Pages 39101±39240 Vol. 60 8±1±95 No. 147 federal register August 1,1995 Tuesday this issue. Atlanta, GA,seeannouncementontheinsidecoverof For informationonbriefingsinWashington,DCand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 147 Tuesday, August 1, 1995 Agency for Health Care Policy and Research Children and Families Administration NOTICES NOTICES Meetings: Agency information collection activities under OMB Health Care Policy and Research Special Emphasis Panel, review, 39175 39176 Agency information collection activities under OMB review: Agency for International Development Proposed agency information collection activities; NOTICES comment request, 39175–39176 Housing guaranty program: Israel, 39149 Coast Guard PROPOSED RULES Agency for Toxic Substances and Disease Registry Rulemaking procedures: NOTICES Direct final rule process for use with noncontroversial Native American tribal governments; establishment of rules, 39130–39131 government-to-government relationship; policy statement, 39176 Commerce Department See Economic Analysis Bureau Agricultural Marketing Service See International Trade Administration RULES See National Oceanic and Atmospheric Administration Marketing orders; expenses and assessment rates, 39104– 39105 Potatoes (Irish) grown in— Comptroller of the Currency Colorado, 39105–39107 RULES Prunes (dried) produced in California, 39107–39108 Risk-based capital: Capital adequacy guidelines and maintenance, 39226– Agriculture Department 39233 See Agricultural Marketing Service See Animal and Plant Health Inspection Service Consumer Product Safety Commission See Grain Inspection, Packers and Stockyards NOTICES Administration Settlement agreements: Treat, Terri, et al., 39154–39156 Animal and Plant Health Inspection Service RULES Customs Service Plant-related quarantine, foreign and domestic: RULES Unshu oranges from Korea, 39101–39104 Tariff-rate quotas: NOTICES Beef; export certificates, 39108–39109 Environmental statements; availability, etc.: NOTICES Nonregulated status determinations— Customhouse broker license cancellation, suspension, etc.: DeKalb Genetics Corp.; genetically engineered corn, Costello, James, et al., 39204 39146–39147 Defense Department Arts and Humanities, National Foundation See Navy Department See National Foundation on the Arts and the Humanities NOTICES Meetings: Centers for Disease Control and Prevention Defense Intelligence Agency Scientific Advisory Board, NOTICES 39156 Agency information collection activities under OMB Electron Devices Advisory Group, 39156–39157 review: Proposed agency information collection activities; comment request, 39176–39178 Drug Enforcement Administration Meetings: NOTICES Disabilities Prevention Program Project Workshop, Applications, hearings, determinations, etc.: 39178–39179 Arenol Chemical Corp., 39185–39186 Energy-Related Epidemiologic Research Advisory Knoll Pharmaceuticals, 39186 Committee, 39179 Roche Diagnostic Systems, Inc., 39186 Exposure to stachybotrys atra and diseases among infants, evidence for association between; workshop, 39179 Economic Analysis Bureau Nasopharyngeal radium irradiation, public health PROPOSED RULES response; workshop, 39179 Direct investment surveys: Vital and Health Statistics National Committee, 39179– BE-11; annual survey of U.S. direct investment abroad; 39180 reporting requirements, 39128–39130 IV Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Contents Education Department Texas, 39141–39142 RULES West Virginia, 39141 Special education and rehabilitative services: NOTICES Centers for independent living program, 39216–39223 Meetings; Sunshine Act, 39206 NOTICES Grants and cooperative agreements; availability, etc.: Federal Deposit Insurance Corporation Endowment challenge programs, 39158 RULES Risk-based capital: Employment and Training Administration Capital adequacy guidelines and maintenance, 39226– NOTICES 39233 Meetings: Unemployment Compensation Advisory Council, 39186– Federal Emergency Management Agency 39187 RULES Flood insurance; communities eligible for sale: Employment Standards Administration Indiana et al., 39123–39127 NOTICES Agency information collection activities under OMB Federal Energy Regulatory Commission review; correction, 39186 NOTICES Electric rate and corporate regulation filings: Energy Department Freedom Energy Co. et al., 39163–39164 See Federal Energy Regulatory Commission Environmental statements; availability, etc.: New Martinsville, WV, 39164 Environmental Protection Agency Natural gas certificate filings: RULES Natural Gas Pipeline Co. of America et al., 39164–39166 Air quality implementation plans; approval and Applications, hearings, determinations, etc.: promulgation; various States; air quality planning Columbia Gas Transmission Corp., 39158 purposes; designation of areas: Kern River Gas Transmission Co., 39158–39159 Ohio, 39115–39122 Koch Gateway Pipeline Co., 39159 PROPOSED RULES Longhorn Partners Pipeline, 39159–39160 Radiation protection programs: Morgan Stanley Capital Group, Inc., et al., 39160–39163 Spent nuclear fuel, high-level and transuranic radioactive Natural Gas Pipeline Co. of America, 39163 wastes management and disposal; waste isolation NorAm Gas Transmission Co., 39163 pilot plant compliance, 39131–39132 Superfund program: Toxic chemical release reporting; community right-to- Federal Maritime Commission know— NOTICES Di-(2-ethyhexyl) adipate, 39132–39134 Complaints filed: NOTICES Mar-Mol Co. et al., 39174 Agency information collection activities under OMB Freight forwarder licenses: review, 39166–39167 Fabian Forwarding Co., Inc., 39174 Committees; establishment, renewal, termination, etc.: Matton & Co., Inc., et al., 39174 Environmental Laboratory Advisory Board, 39167 Confidential business information and data transfer, 39173– Federal Reserve System 39174 RULES Meetings: Risk-based capital: Science Advisory Board, 39173 Capital adequacy guidelines and maintenance, 39226– Reports; availability, etc.: 39233 Lead hazard information pamphlet, 39167–39169 NOTICES Toxic and hazardous substances control: Meetings; Sunshine Act, 39206 Chemical testing— Response to petition, 39169–39173 Fish and Wildlife Service NOTICES Federal Communications Commission Marine mammal permit applications, 39152–39153 RULES Radio stations; table of assignments: Food and Drug Administration Florida, 39127 NOTICES Virgin Islands et al., 39127 Human drug products and devices effectiveness PROPOSED RULES demonstrations; statement, 39180–39181 Common carrier services: Human drugs: Telephone number portability; policy and technical Export applications— issues, 39136–39141 Arimidex (Anastrozole) 1 milligram (mg) tablet, 39180 Practice and procedure: Organization, functions, and authority delegations: Broadcast services; allocations; automatic stay provision Drug Evaluation and Research Center et al., 39181–39182 deleted, 39134–39136 Radio stations; table of assignments: General Services Administration Illinois, 39143 NOTICES New Mexico, 39142–39143 Agency information collection activities under OMB Tennessee, 39142 review, 39175 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Contents V Grain Inspection, Packers and Stockyards Administration Labor Department NOTICES See Employment and Training Administration Agency designation actions: See Employment Standards Administration Illinois et al., 39147–39148 See Pension and Welfare Benefits Administration Michigan, 39148 Nebraska et al., 39148–39149 Land Management Bureau Texas et al., 39149 NOTICES Motor vehicle use restrictions: Health and Human Services Department Idaho, 39184–39185 See Agency for Health Care Policy and Research See Agency for Toxic Substances and Disease Registry Maritime Administration See Centers for Disease Control and Prevention NOTICES See Children and Families Administration Applications, hearings, determinations, etc.: See Food and Drug Administration Mormac Marine Transport, Inc., 39201 See Health Care Financing Administration See National Institutes of Health National Aeronautics and Space Administration NOTICES Health Care Financing Administration Agency information collection activities under OMB RULES review: Medicare: Proposed agency information collection activities; Home health services; participation conditions, and home comment request, 39187 health aide supervision; correction, 39122–39123 National Foundation on the Arts and the Humanities Housing and Urban Development Department NOTICES RULES Meetings: Mortgagee Review Board and proceedings before hearing Opera-Musical Theater Advisory Panel, 39187 officer, 39236–39239 NOTICES National Institute of Justice Mortgage and loan insurance programs: NOTICES Debenture interest rates, 39183–39184 Grants and cooperative agreements; availability, etc.: Fellowship opportunities programs, 39188 Interior Department Research in action partnerships, 39188 See Fish and Wildlife Service See Land Management Bureau National Institutes of Health See National Park Service NOTICES Meetings: Internal Revenue Service National Institute of Dental Research, 39182 RULES National Institute of Mental Health, 39182, 39183 Employment taxes and collection of income taxes at source: Research Grants Division special emphasis panels, Wages; liability of third parties paying or providing; suit 39182–39183 period, extension and maximum amount recoverable, 39109–39111 National Oceanic and Atmospheric Administration PROPOSED RULES International Development Cooperation Agency Fishery conservation and management: See Agency for International Development Pacific Coast groundfish, 39144–39145 NOTICES International Trade Administration Pacific Halibut Commission, International: NOTICES Area 2A non-treaty commercial fishery reopening, 39153 Antidumping: Permits: Gray portland cement and clinker from— Marine mammals, 39152–39153 Japan, 39150 Antidumping and countervailing duties: National Park Service Administrative review requests, 39150–39151 NOTICES Antidumping duty orders and findings: National Register of Historic Places: Intent to revoke, 39153–39154 Pending nominations, 39185 Countervailing duty orders: Intent to revoke, 39151–39152 Navy Department NOTICES Interstate Commerce Commission Environmental statements; availability, etc.: PROPOSED RULES Base realignment and closure— Tariffs and schedules: Naval Air Station Dallas, TX, 39157–39158 Anchorage, AK; Alaska intermodal motor/water traffic Naval Air Station Glenview, IL, 39157 service; rate increases; rulemaking petition, 39143– 39144 Nuclear Regulatory Commission NOTICES Justice Department Environmental statements; availability, etc.: See Drug Enforcement Administration Consumers Power Co., 39192–39193 See National Institute of Justice Meetings; Sunshine Act, 39206 VI Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Contents Site decommissioning management plan sites; removals Transportation Department from list: See Coast Guard United Technologies Pratt & Whitney Site, CT, 39193 See Maritime Administration Systematic assessment of licensee performance program; revised program review and implementation; comment Treasury Department request, 39193–39194 See Comptroller of the Currency Applications, hearings, determinations, etc.: See Customs Service Baltimore Gas & Electric Co., 39188–39189 See Internal Revenue Service Tennessee Valley Authority, 39189–39192 See Thrift Supervision Office NOTICES Pension and Welfare Benefits Administration Agency information collection activities under OMB PROPOSED RULES review, 39202–39203 Employee Retirement Income Security Act: Organization, functions, and authority delegations: Employee benefit plans; collective bargaining agreement Alcohol, Tobacco and Firearms Bureau, Director, 39203 criteria, 39208–39214 Customs Service, Commissioner, 39203 Internal Revenue Service, Commissioner, 39203–39204 Personnel Management Office RULES United States Information Agency Employment: NOTICES Nonpermanent excepted positions brought into Art objects; importation for exhibition: competitive service; employee retention, 39101 Art, Politics and Change: Jewish Artists in Russia (1890- NOTICES 1990), 39204 Privacy Act: PARIS MODERN: The Swedish Ballet (1920-1925), 39204 Systems of records, 39194–39196 Veterans Affairs Department Postal Service NOTICES RULES Agency information collection activities under OMB Domestic Mail Manual: review: Preferred postage rates; second-, third-, and fourth-class Proposed agency information collection activities; library rate mail; changes comment request, 39204–39205 Correction, 39111–39115 NOTICES Domestic rates, fees, and mail classifications: Separate Parts In This Issue Second-class publications; verification procedures, 39196–39198 Part II Privacy Act: Department of Labor, Pension and Welfare Benefits Systems of records, 39198–39199 Administration, 39208–39214 Public Health Service Part III See Agency for Health Care Policy and Research Department of Labor, 39216–39223 See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention Part IV See Food and Drug Administration Office of Comptroller of the Currency, Federal Reserve See National Institutes of Health System, Federal Deposit Insurance Corporation, Office of Thrift Supervision, 39226–39233 Securities and Exchange Commission NOTICES Part V Agency information collection activities under OMB Department of Housing and Urban Develpment, 39236– review: 39239 Proposed agency information collection activities; comment request, 39199–39200 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 39200– Reader Aids 39201 Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Thrift Supervision Office Aids section at the end of this issue. RULES Risk-based capital: Capital adequacy guidelines and maintenance, 39226– Electronic Bulletin Board 39233 Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of Toxic Substances and Disease Registry Agency documents on public inspection is available on 202–275– See Agency for Toxic Substances and Disease Registry 1538 or 275–0920. Federal Register / Vol. 60, No. 147/ Tuesday, August 1, 1995 / Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 5 CFR 316...... 39101 7 CFR 301...... 39101 319...... 39101 922...... 39104 923...... 39104 924...... 39104 948...... 39105 993...... 39107 12 CFR 3...... 39226 6...... 39226 208...... 39226 225...... 39226 325...... 39226 565...... 39226 567...... 39226 15 CFR Proposed Rules: 806...... 39128 19 CFR 132...... 39108 24 CFR 25...... 39236 26...... 39236 202...... 39236 26 CFR 31...... 39109 29 CFR Proposed Rules: 2510...... 39208 33 CFR Proposed Rules: 1...... 39130 34 CFR 366...... 39216 39 CFR 111...... 39111 40 CFR 52...... 39115 81...... 39115 Proposed Rules: 194...... 39131 372...... 39132 42 CFR 409...... 39122 484...... 39122 44 CFR 64...... 39123 47 CFR 73 (2 documents) ...... 39127 Proposed Rules: 1...... 39134 61...... 39136 64...... 39136 69...... 39136 73 (6 documents) ...... 39141, 39142, 39143 49 CFR Proposed Rules: 1312...... 39143 50 CFR Proposed Rules: 663...... 39144 39101 Rules and Regulations Federal Register Vol. 60, No. 147 Tuesday, August 1, 1995 This section of the FEDERAL REGISTER eligibility for within-grade increases, 3. In § 316.702, paragraphs (b)(1) and contains regulatory documents having general promotions and reassignments, and (c) are revised and a new paragraph (d) applicability and legal effect, most of which retirement and insurance benefits. is added to read as follows: are keyed to and codified in the Code of On April 7, 1995 (60 FR 17655), we Federal Regulations, which is published under § 316.702 Excepted positions brought into 50 titles pursuant to 44 U.S.C. 1510. proposed regulations to permit the competitive service. employees holding such appointments * * * * * The Code of Federal Regulations is sold by to receive noncompetitive term the Superintendent of Documents. Prices of appointments if their positions are (b)(1) When an agency retains an new books are listed in the first FEDERAL brought into the competitive service. We employee under paragraph (a) of this REGISTER issue of each week. received no substantive comments on section who was serving in an excepted the proposed regulations and are position under an indefinite adopting them as final regulations with appointment or an appointment without OFFICE OF PERSONNEL no change. The regulations also make time limit, the agency may convert that MANAGEMENT editorial changes and remove obsolete employee’s appointment to career or references to the Federal Personnel career-conditional under § 315–701. 5 CFR Part 316 Manual. * * * * * RIN 3206±AG 62 (c) An employee who was serving Regulatory Flexibility Act under an excepted appointment limited Bringing Nonpermanent Excepted I certify that these regulations will not to 1 year or less may be retained as a Positions Into the Competitive Service have a significant economic impact on temporary employee under paragraph a substantial number of small entities (a) of this section until the scheduled AGENCY: Office of Personnel (including small businesses, small expiration date of the employee’s Management. organizational units, and small excepted appointment. Extension of the ACTION: Final regulations. governmental jurisdictions) because employee’s temporary appointment beyond that date will be subject to the SUMMARY: The Office of Personnel they apply only to Federal employees. provisions of § 316.402. Management (OPM) is revising its List of Subjects in 5 CFR Part 316 (d) An employee who was serving regulations governing retention of Government employees. under an excepted appointment with a employees whose excepted positions are definite time limit longer than 1 year brought into the competitive service to Office of Personnel Management. may be retained under a term permit the employees to receive term James B. King, appointment. The appointment will be appointments if their excepted Director. subject to all conditions generally appointments had time limits longer Accordingly, OPM is amending 5 CFR applicable to term appointments and than 1 year. This will avoid hardship to part 316 as follows: may be extended up to the maximum the employees, who could otherwise be limit for term appointments established retained only as temporary employees PART 316ÐTEMPORARY AND TERM under § 316.301. Service under the without benefits. EMPLOYMENT employee’s excepted appointment EFFECTIVE DATE: August 31, 1995. 1. The authority citation for part 316 counts against the maximum limit for FOR FURTHER INFORMATION CONTACT: continues to read as follows: the term appointment. Tracy E. Spencer, (202) 606–0830, or fax [FR Doc. 95–18709 Filed 7–31–95; 8:45 am] (202) 606–0390. Authority: 5 U.S.C. 3301, 3302, and E.O. 10577 (3 CFR 1954–1958 Comp., p. 218); BILLING CODE 6325±01±M SUPPLEMENTARY INFORMATION: Civil § 316.302 also issued under 5 U.S.C. 3304(c), Service Rule III (5 CFR 3.1) authorizes 38 U.S.C. 2014, and E.O. 12362, as revised by OPM to prescribe conditions under E.O. 12585; § 316.402 also issued under 5 DEPARTMENT OF AGRICULTURE which ‘‘a person who occupies a U.S.C. 3304(c) and 3312, 22 U.S.C. 2506 (93 permanent position when it is placed in Stat. 371), E.O. 12137, 38 U.S.C. 2014, and Animal and Plant Health Inspection the competitive service * * * or is E.O. 12362, as revised by E.O. 12585 and E.O. Service otherwise made subject to competitive 12721. examination’’ may acquire a competitive 2. In § 316.701, paragraph (c) is 7 CFR Parts 301 and 319 status. OPM’s regulations implementing revised to read as follows: this authority are found in 5 CFR [Docket No. 94±069±2] 315.701, 316.701, and 316.702. § 316.701 Public or private enterprise taken over by the Government. Unshu Oranges From the Republic of Currently, those regulations permit Korea nonpermanent employees whose * * * * * positions are brought into the (c) An agency may retain an employee AGENCY: Animal and Plant Health competitive service to be retained only under paragraph (a) of this section in a Inspection Service, USDA. under temporary appointments limited position that it determines is ACTION: Final rule. to 1 year or less. However, some noncontinuing under a temporary nonpermanent excepted appointments appointment. That appointment may be SUMMARY: We are amending the are more comparable to term made for a period not to exceed 1 year regulations governing the importation appointments, i.e., they are made for and will be subject to the time limits set and interstate movement of citrus fruit periods longer than 1 year and confer out in § 316.402. to allow, under certain conditions, 39102 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations Unshu oranges grown in citrus-canker Inspection Service (APHIS) conducted surveys conducted by APHIS. We also free zones on Cheju Island, Republic of pest risk assessments that indicated that used our experience with the success of Korea, to be imported into the United Unshu oranges from Cheju Island, the safeguards used in Japan. We States and moved interstate. This action Republic of Korea, could be imported reviewed the evidence gathered from relieves restrictions on the importation into the United States under the the sources mentioned above to into and distribution within the United conditions proposed without significant determine what pests we might States of Unshu oranges from Cheju plant pest risk. Copies of the pest risk encounter. Although, citrus canker does Island, Republic of Korea, without assessments are available, upon written occur in the Republic of Korea, one of presenting a significant risk of spreading request, from the person listed under our requirements is that the Unshu citrus canker. FOR FURTHER INFORMATION CONTACT. oranges must be grown and packed in EFFECTIVE DATE: July 24, 1995. We solicited comments concerning canker-free export areas. These export FURTHER INFORMATION CONTACT: Mr. our proposal for 30 days ending April areas must also be surrounded by a 400- Peter Grosser or Mr. Frank Cooper, 28, 1995. We received three comments meter-wide canker-free buffer zone in Senior Operations Officers, Port by that date. They were from a state which only certain varieties of citrus Operations, PPQ, APHIS, 4700 River department of agriculture and two may be grown. These safeguards, Road Unit 139, Riverdale, MD 20737– industry groups. One comment combined with required inspections, 1236, (301) 734–6799. supported the proposal as written. Two sterilizations, and other precautions, are commenters were both concerned with sufficient to ensure the Unshu oranges SUPPLEMENTARY INFORMATION: the potential pest risk and the are canker-free. Background replacement of plant pathologists with The comment about black spot of plant protection officers. The comments citrus disease referred to interceptions Citrus canker is a disease that affects are discussed below by topic. of black spot on Unshu oranges from the citrus, and is caused by the infectious Republic of Korea. Citrus fruit from the Pest Risk bacterium Xanthomonas campestris pv. Republic of Korea has been prohibited citri (Hasse) Dye. The strain of citrus Two commenters expressed concerns entry into the United States, therefore, canker that occurs in the Republic of that the pest risk review was we have no interception records of black Korea infects the twigs, leaves, and fruit inadequate. They both felt that too spot from export quality fruit. of a wide spectrum of Citrus species. much emphasis was placed on Interceptions of fruit with black spot, The regulations in 7 CFR 319.28 comparisons to Japan and the implied referred to by the commenter, were from (referred to below as the regulations) similarity in the growing areas. One baggage and therefore may or may not prohibit the importation of citrus from commenter agreed that our experience have been on fruit produced in the Eastern and Southeastern Asia, Japan, with Japan showed a minimal threat Republic of Korea. Evidence of the Brazil, Paraguay, and other designated from the importation of Unshu Oranges occurrence of black spot in the Republic areas, except for Unshu oranges (Citrus from Japan. However, that commenter of Korea is inconclusive. Quarantine reticulata Blanco var. unshu, also was concerned about the lack of officials from the National Plant known as Satsuma) grown in citrus experience that we have with the Quarantine Service of the Republic of canker-free areas in Japan. After meeting Republic of Korea and recommended Korea have stated that the disease has certain growing, packing, and that we should only permit Unshu not been detected in their surveys. inspection requirements, Japanese oranges from the Republic of Korea to be However, even if black spot is present Unshu oranges may be imported into imported into greatly restricted areas of in the Republic of Korea, we have any area of the United States except the United States, as was done many determined that the safeguards provided American Samoa, Arizona, California, years ago for Unshu oranges from Japan. for in the regulations will prevent the Florida, Louisiana, the Northern The other commenter was concerned introduction of citrus-canker and other Mariana Islands, Puerto Rico, Texas, about the occurrence of citrus canker on citrus diseases such as black spot into and the Virgin Islands of the United Cheju Island, Republic of Korea. Both the United States from Unshu oranges States. Also, under the regulations in 7 commenters were concerned about the from the Republic of Korea. Therefore, CFR 301.83, Unshu oranges grown in interception of black spot on Unshu we are not making any changes based on Japan are prohibited from being moved oranges from the Republic of Korea. this comment. interstate from any quarantined area The regulations in 7 CFR 319.28(b) One commenter was concerned that into or through any nonquarantined area detail extensive safeguards on the no workplan was available to verify the of the United States; all areas of the growing, packing, and inspection of Republic of Korea’s ability to comply United States, except for American Unshu oranges exported from Japan into with the requirements for certification. Samoa, Arizona, California, Florida, the United States. These safeguards also A workplan is an agreement that Louisiana, the Northern Mariana will apply to Unshu oranges imported identifies both countries’ Islands, Puerto Rico, Texas, and the from the Republic of Korea. Recent pest responsibilities for preclearance Virgin Islands of the United States, are risk assessments for Unshu oranges from programs. Workplans for the quarantined. Japan and the Republic of Korea have importation into the United States of On March 29, 1995, we published in shown that these safeguards will fruits and vegetables under preclearance the Federal Register (60 FR 16067– prevent the introduction of citrus canker programs are implemented prior to 16069, Docket No. 94–069–1) a proposal and other citrus diseases from Unshu commencement of a preclearance to amend the regulations by allowing oranges imported into the United States program. These workplans are not the importation of Unshu oranges from from both Japan and Cheju Island, drafted or evaluated until a proposed Cheju Island, Republic of Korea, under Republic of Korea. rule has been published in the Federal the same conditions that apply to Unshu Our recommendation to permit entry Register. A workplan between APHIS oranges grown in Japan. We proposed to under specified conditions was based and the Republic of Korea’s plant allow these importations at the request on literature surveys for plant pests, the protection services has been agreed to of the Ministry of Agriculture, Forestry pest list provided by Korea, records of and will be implemented soon. and Fisheries of the Republic of Korea, pest interceptions at U.S. ports, surveys Therefore, we are not making any and after the Animal and Plant Health conducted by Korea, and two on-site changes based on this comment. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39103 Plant Protection Officers the domestically grown Satsuma commerce ceases in other cases must be Two commenters were concerned tangerines, a citrus fruit similar to the addressed on a case-by-case basis. No about the replacement of plant Unshu orange. Imported Unshu oranges retroactive effect will be given to this pathologists with plant protection are available for only a short period rule; and this rule will not require officers. They felt that the required each year, from early November into administrative proceedings before mid-January. inspections should continue to be parties may file suit in court challenging In the 1992–93 growing season, performed by qualified plant this rule. domestic producers grew approximately pathologists. One commenter believed 362 million pounds of tangerines in Paperwork Reduction Act that plant protection officers might Arizona, California, and Florida. We This rule contains no information accurately identify canker symptoms, estimate annual domestic production of collection or recordkeeping but that only trained plant pathologists Satsuma tangerines to be about 1.9 requirements under the Paperwork could detect the incidence of other million pounds, 0.52 percent of total Reduction Act of 1980 (44 U.S.C. 3501 diseases, such as black spot, on fruit domestic tangerine production. et seq.). presented for inspection. It is our We anticipate that following the experience that plant protection officers promulgation of this rule, the Republic List of Subjects can be trained to detect these diseases of Korea initially could export about 1.1 7 CFR Part 301 in the field, and that requiring plant million pounds of Unshu oranges to the Agricultural commodities, Plant pathologists to inspect the fruit is United States and increase this amount diseases and pests, Quarantine, unnecessary. to around 3.3 to 4.4 million pounds Reporting and recordkeeping Therefore, based on the rationale set within a few years. While 4.4 million requirements, Transportation. forth in the proposed rule and in this pounds of imported Unshu oranges from document, we are adopting the the Republic of Korea would only 7 CFR Part 319 provisions of the proposal as a final amount to 1.2 percent of the total rule, without change. Bees, Coffee, Cotton, Fruits, Honey, domestic tangerine production, it would Imports, Incorporation by reference, Effective Date constitute over twice the annual Nursery Stock, Plant diseases and pests, domestic production of Satsuma Quarantine, Reporting and This is a substantive rule that relieves tangerines. Again, however, these restrictions and, pursuant to the recordkeeping requirements, Rice, imported Unshu oranges could cost up Vegetables. provisions of 5 U.S.C. 553, may be made to three times as much as domestically effective less than 30 days after produced Satsuma tangerines. Accordingly, 7 CFR parts 301 and 319 publication in the Federal Register. The aggregate economic impact of this are amended as follows: Immediate implementation of this rule rule is expected to be positive. U.S. is necessary to provide relief to those PART 301ÐDOMESTIC QUARANTINE consumers will benefit from a greater NOTICES persons who are adversely affected by availability of Unshu oranges. U.S. restrictions we no longer find importers will also benefit from a 1. The authority citation for part 301 warranted. The shipping season for greater availability of Unshu oranges to continues to read as follows: Unshu oranges from Korea will begin import. Authority: 7 U.S.C. 150bb, 150dd, 150ee, soon. Making this rule effective In the course of rulemaking, if we had 150ff, 161, 162, and 164–167; 7 CFR 2.17, immediately will allow interested come across evidence indicating that 2.51, and 371.2(c). producers and others in the marketing importation of Unshu oranges from the chain to benefit during this year’s Republic of Korea would pose a § 301.83 [Amended] shipping season. Therefore, the significant risk of plant pest 2. In § 301.83, paragraph (a) is Administrator of the Animal and Plant introduction, we would have considered amended by adding the phrase ‘‘or on Health Inspection Service has either developing alternative Cheju Island, Republic of Korea,’’ determined that this rule should be requirements regarding that importation immediately following ‘‘Japan’’. effective upon signature. or continuing to prohibit the importation of Unshu oranges from the PART 319ÐFOREIGN QUARANTINE Executive Order 12866 and Regulatory NOTICES Flexibility Act Republic of Korea. However, our pest risk assessments and our review of 3. The authority citation for part 319 This rule has been reviewed under public comments on the proposal continues to read as follows: Executive Order 12866. The rule has indicated that importation of Unshu been determined to be not significant for Authority: 7 U.S.C. 150dd, 150ee, 150ff, oranges from the Republic of Korea 151–167, and 450; 21 U.S.C. 136 and 136a; the purposes of Executive Order 12866 would pose no significant risk of plant 7 CFR 2.17, 2.51, and 371.2(c). and, therefore, has not been reviewed by pest introduction. the Office of Management and Budget. § 319.28 [Amended] Executive Order 12778 In accordance with 5 U.S.C. 601 et 4. Section 319.28 is amended as seq., we have performed a Final This rule allows Unshu oranges to be follows: Regulatory Flexibility Analysis, set forth imported into the United States from a. Paragraph (a)(1) is amended by below, regarding the economic impact Cheju Island, Republic of Korea. State adding the phrase ‘‘the Republic of of this rule on small entities. and local laws and regulations regarding Korea,’’ immediately following the This final rule allows Unshu oranges Unshu oranges imported under this rule phrase ‘‘Japan and adjacent islands,’’. grown on Cheju Island, Republic of will be preempted while the fruit is in b. In paragraph (b), the introductory Korea, to be imported into and through foreign commerce. Fresh Unshu oranges text is amended by adding the phrase 45 States after meeting certain are generally imported for immediate ‘‘or on Cheju Island, Republic of Korea,’’ requirements. distribution and sale to the consuming immediately following ‘‘Japan’’. Unshu oranges are imported for a public, and will remain in foreign c. In paragraph (b)(1), the first small market in the United States and commerce until sold to the ultimate sentence is amended by removing the sell for two to three times the price of consumer. The question of when foreign phrase ‘‘Japanese Plant Protection 39104 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations Service’’ and adding the phrase ‘‘plant DATES: Effective beginning April 1, the order, any provision of the order, or protection service of the country of 1995, through March 31, 1996. any obligation imposed in connection origin’’ in its place; and in the third and Comments must be received by August with the order is not in accordance with sixth sentences, the word ‘‘pathologists’’ 31, 1995. law and requesting a modification of the is removed and the phrase ‘‘protection ADDRESSES: Interested persons are order or to be exempted therefrom. A officers’’ is added in its place and the invited to submit written comments handler is afforded the opportunity for word ‘‘Japan’’ is removed and the concerning this rule. Comments must be a hearing on the petition. After the phrase ‘‘the country of origin’’ is added sent in triplicate to the Docket Clerk, hearing, the Secretary would rule on the in its place. Fruit and Vegetable Division, AMS, petition. The Act provides that the d. Paragraph (b)(2) is amended by USDA, PO Box 96456, room 2523–S, district court of the United States in any removing the word ‘‘pathologists’’ and Washington, DC 20090–6456; or by district in which the handler is an adding the phrase ‘‘protection officers’’ FAX: (202) 720–5698. All comments inhabitant, or has his or her principal in its place and by removing the word should reference the docket number and place of business, has jurisdiction in ‘‘Japan’’ and adding the phrase ‘‘the the date and page number of this issue equity to review the Secretary’s ruling country of origin’’ in its place. of the Federal Register and will be on the petition, provided a bill in equity e. Paragraph (b)(4)(ii) is amended by made available for public inspection in is filed not later than 20 days after date removing the phrase ‘‘Japanese Plant the Office of the Docket Clerk during of the entry of the ruling. Protection Service’’ and adding the regular business hours. Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the phrase ‘‘plant protection service of the FOR FURTHER INFORMATION CONTACT: Administrator of the Agricultural country of origin’’ in its place. Britthany E. Beadle, Marketing Order Marketing Service (AMS) has f. Paragraph (b)(7) is removed. Administration Branch, Fruit and considered the economic impact of this g. In paragraph (f), the word ‘‘Japan’’ Vegetable Division, AMS, USDA, PO is removed and the phrase ‘‘the country rule on small entities. Box 96456, room 2523–S, Washington, The purpose of the RFA is to fit of origin of the Unshu oranges’’ is added DC 20090–6456; telephone: (202) 720– in its place. regulatory actions to the scale of 5127; or Teresa Hutchinson, Northwest business subject to such actions in order Done in Washington, DC, this 24th day of Marketing Field Office, Fruit and that small businesses will not be unduly July 1995. Vegetable Division, AMS, USDA, 1220 or disproportionately burdened. Lonnie J. King, SW., Third Avenue, room 369, Portland, Marketing orders issued pursuant to the Administrator, Animal and Plant Health OR 97204; telephone: (503) 326–2724. Act, and rules issued thereunder, are Inspection Service. SUPPLEMENTARY INFORMATION: This unique in that they are brought about [FR Doc. 95–18778 Filed 7–31–95; 8:45 am] interim final rule is issued under through group action of essentially BILLING CODE 3410±34±P Marketing Agreements and Marketing small entities acting on their own Order No. 922 (7 CFR part 922) behalf. Thus, both statutes have small regulating the handling of apricots entity orientation and compatibility. Agricultural Marketing Service grown in designated counties in There are about 55 handlers of Washington; Marketing Order No. 923 (7 Washington apricots, 55 handlers of 7 CFR Parts 922, 923, and 924 CFR part 923) regulating the handling of Washington sweet cherries, and 30 sweet cherries grown in designated [Docket No. FV95±922±2IFR] handlers of Washington-Oregon fresh counties in Washington; and Marketing prunes subject to regulation under their Expenses for the 1995±96 Fiscal Year Order No. 924 (7 CFR part 924) respective marketing orders. In addition, for Specified Marketing Orders regulating the handling of fresh prunes there are about 190 Washington apricot grown in designated counties in producers, 1,100 Washington sweet AGENCY: Agricultural Marketing Service, Washington and in Umatilla County, cherry producers, and 350 Washington- USDA. Oregon. The marketing agreements and Oregon fresh prune producers in the ACTION: Interim final rule with request orders are effective under the respective production areas. Small for comments. Agricultural Marketing Agreement Act agricultural producers have been of 1937, as amended (7 U.S.C. 601–674), defined by the Small Business SUMMARY: This interim final rule hereinafter referred to as the Act. Administration (13 CFR 121.601) as authorizes expenses for the 1995–96 The Department of Agriculture those having annual receipts of less than fiscal year for Marketing Orders (M.O.) (Department) is issuing this rule in $500,000, and small agricultural service No.’s 922 and 923, covering apricots and conformance with Executive Order firms are defined as those whose annual sweet cherries grown in designated 12866. receipts are less than $5,000,000. The counties in Washington, and M.O. No. This interim final rule has been majority of these handlers and 924 covering fresh prunes grown in reviewed under Executive Order 12778, producers may be classified as small designated counties in Washington and Civil Justice Reform. This action entities. in Umatilla County, Oregon. authorizes expenses for the 1995–96 An annual budget of expenses is Authorization of these budgets enables fiscal period which began April 1, 1995, prepared by each marketing order the Washington Apricot Marketing through March 31, 1996. This interim committee and submitted to the Committee, the Washington Cherry final rule will not preempt any State or Department for approval. The members Marketing Committee, and the local laws, regulations, or policies of the Committees are handlers and Washington-Oregon Fresh Prune unless they present an irreconcilable producers of the regulated commodities. Marketing Committee (Committees) conflict with this rule. They are familiar with the Committees’ established under these marketing The Act provides that administrative needs and with the costs for goods, orders to incur expenses that are proceedings must be exhausted before services, and personnel in their local reasonable and necessary to administer parties may file suit in court. Under areas and are thus in a position to the programs. Funds to administer the section 608c(15)(A) of the Act, any formulate appropriate budgets. The programs are derived from assessments handler subject to an order may file budgets are formulated and discussed in on handlers. with the Secretary a petition stating that public meetings. Thus, all directly Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39105 affected persons have an opportunity to rule as hereinafter set forth will tend to § 923.235 Expenses and assessment rate. participate and provide input. effectuate the declared policy of the Act. Expenses of $55,393 by the The Washington Apricot Marketing Pursuant to 5 U.S.C. 553, it is also Washington Cherry Marketing Committee met on May 25, 1995, and found and determined upon good cause Committee are authorized for the fiscal unanimously recommended 1995–96 that it is impracticable, unnecessary, year ending March 31, 1996. Any expenses of $9,594, which is $4,008 less and contrary to the public interest to unexpended funds may be carried over in expenses than the $13,602 amount give preliminary notice prior to putting as a reserve. that was recommended for the 1994–95 this rule into effect and that good cause fiscal year. exists for not postponing the effective PART 924ÐFRESH PRUNES GROWN Shipments of fresh apricots for the date of this action until 30 days after IN DESIGNATED COUNTIES IN current fiscal year are estimated at 5,150 publication in the Federal Register WASHINGTON AND UMATILLA tons. Funds in the reserve, estimated at because: (1) The 1995–96 fiscal year for COUNTY, OREGON $16,798, will be adequate to cover the the Committees began April 1, 1995, 4. A new § 924.235 is added to read recommended expense amount. and the Committees need to have as follows: The Washington Cherry Marketing approval to pay their respective Committee also met on March 25, 1995, expenses which are incurred on a § 924.235 Expenses and assessment rate. and unanimously recommended 1995– continuous basis; (2) this action is Expenses of $10,018 by the 96 expenses of $55,393. This represents similar to previously recommended Washington-Oregon Fresh Prune a decrease of $44,820 from the $100,213 budgets; and (3) this interim final rule Marketing Committee are authorize for recommended for the previous fiscal provides a 30-day comment period, and the fiscal year ending March 31, 1996. year. all comments timely received will be Any unexpended funds may be carried The Committee anticipates shipments considered prior to finalization of this over as a reserve. of 41,000 tons of fresh sweet cherries. action. Dated: July 26, 1995. Funds in the reserve, estimated at List of Subjects Sharon Bomer Lauritsen, $112,995, will be adequate to cover Deputy Director, Fruit and Vegetable Division. budgeted expenses. 7 CFR Part 922 [FR Doc. 95–18787 Filed 7–31–95; 8:45 am] The Washington-Oregon Fresh Prune Apricots, Marketing agreements, BILLING CODE 3410±02±P Marketing Committee also met on Reporting and recordkeeping March 25, 1995, and unanimously requirements. recommended a 1995–96 expense 7 CFR Part 948 amount of $10,018. In comparison, this 7 CFR Part 923 represents a decrease of $8,742 in Cherries, Marketing agreements, [Docket No. FV95±948±1FIR] expenses from the $18,760 that was Reporting and recordkeeping Irish Potatoes Grown in Colorado; recommended for 1994–95 fiscal year. requirements. Expenses and Assessment Rate Shipments of fresh prunes for the 7 CFR Part 924 current fiscal year are estimated at 4,900 AGENCY: Agricultural Marketing Service, tons. Funds in the reserve, estimated at Marketing agreements, Plums, Prunes, USDA. $16,204, will adequately cover Reporting and recordkeeping ACTION: Final rule. recommended expenses. requirements. Each Committee unanimously voted For the reasons set forth in the SUMMARY: The Department of against having assessment rates for their preamble, 7 CFR parts 922, 923, and 924 Agriculture (Department) is adopting as respective programs for the 1995–96 are amended as follows: a final rule, without change, the fiscal year. In comparison, assessment 1. The authority citation for 7 CFR provisions of an interim final rule that rates for the 1994–95 fiscal year were parts 922, 923, and 924 continues to authorized expenses and established an $0.50 per ton for fresh apricots, $1.00 read as follows: assessment rate that generated funds to per ton for sweet cherries, and $1.00 per pay those expenses. Authorization of Authority: 7 U.S.C. 601–674. ton for fresh prunes. this budget enables the Colorado Potato Major expense categories for the Note: These sections will not appear in the Administrative Committee, Northern Code of Federal Regulations. Committees are for the administration of Colorado Office (Area III) (Committee) these marketing orders. Administrative PART 922ÐAPRICOTS GROWN IN to incur expenses that are reasonable expenses include $43,000 for salaries, DESIGNATED COUNTIES IN and necessary to administer the $2,700 for travel, and $15,600 for office WASHINGTON program. Funds to administer this operations. The stone fruit marketing program are derived from assessments Committees share office expenses, based 2. A new § 922.234 is added to read on handlers. on an agreement among the Committees. as follows: EFFECTIVE DATE: July 1, 1995, through June 30, 1996. Since no assessment rates are being § 922.234 Expenses and assessment rate. recommended at this time, no FOR FURTHER INFORMATION CONTACT: additional costs will be imposed on Expenses of $9,594 by the Washington Martha Sue Clark, Marketing Order handlers. Therefore, the Administrator Apricot Marketing Committee are Administration Branch, Fruit and of the AMS has determined that this authorized for the fiscal year ending Vegetable Division, AMS, USDA, PO action will not have a significant March 31, 1996. Any unexpended funds Box 96456, room 2523–S, Washington, economic impact on a substantial may be carried over as a reserve. DC 20090–6456, telephone 202–720– number of small entities. PART 923ÐSWEET CHERRIES 9918, or Dennis L. West, Northwest After consideration of all relevant GROWN IN DESIGNATED COUNTIES Marketing Field Office, Fruit and matter presented, including information IN WASHINGTON Vegetable Division, AMS, USDA, Green- and recommendations submitted by the Wyatt Federal Building, room 369, 1220 Committees and other available 3. A new § 923.235 is added to read Southwest Third Avenue, Portland, OR information, it is hereby found that this as follows: 97204, telephone 503–326–2724. 39106 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations SUPPLEMENTARY INFORMATION: This rule behalf. Thus, both statutes have small which no funding was recommended is issued under Marketing Agreement entity orientation and compatibility. last year. No. 97 and Order No. 948, both as There are approximately 85 producers The Committee also unanimously amended (7 CFR part 948), regulating of Colorado Area III potatoes under the recommended an assessment rate of the handling of Irish potatoes grown in marketing order and approximately 15 $0.02 per hundredweight, the same as Colorado. The marketing agreement and handlers. Small agricultural producers last season. This rate, when applied to order are effective under the have been defined by the Small anticipated potato shipments of Agricultural Marketing Agreement Act Business Administration (13 CFR 1,200,500 hundredweight, will yield of 1937, as amended (7 U.S.C. 601–674), 121.601) as those having annual receipts $24,010 in assessment income. This, hereinafter referred to as the Act. of less than $500,000, and small along with $1,500 in interest income, The Department is issuing this rule in agricultural service firms are defined as $1,200 in rent from the sublease of conformance with Executive Order those whose annual receipts are less office space to the State inspection 12866. than $5,000,000. The majority of service, and $652.50 from the This rule has been reviewed under Colorado Area III potato producers and Committee’s authorized reserve will be Executive Order 12778, Civil Justice handlers may be classified as small adequate to cover budgeted expenses. Reform. Under the provisions of the entities. Funds in the reserve at the end of the marketing order now in effect, Colorado The budget of expenses for the 1995– 1995–96 fiscal period, estimated at potatoes are subject to assessments. 96 fiscal period was prepared by the $35,195, will be within the maximum Funds to administer the Colorado potato Colorado Potato Administrative permitted by the order of two fiscal marketing order are derived from such Committee, Northern Colorado Office periods’ expenses. assessments. It is intended that the (Area III), the agency responsible for assessment rate as issued herein will be local administration of the marketing An interim final rule was published applicable to all assessable potatoes order, and submitted to the Department in the Federal Register on May 31, 1995 during the 1995–96 fiscal period, which for approval. The members of the (60 FR 28318). That interim final rule began July 1, 1995, and ends June 30, Committee are producers and handlers added § 948.213 to authorize expenses 1996. This final rule will not preempt of Colorado Area III potatoes. They are and establish an assessment rate for the any State or local laws, regulations, or familiar with the Committee’s needs and Committee. That rule provided that policies, unless they present an with the costs for goods and services in interested persons could file comments irreconcilable conflict with this rule. their local area and are thus in a through June 30, 1995. No comments The Act provides that administrative position to formulate an appropriate were received. proceedings must be exhausted before budget. The budget was formulated and While this rule will impose some parties may file suit in court. Under discussed in a public meeting. Thus, all additional costs on handlers, the costs section 608c(15)(A) of the Act, any directly affected persons have had an are in the form of uniform assessments handler subject to an order may file opportunity to participate and provide on all handlers. Some of the additional with the Secretary a petition stating that input. costs may be passed on to producers. the order, any provision of the order, or The assessment rate recommended by However, these costs will be offset by any obligation imposed in connection the Committee was derived by dividing the benefits derived by the operation of with the order is not in accordance with anticipated expenses by expected the marketing order. Therefore, the law and request a modification of the shipments of Colorado Area III potatoes. Administrator of the AMS has order or to be exempted therefrom. Such Because that rate will be applied to determined that this action will not handler is afforded the opportunity for actual shipments, it must be established have a significant economic impact on a hearing on the petition. After the at a rate that will provide sufficient a substantial number of small entities. hearing the Secretary would rule on the income to pay the Committee’s After consideration of all relevant petition. The Act provides that the expenses. material presented, including the district court of the United States in any In Colorado, both a State and a information and recommendation district in which the handler is an Federal marketing order operate submitted by the Committee and other inhabitant, or has his or her principal simultaneously. The State order available information, it is hereby found place of business, has jurisdiction in authorizes promotion, including paid that this rule, as hereinafter set forth, equity to review the Secretary’s ruling advertising, which the Federal order will tend to effectuate the declared on the petition, provided a bill in equity does not. All expenses in this category is filed not later than 20 days after the are financed under the State order. The policy of the Act. date of the entry of the ruling. jointly operated programs consume It is further found that good cause Pursuant to requirements set forth in about equal administrative time and the exists for not postponing the effective the Regulatory Flexibility Act (RFA), the two orders continue to split date of this rule until 30 days after Administrator of the Agricultural administrative costs equally. publication in the Federal Register (5 Marketing Service (AMS) has The Committee met on April 13, 1995, U.S.C. 553) because the Committee considered the economic impact of this and unanimously recommended a needs to have sufficient funds to pay its rule on small entities. 1995–96 budget of $27,362.50, expenses which are incurred on a The purpose of the RFA is to fit $3,037.50 more than the previous year. continuous basis. The 1995–96 fiscal regulatory actions to the scale of Budget items for the 1995–96 Federal period began on July 1, 1995. The business subject to such actions in order portion of the administrative budget marketing order requires that the rate of that small businesses will not be unduly which have increased compared to assessment for the fiscal period apply to or disproportionately burdened. those budgeted for 1994–95 (in all assessable potatoes handled during Marketing orders issued pursuant to the parentheses) are: Audit, $450 ($400), the fiscal period. In addition, handlers Act, and the rules issued thereunder, are medical insurance, $685 ($620), office are aware of this rule which was unique in that they are brought about equipment, $4,500 ($2,000), payroll tax, recommended by the Committee at a through group action of essentially $902.50 ($880), Federal meetings, $500 public meeting and published in the small entities acting on their own ($400), and $300 for other salary for Federal Register as an interim final rule. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39107 List of Subjects in 7 CFR Part 948 Vegetable Division, AMS, USDA, P.O. business subject to such actions in order Marketing agreements, Potatoes, Box 96456, room 2523–S, Washington, that small businesses will not be unduly Reporting and recordkeeping DC 20090–6456, telephone 202–720– or disproportionately burdened. requirements. 9918; or Richard P. Van Diest, California Marketing orders issued pursuant to the Marketing Field Office, Fruit and Act, and the rules issued thereunder, are For the reasons set forth in the Vegetable Division, AMS, USDA, suite unique in that they are brought about preamble, 7 CFR part 948 is amended as 102B, 2202 Monterey Street, Fresno, through group action of essentially follows: California 93721, telephone 209–487– small entities acting on their own Note: This section will not appear in the 5901. behalf. Thus, both statutes have small Code of Federal Regulations. SUPPLEMENTARY INFORMATION: This rule entity orientation and compatibility. is issued under Marketing Agreement There are approximately 1,360 PART 948ÐIRISH POTATOES GROWN and Order No. 993, both as amended (7 producers of California dried prunes IN COLORADO CFR part 993), regulating the handling under this marketing order, and Accordingly, the interim final rule of dried prunes produced in California. approximately 20 handlers. Small adding § 948.213 which was published The marketing agreement and order are agricultural producers have been at 60 FR 28318, May 31, 1995, is effective under the Agricultural defined by the Small Business adopted as a final rule without change. Marketing Agreement Act of 1937, as Administration (13 CFR 121.601) as amended (7 U.S.C. 601–674), hereinafter those having annual receipts of less than Dated: July 26, 1995. referred to as the Act. $500,000, and small agricultural service Sharon Bomer Lauritsen, The Department of Agriculture firms are defined as those whose annual Deputy Director, Fruit and Vegetable Division. (Department) is issuing this rule in receipts are less than $5,000,000. The [FR Doc. 95–18786 Filed 7–31–95; 8:45 am] conformance with Executive Order majority of California dried prune BILLING CODE 3410±02±P 12866. producers and handlers may be This interim final rule has been classified as small entities. reviewed under Executive Order 12778, The budget of expenses for the 1995– 7 CFR Part 993 Civil Justice Reform. Under the 96 crop year was prepared by the Prune provisions of the marketing order now Marketing Committee, the agency [Docket No. FV95±993±1IFR] in effect, California prunes are subject to responsible for local administration of Dried Prunes Produced in California; assessments. It is intended that the the marketing order, and submitted to the Department of Agriculture for Expenses and Assessment Rate assessment rate as issued herein will be applicable to all assessable prunes approval. The members of the AGENCY: Agricultural Marketing Service, handled during the 1995–96 crop year, Committee are producers and handlers USDA. which begins August 1, 1995, and ends of California dried prunes. They are ACTION: Interim final rule with request July 31, 1996. This interim final rule familiar with the Committee’s needs and for comments. will not preempt any State or local laws, with the costs of goods and services in regulations, or policies, unless they their local area and are thus in a SUMMARY: This interim final rule present an irreconcilable conflict with position to formulate an appropriate authorizes expenditures and establishes this rule. budget. The budget was formulated and an assessment rate under Marketing The Act provides that administrative discussed in a public meeting. Thus, all Order No. 993 for the 1995–96 crop proceedings must be exhausted before directly affected persons have had an year. Authorization of this budget parties may file suit in court. Under opportunity to participate and provide enables the Prune Marketing Committee section 608c(15)(A) of the Act, any input. (Committee) to incur expenses that are handler subject to an order may file The assessment rate recommended by reasonable and necessary to administer with the Secretary a petition stating that the Committee was derived by dividing the program. Funds to administer this the order, any provisions of the order, anticipated expenses by expected program are derived from assessments or any obligation imposed in connection shipments of dried California prunes. on handlers. with the order is not in accordance with Because that rate will be applied to actual shipments, it must be established DATES: Effective beginning August 1, law and requesting a modification of the at a rate that will provide sufficient 1995, through July 31, 1996. Comments order or to be exempted therefrom. Such income to pay the Committee’s received by August 31, 1995, will be handler is afforded the opportunity for a hearing on the petition. After the expenses. considered prior to issuance of a final The Committee met June 22, 1995, rule. hearing the Secretary would rule on the petition. The Act provides that the and unanimously recommended a ADDRESSES: Interested persons are district court of the United States in any 1995–96 budget of $275,280, $5,080 invited to submit written comments district in which the handler is an more than the previous year. Budget concerning this action. Comments must inhabitant, or has his or her principal items for 1995–96 which have increased be sent in triplicate to the Docket Clerk, place of business has jurisdiction in compared to those budgeted for 1994–95 Fruit and Vegetable Division, AMS, equity to review the Secretary’s ruling (in parentheses) are: Executive salaries, USDA, P.O. Box 96456, room 2523–S, on the petition, provided a bill in equity $87,980 ($83,850), clerical salaries, Washington, DC 20090–6456, FAX 202– is filed not later than 20 days after the $19,440 ($18,650), office rent, $22,000 720–5698. Comments should reference date of the entry of the ruling. ($21,500), postage and messenger, the docket number and the date and Pursuant to the requirements set forth $5,500 ($5,000), rental of equipment, page number of this issue of the Federal in the Regulatory Flexibility Act (RFA), $3,000 ($500), purchase of equipment, Register and will be available for public the Administrator of the Agricultural $5,000 ($4,500), acreage survey, $10,500 inspection in the Office of the Docket Marketing Service (AMS) has ($10,000), and reserve for contingencies, Clerk during regular business hours. considered the economic impact of this $19,310 ($19,250). Items which have FOR FURTHER INFORMATION CONTACT: rule on small entities. decreased compared to the amount Martha Sue Clark, Marketing Order The purpose of the RFA is to fit budgeted for 1994–95 (in parentheses) Administration Branch, Fruit and regulatory actions to the scale of are: Employee benefits $15,400 39108 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations ($15,800), repairs and maintenance, List of Subjects in 7 CFR Part 993 Office of Regulations and Rulings, U.S. $3,000 ($4,000), stationary and printing, Marketing agreements, Plums, Prunes, Customs Service, 1301 Constitution $4,000 ($6,500), and Committee travel, Reporting and recordkeeping Avenue, NW., Washington, DC 20229. $9,000 ($9,500). All other items are requirements. Comments may be inspected at the Regulations Branch, Office of budgeted at last year’s amounts. For the reasons set forth in the Regulations and Rulings, Franklin The Committee also unanimously preamble, 7 CFR part 993 is amended as Court, 1099 14th Street, NW., Suite recommended an assessment rate of follows: $1.55 per salable ton, $0.05 less than the 4000, Washington, DC. previous year. This rate, when applied PART 993ÐDRIED PRUNES FOR FURTHER INFORMATION CONTACT: to anticipated shipments of 177,600 PRODUCED IN CALIFORNIA Karen Cooper, Quota Branch, (202) 927– 5401. salable tons, will yield $275,280 in 1. The authority citation for 7 CFR assessment income, which will be part 993 continues to read as follows: SUPPLEMENTARY INFORMATION: adequate to cover budgeted expenses. Background Any funds not expended by the Authority: 7 U.S.C. 601–674. Committee during a crop year may be 2. A new § 993.346 is added to read As a result of the Uruguay Round used, pursuant to § 993.81(c), for a as follows: Agreements, approved by Congress in period of five months subsequent to that Note: This section will not appear in the section 101 of the Uruguay Round crop year. At the end of such period, the Code of Federal Regulations. Agreements Act (Pub. L. 103–465), the excess funds are returned or credited to President, by Presidential Proclamation handlers. § 993.346 Expenses and assessment rate. No. 6763, established a tariff-rate quota Expenses of $275,280 by the Prune for imported beef. While this action will impose some Marketing Committee are authorized, Briefly, under a tariff-rate quota, the additional cost on handlers, the costs and an assessment rate of $1.55 per United States applies one tariff rate, are in the form of uniform assessments salable ton of dried prunes is known as the in-quota tariff rate, to on handlers. Some of the additional established for the crop year ending July imports of a product up to a particular costs may be passed on to producers. 31, 1996. Unexpended funds may be amount, known as the in-quota quantity, However, these costs will be offset by carried over as a reserve within the and another, higher rate, known as the the benefits derived by the operation of limitations specified in § 993.81(c). over-quota tariff rate, to imports of the the marketing order. Therefore, the Date: July 26, 1995. product in excess of the given amount. Administrator of the AMS has Of course, the preferential, in-quota Sharon Bomer Lauritsen, determined that this action will not tariff rate would be applicable only to have a significant economic impact on Deputy Director, Fruit and Vegetable Division. the extent that the in-quota quantity for a substantial number of small entities. [FR Doc. 95–18788 Filed 7–31–95; 8:45 am] the country involved had not been After consideration of all relevant BILLING CODE 3410±02±P±M exceeded. matter presented, including the The specific imported beef, as well as information and recommendations the various countries, eligible for the in- submitted by the Committee and other DEPARTMENT OF THE TREASURY quota tariff rate are set forth in Additional U.S. Note 3, Schedule XX, available information, it is hereby found Customs Service that this rule, as hereinafter set forth, Chapter 2, of the Harmonized Tariff Schedule of the United States. The will tend to effectuate the declared 19 CFR PART 132 policy of the Act. eligible countries which may export [T.D. 95±58] such beef to the United States and avail Pursuant to 5 U.S.C. 553, it is also RIN 1515±AB73 themselves of the preferential, in-quota found and determined upon good cause tariff rate include Australia, New that it is impracticable, unnecessary, Export Certificates for Beef Subject to Zealand and Japan. and contrary to the public interest to Tariff-Rate Quota As part of the implementation of the give preliminary notice prior to putting tariff-rate quota for beef, the United this rule into effect and that good cause AGENCY: U.S. Customs Service, States, specifically, the United States exists for not postponing the effective Department of the Treasury. Trade Representative (USTR), is offering date of this action until 30 days after ACTION: Interim rule; solicitation of these exporting countries that have an publication in the Federal Register comments. allocation of the in-quota quantity the because: (1) The Committee needs to opportunity to use export certificates for have sufficient funds to pay its expenses SUMMARY: This document amends the their qualifying beef exports to the which are incurred on a continuous Customs Regulations on an interim basis United States. Although countries that basis, (2) the crop year begins on August in order to set forth the form and have an allocation of the in-quota 1, 1995, and the marketing order manner by which an importer makes a quantity are referred to in the statutory requires that the rate of assessment for declaration that a valid export certificate law as ‘‘participating countries’’, for the fiscal period apply to all assessable is in effect for imported beef which is purposes of this interim rule, a California prunes handled during the the subject of a tariff-rate quota and the participating country constitutes an crop year; (3) handlers are aware of this product of a participating country, as allocated country that has been action which was unanimously defined in interim regulations of the authorized to participate in the export recommended by the Committee at a United States Trade Representative. certificate program. Notably, New public meeting and is similar to other DATES: Interim rule effective August 1, Zealand has already requested the budget actions issued in past years; and 1995; comments must be received on or opportunity to participate in the export (4) this interim final rule provides a 30- before October 2, 1995. certificate program. day comment period, and all comments ADDRESSES: Written comments While a country does not need to timely received will be considered prior (preferably in triplicate) may be participate in the export certificate to finalization of this action. addressed to the Regulations Branch, program in order to receive the in-quota Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39109 tariff rate for its share of the in-quota States and implements an international identifies the participating country (see quantity, using export certificates agreement, it is not subject to the § 142.42(d) of this chapter); and provides an effective and expeditious provisions of E.O. 12866. (3) Any 6-digit number issued by the means of assuring an exporting country participating country with respect to the Regulatory Flexibility Act that only those exports that it intends export certificate. for the United States market are counted Because no notice of proposed (c) Retention and submission of against its in-quota allocation, which rulemaking is required for interim certificate to Customs. helps ensure that such exports do not regulations, the provisions of the (1) Retention. The export certificate disrupt the orderly marketing of beef in Regulatory Flexibility Act (5 U.S.C. 601 must be retained by the importer for a the United States. et seq.) do not apply. period of at least 5 years from the date An exporting country using export Drafting Information of entry, or withdrawal from warehouse, certificates in this regard must notify the for consumption (see § 162.1c of this USTR and provide the necessary The principal author of this document chapter). supporting information. Customs will was Russell Berger, Office of (2) Submission to Customs. The then be responsible for ensuring that no Regulations and Rulings, U.S. Customs importer shall submit a copy of the imports of beef from that country are Service. However, personnel from other export certificate to Customs upon counted against the country’s in-quota offices participated in its development. request. allocation unless such beef is covered List of Subjects in 19 CFR Part 132 Approved: July 25, 1995. by a proper export certificate. George J. Weise, Accordingly, the USTR has Customs duties and inspection, undertaken interim rulemaking in this Imports, Postal service, Quotas. Commissioner of Customs. matter (15 CFR part 2012) (60 FR 15229, Amendment to the Regulations Dennis M. O’Connell, March 23, 1995). In addition, along with Acting Deputy Assistant Secretary of the Accordingly, chapter I of title 19, the interim rulemaking of the USTR, Treasury. Code of Federal Regulations (19 CFR ch. Customs is issuing this interim rule in [FR Doc. 95–18814 Filed 7–31–95; 8:45 am] I), is amended as set forth below. order to set forth the form and manner BILLING CODE 4820±02±P by which an importer declares that a PART 132ÐQUOTAS valid export certificate exists, including a unique number therefor which must 1. The general authority citation for Internal Revenue Service be referenced on the entry, or part 132 continues to read as follows, 26 CFR Part 31 withdrawal from warehouse, for and specific sectional authority for consumption. This interim rule also sets § 132.15 is added, to read as follows: [TD 8604] forth the record retention period for the Authority: 19 U.S.C. 66, 1202 (General RIN 1545±AS22 certificate and requires the submission Note 20, Harmonized Tariff Schedule of the of such certificate to Customs upon United States (HTSUS)), 1623, 1624. Liability of Third Parties Paying or request. § 132.15 also issued under 19 U.S.C. 1484, Providing for Wages: Suit Period and 1508, and Schedule XX, HTSUS. Comments Its Extension and Maximum Amount 2. Part 132 is amended by adding a Recoverable Before adopting this interim new § 132.15 to read as follows: regulation as a final rule, consideration AGENCY: Internal Revenue Service (IRS), will be given to any written comments § 132.15 Export certificate for beef subject Treasury. to tariff-rate quota. timely submitted to Customs. Comments ACTION: Final regulations. submitted will be available for public (a) Requirement. In order to claim the inspection in accordance with the in-quota tariff rate of duty on beef, SUMMARY: This document contains final Freedom of Information Act (5 U.S.C. defined in 15 CFR 2012.2(a), that is the regulations regarding the liability of 552), § 1.4, Treasury Department product of a participating country, lenders, sureties, or other third persons Regulations (31 CFR 1.4), and defined in 15 CFR 2012.2(e), the for withholding taxes when those § 103.11(b), Customs Regulations (19 importer must possess a valid export persons have supplied funds, either CFR 103.11(b)), on regular business days certificate at the time that such beef is directly to employees or to or for the between the hours of 9 a.m. and 4:30 entered, or withdrawn from warehouse account of an employer, for the specific p.m. at the Regulations Branch, Office of for consumption. The importer shall purpose of paying wages of the Regulations and Rulings, U.S. Customs record the unique identifying number of employees of that employer. The final Service, Franklin Court, 1099 14th the export certificate on the entry regulations affect third parties paying or Street, NW., Washington, DC. summary or the warehouse withdrawal providing for wages. (CF 7501, column 34). EFFECTIVE DATE: August 1, 1995. Inapplicability of Notice and Delayed (b) Validity of certificate. The export FOR FURTHER INFORMATION CONTACT: Effective Date Requirements certificate, to be valid, must meet the Robert A. Walker, (202) 622–3640 (not Pursuant to the provisions of 5 U.S.C. requirements of 15 CFR 2012.3(b), and a toll-free number). 553(a), public notice is inapplicable to with respect to the requirement of 15 this interim rule because it is within the CFR 2012.3(b)(3) that the certificate be SUPPLEMENTARY INFORMATION: distinct and uniquely identifiable, the foreign affairs function of the United Background States. Furthermore, for the above certificate must have a distinct and reason, pursuant to 5 U.S.C. 553 (d)(1) unique identifying number composed of These final regulations contain and (d)(3), there is no need for a delayed three elements set forth in the following changes to § 31.3505–1. Section 3505 of effective date. order: the Internal Revenue Code (Code) was (1) The last digit of the year for which added by section 105(a) of the Federal Executive Order 12866 the export certificate is in effect; Tax Lien Act of 1966, Public Law 89– Because this document involves a (2) The 2-digit ISO country of origin 719 (1966). Treasury regulations were foreign affairs function of the United code from Annex B of the HTSUS which issued with an effective date of August 39110 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 19, 1976 (TD 7430). Neither the Code the withholding taxes and interest from 2. Removing the phrase ‘‘, plus section nor the regulations has been six years to ten years. This revision will interest thereon’’ from the final sentence amended since enactment or issuance, conform the period of limitations for the of paragraph (b)(2), Example (1). respectively. The IRS published a notice purposes of section 3505 with the 3. Removing the phrase ‘‘for of proposed rulemaking in the Federal general rule on limitations on withholding taxes’’ from the fifth Register on November 22, 1994, (59 FR collection. See section 6502, amended sentence of paragraph (b)(2), Example 60099) providing proposed rules under by the Omnibus Budget Reconciliation (2). section 3505 of the Code. No public Act of 1990, Public Law 101–508, comments were received and section 11317(a)(1) (1990). 4. Removing the phrase ‘‘plus interest accordingly, the final regulations are Finally, § 31.3505–1(d)(3) has been thereon’’ from the final sentence of identical to the proposed regulations. added to provide for extensions of the paragraph (b)(2), Example (2). Explanation of Provisions period of limitation for collection 5. Revising the final sentence of because, on occasion, the IRS or the paragraph (d)(1). Under section 3505(b), if a lender, lender requires additional time for 6. Revising the final sentence of surety, or other person (the lender) compliance with the regulation. supplies funds to or for the account of paragraph (d)(2)(iii). an employer for the specific purpose of Special Analyses 7. Adding paragraphs (d)(3) and (g). paying wages of the employees of that It has been determined that this The additions and revisions read as employer, and the lender has actual Treasury decision is not a significant follows: notice or knowledge (within the regulatory action as defined in EO meaning of section 6323(i)(1)) that the 12866. Therefore, a regulatory § 31.3505±1 Liability of third parties paying employer does not intend or will not be assessment is not required. It has also or providing for wages. able to make timely payment or deposit been determined that section 553(b) of * * * * * of the required withholding taxes, the the Administrative Procedure Act (5 (d) * * * lender shall be liable to the United U.S.C. chapter 5) and the Regulatory States in a sum equal to the taxes Flexibility Act (5 U.S.C. chapter 6) do (1) * * * In the event that the lender, (together with interest) that are not paid not apply to these regulations, and, surety, or other person does not satisfy over to the United States by the therefore, a Regulatory Flexibility the liability imposed by section 3505, employer with respect to those wages. Analysis is not required. Pursuant to the United States may collect the The lender’s liability for withholding section 7805(f) of the Internal Revenue liability by appropriate civil taxes, in lieu of the employer, is limited Code, the notice of proposed rulemaking proceedings commenced within 10 to an amount equal to 25 percent of the was submitted to the Chief Counsel for years after assessment of the tax against amount of wages so supplied to or for Advocacy of the Small Business the employer. the account of the employer. See section Administration for comment on its * * * * * 3505(b) (final sentence). impact on small business. Existing regulations provide that the (2) * * * 25-percent limitation applies only to the Drafting Information (iii) * * * Thus, after the second tax, and not the interest on that tax, The principal author of these final payment by the employer, the lender’s with the result that the lender could be regulations is Robert Walker, Office of held liable for more than 25 percent of liability under section 3505(b) is $75 Assistant Chief Counsel (General the amount of funds it supplied. The ($250 less $175), plus interest due on Litigation). However, other personnel courts that have addressed this issue, the underpayment for the period of from the IRS and Treasury Department however, have held that the 25-percent underpayment, to a maximum of $250, participated in their development. limitation on the amount of wages 25 percent of the funds supplied. supplied by a third party is an absolute List of Subjects in 26 CFR Part 31 (3) Extensions of the period for cap with respect to the recovery of Employment taxes, Income taxes, collection. Prior to the expiration of the withholding taxes and prejudgment Penalties, Pensions, Railroad retirement, 10-year period for collection after interest. United States v. Metro Constr. Reporting and recordkeeping assessment against the employer, the Co., Inc., 602 F.2d 879 (9th Cir. 1979); requirements, Social Security, lender, surety, or other third party may United States v. Intercontinental Ind., Unemployment compensation. agree in writing with the district Inc., 635 F.2d 1215 (6th Cir. 1980); director, service center director, or United States v. Hannan Co., 639 F.2d Adoption of Amendments to the compliance center director to extend the 284 (5th Cir. 1981); Taubman v. United Regulations 10-year period for collection. The period States, 449 F. Supp. 520 (E.D. Mich. Accordingly, 26 CFR part 31 is so agreed upon may be extended by 1978). See also O’Hare v. United States, amended as follows: subsequent agreements in writing made 878 F.2d 953 (6th Cir. 1989); United before the expiration of the period States v. Security Pacific Business PART 31ÐEMPLOYMENT TAXES previously agreed upon. If any timely Credit, Inc., 956 F.2d 703 (7th Cir. proceeding in court for the collection of 1992); United States v. Vaccarella, 735 Paragraph 1. The authority citation for part 31 continues to read in part as the tax and any applicable interest is F. Supp. 1421 (S.D. Ind. 1990). commenced, the period during which These final regulations conform to follows: such tax and interest may be collected judicial interpretation and clarify that Authority: 26 U.S.C. 7805 * * * shall be extended and shall not expire interest will continue to be computed in addition to any withholding tax § 31.3505±1 [Amended] until the liability for the tax (or a liability, but only to an overall Par. 2. Section 31.3505–1 is amended judgment against the lender, surety, or maximum of 25 percent of the amount by: other third party arising from such of the funds supplied by the lender. 1. Removing the phrase ‘‘for such liability) is satisfied or becomes The final regulations also change the taxes’’ from the second sentence of unenforceable. period of limitations for collection of paragraph (b)(1). * * * * * Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39111 (g) Effective date. These regulations several rate tables published in the table was ‘‘0.130.’’ This row should read are effective on August 1, 1995. Federal Register on July 5, 1995 (60 FR ‘‘0.131.’’ Margaret Milner Richardson, 34854–34856). As a customer On page 34856 in table 8.0, Special Commissioner of Internal Revenue. convenience, the corrected tables are Bulk Third-Class Piece/Pound Rates— Approved: June 21, 1995. reprinted in this document along with Pieces More Than 0.2149 Lb. (3.4383 Leslie Samuels, the remaining tables published on that Oz.), in the fourth column titled Carrier date. route, the second row shown in that Assistant Secretary of the Treasury. table (continued from page 34855) was EFFECTIVE DATE: [FR Doc. 95–18625 Filed 7–31–95; 8:45 am] The Board of Governors ‘‘0.38.’’ This row should read ‘‘0.386.’’ BILLING CODE 4830±01±U has directed that the changes pertaining On page 34856 in table 6.0, Library to postage rates be implemented Rates, in the second column titled effective 12:01 a.m., Sunday, October 1, Single-piece rate, the ninth row through POSTAL SERVICE 1995. the seventieth row shown in the table FOR FURTHER INFORMATION CONTACT: began with ‘‘3.99’’ and ended with 39 CFR Part 111 Ernest Collins, (202) 268–5316. ‘‘16.19.’’ These should read ‘‘4.00’’ and ‘‘16.81,’’ respectively. All rates shown Changes in Preferred Postage RatesÐ In the rules beginning on page 34854 from 9 pounds through 70 pounds were Second-Class Mail, Third-Class Mail, in the issue of Wednesday, July 5, 1995, incorrectly calculated with the and Fourth-Class Library Rate Mail make the following corrections: accumlative addend of 20 cents. The AGENCY: Postal Service. On page 34855 in table 7.0, Special correct accumlative addend is 21 cents. Bulk Third-Class Nonletter-Size ACTION: Postage rate changes; Dated: July 27, 1995. Corrections. Minimum Per-Piece Rates—Pieces 0.2149 Lb. (3.4383 Oz.) or Less, in the Stanley Mires, SUMMARY: This document contains eleventh column titled 3/5–Digit Chief Counsel, Legislative. postage rate corrections to three of the Barcoded, the second row shown in the BILLING CODE 7710±12±P 39112 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39113 39114 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39115 [FR Doc. 95–18847 Filed 7–31–95; 8:45 am] SIPs with sufficient control measures to when the proposed redesignation is BILLING CODE 7710±12±C expeditiously attain and maintain neither noncontroversial nor routine. applicable standards. For Ohio, Lucas Another commentor objected to the final and Wood Counties were designated rule procedure due to insufficient ENVIRONMENTAL PROTECTION nonattainment for ozone, see 43 FR opportunity for public comment. AGENCY 8962 (March 3, 1978), 43 FR 45993 Several commentors requested that the (October 5, 1978), and 40 CFR part 81. direct final rule be withdrawn and 40 CFR Parts 52 and 81 After enactment of the amended Act on republished as a proposed rule. The November 15, 1990, the nonattainment commentors also requested a 30 day [OH50±5±7072, FRL±5258±9] designation of the Toledo area extension of the public comment period. Approval and Promulgation of continued by operation of law according One commentor stated that ‘‘most Implementation Plans and Designation to section 107(d)(1)(C)(i) of the Act; citizens have not heard about the of Areas for Air Quality Planning furthermore, the area was classified by opportunity to comment, and should be Purposes: State of Ohio operation of law as moderate for ozone afforded additional time to do so.’’ pursuant to section 181(a)(1) (56 FR Another commentor requested an AGENCY: Environmental Protection 56694, November 6, 1991), codified at extension of the comment period so that Agency (EPA). 40 CFR 81.336. concerns about increased vehicle ACTION: Final rule. More recently, ambient monitoring emissions caused by new road data for the Toledo area show no construction projects and a possible SUMMARY: On May 2, 1995, the United violations of the ozone National increase in highway tolls can be States Environmental Protection Agency Ambient Air Quality Standard (NAAQS) evaluated and addressed. (USEPA) published a proposed and during the period from 1990 through (1) Response: The USEPA did not direct final rulemaking notice to 1992. The area, therefore, became expect adverse comments regarding the approve the ozone redesignation request eligible for redesignation from approval of the ozone redesignation and associated section 175A nonattainment to attainment consistent request and viewed its decision as maintenance plan for Toledo, Ohio with the amended Act. On September noncontroversial since it believed that under the Clean Air Act. The 30-day 17, 1993, Ohio requested redesignation all of the Clean Air Act requirements for comment period for these notices of the area to attainment with respect to redesignation were met. In response to concluded on June 1, 1995. Four the ozone NAAQS. To ensure continued the adverse comment letters which were comment letters were received in attainment of the ozone standard, Ohio received, the USEPA withdrew the response to the May 2, 1995 proposal, submitted an ozone maintenance SIP for direct final rule. In any event, that and included adverse comments and a the Toledo area with the redesignation process preserves the public request to extend the comment period. request. On November 1, 1993, Ohio opportunity to comment as a proposed The USEPA withdrew the direct final held a public hearing on the rule was published the same day as the rulemaking but denied the request to maintenance plan and redesignation direct final rule was published at 60 FR extend the public comment period. This request. 21490. final rule summarizes all adverse On May 2, 1995, the USEPA The USEPA is denying the extension comments and USEPA’s responses, and published a proposed (60 FR 21490) and requests because it believes the period finalizes the approval of the direct final rule (60 FR 21456) to provided for public comment was redesignation to attainment of the approve the redesignation request and adequate in light of the issues presented National Ambient Air Quality Standard section 175A maintenance plan as by the Toledo redesignation request. for ozone and section 175A revisions to the Ohio ozone State USEPA further notes that the public had maintenance plan for the Toledo area. Implementation Plan (SIP). The USEPA many opportunities to become informed EFFECTIVE DATE: This action will be withdrew the direct final rule on June about the issues as Ohio itself had its effective August 1, 1995. 19, 1995, (60 FR 31917) in response to own public comment period and that a public function for the rulemaking ADDRESSES: Copies of the SIP revisions, receiving adverse comments. This final package was held on March 14, 1995, in public comments and USEPA’s rule addresses these comments and Toledo, Ohio, which was shown on responses are available for inspection at takes final action regarding the television news programs. Moreover, the following address: (It is redesignation and section 175A USEPA has already exceeded the recommended that you telephone maintenance plan for the Toledo area. statutory deadline of section Angela Lee at (312) 353–5142 before II. Summary of Comments and 107(d)(3)(d) to act on this request which visiting the Region 5 Office.) Responses expired on March 17, 1995—and does United States Environmental USEPA has considered the adverse not believe further delay in the action is Protection Agency, Region 5, Air and comments received and has decided to appropriate. Radiation Division, 77 West Jackson proceed with formal action approving (2) Comment: Several commentors Boulevard, Chicago, Illinois 60604. the redesignation. A summary of stated that the last two summers were FOR FURTHER INFORMATION CONTACT: adverse comments received in response abnormally cool and that data for the Angela Lee, Regulation Development to the May 2, 1995 proposed and direct last 10 years indicate a trend toward Section, Air Enforcement Branch (AE– final rulemaking notices (60 FR 21490, warmer summers in the Toledo area. 17J), United States Environmental 60 FR 21456) and responses to these The commentors requested that USEPA Protection Agency, Region 5, 77 West comments is provided below. delay rulemaking so that one or two Jackson Boulevard, Chicago, Illinois Comments were made by two residents years of monitoring data could be 60604, (312) 353–5142. of the Toledo, Ohio area, Environment collected to ensure that the SUPPLEMENTARY INFORMATION: Canada, and the Citizens Commission improvement in air quality was not for Clean Air in the Lake Michigan caused by cooler temperatures. The I. Background Information Basin. commentors also stated that it would be The 1977 Act required areas that were (1) Comment: A commentor objects to a waste of resources to redesignate the designated nonattainment to develop the use of the direct final procedure area to attainment when a violation 39116 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations would require a redesignation back to mentioned trends which were not period was not unusually cool in terms nonattainment. conducive to efficient transportation of temperatures. Thus, the State has (2) Response: The USEPA may not such as decreasing bus ridership, adequately demonstrated that the air delay action on this redesignation increasing tolls on the Ohio Turnpike, quality improvement was not due to request since section 107(d)(3)(E) widening of I–75 which will lead to unusually favorable meteorology. requires USEPA to act on complete increased VMT, increasing single- To meet section 107(d)(3)(E)(iii), the redesignation requests within 18 occupant vehicle capacity, and improvement in air quality does not months of their receipt—a period that increasing use of the Toledo Airport. have to be shown to be permanent, only expired on March 17, 1995. Another commentor submitted excerpts the measures that resulted in the Furthermore, in establishing the criteria from an article regarding traffic flow on improvement need to be permanent and for determining if an area is in congested roads from the American enforceable. However, section attainment of the ozone standard, Scientist dated November-December 107(d)(3)(E)(iv) does require that the USEPA used three years of ambient 1988 written by Joel E. Cohen, Professor area have a fully approved maintenance monitoring data. See 40 CFR part 50, of Populations, Rockefeller University. plan showing that the ozone standard Appendix H. The USEPA notes that the The USEPA and the State of Ohio will be maintained for ten years into the Toledo area has been in attainment for have failed to demonstrate that the future. This can be done through air four consecutive three-year periods improvement in air quality was due to quality modeling or by using emissions (1989–1991, 1990–1992, 1991–1993, permanent and enforceable emission projections. Ohio demonstrated that, by and 1992–1994). This includes six years reductions rather than atypically cool considering the growth in the area of ambient monitoring data. Thus, ozone seasons in 1992 and 1993. Also (including VMT growth) and existing Toledo has already been in attainment the controls on the volatility of gasoline controls on emission sources, emissions substantially longer than the three-year through lowering of the Federal will remain below the attainment year period required. The CAA expressly Volatility standard and controls new inventory through the year 2005. In contemplates the possibility that areas cars under the Federal Motor Vehicle projecting mobile source emissions, redesignated to attainment may violate Emissions Control Program (FMVECP) Ohio obtained VMT based on the the NAAQS after redesignation and are insufficient to guarantee permanent Highway Performance Modeling System requires contingency plans to address improvements under the Clean Air Act. which uses traffic counting data for the future violations. Ohio has adopted These measures represent only a few of year 1990. To forecast VMT to the year such a plan for Toledo. If a violation the requirements that should have been 2005, Ohio used growth parameters occurs, Stage II Vapor Recovery Program enacted prior to any serious based on modeling of the Long Range (Stage II) and a vehicle inspection and consideration of the redesignation Transportation Plan (future highway maintenance program (I/M) will be request by USEPA. network). This modeling process implemented according to a specified (3) Response: Section 107(d)(3)(E)(iii) incorporated population growth schedule. If a violation occurs after of the Clean Air Act requires the USEPA estimates from Ohio Data Users Center, these programs have been implemented, to determine that ‘‘the improvement in employment forecasts and other nitrogen oxides (NOX) Reasonably air quality is due to permanent and forecasts of socio-economic data. The Available Control Technology enforceable reductions in emissions methodology which was used to project requirements will be implemented in resulting from implementation of the emissions is reasonable. The USEPA the area. applicable implementation plan and notes that the emissions projection for (3) Comment: Toledo will not be able applicable Federal air pollutant control mobile sources in the maintenance plan to maintain attainment on a permanent regulations and other permanent and establishes the emissions budget which and enforceable basis and therefore does enforceable reductions.’’ Ohio met this will be used for determining conformity not meet requirement 107(d)(3)(E) of the requirement by estimating emission of transportation plans and Clean Air Act. The rulemaking notice reductions from federally mandated transportation improvement programs states that the measures are permanent controls on new cars and on fuel for the Toledo area. The conformity and enforceable, but does not show that volatility as well as reductions which determination must include reasonable the improvement is permanent and took place at the British Petroleum assumptions about transit service and enforceable. The improvement in air Refinery. These controls provided a increases in transit fares and road and quality is temporary since emission significant reduction in the areas bridge tolls over time. increases resulting from increased emissions and the State has shown that The May 2, 1995 notice describes a vehicle miles travelled (VMT) will no additional reductions are needed to tracking plan for updating the emission surpass the emission reductions from maintain the standard. See 60 FR 21456 inventory. As discussed, Ohio has these measures. Short term emissions and 60 FR 21490. committed to submitting periodic reductions and cooler temperatures With respect to the issue of unusual inventories every 3 years. Ohio will have been used to claim that a long term meteorology, the USEPA has compared compare the projected emissions in the improvement in air quality has the average meteorological parameters redesignation request with actual occurred. Long term air quality will not of maximum daily temperature, emissions. If volatile organic improve and will decrease due to minimum daily temperature, average compounds (VOC) emissions exceed 95 emissions increases which will offset daily temperature, cooling degrees, and percent of 1990 levels, Ohio will the gains which have been made. days with high temperatures greater implement Stage II and/or I/M. Insufficient data has been gathered on than 90 degrees fahrenheit for the If the periodic inventories exceed the which to base a long term prediction, periods of June through August, 1991 attainment level of emissions in the and models have been based on biased through 1993, with the 30-year norms maintenance plan, the USEPA may assumptions regarding the effect of for these parameters. The 1991 through issue a SIP call to the area under section capacity expansions. The USEPA 1993 averages for these parameters 110(k)(5) on the basis that the State should require the state to submit agreed with those for the 30-year norms made inadequate assumptions in additional information regarding current with only minor differences. Based on projecting the inventory used to trends in land use and transportation in these averaged parameters, it can be demonstrate maintenance. In this event, the Toledo area. The commentor concluded that the 1991 through 1993 the USEPA may require the State to Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39117 correct the projection inventory and, if requirements. Upon redesignation to maintenance of the ozone NAAQS will increases are projected, propose and attainment, Toledo will be subject to the be determined by continued ambient ultimately implement maintenance Prevention of Significant Deterioration monitoring. If a violation does occur at measure(s) to lower the emissions to a provisions (PSD) of the Clean Air Act the Yondota monitor after the level at or below the attainment year that apply to stationary sources of air redesignation is approved, Stage II and level. Under section 175A of the Clean pollution. I/M will be implemented. In addition, Air Act, Ohio must submit a The State has assessed emission the area will be subject to the PSD demonstration that the ozone standard increases due to growth in all potential program, FMVECP, and other measures. will be maintained for another ten years, sources of emissions and has shown that (7) Comment: Environment Canada eight years after the area is redesignated reductions in emissions over the commented that air quality needs to be to attainment. This is expected to result maintenance period will more than managed in a regional context and in the Toledo area maintaining the offset any increases in emissions of VOC evaluated over a long term period that ozone standard for the next 20 years. and NOX. As stated in the Federal takes meteorological variations into (4) Comment: Two commentors Register notice (60 FR 21456), USEPA consideration. Environment Canada is requested that USEPA prepare an will address transport of ozone disappointed that current USEPA policy Environmental Impact Statement (EIS) precursors to downwind areas under does not reflect this opinion. as the redesignation constitutes a major section 110 of the Clean Air Act based Environment Canada believes that the federal action with the potential for on a domain-wide modeling analysis. ground level ozone standards in effect significant impacts on the human Should this or other studies provide a in the United States allow such high environment. A number of sufficient scientific basis for taking levels of ozone and ozone precursors to transportation and land use control action in the future, the USEPA will flow into Canada as to make it measures which would have resulted take appropriate action notwithstanding practically impossible for Canada to under requirements applied to the redesignation of the Toledo area to reach its ground level ozone objective of nonattainment areas will not be attainment for ozone. 