may make oral Upon publication of this notice in the BLM, and to reduce over-crowding statements to the Council or file written Federal Register, the lands will be within the Special Recreation statements for the council’s segregated from all other forms of Management Area. consideration. Anyone wishing to make appropriation under the public land DATES: This fee adjustment will take an oral statement should notify the RAC laws, including the general mining laws, effect April 5, 1996. Coordinator, at the above address by except for conveyance under the FOR FURTHER INFORMATION CONTACT: May 1, 1996. Recreation and Public Purpose Act and Charles M. Schultz, Area Manager, Depending on the number of persons leasing under the mineral leasing laws. Bureau of Land Management, 355 wishing to make oral statements, a time For a period of 45 days from the date of Hemsted Drive, Redding, CA 96002. limit, per person, may be established by publication of this notice in the Federal SUPPLEMENTARY INFORMATION: the Chair of the Resource Advisory The Forks Register, interested persons may submit Council. of Butte Creek Special Recreation comments regarding the proposed Management Area in Butte County, Alan R. Pierson, conveyance or classification of the lands California, was placed under protective State Director. to the Area Manager, Bureau of Land withdrawal (S 4528) by Public Land [FR Doc. 96–8452 Filed 4–4–96; 8:45 am] Management, Pinedale Resource Area, Order 5329 on January 18, 1973, to BILLING CODE 4310±22±M P.O. Box 768, Pinedale, Wyoming segregate the area from all forms of 82941. appropriation, including the mining laws. While the mineral rights to much [WY±040±1430±1; W±122360] Classification Comments: Interested parties may submit comments involving of this area continue to be held under Notice of Realty Action; Recreation the suitability of the land for a landfill. mining claims that pre-date this and Public Purposes (R&PP) Act Comments on the classification are withdrawal, several segments (sites of Classification; Wyoming restricted to whether the land is Butte Creek are not encumbered with physically suited for the proposal, mining claims. These sites have become AGENCY: Bureau of Land Management, whether the use will maximize the extremely popular for recreational DOI. future use or uses of the land, whether mineral collection via panning, sluicing ACTION: Notice. the use is consistent with local planning and dredging. and zoning, or if the use is consistent Since April 15, 1987, the BLM has SUMMARY: The following public lands in with State and Federal programs. required recreational panners, sluicers Sublette County, Wyoming has been and dredgers to obtain, and operate examined and found suitable for Application Comments: Interested under the terms of, a use permit for classification for conveyance to Sublette parties may submit comments regarding mineral collection within the Forks of and Teton Counties, under the the specific use proposed in the Butte Creek Special Recreational provisions of the Recreation and Public application and plan of development, Management Area. Use permits are Purposes Act (as amended 43 USC 869 whether the BLM followed proper required for all forms of intrusive et. seq.). Sublette County and Teton administrative procedures in reaching mineral collection such as dredging, County propose to use the land for a the decision, or any other factor not pumping, sluicing, and extensive landfill. directly related to the suitability of the panning. Extensive panning is defined land for a landfill. Sixth Principal Meridian as panning which uses a digging Any adverse comments will be instrument with a blade larger than 4 T. 30 N., R. 111 W., reviewed by the Rock Springs District inches wide and 8 inches long. No use Sec. 22, W1⁄2NE1⁄4, NE1⁄4SW1⁄4, NW1⁄4SE1⁄4. Manager. In the absence of any adverse permit is required for non-intrusive gold These lands contain 160 acres. comments, the classification will panning, using only a small spoon or The lands are not needed for Federal become effective 60 days from the date trowel for digging. purposes. Conveyance is consistent with of publication of this notice in the The fee for intrusive use has been current BLM land use planning and Federal Register. $1.50 per site, per day. By adjusting the would be in the public interest. Dated: March 14, 1996. fee to $2.50 per site, per day, the fee The patent, when issued, will be better reflects the market value of the David E. Harper, subject to the following terms, opportunity being offered, and reduce conditions and reservations: Realty Specialist. over-crowding on the creek. 1. Provisions of the Recreation and [FR Doc. 96–8393 Filed 4–4–96; 8:45 am] The authority for this fee adjustment Public Purpose Act and to all applicable BILLING CODE 4310±22±M is 43 CFR 8372. Any person who 15304 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices engages in intrusive mineral collection (1) evaluate whether the proposed Public comment on this proposed within the Forks of Butte Creek Special collection of information is necessary information collection is strongly Recreation Area in violation of permit for the proper performance of the encouraged. terms or stipulations may be subject to functions of the agency/component, Dated: April 1, 1996. a fine not to exceed $1,000 and/or including whether the information will Robert B. Briggs, imprisonment not exceed 12 months. have practical utility; Department Clearance Officer, United States Charles M. Schultz, (2) evaluate the accuracy of the Department of Justice. Redding Area Manager. agencies/components estimate of the [FR Doc. 96–8417 Filed 4–4–96; 8:45 am] burden of the proposed collection of [FR Doc. 96–8392 Filed 4–4–96; 8:45 am] BILLING CODE 4410±21±M BILLING CODE 4310±40±M information, including the validity of the methodology and assumptions used; (3) enhance the quality, utility, and Drug Enforcement Administration clarity of the information to be DEPARTMENT OF JUSTICE collected; and Ronald Phillips, D.O.; Revocation of (4) minimize the burden of the Registration Office of Community Oriented Policing collection of information on those who On July 20, 1995, the Deputy Services; Agency Information are to respond, including through the Assistant Administrator, Office of Collection Activities: Proposed use of appropriate automated, Diversion Control, Drug Enforcement Collection; Comment Request electronic, mechanical, or other Administration (DEA), issued an Order technological collection techniques or ACTION: Notice of Information Collection to Show Cause to Ronald Phillips, D.O., other forms of information technology, Under Review; Innovative Community- (Respondent) of Brookhaven, e.g., permitting electronic submission of Oriented Policing Grant Program (ICOP), Pennsylvania, notifying him of an responses. Parts I and II. opportunity to show cause as to why The proposed collection is listed DEA should not revoke his DEA Office of Management and Budget below: Innovative Community-Oriented Certificate of Registration, AP171048, (OMB) approval is being sought for the Policing Grants Program (ICOP) under 21 U.S.C. 824(a)(4), and deny any information collection listed below. Application, Parts I and II. pending application under 21 U.S.C. This proposed information collection (1) Type of information collection. 823(f), as being inconsistent with the was previously published in the Federal Voluntary application for federal public interest. Specifically, the Order Register and allowed 60 days for public funding to support innovative to Show Cause alleged, among other comment. community policing. things, that (1) during the course of a The purpose of this notice is to allow (2) The title of the form/collection. DEA investigation, ‘‘DEA investigators an additional 30 days for public Innovative Community-Oriented identified approximately fifteen local comments from the date listed at the top Policing Grants Program (ICOP) pharmacies in which numerous of this page in the Federal Register. Application, Parts I (Reducing Crime prescriptions for controlled substances This process is conducted in accordance and Disorder Through Problem Solving in Schedules II through V were retrieved with 5 Code of Federal Regulation, Part Partnerships) and II (Developing which had been written by [the 1320.10. Community Policing). Respondent], in the names of family Written comments and/or suggestions (3) The agency form number, if any, members, for the purpose of obtaining regarding the item(s) contained in this and the applicable component of the controlled substances for [his] personal notice, especially regarding the Department sponsoring the collection. use’’ (2) in July of 1993, the Respondent estimated public burden and associated Form: COPS 16/01 and 16/02. Office of voluntarily enrolled in the Pennsylvania response time, should be directed to the Community Oriented Policing Services, Physicians’ Health Program, a program Office of Management and Budget, United States Department of Justice. which provides substance abuse Office of Regulatory Affairs, Attention: (4) Affected public who will be asked treatment for physicians, but that in Department of Justice Desk Officer, or required to respond, as well as a brief August of 1994, DEA investigators were Washington, DC, 20530. Additionally, abstract. State, local, or tribal local informed that the Respondent had failed comments may be submitted to OMB via governments. to comply with the terms of the facsimile to 202–395–7285. Comments The ICOP program is designed to treatment agreement; and (3) in May of may also be submitted to the support local law enforcement agencies 1995, the Respondent was indicted by a Department of Justice (DOJ), Justice in collaboration with non-profit Grand Jury in the United States District Management Division, Information community entities in developing and Court for the Eastern District of Management and Security Staff, implementing innovative community Pennsylvania on one count of Attention: Department Clearance policing strategies, either by targeting fraudulently obtaining controlled Officer, Suite 850, 1001 G Street, NW, one specific crime problem to fight substances in Schedules II through IV Washington, DC, 20530. Additionally, through a community partnership (ICOP for his personal use in violation of 21 comments may be submitted to DOJ via Part I), or be developing community U.S.C. 843(a)(3). facsimile to 202–514–1534. Written policing through training, changing On August 21, 1995, the Respondent, comments may also be submitted to organizational structure, or community through counsel, filed a request for a Charlotte C. Black, Assistant General policing centers (ICOP Part II). hearing. On August 28, 1995, Counsel, Office of Community Oriented (5) An estimate of the total number of Administrative Law Judge Mary Ellen Policing Services, 1100 Vermont respondents and the amount of time Bittner issued an Order for Prehearing Avenue, N.W., Washington, D.C. 20530, estimated for an average respondent to Statements, informing the parties of her or via facsimile at (202) 616–2914. respond: 4,210 respondents: 14 hours appointment as the presiding officer in Written comments and suggestions per response. this case, and ordering the Respondent from the public and affected agencies (6) An estimate of the total public to file his prehearing statement on or should address one or more of the burden (in hours) associated with the before October 10, 1995, and the following points: collection. 67,781 annual burden hours. Government counsel to file her Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15305 prehearing statement on or before admitted that he had personally of obtaining controlled substances by September 19, 1995. The Government consumed Percocet and Vicodin taken fraud, misrepresentation and deceit, in counsel timely filed her statement, but from his father’s filled prescriptions. He violation of 21 U.S.C. 843(a)(3). the Respondent failed to file his estimated that he had consumed Pursuant to 21 U.S.C. 823(f) and statement. On October 23, 1995, Judge approximately 30% to 40% of the 824(a)(4), the Deputy Administrator may Bittner issued an order, finding that the controlled substances he had prescribed revoke the Respondent’s DEA Certificate Respondent’s failure to file his for his father. Further, the Respondent of Registration and deny and pending prehearing statement by the ordered admitted to the Investigator that applications, if he determines that the date indicated his intent to waive his between 1981 and 1993, he had continued registration would be right to a hearing, and ordering that all personally abused prescription drugs, inconsistent with the public interest. further proceedings before her be including Percocet, Vicodin, Valium, Section 823(f) requires that the terminated and the matter presented to Lortabs, Lorcet, and some non- following factors be considered: the Deputy Administrator for entry of a controlled substances. he stated that he (1) The recommendation of the final order pursuant to 21 CFR was taking between 50 and 60 pills per appropriate State licensing board or 1301.54(e). Accordingly, the Deputy day, counting controlled and non- professional disciplinary authority. Administrator now enters his final order controlled substances, and that some of (2) The applicant’s experience in in this matter pursuant to 21 CFRR. these substances were controlled dispensing, or conducting research with 1301.54(e) and 1301.57, without a substance samples from his office. The respect to controlled substances. hearing and based on the investigative Respondent also admitted that he had (3) The applicant’s conviction record file and the letter submitted by the consumed approximately 50% of the under Federal or State laws relating to Respondent on August 21, 1995. substances he had prescribed for the manufacture, distribution, or The Deputy Administrator finds that Thomas Capron. The Respondent told dispensing of controlled substances. the Respondent is currently registered the Investigator that he had written (4) Compliance with applicable State, as a Practitioner, Schedules II through prescriptions for ‘‘Frances Capron’’, but Federal, or local laws relating to V, with DEA Certificate of Registration he stated that he did not know anyone controlled substances. AP9171048, which is due to expire on by that name. He also stated that he had (5) Such other conduct which may March 31, 1996. On June 24, 1993, a written prescriptions in fictitious threaten the public health or safety. DEA Diversion Investigator names. At the conclusion of the These factors are to be considered in (Investigator), in response to contact interviews with the Respondent, the the disjunctive; the Deputy made by an investigator for the Investigator offered him the opportunity Administrator may rely on any one or a Pennsylvania Bureau of Professional to voluntarily surrender his DEA combination of factors and may give and Occupational Affairs, initiated an registration, but the Respondent each factor the weight he deems investigation of allegations that the declined the offer. appropriate in determining whether a Respondent had issued prescriptions for The Investigator then interviewed registration should be revoked or an controlled substances in the name of Thomas Capron, who denied ever application for registration should be family members, and that he ultimately receiving medication directly from the revoked or an application for had consumed the substances himself. Respondent or ever sharing controlled registration denied. See Henry J. Specifically, the Investigator substances with him. Mr. Capron also Schwarz, Jr., M.D., Docket No. 88–42, 54 identified fifteen pharmacies located in informed the Investigator that ‘‘Frances FR 16422 (1989). Philadelphia and Delaware County, Capron’’ was his mother, the In this case, factors two, three, four, Pennsylvania, which had filled Respondent’s ex-mother-in-law, and and five are relevant in determining prescriptions written by the Respondent that she had died in 1989. whether the Respondent’s continued during the period from April of 1990 However, the record disclosed that registration would be inconsistent with through May of 1993. The Respondent the Respondent had issued the public interest. As to factor two, the wrote 224 prescriptions for his father prescriptions in her name in November Respondent’s ‘‘experience in dispensing for, among other things, 5,675 dosage of 1992. ** * controlled substances,’’ the units of Percocet and 1,735 dosage units In July of 1993, the Respondent Respondent admitted that between 1981 of Vicodin. Percocet contains signed a program agreement to and 1993, he had personally abused oxycodone and acetaminophen, and is a participate in supervised drug abuse prescription drugs, to include Percocet Schedule II controlled substance, and treatment provided by the Pennsylvania and Vicodin. The record also disclosed Vicodin contains hydrocodone, and is a Physicians’ Health Program (PHP). that between April of 1990 and May of Schedule III controlled substance. However, the Respondent’s 1993, the Respondent had prescribed Further, the Respondent also wrote, in participation in this treatment program controlled substances in the name of the name of Thomas Capron, was sporadic, and according to the family members and friends, had approximately 146 prescriptions for investigative record, he failed to submitted the prescriptions himself to 3,870 dosage units of Percocet, 470 complete the program. local pharmacists for filling, and dosage units of Vicondin, and 20 dosage In May of 1995, the Respondent was personally had consumed a large units of Vicodin ES. Pharmacists were indicted by a Grand Jury in the United portion of the substances. The interviewed who stated that the States District Court for the Eastern Respondent, when interviewed by the Respondent personally picked up the District of Pennsylvania on one count of Investigator, admitted to this practice. substances filled from these obtaining controlled substances in As to factor three, the Respondent’s prescriptions. The Respondent also Schedules II through IV by fraud, ‘‘conviction record under Federal or wrote approximately 17 prescriptions misrepresentation and deceit, for his State laws relating to the * ** for his adult children, for approximately own personal use, such personal use distribution, or dispensing of controlled 243 dosage units of Vicondin, 40 dosage being outside the course of accepted sub stances,’’ and factor four, the units of Vicondin ES, and 90 dosage medical practice and for no legitimate Respondent’s ‘‘[c]ompliance with units of Percocet. medical purpose, in violation of 21 applicable State, Federal, or local laws In June of 1994, the Investigator U.S.C. 843(a)(3). On September 5, 1995, relating to controlled substances,’’ the interviewed the Respondent, who the Respondent pled guilty to one count record contains evidence that in 15306 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

September of 1995, the Respondent pled Immigration and Naturalization Service at least two (2) days prior to the guilty to one count of obtaining meeting. Members of the public may [INS No. 1750±95] controlled substances by fraud, submit written statements at any time misrepresentation and deceit in Immigration and Naturalization Service before or after the meeting to the contact violation of 21 U.S.C. 843(a)(3). User Fee Advisory Committee: Meeting person for consideration by this Advisory Committee. Only written As to factor five, ‘‘[s]uch other AGENCY: Immigration and Naturalization statements received at least five (5) days conduct which may threaten the public Service, Justice. prior to the meeting by the contact health or safety,’’ the Deputy ACTION: Notice of meeting. person will be considered for discussion Administrator finds significant that the at the meeting. Respondent asserted in his letter filed Committee holding meeting: Contact person: Patrice Ward, Office on August 21, 1995, that his past Immigration and Naturalization Service of the Assistant Commissioner, violations were ‘‘addiction-induced and User Fee Advisory Committee. Inspections, Immigration and that he has been in recovery from his Date and time: May 2, 1996, at 1:00 Naturalization Service, room 7223, 425 addiction for 21⁄2 years.’’ However, in p.m. I Street NW., Washington, DC 20536, August of 1994, the Investigator Place: The Embassy Suites Hotel, telephone Number (202) 514–0964 or interviewed the Medical Director of the Crystal City, 1300 Jefferson Davis fax number (202) 514–8345. Highway, Arlington, Virginia, telephone PHP (Director), who had stated that the Dated: March 28, 1996. Respondent had failed to complete the Number: (703) 979–9799. Status: Open. Thirteenth meeting of Doris Meissner, treatment program. Although the urine this Advisory Committee. Commissioner, Immigration and screens he had provided were all Purpose: Performance of advisory Naturalization Service. negative, the Respondent had missed responsibilities to the Commissioner of [FR Doc. 96–8429 Filed 4–4–96; 8:45 am] numerous urine screen appointments, at the Immigration and Naturalization BILLING CODE 4410±10±M times missing repeated appointments Service pursuant to section 286(k) of the for a period of six weeks or more. The Immigration and Nationality Act, as Director specifically noted the period amended, 8 U.S.C. 1356(k) and the DEPARTMENT OF LABOR from May 31, 1994, through July 19, Federal Advisory Committee Act 5 1994, during which the Respondent did U.S.C. app. 2. The responsibilities of Bureau of International Labor Affairs; not participate in any of the required this standing Advisory Committee are to U.S. National Administrative Office; urine screens. Such conduct by the advise the Commissioner of the National Advisory Committee for the Respondent places into question his Immigration and Naturalization Service North American Agreement on Labor commitment to rehabilitation and his on issues related to the performance of Cooperation; Notice of Meeting suitability for continued registration airport and seaport immigration AGENCY: Office of the Secretary, Labor. with the DEA. inspectional services. This advice ACTION: Notice. The Respondent did not present any should include, but need not be limited to, the time period during which such evidence of remorse for his past SUMMARY: Pursuant to the Federal services should be performed, the misconduct, or evidence of Advisory Committee Act (Pub. L. 92– proper number and deployment of rehabilitative actions taken to correct 463), the U.S. National Administrative inspection officers, the level of fees, and his past unlawful behavior. Further, he Office (NAO) gives notice of the second the appropriateness of any proposed fee. meeting of the National Advisory provided no assurances that he would These responsibilities are related to the not engage in such conduct in the Committee for the North American assessment of an immigration user fee Agreement on Labor Cooperation future. Absent such evidence and such pursuant to section 286(d) of the assurances in this case, the Deputy (NAALC), which was established by the Immigration and Nationality Act, as Secretary of Labor. Administrator finds that continued amended, 8 U.S.C. 1356(d). The registration of the Respondent is The Committee was established to committee focuses attention on those provide advice to the U.S. Department inconsistent with the public interest. areas of most concern and benefit to the of Labor on matters pertaining to the Accordingly, the Deputy travel industry, the traveling public, and implementation and further elaboration Administrator of the Drug Enforcement the Federal Government. of the labor side accord to the North Administration, pursuant to the Agenda American Free Trade Agreement authority vested in him by 21 U.S.C. 823 (NAFTA). The Committee is authorized 1. Introduction of the Committee and 824, and 28 CFR 0.100(b) and 0.104, under Article 17 of the NAALC. members. hereby orders that DEA Certificate of The Committee consists of a groups of 2. Discussion of administrative issues. Registration, AP9171048, issued to 3. Discussion of activities since last 12 independent representatives drawn Ronald Phillips, D.O., be, and it hereby meeting. from among labor organizations, is, revoked, and any pending 4. Discussion of specific concerns and business and industry, and educational applications are hereby denied. This questions of Committee members. institutions. order is effective May 6, 1996. 5. Discussion of future traffic trends. DATES: The Committee will meet on Dated: April 1, 1996. 6. Discussion of relevant written April 29, 1996 from 9:00 a.m. to 5:00 statements submitted in advance by p.m. and on April 30, 1996 from 9:00 Stephen H. Greene, members of the public. a.m. until noon. Deputy Administrator. 7. Scheduling of next meeting. ADDRESSES: The Secretariat of the [FR Doc. 96–8387 Filed 4–4–96; 8:45 am] Public participation: The meeting is Commission for Labor Cooperation, One BILLING CODE 4410±09±M open to the public, but advance notice Dallas Centre, 350 N. St. Paul, Suite of attendance is requested to ensure 2424, Dallas, Texas, 75201. The meeting adequate seating. Persons planning to is open to the public on a first-come, attend should notify the contact person first-served basis. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15307

FOR FURTHER INFORMATION CONTACT: work of the character and in the Volume I Irasema Garza, Designated Federal localities described therein. None Officer, U.S. NAO, U.S. Bureau of Good cause is hereby found for not Volume II International Labor Affairs, U.S. utilizing notice and public comment None Department of Labor, 200 Constitution procedure thereon prior to the issuance Avenue, NW., Room C–4327, of these determinations as prescribed in Volume III Washington, DC 20210. Telephone: 5 U.S.C. 553 and not providing for delay None 202–501–6653 (this is not a toll-free in the effective date as prescribed in that Volume IV number). section, because the necessity to issue Wisconsin SUPPLEMENTARY INFORMATION: Please current construction industry wage WI960020 (Mar. 15, 1996) refer to the notices published in the determinations frequently and in large Federal Register on December 15, 1994 volume causes procedures to be Volume V (59 FR 64713) and August 11, 1995 (60 impractical and contrary to the public New Mexico FR 41118) for supplementary interest. NM960051 (Mar. 15, 1996) Oklahoma information. General wage determination OK960014 (Mar. 15, 1996) Signed at Washington, DC on April 1, decisions, and modifications and Volume VI 1995. supersedeas as decisions thereto, Irasema T. Garza, contain no expiration dates and are Alaska effective from their date of notice in the AK960001 (Mar. 15, 1996) Secretary, National Administrative Office. AK960002 (Mar. 15, 1996) [FR Doc. 96–8428 Filed 4–4–96; 8:45 am] Federal Register, or on the date written AK960005 (Mar. 15, 1996) notice is received by the agency, BILLING CODE 4510±28±M AK960010 (Mar. 15, 1996) whichever is earlier. These decisions are Hawaii to be used in accordance with the HI960001 (Mar. 15, 1996) Employment Standards Administration provisions of 29 CFR Parts 1 and 5. Nevada Accordingly, the applicable decision, NV960001 (Mar. 15, 1996) Wage and Hour Division together with any modifications issued, NV960003 (Mar. 15, 1996) must be made part of every contract for NV960005 (Mar. 15, 1996) Minimum Wages for Federal and NV960007 (Mar. 15, 1996) performance of the described work Washington Federally Assisted Construction; within the geographic area indicated as General Wage Determination Decisions WA960001 (Mar. 15, 1996) required by an applicable Federal Wyoming General wage determination decisions prevailing wage law and 29 CFR Part 5. WY960009 (Mar. 15, 1996) The wage rates and fringe benefits, of the Secretary of Labor are issued in General Wage Determination notice of which is published herein, and accordance with applicable law and are Publication which are contained in the Government based on the information obtained by General wage determinations issued the Department of Labor from its study Printing Office (GPO) document entitled ‘‘General Wage Determinations Issued under the Davis-Bacon and related Acts, of local wage conditions and data made including those noted above, may be available from other sources. They Under The Davis-Bacon and Related Acts,’’ shall be the minimum paid by found in the Government Printing Office specify the basic hourly wage rates and (GPO) document entitled ‘‘General Wage fringe benefits which are determined to contractors and subcontractors to laborers and mechanics. Determinations Issued Under The Davis- be prevailing for the described classes of Bacon and Related Acts’’. This Any person, organization, or laborers and mechanics employed on publication is available at each of the 50 governmental agency having an interest construction projects of a similar Regional Government Depository in the rates determined as prevailing is character and in the localities specified Libraries and many of the 1,400 encouraged to submit wage rate and therein. Government Depository Libraries across fringe benefit information for The determinations in these decisions the country. of prevailing rates and fringe benefits consideration by the Department. The general wage determinations have been made in accordance with 29 Further information and self- issued under the Davis-Bacon and CFR Part 1, by authority of the Secretary explanatory forms for the purpose of related Acts are available electronically of Labor pursuant to the provisions of submitting this data may be obtained by by subscription to the FedWorld the Davis-Bacon Act of March 3, 1931, writing to the U.S. Department of Labor, Bulletin Board System of the National as amended (46 Stat. 1494, as amended, Employment Standards Administration, Technical Information Service (NTIS) of 40 U.S.C. 276a) and of other Federal Wage and Hour Division, Division of the U.S. Department of Commerce at statutes referred to in 29 CFR Part 1, Wage Determinations, 200 Constitution (703) 487–4630. Appendix, as well as such additional Avenue, N.W., Room S–3014, Hard-copy subscriptions may be statutes as may from time to time be Washington, D.C. 20210. purchased from: Superintendent of enacted containing provisions for the Modifications to General Wage Documents, U.S. Government Printing payment of wages determined to be Determination Decisions Office, Washington, D.C. 20402, (202) prevailing by the Secretary of Labor in 512–1800. accordance with the David-Bacon Act. The number of decisions listed in the When ordering hard-copy The prevailing rates and fringe benefits Government Printing Office document subscription(s), be sure to specify the determined in these decisions shall, in entitled ‘‘General Wage Determinations State(s) of interest, since subscriptions accordance with the provisions of the Issued Under the Davis-Bacon and may be ordered for any or all of the six foregoing statutes, constitute the Related Acts’’ being modified are listed separate volumes, arranged by State. minimum wages payable on Federal and by Volume and State. Dates of Subscriptions include an annual edition federally assisted construction projects publication in the Federal Register are (issued in January or February) which to laborers and mechanics of the in parentheses following the decisions includes all current general wage specified classes engaged on contract being modified. determinations for the States covered by 15308 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices each volume. Throughout the remainder Statistics.’’ A copy of the proposed SUPPLEMENTARY INFORMATION: of the year, regular weekly updates are information collection request (ICR) can I. Background distributed to subscribers. be obtained by contacting the individual Signed at Washington, D.C. this 29th day listed below in the addressee section of The Department of Labor, through of March 1996. this notice. BLS, is responsible for the development Philip J. Gloss, DATES: Written comments must be and publication of local area labor force Chief, Branch of Construction Wage submitted to the office listed in the statistics. This program includes the Determinations. addresses section below on or before issuance of monthly estimates of the [FR Doc. 96–8136 Filed 4–4–96; 8:45 am] June 4, 1996. BLS is particularly labor force, employment, unemployment, and the unemployment BILLING CODE 4510±27±M interested in comments which help the agency to: rate for each State and labor market area • Evaluate whether the proposed in the Nation. Bureau of Labor Statistics collection of information is necessary II. Current Actions for the proper performance of the Proposed Collection; Comment functions of the agency, including The labor force estimates developed Request whether the information will have and issued in this program are used for economic analysis and as a tool in the ACTION: Notice. practical utility; • Evaluate the accuracy of the implementation of Federal economic SUMMARY: The Department of Labor, as agency’s estimate of the burden of the policy in such areas as employment and part of its continuing effort to reduce proposed collection of information, economic development under the Job paperwork and respondent burden, including the validity of the Training and Partnership Act, the Public conducts a pre-clearance consultation methodology and assumptions used; Works and Economic Development Act, program to provide the general public • Enhance the quality, utility, and among others. and Federal agencies with an clarity of the information to be The estimates are also used in opportunity to comment on proposed collected; and economic analysis by public agencies • and/or continuing collections of Minimize the burden of the and private industry, and for State and information in accordance with the collection of information on those who area allocations and eligibility Paperwork Reduction Act of 1995 are to respond, including through the determinations according to legal and (PRA95) (44 U.S.C. 3506(c)(2)(A)). This use of appropriate automated, administrative requirements. program helps to ensure that requested electronic, mechanical, or other Implementation of policy and legislative data can be provided in the desired technological collection techniques or prerogatives could not be accomplished format, reporting burden (time and other forms of information technology, as now written without collection of the financial resources) is minimized, e.g., permitting electronic submissions data. of responses. collection instruments are clearly Type of Review: Extension of a understood, and the impact of collection ADDRESSES: Send comments to Karin G. currently approved collection. requirements on respondents can be Kurz, BLS Clearance Officer, Division of Agency: Bureau of Labor Statistics. properly assessed. Currently, the Bureau Management Systems, Bureau of Labor of Labor Statistics (BLS) is soliciting Statistics, Room 3255, 2 Massachusetts Title: Manual for Developing Local comments concerning the proposed Avenue NE., Washington, DC 20212. Area Unemployment Statistics. extension of the ‘‘Manual for Ms. Kurz can be reached on 202–606– OMB Number: 1220–0017. Developing Local Area Unemployment 7628 (this is not a toll free number). Affected Public: State government.

Average time Form Total respond- Frequency Total re- per response Estimated total ents sponses (hours) burden hours

LAUS 2 ...... 6,700 Monthly ...... 80,400 1.62 130,248 LAUS 3 ...... 384 Monthly ...... 4,608 .11 507

Totals ...... 85,008 ...... 130,755

Total Burden Cost (capital/startup): 0. Proposed Collection; Comment data can be provided in the desired Total Burden Cost (operating/ Request format, reporting burden (time and maintenance): 0. financial resources) is minimized, ACTION: Notice. collection instruments are clearly Comments submitted in response to understood, and the impact of collection this notice will be summarized and/or SUMMARY: The Department of Labor, as requirements on respondents can be included in the request for Office of part of its continuing effort to reduce properly assessed. Currently, the Bureau Management and Budget approval of the paperwork and respondent burden, of Labor Statistics (BLS) is soliciting information collection request; they also conducts a pre-clearance consultation comments concerning the proposed will become a matter of public record. program to provide the general public revision of the ‘‘Hours at Work Survey.’’ Signed at Washington, D.C., this 2nd day and Federal agencies with an A copy of the proposed information of April, 1996. opportunity to comment on proposed collection request (ICR) can be obtained Peter T. Spolarich, and/or continuing collections of by contacting the individual listed Chief, Division of Management Systems, information in accordance with the below in the addressee section of this Bureau of Labor Statistics. Paperwork Reduction Act of 1995 notice. [FR Doc. 96–8486 Filed 4–4–96; 8:45 am] (PRA95) (44 U.S.C. 3506(c)(2)(A)). This DATES: Written comments must be BILLING CODE 4510±24±M program helps to ensure that requested submitted to the office listed in the Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15309 addresses section below on or before series for assessing productivity since data collection year (January 1997) June 4, 1996. BLS is particularly 1982. together with the old forms (BLS 2000P interested in comments which help the The Hours at Work Survey (HWS) and BLS 2000N) as a split-sample test, agency to: collects data for production and non- with complete turnover to the new form • Evaluate whether the proposed supervisory workers for each of the for the 1997 survey (January 1998). The collection of information is necessary major industrial sectors of the split will allow us to compare response for the proper performance of the nonagricultural economy (on a quarterly rates with the old and new procedures functions of the agency, including as well as on a yearly basis). Data are as well as the content of the data. The whether the information will have collected for the number of hours controlled implementation is needed to practical utility; worked and hours paid in order to ensure that any changes in the hours at • Evaluate the accuracy of the construct ratios of hours worked to work to hours paid ratios are real agency’s estimate of the burden of the hours paid, which are then used to changes rather than artifacts of changes proposed collection of information, convert hours paid data from the to the questionnaire or data collection including the validity of the Current Employment Statistics (CES) procedures. methodology and assumptions used; program to hours at work in the • The redesigned HWS has several Enhance the quality, utility, and development of productivity statistics. objectives: clarity of the information to be Hours at work exclude paid leave (1) To improve and ensure the quality collected; and (holidays, vacations, sick and personal of the data in the survey by reducing • Minimize the burden of the or administrative leave such as personal survey errors from questionnaires, collection of information on those who business, funeral leave, and jury duty) respondents, and interviewers. are to respond, including through the while hours paid do not. Productivity is use of appropriate automated, better measured as the ratio of output to (2) To increase the proportion of electronic, mechanical, or other hours spent in production. The responses obtained by mail. technological collection techniques or collection of information on hours at (3) To improve the Computer-Assisted other forms of information technology, work must be done annually because of Telephone Interviewing (CATI) follow- e.g., permitting electronic submissions the cyclical sensitivity of productivity up data collection so that CATI data are of responses. measures. more consistent with data obtained by mail. ADDRESSES: Send comments to Karin G. II. Current Actions Kurz, BLS Clearance Officer, Division of Implicit in all of these goals is a Management Systems, Bureau of Labor Ratios of hours at work to hours paid further objective of reducing the Statistics, Room 3255, 2 Massachusetts are needed to measure labor input for survey’s response burden. To that end Avenue N.E., Washington, D.C. 20212. productivity statistics. The ratios of we have: Ms. Kurz can be reached on 202–606– hours at work to hours paid provided by (a) Redesigned the mail questionnaire 7628 (this is not a toll free number). this survey are used to convert hours to make it respondent-friendly, with paid by employees, which are based on instructions close to questions, an SUPPLEMENTARY INFORMATION: data from the CES Program, to hours at uncluttered appearance, questions that work. The resulting hours at work I. Background better fit respondent data sources, and measures are then incorporated into the questions that result in higher-quality It has been long recognized by experts BLS labor and multifactor productivity data. in the field of productivity measurement statistics published annually and (b) Revised the CATI questionnaire and analysis that the appropriate quarterly. and procedures to obtain data closer to measure of labor input for productivity Based on results of a 1992 response the data we get by mail. statistics is hours worked rather than analysis survey (RAS), we have Moreover, BLS will add a RAS to the hours paid. The importance of this identified some areas of concern that HWS as a quality-control measure in distinction was further emphasized by have led to changes in wording, content order to evaluate the quality of the data recommendations of the Panel to or format of instructions, and a new obtained from the survey, including the Review Productivity Statistics of the form layout of the HWS questionnaire. accuracy of the responses provided and National Research Council, National Preliminary tests and interviews with the extent which respondents have the Academy of Sciences. In the mid-1970s, focus groups indicate that the new HWS requested information readily available. BLS established a task force to review form is both easier to understand and existing programs and surveys and to more likely to be correctly completed. Type of Review: Revision of a determine the most efficient procedure However, any such changes should be currently approved collection. for measuring hours worked. Based on thoroughly tested to ensure that they Agency: Bureau of Labor Statistics. the findings and recommendations of produce genuine improvements over the Title: Hours at Work Survey. that task force, BLS developed the current situation. Therefore, we will OMB Number: 1220–0076. Hours at Work Survey data collection phase in a new HWS questionnaire (BLS Affected Public: Business and other program that has provided a unique data 2000P1 and BLS 2000N1) in the 1996 for profit.