82 parts per billion. Another commentor required. The EIS should consider (5) Comment: The USEPA should asserted that USEPA failed to consider downwind transport of ozone delay rulemaking on this and all other adverse impacts of transport of ozone precursors, and the effect of such ozone redesignation requests pending a and ozone precursors to the Province of transport on the Northeastern United re-evaluation of the current ozone Ontario, Detroit, the Northeastern States. standard to determine if public health is United States and the Lake Michigan (4) Response: USEPA is not required adequately protected. Recent studies Basin. USEPA has failed to obtain a to prepare an EIS in connection with indicate that health impacts occur at legally enforceable commitment from this redesignation. Section 7(c)(1) of the lower levels of ozone than the current the State of Ohio to cooperate in Energy Supply and Environmental ozone standard. developing a strategy to reduce the Coordination Act (Pub. L. 93–319) states (5) Response: The USEPA is currently documented problem of ozone transport that ‘‘[n]o action taken under the Clean in the process of reevaluating the ozone throughout Eastern North America. Air Act shall be deemed a major Federal NAAQS and expects to make a final Another commentor stated that the air action significantly affecting the quality decision in mid-1997. Until any change quality problem is not being solved, it of the human environment within the is made, however, the USEPA is bound is being moved off to other downwind meaning of the National Environmental to implement the provisions of the Act states. This breaks the spirit of the Clean Policy Act of 1969 (83 Stat. 856).’’ This as they relate to the current standard, Air Act. redesignation does not affect the including those relating to designations (7) Response: The USEPA would like applicability of the National and redesignation. Moreover, as to note that the governments of the Environmental Policy Act (NEPA) to previously noted under section United States and Canada are in the particular transportation projects in the 107(d)(3)(D) USEPA has 18 months in process of developing a joint study of Toledo area. In addition, the which to act on a redesignation request the transboundary ozone phenomena transportation and general conformity and has no authority to delay under the U.S.-Canada Air Quality rules will still apply after the area is rulemaking until the entire evaluation of Agreement. It is envisioned that this redesignated to attainment. (Conformity the ozone NAAQS is complete. regional ozone study will provide the determinations for transportation plans, (6) Comment: Ozone levels exceeded scientific information necessary to transportation improvement projects, 0.124 parts per million (ppm) at the understand what contributes to ozone and Federal actions must demonstrate Yondota Avenue monitor in 1991, 1993, levels in the region, as well as what that the emissions budget established by and 1994. From these occurrences, and control measures would contribute to the maintenance plan is not exceeded.) the absence of mandated forceful reductions in ozone levels. Should this The redesignation does not allow control measures post 1994, it is very or other studies provide a sufficient States to automatically remove control difficult to have the expectation that the scientific basis for taking action in the programs which have contributed to an Yondota station will remain in future, the USEPA will take an area’s attainment of a U.S. National attainment. appropriate course of action. The Ambient Air Quality Standard (NAAQS) (6) Response: Exceedances of the USEPA may take appropriate action for any pollutant. Sources of ozone ozone standard did occur at the Yondota notwithstanding the redesignation of the precursors in the Toledo area must monitor in 1991, 1993 and 1994, but did Toledo area. Therefore, the USEPA does continue to implement all control not cause a violation of the ozone not believe that the contentions equipment and/or measures in standard. The control measures regarding transboundary impact provide accordance with applicable rules, approved into the State’s a basis for delaying action at this time regulations and permits. Other control Implementation Plan will remain in on this redesignation or disapproving programs required by the Act will be place to ensure that the ozone standard the redesignation. This is particularly implemented in the area, regardless of is maintained. Ohio’s maintenance true since approval of the redesignation the ozone designation, such as title IV demonstration shows that future is not expected to result in an increase NOX controls, section 112 toxic controls emission levels will remain below levels in ozone precursor emissions and is not and on-board vapor recovery associated with attainment. Continued expected to adversely affect air quality 39118 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations in Canada. In fact, a decrease in both projections were obtained from using (10) Comment: Ohio’s failure to VOC and NOX emissions from the data from the Ohio Data Users Center implement a part D New Source Review Toledo area is expected over the 10-year (ODUC). ODUC takes into account past program for Toledo, Ohio cannot be maintenance period. It should also be trends, the age of the population, excused by the memorandum from Mary noted that redesignation does not allow economic cycles, and other factors in Nichols entitled, ‘‘Part D New Source States to automatically remove control estimating the future population of the Review (part D NSR) Requirements for programs which have contributed to an area. Ohio used the Highway Areas Requesting Redesignation to area’s attainment of a U.S. National Performance Modeling System which Attainment’’. The USEPA cannot waive Ambient Air Quality Standard for any uses actual traffic counts to obtain 1990 statutory requirements of the Clean Air pollutant. As discussed previously, the levels of VMT. This model was Act when such waivers frustrate the USEPA’s general policy is that a State developed by the Federal Highway purpose of the Clean Air Act which is may not relax the adopted and Administration and is an acceptable to provide clean air, not convenient implemented SIP for an area upon the model for estimating VMT. To project loopholes for state responsibilities area’s redesignation to attainment levels of VMT, Ohio used the Long under the Clean Air Act. unless an appropriate demonstration,1 Range Transportation Planning Program (10) Response: The USEPA believes based on computer modeling, is which considered the future that its decision not to insist on a fully- approved by the USEPA. In this case, no transportation network. The approved NSR program as a pre- previously implemented control methodology used to project mobile requisite to redesignation is justifiable strategies are being relaxed as part of source emissions was reasonable and as an exercise of the Agency’s general this redesignation. should not underpredict growth. authority to establish de minimis (8) Comment: The maintenance While the overall VMT are expected exceptions to statutory requirements. demonstration overestimates reductions to increase, this growth will be offset by See Alabama Power Co. v. Costle, 636 in VOC and NOX emissions, especially the FMVECP which will be providing F.2d 323, 360–61 (D.C. Cir. 1979). Under for the latter which relies heavily on emissions reductions in the area Alabama Power Co. v. Costle, the NOX emission reductions obtained from through the production of cleaner USEPA has the authority to establish de modifications at the British Petroleum automobiles. In addition this area is still minimis exceptions to statutory refinery and underestimated economic, subject to the transportation conformity requirements where the application of population and VMT growth requirements and must show that the the statutory requirements would be of projections. VMT growth projections fail expected transportation projects in the trivial or no value environmentally. to consider the ensuing sprawl caused area will conform to the ozone SIP for In this context, the issue presented is by the development of a corridor from the area. This will help to ensure that whether the USEPA has the authority to northeast to southern Ohio. USEPA growth in VMT will not increase establish an exception to the reliance on assurances from the State of emissions to a point where the ozone requirements of section 107(d)(3)(E) that standard could be violated. In addition, the USEPA have fully-approved a SIP Ohio that VOC and NOX emissions in the Toledo area will decrease 35 percent Ohio has committed to submit an meeting all of the requirements and 38 percent, respectively, from emissions inventory every three years to applicable to the area under section 110 attainment levels by 2005, is speculative USEPA. If the total of point, area, and and part D of title I of the Act. Plainly, and suspect given continued urban mobile VOC emissions exceed 95 the NSR provisions of section 110 and growth and sprawl along major percent of 1990 levels, Ohio has part D are requirements that were transportation corridors. committed to implement either Stage II applicable to the Ohio area seeking (8) Response: The methodology used or I/M or both. Mobile source redesignation at the time of the to project emissions followed USEPA inventories will incorporate new VMT submission of the request for guidance. Point source emissions were estimates. redesignation. Thus, on its face, section projected by accounting for known (9) Comment: Ohio has not made the 107(d)(3)(E) would seem to require that changes to sources for each year necessary commitments to ensure the the State have submitted and the between 1990 and 2005 and applying a prompt implementation and operation USEPA have fully-approved a part D growth factor based on manufacturing of the contingency plan in the event of NSR program meeting the requirements a violation. It is unlikely that Stage II of the Act before the areas could be employment data provided by the would be re-implemented given that the redesignated to attainment. Bureau of Economic Analysis, United Director of the Ohio Environmental Under the USEPA’s de minimis States Department of Commerce, to Protection Agency (OEPA) suspended authority, however, the Agency may derive inventories for all ensuing years. Stage II on September 17, 1993. establish an exception to an otherwise Manufacturing employment is expected (9) Response: The State provided a plain statutory requirement if its to remain relatively constant. The NOX schedule in their contingency plan for fulfillment would be of little or no emission reductions which would result implementing Stage II and an environmental value. In this context, it from compliance with Title IV NOX automobile inspection and maintenance is necessary to determine what would requirements are reasonable. Population program. This schedule was provided in be achieved by insisting that there be a the direct final rule published on May fully-approved part D NSR program in 1 Such a demonstration must show that removal of a control program will not interfere with 2, 1995. The Director of the OEPA also place prior to the redesignation of the maintenance of the ozone NAAQS and would entail committed in the SIP submittal to Toledo area. For the following reasons, submittal of an attainment modeling demonstration implementing the contingency plan for the USEPA believes that requiring the with the USEPA’s current Guideline on Air Quality the area in the event of a violation in the adoption and full-approval of a part D Models. Also, see memorandum from Gerald A. Emison, April 6, 1987, entitled Ozone area. As the compliance deadlines for NSR program prior to redesignation Redesignation Policy, and memorandum from Stage II begin as early as 6 months after would not be of significant Michael H. Shapiro, September 17, 1993, entitled a violation and I/M testing is to environmental value in this case. State Implementation Plan (SIP) Requirements for commence within 18 months of a Ohio has demonstrated that Submitting Requests for Redesignation to Attainment of the Ozone and Carbon Monoxide violation, the contingency measures maintenance of the ozone NAAQS will (CO) National Ambient Air Quality Standards satisfy the statutory criteria section of occur even if the emission reductions (NAAQS) on or after November 15, 1992. section 175A. expected to result from the part D NSR Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39119 program do not occur. Ohio assumed in subparagraph (A), and regulation of Technology programs, which have no that NSR would not apply after the modification and construction of corollary for attainment areas. redesignation to attainment, and any stationary source within the areas Moreover, the USEPA believes that therefore, assumed source growth covered by the plan as necessary to those other required programs are factors based on projected growth in the assure that NAAQS are achieved, clearly within the scope of the term economy and in the area’s population. including a permit program as required ‘‘measure.’’ (It should be noted that the growth in parts C and D.’’ (Emphasis added.) If The USEPA’s logic in treating part D factors assumed may be overestimates the term measures as used in section NSR in this manner does not mean that under PSD, which would restrain source 110(a)(2) (A) and (C) had been intended other applicable part D requirements, growth through the application of best to include PSD and NSR there would including those that have been available control techniques.) Thus, have been no point to requiring that previously met and previously relied contrary to the assertion of the SIPs include both measures and upon in demonstrating attainment, commentor, Ohio has demonstrated that preconstruction review under parts C could be eliminated without an analysis there is no need to retain the part D NSR and D (PSD or NSR). Unless ‘‘measures’’ demonstrating that maintenance would as an operative program in the SIP referred to something other than be protected. As noted above, Ohio has during the maintenance period in order preconstruction review under parts C demonstrated that maintenance would to provide for continued maintenance of and D, the reference to preconstruction be protected with PSD requirements in the NAAQS. (If this demonstration had review programs in section 110(a)(2)(C) effect, rather than those of part D NSR. not been made, NSR would have had to would be rendered mere surplusage. Thus, the USEPA is not permitting part have been retained in the SIP as an Thus, in section 110(a)(2) (A) and (C), it D NSR to be removed without a operative program since it would have is apparent that Congress distinguished demonstration that maintenance of the been needed to maintain the ozone ‘‘measures’’ from preconstruction standard will be achieved. Moreover, standard.) review. On the other hand, in other the USEPA has not amended its policy The other purpose that requiring the provisions of the Act, such as section with respect to the conversion of other full-approval of a part D NSR program 161, Congress appeared to include PSD SIP elements to contingency provisions, might serve would be to ensure that within the scope of the term which provides that they may be NSR would become a contingency ‘‘measures.’’ converted to contingency provisions provision in the maintenance plan The USEPA believes that the fact that only upon a showing that maintenance required for these areas by section Congress used the undefined term will be achieved without them being in 107(d)(3)(E)(iv) and 175A(d). These ‘‘measure’’ differently in different effect. Finally, as noted above, the provisions require that, for an area to be sections of the Act is germane to this USEPA believes that the NSR redesignated to attainment, it must issue. This indicates that the term is requirement differs from other receive full approval of a maintenance susceptible to more than one requirements, and does not believe that plan containing ‘‘such contingency interpretation and that the USEPA has the rationale for the NSR exception provisions as the Administrator deems the discretion to interpret it in a extends to other required programs. necessary to assure that the State will reasonable manner in the context of The position taken in this action is promptly correct any violation of the section 175A. Inasmuch as Congress consistent with the USEPA’s current standard which occurs after the itself has used the term in a manner that national policy. That policy permits redesignation of the area as an excluded PSD and NSR from its scope, redesignation to proceed without attainment area. Such provisions shall the USEPA believes it is reasonable to otherwise required NSR programs include a requirement that the State will interpret ‘‘measure,’’ as used in section having been fully approved and implement all measures with respect to 175A(d), not to include NSR. That this converted to contingency provisions the control of the air pollutant is a reasonable interpretation is further provided that the area demonstrates, as concerned which were contained in the supported by the fact that PSD, a has been done in this case, that SIP for the area before redesignation of program that is the corollary of part D maintenance will be achieved with the the area as an attainment area.’’ Based NSR for attainment areas, goes into application of PSD rather than part D on this language, it is apparent that effect in lieu of part D NSR.2 This NSR. whether an approved NSR program distinguishes NSR from other required (11) Comment: Permitting Toledo, must be included as a contingency programs under the Act, such as Ohio to defer adoption and provision depends on whether it is a inspection and maintenance and implementation of I/M according to the ‘‘measure’’ for the control of the Reasonably Available Control revised USEPA I/M Program pertinent air pollutants. Requirements Rule published on As the USEPA noted in the proposal 2 The U.S. EPA is not suggesting that NSR and January 5, 1995, at 60 FR 1735 frustrates regarding this redesignation request, the PSD are equivalent, but merely that they are the meaningful control of vehicle emissions. term ‘‘measure’’ is not defined in same type of program. The PSD program is a (11) Response: While the revised I/M requirement in attainment areas and designed to section 175A(d) and Congress utilized allow new source permitting, yet contains adequate rule (60 FR 1735) allows the I/M that term differently in different provisions to protect the NAAQS. If any program to be placed in the contingency provisions of the Act with respect to the information including preconstruction monitoring, plan, there are still ongoing emission PSD and NSR permitting programs. For indicates that an area is not continuing to meet the reductions in the area due to the NAAQS after redesignation to attainment, 40 CFR example, in section 110(a)(2)(A), part 51 appendix S (Interpretive Offset Rule) or a FMVECP. The maintenance Congress required that SIPs to include 40 CFR 51.165(b) program would apply. The demonstration shows that the mobile ‘‘enforceable emission limitations and USEPA believes that in any area that is designated source emissions are expected to or redesignated as attainment under section 107, decrease from 102,560 pounds of other control measures, means, or but experiences violations of the NAAQS, these techniques * * * as may be necessary provisions should be interpreted as requiring major volatile organic compounds per day in or appropriate to meet the applicable new or modified sources to obtain VOC emission 1996 to 57,412 pounds per day in 2005. requirements of the Act.’’ In section offsets of at least a 1:1 ratio, and as presuming that The mobile source emissions of oxides 1:1 NOX offsets are necessary. See October 14, 1994 110(a)(2)(C), Congress required that SIPs memorandum from Mary Nichols entitled Part D of nitrogen are expected to decrease include ‘‘a program to provide for the New Source Review (part D NSR) Requirements for from 65,128 pounds per day in 1996 to enforcement of the measures described Areas Requesting Redesignation to Attainment. 49,374 pounds per day in 2005. These 39120 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations are significant reductions and are an area receives a section 182(f) Cleveland, will be relieved of the expected to ensure that the area exemption. Under the transportation transportation conformity rule’s interim maintains the ozone standard. Thus, conformity rule, a NOX waiver relieves period NOX requirements at such time deferral of the I/M program does not an area only of the requirement to meet as USEPA takes final action frustrate meaningful control of vehicle the ‘‘build/no build’’ and ‘‘less-than- implementing its recently-issued policy emissions. 1990-baseline’’ tests. In a notice regarding the applicability of section (12) Comment: One commentor stated published in the June 17, 1994 Federal 182(b)(1) requirements for areas that Toledo illegally obtained a waiver Register (59 FR 31238, 31241), entitled demonstrating attainment of the ozone from NOX conformity requirements ‘‘Conformity; General Preamble for NAAQS based on ‘‘clean data’’. This under a section 182(f) submittal, and Exemption From Nitrogen Oxides policy is contained in a May 10, 1995, because of it NOX conformity Provisions,’’ USEPA reiterated its view memorandum from John Seitz, Director, requirements should be incorporated that in order to conform, nonattainment Office of Air Quality Planning and into Toledo’s maintenance plan. The and maintenance areas must Standards, entitled ‘‘Reasonable Further commentor notes that a NOX waiver for demonstrate that the transportation plan Progress, Attainment Demonstration, conformity purposes can only be issued and transportation improvement and Related Requirements for Ozone under section 182(b)(1)(A). Also, not program (TIP) are consistent with the Nonattainment Areas Meeting the requiring Toledo, Ohio to submit motor vehicle emissions budget for NOX Ozone National Ambient Air Quality general and transportation conformity even where a conformity NOX waiver Standard,’’ which should be referred to SIP revisions with the redesignation has been granted. Due to a drafting for a more thorough discussion. The request removes any incentive for error, that view is not reflected in the aspect of the policy that is relevant here Toledo, Ohio to adopt procedures for current published transportation is USEPA’s determination that the preventing emissions from conformity rules. USEPA is in the section 182(b)(1) provisions regarding transportation and federal construction process of amending the conformity rule reasonable further progress (RFP) and projects contributing to ozone pollution to remedy the problem. attainment demonstrations may be levels. Another commentor stated that An issue concerning the appropriate interpreted so as not to require the SIP land use and transportation controls Act authority for granting submissions otherwise called for in under the Clean Air Act will not be transportation-related NOX waivers has section 182(b)(1) if an ozone taken, resulting in increased pollution, been raised by several commentors. nonattainment area that would if these requirements are changed. NOX exemptions are provided for in two otherwise be subject to those (12) Response: Ohio is currently separate parts of the Act, section requirements is in fact attaining the developing transportation and 182(b)(1) and section 182(f). These ozone standard (i.e., attainment of the conformity SIP revisions. The USEPA commentors argue that exemptions from NAAQS is demonstrated with 3 expects to receive these submittals this the NOX transportation conformity consecutive years of complete, quality- summer. Maintenance areas are subject requirements must follow the process assured, air-quality monitoring data). to the transportation and general provided in section 182(b)(1), since this Any such ‘‘clean data’’ areas, under this conformity rules and therefore, must is the only section explicitly referenced interpretation, would no longer be submit the SIP revisions required by by section 176(c)(3)(A)(iii) in the Act’s subject to the requirements of section these rules. The approval of these transportation conformity provisions. 182(b)(1) once USEPA takes final With certain exceptions, USEPA submissions was not required for the rulemaking action adopting the agrees that section 182(b)(1) is the approval of the redesignation request interpretation in conjunction with its appropriate authority under the Act for because the redesignation request was determination that the area has attained waiving the transportation conformity submitted before the transportation and the standard. At that time, such areas general conformity SIPs were due and rule’s NOX ‘‘build/no build’’ and ‘‘less- than-1990’’ tests, and is planning to would be treated like ozone were, therefore, not applicable nonattainment areas classified marginal requirements for purposes of evaluating amend the rule to be consistent with the statute. However, USEPA believes that and below, and hence eligible for NOX this redesignation. Upon redesignation, waivers from the interim-period the transportation conformity rule this authority is only applicable with respect to those areas that are subject to transportation conformity requirements requires that a regional emission by obtaining a waiver under section analyses of proposed transportation section 182(b)(1). The change in authority for granting 182(f), as described below. plans and programs for the Toledo area NOX waivers from section 182(f) to Marginal and below ozone demonstrate that emissions from the section 182(b)(1) has different impacts nonattainment areas (which represents future transportation system are below for areas subject to section 182(b)(1) the majority of the areas USEPA is the motor vehicle emission budget depending on whether the area is taking action on today) are not subject established in the maintenance plan and relying on ‘‘clean air’’ data or on to section 176(c)(3)(A)(iii) because they lower than 1990 levels. The general modeling data. Areas relying on are not subject to section 182(b)(1), and conformity rule will also apply to the modeling data must meet the procedure general federal actions are also not Toledo area after redesignation. established under section 182(b)(1), subject to section 176(c)(3)(A)(iii) (and, With respect to conformity, USEPA’s including submitting the exemption hence, are not subject to section conformity rules 3 4 currently provide a request as part of a SIP revision. The 182(b)(1) either). These areas, however, NOX waiver from certain requirements if USEPA may not take action on are still subject to the conformity exemptions for such areas until the requirements of section 176(c)(1), which 3 ‘‘Criteria and Procedures for Determining Conformity to State or Federal Implementation rulemaking amending the transportation sets out criteria that, if met, will assure Plans of Transportation Plans, Programs, and conformity rule to establish section consistency with the SIP. The USEPA Projects Funded or Approved under Title 23 U.S.C. 182(b)(1) as the appropriate authority believes it is reasonable and consistent of the Federal Transit Act,’’ November 24, 1993 (58 for granting such relief has been with the Act to provide relief under FR 62188). 4 ‘‘Determining Conformity of General Federal completed. ‘‘Clean data’’ areas that section 176(c)(1) for areas not subject to Actions to State or Federal Implementation Plans; would otherwise be subject to section section 182(b)(1) from applicable NOX Final Rule,’’ November 30, 1993 (58 FR 63214). 182(b)(1), such as Cincinnati and conformity requirements where the Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39121 Agency has determined that NOX technical, economic, and environmental for judicial review may be filed, and reductions would not be beneficial, and factors and in relation to relevant shall not postpone the effectiveness of to rely, in doing so, on the NOX statutory and regulatory requirements. such rule or action. This action may not exemption tests provided in section This action has been classified as a be challenged later in proceedings to 182(f) for the reasons given below. Table 2 action by the Regional enforce its requirements. (See section The basic approach of the Act is that Administrator under the procedures 307(b)(2)). NOX reductions should apply when published in the Federal Register on Under sections 202, 203, and 205 of beneficial to an area’s attainment goals, January 19, 1989 (54 FR 2214–2225), as the Unfunded Mandates Reform Act of and should not apply when unhelpful revised by an October 4, 1993, 1995 (Unfunded Mandates Act), signed or counterproductive. Section 182(f) memorandum from Michael H. Shapiro, reflects this approach but also includes Acting Assistant Administrator for Air into law on March 22, 1995, USEPA specific substantive tests which provide and Radiation. The Office of must undertake various actions in a basis for USEPA to determine when Management and Budget has exempted association with proposed or final rules that include a Federal mandate that may NOX requirements should not apply. this regulatory action from Executive Whether under section 182(b)(1) or Order 12866 review. result in estimated costs of $100 million section 182(f), where USEPA has Under the Regulatory Flexibility Act, or more to the private sector, or to State, local, or tribal governments in the determined that NOX reductions will 5 U.S.C. 600 et seq., USEPA must not benefit attainment or would be prepare a regulatory flexibility analysis aggregate. counterproductive in an area, USEPA assessing the impact of any proposed or Through submission of the state believes it would be unreasonable to final rule on small entities. 5 U.S.C. 603 implementation plan or plan revisions insist on NOX reductions for purposes of and 604. Alternatively, USEPA may approved in this action, the State and meeting RFP or other milestone certify that the rule will not have a any affected local or tribal governments requirements. Moreover, there is no significant economic impact on a have elected to adopt the program substantive difference between the substantial number of small entities. provided for under section 175A of the technical analysis required to make an Small entities include small businesses, Clean Air Act. The rules and assessment of NOX impacts on small not-for-profit enterprises, and commitments being proposed for attainment in a particular area whether government entities with jurisdiction approval in this action may bind State, undertaken with respect to mobile over populations of less than 50,000. local and tribal governments to perform source or stationary source NOX The SIP approvals under section 100 certain actions and also may ultimately emissions. Consequently, USEPA and subchapter I, part D, of the Act do lead to the private sector being required believes that granting relief from the not create any new requirements, but to perform certain duties. To the extent NOX conformity requirements of section simply approve requirements that the that the rules and commitments being State is already imposing. Therefore, 176(c)(1) under section 182(f) in these proposed for approval by this action because the Federal SIP-approval does cases is appropriate. will impose or lead to the imposition of not impose any new requirements, I any mandate upon the State, local or III. Final Rulemaking Action certify that it does not have a significant tribal governments either as the owner The USEPA approves the impact on small entities affected. or operator of a source or as a regulator, redesignation of the Toledo, Ohio ozone Moreover, due to the nature of the area to attainment and the section 175A Federal-State relationship under the or would impose or lead to the maintenance plan as a revision to the Act, preparation of a regulatory imposition of any mandate upon the Ohio SIP. The State of Ohio has satisfied flexibility analysis would constitute private sector, EPA’s action will impose all of the necessary requirements of the Federal inquiry into the economic no new requirements; such sources are Act. reasonableness of State action. The Act already subject to these requirements USEPA finds that there is good cause forbids USEPA to base its actions under State law. Accordingly, no for this redesignation to become concerning SIPs on such grounds. additional costs to State, local, or tribal effective immediately upon publication Union Electric Co. v. USEPA, 427 U.S. governments, or to the private sector, because a delayed effective date is 246, 256–66 (1976). result from this action. The USEPA has unnecessary due to the nature of a Redesignation of an area to attainment also determined that this action does redesignation to attainment, which under section 107(d)(3)(E) of the Clean not include a mandate that may result exempts the area from certain Clean Air Air Act does not impose any new in estimated costs or $100 million or Act requirements that would otherwise requirements on small entities. more to State, local, or tribal apply to it. The immediate effective date Redesignation is an action that affects governments in the aggregate or to the for this redesignation is authorized the status of a geographical area and private sector. under both 5 U.S.C 553(d)(1), which does not impose any regulatory List of Subjects provides that rulemaking actions may requirements on sources. The become effective less than 30 days after Administrator certifies that the approval 40 CFR Part 52 publication if the rule ‘‘grants or of the redesignation request will not recognizes an exemption or relieves a affect a substantial number of small Environmental protection, Air restriction’’ and section 553(d)(3), entities. pollution control, Hydrocarbons, which allows an effective date less than Under section 307(b)(1) of the Act, Incorporation by reference, 30 days after publication ‘‘as otherwise petitions for judicial review of this Intergovernmental relations, Motor provided by the agency for good cause action must be filed in the United States vehicle pollution, Ozone, Reporting and found and published with the rule.’’ Court of Appeals for the appropriate recordkeeping requirements, Volatile Nothing in this action should be circuit by October 2, 1995. Filing a organic compounds. construed as permitting or allowing or petition for reconsideration by the 40 CFR Part 81 establishing a precedent for any future Administrator of this final rule does not request for revision to any SIP. Each affect the finality of this rule for the Air pollution control, Environmental request for revision to the SIP shall be purposes of judicial review nor does it protection, National parks, and considered separately in light of specific extend the time within which a petition Wilderness areas. 39122 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations Dated: July 5, 1995. National Ambient Air Quality Standard 3. Section 52.1885 is amended by David A. Ullrich, for ozone. To meet the redesignation adding paragraph (b)(5) to read as Acting Regional Administrator. criteria set forth by section 107(d)(3)(E) follows: (iii) and (iv), Ohio credited emissions Title 40 of the Code of Federal reductions from the enclosure of the § 52.1885 Control Strategy: Ozone. Regulations, chapter I, parts 52 and 81, ‘‘oily ditch’’ at the British Petroleum * * * * * are amended as follows: Refinery in Oregon, Ohio. The USEPA is (b) * * * PART 52Ð[AMENDED] approving the Director’s Finding and (5) Lucas and Wood Counties. Order which requires the enclosure of * * * * * 1. The authority citation for part 52 the ‘‘oily ditch’’ into the SIP for Lucas continues to read as follows: and Wood Counties. PART 81ÐDESIGNATION OF AREAS (i) Incorporation by reference. Authority: 42 U.S.C. 7401–7671q. FOR AIR QUALITY PLANNING (A) letter dated June 2, 1994, from PURPOSES 2. Section 52.1870 is amended by Donald R. Schregardus, Director, Ohio adding a new paragraph (c)(105) to read Environmental Protection Agency, to 1. The authority citation for part 81 as follows: Valdas Adamkus, Regional continues to read as follows: Administrator, USEPA, Region 5, and § 52.1870 Identification of plan. one enclosure which is the revised Authority: 42 U.S.C. 7401–7671q. * * * * * Director’s Final Findings and Orders in 2. Section 81.336 is amended by (c) * * * the matter of BP Oil company, Toledo revising the entry in the ozone table for (105) On September 17, 1993, the Refinery, 4001 Cedar Point Road, Toledo to read as follows: Ohio Environmental Protection Agency Oregon, Ohio, Fugitive Emissions from requested the redesignation of Lucas the Refinery Waste Water System ‘‘Oily § 81.336 Ohio. and Wood Counties to attainment of the Ditch’’, effective June 2, 1994. * * * * * OHIO±OZONE Designation Classification Designated area Date 1 Type Date 1 Type ******* Toledo area: Lucas County ...... August 1, 1995 ...... Attainment. Wood County ...... August 1, 1995 ...... Attainment. ******* ***** 1 This date is November 15, 1990, unless otherwise noted. [FR Doc. 95–18510 Filed 7–31–95; 8:45 am] conditions of participation, and home addition of paragraph (d)(4) in order to BILLING CODE 6560±50±P health aide supervision. identify the responsibilities of an HHA EFFECTIVE DATE: February 21, 1995. or hospice that furnishes services under FOR FURTHER INFORMATION CONTACT: Julie arrangement, including ‘‘ensuring that the aides have met the training DEPARTMENT OF HEALTH AND Brown, (410) 966–4669. requirements.’’ (56 FR 49157) Section HUMAN SERVICES SUPPLEMENTARY INFORMATION: 484.36(b) contains training Health Care Financing Administration Background requirements. There were also a number of incorrect On December 20, 1994, we published crossreferences. 42 CFR Parts 409 and 484 a final rule concerning Medicare coverage of home health services, Correction of Publication [BPD±469±CN] Medicare conditions of participation, Accordingly, the publication on RIN 0938±AD78 and home health aide supervision. (59 December 20, 1994, of the final FR 65482) In it were a number of regulation, which was the subject of FR Medicare Program; Medicare Coverage technical errors: Doc. 94–31062, is corrected as follows: of Home Health Services, Medicare When revising our regulations at 42 Conditions of Participation, and Home CFR 409.42(d) (redesignated as § 409.42 [Corrected] Health Aide Supervision; Correction § 409.42(b)), we inadvertently revised Page 65494, column 1: In § 409.42(b), obsolete regulations text. line 6, the words ‘‘with the HHA’s AGENCY: Health Care Financing When adding § 409.45, we overlooked policy and’’ are removed. Administration (HCFA), HHS. the statutory name change in section Page 65494, column 1: In ACTION: Final rule; correction. 1861(b)(6) of the Social Security Act as § 409.42(c)(2), (c)(3), and (c)(4), the amended by section 4039(b)(2) of the phrase ‘‘§ 409.44(b)’’ is revised to read SUMMARY: This document corrects Omnibus Budget Reconciliation Act of ‘‘§ 409.44(c)’’. several errors made in a final rule 1987. published on December 20, 1994 (59 FR When adding § 484.36(d)(4)(iii), we § 409.45 [Corrected] 65482) concerning Medicare coverage of overlooked the training requirements in Page 65495, column 2: In § 409.45(a), home health services, Medicare § 484.36(b). However, we proposed the the phrases ‘‘§ 409.44(a)’’ and Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39123 ‘‘§ 409.44(b)’’ in lines 6 and 8, FOR FURTHER INFORMATION CONTACT: communities listed on the date shown respectively, are revised to read Robert F. Shea Jr., Division Director, in the last column. ‘‘§ 409.44(b)’’ and ‘‘§ 409.44(c)’’, Program Implementation Division, The Deputy Associate Director finds respectively. Mitigation Directorate, 500 C Street SW., that notice and public comment under Page 65496, column 2: In Room 417, Washington, DC 20472, (202) 5 U.S.C. 553(b) are impracticable and § 409.45(g)(4), lines 3 through 5, the 646–3619. unnecessary because communities listed words ‘‘Council on Podiatry Education SUPPLEMENTARY INFORMATION: The NFIP in this final rule have been adequately of the American Podiatric Association’’ enables property owners to purchase notified. are revised to read ‘‘Council on flood insurance which is generally not Each community receives a 6-month, Podiatric Medical Education of the otherwise available. In return, 90-day, and 30-day notification American Podiatric Medical communities agree to adopt and addressed to the Chief Executive Officer Association.’’ administer local floodplain management that the community will be suspended § 409.49 [Corrected] aimed at protecting lives and new unless the required floodplain construction from future flooding. management measures are met prior to Page 65497, column 3: In § 409.49(f), Section 1315 of the National Flood the effective suspension date. Since line 2, the phrase ‘‘§ 410.36(b)’’ is Insurance Act of 1968, as amended, 42 these notifications have been made, this revised to read ‘‘§ 410.36(a)(2)’’. U.S.C. 4022, prohibits flood insurance final rule may take effect within less § 484.36 [Corrected] coverage as authorized under the than 30 days. Page 65498, column 3: In National Flood Insurance Program, 42 National Environmental Policy Act. § 484.36(d)(4)(iii), line 4, the phrase U.S.C. 4001 et seq., unless an This rule is categorically excluded from ‘‘paragraph (a)’’ is revised to read appropriate public body adopts the requirements of 44 CFR Part 10, ‘‘paragraphs (a) and (b)’’. adequate floodplain management Environmental Considerations. No measures with effective enforcement environmental impact assessment has Dated: July 21, 1995. measures. The communities listed in been prepared. Neil J. Stillman, this document no longer meet that Regulatory Flexibility Act. The Deputy Deputy Assistant Secretary for Information statutory requirement for compliance Associate Director has determined that Resources Management. with program regulations, 44 CFR part this rule is exempt from the [FR Doc. 95–18771 Filed 7–31–95; 8:45 am] 59 et seq. Accordingly, the communities requirements of the Regulatory BILLING CODE 4120±01±P will be suspended on the effective date Flexibility Act because the National in the third column. As of that date, Flood Insurance Act of 1968, as flood insurance will no longer be amended, 42 U.S.C. 4022, prohibits FEDERAL EMERGENCY available in the community. However, flood insurance coverage unless an MANAGEMENT AGENCY some of these communities may adopt appropriate public body adopts and submit the required documentation adequate floodplain management 44 CFR Part 64 of legally enforceable floodplain measures with effective enforcement [Docket No. FEMA±7622] management measures after this rule is measures. The communities listed no published but prior to the actual longer comply with the statutory Suspension of Community Eligibility suspension date. These communities requirements, and after the effective will not be suspended and will continue date, flood insurance will no longer be AGENCY: Federal Emergency their eligibility for the sale of insurance. available in the communities unless Management Agency, FEMA. A notice withdrawing the suspension of they take remedial action. ACTION: Final rule. the communities will be published in Regulatory Classification. This final the Federal Register. rule is not a significant regulatory action SUMMARY: This rule identifies In addition, the Federal Emergency communities, where the sale of flood under the criteria of section 3(f) of Management Agency has identified the Executive Order 12866 of September 30, insurance has been authorized under special flood hazard areas in these the National Flood Insurance Program 1993, Regulatory Planning and Review, communities by publishing a Flood 58 FR 51735. (NFIP), that are suspended on the Insurance Rate Map (FIRM). The date of Paperwork Reduction Act. This rule effective dates listed within this rule the FIRM if one has been published, is does not involve any collection of because of noncompliance with the indicated in the fourth column of the information for purposes of the floodplain management requirements of table. No direct Federal financial Paperwork Reduction Act, 44 U.S.C. the program. If the Federal Emergency assistance (except assistance pursuant to 3501 et seq. Management Agency (FEMA) receives the Robert T. Stafford Disaster Relief documentation that the community has and Emergency Assistance Act not in Executive Order 12612, Federalism. adopted the required floodplain connection with a flood) may legally be This rule involves no policies that have management measures prior to the provided for construction or acquisition federalism implications under Executive effective suspension date given in this of buildings in the identified special Order 12612, Federalism, October 26, rule, the suspension will be withdrawn flood hazard area of communities not 1987, 3 CFR, 1987 Comp., p. 252. by publication in the Federal Register. participating in the NFIP and identified Executive Order 12778, Civil Justice EFFECTIVE DATE: The effective date of for more than a year, on the Federal Reform. This rule meets the applicable each community’s suspension is the Emergency Management Agency’s standards of section 2(b)(2) of Executive third date (‘‘Susp.’’) listed in the third initial flood insurance map of the Order 12778, October 25, 1991, 56 FR column of the following tables. community as having flood-prone areas 55195, 3 CFR, 1991 Comp., p. 309. ADDRESSES: If you wish to determine (section 202(a) of the Flood Disaster List of Subjects in 44 CFR Part 64 whether a particular community was Protection Act of 1973, 42 U.S.C. suspended on the suspension date, 4106(a), as amended). This prohibition Flood insurance, Floodplains. contact the appropriate FEMA Regional against certain types of Federal Accordingly, 44 CFR part 64 is Office or the NFIP servicing contractor. assistance becomes effective for the amended as follows: 39124 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations PART 64Ð[AMENDED] Authority: 42 U.S.C. 4001 et seq.; § 64.6 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, 2. The tables published under the 1. The authority citation for Part 64 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, authority of § 64.6 are amended as continues to read as follows: 3 CFR, 1979 Comp., p. 376. follows: Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas Region V Indiana: Connersville, city of, Fayette County .. 180061 April 11, 1975, Emerg.; August 1, 1995, August 1, 1995 ...... August 1, 1995. Reg.; August 1, 1995, Susp. Delphi, city of, Carroll County ...... 180020 July 25, 1975, Emerg.; August 1, 1995, ...... do ...... Do. Reg.; August 1, 1995, Susp. Region II New York: Ellicottville, town of, 360069 May 28, 1975, Emerg.; May 15, 1978, August 2, 1995 ...... August 2, 1995. Cattaraugus County. Reg.; August 2, 1995, Susp. Region V Indiana: Fort Wayne, city of, Allen County ...... 180003 May 24, 1974, Emerg.; April 3, 1985, ...... do ...... Do. Reg.; August 2, 1995, Susp. New Haven, city of, Allen County ...... 180004 January 30, 1975, Emerg.; July 18, 1983, ...... do ...... Do. Reg.; August 2, 1995, Susp. Monroe County, unincorporated areas 180444 June 18, 1985, Emerg.; April 1, 1984, ...... do ...... Do. Reg.; August 2, 1995, Susp. Ohio: Bexley, city of, Franklin County ...... 390168 November 21, 1973, Emerg.; November ...... do ...... Do. 15, 1978, Reg.; August 2, 1995, Susp. Columbus, city of, Franklin County .... 390170 May 21, 1971, Emerg.; July 5, 1983, Reg.; ...... do ...... Do. August 2, 1995, Susp. Franklin County, unincorporated 390167 April 19, 1973, Emerg.; July 5, 1983, ...... do ...... Do. areas. Reg.; August 2, 1995, Susp. Gahanna, city of, Franklin County ...... 390171 May 17, 1973, Emerg.; August 1, 1983, ...... do ...... Do. Reg.; August 2, 1995; Susp. Glenford, village of, Perry County ...... 390442 August 11, 1978, Emerg.; August 2, 1995, ...... do ...... Do. Reg.; August 2, 1995, Susp. Grandview Heights, city of, Franklin 390172 June 6, 1975, Emerg.; August 15, 1980, ...... do ...... Do. County. Reg.; August 2, 1995, Susp. Grove City, city of, Franklin County ... 390173 October 15, 1974, Emerg.; May 1, 1984, ...... do ...... Do. Reg.; August 2, 1995, Susp. Grove City, city of, Franklin County ... 390174 November 7, 1974, Emerg.; September 1, ...... do ...... Do. 1983, Reg.; August 2, 1995, Susp. Obetz, city of, Franklin County ...... 390176 March 23, 1978, Emerg.; January 16, ...... do ...... Do. 1981, Reg.; August 2, 1995, Susp. Whitehall, city of, Franklin County ...... 390180 October 7, 1974, Emerg.; July 18, 1985, ...... do ...... Do. Reg.; August 2, 1995, Susp. Region VI Arkansas: Weiner, city of, Poinsett County 050373 October 31, 1975, Emerg.; September 28, ...... do ...... Do. 1982, Reg.; August 16, 1995, Susp. Oklahoma: Blaine County, unincorporated 400011 May 28, 1993, Emerg.; August 2, 1995, ...... do ...... Do. areas. Reg.; August 2, 1995, Susp. Texas: Arlington, city of, Tarrant County ...... 485454 July 31, 1970, Emerg.; December 30, ...... do ...... Do. 1970, Reg.; August 2, 1995, Susp. Bedford, city of, Tarrant County ...... 480585 January 19, 1973, Emerg.; July 18, 1977, ...... do ...... Do. Reg.; August 2, 1995, Susp. Benbrook, city of, Tarrant County ...... 480586 November 2, 1973, Emerg.; July 2, 1979, ...... do ...... Do. Reg.; August 2, 1995, Susp. Blue Mound, city of, Tarrant County .. 480587 July 3, 1975, Emerg.; July 16, 1980, Reg.; ...... do ...... Do. August 2, 1995, Susp. Burleson, city of, Tarrant County ...... 485459 December 17, 1971, Emerg.; November 2, ...... do ...... Do. 1973, Reg.; August 2, 1995, Susp. Colleyville, city of, Tarrant County ...... 480590 January 29, 1975, Emerg.; December 1, ...... do ...... Do. 1982, Reg.; August 2, 1995, Susp. Crowley, city of, Tarrant County ...... 480591 February 20, 1975, Emerg.; April 15, ...... do ...... Do. 1981, Reg.; August 2, 1995, Susp. Dalworthington Gardens, city of, 481013 July 21, 1977, Emerg.; May 17, 1982, ...... do ...... Do. Tarrant County. Reg.; August 2, 1995, Susp. Edgecliff Village, town of, Tarrant 480592 June 5, 1975, Emerg.; August 19, 1986, ...... do ...... Do. County. Reg.; August 2, 1995, Susp. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39125 Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas Euless, city of, Tarrant County ...... 480593 August 20, 1974, Emerg.; April 3, 1985, ...... do ...... Do. Reg.; August 2, 1995, Susp. Everman, city of, Tarrant County ...... 480594 July 1, 1975, Emerg.; September 17, ...... do ...... Do. 1980, Reg.; August 2, 1995, Susp. Forest Hill, city of, Tarrant County ..... 480595 February 19, 1974, Emerg.; August 1, ...... do ...... Do. 1978, Reg.; August 2, 1995, Susp. Haltom City, city of, Tarrant County ... 480599 January 14, 1972, Emerg.; February 1, ...... do ...... Do. 1978, Reg.; August 2, 1995, Susp. Haslet, city of, Tarrant County ...... 480600 December 18, 1981, Emerg.; October 15, ...... do ...... Do. 1985, Reg.; August 2, 1995, Susp. Hurst, city of, Tarrant County ...... 480601 February 11, 1972, Emerg.; October 15, ...... do ...... Do. 1985, Reg.; August 2, 1995, Susp. Lakeside, city of, Tarrant County ...... 480604 January 19, 1973, Emerg.; August 3, ...... do ...... Do. 1984, Reg.; August 2, 1995, Susp. Mansfield, city of, Tarrant County ...... 480606 February 28, 1975, Emerg.; December 18, ...... do ...... Do. 1985, Reg.; August 2, 1995, Susp. North Richland Hills, city of, Tarrant 480607 March 31, 1972, Emerg., April 1, 1981 ...... do ...... Do. County. Reg., August 2, 1995, Susp. Southlake, city of, Tarrant County ...... 480612 September 30, 1974, Emerg., July 5, ...... do ...... Do. 1982, Reg., August 2, 1995 Susp. Westover, town of, Tarrant County .... 480615 July 2, 1975, Emerg., June 5, 1985, Reg., ...... do ...... Do. August 2, 1995, Susp. Westworth Village, city of Tarrant 480616 January 24, 1975, Emerg., June 3, 1986, ...... do ...... Do. County. Reg., August 2, 1995, Susp. Region VII Missouri: Ballwin, city of, St. Louis County ...... 290328 July 8, 1975, Emerg., January 2, 1981, ...... do ...... Do. Reg., August 2, 1995, Susp. Bella Villa, city of, St. Louis County ... 290329 June 18, 1975, Emerg., July 16, 1979 ...... do ...... Do. Reg., August 2, 1995, Susp. Bellefontaine Neighbors, city of, St. 290330 December 10, 1973, Emerg., September ...... do ...... Do. Louis County. 29, 1978, Reg., August 2, 1995, Susp. Black Jack, city of, St. Louis County .. 290336 July 2, 1974, Emerg., January 2,1981, ...... do ...... Do. Reg., August 2, 1995, Susp. Chesterfield, city of, St. Louis County 290896 September 3, 1971, Emerg., September ...... do ...... Do. 15, 1978, Reg., August 2, 1995, Susp. Clarkson Valley, City of, St. Louis 290340 May 27, 1975, Emerg., April 8, 1977, ...... do ...... Do. County. Reg., August 2, 1995, Susp. Creve Coeur, city of, St. Louis County 290344 March 27, 1974, Emerg., August 1, 1978, ...... do ...... Do. Reg., August 2, 1995, Susp. Ellisville, city of, St. Louis County ...... 290348 February 5, 1975, Emerg., September 9, ...... do ...... Do. 1980, Reg., August 2, 1995, Susp. Eureka, city of, St. Louis County ...... 290349 January 23, 1974, Emerg., July 5, 1977, ...... do ...... Do. Reg., August 2, 1995, Susp. Hazelwood, city of, St. Louis County . 290357 November 27, 1973, Emerg., April 1, ...... do ...... Do. 1980, Reg., August 2, 1995, Susp. Maplewood, city of, St. Louis County . 295266 May 21, 1971, Emerg., November 23, ...... do ...... Do. 1973, Reg., August 2, 1995, Susp. Maryland Heights, city of, St. Louis 290889 April 4, 1986, Emerg., September 30, ...... do ...... Do. County. 1988, Reg., August 2, 1995, Susp. Moline Acres, city of, St. Louis Coun- 290370 September 17, 1974, Emerg., May 19, ...... do ...... Do. ty. 1981, Reg., August 2, 1995, Susp. Northwoods, city of St. Louis County . 290372 April 12, 1974, Emerg., December 2, ...... do ...... Do. 1980, Reg., August 2, 1995, Susp. Norwood Court, village of, St. Louis 290867 August 14, 1978, Emerg.; March 18, ...... do ...... Do. County. 1980, Reg.; August 2, 1995, Susp. Oakland, city of, St. Louis County ...... 290373 June 5, 1975, Emerg.; January 16, 1981, ...... do ...... Do. Reg.; August 2, 1995, Susp. Pemiscot County, unincorporated 290779 April 8, 1975, Emerg.; May 17, 1982, ...... do ...... Do. areas. Reg.; August 2, 1995, Susp. St. John, city of, St. Louis County ...... 290384 May 9, 1975, Emerg.; April 15, 1977, ...... do ...... Do. Reg.; August 2, 1995, Susp. St. Louis County, unincorporated 290327 September 3, 1971, Emerg.; September ...... do ...... Do. areas. 15, 1978, Reg.; August 2, 1995, Susp. Sunset Hills. city of, St. Louis County 290387 June 28, 1973, Emerg.; September 1, ...... do ...... Do. 1977, Reg.; August 2, 1995, Susp. Velda Village Hills, village of, St. 290857 November 10, 1989, Emerg.; May 1, ...... do ...... Do. Louis County. 1990, Reg.; August 2, 1995, Susp. 39126 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas Webster Groves, city of, St. Louis 290394 January 23, 1974, Emerg.; September 29, ...... do ...... Do. County. 1978, Reg.; August 2, 1995, Susp. Winchester, city of, St. Louis County . 290397 June 18, 1975, Emerg.; September 30, ...... do ...... Do. 1976, Reg.; August 2, 1995, Susp. Region X Washington: Okanogan, city of, Okanogan 530119 March 6, 1974, Emerg.; September 30, ...... do ...... Do. County. 1977, Reg.; August 2, 1995, Susp. Region II New York: Ballston Spa, village of, Saratoga 360710 July 7, 1975, Emerg.; June 1, 1984, Reg.; August 16, 1995 ...... August 16, County. August 16, 1995, Susp. 1995. Charlton, town of, Saratoga County ... 360712 July 24, 1975, Emerg.; July 18, 1985, ...... do ...... Do. Reg.; August 16, 1995, Susp. Corinth, town of, Saratoga County ..... 360715 August 6, 1975, Emerg.; March 1, 1984, ...... do ...... Do. Reg.; August 16, 1995, Susp. Corinth, village of, Saratoga County .. 360714 April 28, 1975, Emerg.; March 1, 1984, ...... do ...... Do. Reg.; August 16, 1995, Susp. Mechanicville, city of, Saratoga Coun- 360721 July 1, 1975, Emerg.; January 5, 1984, ...... do ...... Do. ty. Reg.; August 16, 1995, Susp. Milton, town of, Saratoga County ...... 360722 June 26, 1975, Emerg.; May 15, 1985, ...... do ...... Do. Reg.; August 16, 1995, Susp. Moreau, town of, Saratoga County .... 360723 August 11, 1975, Emerg.; June 15, 1984, ...... do ...... Do. Reg.; August 16, 1995, Susp. Providence, town of, Saratoga County 361190 October 5, 1984, Emerg.; December 2, ...... do ...... Do. 1985, Reg.; August 16, 1995, Susp. Round Lake, village of, Saratoga 360726 July 29, 1975, Emerg.; January 5, 1984, ...... do ...... Do. County. Reg.; August 16, 1995, Susp. Schuylerville, village of, Saratoga 360729 July 2, 1975, Emerg.; June 1, 1984, Reg.; ...... do ...... Do. County. August 16, 1995, Susp. South Glens Falls, village of, Sara- 360730 September 23, 1975, Emerg.; June 5, ...... do ...... Do. toga County. 1985, Reg.; August 16, 1995, Susp. Stillwater, town of, Saratoga County .. 360731 July 9, 1975, Emerg.; June 1, 1984, Reg.; ...... do ...... Do. August 16, 1995, Susp. Stillwater, village of, Saratoga County 360732 June 24, 1975, Emerg.; January 5, 1984, ...... do ...... Do. Reg.; August 16, 1995, Susp. Waterford, town of, Saratoga County . 360734 July 26, 1974, Emerg.; December 4, 1979, ...... do ...... Do. Reg.; August 16, 1995, Susp. Region VI Texas: Guadalupe County, unicorporated 480266 September 22, 1972, Emerg.; March 1, ...... do ...... Do. areas. 1979, Reg.; August 16, 1995, Susp. LaVernia, city of, Wilson County ...... 481050 March 9, 1977, Emerg.; May 1, 1978, ...... do ...... Do. Reg.; August 16, 1995, Susp. Wilson County, unincorporated area .. 480230 January 10, 1974, Emerg.; March 15, ...... do ...... Do. 1978, Reg.; August 16, 1995, Susp. Region VII Missouri: Columbia, city of, Boone County 290036 August 27, 1971, Emerg.; August 27, ...... do ...... Do. 1971, Reg.; August 16, 1995, Susp. Region VIII Colorado: Adams County, unincorporated areas 080001 January 14, 1972, Emerg.; February 1, ...... do ...... Do. 1979, Reg.; August 16, 1995, Susp. Arapahoe County, unincorporated 080011 February 4, 1972, Emerg.; August 15, ...... do ...... Do. areas. 1977, Reg.; August 16, 1995, Susp. Aurora, city of, Adams and Araphoe 080002 August 20, 1971, Emerg.; June 1, 1978, ...... do ...... Do. Counties. Reg.; August 16, 1995, Susp. Brighton, city of, Adams County ...... 080004 August 2, 1974, Emerg.; November 16, ...... do ...... Do. 1977, Reg.; August 16, 1995, Susp. Englewood, city of, Arapahoe County 085074 February 26, 1971, Emerg.; February 11, ...... do ...... Do. 1972, Reg.; August 16, 1995, Susp. Federal Heights, city of, Adams 080240 July 28, 1976, Emerg.; April 15, 1986, ...... do ...... Do. County. Reg.; August 16, 1995, Susp. Greenwood Village, city of, Araphoe 080195 March 16, 1976, Emerg.; January 5, 1978, ...... do ...... Do. County. Reg.; August 17, 1994, Susp. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39127 Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas Sheridan, city of, Arapahoe County ... 080018 February 4, 1972, Emerg.; July 13, 1976, ...... do ...... Do. Reg.; August 16, 1995, Susp. Code for reading third column: Emerg.ÐEmergency; Reg.ÐRegular; Rein.ÐReinstatement; Susp.ÐSuspension. (Catalog of Federal Domestic Assistance No. List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: 83.100, ‘‘Flood Insurance’’) Radio Broadcasting. Sharon P. McDonald, Mass Media Issued: July 24, 1995. Bureau, (202) 418–2180. Federal Communications Commission. Frank H. Thomas, SUPPLEMENTARY INFORMATION: This is a Deputy Associate Director, Mitigation Andrew J. Rhodes, synopsis of the Commission’s Report Directorate. Acting Chief, Allocations Branch, Policy and and Order, MM Docket No. 92–244, [FR Doc. 95–18722 Filed 7–31–95; 8:45 am] Rules Division, Mass Media Bureau. adopted July 14, 1995, and released July [FR Doc. 95–18799 Filed 7–31–95; 8:45 am] BILLING CODE 6718±21±P 26, 1995. The full text of this BILLING CODE 6712±01±F Commission decision is available for inspection and copying during normal FEDERAL COMMUNICATIONS business hours in the FCC Reference 47 CFR Part 73 COMMISSION Center (Room 239), 1919 M Street NW., [MM Docket No. 92±244; RM±8027, RM± Washington, DC. The complete text of 47 CFR Part 73 8182, RM±8183] this decision may also be purchased [MM Docket No. 92±200; RM±8018] from the Commission’s copy Radio Broadcasting Services; contractors, International Transcription Charlotte Amalie, Cruz Bay, Radio Broadcasting Services; Bronson Service, Inc., (202) 857–3800, 2100 M Frederiksted, Christiansted, VI, and and Cross City, FL Street NW., Suite 140, Washington, DC Aguada, Gurabo, Utuado, San Juan, 20037. AGENCY: Federal Communications Ponce and Carolina, PR At their request, the counterproposal Commission. AGENCY: Federal Communications jointly filed by El Mundo Broadcasting ACTION: Final rule. Commission. Corporation, Estereotempo, Inc., Radio Redentor, Inc. and Aurio Matos, is ACTION: Final rule. SUMMARY: This document denies the dismissed (RM–8183). With this action, reallotment of Channel 295C1 from SUMMARY: The Commission, at the this proceeding is terminated. Cross City, Florida, to Bronson, Florida, request of Paradise Broadcasting List of Subjects in 47 CFR Part 73 as requested by Women in Florida Corporation, substitutes Channel 267B Broadcasting, Inc. See 57 FR 42537, for Channel 222B at Cruz Bay, Virgin Radio broadcasting. September 15, 1992. With this action, Islands, and modifies Station this proceeding is terminated. Part 73 of title 47 of the Code of WDCM(FM)’s construction permit Federal Regulations is amended as EFFECTIVE DATE: August 1, 1995. accordingly (RM–8182). Additionally, follows: FOR FURTHER INFORMATION CONTACT: the mutually exclusive proposal of Nancy J. Walls, Mass Media Bureau, Robert E. Miller, Jonathan Cohen and PART 73Ð[AMENDED] (202) 418–2180. Arthur V. Belendiuk, d/b/a Calypso Communications, proposing the 1. The authority citation for part 73 SUPPLEMENTARY INFORMATION: This is a continues to read as follows: synopsis of the Commission’s Report substitution of Channel 267B for and Order, MM Docket No. 92–200, Channel 246B at Charlotte Amalie, Authority: Sections 303, 48 Stat., as adopted July 18, 1995, and released July Virgin Islands, is denied (RM–8027). amended, 1082; 47 U.S.C. 154, as amended. 26, 1995. The full text of this See 57 FR 58769, December 11, 1992. § 73.202 [Amended] Commission decision is available for Channel 267B can be allotted at Cruz Bay in compliance with the 2. Section 73.202(b), the Table of FM inspection and copying during normal Allotments under Virgin Islands, is business hours in the FCC Reference Commission’s minimum distance separation requirements with a site amended by removing Channel 222B Center (Room 239), 1919 M Street NW., and adding Channel 267B at Cruz Bay. Washington, DC. The complete text of restriction of 19.0 kilometers (11.8 this decision may also be purchased miles) west. The coordinates for Federal Communications Commission. from the Commission’s copy Channel 267B at Cruz Bay are North Andrew J. Rhodes, contractors, International Transcription Latitude 18–21–31 and West Longitude Acting Chief, Allocations Branch, Policy and Service, Inc., (202) 857–3800, 1919 M 64–58–21. See Supplementary Rules Division, Mass Media Bureau. Street, NW., Room 246, or 2100 M Street Information, infra. [FR Doc. 95–18797 Filed 7–31–95; 8:45 am] NW., Suite 140, Washington, DC 20037. EFFECTIVE DATE: September 11, 1995. BILLING CODE 6712±01±F 39128 Proposed Rules Federal Register Vol. 60, No. 147 Tuesday, August 1, 1995 This section of the FEDERAL REGISTER 20 percent by all U.S. Reporters of the in Services Survey Act (Pub. L. 94–472, contains notices to the public of the proposed affiliate combined, if the affiliate’s total 90 Stat. 2059, 22 U.S.C. 3101–3108, as issuance of rules and regulations. The assets, sales, or net income exceed $100 amended). purpose of these notices is to give interested million. Reporting for the largest The BE–11 survey consists of an persons an opportunity to participate in the affiliates owned between 10 and 20 instruction booklet, a claim for not filing rule making prior to the adoption of the final rules. percent is needed in at least one year the BE–11, and the following report between benchmark surveys, in order to forms: maintain reliable estimates of data for 1. Form BE–11A for reporting by a DEPARTMENT OF COMMERCE the universe of foreign affiliates (which U.S. Reporter that is not a bank; is defined by law to include all foreign 2. Form BE–11B(LF) (Long Form) for Bureau of Economic Analysis business enterprises owned 10 percent reporting majority-owned nonbank or more by a U.S. person). A similar foreign affiliates with assets, sales, or 15 CFR Part 806 requirement was imposed in the 1987 net income greater than $50 million [Docket No. 950710175±5175±01] and 1992 annual surveys, which fell (positive or negative); between earlier benchmark surveys. 3. Form BE–11B(SF) (Short Form) for RIN 0691±AA25 Raising the overall exemption level reporting majority-owned nonbank will reduce the number of U.S. parent foreign affiliates with assets, sales, or Direct Investment Surveys; Change in companies and foreign affiliates that Reporting Requirements for the net income greater than $20 million, but must be reported in the survey, and not greater than $50 million (positive or Annual Survey of U.S. Direct instituting a short form for smaller Investment Abroad (BE±11) negative); and majority-owned affiliates will reduce 4. Form BE–11C for reporting AGENCY: Bureau of Economic Analysis, the number of items to be reported for minority-owned nonbank foreign Commerce. those affiliates. Thus, the proposed affiliates. changes will reduce both the reporting ACTION: Notice of proposed rulemaking. A. Form BE–11A must be filed by and processing burdens of the survey. each nonbank U.S. person having a SUMMARY: These proposed rules will (As noted below, however, BEA is foreign affiliate reportable on Form BE– amend 15 CFR 806.14 to revise the proposing to add several items to the 11B(LF), BE–11B(SF), or BE–11C. Under reporting requirements for the BE–11, survey forms, which does not require a these proposed rules, the exemption Annual Survey of U.S. Direct rule change; the addition of the items level for reporting individual foreign Investment Abroad. The BE–11 is will increase the reporting burden, affiliates on Form BE–11B(LF) or (SF) or mandatory survey of U.S. direct partially offsetting the reduction in BE–11C—and, thus, for determining investment abroad conducted by the burden due to raising the exemption whether a U.S. person has to file Form Bureau of Economic Analysis (BEA), level and instituting the short form). BE–11A—would be raised from $15 U.S. Department of Commerce. The DATES: Comments on these proposed million to $20 million. The exemption proposed rules will: rules will receive consideration if level is the level of a foreign affiliate’s (1) Raise the overall exemption level submitted in writing on or before assets, sales, or net income below which for the survey, and the exemption level September 15, 1995. a Form BE–11B(LF) or (SF) or BE–11C for reporting individual nonbank foreign ADDRESSES: Comments may be mailed to is not required. Raising the exemption affiliates on Forms BE–11B(LF) and BE– the Office of the Chief, International level lowers the number of reports that 11C, from $15 million to $20 million. Investment Division (BE–50), Bureau of otherwise must be filed, thus reducing (2) Institute a short form, Form BE– Economics Analysis, U.S. Department of the reporting and processing burdens. 11B(SF), for U.S. companies to report Commerce, Washington, DC 20230, or The proposed exemption level of $20 their majority-owned nonbank foreign hand delivered to Shipping and million is the same as that recently affiliates with assets, sales, and net Receiving, Section M–100, 1441 L approved for the related quarterly Form income in the $20 to $50 million range. Street, NW., Washington, DC 20005. BE–577, Direct Transactions of U.S. (3) For fiscal year 1997 only, require Comments received will be available for Reporter With Foreign Affiliate. The the largest nonbank foreign affiliates public inspection in Room 7006, 1441 L exemption level for the BE–11 survey owned between 10 and 20 percent to be Street NW., between 8:30 a.m. and 4:30 was last raised following the 1989 reported on Form BE–11C, along with p.m., Monday through Friday. benchmark survey and was effective affiliates owned between 20 and 50 FOR FURTHER INFORMATION CONTACT: with the annual survey covering the percent. In all years, nonbank foreign Betty L. Barker, Chief, International year 1990. affiliates owned between 20 and 50 Investment Division (BE–50), Bureau of In addition to raising the exemption percent by all U.S. Reporters (U.S. Economic Analysis, U.S. Department of level, these proposed rules will institute parent companies) of the affiliate Commerce, Washington, DC 20230; the BE–11B(SF) short form. Majority- combined must be reported on Form phone (202) 606–9800. owned nonbank foreign affiliates for BE–11C if their assets, sales, or net SUPPLEMENTARY INFORMATION: The BE– which assets, sales, or net income is income exceed $20 million. For fiscal 11, Annual Survey of U.S. Direct greater than $20 million (positive or year 1997 only, Form BE–11C must also Investment Abroad, is part of BEA’s negative), but for which no one of these be filed for nonbank foreign affiliates regular data collection program for U.S. items is greater than $50 million owned, directly and/or indirectly, at direct investment abroad. The survey is (positive or negative), will be required least 10 percent by one U.S. Reporter mandatory and is conducted pursuant to to be reported on Form BE–11B(SF). The (i.e., U.S. parent company), but less than the International Investment and Trade use of a short form means that, for about Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39129 3,700 foreign affiliates, U.S. companies and are not reflected in these proposed Federalism assessment under E.O. will now report significantly fewer data rules. The major changes are the 12612. items than on the last (1993) annual addition of five items on Form BE–11A Executive Order 12866 survey. to facilitate the estimation of U.S. parent For fiscal year 1997 only, these companies’ gross product in the United These proposed rules have been proposed rules will require the largest States annually; the addition of three determined to be not significant for nonbank foreign affiliates owned items on Form BE–11B(LF) to collect purposes of E.O. 12866. between 10 and 20 percent to be affiliates’ equity investment in other Paperwork Reduction Act reported on Form BE–11C, along with foreign affiliates needed to arrive at the affiliates owned between 20 and 50 correct values for affiliates’ income and These proposed rules contain a percent. In all years, reporting on Form owners’ equity; and the addition of an collection of information requirement BE–11C is required if an affiliate is item on Form BE–11B(LF) (which is also subject to the Paperwork Reduction Act. owned between 20 and 50 percent by all included on new Form BE–11B(SF)) to A request for review of the forms has U.S. Reporters combined and if its collect property, plant, and equipment been submitted to the Office of assets, sales, or net income exceed $20 (PP&E) expenditures. Projected and Management and Budget under section million. Primarily to reduce reporting actual expenditures for PP&E had been 3504(h) of the Paperwork Reduction burden of the survey, affiliates owned collected on the BE–133 B and C Act. The public reporting burden for a U.S. less than 20 percent do not have to be surveys, which were discontinued in company for this collection of reported. However, U.S. direct June 1993. At that time, respondents information can range from 4 hours for investment abroad is defined by law to were informed that an item on actual the smallest and least complex U.S. include all foreign business enterprises expenditures would be added to the Reporter that has one affiliate, to owned 10 (not 20) percent or more, annual survey. All the items being approximately 3,000 hours for a large directly or indirectly, by a U.S. person. added are currently only available on U.S. Reporter that has up to 150 BEA conducts periodic benchmark benchmark surveys. affiliates with a wide range of activities; surveys of U.S. direct investment abroad Other changes to the survey include (the BE–10), covering all foreign the average burden per Reporter is 62 the collection of ‘‘total sales,’’ rather hours. The estimated burden includes affiliates owned 10 percent or more. A than ‘‘sales of services,’’ by transactor benchmark survey for the year 1994 is time for reviewing instructions, on Form BE–11A; the collection of searching existing data sources, now being conducted; the next survey research and development expenditures will cover the year 1999. In order to gathering and maintaining the data on a performed ‘‘by’’ basis (the basis needed, and completing and reviewing maintain reliable estimates of data for used by the National Science the universe of all foreign affiliates in the collection of information. Comments Foundation), rather than a performed nonbenchmark years, reporting for the from the public regarding the burden ‘‘for’’ basis, on Form BE–11A and Forms largest affiliates owned between 10 and estimate or any other aspect of this BE–11B (LF) and (SF); the addition of an 20 percent is needed for at least one collection of information should be item on Forms BE–11B (LF) and (SF) to year between benchmark surveys. addressed to: Acting Director, Bureau of obtain information on an indirectly- Although the U.S. ownership Economic Analysis (BE–1), U.S. owned foreign affiliate’s foreign parent’s percentages in these affiliates are low, Department of Commerce, Washington, identify and ownership interest in its some of the affiliates are very large and DC 20230; and to the Office of subsidiary; and the replacement on have a sizable impact on the estimates. Management and Budget, Washington, Form BE–11C of one item, on U.S. Under these proposed rules, reporting of DC 20503, Attention: Desk Officer for Form BE–11(C) for nonbank foreign ownership in the affiliate, with two the Department of Commerce. (OMB affiliates owned directly and/or items—one on direct ownership interest Control No. 0608–0053). indirectly, at least 10 percent by one and the other on indirect ownership Regulatory Flexibility Act U.S. Reporter, but less than 20 percent interest. by all U.S. Reporters of the affiliate The reporting burden for the 1995 The Assistant General Counsel for combined, and for which assets, sales, BE–11 (OMB Control No. 0608–0053) Legislation and Regulation, Department or net income exceed $100 million survey is estimated at 88,940 hours, of Commerce, has certified to the Chief would be required for fiscal year 1997 16,360 less than the estimate currently Counsel for Advocacy, Small Business only. A similar one-year requirement in the OMB inventory. The reduction in Administration, under the provisions of was imposed in the 1987 annual survey burden is more than accounted for by the Regulatory Flexibility Act (5 U.S.C. (between the 1982 and 1989 benchmark raising the exemption level from $15 605(b)), that these proposed rules, if surveys) and in the 1992 annual survey million to $20 million and by instituting adopted, will not have a significant (between the 1989 and 1994 benchmark the BE–11B short form, partly offset by economic impact on a substantial surveys). natural growth in the universe and the number of small entities. The exemption These new rules, if approved, will be addition of new items. level is set in terms of the size of a U.S. effective with the survey covering fiscal A copy of the proposed survey forms company’s foreign affiliates. Only if the year 1995. The 1995 forms will be may be obtained from: Office of the affiliate’s assets, sales, or net income mailed out in March 1996 and will be Chief, Direct Investment Abroad Branch, exceeds $20 million must it be reported. due May 31, 1996. The last BE–11 International Investment Division (BE– Usually, the U.S. parent company (the survey covered the year 1993. (A BE–11 69(A), Bureau of Economic Analysis, one required to file the report) is many survey is not conducted in a year, such U.S. Department of Commerce, times larger. as 1994, when a BE–10 benchmark Washington, DC 20230; phone (202) In addition, by raising the exemption survey is conducted.) 606–5566. level from $15 million to $20 million, BEA is proposing a number of other U.S. parent companies will no longer Executive Order 12612 changes to the report forms have to report for affiliates between $15 themselves—such as modifications, These proposed rules do not contain and $20 million. This change should additions, and deletions. These changes, policies with Federalism implications reduce the reporting burden on smaller however, do not require rule changes sufficient to warrant preparation of a U.S. businesses that own these affiliates. 39130 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules Also, to minimize the reporting burden (B) A BE–11B(SF) (Short Form) is DEPARTMENT OF TRANSPORTATION on smaller U.S. businesses, majority- required to be filed for each majority- owned affiliates with assets, sales, and owned nonbank foreign affiliate of a Coast Guard net income in the range of $20 million nonbank U.S. Reporter for which any 33 CFR Part 1 to $50 million will be reported on the one of the three items listed in abbreviated BE–11B(SF), or short form, paragraph (f)(3)(ii)(A) of this section was [CGD 94±105] rather than the BE–11B(LF), or long greater than $20 million (positive or RIN 2115±AE99 form. negative), but for which no one of these List of Subjects in 15 CFR Part 806 items was greater than $50 million Coast Guard Rulemaking Procedures (positive or negative), at the end of, or Balance of payments, Economic AGENCY: Coast Guard, DOT. for, the affiliate’s fiscal year. statistics, U.S. investment abroad, ACTION: Notice of proposed rulemaking; Penalties, Reporting and recordkeeping (iii) Form BE–11C (Report for reopening of comment period. requirements. Minority-owned Foreign Affiliate) must SUMMARY: Dated: June 30, 1995. be filed for each minority-owned On June 14, 1995, the Coast Guard published a notice of proposed J. Steven Landefeld, nonbank foreign affiliate that is owned at least 20 percent, but not more than 50 rulemaking (60 FR 31267) proposing the Acting Director, Bureau of Economic use of a ‘‘direct final rule’’ process for Analysis. percent, directly and/or indirectly, by all U.S. Reporters of the affiliate use with noncontroversial rules. For the reasons set forth in the combined, and for which any one of the Because of a request for additional time preamble, BEA proposes to amend 15 to comment on the proposed rulemaking CFR part 806 as follows: three items listed in paragraph (f)(3)(ii)(A) of this section was greater the comment period is being reopened for 30 additional days. PART 806ÐDIRECT INVESTMENT than $20 million (positive or negative) SURVEYS at the end of, or for, the affiliate’s fiscal DATES: Comments must be received on year. In addition, for the report covering or before August 31, 1995. 1. The authority citation for 15 CFR fiscal year 1997 only, a Form BE–11C ADDRESSES: Comments may be mailed to part 806 continues to read as follows: must be filed for each minority-owned the Executive Secretary, Marine Safety Authority: 5 U.S.C. 301; 22 U.S.C. 3101– nonbank foreign affiliate that is owned, Council (G–LRA/3406) (CGD 94–105), 3108; and E.O. 11961 (3 CFR, 1977 Comp., directly or indirectly, at least 10 percent U.S. Coast Guard Headquarters, 2100 p. 86), as amended by E.O. 12013 (3 CFR, Second Street SW., Washington, DC 1977 Comp., p. 147), E.O. 12318 (3 CFR, 1981 by one U.S. Reporter, but less than 20 percent by all U.S. Reporters of the 20593–0001, or may be delivered to Comp., p. 173), and E.O. 12518 (3 CFR, 1985 room 3406 at the same address between affiliate combined, and for which any Comp., p. 348). 8 a.m. and 3 p.m., Monday through one of the three items listed in § 806.14 [Amended] Friday, except Federal holidays. The paragraph (f)(3)(ii)(A) of this section was telephone number is (202) 267–1477. 2. Section 806.14(f)(3) introductory greater than $100 million (positive or text, (f)(3)(i), (f)(3)(ii), (f)(3)(iii), (f)(3)(iv) The Executive Secretary maintains the negative) at the end of, or for, the public docket for this rulemaking. (A) through (C), (f)(3)(v) are revised to affiliate’s fiscal year. read as follows: Comments will become part of this (iv) * * * docket and will be available for * * * * * inspection or copying at room 3406, (f) * * * (A) None of its exemption level items (3) BE–11—Annual Survey of U.S. is above $20 million. U.S. Coast Guard Headquarters, between Direct Investment Abroad: A report, (B) For fiscal year 1997 only, it is less 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. consisting of Form BE–11A and Form(s) than 20 percent owned, directly or BE–11B(LF), BE–11B(SF), and/or BE– indirectly, by all U.S. Reporters of the FOR FURTHER INFORMATION CONTACT: LT R. Goldberg, Staff Attorney, 11C, is required of each nonbank U.S. affiliate combined and none of its Regulations and Administrative Law Reporter who, at the end of the exemption level items exceeds $100 Division, Office of Chief Counsel, U.S. Reporter’s fiscal year, had a nonbank million. foreign affiliate reportable on Form BE– Coast Guard Headquarters, (202) 267– (C) For fiscal years other than 1997, it 11B(LF), BE–11B(SF), or BE–11C. Forms 6004. required and the criteria for reporting on is less than 20 percent owned, directly SUPPLEMENTARY INFORMATION: The notice each are as follows: or indirectly, by all U.S. Reporters of the of proposed rulemaking published on (i) Form BE–11A (Report for U.S. affiliate combined. June 14, 1995 invited and encouraged Reporter) must be filed by each nonbank (D) * * * interested persons to participate in the U.S. person having a foreign affiliate (E) * * * proposed rulemaking by submitting written comments, including views, reportable on Form BE–11B(LF), BE– (v) Notwithstanding the above, a Form data or arguments by July 14, 1995. An 11B(SF), or BE–11C. BE–11B(LF), BE–11B(SF), or BE–11C (ii) Form BE–11B(LF) or (SF) (Report organization requested additional time must be filed for a foreign affiliate of the for Majority-owned Foreign Affiliate). to prepare comments citing the need for (A) A BE–11B(LF) (Long Form) is U.S. Reporter that owns another additional time to disseminate required to be filed for each majority- nonexempt foreign affiliate of that U.S. information to effected persons. Because owned nonbank foreign affiliate of a Reporter, even if the foreign affiliate of this request the comment period is nonbank U.S. Reporter for which any parent is otherwise exempt. That is, all reopened for 30 additional days. Coast one of three items—total assets, sales or affiliates upward in the chain of Guard is reopening the comment period gross operating revenues excluding sales ownership must be reported. on the notice of proposed rulemaking, taxes, or net income after provision for * * * * * ‘‘Coast Guard Rulemaking Procedures’’ foreign income taxes—was greater than [FR Doc. 95–18804 Filed 7–31–95; 8:45 am] which proposes allowing the use of $50 million (positive or negative) at the BILLING CODE 3510±DT±M direct final rulemaking procedures in end of, or for, the affiliate’s fiscal year. certain situations. The NPRM was Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39131 published in the Federal Register on DATES: Comments in response to today’s 1995, after considering the general June 14, 1995 (60 FR 31267) with a document must be received by request to extend the initial public comment period that ended July 14, September 15, 1995. comment period and to provide an 1995. ADDRESSES: Comments in response to opportunity for the public to comment Persons submitting comments should today’s document should be submitted, on the proposed compliance criteria in include their names and addresses, in duplicate, to: Docket No. A–92–56, light of DOE’s draft compliance identify this rulemaking (CGD 94–105) Air Docket, room M–1500 (6102), U.S. certification application. Comments in and the specific section of this proposal Environmental Protection Agency, 401 response to today’s document must be to which each comment applies, and M Street SW., Washington, DC, 20460. received by September 15, 1995. The give the reason for each comment. FOR FURTHER INFORMATION CONTACT: public is referred to the January 30, Please submit two copies of all Mary Kruger or Elizabeth Forinash; 1995 Federal Register, 60 FR 5766– comments and attachments in an telephone (202) 233–9310; address: 5791, which contains the compliance unbound format, no larger than 81⁄2 by Criteria and Standards Division, Mail criteria and accompanying information. 11 inches, suitable for copying and Code 6602J, U.S. Environmental EPA will shortly announce a separate electronic filing. Persons wanting Protection Agency, 401 M Street SW., opportunity for public comment on acknowledgment of receipt of comments Washington, DC, 20460. The proposed DOE’s draft compliance certification should enclose stamped, self-addressed criteria and supplementary information application. These comments will be postcards or envelopes. The Coast are located in Docket A–92–56. The considered in EPA’s staff-level review of Guard will consider all comments DOE draft compliance application, the draft application. EPA’s staff-level received during the comment period. It described below, is located in Docket review of the DOE draft application has may change this proposal in view of the A–93–02 no binding legal effect. EPA will comments. SUPPLEMENTARY INFORMATION: The determine whether the WIPP facility is Dated: July 24, 1995. Department of Energy has proposed to in compliance with EPA’s radiation J.E. Shkor, use the WIPP, an underground disposal standards only after EPA issues Rear Admiral, U.S. Coast Guard, Chief geological repository in Eddy County, final compliance criteria, receives a Counsel. New Mexico, for the disposal of final DOE compliance certification [FR Doc. 95–18763 Filed 7–31–95; 8:45 am] radioactive waste generated by atomic application, and conducts a WIPP BILLING CODE 4910±14±M energy defense activities. On January 30, certification rulemaking proceeding in 1995 (60 FR 5766–5791), EPA published accordance with the Administrative proposed criteria for certifying and Procedure Act rulemaking requirements determining whether the WIPP complies at 5 U.S.C. 553. ENVIRONMENTAL PROTECTION with EPA’s radiation protection disposal AGENCY standards set forth in 40 CFR 191. The Additional Docket Information final criteria will be used by EPA in The Agency is currently maintaining 40 CFR Part 194 determining whether the WIPP disposal the following public information system complies with the disposal [FRL±5266±7] dockets: (1) Dockets No. A–92–56 and standards, based on a compliance A–93–02, located in room 1500 (first certification application to be submitted RIN 2060±AE30 by DOE. See section 8 of the WIPP Land floor in Waterside Mall near the Washington Information Center), U.S. Criteria for the Certification and Withdrawal Act, Pub. L. No. 102–579. EPA held a 90-day public comment Environmental Protection Agency, 401 Determination of the Waste Isolation M Street SW., Washington, DC 20460 Pilot Plant's Compliance With period on the January 30, 1995 proposed WIPP compliance criteria that (open from 8:00 a.m. to 4:00 p.m. on Environmental Standards for the weekdays); (2) EPA’s docket in the Management and Disposal of Spent concluded on May 1, 1995. See 60 FR at 5766. EPA also conducted public Government Publications Department of Nuclear Fuel, High-Level and the Zimmerman Library of the Transuranic Radioactive Wastes hearings to receive additional public comments on the proposed criteria. The University of New Mexico located in AGENCY: Environmental Protection hearings were held in New Mexico from Albuquerque, New Mexico (open from Agency (EPA). March 21–24, 1995. See 60 FR at 11060. 8:00 a.m. to 9:00 p.m. on Monday through Thursday, 8:00 a.m. to 5:00 ACTION: Proposed rule; Re-opening EPA received a request that EPA public comment period. extend the initial 90-day public p.m. on Friday, 9:00 a.m. to 5:00 p.m. comment period by at least 30 days. In on Saturday, and 1:00 p.m. to 9:00 p.m. SUMMARY: The Environmental Protection addition, DOE has submitted to EPA, in on Sunday); (3) EPA’s docket in the Agency (EPA) is re-opening the public two parts, a draft compliance Fogelson Library of the College of Santa comment period on previously certification application. The DOE Fe in Santa Fe, New Mexico located at proposed criteria for certifying and submittals have been placed in the 1600 St. Michaels Drive (open from 8:00 determining whether the Department of compliance certification docket No. A– a.m. to 12:00 midnight on Monday Energy’s Waste Isolation Pilot Plant 93–02, identified above. EPA does not through Thursday, 8:00 a.m. to 5:00 (WIPP) complies with the disposal expect DOE’s draft compliance p.m. on Friday, 9:00 a.m. to 5:00 p.m. standards set forth in 40 CFR 191 certification application to influence the on Saturday, 1:00 p.m. to 9:00 p.m. on (Environmental Radiation Protection contents of EPA’s final compliance Sunday); and (4) EPA’s docket in the Standards for the Management and criteria. Nevertheless, members of the Municipal Library of Carlsbad, New Disposal of Spent Nuclear Fuel, High- public have expressed concern that the Mexico located at 101 S. Halegueno Level and Transuranic Radioactive draft application may affect EPA’s final (open from 10:00 a.m. to 9:00 p.m. on Wastes). The proposed criteria and criteria. Monday through Thursday, 10:00 a.m. accompanying information were EPA is re-opening the public to 6:00 p.m. on Friday and Saturday, published in the Federal Register on comment period on the proposed and 1:00 p.m. to 5:00 p.m. on Sunday). January 30, 1995 (60 FR 5766–5791). compliance criteria until September 15, As provided in 40 CFR part 2, a 39132 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules reasonable fee may be charged for Comments and data may also be add chemicals to or delete chemicals photocopying docket materials. submitted electronically by sending from the list. EPA must respond to Richard Wilson, electronic mail (e-mail) to: petitions within 180 days, either by Acting Assistant Administrator, Office of Air [email protected]. Electronic initiating a rulemaking or by publishing and Radiation. comments must be submitted as an an explanation of why the petition is [FR Doc. 95–18834 Filed 7–31–95; 8:45 am] ASCII file avoiding the use of special denied. EPA issued a statement of petition BILLING CODE 6560±50±P characters and any form of encryption. Comments and data will also be policy and guidance in the Federal accepted on disks in WordPerfect in 5.1 Register of February 4, 1987 (52 FR 40 CFR Part 372 file format or ASCII file format. All 3479), to provide guidance regarding the comments and data in electronic form recommended content and format for [OPPTS±400095; FRL±4958±8] must be identified by the docket number submitting petitions. On May 23, 1991 OPPTS–400095. No CBI should be (56 FR 23703), EPA issued guidance Di-(2-ethylhexyl) Adipate; Toxic submitted through e-mail. Electronic regarding the recommended content of Chemical Release Reporting; comments on this proposed rule may be petitions to delete individual members Community Right-to-Know filed online at many Federal Depository of the section 313 metal compound Libraries. Additional information on categories. EPA has also published a AGENCY: Environmental Protection electronic submissions can be found in statement clarifying its interpretation of Agency (EPA). Unit V. of this document. the section 313(d)(2) and (3) criteria for ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: adding and deleting chemical Maria J. Doa, 202-260-9592, e-mail: substances from the section 313 list (59 SUMMARY: EPA is proposing to grant a [email protected], for specific FR 61439, November 30, 1994). petition to delist di-(2-ethylhexyl) information regarding this proposed II. Description of Petition and Other adipate (DEHA) (Chemical Abstract rule. For further information on EPCRA Applicable Regulations Service (CAS) No. 103-23-1), also section 313, contact the Emergency known as bis-(2-ethylhexyl) adipate, Planning and Community Right-to- On January 18, 1995, EPA received a from the reporting requirements under Know Information Hotline, petition from the Chemical section 313 of the Emergency Planning Environmental Protection Agency, Mail Manufacturers Association to exclude and Community Right-to-Know Act of Stop 5101, 401 M St., SW., Washington, di-(2-ethylhexyl) adipate (DEHA) from 1986 (EPCRA) and section 6607 of the DC 20460, Toll free: 800-535-0202, in section 313 of EPCRA. Specifically, the Pollution Prevention Act of 1990 (PPA). Virginia and Alaska: 703-412-9877, or petition requests that DEHA be deleted This action is based on EPA’s Toll free TDD: 800-553-7672. from the list of reportable chemicals and preliminary conclusion that DEHA not be subject to the annual reporting SUPPLEMENTARY INFORMATION: meets the deletion criteria of EPCRA requirements under EPCRA section 313 section 313(d)(3). Specifically, EPA is I. Introduction and section 6607 of the PPA. The petitioner contends that DEHA should proposing to grant this petition because, A. Statutory Authority based on the total weight of available be deleted from the EPCRA section 313 data, EPA believes that: (1) DEHA This action is taken under sections list because, in their opinion, the cannot reasonably be anticipated to 313(d) and (e)(1) of the Emergency available data show that DEHA does not cause significant acute adverse human Planning and Community Right-to- meet the criteria for inclusion on the list health effects at concentration levels Know Act of 1986 (EPCRA), 42 U.S.C. of EPCRA section 313 chemicals. Under the Safe Drinking Water Act, expected to occur beyond facility site 11023. EPCRA is also referred to as Title DEHA has a Maximum Contaminant boundaries and thus does not meet the III of the Superfund Amendments and Level of 0.4 milligrams per liter (mg/L). criterion of EPCRA section 313(d)(2)(A); Reauthorization Act (SARA) of 1986 (2) DEHA does not meet the criterion of (Pub. L. 99-499). III. EPA’s Technical Review of Di-(2- EPCRA section 313(d)(2)(B) because it B. Background ethylhexyl) adipate cannot reasonably be anticipated to Section 313 of EPCRA requires certain A. Chemistry cause cancer, teratogenic effects, facilities manufacturing, processing, or DEHA (CAS No. 103-23-1), also immunotoxicity, neurotoxicity, gene otherwise using listed toxic chemicals mutations, liver, kidney, reproductive, known as bis(2-ethylhexyl) adipate and to report their environmental releases of as dioctyl adipate, is an aliphatic ester or developmental toxicity or other such chemicals annually. Beginning serious or irreversible chronic health used primarily as a plasticizer in a with the 1991 reporting year, such variety of products such as polyvinyl effects; and (3) DEHA does not meet the facilities also must report pollution criterion of EPCRA section 313(d)(2)(C) chloride (PVC) and other plastics, prevention and recycling data for such cellophane, rubber, and cosmetics. It is because it cannot reasonably be chemicals, pursuant to section 6607 of anticipated to cause significant and a light-colored, oily liquid with low the Pollution Prevention Act of 1990 water solubility (0.78 milligrams/liter serious adverse effects on the (PPA), 42 U.S.C. 13106. Section 313 of ° environment. (mg/L) at 22 C measured in 1986). EPCRA established an initial list of toxic DEHA has a very high boiling point (410 DATES: Written comments on this chemicals that was comprised of more °C), low volatility, very low pour point, proposed rule must be received by than 300 chemicals and 20 chemical and excellent low temperature fluidity October 2, 1995. categories. DEHA was included in the (Ref. 1). ADDRESSES: Submit written comments initial list of chemicals and categories. in triplicate and identified with docket Section 313(d) authorizes EPA to add or B. Toxicological Evaluation number ‘‘OPPTS–400095’’ to: OPPT delete chemicals from the list, and sets Information on DEHA was reviewed Document Control Officer (7407), forth criteria for these actions. EPA has for evidence indicating: (1) Environmental Protection Agency, Rm. added and deleted chemicals from the Bioavailability and metabolism; (2) NE–G99, 401 M St., SW., Washington, original statutory list. Under section acute toxicity; (3) chronic toxicity; (4) DC 20460. 313(e), any person may petition EPA to carcinogenicity; and (5) ecotoxicity. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39133 1. Bioavailability and metabolism. The dominant-lethal assay discussed D. Exposure and Releases DEHA is well absorbed from the above found a dose-related increase in Reported releases of DEHA were gastrointestinal tract of rats, mice, early fetal death, but the increase was retrieved from the Toxic Release monkeys, and humans (Ref. 2). No data not statistically significant and doses Inventory System (TRIS) and used to were available concerning the possible (0.46 to 9.2 g/kg, by single estimate air and water concentrations absorption of DEHA from the lung or interperitoneal injection) were high. using TRIAIR and TRIWATER modeling through the skin. 4. Carcinogenicity. The National techniques. The estimated maximum DEHA is rapidly hydrolyzed to adipic Toxicology Program tested DEHA for Lifetime Average Daily Potential Dose acid and 2-ethylhexanol both in vivo carcinogenicity in male and female rats via inhalation (0.00178 mg/kg/day) is and in vitro. 2-Ethylhexanol is and mice treated via diet (Ref. 2). Doses subsequently metabolized to over 300-fold less than the Reference were approximately 700 or 1,500 mg/kg/ Dose (RfD) (0.6 mg/kg/day). The ethylhexanoic acid and other acid and day in the rat and 2,800 or 7,000 mg/kg/ hydroxy acid derivatives and their difference for oral exposure is much day in the mouse. The chemical was greater for water (Ref. 3). Based on this gluconuride conjugates. Adipic acid is carcinogenic for female mice, inducing further oxidized to carbon dioxide. information, releases of DEHA are not a significantly increased incidence of expected to result in exposures of Excretion is primarily in the urine, with hepatocellular carcinomas. A marginally smaller amounts excreted in the expired concern for human health or the significant increase in hepatocellular environment. air (carbon dioxide) and feces (Ref. 2). carcinomas and adenomas combined 2. Acute toxicity. DEHA exhibits The Agency believes that exposure was reported for male mice as compared considerations are appropriate in slight acute toxicity. The oral median with that of the concurrent controls. Lethal Dose (LD50) value for rats is making determinations: (1) Under DEHA was not carcinogenic for the rats section 313(d)(2)(A); (2) under section greater than 8 grams per kilogram (g/kg), of either sex. and the dermal LD50 value for rabbits is 313(d)(2)(B) for chemicals that exhibit 5. Ecotoxicity. DEHA is not expected greater than 9 g/kg (Ref. 2). There was low to moderately low toxicity based on to pose a significant hazard to the no mortality among rats exposed by a hazard assessment; and (3) under environment. Based on structure inhalation to a saturated vapor. DEHA section 313(d)(2)(C) for chemicals that activity relationships (SARs), no toxic was not irritating to rabbit eyes and are low or moderately ecotoxic but do effects are anticipated for both skin, and it was not a dermal sensitizer not induce well-documented serious freshwater and saltwater species at in guinea pigs. adverse effects. The Agency believes 3. Chronic toxicity. Several chronic saturation (Ref. 2). For sediment species, that exposure considerations are not and subchronic feeding studies in rats acute and chronic toxicity are expected appropriate in making determinations: and mice show that DEHA is not highly to occur only at high concentrations: (1) Under section 313(d)(2)(B) for toxic. The primary effect in both species 1,000 and 100 mg/kg (dry weight), chemicals that exhibit moderately high appears to be body weight depression. respectively. to high human toxicity based on a In rats, the Lowest Observed Adverse C. Environmental Fate hazard assessment; and (2) under Effect Level (LOAEL) was 1,125 section 313(d)(2)(C) for chemicals that milligrams per kilogram per day (mg/kg/ DEHA released to air has an estimated are highly ecotoxic or induce well- day) for both the chronic and 13-week half-life for hydroxy radical oxidation of established adverse environmental studies. In mice, the LOAELs ranged 5.2 hours. No information was found on effects. Given DEHA’s low chronic from 2,800 mg/kg/day (chronic study) to photolysis of DEHA in air. toxicity and low ecotoxicity, exposure 900 mg/kg/day (13-week study) (Ref. 2). DEHA released to water is expected to considerations are appropriate for The weight of the evidence from undergo biodegradation in the water detrminations under sections several mutagenicity assays indicates column with a half-life on the order of 313(d)(2)(B) and (C) as part of this that DEHA is probably not mutagenic days to weeks. It will also partition proposed rule to delist. A more detailed (Ref. 2). Although most mutagenicity readily to sediment based on its discussion of EPA’s listing assays on DEHA are negative, DEHA estimated soil organic carbon partition determination guidelines is provided in does produce chromosome mutations in coefficient of 15,500. Once bound to the Federal Register of November 30, mammalian cells in culture (weakly), sediments, DEHA will probably 1994 (59 FR 61442). increase DNA synthesis in rats in vivo, continue to biodegrade, but possibly at and induce dominant lethals in mice in a significantly slower rate (halflife on E. Technical Summary vivo. A positive response in the the order of months). Hydrolysis is not Based on the total weight of available dominant lethal without collaborating expected to be a significant removal toxicity data, EPA believes that DEHA genotoxicity data in assay systems process below pH 9 (estimated half-life cannot reasonably be anticipated to designed to assess basic mutagenicity = 3.2 years at pH 7). cause significant adverse effects on hazard is not an indication of potential DEHA released to soil is expected to human health or the environment. mutagenicity (Ref. 2). adsorb strongly based on its estimated DEHA exhibits slight acute toxicity and Data on both developmental and soil organic carbon partition coefficient causes adverse chronic effects only at reproductive system toxicity are limited (15,500). Biodegradation is possible, and high doses. Furthermore, DEHA is not (Ref. 2). For developmental toxicity, a could further mitigate migration through expected to pose a significant hazard to standard protocol test is available for soil. Biodegradation half-life in soils is the environment. In addition, based on only one species. For reproductive estimated on the order of weeks. EPA’s exposure assessment, releases of toxicity, there is a one-generation test, DEHA is expected to be removed from DEHA are not expected to result in but not a multi-generation test. The one- wastewater in biological wastewater exposures of concern. generation reproduction study on male treatment systems by adsorption and and female rats showed a reduction in biodegradation. Based on available IV. Rationale for Proposal to Grant litter size with administration of biodegradation data and physical EPA is granting the petition by approximately 1,080 mg/kg/day of chemistry properties, 90 percent proposing to delete DEHA from the DEHA in feed, but the reduction was removal in Publicly Owned Treatment EPCRA section 313 list of toxic small and not statistically significant. Works was estimated. chemicals. This decision is based on the 39134 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules Agency’s preliminary determination Electronic comments can be sent C. Paperwork Reduction Act that DEHA does not meet the toxicity directly to EPA at: This proposed rule does not have any [email protected] criterion of EPCRA section 313(d)(2)(A) information collection requirements because it cannot reasonably be subject to the provisions of the anticipated to cause significant adverse Electronic comments must be Paperwork Reduction Act of 1980, 44 acute human health effects at submitted as an ASCII file avoiding the U.S.C. 3501 et seq. concentration levels that are reasonably use of special characters and any form likely to exist beyond facility site of encryption. D. Unfunded Mandates Reform Act boundaries as a result of continuous, or The official record for this Pursuant to Title II of the Unfunded frequently recurring, releases. rulemaking, as well as the public Mandates Reform Act of 1995, which EPA has preliminarily concluded that version, as described above will be kept the President signed into law on March DEHA does not meet the criterion of in paper form. Accordingly, EPA will 22, 1995, EPA has assessed the effects EPCRA section 313(d)(2)(B) because it transfer all comments received of this regulatory action on State, local cannot reasonably be anticipated to electronically into printed, paper form or tribal governments, and the private cause teratogenic effects, as they are received and will place the sector. This action does not result in the immunotoxicity, neurotoxicity, or liver, paper copies in the official rulemaking expenditure of $100 million or more by kidney, reproductive, or developmental record which will also include all any State, local or tribal governments, or toxicity or other serious or irreversible comments submitted directly in writing. by anyone in the private sector. The chronic health effects. Furthermore, The official rulemaking record is the costs associated with this action are while EPA has classified DEHA as a paper record maintained at the address described in the Executive Order 12866 Group C, possible human carcinogen, in ‘‘ADDRESSES’’ at the beginning of unit above. clear evidence of carcinogenicity was this document. observed in only one species-sex group List of Subjects in 40 CFR Part 372 VI. References (mice-female) in the animal studies. Environmental protection, Chemicals, (1) USEPA, OPPT, EETD. Jenny Tou, EPA believes that there is a lack of clear Community Right-to-Know, Reporting ‘‘Chemistry Report on Di(2-ethylhexyl) evidence of possible carcinogenicity in and recordkeeping requirements, Toxic Adipate,’’ dated April 27, 1995. male mice. Therefore, EPA believes that, chemicals. overall, the evidence is too limited to (2) USEPA, OPPT, CSRAD. establish that DEHA is likely to cause Memorandum from Lorraine Randecker Dated: July 24, 1995. cancer. EPA believes that DEHA has low to Fred Metz, entitled ‘‘Petition to Delist Lynn R. Goldman, chronic toxicity and accordingly has Di(2-ethylhexyl) Adipate,’’ dated May Assistant Administrator for Prevention, considered exposure factors. As stated 22, 1995. Pesticides and Toxic Substances. (3) USEPA, OPPT, EETD. David above, EPA has concluded that Therefore, 40 CFR part 372 is Lynch, ‘‘Exposure Assessment for DEHA anticipated exposure concentrations of amended as follows: in Response to Delisting Petition,’’ dated DEHA are not expected to result in 1. The authority citation for part 372 March 21, 1995. significant adverse effects. Therefore, would continue to read as follows: EPA has preliminarily concluded that VII. Regulatory Assessment Authority: 42 U.S.C. 11023 and 11048. DEHA does not meet the EPCRA section Requirements 313(d)(2)(B) listing criterion. EPA has also preliminarily A. Executive Order 12866 § 372.65 [Amended] determined that DEHA does not meet Under Executive Order 12866 (58 FR 2. Sections 372.65(a) and (b) are the toxicity criterion of EPCRA section 51735, October 4, 1993), the Agency amended by deleting the entry for Bis(2- 313(d)(2)(C) because it cannot must determine whether the regulatory ethylhexyl) adipate under paragraph (a) reasonably be anticipated to cause action is ‘‘significant’’ and therefore and the entire CAS number entry for adverse effects on the environment of subject to review by the Office of 103-23-1 under paragraph (b). sufficient seriousness to warrant Management and Budget (OMB) and the continued reporting. requirements of the Executive Order. [FR Doc. 95–18870 Filed 7–31–95; 8:45 am] Thus, in accordance with EPCRA Pursuant to the terms of this Executive BILLING CODE 6560±50±F section 313(d)(3), EPA is proposing to Order, it has been determined that this delete DEHA from the section 313 list of proposed rule is not ‘‘significant’’ and toxic chemicals. therefore not subject to OMB review. FEDERAL COMMUNICATIONS EPA estimates that the reduction in V. Rulemaking Record COMMISSION costs to industry associated with the A record has been established for this deletion of DEHA would be 47 CFR PART 1 proposed rule under docket number approximately $322,620. The costs ‘‘OPPTS–400095’’ (including comments savings to EPA are estimated at $8,664, [MM Docket No. 95±110; FCC 95±277] and data submitted electronically as if DEHA is deleted from the EPCRA Broadcast Services; Allocations; described below). A public version of section 313 list. Automatic Stay this record, including printed, paper B. Regulatory Flexibility Act versions of electronic comments, which AGENCY: Federal Communications does not include any information Under the Regulatory Flexibility Act Commission. claimed as confidential business of 1980, the Agency must conduct a ACTION: Notice of proposed rule making. information (CBI), is available for small business analysis to determine inspection from noon to 4 p.m., Monday whether a substantial number of small SUMMARY: This Notice of Proposed Rule through Friday, excluding legal entities would be significantly affected Making proposes to delete the automatic holidays. The public record is located in by the rule. Because this proposed rule stay provision in Section 1.420(f) of the the TSCA Nonconfidential Information eliminates an existing requirement, it Commission’s rules. That rule applies to Center, Rm. NE-B607, 401 M St., SW., would result in cost savings to facilities, proposals to amend the FM and TV Washington, DC 20460. including small entities. Tables of Allotments and provides for Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39135 an automatic stay upon the filing of a applications for review.1 Our proposal initial staff decision. Licensees who petition for reconsideration of any to delete the automatic stay provision proceed, where feasible, to construct Commission order modifying an for petitions for reconsideration would and operate new facilities in instances authorization to specify operation on a also eliminate automatic stays in the in which a petition for reconsideration different channel. The purpose of the context of applications for review. or application for review is pending proposed amendment is to remove any 4. The automatic stay was adopted by bear the risk of an adverse final incentive to challenge an agency order the Commission in 1975 as part of a decision, and must take whatever steps simply to delay institution of expanded provision that requires service of are necessary to comply with the final service by a competitor, and to expedite petitions for reconsideration in order. Moreover, the Commission provision of improved service to the proceedings for amendment of the FM retains the authority to impose a stay in public. and TV Tables of Allotments on any individual cases where circumstances DATES: Comments are due by August 28, licensee or permittee whose authorized warrant.3 1995, and reply comments are due by frequency could be changed. Thus, it is 8. We propose both to eliminate the September 12, 1995. apparent that the automatic stay was automatic stay in prospective cases, and intended to help ensure that affected to lift the stay with respect to any ADDRESSES: Federal Communications parties have the opportunity to Commission, Washington, DC 20554. petitions for reconsideration or comment before proposed modifications applications for review pending as of FOR FURTHER INFORMATION CONTACT: Kim to their authorizations become effective. the effective date of the Report and Matthews (202–739–0774), Mass Media 5. Our intent in proposing to delete Order in this proceeding. We believe Bureau. the automatic stay provision is to that lifting the stay in pending cases SUPPLEMENTARY INFORMATION: This is a discourage parties from filing meritless will further our objective of expediting synopsis of the Commission’s Notice of petitions for reconsideration or provision of improved service to the Proposed Rule Making (NPRM) in MM applications for review that can public. We invite comment on this Docket No. 95–110, adopted July 10, substantially delay implementation of second aspect of our proposal in 1995, and released July 21, 1995. The improved broadcast service. It is our particular, as well as on our general complete text of this NPRM is available experience that parties increasingly are proposal to eliminate the automatic for inspection and copying during filing challenges to approvals of their stay. normal business hours in the FCC competitor’s proposals to improve Reference Center (Room 239), 1919 M service, thereby triggering the automatic Administrative Matters Street, NW., Washington, DC, and also stay. Only a very small percentage of 9. Pursuant to applicable procedures may be purchased from the these petitions or applications for set forth in Sections 1.415 and 1.419 of Commission’s copy contractor, review are ultimately successful. the Commission’s rules, 47 CFR 1.415 International Transcription Service, Because the stay prohibits licensees and 1.419, interested parties may file (202) 857–3800, 2100 M Street, NW., from constructing modified facilities comments on or before August 28, 1995 Suite 140, Washington, DC 20037. authorized by the Commission until and reply comments on or before final resolution of any outstanding Synopsis of Notice of Proposed Rule September 12, 1995. To file formally in reconsideration or application for this proceeding, you must file an Making 2 review, or until the stay is lifted, the original and four copies of all 1. With this Notice of Proposed Rule stay provides an incentive for parties to comments, reply comments, and Making (NPRM), the Commission challenge agency approval of a supporting comments. If you want each proposes to delete that portion of competitor’s modification proposal Commissioner to receive a personal Section 1.420(f) of its rules, 47 CFR simply to forestall institution of new copy of your comments, you must file 1.420(f), which provides for an competitive service. These petitions an original plus nine copies. You should automatic stay, upon the filing of a cause unjustifiable expense for parties send comments and reply comments to petition for reconsideration, of any and absorb valuable staff resources. Office of the Secretary, Federal Commission order modifying an 6. Elimination of the automatic stay Communications Commission, authorization to specify operation on a would facilitate implementation of Washington, DC 20554. Comments and different channel. The purpose of the improved service to licensee reply comments will be available for proposed amendment is to remove an communities, thereby promoting more public inspection during regular apparent incentive for the filing of efficient use of broadcast spectrum and business hours in the FCC Reference petitions for reconsideration that are resulting in significant public interest Center (Room 239), 1919 M Street, NW., largely without merit and to expedite benefits. Because Section 1.420(f) will Washington, DC 20554. continue to require that petitions for provision of expanded service to the 10. This is a non-restricted notice and reconsideration be served on any public. comment rulemaking proceeding. Ex licensee or permittee whose 2. Section 1.420(f) provides, in parte presentations are permitted, authorization could be modified, the pertinent part: except during the Sunshine Agenda rights of these interested parties to be ** * The filing of a petition for period, provided they are disclosed as affirmatively informed of actions reconsideration of an order modifying an provided in the Commission’s rules. See potentially affecting their interests will authorization to specify operation on a 47 CFR 1.1202, 1.1203, and 1.1206(a). different channel shall stay the effect of a continue to be protected. change in the rules pending action of the 7. Elimination of the automatic stay, Initial Regulatory Flexibility Analysis petition. while allowing licensees to commence 11. Reason for Action: This construction and operation of their 3. Although Section 1.420(f) refers proceeding was initiated to improve modified facilities, would not prejudice only to petitions for reconsideration, the Commission procedures governing final resolution of any challenges to the Commission staff has also applied the proposals to amend the FM and TV automatic stay to orders challenged by 1 See Arlington TX, 6 FCC Rcd 2050, 2051 n. 2 Tables of Allotments. (1991). 2 See, e.g., Arlington, TX, supra n. 1. 3 See 47 CFR 1.102(b), 1.106(n), and 1.115(h). 39136 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 12. Objectives of the Action: The 47 CFR Parts 61, 64, and 69 competition among alternative actions proposed in the Notice are providers of local telephone and other [CC Docket No. 95±116; FCC 95±284] intended to reduce the workload in the telecommunications services. The Allocations Branch of the Policy and Telephone Number Portability Commission seeks comment on this Rules Division of the FCC’s Mass Media tentative conclusion and on the public Bureau by eliminating an apparent AGENCY: Federal Communications interest benefits of number portability. incentive to challenge agency approval Commission. Furthermore, the Commission of another station’s modification ACTION: Proposed rule. tentatively concludes that it should proposal. assume a leadership role in developing SUMMARY: The Commission adopted a a national number portability policy due 13. Legal Basis: The proposed action Notice of Proposed Rulemaking (Notice) to the impact on interstate is authorized under sections 4 and 303 seeking comment on a wide variety of telecommunications. It seeks comment of the Communications Act of 1934, as policy and technical issues concerning on this tentative conclusion and on the amended. 47 U.S.C. §§ 154, 303. the portability of telephone numbers. specific nature of the Commission’s 14. Reporting, Record-keeping and Number portability is the ability of end role. The Commission recognizes, Other Compliance Requirements: None. users to retain their telephone number however, that it has insufficient when they switch to a new service information on the costs (monetary and 15. Federal Rules which Overlap, provider, a new location, or a new nonmonetary) of making geographic Duplicate or Conflict with the Proposed service. Number portability provides telephone numbers portable either rule: None. consumers with greater personal between service providers, services, or 16. Description, Potential Impact and mobility and flexibility in the way they locations. Therefore, it seeks comment Number of Small Entities Involved: use telecommunications services, and it on: (1) The feasibility, limitations and Approximately 11,000 existing fosters competition among alternative costs of longer-term number portability television and radio broadcasters of all providers of local telephone and other solutions; (2) the feasibility, limitations, sizes may be affected by the proposals telecommunications services. Through and costs of interim number portability contained in this Notice. this Notice the Commission will measures; and (3) issues associated with examine the overall benefits, technical a transition to a permanent number 17. Any Significant Alternatives feasibility, and implementation costs of portability environment. Minimizing the Impact on Small number portability in various forms. Entities and Consistent with the Stated 1. Importance of Number Portability DATES: Comments must be received on Objectives: The proposals contained in or before September 12, 1995; reply 1. Service Provider Number this Notice do not impose additional comments must be received on or before Portability. In light of its tentative burdens on small entities. October 12, 1995. conclusions that the portability of geographic numbers benefits consumers 18. As required by Section 603 of the ADDRESSES: Comments and reply Regulatory Flexibility Act, the and would contribute to the comments must be filed with the Office development of competition among Commission has prepared an Initial of the Secretary, Federal alternative providers of local telephone Regulatory Flexibility Analysis (IRFA) Communications Commission, 1919 M services, the Commission identifies, and of the expected impact on small entities Street, NW., Washington, DC 20554; one seeks comment on, specific issues of the proposals suggested in this copy shall also be filed with the concerning the competitive impact of document. The IRFA is set forth above. Commission’s copy contractor, number portability. Written public comments are requested International Transcription Services, 2. The competitive importance of on the IRFA. These comments must be Inc. (ITS, Inc.), 2100 M Street, NW., service provider number portability filed in accordance with the same filing Suite 140, Washington, DC 20037 (202/ depends primarily on the value that deadlines as comments on the rest of the 857–3800). The complete text of this customers assign to their current Notice, but they must have a separate Notice is available for inspection and telephone numbers. When end users and distinct heading designating them copying during normal business hours attach a significant value to retaining as responses to the Initial Regulatory in the FCC Reference Center, 1919 M their telephone numbers while changing Flexibility Analysis. The Secretary shall Street, NW., Room 239, Washington, DC service providers, a lack of number send a copy of the Notice of Proposed 20554. portability likely would deter entry by Rule Making, including the Initial FOR FURTHER INFORMATION CONTACT: competitive providers of local services. Regulatory Flexibility Analysis, to the Matthew J. Harthun, (202) 418–1590 or Business customers, in particular, may Chief Counsel for Advocacy of the Small Carol E. Mattey, (202) 418–1580, Policy be reluctant to incur the administrative, Business Administration in accordance and Program Planning Division. marketing, and goodwill costs of Common Carrier Bureau. with paragraph 603(a) of the Regulatory changing telephone numbers. These Flexibility Act. Pub. L. No. 96–354, 94 disincentives to changing service SUPPLEMENTARY INFORMATION: providers may be mitigated, however, if Stat. 1164, 5 U.S.C. Section 601 et seq Synopsis of Notice of Proposed a significant number of customers (1981). Rulemaking change their telephone numbers for List of Subjects in 47 CFR Part 1 other reasons. Both residential and A. Portability for Geographic Telephone business customers change their Administrative practice and Numbers numbers for a variety of reasons; for procedure. The Commission tentatively example, customers move to areas Federal Communications Commission. concludes that the portability of served by different central offices. geographic telephone numbers benefits William F. Caton, Moreover, changes in area codes, such consumers by providing them greater as area code splits or overlays, create a Acting Secretary. personal mobility and flexibility in the certain level of number churn. [FR Doc. 95–18802 Filed 7–31–95; 8:45 am] use of telecommunications services and 3. The Commission asks commenting BILLING CODE 6712±01±M by contributing to the development of parties to provide studies, data, and Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39137 other information on the relative also seeks comment on what federal individual telecommunications importance of service provider number policy objectives would be served by customers. The Commission tentatively portability to the decisions of end users encouraging (or possibly mandating) conclude that it is within the when considering whether to take implementation of service portability, Commission’s jurisdiction to ensure that service from competing providers. It is and steps the Commission could take to the portability of telephone numbers particularly interested in assessing the encourage service portability. within the numbering system is handled importance of number portability 6. Location Portability. Today, efficiently and fairly. The Commission relative to other potential deterrents to telephone subscribers must change their also tentatively concludes that there is competitive entry into the provision of telephone numbers when they move a federal interest in this area because local services. Commenting parties also outside the area served by their current deployment of different number are invited to provide studies, data, and central office. Location portability portability solutions across the country other information on the extent to would enable subscribers to keep their would have a significant impact on the which situations, such as number telephone numbers when they move to provision of interstate churn, and other factors enable a new neighborhood, a nearby telecommunications services. Finally, competing providers of local telephone community, across the state, or even, the Commission tentatively concludes services to compete for customers potentially, across the country. The that it has a federal interest in fostering without service provider number Commission seeks comment on the the development of number portability portability. Further, the Commission extent to which there is demand for due to its interest in efficient use of the seeks specific information on whether location portability and the geographic numbering resource. different customer groups vary with area in which portability is desired by 9. The Commission recognizes that respect to the value they assign to consumers. What federal policy state regulators also have legitimate service provider number portability. objectives would be served by interests in the development of number 4. To the extent that wireless service encouraging (or possibly mandating) portability, and that they are conducting providers offer services in competition implementation of location portability, tests and deploying number portability with local telephone companies, a lack and how could such objectives be measures. While the Commission of service provider portability may attained? The Commission seeks encourages these tests because they will significantly hamper their ability to comment on the potential impact that provide empirical evidence and other compete efficiently to serve existing implementation of location portability relevant information, it notes that state customers of the incumbent wireline for wireline telephone number may requirements governing number service providers. Parties are asked to have on the development of the 500 portability should not thwart or impede provide comment, studies, data, and personal communications services national policies, such as other information on: (1) The market. Conversely, it seeks comment nondiscrimination and competitive competitive significance of service on the cross-elastic effects of the neutrality. The Commission seeks provider number portability for the availability of personal mobility services comment on areas where state and development of competition between offered through 500 and wireless federal policies on number portability wireline and wireless service providers; services on demand for location are likely to diverge or become and (2) the current, and estimated portability of wireline telephone inconsistent, and on the additional costs future, demand of wireless customers numbers. Finally, it seeks comment, associated with having different number for portable wireless telephone numbers studies, data, or other information on portability approaches on a state-by- when they change their service provider the extent to which end users are state basis or on a regional basis. Parties either to another wireless service requesting 800 numbers to obtain should address the need to develop a provider or to a wireline provider. The location portability. uniform solution to the provision of Commission previously sought number portability, and whether the 2. The Commission’s Role comment on certain ‘‘number deployment of different number transferability’’ issues in the Second 7. Currently, it appears unlikely that portability methods across the country CMRS Interconnection NPRM (60 FR market forces alone will drive the is in the public interest. 20949, at ¶ 94, n. 192). It noted there development and deployment of a 10. In the event the Commission that it might address those issues in this number portability solution. The concludes that number portability or in the CMRS Interconnection Commission seeks comment on whether should be implemented on a nationwide proceeding. there should be a regulatory mandate basis, what specific actions can and 5. Service Portability. The need for requiring the availability of number should it take to expedite such service portability arises when a portability measures for geographic implementation? For instance, should particular service is available only telephone numbers. Assuming market the Commission direct implementation through a particular switch. The same forces will push the development and of number portability by a date certain factors that inhibit customers from deployment of number portability, the and direct an industry group to develop changing number in order to change Commission seeks comment on whether a detailed implementation plan? service providers may also deter market forces are sufficient to promote Alternatively, should the Commission customers from taking new services. a nationwide, uniform development of adopt rules specifying how number The Commission seeks comment on the number portability absent such a portability shall be implemented? If it demand for service portability, and the regulatory mandate. mandates implementation of specific extent to which a lack of service 8. The Commission tentatively number portability measures, upon portability inhibits the growth of new concludes that it has a significant whom should this obligation fall, and services, such as integrated service interest in promoting the nationwide what is a realistic time frame in which digital network (ISDN). It seeks availability of number portability due to that mandate should become effective? comment, studies, data, and other the likely impact upon interstate 11. Finally, the Commission seeks information on the relative importance telecommunications. In the United comment on its appropriate role in of service portability to the decision of States, the same set of telephone establishing technical and performance end users when considering whether to numbers is used to route intrastate, and standards for number portability. switch from one service to another. It international telephone calls to Should it leave the establishment of 39138 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules number portability standards to telephone number to, for example, a 700 what has been learned from that industry organizations and standards- number. experience. setting bodies, and simply monitor the 14. The Commission seeks comment 17. Geographic Scope. The activities of these groups? Or, should it on the advantages and disadvantages of Commission seeks comment on whether direct industry bodies to resolve certain the MCI Metro, AT&T, Seattle, and GTE telephone numbers should be portable issues (technical or otherwise)? If so, proposals. It asks whether any of these within local calling areas, throughout a which issues should be designated for proposals provide a workable model for particular area code, state-wide, resolution by these groups, and to national implementation of number regionally, nationwide, or on some other which organizations should they be portability for geographic numbers and basis. What are the advantages and directed? Is it reasonable for the whether there are other workable disadvantages of each of these Commission to establish deadlines for proposals. alternatives, and what are the the resolution by industry of issues 15. The Commission tentatively implications of each for carriers and involving number portability? If so, concludes that a number portability their customers? For example, what parties should provide recommended environment should support operator changes would the different alternatives time frames. Alternatively, should the services and enhanced 911 services. It require for carrier billing systems? To Commission take a more active role in seeks comment on the extent to which what extent do varying approaches the development of such number the various proposals support these differently impact different types of portability standards? For example, services. The Commission also carriers, such as local exchange carriers should it develop, and mandate tentatively concludes that any number (LECs), new wireline carriers, and compliance with, particular number portability proposal should efficiently wireless carriers? 18. What is the geographic scope of portability standards, or should it use telephone numbers. It seeks the number portability trial in Seattle, establish non-binding standards or comment on the impact that each of the and what geographic scope is guidelines? proposals would have on the numbering contemplated in the proposals offered resource. 3. Longer-Term Number Portability by MCI Metro, AT&T and GTE? The Solutions 16. Call Processing Scenarios. The Commission seeks comment on whether Commission seeks comment on which these proposals could be used to 12. The Commission seeks comment of the following three call processing provide number portability on a on what longer-term number portability scenarios, or any alternative, would best nationwide basis without significant solution is in the public interest. For serve the public interest. The three network modifications. purposes of this section, the scenarios are: (1) The terminating 19 Architecture. The Commission Commission intends ‘‘number ‘‘access’’ provider (TAP) scenario, seeks comment on what database portability’’ to encompass service which places the burden of doing the architecture would best serve the public provider, service, and location database query on the terminating interest. To what extent is the database portability because a method for access provider; (2) the originating used to provide 800 number portability providing location portability likely will service provider (OSP) scenario, which a useful model? Is it technically feasible also enable customers to change service requires the originating service provider to deploy a single database to providers and services without changing to perform the database query and pass implement number portability on a their telephone numbers. The the information necessary to complete nationwide basis, or should a database Commission asks commenting parties to the routing of a call to subsequent solution be designed to use a number of draw upon relevant information carriers; and (3) the N–1 (‘‘N minus 1’’) distributed (that is, regional) databases? obtained through the various ongoing scenario, where the carrier immediately If the latter, in what geographic areas number portability trials. prior to the terminating service provider should such databases operate, and 13. Current Proposals. In response to performs the database query. The what are the advantages, disadvantages, the New York request for proposals Commission requests that commenters and relative costs of each approach? (RFP), MCI Metro (partnered with DSC discuss the different burdens that each 20. The Commission also seeks Communications, Northern Telecom, scenario would place on the relevant comment on the method for Tandem Computers, and Siemens carriers involved, any methods that administering and modifying the data Stromberg-Carlson) has proposed a would reduce the number of database contained in the database(s). Is it better database method that would enable end queries, the burden such scenarios to update and modify such data from a users within a particular geographic would place on current SS7 networks single, central location, or should that region (most likely a state) to retain their and next-generation system signaling process be initiated by different NXX code and line number if they networks, and the network sources? If a de-centralized system for change their local service provider. modifications such scenarios would updating the data is preferred, what AT&T has proposed to the Industry require. The Commission also requests processes will be required to ensure that Numbering Committee (INC) workshop that commenters address the impact that the data in different databases is a similar database method for providing any call processing scenario would have updated consistently and without service provider portability on a on transmission quality, call set-up discrepancies? The Commission also regional basis. The trial in Seattle, time, and any other relevant service seeks comment on the types of Washington is testing a method quality considerations. The Commission information the database(s) will need to developed by Stratus Computer and U.S seeks comment on how various call contain and who should be permitted Intelco—namely, a mapping scheme processing scenarios would operate access to such data. that uncouples the end user’s telephone under the proposals offered by MCI 21. Administration of the Database. number from its geographic location. Metro, AT&T, GTE, or any alternative, The Commission seeks comment on Finally, in the context of the INC and on whether certain proposals are who should own the database(s) used to number portability workshop, GTE has limited to specific call processing provide a longer-term number proposed to implement number scenarios. It also seeks comment on portability solution. Further, it seeks portability by requiring customers to which carrier, or carriers, perform the comment on how such a database (or change, on a one-time basis, their database query in the Seattle trial, and databases) should be maintained and Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39139 funded. The Commission seeks to comment and elaborate on the to implement a transition to location comment on the criteria that should be limitations and disadvantages of RCF, portability, including, but not limited used to evaluate potential flexible DID, and their derivatives. to, modifications to the carriers’ administrators of a number portability Further, the Commission asks networks, operating procedures (for database system and who should select commenting parties to discuss the example, billing and collection the administrator. Finally, the availability of these interim measures procedures), and dialing plans. Commission seeks comment on the and their effectiveness as an interim 30. In a location portability scope of responsibilities that should be substitute for a database number environment, the association between placed on the administrator or portability solution. Finally, parties telephone numbers and geographic administrators of such a database or should consider whether these interim locations will dissolve, and dialing databases. measures can be improved so that they parties may not be able to determine 22. Costs and Cost Recovery Issues. In are workable, long-term solutions, and if from the telephone number they dial the order to weigh the public interest so, at what cost. charge incurred by placing a telephone benefits of deploying a longer-term 26. Cost Recovery for Interim call. The Commission seeks comment number portability solution against the Measures. The Commission seeks on the impact that a transition to current interim measures, the comment on whether the costs of location portability would have on Commission must consider the costs interim number portability measures consumers, the network, service associated with designing, building, and should be recovered from the new local providers, and others. Are there ways to deploying such a longer-term solution. service providers, or their customers. provide dialing parties notification of The Commission requests comment, The Commission also seeks comment on the charge they will incur when they data, studies and other information on the amounts charged for these interim dial a particular number? What effect the estimated costs to design, build, and measures, whether such rates have a will location portability have on deploy a longer-term database solution. significant competitive impact, and operator services, director assistance, The Commission also seeks comment on whether reductions in such rates would enhanced services, the way carriers how these costs should be allocated make these measures more workable as determine rates for toll and interLATA between federal and state jurisdictions. long-term solutions. Finally, it asks calls, and billing systems? What impact Commenting parties should, to the parties to propose alternative ways to would location portability have on the extent possible, estimate both the total recover the costs of interim measures. current administration of the numbering cost of infrastructure necessary to resource? 5. The Transition From Interim deploy number portability and the long- 31. Public Interest of a Transition to Portability Measures term incremental cost of deploying Longer-Term Solution. To determine number portability, exclusive of other 27. It is not clear at this point whether what would best serve the public costs such as network equipment and the industry will move to a longer-term interest, the Commission seeks hardware and software upgrades that solution that provides only service comment comparing the relative costs would be incurred without provider number portability, or will and benefits associated with the current implementation of number portability. evolve to a location portability interim solutions to the costs and 23. The Commission also seeks environment. Commenting parties benefits associated with alternative comment on how and from whom the should identify any transitional issues longer-term solutions. In answering this costs of designing, building, deploying, that are unique to either environment question, parties are encouraged to and operating a database system should and the particular impacts that short- focus on the costs and benefits of the be recovered. If the Commission term choices may have on longer-term specific proposals currently being tested mandates that LECs implement number possibilities. in Seattle and developed by MCI Metro, portability, should they be allowed to 28. Transition to Service Provider AT&T, and GTE. Is it in the public treat these as exogenous costs, and Portability. The Commission seeks interest to require only that carriers thereby increase their rates? Parties comment on the estimated time frame to make available interim measures that should comment on whether the costs of design, build, and deploy a system that accommodate number portability and a database system should be shared would provide service provider not require the implementation of a between all carriers using the system. portability. Commenting parties should longer-term number portability Alternatively, should competing address the modifications that would be solution? The Commission also seeks providers of local telephone services necessary to implement a transition to comment on the additional costs that and their customers bear the costs of service provider portability, including, would be incurred, and the benefits that such a database system? but not limited to, modifications to the would be attained, by evolving to carriers’ networks, operating procedures location portability from an 4. Interim Number Portability Measures (for example, billing and collection intermediate step of service provider 24. To evaluate whether a transition procedures), and dialing plans. The portability. to a longer-term number portability Commission seeks comment on whether solution is in the public interest, the the ability to transfer wireless telephone B. Portability for Non-geographic Commission must understand what numbers between different service Telephone Numbers measures are currently available for providers (wireline and wireless) places 32. The Commission tentatively providing number portability. the same burden on the LECs and other concludes that service provider 25. The Commission seeks comment carriers as transferring wireline portability for 900 and 500 (PCS N00) on the costs, and offsetting benefits, of telephone numbers. numbers is beneficial for customers of implementing the interim number 29. Transition to Location Portability. those services. The Commission seeks portability measures, such as remote The Commission also seeks comment on comment on this tentative conclusion call forwarding (RCF), flexible direct the estimated time frame to design, and on the costs (monetary and inward dialing (DID), and their build, and deploy a system capable of nonmonetary) of making such derivatives. The Commission recognizes providing location portability. portability available. The term ‘‘PCS’’ is that RCF and flexible DID have Commenting parties should address the used here generically as ‘‘a set of significant limitations. Parties are asked modifications that would be necessary capabilities that allows some 39140 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules combination of personal mobility, what is a realistic schedule for 39. The Commission further seeks terminal mobility, and service profile implementation? comment on whether it should direct an management.’’ PCS N00 number industry group to proceed with the 2. 500 Service Provider Portability portability includes 500 number development of an implementation plan portability. The term ‘‘PCS’’ or 35. Presently, LECs provide 500 for PCS N00 service provider ‘‘personal communications services’’ as access by two methods: Switch-based portability. Assuming such a directive is used here is different from the term translation or database capabilities. The in the public interest, it seeks comment ‘‘personal communications services’’ as Commission seeks comment on the on what industry group (for example, defined in part 24 of the Commission’s extent to which LECs are using AIN Alliance for Telecommunications rules. (47 CFR 24.5). The Commission capabilities or database technology to Industry Solutions or the seeks to gather more information to provide 500 access, and on the impact Telecommunications Industry determine whether the public interest that PCS N00 service provider Association) should be selected to would be served by mandating portability would have on the LEC develop the detailed implementation portability for 900 and PCS N00 networks. The Commission also seeks plan for the database. Finally, the services, and it considers other issues comment on whether it is feasible (both Commission asks parties to comment on related to the implementation of such technically and economically) to the estimated implementation schedule number portability. provide PCS N00 service provider set forth in the PCS N00 Portability portability in a switched-based 33. The Commission seeks comment Report and to propose an alternative translation environment. schedule, if appropriate. on whether developing and deploying a 36. The Commission asks parties to method for providing number address the extent to which PCS N00 C. Procedural Matters portability for geographic telephone number portability will lower prices, 40. Ex Parte. This is a non-restricted numbers could, or should, include and thereby stimulate demand for PCS notice and comment rulemaking. Ex service provider number portability for N00 number services. Parties are asked parte presentations are permitted, non-geographic telephone numbers, to provide comment, studies, data, and except during the Sunshine period, such as 500 and 900 numbers. It is other information on the estimated costs provided they are disclosed as provided technically possible, and cost effective, of designing, building, and deploying a in the Commission’s rules. (47 CFR to use the same database method, and PCS N00 database, and the estimated 1.1202, 1.1203, and 1.1206(a)). possibly the same database, to provide costs of operating such a database. The 41. Regulatory Flexibility Act. As service provider portability for Commission seeks comment on whether required by section 603 of the geographic and service-specific (non- it is technically feasible to upgrade the Regulatory Flexibility Act, 5 U.S.C. 601 geographic) telephone numbers? existing 800 database and associated et seq. (1981), the Commission has Similarly, is it technically possible, and software to accommodate PCS N00 prepared an Initial Regulatory cost effective, to use the same database numbers, and if so, at what cost. Flexibility Analysis (IRFA) of the to provide service provider portability 37. On May 17, 1995, the INC expected impact on small entities for all types of non-geographic numbers, submitted a report to the Bureau that resulting from the policies and such as 800, 500, and 900 numbers, or sets forth alternative database proposals set forth in the Notice. The is it preferable to use separate databases architectures for such portability and an IRFA is contained in appendix A to the for each type of non-geographic estimated implementation schedule. See Notice. The Secretary shall cause a copy number? letter from Denny Byrne and Robert of the Notice, including the IRFA, to be 1. 900 Service Provider Portability Hirsch, Co-Chairs, INC, to Kathleen sent to the Chief Counsel for Advocacy M.H. Wallman, Chief, Common Carrier of the Small Business Administration in 34. The Commission seeks comment Bureau, FCC, dated May 17, 1995, accordance with section 603(a) of the on various issues relating to portability attaching INC Report on PCS N00 Regulatory Flexibility Act. of 900 numbers. The Commission asks Portability, INC 95–05212–010 (PCS 42. Notice and Comment. Notice is parties to address the extent to which N00 Portability Report)(incorporated given of the proposed changes in the 900 number portability will lower prices into the docket of this proceeding). The Commission’s policies regarding and thereby stimulate demand for 900 Commission seeks comment on the number portability. Comment is invited number services. Parties are asked to advantages, disadvantages, and relative on the proposals pursuant to sections 1, provide comment, studies, data, and costs of the proposed architectures and 4(i), 4(j), 201–205, 218, and 332 of the other information on the estimated cost call flow scenarios set forth in the PCS Communications Act as amended, 47 of designing, building, and deploying a N00 Portability Report. U.S.C. 151, 154(i), 154(j), 201–205, 218, 900 database, and the estimated costs of 38. The Commission tentatively and 332. To file formally in this operating such a database. Is it concludes that the owner/operator of proceeding, parties must file an original technically feasible to upgrade the the service management systems and four copies of all comments, reply existing 800 database and associated administering the PCS N00 database comments, and supporting comments. software to accommodate 900 numbers, should be a neutral third party. The Parties wanting each Commissioner to and if so, at what cost? Is advanced Commission seeks comment on the receive a personal copy of their intelligent network (AIN) a less costly tentative conclusion. The Commission comments must file an original plus way to implement 900 number also seeks comment on: (1) Who will be nine copies. Comments and reply portability? The Commission also seeks the owner/operator of the service comments should be sent to the Office comment on whether it should direct an management systems administering the of the Secretary, Federal industry group to develop an data contained in the PCS N00 database; Communications Commission, implementation plan for a 900 number (2) how will the owner/operator be Washington, DC 20554. In addition, portability database, and if so, to which selected; (3) how will the costs of parties should file two copies of any industry group should this task be providing PCS N00 number portability such pleadings with the Policy and referred. If the Commission decides to be recovered; and (4) by what date Program Planning Division, Common mandate implementation of service should PCS N00 number portability be Carrier Bureau, Room 544, 1919 M provider portability for 900 numbers, deployed. Street, NW., Washington, DC 20554. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39141 Parties should also file one copy of any ADDRESSES: Federal Communications Channel 285A, Premont, Texas, seeking documents filed in this docket with the Commission, Washington, DC 20554. In the substitution of Channel 264C3 for Commission’s copy contractor, addition to filing comments with the Channel 285A at Premont, Texas and International Transcription Service, Inc. FCC, interested parties should serve the modification of Station KMFM(FM)’s (ITS, Inc.), 2100 M Street, NW., Suite petitioner, or its counsel or consultant, license to reflect the non-adjacent 140, Washington, DC 20037 (202/857– as follows: John F. Garziglia, Esq., higher class channel. Channel 264C3 3800). Comments and reply comments Pepper & Corazzini, L.L.P., 1776 K can be allotted to Premont in will be available for pubic inspection Street NW., Suite 200, Washington, DC compliance with the Commission’s during regular business in the FCC 20006 (Counsel for Petitioner). minimum distance separation Reference Center, Room 239, 1919 M FOR FURTHER INFORMATION CONTACT: requirements with a site restriction of Street, NW., Washington, DC. Sharon P. McDonald, Mass Media 7.7 kilometers (4.8 miles) east in order to avoid a short spacing conflict with D. Ordering Clauses Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a the licensed site of Station KBDR(FM), 43. Accordingly, it is ordered that, synopsis of the Commission’s Notice of Channel 263C2, Mirando City, Texas. pursuant to the authority contained in Proposed Rule Making, MM Docket No. The coordinates for Channel 264C3 at sections 1, 4(i), 4(j), 201–205, 218, and 95–113, adopted July 7, 1995, and Premont are 27–21–35 and 98–02–45. 332 of the Communications Act as released July 26, 1995. The full text of Mexican concurrence will be requested amended, 47 U.S.C. 151, 154(i), 154(j), this Commission decision is available for this proposal. In addition, in the 201–205, 218, and 332, a notice of for inspection and copying during event that competing expressions of proposed rulemaking is hereby adopted. normal business hours in the FCC interest are received, we may not 44. It is further ordered that the Reference Center (Room 239), 1919 M modify petitioner’s authorization since Petition for Rulemaking filed by the Street NW., Washington, DC. The there are no additional Class C3 Teleservices Industry Association on complete text of this decision may also channels available for use by any other October 18, 1994, is granted. be purchased from the Commission’s interested parties. List of Subjects in 47 CFR Parts 61, 64, copy contractor, International DATES: Comments must be filed on or and 69 Transcription Services, Inc., (202) 857– before September 18, 1995, and reply 3800, 2100 M Street NW., Suite 140, comments on or before October 3, 1995. Communications common carriers, Washington, DC 20037. Telephone. ADDRESSES: Federal Communications Provisions of the Regulatory Commission, Washington, DC 20554. In Federal Communications Commissions. Flexibility Act of 1980 do not apply to addition to filing comments with the William F. Caton, this proceeding. FCC, interested parties should serve the Acting Secretary. Members of the public should note petitioner, or its counsel or consultant, [FR Doc. 95–18801 Filed 7–31–95; 8:45 am] that from the time a Notice of Proposed as follows: Barry D. Wood, Jones, BILLING CODE 6712±01±M Rule Making is issued until the matter Waldo, Holbrook & McDonough, 2300 M is no longer subject to Commission Street NW., Washington, DC 20037 consideration or court review, all ex (Counsel for petitioner). 47 CFR Part 73 parte contacts are prohibited in FOR FURTHER INFORMATION CONTACT: Pam Commission proceedings, such as this Blumenthal, Mass Media Bureau, (202) one, which involve channel allotments. [MM Docket No. 95±113; RM±8664] 418–2180. See 47 CFR 1.1204(b) for rules Radio Broadcasting Services; Salem, governing permissible ex parte contacts. SUPPLEMENTARY INFORMATION: This is a WV For information regarding proper synopsis of the Commission’s Notice of filing procedures for comments, see 47 Proposed Rule Making, MM Docket No. AGENCY: Federal Communications CFR 1.415 and 1.420. 95–120, adopted July 14, 1995, and Commission. released July 26, 1995. The full text of List of Subjects in 47 CFR Part 73 ACTION: Proposed rule. this Commission decision is available Radio broadcasting. for inspection and copying during SUMMARY: The Commission requests Federal Communications Commission. normal business hours in the FCC’s comments on a petition filed by Salem- Reference Center (Room 239), 1919 M Andrew J. Rhodes, Teikyo University proposing the Street NW., Washington, DC. The allotment of Channel 258A at Salem, Acting Chief, Allocations Branch, Policy and complete text of this decision may also Rules Division, Mass Media Bureau. West Virginia, as the community’s be purchased from the Commission’s second local FM transmission service. [FR Doc. 95–18792 Filed 7–31–95; 8:45 am] copy contractor, ITS, Inc., (202) 857– Channel 258A can be allotted to Salem BILLING CODE 6712±01±F 3800, 2100 M Street NW., Suite 140, in compliance with the Commission’s Washington, DC 20037. minimum distance separation 47 CFR Part 73 Provisions of the Regulatory requirements at city reference Flexibility Act of 1980 do not apply to coordinates. The coordinates for [MM Docket No. 95±120, RM±8650] this proceeding. Channel 258A at Salem are North Members of the public should note Latitude 39–17–00 and West Longitude Radio Broadcasting Services; that from the time a Notice of Proposed 80–34–00. Since Salem is located within Premont, TX Rule Making is issued until the matter 320 kilometers (200 miles) of the U.S.- AGENCY: Federal Communications is no longer subject to Commission Canadian border, concurrence of the Commission. consideration or court review, all ex Canadian government has been ACTION: Proposed rule. parte contacts are prohibited in requested. Commission proceedings, such as this DATES: Comments must be filed on or SUMMARY: The Commission requests one, which involve channel allotments. before September 18, 1995 and reply comments on a petition by Paulino See 47 CFR 1.1204(b) for rules comments on or before October 3, 1995. Bernal, licensee of Station KMFM(M), governing permissible ex parte contacts. 39142 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules For information regarding proper 3800, 2100 M Street NW., Suite 140, SUPPLEMENTARY INFORMATION: This is a filing procedures for comments, see 47 Washington, DC 20037. synopsis of the Commission’s Notice of CFR 1.415 and 1.420. Provisions of the Regulatory Proposed Rule Making, MM Docket No. Flexibility Act of 1980 do not apply to 95–114, adopted July 10, 1995, and List of Subjects in 47 CFR Part 73 this proceeding. released July 26, 1995. The full text of Radio broadcasting. Members of the public should note this Commission decision is available Federal Communications Commission. that from the time a Notice of Proposed for inspection and copying during Andrew J. Rhodes, Rule Making is issued until the matter normal business hours in the FCC Acting Chief, Allocations Branch, Policy and is no longer subject to Commission Reference Center (Room 239), 1919 M Rules Division, Mass Media Bureau. consideration or court review, all ex Street NW., Washington, DC. The [FR Doc. 95–18794 Filed 7–31–95; 8:45 am] parte contacts are prohibited in complete text of this decision may also BILLING CODE 6712±01±F Commission proceedings, such as this be purchased from the Commission’s one, which involve channel allotments. copy contractor, International See 47 CFR 1.1204(b) for rules Transcription Services, Inc., (202) 857– 47 CFR Part 73 governing permissible ex parte contacts. 3800, 2100 M Street NW., Suite 140, For information regarding proper Washington, DC 20037. [MM Docket No. 95±122, RM±8668] filing procedures for comments, see 47 Provisions of the Regulatory Radio Broadcasting Services; CFR 1.415 and 1.420. Flexibility Act of 1980 do not apply to this proceeding. Lexington, TN List of Subjects in 47 CFR Part 73 Members of the public should note AGENCY: Federal Communications Radio broadcasting. that from the time a Notice of Proposed Commission. Federal Communications Commission. Rule Making is issued until the matter ACTION: Proposed rule. Andrew J. Rhodes, is no longer subject to Commission Acting Chief, Allocations Branch, Policy and consideration or court review, all ex SUMMARY: The Commission requests parte contacts are prohibited in comments on a petition by Floriplex, Rules Division, Mass Media Bureau. [FR Doc. 95–18796 Filed 7–31–95; 8:45 am] Commission proceedings, such as this Inc., proposing the allotment of Channel one, which involve channel allotments. BILLING CODE 6712±01±F 243A to Lexington, Tennessee, as the See 47 CFR 1.1204(b) for rules community’s second commercial FM governing permissible ex parte contacts. service. Channel 243A can be allotted to 47 CFR Part 73 For information regarding proper Lexington in compliance with the filing procedures for comments, see 47 Commission’s minimum distance [MM Docket No. 95±114, RM±8666] CFR 1.415 and 1.420. separation requirements with a site List of Subjects in 47 CFR Part 73 restriction of 9.1 kilometers (5.6 miles) Radio Broadcasting Services; Raton, northeast in order to avoid a short- NM Radio broadcasting. spacing conflict with the licensed site of Federal Communications Commission. Station WMOD(FM), Channel 244A, AGENCY: Federal Communications Bolivar, Tennessee. The coordinates for Commission. Andrew J. Rhodes, Acting Chief, Allocations Branch, Policy and Channel 243A at Lexington are 35–43– ACTION: Proposed rule. 33 and 88–21–13. Rules Division, Mass Media Bureau. [FR Doc. 95–18793 Filed 7–31–95; 8:45 am] DATES: Comments must be filed on or SUMMARY: The Commission requests before September 18, 1995, and reply comments on a petition filed by N’Joy BILLING CODE 6712±01±F comments on or before October 3, 1995. Broadcasting seeking the allotment of Channel 243A to Raton, NM, as the ADDRESSES: Federal Communications 47 CFR Part 73 Commission, Washington, DC 20554. In community’s second local FM service. addition to filing comments with the Channel 243A can be allotted to Raton [MM Docket No. 95±112, RM±8663] FCC, interested parties should serve the in compliance with the Commission’s petitioner, or its counsel or consultant, minimum distance separation Radio Broadcasting Services; as follows: Dennis . Corbett, Leventhal, requirements without the imposition of Lordsburg, NM Senter & Lerman, Suite 600, a site restriction, at coordinates 36–54– 00 North Latitude and 104–24–00 West AGENCY: Federal Communications Washington, DC 10006–1809 (Counsel Commission. for petitioner). Longitude. ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Pam DATES: Comments must be filed on or Blumenthal, Mass Media Bureau, (202) before September 18, 1995, and reply SUMMARY: The Commission requests 418–2180. comments on or before October 3, 1995. comments on a petition filed by SUPPLEMENTARY INFORMATION: This is a ADDRESSES: Federal Communications Hildalgo County Broadcasters to allot synopsis of the Commission’s Notice of Commission, Washington, DC 20554. In Channel 279C3 to Lordsburg, NM, as the Proposed Rule Making, MM Docket No. addition to filing comments with the community’s second local FM service. 95–122, adopted July 18, 1995, and FCC, interested parties should serve the Channel 279C3 can be allotted to released July 26, 1995. The full text of petitioner, or its counsel or consultant, Lordsburg in compliance with the this Commission decision is available as follows: Mary Alice Rateau, 8264 Commission’s minimum distance for inspection and copying during South Cody, Littleton, CO 80123 separation requirements without the normal business hours in the FCC’s (Petitioner) and Larry G. Fuss, P.O. Box imposition of a site restriction, at Reference Center (Room 239), 1919 M 1787, Cleveland, MS 38732 (Consultant coordinates 32–20–48; 108–42–36. Street NW., Washington, DC. The to petitioner). Mexican concurrence in the allotment is complete text of this decision may also FOR FURTHER INFORMATION CONTACT: required since Lordsburg is located be purchased from the Commission’s Leslie K. Shapiro, Mass Media Bureau, within 320 kilometers (199 miles) of the copy contractor, ITS, Inc., (202) 857– (202) 418–2180. U.S.-Mexican border. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39143 DATES: Comments must be filed on or SUMMARY: This document requests Federal Communications Commission. before September 18, 1995, and reply comments on a petition filed by WMS1, Andrew J. Rhodes, comments on or before October 3, 1995. Inc., requesting the allotment of Acting Chief, Allocations Branch, Policy and ADDRESSES: Federal Communications Channel 241A to Athens, Illinois, as that Rules Division, Mass Media Bureau. Commission, Washington, DC 20554. In community’s first local transmission [FR Doc. 95–18800 Filed 7–31–95; 8:45 am] addition to filing comments with the service. Channel 241A can be allotted to BILLING CODE 6712±01±F FCC, interested parties should serve the Athens in compliance with the petitioner, or its counsel or consultant, Commission’s minimum distance as follows: Mark N. Lipp, Esq., Mullin, separation requirements with a site INTERSTATE COMMERCE Rhyne, Emmons and Topel, P.C., 1225 restriction of 7.4 kilometers (4.6 miles) COMMISSION Connecticut Avenue NW., Suite 300, southwest, in order to avoid a short- Washington, DC 20036 (Counsel to spacing to the licensed sites of Station 49 CFR Part 1312 petitioner). WHOW(FM), Channel 240A, Clinton, FOR FURTHER INFORMATION CONTACT: Illinois, and Station KMXG(FM), [Ex Parte No. MC±220] Leslie K. Shapiro, Mass Media Bureau, Channel 241C1, Clinton, Iowa. The (202) 418–2180. coordinates for Channel 241A at Athens, The Municipality of Anchorage, AKÐ SUPPLEMENTARY INFORMATION: This is a Illinois are North Latitude 39–53–57 Notices for Rate Increases for Alaska synopsis of the Commission’s Notice of and West Longitude 89–46–04. Intermodal Motor/Water TrafficÐ Proposed Rule Making, MM Docket No. DATES: Comments must be filed on or Petition for Rulemaking 95–112, adopted July 10, 1995, and before September 18, 1995, and reply AGENCY: Interstate Commerce released July 26, 1995. The full text of comments on or before October 3, 1995. Commission. this Commission decision is available ADDRESSES: Federal Communications ACTION: Proposed rule. for inspection and copying during Commission, Washington, DC 20554. In normal business hours in the FCC addition to filing comments with the SUMMARY: The Commission is proposing Reference Center (Room 239), 1919 M FCC, interested parties should serve the a change in its regulations to require Street NW., Washington, DC. The petitioner, or its counsel or consultant, carriers filing new short-notice complete text of this decision may also as follows: Larry Williams, WMS1, Inc., publications generally to send the be purchased from the Commission’s 2901 S. Holmes, Springfield, Illinois filings to the subscriber not later than copy contractor, International 62704. the time the copies for official filing are Transcription Services, Inc., (202) 857– FOR FURTHER INFORMATION CONTACT: sent to the Commission. This change 3800, 2100 M Street NW., Suite 140, Nancy J. Walls, Mass Media Bureau, will give subscribers more time to Washington, DC 20037. (202) 418–2180. consider the short-notice publications. Provisions of the Regulatory SUPPLEMENTARY INFORMATION: Flexibility Act of 1980 do not apply to This is a DATES: Written comments must be filed this proceeding. synopsis of the Commission’s Notice of with the Commission by August 31, Members of the public should note Proposed Rule Making, MM Docket No. 1995. that from the time a Notice of Proposed 95–111, adopted July 5, 1995, and ADDRESSES: Send an original and 10 Rule Making is issued until the matter released July 26, 1995. The full text of copies of pleadings referring to Ex Parte is no longer subject to Commission this Commission decision is available No. MC–220 to: (1) Office of the consideration or court review, all ex for inspection and copying during Secretary, Case Control Branch, parte contacts are prohibited in normal business hours in the FCC Interstate Commerce Commission, 1201 Commission proceedings, such as this Reference Center (Room 239), 1919 M Constitution Ave., N.W., Washington, one, which involve channel allotments. Street NW., Washington, DC. The DC 20423; and (2) Petitioner’s See 47 CFR 1.1204(b) for rules complete text of this decision may also representative: William P. Jackson, governing permissible ex parte contacts. be purchased from the Commission’s Jackson & Jessup, P.C., Post Office Box For information regarding proper copy contractors, International 1240, Arlington, VA 22210–0540. Transcription Service, Inc., (202) 857– filing procedures for comments, see 47 FOR FURTHER INFORMATION CONTACT: 3800, 1919 M Street, NW., Room 246, or CFR 1.415 and 1.420. Joseph H. Dettmar, (202) 927–5660. 2100 M Street NW., Suite 140, [TDD for the hearing impaired: (202) List of Subjects in 47 CFR Part 73 Washington, DC 20037. 927–5721.] Radio broadcasting. Provisions of the Regulatory Flexibility Act of l980 do not apply to SUPPLEMENTARY INFORMATION: The Federal Communications Commission. Commission is instituting a rulemaking Andrew J. Rhodes, this proceeding. Members of the public should note proceeding in response to a petition Acting Chief, Allocations Branch, Policy and filed May 25, 1994, by the municipality Rules Division, Mass Media Bureau. that from the time a Notice of Proposed Rule Making is issued until the matter of Anchorage, AK. Petitioner requested [FR Doc. 95–18795 Filed 7–31–95; 8:45 am] is no longer subject to Commission new regulations that would facilitate BILLING CODE 6712±01±F consideration or court review, all ex challenges to short-notice rate increase parte contacts are prohibited in publications for intermodal motor/water service to and from Alaska. The 47 CFR Part 73 Commission proceedings, such as this one, which involve channel allotments. Commission is proposing to require that [MM Docket No. 95±111, RM±8652] See 47 CFR 1.1204(b) for rules all short-notice publications—including governing permissible ex parte contacts. (1) short-notice publications not Radio Broadcasting Services; Athens, For information regarding proper involving the intermodal Alaska trade; IL filing procedures for comments, see 47 and (2) rate decreases as well as AGENCY: Federal Communications CFR 1.415 and 1.420. increases—be sent to subscribers on the Commission. date the publications are sent to the List of Subjects in 47 CFR Part 73 Commission for filing. The full text of ACTION: Proposed rule. Radio broadcasting. the regulation is set forth below. 39144 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules Additional information is contained PART 1312ÐREGULATIONS FOR THE impose additional management in the Commission’s decision. To obtain PUBLICATION, POSTING AND FILING measures, the Council may recommend a copy of the full decision, write to, call, OF TARIFFS, SCHEDULES AND a rulemaking to do so. Possible or pick up in person from: Dynamic RELATED DOCUMENTS OF MOTOR, measures include the establishment of a Concepts, Inc., Interstate Commerce PIPELINE AND WATER CARRIERS, limited entry program for the sablefish Commission Building, 1201 AND HOUSEHOLD GOODS FREIGHT fishery through the establishment of a Constitution Avenue, N.W., Room 2209, FORWARDERS sablefish endorsement for nontrawl limited entry ‘‘A’’ permits to control Washington, DC 20423. Telephone: 1. The authority citation for part 1312 (202) 927–7428. [Assistance for the participation or effort in the nontrawl continues to read as follows: sablefish fishery. If a limited entry hearing impaired is available through program is established, the Council is TDD services (202) 927–5721.] Authority: 5 U.S.C. 553; 49 U.S.C. 10321, 10762, and 10767. considering June 29, 1995, as a possible Regulatory Flexibility Analysis 2. Section 1312.6, paragraph (b)(2) is control date. Consideration of a control date is intended to discourage new entry We certify that the proposed proposed to be revised to read as follows: by nontrawl ‘‘A’’ permit holders into the regulation will not have a significant sablefish fishery based on economic economic impact on a substantial § 1312.6 Furnishing copies of tariff speculation during the Council’s number of small entities within the publications. deliberation on the issues. Persons meaning of the Regulatory Flexibility * * * * * interested in the limited entry sablefish Act (5 U.S.C. 601, et seq.). The proposed (b) * * * fishery should contact the Council to rule directly affects only the mailing (2) Newly-issued tariffs, supplements, stay up to date on the management date for notification. Although it may, in or loose-leaf pages, including short- direction in the fishery. a minor way, facilitate the ability of notice publications, shall be sent to each DATES: Comments must be submitted by small businesses to challenge rate subscriber not later than the time the August 31, 1995. changes, the effect of the proposed rule, copies for official filing are sent to the ADDRESSES: Comments should be if adopted, will not be significant. Commission, except that with the directed to the Pacific Fishery Nevertheless, we welcome any advance, written permission of the Management Council, 2130 SW Fifth comments regarding the effect of the subscriber, any publication may be sent Avenue, Suite 224, Portland, OR 97201. proposal on small entities. not later than 5 working days after the FOR FURTHER INFORMATION CONTACT: time the copies are sent to the William L. Robinson 206–526–6140; or Environmental and Energy Commission. Rodney R. McInnis 310–980–4040. Considerations * * * * * SUPPLEMENTARY INFORMATION: The The proposed rule will not [FR Doc. 95–18825 Filed 7–31–95; 8:45 am] Fishery Management Plan (FMP) for significantly affect either the quality of BILLING CODE 7035±01±P Pacific groundfish was approved on the human environment or the January 4, 1982 (47 FR 43964; October conservation of energy resources. We 5, 1982), and implementing regulations appear at 50 CFR parts 611 and 663. On preliminarily conclude that, if we DEPARTMENT OF COMMERCE November 16, 1992, NMFS published subsequently adopt the proposed rule, National Oceanic and Atmospheric final regulations implementing an environmental assessment would not Administration Amendment 6 to the Pacific groundfish be necessary under our regulations FMP (57 FR 54001), codified at 50 CFR because the proposed action would not 50 CFR Part 663 part 663, subpart C. Amendment 6 and result in any changes in carrier [Docket No. 950209046±5191±04; I.D. its implementing regulations establish a operations. See 49 CFR 1105.6(c)(2). 071495A] license limitation limited entry program Nevertheless, we invite comments on for the commercial groundfish fishery the environmental and energy impacts RIN 0648±AG82 based on the issuance of gear-specific of the proposal. Pacific Coast Groundfish Fisheries; Federal limited entry permits. Limited List of Subjects in 49 CFR Part 1312 Control Date entry permits are endorsed for one or more of three gear types (trawl, longline, Household goods freight forwarders, AGENCY: National Marine Fisheries and trap (or pot)). A vessel meeting Motor carriers, Moving of household Service (NMFS), National Oceanic and specific minimum landing requirements goods, Pipelines, Tariffs, Water carriers. Atmospheric Administration (NOAA), with a particular gear during the Commerce. qualifying ‘‘window period’’ (July 11, Decided: July 13, 1995. ACTION: Advance notice of proposed 1984, through August 1, 1988) received By the Commission, Chairman Morgan, rulemaking; consideration of a control a transferable permit with an ‘‘A’’ Vice Chairman Owen, and Commissioners date. endorsements for that gear. Simmons and McDonald. Amendment 6 also divides the Pacific Vernon A. Williams, SUMMARY: This notice announces that Coast commercial groundfish fishery Secretary. the Pacific Fishery Management Council into two segments. The first segment is (Council) is considering whether there the limited entry fishery, consisting of For the reasons set forth in the is a need to impose additional vessels with limited entry permits preamble, title 49, chapter X, part 1312 management measures to further limit endorsed for longline and/or trap (or is proposed to be amended as follows: harvest capacity in the nontrawl limited pot) gear and all vessels using trawl entry fishery for sablefish in the Pacific gear. The second segment is the open groundfish fishery in the exclusive access fishery, consisting of vessels economic zone (EEZ) off the States of using all other gear, as well as vessels Washington, Oregon, and California. If it that do not have limited entry permits is determined that there is a need to endorsed for use of longline or trap (or Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39145 pot) gear, but that make small landings periods, equal shares or cumulative trip not be assured of future participation in with longline or trap (or pot) gear. limits, associating trip limits with the fishery if a management regime is The annual sablefish harvest permits and allowing use of more than developed and implemented that limits guideline, after deductions for treaty one permit on a vessel, split seasons, the number of participants in the Indian harvest and allocation to the and area management. The Council has fishery. open access fishery, is divided between previously considered individual Consideration of a control date does the limited entry trawl fishery (58 transferable quota (ITQ) options, but has not commit the Council or NMFS to any percent) and the limited entry longline/ delayed, indefinitely, further particular management regime or fish trap (or pot) fishery (42 percent), consideration pending changes to the criteria for entry into the sablefish which is called the nontrawl fishery. Magnuson Act. fishery. Fishermen are not guaranteed The regular sablefish fishing season for Implementation of any management future participation in the sablefish nontrawl vessels with limited entry measures for the fishery may require fishery, regardless of their date of entry permits has been progressively shorter preparation by the Council of an or intensity of participation in the each year for the past several years as a amendment to either or both the Pacific fishery before or after the control date result of shrinking harvest guidelines groundfish FMP or its implementing under consideration. The Council may and increased fishing effort. regulations. The Council will discuss subsequently choose a different control Competition for the limited resource has these issues at its date, or it may choose a management reached critical levels, and the Council August 1995 meeting in San regime that does not make use of such has considered several approaches to Francisco, CA. In either event, a date. For example, on February 5, addressing the major problems. The publication of a proposed rule with a 1992 (57 FR 4394), NMFS published in 1995 season is expected to be the public comment period, NMFS’ the Federal Register a notice of control shortest on record, approximately 7 approval of the rule or FMP date informing fishermen that a vessel days. Despite the fact that the number amendment, and publication of a final or individual entering the Pacific of nontrawl limited entry ‘‘A’’ licenses rule would be required. groundfish or Pacific halibut fisheries is limited to 237, only 131 landed As the Council considers management off the States of Washington, Oregon, sablefish during 1994, leaving an options, some permit holders who do and California, may be assigned a lesser additional 106 permits that represent not currently harvest sablefish with priority for issuance and shares of ITQ latent effort that potentially could limited entry gear, and have never done shares in a potential ITQ-based limited participate in future sablefish harvests. so, may decide to enter the fishery for access system. The Council may choose In June 1995, the Council held a the sole purpose of establishing a record to give variably weighted consideration scoping meeting to solicit input from of making commercial landings of to fishermen in the fishery before and the industry and the public on future sablefish. When management authorities after the control date. Other qualifying management of the nontrawl fisheries. begin to consider limited access criteria, such as documentation of Based on the results of the meeting, the management regimes, this kind of commercial landings and sales, may be Council is beginning the development of speculative entry often is responsible for applied for entry. The Council may management options for the fishery. The a rapid increase in fishing effort in choose also to take no further action to range of options the Council will fisheries that are already fully control entry or access to the sablefish consider includes, but is not limited to, developed or overdeveloped. The fishery, in which case the control date limiting participation in the sablefish original fishery problems, such as may be rescinded. fishery only to those permit holders overcapitalization or overfishing, may Authority: 16 U.S.C. 1801 et seq. with a past history of sablefish landings, be exacerbated by the entry of new differential cumulative trip limits based participants. If management measures to Dated: July 27, 1995. on fishermen receiving ‘‘points’’ for limit participation or effort in the Richard B. Stone, meeting certain qualifying criteria, a fishery are determined to be necessary, Acting Assistant Administrator for Fisheries, two-tier system of cumulative trip limits the Council is considering June 29, National Marine Fisheries Service. based on historical sablefish landings 1995, as the control date. Anyone [FR Doc. 95–18832 Filed 7–27–95; 3:08 pm] during particular qualifying time entering the fishery after that date may BILLING CODE 3510±22±F 39146 Notices Federal Register Vol. 60, No. 147 Tuesday, August 1, 1995 This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Dr. and the Agrobacterium tumefaciens contains documents other than rules or Keith Reding, Biotechnologist, transcript 7 (Tr 7) 3’ regulatory region. proposed rules that are applicable to the Biotechnology Permits, BBEP, APHIS, Dekalb’s corn line B16 is currently public. Notices of hearings and investigations, Suite 5B05, 4700 River Road, Unit 147, considered a regulated article under the committee meetings, agency decisions and Riverdale, MD 20737–1237; (301) 734– regulations in 7 CFR part 340 because it rulings, delegations of authority, filing of petitions and applications and agency 7612. To obtain a copy of the petition, contains gene sequences derived from statements of organization and functions are contact Ms. Kay Peterson at (301) 734– plant pathogenic sources. The subject examples of documents appearing in this 7601. corn line has been evaluated in field section. SUPPLEMENTARY INFORMATION: The trials conducted since 1991 under regulations in 7 CFR part 340, APHIS permits or notifications. In the ‘‘Introduction of Organisms and process of reviewing the applications for DEPARTMENT OF AGRICULTURE Products Altered or Produced Through field trials of the subject corn, APHIS Genetic Engineering Which Are Plant determined that the vectors and other Animal and Plant Health Inspection Pests or Which There Is Reason to elements were disarmed and that the Service Believe Are Plant Pests,’’ regulate, trials, which were conducted under [Docket No. 95±059±1] among other things, the introduction conditions of reproductive and physical (importation, interstate movement, or containment or isolation, would not Receipt of Petition for Determination of release into the environment) of present a risk of plant pest introduction Nonregulated Status for Genetically organisms and products altered or or dissemination. Engineered Corn produced through genetic engineering In the Federal Plant Pest Act, as that are plant pests or that there is amended (7 U.S.C. 150aa et seq.), ‘‘plant AGENCY: Animal and Plant Health reason to believe are plant pests. Such pest’’ is defined as ‘‘any living stage of: Inspection Service, USDA. genetically engineered organisms and Any insects, mites, nematodes, slugs, ACTION: Notice. products are considered ‘‘regulated snails, protozoa, or other invertebrate articles.’’ animals, bacteria, fungi, other parasitic SUMMARY: We are advising the public The regulations in § 340.6(a) provide plants or reproductive parts thereof, that the Animal and Plant Health that any person may submit a petition viruses, or any organisms similar to or Inspection Service has received a to the Animal and Plant Health allied with any of the foregoing, or any petition from the Dekalb Genetics Inspection Service (APHIS) seeking a infectious substances, which can Corporation seeking a determination of determination that an article should not directly or indirectly injure or cause nonregulated status for a corn line be regulated under 7 CFR part 340. disease or damage in any plants or parts designated as B16 that has been Paragraphs (b) and (c) of § 340.6 thereof, or any processed, manufactured genetically engineered for tolerance to describe the form that a petition for or other products of plants.’’ APHIS the herbicide glufosinate. The petition determination of nonregulated status views this definition very broadly. The has been submitted in accordance with must take and the information that must definition covers direct or indirect our regulations concerning the be included in the petition. injury, disease, or damage not just to introduction of certain genetically On May 25, 1995, APHIS received a agricultural crops, but also to plants in engineered organisms and products. In petition (APHIS Petition No. 95–145– general, for example, native species, as accordance with those regulations, we 01p) from the Dekalb Genetics well as to organisms that may be are soliciting public comments on Corporation (Dekalb) of Mystic, CT, beneficial to plants, for example, whether this corn line presents a plant requesting a determination of honeybees, rhizobia, etc. pest risk. nonregulated status under 7 CFR part This genetically engineered corn line DATES: Written comments must be 340 for a glufosinate tolerant corn line is also currently subject to regulation by received on or before October 2, 1995. designated as B16. The Dekalb petition other agencies. The U.S. Environmental ADDRESSES: Please send an original and states that the subject corn line should Protection Agency (EPA) is responsible three copies of your comments to not be regulated by APHIS because it for the regulation of pesticides under Docket No. 95–059–1, Regulatory does not present a plant pest risk. the Federal Insecticide, Fungicide, and Analysis and Development, PPD, As described in the petition, corn line Rodenticide Act (FIFRA), as amended (7 APHIS, Suite 3C03, 4700 River Road B16 has been genetically engineered U.S.C. 136 et seq.). FIFRA requires that Unit 118, Riverdale, MD 20737–1238. with the bar gene isolated from all pesticides, including herbicides, be Please state that your comments refer to Streptomyces hygroscopicus that registered prior to distribution or sale, Docket No. 95–059–1. A copy of the encodes a phosphinothricin unless exempt by EPA regulation. Plants petition and any comments received acetyltransferase (PAT) enzyme, which, that have been genetically modified for may be inspected at USDA, room 1141, when introduced into a plant cell, tolerance or resistance to herbicides are South Building, 14th Street and inactivates glufosinate, also known as not regulated under the FIFRA because Independence Avenue SW., phosphinothricin, the active ingredient the plants themselves are not Washington, DC, between 8 a.m. and in the herbicide Liberty. The bar gene considered pesticides. 4:30 p.m., Monday through Friday, was introduced into the subject corn In cases in which the genetically except holidays. Persons wishing access line by microprojectile bombardment modified plants allow for a new use of to that room to inspect the petition or and its expression is under the control an herbicide or involve a different use comments are asked to call in advance of the 35S promoter derived from the pattern for the herbicide, the EPA must of visiting at (202) 690–2817. plant pathogen cauliflower mosaic virus approve the new or different use. In Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39147 conducting such an approval, the EPA Done in Washington, DC, this 24th day of services in a specified area after considers the possibility of adverse July 1995. determining that the applicant is better effects to human health and the Lonnie J. King, able than any other applicant to provide environment from the use of this Administrator, Animal and Plant Health such official services. herbicide. When the use of the herbicide Inspection Service. GIPSA designated Alton, main office on the genetically modified plant would [FR Doc. 95–18777 Filed 7–31–95; 8:45 am] located in Florissant, Missouri, to result in an increase in the residues of BILLING CODE 3410±34±P provide official inspection services the herbicide in a food or feed crop for under the Act on April 1, 1993; Columbus, main office located in which the herbicide is currently Grain Inspection, Packers and Circleville, Ohio, to provide official registered, or in new residues in a crop Stockyards Administration inspection services under the Act on for which the herbicide is not currently March 1, 1993; and Farwell, main office registered, establishment of a new Opportunity for Designation in the located in Farwell, Texas, to provide tolerance or a revision of the existing Alton (IL), Columbus (OH), and Farwell official inspection services under the tolerance would be required. Residue (TX) Areas Act on February 1, 1993. tolerances for pesticides are established AGENCY: Grain Inspection, Packers and Section 7(g)(1) of the Act provides by the EPA under the Federal Food, Stockyards Administration (GIPSA). that designations of official agencies Drug and Cosmetic Act (FFDCA) (21 shall end not later than triennially and ACTION: Notice. U.S.C. 201 et seq.), and the Food and may be renewed according to the Drug Administration (FDA) enforces SUMMARY: The United States Grain criteria and procedures prescribed in tolerances set by the EPA under the Standards Act, as amended (Act), Section 7(f) of the Act. The designation FFDCA. provides that official agency of Alton ends on March 31, 1996. The The FDA published a statement of designations will end not later than designation of Columbus ends on policy on foods derived from new plant triennially and may be renewed. The February 28, 1996, and the designation varieties in the Federal Register on May designation of Alton Grain Inspection of Farwell ends on January 31, 1996. The geographic area presently assigned 29, 1992 (57 FR 22984–23005). The FDA Department (Alton), will end March 31, to Alton, in the State of Illinois, statement of policy includes a 1996; the designation of Columbus pursuant to Section 7(f)(2) of the Act, discussion of the FDA’s authority for Grain Inspection, Inc. (Columbus), will end February 28, 1996; and the which may be assigned to the applicant ensuring food safety under the FFDCA, designation of Farwell Grain Inspection, selected for designation is as follows: and provides guidance to industry on Inc. (Farwell), will end January 31, Calhoun, Jersey, and Madison (West the scientific considerations associated 1996, according to the Act, and GIPSA of State Route 4 and North of Interstate with the development of foods derived is asking persons interested in providing 70 and 270) Counties. from new plant varieties, including official services in the Alton, Columbus, The geographic area presently those plants developed through the and Farwell areas to submit an assigned to Columbus, in the States of techniques of genetic engineering. application for designation. Ohio and Michigan, pursuant to Section In accordance with § 340.6(d) of the DATES: Applications must be 7(f)(2) of the Act, which may be regulations, we are publishing this postmarked or sent by telecopier (FAX) assigned to the applicant selected for notice to inform the public that APHIS on or before August 30, 1995. designation is as follows: In Ohio: will accept written comments regarding ADDRESSES: Applications must be Bounded on the North by the northern the Petition for Determination of submitted to Janet M. Hart, Chief, Lucas County line east to Lake Erie; the Nonregulated Status from any interested Review Branch, Compliance Division, Lake Erie shoreline east to the Ohio- person for a period of 60 days from the GIPSA, USDA, Room 1647 South Pennsylvania State line; date of this notice. The petition and any Building, P.O. Box 96454, Washington, Bounded on the East by the Ohio- comments received are available for DC 20090–6454. Telecopier (FAX) users Pennsylvania State line south to the public review, and copies of the petition may send applications to the automatic Ohio River; may be ordered (see the ADDRESSES telecopier machine at 202–690–2755, Bounded on the South by the Ohio section of this notice). attention: Janet M. Hart. If an River south-southwest to the western application is submitted by telecopier, After the comment period closes, Scioto County line; and GIPSA reserves the right to request an Bounded on the West by the western APHIS will review the data submitted original application. All applications Scioto County line north to State Route by the petitioner, all written comments will be made available for public 73; State Route 73 northwest to U.S. received during the comment period, inspection at this address located at Route 22; U.S. Route 22 west to U.S. and any other relevant information. 1400 Independence Avenue, S.W., Route 68; U.S. Route 68 north to Clark Based on the available information, during regular business hours. County; the northern Clark County line APHIS will furnish a response to the FOR FURTHER INFORMATION CONTACT: west to State Route 560; State Route 560 petitioner, either approving the petition Janet M. Hart, telephone 202–720–8525. north to State Route 296; State Route in whole or in part, or denying the SUPPLEMENTARY INFORMATION: 296 west to Interstate 75; Interstate 75 petition. APHIS will then publish a This action has been reviewed and north to State Route 47; State Route 47 notice in the Federal Register determined not to be a rule or regulation northeast to U.S. Route 68 (including all announcing the regulatory status of as defined in Executive Order 12866 of Sidney, Ohio); U.S. Route 68 north to Dekalb’s corn line B16 and the and Departmental Regulation 1512–1; U.S. Route 30; U.S. Route 30 east to availability of APHIS’ written decision. therefore, the Executive Order and State Route 19; State Route 19 north to Authority: 7 U.S.C. 150aa–150jj, 151–167, Departmental Regulation do not apply Seneca County; the southern Seneca and 1622n; 31 U.S.C. 9701; 7 CFR 2.17, 2.51, to this action. County line west to State Route 53; State and 371.2(c). Section 7(f)(1) of the Act authorizes Route 53 north to Sandusky County; the GIPSA’ Administrator to designate a southern Sandusky County line west to qualified applicant to provide official State Route 590; State Route 590 north 39148 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices to Ottawa County; the southern and Opportunity to Comment on the AUTHORITY: Pub. L. 94–582, 90 Stat. 2867, western Ottawa and Lucas County lines. Applicant for the Northern Michigan as amended (7 U.S.C. 71 et seq.) In Michigan: those sections of Region Dated: July 19, 1995 Neil E. Porter Jackson, Lenawee, and Monroe Counties AGENCY: Grain Inspection, Packers and which are east of State Route 127 and Stockyards Administration (GIPSA). Director, Compliance Division south of State Route 50. ACTION: Notice. [FR Doc. 95–18723 Filed 7–31–95; 8:45 am] Columbus’ assigned geographic area BILLING CODE 3410±EN±F does not include the following export SUMMARY: GIPSA requests comments on port locations inside Columbus’ area the applicant for designation to provide official services in the Northern Designation for the Fremont (NE) and which have been and will continue to Michigan region. Titus (IN) Areas be serviced by FGIS: The Andersons, DATES: Comments must be postmarked, Toledo and Maumee, Ohio; Cargill, Inc., AGENCY: Grain Inspection, Packers and or sent by telecopier (FAX) or electronic Toledo and Maumee, Ohio; Stockyards Administration (GIPSA). mail by August 30, 1995. Countrymark Cooperative, Inc., Toledo, ACTION: Notice. Ohio; and Burdick Grain, Huron, Ohio. ADDRESSES: Comments must be submitted in writing to Janet M. Hart, SUMMARY: The geographic area presently GIPSA announces the Chief, Review Branch, Compliance designation of Fremont Grain Inspection assigned to Farwell, in the States of Division, GIPSA, USDA, Room 1647 Department, Inc. (Fremont), and Titus Arizona, New Mexico, and Texas, South Building, P.O. Box 96454, Grain Inspection, Inc. (Titus), to provide pursuant to Section 7(f)(2) of the Act, Washington, DC 20090–6454. official services under the United States which may be assigned to the applicant SprintMail users may respond to Grain Standards Act, as amended (Act). selected for designation is as follows: [A:ATTMAIL,O:USDA,ID:A36JHART]. EFFECTIVE DATES: September 1, 1995. Maricopa, Pinal, and Yuma Counties, ATTMAIL and FTS2000MAIL users ADDRESSES: Janet M. Hart, Chief, Review Arizona. Bernalillo, Chaves, Curry, may respond to !A36JHART. Telecopier Branch, Compliance Division, GIPSA, DeBaca, Eddy, Guadalupe, Lea, Quay, (FAX) users may send comments to the USDA, Room 1647 South Building, P.O. Roosevelt, San Miguel, Santa Fe, automatic telecopier machine at 202– Box 96454, Washington, DC 20090– Torrance, and Union Counties, New 690–2755. All comments received will 6454. Mexico. be made available for public inspection at the above address located at 1400 FOR FURTHER INFORMATION CONTACT: Bailey, Deaf Smith (west of State Independence Avenue, S.W., during Janet M. Hart, telephone 202–720–8525 Route 214), Lamb (south of U.S. Route regular business hours. SUPPLEMENTARY INFORMATION: 70 and west of FM 303), and Parmer FOR FURTHER INFORMATION CONTACT: This action has been reviewed and Counties, Texas. Janet M. Hart, telephone 202–720–8525. determined not to be a rule or regulation Interested persons, including Alton, SUPPLEMENTARY INFORMATION: as defined in Executive Order 12866 Columbus, and Farwell, are hereby This action has been reviewed and and Departmental Regulation 1512–1; given the opportunity to apply for determined not to be a rule or regulation therefore, the Executive Order and designation to provide official services as defined in Executive Order 12866 Departmental Regulation do not apply in the geographic area specified above and Departmental Regulation 1512–1; to this action. under the provisions of Section 7(f) of therefore, the Executive Order and In the March 1, 1995, Federal Register the Act and section 800.196(d) of the Departmental Regulation do not apply (60 FR 11069), GIPSA asked persons regulations issued thereunder. to this action. interested in providing official services Designation in the Alton specified In the June 1, 1995, Federal Register in the geographic areas assigned to geographic area is for the period (60 FR 28570), GIPSA asked persons Fremont and Titus to submit an beginning April 1, 1996, and ending interested in providing official services application for designation. January 31, 1999. Designation in the in the Northern Michigan region to Applications were due by March 31, Columbus specified geographic area is submit an application for designation. 