Average Estimated Total re- Fre- Total re- time per total bur- Form spond- quency sponses re- den ents sponse hours

BLS2000P ...... 2,875 Annually 2,875 1 hour 2,875 BLS2000N ...... 2,125 Annually 2,125 1 hour 2,125 BLS2000P1 ...... 2,875 Annually 2,875 1 hour 2,875 BLS2000N1 ...... 2,125 Annually 2,125 1 hour 2,125 RAS ...... 1,000 Annually 1,000 15 min 250

Totals ...... 11,000 Annually 11,000 56 min. 10,250 15310 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Total Burden Cost (capital/startup): 0. • Enhance the quality, utility, and positive results of the RAS’s, BLS made Total Burden Cost (operating/ clarity of the information to be the decision to offer a voluntary wage maintenance): 0. collected; and survey option to all States beginning in • Comments submitted in response to Minimize the burden of the 1991. Fifteen States opted to collect OES this notice will be summarized and/or collection of information on those who wage data. In 1995, a consortium comprised of included in the request for Office of are to respond, including through the officials from State Employment Management and Budget approval of the use of appropriate automated, Security Agencies (SESAs) and the information collection request; they also electronic, mechanical, or other Employment and Training will become a matter of public record. technological collection techniques or other forms of information technology, Administration (ETA) proposed Signed at Washington, DC, this 2nd day of e.g., permitting electronic submissions collection of OES wage data in each April, 1996. of responses. State as a means of creating a Peter T. Spolarich, ADDRESSES: Send comments to Karin G. consistently-developed national wage Chief, Division of Management Systems, Kurz, BLS Clearance Officer, Division of data base and for use in the Alien Labor Bureau of Labor Statistics. Management Systems, Bureau of Labor Certification process. [FR Doc. 96–8487 Filed 4–4–96; 8:45 am] Statistics, Room 3255, 2 Massachusetts The Immigration Act of 1990 BILLING CODE 4510±24±M Avenue NE., Washington, DC 20212. Ms. Kurz can be reached on 202–606– The Immigration Act of 1990 (Public 7628 (this is not a toll free number). Law 101–649—Nov. 29, 1990) and Proposed Collection; Comment Immigration and Naturalization Service Request SUPPLEMENTARY INFORMATION: (INS) regulations require that aliens I. Background seeking to enter the U.S. permanently or ACTION: Notice. temporarily for the purpose of The Occupational Employment employment be excluded from SUMMARY: The Department of Labor, as Statistics (OES) survey is a Federal/State admission unless the Department of part of its continuing effort to reduce establishment survey of wage and salary Labor (DOL) certifies to INS and the paperwork and respondent burden, workers designed to produce data on Department of State that qualified U.S. conducts a pre-clearance consultation current occupational employment and workers are not available, and that the program to provide the general public wages. OES survey data assist in the aliens’ employment will not adversely and Federal agencies with an development of employment and affect the wages and working conditions opportunity to comment on proposed training programs established by the Job of U.S. workers similarly employed. and/or continuing collections of Training Partnership Act (JTPA) of 1982 This process is known as labor information in accordance with the and the Perkins Vocational Education certification. In order to obtain a labor Paperwork Reduction Act of 1995 Act of 1984. Planners are required to use certification, the alien must have an (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This OES data in justifying the need for employer who is willing to make an program helps to ensure that requested training programs related to specific offer of employment and apply for a data can be provided in the desired occupations. labor certification on behalf of the alien. format, reporting burden (time and The OES programs operates a periodic Any employer applying for a labor financial resources) is minimized, mail survey of a sample of nonfarm certification on behalf of an alien is collection instruments are clearly establishments conducted by all fifty required to conduct a good faith test of understood, and the impact of collection States, Puerto Rico, the District of the labor market for qualified U.S. requirements on respondents can be Columbia, American Samoa, Guam, and workers, and must document all efforts properly assessed. Currently, the Bureau the Trust Territories of the Pacific made to recruit such workers. This good of Labor Statistics (BLS) is soliciting Islands. Over three-year periods, data on faith test must include offering wages comments concerning the proposed occupational employment are collected which equal or exceed the prevailing revision of the ‘‘Report on Occupational by industry classification. The past OES wage applicable to similarly employed Employment.’’ A copy of the proposed cycles surveyed manufacturing individuals in the same geographical information collection request (ICR) can industries, agricultural services, and area. be obtained by contacting the individual hospitals during the first year; mining, Therefore, the certification process listed below in the addressee section of construction, finance, real estate, and relies heavily upon having accurate this notice. services (except hospitals and prevailing wage information readily education) during the second year; and DATES: Written comments must be available. Prevailing wage data currently trade, transportation, communications, submitted to the office listed in the are not collected in a systematic manner public utilities, education, and addressee section below on or before by the States. This has led to a process government services during the third June 4, 1996. of determining prevailing wages that is year. BLS is particularly interested in both labor-intensive and cumbersome to The OES wage survey addresses a the employer and the State agencies. comments which help the agency to: critical void in the Federal statistical • Evaluate whether the proposed effort in a manner that is both cost Difficulties of the Current System of collection of information is necessary effective and responsive to data quality Data Collection for the proper performance of the concerns. Until recently, wage Most States currently conduct functions of the agency, including information was not provided across all occupational wage surveys. In many whether the information will have occupations, industries, and Sates. The instances, State wage surveys have been practical utility; OES program started collecting wage administered on an ad hoc basis, • Evaluate the accuracy of the data with two pilot surveys in 1989 and meaning they conduct the survey only agency’s estimate of the burden of the 1990. Follow-up response analysis as the need arises. proposed collection of information, surveys (RAS’s) were conducted for Often this results in several surveys including the validity of the both test years to assess the quality of being done a year, each surveying methodology and assumptions used; the date collected. Based upon the different occupations for different Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15311 purposes. The methodologies employed (2) Eliminates Many Individual State Additional Uses of OES Wage Data by these State surveys vary widely and Surveys Reducing Respondent Burden Historically, occupational the resulting data, therefore, are employment data obtained by the OES sometimes of suspect quality. Often the The OES survey would significantly reduce the burden on respondents by survey have been used to develop surveys do not include basic information regarding current and instructions needed to adequately eliminating numerous State wage surveys that have a total sample of projected employment needs and job complete the form; others solicit opportunities. These data assist in the information without properly defining approximately 1.2 million units per year. Eliminating these surveys would development of State vocational key concepts for the respondent. These education plans. Nationwide collection deficiencies lead to large non-sampling be especially advantageous for employers operating in several States of OES wage data can further develop errors and produce unreliable estimates. labor market and occupational In addition, ad hoc State surveys often who (under the present collection system) could be asked to furnish information at the Federal, State, and lack statistically valid sampling local levels. The survey meets the needs differing levels of wage data in various techniques. of organizations involved in planning State surveys. The OES survey would and delivering services provided by the Advantages of Using the OES Survey reduce the burden on multi-State units JTPA and the Perkins Vocational by consolidating the collection method (1) Produces Valid, Reliable Data Education Act. into one survey and by soliciting National OES wage data collection information, at most, once every three The OES wage survey meets ETA’s can provide a significant source of years. need for valid, reliable wage data. The information to support a number of OES wage survey offers comprehensive Curently, the OES survey’s average different Federal, State, and local coverage of more than 750 occupations. annual sample size is 240,000. Added to efforts. For instance, occupational wage Since these occupations are the 1,200,000 units surveyed by other data can be extremely useful in the area representative of our entire industrial annual State surveys, the total number of Unemployment Insurance (UI). and service economy, virtually all of the of survey respondents per year is Generally, UI clients must meet work- most frequently reported occupations 1,440,000. The proposed change in the search requirements and take jobs with requested for Alien Labor Certification OES survey sample would result in pay equivalent to their previous are covered by the survey. 406,000 units being surveyed per year. employment. Wage data by occupation The survey covers sufficient The net reduction in respondents would can help employment services identify geographic detail. Using the OES be around 1,034,000 per year. occupations that meet the requirements of these individuals. Similarly, the survey, it is possible to have any level (3) Standardizes the Survey dislocated workers program under JTPA of geographic detail as specified before Instrument sample selection. BLS currently uses previous employment wages as a provides funding for States to collect Additionally, using the OES survey guide in preparing dislocated workers State-level data. A number of States use nationwide would help reduce for employment. Depending on other funding sources to collect OES respondent burden by standardizing the individual State laws, the OES survey data by sub-State areas. Sampling could survey instrument. The OES wage can provide a standard source of be expanded to the Metropolitan survey has complete coverage of all occupational wage data to assist these Statistical Area (MSA) level and other occupations in an establishment. With workers. sub-State areas to provide occupational the OES wage survey, the respondent Wage data at the occupational level wage information for a specific area or simply provides the number of can assist States in carrying out labor market. employees in each occupation broken vocational rehabilitation programs or assist in the Social Security disability The OES wage survey, through out into 11 wage range categories. adjudication process. The data can extensive pilot testing, has developed (4) Reduces Costs support U.S. military interests by statistically reliable methods of providing State and local career collecting and calculating a mean, One of the most significant information for Department of Defense median, and distribution of wage rates advantages of the OES survey would be workers and uniformed personnel for surveyed occupations from 11 OES the cost-savings to the taxpayer. leaving military service. wage ranges. These mean and median Currently the ETA spends about $20 OES wage data provide vocational wage rate estimates are valid measures million a year to obtain data needed for education trainers and enrollees with of central tendency based on statistical Alien Labor Certification purposes. information on what occupations are research and validity testing. States spend around $5 million to present in the economy as well as their The OES survey is a pure probability- conduct their own non-Alien corresponding wage rates. These data based survey employing a large Certification related wage surveys from will assist the National and State stratified sample size. The sampling Wagner Peyser or LMI funds. Occupational Information Coordinating techniques and the rigorous attention to Additionally, Federal and State Committees to develop occupational statistical methods make the OES survey governments spend approximately $6 information systems designed to aid job a reliable source of occupational million on models that estimate searches and career counselors. employment and wage information. The occupational data for sub-State areas OES survey generates data which are from State-wide OES data. The data, Summary comparable across States and areas. The resulting from the proposed increased At present, the Alien Labor various SESAs that collect OES survey OES sample size, would preclude the Certification and other educational, data follow a uniform set of guidelines need for these models. Expanding the training, and employment programs lack established by BLS. This consistency of OES wage survey nationwide would uniform, reliable wage data. The wage methodology and process ensures that cost an estimated 24 million dollars, consortium comprised of State agencies data are comparable across States, sub- generating a net savings of has proposed using the OES survey, State areas, regions, and the nation. approximately 7 million dollars. nationwide, to produce these data for 15312 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices five main reasons: (1) The OES survey range categories. The survey will be a ADDRESSES: National Aeronautics and produces valid, reliable data; (2) it cost-effective, statistically reliable Space Administration, Room 9H40, 300 significantly reduces the burden on the method of producing occupational wage E Street, SW, Washington, DC 20546– respondent; (3) it produces the first distributions as well as mean and 0001 . national wage rate survey with median wage estimates. To comply with FOR FURTHER INFORMATION CONTACT: Ms. comparable methodology across all the Alien Labor Certification legislation, Anne L. Accola, Code Z, National locales; (4) it standardizes the collection State agencies will use the OES survey Aeronautics and Space Administration, process; and (5) it costs $7 million less in place of current State wage surveys. Washington, DC 20546–0001, (202) 358– than the current system. The overall effect on respondents will 0682. As indicated, in addition to the use of be a decrease in burden placed on them SUPPLEMENTARY INFORMATION: The wage data with the Alien Labor by Federal and State government meeting will be open to the public up Certification process, reliable wage data agencies. to the seating capacity of the room. The have many other practical uses. Wage Type of Review: Revision of a agenda for the meeting is as follows: data can enhance information currently currently approved collection. provided under the JTPA and Perkins Agency: Bureau of Labor Statistics. —Shuttle Contract Consolidation Status Act. OES wage data also can inform Title: Report on Occupational —Space Operations Management important legal and administrative Employment. Initiatives —Reusable Launch Vehicle Concepts decisions such as Social Security OMB Number: 1220–0042. and Technologies adjudication, Unemployment Insurance Affected Public: Business or other for- —Strategic Management and Planning work-search requirements, or minimum profit; Not-for-profit institutions; Status wage deliberations. Timely and reliable Federal Government; State, local, or —NASA Response to Prior Council wage information is a valuable tribal governments. Total Respondents: 406,000. Recommendations commodity to vocational trainers and —Committee/Task Force Reports enrollees. Frequency: BLS will conduct the survey annually. Reporting units will be —Discussion of Findings and II. Current Actions sampled, at most, once every three Recommendations BLS plans to revise the collection years. It is imperative that the meeting be method of the OES survey. The revised Total Responses: 316,680. held on these dates to accommodate the OES survey will continue to be a Average Time Per Response: 45 scheduling priorities of the key probability-based sample survey of minutes. participants. Visitors will be requested nonfarm establishments. Beginning in Estimated Total Burden Hours: to sign a visitor’s register. 1996, the OES survey will implement 237,510 hours. Dated: April 1, 1996. three major changes: (1) The sample will Total Burden Cost (capital/startup): 0. Leslie M. Nolan, Total Burden Cost (operating/ include all industries each year; (2) Advisory Committee Management Officer, Estimates will be produced for 360 sub- maintenance): 0. National Aeronautics and Space Comments submitted in response to State areas; and (3) Wage information Administration. this notice will be summarized and/or will be collected for all States. [FR Doc. 96–8467 Filed 4–4–96; 8:45 am] included in the request for Office of Although OES will continue to BILLING CODE 7510±01±M operate on a three-year cycle, under the Management and Budget approval of the revised sampling procedures the OES ICR; they also will become a matter of survey will collect both occupational public record. [Notice 96±038] Signed at Washington, D.C., this 2nd day employment and wage information each Notice of Prospective Patent License year for all nonagricultural industries. of April, 1996. To minimize response burden, the new Peter T. Spolarich, AGENCY: National Aeronautics and sampling system will include an Chief, Division of Management Systems, Space Administration. establishment, at most, once every three Bureau of Labor Statistics. ACTION: Notice of prospective patent years. With the revised sampling [FR Doc. 96–8488 Filed 4–4–96; 8:45 am] license. procedures, the OES survey will BILLING CODE 4510±24±M produce employment and wage SUMMARY: NASA hereby gives notice estimates on an annual basis. that CASI, Inc., of Signal Mountain, The OES sample is designed to yield NATIONAL AERONAUTICS AND Tennessee, has applied for a partially reliable estimates by industry at the SPACE ADMINISTRATION exclusive license to practice the national, State, and sub-State levels. The inventions described and claimed in revised OES survey will allow for [Notice 96±039] U.S. Patent Nos. 5,166,679; 5,214,388; estimates in 360 areas (310 Metropolitan 5,363,051; 5,373,245; and 5,442,347— NASA Advisory Council; Meeting. Statistical Areas (MSAs) and other entitled, respectively, ‘‘Driven Shield specified sub-State areas.) The sampling AGENCY: National Aeronautics and Capacitive Proximity Sensor,’’ ‘‘Phase frame will stratify units by industry, Space Administration. Discrimination Capacitive Array Sensor geographic area, and by size of ACTION: Notice of meeting. System,’’ ‘‘Steering Capaciflector establishment. Establishments that Sensor,’’ ‘‘Capaciflector Camera,’’ and employ 250 or more employees at a SUMMARY: In accordance with the ‘‘Double-Driven Shield Capacitive Type single worksite will be sampled with Federal Advisory Committee Act, Pub. Proximity Sensor,’’ and for the certainty once every three years. L. 92–463, as amended, the National following NASA inventions disclosed in The revised survey solicits Aeronautics and Space Administration NASA Case Nos. GSC–13,563–1; GSC– occupational employment information announces a meeting of the NASA 13,614–1; GSC–13,618–1; and GSC– by wage ranges. A respondent Advisory Council. 13,701—entitled, respectively, ‘‘Current participating in the OES survey will DATES: April 23, 1996, 8:30 a.m. to 2 Measuring OP–AMP Devices,’’ provide the number of employees by p.m.; and April 24, 1996, 10:00 a.m. to ‘‘Capaciflector-Guided Mechanisms,’’ occupation, broken out across 11 wage 3 p.m. ‘‘Frequency Scanning Capaciflector,’’ Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15313 and ‘‘3–D Capaciflector.’’ All of the SUMMARY: NASA hereby gives notice Cultural Affairs Act of 1976, Public Law aforesaid inventions are assigned to the that Wessex, L.L.C., of Blacksburg, 94–462. The Board has responsibility for United States of America as represented Virginia, has requested a partially the general policies with respect to the by the Administrator of the National exclusive license to practice the powers, duties, and authorities vested in Aeronautics and Space Administration. invention described and claimed in U.S. the Institute under the Museum Services Written objections to the prospective Patent No. 5,296,288 entitled Act. grant of a license to CASI, Inc., should ‘‘Protective Coating for Ceramic The meeting of Wednesday, May 8 be sent to R. Dennis Marchant, Patent Materials,’’ which was issued to the will be open to the public. Counsel, NASA Goddard Space Flight United States of America as represented If you need special accommodations Center, Code 204, Greenbelt, Maryland by the Administrator of the National due to a disability, please contact: 20771. Aeronautics and Space Administration Institute of Museum Services, 1100 DATES: Responses to this notice must be on March 22, 1994. Written objections Pennsylvania Avenue, N.W., received by June 4, 1996. to the prospective grant of a license Washington, D.C. 20506, (202) 606– FOR FURTHER INFORMATION CONTACT: R. should be sent to Mr. Ken Warsh, Patent 8536–TDD (202) 606–8636 at least seven Dennis Marchant, Patent Counsel, (301) Counsel, NASA Ames Research Center. (7) days prior to the meeting date. 286–7351. DATES: Responses to this Notice must be 66th Meeting of the National Museum received by June 4, 1996. Dated: March 28, 1996. Services Board, The Frederick R. Robet M. Stephens, FOR FURTHER INFORMATION CONTACT: Weisman Art Museum, Wednesday, Mr. Ken Warsh, Patent Counsel, NASA Associate General Counsel (General). May 8, 1996, 9:00 am–10:30 am Ames Research Center, Mail Code [FR Doc. 96–8468 Filed 4–4–96; 8:45 am] 202A–3, Moffett Field, CA 94035; Agenda BILLING CODE 7510±01±M telephone (415) 604–1592. I. Chairman’s Welcome and Approval of Dated: March 28, 1996. Minutes [Notice 96±037] Robert M. Stephens, II. Guest Speakers III. Director’s Report Associate General Counsel (General). Notice of Prospective Patent License IV. Appropriations Report [FR Doc. 96–8470 Filed 4–4–96; 8:45 am] V. Legislative/Public Affairs Report AGENCY: National Aeronautics and BILLING CODE 7510±01±M VI. IMS Programs Report Space Administration. VII. Twentieth Anniversary/Town Hall ACTION: Notice of prospective patent Meeting Report and Discussion license. NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Dated: April 2, 1996. SUMMARY: NASA hereby gives notice Linda Bell, that QSound Labs, Inc., of Alberta, Sunshine Act Meeting Director of Policy, Planning and Budget, Canada, has requested an exclusive National Foundation on the Arts and the license to practice the invention AGENCY: Institute of Museum Services. Humanities, Institute of Museum Services. described in U.S. Patent No. 5,438,623, ACTION: Notice of meeting. [FR Doc. 96–8712 Filed 4–3–96; 4:01 pm] entitled ‘‘Multi-Channel Spatialization BILLING CODE 7036±01±M System for Audio Signals,’’ which is SUMMARY: This notice sets forth the assigned to the United States of America agenda of a forthcoming meeting of the National Museum Services Board. as represented by the Administrator of NUCLEAR REGULATORY Please note: This meeting had been the National Aeronautics and Space COMMISSION Administration. Written objections to previously scheduled for January 12 but the prospective grant of a license should was postponed due to severe weather Agency Information Collection be sent to Mr. Ken Warsh, Patent conditions in Washington, DC. This Activities: Proposed Collection; Counsel, Ames Research Center. notice also describes the functions of Comment Request the Board. Notice of this meeting is DATES: Responses to this notice must be required under the Government through AGENCY: Nuclear Regulatory received by June 4, 1996. the Sunshine Act (Public Law 94–409) Commission (NRC). FOR FURTHER INFORMATION CONTACT: and regulations of the Institute of ACTION: Notice of the OMB review of Mr. Ken Warsh, Patent Counsel, Ames Museum Services, 45 CFR 1180.84. information collection and solicitation Research Center, Mail Code 202A–3, TIME/DATE: 9:00 am–10:30 am of public comment. Moffett Field, CA 94035; telephone Wednesday, May 8. (415) 604–1592. SUMMARY: The NRC has recently STATUS: Open. Dated: March 28, 1996. submitted to OMB for review the ADDRESSES: The Frederick R. Weisman Robert M. Stephens, following proposal for the collection of Art Museum, Billy and Jody Weisman information under the provisions of the Associate General Counsel (General). Seminar Room, 333 East River Road, [FR Doc. 96–8469 Filed 4–4–96; 8:45 am] Paperwork Reduction Act of 1995 (44 Minneapolis, Minnesota. U.S.C. Chapter 35). The NRC hereby BILLING CODE 7510±01±M FOR FURTHER INFORMATION CONTACT: informs potential respondents that an Elsa Mezvinsky, Special Assistant to the agency may not conduct or sponsor, and [Notice 96±036] Director, Institute of Museum Services, that a person is not required to respond 1100 Pennsylvania Avenue, N.W., Room to, a collection of information unless it Notice of Prospective Patent License 510, Washington, D.C. 20506, (202) 606– displays a currently valid OMB control 8536. AGENCY: National Aeronautics and number. Space Administration. SUPPLEMENTARY INFORMATION: The 1. Type of submission, new, revision, National Museum Services Board is or extension: Revision. ACTION: Notice of prospective patent established under the Museum Services 2. The title of the information license. Act, Title II of the Arts, Humanities, and collection: 10 CFR Part 32, ‘‘Specific 15314 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Domestic Licenses to Manufacture or by the NRC to make licensing and other been proposed that will result in the Transfer Certain Items Containing regulatory determinations concerning creation of a holding company under Byproduct Material.’’ the use of radioactive byproduct the name PG&E Parent Co., Inc. (‘‘Parent 3. The form number if applicable: Not material in products and devices. Company’’) of which PG&E would applicable. A copy of the submittal may be become a wholly-owned subsidiary. 4. How often the collection is viewed free of charge at the NRC Public PG&E will remain holder of its licenses required: There is a one-time submittal Document Room, 2120 L Street, NW., for Humboldt Bay Power Plant, Unit 3 of information to receive a license. (Lower Level), Washington, DC. and Diablo Canyon Nuclear Power Renewal applications are submitted Members of the public who are in the every 5 years. In addition, Plant, Units 1 and 2. Under the Washington, DC, area can access the restructuring, the holders of PG&E recordkeeping must be performed on an submittal via modem on the Public common stock will become the holders on-going basis, and reports of transfer of Document Room Bulletin Board (NRC’s of common stock of the holding byproduct material must be reported Advance Copy Document Library) NRC company on a share-by-share basis. every 5 years. subsystem at FedWorld, 703–321–3339. 5. Who will be required or asked to Members of the public who are located After the restructuring, PG&E will report: All specific licensees who outside of the Washington, DC, area can continue to be a public utility providing manufacture or initially transfer items dial FedWorld, 1–800–303–9672, or use the same utility services as it did containing byproduct material for sale the FedWorld Internet address: immediately prior to the reorganization. or distribution to general licensees or fedworld.gov (Telnet). The document According to the proposed plan, there persons exempt from licensing. will be available on the bulletin board will be no significant change in 6. An estimate of the number of for 30 days after the signature date of ownership, management, or sources of responses: 5,462 responses from NRC this notice. If assistance is needed in funds for operation, maintenance, or licensees and 8,039 responses from accessing the document, please contact decommissioning of the Humboldt Bay Agreement State licensees. the FedWorld help desk at 703–487– Power Plant, Unit 3 and Diablo Canyon 7. The estimated number of annual 4608. Additional assistance in locating Nuclear Power Plant, Units 1 and 2 due respondents: 265 NRC licensees and 333 the document is available from the NRC to the corporate restructuring. Agreement State licensees. 8. An estimate of the total number of Public Document Room, nationally at 1– Pursuant to 10 CFR 50.80, the hours needed annually to complete the 800–397–4209 or, within the Commission may approve the transfer of requirement or request: 53,333 hours or Washington, DC, area, at 202–634–3273. control of a license after notice to Comments and questions should be 201 hours per NRC licensee and 95,307 interested persons. Such approval is directed to the OMB reviewer by May 6, hours or 286 hours per Agreement State 1996: Peter Francis, Office of contingent upon the Commission’s licensee. The difference in individual Information and Regulatory Affairs determination that the holder of the licensee burden between NRC and (3150–0001), NEOB–10202, Office of license following the transfer is Agreement States is due to the fact that Management and Budget, Washington, qualified to have control of the license a higher percentage of the Agreement DC 20503. and that the transfer of such control is State licensees are nuclear pharmacies, Comments can also be submitted by otherwise consistent with applicable which have a large recordkeeping telephone at (202) 395–3084. provisions of law, regulations, and burden because of the labeling The NRC Clearance Officer is Brenda orders of the Commission. requirements for radiopharmaceuticals. Jo. Shelton, (301) 415–7233. 9. An indication of whether Section For further details with respect to this 3507(d), Pub. L. 104–13 applies: Not Dated at Rockville, Maryland, this 29th day proposed action, see the licensee’s letter applicable. of March, 1996. dated November 1, 1995, with the 10. Abstract: 10 CFR Part 32 For the Nuclear Regulatory Commission. following attachments: letter dated establishes requirements for specific Gerald F. Cranford, October 20, 1995, application filed licenses for the introduction of Designated Senior Official for Information before the Public Utilities Commission byproduct material into products or Resources Management. of the State of California from Harry W. materials and transfer of the products or [FR Doc. 96–8449 Filed 4–4–96; 8:45 am] Long, Jr. and Pilar Garcia, attorneys for materials to general licensees or persons BILLING CODE 7590±01±P Pacific Gas and Electric Company, and exempt from licensing. It also prescribes Testimony of Kent M. Harvey (Exhibit requirements governing holders of the [Docket Nos. 50±133, 50±275 and 50±323] PG&E–1) and Keith O. Fukui (Exhibit specific licenses. Some of the PG&E–2). These documents are requirements are for information which Pacific Gas and Electric Company; available for public inspection at the must be submitted in an application for Humboldt Bay Power Plant, Unit 3; Commission’s Public Document Room, a specific license, records which must Diablo Canyon Nuclear Power Plant, the Gelman Building, 2120 L Street, be kept, reports which must be Units 1 and 2 N.W., Washington DC, and at the local submitted, and information which must public document rooms located at be forwarded to general licensees and Notice is hereby given that the United Humboldt County Library, 1313 3rd persons exempt from licensing. In States Nuclear Regulatory Commission addition, 10 CFR Part 32 prescribes (the Commission) is considering Street, Eureka, California 95501 and at requirements for the issuance of approval under 10 CFR 50.80 of the the California Polytechnic State certificates of registration (concerning proposed corporate restructuring of University, Robert E. Kennedy Library, radiation safety information about a Pacific Gas and Electric (PG&E), the Government Documents and Maps product) to manufacturers or initial licensee for Humboldt Bay Power Plant, Department, San Luis Obispo, California transferors of sealed sources and Unit 3 and Diablo Canyon Nuclear 93407. devices. Submission or retention of the Power Plant, Units 1 and 2. By letter Dated at Rockville, Maryland, this 29th day information is mandatory for persons dated November 1, 1995, PG&E of March 1996. subject to the 10 CFR Part 32 informed the Commission that a requirements. The information is used corporate restructuring of PG&E has Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15315

For the Nuclear Regualtory Commission. any person whose interest may be [Docket Nos. 50±327 and 50±328] Steven D. Bloom, affected by this proceeding may file a Project Manager, Project Directorate IV–2, request for a hearing. In accordance Tennessee Valley Authority, Sequoyah Division of Reactor Projects III/IV, Office of with § 2.1205(c), a request for hearing Nuclear Plant Units 1 and 2; Notice of Nuclear Reactor Regulation. must be filed within 30 days of the Withdrawal of Application for [FR Doc. 96–8448 Filed 4–4–96; 8:45 am] publication of this notice in the Federal Amendment to Facility Operating BILLING CODE 7590±01±P Register. The request for a hearing must License be filed with the Office of the Secretary, either: The U.S. Nuclear Regulatory [Docket Number 40±6622] (1) By delivery to the Docketing and Commission (the Commission) has Pathfinder Mines Corporation Service Branch of the Office of the granted a request by the Tennessee Secretary at One White Flint North, Valley Authority (the licensee) to AGENCY: Nuclear Regulatory 11555 Rockville Pike, Rockville, MD withdraw its application for Commission. 20852; or amendments dated November 16, 1992, ACTION: Notice of Receipt of Application (2) By mail or telegram addressed to (which was supplemented by letter from Pathfinder Mines Corporation to the Secretary, U.S. Nuclear Regulatory dated September 3, 1993), to Facility include site-reclamation milestones in Commission, Washington, DC 20555, Operating License Nos. DPR–77 and its Source Material License SUA–442 for Attention: Docketing and Service DPR–79, respectively, issued to the the Shirley Basin, Wyoming Uranium Branch. licensee for operation of the Sequoyah Mill site. Notice of Opportunity for a Nuclear Plant, Unit Nos. 1 and 2, Hearing. In accordance with 10 CFR 2.1205(e), each request for a hearing must also be located in Soddy Daisy, Tennessee. Notice of Consideration of Issuance of SUMMARY: Notice is hereby given that served, by delivering it personally or by the U.S. Nuclear Regulatory mail, to: this amendment was published in the Federal Register on December 9, 1992 Commission (NRC) has received, by (1) The applicant, Pathfinder Mines (57 FR 58253). letter dated March 26, 1996, an Corporation, 935 Pendell Boulevard, application from Pathfinder Mines P.O. Box 730, Mills, Wyoming 82644, The purpose of the amendment Corporation (PMC) to amend its Source Attention: Tom Hardgrove; and request was to revise the Technical Material License No. SUA–442 for the (2) The NRC staff, by delivery to the Specifications (TS) pertaining to the Shirley Basin, Wyoming uranium mill Executive Director for Operations, One minimum value specified for the reactor site. The license amendment application White Flint North, 11555 Rockville coolant system total flow rate proposes to include a schedule for Pike, Rockville, MD 20852 or by mail requirement, TS 3.2.5, Table 3.2–1. completion dates for site reclamation addressed to the Executive Director for Subsequently, the licensee informed milestones. Operations, U.S. Nuclear Regulatory the staff that the amendment is no FOR FURTHER INFORMATION CONTACT: Commission, Washington, DC 20555. longer required. Thus, the amendment Mohammad W. Haque, Uranium In addition to meeting other application is considered to be Recovery Branch, Division of Waste applicable requirements of 10 CFR Part withdrawn by the licensee. Management, U.S. Nuclear Regulatory 2 of the NRC’s regulations, a request for Commission, Washington, DC 20555. For further details with respect to this a hearing filed by a person other than Telephone (301) 415–6640. action, see (1) the application for an applicant must describe in detail: SUPPLEMENTARY INFORMATION: The amendment dated November 16, 1992, (1) The interest of the requestor in the proposed schedule of reclamation and its supplemental letter dated proceeding; milestones is as follows: September 3, 1993, and (2) the staff’s (1) Windblown tailings retrieval and (2) How that interest may be affected letter dated March 13, 1996. placement on the tailings pile— by the results of the proceeding, These documents are available for December 31, 1997. including the reasons why the requestor public inspection at the Commission’s (2) Placement of an interim cover over should be permitted a hearing, with Public Document Room, the Gelman tailings—December 31, 1997. particular reference to the factors set out Building, 2120 L Street, NW., in § 2.1205(g); (3) Placement of final radon barrier— Washington, DC and at the local public December 31, 1999. (3) The requestor’s areas of concern document room located at the (4) Placement of erosion protection— about the licensing activity that is the Chattanooga-Hamilton County Library, December 31, 2000. subject matter of the proceeding; and 1101 Broad Street, Chattanooga, (5) Completion of groundwater (4) The circumstances establishing Tennessee. corrective actions—December 31, 2005. that the request for a hearing is timely Dated at Rockville, Maryland, this 29th day PMC’s application to amend Source in accordance with § 2.1205(c). Material License SUA–442 to include of March 1996. the proposed schedule of reclamation The request must also set forth the For the Nuclear Regulatory Commission. specific aspect or aspects of the subject milestones is being made available for David E. LaBarge, Sr., public inspection at the NRC’s Public matter of the proceeding as to which petitioner wishes a hearing. Project Manager, Project Directorate II–3, Document Room at 2120 L Street, NW Division of Reactor Projects—I/II, Office of (Lower Level), Washington, DC 20555. Dated at Rockville, Maryland, this 29th day Nuclear Reactor Regulation. of March 1996. The NRC hereby provides notice of an [FR Doc. 96–8446 Filed 4–4–96; 8:45 am] opportunity for a hearing on the license Joseph J. Holonich, BILLING CODE 7590±01±P amendment under the provisions of 10 Chief, Uranium Recovery Branch, Division CFR Part 2, Subpart L, ‘‘Informal of Waste Management, Office of Nuclear Hearing Procedures for Adjudications in Material Safety and Safeguards. Materials and Operator Licensing [FR Doc. 96–8447 Filed 4–4–96; 8:45 am] Proceedings.’’ Pursuant to § 2.1205(a), BILLING CODE 7590±01±P 15316 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

OFFICE OF PERSONNEL ACTION: Notice. open meeting of the Presidential MANAGEMENT Advisory Committee on Gulf War SUMMARY: In accordance with the Veterans’ Illnesses. Paperwork Reduction Act of 1995 Submission for OMB Review; DATES: May 1, 1996, 9:00 a.m.–4:45 (Public Law 104–13, May 22, 1995), this Comment Request Review of a p.m.; May 2, 1996, 9:00 a.m.–3:30 p.m. Revised Information Collection (RI 25± notice announces that the Office of 49) Personnel Management will submit to PLACE: Omni Shorham, 2500 Calvert the Office of Management and Budget a Street, NW., Washington, DC 20008. AGENCY: Office of Personnel request for reclearance of an information SUPPLEMENTARY INFORMATION: The Management. collection. SF 3102, Designation of President established the Presidential ACTION: Notice. Beneficiary Federal Employees Advisory Committee on Gulf War Retirement System, is used by Veterans’ Illnesses by Executive Order SUMMARY: In accordance with the employees and annuitants covered 12961, May 26, 1995. The purpose of Paperwork Reduction Act of 1995 under the Federal Employees this committee is to review and provide (Public Law 104–13, May 22, 1995), this Retirement System to designate a recommendations on the full range of notice announces that the Office of beneficiary to receive any lump sum government activities associated with Personnel Management has submitted to due in the event of his/her death. Gulf War veterans’ illnesses. The the Office of Management and Budget a Approximately 1,136 SF 3102 forms committee reports to the President request for clearance of a revised are completed annually. Each form takes through the Secretary of Defense, the information collection. RI 25–49, approximately 15 minutes to complete. Secretary of Health and Human Verification of Adult Student The annual estimated burden is 284 Services, and the Secretary of Veterans Enrollment Status, is used to verify that hours. Affairs. The committee members have adult students are entitled to payments. For copies of this proposal, contact expertise relevant to the functions of the OPM needs to know that a full-time Jim Farron on (202) 418–3208, or E-mail committee and are appointed by the enrollment has been maintained. to [email protected]. President from non-Federal sectors. We estimate 10,000 RI 25–49 forms are completed annually. Each form takes DATES: Comments on this proposal Tentative Agenda should be received on or before May 5, approximately 60 minutes to complete. Wednesday, May 1, 1996 The annual estimated burden is 10,000 1996. hours. ADDRESSES: Send or deliver comments 9:00 a.m. Call to order and opening For copies of this proposal, contact to— remarks Jim Farron on (202) 418–3208, or E-mail Daniel A. Green, Chief, FERS Division, 9:05 a.m. Public comment to [email protected] Retirement and Insurance Service, 10:15 a.m. Break DATES: Comments on this proposal U.S. Office of Personnel Management, 10:30 a.m. Report on research funded should be received on or before may 5, 1900 E Street, NW., Room 4429, through the 1995 Broad Agency 1996. Washington, DC 20415 Announcement: Department of ADDRESSES: Send or deliver comments and Defense (DOD) to— Joseph Lackey, OPM Desk Officer, 11:00 a.m. Followup on chemical and Lorraine E. Dettman, Chief, Operations Office of Information and Regulatory biological warfare (CBW) panel Support Division, Retirement and Affairs, Office of Management and meeting Insurance Service, U.S. Office of Budget, New Executive Office 11:30 a.m. Medical evaluation of Personnel Management, 1900 E Street Building, NW., Room 3002, possible CBW exposures in the Gulf NW., Room 3349, Washington, DC Washington, DC 20503. War 20415 FOR INFORMATION REGARDING 12:15 p.m. Lunch and ADMINISTRATIVE COORDINATIONÐCONTACT: 1:30 p.m. Detection of CBW agents Joseph Lackey, OPM Desk Officer, Mary Beth Smith-Toomey, Management during the Gulf War Office of Information & Regulatory Services Division, (202) 606–0623. 3:00 p.m. Break Affairs, Office of Management & 3:30 p.m. Effectiveness of U.S. CBW Office of Personnel Management. defense measures Budget, New Executive Office Lorraine A. Green, Building NW., Room 10235, 4:45 p.m. Meeting recessed Deputy Director. Washington, DC 20503. [FR Doc. 96–8377 Filed 4–4–96; 8:45 am] Thursday, May 2, 1996 FOR INFORMATION REGARDING BILLING CODE 6325±01±M 9:00 a.m. Call to order ADMINISTRATIVE COORDINATIONÐCONTACT: Mary Beth Smith-Toomey, Management 9:05 a.m. Health effects of low-level Services Division, (202) 606–0623. chemical warfare agent exposure PRESIDENTIAL ADVISORY 10:45 a.m. Break U.S. Office of Personnel Management. COMMITTEE ON GULF WAR 11:00 a.m. Health effects of multiple Lorraine A. Green, VETERANS' ILLNESSES vaccines Deputy Director. 12:00 p.m. Lunch [FR Doc. 96–8376 Filed 4–4–96; 8:45 am] Meeting 1:00 p.m. Antidotes to CBW agents: BILLING CODE 6325±01±M DOD AGENCY: Presidential Advisory Committee on Gulf War Veterans’ 2:00 p.m. Antidotes to CBW agents: Illnesses. Food and Drug Administration Submission for OMB Review; 3:00 p.m. Committee and staff ACTION: Notice of open meeting. Comment Request for Reclearance of discussion: Next Steps Information Collection (SF 3102) SUMMARY: Under the provisions of the 3:30 p.m. Meeting adjourned AGENCY: Office of Personnel Federal Advisory Committee Act, this A final agenda will be available at the Management. notice is hereby given to announce an meeting. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15317

Public Participation will be considered. For further information, Sections (A), (B) and (C) below, of the contact M. Blair Corkran or K. Susan Grafton most significant aspects of such The meeting is open to the public. at (202) 942–0772. Members of the public who wish to statements. make oral statements should contact the At times, changes in Commission priorities require alterations in the (A) Self-Regulatory Organization’s Advisory Committee at the address or Statement of the Purpose of, and telephone number listed below at least scheduling of meeting items. For further information and to ascertain what, if Statutory Basis for, the Proposed Rule five business days prior to the meeting. Change Reasonable provisions will be made to any, matters have been added, deleted include on the agenda presentations or postponed, please contact: The Exchange proposes to waive, for The Office of the Secretary at (202) from individuals who have not yet had the first 90 days of trading in WEBS, the 942–7070. an opportunity to address the Advisory monthly equity transaction charge for Committee. Priority will be given to Dated: April 3, 1996. executions of on-floor and off-floor Gulf War veterans and their families. Jonathan G. Katz, orders, including those for the accounts The Advisory Committee Chair is Secretary. of floor members, Registered Options empowered to conduct the meeting in a [FR Doc. 96–8624 Filed 4–3–96; 2:17 pm] Traders, customers, and firm proprietary fashion that will facilitate the orderly BILLING CODE 8010±01±M accounts. WEBS are issued by Foreign conduct of business. People who wish Fund, Inc., an open-end management to file written statements with the investment company, and are listed on Advisory Committee may do so at any [Release No. 34±37040; International Series the Exchange pursuant to Exchange time. Release No. 961; File No. SR±Amex±96±09] Rule 1000A.2 FOR FURTHER INFORMATION CONTACT: John Self-Regulatory Organizations; Notice Each WEBS Index Series invests D. Longbrake, Presidential Advisory of Filing and Immediate Effectiveness primarily in equity securities traded in Committee on Gulf War Veterans’ of Proposed Rule Change by the foreign markets in an effort to track the Illnesses, 1411 K Street NW., suite 1000, American Stock Exchange, Inc. performance of a specified foreign Washington, DC 20005, Telephone: Relating to the Waiver of Transaction (202) 761–0066, Fax: (202) 761–0310. Fees equity market index. Seventeen WEBS Dated: April 2, 1996. Index Series have been listed on the March 29, 1996. Exchange: Australia Index Series, C.A. Bock, Pursuant to Section 19(b)(1) of the Austria Index Series, Belgium Index Federal Register Liaison Officer, Presidential Securities Exchange Act of 1934 Series, Canada Index Series, France Advisory Committee on Gulf War Veterans’ 1 Illnesses. (‘‘Act’’), notice is hereby given that on Index Series, Germany Index Series, March 18, 1996, the American Stock [FR Doc. 96–8491 Filed 4–4–96; 8:45 am] Hong Kong Index Series, Italy Index Exchange, Inc. (‘‘Amex’’ or ‘‘Exchange’’) BILLING CODE 3610±76±M Series, Japan Index Series, Malaysia filed with the Securities and Exchange Index Series, Mexico (Free) Index Commission (‘‘Commission’’) the Series, Netherlands Index Series, proposed rule change as described in Singapore (Free) Index Series, Spain SECURITIES AND EXCHANGE Items I, II, and III below, which Items COMMISSION Index Series, Sweden Index Series, have been prepared by the self- Switzerland Index Series, and United Sunshine Act Meeting regulatory organization. The Kingdom Index Series. Commission is publishing this notice to Notice is hereby given, pursuant to solicit comments on the proposed rule The investment objective of each of the provisions of the Government in the change from interested persons. the initial seventeen Index Series is to Sunshine Act, Pub. L. 94–409, that the seek to provide investment results that I. Self-Regulatory Organization’s Securities and Exchange Commission correspond generally to the price and Statement of the Terms of Substance of will hold the following open meeting yield performance of publicly traded the Proposed Rule Change during the week of April 8, 1996. securities in the aggregate in particular An open meeting will be held on The Amex proposes to waive the foreign markets, as represented by a Wednesday, April 10, 1996, at 10:00 monthly equity transaction charge for particular foreign equity securities a.m., in Room 1C30. executions in World Equity Benchmark index compiled by Morgan Stanley The subject matter of the open Shares (‘‘WEBS’’) for the first 90 days of Capital International (‘‘MSCI’’). trading. meeting scheduled for Wednesday, The Exchange believes it is April 10, 1996, at 10:00 a.m., will be: II. Self-Regulatory Organization’s appropriate to waive transaction charges Consideration of whether to propose a new Statement of the Purpose of, and for an initial 90-day period in order to regulation containing anti-manipulation rules Statutory Basis for, the Proposed Rule promote additional investor and governing securities offerings. The new Change regulation would simply, modify, and, in professional interest in WEBS with the some cases, eliminate provisions that In its filing with the Commission, the aim of enhancing liquidity. otherwise restrict the activities of issuers, self-regulatory organization included The Amex believes that its proposal is underwriters, and others participating in a statements concerning the purpose of consistent with Section 6(b)(4) of the securities offering. The new regulation is and basis for the proposed rule change Act in that it is designed to provide for proposed to be adopted under various and discussed any comments it received provisions of the Securities Act of 1933 and the equitable allocation of reasonable on the proposed rule change. The text dues, fees, and other charges among its Securities Exchange Act of 1934 (‘‘Exchange of these statements may be examined at Act’’) and, if adopted, would replace current members, issuers, and other persons the places specified in Item IV below. Rules 10b–6, 10b–6A, 10b–7, 10b–8, and using the Exchange’s facilities. 10b–21 under the Exchange Act. Related The self-regulatory organization has amendments to Items 502(d) and 508 of both prepared summaries, set forth in Regulations S–B and S–K, and to Rules 10b– 2 See Securities Exchange Act Release No. 36947 18 and 17a–2 under the Exchange Act, also 1 15 U.S.C. 78s(b)(1) (1988). (March 8, 1996), 61 FR 10606. 15318 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