1995. Fremont and Titus, the only for the period beginning March 1, 1996, There was one applicant. Michigan applicants, each applied for designation and ending January 31, 1999. Grain Inspection Services, Inc. in the entire area they are currently Designation in the Farwell specified (Michigan), main office located in assigned. geographic area is for the period Marshall, Michigan, applied for the GIPSA requested comments on the beginning February 1, 1996, and ending entire area specified in the June 1, 1995, applicant in the April 21, 1995, Federal January 31, 1999. Persons wishing to Federal Register. Register (60 FR 19882). Comments were apply for designation should contact the GIPSA is publishing this notice to due by May 30, 1995. GIPSA received Compliance Division at the address provide interested persons the one comment by the deadline. The listed above for forms and information. opportunity to present comments comment supported the designation of concerning the applicant. Commenters Titus. Applications and other available are encouraged to submit reasons and GIPSA evaluated all available information will be considered in pertinent data for support or objection information regarding the designation determining which applicant will be to the designation of this applicant. All criteria in Section 7(f)(l)(A) of the Act; designated. comments must be submitted to the and according to Section 7(f)(l)(B), AUTHORITY: Pub. L. 94–582, 90 Stat. 2867, Compliance Division at the above determined that Fremont and Titus are as amended (7 U.S.C. 71 et seq.) address. Comments and other available able to provide official services in the Dated: July 19, 1995 information will be considered in geographic areas for which they applied. making a final decision. GIPSA will Effective September 1, 1995, and ending Neil E. Porter publish notice of the final decision in August 31, 1998, Fremont and Titus are Director, Compliance Division the Federal Register, and GIPSA will designated to provide official inspection [FR Doc. 95–18724 Filed 7–31–95; 8:45 am] send the applicant written notification services in the geographic areas BILLING CODE 3410±EN±F of the decision. specified in the March 1, 1995, Federal Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39149 Register. Interested persons may obtain provide official inspection services in selected through a competitive bid on official services by contacting Fremont the entire areas currently assigned to the expected pricing date. In order to at 402–721–1270 and Titus at 317–497– them; A. V. Tischer and Son, Inc. pre-qualify for participation in the 2202. (Tischer), applied for the portions of competitive sale, potential bidders must AUTHORITY: Pub. L. 94–582, 90 Stat. 2867, Schaal s area that does not include the demonstrate the requisite financial and as amended (7 U.S.C. 71 et seq.) grain elevators that are located inside technical capabilities by their responses Schaal s area; and Wisconsin applied for Dated: July 19, 1995 to a Request for Proposals (‘‘RFP’’), designation to provide official Neil E. Porter which will be available from the GOI on inspection and Class X and Y weighing or about July 28, 1995. Proposals must Director, Compliance Division services in the entire area currently [FR Doc. 95–18726 Filed 7–31–95; 8:45 am] be submitted, in accordance with the assigned to them. RFP, by 5:00 p.m. on August 7, 1995. BILLING CODE 3410±EN±F GIPSA is publishing this notice to For information regarding the provide interested persons the submission of proposals, please contact opportunity to present comments Opportunity to Comment on the concerning the applicants. Commenters Mr. Eliahu Ziv-Zitouk, Chief Fiscal Applicants for the Amarillo (TX), are encouraged to submit reasons and Officer, Ministry of Finance of the Schaal (IA), and Wisconsin Areas pertinent data for support or objection Government of Israel, 800 Second Avenue, New York, N.Y. 10017 (fax: AGENCY: Grain Inspection, Packers and to the designation of these applicants. Stockyards Administration (GIPSA). All comments must be submitted to the 212/499–5715). ACTION: Notice. Compliance Division at the above The GOI reserves the right to limit the address. Comments and other available number of firms that are eligible to SUMMARY: GIPSA request comments on information will be considered in submit bids to underwrite the proposed the applicants for designation to provide making a final decision. GIPSA will transaction, and to reject any or all bids. official services in the geographic areas publish notice of the final decision in In order to be eligible for selection as a currently assigned to Amarillo Grain the Federal Register, and GIPSA will managing underwriter, an institution Exchange, Inc. (Amarillo), D. R. Schaal send the applicants written notification must be a member of the National Agency, Inc. (Schaal), and Wisconsin of the decision. Association of Securities Dealers, and Department of Agriculture, Trade and AUTHORITY: Pub. L. 94–582, 90 Stat. 2867, otherwise meet the legal requirements Consumer Protection (Wisconsin). as amended (7 U.S.C. 71 et seq.) for serving such role. All firms are DATES: Comments must be postmarked, Dated: July 19, 1995 encouraged to seek to prequalify, or sent by telecopier (FAX) or electronic regardless of ethnic origin, race or mail by August 30, 1995. Neil E. Porter Director, Compliance Division gender. ADDRESSES: Comments must be submitted in writing to Janet M. Hart, [FR Doc. 95–18725 Filed 7–31–95; 8:45 am] The full repayment of the loans will Chief, Review Branch, Compliance BILLING CODE 3410±EN±F be guaranteed by USAID. To be eligible Division, GIPSA, USDA, Room 1647 for an USAID guaranty, the loans must South Building, P.O. Box 96454, be repayable in full no later than the Washington, DC 20090–6454. AGENCY FOR INTERNATIONAL thirtieth anniversary of the SprintMail users may respond to DEVELOPMENT disbursement of the principal amount [A:ATTMAIL,O:USDA,ID:A36JHART]. thereof. The USAID guaranty will be ATTMAIL and FTS2000MAIL users Loan Guarantees to Israel; Notice of backed by the full faith and credit of the may respond to !A36JHART. Telecopier Investment Opportunity United States of America and will be (FAX) users may send comments to the The Government of Israel (the ‘‘GOI’’) issued pursuant to authority in Section automatic telecopier machine at 202– wishes to select a lead managing 226 of the Foreign Assistance Act of 690–2755, attention: Janet M. Hart. All underwriter for the structuring and sale 1961, as amended. Disbursements under comments received will be made of U.S. Agency for International the loans will be subject to certain available for public inspection at the Development (‘‘USAID’’)-guaranteed conditions required of the GOI by above address located at 1400 loans. The USAID-guaranteed loans USAID as set for in agreements between Independence Avenue, S.W., during have been authorized by Public Law USAID and the GOI. regular business hours. 102–391, and are being provided in Additional information regarding FOR FURTHER INFORMATION CONTACT: connection with Israel’s extraordinary USAID’s responsibilities in this Janet M. Hart, telephone 202–720–8525. humanitarian effort to resettle and guaranty program can be obtained from SUPPLEMENTARY INFORMATION: absorb immigrants into Israel from the This action has been reviewed and republics of the former Soviet Union, the undersigned: Room 225, SA–2, 515 determined not to be a rule or regulation Ethiopia and other countries. 22nd Street NW., Washington, DC as defined in Executive Order 12866 The legislation authorizes the 20523–0235, Telephone: 202/663–2773. and Departmental Regulation 1512–1; guaranty by USAID of up to $10 billion Dated: July 27, 1995. therefore, the Executive Order and principal amount of loans over a five- Michael G. Kitay, Departmental Regulation do not apply year period, with a maximum of $2 Assistant General Counsel, Agency for to this action. billion in loans, offered in one or more International Development. In the June 1, 1995, Federal Register trenches, to be guaranteed in each of the [FR Doc. 95–18906 Filed 7–31–95; 8:45 am] (60 FR 28570), GIPSA asked persons five fiscal years. This Notice is in interested in providing official services connection with the GOI’s selection of BILLING CODE 6116±01±M in the geographic areas assigned to managing underwriters for an offering Amarillo, Schaal, and Wisconsin to contemplated to be made under the submit an application for designation. authorization for the current fiscal year. There were four applicants: Amarillo The lead managing underwriter for and Schaal applied for designation to the proposed transaction will be 39150 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices DEPARTMENT OF COMMERCE Trade (CIT) affirmed the Department’s Antidumping or Countervailing Duty redetermination on remand of the Order, Finding, or Suspended International Trade Administration investigation of sales at less than fair Investigation; Opportunity to Request [A±588±815] value of Cement from Japan (56 FR Administrative Review 12156, March 22, 1991, as amended by Amended Final Determination of Sales 56 FR 21658, May 10, 1991). In that AGENCY: Import Administration, at Less Than Fair Value and redetermination, the Department International Trade Administration, Antidumping Order: Gray Portland recalculated the deposit rates of Onoda Department of Commerce. Cement and Clinker From Japan Cement Co. (Onoda), Nihon Cement Co., Ltd.(Nihon), and the ‘‘All Others’’ rate. ACTION: Notice of opportunity to request AGENCY: Import Administration, On May 10, 1995, the Department administrative review of antidumping or International Trade Administration, published notice of the court decision countervailing duty order, finding, or Department of Commerce. and the new rates (60 FR 24832, May 10, suspended investigation. SUMMARY: The appeal period for the 1995). In that notice the Department court decision in Nihon Cement Co., stated that it must continue to suspend BACKGROUND: Each year during the Ltd. et al. v. United States, Slip Op. 95– liquidation until a ‘‘conclusive’’ anniversary month of the publication of 53 has expired. Accordingly, given that decision in this action is reached. an antidumping or countervailing duty the decision was not appealed, the Because none of the parties appealed order, finding, or suspension of Department is amending its final the CIT’s decision and the opportunity investigation, an interested party, as determination of sales at less than fair to appeal has expired, the Department is defined in section 771(9) of the Tariff value and order in the antidumping amending the rates calculated in the Act of 1930, as amended, may request, duty investigation of Gray Portland final determination and order. The new in accordance with section 353.22 or Cement and Clinker from Japan (Cement rates are: 70.52 for Onoda; 69.89 for 355.22 of the Department of Commerce from Japan) in accordance with that Nihon; and 70.23 for ‘‘All Others’’. We (the Department) Regulations (19 CFR decision. will instruct Customs to continue to 353.22/255.22 (1993)), as amended (see EFFECTIVE DATE: August 1, 1995. suspend liquidation, and collect cash Interim Regulations, 60 FR 25130 (May deposits, at the new rates for Nihon and FOR FURTHER INFORMATION CONTACT: 11, 1995)), that the Department conduct ‘‘All Others’’. The effective cash deposit Michelle Frederick or John Brinkmann, an administrative review of that rate for Onoda has been determined by Office of Antidumping Investigations, antidumping or countervailing duty a subsequent administrative review, and International Trade Administration, order, finding, or suspended is therefore not affected by the U.S. Department of Commerce, investigation. recalculation of these rates. Washington, D.C., 20230; telephone OPPORTUNITY TO REQUEST A REVIEW: Not (202) 482–0186 or 482–5288, Dated: July 25, 1995. later than August 31, 1995, interested respectively. Paul L. Joffe, parties may request administrative BACKGROUND: On March 28, 1995, in the Deputy Assistant Secretary for Import review of the following orders, findings, case of Nihon Cement Co., Ltd. et al. v. Administration. or suspended investigations, with United States, Slip Op. 95–53 (Nihon), [FR Doc. 95–18859 Filed 7–31–95; 8:45 am] anniversary dates in August for the the United States Court of International BILLING CODE 3510±DS±P following periods: Antidumping duty proceedings Period AUSTRALIA: Corrosion-Resistant Carbon Steel Flat Products (A±602±803) ...... 08/01/94±07/31/95 BELGIUM: Cut-to-Length Carbon Steel Plate (A±423±805) ...... 08/01/94±07/31/95 BELGIUM: Industrial Phosphoric Acid (A±423±602) ...... 08/01/94±07/31/95 BRAZIL: Cut-to-Length Carbon Steel Plate (A±351±817) ...... 08/01/94±07/31/95 CANADA: Corrosion-Resistant Carbon Steel Flat Products (A±122±822) ...... 08/01/94±07/31/95 CANADA: Cut-to-Length Carbon Steel Plate (A±122±823) ...... 08/01/94±07/31/95 CANADA: Magnesium (A±122±814) ...... 08/01/94±07/31/95 FINLAND: Cut-to-Length Carbon Steel Plate (A±405±802) ...... 08/01/94±07/31/95 FRANCE: Corrosion-Resistant Carbon Steel Flat Products (A±427±808) ...... 08/01/94±07/31/95 FRANCE: Industrial Nitrocellulose (A±427±009) ...... 08/01/94±07/31/95 GEORGIA: Titanium Sponge (A±833±803) ...... 08/01/94±07/31/95 GERMANY: Cold-Rolled Carbon Steel Flat Products (A±428±814) ...... 08/01/94±07/31/95 GERMANY: Corrosion-Resistant Carbon Steel Flat Products (A±428±815) ...... 08/01/94±07/31/95 GERMANY: Cut-to-Length Carbon Steel Plate (A±428±816) ...... 08/01/94±07/31/95 ISRAEL: Industrial Phosphoric Acid (A±508±604) ...... 08/01/94±07/31/95 ITALY: Grain Oriented Electrical Steel (A±475±811) ...... 02/09/94±07/31/95 ITALY: Granular Polytetrafluoroethylene Resin (A±475±703) ...... 08/01/94±07/31/95 ITALY: Tapered Roller Bearings, and Parts Thereof, Finished or Unfinished (A±475±603) ...... 08/01/94±07/31/95 JAPAN: Acrylic Sheet (A±588±055) ...... 08/01/94±07/31/95 JAPAN: Brass Sheet and Strip (A±588±704) ...... 08/01/94±07/31/95 JAPAN: Corrosion-Resistant Carbon Steel Flat Products (A±588±826) ...... 08/01/94±07/31/95 JAPAN: Certain High-Capacity Pagers (A±588±007) ...... 08/01/94±07/31/95 JAPAN: Granular Polytetrafluoroethylene Resin (A±588±707) ...... 08/01/94±07/31/95 KAZAKHSTAN: Titanium Sponge (A±834±803) ...... 08/01/94±07/31/95 KOREA: Cold-Rolled Carbon Steel Flat Products (A±580±815) ...... 08/01/94±07/31/95 KOREA: Corrosion-Resistant Carbon Steel Flat Products (A±580±816) ...... 08/01/94±07/31/95 MEXICO: Cut-to-Length Carbon Steel Plate (A±201±809) ...... 08/01/94±07/31/95 MEXICO: Gray Portland Cement and Clinker (A±201±802) ...... 08/01/94±07/31/95 NETHERLANDS: Brass Sheet and Strip (A±421±701) ...... 08/01/94±07/31/95 NETHERLANDS: Cold-Rolled Carbon Steel Flat Products (A±421±804) ...... 08/01/94±07/31/95 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39151 Antidumping duty proceedings Period POLAND: Cut-to-Length Carbon Steel Plate (A±455±802) ...... 08/01/94±07/31/95 ROMANIA: Cut-to-Length Carbon Steel Plate (A±485±803) ...... 08/01/94±07/31/95 RUSSIA: Titanium Sponge (A±821±803) ...... 08/01/94±07/31/95 SPAIN: Cut-to-Length Carbon Steel Plate (A±469±803) ...... 08/01/94±07/31/95 SWEDEN: Cut-to-Length Carbon Steel Plate (A±401±805) ...... 08/01/94±07/31/95 TAIWAN: Clear Sheet Glass (A±583±023) ...... 08/01/94±07/31/95 THAILAND: Malleable Cast Iron Pipe Fittings (A±549±601) ...... 08/01/93±07/31/94 THE PEOPLE'S REPUBLIC OF CHINA: Petroleum Wax Candles (A±570±504) ...... 08/01/94±07/31/95 THE PEOPLE'S REPUBLIC OF CHINA: Sulfanilic Acid (A±570±815) ...... 08/01/94±07/31/95 TURKEY: Acetylsalicylic Acid (Aspirin) (A±489±602) ...... 08/01/94±07/31/95 UNITED KINGDOM: Cut-to-Length Carbon Steel Plate (A±412±814) ...... 08/01/94±07/31/95 UKRAINE: Titanium Sponge (A±823±803) ...... 08/01/94±07/31/95 UKRAINE: Uranium (A±823±802) ...... 08/01/94±07/31/95 YUGOSLAVIA: Tapered Roller Bearings, and Parts Thereof, Finished or Unfinished (A±479±601) ...... 08/01/94±07/31/95 Countervailing Duty Proceedings BELGIUM: Cut-to-Length Carbon Steel Plate (C±423±806) ...... 01/01/94±12/31/94 BRAZIL: Cut-to-Length Carbon Steel Plate (C±351±818) ...... 01/01/94±12/31/94 CANADA: Alloy Magnesium (C±122±815) ...... 01/01/94±12/31/94 CANADA: Live Swine (C±122±404) ...... 04/01/94±03/31/95 CANADA: Pure Magnesium (C±122±815) ...... 01/01/94±12/31/94 FRANCE: Corrosion-Resistant Carbon Steel (C±427±810) ...... 01/01/94±12/31/94 GERMANY: Cold-Rolled Carbon Steel Flat Products (C±428±817) ...... 01/01/94±12/31/94 GERMANY: Corrosion-Resistant Carbon Steel (C±428±817) ...... 01/01/94±12/31/94 GERMANY: Cut-to-Length Carbon Steel Plate (C±428±817) ...... 01/01/94±12/31/94 ISRAEL: Industrial Phosphoric Acid (C±508±605) ...... 01/01/94±12/31/94 KOREA: Cold-Rolled Carbon Steel Flat Products (C±580±818) ...... 01/01/94±12/31/94 KOREA: Corrosion-Resistant Carbon Steel Plate (C±580±818) ...... 01/01/94±12/31/94 MALAYSIA: Extruded Rubber Thread (C±557±806) ...... 01/01/94±12/31/94 MEXICO: Cut-to-Length Carbon Steel Plate (C±201±810) ...... 01/01/94±12/31/94 NEW ZEALAND: Low-Fuming Brazing Copper Rod and Wire (C±614±501) ...... 08/01/94±12/31/94 SPAIN: Cut-to-Length Carbon Steel Plate (C±469±804) ...... 01/01/94±12/31/94 SWEDEN: Cut-to-Length Carbon Steel Plate (C±401±804) ...... 01/01/94±12/31/94 THAILAND: Certain Circular Welded Steel Pipes and Tubes (C±549±501) ...... 01/01/94±12/31/94 UNITED KINGDOM: Cut-to-Length Carbon Steel Plate (C±412±815) ...... 01/01/94±12/31/94 ZIMBABWE: Carbon Steel Wire Rod (C±796±601) ...... 01/01/94±12/31/94 Suspension Agreements JAPAN: Erasable Programmable Read Only Memories (EPROMS) (C±588±505) ...... 08/01/94±07/31/95 In accordance with sections 353.22(s) also exports merchandise from other 31, 1995, a request for review of entries and 355.22(a) of the regulations, in suppliers) which produced subject covered by an order or finding listed in interested party as defined by section merchandise in more than one country this notice and for the period identified 353.2(k) or 355.2(i) may request in of origin, and each country of origin is above, the Department will instruct the writing that the Secretary conduct an subject to a separate order, then the Customs Service to assess antidumping administrative review. The Department interested party must state specifically, or countervailing duties on those entries has changed its requirements for on an order-by-order basis, which at a rate equal to the cash deposit of (or requesting reviews for countervailing exporter(s) the the request is intended to bond for) estimated antidumping or duty orders. Pursuant to section cover. countervailing duties required on those 355.22(a) of the Department’s Interim Seven copies of the request should be entries at the time of entry, or Regulations, an interested party, as submitted to the Assistant Secretary for withdrawal from warehouse, for defined in section 355.2(i)(2)–(6), must Import Administration, International consumption and to continue to collect specify the individual producers or Trade Administration, Room B–099, the cash deposit previously ordered. exporters covered by the order for U.S. Department of Commerce, This notice is not required by statute, which they are requesting a review. Washington, DC 20230. The Department but is published as a service to the Therefore, for both antidumping and also asks parties to serve a copy of their international trading community. requests to the Office of Antidumping countervailing duty reviews, the Dated: July 26, 1995. interested party must specify for which Compliance, Attention: Pamela Woods, Joseph A. Spetrini, individual producers or exporters in room 3065 of the main Commerce Building. Further, in accordance with Deputy Assistant Secretary for Compliance. covered by an antidumping finding or section 353.31(g) or 355.31(g) of the an antidumping or countervailing duty [FR Doc. 95–18860 Filed 7–31–95; 8:45 am] Commerce Regulations, a copy of each order it is requesting a review, and the BILLING CODE 3510±DS±M request must be served on every party requesting party must state why the on the Department’s service list. person desires the Secretary to review The Department will publish in the Intent To Revoke Countervailing Duty those particular producers or exporters. Federal Register a notice of ‘‘Initiation Orders If the interested party intends for the of Antidumping (Countervailing) Duty Secretary to conduct an antidumping or Administrative Review’’, for requests AGENCY: Import Administration, countervailing duty review of an received by August 31, 1995. If the International Trade Administration, exporter (or a producer if that producer Department does not receive, by August Department of Commerce. 39152 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices ACTION: Notice of intent to revoke Trade Organization. As such, the 98115–0070 has requested a countervailing duty order. requirements of section 753 do not modification to permit no. 842 to take affect the procedures for revocation the marine mammals listed below for SUMMARY: The Department of Commerce under § 355.25(d)(4) of the regulations the purpose of scientific research. (the Department) is notifying the public since the effective date of any DATES: of its intent to revoke the countervailing revocation under the regulations would Written comments must be duty order listed below. Domestic be January 1, 1995. received on or before August 31, 1995. interested parties who object to ADDRESSES: The modification request revocation of this order must submit Countervailing duty and related documents are available for their comments in writing not later than order review upon written request or by the last day of August 1995. Zimbabwe: Wire Rod 08/15/86 appointment in the following offices: EFFECTIVE DATE: August 1, 1995. (C±796±601) 51 FR 29292 Permits Division, Office of Protected FOR FURTHER INFORMATION CONTACT: Resources, NMFS, 1315 East-West Brian Albright or Cameron Cardozo, Opportunity To Object Highway, Room 13130, Silver Spring, Office of Countervailing Compliance, MD 20910 (301/713–2289); Import Administration, International Not later than the last day of August Trade Administration, U.S. Department 1995, domestic interested parties may Director, Alaska Region, NMFS, P.O. of Commerce, 14th Street and object to the Department’s intent to Box 21668, Juneau, AK 99802–1668 Constitution Avenue NW., Washington, revoke this countervailing duty order. (907/586–7221); Any submission objecting to the DC 20230; telephone: (202) 482–2786. Director, Northwest Region, NMFS, revocation must contain the name and 7600 Sand Point Way NE., BIN C15700 SUPPLEMENTARY INFORMATION: case number of the order and a Building 1, Seattle, WA 98115–0070; Background statement that explains how the objecting party qualifies as a domestic Director, Southwest Region, NMFS, The Department may revoke a interested party under §§ 355.2 (i)(3), 501 West Ocean Blvd. Suite 4200, Long countervailing duty order if the (i)(4), (i)(5), or (i)(6) of the Department’s Beach, CA 90802–4213; and Secretary of Commerce concludes that it regulations. U.S. Fish and Wildlife Service, Office is no longer of interest to interested Seven copies of any such objections of Management Authority, 4401 N. parties. Accordingly, as required by the should be submitted to the Assistant Fairfax Drive, Arlington, VA 22203 Department’s regulations (at 19 CFR Secretary for Import Administration, (703/358–2104). 355.25(d)(4)), we are notifying the International Trade Administration, public of our intent to revoke the Room B–099, U.S. Department of Written data or views, or requests for countervailing duty order listed below, Commerce, 14th Street and Constitution a public hearing on this request, should for which the Department has not Avenue NW., Washington, DC 20230. be submitted to the Chief, Permits received a request to conduct an This notice is in accordance with 19 Division, F/PR1, Office of Protected administrative review for the most CFR 355.25(d)(4)(i). Resources, Silver Spring, MD 20910, recent four consecutive annual within 30 days of the publication of this Dated: July 26, 1995. anniversary months. notice. In accordance with § 355.25(d)(4)(iii) Joseph A. Spetrini, FOR FURTHER INFORMATION CONTACT: Gary of the Department’s regulations, if no Deputy Assistant Secretary for Compliance. Barone (301–713–2289). domestic interested party (as defined in [FR Doc. 95–18861 Filed 7–31–95; 8:45 am] §§ 355.2 (i)(3), (i)(4), (i)(5), and (i)(6) of BILLING CODE 3510±DS±P SUPPLEMENTARY INFORMATION: Those the regulations) objects to the individuals requesting a hearing should Department’s intent to revoke this order set forth the specific reasons why a pursuant to this notice, and no DEPARTMENT OF COMMERCE hearing on this particular request would interested party (as defined in § 355.2(i) be appropriate. of the regulations) requests an National Oceanic and Atmospheric Administration Concurrent with the publication of administrative review in accordance this notice in the Federal Register, the with the Department’s notice of DEPARTMENT OF THE INTERIOR Secretary of Commerce is forwarding opportunity to request administrative copies of this application to the Marine review, we shall conclude that the Fish and Wildlife Service Mammal Commission and its countervailing duty order is no longer of Committee of Scientific Advisors. interest to interested parties and [I.D. 070795C] proceed with the revocation effective The subject modification to permit no. January 1, 1995. However, if an Marine Mammals and Endangered 842, issued on June 2, 1993, (58 FR interested party does request an Species; Permits 32543) is requested under the authority of the Marine Mammal Protection Act of administrative review in accordance AGENCY: National Marine Fisheries 1972, as amended (16 U.S.C. 1361 with the Department’s notice of Service (NMFS), National Oceanic and et seq.), the Regulations Governing the opportunity to request administrative Atmospheric Administration (NOAA), Taking and Importing of Marine review, or a domestic interested party Commerce; and Fish and Wildlife Mammals (50 CFR part 216), the does object to the Department’s intent to Service (FWS), Interior. Endangered Species Act, revoke pursuant to this notice, the ACTION: Receipt of modification request Department will not revoke the order (16 U.S.C. 1531–1543) and the for a scientific research permit regulations governing endangered fish pursuant to § 355.25(d)(4). (P771#65). The order listed below is also subject and wildlife (50 CFR parts 217–227). to section 753 of the Act; however, any SUMMARY: Notice is hereby given that The permit holder seeks authorization revocation pursuant to section 753 the National Marine Mammal to extend the permit from the original would be effective March 3, 1995, the Laboratory, 7600 Sand Point Way, NE., expiration date of June 30, 1996 until date Zimbabwe acceded to the World BIN C15700 Building 1, Seattle, WA June 30, 1999. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39153 Dated: July 11, 1995. restrictions and requirements International Trade Administration Eugene Nitta, established therein. Intent to Revoke Antidumping Duty Acting Chief, Permits & Documentation Inseason Action Division, National Marine Fisheries Service. Orders and Findings and to Terminate Suspended Investigations Dated: July 20, 1995. 1995 Halibut Landing Report Number 9 Maggie Tieger, Area 2A Non-treaty Commercial Fishery AGENCY: Import Administration, Chief, Branch of Permits, U.S. Fish and to Reopen International Trade Administration, Wildlife Service. Department of Commerce. [FR Doc. 95–18851 Filed 7–31–95; 8:45 am] The July 5 fishing period in Area 2A ACTION: Notice of intent to revoke resulted in a catch of 9.07 metric tons BILLING CODE 3510±22±F antidumping duty orders and findings (mt) (20,000 lb), leaving 32.22 mt and to terminate suspended (71,052 lb) in the commercial catch investigations. limit. Although 350 commercial licenses DEPARTMENT OF COMMERCE were issued in Area 2A, very few SUMMARY: The Department of Commerce vessels participated in the July 5th (the Department) is notifying the public National Oceanic and Atmospheric opening, resulting in a low catch. The of its intent to revoke the antidumping Administration total catch limit remaining, including duty orders and findings and to 50 CFR Part 301 the ‘‘rolled-over’’ amount from the terminate the suspended investigations salmon troll fishery, is 387.89 mt listed below. Domestic interested parties [Docket No. 950106003±5070±02; I.D. (85,157 lb). who object to these revocations and 072695A] Area 2A will reopen on July 18 for 10 terminations must submit their hours from 8:00 a.m. to 6:00 p.m. local comments in writing no later than the Pacific Halibut Fisheries; Area 2A Non- last day of August 1995. treaty Commercial Fishery Reopening time. The fishery is restricted to waters that are south of Point Chehalis, WA EFFECTIVE DATE: August 1, 1995. AGENCY: National Marine Fisheries (46°53′18′′ N. lat.) under regulations FOR FURTHER INFORMATION CONTACT: Service (NMFS), National Oceanic and promulgated by NMFS. Fishing period Michael Panfeld or the analyst listed Atmospheric Administration (NOAA), limits as indicated in the following table under Antidumping Proceeding at: Commerce. will be in effect for this opening. Office of Antidumping Compliance, ACTION: Inseason action. Import Administration, International Vessel class Fishing period limit Trade Administration, U.S. Department SUMMARY: The Assistant Administrator (lb) of Commerce, 14th Street & Constitution Avenue, N.W., Washington, D.C. 20230, for Fisheries, NOAA, on behalf of the Dressed, International Pacific Halibut Length Letter Dressed, head- telephone (202) 482–4737. Commission (IPHC), publishes an head-on off* SUPPLEMENTARY INFORMATION: inseason action pursuant to IPHC regulations approved by the U.S. 0±25 ...... A 225 200 Background Government to govern the Pacific 26±30 ...... B 240 210 The Department may revoke an 31±35 ...... C 380 335 halibut fishery. This action is intended antidumping duty order or finding or 36±40 ...... D 1,050 925 to enhance the conservation of the terminate a suspended investigation if Pacific halibut stock in order to help 41±45 ...... E 1,130 995 46±50 ...... F 1,350 1,190 the Secretary of Commerce concludes sustain it at an adequate level in the 51±55 ...... G 1,510 1,330 that it is no longer of interest to northern Pacific Ocean and Bering Sea. 56+ ...... H 2,275 2,000 interested parties. Accordingly, as EFFECTIVE DATE: 8:00 a.m., through 6:00 required by § 353.25(d)(4) of the p.m., local time, July 18, 1995. *Weights are after 2 percent has been de- Department’s regulations, we are ducted for ice and slime if fish are not washed FOR FURTHER INFORMATION CONTACT: prior to weighing. notifying the public of our intent to Steven Pennoyer, 907–586–7221; revoke the following antidumping duty William W. Stelle, Jr., 206–526–6140; or The appropriate vessel length class orders and findings and to terminate the Donald McCaughran, 206–634–1838. and letter is printed on each halibut suspended investigations for which the Department has not received a request SUPPLEMENTARY INFORMATION: The IPHC, license. under the Convention between the The fishing period limit is shown in to conduct an administrative review for United States of America and Canada terms of dressed, head-off weight as the most recent four consecutive annual for the Preservation of the Halibut well as dressed, head-on weight, anniversary months: Fishery of the Northern Pacific Ocean although fishermen are reminded that Antidumping Proceeding and Bering Sea (signed at Ottawa, regulations require that all halibut from France Ontario, on March 2, 1953), as amended Area 2A be landed with the head on. Industrial Nitrocellulose by a Protocol Amending the Convention The fishing period limit applies to the A–427–009 (signed at Washington, DC, on March vessel, not the individual fisherman, 48 FR 36303 29, 1979), has issued this inseason and any landings over the vessel limit August 10, 1983 action pursuant to IPHC regulations will be subject to forfeiture and fine. Contact: David Dirstine at (202) 482– governing the Pacific halibut fishery. 4033 Dated: July 26, 1995. The regulations have been approved by Georgia NMFS (60 FR 14651, March 20, 1995). Richard W. Surdi, Titanium Sponge On behalf of the IPHC, this inseason Acting Director, Office of Fisheries A–833–803 action is published in the Federal Conservation and Management, National 33 FR 12138 Register to provide additional notice of Marine Fisheries Service. August 28, 1968 its effectiveness, and to inform persons [FR Doc. 95–18850 Filed 7–31–95; 8:45 am] Contact: David Genovese at (202) 482– subject to the inseason action of the BILLING CODE 3510±22±W 4697 39154 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices Japan suspended investigations by the last day FOR FURTHER INFORMATION CONTACT: Acrylic Sheet of August 1995. Any submission to the Dennis C. Kacoyanis, Trial Attorney, A–588–055 Department must contain the name and Office of Compliance and Enforcement, 41 FR 36497 case number of the proceeding and a Consumer Product Safety Commission, August 30, 1976 statement that explains how the Washington, DC 20207; telephone (301) Contact: Kim Moore at (202) 482–0090 objecting party qualifies as a domestic 504–0626. Japan interested party under § 353.2(k)(3), (4), SUPPLEMENTARY INFORMATION: The text of Brass Sheet & Strip (5), and (6) of the Department’s the Agreement and Order appears A–588–704 regulations. below. 53 FR 30454 Seven copies of such objections Dated: July 26, 1995. August 12, 1988 should be submitted to the Assistant Sadye E. Dunn, Secretary for Import Administration, Contact: Chip Hayes at (202) 482–5047 Secretary. Japan International Trade Administration, In the matter of Terri Treat, individually High Capacity Pagers Room B–099, U.S. Department of Commerce, Washington, D.C. 20230. and as the sole proprietor of Clouds, DBA, A–588–007 Cotton Cloud Futon Corporation. 48 FR 37058 You must also include the pertinent August 16, 1983 certification(s) in accordance with [CPSC Docket No. 95±C0014] Contact: Charles Riggle at (202) 482– § 353.31(g) and § 353.31(i) of the Complaint; Nature of Proceedings Department’s regulations. In addition, 0650 Pursuant to the provisions of the the Department requests that a copy of Taiwan Flammable Fabrics Act, as amended, (15 the objection be sent to Michael F. Clear Sheet Glass U.S.C. 1191 et seq.; hereinafter the ‘‘FFA’’); Panfeld in Room 4203. This notice is in A–583–023 the Federal Trade Commission Act, as accordance with 19 CFR 353.25(d)(4)(i). 36 FR 16508 amended, (15 U.S.C. 41 et seq.; hereinafter, Dated: July 28, 1995. the ‘‘FTCA’’); and the Standard for the August 21, 1971 Flammability of Mattresses and Mattress Contact: Kim Moore at (202) 482–0090 Joseph A. Spetrini, Pads (FF 4–72, as amended), 16 CFR part Thailand Deputy Assistant Secretary for Compliance. 1632 (hereinafter, the ‘‘Mattress Standard’’), Malleable Pipe Fittings [FR Doc. 95–19035 Filed 7–31–95; 8:45 am] the Consumer Product Safety Commission having reason to believe that Terri Treat, A–549–601 BILLING CODE 3510±DS±P individually and as the sole proprietor of 52 FR 37351 Clouds DBA, Cotton Cloud Futon August 20, 1987 Corporation hereinafter, ‘‘Respondent’’), 1916 Contact: Carlo Cavagna at (202) 482– CONSUMER PRODUCT SAFETY N.E. Broadway, Portland, OR 97232, has 4851 COMMISSION violated the provisions of said Acts; and further, it appearing to the Commission that The People’s Republic of China [CPSC Docket No. 95±C0014] Petroleum Wax Candles a proceeding by it in respect those violations would be in the public interest, therefore, it A–570–504 Provisional Acceptance of a hereby issues its Complaint stating its 51 FR 30686 Settlement Agreement and Order charges as follows: August 28, 1986 1. Respondent Terri Treat is the sole Contact: Valerie Turoscy at (202) 482– In the matter of Terri Treat, Individually proprietor of Clouds DBA, Cotton Cloud 0145 and as the sole proprietor of Clouds d/b/a, Futon Corporation, 1916 N.E. Broadway, Cotton Cloud Futon corporation. Yugoslavia Portland, OR 97005; and in that capacity, is AGENCY: Consumer Product Safety responsible for the acts, practices, and Tapered Roller Bearings policies of Clouds DBA, Cotton Cloud Futon A–479–601 Commission. Corporation. 52 FR 30417 ACTION: Provisional acceptance of a 2. Respondent is now and has been August 14, 1987 settlement agreement under the engaged in the manufacturing for sale, sale, Contact: Wendy J. Frankel at (202) 482– Consumer Product Safety Act. and offering for sale, in commerce, and has 0367 introduced, delivered for introduction, SUMMARY: It is the policy of the transported and caused to be transported in If no interested party requests an Commission to publish settlements commerce, and has sold or delivered after administrative review in accordance which it provisionally accepts under the sale or shipment in commerce, as the term with the Department’s notice of Consumer Product Safety Act in the ‘‘commerce’’ is defined in section 2(b) of the opportunity to request administrative FFA, 15 U.S.C. 1191(b), futon mattresses Federal Register in accordance with the review, and no domestic interested described as follows: (a) All cotton, (b) terms of 16 CFR 1605.13. Published party objects to the Department’s intent cotton-foam core, (c) poly-cotton, (d) poly- below is a provisionally-accepted to revoke or terminate pursuant to this cotton foam core, (e) wool-cotton, (f) wool- Settlement Agreement with Cotton notice, we shall conclude that the cotton foam core, (g) wool-poly/cotton, (h) Cloud Futon corporation. wool-poly/cotton foam core, (i) infant, (j) antidumping duty orders, findings, and DATES: Any interested person may ask artland feather bed, and (k) 100% recycled suspended investigations are no longer dacron. of interest to interested parties and shall the Commission not to accept this 3. Each futon mattress identified in proceed with the revocation or agreement or otherwise comment on its paragraph 3 of the complaint is intended or termination. contents by filing a written request with promoted for sleeping upon. the Office of the Secretary by August 16, 4. Each futon mattress identified in Opportunity to Object 1995. paragraph 3 of the complaint is, therefore: Domestic interested parties, as ADDRESSES: Persons wishing to (a) A ‘‘mattress’’ within the meaning of defined in § 353.2(k)(3), (4), (5), and (6) comment on this Settlement Agreement § 1632.1(a) of the Mattress Standard (FF 4– 72, as amended), 1632.1(a); and of the Department’s regulations, may should sent written comments to the (b) An ‘‘interior furnishing’’ and a object to the Department’s intent to Comment 95–C0014, Office of the ‘‘product’’ as these terms are defined in revoke these antidumping duty orders Secretary, Consumer Product Safety sections 2 (e) and (h) of the FFA, as amended, and findings or to terminate the Commission, Washington, DC 20207. 15 U.S.C. 1191 (e) and (h). Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39155 5. Respondent is subject to, and has failed Flammable Fabrics Act (15 U.S.C. 1191 et Dated: June 26, 1995. to comply with, the Mattress Standard in seq.), and the Federal Trade Commission Act Respondent Terri Treat that: (15 U.S.C. 41 et seq.). Terri Treat, individually and as sole (a) Respondent failed to do prototype 2. Respondent Terri Treat is the sole proprietor of Clouds, DBA, Cotton Cloud testing of the ticking substitution procedure proprietor of Clouds DBA, Cotton Cloud Futon Corporation required by § 1632.3 or 1632.6 of the Mattress Futon Corporation, 1916 N.E. Broadway, Standard, 16 CFR 1632.3 or 1632.6. Portland, OR 97005; and in that capacity is Commission Staff (b) Respondent failed to maintain the responsible for the acts, practices, and David Schmeltzer, policies of Clouds DBA, Cotton Cloud Futon manufacturing or test specifications or test Assistant Executive Director, Office of Corporation. records, ticking substitution specifications or Compliance. test records, or other records required by 3. Respondent is now and has been § 1632.31 (c)(1) or (c)(5) and (c)(6), 16 CFR engaged in one or more of the following: the Eric L. Stone, 1632.31 (c)(1) or (c)(5) and (c)(6). manufacture for sale, the sale, or the offering Acting Director, Division of Administrative 6. The acts by Respondent set forth in for sale, in commerce, or the importation, Litigation, Office of Compliance. delivery for introduction, transportation in paragraph 5 of the complaint are unlawful Dated: July 5, 1995. and constitute an unfair method of commerce, or the sale or delivery after sale Dennis C. Kacoyanis, competition and an unfair and deceptive or shipment in commerce, of a product, practice in commerce under the FTCA, in fabric, or related material which is subject to Trial Attorney, Division of Administrative violation of section 3(a) of the FFA, 15 U.S.C. the requirements of the Flammable Fabrics Litigation, Office of Compliance. Act, as amended, 15 U.S.C. 1191 et seq., and 1192(a), for which a cease and desist order [CPSC Docket No. 95±C0014] may be issued against Respondent pursuant the Standard for the Flammability of to section 5(b) of the FFA, 15 U.S.C. 1194(b), Mattresses and Mattress Pads (FF 4–72), as In the matter of Terri Treat, individually and section 5 of the FTCA, 15 U.S.C. 45. amended, 16 CFR part 1632. and as sole proprietor of Clouds, DBA, Cotton 4. Respondent denies the allegations of Cloud Futon Corporation. Relief Sought paragraphs 1 through 6 of the Complaint that 7. The staff seeks issuance of a cease and Respondent violated section 3(a) of the FFA, Order desist order against Respondent pursuant to as amended, 15 U.S.C. 1192(a); and the Upon consideration of the Consent Order section 5(b) of the FFA, 15 U.S.C. 1194(b), Mattress Standard. Agreement entered into between Respondent and section 5 of the FTCA, 15 U.S.C. 45. 5. Respondent denies that she knowingly Terri Treat, individually and as sole Wherefore, the premises considered, the violated section 3(a) of the FFA, as amended, proprietor of Clouds, DBA, Cotton Cloud Commission hereby issues this Complaint on 15 U.S.C. 1192(a); and the Mattress Standard. Futon Corporation and the staff of the the llll day of llllll, 1995. 6. This Agreement is entered into for the Consumer Product Safety Commission; and purposes of settlement only and does not By direction of the Commission: the Commission having jurisdiction over the constitute a determination by the subject matter and Respondent Terri Treat, Dated:llllll Commission that Respondent (a) violated or individually and as sole proprietor of Clouds, David Schmeltzer, (b) knowingly violated the FFA and the DBA, Cotton Cloud Futon Corporation; and it Assistant Executive Director, Office of Mattress Standard. appearing that the Consent Order Agreement Compliance and Enforcement. 7. Respondent agrees to pay in settlement is in the public interest, of the staff’s allegations a civil penalty as set In the matter of Terri Treat, individually I and as sole proprietor of Clouds, DBA, Cotton forth in the incorporated Order. Cloud Futon Corporation. 8. This Agreement does not constitute an It is ordered that the Consent Order admission by Respondent that a civil penalty Agreement be and hereby is accepted. [CPSC Docket No. 95±C0014] is appropriate. 9. This Agreement becomes effective only II Consent Order Agreement upon its final acceptance by the Commission It is further ordered that Respondent, and Terri Treat, individually, and as the sole and service of the incorporated Order upon her successors and assigns, agents, proprietor of Clouds, DBA, Cotton Cloud Respondent. representatives, and employees of the Futon Corporation (hereinafter, 10. Upon final acceptance of this Consent Respondent, directly or through any ‘‘Respondent’’), enters into this Consent Order Agreement by the Commission and corporation, subsidiary, division, or other Order Agreement (hereinafter, ‘‘Agreement’’) issuance of the Final Order, Respondent business entity, or through any agency, with the staff of the Consumer Product Safety knowingly, voluntarily, and completely device or instrumentality, do forthwith cease Commission (hereinafter, ‘‘Commission’’) waives any rights she may have in this matter and desist from selling or offering for sale, in pursuant to the procedures for Consent Order (1) to an administrative or judicial hearing, commerce, or manufacturing for sale, in Agreements contained in § 1605.13 of the (2) to judicial review or other challenge or commerce, or importing into the United Commission’s Procedures for Investigations, contest of the validity of the Commission’s States or introducing, delivering for Inspections, and Inquiries under the actions, (3) to a determination by the introduction, transporting or causing to be Flammable Fabrics Act (FFA), 16 CFR Commission as to whether Respondent failed transported, in commerce, or selling or 1605.13. to comply with the Flammable Fabrics Act as delivering after sale or shipment in This Agreement and Order are for the sole aforesaid, (4) to a statement of findings of fact commerce, any product, fabric or related purpose of settling allegations of the staff (1) and conclusions of law, and (5) to any claims material which is subject to and fails to that Respondent violated section 3(a) of the under the Equal Access to Justice Act. conform to the Standard for the Flammability Flammable Fabrics Act (FFA), as amended, 11. Violation of the provisions of the Order of Mattresses and Mattress Pads (FF 4–72), as 15 U.S.C. 1192(a) and the Standard for the may subject Respondent to a civil and/or amended, 16 CFR part 1632. Flammability of Mattresses and Mattress criminal penalty for each such violation, as Pads, as amended, 16 CFR part 1632 (FF 4– prescribed by law. III 72) (hereinafter, the ‘‘Mattress Standard’’), as 12. For purposes of section 6(b) of the It is further ordered that Respondent more fully set forth in the Complaint CPSA, 15 U.S.C. 2055(b), this matter shall be conduct prototype testing for each mattress accompanying this Agreement; and (2) that treated as if a complaint had issued; and the design, prior to production, in accordance Respondent knowingly violated section 3(a) Commission may publicize the terms of the with applicable provisions of the Standard of the FFA, as amended, 15 U.S.C. 1192(a) Consent Order Agreement. for the Flammability of Mattresses and and the Mattress Standard. 13. Agreements, understandings, Mattress Pads (FF 4–72), as amended, 16 CFR representations, or interpretations made part 1632. Respondent and the Staff Agree outside the Consent Order Agreement may 1. The Consumer Product Safety not be used to vary or to contradict its terms. IV Commission has jurisdiction in this matter 14. Upon acceptance of this Agreement, the It is further ordered that Respondent under the following Acts: Consumer Product Commission shall issue the following Order prepare and maintain written records of the Safety Act (15 U.S.C. 2051 et seq.), incorporated herein by reference. prototype testing specified in paragraph III of 39156 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices this Order for each mattress design, including after service of the Final Order of the FOR FURTHER INFORMATION CONTACT: photographs of the tested mattresses, in Commission accepting this Consent Order accordance with applicable provisions of the Agreement (hereinafter, the ‘‘anniversary Dr. W.S. Williamson, Executive Standard for the Flammability of Mattresses date’’), whichever is later. The second Secretary, DIA Scientific Advisory and Mattress Pads (FF 4–72), as amended, 16 payment of Five Thousand And 00/100 Board, Washington, DC 20340–1328 CFR part 1632. Dollars ($5,000.00) shall be paid on July 1, (202) 373–4930. 1996 or within one year of the anniversary V SUPPLEMENTARY INFORMATION: The entire date. Upon failure by Respondent to make meeting is devoted to the discussion of It is further ordered that Respondent payment or upon the making of a late classified information as defined in prepare and maintain a written record of the payment by Respondent, the entire amount of manufacturing specifications of each mattress Section 552b(c)(I), Title 5 of the U.S. the civil penalty shall be due and payable, Code and therefore will be closed to the prototype in accordance with applicable and interest on the outstanding balance shall provisions of the Standard for the accrue and be paid at the federal legal rate public. The Board will receive briefings Flammability of Mattresses and Mattress of interest under the provisions of 28 U.S.C. on and discuss several current critical Pads (FF 4–72), as amended, 16 CFR part 1961 (a) and (b). intelligence issues and advise the 1632. Director, DIA, on related scientific and XI VI technical matters. It is further ordered that Respondent shall Dated: July 27, 1995. It is further ordered that Respondent within ninety (90) days after service upon her conduct prototype testing or, if appropriate, of this Order, file with the Commission a Patricia L. Toppings, obtain supplier certification to support any report, in writing, setting forth in detail the Alternate OSD Federal Register Liaison substitution of materials after prototype manner and form in which she has complied Officer, Department of Defense. testing, in accordance with all applicable with this Order. [FR Doc. 95–18816 Filed 7–31–95; 8:45 am] provisions of the Standard for the Flammability of Mattresses and Mattress XII BILLING CODE 5000±04±M Pads (FF 4–72), as amended, 16 CFR part It is further ordered that for a period of 1632. three (3) years from the date this Order Meeting of the DOD Advisory Group on VII becomes final pursuant to 16 CFR 1605.13(e), Respondent notify the Commission at least Electron Devices It is further ordered that Respondents thirty (30) days prior to any proposed change prepare and maintain a written record of the AGENCY: Department of Defense, in the way Respondent does business which Advisory Group on Electron Devices. manufacturing specifications of any new may affect her compliance obligations arising ticking or tape edge material substituted for out of this Order. ACTION: Notice. those used in the original prototype testing, By direction of the Commission, this in accordance with applicable provisions of SUMMARY: Consent Order Agreement is provisionally Working Group B the Standard for the Flammability of accepted pursuant to 16 CFR 1605.13, and (Microelectronics) of the DoD Advisory Mattresses and Mattress Pads (FF 4–72), as shall be placed on the public record, and the Group on Electron Devices (AGED) amended, 16 CFR part 1632. Commission shall announce the provisional announces a closed session meeting. VIII acceptance of the Consent Order Agreement DATES: The meeting will be held at It is further ordered that Respondent in the Commission’s Public Calendar and in 0900, Tuesday, 8 August, 1995. the Federal Register. prepare and maintain a written record of the ADDRESSES: The meeting will be held at manufacturing specifications of any new So ordered by the Commission, this 26th Palisades Institute for Research foam core material substituted for those used day of July, 1995. Services, 1745 Jefferson Davis Highway, in the original prototype testing, in Sadye E. Dunn, Suite 500, Arlington, VA 22202. accordance with applicable provisions of the Standard for the Flammability of Mattresses Secretary, Consumer Product Safety FOR FURTHER INFORMATION CONTACT: and Mattress Pads (FF 4–72), as amended, 16 Commission. Warner Kramer, AGED Secretariat, 1745 CFR part 1632. [FR Doc. 95–18750 Filed 7–31–95; 8:45 am] Jefferson Davis Highway, Crystal Square BILLING CODE 6335±01±M Four, Suite 500, Arlington, Virginia IX 22202. It is further ordered that Respondent SUPPLEMENTARY INFORMATION: The prepare and maintain all other records required by the Standard for the DEPARTMENT OF DEFENSE mission of the Advisory Group is to Flammability of Mattresses and Mattress provide advice to the Under Secretary of Pads (FF 4–72), as amended, 16 CFR part Office of the Secretary Defense for Acquisition and 1632, including: Technology, to the Director Defense (a) Records to support any determination Defense Intelligence Agency, Scientific Research and Engineering (DDR&E), and that a particular material other than ticking Advisory Board Closed Meeting through the DDR&E, to the Director or tape edge did not influence ignition Advanced Research Projects Agency and AGENCY: resistance; Department of Defense, Defense the Military Departments in planning (b) Ticking certification test results or a Intelligence Agency. and managing an effective research and certification from the ticking supplier; and ACTION: Notice. (c) Records describing the disposition of all development program in the field of failing and rejected prototype mattresses. electron devices. SUMMARY: Pursuant to the provisions of The Working Group B meeting will be X Subsection (d) of Section 10 of Public limited to review of research and It is further ordered that upon final Law 92–463, as amended by Section 5 development programs which the acceptance of the Consent Order Agreement of Public Law 94–409, notice is hereby military proposes to initiate with by the Commission, Respondent Terri Treat given that a closed meeting of the DIA industry, universities or in their pay to the Commission a civil penalty in the Scientific Advisory Board has been laboratories. The microelectronics area amount of Ten Thousand And 00/100 Dollars scheduled as follows: ($10,000.00) in two payments of Five includes such programs on DATES: August 24, 1995 (830 to 400). Thousand And 00/100 Dollars ($5,000.00) semiconductor materials, integrated each. The first payment of Five Thousand ADDRESSES: The Defense Intelligence circuits, charge coupled devices and And 00/100 Dollars ($5,000.00) shall be due Agency, Bolling AFB, Washington, DC memories. The review will include on July 1, 1995 or within twenty (20) days 20340–5100. classified program details throughout. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39157 In accordance with Section 10(d) of increase the amount of wetlands, and Department of the Navy has prepared Pub. L. No. 92–463, as amended (5 increase local traffic in the area of the and filed with the U.S. Environmental U.S.C. App. II 10(d) (1988)), it has been base. Protection Agency the Draft determined that this Advisory Group The DEIS has been distributed to Environmental Impact Statement (DEIS) meeting concerns matters listed in 5 various federal, state, and local for the Proposed Disposal and Reuse of U.S.C.§ 552b(c)(1) (1988), and that agencies, elected officials, special NAS Dallas, Texas. accordingly, this meeting will be closed interest groups, and the media. A In response to the recommendations to the public. limited number of single copies are of the 1993 Department of Defense Base Dated: July 27, 1995. available at the address listed at the end Realignment and Closure Commission of this notice. Patricia L. Toppings, (BRAC–93) and to legislative A public hearing to inform the public requirements of the 1990 Base Alternate OSD Federal Register Liaison of the DEIS findings and to solicit Officer, Department of Defense. Realignment and Closure Act (Pub. L. comments will be held at the Glenview 101–510), NAS Dallas, Texas is to be [FR Doc. 95–18817 Filed 7–31–95; 8:45 am] Village Hall, 1225 Waukegan Rd. on BILLING CODE 5000±04±M closed and the property to be made Thursday evening, August 17, 1995, available for disposal and reuse. from 7 p.m. until the end of public Approximately 25% of NAS Dallas comment or 12 midnight. Department of the Navy property is owned by the Navy; the The public hearing will be conducted remaining portion is leased to the U.S. Notice of Public Hearing for the Draft by the Navy. Federal, state and local Government by the City of Dallas, and agencies, and interested parties are Environmental Impact Statement for will be returned to the city in invited and urged to be present or the Disposal and Reuse of the Naval accordance with the lease agreement. represented at the hearing. Oral Air Station (NAS) Glenview, IL The Navy has prepared a DEIS which statements will be heard and transcribed addresses the environmental impacts of Pursuant to Council on by a legal stenographer; however, to disposing Navy-owned property at NAS Environmental Quality Regulations (40 ensure accuracy of the record, all Dallas and of its potential reuse. The CFR parts 1500–1508) implementing statements should be submitted in purpose of the DEIS is to assist the procedural provisions of the National writing. All statements, oral and Secretary of the Navy in making a Environmental Policy Act, the written, will become a part of the public decision concerning the disposition of Department of the Navy has prepared record of this study, and will be NAS property. It is the Navy’s policy to and filed with the U.S. Environmental responded to in the Final adopt the community’s redevelopment Protection Agency the Draft Environmental Impact Statement. Equal plan as its preferred alternative. The Environmental Impact Statement (DEIS) weight will be given to both oral and preferred alternative presented in the for the Proposed Disposal and Reuse of written statements. the NAS Glenview, Illinois. In the interest of available time, each DEIS is Industrial Aviation Use; other In response to the recommendations speaker will be asked to limit his/her alternatives discussed are Industrial of the 1993 Department of Defense Base comments to five minutes. If longer Park, Aviation Manufacturing Facility, Realignment and Closure Commission statements are to be presented, they General Aviation Use, Non-Aviation (BRAC–93) and to legislative should be summarized for the public Mixed Use, and No Action. requirements of the 1990 Base hearing and submitted in long-form at The DEIS has been distributed to Realignment and Closure Act (Pub. L. the hearing or mailed to the address various federal, state, and local 101–510), NAS Glenview, Illinois is to listed at the end of this announcement. agencies, elected officials, special be closed and the property to be made All written comments must be interest groups, and local libraries in available for disposal and reuse. The postmarked by 5 September 1995, to Dallas and Grand Prairie. A limited Navy has prepared a DEIS which become a part of the official record. number of single copies are available at addresses the environmental impacts of Additional information concerning the address listed at the end of this disposing NAS Glenview and of its this notice may be obtained by notice. potential reuse. The purpose of the DEIS contacting Tom Burst (Code 064TB), A public hearing to inform the public is to assist the Secretary of the Navy in Southern Division, Naval Facilities of the DEIS findings and to solicit making a decision concerning the Engineering Command, PO Box 190010, comments will be held in Building 12 disposition of NAS property. It is the North Charleston, South Carolina, auditorium, NAS Dallas, 8100 West Navy’s policy to adopt the community’s 29419–9010, telephone (803) 743–0590. Jefferson Blvd., Dallas, TX on Wednesday evening, August 16, 1995, at redevelopment plan as its preferred Dated: July 25, 1995. alternative. The preferred alternative 7 p.m. This meeting will be advertised L.R. McNees, presented in the DEIS is the Consensus in the Dallas and Grand Prairie area LCDR, JAGC, USN, Federal Register Liaison newspapers. Reuse Plan approved by the Glenview Officer. Community Reuse Planning Group. The public hearing will be conducted The preferred alternative for NAS [FR Doc. 95–18823 Filed 7–31–95; 8:45 am] by the Navy. Federal, state and local Glenview is a combination of land uses BILLING CODE 3810±FF±M agencies, and interested parties are which integrates the site with the invited and urged to be present or Glenview community. It includes low Notice of Public Hearing for the Draft represented at the hearing. Oral and moderate density residential, a Environmental Impact Statement for statements will be heard and transcribed variety of public uses, retail, office/ the Disposal and reuse of Naval Air by a legal stenographer; however, to warehouse, light industrial, commercial, Station (NAS) Dallas, TX ensure accuracy of the record, all a sports, leisure, and entertainment statements should be submitted in component, a new Metra commuter rail Pursuant to Council on writing. All statements, oral and station, and land devoted to open space Environmental Quality Regulations (40 written, will become a part of the public and preservation of the existing golf CFR parts 1500–1508) implementing record of this study, and will be course. The plan will generate procedural provisions of the National responded to in the Final approximately 5,100 jobs, slightly Environmental Policy Act, the Environmental Impact Statement. Equal 39158 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices weight will be given to both oral and Information about the Department’s that the proposed abandonment will not written statements. funding opportunities, including copies result in or cause any interruption, In the interest of available time, each of application notices for discretionary reduction, or termination of firm natural speaker will be asked to limit his/her grant competitions, can be viewed on gas service presently rendered to any of comments to five minutes. All written the Department’s electronic bulletin its customers. comments must be postmarked by board (ED BOARD), telephone (202) Any person desiring to be heard or to August 28, 1995 to become a part of the 260–9950; or on the Internet Gopher make any protest with reference to said official record. Additional information Server at GOPHER.ED.GOV (under application should on or before August concerning this notice may be obtained Announcements, Bulletins and Press 16, 1995, file with the Federal Energy by contacting Darrel Molzan (Code Releases). However, the official Regulatory Commission, 825 North 064DM), Southern Division, Naval application notice for a discretionary Capitol Street, NE., Washington, DC Facilities Engineering Command, P.O. grant competition is the notice 20426, a motion to intervene or a protest Box 190010, North Charleston, South published in the Federal Register. in accordance with the requirements of Carolina, 29419–9010, telephone (803) Program Authority: 20 U.S.C 1065. the Commission’s Rules of Practice and 743–0993. Dated: July 27, 1995. Procedure (18 CFR 385.214 or 385.211) Dated: July 25, 1995. David A. Longanecker, and the Regulations under the Natural Gas Act (18 CFR 157.10). All protests L.R. McNees, Assistant Secretary for Postsecondary Education. filed with the Commission will be LCDR, JAGC, USN, Federal Register Liaison considered by it in determining the Officer. [FR Doc. 95–18876 Filed 7–31–95; 8:45 am] appropriate action to be taken but will [FR Doc. 95–18824 Filed 7–31–95; 8:45 am] BILLING CODE 4000±01±P not serve to make the protestants parties BILLING CODE 3810±FF±M to the proceeding. Any person wishing to become a party to a proceeding or to DEPARTMENT OF ENERGY participate as a party in any hearing DEPARTMENT OF EDUCATION Federal Energy Regulatory therein must file a motion to intervene Commission in accordance with the Commission’s [CFDA NO: 84.031G] Rules. [Docket No. CP95±632±000] Take further notice that, pursuant to Endowment Challenge Grant Program; the authority contained in and subject to Extension of Closing Date For Receipt Columbia Gas Transmission the jurisdiction conferred upon the of Applications for New Awards For Corporation; Notice of Application Federal Energy Regulatory Commission Fiscal Year 1995 Under the Endowment by Sections 7 and 15 of the Natural Gas Challenge Grant Program July 26, 1995. Take notice that on July 21, 1995, Act and the Commission’s Rules of The Department of Education Columbia Gas Transmission Corporation Practice and Procedure, a hearing will published a notice in the Federal (Columbia), 1700 MacCorkle Avenue, be held without further notice before the Register of June 10, 1994 (58 FR 50151) S.E., Charleston, West Virginia 25314– Commission or its designee on this that established June 16, 1995 as the 1599, filed in Docket No. CP95–632–000 application if no motion to intervene is closing date for submission of an application pursuant to Section 7(b) filed within the time required herein, if applications under the Endowment of the Natural Gas Act for permission the Commission on its own review of Challenge Grant Program. The and approval to abandon a the matter finds that permission and Department is reopening and extending transportation service for The Peoples approval for the proposed abandonment the application period to August 31, Natural Gas Company (Peoples) which are required by the public convenience 1995 to allow those institutions to apply was authorized in Docket No. CP77– and necessity. If a motion for leave to that have only recently been declared 354,1 all as more fully set forth in the intervene is timely filed, or if the eligible in response to the notice in the application on file with the Commission Commission on its own motion believes Federal Register of July 3, 1995 (60 FR and open to public inspection. that a formal hearing is required, further 34523). Columbia proposes to abandon a notice of such hearing will be duly Deadline for Transmittal of transportation service for Peoples which given. Applications: August 31, 1995. was being rendered under an agreement Under the procedure herein provided Deadline for Intergovernmental dated March 29, 1977, on file as for, unless otherwise advised, it will be Review: Not applicable. Columbia’s Rate Schedule X–59. The unnecessary for Columbia to appear or Applications Available: Applications transportation agreement for Rate be represented at the hearing. will be mailed to institutions newly Schedule X–59 provides that Columbia Lois D. Cashell, designated as eligible to apply for a receives into its Line 7917 in Fayette Secretary. grant under the Endowment Challenge County, Pennsylvania up to 170 Mcf per [FR Doc. 95–18760 Filed 7–31–95; 8:45 am] Grant Program. day of natural gas from Peoples and BILLING CODE 6717±01±M For Information Contact: Thomas transports this gas, less retainage, for the Keyes, U.S. Department of Education, account of Peoples to Columbia Gas of [Docket No. RP95±129±001] 600 Independence Ave., S.W., Suite Pennsylvania, Inc. at a delivery point 600–C, Portals Building, Washington, also in Fayette County. Columbia states Kern River Gas Transmission DC 20202–5337. Telephone: (202) 708– that volumes were last transported Company; Notice of Refund Report 8833, or (202) 708–8866. Individuals under Rate Schedule X–59 in May 1995 who use a telecommunications device and that Peoples has agreed to the July 26, 1995. for the deaf (TDD) may call the Federal cancellation and termination of the Take notice that on July 14, 1995, Information Relay Service (FIRS) at 1– transportation agreement for Rate Kern River Gas Transmission Company 800–877–8339 between 8 a.m and 8 Schedule X–59. Columbia further states (Kern River), filed its refund report p.m., Eastern time, Monday through made in compliance with the April 3, Friday. 1 See FPC 961 (1977). 1995 Stipulation and Consent Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39159 Agreement (Stipulation) in the above installed a delivery tap to serve the [Docket No. OR95±7±000] referenced docket and the Commission’s Washington Parish Utilities May 5, 1995 order approving the (Washington Parish), a local distribution Longhorn Partners Pipeline; Notice of Petition for Declaratory Order Stipulation. company, from Koch Gateway’s Kern River stated that on June 23, Bogalusa 10-inch line, designated as July 26, 1995. 1995, a total refund of $662,500.00 was Index 301–4, Washington Parish, Take notice that on June 30, 1995, sent to the Kern River’s firm Louisiana. Washington Parish AXIS Gas Corporation (AXIS), pursuant transportation customers. Kern River reimbursed Koch Gateway to Rule 207(a)(2) of the Commission’s apportioned the refund amounts based approximately $11,000 for the Rules of Practice and Procedure, 18 CFR upon the actual contract demands in installation of the facilities. Certification 387.207(a)(2), filed a request for a effect for each shipper for each month of the facilities will provide Washington declaratory order. during the period March 1, 1993 Parish with the additional flexibility of AXIS states that Longhorn through December 31, 1994. The report being able to use these facilities as a Partnerships Pipeline (LPP), a identifies each firm shipper, its delivery point on Washington Parish’s partnership being formed by Axis, aggregate contract demand during the intends to convert certain crude oil referenced period, its resulting blanket transportation agreements with Koch Gateway. pipeline facilities, which in conjunction allocation percentage, and the refund with new pipeline facilities to be amount. Koch Gateway proposes to provide constructed, will provide common Any person desiring to protect said Section 311 transportation service to carrier transportation service for refined filing should file a protest with the Washington Parish pursuant to § 284(B) petroleum products from the Gulf Coast Federal Energy Regulatory Commission, of the Commission’s Regulations. Once to El Paso, Texas—and through 825 North Capitol Street, N.E., these facilities are certificated Koch connecting pipelines into Arizona and Washington, D.C. 20426, in accordance Gateway will also provide jurisditional New Mexico. The existing pipeline with Rule 211 of the Commission’s transportation services pursuant to Koch facilities proposed to be converted to Rules of Practice and Procedure (18 CFR Gateway’s NNS rate schedule and its this new pipeline are currently owned 385.211). All such protests should be blanket transportation certificate issued and operated by Exxon Pipeline filed on or before August 2, 1995. in Docket No. CP88–6–000. Washington Company (EPC). EPC currently moves Protests will be considered by the Parish estimates that its average daily crude oil on these facilities from West Commission in determining the requirements at this point are 5 MMBtu. Texas (Crane, TX) to the Houston, Texas appropriate action to be taken, but will The volume delivered to this new point (Baytown, TX) area. not serve to make protestants parties to under the firm agreement will be within AXIS and its financial partner signed the proceeding. Copies of the filing are a letter of intent to purchase the on file with the Commission and are the certificated entitlement of that existing service. pipeline facilities owned by EPC on available for public inspection. June 9, 1995. That letter provides that a Lois D. Cashell, Koch Gateway further states it will binding purchase and sale agreement Secretary. operate the proposed facilities in must be entered into by a certain date. [FR Doc. 95–18783 Filed 7–31–95; 8:45 am] compliance with 18 CFR Part 157, In the event that, before such date, the BILLING CODE 6717±01±M Subpart F, and that it has sufficient Commission has not declared that LPP capacity to render the proposed service will be allowed to include the full without detriment or disadvantage to its purchase price paid for these facilities [Docket No. CP95±628±000] other existing customers. in its cost-of-service calculations, AXIS Koch Gateway Pipeline Company; Any person or the Commission’s staff will be unable to go forward with the Request Under Blanket Authorization may, within 45 days after issuance of contemplated project and the terms of the instant notice by the Commission, the proposed agreement will expire. July 26, 1995. file pursuant to Rule 214 of the Notwithstanding that AXIS and its Take notice that on July 19, 1995, Commission’s Procedural Rules (18 CFR financial partner would continue to Koch Gateway Pipeline Company (Koch 385.214) a motion to intervene or notice believe that the project would be Gateway), P.O. Box 1478, Houston, of intervention and pursuant to commercially viable (apart from Texas 77251–1478 filed in Docket No. § 157.205 of the Regulations under the regulatory considerations), and CP95–628–000 a request pursuant to notwithstanding the material benefits Natural Gas Act (18 CFR 157.205) a §§ 157.205 and 157.211 of the that the project would confer on protest to the request. If no protest is Commission’s Regulations under the shippers and consumers of petroleum Natural Gas Act (18 CFR 157.205, filed within the time allowed therefor, products in the Southwest, AXIS and its 157.211) for authorization to seek the proposed activity shall be deemed to financial partner would be unwilling to certificate authority to operate an be authorized effective the day after the assume the regulatory risk that LPP existing delivery tap as a jurisdictional time allowed for filing a protest. If a would not be allowed to recover the facility, under Koch Gateway’s blanket protest is filed and not withdrawn purchase price paid to EPC. certificate issued in Docket No. CP82– within 30 days after the time allowed Accordingly, AXIS requests that this 430–000 pursuant to Section 7 of the for filing a protest, the instant request matter be handled on an expedited Natural Gas Act, all as more fully set shall be treated as an application for basis. forth in the request that is on file with authorization pursuant to Section 7 of Any person desiring to be heard or to the Commission and open to public the Natural Gas Act. protest said filing should file a motion inspection. Lois D. Cashell, to intervene or protest with the Federal Koch Gateway requests authorization Secretary. Energy Regulatory Commission, 825 to place into jurisdictional service a [FR Doc. 95–18779 Filed 7–31–95; 8:45 am] North Capitol Street, NE., Washington, two-inch tap constructed under Section DC 20426, in accordance with 18 CFR 311(a) of the NGPA and § 284.3(c) of the BILLING CODE 6717±01±M 385.214 and 385.211 of the Commission’s Regulations. Koch Commission’s Rules an Regulations. All 39160 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices such motions or protests should be filed Commission will address other issues as requiring all power marketers to pay on or before August 15, 1995. Protests they become ripe for resolution. annual charges. The Electric Power will be considered by the Commission Monitoring Group argues, among other Requests for Rehearing of November 8 in determining the appropriate action to things, that: (1) The Commission has not Order be taken, but will not serve to make adequately justified its departure from protestants parties to the proceeding. On December 8, 1994, MS Capital past policy and precedent pursuant to Any person wishing to become a party filed a request for rehearing and which it previously declined to assess must file a motion to intervene. Copies modification of and for interim relief power marketers annual charges; (2) the of this filing are on file with the from the November 8 Order. MS Capital Commission has limited jurisdiction Commission and are available for public seeks relief from the November 8 Order over power marketers, which does not inspection in the public reference room. in two respects. First, MS Capital asks warrant subjecting them to the annual Lois D. Cashell, the Commission to reverse its decision charge requirement; (3) the Commission Secretary. to require MS Capital to report business does not devote significant resources to and financial arrangements between it [FR Doc. 95–18781 Filed 7–31–95; 8:45 am] the regulation of power marketers as to (or an affiliate) and any entity that buys BILLING CODE 6717±01±M justify subjecting them to the annual from or sells power to it, or at least to charge requirement; 2 and (4) subjecting grant interim relief from that reporting power marketers to the annual charge [Docket Nos. ER94±1384±001, ER94±1450± requirement pending the outcome of the requirement effectively discriminates 004, ER94±1685±001, ER94±1690±001, generic proceeding announced in the against power marketers, which will not ER94±1691±002, ER95±393±001] November 8 Order. MS Capital argues, be able to recover the annual charges in among other things, that compliance Morgan Stanley Capital Group Inc., a cost of service rate as do other public with the requirement to report business utilities subject to the annual charge Coastal Electric Services Company, and financial arrangements would be Citizens Lehman Power Sales, requirement. needlessly onerous and would inhibit On December 8, 1994, Citizens Engelhard Power Marketing, Inc., AIG the participation of experienced and Trading Corporation, CLP Hartford Lehman Power Sales (CL Sales) also highly qualified financial companies filed a motion for leave to intervene out- Sales, L.L.C.; Order Granting such as MS Capital in the markets for Rehearing in Part and Denying of-time and a request for rehearing of wholesale sales of electricity. MS the November 8 Order. CL Sales asks the Rehearing in Part, Announcing Capital also questions whether the Commission, pending its generic Elimination of Power Marketer business and financial arrangements proceeding, to drop the business and Business and Financial Arrangements reporting requirement would provide financial arrangements reporting Reporting Requirement, and Providing the Commission and its staff with any requirement and to rely upon existing Guidance on Determining ``Affiliation'' meaningful data that could be used to complaint procedures. If the Under Part II of the Federal Power Act detect reciprocal dealing. If the Commission decides to maintain the Commission does not reverse or stay Issued July 26, 1995. reporting requirement in the interim, CL application of the business and financial Before Commissioners: Elizabeth Anne Sales asks the Commission to clarify arrangements reporting requirement, MS Moler, Chair; Vicky A. Bailey, James J. that its decision to exclude transitory Capital proposes several limitations to Hoecker, William L. Massey, and Donald F. holdings in connection with investment Santa, Jr. the scope of that requirement. Second, MS Capital asks the or merchant banking, market-making, or Background Commission to reverse, or defer, its asset management activities for In a November 8, 1994 order issued in holding that power marketers are purposes of determining generation 3 Docket No. ER94–1384–000, Morgan subject to the Commission’s annual dominance also applies to the business Stanley Capital Group, Inc., 69 FERC charge requirement. MS Capital asks the and financial arrangements reporting ¶ 61,175 (1994) (November 8 Order), the Commission, at a minimum, to defer its requirement. Commission accepted for filing the decision to collect annual charges from On December 9, 1994, Calpine Power application of Morgan Stanley Capital power marketers for a start-up (e.g., Marketing Inc. (Calpine) filed a motion Group Inc. (MS Capital) for three-year) period ‘‘until power for leave to intervene out-of-time and a authorization to engage in wholesale marketers are better established,’’ after request for clarification of the November electric energy transactions as a which time the Commission could 8 Order. Like CL Sales, Calpine asks the marketer at market-based rates. In the evaluate ‘‘whether power marketers Commission to clarify that the November 8 Order, the Commission impose regulatory burdens on the November 8 Order’s exclusion of denied MS Capital’s request for relaxed Commission comparable to the burdens transitory holdings for purposes of reporting requirements and imposed the created by regulation of utilities with assessing market power is equally same filing and reporting requirements cost-based rates.’’ MS Capital Rehearing applicable to reciprocal dealing as those applicable to other power Request at 3, 18. concerns and thus also applies to the marketers. The Commission announced On December 8, 1994, the Electric business and financial arrangements that it would reconsider these reporting Power Monitoring Group and its reporting requirement. requirements in a future generic individual members 1 filed a motion to On July 7, 1995, MS Capital filed a proceeding applicable to all public intervene out-of-time and a request for motion for interim relief from the utilities selling power at market-based rehearing of the November 8 Order. The 2 rates. The Commission also denied MS Electric Power Monitoring Group seeks The Electric Power Monitoring Group argues that the Commission has failed to supply Capital’s request for waiver of the rehearing of the Commission’s ruling documentation to support its claim that it ‘‘can annual charge obligation and clarified spend as much (if not more) time evaluating power that such obligation is applicable to all 1 The members of the Electric Power Monitoring marketer requests as it can other types of rate power marketers. Group joining in the pleading are Enron Power applications.’’ 69 FERC at 61,697. The Electric Marketing, Inc., Valero Power Services Company, Power Monitoring Group submits that such an These cases present an appropriate Electric Clearinghouse, Inc., Intercontinental Energy analysis should be performed in a rulemaking vehicle for addressing the major issues Corporation, and KCS Energy Management proceeding of general applicability. in the November 8 Order. The Services, Inc. 3 See 69 FERC at 61,693. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39161 business and financial arrangements marketer. 69 FERC at 61,694.5 This not just to MS Capital, but to all other reporting requirement and for prompt reporting requirement was designed to power marketers with authorization to initiation and completion of the generic assist the Commission in detecting engage in wholesale electric energy reporting requirements proceeding. MS reciprocal dealing. transactions at market-based rates, Capital again asks the Commission, We have given careful consideration including, but not limited to, the power pending the outcome of the generic to the concerns voiced by MS Capital marketer applicants in Docket Nos. proceeding announced in the November (and other power marketers) that the ER94–1450, ER94–1685, ER94–1690, 8 Order, to stay the business and costs and burdens of the business and ER94–1691, and ER95–393.8 financial arrangements reporting financial arrangements reporting Determination of Affiliation requirement or to limit its scope. requirement far outweigh any possible As we explain below, we will grant benefits of such reporting. We find that In the November 8 Order, the MS Capital’s request for rehearing MS Capital has raised valid concerns as Commission directed MS Capital, as a concerning the business and financial to, among other things, the breadth of condition to authorization to transact at arrangements reporting requirement.4 such reporting requirement, the market-based rates, to report, among With the issuance of this order, we will ‘‘potentially impossible compliance other things, affiliation with any entity no longer require MS Capital, or any burden’’ that the requirement imposes that owns generation or transmission power marketer with market-rate on marketers such as MS Capital that facilities or inputs to electric power authority, to report business and are ‘‘involved in numerous, disparate production, or affiliation with any entity financial arrangements between the investments and business arrangements that has a franchised service area. 69 marketer (or an affiliate of the marketer) pertaining to thousands of different FERC at 61,695. The Commission also 6 and the entities that buy power from, business matters,’’ and the adequacy of directed MS Capital to revise its sell power to, or transmit power on the resulting data in detecting reciprocal proposed rate schedule to eliminate all behalf of, the marketer. We also provide dealing. sales to affiliates at market-based rates.9 guidance in this order concerning the On this basis, we conclude that the Indicating that it has not yet determined business and financial arrangements determination of affiliation under Part II affiliation under Part II of the FPA based reporting requirement imposes costs of the Federal Power Act (FPA). Further, on a bright line test, the Commission and burdens on power marketers (in we will deny the requests for rehearing directed MS Capital, ‘‘until the terms of compiling and filing the data) of our decision in the November 8 Order Commission provides more guidance,’’ as well as on the Commission (in terms to apply the annual charge obligation to to determine affiliation by applying the of reviewing the data for the purpose of all power marketers. definition set forth in the Uniform detecting reciprocal dealing) that are not System of Accounts. 69 FERC at 61,693 Discussion justified by the potential benefits of n.4. Under that definition, ‘‘affiliated such reporting. As a result, although the Pursuant to Rule 214 of the companies’’ are defined as ‘‘companies possibility of reciprocal dealing remains Commission’s Rules of Practice and or persons that directly, or indirectly a valid concern, we do not believe that Procedure, 18 CFR 385.214 (1995), the through one or more intermediaries, the business and financial arrangements Commission finds that the late control, or are controlled by, or are reporting requirement is an effective under common control with, the interventions in this proceeding of CL means of detecting such behavior by Sales, the Electric Power Monitoring [subject] company.’’ 18 CFR Part 101, power marketers. Rather, we believe Definitions, 5. Group (and its individual members that this matter can be appropriately identified supra note 1), and Calpine We take this opportunity to provide addressed through a complaint further guidance to MS Capital, and to will not prejudice the interests of any mechanism. all public utilities,10 concerning the party and that good cause exists to In several orders issued in the other determination of affiliation under Part II permit the late interventions. dockets that are captioned in this order, we indicated that the same reporting of the FPA. The Commission believes Business and Financial Arrangements that it is appropriate, in the move Reporting Requirement requirements and reporting options that the Commission imposed on MS Capital toward competitive bulk power markets, We will grant MS Capital’s request for apply to other power marketers with to adopt a definition of affiliation that rehearing with regard to the business market-based rate authority.7 Consistent and financial arrangements reporting 8 Of course, the elimination of the business and with our holdings in that regard, we financial arrangements reporting requirement requirement. We will, effective as of the clarify that our decision to eliminate the should not be construed as affecting, in any way, date of issuance of this order, no longer business and financial arrangements a power marketer’s obligation to file quarterly require power marketers to comply with reporting requirement, effective on the transaction reports. See infra note 15 (discussing that reporting requirement. the need for power marketers to file reports of date of issuance of this order, applies jurisdictional transactions). As the Commission explained in the 9 The Commission noted that its decision in this November 8 Order, the Commission has 5 See, e.g., Louis Dreyfus Electric Power, Inc., 61 regard was consistent with recent orders in which required power marketers, as a FERC ¶ 61,303 (1992). In Enron Power Marketing, the marketer voluntarily agreed to a ban on sales condition of market rate approval, to Inc., 65 FERC ¶ 61,305 (1993), order on clarification to affiliates in order to ameliorate any possible and reh’g, 66 FERC ¶ 61,244 (1994), the concern for affiliate abuse. 69 FERC at 61,694 n.5. report business and financial Commission limited the reporting requirement to See Heartland Energy Services, Inc., 68 FERC arrangements involving the marketer (or the activities of any affiliates located or doing ¶ 61,223 at 62,063 (1994) (Heartland); InterCoast an affiliate of the marketer) and the business in the United States, Puerto Rico, Canada, Power Marketing Company, 68 FERC ¶ 61,248 at entities that buy power from, sell power and Mexico. 62,133 (1994); LG&E Power Marketing Inc., 68 FERC 6 to, or transmit power on behalf of, the MS Capital Rehearing Request at 4, 5. ¶ 61,247 at 62,123 (1994). At the same time, the 7 See Engelhard Power Marketing, Inc., 70 FERC Commission explained that the general ban on sales ¶ 61,250 (1995) (Engelhard); CLP Hartford Sales, to affiliates ‘‘is without prejudice to MS Capital 4 In light of our decision to eliminate altogether L.L.C., 71 FERC ¶ 61,127 (1995) (CLP Hartford); AIG filing in the future a specific proposal to sell power the business and financial arrangements reporting Trading Corporation, 71 FERC ¶ 61,148 (1995) to an affiliate, which would provide the requirement for power marketers, we will dismiss (AIG); Citizens Lehman Power Sales, 71 FERC Commission with an opportunity to consider the as moot the requests of CL Sales and Calpine for ¶ 61,149 (1995) (Citizens Lehman); Coastal Electric possibility of affiliate abuse in the context of a rehearing and clarification, respectively, as to the Services Company, 71 FERC ¶ 61,374 (1995) specific transaction.’’ 69 FERC at 61,694. scope of that requirement. (Coastal). 10 See 16 U.S.C. 824(e) (1988). 39162 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices will provide greater certainty to all November 8 Order, ‘‘there is no reason We also disagree with the contention market participants. To this end, we to ascribe generation ownership or of the Electric Power Monitoring Group announce that all non-EWG public control to MS Capital because of that the Commission has not adequately utilities should, effective as of the date transitory holdings of electric utility justified its decision to overturn its of this order, define ‘‘affiliate’’ as that stocks by Morgan Stanley 13 in earlier statement in Howell Gas term is used in the Commission’s connection with investment or Management Company, 40 FERC regulations regarding Standards of merchant banking, market-making, or ¶ 61,336 (1987) (Howell Gas) that Conduct for Interstate Pipelines with asset management activities.’’ Id. at ‘‘annual charges are not occasioned if a Marketing Affiliates, for matters arising 61,693. utility is exempt from the requirements under Part II of the FPA.11 Under § 161.2 to file Form No. 1’’ (40 FERC at 62,025 Annual Charge Requirement of the Commission’s regulations, a n.8). As the Commission explained in voting interest of 10 percent creates a We will deny rehearing of the the November 8 Order: requests of MS Capital and the Electric rebuttable presumption of control for At the time of Commission action in purposes of determining the existence of Power Monitoring Group for waiver of Howell Gas, annual charges comprised only an affiliate relationship. the Commission’s annual charge a small portion of the Commission’s fee We recognize that Congress, in requirement established in Part 382 of assessment program, while most of the promulgating section 214 of the FPA,12 the Commission’s regulations. We Commission’s revenues were collected as as added by the Energy Policy Act of addressed this issue in detail in the filing fees assessed on individual 1992, specified that the Commission November 8 Order, where we stated: applications. Since then, the Commission has must use the Public Utility Holding eliminated most of its filing fees and now There is no reason that public utilities that recovers the bulk of its revenues as annual Company Act of 1935 (PUHCA) section are power marketers should not pay their fair 2(a) definition of ‘‘affiliate’’ (which, charges established in section 382 of the share of the Commission’s annual charges. regulations. Therefore, a material change in inter alia, contains a 5 percent voting Indeed, waiver of annual charges for power circumstances has occurred subsequent to interest test) for purposes of marketers would give them a benefit that Howell Gas, and we specifically overturn our determining whether an electric utility other public utilities do not enjoy and would statement quoted above. is an affiliate of an EWG for purposes of result in such utilities picking up those costs evaluating EWG rates. Therefore, all incurred by the Commission in regulating 69 FERC at 61,697. EWG public utilities should, as of the power marketers. The Electric Power Monitoring Group effective date of this order, use the 69 FERC at 61,697.14 objects that the Commission, in PUHCA section 2(a) definition of Neither MS Capital nor the Electric ‘‘conclusory fashion,’’ determined that ‘‘affiliate’’ for matters arising under Part Power Monitoring Group has presented the shift in emphasis from filing fees to II of the FPA. However, we do not any persuasive reasons for us to depart annual charges constitutes a ‘‘material believe there is any reason for the from this conclusion or to defer our change in circumstances’’ and ‘‘offered decision to collect annual charges from no analysis supporting’’ this Commission to adopt the same 16 affiliation standard for public utilities power marketers. We disagree with MS determination. We find this argument that are not EWGs. Instead, we believe Capital’s and the Electric Power to be without support. We believe that that the 10 percent rebuttable Monitoring Group’s assertions that the shift from filing fees to annual presumption that the Commission has Commission jurisdiction over power charges on its face constitutes a material adopted for determining affiliation of marketers somehow is more ‘‘limited’’ change in circumstances. Moreover, as natural gas marketers with interstate than its jurisdiction over other FERC- we made clear in the November 8 Order, pipelines is also appropriate for jurisdictional public utilities, and their the annual charges at issue in Howell determining affiliation for non-EWG belief that the time and resources Gas were assessed under the now- public utilities. expended on regulation of power deleted section 36.1 of the We reiterate here our holding in the marketers are so insignificant as to Commission’s regulations, the November 8 Order that, for purposes of compel waiver of the annual charge predecessor to current section 382. As complying with the requirement to requirements for this entire class of we noted, ‘‘[a]t no time has any report affiliation with any entity that public utilities (to the detriment of other marketer successfully requested, or has owns generation or transmission classes of public utilities).15 the Commission granted, waiver of facilities or inputs to electric power section 382.’’ Id. at 61,697 n.12. In these production, MS Capital ‘‘need not report 13 As used in the November 8 Order, the term circumstances, we believe that the the mere transitory holdings of its ‘‘Morgan Stanley’’ refers to any and all Morgan Commission has amply explained its Stanley Group Inc. affiliates other than MS Capital. affiliates in electric facilities and decision to subject power marketers to See 69 FERC at 61,691. the annual charge requirement. inputs.’’ 69 FERC at 61,695. However, 14 In several orders issued subsequent to the MS Capital must ‘‘report all of its own November 8 Order, we have denied rehearing of The Commission Orders investments in electric facilities and requests by other power marketers for waiver of the inputs.’’ Id. As we stated in the annual charge requirement. See, e.g., Citizens (A) The motions to intervene out-of- Lehman, 71 FERC at 61,475; AIG, 71 FERC at time of CL Sales, the Electric Power 61,473; CLP Hartford, 71 FERC at 61,409. Monitoring Group, and Calpine are 11 18 CFR 161.2 (1995). Section 161.2(a) defines 15 For example, the Electric Power Monitoring ‘‘affiliate’’ as ‘‘another person which controls, is Group incorrectly asserts that the quarterly hereby granted. controlled by, or is under common control with, transaction reports that power marketers are (B) The requests for rehearing and such person.’’ Section 161.2(b) states that ‘‘control required to file with the Commission ‘‘are collected clarification of the November 8 Order (including the terms ‘controlling,’ ‘controlled by,’ simply to maintain potential evidence in the event are hereby granted in part and denied in and ‘under common control with’) . . . includes, of a complaint being filed against a power but is not limited to, the possession, directly or marketer.’’ Electric Power Monitoring Group indirectly and whether acting alone or in Rehearing Request at 7. As the Commission has (1988), and to allow the Commission to evaluate the conjunction with others, of the authority to direct previously indicated, ‘‘the requirement that reasonableness of the charges and to provide for or cause the direction of the management or marketers file quarterly reports detailing the ongoing monitoring of the marketer’s ability to policies of a company. A voting interest of 10 purchase and sale transactions undertaken in the exercise market power.’’ Heartland, 68 FERC at percent or more creates a rebuttable presumption of prior quarter is necessary to ensure that contracts 62,065–66. control.’’ relating to rates and services are on file, as required 16 Electric Power Monitoring Group Rehearing 12 16 U.S.C.A. 824m (West Supp. 1995). by section 205(c) of the FPA, 16 U.S.C. 824d(c) Request at 4. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39163 part (or dismissed) as discussed in the appropriate action to be taken, but will 3. Northern Indiana Public Service body of this order. not serve to make protestants parties to Company By the Commission. the proceeding. Copies of this filing are [Docket No. ER95–1140–000] Lois D. Cashell, on file with the Commission and are available for public inspection. Take notice that on July 5, 1995, Secretary. Northern Indiana Public Service Lois D. Cashell, [FR Doc. 95–18830 Filed 7–31–95; 8:45 am] Company tendered for filing additional Secretary. BILLING CODE 6717±01±P information to its May 31, 1995 filing in [FR Doc. 95–18782 Filed 7–31–95; 8:45 am] the above-referenced docket. BILLING CODE 6717±01±M [Docket Nos. RP95±326±000 and RP95±242± Comment date: August 8, 1995, in 000] accordance with Standard Paragraph E [Docket No. EL95±64±000, et al.] at the end of this notice. Natural Gas Pipeline Company of 4. PacifiCorp America; Continuing Technical Freedom Energy Company, et al.; Conference Electric Rate and Corporate Regulation [Docket No. ER95–1146–000] Filings Take notice that on July 17, 1995, July 25, 1995. PacifiCorp tendered for filing an Take notice that the technical July 25, 1995. amendment in the above-referenced conference in this proceeding which Take notice that the following filings docket. was convened on July 13, 1995, will have been made with the Commission: continue on Thursday, August 3, 1995, Comment date: August 8, 1995, in 1. Freedom Energy Company at 9:30 a.m., in the Commission Meeting accordance with Standard Paragraph E Room at the Federal Energy Regulatory [Docket No. EL95–64–000] at the end of this notice. Commission, 825 North Capitol Street Take notice that on July 14, 1995, 5. Wisconsin Electric Power Company NE., Washington, DC 20426. All Freedom Energy Company, (Freedom) Northern States Power Company interested persons and staff are tendered for filing a Petition for (Minnesota), and Northern States permitted to attend. Declaratory Ruling and Request for Power Company (Wisconsin)) Lois D. Cashell, Expedition. Freedom states that it seeks [Docket No. ER95–1357–000] Secretary. a declaratory ruling that: (i) It will be Take notice that on July 10, 1995, [FR Doc. 95–18784 Filed 7–31–95; 8:45 am] eligible to apply under Transmission Wisconsin Electric Power Company BILLING CODE 6717±01±M Service Tariff No. 1—Long-Term Firm Transmission Service (‘‘Tariff No. 1’’) (WEPCO), Northern States Power for transmission services of its Company (Minnesota) NSP, and [Docket No. RP95±188±001] purchased power over Public Service Northern States Power Company Company of New Hampshire’s (Wisconsin) (NSP–W) (together, ‘‘the NorAm Gas Transmission Company; (‘‘PSNH’’) transmission facilities to Applicants’’) jointly filed an ‘‘Amended Notice of Compliance Filing Freedom’s distribution facilities for and Restated Agreement to Coordinate July 26, 1995. resale to Freedom’s retail customers and Planning and Operations and Take notice that on April 14, 1995, (ii) as a New Hampshire public utility, Interchange Power and Energy Between pursuant to the Commission’s order Freedom will be eligible to apply for an Northern States Power Company and issued on March 30, 1995,1 NorAm Gas order under Section 211 and 212(h) of Wisconsin Energy Company’’ Transmission Company (NorAm), the Federal Power Act (FPA) directing (‘‘Interchange Agreement’’). tendered for filing materials supporting PSNH to provide Freedom with Since 1970, NSP and NSP–W have its claim of $65 million in take-or-pay transmission services. coordinated the planning and operation and contract reformation costs. Comment date: August 8, 1995, in of their combined electric system, and NorAm states that as required by the accordance with Standard Paragraph E equalized the production and Order, slip op. at 4 and Ordering at the end of this notice. transmission costs of that system, under Paragraph (C), NorAm is submitting an Agreement to Coordinate Planning 2. United States Department of Energy and Operations and Interchange Power supporting documentation to enable the Western Area Power Administration Commission to determine that the costs and Energy. (Salt Lake City Area Office) v. Public On April 28, 1995, NSP and proposed for recovery relate to the Service Company of New Mexico ) settlements underlying the two previous Wisconsin Energy Corporation, the filings in Docket Nos. RP93–88–000 and [Docket No. EL95–65–000] parent company of WEPCO, entered into RP94–166–000, along with proof of Take notice that on July 18, 1995, the an agreement to merge. Under the NorAm’s payment of the subject $65 Western Area Power Administration merger agreement, NSP–W and WEPCO million. (Western) of the United States will merge to form Wisconsin. Any person desiring to protest said Department of Energy tendered for filing Following the merger, WEC and NSP filing should file a protest with the a Complaint for Rate Relief from the will operate as subsidiaries of Primergy Federal Energy Regulatory Commission, Public Service Company of New Mexico Corp., a registered holding company. 825 North Capitol Street NE., (PNM). Western is seeking relief from The principal purpose of the filing in Washington, DC 20426, in accordance the rate it presently pays PNM for the this docket is to add WEC as a party to with Rule 211 of the Commission’s firm point-to-point transmission service the current NSP Interchange Agreement Rules of Practice and Procedure 18 CFR under Amendment No. 1 to Contract No. and thereby permit the Primergy system 385.211. All such protests should be 8–07–40–P0695. to operate in the same coordinated filed on or before August 2, 1995. Comment date: August 24, 1995, in manner, and share production and Protests will be considered by the accordance with Standard Paragraph E transmission costs on the same basis, as Commission in determining the at the end of this notice. Answers to the the NSP system currently does. complaint shall be due on or before The Applicants have requested that 1 70 FERC ¶ 61,368. August 24, 1995. this proceeding be consolidated with 39164 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices the Section 203 proceeding relating to by calling the project manager listed 1995, Peoples notified Natural that approval of the proposed merger. below. Natural’s rescheduling of deliveries Copies of the filing were served on Please submit any comments within service for Peoples under the Agreement each of the state commissions that 30 days from the date of this notice. Any and Natural’s Rate Schedule X–91 was regulate the Applicants’ electric rates comments, conclusions, or no longer required. The service, it is and each of the Applicants’ wholesale recommendations that draw upon said, is performed under the Agreement customers. studies, reports or other working papers and Natural’s Rate Schedule X–91, Comment date: August 8, 1995, in of substance should be supported by authorized in Docket No. CP77–515. accordance with Standard Paragraph E appropriate documentation. Comment date: August 15, 1995, in Comments should be addressed to at the end of this notice. accordance with Standard Paragraph F Lois D. Cashell, Secretary, Federal at the end of this notice. Standard Paragraph Energy Regulatory Commission, 825 E. Any person desiring to be heard or North Capitol Street, N.E., Washington, 2. Equitrans, Inc. to protest said filing should file a D.C. 20426. Please affix Project No. [Docket No. CP95–609–000] motion to intervene or protest with the 6901–026 to all comments. For further Federal Energy Regulatory Commission, information, please contact the project Take notice that on July 11, 1995, 825 North Capitol Street NE., manager, Ms. Monica Maynard, at (202) Equitrans, Inc. (Equitrans), 3500 Park Washington, DC 20426, in accordance 219–2652. Lane, Pittsburgh, Pa 15275–1102, filed with Rules 211 and 214 of the Lois D. Cashell, in Docket No. CP95–609–000 an Commission’s Rules of Practice and Secretary. application pursuant to Section 7(c) of Procedure (18 CFR 385.211 and 18 CFR [FR Doc. 95–18831 Filed 7–31–95; 8:45 am] the Natural Gas Act for authorization to 385.214). All such motions or protests BILLING CODE 6717±01±M place in service certain facilities to should be filed on or before the permit the development and operation comment date. Protests will be of additional storage capacity ad considered by the Commission in [Docket No. CP95±597±000, et al.] deliverability at its existing Hunters determining the appropriate action to be Natural Gas Pipeline Company of Cave storage field, Green County, taken, but will not serve to make America, et al.; Natural Gas Certificate Pennsylvania and to provide protestants parties to the proceeding. Filings incremental firm gas storage service to Any person wishing to become a party customers on a non-discriminatory must file a motion to intervene. Copies July 25, 1995. open-access basis, effective immediately of this filing are on file with the Take notice that the following filings upon issuance for use during the 1995– Commission and are available for public have been made with the Commission: 96 winter heating season, all as more inspection. fully set forth in the application which Lois D. Cashell, 1. Natural Gas Pipeline Company is on file with the Commission and open Secretary. [Docket No. CP95–597–000 of America] to public inspection. [FR Doc. 95–18828 Filed 7–31–95; 8:45 am] Take notice that on July 3, 1995, Equitrans states that through storage BILLING CODE 6717±01±P Natural Gas Pipeline Company of deliverability restoration activities America (Natural), 701 East 22nd Street, undertaken pursuant to its Part 157 Lombard, Illinois, 60148, filed in Docket blanket certificate, the work performed [Project No. 6901±026 West Virginia] No. CP95–597–000 an application has added 500,000 Mcf of working pursuant to Section 7(b) of the Natural storage capacity to the Hunters Cave City of New Martinsville, WV; Notice of Gas Act for permission and approval to reservoir. Equitrans states further that Availability of Draft Environmental abandon a rescheduling of deliveries Commission approval is sought to put Assessment service provided for The Peoples Gas the new and reworked wells in service Light and Coke Company (Peoples), all in order to allow Equitrans to use the July 26, 1995. as more fully set forth in the application additional working gas created by these A draft environmental assessment which is on file with the Commission facilities during the 1995–96 winter (DEA) is available for public review. and open to public inspection. heating season. Equitrans avers that the The DEA is for an application to amend Natural states that pursuant to a use of these facilities this winter would the license for the New Cumberland rescheduling of deliveries agreement give Equitrans increased reliability and Hydroelectric Project. The application is dated August 3, 1977 between Natural flexibility in operating its system for the to reduce the spillflow requirement at and Peoples (Natural’s Rate Schedule benefit of all customers and would the project. The DEA finds that approval X–91), it rescheduled deliveries of up to allow the storage capacity to be offered of the application would not constitute 1,000,000 Mcf of sales gas sold to to those customers participating in an a major federal action significantly Peoples under Natural’s Rate Schedule opening season for service to begin affecting the quality of the human DMQ–1 during the period of March 1 November 1, 1995. environment. The New Cumberland through October 31 of each year and Hydroelectric Project is located on the delivered such gas for the account of Equitrans states that the incremental Ohio River in Hancock County, West Peoples to Michigan Wisconsin Pipe storage service would be offered on a Virginia and Jefferson County Ohio. Line Company, now known as ANR non-discriminatory open-access basis The DEA was written by staff in the Pipeline Company (ANR), near pursuant to Part 284, Subpart G of the Office of Hydropower Licensing, Woodstock located in McHenry County, Commission’s Regulations. The service, Federal Energy Regulatory Commission. Illinois, at a daily rate of 5,000 Mcf it is said, would be offered under Copies of the DEA can be viewed at the together with an additional volume of Equitrans’ existing Rate Schedule Commission’s Reference and gas for compressor fuel equal to five 115SS. Information Center, Room 3308, 941 percent (5%) of the volume delivered. Comment date: August 15, 1995, in North Capitol Street, N.E., Washington, Natural further states that by a letter accordance with Standard Paragraph F D.C. 20426. Copies can also be obtained of Peoples to Natural dated May 22, at the end of this notice. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39165 3. Texas Eastern Transmission customer have consented to the Natural Gas Act (NGA) for authorization Corporation abandonment which will cost $10,797. to construct and operate a new delivery [Docket No. CP95–617–000] Comment date: September 8, 1995, in point, authorized in blanket certificate accordance with Standard Paragraph G issued in Docket No. CP82–401–000, all Take notice that on July 14, 1995, at the end of this notice. as more fully set forth in the request on Texas Eastern Transmission Corporation file with the Commission and open to (Texas Eastern), 5400 Westheimer Court, 5. Northern Natural Gas Company public inspection. Houston, Texas 77056–5310, filed in [Docket No. CP95–629–000] Northern proposes to install and Docket No. CP95–617–000 a request Take notice that on July 20, 1995, operate a new delivery point, the pursuant to § 157.205 of the # Northern Natural Gas Company Medford TBS 2, in Steel County, Commission’s Regulations under the Minnesota to accommodate natural gas Natural Gas Act (18 CFR 157.205) for (Northern), 1111 South 103rd Street, Omaha, Nebraska 68124–1000, filed in deliveries to Northern States Power- authorization to construct a new Minnesota (NSP-M). NSP-M has delivery point in Clinton County, Docket No. CP95–629–000, a request pursuant to §§ 157.205 and 157.212 of requested the construction of the Pennsylvania for National Fuel Gas proposed delivery point to serve a new Distribution (National Fuel), under the Commission’s Regulations under the Natural Gas Act (18 CFR 157.205 and customer, the Jerome Foods Plant. The Texas Eastern’s blanket certificate estimated cost to construct the proposed issued in Docket No. CP82–535–000 157.212) for authorization to install and # operate a new delivery point located in Medford TBS 2 would be $50,000. pursuant to Section 7 of the Natural Gas Comment date: September 8, 1995, in Act, all as more fully set forth in the Dodge County, Minnesota, to accommodate natural gas deliveries to accordance with Standard Paragraph G request which is on file with the at the end of this notice. Commission and open to public Al-Corn Clean Fuels, Inc. (Al-Corn), inspection. under Northern’s blanket certificate 7. Northwest Pipeline Corporation Texas Eastern states that cost of the issued in Docket No. CP82–401–000, [Docket No. CP95–635–000] pursuant to Section 7(c) of the Natural facility would be approximately Take notice that on July 21, 1995, Gas Act, all as more fully set forth in the $1,000,721 and that National Fuel Northwest Pipeline Corporation request which is on file with the would reimburse Texas Eastern for 50% (Northwest), P.O. Box 58900, Salt Lake Commission and open to public of actual costs and expenses for the City, Utah 84158–0900, filed in Docket inspection. filter separator and its installation. No. CP95–635–000 a request pursuant to Northern states that the proposed Texas Eastern states further that the §§ 157.205 and 157.211 of the delivery point will be used to proposed facilities would allow Texas Commission’s Regulations under the accommodate natural gas deliveries to Eastern to deliver an additional 45,000 Natural Gas Act (18 CFR 157.205 and Al-Corn for use in its plant near Dth/d to National Fuel pursuant to Rate 157.211) for authorization to construct Claremont, Minnesota. Northern Schedule IT–1. The proposed delivery and operate a crossover tie-in between point, it is said, would have no effect on explains that it will provide service to an existing meter station and Texas Eastern’s peak day or annual Al-Corn pursuant to Northern’s existing Northwest’s 24-inch mainline loop in deliveries and would be accomplished transportation rate schedules and a Baker County, Oregon, under the without detriment or disadvantage to transportation service agreement. blanket certificate issued in Docket No. Texas Eastern’s other customers. Northern relates that the proposed CP82–433–000, pursuant to Section 7(c) Comment date: September 8, 1995, in volumes to be delivered to Al-Corn at # of the Natural Gas Act, all as more fully accordance with Standard Paragraph G the Al-Corn 1 TBS delivery point are set forth in the request which is on file at the end of this notice. 1,200 Mcf on a peak day and 438,000 with the Commission and open to Mcf on an annual basis. Northern 4. NorAm Gas Transmission Company public inspection. estimates the cost of constructing the Northwest states that the Durkee [Docket No. CP95–620–000] delivery point at $135,000. Meter Station in Baker County, Oregon, Take notice that on July 17, 1995, Northern advises that the total consisting of a 4-inch tap on NorAm Gas Transmission Company volumes to be delivered to the customer Northwest’s 22-inch mainline, two 1- (NGT), 1600 Smith Street, Houston, after the request do not exceed the total inch regulators, a 4-inch turbine meter Texas 77002, filed in Docket No. CP95– volumes authorized prior to the request. and appurtenances, was authorized to 620–000 a request pursuant to Northern states that the proposed be constructed and operated in Docket §§ 157.205 and 157.216 of the activity is not prohibited by its existing No. CP88–67–000, with a maximum Commission’s Regulations under the tariff and that it has sufficient capacity design delivery capacity of Natural Gas Act (18 CFR 157.205, to accommodate the changes proposed approximately 4,490 dt equivalent of 157.216) for authorization to abandon without detriment or disadvantage to natural gas per day. Northwest also facilities in Louisiana, under NGT’s Northern’s other customers. states that the meter station was blanket certificate issued in Docket No. Comment date: September 8, 1995, in installed to permit Northwest to initiate CP82–384–000 pursuant to Section 7 of accordance with Standard Paragraph G interruptible transportation service for the Natural Gas Act, all as more fully set at the end of this notice. Ash Grove Cement Company. forth in the request that is on file with 6. Northern Natural Gas Company Northwest proposes to construct and the Commission and open to public operate a 4-inch tap and appurtenances inspection. Docket No. CP95–633–000 on its 24-inch mainline loop as an NGT proposes to abandon Line RM– Take notice that on July 21, 1995, additional tie-in for the meter station in 14, in its entirety, one 1-inch tap and 1- Northern Natural Gas Company order to provide an alternative means of inch meter station, in Caddo Parish, (Northern), 1111 South 103rd Street, gas supply to the meter station when the Louisiana, which provide service to Omaha, Nebraska 68124–1000, filed a 22-inch mainline, which normally Athens Brick Plant. Also, it is proposed request with the Commission in Docket serves the station, is out of service. that a 1-inch inactive tap used to deliver No. CP95–633–000 pursuant to Northwest proposes no change in the gas to a rural customer served by Arkla. §§ 157.205 and 157.212 of the design capacity and delivery pressure of It is stated that both Arkla and the rural Commission’s Regulations under the the meter station. Northwest estimates a 39166 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices facility cost of $32,436. Northwest the proposed activity shall be deemed to local agencies. State and local indicates that, because this expenditure be authorized effective the day after the authorities must provide EPA with the is necessary for Northwest to maintain time allowed for filing a protest. If a following: (1) Title V permit program; existing services, it will not require any protest is filed and not withdrawn (2) permit applications and proposed cost reimbursement from Ash Grove. within 30 days after the time allowed permits; and (3) upon occurrence, Comment date: September 8, 1995, in for filing a protest, the instant request applications for permit revisions and accordance with Standard Paragraph G shall be treated as an application for proposed revisions. at the end of this notice. authorization pursuant to Section 7 of Under this ICR, owners and operators Standard Paragraphs the Natural Gas Act. of affected sources must provide the Lois D. Cashell, State or local permitting authority with F. Any person desiring to be heard or (1) An operating permit application to make any protest with reference to Secretary. [FR Doc. 95–18829 Filed 7–31–95; 8:45 am] every 5 years; (2) semi-annual said application should on or before the submission of monitoring or comment date, file with the Federal BILLING CODE 6717±01±P recordkeeping data; (3) annual Energy Regulatory Commission, certification of compliance; and (4) Washington, D.C. 20426, a motion to upon occurrence, applications for intervene or a protest in accordance ENVIRONMENTAL PROTECTION permit revisions. Sources must maintain with the requirements of the AGENCY all records that are representative of Commission’s Rules of Practice and [FRL±5267±4] compliance with the Title V program. Procedure (18 CFR 385.214 or 385.211) This ICR submission is only for a year and the Regulations under the Natural Supplement Under OMB Review Gas Act (18 CFR 157.10). All protests extension to July 31, 1996. During this filed with the Commission will be AGENCY: Environmental Protection time, the Office of Air Quality Planning considered by it in determining the Agency (EPA). and Standards will finish the appropriate action to be taken but will ACTION: Notice of Supplement development of the new Title V not serve to make the protestants parties Submission. Compliance rule. A final rule is to the proceeding. Any person wishing expected to be promulgated by SUMMARY: In compliance with the to become a party to a proceeding or to December 31, 1995. At that time, a new Paperwork Reduction Act (44 U.S.C. participate as a party in any hearing ICR will be submitted to OMB for therein must file a motion to intervene 3501 et seq.), this notice announces that review, containing the updated burden in accordance with the Commission’s a supplement to the Information hour calculations. Rules. Collection Request (ICR) abstracted in The supplement includes burden Take further notice that, pursuant to the Federal Register on June 30, 1995 estimates that will be placed on the the authority contained in and subject to has been forwarded to the Office of public and State and local authorities the jurisdiction conferred upon the Management and Budget (OMB) for during the period of July 31, 1995 Federal Energy Regulatory Commission review and comment. The ICR and the through July 31, 1996. by Sections 7 and 15 of the Natural Gas supplement describe the nature of the Burden Statement: Due to the Act and the Commission’s Rules of information collection and its expected completion of the Title V permitting Practice and Procedure, a hearing will cost and burden; where appropriate, program development by State and local be held without further notice before the they include the actual data collection permitting authorities, this ICR Commission or its designee on this instrument. supplement represents the actual public application if no motion to intervene is FOR FURTHER INFORMATION CONTACT: reporting burden over the next year. filed within the time required herein, if For further information, or for a copy of Respondents: State and local the Commission on its own review of this ICR and/or the ICR supplement, governments and stationary sources. contact Sandy Farmer at (202) 260– the matter finds that a grant of the Estimated Total Annual Burden on 2740, please refer to EPA ICR #1587.03. certificate and/or permission and Respondents: 8,262,672 hours. approval for the proposed abandonment SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: are required by the public convenience 34,324 respondents. and necessity. If a motion for leave to Office of Air Quality Planning and Standards Frequency of Collection: Semi- intervene is timely filed, or if the annually, annually, upon occurrence Commission on its own motion believes Title: Clean Air Act, Title V— and every 5 years. Operating Permits Regulations- that a formal hearing is required, further Send comments regarding the burden Information Requirements Supplement, notice of such hearing will be duly estimate, or any other aspect of this (EPA ICR #1587.03; OMB #2060–0234.) given. information collection supplement, Under the procedure herein provided Abstract: This ICR is for an extension including suggestions for reducing for, unless otherwise advised, it will be of an existing information collection in burden, (please refer to EPA ICR unnecessary for applicant to appear or support of the Clean Air Act, as #1587.03 and #2060–0234) to: be represented at the hearing. described in 40 CFR Part 70 establishing G. Any person or the Commission’s the minimum elements governing the Sandy Farmer, EPA ICR #1587.03, U.S. staff may, within 45 days after issuance development of State operating permit Environmental Protection Agency, of the instant notice by the Commission, programs. Under this ICR, State and Regulatory Information Division file pursuant to Rule 214 of the local government permitting authorities (2136), 401 M Street, SW., Commission’s Procedural Rules (18 CFR and stationary sources of air pollution Washington, D.C. 20460 385.214) a motion to intervene or notice will incur costs and burden. Permitting and of intervention and pursuant to authorities have been working on their Troy Hillier, OMB #2060–0243, Office of § 157.205 of the Regulations under the Title V programs since the promulgation Management and Budget, Office of Natural Gas Act (18 CFR 157.205) a of this original ICR on 7/1/92. EPA has Information and Regulation Affairs, protest to the request. If no protest is completed the majority of reviews of 725 17th Street, NW., Washington, filed within the time allowed therefor, Title V programs submitted by State and D.C. 20503. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39167 Dated: July 25, 1995. ACTION: Notice of availability. LEAD or TDD: 1–800–526–5456. For Joseph Retzer, technical information contact: Paula Regulatory Information Division. SUMMARY: This notice announces the Moser, Environmental Protection availability of the joint EPA and [FR Doc. 95–18865 Filed 7–31–95; 8:45 am] Agency, Office of Pollution Prevention Consumer Product Safety Commission BILLING CODE 6560±50±M and Toxics, (7404), 401 M St., SW., (CPSC) final Lead Hazard Information Washington, DC 20460, Telephone: Pamphlet entitled ‘‘Protect Your Family (202) 260–1865, Fax: (202) 260–0770, or [FRL±5268±5] From Lead In Your Home’’ (formerly Ken Giles, Consumer Product Safety entitled: ‘‘Lead-Based Paint: Protect Commission, Office of Public Affairs, Environmental Laboratory Advisory Your Family’’) for public distribution. Board; Establishment 4330 East-West Highway, Bethesda, MD EPA developed this Pamphlet in 20814, Telephone (301) 504–0580, Fax: AGENCY: Environmental Protection response to Congressional concerns (301) 504–0862. about the public’s knowledge of lead- Agency. SUPPLEMENTARY INFORMATION: based paint hazards in the home. The ACTION: Establishment of Advisory Committee. Pamphlet was developed pursuant to I. Background section 406(a) of the Toxic Substances Under the Congressional mandate in SUMMARY: Control Act (TSCA), after consultation As required by Section 9(a)(2) section 406(a) of TSCA, EPA has with the Centers for Disease Control and of the Federal Advisory Committee Act developed a final lead hazard Prevention (CDC), the Department of (FACA), 5 U.S.C. App., EPA is giving information pamphlet. Congress Housing and Urban Development notice of the establishment of an specifically required that the pamphlet: (HUD), and CPSC. After extensive advisory committee. This committee (1) Contain information regarding the product testing and public review, EPA, will provide recommendations and health risks associated with exposure to in consultation with cooperating comments on the process and lead; (2) provide information on the Federal agencies, has developed a final procedures to develop and operate a presence of lead-based paint hazards in draft and is beginning efforts to national environmental laboratory Federally-assisted, Federally-owned, distribute the pamphlet to the general accreditation program, and will be and target housing; (3) describe the risks public. known as the ‘‘Environmental of lead exposure for children under 6 Laboratory Advisory Board’’ (ELAB). DATES: Copies of the Lead Hazard years of age, pregnant women, women EPA has determined that the Information Pamphlet will be available of childbearing age, persons involved in establishment of this advisory August 1995. home renovation (of target housing), and committee is in the public interest and ADDRESSES: Single copies of the others residing in a dwelling with lead- will assist the Agency in performing its pamphlet may be obtained by calling based paint hazards; (4) describe the duties under its various statutes. Copies the National Lead Information risks of renovation in a dwelling with of the Committee’s charter will be filed Clearinghouse (NLIC) at 1–800–424– lead-based paint hazards; (5) provide with the appropriate committees of LEAD or TDD: 1–800–526–5456, or the information on approved methods for Congress and the Library of Congress in EPA Public Information Center at (202) evaluating and reducing lead-based accordance with section 9(c) of FACA. 260–2080. paint hazards and their effectiveness in The membership of the ELAB has not Multiple copies are available through identifying, reducing, eliminating, or yet been appointed by the the Government Printing Office (GPO). preventing exposure to lead-based paint Administrator. Consistent with the The public may order by calling the hazards; (6) advise persons how to objectives of the National GPO Order Desk at (202) 512–1800, obtain a list of contractors certified Environmental Laboratory Accreditation faxing (202) 512–2233, or writing to pursuant to TSCA section 402 in lead- Conference and the requirements of Superintendent of Documents, P.O. Box based paint hazard evaluation and FACA, the membership of the ELAB 371954, Pittsburgh, PA 15250–7954. reduction in the area in which the will be balanced among the Agency’s Request the publication by title, pamphlet is to be used; (7) state that a various outside stakeholder interests. ‘‘Protect Your Family From Lead in risk assessment or inspection for lead- The first meeting of the ELAB will be Your Home,’’ and/or GPO stock number based paint is recommended prior to the announced separately in a Federal 055–000–00507–9. The price is $26.00 purchase, lease, or renovation of target Register notice. per pack of 50 copies. The Pamphlet housing; (8) state that certain State and FOR FURTHER INFORMATION: Please may be reproduced by an individual or local laws impose additional contact Jeanne Hankins Mourrain, corporation without permission from requirements related to lead-based paint National Exposure Research Laboratory, EPA or CPSC. in housing and provide a listing of (MD–77B), Research Triangle Park, NC Organizations that wish to reprint Federal, State, and local agencies in 27711; telephone 919/541–1120; FAX may obtain negatives and/or black and each State, including address and 919/541–7953. white reproducible copy from NLIC at telephone number, that can provide Dated: July 6, 1995. 1–800–424–LEAD. The pamphlet is information about applicable laws and E. Ramona Trovato, available electronically, and may be available governmental and private Director, Office of Radon and Indoor Air. accessed through the Internet at: assistance and financing; and (9) [FR Doc. 95–18868 Filed 7–31–95; 8:45 am] gopher.epa.gov. provide such other information about BILLING CODE 6560±50±P FOR FURTHER INFORMATION CONTACT: For environmental hazards associated with general information on lead poisoning residential real property as the prevention, call the National Lead Administrator deems appropriate. [OPPTS±62149; FRL±4966±6] Hotline at 1–800–LEAD–FYI or TDD: 1– EPA and HUD will distribute this Lead Hazard Information Pamphlet; 800–526–5456, or the TSCA Hotline at pamphlet under several Congressional Notice of Availability (202) 554–1404 or TDD: (202) 554–0551. directives that will be implemented in For specific questions on lead hazard separate rulemaking initiatives. Section AGENCY: Environmental Protection information, call the National Lead 406(b) of TSCA requires that EPA Agency (EPA). Information Clearinghouse, 1–800–424– promulgate regulations requiring each 39168 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices person who performs a renovation of Chicago, IL. The tests consisted of EPA has also lowered the reading target housing for compensation to moderated group discussions and one- level of the pamphlet overall and has provide a lead hazard information on-one interviews which allowed EPA simplified the wording wherever pamphlet to the owner(s) and to probe for areas in the pamphlet that possible. The new draft provides pages occupant(s) of such housing prior to needed simplification, clarification, or at the beginning and end of the commencing the renovation. rewording. EPA targeted lower reading- pamphlet summarizing/emphasizing Section 1012 of the Residential Lead- level audiences in recognition that such key points and messages and action Based Paint Hazard Reduction Act audiences typically have the greatest items for reader consideration. Using requires that HUD provide the pamphlet trouble benefiting from written health these different techniques, EPA and to purchasers and tenants of housing information, are least able to participate CPSC believe that the revised pamphlet receiving Federal assistance. Section in traditional public review and provides varying levels of detail to 1018 of that Act requires that EPA and comment periods, and may also be at different audiences, depending on their HUD promulgate regulations requiring special risk of lead hazard exposure. education and areas of interest. At all sellers or lessors of target housing to The focus tests proved valuable in levels of the pamphlets detail, however, provide purchasers and lessees with the providing comments on specific words, EPA and CPSC have sought to reinforce lead hazard information pamphlet. phrases, and graphics, and in providing the prevention theme of the document. These different regulations are overall impressions of the draft Recognizing that private reproduction currently under development and will pamphlet’s strengths and weaknesses. of the pamphlet will be a key be announced in the Federal Register EPA has placed summaries and mechanism for distribution, EPA has when completed. In addition to its background materials from the focus resized the pamphlet to use a 51⁄2 x 81⁄2 regulatory distribution, this pamphlet tests into the public docket. format to facilitate photocopy will be used by other Federal programs reproduction using regular 81⁄2 x 11 D. Informal Public Meeting to support their educational and paper. In addition to providing color outreach goals and obligations. CPSC, a On August 29, 1994, EPA held an negatives to private entities that wish to cosponsor of the pamphlet, will informal public meeting in Washington, reproduce the pamphlet in color, EPA is distribute the pamphlet to interested DC after publishing a notice in the also releasing black and white camera- parties through its ongoing outreach Federal Register (59 FR 42043) and ready copy of the pamphlet available for efforts. This pamphlet will also become notifying all initial commenters. The photocopy and print reproduction. To an information resource for families meeting, which was moderated by an further encourage such reproduction, through the National Lead Information impartial facilitator, probed the EPA has also added space on the back Center and other Federal information attendants for comments on various cover for names and contact information outlets. aspects of a revised draft pamphlet of organizations that reprint and using many of the same questions posed distribute the pamphlet. II. EPA’s Development Process 2. Role of qualified professionals in to focus group participants. Attendants reducing lead hazards. Several A. Interagency Consultation at the meeting represented a wide range commenters suggested that the of views and backgrounds. A written Throughout development of the draft pamphlet address the role certified verbatim transcription of the meeting is and final pamphlet, EPA has worked professionals should play in identifying closely with other interested Federal available for review in the public and reducing lead hazards under future agencies, including HUD, CDC, CPSC, docket. Federal regulations. Recognizing that and the 14 other agencies involved in III. Summary of Key Comments and the pamphlet will be distributed in the Federal Interagency Task Force on Changes advance of the completion of Federal Lead Poisoning Prevention. training and certification standards for During the public comment period, lead workers, the pamphlet focuses on B. Public Review and Comment focus tests, and the public meeting, EPA the use of lead hazard reduction EPA developed a draft pamphlet and received hundreds of comments and professionals ‘‘with special training for released it for a 60–day public comment recommendations for improving the correcting lead problems’’ rather than period on March 9, 1994 (59 FR 11119), pamphlet, covering editorial, layout, requiring the use of certified generating feedback from approximately graphics, and policy recommendations. contractors, which may not be available 70 public commenters. These comments EPA and consulting agencies have in many States. The pamphlet does, addressed stylistic, editorial, and policy considered all comments in developing however, acknowledge that a concerns. All comments received have this revised pamphlet. A Response to certification program is being put into been placed into the public docket and Comments Document is available for place and that persons are encouraged are available for public review in the review in the public docket. Below is a to use certified lead abatement TSCA Nonconfidential Information summary of some of the key points contractors where possible. Center (NCIC) from noon to 4 p.m, raised and changes to the pamphlet. 3. Detail of discussion of lead hazard Monday through Friday, excluding legal 1. Pamphlet layout/design/format. evaluation and reduction techniques. holidays. TSCA NCIC is located at EPA EPA received many comments Feedback from public commenters and Headquarters, Rm. NE–B607, 401 M St., concerning the draft pamphlet’s length, focus test participants indicated that SW., Washington, DC. reading level and overall design. To much of the discussion of lead hazard respond to these concerns EPA has evaluation and reduction methods was C. Targeted Focus Tests and Interviews shortened the length of the pamphlet by too detailed and technical to serve the EPA also conducted focus tests to 10 pages and completely redesigned the pamphlet’s general purpose. At the obtain feedback on the pamphlet’s graphic look and layout of the final same time, many commenters readability within lower reading-level pamphlet. This redesign includes recommended that the pamphlet audiences. EPA conducted these tests making better use of artwork, bold fonts, include additional discussion of the during the spring and summer of 1994 bullets, and sidebars to emphasize key difference between risk assessments and in five cities: Mobile, AL, Haywood, CA, messages and highlight important inspections as well as the differences Washington, DC, Atlanta, GA, and information. between abatement and interim Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39169 controls. Recognizing that the concepts English. For that reason, EPA is substantiated the assertion that burning of risk assessment versus inspection and currently developing a Spanish WDF increases risks posed to end-users abatement versus interim controls are language version of the pamphlet. EPA of cement; and (b) for risk protection crucial distinctions for future hazard and CPSC will announce the availability purposes, the label requested essentially reduction efforts, EPA has added of the Spanish-language pamphlet in the duplicates labeling already required by language clarifying these terms. Federal Register when available and the Occupational Safety and Health However, EPA has also removed much immediately begin efforts to distribute Administration (OSHA). of the more technical discussion of the the document through available FOR FURTHER INFORMATION CONTACT: specific steps involved in each activity. channels. Susan B. Hazen, Director, This revised language more effectively In addition, the Agency is exploring Environmental Assistance Division accomplishes the pamphlets goal of avenues such as public-private (7408), Office of Pollution Prevention providing homeowners and occupants partnerships for conducting translations and Toxics, Environmental Protection with an understanding of the key into additional languages, such as Agency, Rm. E–543, 401 M St. SW., concepts and activities in reducing their Chinese and Korean. Organizations Washington, DC 20460, (202–260–1024), risk of lead hazard exposure. interested in working with EPA and Internet: TSCA- 4. Testing/screening children for lead. CPSC to print and distribute the [email protected]. EPA received considerable comment on pamphlet, or to develop new pamphlet appropriate recommendation language translations should write to: Paula SUPPLEMENTARY INFORMATION: for childhood testing and screening. Moser, Program Development Branch, I. Statutory Requirements EPA has worked closely with CDC to Environmental Protection Agency analyze these comments and to develop (7404), 401 M St., SW., Washington, DC Section 21 of TSCA provides that any revised testing and screening language 20460. person may petition EPA to initiate that is fully consistent with CDC Based on the response from interested proceedings for issuance of rules under guidelines and also understandable for organizations, EPA and CPSC will sections 4, 6, and 8 of TSCA, or to issue lay readers. develop a plan for preparing additional orders under sections 5(e) or 6(b)(2) of 5. Developing workable effective day- translations. TSCA. A section 21 petition must set to-day cleaning measures. A number of forth facts which petitioners believe commenters suggested modifications to List of Subjects establish the need for the rules simple steps recommended for reducing Environmental protection, Lead. requested. EPA is required to grant or lead hazards in housing. In particular, deny the petition within 90 days. If EPA Dated: July 25, 1995. commenters identified potential issues grants the petition, the Agency must related to recommending trisodium Lynn R. Goldman promptly commence an appropriate phosphate (TSP) or other high Assistant Administrator for Prevention, proceeding. If EPA denies the petition, phosphate cleaning products for regular Pesticides and Toxic Substances. the Agency must publish its reasons in cleaning on all surfaces. In consultation [FR Doc. 95–18875 Filed 7–31–95; 8:45 am] the Federal Register. with other Federal agencies, EPA has BILLING CODE 6560±50±F revised the recommendations to place Within 60 days of denial, or if EPA the focus more on day-to-day types of fails to respond in 90 days, the home maintenance activities that can be [OPPTS±211042A; FRL±4968±9] petitioner may commence a civil action effective at reducing, but not in a U.S. district court to compel TSCA Section 21 Petition; Response to initiation of the requested rulemaking. eliminating, lead hazard when Citizens' Petition conducted regularly. For a petition for a new rule, the court 6. Comments not addressed. EPA AGENCY: Environmental Protection must provide opportunity for the received many specific language Agency (EPA). petition to be considered de novo. After hearing the evidence, the court can changes and detailed policy ACTION: Notice; Response to citizens’ order EPA to initiate the requested recommendations that were not petition. incorporated into the final pamphlet. action. During the pamphlet’s revision, EPA, SUMMARY: On April 19, 1995, EPA II. Approach to Reviewing Petition CPSC, and other participating agencies received a petition under section 21 of analyzed each recommendation in terms the Toxic Substances Control Act Immediately following receipt of the of the policy, technical, and editorial (TSCA), 15 U.S.C. 2620, signed by 24 petition, on April 19th, a Workgroup merit (and in light of the pamphlet’s environmental groups located in 10 was established with representatives goals, target audience, and scope). As western and mid-western States. The from EPA’s Offices of Pollution the whole document evolved, changes petition asserts that cement-producing Prevention and Toxics; Solid Waste and to the draft pamphlet frequently plants that burn hazardous waste- Emergency Response; and General rendered some specific comments moot. derived fuel (WDF) in their kilns have Counsel. After receiving an unsolicited The fact that a comment is not directly higher concentrations of toxic metals in comment on the petition, on May 15th, reflected in the final pamphlet does not their cement end-products, and that the Agency decided to publish a Notice necessarily indicate that the comment these products therefore pose risks to of Receipt (60 FR 30538, June 9, 1995), lacked merit. Rather, many comments end-users. The petition requests that in order to afford all interested parties were excluded since the comments no EPA promulgate a rule under section 6 an opportunity to comment. In keeping longer fit within the pamphlet’s level of of TSCA requiring those producers who with the 90 day deadline for reaching detail or scope. burn WDF to label their cement with a closure, the Workgroup briefed the notice advising consumers of that fact, Director of the Office of Pollution IV. Alternative Languages and cautioning them to avoid emitting Prevention and Toxics on May 17th, and EPA recognizes that this lead hazard or breathing the cement dust and to the Office Director subsequently information may be important in some avoid direct contact. presented the case to the Assistant communities that have a limited ability The petition is denied on two Administrator for Prevention, Pesticides to utilize information provided in grounds: (a) petitioners have not and Toxic Substances for a decision. 39170 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices In response to the FR Notice of construction, waste stabilization, or as a concentrations of metals, while one Receipt, comments were received from substitute for lime and fertilizer in burning WDF using the same feedstock, 8 individuals and 10 organizations. agriculture; or (c) simply disposed. but discarding most of its CKD, might Several samples of current cement Pursuant to RCRA section 8002(o), EPA produce cement with lower packaging and Material Safety Data published a Report to Congress on concentrations. Sheets (MSDSs) were also received. All Cement Kiln Dust in 1993 in which the IV. Adverse Effects Associated with comments were reviewed and Agency concluded that although risks Cement considered by the Agency before associated with CKD management are reaching its final determination to deny generally low, CKD could, under some Based on information provided by the petition. circumstances, pose a danger to human petitioners, adverse effects associated health and the environment (Ref. 2). No with cement cited in the petition III. Background decision was made at that time include: (a) cement eczema or cement On April 19, 1995, EPA received a regarding the need to treat CKD as dermatitis; (b) lung cancer; (c) asthma; petition under section 21 of the Toxic hazardous waste under RCRA Subtitle and (d) a variety of other effects Substances Control Act (TSCA), 15 C. including nosebleeds, ulcers, respiratory U.S.C. 2620, signed by 24 In February of this year, pursuant to distress and pneumoconiosis. Of these, environmental groups located in 10 RCRA section 3001(b)(3)(C), the Agency cement dermatitis is the most common western and mid-western States. The published a Regulatory Determination effect associated with cement, because petition asserts that cement-producing on Cement Kiln Dust (60 FR 7366, the relationship between exposure to plants that burn hazardous waste- February 7,1995) in which it concluded cement and dermatitis is well- derived fuel (WDF) in their kilns have that additional control of CKD is established, and because the effect can higher concentrations of toxic metals in warranted, and that it would use RCRA occur at relatively low levels of their cement end-products, and that Subtitle C and other authorities to exposure. Frank cement dermatitis is these products therefore pose risks to control risks where appropriate (Ref. 3). generally preceded by a number of years end-users. The petition requests that Pending development of those of skin irritation, abrasions, and cracks. EPA promulgate a rule under section 6 regulations, CKD retains its exemption Once established, cement dermatitis is of the TSCA requiring those producers from regulation under Subtitle C chronic, even if there is no further who burn WDF to label their products, pursuant to the Bevill Amendment exposure to cement. The dermatitis in both English and Spanish, with the contained in section 3001(b)(3)(A). The sensitization threshold is reported to be following label. Regulatory Determination also stated in the range of 10 to 15 parts per million WARNING: THIS PRODUCT WAS MADE that the Agency would propose (ppm) hexavalent chromium in cement. WHILE BURNING HAZARDOUS WASTE exclusion of clinker as ‘‘derived-from’’ V. Analysis of Petition AND CONTAINS RESIDUALS OF THAT hazardous waste when CKD is HAZARDOUS WASTE, INCLUDING reintroduced into the kiln as feedstock. As general background, petitioners INCREASED AMOUNTS OF TOXIC AND Although the Bevill Amendment argue that CAA, CWA and RCRA CARCINOGENIC METALS. AVOID conditionally exempted CKD from regulations are tightening restrictions on EMITTING AND BREATHING DUST FROM regulation as hazardous waste under kiln-generated discharges of toxic THIS PRODUCT AND AVOID DIRECT metals to air, water and land, without CONTACT WITH THIS PRODUCT. Subtitle C, the BIF regulations require kilns burning WDF to test their CKD to restricting transfer of these metals into Cement is made by heating limestone, ensure that it is not significantly the cement itself. They contend that this clay and other substances to very high affected by the practice (40 CFR incentive structure has increased the temperatures in rotary kilns to form a 260.112). toxic metals content of cement. granular material called ‘‘clinker’’, The activities described above address However, petitioners offer no evidence which is then cooled and ground up CKD waste disposal issues (the focus of that concentrations of metals in cement with gypsum to make cement powder. both the Report to Congress and the have in fact increased. With respect to Cement kiln dust (CKD) waste is Regulatory Determination). The petition, the objective of the petition, EPA notes generated during the production of on the other hand, is primarily that if restricting toxic metals from all clinker. Releases to air, water and land concerned about potential hazards to compartments except the end-product is from cement kilns are regulated under users posed by toxic metals introduced a problem, it would be a problem for all the Clean Air Act (CAA), Clean Water into cement via combustion of WDF. kilns, not simply those burning WDF. Act (CWA), and Resource Conservation There are, however, four sources of The essence of the petition is the more and Recovery Act (RCRA). In 1992, 23 toxic metals in cement: (1) the original specific assertion that burning WDF of the 111 domestic cement-producing feedstock; (2) CKD recycled as increases the amount of toxic metals in plants burned WDF to supplement feedstock; (3) the fuel, both FF and cement. traditional fossil fuels (FF) (Ref. 3, WDF, used to heat the kiln; and (4) The petition’s assertion is based p.7367). Air emissions and disposal of equipment and processes used, entirely upon evidence petitioners residues from kilns burning WDF are particularly refractory kiln bricks and adduce from a 1992 study, published by regulated under the Boiler and the steel balls used to grind clinker (Ref. the Portland Cement Association (PCA), Industrial Furnace (BIF) regulations 1, p.50). The relative contribution of that presented data on heavy metal issued under RCRA. each of the four potential sources varies concentrations found in both CKD and While not central to the petition, CKD by an unknown extent from facility to cement produced in facilities using FF is tangentially related to petitioners’s facility and from time to time. The only, and in facilities using WDF (Ref. concerns. CKD is particulate matter, concentrations of metals in cement from 1). The study determined both ‘‘total’’ including toxic metals, that has been any given plant are a function of (acid soluble) and ‘‘leachable’’ (water removed from kiln stack gases by air complex interactions among all of these soluble) concentrations of 12 metals pollution control equipment. Once variables. A plant burning FF, using (arsenic, antimony, barium, beryllium, removed, CKD may be: (a) reintroduced feedstock with a high metal content, and cadmium, chromium, lead, mercury, into the kiln as feedstock; (b) used for recycling CKD extensively, for example, nickel, selenium, silver and thallium) in such beneficial purposes as general might produce cement with high both CKD and cement drawn from 97 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39171 North American kilns. The results were higher mean levels of total chromium Recycling Coalition (CKRC), a trade tabulated, among other ways, according (113 vs. 61.7 ppm) in cement from the association of cement producers that to whether the originating kilns burned kilns burning WDF, the authors of that burn WDF. That letter, forwarded by FF or WDF. Relevant findings of the study explicitly cautioned against CKRC to EPA on May 15, 1995, states study were that (a) the mean ‘‘total attributing the difference to type of fuel in part, that ‘‘It was not the purpose of metal’’ concentration of only one metal, burned: the study to determine the specific chromium, was statistically significantly Identification of the specific sources of the sources of trace elements in cements. higher in cement from kilns burning twelve chemical elements in the samples is The work on which this report is based WDF than from kilns burning FF; (b) for beyond the scope of this study. Sources did not include a complete material the remaining 11, some of the ‘‘total include fuel, raw materials, refractories, and balance for each plant that submitted metal’’ concentrations were higher and processing equipment that comes into samples. Therefore, increases or some lower , but none by statistically contact with the materials. For any particular decreases in trace metals concentrations significant amounts; and (c) none of the kiln system, the concentration of these cannot necessarily be attributed to fuel elements in cement and kiln dust is a ‘‘leachable metal’’ concentrations type.’’ differed significantly in cement for any function of the manufacturing process and of the 12 metals. Evidence brought forth the total metals input from all sources. The second point has to do with the Because of widespread interest in the substance selected by petitioners for by petitioners therefore suggests only burning of alternate fuels in cement kilns, that burning WDF may increase discussion. They highlighted the comparisons are presented in this data statistically significant higher concentrations of chromium in cement; summary between kiln systems using waste no empirical case is made for metals in fuels and coal, coke or natural gas. However, concentration of ‘‘total chromium’’ general. the reader should not infer that observed found by the PCA study in cement from Petitioners, however, have not differences are necessarily attributable to the kilns that burned WDF. The following established that burning WDF increases waste fuels, as that is only one of many table (derived from Ref. 1) also shows even chromium concentrations in sources of metals in this multivariate system. the concentrations of ‘‘leachable cement. There are two flaws in the (Ref. 1; p.1 of Data Summary appended to chromium’’ found in the same study. reasoning and evidence presented. The reference) The mean difference in leachable first has to do with the inability of the Construction Technology Laboratories chromium between kilns burning WDF cited PCA study to identify the source (CTL), the firm PCA used to conduct the and FF is not statistically significant. of metal concentrations found in the study, reiterated this concern in an The evidence from the study cited by cement samples. Although the study April 24, 1995 letter addressed to the petitioners for increased chromium in documented statistically significant Executive Director of the Cement Kiln kilns burning WDF is therefore mixed. TOTAL AND LEACHABLE CHROMIUM LEVELS FOUND IN CEMENT PRODUCED BURNING WDF AND FF (PPM) Total Chromium Leachable Chromium Levels WDF Ce- WDF Ce- ment FF Cement ment FF Cement Minimum ...... 33.3 24.6 3 <1.2 Mean ...... 113 61.7 12 10 Maximum ...... 422 214 24 31 This table also sheds light on any increases levels of chromium (or any • Found that burning both FF and practical impact WDF might add to risks other metal) in cement more than WDF generates concentrations of posed by chromium in cement. The burning FF, therefore, cannot confirm chromium in cement at and above mean concentrations of leachable that assertion. It further suggests that reported threshold levels for cement chromium in cement produced with even if the assertion were demonstrated, dermatitis. either WDF or FF are in the 10 to 15 the magnitude of the increase in the EPA’s analysis of (a) the material ppm range — levels at which cement amount of chromium, relative to the presented by petitioners, and (b) the dermatitis could be expected if amount typically found in all cement, PCA study1, has concluded that precautionary steps were not taken to would not materially alter the pre- petitioners have not provided avoid dermal contact. The maximum existing level of potential risk. In convincing evidence for their basic levels of leachable chromium detected summary, the only evidence petitioners contention, or for the need for in both types of cement are well above cite as evidence that burning WDF adds regulation under TSCA. the upper end of that range. For total toxic metals to cement is a study which: VI. Other Evidence chromium, all values are well above the • Found that concentrations of ‘‘total Other data are available that bear on threshold levels. The risks are therefore chromium’’, not metals in general, were the question of whether use of WDF potentially present in cement regardless statistically significantly higher in adds metals to cement. EPA’s of the type of fuel used. If these risks are cement produced in kilns burning Regulatory Determination on Cement considered sufficiently serious to WDF—but did not, and was not Kiln Dust, although not concerned with warrant labeling, therefore, the intended to, attribute that difference to cement, did compare metal precautionary warning sought by WDF; petitioners should arguably be affixed to • Found no statistically significant 1 The petition did not include the PCA study. The all cement packaging, not simply to difference in the concentration of findings reported in the petition regarding the PCA cement produced in kilns burning WDF. study were drawn from data about that study cited leachable chromium in cement in a secondary article supplied by petitioners. The The only study petitioners cite as produced with and without burning caveats on use of the study’s findings, contained in demonstrating that burning WDF WDF; and the original, did not appear in the secondary work. 39172 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices concentrations found in CKD produced relative to (a) the extent to which CKD CEMENT MAY CAUSE SERIOUS SKIN in plants burning FF and WDF. That is recycled as feedstock, and (b) the BURNS.’’ determination noted that: metals content of the original feedstock. EPA believes that the hazard For many of the toxic metals, the Finally, the evidence indicates that all communication label required by OSHA concentrations detected in kiln dust were not domestic2 cement poses a potential provides sufficient warning to users of significantly different whether the dust is problem to long-term users who fail to cement to allow them to take generated from kilns that burn or do not burn take precautionary steps to avoid appropriate steps to protect themselves hazardous waste. However, for lead, exposures. Any labeling intended to from exposure to cement products. cadmium, and chromium, the mean warn users of this hazard should VIII. Comments Received concentrations found in CKD generated by therefore be applied to all cement, not kilns that burn hazardous waste is simply to cement produced with WDF. EPA published a Notice of Receipt of measurably higher than in CKD from those the Petition in the Federal Register (60 kilns that do not burn hazardous waste; VII. OSHA’s Labeling Requirement FR 30538; June 9, 1995), in order to conversely, thallium and barium concentrations are measurably higher in CKD The current regulatory situation provide opportunity to comment to all from kilns that do not burn hazardous waste recognizes the need for comprehensive interested parties. Comments were (Ref. 3, p.7369). labeling of cement. Although petitioners received from 8 individuals, all of whom supported the petition, and 10 Again, the evidence is inconsistent; state that the problems they discuss organizations. Several samples of concentrations of some metals in WDF- cannot be adequately addressed under current cement packaging and MSDSs generated CKD are higher, but others are other statutes, OSHA’s Hazard were also received. All comments were lower. The continuing difficulty, Communication Standard (29 CFR reviewed and considered by the Agency however, is in establishing causality. As 1910.1200) does, in fact, require cement before reaching its final determination previously noted, the concentration of manufacturers to label virtually all to deny the petition. metals found in any given plant’s containers of their products with essentially all of the information Six of the 10 organizations wrote in cement results from complex support of the petition. Of these, 3 were interactions among several site-specific petitioners want to convey, other than the fact that the cement was produced among the 24 signers of the petition variables; in the absence of a study itself; 1 is another environmental group; controlling for these variables, one through burning of WDF. This requirement extends to all cement, not 1 is a general contractor; and 1, Rollins cannot confidently attribute variations Environmental Services, operates in metal concentrations among plants to just that produced with WDF. Pertinent provisions of the Hazard hazardous waste incinerators. The any one source. There is one industry Rollins submission included two study, A Comparison of Metal and Communication Standard require chemical manufacturers (cement studies bearing on the question of the Organic Concentrations in Cement and contribution of WDF to metals in Clinker Made With Fossil Fuels to producers, for this purpose, are considered chemical manufacturers) of cement. The first study was a mass Cement and Clinker Made with Waste balance analysis conducted at Rutgers Derived Fuels (Ref. 4), that determined products for which there is evidence of health hazard to label all containers of University with the support of the the concentrations of metals in cement Association for Responsible Thermal produced at a single facility that the product providing: (a) the identity of the chemical; (b) appropriate hazard Treatment (ARTT), an organization of initially used WDF, and then switched some hazardous waste incinerator temporarily to FF. Other operating warnings; and (c) the name and address of the manufacturer (29 CFR companies. That study models the conditions were held constant in both operation of cement kilns, and time periods, and 20 cement samples 1910.1200(f)). Manufacturers must also ensure that distributors and employers concludes, among other things, that were taken in each. That study found burning WDF could increase the metals detectable amounts of four metals. In using the product are furnished with appropriate MSDS, and downstream content of cement. The second study is one phase (pH=5 extract waters), the a risk assessment undertaken by wholesalers and retailers are required to mean concentration of antimony was ENVIRON Corporation, using the data ensure that these warnings are carried statistically significantly higher in the generated by the Rutgers model, and a with the product through the cement generated burning WDF, but portion of the PCA data. These studies distribution chain to the ultimate end- there were no significant differences for were reviewed by EPA, insofar as time user. A typical cement bag label reads either cadmium or chromium. In the permitted, but did not alter the Agency’s as follows: second phase (pH=10 extract waters), decision on the petition because: (a) the mean concentration of chromium in CAUTION EYE AND SKIN IRRITANT there is no apparent justification for cement produced while burning WDF Contains Portland Cement (CAS No. substituting modeling data for the was statistically significantly lower than 65997–15–1). Do not allow contact with eyes extensive empirical monitoring data in cement produced burning FF— or skin. Contains concrete aggregates Sand/ available; (b) the model itself appears exactly opposite to the PCA findings. Gravel (CAS No. 14808–60–7). Avoid flawed in that a light weight aggregate The differences for nickel were breathing dust—respirable Silica may cause kiln, rather than a cement kiln, was serious lung problems. insignificant. Use gloves, goggles, dust masks, and used in its development; (c) the model The totality of evidence, then, does waterproof protective clothing. If material has only recently been developed, and not confirm that burning WDF in kilns gets into eyes, rinse immediately with clean has not yet been peer reviewed; and (d) materially increases concentrations of water and seek prompt medical attention. If the ENVIRON study is largely based metals in cement. It also shows that material gets onto skin or saturates clothing, upon the unpersuasive modeling results decreased concentrations of metals can rinse immediately and thoroughly with clean (Refs. 5 and 6). occur, and the net human health water. CONTACT WITH WET PORTLAND The four organizations that wrote in potential, if any, is simply unknown. In opposition to the petition included the any event, based on the available 2There is some evidence that the hexavalent CKRC; the International Brotherhood of chromium content of cement can be reduced by information, the type of fuel burned in adding ferrous sulfate. Petitioners cite references Boilermakers, Iron Ship Builders, kilns appears to be a minor determinant indicating that Denmark has made it illegal to sell Blacksmiths, Forgers Helpers; LaFarge of the concentration of metals in cement cement with more than 2 ppm CR (VI). Corporation, a cement producer that Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39173 burns WDF; and Union Carbide in the OPPT file and all documents Flaak, Designated Federal Official, Corporation, a company that uses cited in the documents in that file. Science Advisory Board (1400F), U.S. cement kilns to handle wastes produced Environmental Protection Agency, 401 List of Subjects manufacturing petrochemicals. These M Street, SW., Washington, DC 20460 at commenters generally noted advantages Environmental Protection, hazardous telephone: (202) 260–5133, fax: (202) that acrue from recovering energy from waste. 260–7118, or via the INTERNET at: waste by burning it as fuel in kilns, Dated: July 24, 1995. FLAAK.ROBERT asserted that petitioners had not @EPAMAIL.EPA.GOV). provided sufficient evidence of Susan H. Wayland, Members of the public who wish to increased risk, and cited the current Assistant Administrator for Prevention, make a brief oral presentation to the Pesticides and Toxic Substances. regulatory requirement for labeling. Committee must contact Mr. Flaak no [FR Doc. 95–18871 Filed 7–31–95; 8:45 am] later than August 10, 1995, in order to IX. Disposition of Petition BILLING CODE 6560±50±F be included on the Agenda. Written Based upon (a) the lack of convincing statements of any length (at least 35 evidence that WDF contributes [FRL±5268±3] copies) may be provided to the materially to the hazards posed by Committee up until the meeting. The cement; and (b) the fact that current Science Advisory Board Drinking Science Advisory Board expects that OSHA regulations already require Water Committee Open Meeting public statements presented at its virtually everything petitioners request, August 16±18, 1995 meetings will not be repetitive of other than a reference to WDF, the Under the Federal Advisory previously submitted oral or written petition is denied. Committee Act, Public Law 92–463, statements. In general, each individual or group making an oral presentation X. References notice is hereby given that the Science Advisory Board’s (SAB) Drinking Water will be limited to a total time of ten The following references were used in Committee (DWC) will meet Wednesday minutes or less, at the Chair’s reviewing this petition: through Friday, August 16–18, 1995 at discretion. 1. Portland Cement Association. An the Courtyards of Marriott, 2899 Jeff Dated: July 24, 1995. Analysis of Selected Trace Metals in Davis Highway, Arlington, VA 22202, A. Robert Flaak, Cement and Kiln Dust, 1992. telephone (703) 549–3434. The meeting Acting Staff Director, Science Advisory Board. 2. USEPA. Report to Congress on will take place from 9 am to 4:30 pm on Cement Kiln Dust. Office of Solid Waste [FR Doc. 95–18835 Filed 7–31–95; 8:45 am] August 16th, 8:30 am to 5 pm on August BILLING CODE 6560±50±P±M and Emergency Response. USEPA 530– 17th and from 8:30 until approximately S–94–001, December 1993. noon on August 18th. The meeting is 3. USEPA. Regulatory Determination open to the public and seating is on a [FRL±5267±1] on Cement Kiln Dust: Final Rule. Office first-come basis. of Solid Waste and Emergency At this meeting, the Committee plans Transfer of Confidential Business Response. USEPA 60 FR 7366, February to: (1) Discuss potential activities for Information to Contractors 7, 1995. fiscal year 1996; (2) conduct a review of AGENCY: Environmental Protection 4. NSF. A Comparison of Metal and the Agency’s drinking water distribution Agency. Organic Concentrations in Cement and systems research; (3) conduct a review ACTION: Clinker made with Fossil Fuels to of the health significance of HPC Notice of transfer of data and Cement and Clinkers Made with Waste bacteria; (4) receive briefings from the request for comments. Derived Fuels: Final Report. NSF Agency’s Offices of Water (OW) and SUMMARY: EPA will transfer Confidential International. November 13, 1995. Research and Development (ORD) on Business Information (CBI) to its 5. Review of Comments submitted by issues such as: (a) disinfection contractor SAIC, Inc., and its Rollins Environmental Services; byproducts research plan, (b) regulatory subcontractors: ICF Inc., DPRA and Kerr memorandum from Oscar Hernandez to reassessment, (c) ground water Associates Confidential Business Edward Brooks, July 13, 1995. disinfection rule, (d) cooperative Information (CBI) that has been or will 6. Review of Rutgers’ Model as projects in risk assessment between EPA be submitted to EPA under Section 3007 Discussed in Submission by Rollins and ILSI, (e) microbial contaminants the Resource Conservation and Environmental Services: June 26, 1995; risk assessment, and (f) drinking water Recovery Act (RCRA). Under RCRA, memorandum from William A. contaminant selection process. Some of EPA is involved in activities to support, Schoenborn to Edward Brooks, July 18, these briefings are subject to change and expand and implement solid and 1995. other briefings may also be presented. hazardous waste regulations. As of the preparation date of this notice, XI. Public Record DATES: Transfer of confidential data the Committee has not been provided submitted to EPA will occur no sooner EPA has established a public record of with any review materials. For further than August 11, 1995. those documents the Agency considered information on available materials and in reviewing this petition. The record on the specific topics listed above, ADDRESSES: Comments should be sent to consists of documents in the file please contact Mr. Flaak, Designated Regina Magbie, Document Control designated by Docket Number OPPT– Federal Official, at the numbers given Officer, Office of Solid Waste (5305), 211042, located in the TSCA Public below. U.S. Environmental Protection Agency, Docket Office. This Docket is available For copies of the agenda and other 401 M Street SW., Washington, DC for inspection from 12 noon to 4 p.m., practical meeting information, please 20460. Comments should be identified Monday through Friday, except legal contact Ms. Mary Winston, Staff as ‘‘Transfer of Confidential Data.’’ holidays, in the TSCA Nonconfidential Secretary, telephone: (202) 260–6552; FOR FURTHER INFORMATION CONTACT: Information Center, Rm. NEB–607, 401 FAX: (202) 260–7118. For more detailed Regina Magbie, Document Control M St., SW., Washington, DC 20460. The or technical information related to the Officer, Office of Solid Waste (5305), public record consists of all documents meeting, please contact Mr. Robert U.S. Environmental Protection Agency, 39174 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 401 M Street SW., Washington, DC subcontractors, EPA will review and Ocean Freight Forwarder License, 20460, 202–260–3410. approve their security plans and SAIC, Reissuance of License Inc., and its subcontractors, will sign SUPPLEMENTARY INFORMATION: non-disclosure agreements. Notice is hereby given that the 1. Transfer of Confidential Business Date: July 20, 1995. following ocean freight forwarder Information Elliott P. Laws, license has been reissued by the Federal Under EPA Contract 68–W4–0030, Assistant Administrator, Office of Solid Waste Maritime Commission pursuant to SAIC, Inc., and its subcontractors, will and Emergency Response. section 19 of the Shipping Act of 1984 assist the Waste Management Division, [FR Doc. 95–18862 Filed 7–31–95; 8:45 am] (46 U.S.C. app. 1718) and the Office of Solid Waste, by providing BILLING CODE 6560±50±P regulations of the Commission technical support for: establishing Land pertaining to the licensing of ocean Disposal Restriction (LDR) treatment freight forwarders, 46 CFR part 510. standards, the review of petitions for case-by-case extensions, to LDR FEDERAL MARITIME COMMISSION License Name/address Date reissued treatment standards effective date, No. studies of RCRA waste information [Docket No. 95±11] needs and the development of rules or 2379 ..... Fabian For- July 17, 1995. reports pertaining to newly listed and warding Mar-Mol Co., and CopyCorp v. Sea- Company, identified wastes under the LDR Land Service, Inc.; Notice of Filing of Inc., 125 Yel- program. SAIC, Inc., and its Complaint and Assignment lowstone subcontractors, will need access to CBI Drive, Reno, submitted to the Office of Solid Waste Notice is given that a complaint filed NV 89512. to complete this work. Specifically, by Mar-Mol Co. and CopyCorp SAIC, Inc., and its subcontractors, need (‘‘Complainants’’) against Sea-Land Bryant L. VanBrakle, access to the CBI that EPA collected, Service, Inc. (‘‘Respondent’’) was served Director, Bureau of Tariffs, Certification and under the authority of Section 3007 of July 26, 1995. Complainants allege that Licensing. RCRA, in Industry Studies Surveys and Respondent has violated section 18(a) of [FR Doc. 95–18775 Filed 7–31–95; 8:45 am] other studies of the following industries: the Shipping Act of 1916, 46 U.S.C. app. BILLING CODE 6730±01±M mineral processing, organobromine 817 and Section 2 of the Intercoastal production, carbamates production, Shipping Act of 1993, 46 U.S.C. app. wood preserving, dyes and pigments 844 in connection with its improper Ocean Freight Forwarder License manufacturing, chlorinated aliphatics publication, assessment and collection Revocations production, solvent users, petroleum of a charge denominated as a License refinery, paint production, cement kilns; Tax, applicable to its ocean Notice is hereby given that the and information on decharacterized transportation service between points following ocean freight forwarder ignitable, corrosive, reactive, and and ports in the United States and licenses have been revoked by the toxicity characteristic waste. SAIC, Inc., points and ports in Puerto Rico. Federal Maritime Commission pursuant and its subcontractors, will use the This proceeding has been assigned to to section 19 of the Shipping Act of information to assist EPA in the the Office of Administrative Law Judges. 1984 (46 U.S.C. app. 1718) and the following: development of regulations; Hearing in this matter, if any is held, guidance documents; outreach materials regulations of the Commission shall commence within the time and publications; collection and pertaining to the licensing of ocean limitations prescribed in 46 CFR 502.61, analysis of data; development and freight forwarders, 46 CFR part 510. and only after consideration has been evaluation of waste prevention and License Number: 1693 given by the parties and the presiding management alternatives; and Name: Mattoon & Co., Inc. officer to the use of alternative forms of development and delivery of training Address: 35 Market St., San Francisco, CA dispute resolution. The hearing shall programs. 94103 In accordance with 40 CFR 2.305(h), include oral testimony and cross- Date Revoked: July 3, 1995 EPA has determined that SAIC, Inc., and examination in the discretion of the Reason: Surrendered license voluntarily. presiding officer only upon proper its subcontractors, require access to CBI License Number: 3698 submitted to EPA under the authority of showing that there are genuine issues of material fact that cannot be resolved on Name: Sea Link Corporation RCRA to perform work satisfactorily Address: 1601 South State Road 7, Ft. the basis of sworn statements, affidavits, under the above-noted contract. EPA is Lauderdale, FL 33317 depositions, or other documents or that submitting this notice to inform all Date Revoked: July 12, 1995 the nature of the matter in issue is such submitters of CBI of EPA’s intent to Reason: Failed to furnish a valid surety bond. that an oral hearing and cross- transfer CBI to these firms on a need-to- License Number: 3893 know basis. Upon completing their examination are necessary for the development of an adequate record. Name: Global Shipping and Trade Services, review of materials submitted, SAIC, Inc. Inc., and its subcontractors, will return Pursuant to the further terms of 46 CFR 502.61, the initial decision of the Address: 2050 S. Oneida St., Ste. 116, all CBI to EPA. Denver, CO 80224 EPA will authorize SAIC, Inc., and its presiding officer in this proceeding shall be issued by July 26, 1996, and the final Date Revoked: July 14, 1995 subcontractors, for access to CBI under Reason: Failed to furnish a valid surety bond. decision of the Commission shall be the conditions and terms in EPA’s Bryant L. VanBrakle, ‘‘Contractor Requirements for the issued by November 28, 1996. Joseph C. Polking, Director, Bureau of Tariffs, Certification and Control and Security of RCRA Licensing. Confidential Business Information Secretary. [FR Doc. 95–18776 Filed 7–31–95; 8:45 am] Security Manual.’’ Prior to transferring [FR Doc. 95–18822 Filed 7–31–95; 8:45 am] BILLING CODE 6730±01±M CBI to SAIC , Inc. and its BILLING CODE 6730±01±M Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39175 GENERAL SERVICES Mary L. Cunningham, GSA Clearance DEPARTMENT OF HEALTH AND ADMINISTRATION Officer, General Services HUMAN SERVICES Administration (CAIR), 18th & F Streets, Agency Information Collection NW., Washington, DC 20405. Administration for Children and Activities Under OMB Review Annual Reporting Burden: 4,000 Families The GSA hereby gives notice under responses per year; 15 hours per Agency Information Collection Under the Paperwork Reduction Act of 1980 response; annual burden hours 60,000. that it is requesting the Office of For Further Information Contact: Ida OMB Review Management and Budget (OMB) to Ustad (202–501–1043). Title: Child Care and Development renew expiring information collection Copy of Proposal: A copy of this Block Grant Reporting Requirements 3090–0263, General Services proposal may be obtained from the Administration Multiple Award Information Collection Management OMB No.: 0980–0241 Schedule (MAS) Discount Schedule and (CAIR), Room 7102, GSA Building, 18th Description: The purpose of this Marketing Data. & F Streets, NW., Washington, DC collection is to obtain data from This information collection was 20405, or by telephoning (202) 501– CCDBG grantees regarding their established to determine the 2691, or by faxing your request to (202) efforts to increase the availability, commerciality of items offered, set the 501–2727. Government’s negotiation objective, and affordability and quality of child care determine price reasonableness. Dated: July 24, 1995. using CCDBG funds. This data Agency: Office of GSA Acquisition Kenneth S. Stacey, collection is mandated by statue Policy. Acting Director, Information Management Respondents: State governments Addresses: Send comments to Edward Division (CAI). Springer, GSA Desk Officer, Room 3235, [FR Doc. 95–18785 Filed 7–31–95; 8:45 am] NEOB, Washington, DC 20503, and BILLING CODE 6820±01±M No. of re- Aver- No. of sponses age Title resondents per re- burden Burden spond- per re- ent sponse ACF±700 ...... 282 1 40 11,280 Estimated Total Annual Burden Hours: 11,280 Additional Information: Copies of the Agency Information Collection Under (b) Evaluate the accuracy of the agency’s proposed collection may be obtained OMB Review estimate of the burden of the proposed by writing to The Administration for collection of information; (c) Enhance Children and Families, Office of Proposed Information Collections the quality, utility, and clarity of the Submitted for Public Comment and Information Systems, 370 L’Enfant information to be collected; and (d) Recommendations Promenade SW., Washington, DC Minimize the burden of the collection of 20447, Attn: ACF Reports Clearance In compliance with the requirements information on respondents through the Officer of Section 3506(c)(2)(A) of the use of automated collection techniques Paperwork Reduction Act of 1995 for or other forms of information OMB Comment: Consideration will be opportunity for public comment on technology. Consideration will be given given to comments and suggestions proposed data collection projects, the to comments and suggestions submitted received within 30 days of Administration for Children and within 60 days of this publication. publication. Written comments and Families (ACF) is publishing the Proposed Project(s): recommendations for the proposed following summary(ies). Request copies Title: Report on Claims of Good Cause information collection should be sent of the proposed collection of for Refusing to Cooperate in directly to the following: Office of information and the related instructions Establishing Paternity and Security Management and Budget, Paperwork by writing to: The Administration for Child Support Reduction Project, 725 17th Street Children and Families, Office of NW., Washington, DC 20503, Attn: Information Systems, 370 L’Enfant OMB No.: 0960–0177 Ms. Wendy Taylor Promenade, SW., Washington, DC Description: This form is an enumeration of the reportable items Dated: July 26, 1995. 20447, Attn: Reports Clearance Officer. Comments are invited to: (a) Evaluate established in 45 CFR (232.48). The Roberta Katson, whether the proposed collection of report tabulates the good cause Acting Director, Office of Information information is necessary for the proper reasons for failure to cooperate in Resource Management. performance of the functions of the establishing paternity and security [FR Doc. 95–18863 Filed 7–31–95; 8:45 am] agency, including whether the child support BILLING CODE 4184±01±M information shall have practical utility; Respondents: State governments 39176 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices No. of No. of re- Aver- re- sponses age Title spond- per re- burden Burden ents spond- per re- ent sponse AFC±4680 ...... 54 2 4.0 432 Estimated Total Annual Burden: 432. Dated: July 24, 1995. Dated: July 25, 1995. Executive Orders. ATSDR is strongly Roberta Katson, Clifton R. Gaus, committed to building a more effective Acting Director, Office of Information Administrator. day-to-day working relationship with Resource Management. [FR Doc. 95–18748 Filed 7–31–95; 8:45 am] tribal governments. This relationship [FR Doc. 95–18864 Filed 7–31–95; 8:45 am] BILLING CODE 4160±90±M respects their rights of self-government because of their sovereign status. BILLING CODE 4184±01±M In fulfilling the commitment to Agency for Toxic Substances and establish and maintain government-to- Agency for Health Care Policy and Disease Registry government relations with federally Research recognized tribal governments, ATSDR [ATSDR±98] will be guided by: Health Care Policy and Research Policy on Government-to-Government (1) Section 126 of the Comprehensive Special Emphasis Panel Meeting Relations With Native American Tribal Environmental Response, Governments Compensation, and Liability Act In accordance with section 10(a) of (CERCLA) and the principles set forth in AGENCY: the Federal Advisory Committee Act (5 Agency for Toxic Substances the President’s ‘‘Memorandum for the and Disease Registry (ATSDR), Public U.S.C., Appendix 2) announcement is Heads of Executive Departments and Health Service (PHS), Department of made of the following special emphasis Agencies; Subject: Government-to- Health and Human Services (HHS). Government Relations with Native panel scheduled to meet during the ACTION: American Tribal Governments’’ (April month of August 1995: Notice. 29, 1994). In particular, ATSDR will Name: Health Care Policy and Research SUMMARY: This notice announces a draft • In a manner consistent with the Special Emphasis Panel. policy that ATSDR proposes to conduct protection of public health, consult with Date and Time: August 14, 1995, 10 a.m. a government-to-government tribal governments to ensure that tribal Place: Holiday Inn Washington National relationship with federally recognized rights and concerns are considered Airport, 1489 Jefferson Davis Highway, tribal governments. The public is before ATSDR takes actions, makes Borman Room, Arlington, VA 22202. invited to comment on this draft policy decisions, or implements programs that Open August 14, 10 a.m. to 10:15 a.m. statement. may affect tribes; and Closed for remainder of meeting. DATES: Comments must be received on • Establish procedures to work Purpose: This Panel is charged with or before August 31, 1995. directly and effectively with tribal conducting the initial review of grant ADDRESSES: Submit written comments governments on ATSDR programs. applications submitted in response to a relating to the draft policy statement to: (2) The needs and culture of request for applications proposing health Office of Federal Programs, Agency for individual tribal governments; services research on advance directives. Toxic Substances and Disease Registry, (3) ATSDR’s prior and ongoing Agenda: The open session of the meeting 1600 Clifton Road, NE., Mailstop E–28, experience with tribal governments, and on August 14, from 10:00 a.m. to 10:15 a.m., Atlanta, Georgia 30333, telephone (404) recognized organizations associated will be devoted to a business meeting 639–0730. with such governments; and covering administrative matters. During the FOR FURTHER INFORMATION CONTACT: Dr. (4) A recognized need to enhance closed session, the committee will be Mark M. Bashor, Associate coordination with other agencies with reviewing and discussing grant applications related areas of responsibility. dealing with health services research issues. Administrator for Federal Programs, In accordance with the Federal Advisory ATSDR, telephone (404) 639–0730. Dated: July 26, 1995. Committee Act, 5 U.S.C., Appendix 2 and 5 SUPPLEMENTARY INFORMATION: The Claire V. Broome, U.S.C., 552b(c)(6), it has been determined mission of ATSDR is to prevent Deputy Administrator, Agency for Toxic that this latter session will be closed because exposure and adverse human health Substances and Disease Registry. the discussions are likely to reveal personal effects and diminished quality of life [FR Doc. 95–18826 Filed 7–31–95; 8:45 am] information concerning individuals associated with exposure to hazardous BILLING CODE 4163±70±P associated with the grant applications. This substances from waste sites, unplanned information is exempt from mandatory releases, and other sources of pollution disclosure. present in the environment. In carrying Centers for Disease Control and Anyone wishing to obtain a roster of out its programs, ATSDR works with Prevention members or other relevant information other Federal, State, and local [INFO±95±01] should contact J. Terrell Hoffeld, D.D.S., government agencies, and tribal Ph.D., Agency for Health Care Policy and organizations to protect public health. Proposed Data Collections Submitted Research, Suite 400, 2101 East Jefferson The U.S. Government has a unique for Public Comment and Street, Rockville, Maryland 20852, government-to-government relationship Recommendations Telephone (301) 594–1449. with tribal governments as established Agenda items for this meeting are subject by the U.S. Constitution, by treaties, by In compliance with the requirement to change as priorities dictate. statute, by court decisions, and by of Section 3506(c)(2)(A) of the Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39177 Paperwork Reduction Act of 1995 for 4. Epidemiology of Fatiguing Illness No. of Avg. opportunity for public comment on No. of re- bur- in Wichita: A Population-Based Study— proposed data collection projects, the re- den/re- New—In 1994, OMB approved the Respondents spond- sponses/ sponse Centers for Disease Control and ents respond- (in information collection ‘‘Epidemiology of Prevention (CDC) will publish periodic ent hours) Fatiguing Illness in Wichita: A summaries of proposed projects. To Population-Based Study’’ under OMB request study materials on the proposed Patients ...... 1750 2 0.2 Number 0920–0336. Data from this project, call the CDC Reports Clearance cross-sectional, point prevalence, Officer on (404) 639–3453. 2. HIV Prevention Programs in random-digit-dial survey of prolonged Minority and other Community-Based fatiguing illness in San Francisco, CA Comments are invited on: (a) Whether Organizations Project Reports (0920– concluded that CFS continues to exist the proposed collection of information 0249)—Reinstatement—In FY 1994, and that prolonged fatigue occurs in is necessary for the proper performance CDC awarded approximately $8,400,000 over five percent of the population in of the functions of the agency, including to national/regional organizations for San Francisco. whether the information shall have HIV/STD prevention programs. In FY The proposed study replicates the San practical utility; (b) the accuracy of the 1996 the President’s budget includes a Francisco study using identical agency’s estimate of the burden of the request of $15.8 million to continue this methodology and data collection proposed collection of information; (c) program. CDC is responsible for instruments. Beginning with a random- ways to enhance the quality, utility, and monitoring and evaluating HIV/STD digit-dial telephone survey to identify clarity of the information to be prevention activities conducted with fatigued individuals, followed by a case- collected; and (d) ways to minimize the these funds. These reports allow CDC to control study where surveillance burden of the collection of information measure the progress of activities and interview instruments will be used to on respondents, including through the services supported with these funds obtain comparative data on fatigued use of automated collection techniques which in turn assures quality individuals and matched health (non- for other forms of information programming. This is a request to fatigued) controls. Study objectives technology. Send comments to Wilma continue to require quarterly progress remain to refine estimates of CFS in Johnson, CDC Reports Clearance Officer, reports from national/regional minority Wichita, identify similarities and 1600 Clifton Road, MS–D24, Atlanta, organizations funded by CDC. differences among cases and controls, GA 30333. Written comments should be and to evaluate the merits of a Avg. physician-based surveillance conducted received within 60 days of this notice. No. of No. of bur- by the Wichita department of health. re- re- den/re- Proposed Projects Respondents spond- sponses/ sponse respond- Avg. ents ent (in No. of 1. Emergency Department Prevention hours) No. of re- bur- of Alcohol-related Injuries—New—The re- den/re- Respondents spond- sponses/ sponse contribution of alcohol to injuries due to Organization ... 90 4 1 ents respond- (in motor vehicle crashes, violence, and ent hours) other causes has been a public health 3. Applied Research for Traumatic concern for many years. Because the Brain Injury (TBI) Follow-Up Registry— Individuals screened ..... 13,000 1 0.083 emergency department(ED) is the New—The purpose of this data Individuals primary source of treatment for many collection is to plan, implement, and interviewed .. 1,200 1 0.25 individuals with alcohol-related support a population-based registry of injuries, the ED visit provides a unique persons sustaining TBI to better define 5. Refinement of an Instrument on opportunity for early recognition and the outcomes and secondary conditions Teen Pregnancy and Contraceptive initial clinical management of a major associated with the injury. One grant Use—New—The University of Alabama injury risk factor, excessive alcohol recipient will develop population-based School of Public Health, through a consumption. The field of alcohol follow-up and data collection methods cooperative agreement with CDC, will treatment is evolving rapidly and statewide or in a population defined by develop an instrument that can be used therapeutic attention is increasingly a geo-political jurisdiction of 1.5 million to obtain information about directed toward persons with mild or or more persons to define the long-term contraceptive decision making and public health impacts of TBI. Tracking moderate drinking problems who do not unintended pregnancy among teens. mechanisms to follow-up persons with require specialized treatment. The CDC instrument is to identify TBI will be developed, a minimal data factors associated with (1) Early Controlled studies in outpatient primary set will be defined to include care settings have demonstrated that initiation of contraception for sexually demographic and cost data and active teens; (2) use of effective interventions consisting of as little as a information about primary and single brief interview and feedback contraceptive methods; (3) attitudes and secondary conditions, injury severity, beliefs about different methods; (4) session can decrease alcohol impairments, disabilities, services timing status of pregnancy and whether consumption in 40% to 47% of needed and used, and community an unintended pregnancy resulted from excessive drinkers at 6 months reintegration. no use or ineffective use; (5) the followup. The purpose of this study is influence of alcohol and other drugs on to design, implement, and evaluate the No. of Avg. contraceptive use; and, (6) the impact of effectiveness of an ED-based prevention No. of bur- re- re- den/re- an unintended pregnancy on subsequent program for injured patients with Respondents spond- sponses/ sponse contraceptive use. To develop the new alcohol problems that incorporates respond- ents ent (in instrument, UAB will first conduct and promising new screening methods and a hours) use data from focus groups with teens. brief intervention. TBI patients .... 1000 2 0.5 Second, the new instrument will be administered by trained interviewers to 39178 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices a sample of teens pregnant for the first The study will also attempt to identify No. of Avg. time and sexually active nonpregnant distinct or characteristic symptom No. of re- bur- adolescents aged 15–17 in Birmingham, complexes and responses of patients to re- den/re- Respondents spond- sponses/ sponse Alabama. Once all of the interviews are various treatments. The study will ents respond- (in completed, data from the questionnaires permit systematic collection of toxic ent hours) will be analyzed to determine: (1) The fish specimens for further development average length of the interview; (2) the of fish screening tests. Respondents will State and large reactions of the respondents to the be patients over age 18 presenting to city health interview questions; (3) questions that departments 60 4 2 emergency rooms and diagnosed with State and large were difficult for the respondents and ciguatera fish poisoning. interviewers; and (4) the actual city health departments 60 12 0.583 responses to the interview questions. Avg. State and large Based on the above analyses, UAB will No. of No. of re- bur- city health prepare a report for CDC which will Respondents re- sponses/ den/re- departments 60 2 3 include a revised questionnaire, and spond- sponse ents respond- (in recommendations for future use of this ent hours) Dated: July 20, 1995. type of instrument. Joseph R. Carter, Diagnosed pa- Acting Associate Director for Management Avg. tients ...... 200 2 0.75 No. of No. of bur- And Operations, Centers for Disease Control re- and Prevention (CDC). Respondents re- sponses/ den/re- spond- respond- sponse 8. A Case-Control Study to Determine [FR Doc. 95–18827 Filed 7–31–95; 8:45 am] ents (in BILLING CODE 4163±18±P ent hours) if College Attendance is a Risk Factor for Development of Invasive Pregnant ado- Meningococcal Disease (0920–0321)— lescents ...... 100 1 0.75 Reinstatement—The frequency of Disabilities Prevention Program Sexually active reports of fatal or life-threatening Project Workshop nonpregnant meningococcal disease in previously adolescents . 100 1 0.75 The National Center for healthy college students raises the Environmental Health (NCEH) of the 6. Functional Outcome and Use of possibility that college students are at Centers for Disease Control and Services Following Firearm Injuries— increased risk of meningococcal disease. Prevention (CDC) announces the New—Patients admitted to an urban Potential similarities between college following meeting. students and military recruits, for whom hospital for treatment of a firearm injury Name: Disabilities Prevention Program will be followed in order to: (1) Examine increased risk has been clearly Project Workshop. the nature and extent of functional established and who are routinely Times and Dates: 4 p.m.–6 p.m., August limitations and disability following a vaccinated against meningococcal 29, 1995, 8:30 a.m.–4:30 p.m., August 30, firearm injury, (2) examine the factors disease upon entry, suggest the need to 1995, 8:30 a.m.–12 noon, August 31, 1995. that influence patient recovery, and (3) clarify the role of college attendance in Place: Marriott Pavilion Hotel, One South document the use of post-acute services the occurrence of meningococcal Broadway, St. Louis, Missouri 63102, disease. To determine if college telephone 314/421–1776. and barriers to receiving those services. Status: Open to the public for observation, The following data will be collected: (1) attendance is a risk factor for participation, comment, and is limited only Patients will be interviewed in person meningococcal disease NCID hopes to by space available. The meeting room will prior to discharge and by phone at 3 conduct a retrospective, case-control accommodate approximately 100 people. months and 9 months after discharge; study based on cases identified by state Purpose: The meeting will provide a forum (2) the medical record will also be health departments. (0920–0321) for presentations and discussions on the abstracted. surveillance of secondary conditions associated with primary disabilities, current No. of Avg. Avg. No. of bur- and future program priorities, and future No. of re- Federal funding policies. In addition, No. of bur- Respondents re- sponses/ den/re- re- den/re- spond- sponse individualized technical assistance related to Respondents re- sponses/ respond- spond- sponse ents ent (in project issues will be available to State respond- (in hours) ents ent grantees. hours) Matters To Be Discussed: Topics to be Infected college discussed will include: Updates on the Patients with students ...... 400 1 0.355 National Disabilities Prevention Program and firearms inju- National legislation; background and ries ...... 