(B) Self-Regulatory Organization’s Margaret H. McFarland, compete in a stock to three—one regular Statement on Burden on Competition Deputy Secretary. specialist and up to two Competing [FR Doc. 96–8395 Filed 4–4–96; 8:45 am] Specialists. Each Competing Specialist The Amex believes that the proposed BILLING CODE 8010±01±M was limited to 10 stocks, unless the rule change will impose no burden on Exchange’s Market Performance competition. Committee approved an increase of up [Release No. 34±37045; File No. SR±BSE± to 20 stocks per applicant firm. (C) Self-Regulatory Organization’s 95±02] Statement on Comments on the Competing Specialists were also Proposed Rule Change Received From Self-Regulatory Organizations; Boston prohibited from making cash payments Members, Participants, or Others Stock Exchange, Inc.; Order Granting for order flow. In its most recent Approval of Proposed Rule Change extension of the program, the Written comments on the proposed Permitting Competing Specialists on Commission approved an expansion of rule change were neither solicited nor the Floor of the Exchange the program to allow a total of four received. specialists per stock. In addition, III. Date of Effectiveness of the March 29, 1996. Competing Specialists were permitted to Proposed Rule Change and Timing for I. Introduction trade up to 100 stocks each. Presently, Commission Action there are four member firms On February 6, 1995, the Boston Stock participating in the pilot program, Because the proposed rule change Exchange, Inc. (‘‘BSE’’ or ‘‘Exchange’’) cumulatively making markets in 44 establishes a due, fee, or other charge submitted to the Securities and stocks (‘‘CSI stocks’’). The Exchange imposed by the Exchange, it has become Exchange Commission (‘‘SEC’’ or proposes that the CSI be permanently effective pursuant to Section 19(b)(3)(A) ‘‘Commission’’), pursuant to Section approved without the above restrictions. of the Act and subparagraph (e) of Rule 19(b)(1) of the Securities Exchange Act 1 19b–4 thereunder. At any time within of 1934 (‘‘Act’’) and Rule 19b–4 III. Description of the Program thereunder,2 a proposed rule change to 60 days of the filing of such proposed As explained further below, the rule change, the Commission may adopt permanently rules permitting competing specialists on the floor of the principal feature of the CSI is that it summarily abrogate such rule change if permits members to route order flow to it appears to the Commission that such Exchange and guidelines governing their registration and activity. The a designated specialist for execution. action is necessary or appropriate in the Such order flow would only be executed public interest, for the protection of proposed rule change was published for comment in Securities Exchange Act by the designated specialist if there are investors, or otherwise in furtherance of then no limit orders on the BSE book at the purposes of the Act. Release No. 35404 (February 22, 1995), 60 FR 10882 (February 28, 1995).3 Four the execution price and one of the other IV. Solicitation of Comments comment letters were received on the specialists are quoting at the ITS/BBO proposed rule change. with time priority. Interested persons are invited to submit written data, views and II. Background A. Mechanics of the Competing Specialist Program arguments concerning the foregoing. On May 18, 1994, the Commission Persons making written submissions approved a one-year pilot program, Under the BSE’s competing specialist should file six copies thereof with the referred to as the Competing Specialist pilot, the Exchange’s rules governing the Secretary, Securities and Exchange Initiative (‘‘CSI’’), that permits auction market principles of priority, Commission, 450 Fifth Street, NW., competing specialists on the floor of the parity, and precedence remain Washington, DC 20549. Copies of the BSE.4 The pilot has been extended twice unchanged for quotes at the Intermarket submission, all subsequent and will expire after March 29, 1996.5 Trading System (‘‘ITS’’) best bid or offer amendments, all written statements Initially, the CSI pilot limited the (‘‘BBO’’).6 Quotes representing customer with respect to the proposed rule number of specialists that could orders have priority over specialists’ change that are filed with the quote at the same price,7 and specialist Commission, and all written 1 15 U.S.C. § 78s(b)(1). quoting at the ITZ/BBO have priority communications relating to the 2 17 CFR 240.19b–4. over specialists not quoting at the ITS/ 3 proposed rule change between the On August 10, 1995, the BSE submitted BBO. If two or more specialists are Commission and any person, other than Amendment No. 1 to the proposed rule change. Amendment No. 1 clarified that, under the BSE quoting at the ITS/BBO, the earliest bid/ those that may be withheld from the rules, limit orders will be executed in the order in offer at that price has time priority and public in accordance with the which they are received by the BEACON System, will be filled first up to its specified provisions of 5 U.S.C. 552, will be i.e., according to strict time priority, irrespective of 8 firm order routing procedures. The rule change size. If the specialists are on both price available for inspection and copying in contained in Amendment No. 1 has been approved the Commission’s Public Reference as part of the most recent extension of the 6 See BSE Rules, Chapter II, Sec. 6. Section, 450 Fifth Street, NW., competing specialist pilot. See Securities Exchange 7 When acting as an agent, specialists are required Washington, DC. Copies of such filing Act Release No. 36323 (September 29, 1995), 60 FR to hold the interests of orders entrusted to them will also be available for inspection and 52440 (October 6, 1995) (order extending pilot above their own interests. See BSE Rules Chapter through March 29, 1996). XV, Sec. 2(b). Specialists may not trade for their copying at the principal office of the 4 See Securities Exchange Act Release No. 34078 own accounts at the same or better price as above-mentioned self-regulatory (May 18, 1994), 59 FR 27082 (May 25, 1994) (‘‘Pilot unexecuted limit orders that are being held for organization. All submissions should Approval Order’’). Competition between multiple customers. See BSE Rules, Chapter II, Sec. 11. The refer to File No. SR–Amex–96–09 and specialists on the Exchange did not begin, however, Exchange recently clarified in its rules that because until July 1994, when two firms began acting as there is only one Exchange market in a security, should be submitted by April 26, 1996. Competing Specialists in a total of seven issues. specialists may not trade ahead of any limit order For the Commission, by the Division of 5 See Securities Exchange Act Release No. 35716 on the Exchange, irrespective of firm order routing Market Regulation, pursuant to delegated (May 15, 1995), 60 FR 26908 (May 19, 1995) (order designations. See Securities Exchange Act Release authority.3 extending pilot through October 2, 1995); and No. 36323, supra note 3. Securities Exchange Act Release No. 36323, supra 8 Regardless of the number of specialists note 3 (order extending pilot through March 29, competing in a stock, the BSE displays only one 3 17 CFR 200.30–3(a)(12) (1994). 1996). consolidated quotation (best quote among all the Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15319 and time parity at the ITZ/BBO, all bids/ BEACON but must manually Exchange as specialists. The MPC offers equal to or greater than the size communicate its quotes to the regular reviews applications 20 with of the contra-side order are on parity specialist who then enters the quotes consideration for the following factors: and entitled to precedence over smaller into BEACON on its behalf. Because all • Overall performance evaluation orders. quotes are entered into the system by results of the applicant; All limit orders sent to the BSE must the regular specialist, BEACON • Financial capability; be entered into the BSE’s automated presently routes orders that are not • Adequacy of manpower on the order routing system (‘‘BEACON’’), executed against the consolidated limit floor; and • which maintains one consolidated limit order book to the designated specialist Objection by the regular specialist order book for the Exchange and ensures without systematically determining in a stock, with or without cause.21 that limit orders at the same price are whether another specialist may have a A Competing Specialist seeking to kept in strict time priority, irrespective priority quote at the ITS/BBO.14 In order terminate such status must notify the of routing designations. Each specialist to encourage competitive quoting by all MPC at least three business days prior in a security has the ability to execute specialists making markets in a security, to the desired effective date of such limit orders on the Exchange’s the BSE has committed to modify withdrawal from competition. consolidated limit order book through BEACON so that the system will accept Withdrawal from registration by a its BEACON terminal. Market orders quotes directly from Competing Competing Specialist bars that and marketable limit orders routed Specialists.15 Once the system is Competing Specialist from applying to through BEACON (approximately 95% enhanced so that BEACON accepts compete in that same stock for 90 days of all orders on the BSE) 9 are quotes from each specialist directly, the following the effective date of automatically executed by the system BSE will reprogram BEACON to route withdrawal. When the regular specialist against any contra-side orders on the incoming orders to the specialist with requests to be relieved of a stock, the consolidated limit order book. Before priority on the Exchange at the ITS/ stock is posted for reallocation by the any market and marketable limit orders BBO, or if no such priority has been Stock Allocation Committee. In the are automatically executed by the established, to the designated interim, if the MPC is satisfied that the BEACON system, however, they are specialist.16 Competing Specialist can continue to exposed to the designated specialist for maintain a fair and orderly market in 15 seconds to give that specialist an B. Procedures for Competing Specialists such stock, the Competing Specialist opportunity to improve the price.10 Under the CSI pilot, Competing will serve as the regular specialist until Under CSI rules, when there are no Specialists have the same affirmative the stock has been reallocated.22 Where customer limit orders at the ITS/BBO and negative market making obligations there is more than one Competing and none of the other specialists in the as regular specialists 17 and must Specialist in the stock, Enchange staff stock are quoting at the ITS/BBO with conform to all other specialist will place the stock with a caretaker23 time priority, orders may be executed at performance requirements and until reallocation. the ITS/BBO or better by the designated standards set forth in the Rules of the The registration of a Competing specialist.11 Orders not directed to a Exchange,18 including minimum capital Specialist, as is the case with regular particular specialist are automatically and equity requirements.19 specialists, may be suspended or routed to the regular specialist for To register as a Competing Specialist, terminated by the MPC upon a execution,12 except that the orders of a an applicant must submit a written determination of any substantial or routing firm that is affiliated with a application to the BSE’s Market continued failure by such Competing Competing Specialist are deemed to be Performance Committee (‘‘MPC’’), Specialist to engage in dealings in designated to that member firm’s listing in order of preference the stock(s) accordance with the Constitution and affiliated specialist. This prevents in which the applicant wishes to Rules of the Exchange. member firms affiliated with a specialist compete. Applicants for participation in IV. Summary of Comments from routing non-profitable orders to a the CSI must be registered with the The Commission received four non-affiliated specialist when market comment letters on the proposed rule conditions are unfavorable.13 14 The Commission notes that, although the BSE’s Currently, a Competing Specialist is system currently is not able to automatically route change. Paula Gavin, Chairwoman of the not able to enter quotes directly into orders to the specialist with priority, the BSE’s rules NYSE Individual Investors Advisory on competing specialists do not permit a specialist Council, submitted two letters asserting to trade through another BSE specialist’s quote that specialists) to other markets in the national market has priority at the ITS/BBO. If this were to occur, that ‘‘preferencing’’ programs (i.e., system at all times. it would be a violation of BSE rules. The 9 Orders communicated to a specialist (rather Commission expects the BSE to take appropriate 20 The decision of the MPC may be appealed to than routed to the specialist through BEACON) are regulatory action in the event of such a violation the Executive Committee. entered into BEACON by the specialist for of the CSI rules. 21 Any objection by the regular specialist to execution. 15 See letter from John I. Fitzgerald, Executive permit competition in one or more of such 10 See BSE Rules, Chapter XXXIII, Sec. 3(c). Vice President, BSE, to Howard Kramer, Associate specialist’s stock must be in writing and filed with 11 For example, assume that the ITS/BBO is 20 Director, SEC, dated February 29, 1996 (agreeing to the Exchange within 48 hours (unless the specialist bid to 201⁄8 offered, and specialist A is bidding 193⁄4 complete system enhancements within one year is unavailable, in which case within 48 hours of while specialist B is bidding 191⁄2. A market order from permanent approval of the CSI). becoming available) of notice of filing of the to sell may be directed to specialist B for execution 16 Id. competing specialist application. The MPC may not even though specialist A has a better bid because 17 See, e.g., U.S.C. 78k; and BSE Rules, Chapter deny applications based solely on such an neither specialist is bidding at the ITS/BBO. Under XV. objection. Rather, it is only to be used in the competing specialist program, specialist B 18 See generally BSE Rules, Ch. XV (rules circumstances wherein the stock at issue requires would execute the order at 20 (the ITS best bid) or governing the responsibilities of specialists). The special treatment such that an entering competitor better. If specialist A had been bidding 20 (the ITS Commission notes that all BSE specialists, could jeopardize the fair and orderly market best bid), specialist A would have had priority to including Competing Specialists, affiliated with an maintained by the regular specialist. execute the order even though it was directed to approved person must have proper information 22 Once competition begins in a security, any specialist B. barriers in place in conformance with BSE Rules, subsequent reallocation will bar objection rights 12 See infra notes 14 and 15, and accompanying Ch. II, § 36. See Securities Exchange Act Release from that day forward. text. No. 34076, (May 18, 1994) 59 FR 26822 (May 24, 23 A ‘‘caretaker’’ is a specialist from another 13 See infra notes 14 and 15, and accompanying 1994). specialist unit who is chosen by the Exchange to text. 19 See BSE Rules, Ch. VIII and Ch. XII. temporarily act as the regular specialist. 15320 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices allowing orders to be directed to a contained trade and share data for BSE data also indicated, however, that particular specialist for execution stocks traded on the BSE.27 the CSI may contribute to the BSE’s against itself) deny such orders the The data provided by the Exchange competitiveness within the national benefits and protections of auction indicated that trade and share volume market system. The Exchange reported market trading24. As a result, Ms. Gavin for the BSE overall increased during the that during November 1995, BSE quotes believes such orders do not get the CSI pilot.28 The data also indicated that matched at least one side of the ITS/ benefit of potential price improvement, Competing Specialists have received a BBO more often in CSI stocks than in a nor do they add to the pricing substantial amount of order flow in CSI comparable sample of BSE-traded issues mechanism of the national market stocks. Specifically, the most recent BSE in which there was only one system. Ms. Gavin therefore believes report states that in December 1995, specialist.34 orders directed to a Competing that preferencing programs should not VI. Discussion be permitted to continue. Specialist accounted for 58% of total The Commission received two letters trades and 43% of total shares executed After careful review of the competing that included preliminary drafts of an in CSI issues.29 In addition, the data specialist program, and for the reasons academic paper from Indiana University showed that the depth of the limit order discussed below, the Commission that studies the short term effects of book generally increased in CSI stocks believes that approval of the CSI is preferencing on market quality (‘‘IU during the pilot, and that approximately consistent with the requirements of the Study’’).25 The IU Study looked for 25% of the orders directed to the Act and the rules and regulations potential shifts in market share, bid/ask Competing Specialist were limit thereunder applicable to a national spreads, and liquidity premiums for 34 orders.30 Furthermore, over the last securities exchange. In particular, the NYSE-listed securities that were traded year, between 12% and 21% of the Commission believes the proposal is pursuant to the CSI pilot between July orders directed to a Competing consistent with Section 6(b)(5) of the 35 1994 and March 1995. The IU Study’s Specialist were executed against limit Act, which requires, among other preliminary results indicate that the orders on the Exchange’s consolidated things, that the rules of an exchange be 31 introduction of competing specialists on book. designed to promote just and equitable the BSE appears to have substantially The data was mixed in regard to principles of trade and to perfect the increased the BSE’s trade volume in the whether the CSI has increased mechanism of a free and open market 34 stocks and that, in particular, the competition on the BSE. Specifically, and a national market system and to share of small trades executed on the the BSE reported that regular specialists protect investors and the public interest. The competing specialist program also BSE doubled in short period of time. executed less than 1% of the orders 32 is consistent with Section 11A of the The IU Study found, however, that over directed to Competing Specialists. Act,36 which generally promotes, among the short term studied the effects of Under CSI rules, regular specialists would have executed a higher other things, the development of a competing specialists on market quality percentage of the orders directed to national market system for securities to appear to be minimal. Although the IU Competing Specialists had they been assure economically efficient execution Study found that spreads and liquidity aggressively quoting at the ITS/BBO.33 of securities transactions and fair premiums decreased, 26 it concludes competition among brokers and dealers, that this decrease is not statistically 27 The reports are available in the public file. See among exchange markets and markets significant because of the limited Competing Specialist Initiative Report, submitted to other than exchange markets. number of stocks studied. The IU study the Commission on February 13, 1995 (‘‘BSE Report The Commission supports efforts by No. 1’’); letter from Karen Aluise, Assistant Vice further notes that, to the extent that exchanges to provide increased liquidity retail brokers internalizing trades reduce President, BSE, to N. Amy Bilbija, Attorney, SEC, dated April 28, 1995 (‘‘BSE Report No. 2’’); and and competition on their trading floors (or even eliminate) commissions, letter from Karen Aluise, Assistant Vice President, or trading systems. Such efforts can investor welfare is improved. BSE, to Glen Barrentine, Senior Counsel, SEC, dated enhance market quality and enable February 14, 1996 (‘‘BSE Report No. 3’’). V. Data Summary 28 The BSE reports, for example, that for the exchanges to compete more effectively month of December 1994, there were 171,075 trades for order flow. The BSE’s competing In its approval of the CSI pilot, the and 106,753,284 shares executed on the Exchange. specialist program was designed to Commission requested that the BSE For the month of December 1995, 195,272 trades improve BSE market making and, provide, through specified periodic and 120,665,485 shares where executed on the although the data is mixed, it appears as reporting requirements, data regarding Exchange. The number of reports for all BSE trades to the Consolidated Tape Association (‘‘CTA’’) also though the CSI has provided some the CSI’s effect on competition on the increased slightly. The BSE reports that in the first increased competition and order BSE and within the national market quarter of 1994, before the competing specialist interaction on the BSE floor. At the system. Since the commencement of the program was initiated, CTA trades for the Exchange same time, the Commission is sensitive CSI pilot, the Exchange has submitted to reached 461,264. See BSE Report No. 1, supra note 27. In 1995, CTA trades had increased to 475,425 to concerns presented by internalized the Commission several reports that for the first quarter, 564,750 for the second quarter, order flow and its potential effect on the 550,337 for the third quarter, and 463,616 for the 24 See letters from Paula Gavin, Chair, NYSE fourth quarter. See BSE Report No. 3, supra note 27. 29 Specialists could be stimulated by system Individual Investors Advisory Council, to Chairman The percentage of the total trades and number enhancements that allow all specialists to enter Levitt, SEC, dated July 17, 1995, and October 2, of shares in CSI issues has increased steadily over their own quotes into BEACON. the pilot period. See BSE Reports Nos. 1, 2, and 3, 1995. 34 Letter from Karen Aluise, Assistant Vice supra note 27. 25 See letter from Robert Jennings, Faculty Fellow President, BSE, to Glen Barrentine, Senior Counsel, 30 and Professor of Finance, Indiana University School See BSE Reports Nos. 2 and 3, supra note 27. SEC, dated March 5, 1996. The BSE reported that of Business, to Jonathan Katz, Secretary, SEC, dated The BSE reported that during the month of January during the month of November, approximately 20% June 30, 1995; and letter from Robert Battalio, 1995, the Exchange had 3457 open limit orders of BSE quotes in 43 CSI stocks matched at least one Assistant Professor University of Notre Dame, to (1,313,576 shares), compared to 6928 open limit side of the ITS/BBO. In a sample of 44 non-CSI Jonathan G. Katz, Secretary, SEC, dated March 6, orders (11,808,335) during the month of December stocks, only approximately 17% of the BSE’s quotes 1996 (‘‘IU Study’’). 1995. matched at least one side of the ITS/BBO. The BSE 26 The liquidity premium measures the closeness 31 See BSE Reports Nos. 2 and 3, supra note 27. also indicated that for both groups of stocks, the of transaction prices to the mid-point of the 32 Id. BSE produced approximately 1% of all quotes that quotation spread. Thus, a decrease in the liquidity 33 As discussed later in this order, the established a new ITS/BBO. premium indicates that transaction prices have Commission believes that quote competition 35 15 U.S.C. 78f(b). moved closer to the mid-point of the spread. between the regular specialist and Competing 36 15 U.S.C. 78k–1. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15321 handling of customer orders and the In this regard, the Commission’s for specialists desiring to attract order ability of broker-dealers to fulfil their recent order routing disclosure flow to enter competitive quotes. duty to seek best execution of requirements 38 and its proposed order Although data collected during the pilot customers’ orders. Accordingly, the handling rules 39 signal a renewed indicates a lack of quote competition Commission has considered, among emphasis on the importance of price presently, the Commission anticipates other things, the CSI’s effect on improvement opportunities in greater quote competition at the ITS/ achievement of economically efficient connection with the duty to seek best BBO once Competing Specialists are execution of securities transactions, fair execution. As the Commission has able to enter their own quotes directly competition among brokers and dealers noted, while an automated order routing into BEACON. In this regard, the BSE and among exchange markets, as well as environment is not necessarily has committed to completing the the practicability of brokers executing inconsistent with the achievement of systems enhancements required to allow investors’ orders in the best market. best execution, broker-dealers choosing the direct entry of quotes by the The Commission believes that the where to automatically route orders Competing Specialists within one year BSE’s competing specialist program, must assess periodically the quality of of this approval.42 In addition, as noted while it may increase internalization, is competing markets to assure that order above, the program has increased the not necessarily inconsistent with a flow is directed to markets providing volume of limit orders. This adds to the broker-dealer’s duty to seek best the most advantageous terms for their depth and liquidity of the BSE market 40 execution of customer orders. All limit customers’ orders. Thus, a broker- and increases order interaction. dealer may not simply employ default orders are represented and executed The Commission further believes that order routing to an affiliated BSE according to the order of their receipt in the procedures for Competing specialist without undertaking such an the BSE’s consolidated limit order book Specialists are adequate and consistent evaluation on an ongoing basis. A (i.e., time priority), irrespective of with the Act. Specifically, Competing broker-dealer sending orders to the BSE whether the orders are designated for a Specialists have all of the same rights must satisfy itself that its routing particular specialist. Before an incoming and obligations of ‘‘regular’’ specialists decision is consistent with its best market or marketable limit order is under the BSE rules and the federal execution obligations, irrespective of the routed to a designated specialist, the securities laws. In addition, before firm’s desire to internalize order flow BEACON system scans the consolidated approving the application for through an affiliated BSE specialist. To limit order book for a contra-side order. registration as a Competing Specialist, reach this conclusion, the broker-dealer If there is such an order on the book, the Exchange will consider the must rigorously and regularly examine BEACON automatically exposes the applicant’s overall performance the executions likely to be obtained for order to the designated specialist for evaluation results, financial capability, customer orders in the different markets possible price improvement before and adequacy of manpower on the floor. trading the security, in addition to any matching the order with the contra-side The Commission believes that these other relevant considerations in routing order on the book. This system of criteria are reasonably designed to customer orders. matching incoming orders with orders ensure investor protection.43 The Commission also believes that the on the BSE’s consolidated book ensures Finally, the Commission believes it is that customer market and limit orders competing specialist program is reasonably designed to facilitate consistent with the Act for the BSE to are given an opportunity to interact remove the restrictions placed on the before a specialist can execute the competition among BSE specialists. A specialist may not execute directed competing specialist program during the orders against itself, while also pilot. Specifically, specialists have been providing an opportunity for price order flow against itself if a competing specialist has priority at the ITS/BBO.41 prohibited from making cash payments improvement for market and marketable for order flow in those stocks in which limit orders before they are By maintaining time priority for quotes at the ITS/BBO, the Commission they are registered as Competing automatically executed. Indeed, the CSI Specialists. The Commission believed has enhanced order interaction on the believes that the BSE’s competing specialist program provides an incentive that a limitation on the inducements for BSE by increasing the volume of limit preferencing order flow was necessary orders sent to the exchange. 38 See Securities Exchange Act Release No. 34902 until the Commission had an While the Commission concludes, for (October 27, 1994), 59 FR 55006 (November 2, opportunity to assess the effects of the the reasons discussed above, that the 1994). CSI pilot. As discussed above, the CSI is not necessarily inconsistent with 39 See Securities Exchange Act Release No. 36310 (September 29, 1995), 60 FR 52792 (October 10, Commission has assessed the CSI pilot a broker-dealer’s duty to seek best 1995). and determined that it is not execution, the Commission recognizes 40 Id. The Commission also noted that the inconsistent with the Act, nor that execution quality is, in large part, availability of sophisticated order handling systems necessarily, a broker-dealer’s obligation dependent on the diligence of BSE has made it possible for some broker-dealers and to seek best execution. Moreover, lifting market centers to provide an opportunity for price members in handling customer orders. improvement for their customer orders. The use of the payment for order flow restriction While this is true of all markets, it is of these efficient routing and execution facilities by on BSE competing specialists will place particular significance in markets where firms and exchanges suggest that price them in the same position as the BSE’s dealers execute customer orders as improvement procedures and other best execution other members. Accordingly, the safeguards in an automated environment are principal. It is therefore incumbent on increasingly practicable and are setting new 37 the BASE, as well as the Commission standards for the industry. See also Division of 42 See supra note 15. Failure to complete the in its oversight capacity, to ensure that Market Regulation, SEC, Market 2000 An systems modifications as agreed would raise serious BSE members provide best execution of Examination of Current Equity Market concerns for the Commission regarding whether the customer orders. Developments, (January 1994), at Study V. conclusions of this order remain valid. 41 System enhancements, to be completed within 43 The fourth criteria specified by the Exchange, one year, will allow BEACON to automatically objection by the regular specialist, will only be used 37 At a minimum, the Commission would expect route incoming orders that are not executed against in stocks presenting special handling the BSE, as with any self-regulatory organization, to the consolidated limit order book directly to the considerations and cannot be used by regular conduct regular, comprehensive surveillance of the specialist that has time priority at the ITS/BBO. See specialists as a veto to competition. See supra note execution quality provided by its members. supra notes 14 and 15. 21. 15322 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Commission believes it is appropriate at [Release No. 34±37046; File No. SR±CSE± limitations on preferencing dealers, this time to remove this restriction. 95±03] including restricting to 60 the number of stocks each preferencing dealer could The Commission also is approving the Self-Regulatory Organizations; The CSI without the restrictions on the trade. Since the inception of the Cincinnati Stock Exchange; Order program in 1991, the Commission has number of Competing Specialists Granting Approval to Proposed Rule approved several extensions of the pilot permitted in each stock and the number Change to Adopt Permanently Rules and increases in the number of stocks Regarding the Preferencing of Public of stocks in which a single Competing each preferencing dealer could trade.6 Specialist is permitted to compete. Agency Orders Currently, the DPP is approved through These restrictions only were necessary March 29, 1996. March 29, 1996, and each preferencing to limit the scope of the pilot program dealer is permitted to trade up to 350 so that the BSE and Commission could I. Introduction issues. evaluate the effects of introducing On March 1, 1995, The Cincinnati The CSE initiated the DPP to provide Competing Specialists on the floor of Stock Exchange (‘‘CSE’’ or ‘‘Exchange’’) dealers with the ability to retain and the Exchange. The Commission has submitted to the Securities and execute their internal order flow at the completed such an evaluation and finds Exchange Commission (‘‘SEC’’ or national best bid or offer, provided that no reason to continue the restrictions. ‘‘Commission’’), pursuant to Section public limit orders at the same price on 19(b)(1) of the Securities Exchange Act the CSE book were executed first.7 In VII. Conclusion of 1934 (‘‘Act’’) 1 and Rule 19b–4 proposing the preferencing program, the 2 The Commission believes it is thereunder, a proposed rule change to Exchange noted that it had attempted to increase business and liquidity by consistent with the Act to allow the BSE adopt permanently the Exchange rules governing preferenced trading. On developing the National Securities to implement its competing specialist August 11, 1995, the Exchange Trading System (‘‘NSTS’’), which program on a permanent basis. In submitted Amendment No. 1 to the electronically interfaces with retail making this determination, the proposed rule change to adopt order order-delivery systems of CSE members, Commission carefully evaluated the handling policies for preferencing and had attempted to increase the data provided by the BSE and other dealers. number of issues traded on the sources, and concluded that the CSI is The proposed rule change was Exchange through the creation of the competitively beneficial to the BSE, published for comment in Securities Designated Dealer category of market while not inconsistent with the Exchange Act Release No. 35448 (March makers, which are obligated to attainment of best execution of customer 7, 1995), 60 FR 13493 (March 13, 1995). guarantee execution of all public agency orders, the maintenance of fair and Amendment No. 1 was published for orders up to 2,099 shares.8 According to orderly markets, or the protection of comment in Securities Exchange Act the CSE, however, these efforts had not investors and the public interest. Release No. 36092 (August 11, 1995), 60 overcome the lack of incentive in CSE’s Nevertheless, Commission approval of FR 42209 (August 15, 1995). The multiple market maker environment for Commission received 18 comment the BSE’s competing specialist program firms affiliated with CSE dealers to letters on the proposed rule change, direct their retail order flow to the is not a determination by the which are discussed below.3 For the Exchange. Unlike the specialists Commission that mere default routing reasons discussed below, the affiliated with order flow firms on the by a firm to its affiliated competing Commission has determined to approve other regional exchanges, who generally specialist is consistent with a firm’s best the proposed rule change, as amended. faced little or no market making execution obligations. A broker-dealer II. Background competition on their floors, the multiple associated with a competing specialist CSE dealers were subject to losing all or must still ensure that its order routing In February 1991, the Commission a portion of their public orders to other decisions are consistent with its best approved a six month pilot program, execution obligations and assess referred to as the CSE’s Dealer 6 See Securities Exchange Act Release No. 29524 periodically the quality of competing Preferencing Program (‘‘DPP’’), to (August 5, 1991), 56 FR 38160 (August 12, 1991) markets to assure that order flow is modify the Exchange’s priority rules to (extending pilot through February 7, 1992); give CSE Designated Dealers 4 priority Securities Exchange Act Release No. 30353 directed to markets providing the most (February 7, 1992), 57 FR 5918 (February 18, 1992) advantageous terms for its customers’ over same-priced professional interest (increasing number of stocks to 125 and extending orders. when interacting with public agency pilot through August 7, 1992); Securities Exchange market and marketable limit orders.5 Act Release No. 30809 (June 15, 1992), 57 FR 27990 It is therefore ordered, pursuant to Originally, the DPP contained (June 7, 1992) (increasing number of stocks to 250); Section 19(b)(2) of the Act,44 that the Securities Exchange Act Release No. 31011 (August 7, 1992), 57 FR 38704 (August 26, 1992) (extending proposed rule change (SR–BSE–95–02) 1 15 U.S.C. 78s(b)(1). pilot through May 7, 1993 and increasing number is approved. 2 17 CFR 240.19b–4. of stocks to 350); Securities Exchange Act Release By the Commission. 3 See infra notes 29 to 33, and note 69. No. 32280 (May 7, 1993), 58 FR 28424 (May 13, 4 1993) (extending pilot through May 7, 1994); Margaret H. McFarland, The term ‘‘Designated Dealer’’ is defined by the Exchange as a member who maintains a minimum Securities Exchange Act Release No. 33975 (April Deputy Secretary. net capital amount and who has been approved by 28, 1994), 59 FR 23242 (May 5, 1994) (extending [FR Doc. 96–8398 Filed 4–4–96; 8:45 am] the CSE’s Securities Committee to perform market pilot through August 6, 1994); Securities Exchange making functions by entering bids and offers into Act Release No. 34493 (August 5, 1994), 59 FR BILLING CODE 8010±01±M the Exchange’s trading system. See CSE Rule 41531 (August 12, 1994) (extending pilot through 11.9(a)(3). In addition, the Designated Dealer status May 18, 1995); Securities Exchange Act Release No. obligates the dealer to guarantee execution of all 35717 (May 15, 1995), 60 FR 26909 (May 19, 1995) public agency market and marketable limit orders (extending pilot through October 2, 1995); and up to 2099 shares. For issues in which there are Securities Exchange Act Release No. 36324 more than one Designated Dealer, this execution (September 29, 1995), 60 FR 52436 (October 6, guarantee obligation rotates on a daily basis. See 1995) (extending pilot through March 29, 1996). CSE Rule 11.9(c)(iv) and (v). 7 See Securities Exchange Act Release No. 28866, 5 See Securities Exchange Act Release No. 28866 supra note 5. 44 15 U.S.C. 78s(b)(2). (February 7, 1991), 56 FR 5854 (February 13, 1991). 8 T3Id. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15323 market makers on the Exchange.9 Thus, In addition, in October 1994, the For example, if dealer A on the CSE the CSE believed that altering the Commission adopted rules concerning is quoting at the ITS/BBO, dealer B can priority rules between professional the disclosure of payment for order flow still internalize its order flow (even if it trading interests was necessary to bring practices and the order routing is not quoting at the ITS/BBO) so long the CSE dealers on par with other arrangements of broker-dealers receiving as dealer B executes the order at the regional specialists and consequently payment for order flow.15 The ITS/BBO (or better) and there is no attract retail order flow and enhance Commission noted that not all market contra-side public agency order on the liquidity and efficiency on the centers expose market orders to other CSE’s central limit order book at that Exchange. At the same time, the CSE order flow or provide an opportunity for price. If there is a public agency limit continued to protect customer orders on price improvement for market orders. order on the CSE’s book with priority, the Exchange’s central limit order book While price improvement was not the however, NSTS will automatically break by requiring that such limit orders be exclusive factor for determining the paired order trade and match the satisfied before a dealer could whether a broker-dealer was fulfilling incoming public agency order with the internalize same-priced customer orders its duty to seek best execution, the public limit order on the CSE’s book.19 and by ensuring that internalized orders Commission believed it important to the As noted above, in approving the be executed at no worse than the inquiry, particularly when payment was initial DPP pilot, and subsequent national best bid or offer.10 received by the broker-dealer, or when extensions and expansions, the In approving the initial pilot program, the broker-dealer internalized orders or Commission imposed certain limitations the Commission stated that the proposal routed orders to affiliates.16 and requirements on its operation. addressed the CSE’s legitimate desire to These conditions currently limit the attract additional business to the III. Description number of issues in which a Exchange, while at the same time The Exchange requests permanent preferencing dealer may be registered to providing adequate protection for public approval of its DPP. In conjunction with 350; prohibit preferenced trading for agency orders placed on the Exchange’s its permanent approval request, the CSE index arbitrage purposes when certain central limit order book.11 The also seeks approval of rule changes ‘‘circuit breakers’’ are in effect; 20 and Commission noted that the CSE implementing new order handling prohibit a dealer from making cash combines features of both exchange and policies for the purpose of increasing payments for preferenced order flow. In over-the-counter markets.12 order exposure and ensuring the timely connection with its request for During the course of the DPP pilot the execution and display of limit orders on permanent approval of the DPP, the Commission has been considering the CSE. Exchange requests that the Commission whether preferencing and the increasing A. Dealer Preferencing remove the limitation on the number of internalization of order flow, and stocks preferencing dealers may trade practices such as payment for order The preferencing program permits and the prohibition on cash payments flow, are consistent with a broker- CSE dealers to retain and execute their for order flow. dealer’s duty to seek best execution for internal order flow at the prevailing ITS customer orders. Consistent with its best bid or offer (‘‘ITS/BBO’’), provided B. Order Handling Policies for consideration of payment for order flow that there are no public agency limit Preferencing Dealers and best execution, the Commission orders on the Exchange’s central limit The CSE also seeks approval for three requested that the CSE start providing order book at that price or better. To this rule changes related to the handling of data to show the effects of preferencing end, the preferencing program permits customer orders on the Exchange. on the quality of order execution and CSE dealers to internalize order flow by Generally, these requirements are market making on the CSE.13 At the eliminating time priority between CSE designed to increase order exposure and same time, the Commission approved, dealers, thereby enabling preferencing ensure the timely execution and display on a pilot basis, a competing specialist dealers to interact with public market of limit orders held by CSE dealers. program on the Boston Stock Exchange and marketable limit orders they First, the Exchange proposes to adopt (‘‘BSE’’), which also raised issues represent as agent. Specifically, the Interpretation and Policy .01 to CSE regarding internalization of order preferencing program gives preferencing Rule 11.9(u) regarding price flow.14 dealers priority over professional agency improvement of certain market orders. or principal orders entered prior in time This policy would require that, in 9 Id. when interacting with a public order it greater than minimum variation 10 Id. represents as agent.17 The dealer may markets, a preferencing dealer 11 Id. interact with such orders either by (1) 12 Id. To this end, the Commission described the taking the contra-side of the trade as incoming contra-side market order. For example, if CSE as ‘‘unique among U.S. stock exchanges in that the ITS/BBO is 20 bid—201⁄8 asked, and a dealer it is totally automated and utilizes a competing principal (‘‘paired order trade’’), or (2) has a limit order to buy at 20, an incoming market market maker system.’’ crossing the order with another sell order will be matched with that limit order 13 See Securities Exchange Act Release No. 34493, customer order it represents as agent because the dealer may not trade for its own supra note 6. Specifically, the Commission (‘‘agency cross’’).18 account ahead of its own customer limit order. See requested that the CSE demonstrate that CSE Rule 12.6(b). preferencing added depth and liquidity to the CSE 19 If there is a public agency order on the CSE’s 15 market, and improved quotations. The Commission See Securities Exchange Act Release No. 34902 book, the system rejects the dealer’s principal side stated that if the CSE could not make such a (October 27, 1994), 59 FR 55006 (November 2, of the attempted cross or, in the case of an showing, the Commission would not be inclined to 1994). attempted public agency cross, rejects the agency extend the preferencing program. Accordingly, the 16 The Commission also is currently considering order that is on the same side of the market as the CSE submitted several reports and letters comment received regarding a series of order pre-existing order on the book. containing data that it believes makes the required handling rules it proposed last September. See 20 Specifically, the index arbitrage restriction showing. See infra note 36. Securities Exchange Act Release No. 36310 permits preferencing dealers to preference their 14 See Securities Exchange Act Release No. 34078 (September 29, 1995), 60 FR 52792 (October 10, customer order flow that is related to index (May 18, 1994), 59 FR 27082 (May 25, 1994). Unlike 1995). arbitrage only on plus or zero plus ticks when the the CSE program, the BSE competing specialist 17 See CSE Rule 11.9(u). Dow Jones Industrial Average (‘‘DJIA’’) declines by program does not alter time priority among 18 The majority of agency crosses are the result of fifty points or more from the previous day’s closing competing specialists quoting at the intermarket a limit order resident in the dealer’s proprietary value. See Securities Exchange Act Release No. best bid or offer. system at the ITS/BBO, which is matched with an 28866, supra note 5. 15324 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