320 3 0.60 9. Nationally Sexually Transmitted concepts of International Classification of Disease morbidity Surveillance Impairment, Disabilities, and Handicap and 7. Ciguatera Fish Poisoning Study— how secondary conditions fit; state of the art New—Approximately 100 patients with system—Continuation—The purpose of and practical illustrations of secondary acute ciguatera fish poisoning and these reports is to collect STD morbidity conditions; defining the role of the States in matched controls who provide written surveillance data from state health disability prevention; and a question and consent before entry into the study will departments nationwide. The data are answer session. be surveyed about their fish used by health care planners at the Agenda items are subject to change as consumption practices, history of national, state, and local levels to priorities dictate. ciguatera fish poisoning and symptoms develop and evaluate STD prevention Contact Person for More Information: Jack Stubbs, Project Officer, Disabilities experienced. Objectives of the study and control programs. In addition there Prevention Program, NCEH, CDC, 4770 will be to examine risk factors for are many other users of the data Buford Highway, NE, Mailstop F–29, illness, including fish exposure and including scientist, researchers, Chamblee, Georgia 30341–3724, telephone demographic characteristics of patients. educators, students and the media. 404/488–7080, FAX 404/488–7075. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39179 Dated: July 25, 1995. Dated: July 25, 1995. Dated: July 25, 1995. Carolyn J. Russell, Carolyn J. Russell, Carolyn J. Russell, Director, Management Analysis and Services Director, Management Analysis and Services Director, Management Analysis and Services Office, Centers for Diseases Control and Office, Centers for Disease Control and Office, Centers for Disease Control and Prevention (CDC). Prevention (CDC). Prevention (CDC). [FR Doc. 95–18836 Filed 7–31–95; 8:45 am] [FR Doc. 95–18840 Filed 7–31–95; 8:45 am] [FR Doc. 95–18837 Filed 7–31–95; 8:45 am] BILLING CODE 4163±18±M BILLING CODE 4160±18±M BILLING CODE 4163±18±M Public Health Response to Advisory Committee for Energy- Workshop to Review the Evidence for Nasopharyngeal Radium Irradiation Related Epidemiologic Research; an Association Between Exposure to Workshop Meeting Stachybotrys Arta and Diseases Among Infants Yale University School of Medicine, In accordance with section 10(a)(2) of the National Center for Environmental the Federal Advisory Committee Act The National Center for Health (NCEH) of the Centers for (Pub. L. 92–463), the Centers for Disease Environmental Health (NCEH) of the Disease Control and Prevention (CDC), Control and Prevention (CDC) Centers for Disease Control and the Department of Veterans Affairs, and announces the following committee Prevention (CDC) announces the the Connecticut Department of Health meeting. following meeting. announce the following meeting. Name: Workshop to Review the Evidence Name: Advisory Committee for Energy- Name: The Public Health Response to for an Association Between Exposure to Related Epidemiologic Research. Nasopharyngeal Radium Irradiation Stachybotrys Atra and Diseases Among Workshop. Times and Dates: 9 a.m.–5 p.m., August 23, Infants. Times and Dates: 8:30 a.m.–5:15 p.m., 1995, 9 a.m.–12 noon, August 24, 1995. Time and Date: 9 a.m.–4:30 p.m., August September 27, 1995, 8:30 a.m.–12:45 p.m., Place: Sheraton Suites Hotel, 801 North 25, 1995. September 28, 1995. Saint Asaph Street, Alexandria, Virginia Place: CDC, 4770 Buford Highway, NE, Place: Quality Inn (Conference Center), 100 22314. Building 101, Room 1301, Chamblee, Georgia Pond Lily Avenue, New Haven, Connecticut 06525, telephone 203/387–6651. Status: Open to the public, limited only by 30341–3724, telephone 404/488–7322. the space available. The meeting room Status: Open to the public, limited only by Status: Open to the public, limited only by the space available. The meeting room accommodates approximately 50 people. the space available. The room will Purpose: This committee is charged with accommodates approximately 250 people. accommodate approximately 50 people. Purpose: The purpose of this workshop is providing advice and recommendations to Purpose: In November 1994, CDC to review information on the medical use of the Secretary of Health and Human Services responded to a request from the Ohio nasopharyngeal radium irradiation, a medical (HHS); the Assistant Secretary for Health; the Department of Health to assist in the treatment used from approximately 1940 to Director, CDC; and the Administrator, investigation of a cluster of cases of 1960, to evaluate current knowledge of risks Agency for Toxic Substances and Disease pulmonary hemosiderosis among infants in of potential adverse health effects, and Registry, on the establishment of a research Cleveland. In December 1994, CDC was asked determine what, if any, public health agenda and the conduct of a research to respond to a request from the Illinois assessments are needed for persons and program pertaining to energy-related analytic Department of Health to investigate a similar populations who received nasopharyngeal radium irradiation. epidemiologic studies. The Committee will cluster in Chicago. Preliminary data from Agenda items are subject to change as take into consideration information and both investigations are now available. This priorities dictate. proposals provided by the Department of workshop is being held to solicit individual Contact Persons for More Information: Jan Energy (DOE), the Advisory Committee for advice and recommendations from scientists Stolwijk, Ph.D., Department of Epidemiology Environment Safety and Health which was and representatives of other Federal agencies, and Public Health, Yale University School of established by DOE under the guidelines of State and local governments, academia, and Medicine, 60 College Street, PO Box 208034, a Memorandum of Understanding between the public, regarding additional New Haven, Connecticut 06520–8034, HHS and DOE, and other agencies and epidemiologic research needs in studying the telephone 203/785–2880, FAX 203/785– organizations, regarding the direction HHS association between exposure to 6980, or Anne Mellinger, M.D., Radiation should take in establishing the research Stachybotrys atra and diseases among Studies Branch, Division of Environmental agenda and in the development of a research infants. The results of the workshop will be Hazards and Health Effects, NCEH, CDC, plan. used to aid in the development of a proposed 4770 Buford Highway, NE, M/S F–35, Atlanta, Georgia 30341–3724, telephone 404/ Matters To Be Discussed: The Committee research agenda. Matters To Be Discussed: Topics will 488–7040, FAX 404/488–7044, e-mail: will meet to discuss working group [email protected]. recommendations, environmental data and include the presentation of preliminary Dated: July 25, 1995. research methods, the research agenda, and results from the epidemiologic investigations Carolyn J. Russell, public involvement activities. Presentations from the Cleveland area in November– will be made by DOE on the Conference on December 1994 and the Chicago area in Director, Management Analysis and Services Epidemiologic Data Resources and December 1994–January 1995, followed by Office, Centers for Disease Control and Prevention (CDC). occupational surveillance plans and progress. open discussions of data and suggestions for additional analyses. Agenda items are subject to change as [FR Doc. 95–18838 Filed 7–31–95; 8:45 am] Agenda items are subject to change as priorities dictate. BILLING CODE 4163±18±M priorities dictate. Contact Person for More Information: Contact Person for More Information: Nadine Dickerson, Program Analyst, James Rifenburg, Public Health Advisor, Air Radiation Studies Branch, Division of National Committee on Vital and Health Pollution and Respiratory Health Branch, Environmental Hazards and Health Effects, Statistics (NCVHS) Executive Division of Environmental Hazards and Subcommittee; Meeting. National Center for Environmental Health, Health Effects, NCEH, CDC, 4770 Buford CDC, 4770 Buford Highway, NE, Mailstop F– Highway, NE, Mailstop F–39, Chamblee, Pursuant to Public Law 92–463, the 35, Atlanta, Georgia 30341–3724, telephone Georgia 30341–3724, telephone 404/488– National Center for Health Statistics 404/488–7040. 7322, FAX 404/488–7335. (NCHS), Centers for Disease Control and 39180 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices Prevention (CDC), announces the Dated: July 24, 1995. drug products and medical devices. One following committee meeting. Betty L. Jones, recommendation was the issuance of a Name: NCVHS Executive Subcommittee. Acting Deputy Director, Office of Compliance, public statement clarifying certain Times and Dates: 9 a.m.–5 p.m., August 29, Center for Drug Evaluation and Research. aspects of the standards for the 1995, 9 a.m.–2 p.m., August 30, 1995. [FR Doc. 95–18747 Filed 7–31–95; 8:45 am] effectiveness of human drug products Place: The Bavarian Inn, Route 1, BILLING CODE 4160±01±F and medical devices. Shepherdstown, West Virginia 25443. The Federal Food, Drug, and Cosmetic Status: Open. Act (the act) requires NDA’s and PMA’s Purpose: The purpose of this meeting is for [Docket No. 95N±0230] to contain full reports of information the Executive Subcommittee to review demonstrating that the drug or device is accomplishments, structure, needs and work Statement Regarding the safe and effective under conditions of plans of NCVHS and individual Demonstrations of Effectiveness of use in the product’s proposed labeling. subcommittees. Human Drug Products and Devices Contact Person for More Information: (See sections 505(b) and 515(c) of the Substantive program information as well as AGENCY: Food and Drug Administration, act (21 U.S.C. 355(b) and 360e(c)).) The summaries of the meeting and a roster of HHS. agency must deny approval of a NDA or committee members may be obtained from ACTION: Notice. a PMA if it finds that the application Gail F. Fisher, Ph.D., Executive Secretary, does not demonstrate that the product is NCVHS, NCHS, CDC, Room 1100, SUMMARY: The Food and Drug safe and effective for the uses indicated Presidential Building, 6525 Belcrest Road, Administration (FDA) is announcing its in the product’s proposed labeling. (See Hyattsville, Maryland 20782, telephone 301/ position regarding demonstrations of sections 505 (c) and (d) and 515(d) of 436–7050. product effectiveness in new drug the act.) Dated: July 25, 1995. applications (NDA’s) and premarket Pharmaceutical and device Carolyn J. Russell, approval applications (PMA’s). In manufacturers have sometimes claimed Director, Management Analysis and Services evaluating NDA’s and PMA’s, FDA that the agency requires new human Office, Centers for Disease Control and weighs the product’s demonstrated drug products and especially class III Prevention (CDC). effectiveness against its risks and devices (devices for which insufficient [FR Doc. 95–18839 Filed 7–31–95; 8:45 am] considers other factors such as the information exists to assure that general BILLING CODE 4163±18±M seriousness and outcome of the disease controls and special controls provide being treated and the adequacy of reasonable assurance of safety and existing treatments. The agency does not effectiveness; in general, these are the Food and Drug Administration require new human drug products or higher risk devices) to be more effective medical devices to be more effective for their intended uses than comparable [Docket No. 95N±0185] than existing therapies nor does it therapies that are already approved for necessarily require the product to be marketing. These firms assert that FDA’s Drug Export; Arimidex (Anastrozole) 1 requirements for demonstrating Milligram (mg) Tablet compared to other products. However, for products intended to treat life- effectiveness present unreasonable AGENCY: Food and Drug Administration, threatening diseases, diseases with difficulties in developing new therapies HHS. irreversible morbidity, and contagious and bringing those new therapies to market. ACTION: Notice; correction. diseases that pose serious health risks to others, it is essential for public health This notice is intended to address the concerns about a comparative SUMMARY: The Food and Drug protection that a new therapy be as Administration (FDA) is correcting a effective as existing, approved therapies. effectiveness standard that have been raised. In evaluating the safety of a new notice that appeared in the Federal DATES: Written comments by October Register of June 29, 1995 (60 FR 33810). drug or medical device, FDA weighs the 30, 1995. product’s demonstrated effectiveness The document announced that Zeneca ADDRESSES: Submit written comments Pharmaceuticals Inc., was requesting against its risks to determine whether to the Dockets Management Branch the benefits outweigh the risks. This conditional approval for export of the (HFA–305), Food and Drug human drug Arimidex (Anastrozole) 1 weighing process also takes into account Administration, rm. 1–23, 12420 information such as the seriousness and mg tablet to the United Kingdom. The Parklawn Dr., Rockville, MD 20857. document contained an error in outcome of the disease, the presence FOR FURTHER INFORMATION CONTACT: and adequacy of existing treatments, indication for use. This document Philip L. Chao, Office of Policy (HF–23), corrects that error. and adverse reaction and other safety Food and Drug Administration, 5600 data. FOR FURTHER INFORMATION CONTACT: Fishers Lane, Rockville, MD 20857, In evaluating effectiveness, FDA James E. Hamilton, Center for Drug 301–443–2831. reviews new drug products and devices Evaluation and Research (HFD–310), SUPPLEMENTARY INFORMATION: On March on their merits. FDA does not require Food and Drug Administration, 7520 4, 1995, President Clinton announced new drug products or devices to be Standish Pl., Rockville, MD 20855, 301– plans for reforming the Federal more effective than approved therapies 594–3150. regulatory system as part of his for the same disease or condition. In SUPPLEMENTARY INFORMATION: In FR Doc. ‘‘Reinventing Government’’ initiative. general, both new drug products and 95–15969 appearing on page 33810 in Part of this reform is aimed at reviewing class III devices must be shown to be the Federal Register of Thursday, June regulatory processes to determine which effective through evidence consisting of 29, 1995, the following correction is requirements could be reduced or clinical investigations that provide a made: eliminated without lowering health and basis on which it can be concluded that On page 33810, in the second column, safety standards. the new drug product or class III device under the heading SUPPLEMENTARY Pursuant to the President’s will be safe and have the effect that it INFORMATION, line 29, the word ‘‘Reinventing Government’’ initiative, is represented to have. ‘‘colorectal’’ is corrected to read FDA made several recommendations For most new drug products and new ‘‘breast’’. with respect to the regulation of human class III devices intended to treat serious Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39181 illness or provide symptomatic relief, a that this approach can be successful Provides leadership and direction for showing of effectiveness is usually only when results are strong. The all Center activities. based on a clinical trial comparing the agency has, in the past, approved new Coordinates and directs the Center product to a placebo. Such a showing human drug products on the basis of a management, planning, and evaluation does not necessarily involve a single, multi-center study. Examples systems to assure optimum utilization of comparison to another active treatment include dornase alfa for the treatment of Center manpower, financial resources, or a product that is known to be cystic fibrosis, timolol for treatment of and facilities. effective. people after a heart attack, and Directs Center operations for equal In certain circumstances, however, it zidovudine for AIDS. A statistically employment activities. may be important to consider whether a marginal result, even in a very large 2. Insert a new subparagraph new product is less effective than study, cannot provide convincing Executive Operations Staff (HFN11) available alternative therapies, when evidence without replication. under the Office of the Center Director less effectiveness could present a danger For medical devices, where the (HFN1) reading as follows: to the patient or to the public. For mechanism of action is a result of Executive Operations Staff (HFN11). example, it is essential for public health product design and substantially Provides executive secretariat support to protection that a new therapy be as verified by in vitro performance testing, the Immediate Office of the Center effective as alternatives that are already the agency has routinely relied on single Director, including coordinating approved for marketing when: (1) The studies evaluated for internal and executive and legislative disease to be treated is life-threatening across-center consistency to provide this correspondence and activities; or capable of causing irreversible high level of confidence in the result. managing the preparation and morbidity (e.g., stroke or heart attack); coordination of meetings; and preparing or (2) the disease to be treated is a Dated: July 27, 1995. background material, graphics, and contagious illness that poses serious William B. Schultz, other information for meetings, consequences to the health of others Deputy Commissioner for Policy. speeches, and presentations. (e.g., sexually transmitted diseases). [FR Doc. 95–18877 Filed 7–31–95; 8:45 am] Provides project management support It should be noted that new products BILLING CODE 4160±01±F±M for Centerwide and Agencywide are often developed for particular initiatives to improve the quality and subpopulations who either do not timeliness of regulatory reviews and respond to or are not able to tolerate an Statement of Organization, Functions, improve team-based management existing approved therapy. FDA will and Delegations of Authority practices. generally approve for use in such a Provides management support and Part H, Chapter HF (Food and Drug subpopulation a product that is shown advice to senior Center management Administration) of the Statement of to have effectiveness in this group, concerning Center programs, including Organization, Functions, and regardless of whether the product can be Center extramural contracts and grants Delegations of Authority for the shown to be as effective in the broad activities. target population as the alternative Department of Health and Human 3. Insert a new subparagraph, therapy. This is because, in effect, there Services (35 FR 3685, February 25, Regulatory Affairs Staff (HFN13), under is no available alternative therapy for 1970, and 56 FR 29484, June 27, 1991, the Office of the Center Director (HFN1) the subpopulation. For example, a as amended most recently in pertinent reading as follows: number of patients cannot tolerate a part at 58 FR 14214, March 16, 1993) is Regulatory Affairs Staff (HFN13). widely used therapy for an acquired amended to reflect the following Initiates, develops, and reviews immune deficiency syndrome (AIDS)- reorganization in the Food and Drug regulations, policies, procedures, and related pneumonia. FDA approved Administration (FDA). guidelines that affect the drug approval atovaquone for use in these patients The Office of the Center Director process. even though the drug had been shown (OCD), Center for Drug Evaluation and Serves as the Center’s focal point on to be less effective than the standard Research (CDER) is being reorganized to regulatory issues providing advice and therapy when tested in a broad enhance CDER’s responsiveness to its assistance on such matters as scope, population. internal and external customers. The applicability, and intents of the Food, An additional issue related to product Executive Operations Staff is being Drug, and Cosmetic Act and other laws, effectiveness concerns the assertion, by established to combine project regulations, and policies. some industry officials, that the act not management, executive secretariat, and 4. Delete the subparagraph, Office of be interpreted as requiring multiple program management functions. The Compliance (HFND), under the Center clinical studies when one ‘‘pivotal’’ functions and staff of the Division of for Drug Evaluation and Research (HFN) study could suffice. Regulatory Affairs are being transferred and insert a new subparagraph reading FDA believes good science dictates from the Office of Compliance to OCD as follows: that a showing of effectiveness must be as the Regulatory Affairs Staff. Office of Compliance (HFND). methodologically sound and provide a Under section HF–B, Organization: Monitors the quality of marketed drugs high level of confidence in the validity 1. Delete the subparagraph Office of through product testing, surveillance, of the result. For human drug products, the Center Director (HFN1) under the and compliance programs. this ordinarily is achieved by Center for Drug Evaluation and Advises the Center Director and other independently replicating the result in a Research (HFN), in its entirety and Agency officials on FDA’s regulatory second study, to constitute an adequate insert a new subparagraph reading as responsibilities for drugs. demonstration of effectiveness for a new follows: Develops standards for drug industry product. While a second study may well Office of the Center Director (HFN1). practices, including Current Good be needed to replicate results Promulgates, plans, administers, Manufacturing Practice (CGMP) demonstrated in a first study, in some coordinates, and evaluates overall regulations, and ensures their uniform instances, it is possible to replicate Center scientific, management, and interpretation. results within one large, well-designed, regulatory programs, plans, and Directs the Center’s bioresearch multi-center study. FDA emphasizes policies. monitoring program for drug products. 39182 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices Identifies problems in drug Place: Natcher Building, Rm. 4AN–44F, Agenda/Purpose: To review and evaluate regulation, manufacturing, and quality National Institutes of Health, Bethesda, MD grant applications. assurance and conducts voluntary 20892. Committee Name: National Institute of Contact Person: Dr. George Hausch, Chief, Mental Health Special Emphasis Panel. compliance programs and studies. Date: August 17, 1995. Develops drug quality assurance and Review Section, 4500 Center Drive, Natcher Building, Room 4AN–44F, Bethesda, MD Time: 1 p.m. surveillance programs; coordinates and 20892, (301) 594–2372. Place: Parklawn, Room 9C–26, 5600 directs their field implementation; and Purpose/Agenda: To evaluate and review Fishers Lane, Rockville, MD 20857. advises other Center components on grant applications and/or contract proposals. Contact Person: Rehana A. Chowdhury, these programs. Name of SEP: National Institute of Dental Parklawn, Room 9C–26, 5600 Fishers Lane, Coordinates Center-field relations; Research Special Emphasis Panel-R03 Rockville, MD 20857, Telephone: 301–443– 6470. provides support and guidance to the Review-3 (Teleconference). The meeting will be closed in accordance field on legal actions, case development, Dates: August 18, 1995. with the provisions set forth in sections and contested cases; and reviews and Time: 2 p.m. 552(c)(4) and 552b(c)(6), Title 5, U.S.C. Place: Natcher Building, Rm. 4AN–44F, decides disposition of field submissions Applications and/or proposals and the National Institutes of Health, Bethesda, MD involving deviations from standards. discussions could reveal confidential trade 20893. Initiates Center-field surveillance secrets or commercial property such as Contact Person: Dr. Yong Shin, Scientist assignments to monitor pivotal research patentable material and personal information Review Administrator, 4500 Center Drive, data submitted as part of premarketing concerning individuals associated with the Natcher Building, Room 4AN–38J, Bethesda, applications and/or proposals, the disclosure applications. MD 20892, (301) 594–2372. Recommends approval, denial of of which would constitute a clearly Purpose/Agenda: To evaluate and review unwarranted invasion of personal privacy. approval, or revocation of approval of grant applications and/or contract proposals. activities that use methadone and other This notice is being published less than Name of SEP: National Institute of Dental fifteen days prior to the meeting due to the drugs for which treatment standards Research Special Emphasis Panel-Clinton urgent need to meet timing limitations have been promulgated, taking any Core Centers Review. imposed by the grant review cycle. appropriate compliance action. Dates: October 18–20, 1995. (Catalog of Federal Domestic Assistance Evaluates, in coordination with Time: 9 a.m. Program Numbers 93.126, Small Business appropriate Agency Regulatory affairs Place: Natcher Building, Rm. 4AN–44F, Innovation Research; 93.242, Mental Health officials, a firms’ conformance with National Institutes of Health, Bethesda, MD Research Grants; 93.121, Scientist CGMP in producing drugs for 20893. Development Awards; 93.282, Mental Health procurement by Federal and State Contact Person: Dr. George Hausch, Chief, Research Service Awards for Research Review Section, 4500 Center Drive, Natcher Training) agencies. Building, Room 4AN–38J, Bethesda, MD Dated: July 26, 1995. Evaluates, classifies, and recommends 20892, (301) 594–2372. drug recalls and provides Center Purpose/Agenda: To evaluate and review Margery G. Grubb, coordination with field recall activities. grant applications and/or contract proposals. Senior Committee Management Specialist, Develops and implements policies The meetings will be closed in accordance NIH. and procedures in support of Center with the provision set forth in secs. [FR Doc. 95–18858 Filed 7–31–95; 8:45 am] compendial operations and directs the 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. BILLING CODE 4140±01±M Compendial Monographs Development Applications and/or proposals and the and Evaluation Program. discussions could reveal confidential trade 5. Prior Delegations of Authority. secrets or commercial property such as Division of Research Grants; Notice of Pending further delegations, directives, patentable material and personal information concerning individuals associated with the Closed Meetings or orders by the Commissioner of Food applications and/or proposals, the disclosure and Drugs, all delegations of authority Pursuant to Section 10(d) of the of which would constitute a clearly Federal Advisory Committee Act, as to positions of the affected organizations unwarranted invasion of personal privacy. in effect prior to this date shall continue This notice is being published less than amended (5 U.S.C. Appendix 2), notice in effect in them or their successors. fifteen days prior to the meeting due to the is hereby given of the following Division of Research Grants Special Emphasis Dated: July 19, 1995. urgent need to meet timing limitations imposed by the extramural research review Panel (SEP) meetings: David A. Kessler, cycle. Purpose/Agenda: To review individual Commissioner of Food and Drugs. (Catalog of Federal Domestic Assistance grant applications. [FR Doc. 95–18754 Filed 7–31–95; 8:45 am] Program No. 93.121, Oral Diseases and Name of SEP: Microbiological and BILLING CODE 4160±01±M Disorders Research) Immunological Sciences. Dated: July 26, 1995. Date: August 17, 1995. Margery G. Grubb, Time: 1:00 p.m. National Institutes of Health Place: NIH, Rockledge II, Room 4200, Senior Committee Management Specialist, Telephone Conference. NIH. National Institute of Dental Research; Contact Person: Dr. Gil Meier, Scientific Notice of Closed Meetings [FR Doc. 95–18856 Filed 7–31–95; 8:45 am] Review Admin., 6701 Rockledge Drive, Room BILLING CODE 4140±01±M 4200, Bethesda, MD 20892, (301) 435–1219. Pursuant to Section 10(d) of the Name of SEP: Behavioral and Federal Advisory Committee Act, as Neurosciences. amended (5 U.S.C. Appendix 2), notice National Institute of Mental Health; Date: August 17, 1995. is hereby given of the following Notice of Closed Meeting Time: 1:00 p.m. National Institute of Dental Research Place: NIH, Rockledge II, Room 5192, Special Emphasis Panel (SEP) meetings: Pursuant to Section 10(d) of the Telephone Conference. Federal Advisory Committee Act, as Contact Person: Dr. David Simpson, Name of SEP: National Institute of Dental Scientific Review Administrator, 6701 Research Special Emphasis Panel-Conference amended (5 U.S.C. Appendix 2), notice Rockledge Drive, Room 5192, Bethesda, MD Grant Review-1 Program (Teleconference). is hereby given of the following meeting 20892, (301) 435–1278. Dates: August 11, 1995. of the National Institute of Mental The meetings will be closed in accordance Time: 12 noon. Health Special Emphasis Panel: with the provisions set forth in secs. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39183 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. National Institute of Mental Health; on debentures issued with respect to a Applications and/or proposals and the Notice of Closed Meeting loan or mortgage insured by the Federal discussions could reveal confidential trade Housing Commissioner under the secrets or commercial property such as Pursuant to Section 10(d) of the provisions of the National Housing Act patentable material and personal information Federal Advisory Committee Act, as (the ‘‘Act’’). The interest rate for concerning individuals associated with the amended (5 U.S.C. Appendix 2), notice debentures issued under Section applications and/or proposals, the disclosure is hereby given of the following meeting 221(g)(4) of the Act during the six- of which would constitute a clearly of the National Institute of Mental month period beginning July 1, 1995, is unwarranted invasion of personal privacy. Health Special Emphasis Panel: 63⁄4 percent. The interest rate for This notice is being published less than 15 days prior to the meeting due to the urgent Agenda/Purpose: To review and evaluate debentures issued under any other grant applications. need to meet timing limitations imposed by provision of the Act is the rate in effect Committee Name: National Institute of the grant review cycle. on the date that the commitment to Mental Health Special Emphasis Panel. insure the loan or mortgage was issued, (Catalog of Federal Domestic Assistance Date: August 16, 1995. or the date that the loan or mortgage was Program Nos. 93.306, 93.333, 93.337. 93.393- Time: 11 a.m. 93.396, 93.837-93.844, 93.846-93.878, 93.892, Place: Parklawn, Room 9C–26, 5600 endorsed (or initially endorsed if there 93.893, National Institutes of Health, HHS) Fishers Lane, Rockville, MD 20857. are two or more endorsements) for insurance, whichever rate is higher. The Dated: July 24, 1995. Contact Person: Rehana A. Chowdhury, Parklawn, Room 9C–26, 5600 Fishers Lane, interest rate for debentures issued under Susan K. Feldman, Rockville, MD 20857, Telephone: 301 443– these other provisions with respect to a Committee Management Officer, NIH. 6470. loan or mortgage committed or endorsed [FR Doc. 95–18854 Filed 7–31–95; 8:45 am] The meeting will be closed in accordance during the six-month period beginning with the provisions set forth in secs. 1 BILLING CODE 4140±01±M July 1, 1995, is 7 ⁄4 percent. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Applications and/or proposals and the FOR FURTHER INFORMATION CONTACT: James B. Mitchell, Financial Services Division of Research Grants; Notice of discussions could reveal confidential trade secrets or commercial property such as Division, Department of Housing and Closed Meeting patentable material and personal information Urban Development, 470 L’Enfant Plaza concerning individuals associated with the East, Room 3119, Washington, DC Pursuant to Section 10(d) of the applications and/or proposals, the disclosure 20024. Telephone (202) 755–7450 ext. Federal Advisory Committee Act, as of which would constitute a clearly 125, or TDD (202) 708–4594 for hearing- amended (5 U.S.C. Appendix 2), notice unwarranted invasion of personal privacy. or speech-impaired callers. These are is hereby given of the following Division This notice is being published less than not toll-free numbers. of Research Grants Special Emphasis fifteen days prior to the meeting due to the SUPPLEMENTARY INFORMATION: Section Panel (SEP) meeting: urgent need to meet timing limitations imposed by the grant review cycle. 224 of the National Housing Act (24 Purpose/Agenda: To review individual (Catalog of Federal Domestic Assistance U.S.C. 1715o) provides that debentures grant applications. Program Numbers 93.126, Small Business issued under the Act with respect to an Name of SEP: Clinical Sciences. Innovation Research; 93.242, Mental Health insured loan or mortgage (except for Date: August 4, 1995. Research Grants; 93.121, Scientist debentures issued pursuant to Section Time: 1:00 p.m. Development Awards; 93.282, Mental Health 221(g)(4) of the Act) will bear interest at Place: NIH, Rockledge II, Room 4112, Research Service Awards for Research the rate in effect on the date the Telephone Conference. Training) commitment to insure the loan or Contact Person: Dr. Gopal Sharma, Dated: July 26, 1995. Scientific Review Administrator, 6701 mortgage was issued, or the date the Margery G. Grubb, Rockledge Drive, Room 4112, Bethesda, MD loan or mortgage was endorsed (or 20892, (301) 435–1783. Senior Committee Management Specialist, initially endorsed if there are two or The meeting will be closed in accordance NIH. more endorsements) for insurance, with the provision set forth in secs. [FR Doc. 95–18857 Filed 7–31–95; 8:45 am] whichever rate is higher. This provision 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. BILLING CODE 4140±01±M is implemented in HUD’s regulations at Applications and/or proposals and the 24 CFR 203.405, 203.479, 207.259(e)(6), discussions could reveal confidential trade and 220.830. Each of these regulatory secrets or commercial property such as DEPARTMENT OF HOUSING AND provisions states that the applicable patentable material and personal information URBAN DEVELOPMENT rates of interest will be published twice concerning individuals associated with the each year as a notice in the Federal applications and/or proposals, the disclosure Office of the Assistant Secretary for Register. of which would constitute a clearly HousingÐFederal Housing Section 224 further provides that the unwarranted invasion of personal privacy. Commissioner interest rate on these debentures will be This notice is being published less than 15 set from time to time by the Secretary days prior to the meeting due to the urgent [Docket No. FR±3936±N±01] of HUD, with the approval of the need to meet timing limitations imposed by the grant review cycle. Mortgage and Loan Insurance Secretary of the Treasury, in an amount Programs Under the National Housing not in excess of the annual rate (Catalog of Federal Domestic Assistance determined by the Secretary of the Program Nos. 93.306, 93.333, 93.337. 93.393– ActÐDebenture Interest Rates 93.396, 93.837–93.844, 93.846–93.878, Treasury pursuant to a statutory formula 93.892, 93.893, National Institutes of Health, AGENCY: Office of the Assistant based on the average yield of all HHS) Secretary for Housing—Federal Housing outstanding marketable Treasury obligations of maturities of 15 or more Dated: July 24, 1995. Commissioner, (HUD). years. Susan K. Feldman, ACTION: Notice of change in debenture interest rates. The Secretary of the Treasury (1) has Committee Management Officer, NIH. determined, in accordance with the [FR Doc. 95–18855 Filed 7–31–95; 8:45 am] SUMMARY: This notice announces provisions of Section 224, that the BILLING CODE 4140±01±M changes in the interest rates to be paid statutory maximum interest rate for the 39184 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices period beginning July 1, 1995, is 71⁄4 in the HUD regulations at 24 CFR The following vehicle restrictions percent and (2) has approved the 221.790. apply to this planning area: establishment of the debenture interest The Secretary of the Treasury has (1) The connector trail between rate by the Secretary of HUD at 71⁄4 determined that the interest rate to be Blackrock Canyon and Caddy Canyon percent for the six-month period borne by debentures issued pursuant to (T. 7 S., R. 35 E., Sec. 12, BM, T. 7 S., beginning July 1, 1995. This interest rate Section 221(g)(4) during the six-month R. 36 E., Sec. 7 and 18, BM.) is open will be the rate borne by debentures period beginning July 1, 1995, is a 63⁄4 only to vehicles 48 inches in width or issued with respect to any insured loan percent. less; or mortgage (except for debentures HUD expects to publish its next (2) The current designation on the issued pursuant to Section 221(g)(4)) notice of change in debenture interest road that parallels the Right Hand Fork with an insurance commitment or rates in December 1995. of Blackrock Creek from Katsilometes endorsement date (as applicable) within The subject matter of this notice falls Spring to the top of the canyon, (T. 7 S., the last six months of 1995. within the categorical exclusion from R. 35 E., Sec. 12, BM. and T. 7 S., R. 36 For convenience of reference, HUD is HUD’s environmental clearance E., Sec. 7 and 6, BM.), is being changed publishing the following chart of procedures set forth in 24 CFR 50.20(l). from open to all motor vehicles to open debenture interest rates applicable to For that reason, no environmental only to vehicles less than 48 inches in mortgages committed or endorsed since finding has been prepared for this width; January 1, 1980: notice. (3) The trail connecting Sorrel Canyon (Secs. 211, 221, 224, National Housing Act, to the top of Caddy Canyon (T. 7 S., R. Effective 12 U.S.C. 1715b, 17151, 1715o; sec. 7(d), 36 E., Sec. 5, 6, 8 and 9, BM.) and on interest On or after Prior to Department of HUD Act, 42 U.S.C. 3535(d)). into Blackrock Canyon is designated as rate Dated: July 24, 1995. a non-motorized vehicle trail only; Nicolas P. Retsinas, (4) The trail in T. 7 S., R 36 E., Sec. 91¤2 ...... Jan. 1, 1980 ..... July 1, 1980. 6, 7, 13, and 18, BM. is open only to 97¤8 ...... July 1, 1980 ..... Jan. 1, 1981. Assistant Secretary for Housing-Federal 3 Housing Commissioner. vehicles less than 48 inches in width. 11 ¤4 .... Jan. 1, 1981 ..... July 1, 1981. (5) Any other travel within the 127¤8 .... July 1, 1981 ..... Jan. 1, 1982. [FR Doc. 95–18769 Filed 7–31–95; 8:45 am] 3 planning area is restricted to travel on 12 ¤4 .... Jan. 1, 1982 ..... Jan. 1, 1983. BILLING CODE 4210±27±M 101¤4 .... Jan. 1, 1983 ..... July 1, 1983. designated roads and trails by any 103¤8 .... July 1, 1983 ..... Jan. 1, 1984. vehicle. 111¤2 .... Jan. 1, 1984 ..... July 1, 1984. (6) The entire planning area is closed DEPARTMENT OF THE INTERIOR 133¤8 .... July 1, 1984 ..... Jan. 1, 1985. to all vehicles from November 15 to 115¤8 .... Jan. 1, 1985 ..... July 1, 1985. Bureau of Land Management April 15 of each year, with the 111¤8 .... July 1, 1985 ..... Jan. 1, 1986. exception of the area identified as the 101¤4 .... Jan. 1, 1986 ..... July 1, 1986. [ID±030±030216±1220±00±24±1A] Northeast subunit. This area is open to 1 8 ¤4 ...... July 1, 1986 ..... Jan. 1, 1987. snowmobiles as identified in the 8 ...... Jan. 1, 1987 ..... July 1, 1987. Implementation of Planning Document 9 ...... July 1, 1987 ..... Jan. 1, 1988. Federal Register notice dated Restricting Vehicle Use to Designated September 5, 1980. 91¤8 ...... Jan. 1, 1988 ..... July 1, 1988. Roads and Trails, Limiting Use of 3 The above vehicle restrictions apply 9 ¤8 ...... July 1, 1988 ..... Jan. 1, 1989. Certain Vehicles, and Prohibiting the 91¤4 ...... Jan. 1, 1989 ..... July 1, 1989. to all public lands bounded by the 9 ...... July 1, 1989 ..... Jan. 1, 1990. Use of Firearms Within Designated following description: From the Safety Zones Within the Chinks Peak/ 81¤8 ...... Jan. 1, 1990 ..... July 1, 1990. junction of Interstate I–15 and the 9 ...... July 1, 1990 ..... Jan. 1, 1991. Blackrock Canyon Resource Activity Pocatello Creek Road following I–15 83¤4 ...... Jan. 1, 1991 ..... July 1, 1991. Planning Area southerly to Inkom, Idaho and the 81¤2 ...... July 1, 1991 ..... Jan. 1, 1992. AGENCY: Bureau of Land Management, junction of I–15 and the Rapid Creek 8 ...... Jan. 1, 1992 ..... July 1, 1992. Road, thence northerly on the Rapid 8 ...... July 1, 1992 ..... Jan. 1, 1993. Interior. Creek Road to the West Fork of Rapid 73¤4 ...... Jan. 1, 1993 ..... July 1, 1993. ACTION: Notice. 7 ...... July 1, 1993 ..... Jan. 1, 1994. Creek Road (known as the Hoot Owl SUMMARY 65¤8 ...... Jan. 1, 1994 ..... July 1, 1994. : Notice is hereby given in Road), thence westerly on the West Fork 73¤4 ...... July 1, 1994 ..... Jan. 1, 1995. accordance with Title 43 CFR Group of Rapid Creek to the junction of the 83¤8 ...... Jan. 1, 1995 ..... July 1, 1995. 8000–Recreation Programs, and in West Fork of Rapid Creek and the 71¤4 ...... July 1, 1995. accordance with the principles Buckskin Road, thence westerly on the established by the National Buckskin Road to the junction of the Section 221(g)(4) of the Act provides Environmental Policy Act of 1969 and Pocatello Creek Road to the point of that debentures issued pursuant to that the Federal Land Policy and beginning. paragraph (with respect to the Management Act of 1976, that lands In addition to the above vehicle assignment of an insured mortgage to administered by the Bureau of Land restrictions, the Bureau of Land the Secretary) will bear interest at the Management within Bannock County, Management is also implementing a ‘‘going Federal rate’’ of interest in effect Idaho, known as the Chinks Peak/ shooting restriction area or safety zone. at the time the debentures are issued. Blackrock Canyon Planning Area have The need for this restriction is due to The term ‘‘going Federal rate’’ is defined certain roads and trails which have been the heavy recreational use of the area to mean the interest rate that the designated for specific types of vehicle along the main Blackrock Canyon Road Secretary of the Treasury determines, use. For the purposes of this notice, a from the Public Land boundary up to pursuant to a statutory formula based on vehicle is defined as: Any device used and including Katsilometes Spring, (T. 7 the average yield on all outstanding for transporting personnel or material S. R. 35 E., Sec. 11, 12, and 14, BM.). marketable Treasury obligations of with wheels, tracks, or skids for It has been determined that in the eight- to twelve-year maturities, for the traveling over land, water, or snow, and interest of the public’s safety and well six-month periods of January through is propelled by a living or non-living being, shooting of any firearm is June and July through December of each power source contained or carried on or prohibited within 150 yards of either year. Section 221(g)(4) is implemented within the device. Includes bicycles. side of the above designated road. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39185 The plan implementing these actions Rose, Edward, House, 325 2nd Ave., NW., Renaissance Apartments, 480 Nostrand Ave., was approved on May 25, 1995 by Fayette, 95001020 Brooklyn, 95001026 Pocatello Area Manager Jeff S. Steele. Lauderdale County Otsego County The plan was jointly prepared through Downtown Florence Historic District, Lindesay Patent Rural Historic District public input and a public meeting held Roughly, 104 N. Court St.—119 S. Court St. (Boundary Increase), Roughly bounded by on February 2, 1995. The planning area (E side), 100–128 E. Tennessee St. and 106, US 20, NY 166, Fields Rd., O’Neil Rd., Co. covers approximately 13,806 acres of 108 and 110 S. Seminary St., Florence, Rd. 33 and Shipway Rd., Cherry Valley, Public lands administered by the 95001021 95001024 Bureau of Land Management. Macon County Washington County The official map of the above vehicle designations and planning area is on file Butler Chapel African Methodist Episcopal Village of Greenwich Historic District, Zion Church, 1002 N. Church St., at the Pocatello Resource Area Office, Roughly, along Academy, Church, Cottage, Tuskegee, 95001022 Gray, Main, Prospect and Salem Sts. and Bureau of Land Management, 1111 N. Tallapoosa County Washington Sq., Town of Greenwich, 8th. Ave., Pocatello, Idaho, 83201. Greenwich, 95001025 Copies of the map are available upon Herzfeld, Reuben, House, 497 Hillabee St., request. Alexander City, 95001023 OHIO The following individuals are exempt DELAWARE Licking County from this notice: individuals involved in New Castle County Outville Depot, 6750 Outville Rd., SW., the performance of their official duties Pataskala vicinity, 95001034 and administration of the area such as Iron Hill School No. 112C, 1335 Old the BLM, Local and Federal fire fighting Baltimore Pike, Pencader Hundred, TENNESSEE agency’s, local law enforcement, search Newark vicinity, 95001032 Dickson County North Saint Georges Historic District, and rescue, or other individuals so Leech—Larkins Farm (Historic Family Farms authorized by the Bureau of Land Roughly, along Main, Broad, Delaware and Church Sts., Red Lion Hundred, St. in Middle Tennessee MPS), 4199 TN 47, Management. Georges, 95001033 Charlotte vicinity, 95001015 EFFECTIVE DATE: This restriction notice TEXAS shall be effective immediately and shall IOWA stay in effect until modified or Audubon County Galveston County rescinded. Kimballton Commercial District (Ethnic Illies Building—Justine Apartments, FOR FURTHER INFORMATION CONTACT: Jeff Historic Settlement of Shelby and (Galveston Central Business District— S. Steele, Pocatello Resource Area Audubon Counties MPS), Jct. of Alfred and Downtown MPS), 503 21st St., Galveston, 95001028 Manager, Bureau of Land Management, Main Sts., Kimballton, 95001016 1111 N. 8th. Ave. Pocatello, Idaho Kimballton West 2nd—West 3rd Street Tarrant County 83201 (208) 236–6860. Residential District (Ethnic Historic Settlement of Shelby and Audubon Shaw, Thomas and Marjorie, House, 2404 Dated: July 6, 1995. Counties MPS), Roughly, W. 2nd St. from Medford Ct. E., Fort Worth, 95001029 Jeff S. Steele, IA 44 to S of Odense St. and W. 3rd St. Travis County Area Manager. from IA 44 to Esbeck St., Kimballton, Brewer, John Henry and Minnie Tate, House, 95001017 [FR Doc. 95–17839 Filed 7–31–95; 8:45 am] 1108 S. Chicon St., Austin, 95001027 BILLING CODE 4310±GG±P MASSACHUSETTS WASHINGTON Worcester County Kitsap County National Park Service East Blackstone Friends Meetinghouse, 197 Jackson Hall Memorial Community Hall, Elm St., Blackstone, 95001035 9161 Washington Ave., Silverdale, National Register of Historic Places; Holden Center Historic District (Boundary 95001036 Notification of Pending Nominations Increase), Roughly, along Highland, Main, Reservoir, Pleasant and Walnut Sts. and [FR Doc. 95–18852 Filed 7–31–95; 8:45 am] Nominations for the following Woodland, Phillips and Lovell Rds., BILLING CODE 4310±70±P properties being considered for listing Holden, 95001031 in the National Register were received Southwick—Daniels Farm, 286 Mendon St., Blackstone, 95001030 by the National Park Service before July DEPARTMENT OF JUSTICE 22, 1995. Pursuant to section 60.13 of 36 MICHIGAN Drug Enforcement Administration CFR Part 60 written comments Manistee County concerning the significance of these properties under the National Register Udell Lookout Tower, Forest Rd. 5207, Importation of Controlled Substances; Huron—Manistee NF, Wellston, 95001013 criteria for evaluation may be forwarded Application NEW MEXICO to the National Register, National Park Pursuant to Section 1008 of the Service, P.O. Box 37127, Washington, Colfax County Controlled Substances Import and D.C. 20013–7127. Written comments Villa Philmonte Historic District, Philmont Export Act (21 U.S.C. 958(i)), the should be submitted by August 16, Scout Ranch, Cimarron vicinity, 95001018 Attorney General shall, prior to issuing 1995. Lincoln County a registration under this Section to a Carol D. Shull, bulk manufacturer of a controlled Keeper of the National Register. Hopeful Lode, (Mining Sites in the Nogal substance in Schedule I or II and prior Mining District of the Lincoln National ALABAMA Forest MPS), Along Forest Rd. 108, 6 mi. to issuing a regulation under section 1002(a) authorizing the importation of Baldwin County N of jct. of Forest Rds. 107 and 108, N of Bonito Lake, Nogal vicinity, 95001014 such a substance, provide Brunell House, 12113 Jessamine St., manufacturers holding registrations for Magnolia Springs, 95001019 NEW YORK the bulk manufacture of the substance Fayette County Kings County an opportunity for a hearing. 39186 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices Therefore, in accordance with Manufacturer of Controlled DEPARTMENT OF LABOR § 1311.42 of Title 21, Code of Federal Substances; Registration Regulations (CFR), notice is hereby Employment Standards Administration given that on June 2, 1995, Arenol By Notice dated April 4, 1995, and Agency Reporting/Recordkeeping Chemical Corporation, 189 Meister published in the Federal Register on Requirements To Be Reviewed by the Avenue, Somerville, New Jersey 08876, April 12, 1995, (60 FR 18618), Knoll Office of Management and Budget made application to the Drug Pharmaceuticals, 30 North Jefferson (OMB); Correction Enforcement Administration to be Road, Whippany, New Jersey 07981, registered as an importer of the basic made application to the Drug AGENCY: Employment Standards classes of controlled substances listed Enforcement Administration (DEA) to Administration, Labor. below: be registered as a bulk manufacturer of ACTION: Correction. Hydromorphone (9150), a basic class of SUMMARY: Drug Schedule controlled substance listed in Schedule In notice document 95–17997 beginning on page 37675 in the issue of II. Methamphetamine (1105) ...... II Friday, July 21, 1995, make the Phenylacetone (8501) ...... II No comments or objections have been following corrections: received. Therefore, pursuant to section On page 37675; in the last column, 303 of the Comprehensive Drug Abuse The firm plans to import the listed the sentence which reads: ‘‘Comments Prevention and Control Act of 1970 and on the information collection should be controlled substances to manufacture title 21, Code of Federal Regulations, directed to the Agency Clearance Officer pharmaceutical products. § 1301.54(e), the Deputy Assistant within 30 days of this notice’’ should be Any manufacturer holding, or Administrator, Office of Diversion changed to read: ‘‘Comments on the applying for, registration as a bulk Control, hereby orders that the information collection should be manufacturer of these basic classes of application submitted by the above firm directed to the Agency Clearance Officer controlled substances may file written for registration as a bulk manufacturer within 60 days of this notice.’’ On page comments on or objections to the of the basic class of controlled substance 37676 first column, 38 U.S.C. 2012 application described above and may, at listed above is granted. should be changed to read U.S.C. 4212. the same time, file a written request for Gene R. Haislip, Dated: July 27, 1995. a hearing on such application in Margaret J. Sherrill, accordance with 21 CFR 1301.54 in Deputy Assistant Administrator, Office of Chief, Branch of Management, Review and such form as prescribed by 21 CFR Diversion Control, Drug Enforcement Administration. Analysis, Division of Financial Management, 1316.47. [FR Doc. 95–18753 Filed 7–31–95; 8:45 am] Office of Management, Administration and Planning, Employment Standards Any such comments, objections, or BILLING CODE 4410±09±M requests for a hearing may be addressed Administration. to the Deputy Assistant Administrator, [FR Doc. 95–18821 Filed 7–31–95; 8:45 am] Office of Diversion Control, Drug Importer of Controlled Substances; BILLING CODE 4510±27±M Enforcement Administration, United Registration States Department of Justice, Employment and Training Washington, DC 20537, Attention: DEA By Notice dated March 8, 1995, and Administration Federal Register Representative (CCR), published in the Federal Register on and must be filed no later than (30 days March 14, 1995, (60 FR 13736), Roche Advisory Council on Unemployment from publication). Diagnostic Systems, Inc., 1080 U.S. Compensation; Notice of Meeting This procedure is to be conducted Highway 202, Somerville, New Jersey SUMMARY: 08876, made application to the Drug The Advisory Council on simultaneously with and independent Unemployment Compensation (ACUC) Enforcement Administration (DEA) to of the procedures described in 21 CFR was established in accordance with the be registered as an importer of 1311.42 (b), (c), (d), (e), and (f). As noted provisions of the Federal Advisory in a previous notice at 40 FR 43745–46 Tetrahydrocannabinols (7370), a basic Committee Act on January 24, 1992 (57 (September 23, 1975), all applicants for class of controlled substance listed in FR 4007, Feb. 3, 1992). Public Law 102– registration to import basic classes of Schedule I. 164, the Emergency Unemployment any controlled substances in Schedule I No comments or objections have been Compensation Act of 1991, mandated or II are and will continue to be required received. Therefore, pursuant to section the establishment of the ACUC to to demonstrate to the Deputy Assistant 1008(a) of the Controlled Substances evaluate the overall unemployment Administrator, Office of Diversion Import and Export Act and in insurance program. Control, Drug Enforcement accordance with Title 21, Code of The ACUC recently, through requests Administration that the requirements Federal Regulations, § 1311.42, the for proposals, commissioned researchers for such registration pursuant to 21 above firm is granted registration as an to prepare reports on a variety of topics U.S.C. 958(a), 21 U.S.C. 823(a), and 21 importer of the basic class of controlled associated with the ACUC’s CFR 1311.42 (a), (b), (c), (d), (e), and (f) substance listed above. deliberations on the reform of the are satisfied. unemployment insurance system. The Dated: July 24, 1995. Dated: July 24, 1995. purpose of this meeting is to provide a Gene R. Haislip, forum for presentation and discussion of Gene R. Haislip, Deputy Assistant Administrator, Office of the results of these research findings. Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Time and Place: The meeting will be held Diversion Control, Drug Enforcement Administration. Administration. from 8 a.m. to 5:30 p.m. on August 17, 1995 [FR Doc. 95–18752 Filed 7–31–95; 8:45 am] and from 8 a.m. to 4:15 p.m. on August 18, [FR Doc. 95–18751 Filed 7–31–95; 8:45 am] BILLING CODE 4410±09±M 1995 at Hampton Inn, 8 Mountain View BILLING CODE 4410±09±M Drive, Colchester, Vermont. A lunch break is Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39187 scheduled from 12:15 p.m. to 1:45 p.m. on requests to OMB for review and Law 92–463), as amended, notice is August 17, 1995 and from 12:00 p.m. to 1:30 approval, and to publish a notice in the hereby given that a meeting of the p.m. on August 18, 1995. Federal Register notifying the public Opera-Musical Theater Advisory Panel Agenda: Conference participants will that the agency has made submission. (Professional Companies Sections A and present and discuss the following Copies of the proposed forms, the commissioned reports: B) to the National Council on the Arts requests for clearance (OMB 83–1), 1. Do Employees Take Advantage of Free- will be held. Panel A will meet from 9 Layoff Loopholes in Unemployment supporting statements, instructions, a.m. to 7:30 p.m. on August 8–10, and Insurance? transmittal letters, and other documents from 9 a.m. to 5 p.m. on August 11. 2. The Effects of UI Payroll Tax on Layoffs, submitted to OMB for review, may be Panel B will meet from 9 a.m. to 7:30 Employment, and Wages: A Natural obtained from the Agency Clearance p.m. on August 14–16 and from 9 a.m. Experiment in Washington State Officer. Comments on the items listed to 5 p.m. on August 17. This meeting 3. Unemployment Insurance and Household should be submitted to the Agency will be held in Room M–07, at the Welfare: Microeconomic Evidence 1980–93 Clearance Officer and the OMB Nancy Hanks Center, 1100 Pennsylvania 4. Optimal Unemployment Insurance Paperwork Reduction Project. 5. The Role of UI in Addressing Structural Avenue, NW., Washington, DC 20506. DATES: Comments are requested by Unemployment: Lessons from Other Portions of this meeting will be open August 31, 1995. If you anticipate Nations to the public on August 8 and 14 from 6. Repeat Use of Unemployment Insurance commenting on a form but find that 9 a.m. to 9:45 a.m. for orientation and 7. The Design of Extended Unemployment time to prepare will prevent you from Benefit Programs submitting comments promptly, you introductory remarks and on August 11 8. The Evaluation of Unemployment should advise the OMB Paperwork and 17 from 3:45 p.m. to 5 p.m. for a Insurance Reduction Project and the Agency policy discussion and guideline review. 9. Interstate Competition in the UI Program The remaining portions of this 10. Incentive Compatibility in Administering Clearance Officer of your intent as early the UI System as possible. meeting from 9:45 a.m. to 7:30 p.m. on 11. Rethinking Federal and State Roles in ADDRESSES: Donald J. Andreotta, NASA August 8 and 14 from 9 a.m. to 7:30 Unemployment Insurance Agency Clearance Officer, Code JT, p.m. on August 9, 10, 15 and 16 are for 12. The Unemployment Experience of NASA Headquarters, Washington, DC the purpose of Panel review, discussion, Immigrants 20546; Office of Management and evaluation, and recommendation on 13 Eligibility Disputes in UI: A Comparison Budget, Paperwork Reduction Project applications for financial assistance of the U.S. and Other Systems (2700–0084), Washington, DC 20503. under the National Foundation on the 14. Understanding Denials and Appeals in Arts and the Humanities Act of 1965, as the U.S. FOR FURTHER INFORMATION CONTACT: amended, including information given Public Participation: The meeting will be Bessie B. Berry, NASA Reports Officer, open to the public. Seating will be available (202) 358–1368. in confidence to the agency by grant applicants. In accordance with the on a first-come, first-served basis. Seats will Reports be reserved for the media. Individuals with determination of the Chairman of June disabilities in need of special Title: NASA Customer Satisfaction 22, 1995, these sessions will be closed accommodations should contact the Surveys Under E.O. 12862. to the public pursuant to subsection (c) Designated Federal official (DFO), listed OMB Number: 2700–0084. (4), (6) and (9)(B) of section 552b of Title below, at least 7 days prior to the meeting. Type of Request: Extension. 5, United States Code. For Additional Information Contact: Esther Frequency of Report: Semi-annually. R. Johnson, DFO, Advisory Council on Type of Respondent: Individuals or Any person may observe meetings, or Unemployment Compensation, U.S. households, business or other for profit, portions thereof, of advisory panels Department of Labor, 200 Constitution not-for-profit institutions. which are open to the public, and may Avenue, NW., Room S4231, Washington, DC Number of Respondents: 1,000. be permitted to participate in the 20210. She may be reached at (202) 219–7831 Total Annual Responses: 1,000. panel’s discussions at the discretion of (this is not a toll-free number). Hours Per Request: .25. the panel chairman and with the Signed at Washington, DC, this 27th day of Total Annual Burden Hours: 250. approval of the full-time Federal July 1995. Abstract-Need/Uses: Short, focused, employee in attendance. Timothy M. Barnicle, limited surveys of NASA’s customers If you need special accommodations Assistant Secretary of Labor. conducted in response to E.O. 12862— due to a disability, please contact the NASA will use information collected to [FR Doc. 95–18820 Filed 7–31–95; 8:45 am] Office of Special Constituencies, improve customer satisfaction with BILLING CODE 4510±30±M National Endowment for the Arts, 1100 Agency’s products and services. Pennsylvania Avenue, NW., Dated: July 21, 1995. Washington, DC 20506, 202/682–5532, NATIONAL AERONAUTICS AND Donald J. Andreotta, TYY–TDD 202/682–5496, at least seven SPACE ADMINISTRATION Deputy Director, IRM Division. (7) days prior to the meeting. [Notice (95±067)] [FR Doc. 95–18849 Filed 7–31–95; 8:45 am] Further information with reference to BILLING CODE 7510±01±M this meeting can be maintained from Agency Report Forms Under OMB Ms. Yvonne Sabine, Committee Review Management Officer, National AGENCY: National Aeronautics and NATIONAL FOUNDATION ON THE Endowment for the Arts, Washington, Space Administration. ARTS AND THE HUMANITIES DC 20506, or call 202/682–5788. ACTION: Notice of agency report forms National Endowment for the Arts Dated: July 26, 1995. under OMB review. Yvonne M. Sabine, Opera-Musical Theater Advisory SUMMARY: Director, Office of Council and Panel Under the provisions of the Meetings Paperwork Reduction Act (44 U.S.C. Operations, National Endowment for the Arts. Chapter 35), agencies are required to Pursuant to Section 10(a)(2) of the [FR Doc. 95–18765 Filed 7–31–95; 8:45 am] submit proposed information collection Federal Advisory Committee Act (Public BILLING CODE 7537±01±M 39188 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices DEPARTMENT OF JUSTICE 738–8895. Set modem at 9600 baud, 8– ncjrsbbs.aspensys.com, or gopher to N–1. ncjrs.aspensys.com 71. Those without Office of Justice Programs Jeremy Travis, Internet access can dial the NCJRS Bulletin Board via modem: dial 301– National Institute of Justice Director, National Institute of Justice. [FR Doc. 95–18756 Filed 7–31–95; 8:45 am] 738–8895. Set modem at 9600 baud, 8– [OJP (NIJ) No. 1056] BILLING CODE 4410±18±P N–1. Jeremy Travis, ZRIN 1121±ZA18 Director, National Institute of Justice. National Institute of Justice National Institute of Justice [FR Doc. 95–18755 Filed 7–31–95; 8:45 am] Solicitation ``Fellowship Opportunities [OJP (NIJ) No. 1057] BILLING CODE 4410±18±P at the National Institute of Justice'' ZRIN 1121±ZA19 AGENCY: U.S. Department of Justice, National Institute of Justice NUCLEAR REGULATORY Office of Justice Programs, National COMMISSION Institute of Justice. Solicitation ``NIJ Requests Proposals ACTION: Announcement of the for Research in Action Partnerships'' [Docket No. 72±8 (50±317/318] availability of the National Institute of AGENCY: U.S. Department of Justice, Baltimore Gas and Electric Co.; Justice Solicitation ‘‘Fellowship Office of Justice Programs, National Issuance of Amendment to Materials Opportunities at the National Institute Institute of Justice. License SNM±2505 of Justice’’. ACTION: Announcement of the availability of the National Institute of The U.S. Nuclear Regualtory ADDRESSES: National Institute of Justice, Justice Solicitation ‘‘NIJ Requests Commission (the Commission) has 633 Indiana Avenue, NW., Washington, Proposals for Research in Action issued Amendment No. 1 to Materials DC 20531. Partnerships’’. License No. SNM–2505 held by DATES: The deadlines for receipt of Baltimore Gas and Electric Company for proposals are close of business on ADDRESSES: National Institute of Justice, the receipt and storage of spent fuel at September 15, 1995 and April 15, 633 Indiana Avenue, NW., Washington, the Calvert Cliffs Nuclear Power Plant in August 15 and December 16, 1996. DC 20531. an independent spent fuel storage SUPPLEMENTARY INFORMATION: The DATES: The deadline for receipt of installation (ISFSI), located in Calvert following supplementary information is proposals is close of business on County, Maryland. The amendment is provided: September 8, 1995. effective as of the date of issuance. FOR FURTHER INFORMATION CONTACT: John The amendment revises the Technical Authority Thomas, National Institute of Justice, at Specifications in the license to exempt This action is authorized under the (202) 514–6206. the first two dry shielded canisters Omnibus Crime Control and Safe Streets SUPPLEMENTARY INFORMATION: The (DSC) (Serial Nos. BGE 24P–R011 & BGE Act of 1968, §§ 201–03, as amended, 42 following supplementary information is 24P–R002) from the Technical U.S.C. 3721–23 (1988). provided: Specification limits on the vacuum drying process. The safety evaluation Background Authority report on the amendment demonstrates The National Institute of Justice is This action is authorized under the that the first and second DSC meet the soliciting proposals from criminal Omnibus Crime Control and Safe Streets design criterion. The report also justice professionals and scholars to Act of 1968, §§ 201–03, as amended, 42 demonstrates that there is reasonable undertake studies as part of NIJ’s U.S.C. 3721–23 (1988). assurance that the public health and fellowship programs, which include the safety will not be endangered by Visiting Fellowship Program, the Background activities authorized under this Assistant Attorney General’s Graduate Through this solicitation the National amendment and that the amendment Research Fellowship Program, the Institute of Justice is seeking to will not have a significant impact on the Graduate Research Fellowships at encourage the development of human environment. Historically Black Colleges and partnerships with national professional The application for the amendment Universities, the Graduate Law and membership organizations complies with the standards and Enforcement Technology Fellowship, representing the various professional requirements of the Atomic Energy Act the John B. Pickett Fellowships in groups within law enforcement and of 1954, as amended (the Act), and the Criminal Justice Policy and criminal justice or representing elected Commission’s rules and regulations. Management, and the NIJ Internship governmental officials at the State or The Commission has made appropriate Program. Interested persons should call local levels. Partnerships are sought findings as required by the Act and the the National Criminal Justice Reference with two goals in mind—to encourage Commission’s rules and regulations in Service (NCJRS) at 1–800–851–3420 to the understanding and use of research 10 CFR Chapter I, which are set forth in obtain a copy of ‘‘Fellowship results, and to encourage the use of new the license amendment. In accordance Opportunities at the National Institute communications technologies. with 10 CFR 72.46(b)(2), prior public of Justice’’ (refer to document No. Interested persons should call the notice of the amendment was not SL000123). The solicitation is available National Criminal Justice Reference required since the amendment does not electronically via the NCJRS Bulletin Service (NCJRS) at 1–800–851–3420 to involve a significant hazards Board, which can be accessed via obtain a copy of ‘‘NIJ Requests Proposals consideration. Interested persons may Internet. Telnet to for Research in Action Partnerships’’ request a hearing on whether the action ncjrsbbs.aspensys.com, or gopher to (refer to document No. SL000128). The should be rescinded or modified. ncjrs.aspensys.com 71. Those without solicitation is available electronically The Commission has determined that Internet access can dial the NCJRS via the NCJRS Bulletin Board, which the issuance of the amendment will not Bulletin Board via modem: dial 301– can be accessed via Internet. Telnet to result in any significant environmental Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39189 impact and that, pursuant to 10 CFR facility in accordance with the proposed growth to develop a beginning of cycle (BOC) 51.21, an environmental assessment amendments would not (1) involve a repair limit that would preclude indications need not be prepared in connection significant increase in the probability or at EOC conditions that exceed the structural with issuaance of the amendment. consequences of an accident previously limit. The nondestructive examination (NDE) uncertainty component is 20.5 percent, and For further details with respect to this evaluated; or (2) create the possibility of is based on the Electric Power Research action, see (1) the application for a new or different kind of accident from Institute (EPRI) alternate repair criteria amendment dated July 29, 1994, and any accident previously evaluated; or (ARC). additional information dated September (3) involve a significant reduction in a Test data indicates that tube burst cannot 26 1994, and March 31, 1995, and (2) margin of safety. As required by 10 CFR occur within the TSP, even for tubes that Amendment No. 1 to Materials License 50.91(a), the licensee has provided its have 100 percent throughwall electro- No. SNM–2505, with the Commission’s analysis of the issue of no significant discharge machining notches, 0.75 inch long, letter to the licensee. All of these items hazards consideration, which is provided that the TSP is adjacent to the notched area. Because of the few number of are available for public inspection at the presented below: indications at SQN, the EPRI methodology of Commission’s Public Document Room, TVA has evaluated the proposed technical applying a growth component of 35 percent the Gelman Building, 2120 L Street, specification (TS) change and has determined per effective full power year (EEPY) will be NW., Washington, DC, and at the Local that it does not represent a significant used. Near-term operating cycles at SQN are Public Document Room at the Calvert hazards consideration based on criteria expected to be bounded by 1.23 years, County Public Library, Fourth Street, established in 10 CFR 50.92(c). Operation of therefore, a 43 percent growth component is PO Box 405, Price Frederick, Maryland Sequoyah Nuclear Plant (SQN) in accordance appropriate. When these allowances are 20678. with the proposed amendment will not: added to the BOC alternate plugging criteria 1. Involve a significant increase in the (APC) of 2.0 volts in a deterministic Dated at Rockville, MD., this 21st day of probability or consequences of an accident bounding EOC voltage of approximately 3.26 July 1995. previously evaluated. volts for a Cycle 7, operation can be For the Nuclear Regulatory Commission, Testing of model boiler specimens for free- established. A 5.56-volt deterministic safety William D. Travers, span tubing (no tube support place restraint) margin exists (8.82 structural limit—3.26-volt at room temperature conditions shows burst EOC equal 5.56-volt margin). Director, Spent Fuel Project Office, Office of pressures in excess of 5,000 pounds per For the voltage/burst correlation, the EOC Nuclear Material Safety and Safeguards. square inch (psi) for indications of outer structural limit is supported by a voltage of [FR Doc. 95–18806 Filed 7–31–95; 8:45 am] diameter stress corrosion cracking with 8.82 volts. Using this structural limit of 8.82 BILLING CODE 7590±01±M voltage measurements as high as 19 volts. volts, a BOC maximum allowable repair limit Burst testing performed on intersections can be established using the guidance of RG pulled from SQN with up to a 1.9-volt 1.121. The BOC maximum allowable repair [Docket Nos. 50±327 and 328] indication shows measured burst pressure in limit should not permit the existence of EOC excess of 6,600 psi at room temperature. indications that exceed the 8.82-volt Sequoyah Nuclear Plant Units 1 and 2; Burst testing performed on pulled tubes from structural limit. By adding NDE uncertainty Consideration of Issuance of other plants with up to 7.5-volt indications allowances and an allowance for crack Amendment to Facility Operating shows burst pressures in excess of 5,200 psi growth to the repair limit, the structural limit License, Proposed no Significant at room temperatures. Correcting for the can be validated. Therefore, the maximum Hazards Consideration Determination, effects of temperature on material properties allowable BOC repair limit (RL) based on the and Opportunity for a Hearing and minimum strength levels (as the burst structural limit of 8.82 volts can be testing was done at room temperature), tube represented by the expressions: The U.S. Nuclear Regulatory burst capability significantly exceeds the RL+(0.205×RL)+(0.43×RL)=8.82 volts, or, Commission (the Commission) is safety-factor requirements of NRC Regulatory the maximum allowable BOC repair limit can considering issuance of an amendment Guide (RG) 1.121. be expressed as, to Facility Operating License Nos. DPR– Tube burst criteria are inherently satisfied RL=8.82-volt structural limit/1.64=5.4 77 and DPR–79 issued to the Tennessee during normal operating conditions because volts. Valley Authority (the licensee) for of the proximity of the tube support plate This RL (5.4 volts) is the appropriate limit (TSP). Since tube-to-tube support plate for APC implementation to repair bobbin operation of the Sequoyah Nuclear proximity precludes tube burst during indications greater than 2.0 volts Plant, Units 1 and 2, located in Soddy normal operating conditions, use of the independent of rotating pancake coil (RPC) Daisy, Tennessee. criteria must retain tube integrity confirmation of the indication. This 5.4-volt The proposed amendments would characteristics that maintain a margin of upper limit for non-confirmed RPC calls is incorporate new requirements safety of 1.43 times the bounding faulted consistent with other recently approved APC associated with steam generator tube condition steam line break (SLB) pressure programs (Farley Nuclear Plan, Unit 2). inspections and repair in the Sequoyah differential. During a postulated SLB, the The conservatism of the growth allowance Nuclear Plant, Units 1 and 2 Technical TSP has the potential to deflect during used to develop the repair limit is shown by Specifications. The new requirements blowdown following a main SLB, thereby the most recent SQN eddy current data. Two uncovering the TSP intersections. tubes plugged in Unit 1 during the last outage would establish alternate steam Based on the existing database, the RG had less than one volt of growth over the past generator tube plugging criteria at the 1.121 criterion requiring maintenance of a five operating cycles. Only seven tubes in tube support plate intersections. safety factor of 1.43 times the SLB pressure Unit 2 required repair because of outside Before issuance of the proposed differential on tube burst is satisfied by 7⁄8- diameter stress corrosion cracking (ODSCC) license amendments, the Commission inch-diameter tubing with bobbin coil at the TSP intersections. will have made findings required by the indications with signal amplitudes less than Relative to the expected leakage during Atomic Energy Act of 1954, as amended 8.82 volts (WCAP-13990), regardless of the accident condition loadings, it has been (the Act) and the Commission’s indicated depth measurement. A 2.0-volt previously established that a postulated main regulations. plugging criterion (resulting in a projected SLB outside of containment, but upstream of The Commission has made a end-of-cycle [EOC] voltage) compares the main steam isolation valve (MSIV), favorably with the 8.82-volt structural limit represents the most limiting radiological proposed determination that the considering the extremely slow apparent condition relative to the APC. amendment request involves no voltage growth rates and few numbers of Implementation of the APC will determine significant hazards consideration. Under indications at SQN. Using the established whether the distribution of cracking the Commission’s regulations in 10 CFR methodology of RG 1.121, the structural limit indications at the TSP intersections is 50.92, this means that operation of the is reduced by allowances for uncertainty and projected to be such that primary-to- 39190 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices secondary leakage would result in site 2. Create the possibility of a new or area is uncovered during blowdown. Partial boundary doses within a small fraction of the different kind of accident from any uncover will provide benefit to the burst 10 CFR part 100 guidelines. A separate previously analyzed. capacity of the intersection. analysis has determined this allowable SLB Implementation of the proposed S/G tube As S/G tube integrity upon implementation leakage limit to be 4.3 gallons per minute APC does not introduce any significant of the 2.0-volt APC continues to be (gpm) in the faulted loop. This limit uses the changes to the plant design basis. Use of the maintained through in-service inspection and TS reactor coolant system (RCS) Iodine-131 criteria does not provide a mechanism that primary-to-secondary leakage monitoring, the activity level of 1.0 microcuries per gram could result in an accident outside of the possibility of a new or different kind of dose equivalent Iodine-131 and the region of the TSP elevations; no ODSCC is accident from any accident previously recommended Iodine-131 transient spiking occurring outside the thickness of the TSP. evaluated is not created. values consistent with NUREG–0800. The Neither a single or multiple tube rupture 3. Involve a significant reduction in a analysis method is WCAP–14277, which is event would be expected in a S/G in which margin of safety. consistent with the guidance of the NRC draft the plugging criteria is applied (during all The use of the voltage based APC at SQN generic letter (GL) and will be used to plant conditions). is demonstrated to maintain S/G tube calculate EOC leakage. Because of the TVA will implement a maximum leakage integrity commensurate with the criteria of relatively low number of indications at SQN, rate limit of 150 gallon per day per S/G to RG 1.121. RG 1.121 describes a method it is expected that the actual leakage values help preclude the potential for excessive acceptable to the NRC Staff for meeting will be far less than this limit. Additionally, leakage during all plant conditions. The SQN General Design Criteria (GDC) 14, 15, 31, and the current Iodine-131 levels at SQN range TS limits on primary-to-secondary leakage at 32 by reducing the probability or the from about 25 to 100 times less than the TS operating conditions include a maximum of consequences of S/G tube rupture. This is limit. 0.42 gpm (600 gallons per day [gpd]) for all accomplished by determining the limiting Application of the criteria requires the S/Gs, or, a maximum of 150 gpd for any one conditions of degradation of S/G tubing, as projection of postulated SLB leakage, based S/G. The RG 1.121 criterion for establishing established by in-service inspection, for on the projected EOC voltage distribution for operational leakage rate limits that require which tubes with unacceptable cracking Cycle 8 operation. Projected EOC voltage plant shutdown is based upon leak-before- should be removed from service. Upon distribution is developing using the most break considerations to detect a free-span implementation of the criteria, even under recent EOC eddy current results and a voltage crack before potential tube rupture during the worst-case conditions, the occurrence of measurement uncertainty. Data indicates that faulted plant conditions. The 150-gpd limit ODSCC at the TSP elevations is not expected a threshold voltage of 2.8 volts would result should provide for leakage detection and to lead to a S/G tube rupture event during in throughwall cracks long enough to leak at plant shutdown in the event of the normal or faulted plant conditions. The EOC SLB condition. The draft GL requires that all occurrence of an unexpected single crack distribution of crack indications at the TSP indications to which the APC are applied resulting in leakage that is associated with elevations will be confirmed to result in must be included in the leakage projection. the longest permissible crack length. RG acceptable primary-to-secondary leakage Tube pull results from another plant with 7⁄8- 1.121 acceptance criteria for establishing during all plant conditions and radiological inch tubing with a substantial voltage growth operating leakage limits are based on leak- consequences are not adversely impacted. database have shown that tube wall before-break considerations such that plant In addressing the combined effects of loss- degradation of greater than 40 percent shutdown is initiated if the leakage of-coolant accident (LOCA), plus safe throughwall was readily detectable either by associated with the longest permissible crack shutdown earthquake (SSE) on the S/G the bobbin or RPC probe. is exceeded. The longest permissible crack is component (as required by GDC 2), it has The tube with maximum throughwall the length that provides a factor of safety of been determined that tube collapse may penetration of 56 percent (42 average) had a 1.43 against bursting at faulted conditions occur in the S/Gs at some plants. This is the voltage of 2.02 volts. The SQN Unit 1 pulled maximum pressure differential. A voltage case as the TSP may become deformed as a tube had a 1.93-volt indication with a amplitude of 8.82 volts for typical ODSCC result of lateral loads at the wedge supports maximum depth of 91 percent and did not corresponds to meeting this tube burst at the periphery of the plate because of the leak at SLB condition. Based on the SQN requirement at a lower 95 percent prediction combined effects of the LOCA rarefaction pulled tube and industry pulled tube data limit on the burst correlation coupled with wave and SSE loadings. Then, the resulting supporting a lower threshold for SLB leakage 95/95 lower tolerance limit material pressure differential on the deformed tubes of 2.8 volts, inclusion of all APC properties. Alternate crack morphologies can may cause some of the tubes to collapse. intersections in the leakage model is quite correspond to 8.82 volts so that a unique There are two issues associated with S/G conservative. The ODSCC occurring at SQN crack length is not defined by the burst tube collapse. First, the collapse of S/G is in its earliest stages of development. The pressure versus voltage correlation. tubing reduces the RCS flow area through the conservative bounding growth estimations to Consequently, typical burst pressure versus tubes. The reduction in flow area increases be applied to the expected small number of through-wall crack length correlations are the resistance to flow of steam from the core indications for the upcoming inspection used below to define the ‘‘longest permissible during a LOCA, which in turn, may should result in very small levels of crack’’ for evaluating operating leakage potentially increase peak clad temperature predicted SLB leakage. Historically, SQN has limits. (PCT). Second, there is a potential that partial not identified ODSCC as a contributor to The single through-wall crack lengths that through-wall cracks in tubes could progress operational leakage. result in tube burst at 1.43 times the SLB to through-wall cracks during tube I order to assess the sensitivity of an pressure differential and the SLB pressure deformation or collapse. indication’s BOC voltage to EOC leakage differential alone are approximately 0.57 Consequently, since the leak-before-break potential, a Monte Carlo simulation was inch and 0.84 inch, respectively. A leak rate methodology is applicable to the SQN reactor performed for a 2.0-volt BOC indication. The of 150 gpd will provide for detection of 0.4- coolant loop piping, the probability of breaks maximum EOC voltage (at 99.8 percent inch-long cracks at nominal leak rates and in the primary loop piping is sufficiently low cumulative probability) was found to be 4.8 0.6-inch-long cracks at the lower 95 percent that they need not be considered in the volts. The leakage component from an confidence level leak rates. Since tube burst structural design of the plant. The limiting indication of this magnitude, using either the is precluded during normal operation LOCA event becomes either the accumulator NUREG–1477 or EPRI leakage models, is 0.12 because of the proximity of the TSP to the line break or the pressurize surge line break. or 0.028 gpm, respectively. tube and the potential exists for the crevice LOCA loads for the primary pipe breaks were Therefore, as implementation of the 2.0- to become uncovered during SLB conditions, used to bound the conditions at SQN for volt APC does not adversely affect steam the leakage from the maximum permissible smaller breaks. The results of the analysis generator (S/G) tube integrity and crack must preclude tube burst at SLB using the larger break inputs show that the implementation will be shown to result in conditions. Thus, the 150-gpd limit provides LOCA loads were found to be of insufficient acceptable dose consequences, the proposed for plant shutdown before reaching critical magnitude to result in S/G tube collapse or amendment does not result in significant crack lengths for SLB conditions. significant deformation. The LOCA, plus SSE increase in the probability or consequences Additionally, this leak-before-break tube collapse evaluation performed for of an accident previously evaluated. evaluation assumes that the entire crevice another plant with Series 51 S/Gs using Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39191 bounding input conditions (large-break of Information and Publications entered in the proceeding on the loadings), is applicable to SQN. Therefore, at Services, Office of Administration, U.S. petitioner’s interest. The petition should SQN, no tubes will be excluded from using Nuclear Regulatory Commission, also identify the specific aspect(s) of the the voltage repair criteria due to deformation Washington, DC 20555, and should cite subject matter of the proceeding as to of collapse of S/G tubes following a LOCA the publication date and page number of plus an SSE. which petitioner wishes to intervene. Addressing RG 1.83 considerations, this Federal Register notice. Written Any person who has filed a petition for implementation of the bobbin probe voltage comments may also be delivered to leave to intervene or who has been based interim tube plugging criteria of 2.0 Room 6D22, Two White Flint North, admitted as a party may amend the volt is supplemented by: (1) Enhanced eddy 11545 Rockville Pike, Rockville, petition without requesting leave of the current inspection quidelines to provide Maryland, from 7:30 a.m. to 4:15 p.m. Board up to 15 days prior to the first consistency in voltage normalization, (2) a Federal workdays. Copies of written prehearing conference scheduled in the 100 percent eddy current inspection sample comments received may be examined at proceeding, but such an amended size at the TSP elevations, and (3) RPC the NRC Pubic Document Room, the petition must satisfy the specificity inspection requirements for the larger Gelman Building, 2120 L Street, NW., requirements described above. indications left in service to characterize the Washington, DC. principal degradation as ODSCC. Not later than 15 days prior to the first As noted previously, implementation of The filing of requests for hearing and prehearing conference scheduled in the the TSP elevation plugging criteria will petitions for leave to intervene is proceeding, a petitioner shall file a decrease the number of tubes that must be discussed below. supplement to the petition to intervene repaired. The installation of S/G tube plugs By August 31, 1995, the licensee may which must include a list of the reduces the RCS flow margin. Thus, file a request for a hearing with respect contentions which are sought to be implementation of the alternate plugging to issuance of the amendment to the litigated in the matter. Each contention criteria will maintain the margin of flow that subject facility operating license and must consist of a specific statement of would otherwise be reduced in the event of any person whose interest may be the issue of law or fact to be raised or increased tube plugging. affected by this proceeding and who Based on the above, it is concluded that the controverted. In addition, the petitioner wishes to participate as a party in the shall provide a brief explanation of the proposed license amendment request does proceeding must file a written request not result in a significant reduction in margin bases of the contention and a concise for a hearing and a petition for leave to of safety. statement of the alleged facts or expert intervene. Requests for a hearing and a opinion which support the contention The NRC staff has reviewed the petition for leave to intervene shall be and on which the petitioner intends to licensee’s analysis and, based on this filed in accordance with the rely in proving the contention at the review, it appears that the three Commission’s ‘‘Rules of Practice for hearing. The petitioner must also standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 provide references to those specific satisfied. Therefore, the NRC staff CFR part 2. Interested persons should sources and documents of which the proposes to determine that the consult a current copy of 10 CFR 2.714 petitioner is aware and on which the amendment request involves no which is available at the Commission’s significant hazards consideration. Public Document Room, the Gelman petitioner intends to rely to establish The Commission is seeking public Building, 2120 L Street, NW., those facts or expert opinion. Petitioner comments on this proposed Washington, DC, and at the local public must provide sufficient information to determination. Any comments received document room located at the show that a genuine dispute exists with within 30 days after the date of Chattanooga-Hamilton County Library, the applicant on a material issue of law publication of this notice will be 1101 Broad Street, Chattanooga, or fact. Contentions shall be limited to considered in making any final Tennessee 37402. If a request for a matters within the scope of the determination. hearing or petition for leave to intervene amendment under consideration. The Normally, the Commission will not is filed by the above date, the contention must be one which, if issue the amendments until the Commission or an Atomic Safety and proven, would entitle the petitioner to expiration of the 30-day notice period. Licensing Board, designated by the relief. A petitioner who fails to file such However, should circumstances change Commission or by the Chairman of the a supplement which satisfies these during the notice period such that Atomic Safety and Licensing Board requirements with respect to at least one failure to act in a timely way would Panel, will rule on the request and/or contention will not be permitted to result, for example, in derating or petition; and the Secretary or the participate as a party. Those permitted shutdown of the facility, the designated Atomic Safety and Licensing to intervene become parties to the Commission may issue the license Board will issue a notice of hearing or proceeding, subject to any limitations in amendment before the expiration of the an appropriate order. the order granting leave to intervene, 30-day notice period, provided that its As required by 10 CFR 2.714, a and have the opportunity to participate final determination is that the petition for leave to intervene shall set fully in the conduct of the hearing, amendments involve no significant forth with particularity the interest of including the opportunity to present hazards consideration. The final the petitioner in the proceeding, and evidence and cross-examine witnesses. determination will consider all public how that interest may be affected by the If a hearing is requested, the and State comments received. Should results of the proceeding. The petition Commission will make a final the Commission take this action, it will should specifically explain the reasons determination on the issue of no publish in the Federal Register a notice why intervention should be permitted significant hazards consideration. The of issuance and provide for opportunity with particular reference to the final determination will serve to decide for a hearing after issuance. The following factors: (1) The nature of the when the hearing is held. Commission expects that the need to petitioner’s right under the Act to be If the final determination is that the take this action will occur very made party to the proceeding; (2) the amendment request involves no infrequently. nature and extent of the petitioner’s significant hazards consideration, the Written comments may be submitted property, financial, or other interest in Commission may issue the amendment by mail to the Rules Review and the proceeding; and (3) the possible and make it immediately effective, Directives Branch, Division of Freedom effect of any order which may be notwithstanding the request for a 39192 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices hearing. Any hearing held would take For the Nuclear Regulatory Commission, impacts associated with the proposed place after issuance of the amendment. David E. LaBarge, Sr. action. If the final determination is that the Project Manager, Project Directorate II–3, With regard to potential nonradiological impacts, the proposed amendment request involves a Division of Reactor Projects—I/II, Office of Nuclear Reactor Regulation. action involves features located entirely significant hazards consideration, any [FR Doc. 95–18805 Filed 7–31–95; 8:45 am] within the restricted area as defined in hearing held would take place before BILLING CODE 7590±01±M 10 CFR part 20. It does not affect the issuance of any amendment. nonradiological plant effluents and has A request for a hearing or a petition no other environmental impact. for leave to intervene must be filed with [Docket No. 50±155] Accordingly, the Commission concludes the Secretary of the Commission, U.S. that there are no significant Nuclear Regulatory Commission, Consumer Power Co.; Big Rock Point nonradiological environmental impacts Washington, DC 20555, Attention: Plant; Environmental Assessment and associated with the proposed action. Docketing and Services Branch, or may Finding of No Significant Impact Alternatives to the Proposed Action be delivered to the Commission’s Public Document Room, the Gelman Building, The U.S. Nuclear Regulatory Since the Commission has concluded 2120 L Street, NW., Washington, DC, by Commission (the Commission) is there is no measurable environmental the above date. Where petitions are filed considering issuance of an amendment impact associated with the proposed action, any alternatives with equal or during the last 10 days of the notice to Facility Operating License No. DPR– 6, issued to Consumers Power Company greater environmental impact need not period, it is requested that the petitioner (the licensee), for operation of the Big be evaluated. As an alternative to the promptly so inform the Commission by Rock Point Plant, located in Charlevoix proposed action, the staff considered a toll-free telephone call to Western County, Michigan. denial of the proposed action. Denial of Union at 1–(800) 248–5100 (in Missouri the application would result in no 1–(800) 342–6700). The Western Union Environmental Assessment change in current environmental operator should be given Datagram Identification of the Proposed Action impacts. The environmental impacts of Identification Number N1023 and the the proposed action and the alternative The proposed action would revise the following message addressed to action are similar. Frederick J. Hebdon: petitioner’s name TS to conform to the wording of the and telephone number, date petition revised 10 CFR part 20 which was Alternative Use of Resources was mailed, plant name, and published in the Federal Register on This action does not involve the use publication date and page number of May 21, 1991 (56 FR 23391), and of any resources not previously implemented at Big Rock Point on this Federal Register notice. A copy of considered in the Final Environmental January 1, 1993. The proposed action the petition should also be sent to the Statement for the Big Rock Point Plant. would also change the TS to reflect a Office of the General Counsel, U.S. separation of chemistry and radiation Agencies and Persons Consulted Nuclear Regulatory Commission, responsibilities. The proposed action is In accordance with its stated policy, Washington, DC 20555, and to General in accordance with the licensee’s on July 17, 1995, the staff consulted Council, Tennessee Valley Authority, application for amendment dated March with the Michigan State official, Robert ET 11H, 400 West Summit Hill Drive, 4, 1993, as revised April 14, 1993, and DeHaan (acting for Dennis Hahn) of the Knoxville, Tennessee 37902, attorney as supplemented April 19 and May 31, Nuclear Facilities and Environmental for the licensee. 1995. Monitoring section office of the Nontimely filings of petitions for The Need for the Proposed Action Department of Public Health, regarding leave to intervene, amended petitions, the environmental impact of the supplemental petitions and/or requests The proposed action is needed in proposed action. The State official had for hearing will not be entertained order to retain operational flexibility no comments. The Commission’s staff absent a determination by the consistent with 10 CFR part 50, reviewed the licensee’s request and did Commission, the presiding officer or the appendix I, concurrent with the not consult other agencies or persons. implementation of the revised 10 CFR presiding Atomic Safety and Licensing Finding of no Significant Impact Board that the petition and/or request part 20. Based upon the environmental should be granted based upon a Environmental Impacts of the Proposed assessment, the Commission concludes balancing of the factors specified in 10 Action that the proposed action will not have CFR 2.714(a)(1) (i)–(v) and 2.714(d). The Commission has completed its a significant effect on the quality of the For further details with respect to this evaluation of the proposed action and human environment. Accordingly, the action, see the application for concludes that with respect to the Commission has determined not to amendment dated July 19, 1995, which proposed action, in regards to the actual prepare an environmental impact is available for public inspection at the release rates as referenced in TS as a statement for the proposed action. Commission’s Public Document Room, dose rate to the maximally exposed For further details with respect to the the Gelman Building, 2120 L Street, member of the public, there will be no proposed action, see the application for NW., Washington, DC, and at the local increase in the probability or amendment dated March 4, 1993, as public document room located at the consequences of accidents, no changes revised April 14, 1993, as supplemented Chattanooga-Hamilton County Library, in the types or amounts of any effluents April 19 and May 31, 1995, which are 1101 Broad Street, Chattanooga, that may be released offsite, and no available for public inspection at the Tennessee 37402. significant increase in the allowable Commission’s Public Document Room, individual or cumulative occupational The Gelman Building, 2120 L Street, Dated at Rockville, MD, this 26th day of radiation exposure. Accordingly, the NW., Washington, DC, and at the local July 1995. Commission concludes that there are no public document room located at the significant radiological environmental North Central Michigan College, 1515 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39193 Howard Street, Petoskey, Michigan one of the buildings on the site. In order Performance (SALP) program that was 49770. to ensure that remediation of the last revised on May 19, 1993. Public Dated at Rockville, Md., this 26th day of building was accomplished in a timely comments are requested on the revised July 1995. manner, the NRC added this site to its program and its implementation. The For the Nuclear Regulatory Commission, SDMP. Pratt & Whitney has remediated NRC is soliciting comments from interested public interest groups, the John N. Hannon, residual contamination in the building, performed radiological surveys in that regulated industry, States, and Director, Project Directorate III–1, Division concerned citizens. Comments received of Reactor Projects—III/IV, Office of Nuclear building and other buildings where Reactor Regulation. radioactive materials may have been will be used in the NRC’s review of the SALP program. [FR Doc. 95–18807 Filed 7–31–95; 8:45 am] used, and requested by letter dated April 27, 1995, that the NRC remove the DATES: The comment period expires BILLING CODE 7590±01±M Middletown, Connecticut site from the August 31, 1995. Comments received SDMP. The request before the NRC at after this date will be considered if it is Intent To Remove the United this time is to concur with the view of practical to do so, but the Commission Technologies Pratt & Whitney Pratt & Whitney that the site meets the is able to ensure consideration only for Middletown, Conn. Site from the NRC current criteria for release for comments received on or before this Site Decommissioning Management unrestricted use and thus can be date. Plan released for unrestricted use and ADDRESSES: Submit written comments removed from the SDMP. to: Chief, Rules Review and Directives AGENCY: Nuclear Regulatory The staff of the NRC’s Region I Branch, Division of Freedom of Commission. Division of Radiation Safety and Information and Publication Services, ACTION: Notice of intent to remove the Safeguards has reviewed and approved Office of Administration, Mail Stop: T– United Technologies Pratt & Whitney various remediation activities since 6D–59, U.S. Nuclear Regulatory Middletown, Connecticut site from the 1992. The staff has also reviewed Commission, Washington, DC 20555. NRC Site Decommissioning various records of past activities at the Hand deliver comments to: 11545 Management Plan. site and the radiological surveys Rockville Pike, Rockville, Maryland, performed by Pratt & Whitney’s between 7:45 am and 4:15 pm on SUMMARY: This is a notice to inform the contractor and conducted confirmatory Federal workdays. Copies of comments public that the U.S. Nuclear Regulatory radiological measurements at the site. received may be examined at the NRC Commission is considering removing The NRC staff has not yet completed all Public Document Room, 2120 L Street, the United Technologies Pratt & of these reviews, but, based on NW. (Lower Level), Washington, DC. Whitney Middletown, Connecticut site information available at this time, FOR FURTHER INFORMATION CONTACT: from the NRC Site Decommissioning expects to determine that the facility David L. Gamberoni, Mail Stop: O–12E– Management Plan (SDMP). The NRC meets the requirements for release for 4, Inspection Program Branch, Office of expects to determine that remediation of unrestricted use and to remove the site Nuclear Reactor Regulation, U.S. residual radioactive contamination in a from the SDMP in 1995. Nuclear Regulatory Commission, building on the site has successfully For further details with respect to this Washington, DC 20555, Telephone (301) been completed and the facility meets action, documents are available for 415–1144. the current NRC criteria for release for inspection at the NRC’s Region I offices unrestricted use. located at 475 Allendale Road, King of SUPPLEMENTARY INFORMATION: DATES: The NRC hereby provides notice Prussia, PA 19406. Persons desiring to Background of an opportunity to comment on the review documents at the Region I Office The Office of Nuclear Reactor proposed NRC action. Comments must should call Ms. Cheryl Buracker at (610) Regulation (NRR) has begun a review of be submitted within thirty (30) days of 337–5093 several days in advance to the implementation of the SALP the date of publication of this Federal assure that the documents will be program. The SALP program was Register notice. readily available for review. revised on May 19, 1993, to improve the ADDRESSES: Written comments should Dated at Rockville, MD, this 26th day of focus on significant performance issues, be sent to USNRC, Region I, Attn: Mark July, 1995. communication with licensees, and Roberts, Senior Health Physicist, 475 For the Nuclear Regulatory Commission. licensees’ and the public’s Allendale Road, King of Prussia, Michael F. Weber, understanding of SALP results. Specific Pennsylvania 19406. Hand deliver Chief, Low-Level Waste and Decommissioning program changes included reducing the comments to 475 Allendale Road, King Projects Branch, Division of Waste number of functional areas from seven of Prussia, PA 19406 between 7:45 a.m. Management, Office of Nuclear Material to four, changing the board membership and 4:15 p.m. on Federal workdays. Safety and Safeguards. to Senior Executive Service (SES) FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–18809 Filed 7–31–95; 8:45 am] members, shortening the SALP report, Mark Roberts, Division of Radiation BILLING CODE 7590±01±P eliminating the draft initial report, Safety and Safeguards, USNRC, Region changing the nature of the SALP I, 475 Allendale Road, King of Prussia, meeting with the licensee from a PA 19406, Telephone: (610) 337–5094. Review of Revised NRC Systematic presentation to more of a discussion, SUPPLEMENTARY INFORMATION: The Assessment of Licensee Performance and focusing on the last six months of United Technologies Pratt & Whitney (SALP) Program performance. Implementation of the site in Middletown, Connecticut was AGENCY: Nuclear Regulatory revised program began for assessment identified in 1992 by the NRC as a site Commission. periods ending after July 19, 1993. where residual radioactive ACTION: Request for public comment. This review will attempt to determine contamination might be present above if the revisions to the SALP program NRC criteria as a result of past SUMMARY: The Nuclear Regulatory have been effective in focusing the operations. Radioactive contamination Commission (NRC) is reviewing its SALP reports on significant was identified by Pratt & Whitney in Systematic Assessment of Licensee performance issues and have resulted in 39194 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices better communication with the licensees 2. Did the SALP program changes For the Nuclear Regulatory Commission. and the public, leading to a better result in better licensee and public Richard W. Borchardt, understanding of SALP results. understanding of the SALP results? Chief, Inspection Program Branch, Directorate The NRC SALP program objectives 3. Did increased involvement of the for Inspection and Support Programs, Office are: regional administrator or deputy at the of Nuclear Reactor Regulation. (1) To conduct an integrated SALP meeting result in improved [FR Doc. 95–18808 Filed 7–31–95; 8:45 am] assessment of licensee safety communication with licensee BILLING CODE 7590±01±P performance that focuses on the safety management? significance of the NRC findings and 4. Was the change in SALP conclusions during an assessment presentation meeting format—from a OFFICE OF PERSONNEL period; presentation to more of a discussion— MANAGEMENT (2) To provide a vehicle for effective in improving communication meaningful dialogue with the licensee with licensee management? Privacy Act of 1974; Add a Record regarding its safety performance based 5. Are additional improvements System on the insights gained from synthesis of needed in the areas of communications NRC observations; with licensee management and licensee AGENCY: Office of Personnel (3) To assist NRC management in and public understanding of SALP Management (OPM). making sound decisions regarding results? What types of improvements? ACTION: Notice to add a record system. allocation of NRC resources used to oversee, inspect, and assess licensee C. Assessment Period SUMMARY: OPM proposes to add one performance; and 1. What bases should be considered system of records to its inventory of (4) To provide a method for informing when determining SALP period length record systems subject to the Privacy the public of the NRC’s assessment of and how should they be applied? Act of 1974, as amended. This action is licensee performance. 2. SALP assessments currently range necessary to meet the requirements of The SALP program guidance is from 12 to 24 months (nominally 18 the Privacy Act to publish in the located in NRC Management Directive month average). Is this variation in Federal Register notice of the existence 8.6, ‘‘Systematic Assessment of Licensee practice appropriate? and character of record systems Performance (SALP),’’ approved July 14, 3. How long should the SALP maintained by the agency. 1993. assessment period be for good, average, DATES: The proposed system of records and poor performing plants? Scope of the Review will be effective without further notice on August 31, 1995, unless comments This review will focus primarily on D. SALP Report are received that would result in a the effectiveness of the May 19, 1993, 1. Are the new, shorter SALP reports contrary determination. changes. General feedback on the SALP more effective in communicating the program is also invited. Additional results of the NRC’s assessment of safety ADDRESSES: Send written comments to detail on the scope of the review is performance than the previous, more Office of Personnel Management, ATTN: given in the questions below. lengthy reports? Leslie Crawford (Freedom of Commenters are not obligated to and 2. Are SALP reports appropriately Information/Privacy Act Coordinator), need not address every issue. focused on safety issues and do they Office of Information Technology, 1900 In providing comments, please key deliver a clear message? E Street NW., CHP 500, Washington, DC your response to the number of the 3. Do SALP reports provide a 20415–0001. applicable question (e.g., ‘‘Response to balanced assessment of licensee safety FOR FURTHER INFORMATION CONTACT: A.1’’). Comments should be as specific performance (and are positive aspects of Ms. Leslie Crawford at (703)908–8565. as possible. The use of examples is licensee safety performance SUPPLEMENTARY INFORMATION: The encouraged. appropriately considered)? system notice is published under the Comments are requested on the 4. Do SALP reports consistently focus requirements of the Privacy Act (5 following issues: on the last six months of performance? U.S.C. 552a(e)(4)). This notice covers Is this practice appropriate? records that may contain individually A. Functional Areas 5. Is the level of detail in the SALP identifiable information about health report appropriate? 1. Are the current four functional care providers (physicians, hospitals areas (operations, maintenance, 6. Are SALP report conclusions well- supported by documented facts? and other individuals or entities which engineering, and plant support) an furnish health care services or supplies) improvement compared to the previous 7. Are SALP report cover letter and other participants excluded from seven functional areas? messages consistent with the associated participation in the Federal Employee 2. Are the plant support functional SALP report messages? area messages clear in characterizing 8. Are licensee self-assessment efforts Health Benefits Program (FEHBP), and individual elements (radiological adequately recognized in the SALP other federally authorized financial and controls, emergency preparedness, report and cover letter? nonfinancial assistance and benefits security, fire protection, chemistry, and 9. Are additional improvements under programs and activities housekeeping)? needed in the SALP reports? What types (nonprocurement) administered by 3. Are additional improvements of improvements? OPM. Exclusion may be based on debarment or suspension, ineligibility, needed for the designation of functional E. Additional Comments areas? What types of improvements? or for other reasons. In addition to the above issues, OPM’s Internal and Central system B. Management Involvement commenters are invited to provide any notices were previously published in 1. Did increased NRC management other views on the NRC SALP program the Federal Register in full on April 12, involvement in the SALP program result that could assist the NRC in improving 1993 (58 FR 19154). OPM’s in program improvements and improved its effectiveness. Governmentwide system notices were communication with licensee Dated at Rockville, MD, this 26th day of last published in full on August 10, management? July 1995. 1992 (57 FR 35698), with a correction Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39195 published on November 30, 1992 (57 FR exclude participants in Federally (2) Any employee of OPM in his or 56733). authorized nonprocurement programs her official capacity; or Office of Personnel Management. administered by OPM. (3) Any employee of OPM in his or Lorraine A. Green, her individual capacity where the ROUTINE USES OF RECORDS MAINTAINED IN THE Department of Justice or OPM has Deputy Director. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: agreed to represent the employee; or (4) The United States, when OPM OPM/CENTRAL±14 a. To disclose pertinent information to determines that litigation is likely to the appropriate Federal, State, or local SYSTEM NAME: affect OPM or any of its components; Debarment or Suspension Records for agency responsible for investigating, prosecuting, enforcing, or implementing is a party to litigation or has an interest Federal Employees Health Benefits in such litigation, and the use of such Program (FEHPB). a statute, rule, regulation, or order, where OPM becomes aware of an records by the Department of Justice or SYSTEM LOCATION: indication of a violation or potential OPM is deemed by OPM to be relevant Administrative Sanctions Branch, violation of civil or criminal law or and necessary to the litigation provided, Office of the Inspector General, Office of regulation. however, that the disclosure is Personnel Management, 1900 E Street, b. To disclose information to a compatible with the purpose for which NW., Room CHP 1314, Washington, DC Federal agency, in response to its records were collected. 20415–0001. request in connection with the hiring or h. To disclose information to officials retention of an employee, the issuance of the Merit Systems Protection Board or CATEGORIES OF INDIVIDUALS COVERED BY THE of a security clearance, the conducting the Office of the Special Counsel, when SYSTEM: of a suitability or security investigation requested in connection with appeals, Health care providers (physicians, of an individual, the classifying of jobs, special studies of the civil service and hospitals and other individuals or the letting of a contract, or the issuance other merit systems, review of OPM entities which furnish health care of a license, grant, or other benefit by rules and regulations, investigations of services or supplies) and other the requesting agency, to the extent that alleged or possible prohibited personnel participants who have been or are in the the information is relevant and practices, and such other functions, e.g., process of being debarred, suspended, necessary to the requesting agency’s as promulgated in 5 U.S.C. 1205 and determined to be ineligible, or otherwise decision on the matter. 1206, or as may be authorized by law. excluded from participating in the c. To provide information to a i. To disclose information to the Equal Federal Employee Health Benefits congressional office from the record of Employment Opportunity Commission Program (FEHBP), and other federally an individual in response to an inquiry when requested in connection with authorized financial and nonfinancial from that congressional office made at investigations into alleged or possible assistance and benefits under programs the request of that individual. discrimination practices in the Federal and activities (nonprocurement) d. To disclose information to another sector, compliance by Federal agencies administered by OPM. Federal agency, to a court, or a party in with the Uniform Guidelines on Employee Selection Procedures or other CATEGORIES OF RECORDS IN THE SYSTEM: litigation before a court or in an administrative proceeding being functions vested in the Commission and This system contains a listing of conducted by a Federal agency, when to otherwise ensure compliance with health care providers and other the Government is a party to the judicial the provisions of 5 U.S. 7201. participants, debarred, suspended, or administrative proceeding. In those j. To disclose information to the determined to be ineligible, or otherwise cases where the Government is not a Federal Labor Relations Authority or its excluded from participation in the party to the proceeding, records may be General Counsel when requested in FEHBP and other federally authorized disclosed if a subpoena has been signed connection with investigations of financial and nonfinancial assistance by a judge. allegations of unfair labor practices or and benefits under programs and e. To disclose information to the matters before the Federal Service activities (non-procurement) National Archives and Records Impasses Panel. administered by OPM. It includes Administration for use in records k. To disclose information to records such as general correspondence, management inspections. contractors, grantees, or volunteers statements of cause, case files, and other f. By OPM in the production of performing or working on a contract, related documents. summary descriptive statistics and service, grant, cooperative agreement, or AUTHORITY FOR MAINTENANCE OF THE SYSTEM analytical studies in support of the job for the Federal Government. INCLUDES THE FOLLOWING WITH ANY REVISIONS function for which the records are 1. To disclose records to appropriate OR AMENDMENTS: collected and maintained, or for related Federal, State and local agencies if 5 U.S.C. Appendix 3, Executive workforce studies. While published necessary and relevant to administering Orders 12549 and 12689, and 5 CFR part studies do not contain individual Federal financial or nonfinancial 970. identifiers, in some instances the assistance programs or benefits. selection of elements of data included in m. To disclose records for PURPOSE: the study may be structured in such a performance of a Federal duty to a State Executive Orders 12549 and 12689 way as to make the data individually or local agency, or financial institution. provide that Executive departments and identifiable by inference. n. To disclose information on agencies participate in a g. To disclose information to the excluded health care providers to other governmentwide system for Department of Justice, or in a persons involved in or affected by the nonprocurement debarment and proceeding before a court, adjudicative action. suspension. This system of records body, or other administrative body o. To disclose information to agencies documents OPM’s participation in the before which OPM is authorized to or organizations that license, certify, program to reduce fraud and abuse in appear, when: regulate, investigate, or prosecute Federal nonprocurement programs and (1) OPM, or any component thereof; persons or organizations that provide decisions regarding actions taken to or health-related services or items to 39196 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices determine possible disqualifying regulations regarding verification of SUPPLEMENTARY INFORMATION: In actions, practices, or conditions. identity and access to records (5 CFR accordance with its statutory part 297). responsibilities, the Postal Service must POLICIES AND PRACTICES FOR STORING, ensure that authorized second-class RETRIEVING, SAFEGUARDING, RETAINING AND CONTESTING RECORD PROCEDURE: publications meet all applicable second- DISPOSING OF RECORDS IN THE SYSTEM: Individuals wishing to request STORAGE: class eligibility requirements and that amendment of records should contact the proper amount of postage is paid on These records are maintained in paper the system manager indicated above. mailings of those second-class copy and automated form. Individuals must furnish the following publications. See 39 U.S.C. 404, 3685. RETRIEVABILITY: information for their records to be The physical inspection of mailings of located and identified: second-class publications and the These records are retrieved by name, a. Full name. address, occupation, Social Security examination of records and b. Case number, if applicable. documentation related to those mailings Number, and case number. c. Address. have been the principal means used by SAFEGUARDS: d. Date of Birth. the Postal Service to carry out its e. Social Security Number and Tax Paper records are stored in lockable statutory responsibilities. A long- Identification Number. filing cabinets or secured rooms. standing goal of the Postal Service has f. Health Insurance related been to review all publications on an Automated records are protected by ID/ Identification Number. password security system. Records are annual basis. An annual review of every Individuals requesting amendment publication, however, has not always available only to those persons whose must also follow the OPM’s Privacy Act official duties require access. been possible at all post offices, regulations regarding verification of particularly those offices where large RETENTION AND DISPOSAL: identity and amendment of records (5 numbers of different publications are Records are placed in inactive files CFR 297). entered at second-class rates. (cut at the end of each fiscal year) when RECORD SOURCE CATEGORIES: 1. Background the case is closed. Inactive records are Information in this system of records destroyed after 10 years. Currently, the Postal Service is obtained from: schedules a second-class publication for SYSTEM MANAGER AND ADDRESS: a. The individual(s) to whom the review every 1 to 3 years, depending on record pertain(s). Chief, Administrative Sanctions the number of second-class publications b. Federal agencies. Branch, Office of the Inspector General authorized original entry at the post c. State and local law enforcement Office of Personnel Management, 1900 E office conducting the review. For the officials. issue of the publication to be examined, Street, NW., Room CHP 1314, d. Private agencies and organizations. Washington, DC 20415–0001. the review centers on these two [FR Doc. 95–18708 Filed 7–31–95; 8:45 am] activities: NOTIFICATION PROCEDURE : BILLING CODE 6325±01±M a. Substantiating that the publication Individuals wishing to determine meets second-class eligibility whether this system of records contains requirements, particularly circulation information on them should contact the POSTAL SERVICE requirements. system manager indicated above. b. Verifying that the mailing statement Individuals must furnish the following Verification Procedures for Second- submitted with the mailing of the for their records to be located and Class Publications publication is complete and the postage identified: payment correct. AGENCY: a. Full name. Postal Service. After a careful analysis of its review b. Case number, if applicable. ACTION: Notice of revised procedures. procedures for second-class c. Address. publications, the Postal Service SUMMARY: On January 20, 1995, the d. Date of Birth. determined that the current procedures Postal Service published a notice for e. Social Security Number and Tax no longer promote the most efficient use public comment in the Federal Register Identification Number. of postal resources. On one hand, the (60 FR 4207–4208) concerning revised f. Health Insurance related Postal Service believes that, for some procedures for conducting verifications Identification Number. publications, eligibility reviews do not of publications authorized for mailing at serve a significant purpose. Where other RECORD ACCESS PROCEDURE: second-class postage rates. Under the evidence provides assurance that a Individuals wishing to request access revised procedures, the Postal Service publication remains eligible for second- to records should contact the system will separate the verification process class mailing privileges, an on-site manager indicated above. Individuals into two reviews, one for validating review simply confirms a fact already must provide the following information correct postage payment and one for known. On the other hand, the Postal for their records to be located and determining continued eligibility for Service believes that annual postage identified: second-class authorizations. A postage payment reviews for all publications not a. Full name. payment review will be conducted at only confirm the accuracy of postage b. Case number, if applicable. least once a year for each authorized payment but also prevent a potential for c. Address. second-class publication. An eligibility long-term accumulations of any revenue d. Date of Birth. review will be conducted as determined deficiency that might be discovered e. Social Security Number and Tax by the Postal Service from circulation during the reviews. Identification Number. data provided by the publisher of an Accordingly, the Postal Service f. Health Insurance related authorized second-class publication. proposed revising its review procedures Identification Number. EFFECTIVE DATE: August 31, 1995. for second-class publications by Individuals requesting access must FOR FURTHER INFORMATION CONTACT: separating the procedures along the also follow the OPM’s Privacy Act Edward J. Mayhew, (212) 613–8747. lines of the two review activities, each Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39197 with different scheduling criteria as Service has revised PS Form 3548, valid reasons exist for such reviews, follows: Review and Verification of Circulation. regardless of the data provided by a a. For the eligibility review, an annual Accordingly, the original entry post publisher on Form 3526. The Postal review is to be conducted only for office will mail the publisher a blank PS Service agrees with the commenter that publications with a confirmed Form 3548 with a cover letter asking the the vast majority of publishers file legitimate circulation of 60 percent or publisher to complete the unshaded honest reports and strongly believes that less on randomly selected issues. parts of the form for a specified this practice will not change with the b. For the postage payment review, an publication issue. The publisher will revised review procedures. Those annual review is to be conducted for all have 15 days from the receipt of the publishers tempted to deceive the Postal publications, regardless of the form to complete and return the form to Service under the revised procedures percentage of confirmed legitimate the postmaster of the original entry can just as readily provide false circulation. office. information under current procedures. The proposed changes sought to shift The unshaded parts of PS Form 3548 Criminal and civil fraud provisions, postal personnel and other resources filled in by the publisher will contain however, provide a strong deterrent to from verifications that serve limited information about the total distribution such activity. purposes (that is, eligibility reviews that of the issue to be reviewed. A Postal As far as the commenter’s objection to only confirm independent assurances of Service representative will examine the Postal Service policy on the release of continued second-class eligibility) to circulation records at the known office mailing statements under the Freedom verifications that respond to concerns of publication to verify compliance with of Information Act, a response to that about revenue protection (that is, circulation requirements. objection is outside the scope of this postage payment reviews that uncover Publications reviewed by Postal notice. potential revenue deficiencies). Service-approved independent audit The second commenter expressed bureaus will continue to have their 2. Revised Procedures concerns that the Postal Service was eligibility and postage payment reviews ‘‘moving backward’’ in its attempt to The revised review procedures will conducted by those bureaus. Consistent conduct reviews of authorized separate the postage payment review with current practice, the Postal Service publications. The commenter predicted from the eligibility review. Each second- still retains the right to review the that, under the revised review class publication will receive an annual records of any publication and to reach procedures, entry post offices serving postage payment review at each post its own conclusion about compliance of publishers’ printers and fulfillment office where second-class postage is the publication with the applicable houses would be overwhelmed with paid. This review will be conducted at eligibility requirements. Publications publication issues to be verified. Such a the time of mailing. Publishers claiming mailed under the Centralized Postage large number of postage payment automation and presort rates will also Payment System will continue to have reviews to be conducted at one time be required, at the time of the postage postage payment reviews conducted would, according to the commenter, payment review, to submit annually by the New York Rates and delay the processing of publications not documentation substantiating eligibility Classification Service Center. having appropriate documentation to for those rates. This documentation support analyses of zone-rated consists of the same documentation 3. Public Comments advertising portions in the publications. already required under current The comment period ended on The Postal Service assures publishers procedures. February 21, 1995, and only three that the revised review procedures have For those publications subject to written comments were received. After been tested and that they will not cause circulation standards (general, thorough consideration of those congestion or processing delays at requester, institutions and societies, and comments, the Postal Service adopts the business mail entry units or detached some foreign), the Postal Service will revised procedures as proposed. mail units. The documentation from determine whether to conduct an The first commenter did not object to which the review data will be drawn is eligibility review by using the data the separation of the review process into the same documentation required with provided by the publisher on PS Form eligibility and postage payment reviews the mailing of a publication under 3526, Statement of Ownership, but did object to what the commenter current procedures. The Postal Service Management, and Circulation (that is, a viewed as ‘‘the proposed weakening of wishes to remind publishers that review will be scheduled according to current second-class subscriber although some shift in the number of the percentage of paid or requested verification procedures.’’ The reviews will occur at certain post circulation shown on the form). The commenter expressed concerns that the offices, only one issue of a publication Postal Service still retains its right, Postal Service would determine which will be reviewed each year and however, to review a publication if a publications to review by relying solely publishers will receive prior notification question arises about the eligibility of on data provided by publishers on PS of the review date. that publication for second-class Form 3526, Statement of Ownership, The third commenter remarked that mailing privileges, regardless of the data Management, and Circulation. The the revised procedures are too provided on PS Form 3526. commenter asserted that reliance on burdensome because they impose ‘‘a When a second-class publication is such data ‘‘is inadequate to police those new level of review on second-class selected for an eligibility review, the who misstate circulation data so as to publications’’ and because they publisher will be notified by the post qualify improperly for second-class eliminate the ‘‘responsibility bulk mail office serving the known office of mailing privileges.’’ The commenter acceptance clerks have for the publication. The publisher will be also objected to the Postal Service information and advice they give advised of the issue to be verified. To policy concerning the release of second- mailers.’’ The commenter, while conduct the review as quickly and class mailing statements under the ‘‘agree[ing] with the philosophy’’ that efficiently as possible, the Postal Service Freedom of Information Act. the Postal Service should conduct will ask the publisher to provide As an initial matter, the Postal Service eligibility reviews ‘‘according to its circulation information before the plans to conduct eligibility reviews of judgment of the necessity for the review date. For this purpose, the Postal publications whenever it believes that review,’’ asserted that some publishers 39198 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices mail publications that do not always of a postal employee, the Postal Service received on or before that date result in qualify for second-class rates and that notes, as in prior rulemakings, that the a contrary determination. revocations of second-class mailing Postal Service is required to collect ADDRESSES: Written comments on this privileges take an average of 10 years, debts owed to it but will consider proposal should be mailed or delivered with a minimum of 6 years. requests for relief or compromise of to Payroll Accounting/Records, United The Postal Service believes that the deficiencies on a case-by-case basis, States Postal Service, 475 L’Enfant Plaza revised review procedures do not entail consistent with existing policies. See 59 SW, Room 8650, Washington, DC an additional level of review. Postage FR 23161–23162 (May 5, 1994). 20260–5242. Copies of all written payment reviews have been a long- An annual postage payment review comments will be available for public standing part of Postal Service audits of will facilitate the discovery of inspection and photocopying between 8 second-class publications. The revised preparation problems. Although this a.m. and 4:45 p.m., Monday through procedures ensure that all publications review, on occasion, might result in the Friday, at the above address. are reviewed on a uniform annual basis assessment of a revenue deficiency, an FOR FURTHER INFORMATION CONTACT: in contrast to the current system in annual review avoids the expense and Betty E. Sheriff at (202) 268–2608. which some publications are reviewed processing delays associated with in- SUPPLEMENTARY INFORMATION: The at least three times as often as others. depth reviews of each mailing. An Division of Federal Occupational Health The Postal Service also believes that annual review also ensures that all of the PHS largely administers the the commenter’s concerns that the publishers operate under the same rules, Postal Service’s new EAP, providing procedure will add an extra layer of staff consistent with the commenter’s belief counseling and other assistance to all effort and increase handling costs is that the eligibility rules for second-class postal employees and their family unfounded. The revised review mailing privileges should be enforced members. EAP services are also procedures simply reallocate current uniformly. resources to more productive functions. Although the average revocation available to employees and family These procedures do not lessen the action does not approach the age members under nine pilot programs responsibility of acceptance clerks, who estimated in the comment, the Postal administered by private contractors or perform an important role at the deposit Service acknowledges that venerable in-house by the Postal Service. In order point in examining the mail for proper cases exist. The Postal Service is making for contractors to provide program preparation. These clerks cannot be efforts to expedite these cases while services or other legitimate agency expected, however, to uncover all complying with its obligation to afford functions, such as program evaluation, possible errors during their reviews. To all publishers due process. the Postal Service must release to the do so would require an in-depth Appropriate procedures to reflect contractors relevant information from scrutiny that increases considerably the these changes will be implemented EAP records. New routine use No. 1 cost of reviews, if done on each mailing, upon publication of this notice. allows such disclosure. The Postal and delays the acceptance and Stanley F. Mires, Service applied this routine use to most of its systems of records in its last processing of the mailing. Chief Counsel, Legislative. With respect to the comment about compilation of records systems [FR Doc. 95–18761 Filed 7–31–95; 8:45 am] the responsibility of postal employees published in the Federal Register on providing accurate information, the BILLING CODE 7710±12±P October 26, 1989 (54 FR 43652–43715). Postal Service believes that the In addition, PHS and Postal Service regulations applicable to program commenter is concerned that the revised Privacy Act of 1974; System of records allow disclosure without patient procedures will increase revenue Records deficiency assessments and possibly consent to medical personnel in medical even criminal penalties, both of which AGENCY: Postal Service. emergencies and for research, audit, and the commenter finds objectionable in ACTION: Notice of the addition of three evaluation activities. Although these cases where a postal employee makes an new routine uses in a system of records. disclosures are permitted to some extent error in calculating postage or accepting by exceptions within the Privacy Act, the mail or the employee provides SUMMARY: This document publishes new routine uses No. 2 and No. 3 are incorrect advice to a publisher about notice of the addition of three new added to clearly permit disclosures that second-class eligibility requirements. routine uses to Privacy Act system of conform with PHS and Postal Service This commenter’s concerns suggest that records USPS 120.140, Personnel regulations. the Postal Service audit its own Records—Employee Assistance Program The system changes are not expected acceptance practices at postal facilities (EAP) Records. One routine use permits to have any effect on individual privacy and devote more resources to training disclosure to a contractor and is adopted rights. EAP participant records are employees. to support administration and protected by federal law and The commenter’s suggestions about evaluation of the Postal Service’s EAP regulations, and these records receive examining acceptance procedures at by the Public Health Service (PHS) and the highest degree of confidentiality. business mail entry units and improving by private contractors. The other two Contractors who receive information employee training are well taken. The routine uses support disclosures pursuant to new routine use No. 1 are Postal Service does, in fact, conduct allowed by PHS and Postal Service made subject to subsection (m) of the frequent audits of mail acceptance regulations. One permits disclosure to Privacy Act and are required to apply procedures at its facilities. The Postal medical personnel to the extent appropriate protections subject to the Service also provides training for postal necessary to meet a medical emergency. audit and inspection of the Postal employees throughout the year, using The other one allows disclosure to Inspection Service. An interagency classroom and on-the-job instruction to qualified personnel for purposes of agreement between the Postal Service convey the intent of new and current conducting research, audit, or program and the PHS also contains provisions programs, policies, and procedures. evaluation. requiring procedures for safeguarding With respect to the concerns about the DATES: This proposal will become the confidentiality of EAP records and imposition of a revenue deficiency effective without further notice restricting disclosure by the PHS where a mailer has relied on the advice September 11, 1995, unless comments without Postal Service approval. In Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39199 addition, the PHS, as a federal agency, 3. Non-identifying records or shareholders and potential investors, is governed by the Privacy Act with information from this system may be the SAI need only be made available to respect to the handling of such records. disclosed to qualified personnel for investors upon request. As a result, it is Routine use No. 2 parallels the purposes of research, audit, or program believed that the approximately 1,300 compelling circumstances exception in evaluation. money market funds subject to Form N– the Privacy Act and is adopted in * * * * * 1A’s requirements would experience conformance with PHS and Postal Stanley F. Mires, reduced printing and mailing costs associated with a briefer prospectus. Service regulations allowing disclosure Chief Counsel, Legislative. in medical emergency situations. There would be no reduction or increase [FR Doc. 95–18848 Filed 7–31–95; 8:45 am] Disclosure is limited to that information in the reporting burden incurred by necessary to meet the emergency. BILLING CODE 7710±12±P money market funds when they file Similarly, disclosure under routine their Form N–1A registration statements use No. 3 is permitted by Postal Service with the Commission because the funds and PHS regulations and, to some SECURITIES AND EXCHANGE would continue to be required to extent, by an exception in the Privacy COMMISSION provide almost all of the information Act. Postal Service regulations provide eliminated from the prospectus in the that records of evaluation, research, or Requests Under Review by the Office SAI. As a result, the estimated reporting audit resulting from a disclosure under of Management and Budget burden for a money market fund filing routine use No. 3 may not contain Agency Clearance Officer: Michael E. Form N–1A if the proposed personal identifying information. Bartell, (202) 942–8800 amendments are adopted would Pursuant to 5 U.S.C. 552a(r) and Upon Written Request, Copy continue to be 1,064.24 hours. Similar amendments are being paragraph 4.c.(1)(f) of Appendix 1 of Available From: Securities and proposed to Form N–3, the registration Office of Management and Budget Exchange Commission, Office of Filings form used by separate accounts Circular A–130, Federal Information and Information Services, 450 Fifth organized as management investment Resources Management, interested Street NW., Washington, D.C. 02549 companies (‘‘separate accounts’’) to persons are invited to submit written Proposed Amendments to: data, views, or arguments on this comply with the registration statement proposal. A report of the proposed Form N–1A, File No. 270–21 requirements of the 1940 Act and to system has been sent to Congress and to Form N–3, File No. 270–281 register their securities under the 1933 the Office of Management and Budget Form 12b–25, File No. 270–71 Act. These amendments would shorten for their evaluation. Proposed New Rule: the prospectuses of separate accounts The most recent description of USPS Rule 30b3–1, File No. 270–402 that are money market funds and the 53 separate money market accounts subject 120.140 appears at 56 FR 21396 dated Notice is hereby given that, pursuant May 8, 1991. It is proposed that routine to Form N–3’s requirements would to the Paperwork Reduction Act of 1980 experience a reduction in printing and uses No. 1, No. 2, and No. 3 be added (44 U.S.C. 3501 et seq.), the Securities as follows to that system description: mailing costs associated with a briefer and Exchange Commission prospectus. As described above with USPS 120.140 (‘‘Commission’’) has submitted for OMB regard to Form N–1A, there will be no approval proposed amendments and a change in the burden associated with SYSTEM NAME: new proposed rule for the following: filing Form N–3 registration statements Personnel Records—Employee Form N–1A is the registration form with the Commission because filers Assistance Program (EAP) Records, used by open-end management would continue to be required to 120.140. investment companies (‘‘mutual funds’’) provide almost all of the information * * * * * to comply with the registration eliminated from the prospectus in the statement requirements of the SAI. As a result, the estimated reporting ROUTINE USES OF RECORDS MAINTAINED IN THE Investment Company Act of 1940 burden for a money market account SYSTEM, INCLUDING CATEGORIES OF USERS AND (‘‘1940 Act’’) and to register their filing Form N–3 if the proposed THE PURPOSES OF SUCH USES: securities under the Securities Act of amendments are adopted would 1. Records or information from this 1933 (‘‘1933 Act’’). Form N–1A permits continue to be 518 hours. system may be disclosed to an expert, mutual funds, including money market Additional amendments are being consultant, or other individual who is funds, to provide investors with a proposed that would not impose any under contract to the Postal Service to simplified prospectus covering matters additional recordkeeping or reporting fulfill an agency function, but only to of fundamental importance about the burden on funds. the extent necessary to fulfill that funds. More detailed information is Rule 12b–25 under the Securities function. This may include disclosure to provided to interested investors through Exchange Act of 1934 (‘‘1934 Act’’) any individual with whom the Postal the Statement of Additional Information prescribes the manner in which Service contracts to reproduce by (‘‘SAI’’). notification should be given to the typing, photocopying, or other means The proposed amendments would Commission when certain reports any records for use by Postal Service primarily affect money market required by the 1934 and 1940 Acts and officials in connection with their official funds.The amendments are intended to rules thereunder are filed late. Form duties or to any individual who shorten and simplify prospectuses for 12b–25 is a notification of the late filing performs clerical or stenographic money market funds by permitting the by a registrant. All burdens associated functions relating to the official funds to transfer substantial amounts of with Rule 12b–25 are reflected in the business of the Postal Service. detailed information regarding their burdens reports for Form 12b–25. Under 2. Records or information from this investment policies and operations to current burden estimates, 4,266 system may be made to medical the SAI, and by otherwise simplifying respondents file Form 12b–25 annually personnel to the extent necessary to the form’s requirements and at 2.5 burden hours per response with meet a medical emergency involving the instructions. While prospectuses are a total annual burden of 10,655 hours. participant. widely distributed by funds to Under the amendment to form 12b–25 39200 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices being proposed, it is estimated that an in Items I, II, and III below, which Items of termination of a registered additional 220 respondents will file have been prepared by the NASD. The representative or registered principal Form 12b–25 annually at 2.5 burden NASD has designated this proposal as filed with the Corporation as required hours per response, for an additional one establishing or changing a fee under by Section 3 of Article IV of the By- annual burden of 550 hours, and a § 19(b)(3)(A)(ii) of the Act, which Laws from August 1, 1995 through revised total burden of 11,105 hours. renders the rule effective upon the December 31, 1996. Such fee shall be Proposed Rule 30b3–1 requires money Commission’s receipt of this filing. The $35.00 from January 1, 1997 through market funds to file quarterly reports NASD is, however, requesting that the December 31, 1997 and shall be $25.00 with the Commission detailing their fee be implemented on August 1, 1995. thereafter. portfolio holdings. This information The Commission is publishing this (ii) A late filing fee of [$50.00] $65.00 will better enable the Commission to notice to solicit comments on the shall be assessed a member who fails to detect and deter money market fund proposed rule change from interested file with the Corporation written notice non-compliance with the federal persons. of termination of a registered representative or registered principal securities laws, particularly Rule 2a–7 I. Self-Regulatory Organization’s under the 1940 Act, the rule which within thirty (30) calendar days of such Statement of the Terms of Substance of termination from August 1, 1995 restricts the types of instruments in the Proposed Rule Change which money market funds can invest. through December 31, 1996. Such fee The reports would be filed The NASD is proposing to amend shall be $60.00 from January 1, 1997 electronically through the Commission’s Section 2 to Schedule A of the By-Laws through December 31, 1997 and shall be electronic filing system, called EDGAR to temporarily increase certain filing $50.00 thereafter. (Electronic Data Gathering, Analysis and fees to recover the costs associated with the redesign of the Central Registration II. Self-Regulatory Organization’s Retrieval). It is estimated that 1,300 Statement of the Purpose of, and respondents will file the report four Depository (‘‘CRD’’). Proposed new language is italicized, proposed Statutory Basis for, the Proposed Rule times a year at 2 burden hours per Change response for a total burden of 10,400 deletions are in brackets. In its filing with the Commission, the hours annually. Schedule A General comments and comments NASD included statements concerning concerning the accuracy of the Assessments and fees pursuant to the the purpose of and basis for the provisions of Article VI of the By-Laws estimated average burden hours for proposed rule change and discussed any of the Corporation, shall be determined compliance with Commission rules and comments it received on the proposed on the following basis. forms should be directed to Michael E. rule change. The text of these statements Bartell, Associate Executive Director, * * * * * may be examined at the places specified in item IV below. The NASD has Securities and Exchange Commission, Fees 450 Fifth Street, N.W., Washington, D.C. prepared summaries, set forth in 20549, and the Clearance Officer for the Sec. 2. Sections (A), (B), and (C) below, of the SEC, Project Numbers 3235–0307 (Form * * * * * most significant aspects of such N–1A), 3235–0316 (Form N–3), and (b) Each member shall be assessed a statements. fee of [$65.00] $85.00 for each 3235–0058 (Form 12b–25), Office of (A) Self-Regulatory Organization’s application filed with the Association Management and Budget, Room 3208, Statement of the Purpose of, and for registration of a registered New Executive Office Building, Statutory Basis for, the Proposed Rule representative or registered principal Washington, D.C. 20543. Change from August 1, 1995 through December Dated: July 24, 1995. 31, 1996. Such fee shall be $70.00 from The NASD has a major systems Margaret H. McFarland, January 1, 1997 through December 31, development project underway to Deputy Secretary. 1997 and shall be $65.00 thereafter. completely redesign the CRD. The CRD [FR Doc. 95–18815 Filed 7–31–95; 8:45 am] Additionally, each member shall be is a computerized system for one-stop BILLING CODE 8010±01±M assessed a surcharge of [$85.00] $95.00 registration and licensing of NASD for registrations involving a special members and their associated persons. registration review filed with the The system was developed in 1981 to [Release No. 34±36025; File No. SR±NASD± standardize and streamline the 95±32] Association from August 1, 1995 through December 31, 1997 and shall be registration process by accommodating a Self-Regulatory Organizations; Notice $85.00 thereafter. The following shall single filing and payment of fees for of Filing and Immediate Effectiveness apply to the filing of applications to re- registration in multiple jurisdictions. of Proposed Rule Change by National register or transfer the registration of Today the system processes filings on Association of Securities Dealers, Inc., registered persons or registered behalf of 50 states, the District of Relating to Schedule A of the By-Laws principals in connection with Columbia and Puerto Rico, seven (7) Concerning Registration and Filing acquisition of all or a part of a member’s self-regulatory organizations and the Fees business by another member: SEC. The redesigned CRD, scheduled for a July 26, 1995. No. of registered personnel trans- Discount staged implementation in 1996–1997, Pursuant to Section 19(b)(1) of the ferred (percent) will feature electronic filings, re- Securities Exchange Act of 1934 engineered work processes, expedited 1,000±1,999 ...... 10 (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is 2,000±2,999 ...... 20 relicensing and a highly structured, hereby given that on July 20, 1995, the 3,000±3,999 ...... 30 relational database to better serve the National Association of Securities 4,000±4,999 ...... 40 information requirements of regulators, Dealers, Inc. (‘‘NASD’’ or ‘‘Association’’) 5,000 and over ...... 50 members and investors. In addition, the filed with the Securities and Exchange new system will include investment Commission (‘‘SEC’’ or ‘‘Commission’’) (h) (i) Each member shall be assessed adviser registration for the SEC and the proposed rule change as described a fee of [$25.00] $40.00 for each notice states, an E-mail communication Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39201 capability for system participants and a necessary or appropriate in the public Mormac notes that the ODSA document imaging/storage/retrieval interest, for the protection of investors, applicable to the MORMACSKY (MA/ service for support documents required or otherwise in furtherance of the MSB–295(c)) terminates on January 31, in certain filing situations. purposes of the Act. 1997. Without an extension of its The NASD had originally intended to IV. Solicitation of Comments subsidized life the MORMACSTAR fund the CRD redesign effort from the would conclude its subsidized life on current registration filing fees based on Interested persons are invited to December 9, 1995 (MA/MSB–295(b)) expected activity levels in the 1995– submit data, views, and arguments and the MORMACSUN would conclude 1997 period. In 1995 registration concerning the foregoing. Persons its subsidized life on June 22, 1996 activity declined significantly, and the making written submissions should file (MA/MSB–295(c)). resulting lower revenue levels are now six copies thereof with the Secretary, expected to continue through 1997. The Securities and Exchange Commission, Extending the subsidized life of the NASD believes it is necessary to 450 Fifth Street NW., Washington, DC. Vessels and establishing a subsidy institute the temporary fee increase in Copies of the submission, all subsequent sharing arrangement will, according to order to continue the investment in this amendments, all written statements Mormac, permit the Vessels to remain important systems project. The with respect to the proposed rule active participants in the U.S. foreign temporary fees will be implemented on change that are filed with the trade for one additional year and six August 1, 1995, and will apply to all Commission, and all written additional months, respectively, while filings received on or after that date. The communications relating to the concurrently helping to ensure the fee increase will be reduced for most proposed rule change between the employment of U.S. seafarers for this types of filings made in calendar 1997 Commission and any person, other than additional time. Mormac also points out and will return to their current levels in those that may be withheld from the that the Vessels would remain available calendar 1998. public in accordance with the for use in times of national emergency The NASD believes that the proposed provisions of 5 U.S.C. 552, will be during the extended subsidizable life. rule change is consistent with the available for inspection and copying in Mormac contends that the Vessels are provisions of Section 15A(b)(5) of the the Commission’s Public Reference Act 1 which requires that the rules of the Room. Copies of such filing will also be actively engaged in the international Association provide for the equitable available for inspection and copying at trade and well maintained. Neither is allocation of reasonable dues, fees and the principal office of the NASD. All required to exit the trade as a single hull other charges in that the proposed rule submissions should refer to File No. vessel until 2003. The public interest provides a consistent basis for SR–NASD–95–32 and should be and the U.S. merchant marine, Mormac assessments among member firms and submitted by August 22, 1995. asserts, would be supported by the approval of its request. fairly assesses a charge to cover the For the Commission, by the Division of costs incurred by the Association in the Market Regulation, pursuant to delegated This application may be inspected in redesign of the CRD System. authority, 17 CFR 200.30–3(a)(12). the Office of the Secretary, Maritime (B) Self-Regulatory Organization’s State Margaret H. McFarland, Administration. Any person, firm, or on Burden on Competition Deputy Secretary. corporation having any interest in such The NASD does not believe that the [FR Doc. 95–18818 Filed 7–31–95; 8:45 am] application and desiring to submit proposed rule change will result in any BILLING CODE 8010±01±M comments concerning the application burden on competition that is not must file written comments in triplicate necessary or appropriate in furtherance with the Secretary, Maritime of the purposes of the Act, as amended. Administration, Room 7210, Nassif DEPARTMENT OF TRANSPORTATION Building, 400 Seventh Street SW., (C) Self-Regulatory Organization’s Washington, D.C. 20590. Comments Statement on Comments on the Maritime Administration must be received no later than 5:00 p.m. Proposed Rule Change Received From [Docket S±923] on August 10, 1995. This notice is Members, Participants, or Others published as a matter of discretion and Written comments were neither Mormac Marine Transport, Inc.; Notice publication should in no way be solicited nor received. of Application for Modification of considered a favorable or unfavorable Operating-Differential Subsidy III. Date of Effectiveness of the decision on the application, as filed or Agreement, Contract MA/MSB±295(c) Proposed Rule Change and Timing for as may be amended. The Maritime and extension of subsidizable life of Commission Action Administration will consider any the MORMACSTAR and MORMACSUN comments submitted and take such The foregoing rule change has become effective upon filing pursuant to Section By application dated July 10, 1995, action with respect thereto as may be 19(b)(3)(D)(ii) of the Act and pursuant to section 605(b) of the deemed appropriate. subparagraph (e) of Rule 19b–4 Merchant Marine Act, 1936, as amended (Catalog of Federal Domestic Assistance thereunder in that it constitutes a due, (Act) Mormac Marine Transport, Inc. Program No. 20.804 (Operating-Differential fee or other charge. However, the NASD (Mormac) requests that the subsidized Subsidies)). has determined to implement the rule life of the MORMACSTAR and the Dated: July 26, 1995. change on August 1, 1995. MORMACSUN (Vessels) be extended to By Order of the Maritime Subsidy Board. At any time within 60 days of the January 31, 1997. In addition, pursuant filing of such proposed rule change, the to Article II–25 of ODSA MA/MSB– Joel C. Richard, Commission may summarily abrogate 295(c) Mormac requests that Article I– Secretary. the rule change if it appears to the 3(a) of ODSA MA/MSB–295(c) be [FR Doc. 95–18791 Filed 7–31–95; 8:45 am] Commission that such action is modified to permit a subsidy sharing BILLING CODE 4910±81±P arrangement between the Vessels and 1 15 U.S.C. § 78o–3. the MORMACSKY. 39202 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices DEPARTMENT OF THE TREASURY Public Information Collection Public Information Collection Requirements Submitted to OMB for Requirements Submitted to OMB for Public Information Collection Review Review Requirements Submitted to OMB for Review July 25, 1995. July 25, 1995. The Department of Treasury has July 25, 1995. submitted the following public The Department of Treasury has The Department of Treasury has information collection requirement(s) to submitted the following public submitted the following public OMB for review and clearance under the information collection requirement(s) to information collection requirement(s) to Paperwork Reduction Act of 1980, OMB for review and clearance under the OMB for review and clearance under the Public Law 96–511. Copies of the Paperwork Reduction Act of 1980, Paperwork Reduction Act of 1980, submission(s) may be obtained by Public Law 96–511. Copies of the Public Law 96–511. Copies of the calling the Treasury Bureau Clearance submission(s) may be obtained by submission(s) may be obtained by Officer listed. Comments regarding this calling the Treasury Bureau Clearance calling the Treasury Bureau Clearance information collection should be Officer listed. Comments regarding this Officer listed. Comments regarding this addressed to the OMB reviewer listed information collection should be information collection should be and to the Treasury Department addressed to the OMB reviewer listed addressed to the OMB reviewer listed Clearance Officer, Department of the and to the Treasury Department and to the Treasury Department Treasury, Room 2110, 1425 New York Clearance Officer, Department of the Clearance Officer, Department of the Avenue, NW., Washington, DC 20220. Treasury, Room 2110, 1425 New York Treasury, Room 2110, 1425 New York Internal Revenue Service (IRS) Avenue, NW., Washington, DC 20220. Avenue, NW., Washington, DC 20220. OMB Number: 1545–1013. Internal Reveneu Service (IRS) Internal Revenue Service (IRS) Form Number: IRS Form 8612. OMB Number: 1545–1056. Type of Review: Revision. OMB Number: 1545–0047. Regulation ID Number: INTL–61–86 Title: Return of Excise Tax on Form Number: IRS Form 990 and Final. Undistributed Income of Real Estate Schedule A (Form 990). Type of Review: Extension. Investment Trusts. Title: Foreign Tax Credit: Notice and Description: Form 8612 is used by real Type of Review: Extension. Adjustment Due to Foreign Tax estate investment trusts to compute and Title: Return of Organization Exempt Redeterminations. pay the excise tax on undistributed From Income Tax Under Section 501(c) Description: Section 905(c) requires income imposed under section 4981. of the Internal Revenue Code (except notification and redetermination of a IRS uses the information to verify that black lung benefit trust or private taxpayer’s United States tax liability to the correct amount of tax has been foundation) or section 4947(a)(1) account for the effect of a foreign tax reported. nonexempt charitable trust (Form 990). redetermination, in certain cases. The Respondents: Business or other for- Organization Exempt Under Section reporting requirements will enable the profit. Internal Revenue Service to recompute Estimated Number of Respondents/ 501(c)(3) (Except Private Foundation), a taxpayer’s United States tax liability. Recordkeepers: 20. 501(e), 501(f), 501(k), or Section Respondents: Individuals or Estimated Burden Hours Per 4947(a)(1) Nonexempt Charitable Trust, households, Business or other for-profit. Respondent/Recordkeeper: Supplementary Information (Schedule Estimated Number of Respondents: Recordkeeping—6 hours, 13 minutes. A (Form 990)). Learning about the law or the form— 10,000. 1 hour, 35 minutes. Description: Form 990 is needed to Estimated Burden Hours Per Preparing and sending the form to the determine that the Internal Revenue Respondent: 1 hour. IRS—1 hour, 46 minutes. Code (IRC) section 501(a) tax-exempt Frequency of Response: On occasion. organizations fulfill the operating Estimated Total Reporting Burden: Frequency of Response: Annually. conditions of their tax exemption. 8,750 hours. Estimated Total Reporting/ Clearance Officer: Garrick Shear (202) Recordkeeping Burden: 191 hours. Schedule A (Form 990) is used to elicit Clearance Officer: Garrick Shear (202) 622–3869, Internal Revenue Service, special information from section 622–3869, Internal Revenue Service, Room 5571, 1111 Constitution Avenue, 501(c)(3) organizations. IRS uses the Room 5571, 1111 Constitution Avenue, NW., Washington, DC 20224. information from these forms to NW., Washington, DC 20224. OMB Reviewer: Milo Sunderhauf determine if the filers are operating OMB Reviewer: Milo Sunderhauf (202) 395–7340, Office of Management within the rules of their exemption. (202) 395–7340, Office of Management and Budget, Room 10226, New and Budget, Room 10226, New Respondents: Not-for-profit Executive Office Building, Washington, Executive Office Building, Washington, institutions. DC 20503. DC 20503. Estimated Number of Respondents/ Dale A. Morgan, Dale A. Morgan, Recordkeepers: 327,953 Departmental Reports Management Officer. Departmental Reports Management Officer. Estimated Burden Hours Per [FR Doc. 95–18844 Filed 7–31–95; 8:45 am] [FR Doc. 95–18846 Filed 7–31–95; 8:45 am] Respondent/Recordkeeper: BILLING CODE 4830±01±P BILLING CODE 4830±01±P Form 990 Schedule A Recordkeeping ...... 92 hrs., 47 min...... 49 hrs., 59 min. Learning about the law or the form ...... 17 hrs., 5 min...... 9 hrs., 8 min. Preparing the form ...... 22 hrs., 9 min...... 10 hrs., 22 min. Copying, assembling, and sending the form to the IRS ...... 48 min...... 0 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39203 Frequency of Response: Annually. Officials, Offices and Bureaus, a. TO 101–05, ‘‘Reporting Estimated Total Reporting/ Delegation of Certain Authority, and Relationships and Supervision of Recordkeeping Burden: 52,372,061 Order of Succession in the Department Officials, Offices and Bureaus, hours. of the Treasury.’’ Delegation of Certain Authority, and Clearance Officer: Garrick Shear (202) b. 31 U.S.C. 333. Order of Succession in the Department 622–3869, Internal Revenue Service, 6. References. of the Treasury.’’ Room 5571, 1111 Constitution Avenue, a. Treasury Directive (TD) 73–03, b. 31 U.S.C. 333. NW., Washington, DC 20224 ‘‘Official Flags of the Department of the 6. References. OMB Reviewer: Milo Sunderhauf Treasury.’’ a. Treasury Directive (TD) 73–03, (202) 395–7340, Office of Management b. TD 73–04, ‘‘Official Seal of the ‘‘Official Flags of the Department of the and Budget, Room 10226, New Department of the Treasury.’’ Treasury.’’ Executive Office Building, Washington, c. 18 U.S.C. 701. b. TD 73–04, ‘‘Official Seal of the DC 20503. 7. Expiration Date. This Directive Department of the Treasury.’’ shall expire three years from the date of c. 18 U.S.C. 701. Dale A. Morgan 7. Expiration Date. This Directive issuance unless cancelled or superseded Departmental Reports Management Officer. shall expire three years from the date of by that date. [FR Doc. 95–18845 Filed 7–31–95; 8:45 am] issuance unless cancelled or superseded 8. Office of Primary Interest. Office of BILLING CODE 4830±01±P by that date. the Under Secretary (Enforcement). 8. Office of Primary Interest. Office of Ronald K. Noble, the Under Secretary (Enforcement). [Treasury Directive Number 15±13] Under Secretary (Enforcement). Ronald K. Noble, Delegation of Authority to the Director, [FR Doc. 95–18841 Filed 7–31–95; 8:45 am] Under Secretary (Enforcement). Bureau of Alcohol, Tobacco and BILLING CODE 4810±25±P [FR Doc. 95–18842 Filed 7–31–95; 8:45 am] Firearms, Under 31 U.S.C. 333, Misuse BILLING CODE 4810±25±P of Treasury Name or Symbol [Treasury Directive Number 15±31] Dated: July 24, 1995. Delegation of Authority to the [Treasury Directive Number 15±43] 1. Purpose. This Directive delegates to Commissioner, United States Customs the Director, Bureau of Alcohol, Delegation of Authority to the Service, Under 31 U.S.C. 333, Misuse Commissioner, Internal Revenue Tobacco and Firearms (‘‘ATF’’), certain of Treasury Name or Symbol criminal investigatory authority and Service, Under 31 U.S.C. 333, Misuse of Treasury Name or Symbol civil penalty enforcement authority Dated: July 24, 1995. under 31 U.S.C. 333 relating to misuse 1. Purpose. This Directive delegates to Dated: July 24, 1995. of the name or symbol of the the Commissioner, United States 1. Purpose. This Directive delegates to Department of the Treasury or any Customs Service, certain criminal the Commissioner, Internal Revenue Treasury component or employee investigatory authority and civil penalty Service, criminal investigatory authority thereof as specified below. enforcement authority under 31 U.S.C. and civil penalty enforcement authority 2. Delegation. By virtue of the 333 relating to misuse of the name or under 31 U.S.C. 333 relating to misuse authority vested in the Secretary of the symbol of the Department of the of the name or symbol of the Treasury by 31 U.S.C. 333, and the Treasury or any Treasury component or Department of the Treasury or any authority delegated to the Under employee thereof as specified below. Treasury component or employee Secretary (Enforcement) by Treasury 2. Delegation. By virtue of the thereof as specified below. Order (TO) 101–05, there is hereby authority vested in the Secretary of the 2. Delegation. By virtue of the delegated to the Director, Bureau of Treasury by 31 U.S.C. 333, and the authority vested in the Secretary of the Alcohol, Tobacco and Firearms, authority delegated to the Under Treasury by 31 U.S.C. 333, and the authority to investigate criminal Secretary (Enforcement) by Treasury authority delegated to the Under violations of, and to assess civil Order (TO) 101–05, there is hereby Secretary (Enforcement) by Treasury penalties under, section 333 involving: delegated to the Commissioner, United Order (TO) 101–05, there is hereby (a) the misuse of the name or symbol of States Customs Service, authority to delegated to the Commissioner, Internal the Bureau of Alcohol, Tobacco and investigate criminal violations of, and to Revenue Service, authority to Firearms or the name of any ATF assess civil penalties under, section 333 investigate criminal violations of, and to employee; or (b) the name or symbol of involving: (a) The misuse of the name or assess civil penalties under, section 333 the Department of the Treasury or the symbol of the Customs Service or the involving: (a) The misuse of the name or Secretary or any Treasury employee in name of any Customs employee; or (b) symbol of the Internal Revenue Service connection with activities within the the name or symbol of the Department or the name of any IRS employee; or (b) jurisdiction of the Bureau of Alcohol, of the Treasury or the Secretary or any the name or symbol of the Department Tobacco and Firearms. Treasury employee in connection with of the Treasury or the Secretary or any 3. Civil Penalty Authority. The activities within the jurisdiction of the Treasury employee in connection with Director, Bureau of Alcohol, Tobacco Customs Service. activities within the jurisdiction of the and Firearms, will assess, mitigate and 3. Civil Penalty Authority. The Internal Revenue Service. collect civil penalties in accordance Commissioner, United States Customs 3. Civil Penalty Authority. The with guidelines issued by the Office of Service, will assess, mitigate and collect Commissioner, Internal Revenue the Under Secretary (Enforcement). civil penalties in accordance with Service, will assess, mitigate and collect 4. Redelegation. The authority guidelines issued by the Office of the civil penalties in accordance with delegated by this Directive may be Under Secretary (Enforcement). guidelines issued by the Office of the redelegated. 4. Redelegation. The authority Under Secretary (Enforcement). 5. Authorities. delegated by this Directive may be 4. Redelegation. The authority a. TO 101–05, ‘‘Reporting redelegated. delegated by this Directive may be Relationships and Supervision of 5. Authorities. redelegated. 39204 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 5. Authorities. 27, 1985 (50 FR 27293, July 2, 1985), I from on or about June 15, 1996 through a. TO 101–05, ‘‘Reporting hereby determine that the objects to be September 8, 1996, is in the national Relationships and Supervision of included in the exhibit, ‘‘Art, Politics interest. Public Notice of this Officials, Offices and Bureaus, and Change: Jewish Artists in Russia, determination is ordered to be Delegation of Certain Authority, and 1890–1990’’ (See list),1 imported from published in the Federal Register. Order of Succession in the Department abroad for the temporary exhibition Dated: July 26, 1995. of the Treasury.’’ without profit within the United States, Les Jin, b. 31 U.S.C. 333. are of cultural significance. These General Counsel. 6. References. objects are imported pursuant to a loan a. Treasury Directive (TD) 73–03, agreement with the foreign lenders. I [FR Doc. 95–18758 Filed 7–31–95; 8:45 am] ‘‘Official Flags of the Department of the also determine that the temporary BILLING CODE 8230±01±M Treasury.’’ exhibition or display of the listed b. TD 73–04, ‘‘Official Seal of the exhibit objects at The Jewish Museum, Department of the Treasury.’’ New York, New York from on or about DEPARTMENT OF VETERANS c. 18 U.S.C. 701. September 24, 1995, to on or about AFFAIRS 7. Expiration Date. This Directive January 28, 1996, and at one or more Request for Public Comments on shall expire three years from the date of subsequent U.S. locations yet to be Proposed Information Collections issuance unless cancelled or superseded determined, is in the national interest. by that date. Public Notice of this determination is AGENCY: Veterans Benefits 8. Office of Primary Interest. Office of ordered to be published in the Federal Administration, Department of Veterans the Under Secretary (Enforcement). Register. Affairs. Ronald K. Noble, Dated: July 26, 1995. ACTION: Notice. Under Secretary (Enforcement). Les Jin, SUMMARY: Veterans Benefits [FR Doc. 95–18843 Filed 7–31–95; 8:45 am] General Counsel. BILLING CODE 4810±25±P Administration (VBA), Department of [FR Doc. 95–18759 Filed 7–31–95; 8:45 am] Veterans Affairs, will submit to the BILLING CODE 8230±01±M Office of Management and Budget Customs Service (OMB) the following proposals for the collection of information under the [T.D. 95±57] Culturally Significant Objects Imported for Exhibition; Determination provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Cancellation of Customs Broker Notice is hereby given of the Licenses OMB Control Number: 2900–0031. following determination: Pursuant to Title and Form Number: Veterans AGENCY: Customs Service, Department the authority vested in me by the Act of Supplemental Application for of the Treasury. October 19, 1965 (79 Stat. 985, 22 U.S.C. Assistance in Acquiring Specially ACTION: Cancellation of licenses. 2459), Executive Order 12047 of March Adapted Housing, VA Form 26–4555c. 27, 1978 (43 FR 13359, March 29, 1978), Type of Information Collection: SUMMARY: Notice is hereby given that, and Delegation Order No. 85–5 of June Revision of a currently approved pursuant to 19 CFR 111.51(a), the 27, 1985 (50 FR 27393, July 2, 1985), I collection. following Customs broker licenses have hereby determine that the objects to be Need and Uses: The form is used by been cancelled due to the death of the included in the exhibit, ‘‘PARIS veterans to apply for specially adapted broker. These licenses were issued in MODERN: The Swedish Ballet 1920– housing grants. The information is used the Houston-Galveston District. 1925’’ (See list 1), imported from abroad by VBA to determine if it is James Costello—06974 for the temporary exhibition without economically feasible for a veteran to Allan Frank LaBay—02640 profit within the United States, are of reside in specially adapted housing and Robert Wayne Manuel—05155 cultural significance. These objects are also to compute the proper grant Walter Revere Zanes, Jr.—02855 imported pursuant to a loan agreement amount. Pamela J. McGruder—11011 with the foreign lenders. I also Affected Public: Individuals or Dated: July 25, 1995. determined that the exhibition or households. Philip Metzger, display of the listed exhibit objects at Estimated Annual Burden: 115 hours. Director, Trade Compliance. The Museum at the Fashion Institute, Estimated Average Burden Per [FR Doc. 95–18746 Filed 7–31–95; 8:45 am] New York, New York from on or about Respondent: 15 minutes. October 9, 1995, through January 15, Frequency of Response: One time. BILLING CODE 4820±02±P 1996; The McNay Art Museum, San Estimated Number of Respondents: Antonio, Texas from on or about 460. February 12, 1996 through May 12, OMB Control Number: 2900–0463. UNITED STATES INFORMATION 1996; and The Fine Arts Museums of Title and Form Number: Notice of AGENCY San Francisco, San Francisco, California Waiver of VA Compensation or Pension Culturally Significant Objects Imported to Receive Military Pay and Allowance, 1 for Exhibition; Determination A copy of this list may be obtained by VA Form 21–8951. contacting Mr. Paul W. Manning of the Office of the Type of Information Collection: General Counsel of USIA. The telephone number is Notice is hereby given of the 202 619–5997, and the address is Room 700, U.S. Reinstatement, with change, of a following determination: Pursuant to Information Agency, 301 Fourth Street, S.W., previously approved collection for the authority vested in me by the Act of Washington, D.C. 20547. which approval has expired. October 19, 1965 (79 Stat.985, 22 U.S.C. 1 A copy of this list may be obtained by Need and Uses: The form is to be used contacting Mrs. Carol B. Epstein, Assistant General 2459), Executive Order 12047 of March Counsel, at 202/619–6981, and the address is Room by a VA beneficiary who is also a 27, 1978 (43 FR 13359, March 29, 1978), 700, U.S. Information Agency, 301 4th Street, S.W., reservist or guardsman to report the and Delegation Order No. 85–5 of June Washington, D.C. 20547–0001 number of days he or she is in training Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Notices 39205 and to waive VA disability benefits for By direction of the Secretary. offices for forwarding publications to an equal number of days. The William T. Morgan, the service organizations to be used in information will be used by VBA to Management Analyst Officer. rendering services and representation adjust VA benefits, thus preventing an [FR Doc. 95–18767 Filed 7–31–95; 8:45 am] to veterans, their spouses and overpayment. BILLING CODE 8320±01±M dependents Affected Public: Individuals or Affected Public: Individuals or households. households Requests for Public Comments on Estimated Annual Burden: 700 hours. Estimated Annual Burden: 150 hours Proposed Collections of Information Estimated Average Burden Per Estimated Average Burden Per Respondent: 10 minutes Respondent: 2 minutes. AGENCY: Office of Information Resources Management, Department of Veterans Frequency of Response: On occasion Frequency of Response: Annually. Affairs. Estimated Number of Respondents: 150 Estimated Number of Respondents: ACTION: Notice. ADDRESSES: 21,000. Requests for a copy of the SUMMARY: The Office of Information form, the request for clearance, and ADDRESSES: Requests for copies of the Resources Management (IRM), supporting documentation or comments forms, the request for clearance, and Department of Veterans Affairs, will and recommendations concerning the supporting documentation or comments submit to the Office of Management and proposal should be directed to Ron and recommendations concerning the Budget (OMB) the following proposals Taylor, Information Management proposals should be directed to Trish for the collection of information under Service (045A4), Department of Fineran, Veterans Benefits the provisions of the Paperwork Veterans Affairs, 810 Vermont Avenue, Administration (20M30), Department of Reduction Act (44 U.S.C. Chapter 35). NW., Washington, DC 20420, (202) 565– Veterans Affairs, 810 Vermont Avenue, OMB Control Number: 2900–0028 4412. NW, Washington, DC 20420, (202) 273– Title and Form Number: Application for DATES: Comments and 6886. Service Representatives for Placement recommendations on the proposals for DATES: Comments and on Mailing List, VA Form 3215 the collection of information should be recommendations on the proposals for Type of Information Collection: received by October 2, 1995. the collection of information should be Extension of a currently approved Dated: July 25, 1995. received on or before October 2, 1995. collection Need and Uses: The form is used by By direction of the Secretary. FOR FURTHER INFORMATION CONTACT: Ron service organizations for placing their William T. Morgan, Taylor, VA Clearance Officer (045A4), representatives on the mailing list to Management Analyst Officer. (202) 565–4412. receive VA publications. The [FR Doc. 95–18768 Filed 7–31–95; 8:45 am] Dated: July 25, 1995. information is used by VA regional BILLING CODE 8320±01±M 39206 Sunshine Act Meetings Federal Register Vol. 60, No. 147 Tuesday, August 1, 1995 This section of the FEDERAL REGISTER PLACE: William McChesney Martin, Jr. Briefing on Changes to the Performance contains notices of meetings published under Federal Reserve Board Building, C Indicator Program (Public Meeting) the ``Government in the Sunshine Act'' (Pub. Street entrance between 20th and 2lst (Contact: Steve Mays, 301–415–7496) L. 94-409) 5 U.S.C. 552b(e)(3). Streets, NW., Washington, DC 20551. 11:30 a.m. STATUS: Closed. Affirmation Session (Public Meeting) (Please Note: This item will be affirmed FEDERAL COMMUNICATIONS COMMISSION MATTERS TO BE CONSIDERED: immediately following the conclusion of FCC To Hold Open Commission 1. Personnel actions (appointments, the preceding meeting.) Meeting Thursday, August 3, 1995 promotions, assignments, reassignments, and a. Final Amendment to 10 CFR Part 50, salary actions) involving individual Federal Appendix J, ‘‘Containment Leakage The Federal Communications Reserve System employees. Testing,’’ to Adopt Performance-Oriented Commission will hold an Open Meeting 2. Any items carried forward from a and Risk-Based Approaches (Tentative) on the subjects listed below on previously announced meeting. (Contact: Andrew Bates, 301–415–1963) Thursday, August 3, 1995, which is CONTACT PERSON FOR MORE INFORMATION: scheduled to commence at 9:30 a.m., in Note: The Nuclear Regulatory Commission Mr. Joseph R. Coyne, Assistant to the Room 856, at 1919 M Street, NW., is operating under a delegation of authority Board; (202) 452–3204. You may call Washington, DC. to Chairman Shirley A. Jackson, because with (202) 452–3207, beginning at three vacancies on the Commission, it is Item No., Bureau, and Subject approximately 5 p.m. two business days temporarily without a quorum. As a legal 1—Common Carrier—Title: Final Report of before this meeting, for a recorded matter, therefore, the Sunshine Act does not the Hearing Aid-Compatibility Negotiated announcement of bank and bank apply; but in the interests of openness and Rulemaking Committee (CC Docket No. 87– holding company applications public accountability, the Commission will 124). Summary: The Commission will be scheduled for the meeting. conduct business as though the Sunshine Act presented with a staff report on the were applicable. recommendations of the Hearing Aid- Dated: July 28, 1995. Compatibility Negotiated Rulemaking Jennifer J. Johnson, The schedule for Commission Committee. Deputy Secretary of the Board. 2—Common Carrier—Title: Report on meetings is subject to change on short Consumer Protection and Enforcement [FR Doc. 95–19051 Filed 7–28–95; 3:52 pm] notice. To verify the status of meetings Issues. Summary: The Commission will be BILLING CODE 6210±01±P call (Recording)—(301) 415–1292. presented with a staff report on Common Carrier-related consumer protection and CONTACT PERSON FOR MORE INFORMATION: enforcement issues. NUCLEAR REGULATORY COMMISSION Bill Hill (301) 415–1661. 3—International—Title: Progress Statement DATE: Week of July 31, August 7, 14, and This notice is distributed by mail to on International Dial-a-porn Crackdown. 21, 1995. several hundred subscribers; if you no Summary: The Commission will be presented with a staff report on the PLACE: Commissioners’ Conference longer wish to receive it, or would like crackdown on international dial-a-porn. Room, 11555 Rockville Pike, Rockville, to be added to it, please contact the Maryland. Additional information concerning Office of Secretary, Attn: Operations STATUS: this meeting may be obtained from Public. Branch, Washington, D.C. 20555 (301– Audrey Spivack or Maureem Peratino, MATTERS TO BE CONSIDERED: 415–1963). Office of Public Affairs, telephone In addition, distribution of this Week of July 31 number (202) 418–0500. meeting notice over the internet system There are no meetings scheduled for the is available. If you are interested in Dated: July 27, 1995. Week of July 31. Federal Communications Commission. receiving this Commission meeting Week of August 7—Tentative William F. Caton, schedule electronically, please send an Acting Secretary. There are no meetings scheduled for the electronic message to [email protected] or Week of August 7. [FR Doc. 95–18951 Filed 7–28–95; 2:27 pm] [email protected]. BILLING CODE 6712±01±F Week of August 14—Tentative William M. Hill, Jr., There are no meetings scheduled for the SECY Tracking Officer, Office of the Week of August 14. Secretary. BOARD OF GOVERNORS OF THE FEDERAL [FR Doc. 95–18922 Filed 7–28–95; 10:25 am] RESERVE SYSTEM Week of August 21—Tentative BILLING CODE 7590±01±M TIME AND DATE: 11 a.m., Monday, August Tuesday, August 22 7, 1995. 10:00 a.m. federal register August 1,1995 Tuesday Proposed Rule to CollectiveBargainingAgreements; Plans EstablishedorMaintainedPursuant 29 CFRPart2510 Administration Pension andWelfareBenefits Department ofLabor Part II 39207 39208 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules DEPARTMENT OF LABOR DC 20210 (telephone (202) 219–8671) or The Multiple Employer Welfare Cynthia Caldwell Weglicki, Office of the Arrangement Act legislation was Pension and Welfare Benefits Solicitor, Plan Benefits Security introduced to counter what the Administration Division, U.S. Department of Labor, Rm Congressional drafters termed abuse by N–4611, 200 Constitution Ave., N.W., the ‘‘operators of bogus ‘insurance’ 29 CFR Part 2510 Washington, DC 20210 (telephone (202) trusts.’’ 128 Cong. Rec. E2407 (1982) RIN 1210±AA48 219–4592). These are not toll-free (Statement of Congressman Erlenborn). numbers. In his comments, Congressman Proposed Regulation for Plans Erlenborn noted that certain MEWA SUPPLEMENTARY INFORMATION: Established or Maintained Pursuant to operators had been successful in Collective Bargaining Agreements A. Background thwarting timely investigations and Under Section 3(40) (A) Notice is hereby given of a proposed enforcement activities of state agencies regulation under section 3(40) of ERISA, by asserting that such entities were AGENCY: Pension and Welfare Benefits 29 U.S.C. 1002(40). Section 3(40)(A) ERISA plans exempt from state Administration, Department of Labor. defines the term multiple employer regulation by the terms of section 514 of ACTION: Notice of proposed rulemaking. welfare arrangement (MEWA) in ERISA. The goal of the bill, according to pertinent part as follows: Congressman Erlenborn, was to remove SUMMARY: This document contains a ‘‘any potential obstacle that might exist proposed regulation under the The term ‘‘multiple employer welfare under current law which could hinder Employee Retirement Income Security arrangement’’ means an employee welfare the ability of the States to regulate benefit plan, or any other arrangement (other Act of 1974, as amended, 29 U.S.C. multiple employer welfare arrangements 1001–1461 (ERISA or the Act), setting than an employee welfare benefit plan), which is established or maintained for the to assure the financial soundness and forth specific criteria that must be met purpose of offering or providing any benefit timely payment of benefits under such in order for the Secretary of Labor (the described in paragraph (1) [of section 3 of the arrangements.’’ Id. This concern was Secretary) to find that an agreement is Act] to the employees of two or more also expressed by the Committee on a collective bargaining agreement for employers (including one or more self- Education and Labor in the Activity purposes of this section. The proposed employed individuals), or to their Report of the Pension Task Force (94th regulation also sets forth criteria for beneficiaries, except that such term does not Congress, 2d Session, 1977) cited by determining when an employee benefit include any such plan or other arrangement Congressman Erlenborn: which is established or maintained— plan is established or maintained under It has come to our attention, through the or pursuant to such an agreement. (i) under or pursuant to one or more agreements which the Secretary finds to be good offices of the National Association of Employee benefit plans that meet the collective bargaining agreements * * *. State Insurance Commissioners, that certain requirements of the proposed regulation entrepreneurs have undertaken to market are excluded from the definition of This provision was added to ERISA insurance products to employers and ‘‘multiple employer welfare by the Multiple Employer Welfare employees at large, claiming these products arrangements’’ under section 3(40) of Arrangement Act of 1983, Sec. 302(b), to be ERISA covered plans. For instance, ERISA and consequently are not subject Pub. L. 97–473, 96 Stat. 2611, 2612 (29 persons whose primary interest is in the profiting from the provision of administrative to state regulation of multiple employer U.S.C. 1002(40)), which also amended section 514(b) of ERISA. Section 514(a) services are establishing insurance welfare arrangements as provided for by companies and related enterprises. The the Act. If adopted, the proposed of the Act provides that state laws entrepreneur will then argue that his regulation would affect employee which relate to employee benefit plans enterprise is an ERISA benefit plan which is welfare benefit plans, their sponsors, are generally preempted by ERISA. protected under ERISA’s preemption participants, and beneficiaries as well as Section 514(b) sets forth exceptions to provision from state regulation. service providers to plans. the general rule of section 514(a) and Id. As a result of the addition of subjects employee benefit plans that are DATES: Written comments concerning section 514(b)(6), certain state laws MEWAs to various levels of state this proposed rule must be received by regulating insurance apply to employee regulation depending on whether or not October 2, 1995. benefit plans that are MEWAs. However, the MEWA is fully insured. Sec. 302(b), ADDRESSES: Interested persons are the definition of a MEWA in section Pub. L. 97–473, 96 Stat. 2611, 2613 (29 3(40) provides that an employee benefit invited to submit written comments U.S.C. 1144(b)(6)).1 (preferably three copies) concerning the plan is not a MEWA if it is established or maintained pursuant to an agreement proposals herein to: Pension and 1 The Multiple Employer Welfare Arrangement which the Secretary finds to be a Welfare Benefits Administration, Room Act of 1983 added section 514(b)(6) which provides collective bargaining agreement. Such a N–5669, U.S. Department of Labor, 200 a limited exception to ERISA’s preemption of state insurance laws that allows states to exercise plan is therefore not subject to state Constitution Ave., N.W., Washington, regulatory authority over employee welfare benefit insurance law regulation under section DC 20210. Attention: Proposed plans that are MEWAs. Section 514(b) provides, in 514(b)(6). This exclusion is necessary to Regulation Under Section 3(40). All relevant part, that: avoid disrupting the activities of submissions will be open to public (6)(A) Notwithstanding any other provision of legitimate Taft-Hartley plans. inspection at the Public Documents this section—(i) in the case of an employee welfare benefit plan which is a multiple employer welfare Room, Pension and Welfare Benefits arrangement and is fully insured (or which is a (II) provisions to enforce such standards, and Administration, U.S. Department of multiple employer welfare arrangement subject to (ii) in the case of any other employee welfare Labor, Room N–5638, 200 Constitution an exemption under subparagraph (B)), any law of benefit plan which is a multiple employer welfare Ave., N.W., Washington, DC 20210. any State which regulates insurance may apply to arrangement, in addition to this title, any law of any such arrangement to the extent that such law State which regulates insurance may apply to the FOR FURTHER INFORMATION CONTACT: provides— extent not inconsistent with the preceding sections Mark Connor, Office of Regulations and (I) standards, requiring the maintenance of of this title. Interpretations, Pension and Welfare specified levels of reserves and specified levels of Thus an employee welfare benefit plan that is a Benefits Administration, U.S. contributions, which any such plan, or any trust MEWA remains subject to state regulation to the established under such a plan, must meet in order extent provided in section 514(b)(6)(A). MEWAs Department of Labor, Rm N–5669, 200 to be considered under such law able to pay which are not employee benefit plans are Constitution Ave., N.W., Washington, benefits in full when due, and unconditionally subject to state law. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39209 While the Multiple Employer Welfare also requires that the plan be established or maintained under or Arrangement Act of 1983 significantly ‘‘established or maintained’’ pursuant to pursuant to a collective bargaining enhanced the states’ ability to regulate such an agreement. The Department agreement as defined in § 2510.3–40(b). MEWAs, problems in this area continue believes that, in establishing the Proposed § 2510.3–40(d) provides to exist as the result of the exception for exception under section 3(40)(A)(i) of definitions of the terms ‘‘employee labor collectively bargained plans contained the Act, Congress intended to organization’’ and ‘‘supervisors and in the 1983 amendments. This accommodate only those plans managers’’ for purposes of this section. exception is now being exploited by established or maintained to provide Proposed § 2510.3–40(e) explains that a some MEWA operators who, through benefits to bargaining unit employees on plan does not satisfy the requirements of the use of sham unions and collective whose behalf the plans where this section if the plan or any entity bargaining agreements, market collectively bargained. For this reason, associated with the plan (such as the fraudulent insurance schemes under the the Department believes that the employee labor organization or the guise of collectively bargained welfare exception under section 3(40)(A)(i) employer) fails or refuses to comply plans exempt from state insurance should be limited to plans providing with the requests of a state or state regulation.2 Another problem in this coverage primarily to those individuals agency with respect to any documents area involves the use of collectively covered under collective bargaining or other evidence in its possession or bargained arrangements as vehicles for agreements. Accordingly, the criteria in control that are necessary to make a marketing health care coverage the proposed regulation relating to determination concerning the extent to nationwide to employees and employers whether a plan or other arrangement which the plan is subject to state with no relationship to the bargaining qualifies as ‘‘established or maintained’’ insurance law. Proposed § 2510.3–40(f) process or the underlying agreement. is intended to ensure that the statutory provides that, in a proceeding brought The Department believes that exception is only available to plans by a state or state agency to enforce the regulatory guidance in this area is whose participant base is predominately insurance laws of the state, nothing in necessary to ensure that (1) state comprised of the bargaining unit the proposed regulation shall be insurance regulators have ascertainable employees on whose behalf such construed to prohibit allocation of the guidelines to help identify and regulate benefits were negotiated. burden of proving the existence of all MEWAs operating in their jurisdiction The proposed regulation would, upon the criteria required by this section to and (2) sponsors of employee health adoption, constitute the Secretary’s the entity seeking to be treated as other benefit programs will be able to finding for purposes of determining than a MEWA. determine independently whether their whether an agreement is a collective Under the proposed regulation, a plan plans are established or maintained bargaining agreement pursuant to that fails to meet the applicable criteria pursuant to collective bargaining section (3(40) of the Act. The would be a MEWA and thus subject to agreements for purposes of section Department does not intend to make state insurance laws as provided in 3(40)(A) without imposing the individual findings or determinations section 514(b)(6) of ERISA. additional burden of having to apply to concerning an entity’s compliance with Each subsection of the proposed the Secretary for an individual finding.3 the proposed regulation. The criteria regulation is described in detail below. The proposed regulation first contained in the proposed regulation are 1. General Rule and Scope establishes specific criteria that the designed to enable entities and state insurance regulatory agencies to Secretary finds must be present in order Proposed regulation 29 CFR 2510.3– determine whether the requirements of for an agreement to be a collection 40 establishes criteria which must be the statute are met. Under the proposed bargaining agreement for purposes of met for a plan to be established or regulation, entities seeking to comply section 3(40) and, second, establishes maintained under or pursuant to one or with these criteria must, upon request, certain criteria applicable to more agreements which the Secretary provide documentation of their determining when an employee benefit finds to be collective bargaining compliance with the criteria to the state plan or other arrangement is established agreements for purposes of section 3(40) or state agency charged with or maintained under or pursuant to such of the Act. The proposed regulation is investigating and enforcing state an agreement for purposes of section not intended to apply to or affect any insurance laws. 3(40). In this regard, the Department other provision of federal law.4 notes that section 3(40) not only B. Description of the Proposal In the Department’s view, the requires the existence of a bona fide Proposed § 2510.3–40(a) follows the exclusion of collectively bargained collective bargaining agreement, but language of section 3(40)(A) of the Act plans or other arrangements from the and states that the term multiple definition of a MEWA in section 2 In addition, the Department has received employer welfare arrangement does not 3(40)(A) is an exception to the general requests to make individual determinations statutory rule. Thus the entity asserting concerning the status of particular plans under include an employee welfare benefit section 3(40). See, e.g., Ocean Breeze Festival Park plan which is established or maintained the applicability of the provisions v. Reich, 853 F. Supp. 906, 910 (1994) (denying under or pursuant to one or more concerning collectively bargained plans motion for mandamus and granting leave to amend agreements which the Secretary finds to complaint), summary judgement granted sub nom. 4 The Department notes that section 3(40) of Virginia Beach Policemen’s Benevolent Association, be collective bargaining agreements. ERISA is not the only provision that provides et al., v. Reich, 881 F. Supp. 1059 (E.D.Va. 1995); Proposed § 2510.3–40(b) provides special rules to be applied to agreements that the Amalgamated Local Union No. 355 v. Gallagher, criteria which the Secretary finds to be Secretary finds to be collectively bargained. For No. 91 CIV 0193(RR) (E.D.N.Y. April 15, 1991). essential for an agreement to be example, sections 404(a)(1) (B) and (C) of the 3 It is the Department’s position that the language Internal Revenue Code (Code) provide special rules of section 3(40) of ERISA does not require the collectively bargained for purposes of to determine the maximum amount of deductible Secretary to make individual findings that specific section 3(40)(A) of the Act. Proposed contributions in the case of amendments to plans agreements are collective bargaining agreements. § 2510.3–40(c) sets forth requirements that the Secretary of Labor finds to be collectively Moreover, a district court recently found that the concerning individuals covered by the bargained. In addition, Code sections 410(b)(3) and Secretary has no ‘‘statutory responsibility’’ to make 413(a) exclude from minimum coverage individualized findings. Virginia Beach employee welfare benefit plan that must requirements certain employees covered by an Policeman’s Benevolent Association v. Reich, 881 F. be satisfied in order for an employee agreement that the Secretary finds to be a collective Supp. 1059, 1069–70 (E.D.Va. 1995). welfare benefit plan to be considered bargaining agreement. 