immediately execute market orders dealers for execution on the CSE receive Stock Exchange (‘‘BSE’’),30 American routed to him or her for execution on timely executions relative to same- Stock Exchange (‘‘Amex’’),31 and The the CSE at an improved price or expose priced limits orders on the primary Specialist Association,32 as well as from the orders on the Exchange for a markets, and is therefore referred to as other interested parties.33 The minimum of thirty seconds to give other ‘‘primary market print protection.’’ 25 commenters that opposed the market participants an opportunity to Finally, the Exchange proposes to continuation of preferencing generally provide an improved price.21 A amend Interpretation and Policy .01 to raised similar concerns regarding the preferencing dealer may expose a CSE Rule 12.10 regarding the handling practice of preferencing. As discussed market order by representing the orders of public agency limit orders priced below, these commenters asserted that at an improved price in his or her CSE either at or between the ITS/BBO. The preferencing, and the resulting quote, or by placing the order on the policy currently requires that a CSE internalization of order flow (1) CSE’s central limit order book at an dealer display all or a representative decreases order interaction on the CSE, improved price.22 This requirement, portion of such orders in the national which negatively affects order execution however, will not be imposed upon market system unless the order is quality, and (2) detrimentally affects the members during unusual market executed immediately or the customer quality of the CSE market and the conditions or if such action would not requests that it not be displayed.26 broader market.34 In addition, the NYSE be in the best interest of the customer.23 Under the amended rule, a CSE dealer Second, the Exchange proposes to must display on the CSE all or a Letter No. 1’’); Daniel Park Odell, Assistant adopt Interpretation and Policy .02 to representative portion of public limit Secretary, NYSE, to Jonathan Katz, Secretary, SEC, CSE Rule 11.9(u) regarding public orders that he or she represents as agent dated April 5, 1995 (‘‘NYSE Letter No. 2’’); and James E. Buck, Senior Vice President and Secretary, agency limit order protection. Under for execution on the CSE, unless the NYSE, to Jonathan G. Katz, Secretary, SEC, dated this policy, a public agency limit order order is executed immediately or the September 5, 1995 (‘‘NYSE Letter No. 3’’). In routed to a CSE dealer for execution on customer requests that it not be addition, the NYSE submitted several comment the CSE would be filled if (i) the bid or displayed.27 A dealer may satisfy this letters regarding prior extensions of the CSE’s preferencing program. offer at the limit price has been requirement by representing limit orders 30 See letter from John Fitzgerald, Executive Vice exhausted in the primary market; (ii) in his or her CSE quote, or by placing President, BSE, to Howard Kramer, Associate there has been a price penetration of the the agency orders (or a representative Director, Division of Market Regulation, SEC, dated limit order in the primary market; or portion) on the CSE’s central limit order March 24, 1995 (‘‘BSE Letter’’). 31 (iii) the issue is trading at the limit price book.28 In addition, if a representative See letter from James Duffy, Executive Vice President and General Counsel, Amex, to Jonathan on the primary market unless it can be portion of an order is executed, the CSE Katz, Secretary, SEC, dated April 20, 1995 (‘‘Amex demonstrated that such order would not dealer must display all or a Letter’’) have been executed if it had been representative portion of the remainder 32 See letters from David Humphreville, Executive transmitteed to the primary market or of the order until the order is filled in Director, The Specialist Association, to Jonathan Katz, Secretary, SEC, dated April 3, 1995 the customer and the Designated Dealer its entirety. (‘‘Specialist Association Letter No. 1’’); and July 27, agree to a specific volume related or IV. Summary of Comments 1995 (‘‘Specialist Association Letter No. 2’’). other criteria for requiring execution of 33 See letter from The Honorable Thomas J. Bliley, limit orders.24 This policy is designed to The Commission received 18 Jr., Chairman, Committee on Commerce, U.S. House comment letters from a total of 13 of Representatives, and The Honorable Jack Fields, ensure that limit orders routed to CSE Chairman, Subcommittee on Telecommunications commenters. Eleven of the commenters and Finance, U.S. House of Representatives, to 21 When exposing a market order on the Exchange opposed the DPP and requested that the Arthur Levitt, Jr., Chairman, SEC, dated July 6, 1995 for price improvement, a dealer stops the order to Commission disapprove the CSE’s (supporting a disclosure approach to regulation of guarantee that the customer receives the then request for permanent approval of the broker order routing practices); letter from The current best market price in the event that the order Honorable Alfonse M. D’Amato, Chairman, does not receive price improvement. The program. The Commission received Committee on Banking Housing and Urban Affairs, Commission has proposed a rule requiring that all comment letters from the New York United States Senate, to Arthur Levitt, Jr., market orders receive an opportunity for price Stock Exchange (‘‘NYSE’’),29 Boston Chairman, SEC, dated July 17, 1995 (opposing improvement. See Securities Exchange Act Release preferencing); letter from The Honorable John D. No. 36310, supra note 16. The CSE order exposure Dingell, Ranking Member, Committee on 25 The Commission notes that the Chicago Stock policy would be superseded by any final rule Commerce, U.S. House of Representatives, to Exchange and Boston Stock Exchange currently adopted by the Commission to the extent that the Arthur Levitt, Jr., Chairman, SEC, dated June 28, have nearly identical primary market print Commission’s rule imposed greater obligations on 1995 (‘‘Dingell Letter’’) (opposing preferencing); protection policies. See CHX Rules, Article XX, market participants. letter from The Honorable Dan Frisa, U.S. House of Rule 37(a); and BSE Rules, Chapter II, Section 33, 22 A dealer that represents an order in its CSE Representatives, to Arthur Levitt, Jr., Chairman, Interpretations and Policies .01. quote does not enter a public agency order into SEC, dated August 9, 1995 (opposing preferncing); 26 NSTS. Thus, representing an order in the dealer’s The Commission also has proposed a similar letters from Paula Gavin, Chair, NYSE Individual quote would not result in the order being limit order display rule for all markets. Investors Advisory Council, to Arthur Levitt, Jr., automatically matched with other orders in NSTS, Accordingly, the CSE limit order display policy Chairman, SEC, dated July 17, 1995, and October such as with paired order trades entered by CSE would be superseded by any final rule adopted by 2, 1995 (opposing preferencing); letter from Thomas preferencing dealers. However, if the customer limit the Commission to the extent that the Commission’s E. O’Hara, Chairman, Board of Trustees, National order is at a price that is better than the ITS/BBO, rule imposed greater obligations on market Association of Investors Corporation, to Arthur inclusion in the CSE dealer’s quote will narrow the participants. See Securities Exchange Act Release Levitt, Jr., Chairman, SEC, dated September 20, market in that security. No. 36310, supra note 16. 1995 (opposing preferencing); letter from Wayne F. 27 23 This provision is intended to apply to unusual If the limit order is for 500 shares or fewer, a Haefer, to Arthur Levitt, Jr., Chairman, SEC, dated market conditions (e.g., fast moving markets) and dealer must display the entire order. If the limit September 20, 1995 (opposing preferencing); and situations where it would be inconsistent with a order is for more than 500 shares, a dealer must letter from Bruce B. Johnson, for Otten, Johnson, preferencing dealer’s best execution duty to expose display at least 500 shares, but is not required to Robinson, Neff & Ragonetti, P.C., to Arthur Levitt, the order. Conversation between David Colker, display the entire order. Conversation between Jr., Chairman, SEC, dated October 5, 1995 (opposing Executive Vice President and Chief Operating David Colker, Executive Vice President and Chief preferencing). Officer, CSE, and N. Amy Bilbija, SEC, on August Operating Officer, CSE, and N. Amy Bilbija, SEC, 34 The NYSE attempted to evaluate preferencing 14, 1995. on August 14, 1995. The Commission notes that the by constructing a program, using data from the 24 In unusual trading situations, a Designed rule applies to all CSE dealers, not only Consolidated Tape (‘‘CT’’), Consolidated Quotation Dealer may seek relief from these requirements from preferencing dealers. System (‘‘CQS’’), and ITS, to identify paired order two Trading Practices Committee members or a 28 See supra note 22. trades (‘‘POTs’’) occurring on the CSE. A POT was designated member of the Exchange staff who 29 See letters from James E. Buck, Senior Vice defined as a trade printed on the CSE that was not would have the authority to set execution President and Secretary, NYSE, to Jonathan Katz, the result of interaction with the existing CSE parameters. Secretary, SEC, dated March 16, 1995 (‘‘NYSE quote, e.g., not a trade between two distinct CSE Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15325

commented on the CSE’s proposed Commenters asserted that because mix of order types to CSE preferencing order handling policies.35 The CSE preferencing provides a disincentive for dealers.48 submitted several letters in response to interdealer competition, customer With respect to market order the comments and provided data orders are denied the opportunity to exposure, the CSE maintained that the requested by the Commission.36 interact with other trading interest in rate of price improvement on the 42 Exchange compares favorably to other A. Order Execution Quality the market. Several commenters further stated that preferencing exchanges. The CSE asserted that 59% Several commenters asserted that the undermines the proper price discovery of CSE executions in greater than alteration of priority rules to facilitate and market transparency functions of minimum variation markets were internalization discourages interaction the agency auction market and makes printed between the ITS/BBO in the between dealers and among customer best execution of customer orders less fourth quarter of 1995, and that an 37 orders in the CSE market. Specifically, likely.43 In this regard, commenters additional 4% of the orders received commenters stated that preferencing asserted that preferencing makes it more price improvement after being exposed 49 discourages interdealer competition on profitable for dealers to internalize at prices that narrowed the ITS/BBO. the CSE and, as a result, the CSE orders by maintaining limit orders on The NYSE asserted that the CSE does functions as a mere facility by which its their internal proprietary systems until not compare favorably to the other members can receive a print for an they become marketable, rather than exchanges and reported that only exchange execution for internalized placing them on the Exchange’s central approximately 45% of the executions on trades.38 The NYSE asserted that, as a CSE occur between the ITS/BBO.50 limit order book where they would be result of preferencing, there are multiple Finally, the NYSE noted that the CSE is displayed and have an opportunity to proprietary trading systems within the the only exchange that does not have interact with other customer orders.44 In CSE market wherein CSE members can rules requiring members, when trading addition, commenters charged that internalize order flow with minimal as principal with an agency order, to because orders on the CSE’s central probability of that order flow interacting publicly cross the order in the market with the orders of other CSE members.39 limit order book must be satisfied before and quote the agency order 1/8 better so In response, the CSE indicated that an a dealer can internalize orders at the as to permit other members to improve average of 8,000 trades per month result same price, it is to the advantage of the price.51 from interaction between CSE dealers.40 dealers that seek to internalize customer B. Market Quality In addition, the CSE believes interdealer order flow to discourage the placing of 45 activity has been increasing due to limit orders on the CSE’s book. As a Several commenters asserted that the efforts by the Exchange to encourage result, the commenters maintained that Commission should not permanently quote competition among its dealers.41 there are relatively few, if any, limit approve the DPP because the CSE has orders sent to the CSE’s book.46 not demonstrated that preferencing members. The NYSE included analysis for five The CSE stated that is has encouraged results in added depth and liquidity to consecutive trading days in March 1995. See NYSE dealers to place limit orders on the its market, nor improved quotations.52 Letter No. 2, supra note 29. NSTS book, but that no exchange has 35 See NYSE Letter No. 3, supra note 29. 48 the authority to dictate firm order The NYSE states as an example that the CSE 36 See letters from David Colker, Executive Vice could require dealers to route the same ratio of President and Chief Operating Officer, CSE, to handling practices by requiring that market orders and limit orders to the CSE. See Arthur Levitt, Jr., Chairman, SEC, dated January 18, firms place their limit orders in the NYSE Letter No. 2, supra note 29. 1995 (‘‘CSE Letter No. 1’’); Jonathan Katz, Secretary, exchange’s book.47 The NYSE believes, 49 See CSE Letter No. 5, supra note 36. In SEC, dated April 26, 1995 (‘‘CSE Letter No. 2’’), and however, that while the CSE lacks the addition, the CSE reported that for the first quarter June 14, 1995 (‘‘CSE Letter No. 3’’); Brandon Becker, of 1995, 57% of CSE executions in greater than Director, Division of Market Regulation, SEC, dated authority to dictate that its preferencing minimum variation markets were executed between June 19, 1995 (‘‘CSE Letter No. 4’’); Richard dealers enter limit orders on the CSE, the ITS/BBO, and that an additional 3% of the Lindsey, Director, Division of Market Regulation, the CSE could require firms to route a orders received price improvement after being SEC, dated January 31, 1996 (‘‘CSE Letter No. 5’’). exposed at prices that narrowed the ITS/BBO. See 37 See NYSE Letter No. 2, supra note 29; BSE CSE Letter No. 4, supra note 36. 42 Letter, supra note 30; Amex Letter, supra note 31; See NYSE Letter No. 2, supra note 29; BSE 50 See NYSE Letter No. 2, supra note 29. Based and Specialist Association Letters Nos. 1 and 2, Letter, supra note 30; Amex Letter, supra note 31; on its own analysis, the NYSE asserted that during supra note 32. and Specialist Association Letters Nos. 1 and 2, the month of December 1994, CSE’s rate of price 38 See NYSE Letters Nos. 2 and 3, supra note 29; supra note 32. See also comment letters cited supra improvement was 48.7% in 1/4 point markets, 48% and Specialist Association Letter No. 2, supra note note 33 that opposed preferencing in 3/8 point markets, and 37.7% in 1/2 point 31. The NYSE claimed that a total of 87.7% of CSE 43 See Amex Letter, supra note 31; and Specialist markets. The NYSE also stated that, contrary to the executions were POTs. Further, the NYSE asserted Association Letters No. 1, supra note 32. See also CSE’s contention, price improvement is possible in that in a subset of securities in which there were comment letters cited supra note 33 that oppose minimum variation markets and that 17.6% of only preferencing dealers, 94.2% of all trades were preferencing. NYSE SuperDot market orders receive price POTs. The NYSE asserted that only 4.8% of CSE 44 See NYSE Letter No. 2, supra note 29; BSE improvement in 1/8 point markets. Id. The BSE also trades could be characterized as trades between CSE Letter, supra note 30; Amex Letter, supra note 31; measures price improvement in minimum variation dealers. and Specialist Association Letters Nos. 1 and 2, markets, and maintains that it provides price 39 See NYSE Letter No. 2, supra note 29. supra note 32. improvement approximately 4% of the time when 40 See CSE Letter No. 1, supra note 36. 45 See NYSE Letter No. 2, supra note 29; BSE the ITS/BBO spread is 1/8 point. See BSE Letter, 41 Id. In January 1994, the Exchange proposed Letter, supra note 30; Amex Letter, supra note 31. supra note 30. quoting parameters that would require dealers to 46 Id. 51 See NYSE Letter No. 2, supra note 29. As maintain quotation spreads that are no wider than 47 The CSE reported that in the first quarter of described above, the CSE is proposing to require 125% of the three narrowest ITS quotations. As a 1995, 2104 preferenced orders interacted with pre- dealers to either execute market orders in greater result, in some circumstances, dealers would be existing public agency limit orders on the CSE’s than minimum variation markets between the required to maintain quotes that match at least one book. See CSE Letter No. 4, supra note 36. The CSE spread, or expose the orders for 30 seconds to give side of the ITS/BBO. In addition, the Exchange reported that in the fourth quarter of 1995, 4802 other market participants an opportunity to provide proposed to prohibit the use of computer-generated preferenced orders interacted with agency limit price improvement. quotations that track the primary market quotation. orders on the CSE’s book. See CSE Letter No. 5, 52 See NYSE Letters Nos. 2 and 3, supra note 29; Although the rule proposal has not yet been supra note 36. As described above, the CSE is BSE Letter, supra note 30; Amex Letter, supra note approved by the Commission, the CSE maintains proposing to require dealers to display their limit 31; Specialist Association Letters Nos. 1 and 2, that many of its dealers began to comply with these orders by either placing the orders on the supra note 32; and Dingell Letter, supra note 33. quoting policies voluntarily in January 1994. See Exchange’s central limit order book, or representing The commenters note that the Commission File No. SR–CSE–95–01. the orders in their CSE quote. Continued 15326 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

The NYSE and BSE asserted that the market through quotes at the ITS/BBO. Commenters charged that CSE quotes existence of preferencing dealers in an In its initial report, the CSE analyzed its change too quickly for other market issue actually diminishes the quality of average quote spread, average quote participants to have a meaningful the CSE quotes.53 In evaluating whether size, the relation of CSE quotes to the opportunity to send ITS orders to the preferencing dealers add to the quality ITS/BBO, total trade activity, ITS CSE.66 Commenters believe that the of the CSE market, the NYSE believes inbound trade activity, and customer rapid quote changes are caused by a that preferenced trade activity should order price improvement.59 In every combination of multiple dealers in the not be considered.54 Rather, the NYSE category the CSE reported that its single market and the use by some CSE believes that the measure of a performance either equaled or exceeded dealers of automated systems that preferencing dealer’s contribution to the the other regional exchanges.60 Several generate quotations.67 The CSE market is whether it maintains commenters noted that the CSE’s data maintained, however, that its quotations and handles order flow that included all dealers on the CSE and cancellation rate is not increased by interacts with other CSE members and asserted that inclusion of non- computer-generated quotations, and that market participants.55 As discussed preferencing dealers improved the 87% of quote changes that result in above, the NYSE estimated that overall results.61 In response, the CSE cancellations are displayed to other approximately 88% of CSE trades are submitted an analysis that isolated the market participants for over one executed without interaction between trading activity of preferencing dealers minute.68 CSE members.56 In addition, the NYSE in the above categories, and reported Finally, the Commission received two believes that ITS inbound activity is an that their performance also equaled or preliminary drafts of an academic paper indication of competitive quoting, in exceeded the other regional from Indiana University that studies the that quotes at the ITS/BBO draw orders exchanges.62 Most recently, the CSE short term effects of preferencing on to trade on the CSE from other markets. reported that 71% of the CSE’s market quality (‘‘IU Study’’).69 The IU In this regard, the NYSE asserted that quotations match at least one side of the Study looked for potential shifts in the percentage of CSE trades in a stock ITS/BBO,63 and that the CSE was market share, bid/ask spreads, and involving orders from other market responsible for generating 6% of all liquidity premiums 70 for 256 securities participants (i.e., ITS inbound activity) quotes that established a new ITS/ that the authors believed were decreased as the number of preferencing BBO.64 preferenced during the entire pilot dealers in an issue increased.57 Several commenters asserted, (1991–1995). The IU Study’s Similarly, the BSE argued that the however, that any liquidity that may be preliminary results indicated that, while percentage of ITS inbound activity provided by the CSE is artificial due to internalization results in significant attributable to preferencing dealers the inaccessibility of the CSE’s quotes.65 volume redistribution, the preferencing should be higher in proportion to the program does not appear to have had an number of trades and shares they 59 See CSE Letter No. 1, supra note 36. adverse effect on the measures of market execute on the CSE.58 60 See id. The BSE noted that the CSE’s data quality.71 The IU study noted, however, showed that the BSE’s average size for quotes at the The CSE maintained that preferencing ITS/BBO (1,325 shares) far exceeded that of the CSE dealers add depth and liquidity to the (700 shares). While the CSE data also indicated that and Specialist Association Letter No. 1, supra note the BSE only quotes at the ITS/BBO 5% of the time 32. 66 requested that the CSE demonstrate that compared to approximately 71% for the CSE, the See NYSE Letter Nos. 1 and 2, supra note 29; preferencing added depth and liquidity to its BSE asserts that CSE dealers do not trade at their BSE Letter, supra note 26 (incorporating by market, improved quotations, and generally had a quotes and that the size of CSE quotes is therefore reference letter from John I. Fitzgerald, Executive Vice President, BSE, to Jonathan G. Katz, Secretary, beneficial competitive effect on the national market meaningless. See BSE Letter, supra note 30. 61 SEC, dated April 29, 1994); and Amex Letter, supra system. See Securities Exchange Act Release No. See NYSE Letter No. 2, supra note 29; and BSE note 31. 34493, supra note 6. Letter, supra note 30. 62 67 Id. 53 See NYSE Letter No. 2, supra note 29; and BSE See CSE Letter No. 3, supra note 36. The CSE 68 Letter, supra note 30. reported that for a subset of 237 stocks in which The CSE analyzed 2,626 CSE ITS cancellations that occurred on eight randomly chosen trading 54 The CSE maintains, however, that the there were only preferencing dealers (1) the average 1 days between August 4, 1994, and January 13, 1995. preferencing program has provided additional quotation spread was ⁄4 point, which the CSE reported was narrower than any other regional The CSE concluded that, of the total cancellations depth and liquidity for a substantial amount of exchange, (2) 60% of their quotes matched one or analyzed, 4% were caused by erroneous pricing, public order flow, and that it is therefore both sides of the ITS/BBO, while none of the other 9% were the result of ‘‘fishing,’’ and 22% were the appropriate for the Commission to include exchanges exceeded 30%; and (3) the CSE result of stock having traded prior to receipt of the preferenced trade activity in its analysis. See CSE generated 4% of all quotes that established a new ITS commitment. The remaining cancellations were Letter No. 3, supra note 36. ITS/BBO, which exceeded the performance of all due to the CSE’s quote changing before the 55 See NYSE Letter No. 2, supra note 29. See also other regional exchanges. The CSE also asserted commitment to trade was received by the CSE BSE Letter, supra note 30 (asserting that CSE that it had the highest average quote size (700 system. In this regard, the CSE asserts that 87% of dealers do not trade at their displayed quotes); and shares) of any regional stock exchange in the 237 the quotes that changed prior to receipt of ITS infra note 60. stocks. The CSE asserted that the depth provided commitments to trade had been displayed for more 56 See NYSE Letter No. 2, supra note 29. The by preferencing specialists when their quotes than one minute, and more than 50% of these NYSE maintained that for stocks in which there establish or match the ITS/BBO actually quotes had been displayed for over five minutes. were only preferencing dealers, 94% of the trades contributed more depth to the national market than See CSE Letter No. 2, supra note 36. were POTs. The NYSE asserted that this data all the other regional exchanges when viewed in 69 See letter from Robert Jennings, Faculty Fellow evidenced that the CSE is being used by its conjunction with the lower rates at which the and Professor of Finance, Indiana University School members as a printing mechanism for their own regional exchanges quote at the ITS/BBO. The CSE of Business, to Jonathan Katz, Secretary, SEC, dated pre-arranged trades. also maintained that preferencing dealers executed June 30, 1995; and letter from Robert Battalio, 57 The NYSE reported that, as a percentage of total almost half of all ITS inbound activity in those Assistant Professor, University of Notre Dame, to trades, ITS inbound trades were 5.8% for stocks issues that have at least one preferencing dealer, Jonathan G. Katz, Secretary, SEC, dated March 6, with one preferencing dealer, 3.8% for stocks with and that preferencing dealers’ ITS/total trade ratio 1996. two preferencing dealers, and 2.5% for stocks with of 3.5% compared favorably to the NYSE’s ITS/total 70 The liquidity premium measures the closeness three preferencing dealers. In contrast, the NYSE trade ratio of 2.8%. of transaction prices to the mid-point of the reported that in stocks with both preferencing and 63 See CSE Letter No. 5, supra note 36 (data from quotation spread. Thus, a decrease in the liquidity non-preferencing dealers ITS inbound trades were fourth quarter 1995). The CSE reported that in the premium indicates that transaction prices have 7.7% of total trades. The NYSE also asserted that first quarter of 1995 73% of the CSE quotes matched moved closer to the mid-point of the spread. a single non-preferencing CSE dealer had more ITS at least one side of the ITS/BBO. See CSE Letter No. 71 Although the IU Study found that spreads and inbound activity than the combined total of the 9 4, supra note 36. liquidity premiums decreased, because of the long preferencing dealers during the week studied. See 64 See CSE Letters No. 4 and 5, supra note 36. time intervals involved, the study noted that it NYSE Letter No. 2, supra note 29. 65 See NYSE Letter No. 1, supra note 29; BSE could not rule out a general decreasing trend in 58 See BSE Letter, supra note 30. Letter, supra note 30; Amex Letter, supra note 31; these measures. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15327 that to the extent that retail brokers V. Commission Data own data collection and examination, internalizing trades reduce (or even As discussed above, the Commission the Commission believes that the DPP eliminate) commissions, investor received substantial data from also has improved CSE quotations, and welfare is improved. commenters and the CSE. The various has added to the depth and liquidity of In this regard, the CSE asserted that studies result in differing conclusions the CSE market. In addition, the its efficient electronic environment, regarding the quality of executions Commission believes that the DPP, as coupled with the ability of member achieved on the CSE by preferencing supplemented by the adoption of firms to become specialists in a larger policies related to the handling of dealers, as well as the quality of the CSE number of desirable stocks than is customer orders, is not necessarily market. In response to the differing feasible on other exchanges, results in inconsistent with best execution of assertions made by the commenters and cost efficiencies that flow through to customer orders. For these reasons, the CSE, the Commission’s Office of customers.72 Some commenters, discussed more fully below, the Economic Analysis (‘‘OEA’’) evaluated however, maintained that there is no Commission believes that the proposed CSE quotations and transactions. In evidence to indicate that the purported rule change, as amended, is consistent considering the CSE trade and quotation efficiencies from internalization are with the requirements of the Act and the data, the OEA distinguished between passed along to the CSE dealers’ rules and regulations thereunder the trading activity of preferencing customers.73 applicable to a national securities versus non-preferencing dealers. exchange. In particular, the Commission C. Order Handling Policies for During the period considered, believes that the proposal is consistent Preferencing Dealers preferencing dealers accounted for more with Section 6(b)(5) of the Act,76 which As described above, the CSE also than 90% of trades and two-thirds of requires, among other things, that the proposed policies regarding order share volume on the CSE. The 281 rules of an exchange be designed to exposure and limit order protection for stocks where preferencing dealers promote just and equitable principles of preferencing dealers. The NYSE accounted for 80% to 99% of total CSE trade and to perfect the mechanism of criticized the order exposure portion of trades were the most actively traded a free and open market and a national the proposed order handling policies, stocks on the CSE. market system and to protect investors and stated that these policies will not The data analyzed by the OEA also and the public interest. The DPP, as provide meaningful benefits to investors showed that CSE preferencing dealers amended, also is consistent with or to the market in general. Specifically, often matched the NYSE BBO, and that Section 11A of the Act,77 which the NYSE maintained that the proposed the percentage of time that the CSE generally promotes, among other things, order exposure requirement will affect quotes matched those on the NYSE was the development of a national market as few as 8% of preferenced orders.74 greatest for those stocks in which system for securities to assure The NYSE further asserted that, while preferencing takes place. Specifically, economically efficient execution of some customer orders may receive price for the 281 stocks in which preferencing securities transactions and fair improvement as a result of the policy, dealers accounted for 80% to 99% of competition among brokers and dealers, preferencing dealers will continue to total CSE trades, the CSE quote on among exchange markets and markets have an opportunity to trade against the average matched the NYSE best bid other than exchange markets. order at the improved price, negating approximately 54% of the time and the The Commission supports efforts by the opportunity for two customer orders NYSE best offer nearly 61% of the time. exchanges to provide increased liquidity to meet without dealer intervention. The When matching at least one side of the and competition on their trading floors NYSE also asserted that even if CSE ITS/BBO, the CSE’s quotation depth in or trading systems. Such efforts can dealers expose orders for 30 seconds, these 281 stocks averaged over 720 enhance market quality and enable the short duration of the exposure is shares. For all quotes in the 281 stocks, exchanges to compete more effectively unlikely to provide other market the CSE quotation depth averaged close for order flow. The CSE’s preferencing participants sufficient time to trade with to 900 shares. program was designed to attract more those orders.75 VI. Discussion market making and order flow to the Exchange, and it is apparent from the 72 See CSE Letter No. 1, supra note 36. The Commission has considered data that the DPP has led to a 73 See NYSE Letter No. 2, supra note 29; and BSE carefully the issues presented by the substantial increase in the CSE’s trading Letter, supra note 30. The Specialist Association CSE’s preferencing program, including 78 cites to a draft article by professors Huang and Stoll volume. At the same time, the of the Owen Graduate School of Management that its potential effects on the execution of Commission has been very concerned concludes that internalization and preferencing in customer orders, competition between about the market structure issues the over-the-counter market limit the incentive of markets, and CSE market quality. In presented by internalization of order market participants to narrow spreads, with the particular, the Commission considered result that Nasdaq execution costs are twice NYSE flow and its potential effect on the costs. The Specialist Association concludes that the carefully the commenters’ concerns handling of customer orders and the same result occurs on the CSE. See Specialist regarding the alteration of time priority, ability of broker-dealers to fulfil their Association Letter 2, supra note 32 (citing Huang the lack of order interaction on the CSE, duty to seek best execution of customer and Stoll, Dealer Auction Markets: A Pencil and the impact on public customers and Comparison of Execution Costs on NASDAQ and orders. Accordingly, in scrutinizing the the NYSE (June 6, 1995) (draft article)). the quality of the CSE market. Similarly, CSE’s preferencing pilot, including the 74 The NYSE states that only approximately 15% the Commission has reviewed the CSE’s numerous comment letters, the of preferenced trades occur in markets with a findings that the DPP has increased the Commission has considered, among quotation spread that is greater than the minimum CSE’s market share without affecting the variation, and that according to the CSE, dealers other things, preferencing’s effect on already trade between the ITS/BBO 55% of the quality of its markets or execution of achievement of economically efficient time. Thus, NYSE concludes that the order customer orders. execution of securities transactions, fair exposure rule would apply to only 8% of the order The DPP has proven to be a competition among brokers and dealers handled by preferencing dealers. See NYSE Letter competitive benefit to the CSE. In No. 3, Supra note 29. 75 The NYSE believes that the 30 seconds addition, after analyzing substantial 76 15 U.S.C. § 78f(b). mandated for order exposure could lead to an data provided by the CSE and 77 15 U.S.C. § 78k–1. increase in the CSE’s ITS cancellation rate. Id. commenters, as well as conducting its 78 See CSE Letters, supra note 36. 15328 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices and among exchange markets, as well as limit orders in a timely manner relative immediately execute market orders at an the practicability of brokers executing to executions on the primary market.82 improved price, or expose the orders to investors’ orders in the best market. The Commission believes that these other market participants for an Although preferencing enables CSE limit order policies should promote opportunity for price improvement.85 dealers to internalize order flow, the order interaction on the CSE through Accordingly, these market orders cannot CSE’s unique system is not necessarily improved quotations and increased be internalized by a CSE dealer without inconsistent with a broker-dealer’s duty volume on the Exchange’s central limit first receiving an improved price or the to seek best execution of customer order book, as well as add to the quality opportunity for price improvement. orders.79 Dealers preference their of information displayed to the national Although the data indicates that the customer order flow on the CSE by market system. The Commission notes, quality CSE preferencing dealers’ matching themselves with a customer however, that the limit order display market making is presently comparable order and sending a paired trade priced policy permits a CSE dealer to display to other markets, the Commission at or between the ITS/BBO to NSTS for orders in his or her quotes, rather than recognizes that this quality relative to execution. Upon receiving the paired placing a customer limit order in NSTS other markets may change over time. order, NSTS replaces the preferencing where it would have the opportunity to The Commission will periodically dealer’s side of the trade if there are any interact with customer orders from other review the practices of broker-dealers public agency orders at the same price CSE dealers. The holding of customer that internalize order flow through the on the CSE’s central limit order book. If limit orders that are routed to a CSE CSE’s preferencing program. If a there are no such public agency orders, dealer for execution on the Exchange deterioration in the performance of the paired trade is executed, regardless outside of the NSTS system raises preferencing dealers were evident, the of dealer quotes resident in the system. concerns regarding whether such order Commission would consider whether In this manner, the preferencing handling practices are consistent with a the CSE would need to reinstitute time program protects customer limit orders CSE dealer’s best execution obligations. priority between dealer quotes on the entered into NSTS while permitting A CSE dealer that chooses to represent CSE, or take other actions to improve broker-dealers to retain their own a customer limit order in his or her the quality of market making on the customer order flow where those orders dealer quote instead of on the CSE’s CSE. would have otherwise been executed by central limit order book must ensure Furthermore, while the CSE’s order another broker-dealer. Accordingly, that the customer is not disadvantaged handling policies and the data described preferencing alters the pre-existing CSE as a result of that decision. Representing in this order lead us to conclude that time priority rule that determines which a limit order in his or her quote, rather preferencing on the CSE is not broker-dealer is entitled to execute a than placing a limit order in the NSTS necessarily inconsistent with a broker- customer order in favor of the broker- system where it can be matched with dealer’s duty to seek best execution, the Commission recognizes that CSE dealer that brought the order flow to the customer orders from other CSE dealers, execution quality is, nevertheless, in CSE. places an obligation on the CSE dealer Several commenters express concern, large part dependent on the diligence of to monitor executions on the CSE to however, that the ability of dealers to CSE members in handling customer ensure that the limit order receives an maintain and execute their order flow orders. While this is true of all markets, appropriate execution. without interruption from other it is of particular significance in markets While preferencing, and the resulting professionals trading on the CSE where dealers execute customer orders internalization of order flow by broker- provides an incentive for dealers to as principal. It is therefore incumbent dealers, may reduce order interaction on delay sending limit orders to the on the CSE, 86 as well as the the CSE, preferencing does not inhibit Exchange until they are marketable,80 Commission in its oversight capacity, to dealers from executing customer orders and that all orders on the CSE are ensure that CSE members provide best between the ITS/BBO spread, nor from thereby deprived of the benefits execution of customer orders. executing customer buy orders at the accruing from order interaction. In this In this regard, the Commission’s ITS best bid and sell orders at the ITS regard, the Exchange is adopting recent order routing disclosure best offer. In this regard, the CSE policies for the display and timely requirements 87 and its proposed order reported that CSE executions in greater execution of limit orders held by handling rules 88 signal a renewed than minimum variation markets preferencing dealers. Under the policies, emphasis on the important of price receive price improvement at a rate that a preferencing dealer will be required to improvement opportunities in is comparable to that of the NYSE.83 display limit orders he or she represents connection with the duty to seek best Moreover, the CSE is adopting an order as agent priced at or better than the ITS/ execution. As the Commission has handling policy designed to give market BBO on the CSE 81 and to execute such noted, while an automated order routing orders an opportunity for price environment is not necessarily 79 See Securities Exchange Act Release No. 28866, improvement through exposure on the inconsistent with the achievement of supra note 5. The CSE’s NSTS system was designed CSE and to the national market best executive, broker-dealers choosing to centralize the trading interest of geographically system.84 Under this policy, in greater where to automatically route orders dispersed dealers by consolidating and than minimum variation markets, disseminating the dealers’ quotations, and must assess periodically the quality of providing a central limit order book for orders preferencing dealers will be required to entered by the multiple dealers. Thus, the NSTS 85 Any preferencing dealer that failed to expose system provides a central location for CSE dealers orders in their CSE quotes or placing the orders on market orders as required by the policy would to interact in a manner similar to a traditional the CSE’s central limit order book. violate CSE rules and would be subject to exchange trading floor. Preferencing, however, 82 Any preferencing dealer that failed to display disciplinary action by the Exchange. suspends time priority between professional trading limit orders or provide timely executions as 86 At a minimum, the Commission would expect interest so that the multiple CSE dealers can required by these policies would violate CSE rules the CSE, as with any self-regulatory organization, to execute their own customer orders without and would violate CSE rules and would be subject conduct regular, comprehensive surveillance of the interruption by other dealers and is more akin to to disciplinary action by the Exchange. execution quality provided by its members. trading in the over-the-counter markets. 83 See CSE Letters Nos. 3, 4, and 5, supra note 36. 87 See Securities Exchange Act Release No. 34902, 80 See supra note 44. 84 Market orders exposed on the CSE will also be supra note 15. 81 As described above, see id., CSE dealers may exposed to the national market system through the 88 See Securities Exchange Act Release No. 36310, display limit orders by either representing the CSE’s consolidated quote. supra note 16. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15329 competing markets to assure that order competitive quotations that add Commission believes it is appropriate at flow is directed to markets providing liquidity to the national market. this time to remove this restriction. the most advantageous terms for their Several commenters asserted that CSE The Commission also is approving the customers’ orders.89 Consequently, a quotations at the ITS/BBO do not add DPP without the restriction on the broker-dealer may not simply employ depth and liquidity to the national number of stocks in which a single CSE default order routing to an affiliated CSE market because they change too quickly dealer is permitted to register. These dealer without undertaking such an for other market participants to react. restrictions were necessary to limit the evaluation on an ongoing basis. A The data regarding CSE quotations was scope of the pilot program so that the broker-dealer sending orders to the CSE analyzed by the OEA on a time- CSE and Commission could evaluate the must satisfy itself that its routing weighted basis, so that, unlike the effects of preferencing. The Commission decision is consistent with its best figures provided by the commenters and has completed such an evaluation and execution obligations, irrespective of the the CSE, the results took into finds no reason to continue the firm’s desire to internalize order flow consideration whether the quotes at the restriction. through an affiliated CSE preferecing NYSE BBO were short in duration VII. Conclusion dealer. To reach this conclusion, the relative to quotes outside of the NYSE broker-dealer must rigorously and BBO. The resulting figures that CSE The Commission believes it is regularly examine the executions likely dealers match at least one side of the consistent with the Act to approve the to be obtained for customer orders in the NYSE BBO between 54% and 61% of CSE’s dealer preferencing program, as different markets trading the security, in the time in the 281 securities, therefore, amended, on a permanent basis. In addition to any other relevant indicate that CSE quotes are often making this determination, the considerations in routing customer maintained at the NYSE BBO. Commission has carefully evaluated the orders. The Commission believes that the data provided by the CSE and The Commission also has considered CSE’s proposed limit order display commenters, as well as data collected by carefully the commenters’ concerns policy could further add to the depth the Commission. The Commission has regarding the quality of the CSE’s and liquidity of the CSE market. As concluded that preferencing, as market, and whether preferencing has discussed above, under the policy, CSE supplemented by the order handling added depth and liquidity to the CSE dealers will be required to display limit policies, is not necessarily inconsistent orders priced at or better than the ITS/ market, and improved quotations.90 In with the attainment of best execution of BBO. Whether represented in the this respect, the Commission first customer orders, the maintenance of fair dealer’s quote or placed on the considered data provided by the CSE and orderly markets, or the protection of Exchange’s central limit order book, and commenters. In light of the investors and the public interest under these orders will be included in the CSE conflicting results from the two groups Section 6(b)(5) of the Act. In addition, consolidated quote and disseminated to of data, the Commission collected the Commission believes approval of the the national market system. The additional data on its own. Overall the DPP, as amended, also is consistent Commission recently recognized that data indicates that preferencing dealers with Section 11A of the Act, the display of limit orders could have added depth and liquidity to the particularly considering the order produce, among other benefits, spreads CSE market. Specifically, data indicated handling policies being adopted herein. that more fully represent buying and that, for the 281 stocks in which Moreover, to the extent that selling interest in the market and preferencing does not have the effect of preferencing dealers accounted for 80% enhance an investor’s ability to monitor to 99% of total CSE quote on average increasing order interaction, it fulfills execution quality.92 This, in turn, the other national market system goals matched the NYSE best bid should increase competition among approximately 54% of the time and the of Section 11A(a)(1)(C) of the Act, such dealers based on their respective as furthering competition among brokers NYSE best offer nearly 61% of the time, quotations. with an average depth of over 720 and dealers, among exchange markets Finally, the Commission believes it is and markets other than exchange shares. This compares favorably to the consistent with the Act for the CSE to markets. data for other regional exchanges remove the restriction placed on the provided by the CSE.91 Finally, for the Nevertheless, Commission approval of DPP during the pilot prohibiting the CSE’s preferencing program is not a 114 stocks traded on the CSE for which preferencing dealers from making cash there are only preferencing dealers, the determination by the Commission that payments for order flow. The mere default routing by a firm to its depth of CSE quotes matching at least Commission believed that a limitation one side of the NYSE BBO nearly 500 affiliated preferencing dealer is on the inducements for preferencing consistent with a firm’s best execution shares. This data indicates that order flow was necessary until the preferencing dealers are providing obligations. A broker-dealer associated Commission had an opportunity to with a preferencing dealer must still assess the effects of the DPP pilot. As ensure that its order routing decisions 89 Id. The Commission also noted that the discussed above, the Commission has availability of sophisticated order handling systems and the preferencing dealer’s order has made it possible for some broker-dealers and assessed the preferencing pilot and handling practices on the CSE (even if market centers to provide an opportunity for price determined that it is not inconsistent in technical compliance with the CSE’s improvement for their customer orders. The use of with the Act, nor necessarily, a broker- order handling requirements) are these efficient routing and execution facilities by dealer’s obligation to seek best firms and exchanges suggests that price consistent with the firm’s best execution improvement procedures and other best execution execution. Moreover, lifting the obligations and assess periodically the safeguards in an automated environment are payment for order flow restriction on quality of competing markets to assure increasingly practicable and are setting new CSE preferencing dealers will place that order flow is directed to markets standards for the industry. See also Division of them in the same position as the CSE’s Market Regulation, SEC, Market 2000: An providing the most advantageous terms Examination of Current Equity Market other members. Accordingly, the for its customers’ orders. Developments, (January 1994), at Study V. 90 See supra note 52 and accompanying text. 92 See Securities Exchange Act Release No. 36310, 91 See CSE Letter No. 1, supra note 36. supra note 16. 15330 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

It is therefore ordered, pursuant to and (C) below, of the most significant agency or for which it is responsible and Section 19(b)(2) of the Act,93 that the aspects of such statements.2 does not significantly affect the proposed rule change (SR–CSE–95–03), respective rights or obligations of the (A) Self-Regulatory Organization’s as amended, is approved. clearing agency or persons using the Statement of the Purpose of, and By the Commission. service. At any time within sixty days Statutory Basis for, the Proposed Rule Margaret H. McFarland, Change of the filing of the proposed rule change, Deputy Secretary. the Commission may summarily Through its repo clearing system, [FR Doc. 96–8397 Filed 4–4–96; 8:45 am] abrogate such rule change if it appears DGOC clears repos and reverse repos to the Commission that such action is BILLING CODE 8010±01±M that have been agreed to by DGOC necessary or appropriate in the public participants through the facilities of interest, for the protection of investors, interdealer brokers that have been or otherwise in furtherance of the [Release No. 34±37042; File No. SR±DGOC± specially authorized by DGOC purposes of the Act. 96±04] (‘‘authorized brokers’’) to offer their services to DGOC participants.3 IV. Solicitation of Comments Self-Regulatory Organizations; Delta Currently, Liberty Brokerage, Inc., RMJ Interested persons are invited to Government Options Corp.; Notice of Special Brokerage Inc., and Euro submit written data, views, and Filing and Immediate Effectiveness of Brokers Maxcor Inc. are authorized arguments concerning the foregoing. a Proposed Rule Change Relating to brokers.4 The purpose of the proposed Persons making written submissions the Addition of Prebon Securities rule change is to accommodate Prebon should file six copies thereof with the (USA) Inc. as an Interdealer Broker for as an authorized broker in DGOC’s Secretary, Securities and Exchange Delta Government Options Corp.'s clearance and settlement system for Commission, 450 Fifth Street, N.W., Repurchase Agreement Clearance repo trades. Washington, D.C. 20549. Copies of the System The proposed rule change will submission, all subsequent facilitate the prompt and accurate March 29, 1996. amendments, all written statements clearance and settlement of securities with respect to the proposed rule Pursuant to section 19(b)(1) of the transactions, and therefore, the change that are filed with the Securities Exchange Act of 1934 proposed rule change is consistent with Commission, and all written (‘‘Act’’),1 notice is hereby given that on the requirements of the Act, specifically communication relating to the proposed March 8, 1996, Delta Government section 17A of the Act, and the rules rule change between the Commission 5 Options Corp. (‘‘DGOC’’) filed with the and regulations thereunder. and any person, other than those that Securities and Exchange Commission (B) Self-Regulatory Organization’s may be withheld from the public in (‘‘Commission’’) the proposed rule Statement on Burden on Competition accordance with the provisions of 5 change as described in Items I, II, and DGOC does not believe that the U.S.C. 552, will be available for III below, which items have been inspection and copying in the prepared primarily by DGOC. The proposed rule change will impose any burden on competition that is not Commission’s Public Reference Section, Commission is publishing this notice to 450 Fifth Street, N.W., Washington, D.C. solicit comments on the proposed rule necessary or appropriate in furtherance of the purposes of the Act. 20549. Copies of such filing also will be change from interested persons. available for inspection and copying at (C) Self-Regulatory Organization’s I. Self-Regulatory Organization’s DGOC. All submissions should refer to Statement on Comments on the Statement of the Terms of Substance of File No. SR–DGOC–96–04 and should Proposed Rule Change Received from the Proposed Rule Change be submitted by April 26, 1996. Members, Participants or Others. For the Commission by the Division of The purpose of the proposed rule Comments were neither solicited nor Market Regulation, pursuant to delegated change is to accommodate Prebon received. authority.8 Securities (USA) Inc. (‘‘Prebon’’) as an III. Date of Effectiveness of the Margaret H. McFarland, interdealer broker in DGOC’s over-the- Proposed Rule Change and Timing for Deputy Secretary. counter clearance and settlement system Commission Action [FR Doc. 96–8396 Filed 4–4–96; 8:45 am] for repurchase agreement and reverse BILLING CODE 8010±01±M repurchase agreement transactions The foregoing rule change has become involving U.S. Treasury securities. effective pursuant to Section 19(b)(3)(A)(iii) of the Act 6 and Rule II. Self-Regulatory Organization’s 19b–4(e)(4) thereunder,7 in that the SMALL BUSINESS ADMINISTRATION Statement of the Purpose of, and proposal effects a change in an existing [License No. 03/03±0202] Statutory Basis for, the Proposed Rule service of a registered clearing agency Change that does not adversely affect the Notice of Issuance of a Small Business Investment Company License In its filing with the Commission, safeguarding of securities or funds in the custody or control of the clearing DGOC included statements concerning On January 26, 1996, a notice was the purpose of and basis for the published in the Federal Register (61 2 The Commission has modified parts of these proposed rule change and discussed any statements. FR 2565) stating that an application had comments it received on the proposed 3 For a complete description of the DGOC’s repo been filed by Mellon Ventures, L.P., One rule change. The text of these statements clearance system, see Securities Exchange Act Mellon Bank Center, Room 151–3200, may be examined at the places specified Release No. 36367 (October 13, 1995), 60 FR 54095. Pittsburgh, Pennsylvania 15258 with the in Item IV below. DGOC has prepared 4 Securities Exchange Act Release Nos. 36367 Small Business Administration (SBA) (October 13, 1994), 60 FR 54095; and 36901 summaries, set forth in sections (A), (B), (February 28, 1996), 61 FR 8991. pursuant to Section 107.102 of the 5 15 U.S.C. 78q–1 (1988). Regulations governing small business 93 15 U.S.C. 78s(b)(2). 6 15 U.S.C. 78s(b)(3)(A)(iii) (1988). 1 15 U.S.C. 78s(b)(1) (1988). 7 17 CFR 240.19b 4(e)(4) (1995). 8 17 CFR 200.30–3(a)(12) (1995). Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15331 investment companies (13 C.F.R. R. Green will manage the fund. The In addition to your comments on the 107.102 (1995)) for a license to operate capital of the Licensee is owned initially accuracy of the agency’s burden as a small business investment by Wells Fargo Equity Capital, Inc. With estimate, we are soliciting comments on company. the exception of this entity, no one the need for the information; its Interested parties were given until investor is expected to own more than practical utility; ways to enhance its close of business February 10, 1996 to 10% of the equity ownership. quality, utility and clarity; and on ways submit their comments to SBA. No (Catalog of Federal Domestic Assistance to minimize burden on respondents, comments were received. Notice is Program No. 59.011, Small Business including the use of automated hereby given that, pursuant to Section Investment Companies) collection techniques or other forms of 301(c) of the Small Business Investment Dated: March 18, 1996. information technology. Act of 1958, as amended, after having Don A. Christensen, Dated: March 27, 1996. considered the application and all other Associate Administrator for Investment. Charlotte Whitenight, pertinent information, SBA issued License No. 03/03–0202 on March 12, [FR Doc. 96–8421 Filed 4–4–96; 8:45 am] Reports Clearance Officer, Social Security Administration. 1996 to Mellon Ventures, L.P. to operate BILLING CODE 8025±01±P as a small business investment [FR Doc. 96–8197 Filed 4–4–96; 8:45 am] company. BILLING CODE 4190±29±P The Licensee has initial private SOCIAL SECURITY ADMINISTRATION capital of $2.5 million, and Mr. Lawrence E. Mock, Jr. will manage the Agency Information Collection DEPARTMENT OF TRANSPORTATION fund. The capital of the Licensee is Activities: Proposed Collection owned initially by Mellon Bank, N.A. Request Federal Aviation Administration With the exception of this entity, no one Normally on Fridays, the Social Proposed Airspace Reclassification in investor is expected to own more than Security Administration publishes a list the Vicinity of Bellingham, WA, in 10% of the partnership. of information collection packages that Support of Transport Canada Terminal (Catalog of Federal Domestic Assistance will require submission to the Office of Airspace Design; Public Meeting Program No. 59.011, Small Business Management and Budget (OMB) for Investment Companies) clearance in compliance with P.L. 104– AGENCY: Federal Aviation Dated: March 18, 1996. 13 effective October 1, 1995, The Administration (FAA), DOT. Don A. Christensen, Paperwork Reduction Act of 1995. Since ACTION: Notice of Public meeting. the last list was published in the Associate Administrator for Investment. SUMMARY: This notice announces an Federal Register on March 29, 1996, the [FR Doc. 96–8422 Filed 4–4–96; 8:45 am] informal airspace meeting to discuss a information collections listed below BILLING CODE 8025±01±P request from Transport Canada (TC) that have been proposed or will require the FAA reclassify United States extension of the current OMB approvals: [License No. 09/09±0405] airspace in the vicinity of the San Juan (Call the SSA Reports Clearance Officer on Islands and Bellingham, WA, in support Notice of Issuance of a Small Business (410) 965–4142 for a copy of the form(s) or of the Vancouver International Airport package(s), or write to her at the address terminal airspace design. The purpose Investment Company License listed below the information collections.) of the meeting is to discuss TC’s request On January 26, 1996, a notice was Videoconference Evaluation and FAA considerations regarding the published in the Federal Register (61 Recontact Survey—0960–NEW. The safety of air traffic in the affected FR 2564) stating that an application had purpose of the survey is to obtain public airspace. Additionally, the FAA plans to been filed by Wells Fargo Small reaction to conducting business using give interested persons the opportunity Business Investment Company, Inc., videoconferencing technology. The to present views, recommendations, and One Montgomery Street, West Tower, information will be used by the Social comments concerning TC’s request. Suite 2530, San Francisco, California Security Administration to determine DATES: The meeting will be held on 94104, with the Small Business the effectiveness of using Monday, May 6, 1996, from 7:00 p.m. to Administration (SBA) pursuant to videoconferencing for conducting 10:00 p.m. Section 107.102 of the Regulations claims and hearing interviews. The ADDRESSES: The meeting will be held at governing small business investment respondents are applicants for Social the Friday Harbor High School companies (13 CFR 107.102 (1995)) for Security disability benefits and (Cafeteria), 45 Blair Street, Friday a license to operate as a small business Supplemental Security Income Harbor, WA. investment company. disability benefits. Interested parties were given until Number of Respondents: 400. FOR FURTHER INFORMATION CONTACT: close of business February 10, 1996 to Frequency of Response: 1. Melodie DeMarr, Air Traffic Division, submit their comments to SBA. No Average Burden Per Response: 15 ANM–530, Northwest Mountain comments were received. Notice is minutes. Regional Office, telephone: (206) 227– hereby given that, pursuant to Section Estimated Annual Burden: 100 hours. 2547, fax: (206) 227–1534. 301(c) of the Small Business Investment Written comments and SUPPLEMENTARY INFORMATION: Act of 1958, as amended, after having recommendations regarding this considered the application and all other information collection should be sent Background pertinent information, SBA issued within 60 days from the date of this On September 2, 1993, TC requested License No. 09/09–0405 on March 12, publication, directly to the SSA Reports that the FAA take action to redesignate 1996, to Wells Fargo Small Business Clearance Officer at the following the Lower Mainland Airspace between Investment Company, Inc. to operate as address: Social Security Administration, Vancouver and Seattle to complement a small business investment company. DCFAM, Attn: Charlotte S. Whitenight, the adjacent Canadian airspace. TC The Licensee has initial private 6401 Security Blvd., 1–A–21 Operations requested that the airspace be capital of $5 million, and Mr. Richard Bldg., Baltimore, MD 21235. reclassified in time to coincide with the 15332 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices opening of the new parallel Runway (6) Position papers or material City, MO 65102, Telephone Number 08L–26R at Vancouver International. presenting views or information relating (573) 636–7104; or Fred Martin, Plans On March 22, 1995, the FAA to the substance of the meeting will be Scoping Engineer, Missouri Highway published Notices of Public Meetings to accepted at the discretion of the and Transportation Department, P.O. announce two informal airspace presiding officer and subsequently Box 270, Jefferson City, MO 65102, meetings to solicit information, from placed in the public docket. The FAA Telephone Number (573) 751–2876. airspace users and others, concerning requests that persons participating in SUPPLEMENTARY INFORMATION: The the TC request to reclassify U.S. the meeting provide three copies of all FHWA in cooperation with the Missouri airspace in the vicinity of the San Juan materials to be presented for Highway and Transportation Islands and Bellingham, WA, as Class C distribution to the panel members; other Department (MHTD), will prepare an airspace (60 FR 15172). The informal copies may be provided to the audience environmental impact statement (EIS) airspace meetings were held on May 9– at the discretion of the participant. on a proposal to upgrade U.S. Route 63 10, 1995. Over 300 comments were (7) Statements made by members of from north of Rolla, near the Phelps/ received opposing the proposal. After a the meeting panel are intended to Maries County line, south to review of the comments and facilitate discussion of the issues or to approximately the intersection of U.S. consultation with TC’s user community, clarify issues. Any statement made Route 63 and Route W near the city of the FAA suggested that the airspace during the meeting by a member of the Vida. The corridor is approximately request be modified. TC has now panel is not intended to be, and should 19.3 km (12.0 miles) in length. The modified its original request. not be construed as, a position of the improvements are considered necessary Specifically, the request is for the FAA FAA. to provide for the existing and projected to consider adopting Class C airspace in (8) The meeting is designed to solicit traffic demand. the vicinity of Bellingham, WA, to public views and more complete support the new Vancouver-Victoria information on the subject airspace Alternatives under consideration terminal airspace design adjacent to issue. Therefore, the meeting will be include (1) The no build option, (2) U.S. airspace from 2,500 feet MSL to conducted in an informal and improving existing U.S. Route 63, (3) a 12,500 feet MSL within a 16-nautical- nonadversarial manner. No individual combination of improving U.S. 63 north mile arc of the Vancouver VOR; and the will be subject to cross-examination by of Rolla and improving Interstate 44, (4) Abbotsford British Columbia Approach any other participant; however, panel constructing a bypass east or west of area to become Class D airspace from members may ask questions to clarify a Rolla, and (5) transportation system above 1,500 feet MSL to 2,500 feet MSL statement and to ensure a complete and management (TSM) improvements. and Class C airspace from above 2,500 accurate record. Preliminary information has been feet MSL to 12,500 feet MSL. This (9) The meeting will not be formally issued to local officials and other modified request will be discussed at recorded. However, a summary of the interested parties at a prelocation this public meeting. comments made at this meeting will be meeting held on February 27, 1996 in filed in the docket. Rolla. The scoping process has been Meeting Procedures initiated with Federal, State, and local The following procedures are Agenda for Each Meeting government officials at a meeting on established to facilitate the meeting: —Opening Remarks and Discussion of March 7, 1996. To ensure that the full (1) There will be no admission fee or Meeting Procedures range of issues related to this proposed other charge to attend or to participate —Briefing on Background for TC action are addressed and all significant in the meeting. The meeting will be Request and Subsequent FAA issues are identified, comments and open to all persons subject to Findings suggestions are invited from all availability of space in the meeting —Public Presentations interested parties. Comments and room. Those who would like to present —Closing Comments questions concerning this proposed statements should register with Melodie Issued in Washington, DC, on March 29, action and the EIS should be directed to DeMarr at least 30 minutes prior to the 1996. the FHWA or to the MHTD at the beginning of the public meeting. Nancy B. Kalinowski, addresses provided above. (2) The meeting may adjourn early if Acting Manager, Airspace-Rules and Issued on: March 28, 1996. scheduled speakers complete their Aeronautical Information Division. statements in less time than currently is Donald L. Neumann, [FR Doc. 96–8503 Filed 4–4–96; 8:45 am] Programs Engineer, Jefferson City, Missouri. scheduled for the meeting. BILLING CODE 4910±13±P (3) An individual, whether speaking [FR Doc. 96–8391 Filed 4–4–96; 8:45 am] in a personal or a representative BILLING CODE 4910±22±M capacity on behalf of an organization, Federal Highway Administration may be limited to a 10-minute statement. If possible, we will notify the Environmental Impact Statement: National Highway Traffic Safety speaker if additional time is available. Phelps County, Missouri Administration (4) The FAA will try to accommodate all speakers. If the available time does AGENCY: Federal Highway [Docket No. 96±028; Notice 1] not permit this, speakers generally will Administration (FHWA), DOT. be scheduled on a first-come, first- SUMMARY: The FHWA is issuing this Notice of Receipt of Petition for served basis. However, the FAA reserves notice to advise the public that an Decision That Nonconforming 1988 the right to exclude some speakers, if environmental impact statement will be Nissan 240SX Passenger Cars Are necessary, to present a balance of prepared for a proposed highway project Eligible for Importation viewpoints and issues. in Southeast Central, Missouri. (5) Representatives of the FAA will FOR FURTHER INFORMATION CONTACT: AGENCY: National Highway Traffic preside over the meeting. A panel of Donald Neumann, Programs Engineer, Safety Administration, DOT. FAA personnel involved in this issue Federal Highway Administration, ACTION: Notice of receipt of petition for will be present. Division Office, P.O. Box 1787, Jefferson decision that nonconforming 1988 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15333

Nissan 240SX passenger cars are eligible for importation. The agency then appropriate symbols on the brake for importation. publishes this decision in the Federal failure, parking brake, and seat belt Register. warning lamps; (b) installation of a U.S.- SUMMARY: This notice announces receipt Pierre Enterprises Southeast Inc. of model speedometer/odometer, by the National Highway Traffic Safety Fort Pierce, Florida (‘‘Pierre’’) calibrated in miles per hour. Administration (NHTSA) of a petition (Registered Importer 96–098) has Standard No. 108 Lamps, Reflective for a decision that a 1988 Nissan 240SX petitioned NHTSA to decide whether Devices and Associated Equipment: (a) that was not originally manufactured to 1988 Nissan 240SX passenger cars are installation of U.S.-model headlamp comply with all applicable Federal eligible for importation into the United assemblies which incorporate sealed motor vehicle safety standards is States. The vehicle which Pierre beam headlamps and sidemarkers; (b) eligible for importation into the United believes is substantially similar is the installation of U.S.-model taillamps; (c) States because (1) it is substantially 1988 Nissan 240SX that was installation of a high mounted stop similar to a vehicle that was originally manufactured for importation into, and lamp. manufactured for importation into and sale in, the United States and certified sale in the United States and that was by its manufacturer as conforming to all Standard No. 110 Tire Selection and certified by its manufacturer as applicable Federal motor vehicle safety Rims: installation of a tire information complying with the safety standards, standards. placard. and (2) it is capable of being readily The petitioner claims that it carefully Standard No. 114 Theft Protection: altered to conform to the standards. compared the non-U.S. certified 1988 installation of a warning buzzer in the DATES: The closing date for comments Nissan 240SX to its U.S. certified steering lock electrical circuit. on the petition is May 6, 1996. counterpart, and found the two vehicles Standard No. 115 Vehicle ADDRESSES: Comments should refer to to be substantially similar with respect Identification Number: installation of a the docket number and notice number, to compliance with most Federal motor VIN plate that can be read from outside and be submitted to: Docket Section, vehicle safety standards. the left windshield pillar, and a VIN Room 5109, National Highway Traffic Pierre submitted information with its reference label on the edge of the door Safety Administration, 400 Seventh St., petition intended to demonstrate that or latch post nearest the driver. SW, Washington, DC 20590. [Docket the non-U.S. certified 1988 Nissan Standard No. 208 Occupant Crash hours are from 9:30 am to 4 pm] 240SX, as originally manufactured, Protection: installation of a seat belt conforms to many Federal motor vehicle FOR FURTHER INFORMATION CONTACT: warning buzzer. The petitioner states safety standards in the same manner as that the vehicle is equipped with seat George Entwistle, Office of Vehicle its U.S. certified counterpart, or is belt assemblies that are identical to Safety Compliance, NHTSA (202) 366– capable of being readily altered to those found on its U.S. certified 5306. conform to those standards. counterpart. SUPPLEMENTARY INFORMATION: Specifically, the petitioner claims that the non-U.S. certified 1988 Nissan Standard No. 214 Side Impact Background 240SX is identical to its U.S. certified Protection: installation of reinforcing Under 49 U.S.C. 30141(a)(1)(A) counterpart with respect to compliance bars. (formerly section 108(c)(3)(A)(i)(I) of the with Standards Nos. 102 Transmission Interested persons are invited to National Traffic and Motor Vehicle Shift Lever Sequence . . . ., 103 submit comments on the petition Safety Act (the Act)), a motor vehicle Defrosting and Defogging Systems, 104 described above. Comments should refer that was not originally manufactured to Windshield Wiping and Washing to the docket number and be submitted conform to all applicable Federal motor Systems, 105 Hydraulic Brake Systems, to: Docket Section, National Highway vehicle safety standards shall be refused 106 Brake Hoses, 107 Reflecting Traffic Safety Administration, Room admission into the United States unless Surfaces, 109 New Pneumatic Tires, 111 5109, 400 Seventh Street, S.W., NHTSA has decided that the motor Rearview Mirror, 113 Hood Latch Washington, DC 20590. It is requested vehicle is substantially similar to a Systems, 116 Brake Fluid, 118 Power but not required that 10 copies be motor vehicle originally manufactured Window Systems, 124 Accelerator submitted. for importation into and sale in the Control Systems, 201 Occupant All comments received before the United States, certified under 49 U.S.C. Protection in Interior Impact, 202 Head close of business on the closing date 30115 (formerly section 114 of the Act), Restraints, 203 Impact Protection for the indicated above will be considered, and and of the same model year as the Driver From the Steering Control will be available for examination in the model of the motor vehicle to be System, 204 Steering Control Rearward docket at the above address both before compared, and is capable of being Displacement, 205 Glazing Materials, and after that date. To the extent readily altered to conform to all 206 Door Locks and Door Retention possible, comments filed after the applicable Federal motor vehicle safety Components, 207 Seating Systems, 209 closing date will also be considered. standards. Seat Belt Assemblies, 210 Seat Belt Notice of final action on the petition Petitions for eligibility decisions may Assembly Anchorages, 211 Wheel Nuts, will be published in the Federal be submitted by either manufacturers or Wheel Discs and Hubcaps, 212 Register pursuant to the authority importers who have registered with Windshield Retention, 216 Roof Crush indicated below. NHTSA pursuant to 49 CFR Part 592. As Resistance, 219 Windshield Zone specified in 49 CFR 593.7, NHTSA Authority: 49 U.S.C. 30141 (a)(1)(A) and Intrusion, 301 Fuel System Integrity, (b)(1); 49 CFR 593.8; delegations of authority publishes notice in the Federal Register and 302 Flammability of Interior at 49 CFR 1.50 and 501.8. of each petition that it receives, and Materials. affords interested persons an Petitioner also contends that the Issued on: April 2, 1996. opportunity to comment on the petition. vehicle is capable of being readily Marilynne Jacobs, At the close of the comment period, altered to meet the following standards, Director, Office of Vehicle Safety, NHTSA decides, on the basis of the in the manner indicated: Compliance. petition and any comments that it has Standard No. 101 Controls and [FR Doc. 96–8495 Filed 4–4–96; 8:45 am] received, whether the vehicle is eligible Displays: (a) Placement of the BILLING CODE 4910±59±P 15334 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

[Docket No. 96±34; Notice 1] importers who have registered with Discs and Hubcaps, 212 Windshield NHTSA pursuant to 49 CFR Part 592. As Retention, 216 Roof Crush Resistance, Notice of Receipt of Petition for specified in 49 CFR 593.7, NHTSA 219 Windshield Zone Intrusion, and 302 Decision That Nonconforming 1987 publishes notice in the Federal Register Flammability of Interior Materials. Audi 200 Quattro Passenger Cars Are of each petition that it receives, and Petitioner also contends that the Eligible for Importation affords interested persons an vehicle is capable of being readily AGENCY: National Highway Traffic opportunity to comment on the petition. altered to meet the following standards, Safety Administration, DOT. At the close of the comment period, in the manner indicated: NHTSA decides, on the basis of the ACTION: Notice of receipt of petition for Standard No. 101 Controls and decision that nonconforming 1987 Audi petition and any comments that it has Displays: (a) Substitution of a lens 200 Quattro passenger cars are eligible received, whether the vehicle is eligible marked ‘‘Brake’’ for a lens with an ECE for importation. for importation. The agency then symbol on the brake failure indicator publishes this decision in the Federal lamp; (b) installation of a seat belt SUMMARY: This notice announces receipt Register. warning lamp with the appropriate by the National Highway Traffic Safety Champagne Imports, Inc. of Lansdale, symbol; (c) recalibration of the Administration (NHTSA) of a petition Pennsylvania (Registered Importer No. speedometer/odometer from kilometers for a decision that a 1987 Audi 200 R–90–009) has petitioned NHTSA to to miles per hour. Quattro that was not originally decide whether 1987 Audi 200 Quattro Standard No. 108 Lamps, Reflective manufactured to comply with all passenger cars are eligible for Devices and Associated Equipment: (a) applicable Federal motor vehicle safety importation into the United States. The Installation of U.S.—model headlamp standards is eligible for importation into vehicle which Champagne believes is assemblies; (b) installation of U.S.— the United States because (1) it is substantially similar is the 1987 Audi model front and rear sidemarker/ substantially similar to a vehicle that 5000 Quattro. Champagne has submitted reflector assemblies; (c) installation of was originally manufactured for information indicating that the U.S.—model taillamp assemblies; (d) importation into and sale in the United manufacturer of the 1987 Audi 5000 installation of a high mounted stop States and that was certified by its Quattro certified that vehicle as lamp. manufacturer as complying with the conforming to all applicable Federal Standard No. 110 Tire Selection and safety standards, and (2) it is capable of motor vehicle safety standards and Rims: installation of a tire information being readily altered to conform to the offered it for sale in the United States. placard. The petitioner contends that it standards. Standard No. 111 Rearview Mirrors: carefully compared the 1987 Audi 200 DATES: replacement of the convex passenger The closing date for comments Quattro to the 1987 Audi 5000 Quattro, on the petition is May 6, 1996. and found the two models to be side rear view mirror. ADDRESSES: Comments should refer to substantially similar with respect to Standard No. 114 Theft Protection: the docket number and notice number, compliance with most applicable installation of a buzzer microswitch in and be submitted to: Docket Section, Federal motor vehicle safety standards. the steering lock assembly, and a Room 5109, National Highway Traffic Champagne submitted information warning buzzer. Safety Administration, 400 Seventh St., with its petition intended to Standard No. 115 Vehicle SW, Washington, DC 20590. [Docket demonstrate that the 1987 Audi 200 Identification Number: installation of a hours are from 9:30 am to 4 pm] Quattro, as originally manufactured, VIN plate that can be read from outside FOR FURTHER INFORMATION CONTACT: conforms to many Federal motor vehicle the left windshield pillar, and a VIN George Entwistle, Office of Vehicle safety standards in the same manner as reference label on the edge of the door Safety Compliance, NHTSA (202–366– the 1987 Audi 5000 Quattro that was or latch post nearest the driver. 5306). offered for sale in the United States, or Standard No. 118 Power Window SUPPLEMENTARY INFORMATION: is capable of being readily altered to Systems: rewiring of the power window conform to those standards. system so that the window transport is Background Specifically, the petitioner claims that inoperative when the ignition is Under 49 U.S.C. 30141(a)(1)(A) the 1987 Audi 200 Quattro is identical switched off. (formerly section 108(c)(3)(A)(i)(I) of the to the certified 1987 Audi 5000 Quattro Standard No. 208 Occupant Crash National Traffic and Motor Vehicle with respect to compliance with Protection: (a) installation of a U.S.- Safety Act (the Act)), a motor vehicle Standards Nos. 102 Transmission Shift model seat belt in the driver’s position, that was not originally manufactured to Lever Sequence . . . ., 103 Defrosting and or a belt webbing-actuated microswitch conform to all applicable Federal motor Defogging Systems, 104 Windshield inside the driver’s seat belt retractor; (b) vehicle safety standards shall be refused Wiping and Washing Systems, 105 installation of an ignition switch- admission into the United States unless Hydraulic Brake Systems, 106 Brake actuated seat belt warning lamp and NHTSA has decided that the motor Hoses, 107 Reflecting Surfaces, 109 New buzzer. The petitioner states that the vehicle is substantially similar to a Pneumatic Tires, 113 Hood Latch vehicle is equipped with combination motor vehicle originally manufactured Systems, 116 Brake Fluid, 124 lap and shoulder restraints that adjust for importation into and sale in the Accelerator Control Systems, 201 by means of an automatic retractor and United States, certified under 49 U.S.C. Occupant Protection in Interior Impact, release by means of a single push button 30115 (formerly section 114 of the Act), 202 Head Restraints, 203 Impact at each front and rear outboard seating and of the same model year as the Protection for the Driver From the position, and with a lap belt in the model of the motor vehicle to be Steering Control System, 204 Steering center rear seating position. compared, and is capable of being Control Rearward Displacement, 205 Standard No. 214 Side Impact readily altered to conform to all Glazing Materials, 206 Door Locks and Protection: installation of reinforcing applicable Federal motor vehicle safety Door Retention Components, 207 beams. standards. Seating Systems, 209 Seat Belt Standard No. 301 Fuel System Petitions for eligibility decisions may Assemblies, 210 Seat Belt Assembly Integrity: installation of a rollover valve be submitted by either manufacturers or Anchorages, 211 Wheel Nuts, Wheel in the fuel tank vent line between the Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15335 fuel tank and the evaporative emissions being readily altered to conform to the applicable Federal motor vehicle safety collection canister. standards. standards. Additionally, the petitioner states that DATES: The closing date for comments The petitioner claims that it carefully the bumpers on the 1987 Audi 200 on the petition is May 6, 1996. compared the non- U.S. certified 1995 Quattro must be reinforced to comply ADDRESSES: Comments should refer to Mercedes-Benz C220 to its U.S. certified with the Bumper Standard found in 49 the docket number and notice number, counterpart, and found the two vehicles CFR Part 581, or U.S.-model bumper and be submitted to: Docket Section, to be substantially similar with respect components must be installed. Room 5109, National Highway Traffic to compliance with most Federal motor Interested persons are invited to Safety Administration, 400 Seventh St., vehicle safety standards. submit comments on the petition SW, Washington, DC 20590. [Docket Champagne submitted information described above. Comments should refer hours are from 9:30 am to 4 pm]. with its petition intended to to the docket number and be submitted FOR FURTHER INFORMATION CONTACT: demonstrate that the non-U.S. certified to: Docket Section, National Highway George Entwistle, Office of Vehicle 1995 Mercedes-Benz C220, as originally Traffic Safety Administration, Room Safety Compliance, NHTSA (202–366– manufactured, conforms to many 5109, 400 Seventh Street, SW., 5306). Federal motor vehicle safety standards Washington, DC 20590. It is requested in the same manner as its U.S. certified but not required that 10 copies be SUPPLEMENTARY INFORMATION: counterpart, or is capable of being submitted. Background readily altered to conform to those All comments received before the Under 49 U.S.C. 30141(a)(1)(A) standards. close of business on the closing date (formerly section 108(c)(3)(A)(i)(I) of the Specifically, the petitioner claims that indicated above will be considered, and National Traffic and Motor Vehicle the non-U.S. certified 1995 Mercedes- will be available for examination in the Safety Act (the Act)), a motor vehicle Benz C220 is identical to its U.S. docket at the above address both before that was not originally manufactured to certified counterpart with respect to and after that date. To the extent conform to all applicable Federal motor compliance with Standards Nos. 102 possible, comments filed after the vehicle safety standards shall be refused Transmission Shift Lever Sequence closing date will also be considered. admission into the United States unless . . . ., 103 Defrosting and Defogging Notice of final action on the petition NHTSA has decided that the motor Systems, 104 Windshield Wiping and will be published in the Federal vehicle is substantially similar to a Washing Systems, 105 Hydraulic Brake Register pursuant to the authority motor vehicle originally manufactured Systems, 106 Brake Hoses, 107 indicated below. for importation into and sale in the Reflecting Surfaces, 109 New Pneumatic Authority: 49 U.S.C. 30141 (a)(1)(A) and United States, certified under 49 U.S.C. Tires, 113 Hood Latch Systems, 116 (b)(1); 49 CFR 593.8; delegations of authority 30115 (formerly section 114 of the Act), Brake Fluid, 124 Accelerator Control at 49 CFR 1.50 and 501.8. and of the same model year as the Systems, 201 Occupant Protection in Issued on: April 2, 1996. model of the motor vehicle to be Interior Impact, 202 Head Restraints, Marilynne Jacobs, compared, and is capable of being 204 Steering Control Rearward Director, Office of Vehicle Safety Compliance. readily altered to conform to all Displacement, 205 Glazing Materials, [FR Doc. 96–8496 Filed 4–4–96; 8:45 am] applicable Federal motor vehicle safety 207 Seating Systems, 209 Seat Belt BILLING CODE 4910±59±P standards. Assemblies, 210 Seat Belt Assembly Petitions for eligibility decisions may Anchorages, 211 Wheel Nuts, Wheel be submitted by either manufacturers or Discs and Hubcaps, 212 Windshield [Docket No. 96±35; Notice 1] importers who have registered with Retention, 216 Roof Crush Resistance, NHTSA pursuant to 49 CFR Part 592. As 219 Windshield Zone Intrusion, and 302 Notice of Receipt of Petition for Flammability of Interior Materials. Decision That Nonconforming 1995 specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register Additionally, the petitioner states that Mercedes-Benz C220 Passenger Cars the non-U.S. certified 1995 Mercedes- Are Eligible for Importation of each petition that it receives, and affords interested persons an Benz C220 complies with the Bumper AGENCY: National Highway Traffic opportunity to comment on the petition. Standard found in 49 CFR Part 581. Safety Administration, DOT. At the close of the comment period, Petitioner also contends that the vehicle ACTION: Notice of receipt of petition for NHTSA decides, on the basis of the is capable of being readily altered to decision that nonconforming 1995 petition and any comments that it has meet the following standards, in the Mercedes-Benz C220 passenger cars are received, whether the vehicle is eligible manner indicated: eligible for importation. for importation. The agency then Standard No. 101 Controls and publishes this decision in the Federal Displays: (a) substitution of a lens SUMMARY: This notice announces receipt Register. marked ‘‘Brake’’ for a lens with an ECE by the National Highway Traffic Safety Champagne Imports, Inc. of symbol on the brake failure indicator Administration (NHTSA) of a petition Landsdale, Pennsylvania lamp; (b) installation of a seat belt for a decision that a 1995 Mercedes- (‘‘Champagne’’) (Registered Importer warning lamp; (c) recalibration of the Benz C220 that was not originally 90–009) has petitioned NHTSA to speedometer/odometer from kilometers manufactured to comply with all decide whether 1995 Mercedes-Benz to miles per hour. applicable Federal motor vehicle safety C220 (Model ID 202.022) passenger cars Standard No. 108 Lamps, Reflective standards is eligible for importation into are eligible for importation into the Devices and Associated Equipment: (a) the United States because (1) it is United States. The vehicle which installation of U.S.- model headlamp substantially similar to a vehicle that Champagne believes is substantially assemblies; (b) installation of U.S.- was originally manufactured for similar is the 1995 Mercedes-Benz C220 model front and rear sidemarker/ importation into and sale in the United that was manufactured for importation reflector assemblies; (c) installation of States and that was certified by its into, and sale in, the United States and U.S.- model taillamp assemblies; (d) manufacturer as complying with the certified by its manufacturer, Daimler installation of a high mounted stop safety standards, and (2) it is capable of Benz A.G., as conforming to all lamp. 15336 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

Standard No. 110 Tire Selection and All comments received before the 1105.11 (transmittal letter), 49 CFR Rims: installation of a tire information close of business on the closing date 1105.12 (newspaper publication), and placard. indicated above will be considered, and 49 CFR 1152.50(d)(1) (notice to Standard No. 111 Rearview Mirror: will be available for examination in the governmental agencies) have been met. replacement of the convex passenger docket at the above address both before As a condition to use of this side rearview mirror. and after that date. To the extent exemption, any employee adversely Standard No. 114 Theft Protection: possible, comments filed after the affected by the abandonment shall be installation of a warning buzzer closing date will also be considered. protected under Oregon Short Line R. microswitch and a warning buzzer in Notice of final action on the petition Co.—Abandonment—Goshen, 360 I.C.C. the steering lock assembly. will be published in the Federal 91 (1979). To address whether this Standard No. 115 Vehicle Register pursuant to the authority condition adequately protects affected Identification Number: installation of a indicated below. employees, a petition for partial VIN plate that can be read from outside Authority: 49 U.S.C. 30141(a)(1)(A) and revocation under 49 U.S.C. 10502(d) the left windshield pillar, and a VIN (b)(1); 49 CFR 593.8; delegations of authority must be filed. reference label on the edge of the door at 49 CFR 1.50 and 501.8. Provided no formal expression of or latch post nearest the driver. Issued on: April 2, 1996. intent to file an offer of financial Standard No. 118 Power Window Marilynne Jacobs, assistance (OFA) has been received, this Systems: rewiring of the power window Director, Office of Vehicle Safety Compliance. exemption will be effective on May 5, system so that the window transport is [FR Doc. 96–8497 Filed 4–4–96; 8:45 am] 1996, unless stayed pending inoperative when the ignition is BILLING CODE 4910±59±P reconsideration. Petitions to stay that do switched off. not involve environmental issues,3 Standard No. 206 Door Locks and formal expressions of intent to file an Door Retention Components: Surface Transportation Board 1 OFA under 49 CFR 1152.27(c)(2),4 and replacement of the rear door locks and trail use/rail banking requests under 49 [STB Docket No. AB±290 (Sub-No. 181X)] door lock buttons. CFR 1152.29 5 must be filed by April 15, Standard No. 208 Occupant Crash Norfolk and Western Railway 1996. Petitions to reopen or requests for Protection: (a) installation of a U.S.- CompanyÐAbandonment ExemptionÐ public use conditions under 49 CFR model seat belt in the driver’s position, in Pike County, KY 1152.28 must be filed by April 25, 1996, or a belt webbing actuated microswitch with: Office of the Secretary, Case inside the driver’s seat belt retractor; (b) Norfolk and Western Railway Control Branch, Surface Transportation installation of an ignition switch Company (NW) filed a notice of Board, 1201 Constitution Avenue, N.W., actuated seat belt warning lamp and exemption under 49 CFR 1152 Subpart Washington, DC 20423. buzzer. The petitioner states that the F—Exempt Abandonments to abandon A copy of any petition filed with the vehicle is equipped with an automatic 1.25 miles of its line of11 railroad Board should be sent to applicant’s restraint system consisting of driver’s between milepost MN–0.95 at Nampa representative: James R. Paschall, and passenger’s side air bags and knee and milepost MN–2.20 at Pounding Norfolk Southern Corporation, Three 2 bolsters. If these components do not Mill, in Pike County, KY. Commercial Place, Norfolk, VA 23510. have identical part numbers to those NW has certified that: (1) no local If the verified notice contains false or found on the vehicle’s U.S. certified traffic has moved over the line for at misleading information, the exemption counterpart, the petitioner states that least 2 years; (2) any overhead traffic on is void ab initio. they will be replaced with components the line can be rerouted; (3) no formal NW has filed an environmental report having such part numbers. The complaint filed by a user of rail service which addresses the abandonment’s petitioner further states that the vehicle on the line (or by a state or local effects, if any, on the environment and is equipped with a combination lap and government entity acting on behalf of historic resources. The Section of shoulder restraint that adjusts by means such user) regarding cessation of service Environmental Analysis (SEA) will of an automatic retractor and releases by over the line either is pending with the issue an environmental assessment (EA) means of a single push-button at each Board or with any U.S. District Court or by April 10, 1996. Interested persons front and rear outboard seating position, has been decided in favor of may obtain a copy of the EA by writing and with a lap belt at the rear center complainant within the 2-year period; to SEA (Room 3219, Surface seating postion. and (4) the requirements at 49 CFR Transportation Board, Washington, DC Standard No. 214 Side Impact 1105.7 (environmental reports), 49 CFR 20423) or by calling Elaine Kaiser, Chief Protection: installation of reinforcing 1105.8 (historic reports), 49 CFR of SEA, at (202) 927–6248. Comments beams. on environmental and historic 1 The ICC Termination Act of 1995, Pub. L. No. preservation matters must be filed Standard No. 301 Fuel System 104–88, 109 Stat. 803, which was enacted on Integrity: installation of a rollover valve December 29, 1995, and took effect on January 1, in the fuel tank vent line between the 1996, abolished the Interstate Commerce 3 The Board will grant a stay if an informed fuel tank and the evaporative emissions Commission and transferred certain functions to the decision on environmental issues (whether raised Surface Transportation Board (Board). This notice by a party or by the Board’s Section of collection canister. relates to functions that are subject to the Board’s Environmental Analysis in its independent Interested persons are invited to jurisdiction pursuant to 49 U.S.C. 10903. investigation) cannot be made before the submit comments on the petition 2 Pursuant to 49 CFR 1152.50(d)(2), the railroad exemption’s effective date. See Exemption of Out- described above. Comments should refer must file a verified notice with the Board at least of-Service Rail Lines, 5 I.C.C. 2d 377 (1989). Any 50 days before the abandonment or discontinuance request for a stay should be filed as soon as possible to the docket number and be submitted is to be consummated. The applicant in its verified so that the Board may take appropriate action before to: Docket Section, National Highway notice, indicated a proposed consummation date of the exemption’s effective date. Traffic Safety Administration, Room May 3, 1996. Because the verified notice was not 4 See Exempt. of Rail Abandonment—Offers of 5109, 400 Seventh Street, S.W., filed until March 18, 1996, however, consummation Finan. Assist., 4 I.C.C. 2d 164 (1987). should have not been proposed to take place prior 5 The Board will accept late-filed trail use Washington, DC 20590. It is requested to May 7, 1996. Applicant’s representative has been requests so long as the abandonment has not been but not required that 10 copies be contacted and has confirmed that the correct consummated and the abandoning railroad is submitted. consummation date is May 7, 1996. willing to negotiate an agreement. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15337 within 15 days after the EA becomes least 2 years; (2) any overhead traffic on CFR 1152.29 5 must be filed by April 15, available to the public. the line can be rerouted; (3) no formal 1996. Petitions to reopen or requests for Environmental, historic preservation, complaint filed by a user of rail service public use conditions under 49 CFR public use, or trail use/rail banking on the line (or by a state or local 1152.28 must be filed by April 25, 1996, conditions will be imposed, where government entity acting on behalf of with: Office of the Secretary, Case appropriate, in a subsequent decision. such user) regarding cessation of service Control Branch, Surface Transportation Decided: March 28, 1996. over the line either is pending with the Board, 1201 Constitution Avenue, N.W., By the Board, David M. Konschnik, Board or with any U.S. District Court or Washington, DC 20423. Director, Office of Proceedings. has been decided in favor of A copy of any petition filed with the Vernon A. Williams, complainant within the 2-year period; Board should be sent to applicant’s Secretary. and (4) the requirements at 49 CFR representative: J. Thomas Garrett, Vice [FR Doc. 96–8465 Filed 4–4–96; 8:45 am] 1105.7 (environmental reports), 49 CFR President & General Counsel, 1500 BILLING CODE 4915±00±P 1105.8 (historic reports), 49 CFR Kentucky Avenue, Paducah, KY 42003. 1105.11 (transmittal letter), 49 CFR If the verified notice contains false or 1105.12 (newspaper publication), and misleading information, the exemption [STB Docket No. AB±468X] 49 CFR 1152.50(d)(1) (notice to is void ab initio. governmental agencies) have been met. Surface Transportation Board 1 P&L has filed an environmental report As a condition to use of this which addresses the abandonment’s Paducah & Louisville Railway, Inc.Ð exemption, any employee adversely effects, if any, on the environment and Abandonment ExemptionÐin affected by the abandonment shall be historic resources. The Section of Muhlenberg and Hopkins Counties, KY protected under Oregon Short Line R. Environmental Analysis (SEA) will Co.—Abandonment—Goshen, 360 I.C.C. Paducah & Louisville Railway, Inc. issue an environmental assessment (EA) 91 (1979). To address whether this (P&L) filed a notice of exemption under by April 10, 1996. Interested persons 49 CFR 1152 Subpart F—Exempt condition adequately protects affected may obtain a copy of the EA by writing Abandonments to abandon employees, a petition for partial to SEA (Room 3219, Surface approximately 12.70 miles of its line of revocation under 49 U.S.C. 10502(d) Transportation Board, Washington, DC railroad between milepost J–133.3 at must be filed. 20423) or by calling Elaine Kaiser, Chief Greenville and milepost J–146.0 at Provided no formal expression of of SEA, at (202) 927–6248. Comments White Plains, in Muhlenberg and intent to file an offer of financial on environmental and historic Hopkins Counties, KY.2 assistance (OFA) has been received, this preservation matters must be filed P&L has certified that: (1) no local exemption will be effective on May 5, within 15 days after the EA becomes traffic has moved over the line for at 1996, unless stayed pending available to the public. reconsideration. Petitions to stay that do Environmental, historic preservation, 1 The ICC Termination Act of 1995, Pub. L. No. not involve environmental issues,3 public use, or trail use/rail banking 104–88, 109 Stat. 803, which was enacted on formal expressions of intent to file an conditions will be imposed, where December 29, 1995, and took effect on January 1, 4 1996, abolished the Interstate Commerce OFA under 49 CFR 1152.27(c)(2), and appropriate, in a subsequent decision. Commission and transferred certain functions to the trail use/rail banking requests under 49 Decided: March 28, 1996. Surface Transportation Board (Board). This notice relates to functions that are subject to Board By the Board, David M. Konschnik, jurisdiction pursuant to 49 U.S.C. 10903. 3 The Board will grant a stay if an informed Director, Office of Proceedings. decision on environmental issues (whether raised 2 Pursuant to 49 CFR 1152.50(d)(2), the railroad Vernon A. Williams, must file a verified notice with the Board at least by a party or by the Board’s Section of 50 days before the abandonment or discontinuance Environmental Analysis in its independent Secretary. is to be consummated. The applicant in its verified investigation) cannot be made before the [FR Doc. 96–8466 Filed 4–4–96; 8:45 am] notice, indicated a proposed consummation date of exemption’s effective date. See Exemption of Out- BILLING CODE 4915±00±P May 2, 1996. Because the verified notice was not of-Service Rail Lines, 5 I.C.C. 2d 377 (1989). Any filed until March 18, 1996, however, consummation request for a stay should be filed as soon as possible should have not been proposed to take place prior so that the Board may take appropriate action before 5 The Board will accept late-filed trail use to May 7, 1996. Applicant’s representative has been the exemption’s effective date. requests so long as the abandonment has not been contacted and has confirmed that the correct 4 See Exempt. of Rail Abandonment—Offers of consummated and the abandoning railroad is consummation date is May 7, 1996. Finan. Assist., 4 I.C.C. 2d 164 (1987). willing to negotiate an agreement. 15338

Corrections Federal Register Vol. 61, No. 67

Friday, April 5, 1996

This section of the FEDERAL REGISTER Canyon, in the ninth line, delete the was omitted and should read as set forth contains editorial corrections of previously second ‘‘192’’ and insert ‘‘193’’. below: published Presidential, Rule, Proposed Rule, 9. On page 12095, in the 3rd column, Margaret H. McFarland, and Notice documents. These corrections are under the heading Atwater Valley, in Deputy Secretary. prepared by the Office of the Federal the 4th line, insert ‘‘99,’’ between ‘‘98,’’ Register. Agency prepared corrections are BILLING CODE 1505±01±D issued as signed documents and appear in and ‘‘100,’’. the appropriate document categories BILLING CODE 1505±01±D elsewhere in the issue. SECURITIES AND EXCHANGE COMMISSION SECURITIES AND EXCHANGE COMMISSION [Release No. 34±36939; File No. SR± DEPARTMENT OF THE INTERIOR Philadep±95±13] 17 CFR Part 200 Minerals Management Service Self-Regulatory Organizations; [Release No. 34±37022; File No. S7±40±92] Outer Continental Shelf, Central Gulf of Philadelphia Depository Trust Mexico, Oil and Gas Lease Sale 157 - RIN 3235±AF91 Company; Notice of Filing and Final Immediate Effectiveness of Proposed Rules of Practice Rule Change Implementing Institutional Delivery System Features Correction Correction in the Philanet Terminal System In notice document 96–7132 In rule document 96–7537, appearing beginning on page 12087 in the issue of on page 13689 in the issue of Thursday, Correction Monday, March 25, 1996, make the March 28, 1996, make the following In notice document 96–5963, following corrections: correction: beginning on page 10416 in the issue of 1. On page 12093, in the 2nd column, Wednesday, March 13, 1996, in the under the heading West Cameron, in the § 200.30-7 [Corrected] second column, the Release number 4th line, delete comma between ‘‘68 and On page 13689, in the second column, should read as set forth above. (S1/2)’’. in amendatory instruction 7 to § 200.30- 2. On page 12094, in the 1st column, 7, in the sixth line, ‘‘§ 21.161’’ should BILLING CODE 1505±01±D in the 2nd line from the top, insert read ‘‘§ 201.161’’. ‘‘251,’’after ‘‘250,’’. BILLING CODE 1505±01±D SECURITIES AND EXCHANGE 3. On page 12094, in the 1st column, COMMISSION under the heading South Marsh Island, in the 4th line, insert ‘‘59,’’ between SECURITIES AND EXCHANGE [Release No. 34±36955; File No. SR±NASD± ‘‘58,’’ and ‘‘60,’’. COMMISSION 95±59] 4. On page 12094, in the 1st column, [Release No. 34±36920; International Series under the heading Ship Shoal, in the Self-Regulatory Organizations; Order Release No. 945; File No. SR±CBOE±96± Approving Proposed Rule Change by 15th line, insert ‘‘199,’’ between ‘‘198,’’ 09] and ‘‘201,’’. National Association of Securities 5. On page 12094, in the 2nd column, Self-Regulatory Organizations; Notice Dealers, Inc., To Amend Section 65 of under the heading South Timbalier, in of Filing of Proposed Rule Change and the Uniform Practice Code To Require the 5th line, insert ‘‘92,’’ between ‘‘91,’’ Amendment No. 1 to Proposed Rule Members Who Are Participants in a and ‘‘95,’’. Change by the Chicago Board Options Registered Clearing Agency To Use 6. On page 12094, in the 3rd column, Exchange, Inc., Relating to the Listing the Electronic Facilities of Such under the heading Mobile, in the first and Trading of Options on the Mexican Agency To Transmit Customer line, insert ‘‘821’’ between ‘‘820,’’ and Indice de Precios y Cotizaciones Account Transfer Instructions ‘‘822,’’; in the 4th line, delete comma Correction between ‘‘911 and (N1/2)’’. Correction 7. On page 12095, in the 1st column, In notice document 96–5785, In notice document 96–6322, under the heading Mississippi Canyon, beginning on page 10043 in the issue of beginning on page 11070 in the issue of in the 21st line, insert ‘‘517,’’ between Tuesday, March 12, 1996, make the Monday, March 18, 1996, in the third ‘‘516, and ‘‘517,’’. following correction: column, the Release number should 8. On page 12095, in the same On page 10045, in the first column, read as set forth above. column, under the heading Green above the FR Doc. line, the signature BILLING CODE 1505±01±D federal register April 5,1996 Friday Proposed Rule Enhancement ofEnvironmentalQuality; Office oftheSecretary;Protectionand 24 CFRPart50 Development Housing andUrban Department of Part II 15339 15340 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules

DEPARTMENT OF HOUSING AND decision making in carrying out D. General Updating URBAN DEVELOPMENT responsibilities in accordance with the There is need for general updating of National Environmental Policy Act current part 50, based on program 24 CFR Part 50 (NEPA) of 1969 (42 U.S.C. 4321–4347), experience and changes in the NEPA implementing regulations of [Docket No. FR±2206±P±01] authorizations. The proposed rule the Council on Environmental Quality, would restructure part 50 to focus on RIN 2501±AA30 and the other Federal environmental the new condition that Federal laws and authorities related to NEPA as environmental laws and authorities Office of the Secretary; Protection and cited in § 50.4 of this proposed rule. The Enhancement of Environmental Quality cited in § 50.4 are now as prominent as proposed rule would apply to all HUD NEPA itself in HUD’s environmental activities and programs, except those for AGENCY: Office of the Secretary, HUD. review processing. The need for the which specific statutory authority exists ACTION: Proposed rule. preparation of environmental to assign the environmental review assessments under NEPA has declined SUMMARY: This proposed rule would responsibilities to recipients and other and will continue to decline as the simplify, improve, and update the responsible entities that are States, units number of categorical exclusions Department’s implementation of of general local government, Indian increases in response to the evolving responsibilities for environmental Tribes or other entities subject to 24 nature of HUD programs of assistance. review and decision making under the CFR part 58. When this proposed rule In addition, the proposed rule would National Environmental Policy Act and is issued as a final rule, it would replace respond to the National Performance the other related Federal environmental the current interim rule originally Review on government regulations in laws and authorities. The proposed rule issued on December 15, 1982 (47 FR that the proposed rule would simplify would apply to all HUD activities and 56268) and amended since then. For part 50 by removing the appendices and programs, except those for which HUD programs covered by this rule, see other non-statutory provisions. Further specific statutory authority exists to paragraph E. information on the general updating is assign the environmental review Some of the more recent action- provided in the following discussion of responsibilities to recipients and other driving developments for this revisions proposed in each subpart of responsible entities that are States, units rulemaking result from the the current rule: of general local government, Indian implementation of a series of innovative Subpart A Tribes or other entities subject to HUD initiatives designed to improve the way regulations. the Department delivers services to the • Definitions are provided for the DATES: Comment due date: June 4, 1996. public. These and other reasons for this terms: HUD approving official, project, proposed rule are the following: and environmental review. ADDRESSES: Interested persons are • Additional related Federal laws and invited to submit comments regarding A. HUD Regulatory Reinvention authorities are referenced. Examples of this proposed rule to the Rules Docket new references are: Executive Order Clerk, Office of General Counsel, Room This proposed rule is consistent with 12898 on Environmental Justice; the 10276, Department of Housing and the President’s March 4, 1995, Comprehensive Environmental Urban Development, 451 Seventh Street, memorandum directing Federal Response, Compensation, and Liability SW, Washington, DC 20410–0500. agencies to examine all regulations, to Act (CERCLA); and the National Flood Communications should refer to the eliminate those that are obsolete and to Insurance Reform Act. Removed is the above docket number and title. revise other regulations to increase reference to HUD Notice 79–33, Policy Facsimile (FAX) comments are not flexibility and reduce regulatory burden. Guidance to Address the Problems acceptable. A copy of each B. HUD Reorganization of Field Offices Posed by Toxic Chemicals and communication submitted will be Radioactive Material (September 10, available for public inspection and The Secretary of HUD directed the 1979). Issues related to toxic chemicals copying between 7:30 a.m. and 5:30 transformation of HUD to make it an and radioactive material would be p.m. weekdays at the above address. activist, enabling agent for change covered under a new § 50.3(i). Removed FOR FURTHER INFORMATION CONTACT: through the recent empowering of HUD also was the reference to the Fish and Richard H. Broun, Director, Office of field staff through reorganization of Wildlife Coordination Act, because Community Viability, Room 7240, HUD field offices. The proposed rule HUD believes this act does not impose Department of Housing and Urban would remove from the current part 50 a duty on this Department in light of the Development, 451 Seventh Street, SW., the nomenclature of the previous HUD nature of HUD’s assistance programs Washington, DC 20410–7000, telephone field office organization and and activities. (202) 708–2894. For telephone assignments of responsibility that no communication, contact Walter Prybyla, longer exist. Subpart B Deputy Director for Policy, • C. Environmental Justice Basic responsibility is revised to Environmental Review Division at (202) conform with the new HUD field office 708–1767. Hearing or speech-impaired The President issued on February 11, organization. individuals may call the Federal 1994, Executive Order 12898, (59 FR • Terminated functions. Removed Information Relay Service number at 1– 7629–7633, February 16, 1994) which from the current rule are the sections 800–877–TDDY (1–800–877–8339) and directed Federal agencies to address covering functions abolished by the refer to (202) 708–1767. environmental justice issues affecting field reorganization, for example, SUPPLEMENTARY INFORMATION: The minority and low-income populations. references to area and service office proposed rule would amend HUD’s HUD is awaiting additional guidance to supervisors and regional administrators. regulations in 24 CFR part 50 to Federal agencies that the Council on • Simplification. Also, removed is simplify, improve, and update the Environmental Quality (CEQ) is non-statutory and internal current policy and procedures used by preparing on how agencies are to organizational material that is more HUD for its environmental review and implement this Executive Order. suitable for inclusion in a HUD Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15341 handbook, for example, the section but may be subject to the laws and with HUD assistance. Also, for a number which currently details the authorities cited in § 50.4. of years, HUD no longer is involved in responsibilities of the Other Assistant • § 50.19: The exclusions listed at programs that support large-scale new Secretaries, Administrators, and the § 50.19—unlike the exclusions listed at community and residential subdivision General Counsel. § 50.20—rarely, if ever, assist physical development having multi-jurisdictional • Responsibility for environmental development and therefore are not impacts, which necessitated review is specified. This new section generally subject to compliance with the intergovernmental coordination and makes clear that the HUD approving related Federal laws and authorities review. cited at § 50.4. The rule proposes official is responsible for the Subpart E environmental review and may use any additions to include simple transfers information supplied by the applicant from the current list at § 50.20, for • Compliance record for or contractor for the environmental example, GNMA secondary mortgage environmental assessment. To review, provided that HUD market activities and interstate land document the environmental independently evaluates the sales disclosure. Other additions assessment for projects, the proposed information. include assistance to control the effects rule removes references to Appendix A of imminent threats to health and safety, of the current rule and states that HUD Subpart C activities related to assistance for shall use form HUD–4128— • Terminated programs. The homeownership, and HUD’s acceptance Environmental Assessment and proposed rule would remove from the for insurance of loans under Title I of Compliance Findings for the Related list of project decision points all the National Housing Act. Also, in Laws. response to deregulation goals, the references to liquidated programs such Subpart F as the Urban Renewal Program, New proposed rule at § 50.19 would require Community Development Corporation, HUD to prepare environmental • EIS policy: Rarely do HUD and Rehabilitation Loan Program (Sec. assessments and findings of no approvals involve a major Federal 312). Also, the proposed rule would significant impact on Departmental action for which a detailed remove project decision points for clearance documents only when they environmental impact statement is hospitals to remove duplication of involve physical development. required under the National • § 50.20: The NEPA categorical environmental review between HUD Environmental Policy Act. As a result, exclusions listed at § 50.20 do assist and the Department of Health and subpart F has become inactive. The physical development and therefore are Human Services (HHS). HHS is the proposed rule would address this matter generally subject to compliance with the Federal lead agency responsible for all by improving this subpart in the related Federal laws and authorities following ways. It would reduce aspects of hospital need, type, necessary cited at § 50.4. An example of a new duplication by eliminating the several services, design, capacity, location and addition is any assistance for the sections of the current interim rule physical/structural requirements as well removal of material and architectural which repeat guidance found in 40 CFR as for environmental review and barriers that restrict the mobility of and part 1502. The duplicative guidance that decisionmaking. HUD’s function is accessibility to the elderly and persons is proposed for deletion includes the confined to insuring the loan after all with disabilities. In making its following sections: § 50.44 (Notice of other considerations (local, State, and determinations that an activity is intent to prepare an EIS); § 50.45 Federal) are met. With each application excluded at § 50.20 and in compliance (Scoping, lead agencies and co- submitted to HUD for assistance, HHS with the Federal laws and authorities operating agencies); § 50.46 (Tiering); would provide HUD with a certification cited at § 50.4, HUD will use new form that HHS has complied with the HUD–4128 to replace both the current § 50.47 (Procedural requirements); applicable requirements of NEPA and form HUD–4128 (an amended version of § 50.48 (Adoption of other agencies’ other related authorities in accordance Appendix A of the current rule) and the environmental impact statements); and with its regulations. current form HUD–4128.1 (issued 07/ § 50.49 (Use of prior environmental • Other program decision points. At 93) (an amended version of Appendix B impact statements). The proposed § 50.17(e), the proposed rule would of the current rule). change in no way diminishes the basic replace the reference to the Community • Intergovernmental Review: HUD legal requirements under the removed Development Block Grants Program policy is to provide notices to the sections, because § 50.1 of the proposed (CDBG) with a general reference to affected public and those who have rule continues to incorporate the CEQ ‘‘HUD programs subject to 24 CFR part requested them. The proposed rule regulations, including the requirements 58.’’ This general reference now covers would remove references in §§ 50.25 of part 1502 with respect to EISs, by a greater number of HUD programs other and 50.31 of the current interim rule reference into part 50. than the CDBG program. Section which requires HUD to submit notices • Cases when an EIS is required. 50.17(g) would provide the decision to the state process adopted under 24 Because HUD’s New Community points for the Stewart B. McKinney CFR part 52, ‘‘Intergovernmental Review Program no longer exists, the proposed Homeless Assistance Act Programs of Departmental Programs.’’ Because rule would remove the reference to the where the recipients are nonprofit both part 52 and the underlying normal EIS requirement for an organizations or governmental entities Executive Order 12372 are currently not amendment to a Development Plan for with special or limited purpose powers. in active use, HUD would provide a new community. notices only to state agencies requesting • Emergencies. The proposed rule Subpart D them. This would reduce unnecessary would broaden the concept of • Categorical exclusions. § 50.19 is paperwork and acknowledge a decline emergencies: (i) to include those other being revised to cover all actions that in the state process, largely due to the than national emergencies and disasters are excluded from NEPA as well as the fact that States and local governments and cases of imminent threat to health related laws and authorities in § 50.4. have their own environmental review and safety; and (ii) to apply to § 50.20 continues to cover actions that procedures, which regulate projects applicable § 50.4 authorities which are categorically excluded from NEPA, including those proposed by developers provide for emergencies. 15342 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules

Appendices to 24 CFR 50 • John Heinz Neighborhood and Concentrated Development Areas: Development Program [594] 14.242 Section 220 [220] 14.139 [Not frequently The proposed rule would remove • dated Appendix A to Part 50 Special Purpose Grants for used] • Group Practice Medical Facilities: (Environmental Assessments for Historically-Black Colleges and Title XI [244] 14.116 [Not used in recent Subdivision and Multifamily Projects) Universities [570.404] 14.237 • Base Closure Community years] and Appendix B to Part 50 (Compliance Redevelopment and Homeless • Nehemiah Housing Opportunity and LAC Conditions Record). The Assistance [586] 14.227 Grants Program [280] [No current current rule references Appendices A funding] (form HUD–4128) and B (form HUD– Office of Housing: Single Family 4128.1) for use by HUD for documenting Housing Programs Office of Public and Indian Housing environmental assessments and • HUD-Owned Single Family • HOPE for Public and Indian environmental reviews for categorical Property Disposition [291] 14.XXX Housing Homeownership Program: exclusions, respectively. Under the [Appendix A to Subtitle A of 24 CFR] proposed rule, the two forms (last Office of Housing: Multifamily Housing 14.858 issued 07/93) would be simplified and Programs • Public and Indian Housing Youth combined into a new form HUD–4128— • Multifamily Rental Housing for Sports Program [proposed 961.50] Environmental Assessment and Moderate-Income Families: Section 14.863 Compliance Findings for Related Laws. 221(d) (3) and (4) [221] 14.135 • Public and Indian Housing Drug • Existing Multifamily Rental Elimination Program [961] 14.854 E. HUD Programs Subject to 24 CFR 50 • Housing: Section 223(f) [207.32a] 14.155 Part 50 continues to be used, HUD programs that lack specific • Supportive Housing for the Elderly: because the implementation of part 58 authority for assigning the Federal Section 202 [889] 14.157 is delayed for the remaining Public environmental review responsibilities to • Supportive Housing for Persons housing programs until a Federal recipients are presented below by the with Disabilities: Section 811 [890] Register notice is published making part HUD office that administers the 14.181 58 effective or until October 14, 1996, program, the program title, the program • Mortgage Insurance for Single Room whichever comes first: regulation part number of title 24 CFR, Occupancy Projects: Section 221(d) • Public Housing Development [941] and the program number used in the pursuant to Section 223(g) [221.565] 14.850 and 14.851 • Catalog of Federal Programs. This list is 14.135 Public Housing Modernization provided for the reader’s convenience. • Mortgage Insurance for Nursing [968] 14.852 and 14.859 • Generally, this list covers all HUD Homes, Intermediate Care Facilities, and Demolition or Disposition of Public programs other than those identified at Board and Care Homes: Section 232 Housing Projects [970] 14.850 § 58.1(b) of 24 CFR Part 58 (60 FR [232] 14.129 Office of Policy Research and 49469). In addition to the programs • Supplemental Loans for Development listed below, part 50 applies to projects Multifamily Projects: Section 241 [241] • CDBG Joint Community and activities carried out by recipients 14.151 subject to environmental policy and • HOPE for Homeownership of Development Program [570.411] 14.XXX procedures of 24 CFR part 58 in specific Multifamily Units: HOPE 2 [Appendix B [Part 50 applies only to applicants (e.g. circumstances discussed at § 50.1(d) of to Subtitle A of 24 CFR] 14.185 to universities) that are not a State or this proposed rule. The following may • Low-Income Housing Preservation unit of general local government.] not be an exhaustive list, but contains and Resident Homeownership: Title VI Findings and Other Matters the principal HUD assistance programs [248 A] 14.187 subject to part 50. • Emergency Low-Income Housing Environmental Impact Preservation: Title II [248 B] 14.187 A Finding of No Significant Impact Office of Community Planning and • Development Flexible Subsidy Program for with respect to the environment has Troubled Projects: Section 201 [219] been made in accordance with HUD • HOPE for Homeownership of Single 14.164 regulations at 24 CFR part 50, Family Homes: HOPE 3 [572] 14.240 • Manufactured Home Parks: Section implementing section 102(2)(C) of the • Housing Opportunities for Persons 207 Land development [207.33] 14.127 National Environmental Policy Act of with AIDS [574] 14.241 • Management and Disposition of 1969 (42 U.S.C. 4332). The Finding of • Emergency Shelter Grants Program: HUD-owned Multifamily Projects [290] No Significant Impact is available for Stewart B. McKinney Homeless 14.XXX public inspection during business hours Assistance Act [576] [Part 50 applies • Mortgage Insurance for Housing for in the Office of the Rules Docket Clerk, only to applicants that are private the Elderly: Section 231 [231] 14.138 Room 10276, Department of Housing nonprofit organizations and to [Not used. Instead Section 221(d)3 and and Urban Development, 451 Seventh governmental entities with special or (d)(4) are used.] Street, S.W., Washington, D.C. 20410– limited purpose powers] 14.231 • Cooperative Housing: Section 213 0500. • Supportive Housing Program [583] [213] 14.126 [Authorized but not used. [Part 50 applies only to applicants that New construction and substantial Executive Order 12612, Federalism are private nonprofit organizations and rehabilitation cooperative projects are The General Counsel, as the to governmental entities with special or currently insured under Section Designated Official under section 6(a) of limited purpose powers] 14.235 221(d)(3)] Executive Order 12612, ‘‘Federalism,’’ • Shelter Plus Care [582] [Part 50 • Multifamily Rental Housing: has determined that the policies applies only to conditionally selected Section 207 [207] 14.134 [Not used. contained in this proposed rule have no applications received from Public Instead Section 221(d)3 and (d)(4) are federalism implications, and that the Housing Authority applicants] 14.238 used.] policies are not subject to review under • Opportunities for Youth: • Mortgage Insurance and Insured the order. This proposed rule is limited Youthbuild [585] 14.243 Improvement Loans for Urban Renewal to updating the Department’s Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15343 implementation of its responsibilities 50.12 Responsibility of the HUD approving part, therefore, provides supplemental for environmental review and official. instructions to reflect the particular decisionmaking under the National 50.13—50.15 [Reserved] nature of HUD programs, and is to be Environmental Policy Act and other Subpart CÐGeneral Policy: Decision Points used in tandem with 40 CFR parts 1500 related Federal environmental laws and 50.16 Decision points for policy actions. through 1508 and regulations that authorities. 50.17 Decision points for projects. implement authorities cited at § 50.4. (d) The regulations in this part apply Executive Order 12606, the Family Subpart DÐGeneral Policy: Environmental Review Procedures to all HUD policy actions (as defined in The General Counsel, as the § 50.16), and to all HUD project actions Designated Official under Executive 50.18 General. (see § 50.2(a)(2)). Also, they apply to Order, ‘‘The Family,’’ has determined 50.19 Categorical exclusions not subject to the Federal laws and authorities cited in projects and activities carried out by that this proposed rule does not have recipients subject to environmental potential for significant impact on § 50.4. 50.20 Categorical exclusions subject to the policy and procedures of 24 CFR part family formation, maintenance, and Federal laws and authorities cited in 58, when the recipient that is regulated general well-being, and, thus, is not § 50.4. under 24 CFR part 58 claims the lack of subject to review under the order. No 50.21 Aggregation. legal capacity to assume the Secretary’s significant change in existing HUD 50.22 Environmental management and environmental review responsibilities policies or programs will result from monitoring. and the claim is approved by HUD or promulgation of this proposed rule, as 50.23 Public participation. when HUD determines to conduct an those policies and programs relate to 50.24 HUD review of another agency’s EIS. 50.25—50.30 [Reserved] environmental review itself in place of family concerns. a nonrecipient responsible entity. For Regulatory Flexibility Act Subpart EÐEnvironmental Assessments programs, activities or actions not and Related Reviews The Secretary, in accordance with the specifically identified or when there are 50.31 The EA. questions regarding the applicability of Regulatory Flexibility Act (5 U.S.C. 50.32 Responsibility for environmental 605(b)) has reviewed and approved this this part, the Assistant Secretary for processing. Community Planning and Development proposed rule, and in so doing certifies 50.33 Action resulting from the assessment. that this proposed rule will not have a 50.34 Time delays for exceptional shall be consulted. significant economic impact on a circumstances. § 50.2 Terms and abbreviations. substantial number of small entities. 50.35 Use of prior environmental (a) The definitions for most of the key This proposed rule would streamline 24 assessments. terms or phrases contained in this part CFR part 50 and carry out the statutory 50.36 Updating of environmental reviews. appear in 40 CFR part 1508 and in the mandate of the National Environmental 50.37—50.40 [Reserved] authorities cited in § 50.4. The following Policy Act and the other Federal Subpart FÐEnvironmental Impact definitions also apply to this part: environmental laws and authorities Statements (1) HUD approving official means the listed in § 50.4. 50.41 EIS policy. 50.42 Cases when an EIS is required. HUD official authorized to make the Catalog of Federal Domestic Assistance 50.43 Emergencies. approval decision for any proposed (1994) 50.44—50.50 [Reserved] policy or project subject to this part. The program numbers are 14.128– Authority: 42 U.S.C. 3535(d) and 4332; and (2) Project means an activity, or a 14.900. Also see the above paragraph E. Executive Order 11991, 3 CFR, 1977 Comp., group of integrally-related activities, p. 123. undertaken directly by HUD or List of Subjects in 24 CFR Part 50 proposed for HUD assistance or Environmental quality, Subpart AÐGeneral: Federal Laws and insurance. Environmental protection, Authorities (3) Environmental review means a Environmental review policy and § 50.1 Purpose, authority, and process for complying with NEPA procedures, Environmental assessment, applicability. (through an EA or EIS) and/or with the Environmental impact statement, laws and authorities cited in § 50.4. (a) This part implements the policies Compliance record. (b) The following abbreviations are of the National Environmental Policy used throughout this part: For the reasons set forth in the Act (NEPA) and other environmental preamble, part 50 of title 24 of the Code requirements (as specified in § 50.4). AS/CPD—Assistant Secretary for Community of Federal Regulations is proposed to be (b) NEPA, 42 U.S.C. 4321 et seq., Planning and Development revised to read as follows: establishes national policy, goals and CEQ—Council on Environmental Quality procedures for protecting, restoring and CO—HUD Headquarters (Central Office) PART 50ÐPROTECTION AND DECO—Departmental Environmental enhancing environmental quality. NEPA ENHANCEMENT OF ENVIRONMENTAL Clearance Officer is implemented by Executive Order QUALITY EA—Environmental Assessment 11514 of March 5, 1970, (3 CFR, 1966– EIS—Environmental Impact Statement Subpart AÐGeneral: Federal Laws and 1970 Comp., p. 902) as amended by EPA—U.S. Environmental Protection Agency Authorities Executive Order 11991 of May 24, 1977, FECO—Field Environmental Clearance Sec. (3 CFR, 1977 Comp., p. 123) and by the Officer 50.1 Purpose, authority, and applicability. Council on Environmental Quality FO—HUD Field Office 50.2 Terms and abbreviations. (CEQ) Regulations, 40 CFR parts 1500 FONSI—Finding of No Significant Impact 50.3 Environmental policy. through 1508. HUD—Department of Housing and Urban 50.4 Related Federal laws and authorities. (c) The regulations issued by CEQ at Development 50.5—50.9 [Reserved] NEPA—National Environmental Policy Act 40 CFR parts 1500 through 1508 NOI/EIS—Notice of Intent to Prepare an Subpart BÐGeneral Policy: Responsibilities establish the basic procedural Environmental Impact Statement and Program Coverage requirements for compliance with PECO—Program Environmental Clearance 50.10 Basic environmental responsibility. NEPA. These procedures are to be Officer 50.11 [Reserved] followed by all Federal agencies. This PHA—Public Housing Authority 15344 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules

§ 50.3 Environmental policy. and safety of occupants or the 201, 300 et seq., and 21 U.S.C. 349), as (a) It is the policy of the Department utilization of the property. amended. (See 40 CFR part 149.) to reject proposals which have (2) HUD environmental review of (e) Endangered species: The significant adverse environmental multifamily and non-residential Endangered Species Act of 1973 (16 impacts and to encourage the properties shall include evaluation of U.S.C. 1531 et seq.), as amended. (See modification of projects in order to previous uses of the site and other 50 CFR part 402.) enhance environmental quality and evidence of contamination on or near (f) Wild and scenic rivers: The Wild minimize environmental harm. the site, to assure that occupants of and Scenic Rivers Act (16 U.S.C 1271 et (b) The HUD approving official shall proposed sites are not adversely affected seq.), as amended. consider environmental and other by the hazards listed in paragraph (i)(1) (g) Water quality: The Federal Water Departmental objectives in the of this section. Pollution Control Act, as amended by decisionmaking process. (3) Particular attention should be the Federal Water Pollution Control Act (c) When EA’s or EIS’s or reviews given to any proposed site on or in the Amendments of 1972 (33 U.S.C. 1251 et under § 50.4 reveal conditions or general proximity of such areas as seq.), and later enactments. safeguards that should be implemented dumps, landfills, industrial sites or (h) Air quality: The Clean Air Act (42 once a proposal is approved in order to other locations that contain hazardous U.S.C. 7401 et seq.), as amended. (See protect and enhance environmental wastes. 40 CFR parts 6, 51, and 93.) quality or minimize adverse (4) HUD shall require the use of (i) [Reserved] environmental impacts, such conditions current techniques by qualified (j) Solid waste management: (1) The or safeguards must be included in professionals to undertake Solid Waste Disposal Act, as amended agreements or other relevant documents. investigations determined necessary. by the Resource Conservation and (d) A systematic, interdisciplinary Recovery Act of 1976 (42 U.S.C. 6901 et approach shall be used to assure the § 50.4 Related Federal laws and authorities. seq.), and later enactments. integrated use of the natural and social (2) The Comprehensive HUD and/or applicants must comply, sciences and the environmental design Environmental Response, where applicable, with all arts in making decisions. Compensation, and Liability Act of 1980 environmental requirements, guidelines (e) Environmental impacts shall be (42 U.S.C. 9601 et seq.). and statutory obligations under the evaluated on as comprehensive a scale (k) Farmlands protection: The following authorities and HUD as is practicable. Farmland Protection Policy Act of 1981 (f) HUD offices shall begin the standards: (7 U.S.C. 4201 et seq.). (See 7 CFR part environmental review process at the (a) Historic properties: (1) The 658.) earliest possible time so that potential National Historic Preservation Act of (l) HUD environmental standards: conflicts between program procedures 1966 as amended (16 U.S.C. 470 et seq.). Applicable criteria and standards and environmental requirements are (2) Executive Order 11593, Protection specified in HUD environmental identified at an early stage. and Enhancement of the Cultural regulations (24 CFR part 51). (g) Applicants for HUD assistance Environment, May 13, 1971 (3 CFR, (m) Environmental justice: Executive shall be advised of environmental 1971–1975 Comp., p. 559). Order 12898—Federal Actions to requirements and consultation with (3) The Archaeological and Historic Address Environmental Justice in governmental agencies and individuals Preservation Act of 1974, which amends Minority Populations and Low-Income shall take place at the earliest time the Reservoir Salvage Act of 1960 (16 Populations (3 CFR, 1994 Comp., p. feasible. U.S.C. 469 et seq.). (h) For HUD grant programs in which (4) Procedures for the Protection of 859). the funding approval for an applicant’s Historic and Cultural Properties §§ 50.5±50.9 [Reserved] program must occur before the (Advisory Council on Historic applicant’s selection of properties, the Preservation—36 CFR part 800). Subpart BÐGeneral Policy: application shall contain an assurance (b) Flood insurance, floodplain Responsibilities and Program that the applicant agrees to assist HUD management and wetland protection: Coverage to comply with this part and that the (1) Flood Disaster Protection Act of 1973 applicant shall: (42 U.S.C. 4001–4128) and the National § 50.10 Basic environmental (1) Supply HUD with all available, Flood Insurance Reform Act of 1994 responsibility. relevant information necessary for HUD (Pub. L.103–325, 108 Stat. 2160). (a) It is the responsibility of all to perform for each property any (2) HUD Procedure for the Assistant Secretaries, the General environmental review required by this Implementation of Executive Order Counsel, and the HUD approving part; 11988 of May 24, 1977 (3 CFR, 1977 official to assure that the requirements (2) Carry out mitigating measures Comp., p. 117)—24 CFR part 55, of this part are implemented. required by HUD or select alternate Floodplain Management. (b) The Assistant Secretary for eligible property; and (3) Executive Order 11990 of May 24, Community Planning and Development (3) Not acquire, rehabilitate, convert, 1977 (Protection of Wetlands), (3 CFR, (A/S CPD), represented by the Office of lease, repair or construct property, nor 1977 Comp., p. 121). Community Viability, whose Director commit or expend HUD or local funds (c) Coastal areas protection and shall serve as the DECO, is assigned the for these program activities with respect management: (1) The Coastal Barrier overall Departmental responsibility for to any eligible property, until HUD Resources Act, as amended by the environmental policies and procedures approval of the property is received. Coastal Barrier Improvement Act of for compliance with NEPA and the (i)(1) It is HUD policy that all property 1990 (16 U.S.C. 3501 et seq.). related laws and authorities. To the proposed for use in HUD programs be (2) The Coastal Zone Management Act extent permitted by applicable laws and free of hazardous materials, of 1972 (16 U.S.C. 1451 et seq.), as the CEQ regulations, the A/S CPD shall contamination, toxic chemicals and amended. approve waivers and exceptions or gasses, and radioactive substances, (d) Sole source aquifers: The Safe establish criteria for exceptions from the where a hazard could affect the health Drinking Water Act of 1974 (42 U.S.C. requirements of this part. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15345

§ 50.11 [Reserved] otherwise the decision point is the HUD required by NEPA except in project approval. extraordinary circumstances § 50.12 Responsibility of the HUD approving official. (c) Public Housing Programs. (§ 50.20(b)). HUD approval or Modernization Programs: HUD approval implementation of these categories of (a) The HUD approving official shall of the modernization grants. activities and related policy actions make an independent evaluation of the (d) Property Disposition. (1) Vacant does not require environmental review, environmental issues, take land and one to four family structures: because they do not alter physical responsibility for the scope and content HUD approval of the Disposition conditions in a manner or to an extent of the compliance finding, EA or EIS, Program. that would require review under NEPA and make the environmental finding, (2) Multifamily structures, college or the other laws and authorities cited where applicable. (Also, see § 50.32.) housing, nursing homes, manufactured at § 50.4. (b) Copies of environmental reviews homes and parks, group practice (b)(1) Environmental and other and findings shall be maintained in the facilities: HUD approval of the studies, resource identification and the project file for projects, in the Rules Disposition Program. development of plans and strategies. Docket files for Federal Register (e) HUD programs subject to 24 CFR (2) Information and financial advisory publications, and in program files for part 58. For cases in which HUD services. non-Federal Register policy documents. exercises environmental responsibility (3) Administrative and management §§ 50.13±50.15 [Reserved] under this part where a recipient lacks activities by HUD clients. legal capacity to do so or HUD (4) Public services that will not have Subpart CÐGeneral Policy: Decision determines to do so in place of a a physical impact or result in any Points nonrecipient responsible entity under physical changes, including but not 24 CFR part 58 (see § 50.1(d)), the limited to services concerned with § 50.16 Decision points for policy actions. decision point is: HUD’s execution of an employment, crime prevention, child Either an EA and FONSI or an EIS on agreement or contract, whichever comes care, health, drug abuse, education, all policy actions not meeting the first, or in the case of Section 8 Project- counseling, energy conservation and criteria of § 50.19 shall be completed Based Certificate Assistance and welfare or recreational needs. prior to the approval action. Policy Moderate Rehabilitation, HUD (5) Inspections and testing of actions include all proposed Federal notification to the PHA to proceed with properties for hazards or defects. Register policy documents and other execution of an Agreement to Enter into (6) Purchase of insurance. policy-related Federal actions (40 CFR Housing Assistance Payments (HAP) (7) Purchase of tools. 1508.18). The decision as to whether a Contract. (8) Engineering or design costs. (9) Technical assistance and training. proposed policy action is categorically (f) Notwithstanding the other (10) Assistance for temporary or excluded from an EA shall be made by paragraphs of this section, the decision permanent improvements that do not the PECO as early as possible. Where point for grant programs in which HUD alter environmental conditions and are the PECO has any doubt as to whether approval of funding for an applicant’s limited to protection, repair or a proposed action qualifies for program must occur before the restoration activities necessary only to exclusion, the PECO shall request a applicant’s selection of properties for control or arrest the effects from determination by the AS/CPD. The EA use in its program is: HUD approval of disasters, imminent threats or physical and FONSI may be combined into a specific properties (see § 50.3(h)). single document. deterioration. (g) Steward B. McKinney Homeless (11) Tenant-based rental assistance. § 50.17 Decision points for projects. Assistance Act Programs. Where the (12) Supportive services including, Either an EA and FONSI or an EIS for recipients are nonprofit organizations or but not limited to, health care, housing individual projects shall be completed governmental entities with special or services, permanent housing placement, before the applicable program decision limited purpose powers, the decision day care, nutritional services, short-term points described in this section for point is: HUD project approval. payments for rent/mortgage/utility projects not meeting the criteria of (h) Programs not specifically covered costs, and assistance in gaining access to § 50.20. Compliance with applicable in this section. Consult with the AS/ local, State, and Federal government authorities cited in § 50.4 shall be CPD for decision points. benefits and services. (13) Operating costs including completed before the applicable Subpart DÐGeneral Policy: maintenance, security, operation, program decision points described in Environmental Review Procedures this section unless the project meets the utilities, furnishings, equipment, criteria for exclusion under § 50.19. § 50.18 General. supplies, staff training and recruitment (a) New Construction. (1) Project HUD may, from time to time, and other incidental costs; however, in mortgage insurance or other financial complete programmatic reviews that the case of equipment, compliance with assistance for multifamily housing further avoid the necessity of complying § 50.4(b)(1) is required. projects (including Sections 202 and with the laws and authorities in § 50.4 (14) Economic development activities, 811), nursing homes, group practice on a property-by-property basis. including but not limited to, equipment facilities and manufactured home parks: purchase, inventory financing, interest Issuance of Site Appraisal and Market § 50.19 Categorical exclusions not subject subsidy, operating expenses and similar Analysis (SAMA) Letter or initial to the Federal laws and authorities cited in costs not associated with construction equivalent indication of HUD approval § 50.4. or expansion of existing operations; of a specific site; (a) The activities listed in this section however, in the case of equipment (2) Public Housing: PHA proposal are not subject to the individual purchase, compliance with § 50.4(b)(1) approval. compliance requirements of the Federal is required. (b) Rehabilitation. Rehabilitation laws and authorities cited in § 50.4, (15) Activities to assist Projects: Use the decision points under unless otherwise indicated in this homeownership of existing dwelling ‘‘new construction’’ for HUD programs section. These activities are also units, including closing costs and down cited in paragraph (a) of this section; categorically excluded from the EA payment assistance to home buyers, 15346 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules interest buydowns and similar activities review provisions of the regulation or (b) For categorical exclusions having that result in the transfer of title to a guideline; the potential for significant impact property; however, compliance with (6) Statutorily required and/or because of extraordinary circumstances, § 50.4 (b)(1) and (c)(1), and 24 CFR discretionary establishment and review HUD must prepare an EA in accordance 51.303(a)(3) is required. of interest rates, loan limits, building with subpart E of this part. If it is (16) Housing pre-development costs cost limits, prototype costs, fair market evident without preparing an EA that an including legal, consulting, developer rent schedules, HUD-determined EIS is required pursuant to § 50.42, HUD and other costs related to site options, prevailing wage rates, and similar rate should proceed directly to the project financing, administrative costs and cost determinations and related preparation of an EIS in accordance and fees for loan commitments, zoning external administrative or fiscal with subpart F of this part. approvals, and other related activities requirements or procedures which do which do not have a physical impact. not constitute a development decision § 50.21 Aggregation. (17) HUD’s endorsement of one-to- that affects the physical condition of Activities which are geographically four family mortgage insurance under specific project areas or building sites. related and are logical parts of a the Direct Endorsement program and composite of contemplated HUD § 50.20 Categorical exclusions subject to projects shall be evaluated together. HUD’s acceptance for insurance of loans the Federal laws and authorities cited in under Title I of the National Housing § 50.4. § 50.22 Environmental management and Act; however, compliance with § 50.4 (a) The following actions, activities monitoring. (b)(1) and (c)(1), and 24 CFR and programs are categorically excluded An Environmental Management and 51.303(a)(3) is required. from the NEPA requirements of this Monitoring Program shall be established (18) HUD’s endorsement of one-to- part. However, they are not excluded prior to project approval when it is four family mortgage insurance for from individual compliance deemed necessary by the HUD proposed construction under Improved requirements of other environmental approving official. The program shall be Area processing, however, the statutes, Executive orders and HUD part of the approval document and Appraiser/Review Appraiser Checksheet standards cited in § 50.4, where must: (Form HUD–54891) must be completed. appropriate. Form HUD–4128 shall be (a) Be concurred in by the FECO and (19) Activities of the Government used to document compliance. Where any cooperating agencies; National Mortgage Association under the responsible official determines that (b) Contain specific standards, Title III of the National Housing Act, 12 any item identified in this paragraph safeguards and commitments to be U.S.C. 1716 et seq. may have an environmental effect completed during project (20) Activities under the Interstate because of extraordinary circumstances implementation; Land Sales Full Disclosure Act (15 (40 CFR 1508.4), the requirements of (c) Identify the staff who will be U.S.C. 1701 et seq.). NEPA shall apply (see paragraph (b) of responsible for the post-approval (c)(1) Approval of policy documents this section). inspection; and that do not direct, provide for assistance (1) Special projects directed to the (d) Specify the time periods for or loan and mortgage insurance for, or removal of material and architectural conducting the evaluation and otherwise govern or regulate property barriers that restrict the mobility of and monitoring the applicant’s compliance acquisition, disposition, lease, accessibility to elderly and persons with with the project agreements. rehabilitation, alteration, demolition, or disabilities. new construction, or set out or provide (2) Rehabilitation of structures when § 50.23 Public participation. for standards for construction or the following conditions are met: HUD shall inform the affected public construction materials, manufactured (i) In the case of residential buildings, about NEPA-related hearings and public housing, or occupancy. the unit density is not changed more meetings and environmental (2) Approval of policy documents that than 20 percent; documents. Where project actions result amend a previous document where the (ii) The project does not involve in a FONSI, the FONSI will be available underlying document as a whole would changes in land use (from non- in the project file. In all cases, HUD not fall within the exclusion but the residential to residential or from shall mail notices to those who have amendment by itself would do so. residential to non-residential); and requested them. Additional efforts for (3) Approval of policy documents that (iii) The estimated cost of involving the public in specific notice set out fair housing or rehabilitation is less than 75 percent of or compliance requirements shall be nondiscrimination standards or provide the total estimated cost of replacement made in accord with the NEPA-related for assistance in promoting or enforcing after rehabilitation. laws and authorities and their fair housing or nondiscrimination. (3) An individual action on a one- to implementing procedures cited in (4) Approval of handbooks, notices four-family dwelling or an individual § 50.4. and other documents that provide action on a project of five or more units (a) A NOI/EIS shall be forwarded to operating instructions and procedures developed on scattered sites when the the AS/CPD to the attention of the in connection with activities under a sites are more than 2,000 feet apart and DECO for publication in the Federal Federal Register document that has there are not more than four units on Register. previously been subject to a required any one site. (b) Notices will be bilingual if the environmental review. (4) Acquisition or disposition of, or affected public includes a significant (5) Approval of a Notice of Funding equity loans on, an existing structure. portion of non-English speaking persons Availability (NOFA) that provides (5) Purchased or refinanced housing and will identify a date when the funding under, and does not alter and medical facilities under section official public involvement element of environmental requirements of, a 223(f) of the National Housing Act (12 the proposed action is to be completed regulation or program guideline that U.S.C. 1715n). and HUD internal processing is to was previously published in the Federal (6) Mortgage prepayments or plans of continue. Register, provided that the NOFA actions (including incentives) under 24 (c) All notices shall be published in specifically refers to the environmental CFR part 248. an appropriate local printed news Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules 15347 medium, and sent to individuals and the absence of a FECO, to the PECO for the EA and be responsible for the groups known to be interested in the review and comment. required environmental finding. proposed action. § 50.33 Action resulting from the § 50.36 Updating of environmental (d) All notices shall inform the public assessment. reviews. where additional information may be (a) A proposal may be accepted obtained. The environmental review must be re- without modifications if the EA evaluated and updated when the basis § 50.24 HUD review of another agency's indicates that the proposal will not for the original environmental or EIS. significantly (see 40 CFR 1508.27) affect compliance findings is affected by a Where another agency’s EIS is the quality of the human environment major change requiring HUD approval referred to the HUD FO in whose and a FONSI is prepared. in the nature, magnitude or extent of a jurisdiction the project is located, the (b) A proposal may be accepted with project and the project is not yet FECO shall determine whether HUD has modifications provided that: complete. A change only in the amount (1) Changes have been made that an interest in the EIS and, if so, will of financing or mortgage insurance would reduce adverse environmental review and comment. Any EIS received involved does not normally require the impact to acceptable and insignificant from another Federal agency requesting environmental review to be re-evaluated levels; and or updated. comment on legislative proposals, (2) An Environmental Management regulations, or other policy documents and Monitoring Program is developed in §§ 50.37±50.40 [Reserved] shall be sent to the AS/CPD for accordance with § 50.22 when it is comment, and the AS/CPD shall provide deemed necessary by the HUD Subpart FÐEnvironmental Impact the General Counsel the opportunity for approving official. Statements comment. (c) A proposal should be rejected if § 50.41 EIS policy. §§ 50.25±50.30 [Reserved] significant and unavoidable adverse environmental impacts would still exist EIS’s will be prepared and considered Subpart EÐEnvironmental after modifications have been made to in program determinations pursuant to Assessments and Related Reviews the proposal and an EIS is not prepared. the general environmental policy stated (d) A proposal (if not rejected) shall in § 50.3 and 40 CFR 1505.2(b) and (c). § 50.31 The EA. require an EIS if the EA indicates that § 50.42 Cases when an EIS is required. (a) Form HUD–4128—Environmental significant environmental impacts Assessment and Compliance Findings would result. (a) An EIS is required if the proposal for the Related Laws is the EA form to is determined to have a significant § 50.34 Time delays for exceptional impact on the human environment be used for analysis and documentation circumstances. by HUD for projects and activities under pursuant to subpart E of this part. subpart E of this part. The DECO shall (a) Under the circumstances described (b) An EIS will normally be required approve the issuance of equivalent in this section, the FONSI must be made if the proposal: formats, if Form HUD–4128 does not available for public review for 30 (1) Would provide a site or sites for meet specific program needs. calendar days before a final decision is nursing homes containing a total of made whether to prepare an EIS and 2,500 or more beds; or (b) The program representative shall before the HUD action is taken. The obtain interdisciplinary assistance from (2) Would remove, demolish, convert, circumstances are: or substantially rehabilitate 2,500 or professional experts and other HUD staff (1) When the proposed action is, or is more existing housing units (but not as needed. Additional information may closely similar to, one which normally including rehabilitation projects also be requested of the sponsor/ requires the preparation of an EIS categorically excluded under § 50.20), or applicant. HUD is responsible for pursuant to § 50.42(b) but it is which would result in the construction assessing and documenting the extent of determined, as a result of an EA or in or installation of 2,500 or more housing the environmental impact. the course of preparation of a draft EIS, units, or which would provide sites for that the proposed action will not have § 50.32 Responsibility for environmental 2,500 or more housing units. processing. a significant impact on the human environment; or (c) When the environmental concerns The program staff in the HUD office (2) When the nature of the proposed of one or more Federal authorities cited responsible for processing the project action is without precedent and does in § 50.4 will be affected by the application or recommending a policy not appear to require more than an proposal, the cumulative impact of all action is responsible for conducting the assessment. such effects should be assessed to compliance finding, EA, or EIS. The (b) In such cases, the FONSI must be determine whether an EIS is required. collection of data and studies as part of concurred in by the AS/CPD and the However, where all of the affected the information contained in the PECO. Notice of the availability of the authorities provide alternative environmental review may be done by FONSI shall be given to the public in procedures for resolution, those an applicant or the applicant’s accordance with paragraphs (a) through procedures should be used in lieu of an contractor. The HUD program staff may (d) of § 50.23. EIS. use any information supplied by the applicant or contractor, provided HUD § 50.35 Use of prior environmental § 50.43 Emergencies. independently evaluates the assessments. In cases of national emergency and information, will be responsible for its When other Federal, State, or local disasters or cases of imminent threat to accuracy, supplements the information, agencies have prepared an EA or other health and safety or other emergency if necessary, to conform to the environmental analysis for a proposed which require the taking of an action requirements of this part, and prepares HUD project, these documents should with significant environmental impact, the environmental finding. Assessments be requested and used to the extent the provisions of 40 CFR 1506.11 and of for projects over 200 lots/dwelling units possible. HUD must, however, conduct any applicable § 50.4 authorities which or beds shall be sent to the FECO or, in the environmental analysis and prepare provide for emergencies shall apply. 15348 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed Rules

§§ 50.44Ð50.50 [Reserved] Dated: February 26, 1996. Henry G. Cisneros, Secretary. [FR Doc. 96–8379 Filed 4–4–96; 8:45 am] BILLING CODE 4210±32±P federal register April 5,1996 Friday and UrbanDevelopment;FinalRule Employees oftheDepartmentHousing Standards ofEthicalConductfor Office oftheSecretary;Supplemental 24 CFRPart0 Development Housing andUrban Department of Part III 15349 15350 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND Other Matters Executive Order 12606, The Family URBAN DEVELOPMENT Regulatory Flexibility Act The General Counsel, as the Designated Official under Executive 24 CFR Part 0 The Secretary in accordance with the Order 12606, The Family, has Regulatory Flexibility Act (5 U.S.C. determined that this rule does not have [Docket No. FR±3331±F±02] 605(b)), has reviewed and approved this potential for significant impact on rule, and in so doing certifies that this family formation, maintenance, and RIN 2501±AB55 rule would not have a significant general well-being, and, thus, is not economic impact on a substantial subject to review under the order. No Office of the Secretary; Supplemental number of small entities because it significant change in existing HUD Standards of Ethical Conduct for would affect only Federal employees. policies or programs would result from Employees of the Department of promulgation of this rule, as those Housing and Urban Development Environmental Impact policies and programs relate to family concerns. AGENCY: Office of the Secretary, (HUD). In accordance with 40 CFR 1508.4 of ACTION: Final rule. the regulations of the Council on List of Subjects in 24 CFR Part 0 Environmental Quality and 24 CFR Administrative practice and SUMMARY: This final rule issued by the 50.20(k) of the HUD regulations, the procedure, Conflict of interests. Department of Housing and Urban policies and procedures contained in Accordingly, for the reasons set forth Development (Department) removes the this rule relate only to internal in the preamble, part 0 of title 24 of the current text of 24 CFR part 0, and administrative procedures whose Code of Federal Regulations is revised replaces it with a single section that content does not constitute a to read as follows: provides a cross-reference to 5 CFR development decision nor affect the parts 2634 and 2635. physical condition of project areas or PART 0ÐSTANDARDS OF CONDUCT EFFECTIVE DATE: May 6, 1996. building sites, and therefore, are categorically excluded from the Sec. FOR FURTHER INFORMATION CONTACT: requirements of the National 0.1 Cross-reference to employees ethical Aaron Santa Anna, Assistant General Environmental Policy Act. conduct standards and financial Counsel, Ethics Law Division, at (202) disclosure regulations. 708–3815, or Sam E. Hutchinson, Executive Order 12612, Federalism Authority: 5 U.S.C. 7301; 42 U.S.C. Associate General Counsel, Office of 3535(d). Human Resources Law, (202) 708–0888; The General Counsel, as the 451 Seventh Street SW., Washington, Designated Official under section 6(a) of § 0.1 Cross-reference to employees ethical Executive Order 12612, Federalism, has conduct standards and financial disclosure DC 20410. Hearing or speech-impaired regulations. individuals may call HUD’s TDD determined that the policies contained number (202) 708–3259. (Telephone in this rule will not have substantial Employees of the Department of numbers are not toll-free.) direct effects on States or their political Housing and Urban Development subdivisions, or the relationship (Department) are subject to the SUPPLEMENTARY INFORMATION: As executive branch-wide standards of between the Federal Government and proposed in a rule published on June ethical conduct at 5 CFR part 2635 and the states, or on the distribution of 30, 1995 (60 FR 34420), the Department the executive branch-wide financial power and responsibilities among the is here removing its superseded disclosure regulation at 5 CFR part Standards of Conduct at 24 CFR part 0 various levels of government. 2634. and is replacing those provisions with a Specifically, this rule is only directed single section that provides a cross- toward Federal employees and would Dated: March 29, 1996. reference to 5 CFR parts 2634 and 2635. not alter the established roles of HUD Henry G. Cisneros, The one comment received on the and the States and local governments. Secretary. proposed rule will be addressed in a As a result, the rule is not subject to [FR Doc. 96–8380 Filed 4–4–96; 8:45 am] subsequent rule. review under the order. BILLING CODE 4210±32±P federal register April 5,1996 Friday Availability; Notice Update ReportsforMarketedDrugs; Safety DataManagement:Periodic Harmonisation; DraftGuidelineonClinical International Conferenceon Food andDrugAdministration Services Health andHuman Department of Part IV 15351 15352 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

DEPARTMENT OF HEALTH AND Rockville, MD 20857, 301–827– sponsors must continue to comply with HUMAN SERVICES 0864. the existing regulations. SUPPLEMENTARY INFORMATION: In recent The draft guideline provides guidance Food and Drug Administration years, many important initiatives have on the content, format, and reporting [Docket No. 96D±0041] been undertaken by regulatory frequency for postmarketing periodic authorities and industry associations to safety update reports. The draft International Conference on promote international harmonization of guideline also defines basic terms for Harmonisation; Draft Guideline on regulatory requirements. FDA has postmarketing periodic reporting, such Clinical Safety Data Management: participated in many meetings designed as ‘‘company core data sheet,’’ Periodic Safety Update Reports for to enhance harmonization and is ‘‘company core safety information,’’ Marketed Drugs; Availability committed to seeking scientifically ‘‘data lock-point (data cut-off date),’’ based harmonized technical procedures ‘‘international birth date,’’ ‘‘listed AGENCY: Food and Drug Administration, for pharmaceutical development. One of adverse drug reaction,’’ ‘‘spontaneous HHS. the goals of harmonization is to identify adverse drug reaction report ACTION: Notice. and then reduce differences in technical (spontaneous notification),’’ and requirements for drug development ‘‘unlisted adverse drug reaction.’’ The SUMMARY: The Food and Drug among regulatory agencies. draft guideline is designed primarily for Administration (FDA) is publishing a ICH was organized to provide an medicinal products authorized recently draft guideline entitled ‘‘Clinical Safety opportunity for tripartite harmonization or in the future. It is most relevant for Data Management: Periodic Safety initiatives to be developed with input products marketed in more than one Update Reports For Marketed Drugs.’’ from both regulatory and industry ICH country. The draft guideline was prepared under representatives. FDA also seeks input In the past, guidelines have generally the auspices of the International from consumer representatives and been issued under § 10.90(b) (21 CFR Conference on Harmonisation of others. ICH is concerned with 10.90(b)), which provides for the use of Technical Requirements for Registration harmonization of technical guidelines to state procedures or of Pharmaceuticals for Human Use requirements for the registration of standards of general applicability that (ICH). The draft guideline provides a pharmaceutical products among three are not legal requirements but are unified standard for the format, content, regions: The European Union, Japan, acceptable to FDA. The agency is now and reporting frequency for and the United States. The six ICH in the process of revising § 10.90(b). postmarketing periodic safety update sponsors are the European Commission, Although this guideline does not create reports. The draft guideline also the European Federation of or confer any rights for or on any person provides definitions and terms for key Pharmaceutical Industries Associations, and does not operate to bind FDA, it aspects of postmarketing periodic safety the Japanese Ministry of Health and does represent the agency’s current reporting. The guideline is intended to Welfare, the Japanese Pharmaceutical thinking on periodic safety update help harmonize collection and Manufacturers Association, the Centers reports for marketed drugs. submission of postmarketing clinical for Drug Evaluation and Research and Interested persons may, on or before safety data. Biologics Evaluation and Research, July 5, 1996, submit written comments DATES: Written comments by July 5, FDA, and the Pharmaceutical Research on the draft guideline to the Dockets 1996. and Manufacturers of America. The ICH Management Branch (address above). ADDRESSES: Submit written comments Secretariat, which coordinates the Two copies of any comments are to be on the draft guideline to the Dockets preparation of documentation, is submitted, except that individuals may Management Branch (HFA–305), Food provided by the International submit one copy. Comments are to be and Drug Administration, 12420 Federation of Pharmaceutical identified with the docket number Parklawn Dr., rm.1–23, Rockville, MD Manufacturers Associations (IFPMA). found in brackets in the heading of this 20857. Copies of the draft guideline are The ICH Steering Committee includes document. The draft guideline and available from the Division of representatives from each of the ICH received comments may be seen in the Communications Management (HFD– sponsors and the IFPMA, as well as office above between 9 a.m. and 4 p.m., 210), Center for Drug Evaluation and observers from the World Health Monday through Friday. Research, Food and Drug Organization, the Canadian Health The text of the draft guideline follows: Administration, 7500 Standish Pl., Protection Branch, and the European Rockville, MD 20855, 301–594–1012. Clinical Safety Data Management: Periodic Free Trade Area. Safety Update Reports for Marketed Drugs An electronic version of this guideline At a meeting held on November 29, is also available via Internet by 1995, the ICH Steering Committee 1. Introduction connecting to the CDER file transfer agreed that a draft guideline entitled 1.1 Objectives of the guideline protocol (FTP) server ‘‘Clinical Safety Data Management: The main objective of ICH is to harmonize (CDVS2.CDER.FDA.GOV). Periodic Safety Update Reports for technical requirements before registration or FOR FURTHER INFORMATION CONTACT: Marketed Drugs’’ should be made marketing approval. However, because new Regarding the guideline: Murray M. available for public comment. The draft products are introduced at different times in Lumpkin, Center for Drug guideline is the product of the Efficacy different markets and the same product may Evaluation and Research (HFD–2), Expert Working Group of the ICH. be marketed in one or more countries and Food and Drug Comments about this draft will be still be under development in others, Administration, 5600 Fishers Lane, considered by FDA and the Efficacy reporting and use of clinical safety Rockville, MD 20857, 301–594– Expert Working Group. Ultimately, FDA information should be regarded as part of a continuum. The ICH Steering Committee has 6740. intends to adopt the ICH Steering decided that the harmonization of format, Regarding the ICH: Janet J. Showalter, Committee’s guideline and to amend its content, and time span covered in periodic Office of Health Affairs (HFY–20), regulations to fully implement the safety update reports for marketed drugs Food and Drug guideline. Until such time as the should be addressed by ICH, as an extension Administration, 5600 Fishers Lane, agency’s regulations are amended, of the ICH topic on Clinical Safety Data Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15353

Management: Definitions and Standards for times. Thus, efforts are needed to harmonize and renewals, which should be cumulative, Expedited Reporting. the requirements for PSUR’s, which will also all relevant clinical and nonclinical safety The regulatory requirements, particularly improve the efficiency with which they are data should cover only the period of the regarding frequency of submission and produced. report (interval data). content of periodic safety updates, are not the The current situation for periodic safety The main focus of the report should be same in the three regions. To avoid reports on marketed drugs is different among ADR’s. For spontaneous reports, unless duplication of effort and to ensure that the three ICH regions. For example: indicated otherwise by the reporting health- important data are submitted with • The United States requires quarterly care professional, all adverse experiences consistency to competent authorities, it is reports during the first 3 years, then annual should be assumed to be ADR’s; for clinical proposed to establish an international reports. FDA has recently published study and literature cases, only those judged consensus on the format and content for proposed rules 1 that take into account the not related to the drug by both the reporter periodic safety updates of marketed Council for International Organizations of and the manufacturer/sponsor should be medicinal products. Medical Sciencesse (CIOMS) Working Group excluded. II proposals. 2 Lack of efficacy, especially in the treatment 1.2 Background • In the European Union, Council Directive of serious or life-threatening conditions, may When a new medicinal product is 93/39/EEC and Council Regulation 2309/93 be reported as a ‘‘safety issue.’’ These types submitted for marketing approval, the require reports with a periodicity of 6 months of cases, especially if isolated, are not demonstration of its efficacy and the for 2 years, annually for the 3 following expected to be included in the PSUR ADR evaluation of its safety are based at most on years, and then every 5 years. data presentation (e.g., line listings or several thousand patients, except in special • In Japan, the authorities require a survey summary tabulations). However, such situations. The limited number of patients on a cohort of a few thousand patients findings should be discussed somewhere included in clinical trials, the exclusion at established by a certain number of identified within a PSUR, particularly if they represent least initially of patients at-risk, the lack of institutions during the 6 years following a potential risk to the treated population (see significant long-term treatment experience, authorization. Systematic information on this section 2.8.1). and the limitation of concomitant therapies cohort, taking into account a precise An increase in the frequency of reports for do not allow a thorough evaluation of the denominator, must be reported annually. known ADR’s has traditionally been safety profile. Under such circumstances, the Regarding other marketing experience, ADR’s considered as relevant new information. detection or confirmation of rare adverse that are both nonserious and unlabeled must Although attention should be given in the reactions is particularly difficult, if not be reported every 6 months for 3 years and PSUR to such increased reporting, no specific impossible. annually thereafter. quantitative criteria or other rules are Following a discussion of the objectives Medicinal products must be closely recommended. Judgment should be used in and general principles for preparing and such situations to determine whether the monitored, especially during the first years of submitting PSUR’s, a model for their format data reflect a meaningful change in ADR commercialization to develop a and content is presented. occurrence or safety profile. comprehensive picture of clinical safety. Appended is a glossary of important 1.4.3 Products manufactured and/or Surveillance of marketed drugs is a shared relevant terms. responsibility between regulatory authorities marketed by more than one company and marketing authorization holders (MAH). 1.3 Scope of the Guideline Each MAH is responsible for submitting They record information on drug safety from This guideline on the format and content PSUR’s, even if different companies market different sources, and procedures have been of PSUR’s is designed primarily for the same product in the same country. When developed to ensure timely detection and medicinal products approved/authorized companies are involved in contractual mutual exchange of safety data. Because all recently or in the future. relationships (e.g., licensor-licensee), information cannot be evaluated with the Although this guideline could be applied respective responsibilities for sharing safety same degree of priority, regulatory authorities to other drugs, modifications in accord with information and for safety reporting to have defined the information to be submitted local regulations may be appropriate. (See regulators should be clearly specified on an expedited basis; in most countries this section 1.4.4 for additional discussion.) between the parties to ensure that all relevant rapid transmission is usually focused on the This guideline is most relevant to products data are duly reported to appropriate expedited reporting of adverse drug reactions marketed in more than one ICH country. regulatory authorities. (ADR’s) that are both serious and When available data received from partner unexpected. 1.4 General Principles company(ies) might contribute meaningfully Reevaluation of the benefit/risk ratio of a 1.4.1 One report for one active substance to the safety analysis and influence any drug is usually not possible for each Ordinarily, all dosage forms and proposed or effected changes in the reporting individual ADR case, even if serious. formulations as well as indications for a company’s product information, these Therefore, periodic safety update reports given pharmacologically active substance relevant data should be summarized in a (PSUR’s) present the worldwide safety should be covered in one PSUR. Separate PSUR even if it is known that they are experience of a medicinal product at defined presentations of data for different dosage included in another company’s PSUR. times postauthorization to: forms, indications, or populations (e.g., 1.4.4 International birthdate and frequency of • Report all the relevant new information children versus adults) may be appropriate. review and reporting from appropriate sources; For combinations of substances also Each medicinal product should have as an • Relate these data to patient exposure; marketed individually, safety information for international birth date (IBD) the date of a • Summarize the market authorization the fixed combination might be reported company’s first marketing authorization in status in different countries and any either separately or included in the reports any country in the world. When a report significant variations related to safety; for each of the separate components, contains information on different dosage • Create periodically the opportunity for an depending on the circumstances. Cross- forms, formulations, or uses (indications, overall safety reevaluation; referencing the relevant reports is routes, populations), the date of the first • Decide whether changes should be made appropriate. marketing authorization for any of the to product information to optimize the use of 1.4.2 General scope of information various authorizations should be regarded as the product. With the exception of regulatory status the IBD and, therefore, determine the data However, if the PSUR’s required in the information on authorization applications lock point for purposes of the unified PSUR. different countries where the product is on The data lock point is the date designated as the market require a different format, content, the cutoff for data to be included in a PSUR. 1 period covered, and filing date, MAH would Adverse experience reporting requirements for During the initial years of marketing, the human drug and licensed biological products; be forced to prepare on an excessively proposed rule, Federal Register, October 27, 1994 MAH should generally freeze its data base frequent basis different reports for the same (59 FR 54046 to 54064). (and have a data lock point) every 6 months product. In addition, under such conditions, 2 International reporting of periodic drug-safety thereafter. different regulators could receive different update summaries; final report of CIOMS, Working The need for a report and the frequency of kinds and amounts of information at different Group II, CIOMS, Geneva, 1992. report submission to authorities are subject to 15354 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices local regulatory requirements. However, • Spontaneous notifications from health There are other issues regarding the independent of the required reporting care professionals; content of line listings: frequency, preparation of PSUR’s for all • Spontaneous notifications from • MAH’s can prepare line listings of regulatory authorities should be based on nonhealth care professionals or from consistent structure and content for cases data sets of 6 months or multiples thereof. consumers (nonmedically substantiated); directly reported to them (or under their The age of a drug on the market may • MAH-sponsored clinical studies or control) (see 1.4.6(a)); they can usually do the influence this process; during the initial named-patient (‘‘compassionate’’) use. same for published cases (ordinarily well years of marketing, a drug will ordinarily (b) Literature. documented; if not, followup with the author receive authorizations at different times in (c) Other sources: Regulatory authorities; is possible). However, inclusion of individual different countries. It is during this early data from exchange between contractual cases from second- or third-hand sources, period that harmonization of reporting is partners (e.g., licensors-licensees) holding such as contractual partners and special particularly important. Once a drug has been their own marketing authorizations; special registries (see section 1.4.6(c)) might not be: marketed for several years, the need for a registries such as organ toxicity monitoring (1) Possible without standardization of data comprehensive PSUR may be reviewed, centers, poison control centers, and elements, or (2) appropriate due to the depending on local regulations or requests, epidemiological data bases. paucity of information, and might represent while maintaining one IBD for all regulatory unnecessary re-entry/reprocessing of such Description of the reaction authorities. information by the MAH. Therefore, In addition, approvals beyond the initial Until an internationally agreed coding summary tabulations or possibly a narrative one for the active substance may be granted terminology (dictionary) is available and its review of these data in these circumstances for new indications, dosage forms, use broadly implemented, the event terms is acceptable. populations, or prescription status (e.g., used in the PSUR will generally be derived • An exception to the above consideration children versus adults; prescription to from whatever standard terminology is the case reports received directly by nonprescription status). The potential (‘‘controlled vocabulary’’ or ‘‘coding regulatory authorities (but not by MAH) that consequences on the safety profile raised by dictionary’’) is used by the reporting might be transmitted to the MAH. such new types and extent of population company (e.g., WHO–ART, COSTART). In addition to individual case line listings, exposures may influence the requirements Whenever possible, the notifying reporter’s summary tabulations of the various signs, for periodic reporting. event terms should be used to describe the symptoms, and diagnoses across all patients The MAH should submit a PSUR within 60 ADR. However, when the notifying reporter’s should usually be presented to provide an days of the data lock point. terms are not medically appropriate or overview. Such tabulations should be based 1.4.5 Reference product information meaningful, MAH’s should use the best on the data in line listings (e.g., all serious alternative compatible event terms from their The objective of a PSUR is to establish ADR’s and all nonserious unlisted ADR’s), ADR dictionaries to ensure the most accurate but also on other sources for which line whether information recorded during the representation as possible of the original reporting period is in accord with previous listings are not requested (e.g., nonserious terms. Under such circumstances, the listed ADR’s). Details are found in Section knowledge on the drug’s safety, and to decide following should be borne in mind: whether changes should be made to product 2.6.4. • To make it available on request, the It is worth noting that work in progress information. Reference information is needed ‘‘verbatim’’ information supplied by the to perform this comparison. In addition, may in the future enable routine electronic notifying reporter should be kept on file (in having one reference source of information in transmission of detailed ADR case report the original language and/or as a medically common for the three ICH regions will information on a regular basis between MAH sound English translation, if applicable). facilitate a practical, efficient, and consistent and regulatory authorities. When • In the absence of a diagnosis by the approach to the safety evaluation and make implemented, this may obviate the need for reporting health-care professional, a the PSUR a unique report accepted in all line listings within a PSUR, which for some suggested diagnosis for a symptom complex areas. products might be very extensive. may be made by the MAH and used to Based on the common practice for MAH’s describe a case, in addition to presenting the 2. Model for a PSUR to prepare their own ‘‘Company Core Data Sheet’’(CCDS), a practical option for the reported individual signs, symptoms, and The following sections are organized as a laboratory data. sample PSUR. In each of the sections, purpose of periodic reporting is to use, as a • reference, the safety information contained If a MAH disagrees with a diagnosis that guidance is provided on what should be within that central document. In addition to is provided by the notifying health care included: this safety information, a full company CCDS professional, it may indicate such disagreement within the line listing of cases Sample Title Page covers material relating to indications, • dosing, pharmacology, and other areas that (see below). Periodic safety update report for: • It is incumbent on the MAH to report and (product); are not necessarily safety related. Reference • safety information will therefore be referred try to understand all information provided MAH’s name and address (corporate to as ‘‘Company Core Safety Information’’ within a case report, such as laboratory headquarters or other company entity abnormalities possibly drug related but not responsible for report preparation); (CCSI). • For purposes of periodic safety reporting, identified as such by the notifying reporter. Period covered by this report: (dates); • CCSI forms the basis for determining whether Therefore, when necessary and relevant, International birth date: date (country of an ADR is already ‘‘Listed’’ or is still two descriptions of the signs, symptoms, or IBD); • ‘‘Unlisted,’’ terms that are introduced to diagnosis could be presented in the line Date of report; • distinguish them from the usual terminology listing: First, the reaction as originally (Other identifying information at the of ‘‘expectedness’’ or ‘‘labeledness’’ that is reported; second, when it differs, the MAH’s option of MAH, such as report number). medical interpretation (identified by asterisk used in association with official labeling. Table of Contents for Model PSUR Thus, the local approved product or other means). • Introduction; information continues to be the reference Line listings and/or summary tabulations • document upon which labeledness/ Worldwide market authorization status; • expectedness is based for the purpose of Depending on their type or source, Update of regulatory authority or MAH ‘‘expedited’’ postmarketing safety reporting. available ADR cases should be presented as actions taken for safety reasons; individual case line listings and/or as • Changes to reference product 1.4.6 Presentation of data on individual case summary tabulations. information; histories sources of information A line listing provides key information but • Patient exposure; Generally, data from the three following not necessarily all the details customarily • Presentation of individual case histories; sources of ADR case information are collected on individual cases; however, it • Studies; potentially available to a MAH and could be does serve to help regulatory authorities • Other information; included in the PSUR: identify cases that they might wish to • Overall safety evaluation; (a) Direct reports to MAH (or under MAH examine more completely by requesting full • Conclusion; control): case reports. • Appendix: Company Core Data Sheet. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15355

2.1 Introduction • Failure to obtain a marketing denominator(s) should be provided. For The MAH should briefly introduce the authorization renewal; ongoing and/or blinded studies, an • Restrictions on distribution; estimation of patient exposure may be made. product so that the report ‘‘stands alone’’ but • is also placed in perspective relative to Clinical trial suspension; • Dosage modification; 2.6 Presentation of Individual Case Histories previous reports and circumstances. • Reference should be made not only to Changes in target population or 2.6.1 General considerations indications; • Followup data on individual cases may product(s) covered by the report but also • those excluded. Exclusions should be Formulation changes. be obtained subsequent to their inclusion in explained; for example, they may be covered The safety related reasons that led to these a PSUR. If such information is relevant to the in a separate report (e.g., for a combination actions should be described, and interpretation of the case (significant impact product). documentation appended when appropriate. on the case description or analysis, for If it is known that a PSUR on the same 2.4 Changes to Reference Product example), the new information should be product(s) will be submitted by another Information presented in the next PSUR, and the MAH, some of whose data are included in correction or clarification noted relative to The CCDS with its CCSI should be the report (see section 1.4.6), the possibility the earlier case description. numbered and dated and include the date of of data duplication should be noted. • With regard to the literature, MAH’s last revision. The version in effect at the For multiple dosage forms, indications, should monitor standard, recognized journals beginning of the period covered by the report populations, etc., one report is preferred in for safety information on their products and/ should be used as a reference; a copy should most cases. When appropriate, data or make use of one or more literature search/ be included as an appendix with the PSUR. presentations within the report may be summary service(s) for that purpose. Changes to the CCSI, such as new separated accordingly. Published cases may also have been received contraindications, precautions, warnings, as spontaneous cases, be derived from a 2.2 Worldwide Market Authorization Status ADR’s, or interactions, already made during sponsored clinical study, or arise from other the period covered by the report, should be This section of the report is ordinarily the sources. Care should be taken to include such clearly described, with presentation of the only one that provides cumulative cases only once. Also, no matter what modified sections. The new document information. ‘‘primary source’’ is given a case, if there is should be used as the reference for the next Information should be provided, usually as a publication, it should be noted and the report and the next period. a table, on all countries in which a regulatory literature citation given. With the exception of emergency decision about marketing has been made • In some countries, there is no situations, it may take some time before related to the following: requirement to submit medically • intended modifications are introduced in the Dates of market authorization or renewal; unconfirmed spontaneous reports that • product-information materials provided to Any qualifications surrounding the originate with consumers or other nonhealth prescribers, pharmacists, and consumers. authorization, such as limits on indications care professionals. However, such reports are Therefore, during that period the amended if relevant to safety; acceptable or requested in other countries; • reference document (CCDS) may contain Treatment indications and special therefore, medically unconfirmed reports more ‘‘listed’’ information than the existing populations covered by the market should be submitted as addenda line listings product information in many countries. authorization, when relevant; and/or summary tabulations only on specific • When meaningful differences exist Lack of approval by regulatory request by regulatory authorities. authorities; between the CCSI and the safety information • Withdrawal by the applicant of a in the official data sheets/product 2.6.2 Cases presented as line listings submission; information documents approved in a The following types of cases should be • Dates of launch when known; country, a brief comment should be prepared included in the line listings (Table 2): • Trade name(s). by the company, describing the local • All serious reactions, and nonserious Typically, indications for use, populations differences and their consequences on the unlisted reactions, from spontaneous treated (e.g., children versus adults), and overall safety evaluation and on the actions notifications; dosage forms will be the same in many or proposed or initiated. This commentary may • All serious reactions (attributable by even most countries where the product is be provided in the cover letter or other either investigator or sponsor), available from authorized. However, when there are addendum accompanying the local studies or named-patient (‘‘compassionate’’) important differences, which would reflect submission of the PSUR. use; different types of patient exposure, such • 2.5 Patient Exposure All serious reactions, and nonserious information should be noted. This is unlisted reactions, from the literature; especially true if there are meaningful Where possible, the estimation of patient • All serious reactions from regulatory differences in the newly reported safety exposure should cover the same period as the authorities information that are related to such different interim safety data. Ideally it should give the Collection and reporting of nonserious, exposures. If more convenient and useful, number of patients or prescriptions, and listed ADR’s may not be required in all ICH separate regulatory status tables for different duration of exposure, data that are countries. However, a line listing of product uses or forms would be appropriate. admittedly difficult to obtain and to validate. spontaneously reported nonserious listed Country entries should be listed in However, a reasonable method should be reactions that have been collected should be chronological order of regulatory used with proper explanation and submitted as an addendum to the PSUR only authorizations. For multiple authorizations justification, particularly if it is not the same when requested by a regulatory authority. in the same country (e.g., new dosage forms), as used in the previous report(s). Attempts 2.6.3 Presentation of the line listing the IBD for the active substance and for all should be made to obtain the most useful and PSUR’s should be the first (initial) relevant quantification. Examples include The line listing(s) should include each authorization date. patient-months or patient-days of exposure, patient only once regardless of how many Table 1 is an example, with fictitious data number of dosage units by form and strength, adverse event/reaction terms are reported for for an antibiotic, of how a table might be or if other more precise measures are not the case. If more than one adverse event/ organized. The drug was initially developed available, bulk sales (tonnage). The concept reaction term, they should all be mentioned as a solid oral dosage form for outpatient of a defined daily dose may be used in but the case should be listed under the most treatment of adults with various infections. arriving at exposure estimates. serious presenting sign, symptom, or If available, details by country (with locally diagnosis, as judged by the MAH. The cases 2.3 Update of Regulatory Authority or MAH recommended daily dose) or other should be organized (tabulated) by body Actions Taken for Safety Reasons segmentation (e.g., indication, dosage form) system (standard organ system classification This section should include details on the should be presented when relevant (e.g., scheme). following types of activity during the when a pattern of reports indicates a The following headings should usually be reporting period: potential problem). included in the line listing: • Application withdrawal or marketing When ADR data from clinical studies are • MAH case reference number; authorization suspension; included in the PSUR, the relevant • Country in which case occurred; 15356 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

• Source (e.g., clinical trial, literature, 2.7 Studies The report should also explicitly address spontaneous, regulatory authority); All completed studies (nonclinical, any new safety issue or new information on • Age and sex; the following (lack of significant new • clinical, epidemiological) yielding safety Daily dose of suspected drug (and, when information with potential impact on product information should be mentioned for each): relevant, dosage form or route); • Drug interactions; • information, and studies specifically planned Date of onset of the reaction. If not or in progress that address safety issues, • Experience with overdose and its available, best estimate of time to onset from should be discussed. treatment; therapy initiation. For an ADR known to • 2.7.1 Newly analyzed company-sponsored Drug abuse; occur after cessation of therapy, estimate of • studies Positive or negative experiences during time lag if possible (may go in Comments pregnancy or lactation; section); All relevant studies containing important • Experience in special patient groups (e.g., • Dates of treatment. If not available, best safety information and newly analyzed children, elderly, organ impaired); estimate of treatment duration; during the reporting period should be • Effects of long-term treatment. • Description of reaction as reported, and described, including those from when necessary as interpreted by the MAH epidemiological, toxicological, or laboratory 2.10 Conclusion (English translation when necessary) (See investigations. The results should be clearly The conclusion should: section 1.4.6 for guidance.); presented with attention to the usual • • Patient outcome (at case level) (e.g., standards of data analysis and description Indicate which safety data do not remain resolved, fatal, improved, sequelae, that are applied to nonclinical and clinical in accord with the previous cumulative unknown); study reports. Copies of full reports should experience, and with the reference safety • Comments, if relevant (e.g., concomitant be appended only if deemed appropriate. information (CCSI); • medications suspected to play a role in the Specify and justify any action 2.7.2 Targeted new safety studies planned, recommended or initiated. reactions directly or by interaction; initiated, or continuing during the reporting Appendix: Company Core Data Sheet indication treated with suspect drug(s); period. dechallenge/rechallenge results if available). The Company Core Data Sheet should be Depending on the product or New studies specifically planned or appended to the PSUR. circumstances, it may be useful or practical conducted to examine a safety issue (actual 3. Glossary of Special Terms to have more than one line listing, such as or hypothetical) should be described (e.g., for different dosage forms or indications, if objective, starting date, projected completion Company Core Data Sheet (CCDS)–A such differentiation facilitates presentation date, number of subjects, protocol abstract). document prepared by the MAH containing, and interpretation of the data. When possible and relevant, interim in addition to all relevant safety information, results of ongoing studies may be presented. 2.6.4 Summary tabulations material relating to indications, dosing, When completed and analyzed, the results pharmacology, and other areas that are not An aggregate summary for each of the line should be presented in a subsequent PSUR as necessarily safety related. listings should usually be presented. These described under 2.7.1. Company Core Safety Information (CCSI)– tabulations ordinarily contain more terms 2.7.3 Published safety studies All relevant safety information contained in than patients. It would be useful to have separate tabulations (or columns) for serious Reports in the scientific and medical the CCDS prepared by the MAH and which reactions and for nonserious reactions, for literature containing important safety the MAH requires to be listed in all countries listed and unlisted reactions; other findings (positive or negative) should be where the company markets the drug, except breakdowns might also be appropriate (e.g., summarized. Published abstracts from when the local regulatory authority by source of report). (See Table 3 for an relevant meetings should also be discussed. specifically requires a modification. It is the reference information by which listed and example of a data presentation.) 2.8 Other Information A summary tabulation should be provided unlisted are determined for the purpose of for the nonserious, listed, spontaneously 2.8.1 Efficacy-related information periodic reporting for marketed products, but reported reactions. (See also section 2.6.2.) Any information relating to a product’s not by which expected and unexpected are The terms used in these tables should efficacy that has implications or determined for expedited reporting. ordinarily be those used by the MAH to consequences for safety should be described, Data Lock Point (Data Cut-off Date)–The describe the case. (See section 1.4.6.) such as unexpected significant lack of date designated as the cut-off date for data to Except for cases obtained from regulatory efficacy in the population under treatment be included in a PSUR. It is based on the authorities, the data on serious reactions for a life-threatening disease. International Birth Date (IBD) and should from other sources (see section 1.4.6(c)) 2.8.2 Late-breaking information usually be in 6 monthly increments. generally should be presented only as a International Birth Date (IBD)–The date of Any important, new information received summary tabulation. If useful, the tabulations first marketing authorization for a company’s after the data base was frozen for review and may be sorted by source of information or new medicinal product in any country in the report preparation may be presented in this country, for example. world. When the number of cases is very small, section. Examples include significant new cases or important followup data. These new Listed Adverse Drug Reaction (ADR)–An or the information inadequate for any of the ADR whose nature and severity are tabulations, a narrative description rather data should be taken into account in the Overall Safety Evaluation (section 2.9). consistent with the information in the CCSI. than a formal table is suitable. Spontaneous Adverse Drug Reaction 2.6.5 MAH’s analysis of individual case 2.9 Overall Safety Evaluation Report or Spontaneous Notification–An histories A concise analysis of the data presented, unsolicited communication to a company, This section may be used for brief followed by the MAH assessment of the regulatory authority, or other organization comments on the data concerning individual significance of the data collected during the that describes an adverse medical reaction in cases. For example, discussion can be period, should highlight any new a patient given one or more medicinal presented on particular serious or information on: products and which does not derive from a unanticipated findings (e.g., their nature, • Serious unlisted reactions; study or any organized data collection medical significance, mechanism, reporting • Nonserious unlisted reactions; scheme. frequency). The focus here should be on • An increased reporting frequency of Unlisted Adverse Drug Reaction–An ADR, individual case discussion and should not be listed reactions, including comments on the nature or severity of which is not confused with the global assessment in the whether it is believed the data reflect a consistent with the information included in Overall Safety Evaluation (section 2.9). meaningful change in ADR occurrence. the CCSI. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15357

Table 1.ÐExample of Presentation of Worldwide Market Authorization Status

Country Action-Date Launch Date Trade Name(s) Comments

Sweden A1 - 7/90 12/90 Bacteroff - AR - 10/95 --- Brazil A - 10/91 2/92 Bactoff - A - 1/93 3/93 Bactoff-IV IV dosage form United Kingdom AQ - 3/92 6/92 Bacgone Elderly (> 65) excluded (PK) Topi- cal cream A - 4/94 7/94 Bacgone-C (skin infs) Japan LA - 12/92 -- To be refiled France V - 9/92 -- Unrelated to safety Nigeria A - 5/93 7/93 Bactoff - A - 9/93 1/94 Bactoff New indication Etc. 1Abbreviations for Action: A = authorized; AQ = authorized with qualifications; LA: lack of approval; V = voluntary marketing application with- drawal by company; AR = Authorization renewal.

Table 2.ÐPresentation of Individual Case Histories (See sections 2.6.2 and 2.6.4 for full explanation)

Line Listing and Summary Tabula- Source Type of Case Only Summary Tabulation tion

1. Direct Reports to MAH • Spontaneous ADR reports1 S - + NS U - + NS L2 + - • MAH sponsored studies SA - + 2. Literature S - + NS U - + 3. Other sources • Regulatory Authorities S - + • Contractual partners S + - • Registries S + - 1Medically unconfirmed reports should be provided as a PSUR addendum only on request, as a line listing and/or summary tabulation. 2Line listing provided as PSUR addendum only on request by regulatory authority. S = serious; L = listed; A = attributable to drug (by inves- tigator or sponsor); NS = nonserious; U = unlisted.

Table 3.ÐNumber of Reports by Term (Signs, Symptoms and Diagnoses) from Spontaneous (Medically Confirmed), Clinical Trial and Literature Cases: All Serious Reactions

Body system ADR term Spontaneous/regulatory bodies Clinical trials Literature

CNS hallucinations1 2 0 0 etc. etc. ÐÐÐÐ ------Sub-total CV etc. etc. ------Sub-total Etc. TOTAL 1 Indicates an unlisted term

In a footnote (or elsewhere), the number of regulatory, y-clinical trial, and z-literature Dated: March 29, 1996. patient cases that represent the tabulated cases). William K. Hubbard, terms might be given (e.g., x-spontaneous/ Associate Commissioner for Policy Coordination. [FR Doc. 96–8475 Filed 4–4–96; 8:45 am] BILLING CODE 4160±01±F federal register April 5,1996 Friday Fertility; Availability;Notice Products; AddendumonToxicitytoMale Toxicity toReproductionforMedicinal Harmonisation; GuidelineonDetection of International Conferenceon Food andDrugAdministration Services Health andHuman Department of Part V 15359 15360 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices

DEPARTMENT OF HEALTH AND regulatory requirements. FDA has In the past, guidelines have generally HUMAN SERVICES participated in many meetings designed been issued under § 10.90(b) (21 CFR to enhance harmonization and is 10.90(b)), which provides for the use of [Docket No. 93D±0140] committed to seeking scientifically guidelines to state procedures or International Conference on based harmonized technical procedures standards of general applicability that Harmonisation; Guideline on Detection for pharmaceutical development. One of are not legal requirements but that are of Toxicity to Reproduction for the goals of harmonization is to identify acceptable to FDA. The agency is now Medicinal Products: Addendum on and then reduce differences in technical in the process of revising § 10.90(b). Toxicity to Male Fertility; Availability requirements for drug development Although this guideline does not create among regulatory agencies. or confer any rights for or on any person AGENCY: Food and Drug Administration, ICH was organized to provide an and does not operate to bind FDA, it HHS. opportunity for tripartite harmonization does represent the agency’s current ACTION: Notice. initiatives to be developed with input thinking on the detection of toxicity to from both regulatory and industry reproduction for medicinal products. SUMMARY: The Food and Drug representatives. FDA also seeks input As with all of FDA’s guidelines, the Administration is publishing a from consumer representatives and public is encouraged to submit written guideline entitled ‘‘Detection of Toxicity others. ICH is concerned with comments with new data or other new to Reproduction for Medicinal Products: harmonization of technical information pertinent to this guideline. Addendum on Toxicity to Male requirements for the registration of The comments in the docket will be Fertility.’’ The guideline was prepared pharmaceutical products among three periodically reviewed, and, where under the auspices of the International regions: The European Union, Japan, appropriate, the guideline will be Conference on Harmonisation of and the United States. The six ICH amended. The public will be notified of Technical Requirements for Registration sponsors are the European Commission, any such amendments through a notice of Pharmaceuticals for Human Use the European Federation of in the Federal Register. (ICH). The guideline is intended to Pharmaceutical Industries Associations, reflect sound scientific principles for the Japanese Ministry of Health and Interested persons may, at any time, reproductive toxicity testing concerning Welfare, the Japanese Pharmaceutical submit written comments on the male fertility, and is an addendum to an Manufacturers Association, the Centers guideline to the Dockets Management earlier ICH guideline on the detection of for Drug Evaluation and Research and Branch (address above). Two copies of toxicity to reproduction for medicinal Biologics Evaluation and Research, any comments are to be submitted, products. FDA, and the Pharmaceutical Research except that individuals may submit one DATES: Effective April 5, 1996. Submit and Manufacturers of America. The ICH copy. Comments are to be identified written comments at any time. Secretariat, which coordinates the with the docket number found in brackets in the heading of this ADDRESSES: Submit written comments preparation of documentation, is document. The guideline and received on the guideline to the Dockets provided by the International comments may be seen in the office Management Branch (HFA–305), Food Federation of Pharmaceutical above between 9 a.m. and 4 p.m., and Drug Administration, rm. 1–23, Manufacturers Associations (IFPMA). Monday through Friday. 12420 Parklawn Dr., Rockville, MD The ICH Steering Committee includes 20857. Copies of the guideline are representatives from each of the ICH The text of the guideline follows: sponsors and the IFPMA, as well as available from the Division of observers from the World Health Detection of Toxicity to Reproduction for Communications Management (HFD– Organization, the Canadian Health Medicinal Products: Addendum on Toxicity 210), Center for Drug Evaluation and Protection Branch, and the European to Male Fertility Research, Food and Drug Free Trade Area. 1. Introduction Administration, 7500 Standish Pl., In the Federal Register of August 21, This text is an addendum to the ICH Rockville, MD 20855, 301–594–1012. 1995 (60 FR 43500), FDA published a An electronic version of this guideline Tripartite Guideline on Detection of Toxicity draft tripartite guideline entitled to Reproduction for Medicinal Products and is also available via Internet by ‘‘Detection of Toxicity to Reproduction: provides amendments to the published text. connecting to the CDER file transfer Addendum on Toxicity to Male At the time of adoption, it was accepted protocol (FTP) server Fertility.’’ The notice gave interested that the male fertility investigation, as (CDVS2.CDER.FDA.GOV). persons an opportunity to submit included in the currently harmonized FOR FURTHER INFORMATION CONTACT: comments by October 5, 1995. guideline, would need scientific and Regarding the guideline: Joy A. After consideration of the comments regulatory improvement and optimization of test designs. Cavagnaro, Center for Biologics received and revisions to the guideline, Evaluation and Research (HFM– The amendments are intended to provide a final draft of the guideline was a better description of the testing concept and 500), Food and Drug submitted to the ICH Steering recommendations, especially those Administration, 1401 Rockville Committee and endorsed by the three addressing: Pike, Rockville, MD 20852, 301– participating regulatory agencies at the • Flexibility 827–0379. ICH meeting held on November 29, • Premating treatment duration Regarding ICH: Janet Showalter, 1995. • Observations Office of Health Affairs (HFY–1), The guideline is an addendum to an The general principles and background Food and Drug Administration, ICH guideline published in the Federal were contained in two papers published in 5600 Fishers Lane, Rockville, MD Register of September 22, 1994 (59 FR the Journal of American College of 20857, 301–443–1382. 48746), entitled ‘‘Guideline on Toxicology. These papers contain the necessary experimental data (prospective and SUPPLEMENTARY INFORMATION: In recent Detection of Toxicity to Reproduction retrospective) for reaching consensus and years, many important initiatives have for Medicinal Products.’’ The guideline have been commented on. The individual been undertaken by regulatory is intended to reflect sound scientific data from the Japanese collaborative study authorities and industry associations to principles for reproductive toxicity were also published in the Journal of promote international harmonization of testing concerning male fertility. Toxicological Science. Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Notices 15361

2. Amendments comprehensive study should be considered fixation, paraffin embedding, transverse (Note 12). section of 2–4 microns for testes, longitudinal Introduction (Last Paragraph) section for epididymides, PAS and Observations To employ this concept successfully, hematoxylin staining) of the male flexibility is needed (Note 1). No guideline At terminal examination, the following reproductive organs provides a direct means can provide sufficient information to cover should be done: of detection. Sperm analysis (sperm counts, • all possible cases. All persons involved Perform necropsy (macroscopic sperm motility, sperm morphology) can be should be willing to discuss and consider examination) of all adults; used as an optional method to confirm • Preserve organs with macroscopic variations in test strategy according to the findings by other methods and to further findings for possible histopathological state-of-the-art and ethical standards in characterize effects. Sperm analysis data are human and animal experimentation. evaluation; keep corresponding organs of sufficient controls for comparison; considered more relevant for fertility 4.1.1. Study of Fertility and Early Embryonic • Preserve testes, epididymides, ovaries, assessment when samples from vas deferens Development to Implantation and uteri from all animals for possible or from cauda epididymis are used. Information on potential effects on Administration period histopathological examination and evaluation on a case by case basis; spermatogenesis (and female reproductive The design assumes that, especially for • Count corpora lutea, implantation sites organs) can be derived from repeated dose effects on spermatogenesis, use will be made (Note 16); toxicity studies or reproductive toxicity of available data from toxicity studies (e.g., • Count live and dead conceptuses; and studies. histopathology, weight of reproductive • Sperm analysis can be used as an For detection of effects not detectable by organs, in some cases hormone assays and optional procedure for confirmation or better histopathology of male reproductive organs genotoxicity data). Provided no effects have characterization of the effects observed (Note and sperm analysis, mating with females been found in repeated dose toxicity studies 12). after a premating treatment of 4 weeks has of at least 4 weeks duration that preclude been shown to be at least as efficient as Note 12 (4.1.1) Premating Treatment this, a premating treatment interval of 2 mating after a longer duration of treatment (2 weeks for females and 4 weeks for males can The design of the fertility study, especially weeks may be acceptable in some cases). be used (Note 12). Selection of the length of the reduction in the premating period for However, when 2 weeks treatment period is the premating administration period should males, is based on evidence accumulated and selected, more convincing justification be stated and justified. Treatment should on re-appraisal of the basic research on the should be provided. When the available continue throughout mating to termination process of spermatogenesis. Compounds evidence suggests that the scope of for males and at least through implantation inducing selective effects on male investigations in the fertility study should be for females. This will permit evaluation of reproduction are rare; compounds affecting increased, appropriate studies should be functional effects on male fertility that spermatogenesis almost invariably affect designed to characterize the effects further. cannot be detected by histopathologic postmeiotic states and weight of testis; examination in repeated dose toxicity studies mating with females is an insensitive means Dated: March 29, 1996. and effects on mating behavior in both sexes. of detecting effects on spermatogenesis. William K. Hubbard, If data from other studies show there are Histopathology of the testis has been shown Associate Commissioner for Policy effects on weight or histology of reproductive to be the most sensitive method for the Coordination. organs in males or females, or if the quality detection of effects of spermatogenesis. Good of examinations is dubious, or if there are no pathological and histopathological [FR Doc. 96–8473 Filed 4–4–96; 8:45 am] data from other studies, the need for a more examination (e.g., by employing Bouin’s BILLING CODE 4160±01±F i

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 21 CFR Laws 3 CFR Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: Ch. I ...... 14478 1...... 14244 For additional information 523±5227 6874...... 14233 6875...... 14603 5...... 14375 Presidential Documents 6876...... 14605 172...... 14481 Executive orders and proclamations 523±5227 6877...... 15177 173...... 14481 175...... 14481 The United States Government Manual 523±5227 Executive Orders: 12997...... 14949 176...... 14481 Other Services 177...... 14481, 14964 Administrative Orders: Electronic and on-line services (voice) 523±4534 178...... 14481 Privacy Act Compilation 523±3187 Presidential Determinations: 180...... 14481 No. 96±19 of March TDD for the hearing impaired 523±5229 181...... 14481 19, 1996 ...... 14235 189...... 14481 5 CFR 520...... 15185 ELECTRONIC BULLETIN BOARD 522...... 14482 890...... 15177 Free Electronic Bulletin Board service for Public Law numbers, 558...... 14483 Federal Register finding aids, and list of documents on public 7 CFR 814...... 15186 inspection. 202±275±0920 1208...... 14951 Proposed Rules: 25...... 14922 FAX-ON-DEMAND Proposed Rules: 71...... 14690 330...... 15201 You may access our Fax-On-Demand service. You only need a fax 170...... 14690 1002...... 14514 171...... 14690 machine and there is no charge for the service except for long 1004...... 14514 distance telephone charges the user may incur. The list of 510...... 15003 documents on public inspection and the daily Federal Register’s 9 CFR 886...... 14277 900 ...... 14856, 14870, 14884, table of contents are available using this service. The document 78...... 14237 14898, 14908 numbers are 7050-Public Inspection list and 7051-Table of 92...... 14239 Contents list. The public inspection list will be updated 98...... 15180 immediately for documents filed on an emergency basis. 22 CFR Proposed Rules: 92...... 14375 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 77...... 14982 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 91...... 14982 23 CFR public inspection may be viewed and copied in our office located 92...... 14268 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 94...... 14999, 15201 230...... 14615 telephone number is: 301±713±6905 12 CFR 24 CFR FEDERAL REGISTER PAGES AND DATES, APRIL 219...... 14382 0...... 15350 226...... 14952 4...... 14448 14233±14464...... 1 12...... 14448 14 CFR 14465±14606...... 2 100...... 14378 14607±14948...... 3 25...... 14607 103...... 14378 39 ...... 14240, 14242, 14608, 109...... 14378 14949±15176...... 4 14960, 14961, 15184 200...... 14396, 14410 15177±15362...... 5 Proposed Rules: 207...... 14396 25...... 14684 213...... 14396 39 ...... 14269, 14271, 14273, 215...... 14396 14275, 14515, 15000, 15002 219...... 14396 220...... 14396 15 CFR 221...... 14396 769...... 14243 222...... 14396 902...... 14465 231...... 14396 922...... 14963 232...... 14396, 14410 233...... 14396 16 CFR 234...... 14396 Proposed Rules: 236...... 14396 239...... 14688 237...... 14396 254...... 14685 241...... 14396, 14410 406...... 14686 242...... 14396 700...... 14688 244...... 14396 701...... 14688 248...... 14396 702...... 14688 265...... 14396 267...... 14396 17 CFR 811...... 14456 200...... 15338 3500...... 14617 ii Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Reader Aids

Proposed Rules: 34 CFR 159...... 15162 1111...... 14735 50...... 15340 76...... 14483 160...... 15162 1112...... 14735 514...... 14979 26 CFR 81...... 14483 1113...... 14735 47 CFR 1114...... 14735 1...... 14247, 14248 36 CFR 1115...... 14735 602...... 14248 7...... 14617 Ch. I ...... 14672 1116...... 14735 Proposed Rules: 0...... 14499 223...... 14618 1117...... 14735 1...... 14517, 15204 2...... 14500 292...... 14621 1118...... 14735 1253...... 14971 15...... 14500 28 CFR 64...... 14979 1119...... 14735 Proposed Rules: 1120...... 14735 Proposed Rules: 242...... 15014 73 ...... 14503, 14676, 14981 553...... 14440 Proposed Rules: 1121...... 14735 38 CFR Ch. I ...... 14717 1122...... 14735 29 CFR 1...... 14596 2...... 15206 1123...... 14735 Proposed Rules: 21...... 15190 15...... 15206 1124...... 14735 1910...... 15205 36...... 15208 1125...... 14735 1915...... 15205 39 CFR 64...... 15020 1126...... 14735 1926...... 15205 Proposed Rules: 69...... 15208 1127...... 14735 2509...... 14690 111...... 15205 73...... 14733, 15022 1128...... 14735 2520...... 14690 1129...... 14735 40 CFR 48 CFR 2550...... 14690 1130...... 14735 52 ...... 14484, 14487, 14489, 1516...... 14504 1131...... 14735 30 CFR 14491, 14493, 14634, 14972, 1523...... 14506 1132...... 14735 Proposed Rules: 14974, 14975 1535...... 14264 1133...... 14735 745...... 15005 60...... 14634 1552 ...... 14264, 14504, 14506 1134...... 14735 900...... 15005 81...... 14496 1604...... 15196 901...... 15005 167...... 14497 1652...... 15196 1135...... 14735 1136...... 14735 906...... 15005 180...... 14637, 15192 Proposed Rules: 913...... 15005 186...... 15192 9...... 14946 1137...... 14735 925...... 14517 716...... 14596 15...... 14944 1138...... 14735 926...... 15005 Proposed Rules: 17...... 14944 1139...... 14735 931...... 15005 52 ...... 14520, 14521, 14522, 31...... 14944 1140...... 14735 934...... 15005 14694, 15020 35...... 14946 1141...... 14735 935...... 15005 59...... 14531 37...... 14946 1142...... 14735 936...... 15005 81...... 14522 52...... 14944 1143...... 14735 180...... 14694 944...... 15005 1144...... 14735 946...... 15005 261...... 14696 49 CFR 300...... 14280 1145...... 14735 948...... 15005 382...... 14677 1146...... 14735 950...... 15005 41 CFR 383...... 14677 1147...... 14735 390...... 14677 31 CFR 101±25...... 14978 1148...... 14735 391...... 14677 1149...... 14735 103 ...... 14248, 14382, 14383, 42 CFR 392...... 14677 14386 405...... 14640 395...... 14677 Proposed Rules: 50 CFR 491...... 14640 533...... 14680 321...... 14444 538...... 14507 251...... 14682 44 CFR 800...... 14512 32 CFR 611...... 14465 64...... 14497 Proposed Rules: 625...... 15199 706 ...... 14966, 14967, 14968, 393...... 14733 65...... 14658, 14661 641...... 14683 14969 1002...... 15208 67...... 14665 655...... 14465 Proposed Rules: 1100...... 14735 Proposed Rules: 663...... 14512 619...... 15010 62...... 14709 1101...... 14735 1102...... 14735 Proposed Rules: 33 CFR 67...... 14715 1103...... 14735 23...... 14543 100...... 14249 45 CFR 1104...... 14735 100...... 15014 117...... 14970 1633...... 14250 1105...... 14735 630...... 15212 175...... 15162 1634...... 14252 1106...... 14735 646...... 14735 179...... 15162 1635...... 14261 1107...... 14735 651...... 14284 181...... 15162 1108...... 14735 676...... 14547 Proposed Rules: 46 CFR 1109...... 14735 165...... 14518 2...... 15162 1110...... 14735 Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Reader Aids iii

REMINDERS Low income housing-- request; comments due Superfund program: The rules and proposed rules HOME investment by 4-8-96; published 2-7- National oil and hazardous in this list were editorially partnerships program; 96 substances contingency compiled as an aid to Federal published 3-6-96 Fishery conservation and plan-- Register users. Inclusion or Low income housing: management: National priorities list exclusion from this list has no Assisted housing admission Northeast multispecies; update; comments due legal significance. preferences; Federal comments due by 4-11- by 4-12-96; published regulatory review; 96; published 2-16-96 3-13-96 published 3-6-96 Pacific Coast groundfish; Water pollution; effluent RULES GOING INTO Public and Indian housing: comments due by 4-12- guidelines for point source EFFECT TODAY Indian loan guarantee 96; published 3-13-96 categories: program; housing DEFENSE DEPARTMENT Ore mining and dressing; AGRICULTURE financing on restricted Engineers Corps comments due by 4-12- DEPARTMENT lands; published 3-6-96 Danger zones and restricted 96; published 2-12-96 Animal and Plant Health TRANSPORTATION areas: FEDERAL Inspection Service DEPARTMENT Chesapeake Bay off Fort COMMUNICATIONS Exportation and importation of Federal Aviation Monroe, VA and COMMISSION animals and animal Administration Canaveral Harbor Common carrier services: products: Airworthiness directives: adjacent to Navy Pier at Federal-State Joint Board Embryos from ruminants Fort Canaveral, FL; Boeing; published 3-21-96 on Universal Service; and swine from countries comments due by 4-12- establishment; comments where rinderpest or foot- VETERANS AFFAIRS 96; published 2-27-96 due by 4-8-96; published and-mouth disease exists; DEPARTMENT ENVIRONMENTAL 3-14-96 published 4-5-96 Vocational rehabilitation and PROTECTION AGENCY Interstate rate of return education: COMMERCE DEPARTMENT Air programs: prescription procedures Veterans education-- National Oceanic and Pulp, paper, and paperboard and methodologies; rate Atmospheric Administration Montgomery GI Bill-Active industries; effluent base; comments due by Fishery conservation and Duty; rates payable limitations guidelines, 4-12-96; published 3-12- management: increase; published 4-5- pretreatment standards, 96 Gulf of Mexico reef fish; 96 and new source Reporting requirements published 4-3-96 performance standards; applicable to Western Pacific bottomfish; COMMENTS DUE NEXT comments due by 4-8-96; interexchange carriers, published 3-6-96 WEEK published 3-8-96 Bell Operating Coompanies, other local ENERGY DEPARTMENT State operating permit programs-- telephone companies and Federal Energy Regulatory AGRICULTURE record carriers; comments Tennessee; comments Commission DEPARTMENT due by 4-8-96; published due by 4-10-96; Natural gas companies Agricultural Marketing 3-14-96 published 3-11-96 (Natural Gas Act): Service Television broadcasting: Air quality implementation Uniform system of accounts, Fruits, vegatables, and other Cable television systems-- forms, statements, and products, processed: plans; approval and Telecommunications Act; reporting requirements; promulgation; various Inspection, certification, and cable operation revisions; published 3-6- States: standards for schedule; equipment costs; 96 comments due by 4-10- Missouri; comments due by 4-10-96; published 3-11- aggregation; comments ENVIRONMENTAL 96; published 3-11-96 96 due by 4-12-96; PROTECTION AGENCY Milk marketing orders: Ohio; comments due by 4- published 3-28-96 Pesticides; tolerances in food, New York-New Jersey et 10-96; published 3-11-96 Television stations; table of animal feeds, and raw al.; comments due by 4- Wisconsin; comments due assignments: agricultural commodities: 12-96; published 4-2-96 by 4-10-96; published 3- New York; comments due Glyphosate; published 4-5- AGRICULTURE 11-96 by 4-12-96; published 3-1- 96 DEPARTMENT Clean Air Act: 96 FEDERAL Commodity Credit State operating permits FEDERAL DEPOSIT COMMUNICATIONS Corporation INSURANCE CORPORATION COMMISSION program-- Loan and purchase programs: Risk-based capital: Common carrier services: Pennsylvania; comments Price support levels-- due by 4-8-96; Market risk; internal models Tariffs-- Tobacco; comments due published 3-7-96 backtesting; comments Billing name and address; by 4-12-96; published Hazardous waste program due by 4-8-96; published tariffing requirements; 2-12-96 authorizations: 3-7-96 published 3-6-96 Upland cotton; user Georgia; comments due by FEDERAL RESERVE HEALTH AND HUMAN marketing certificate 4-8-96; published 3-7-96 SYSTEM SERVICES DEPARTMENT program; comments due Pesticides; tolerances in food, Risk-based capital: Food and Drug by 4-12-96; published 3- animal feeds, and raw Market risk; internal models Administration 13-96 agricultural commodities: backtesting; comments Animal drugs, feeds, and COMMERCE DEPARTMENT Acephate, etc.; comments due by 4-8-96; published related products: National Oceanic and due by 4-8-96; published 3-7-96 Ivermectin with pyrantel Atmospheric Administration 2-21-96 FEDERAL TRADE pamoate; published 4-5-96 Endangered and threatened Clomazone; comments due COMMISSION HOUSING AND URBAN species: by 4-12-96; published 3- Appliances, consumer; energy DEVELOPMENT Treatment of intercrosses 13-96 costs and consumption DEPARTMENT and intercross progeny Lactofen; comments due by information in labeling and Federal regulatory review: (hybridization); comment 4-8-96; published 3-8-96 advertising: iv Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Reader Aids

Energy use labels; INTERIOR DEPARTMENT due by 4-11-96; published Substance Abuse placement; comments due National Park Service 3-12-96 Professional; definition by 4-8-96; published 2-22- National Park System: TRANSPORTATION amendment; comments 96 DEPARTMENT due by 4-11-96; published Conveyance of freehold and Federal Aviation 3-12-96 GENERAL SERVICES leasehold interests; Administration ADMINISTRATION comments due by 4-12- TRANSPORTATION Federal property management: 96; published 2-12-96 Airworthiness directives: DEPARTMENT Public buildings and space-- de Havilland; comments due Shenandoah National Park; by 4-9-96; published 2-12- Maritime Administration Space utilization and recreational fishing; 96 assignment; comments Cargo preference--U.S. flag comments due by 4-12- Airbus; comments due by 4- due by 4-8-96; vessels: 96; published 2-12-96 8-96; published 2-28-96 published 3-7-96 JUSTICE DEPARTMENT Airbus Industrie; comments Available U.S.-flag HEALTH AND HUMAN Immigration and due by 4-12-96; published commercial vessels; SERVICES DEPARTMENT Naturalization Service 3-6-96 comments due by 4-10- 96; published 3-11-96 Food and Drug Immigration: American Champion Aircraft Administration Aliens-- Corp.; comments due by TRANSPORTATION Food additives: 4-12-96; published 2-13- DEPARTMENT Mexican and Canadian 96 Adhesive coatings and Research and Special nonresident alien border Beech; comments due by 4- components-- crossing cards; Programs Administration Meta-tetramethylxylene 12-96; published 2-8-96 comments due by 4-8- McDonnell Douglas; Omnibus Transportation diisocyanate, etc.; 96; published 2-6-96 comments due by 4-11- comments due by 4-9-96; Employee Testing Act of LABOR DEPARTMENT 96; published 3-12-96 published 2-12-96 1991: Occupational Safety and Class D and Class E Food for human consumption: Substance Abuse Health Administration airspace; comments due by Food labeling-- Professional; definition Safety and health standards, 4-8-96; published 3-18-96 amendment; comments Nutrient content claims, etc.: Class E airspace; comments due by 4-11-96; published health claims, and due by 4-10-96; published 3-12-96 dietary supplements, 1,3-Butadiene occupational exposure; comments due 2-29-96 etc.; comment period TRANSPORTATION by 4-8-96; published 3-8- Omnibus Transportation extension; comments Employee Testing Act of DEPARTMENT due by 4-11-96; 96 1991: Surface Transportation published 3-20-96 NATIONAL LABOR Substance Abuse Board Tea Importation Act; RELATIONS BOARD Professional; definition implementation; comments Requested single location amendment; comments ICC Termination Act of 1995: due by 4-8-96; published 2- bargaining units due by 4-11-96; published Rail common carriers; notice 7-96 representation cases; 3-12-96 of changes of rates and HOUSING AND URBAN appropriateness; comments Rulemaking petitions; other service terms; DEVELOPMENT due by 4-12-96; published summary and disposition; disclosure and publication; DEPARTMENT 3-15-96 comments due by 4-9-96; comments due by 4-8-96; HUD-owned properties: SECURITIES AND published 2-9-96 published 3-8-96 EXCHANGE COMMISSION TRANSPORTATION Sale of HUD-held single TREASURY DEPARTMENT family mortgages; Securities: DEPARTMENT Alcohol, Tobacco and comments due by 4-8-96; Disclosure Simplification Federal Highway Firearms Bureau published 2-6-96 Task Force Administration recommendations; Omnibus Transportation Alcohol; viticultural area INTERIOR DEPARTMENT Employee Testing Act of Fish and Wildlife Service comments due by 4-10- designations: 96; published 3-11-96 1991: Endangered and threatened Substance Abuse Paso Robles, San Luis species: TRANSPORTATION Professional; definition Obispo County, CA; DEPARTMENT Northern spotted owl; amendment; comments extension; comments due comments due by 4-8-96; Coast Guard due by 4-11-96; published by 4-9-96; published 1-10- published 2-23-96 Drawbridge operations: 3-12-96 96 Treatment of intercrosses Washington, DC; comments TRANSPORTATION TREASURY DEPARTMENT and intercross progeny due by 4-9-96; published DEPARTMENT Comptroller of the Currency (hybridization); comment 1-10-96 Federal Railroad request; comments due Pollution: Administration Risk-based capital: by 4-8-96; published 2-7- Omnibus Transportation Tank vessels carrying oil in Market risk; internal models 96 Employee Testing Act of bulk; standards for backtesting; comments 1991: Whooping crane; comments vessels without double due by 4-8-96; published Substance Abuse due by 4-8-96; published hulls; comments due by 3-7-96 Professional; definition 2-6-96 4-10-96; published 2-20- amendment; comments VETERANS AFFAIRS INTERIOR DEPARTMENT 96 due by 4-11-96; published DEPARTMENT Minerals Management TRANSPORTATION 3-12-96 Service DEPARTMENT Vocational rehabilitation and TRANSPORTATION education: Outer Continental Shelf Omnibus Transportation DEPARTMENT operations: Employee Testing Act of Federal Transit Veterans education-- Central Gulf of Mexico-- 1991: Administration Course measurement for Leasing policies; Substance Abuse Omnibus Transportation graduate courses; comments due by 4-8- Professional; definition Employee Testing Act of comments due by 4-12- 96; published 2-23-96 amendment; comments 1991: 96; published 2-12-96