39210 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules in section 3(40) has the burden of and providing that the collective three groups of individuals may providing evidence of compliance with bargaining agreement will terminate participate in the plan but are not the conditions of the statutory exception upon the initiation of a strike, often counted in determining the total and the criteria set forth in the proposed called ‘‘no strike’’ provisions, will not number of individuals covered by the regulation.5 Accordingly, if an entity’s fail to satisfy the proposed regulation plan for purposes of calculating the 85% status as established or maintained solely by reason of such provisions. limitation: (1) Present or former pursuant to one or more agreements Proposed § 2510.3–40(b)(6) requires employees of the plan or of a related which satisfy the criteria of the that a collective bargaining agreement plan established or maintained pursuant proposed regulation is challenged by a may not provide for termination of the to the same collective bargaining state or state agency, the entity seeking agreement solely as a result of the agreement; (2) present or former to be treated as other than a MEWA failure to make contributions to the employees of the employee labor must produce sufficient evidence to plan. Proposed § 2510.3–40(b)(7) organization as defined in paragraph establish that all of the requirements of provides that an agreement will not (d)(1) that is a signatory to the collective the proposed regulation have been met.6 constitute a collective bargaining bargaining agreement pursuant to which the plan is maintained, and (3) 2. Definition of a Collective Bargaining agreement under this section if, in beneficiaries of individuals in groups (1) Agreement addition to the provision of health coverage, the agreement encompasses and (2). Proposed § 2510.3–40(b) establishes only the minimum requirements For purposes of the proposed criteria that an agreement must meet in mandated by law with respect to the regulation, the term ‘‘former employee’’ order to be a collective bargaining terms and conditions of employment is limited to individuals who are agreement for purposes of this section. (e.g., minimum wage and workers’ receiving workers’ compensation or An agreement constitutes a collective compensation). The phrase ‘‘terms and disability benefits, continuation bargaining agreement only if the conditions of employment’’ as used in coverage pursuant to the Consolidated agreement is in writing and is executed the proposed regulation is intended to Omnibus Budget Reconciliation Act by or on behalf of an employer of have the same meaning and application (COBRA) (Part 6 of title I of ERISA, 29 employees described in § 2510.3– as in case law decided under the U.S.C. §§ 1161–1168), or who have 40(c)(1) and by representatives of an National Labor Relations Act, 29 U.S.C. retired or separated from employment employee labor organization meeting § 151 et seq. (NLRA), and would include after working for more than 1000 hours the requirements of § 2510.3–40(d)(1). In wages, hours of work and other matters a year for at least three years for a addition, the agreement must also be the of employment such as grievance signatory employer or employee result of good faith, arms-length procedures and seniority rights. For organization, or the plan or related plan. bargaining binding signatory employers purposes of this section, the expiration For purposes of paragraph (c)(4), to be and the employee labor organization to of a collective bargaining agreement will considered an employee of the plan, a the terms of the agreement for a not in and of itself prevent the related plan, or the signatory employee specified project or period of time, and agreement from satisfying the labor organization, an individual must the agreement must be one which requirements under the proposed work a least (A) 15 hours a week or 60 cannot be unilaterally amended or regulation if the agreement, although hours a month during the period of terminated. The Department notes that expired, continues in force. coverage under the plan, or (B) have agreements in which an employer worked at least 1000 hours in the last adopts all provisions of an existing 3. Plans Established or Maintained year and currently be on bona fide leave agreement binding an employer and an The proposed regulation also based on sickness or disability of the employee labor organization to the establishes certain criteria to determine individual or the individual’s family or terms and conditions of a collective when a plan is established or on earned vacation time. bargaining agreement, such as a pattern maintained under or pursuant to one or The proposed regulation requires that agreement, will not fail to satisfy the more collective bargaining agreements the plan satisfy the 85% limitation on requirements of proposed § 2510.3– for purposes of section 3(40). Proposed the last day of each of the previous five 40(b) if the original agreement as § 2510.3–40(c) provides that in calendar quarters unless the plan has initially adopted satisfied the situations where a plan covers both not been in existence for five calendar requirements of this section. The individuals who are members of a group quarters. If the plan or other Department has also determined that or bargaining unit represented by an arrangement has been in existence for a collective bargaining agreements employee labor organization as defined shorter period of time, it must satisfy containing an agreement not to strike in proposed § 2510.3–40(d)(1) as well as the 85% limitation on the last day of other individuals, the plan will not be each calendar quarter during which it 5 2A Sutherland Statutory Construction § 47.11 considered to be established or has been in existence. (Norman J. Singer ed. 5th ed. 1992); United States maintained pursuant to one or more Through the requirement that no less v. First City National Bank of Houston, 386 U.S. than 85% of individuals covered by the 361, 366 (1967) (burden of establishing applicability collective bargaining agreements unless of statutory exception is on entity that asserts it); no less than 85% of the individuals plan be present or former bargaining Federal Trade Commission v. Morton Salt Co., 334 covered by the plan are present or U.S. 37, 44–45 (1948) (‘‘First, the general rule of certain former employees and their requirements of section 3(1) of ERISA in order to statutory construction [is] that the burden of be an employee welfare benefit plan covered by the proving justification or exemption under a special beneficiaries, excluding supervisors and Act. Section 3(1) provides that status as an ERISA exception to the prohibitions of a statute generally managers as defined in paragraph (d)(2), covered plan is dependent on the composition and rests on one who claims its benefits * * *.’’) who are currently or who were attributes of the participant base as well as the 6 See Donovan v. Cunningham, 716 F. 2d 1455, previously covered by a collective characteristics of the employer and employee 1467–68 n.27 (5th Cir. 1983) (citing Securities and 7 organization. See, e.g., Bell v. Employee Security Exchange Commission v. Ralston Purina Co., 346 bargaining agreement. In addition, Benefits Association, 437 F. Supp. 382 (1977); U.S. 119, 126 (1953), ‘‘As the Supreme Court has Advisory Opinion 93–32 (letter to Mr. Kevin Long, observed in a different context, it seems ‘fair and 7 Although the proposed regulation itself does not December 16, 1993); Advisory Opinion 85–03A reasonable’ to place the burden of proof upon a impose any specific restrictions concerning (letter to Mr. James Ray, January 15, 1985); party who seeks to bring his conduct within a individuals who may be included in the 15%, the Advisory Opinion 77–59 (letter to Mr. William statutory exception to a broad remedial scheme.’’) entity as a whole must comply with the Hager, August 26, 1977). Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39211 unit members, the proposed regulation organization includes taking an active supervisor or manager, an individual intends to treat as MEWAs arrangements part in organizing an employee must be able to use independent that permit individuals to participate in organization or committee to represent judgment in the exercise of authority, an employee welfare benefit plan solely employees; bringing pressure upon responsibility, and power, and that as a result of membership or affiliation employees to join an employee exercise must be more than a routine or with an entity and not as a result of the organization; improperly favoring one of clerical function. two or more employee organizations individuals being legitimately 6. Failure To Provide Documents represented in collective bargaining by that are competing to represent a bona fide employee labor employees; or otherwise unlawfully The proposed regulation provides that organization.8 The Department believes promoting or assisting in the formation even if a plan meets the requirements of that the 85% limitation in the proposed or operation of the employee subsections 2510.3–40 (b) and (c) of this regulation is consistent with the organization. section, it will not be considered to be purpose of the statutory exception in Under proposed § 2510.3–40(d)(1)(ii), established or maintained pursuant to section 3(40)(A)(i) of ERISA for an employee labor organization must an agreement that the Secretary finds to employee welfare benefit plans which operate for a substantial purpose other be a collective bargaining agreement if are established or maintained as the than that of offering or providing health an entity, plan, employee labor result of collective bargaining on behalf coverage. Proposed § 2510.3– organization or employer which is a of employees concerning the terms and 40(d)(1)(iii) states that an employee party to the agreement fails or refuses to conditions of their employment. To the labor organization may not pay provide documents or evidence in its extent that the Department’s position as commissions, fees, or bonuses to possession or control to a state or state indicated in Advisory Opinion 9106A individuals other than full-time agency which reasonably requests (January 15, 1991) to Gerald Grimes, employees of the employee labor documents or evidence in order to Oklahoma Insurance Commissioner organization in connection with the determine the status of any entity either (concerning a trust that provided health solicitation of employers or participants under the proposed regulation or under care and other benefits to ‘‘associate with regard to a collectively bargained state insurance laws. While the members’’ of a labor organization who plan. In addition, under subsection proposed regulation enumerates criteria were not represented by the (d)(1)(iv), the term ‘‘employee labor designed to enable entities to determine organization in collective bargaining), organization’’ does not include an whether the requirements of the statute are met, the Department intends that, appears to express a different position, organization that utilizes the services of when requested to do so, entities will it would be superseded by the adoption licensed insurance agents or brokers for provide documentation of their of a final regulation that incorporates soliciting employers or participants in compliance with the criteria to the state this requirement. connection with a collectively bargained plan. Proposed § 2510.3–40(d)(1)(v) or state agency charged with 4. Definition of Employee Labor requires an employee labor organization investigating and enforcing state Organization to be a ‘‘labor organization’’ as defined insurance laws. An entity seeking to be Proposed § 2510.3–40(d)(1) defines in section 3(i) of the Labor-Management treated as other than a MEWA under the the term ‘‘employee labor organization’’ Reporting and Disclosure Act, 29 U.S.C. provisions of the proposed regulation for purposes of this section. Proposed 402(i). Proposed § 2510.3–40(d)(1)(vi) has the burden of producing sufficient § 2510.3–40(d)(1)(i) provides that, with also requires an employee labor documents and other evidence to prove respect to a particular collective organization to qualify as a tax-exempt that it meets the criteria of the proposed bargaining agreement, an employee labor organization under section regulation and is therefore entitled to labor organization must represent the 501(c)(5) of the Internal Revenue Code application of the statutory exemption employees of each signatory employer of 1986. It is the view of the Department from the definition of a MEWA. The Department anticipates that states in one of two ways. All of a signatory that these criteria are necessary to or state agencies, including any employer’s bargaining units covered by distinguish organizations that provide commission, board or committee the collective bargaining agreement benefits through legitimate employee charged with investigating and must either be certified by the National representation from organizations that enforcing state insurance laws, will Labor Relations Board, or the employee are primarily in the business of marketing commercial insurance utilize existing jurisdiction under state labor organization must be lawfully products. laws to require the production of recognized by the signatory employer as documents and other evidence. Where the exclusive representative for the 5. Supervisors and Managers the entity’s compliance with the criteria employer’s bargaining unit employees Proposed § 2510.3–40(d)(2) defines of the proposed regulation is disputed covered by the collective bargaining the terms ‘‘supervisors and managers’’ by a state or state agency, the agreement. Such representation must for purposes of this section. Proposed Department expects that the state or take place without employer § 2510.3–40(d)(2) defines as state agency will use its existing interference or domination. For ‘‘supervisors and managers’’ those authority under state law to bring the purposes of the proposed regulation, employees of a signatory employer to a matter before the appropriate state employer interference or domination in collective bargaining agreement who, adjudicatory body to determine the the formation, administration, or acting on behalf of the employer, have facts. The proposed regulation does not operation of the employee labor the authority to hire, transfer, suspend, restrict the authority of the state or state layoff, recall, promote, discharge, 8 A number of instances have been brought to the agency to reinvestigate the entity at any Department’s attention where entities have assign, reward, or discipline other time if it believes the entity is not in attempted to utilize purported collective bargaining employees, or who have responsibility compliance with the proposed agreements as a basis for marketing insurance to direct other employees or to adjust regulation or with state laws. coverage, generally under the guise of ‘‘associate their grievances, or who have power to membership,’’ to non-bargaining unit individuals 7. Allocation of Burden of Proof and unrelated employers. See, e.g., Empire Blue make effective recommendations Cross and Blue Shield v. Consolidated Welfare, 830 concerning any of the actions described The proposed regulation provides F. Supp. 170 (E.D.N.Y. 1993). above. In order to be considered a that, in a proceeding brought by a state 39212 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules or a state agency to enforce the proposed regulation is available. No majority of the recordkeeping may be insurance laws of the state, nothing in small governmental jurisdictions will be handled by clerical staff. the proposed regulation shall be read or affected. It is estimated that a (5) No federal rules have been construed to prohibit the allocation of substantial number of small businesses identified that duplicate overlap or the burden of proving the existence of and organizations will be affected, due conflict with the proposed rule. all criteria required by this section to to the fact that it is precisely those (6) No significant alternatives which the entity seeking to be treated as other entities, seeking group health care would minimize the impact on small than a MEWA. The proposed regulation coverage, that are most harmed by entities have been identified. The enumerates criteria designed to enable unscrupulous entrepreneurs who proposed regulation is less costly in entities to determine whether the purport to provide employee health comparison with the alternative requirements of the statute are met. benefits. In a report entitled ‘‘Employee methods of determining compliance However, as discussed in paragraph 1. Benefits: States Need Labor’s Help with section 3(40), such as case-by-case General Rule and Scope, supra, the Regulating Multiple Employer Welfare analysis by PWBA of each employee Department believes that when Arrangements,’’ the United States welfare benefit plan, or litigation. The challenged, the entity asserting the General Accounting Office (GAO) costs of such alternatives would be applicability of an exception has the calculated that between January 1988 unduly burdensome on small entities. burden of providing evidence of and June 1991, fraudulent MEWAs left No federal reporting is required. Instead, compliance with each of the terms of at least 398,000 participants and their the proposed regulation would create the proposed regulation. beneficiaries with $123 million in standards by which the MEWAs may be unpaid medical claims and left many reviewed by the states. It would be Regulatory Flexibility Act other participants without the health inappropriate to create an alternative The Regulatory Flexibility Act of 1980 insurance they had paid for.9 By with lower compliance criteria, or an requires each Federal agency to perform restricting fraudulent and financially exemption under the proposed a Regulatory Flexibility Analysis for all unsound MEWAs, the proposed regulation, for small MEWAs because rules that are likely to have a significant regulation may limit the sources of those are the entities which pose a economic impact on a substantial health care coverage offered to small higher degree of risk of non- number of small entities. Small entities businesses. On the other hand, MEWAs performance due to their increased include small businesses, organizations, that either meet the section 3(40) criteria likelihood of being under-funded or and governmental jurisdictions. The or meet state regulatory standards are otherwise having inadequate reserves to Pension and Welfare Benefits less likely to demonstrate the type of meet the benefits claims submitted for Administration has determined that, if fraudulent or imprudent activity that payment. adopted, this proposed rule may have a prompted Congressional action. The Executive Order 12866 Statement significant economic impact on a GAO Report indicated that, during the substantial number of small entities. January 1988 and June 1991 period, Under Executive Order 12866 (58 FR Accordingly, as provided in section 603 more than 600 MEWAs failed to comply 51735, Oct. 4, 1993), the Department of the Regulatory Flexibility Act (5 with state insurance laws and some must determine whether the regulatory U.S.C. § 601, et seq.), the following violated criminal statutes.10 action is ‘‘significant’’ and therefore initial regulatory flexibility analysis is Consequently, small entities will receive subject to review by the Office of provided: a benefit from the reduced incidence of Management and Budget (OMB) and the (1) PWBA is considering the proposed fraud and insolvency among the pool of requirements of the Executive Order. regulation because it believes that MEWAs in the marketplace. To the Under section 3(f), the order defines a regulatory guidance in this area is extent that MEWAs themselves are ‘‘significant regulatory action’’ as an necessary to ensure (a) that state small entities, they too will be affected action that is likely to result in a rule insurance regulators have ascertainable by the proposed regulation. (1) having an annual effect on the guidelines to help identify and regulate (4) No identical reporting or economy of $100 million or more, or MEWAs operating in their jurisdictions, recordkeeping is required under the adversely and materially affecting a and (b) that sponsors of employee proposed rule. However, this regulation sector of the economy, productivity, welfare benefit plans will be able to clarifies the information that must be competition, jobs, the environment, determine independently whether their provided upon request to state public health or safety, or State, local or plans are expected plans under section authorities by those MEWAs wishing to tribal governments or communities (also 3(40)(A) of ERISA. A more detailed take advantage of the exception under referred to as ‘‘economically discussion of the agency’s reasoning for section 3(40)(A) of ERISA. The significant’’); (2) creating a serious issuing the proposed regulation is found information to be provided will vary inconsistency or otherwise interfering in the Background section, above. depending upon the entity involved but with an action taken or planned by (2) The objective of the proposed will include a written collective another agency; (3) materially altering regulation is to provide guidance on the bargaining agreement and records on the the budgetary impacts of entitlement, application of an exception to the individual covered by the plan for at grants, user fees, or loan programs or the definition of the term ‘‘multiple least the last five calendar quarters. rights and obligations of recipients employer welfare arrangement’’ Such information is routinely prepared thereof; or (4) raising novel legal or (MEWA) which is found in section 3(40) and held in the ordinary course of policy issues arising out of legal of ERISA and applies to certain business under current law by most mandates, the President’s priorities, or employee welfare benefit plans. The small entities. It is anticipated that the the principles set forth in the Executive legal basis for the proposed regulation is preparation of some of these documents Order. found at ERISA section 3(40) (23 U.S.C. would require the professional skills of Pursuant to the terms of the Executive 1002(40)); an extensive list of authority an attorney, accountant, or other health Order, the Department has determined may be found in the Statutory Authority benefit plan professional; however, the that this program creates a improved section, below. method for statutory compliance that (3) No accurate estimate of the 9 GAO/HRD–92–40 (March 1992) at 2. will reduce paperwork and regulatory number of small entities affected by the 10 Id. compliance burdens on state Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules 39213 governments, businesses, including CFR 1978 Comp. p. 275 and sec. 11018(d) of provides for more than minimum wage small businesses and organizations, and Pub. L. 99–272, 100 Stat. 82. and workers’ compensation). make better use of scarce federal Section 2510.3–102 is also issued under (c) Established or Maintained. An resources, in accord with the mandates sec. 102 of Reorganization Plan No. 4 of 1978, employee benefit plan is not established 43 FR 47713, 3 CFR 1978 Comp., p. 332, or maintained under or pursuant to one of the Paperwork Reduction Act, the effective under E.O. 12108, 44 FR 1065, 3 Regulatory Flexibility Act, and the CFR comp., p. 275. or more collective bargaining President’s priorities. The Department agreements for purposes of section believes this notice is ‘‘significant’’ 2. Part 2510 is amended by adding 3(40)(A) of the Act unless not less than under category (4), supra, and subject to new § 2510.3–40 to read: 85 percent of the individuals covered by OMB review on that basis. § 2510.3±40 Plans established or the plan are— (1) employees, excluding supervisors Paperwork Reduction Act maintained pursuant to one or more collective bargaining agreements. and managers, currently included in one The proposed regulation does not (a) General. Section 3(40)(A) of the or more groups or bargaining units of contain any information collection or Employee Retirement Income Security employees covered by one or more recordkeeping requirements as those Act of 1974 (the Act) provides that the collective bargaining agreements as terms are defined under the Paperwork term ‘‘multiple employer welfare defined in paragraph (b) of this section Reduction Act because the information arrangement’’ (MEWA) does not include which expressly refer to the plan and to be provided on request to state an employee welfare benefit plan or provide for contributions thereto; or (2) persons who were formerly authorities will vary in each instance other arrangement which is established employees described in paragraph (c)(1) depending on the entity involved. or maintained under or pursuant to one of this section who are receiving Consequently, there is no requirement or more agreements which the Secretary workers’ compensation or disability that the entities comply with identical of Labor (the Secretary) finds to be a benefits, COBRA continuation coverage reporting or recordkeeping collective bargaining agreement(s). The pursuant to Part 6 of title I of ERISA, 29 requirements. 5 CFR 1320.7(c). Thus, purposes of the proposed regulation are U.S.C. 1161–1168, or who have retired the proposed regulation imposes no to establish specific criteria that the or separated from employment after additional federal paperwork burden Secretary finds must be met for an working more than 1,000 hours a year and the Paperwork Reduction Act does agreement to be a collective bargaining not apply. for at least three years; or agreement and to establish criteria for (3) beneficiaries of individuals Statutory Authority determining when an employee benefit included in paragraphs (c) (1) and (2) of plan is established or maintained this section. This regulation is proposed pursuant pursuant to such an agreement. to section 3(40) of ERISA (Pub. L. 97– (4) For purposes of this subsection, (b) Collective Bargaining Agreement. the following individuals covered by the 473, 96 Stat. 2611, 2612, 29 U.S.C. The Secretary finds, for purposes of 1002(40)) and section 505 (Pub. L. 93– plan or other arrangement shall not be section 3(40)(A) of the Act, that an counted in determining the total 406, 88 Stat. 892, 894, 29 U.S.C. 1135) agreement constitutes a collective of ERISA and under Secretary of Labor’s number of individuals covered by the bargaining agreement only if the plan— Order No. 1–87, 52 FR 13139, April 21, agreement— 1987. (i) employees of the plan or another (1) is in writing; plan established or maintained pursuant List of Subjects in 29 CFR Part 2510 (2) is executed by, or on behalf of, an to the same collective bargaining employer of employees represented by agreement(s); Employee benefit plans, Employee an employee labor organization; Retirement Income Security Act, (ii) employees of an employee labor (3) is executed by an employee labor organization that meets the Pension and Welfare Benefit organization; Administration. requirements of paragraph (d)(1) of this (4) is the product of good faith, arms- section and that is a signatory to the Proposed Regulation length bargaining between one or more collective bargaining agreement(s) employers and an employee labor For the reasons set out in the pursuant to which the plan is organization or uniformly incorporates preamble, the Department proposes to maintained; and binds one or more employers and amend Part 2510 of Chapter XXV of (iii) persons who were formerly an employee labor organization to the Title 29 of the Code of Federal employees described in paragraphs terms and conditions of another Regulations as follows: (c)(4) (i) and (ii) of this section who are agreement which as originally receiving workers’ compensation or PART 2510Ð[AMENDED] negotiated and adopted satisfies the disability benefits, COBRA continuation requirements of this section; coverage pursuant to part 6 of title I of 1. The authority for Part 2510 is (5) binds signatory employers and the ERISA, 29 U.S.C. 1161–1168, or who revised to read: employee labor organization to the have retired or separated from Authority: Secs. 3(2), 111(c), 505, Pub. L. terms of the agreement for a specified employment after working more than 93–406, 88 Stat. 852, 894 (29 U.S.C. 1002(2), project or period of time, cannot be 1,000 hours a year for at least three 1031, 1135); Secretary of Labor’s Order No. unilaterally amended or terminated and years; or 27–74, 1–86 (51 FR 3521, January 28, 1986), contains procedures for amending the (iv) beneficiaries of individuals 1–87 (52 FR 13139, April 21, 1987), and terms and conditions of the agreement; included in paragraphs (c)(4) (i), (ii) and Labor Management Services Administration (6) does not terminate solely as a (iii) of this section; Order No. 2–6. result of failure to make contributions to (v) provided that, for purposes of Section 2510.3–40 is also issued under sec. the plan; and paragraphs (c)(4) (i) and (ii) of this 3(40), Pub. L. 97–473, 96 Stat. 2611, 2612 (29 U.S.C. 1002(40)). (7) in addition to the provision of section, in order to be an employee, an Section 2510.3–101 is also issued under health coverage, provides more than the individual must work at least: sec. 102 of Reorganization Plan No. 4 of 1978, minimum requirements mandated by (A) 15 hours a week or 60 hours a 43 FR 47713, 3 CFR 1978 Comp., p. 332, law with respect to the terms and month during the period of coverage effective under E.O. 12108, 44 FR 1065, 3 conditions of employment (e.g., under the plan, or 39214 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Proposed Rules (B) Have worked more than 1000 (ii) provides substantial as long as the exercise of the authority, hours in the last year and currently be representational services to employees responsibility and power in paragraphs on bona fide leave based on sickness or regarding the terms and conditions of (d)(2) (i), (ii) or (iii) of this section is not disability of the individual or the their employment in addition to health of a merely routine or clerical nature, individual’s family or on earned coverage; but requires the use of independent vacation time. (iii) does not pay commissions, fees, judgment. (5) For purposes of calculating or bonuses to individuals, other than (e) Failure to provide documents or whether the 85% limitation has been full-time employees of the employee other necessary evidence. This section met, a plan or other arrangement must labor organization, in connection with shall not apply to any plan or other satisfy the requirements of paragraphs the solicitation of employers or arrangement if, in conjunction with an (c) (1) through (4) of this section on the participants; investigation or proceeding by a state or last day of— (iv) does not utilize the services of state agency, the plan, arrangement, any (i) each of the previous five calendar licensed insurance agents or brokers for employee labor organization or quarters; or soliciting employers or participants; employer which is a party to the (ii) if the plan has been in existence (v) is a ‘‘labor organization’’ as agreement(s) at issue fails or refuses to for fewer than five calendar quarters, defined in section 3(i) of the Labor- provide the state or state agency with every calendar quarter during which the Management Reporting and Disclosure any document or other evidence in its plan has been in existence. Act, 29 U.S.C. section 402(i); and possession or control that is reasonably Definitions (vi) qualifies as a tax-exempt labor requested by the state or state agency for organization under section 501(c)(5) of the purpose of determining the status of (1) Employee Labor Organization. For the plan or other arrangement under purposes of this section, an ‘‘employee the Internal Revenue Code of 1986. (2) Supervisors and Managers. For state insurance laws or under this labor organization’’ shall mean an section. organization that— purposes of this section, ‘‘supervisors and managers’’ shall mean any (f) Allocation of burden of proof. In a (i) represents, with respect to a proceeding brought to enforce state particular collective bargaining employees of a signatory employer to an agreement described in paragraph (b) of insurance laws, nothing in the proposed agreement, the employees of each regulation shall be construed to prohibit signatory employer to the agreement this section who, acting in the interest of the employer, have— a state or state agency from allocating where: the burden of proving the existence of (A) All of the employer’s bargaining (i) Authority to hire, transfer, all the criteria required by this section units covered by the agreement are suspend, layoff, recall, promote, to the entity seeking to be treated as certified by the National Labor Relations discharge, assign, reward or discipline other than a MEWA. Board, or other employees; or (B) The employee labor organization (ii) Responsibility to direct other Signed at Washington, DC, this 26th day of is lawfully recognized by the signatory employees or to adjust their grievances; July 1995. employer (e.g., without employer or Olena Berg, interference or domination) as the (iii) Power to make effective Assistant Secretary, Pension and Welfare exclusive bargaining representative for recommendations concerning the Benefits Administration. the employer’s bargaining unit actions described in paragraphs (d)(2) (i) [FR Doc. 95–18749 Filed 7–27–95; 11:12 am] employees covered by the agreement; and (ii) of this section; BILLING CODE 4510±29±M federal register August 1,1995 Tuesday Rule Centers forIndependentLiving;Final 34 CFRPart366 Education Department of Part III 39215 39216 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations DEPARTMENT OF EDUCATION 100 written comments during the other changes to the NPRM made in comment period on the ANPRM, as well response to public comment. 34 CFR Part 366 as 35 oral comments during a public The Secretary also is moving to 34 meeting held on August 27, 1992. CFR part 366 two of the definitions that RIN 1820±AA81 Following the publication of the were proposed to be added to 34 CFR Centers for Independent Living ANPRM, the Secretary also solicited and part 364 in the NPRM. received input from experts in the field Analysis of Comments and Changes AGENCY: Department of Education. concerning alternative approaches to the ACTION: Final regulations. indicators. In response to the Secretary’s The major elements of six of the invitation in the NPRM, 99 parties SUMMARY: The Secretary amends the evaluation standards proposed by the submitted comments on the proposed regulations governing the Centers for U.S. Department of Education regulations. An analysis of the Independent Living (CIL) program. (Department) in the ANPRM were comments and of the changes in the These regulations are needed to codified as part of the Act by the 1992 regulations since publication of the establish indicators of minimum Amendments, which was enacted NPRM follows. General comments are compliance with the evaluation shortly after publication of the ANPRM. discussed first, followed by comments standards for centers for independent In addition, the 1992 Amendments on specific sections of the regulations. living enacted in the Rehabilitation Act requires that the Secretary publish Because the bonus point activities have of 1973 (Act), as amended by the indicators of what constitutes minimum been eliminated as part of the Rehabilitation Act Amendments of 1992 compliance with the evaluation elimination of the bonus point (1992 Amendments) and the standards under section 725(b) of the approach, comments on each of these Rehabilitation Act Amendments of 1993 Act. bonus point activities are not discussed. (1993 Amendments). On October 27, 1993, the Secretary In addition, technical and other minor EFFECTIVE DATE: These regulations take published a notice of proposed changes—and suggested changes the effect August 31, 1995. rulemaking (NPRM) in the Federal Secretary is not legally authorized to FOR FURTHER INFORMATION CONTACT: John Register (58 FR 57942) proposing to make under the applicable statutory Nelson, U.S. Department of Education, amend existing regulations for the CIL authority—are not addressed. 600 Independence Avenue, SW., Room program by establishing indicators of General Comments 3326, Mary E. Switzer Building, minimum compliance with the new Comments: One commenter expressed Washington, DC 20202–2741. evaluation standards. On December 21, concern that the proposed regulations Telephone or TDD: (202) 205–9362. 1993 (58 FR 67383), the Secretary did not include or mention assistive extended the comment period on the SUPPLEMENTARY INFORMATION: The CIL technology services and devices. This NPRM to coincide with the comment program supports the planning for and commenter recommended that centers period on the proposed regulations establishing, conducting, demonstrate how these services and implementing other changes to Title VII administrating, assisting, and evaluating devices are provided. of centers. These regulations add a new of the Act. The major issues related to Discussion: Although a center may subpart G to 34 CFR part 366, which the CIL program were discussed in the provide assistive services and devices to contains the regulations governing the preamble to the NPRM. a particular individual, assistive CIL program. Section 725(b) of the Act In general, the commenters agreed services and devices are not listed in the establishes evaluation standards for with the direction that the Department Act as a specific IL service that a center centers. Section 706(b) of the Act had taken. However, a significant is required to provide. Therefore, the requires the Secretary to publish number of the commenters were Secretary does not believe centers indicators of what constitutes minimum opposed to the bifurcated approach of should be required to demonstrate that compliance with the evaluation demonstrating compliance with the they have provided these services to standards. Subpart G incorporates these evaluation standards through (1) achieve minimum compliance with the evaluation standards and compliance Baseline requirements that had to be evaluation standards for the CIL indicators into the program regulations. met by all centers and (2) a selection of program. The CIL program is an important part various activities that centers could Changes: None. of the National Education Goals. This choose from to earn a minimum number Comments: Several commenters program supports the National of bonus points. Some commenters recommended that the regulations place Education Goal that, by the year 2000, believed that this approach placed small more emphasis on advocacy activities every adult American will be literate centers at a disadvantage. Another and less on service delivery. In addition, and will possess the knowledge and commenter stated that this approach some commenters recommended that skills necessary to compete in a global appeared to establish two sets of the regulations place more emphasis on economy and exercise the rights and minimum standards without outcomes and less on process. responsibilities of citizenship. establishing one absolute minimum Discussion: The Secretary believes The Rehabilitation Act Amendments standard. The Secretary agrees that the that the final regulations properly reflect of 1986, Pub. L. 99–506, required that indicators should be simplified by the emphasis on advocacy activities, the Secretary publish indicators of what eliminating the requirement that centers service delivery, and outcomes found in constitutes minimum compliance with engage in various activities within each the Act. the evaluation standards under section of the indicators to earn a minimum Changes: None. 711(e) of the Act, as it existed prior to number of bonus points to comply with Comments: None. the 1992 Amendments, Pub. L. 102–569. the evaluation standards. Therefore, in Discussion: Since publication of the The Secretary published proposed response to these and other public NPRM, the Secretary has amended 34 compliance indicators in the Federal comments, the final regulations delete CFR 75.118(a) and deleted the Register in an advance notice of the bonus point approach, including all requirement for applications for non- proposed rulemaking (ANPRM) on July of the bonus point activities. In competing continuation awards. In the 10, 1992. The Secretary received over addition, the final regulations include place of an application, an applicant for Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39217 a continuation award needs to submit ‘‘consumer service record,’’ ‘‘cross- capacity,’’ ‘‘self-help and self- only a simple performance report. disability peer counseling,’’ advocacy,’’ and ‘‘systems advocacy.’’ Changes: The Secretary has deleted all ‘‘information and referral services,’’ Discussion: The Secretary does not references to an application for a ‘‘independent living skills training,’’ believe it is necessary or useful to continuation award and substituted ‘‘individual with a significant establish definitions for these terms ‘‘annual performance report’’ in its disability,’’ ‘‘minority group,’’ ‘‘peer through regulations. The Secretary place in these final regulations. counseling,’’ ‘‘significant disability,’’ expects that States and centers will and ‘‘unserved or underserved’’ from interpret these terms in a manner that Definitions (§ 366.5) the final regulations. will provide for the efficient and proper Comments: None. Comments: Several commenters administration of this program. Discussion: Since publication of the suggested that the definition of Changes: None. NPRM, the Secretary has reviewed the ‘‘decisionmaking position’’ be clarified. final regulations for IL services Discussion: The Secretary agrees that Multi-State Centers (§ 366.62) programs (34 CFR part 366) that were this definition should be clarified by Comments: Several commenters published in the Federal Register on removing the reference to first-line and recommended that centers serving more August 15, 1994 (59 FR 41880) and second-line supervisors. The Secretary than one State or region and receiving determined that a definitions section believes that any supervisor should be funds from multiple sources be was inadvertently left out of part 366. included in the definition of reviewed for compliance with the This omission was the result of the ‘‘decisionmaking position.’’ The evaluation standards as a single center. separate publication of this subpart G, Secretary also believes that this Discussion: The Secretary agrees with which included proposed definitions definition provides flexibility for the commenters. The regulations are applicable only to part 366 but did not centers to determine who exercises silent on this issue and neither require add a definitions section to part 366. decisionmaking authority within a nor permit the Department to conduct Therefore, the Secretary is correcting center. separate reviews of a center for each this omission at this time. Changes: The Secretary has revised grant that the center receives from the Changes: The Secretary is adding a the definition of a ‘‘decisionmaking Department. The Secretary believes new ‘‘§ 366.5 What definitions apply to position’’ to clarify that any position section 706(c)(1) of the Act provides this program?’’ to 34 CFR part 366 of the within a center that carries the authority sufficient guidance on the Secretary’s final regulations for IL services to establish policy for the center is responsibility to conduct on-site programs. In addition, the Secretary is included within this definition. compliance reviews of centers and does redesignating current ‘‘§ 366.5 How are Comments: A few commenters not believe it is necessary to regulate program funds allotted?’’ as § 366.6. recommended that the proposed further on this issue. Comments: None. definition of ‘‘staff position’’ be revised Changes: None. Discussion: Since publication of the to conform with the definition of this NPRM, the Secretary has published final term established by the U.S. Department Staff Positions (§ 366.63(a)(1)) regulations for the IL services programs. of Labor (DOL). However, none of the Comments: A few commenters agreed See 59 FR 41880–41912. The Secretary commenters stated the DOL definition with the exclusion of personal care included definitions for the following or identified where this definition can assistants, readers, and interpreters from terms in those final regulations: be found. One commenter suggested the determination of a center’s ‘‘Individual with a significant that decisionmakers be included in the compliance with the requirement that disability,’’ ‘‘Minority group,’’ definition of ‘‘staff position’’ because more than 50 percent of a center’s ‘‘Significant disability,’’ and ‘‘Unserved decisionmakers are also ‘‘staff.’’ decisionmaking and staff positions be and underserved groups or Discussion: Neither the Secretary nor filled by individuals with disabilities. populations.’’ Therefore, the Secretary DOL staff consulted by ED staff is aware These commenters recommended does not believe it is necessary to repeat of a DOL definition of ‘‘staff position’’ adding van drivers to the list of those those definitions in these final or ‘‘decisionmaking position.’’ Although persons to be excluded from this regulations. In addition, the Secretary a definition exists for the term determination. A couple of commenters has determined that the proposed ‘‘employee’’ in regulations disagreed with the exclusion of personal definitions of ‘‘consumer,’’ ‘‘consumer implementing the Fair Labor Standards care assistants, readers, and interpreters service record,’’ ‘‘cross-disability peer Act, the Secretary does not believe from this determination. counseling,’’ ‘‘information and referral DOL’s definition of ‘‘employee’’ is either Discussion: The Secretary believes services,’’ ‘‘independent living skills helpful or necessary for purposes of this that a center should have the option of training,’’ and ‘‘peer counseling’’ are indicator. Nevertheless, nothing in the excluding drivers, as well as unnecessary. The Secretary does not definition of ‘‘staff position’’ in the final interpreters, personal assistants, and believe it is necessary or useful to regulations is inconsistent with DOL’s readers, from the determination of a establish definitions for these terms definition of ‘‘employee.’’ The Secretary center’s compliance with this provision. through regulations. The Secretary does not agree that decisionmakers Changes: The Secretary has added expects that States and centers will should be included as ‘‘staff’’ for drivers to § 366.63(a)(1)(ii) of the final interpret these terms in a manner that purposes of this indicator because this regulations and given a center the will provide for the efficient and proper would create an unnecessary overlap option of excluding drivers, interpreters, administration of this program. between the meaning of the terms ‘‘staff personal assistants, and readers from the However, comments on requirements position’’ and ‘‘decisionmaking determination of the center’s related to the terms ‘‘decisionmaking position.’’ compliance with this requirement. position’’ and ‘‘staff position’’ indicate Changes: None. Comments: Several commenters did that definitions of these terms will assist Comments: Several commenters not understand or disagreed with the centers in determining how to comply recommended additional definitions for proposed use of total number of hours with these requirements. the following terms: ‘‘increasing and worked by paid employees to determine Changes: The Secretary has deleted improving community options,’’ a center’s compliance with the the definitions of ‘‘consumer,’’ ‘‘increasing and improving community requirement that more than 50 percent 39218 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations of a center’s decisionmaking and staff be filled by individuals with a center to include employees on positions must be filled by individuals disabilities. Several commenters unpaid family or maternity leave for with disabilities. One commenter stated recommended that the relevant period determining its compliance with the 50 that this approach would be be the six-month period preceding the percent requirement. A center must burdensome and would require application date because data collected include in this determination its unnecessary reporting and during the six-month period preceding employees who are on unpaid family or recordkeeping. A couple of commenters the end of the project year would be maternity leave during the six-month suggested that only ‘‘positions’’ be more reliable. A couple of commenters period. considered to determine compliance suggested that the relevant period be the with this requirement and that the 12-month period preceding the Self-Help and Self-Advocacy positions must be based on 40 full-time application date. Comments: None. equivalent (FTE) hours per week. Discussion: The Secretary agrees with Discussion: Pursuant to the NPRM, a Another commenter questioned whether the commenters that the three-month center would have been required to the total number of hours worked will period is too short and that the six- provide evidence that it established be determined using expected or actual month period preceding the end of the written policies for promoting self-help number of hours worked. reporting period is the least burdensome and self-advocacy among individuals Discussion: The Secretary does not timeframe for a center to gather with significant disabilities. Since agree that this requirement is information concerning its paid publication of the NPRM, the Secretary burdensome or will require unnecessary employees. The Secretary also agrees has reviewed this section and reporting and recordkeeping. Centers that data collected during the six-month determined that whether or not a center already are required to maintain records period preceding the end of the project has written policies is unimportant if of the number of hours their paid year will be more reliable than the the center actually promotes self-help employees work each week. Using the three-month period proposed in the and self-advocacy among individuals number of hours worked to determine NPRM. with significant disabilities. compliance with the greater than 50 In addition, the NPRM was published Changes: The Secretary has deleted percent staffing requirement would not before the Department eliminated the the requirement for written policies require additional recordkeeping. In need for grantees to submit applications from the final regulations. addition, the Secretary believes that for non-competing continuation awards. Development of Peer Relationships and overtime hours should be excluded from Grantees are now required only to this determination because extra hours submit an annual performance report Peer Role Models (§ 366.63(3)(iii)) worked by individual employees could that demonstrates their compliance with Comments: One commenter stated produce a distorted representation of a statutory and regulatory requirements that the use of individuals with center’s work force. Also, centers with and the terms of the grant award. The significant disabilities as instructors is equal numbers of staff who are final regulations reflect this change by more effective than written policies and individuals with significant disabilities eliminating any reference to procedures. and who are not individuals with continuation applications and referring Discussion: The Secretary agrees that significant disabilities might simply instead to annual performance reports. written policies are unimportant if the assign overtime to their staff who are Changes: The Secretary has changed center actually promotes the individuals with significant disabilities the period of consideration in development of peer relationships and to comply with the greater than 50 § 366.63(a)(1)(iii) of the final regulations peer role models among individuals percent staffing requirement. Excluding from the three-month period preceding with significant disabilities. However, overtime will simplify the calculation the date the center submits its the Secretary also believes that the that a center needs to make to comply continuation application to the last six development of peer relationships and with this requirement. months of the period covered by the peer role models among individuals Finally, the Secretary believes that center’s most recent annual performance with significant disabilities can be only those hours for which an employee report. accomplished in a variety of ways and is compensated should be considered to Comments: A couple of commenters does not believe it is necessary to determine compliance with the greater recommended that individuals who are require a center to use individuals with than 50 percent staffing requirement on family or maternity leave be counted significant disabilities as instructors to because of the difficulty in determining during the three-month period meet this requirement. the number of extra hours an employee preceding the application date to Changes: The Secretary has deleted may have worked for which the determine a center’s compliance with the requirement for written policies employee was not compensated. the 50 percent requirement. from the final regulations. Changes: The Secretary has revised Discussion: The Secretary agrees that § 366.63(a)(1)(iii) to exclude overtime an individual who is on unpaid family Equal Access (§ 366.63(a)(4)) and from the determination of a center’s or maternity leave during any or all of Provision of Services on a Cross- compliance with this requirement. In the six-month period should be Disability Basis (§ 366.63(b)(1)) addition, the Secretary has revised this included in this determination. Comments: Some commenters provision to include only those hours Compliance with the 50 percent recommended that the proposed for which an employee is actually paid requirement should not be affected just regulations be clarified to permit centers in determining a center’s compliance because an employee of a center is on to provide services or programs that are with this requirement. unpaid family or maternity leave during targeted or limited to persons with a Comments: Several commenters this six-month period. In making its single type of disability (e.g., disagreed with the proposed use of the determination, a center will use the individuals who are blind or deaf). three-month period preceding the number of weekly hours worked by an Discussion: The 1992 Amendments application date to determine a center’s employee prior to going on unpaid require that centers receiving funds compliance with the requirement that family or maternity leave. under Title VII of the Act provide IL more than 50 percent of a center’s Changes: The Secretary has added services to individuals with significant decisionmaking and staff positions must language to § 366.63(a)(1)(iii) to permit disabilities without regard to the type or Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39219 types of specific significant disabilities affirmative action to employ and believe it is appropriate to create an of the individuals or groups of advance in employment qualified irrebuttable presumption of compliance. individuals. Under the final regulations, individuals with significant disabilities, Changes: None. a center must provide the IL core nothing in Title VII requires centers Comments: One commenter services to individuals with significant receiving funds under Part C of Chapter recommended that the proposed disabilities in a manner that is neither 1 of Title VII of the Act to take regulations be clarified to ensure that all targeted nor limited to a particular type affirmative action to employ and of the core services are available to an of significant disability. In addition, a advance in employment qualified individual regardless of the individual’s center may not limit the provision of minorities. disability. Another commenter any other IL service that could be Changes: None. recommended that the proposed provided to individuals with a variety of Comments: One commenter regulations be revised to prevent a significant disabilities to individuals recommended that a center’s written center from relying on an individual’s with a particular type of significant policies and materials be available in secondary disability to comply with the disability. For example: A center may alternative formats as a means of cross-disability requirement. Another not limit the provision of personal providing equal access to individuals commenter recommended that centers assistance services to individuals who with disabilities. maintain a tracking system to ensure are blind. However, a center may limit Discussion: The Secretary agrees that that all individuals in need of IL the provision of Braille instruction to a center should make available, as services are served by the center. Discussion: The Secretary agrees that individuals who are blind. The appropriate, all of its written policies the language in the proposed regulations availability of an IL service (other than and materials in alternative formats for should be clarified to ensure that all of the IL core services) may be limited to effective communication. In addition, the core services are available to an individuals with a particular type of the Secretary believes that, as individual regardless of the individual’s significant disability only if that IL appropriate, a center should make its IL disability and to prevent a center from service is unique to the significant services available in alternative formats. relying on an individual’s disability disability of the individuals to be For example, if a center provides a list (whether ‘‘secondary’’ or otherwise) to served. of available housing units that are Whether a center may target comply with the cross-disability accessible to individuals with individuals with a particular type of requirement. By forbidding a center significant disabilities as part of its significant disability for a particular from targeting or limiting the IL core information and referral services, then type of IL service is a different question. services based on an individual’s type of the center should make this list If a center has identified individuals significant disability, the classification available, as appropriate, either orally, with a particular type of significant of an individual’s significant disability in Braille, or on tape, if the written form disability as an ‘‘unserved or as ‘‘primary’’ or ‘‘secondary’’ will be of the list prevents effective underserved group or population’’ irrelevant for purposes of providing the communication with an individual pursuant to the definition in 34 CFR IL core services and for complying with requesting the list. 364.4(b), the center may target this the cross-disability requirement. unserved or underserved group or Changes: The Secretary has added a In addition, the Secretary believes population for any IL service, including new § 366.63(a)(5) to the final that the reporting requirements and the IL core services. However, the center regulations that requires a center to recordkeeping requirements are may not limit the IL services it provides make available, as appropriate, all of its adequate to prevent discrimination on to only this group or population of written policies and materials in the basis of type of disability and to individuals with a particular type of alternative formats for effective ensure that centers provide the IL core significant disability. communication. In addition, this new services to individuals with a broad Changes: The Secretary has added provision requires a center to make range of disabilities. Therefore, the language to § 366.63(b)(1) of the final available, as appropriate, its IL services Secretary does not agree that these regulations that allows a center to in alternative formats. regulations should require centers to restrict the availability of an IL service Cross-Disability (§ 366.63(b)) maintain a tracking system as suggested (other than the IL core services) to by the commenter. individuals with a particular type of Comments: One commenter Changes: The Secretary has added significant disability if the IL service recommended that a center be able to language to § 366.63(b)(3) of the final (other than the IL core services) is comply with the cross-disability regulations to clarify that a center may unique to that significant disability of requirement by demonstrating a fairly not target or limit the IL core services to the individuals to be served. even distribution of services across a any individual or group of individuals Comments: One commenter simple majority of the Federal disability with significant disabilities based on the recommended that the proposed reporting categories. type of significant disability of the regulations include an assurance that Discussion: The Secretary agrees that individual or group of individuals. centers conduct affirmative action a center that demonstrates a fairly even programs to hire members of minority distribution of services across a simple IL Goals (§ 366.63(c)) groups. This commenter believes that majority of the Federal disability Comments: One commenter Federal laws generally require reporting categories is presumed to be in recommended that centers be required recipients of Federal funds to conduct compliance with the cross-disability to achieve a 25 percent success rate on affirmative action programs to hire requirement, if no evidence exists that the IL goals identified by consumers. members of minority groups, even the center has denied eligibility for an Another commenter stated that the though the commenter did not identify IL service to any individual with a attempt to achieve an IL goal is as any specific statute. significant disability based on the type important as achieving it. Discussion: Although section of the individual’s disability. Because Discussion: The Secretary does not 725(c)(5) of the Act requires that an other evidence may exist that a center believe it is appropriate to establish a applicant for funds under Part C of is not in compliance with this percentage that centers must attain for Chapter 1 of Title VII of the Act take requirement, the Secretary does not the achievement of IL goals developed 39220 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations by consumers. The populations served consumers of their right to develop or Comments: A few commenters by different centers may vary so widely waive the development of an ILP. recommended that centers not be that a reasonable percentage for one Comments: A few commenters responsible for removing community center may be unrealistic for another recommended that any reporting barriers or for serving as a catalyst for center. requirements be limited in scope and change in the community. One of these Changes: None. suggested that a consumer service commenters recommended that centers Comments: A few commenters stated record not be required for ‘‘casual not be evaluated on how well the that requiring a center to measure or services.’’ A couple of commenters community responds to the needs of track the achievement of IL goals by suggested that an ‘‘intake sheet’’ be individuals with disabilities. consumers is inappropriate or may be sufficient as a case service record. Discussion: Nothing in the proposed nearly impossible. Another commenter recommended that regulations required a center to remove Discussion: Any measurement of the a case service record include only the community barriers or to serve as a achievement of IL goals would require consumer’s application form and any catalyst for change in the community. uniformity to be meaningful. However, notes by the center staff member who Furthermore, nothing in the proposed IL goals and how they are achieved is works with the consumer. regulations provided that centers would not uniform. Therefore, the Secretary Discussion: The information that must be evaluated on how well the agrees that requiring a center to measure be included in a consumer service community responds to the needs of the achievement of IL goals by a record is described in 34 CFR 364.53. individuals with disabilities. However, consumer is inappropriate. However, The Secretary believes that this to the extent that a center engages in the Secretary believes that maintaining information is necessary for the proper systems advocacy, the Secretary fully records of the IL goals that consumers and efficient administration of this expects that a center will engage in believe they have achieved is program. An ‘‘intake sheet’’ or an appropriate and feasible, both for the application form and notes made by the activities that are designed to consumer and the center. center’s staff member who works with accomplish these goals. Changes: The Secretary has deleted the consumer are sufficient if they Changes: None. the requirement that a center measure include the information required by 34 Comments: One commenter the achievement of IL goals by CFR 364.53. recommended that a center’s consumers but has specified that Changes: The Secretary has added compliance with the community consumer service records meet the language to the definition of consumer options and community capacity requirements of 34 CFR 364.53. Section service record in the final regulations to indicator not be based solely on the 364.53 includes the requirements that a clarify that a consumer service record center’s activities within its service area. consumer service record include (1) the must meet the requirements of 34 CFR Discussion: Although a center may IL goals or objectives established and 364.53. engage in advocacy or other activities achieved by the consumer; and (2) that may have an impact outside of its either an IL plan or a waiver signed by Community Options and Community Capacity (§ 366.63(d)) service area, the Secretary believes that the consumer that an IL plan is a center’s performance under its Title unnecessary. Comments: One commenter stated VII grant must be assessed in terms of Comments: None. that this indicator is meaningless the beneficiaries the grant was intended Discussion: Pursuant to the NPRM, a without further explanation and to serve, i.e., the individuals within the center was required to facilitate the definitions of the required activities. center’s service area. development and achievement of IL Another commenter recommended that goals selected by individuals with these regulations require more specific Changes: None. significant disabilities who request measures of compliance. Another Comments: One commenter assistance from the center. Since commenter recommended that the term recommended that centers be required publication of the NPRM, the Secretary ‘‘community advocacy,’’ which is used to provide annual community has reviewed this section and in this provision, be defined. Another accessibility updates to help centers determined that compliance with this commenter stated that clarification is develop strategies for prioritizing the standard can best be accomplished by needed on what constitutes a center’s removal of identified community requiring a center to assess consumer service area. barriers and to document the results of satisfaction with the center’s services Discussion: The Secretary does not activities that have been completed to and policies in facilitating consumers’ believe it is necessary to define further remove those barriers. achievement of IL goals. In addition, the the activities that a center must carry Discussion: The Secretary does not Secretary believes compliance will be out to comply with this indicator. The believe that centers should be required further insured by requiring a center to Secretary believes that each center to develop strategies for prioritizing the provide this information to its governing should have flexibility in defining these removal of identified community board and the appropriate SILC. Finally, activities within the context of its own barriers. The Secretary believes it is the Secretary believes that notifying operating environment and service area. sufficient for a center to comply with consumers of their right to develop or The Secretary also expects that each the requirements already established for waive the development of an IL plan center will define its own service area this indicator. (ILP) also is important to insure and describe the area it expects to serve Changes: None. compliance with this standard. in its application for funding under this Comments: One commenter Changes: The Secretary has added a program. Finally, the Secretary believes recommended that outreach materials requirement to the final regulations that that the term ‘‘community advocacy’’ is be provided in accessible formats. a center (1) assess consumer satisfaction encompassed by the term ‘‘systems (or with the center’s services and policies systemic) advocacy,’’ which is defined Discussion: The Secretary believes in facilitating consumers’ achievement in 34 CFR 364.4(b) of the IL regulations. that new § 366.63(a)(5) will ensure that of IL goals and provide this information The IL regulations were published on a center will provide outreach materials to its governing board and the August 15, 1994 (59 FR 41880). in accessible formats. appropriate SILC; and (2) notify all Changes: None. Changes: None. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39221 IL Services (§ 366.63(e)) States and centers are eligible to apply § 366.6 [Redesignated from § 366.5] Comments: One commenter stated for grants under these regulations. The 2. Section 366.5 is redesignated as that cross-disability counseling is not a Department needs and uses the § 366.6. valid service because the commenter information to make grants. Annual 3. A new § 366.5 is added to read as believes that ‘‘peer’’ means a person public reporting burden for this follows: with a similar disability. collection of information is estimated to average 40 hours per response for 200 § 366.5 What definitions apply to this Discussion: The Secretary disagrees program? that ‘‘peer counseling’’ is limited to respondents, including the time for gathering and maintaining the data Decisionmaking position means the counseling by an individual with a executive director, any supervisory disability that is similar to the disability needed and for completing and reviewing the collection of information. position, and any other policymaking of the consumer. The Secretary believes position within the center. that an individual with a significant Intergovernmental Review Staff position means a paid non- disability may engage in peer contract position within the center that counseling for another individual with These programs are subject to the requirements of Executive Order 12372 is not included within the definition of a significant disability, regardless of the a ‘‘decisionmaking position.’’ types of significant disabilities of the and the regulations in 34 CFR part 79. two individuals. The objective of the Executive order is (Authority: 29 U.S.C. 796a(a)) Changes: None. to foster an intergovernmental 4. Part 366 is amended by adding a partnership and a strengthened Resource Development (§ 366.63(f)) new Subpart G consisting of §§ 366.60 federalism by relying on processes through 366.63 to read as follows: Comments: One commenter developed by State and local recommended that a center be rewarded governments for coordination and Subpart GÐEvaluation Standards and only for specific activities that result in review of proposed Federal financial Compliance Indicators increased funding and that automatic assistance. Sec. State appropriations not be included in In accordance with the order, this 366.60 What are project evaluation determining the success of a center’s document is intended to provide early standards? fundraising activities. notification of the Department’s specific 366.61 What are the compliance indicators? 366.62 What are the requirements for Discussion: The Secretary encourages plans and actions for this program. continuation funding? States to participate in the funding of Assessment of Educational Impact 366.63 What evidence must a center present centers. Therefore, the Secretary to demonstrate that it is in minimum believes it is appropriate to include In the notice of proposed rulemaking, compliance with the evaluation State funds in determining the success the Secretary requested comments on standards? of a center’s fundraising activities. whether the proposed regulations would Changes: None. require transmission of information that Subpart GÐEvaluation Standards and Compliance Indicators Executive Order 12866 is being gathered by or is available from any other agency or authority of the These final regulations have been § 366.60 What are the project evaluation United States. standards? reviewed in accordance with Executive Based on the response to the proposed To be eligible to receive funds under Order 12866. Under the terms of the regulations and on its own review, the this part, an applicant must agree to order the Secretary has assessed the Department has determined that the comply with the following evaluation potential costs and benefits of this regulations in this document do not standards: regulatory action. require transmission of information that (a) Evaluation standard 1— The potential costs associated with is being gathered by or is available from Philosophy. The center shall promote the final regulations are those resulting any other agency or authority of the and practice the IL philosophy of— from statutory requirements and those United States. determined by the Secretary to be (1) Consumer control of the center necessary for administering this List of Subjects in 34 CFR Part 366 regarding decisionmaking, service delivery, management, and program effectively and efficiently. Education, Grant programs—social establishment of the policy and In assessing the potential costs and programs, Vocational rehabilitation, direction of the center; benefits—both quantitative and Recordkeeping and reporting (2) Self-help and self-advocacy; qualitative—of these regulations, the requirements. Secretary has determined that the (3) Development of peer relationships benefits of the regulations justify the (Catalog of Federal Domestic Assistance and peer role models; Number 84.132—Centers for Independent (4) Equal access of individuals with costs. Living) The Secretary has also determined significant disabilities to all of the that this regulatory action does not Dated: July 26, 1995. center’s services, programs, activities, unduly interfere with State, local, and Richard W. Riley, resources, and facilities, whether tribal governments in the exercise of Secretary of Education. publicly or privately funded, without their governmental functions. The Secretary amends Part 366 of regard to the type of significant disability of the individual; and Paperwork Reduction Act of 1980 Title 34 of the Code of Federal Regulations as follows: (5) Promoting equal access of Sections 366.62 and 366.63 contain individuals with significant disabilities information collection requirements. As PART 366ÐCENTERS FOR to all services, programs, activities, required by the Paperwork Reduction INDEPENDENT LIVING resources, and facilities in society, Act of 1980, the Department of whether public or private, and Education submitted a copy of these 1. The authority citation for part 366 regardless of funding source, on the sections to the Office of Management is revised to read as follows: same basis that access is provided to and Budget (OMB) for its review. (44 Authority: 29 U.S.C. 796d–1(b) and 796f– other individuals with disabilities and U.S.C. 3504(h)). 796f–6, unless otherwise noted. to individuals without disabilities. 39222 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations (b) Evaluation standard 2—Provision subsequent year of a grant, a center (3) Development of peer relationships of services. (1) The center shall provide shall— and peer role models. The center shall IL services to individuals with a range (1) Have complied fully during the provide evidence in its most recent of significant disabilities. previous project year with all of the annual performance report that it (2) The center shall provide IL terms and conditions of its grant; promotes the development of peer services on a cross-disability basis (i.e., (2) Provide adequate evidence in its relationships and peer role models for individuals with all different types most recent annual performance report among individuals with significant of significant disabilities, including that the center is in minimum disabilities (e.g., by using individuals individuals with significant disabilities compliance with the evaluation with significant disabilities who have who are members of populations that standards in § 366.60 (Cross-reference: achieved IL goals [whether the goals are unserved or underserved by See §§ 366.50 (h) and (i) and 34 CFR were achieved independently or programs under Title VII of this Act). 75.118(a)); and through assistance and services (3) The center shall determine (3) Meet the requirements in this Part provided by a center] as instructors eligibility for IL services. The center 366. [volunteer or paid] in its training may not base eligibility on the presence (b) If a recipient receives funding for programs or as peer counselors). more than one center, each individual of any one specific significant disability. (4) Equal access. The center shall center that receives a continuation (c) Evaluation standard 3— provide evidence in its most recent award shall meet the requirements of Independent living goals. The center annual performance report that it— paragraph (a) of this section. shall facilitate the development and (i) Ensures equal access of individuals achievement of IL goals selected by (Approved by the Office of Management and with significant disabilities, including individuals with significant disabilities Budget under control number 1820–0606.) communication and physical access, to who seek assistance in the development (Authority: 29 U.S.C. 711(c), 796d–1(b), 796e, the center’s services, programs, and achievement of IL goals from the and 796f–4) activities, resources, and facilities, center. § 366.63 What evidence must a center whether publicly or privately funded. (d) Evaluation standard 4— present to demonstrate that it is in Equal access, for purposes of this Community options. The center shall minimum compliance with the evaluation paragraph, means that the same access conduct activities to increase the standards? is provided to any individual with a availability and improve the quality of (a) Compliance indicator 1— significant disability regardless of the community options for IL to facilitate Philosophy. individual’s type of significant the development and achievement of IL (1) Consumer control. disability. goals by individuals with significant (i) The center shall provide evidence (ii) Advocates for and conducts disabilities. in its most recent annual performance activities that promote the equal access (e) Evaluation standard 5— report that— to all services, programs, activities, Independent living core services. The (A) Individuals with significant resources, and facilities in society, center shall provide IL core services disabilities constitute more than 50 whether public or private, and and, as appropriate, a combination of percent of the center’s governing board; regardless of funding source, for any other IL services specified in and individuals with significant disabilities. section 7(30)(B) of the Act. (B) Individuals with disabilities (f) Evaluation standard 6—Activities Equal access, for purposes of this constitute more than 50 percent of the paragraph, means that the same access to increase community capacity. The center’s— provided to individuals without center shall conduct activities to (1) Employees in decisionmaking disabilities is provided in the center’s increase the capacity of communities positions; and within the service area of the center to (2) Employees in staff positions. service area to individuals with meet the needs of individuals with (ii) A center may exclude personal significant disabilities. significant disabilities. assistants, readers, drivers, and (5) Alternative formats. To ensure that (g) Evaluation standard 7—Resource interpreters employed by the center a center complies with § 366.63(a)(4) development activities. The center shall from the requirement in paragraph and for effective communication, a conduct resource development activities (a)(1)(B) of this section. center shall make available in to obtain funding from sources other (iii) The determination that over 50 alternative formats, as appropriate, all of than Chapter 1 of Title VII of the Act. percent of a center’s employees in its written policies and materials and IL decisionmaking and staff positions are services. (Authority: 29 U.S.C. 796f–4) individuals with disabilities must be (b) Compliance indicator 2—Provision § 366.61 What are the compliance based on the total number of hours of services on a cross-disability basis. indicators? (excluding any overtime) for which The center shall provide evidence in its (a) The compliance indicators employees are actually paid during the most recent annual performance report establish the activities that a center shall last six-month period covered by the that it— carry out to demonstrate minimum center’s most recent annual performance (1) Provides IL services to eligible compliance with the evaluation report. However, a center must include individuals or groups of individuals standards in § 366.60. in this determination its employees who without restrictions based on the (b) If a center fails to satisfy any one are on unpaid family or maternity leave particular type or types of significant of the indicators, the center is out of during this six-month period. disability of an individual or group of compliance with the evaluation (2) Self-help and self-advocacy. The individuals, unless the restricted IL standards. center shall provide evidence in its most service (other than the IL core services) (Authority: 20 U.S.C. 796d–1(b)) recent annual performance report that it is unique to the significant disability of promotes self-help and self-advocacy the individuals to be served; § 366.62 What are the requirements for among individuals with significant (2) Provides IL services to individuals continuation funding? disabilities (e.g., by conducting with a diversity of significant (a) To be eligible to receive a activities to train individuals with disabilities and individuals who are continuation award for the third or any significant disabilities in self-advocacy). members of populations that are Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39223 unserved or underserved by programs (d) Compliance indicator 4— programs, activities, resources, and under Title VII of the Act; and Community options and community facilities in the center’s service area. (3) Provides IL core services to capacity. The center shall provide (e) Compliance indicator 5—IL core individuals with significant disabilities evidence in its most recent annual services and other IL services. The in a manner that is neither targeted nor performance report that, during the center shall provide evidence in its most limited to a particular type of significant project year covered by the center’s recent annual performance report that it disability. most recent annual performance report, provides— (c) Compliance indicator 3— the center promoted the increased (1) Information and referral services to Independent living goals. (1) The center availability and improved quality of all individuals who request this type of shall provide evidence in its most recent community-based programs that serve assistance or services from the center in annual performance report that it— individuals with significant disabilities formats accessible to the individual (i) Maintains a consumer service and promoted the removal of any requesting these services; and record that meets the requirements of 34 existing architectural, attitudinal, (2) As appropriate in response to CFR 364.53 for each consumer; communication, environmental, or other requests from individuals with (ii) Facilitates the development and type of barrier that prevents the full significant disabilities who are eligible achievement of IL goals selected by integration of these individuals into for IL services from the center, the individuals with significant disabilities society. This evidence must following services: who request assistance from the center; demonstrate that the center performed (iii) Provides opportunities for (i) IL skills training. at least one activity in each of the consumers to express satisfaction with (ii) Peer counseling (including cross- following categories: the center’s services and policies in disability peer counseling). facilitating their achievement of IL goals (1) Community advocacy. (iii) Individual and systems advocacy. and provides any results to its governing (2) Technical assistance to the (iv) A combination, as appropriate, of board and the appropriate SILC; and community on making services, any two or more of the IL services (iv) Notifies all consumers of their programs, activities, resources, and defined in section 7(30)(B) of the Act. right to develop or waive the facilities in society accessible to (f) Compliance indicator 6—Resource development of an IL plan (ILP). individuals with significant disabilities. development activities. The center shall (2) The center shall provide evidence (3) Public information and education. provide evidence in its most recent in its most recent annual performance annual performance report that it has (4) Aggressive outreach to members of report that the center maintains records conducted resource development populations of individuals with on— activities within the period covered by significant disabilities that are unserved (i) The IL goals that consumers the performance report to obtain or underserved by programs under Title receiving services at the center believe funding from sources other than Chapter VII of the Act in the center’s service they have achieved; 1 of Title VII of the Act. (ii) The number of ILPs developed by area. (5) Collaboration with service (Approved by the Office of Management and consumers receiving services at the Budget under control number 1820–0606.) center; and providers, other agencies, and (iii) The number of waivers signed by organizations that could assist in (Authority: 29 U.S.C. 711(c), 796d–1(b), and 796f–4) consumers receiving services at the improving the options available for center stating that an ILP is individuals with significant disabilities [FR Doc. 95–18774 Filed 7–31–95; 8:45 am] unnecessary. to avail themselves of the services, BILLING CODE 4000±01±P federal register August 1,1995 Tuesday Maintenance; FinalRule Capital AdequacyGuidelines; Capital; Risk-BasedCapitalGuidelines; 12 CFRPart3,etal. Office ofThriftSupervision Department oftheTreasury Corporation Federal DepositInsurance Federal ReserveSystem Office oftheComptrollerCurrency Department oftheTreasury Part IV 39225 39226 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations DEPARTMENT OF THE TREASURY tangible equity for purposes of prompt be available for inspection at 1700 G corrective action, subject to the Street, N.W., from 1:00 p.m. until 4:00 Office of the Comptroller of the regulatory capital limitations that p.m. on business days. Currency previously applied only to PMSRs. FOR FURTHER INFORMATION CONTACT: Thus, the effect of the interim rule is to OCC: Christine A. Smith, Esq., 12 CFR Parts 3 and 6 permit OMSRs in regulatory capital, Professional Accounting Fellow, (202/ [Docket No. 95±18] subject to certain limitations. 874–5180), Roger Tufts, Senior DATES: The interim rule is effective Economic Advisor, (202/874–5070), RIN 1557±AB14 August 1, 1995. Comments must be Office of the Chief National Bank FEDERAL RESERVE SYSTEM received by October 2, 1995. Examiner; Mitchell Stengel, Financial ADDRESSES: Commenters should Economist, (202/874–5431), Risk 12 CFR Parts 208 and 225 respond to their primary federal Analysis Division; Ronald regulator. All comments will be shared Shimabukuro, Senior Attorney, or P. [Docket No. R±0887] among all of the Agencies. Moni SenGupta, Attorney, (202/874– OCC: Written comments should be 5090), Legislative and Regulatory FEDERAL DEPOSIT INSURANCE submitted to Docket No. 95–18, Activities Division, Washington, D.C. CORPORATION Communications Division, Ninth Floor, 20219. Office of the Comptroller of the FRB: Arthur W. Lindo, Supervisory 12 CFR Part 325 Currency, 250 E Street SW., Financial Analyst, (202/452–2695) or RIN 3064±AB61 Washington, DC 20219, Attention: Thomas R. Boemio, Supervisory Karen Carter. Comments will be Financial Analyst, (202/452–2982), DEPARTMENT OF THE TREASURY available for inspection and Division of Banking Supervision and photocopying at that address. Regulation. For the hearing impaired Office of Thrift Supervision FRB: Comments should refer to only, Telecommunication Device for the Docket No. R–0887, and may be mailed Deaf (TDD), Dorothea Thompson (202) 12 CFR Parts 565 and 567 to William W. Wiles, Secretary, Board of 452–3544, Board of Governors of the [Docket No. 95±140] Governors of the Federal Reserve Federal Reserve System, 20th and C System, 20th Street and Constitution Streets, N.W., Washington, D.C. 20551. RIN 1550±AA84 Avenue NW., Washington, DC 20551. FDIC: For supervisory issues, Stephen G. Pfeifer, Examination Specialist, (202/ Capital; Risk-Based Capital Comments also may be delivered to Room B–2222 of the Eccles Building 898–8904), Accounting Section, Guidelines; Capital Adequacy Division of Supervision; for legal issues, Guidelines; Capital Maintenance between 8:45 a.m. and 5:15 p.m. weekdays, or to the guard station in the Jules E. Bernard, Counsel, (202/898– AGENCIES: Office of the Comptroller of Eccles Building courtyard on 20th Street 3731), Legal Division. the Currency (OCC), Department of the NW. (between Constitution Avenue and OTS: John F. Connolly, Senior Treasury; Board of Governors of the C Street) at any time. Comments Program Manager for Capital Policy, Federal Reserve System (FRB); Federal received will be available for inspection (202/906–6465), or Timothy J. Stier, Deposit Insurance Corporation (FDIC); in Room MP–500 of the Martin Building Assistant Chief Accountant, (202/906– Office of Thrift Supervision (OTS), between 9:00 a.m. and 5:00 p.m. 5699), Supervision; Deborah Dakin, Department of the Treasury. weekdays, except as provided in 12 CFR Assistant Chief Counsel, (202/906– 6445), Regulations and Legislation ACTION: Joint interim rule with request 261.8 of the Board’s rules regarding Division, Office of the Chief Counsel, for comments. availability of information. FDIC: Written comments shall be Office of Thrift Supervision, 1700 G SUMMARY: The OCC, FRB, FDIC, and addressed to Office of the Executive Street, N.W., Washington, D.C. 20552. OTS (the Agencies) are amending their Secretary, Federal Deposit Insurance SUPPLEMENTARY INFORMATION: capital adequacy standards for banks, Corporation, 550 17th Street NW., bank holding companies, and savings Washington, DC 20429. Comments may Background associations (banking organizations) to be hand delivered to Room F–402, 1776 Mortgage servicing rights are the treat originated mortgage servicing F Street NW., Washington, DC 20429, on contractual obligations undertaken by rights (OMSRs) the same as purchased business days between 8:30 a.m. and an institution to provide servicing for mortgage servicing rights (PMSRs) for 5:00 p.m. (Fax number: (202) 898–3838; mortgage loans owned by others, regulatory capital purposes. The interim Internet address: [email protected]) typically for a fee. Originated mortgage capital rule was developed in response Comments will be available for servicing rights (OMSRs) generally to the Financial Accounting Standards inspection at the FDIC’s Reading Room, represent the servicing rights acquired Board’s issuance of Statement No. 122, Room 7118, 550 17th Street NW., when an institution originates mortgage ‘‘Accounting for Mortgage Servicing Washington, DC, between 9:00 a.m. and loans and subsequently sells the loans Rights,’’ which eliminates the 4:30 p.m. on business days. but retains the servicing rights. accounting distinction between OMSRs OTS: Send comments to Chief, Purchased mortgage servicing rights and PMSRs by requiring OMSRs to be Dissemination Branch, Records (PMSRs) are mortgage servicing rights capitalized as balance sheet assets, a Management and Information Policy, that have been purchased from other treatment previously required only for Office of Thrift Supervision, 1700 G parties. PMSRs. Under the interim rule, both Street, N.W., Washington, D.C. 20552, In May 1995, the Financial OMSRs and PMSRs are ‘‘included in’’ Attention Docket No. 95–140. These Accounting Standards Board (FASB) (i.e., not deducted from) regulatory submissions may be hand-delivered to issued Statement of Financial capital when determining Tier 1 (core) 1700 G Street, N.W. between 9 a.m. and Accounting Standards No. 122 (FAS capital for purposes of the Agencies’ 5 p.m. on business days; they may be 122), ‘‘Accounting for Mortgage risk-based and leverage capital sent by facsimile transmission to FAX Servicing Rights.’’ FAS 122 eliminates standards, and when calculating Number (202) 906–7755. Comments will the accounting distinction between Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39227 OMSRs and PMSRs and the need for applicable for Thrift Financial Report tangible equity for purposes of prompt companies engaged in mortgage banking purposes.1 corrective action is the same as that to sell OMSRs in order to realize their permitted in Tier 1 (core) capital. Interim Amendments to the Capital value for financial statement purposes. The Agencies are adopting this Adequacy Guidelines FAS 122 specifies that capitalized interim rule because they believe that mortgage servicing rights are to be Banking organizations adopting FAS the risk characteristics of OMSRs are treated as a single type of asset, 122 early could reflect OMSRs on their similar to those of PMSRs. In view of regardless of how these rights were regulatory reports as soon as June 30, the subjectivity and uncertainty acquired. As a result, upon an 1995.2 In view of this implementation surrounding the valuation of PMSRs institution’s adoption of FAS 122, both schedule, the Agencies are now and the consequent risks resulting from OMSRs and PMSRs must be capitalized adopting an interim rule that is effective a high concentration of these assets, the as balance sheet assets, a treatment immediately in order to give banking Agencies previously decided to limit the previously permitted only for PMSRs. organizations that adopt FAS 122 early amount of PMSRs that an institution Both types of mortgage servicing rights direction on the regulatory capital could include in regulatory capital. may be reported in the same balance treatment of OMSRs. Therefore, the Agencies believe that it is sheet asset category. Thus, on a Under the interim rule, for risk-based consistent to limit OMSRs in the same prospective basis, under generally and leverage capital purposes, mortgage manner as PMSRs, pending a review of accepted accounting principles (GAAP), servicing rights, including both PMSRs the comments received on this interim there generally will no longer be any and OMSRs 3, and purchased credit card rule and the Agencies’ resulting significant accounting distinction relationships (PCCRs) may be included determination of the appropriate capital between OMSRs and PMSRs for in capital only to the extent that, in the treatment of mortgage servicing rights. reporting, valuation, or disclosure aggregate, they do not exceed 50 percent This interim capital rule is consistent purposes. of Tier 1 (core) capital.4 For purposes of with the recommendations provided on Prior to the issuance of FAS 122, calculating Tier 1 (core) capital, all June 21, 1995, to the Agencies by the GAAP referred to PMSRs as intangible mortgage servicing rights are valued—as FFIEC’s Task Force on Supervision. assets. FAS 122 eliminates the reference PMSRs previously were—at the lesser of The Agencies are seeking comment on to PMSRs as intangible assets but does 90 percent of fair market value or 100 all aspects of this interim rule. The not characterize mortgage servicing percent of their book value (net of any Agencies also request specific comment rights as either intangible or tangible valuation allowance). In addition, under on the following: assets. FAS 122 indicates that no the interim rule, the amount of mortgage (1) For regulatory capital purposes, characterization of mortgage servicing servicing rights that may be included in the Agencies have considered PMSRs as rights as either intangible or tangible intangible assets. This determination assets is necessary because similar 1 Commercial banks are required to file quarterly was based, in part, on the prior GAAP characterizations are not made for most Consolidated Reports of Condition and Income (Call characterization of this asset. FAS 122 other assets. However, FAS 122 also Reports) and should report OMSRs and PMSRs in Schedule RC-M (Memoranda), item 6.a., ‘‘Mortgage indicates indifference toward any indicates that the elimination of the servicing rights’’ and in Schedule RC (Balance characterization of mortgage servicing intangible asset reference does not Sheet), item 10, ‘‘Intangible assets.’’ Bank holding rights (both PMSRs and OMSRs) as imply that mortgage servicing rights are companies with total consolidated assets of $150 intangible or tangible assets. tangible assets. million or more file quarterly Consolidated FAS 122 requires that mortgage Financial Statements for Bank Holding Companies (a) Should mortgage servicing rights (FR Y–9C reports) with the Federal Reserve, and be viewed as intangible assets for servicing rights be considered impaired should report OMSRs and PMSRs in Schedule HC— whenever their fair value is less than Consolidated Balance Sheet, item 10.a., ‘‘Mortgage regulatory capital purposes? their amortized cost. A valuation servicing rights.’’ Savings Associations are required (b) If mortgage servicing rights are allowance is required for the amount of to file quarterly Thrift Financial Reports and should considered to be intangible assets for report capitalized OMSRs and PMSRs on Thrift regulatory capital purposes, should they any impairment, which must be Financial Report Schedule SC, line 640, which is measured by stratifying mortgage currently labeled ‘‘purchased loan servicing rights.’’ continue to be subject to the regulatory servicing rights based on one or more of 2 Banking organizations that do not adopt FAS capital limitations previously applied the predominant risk characteristics of 122 early may not capitalize OMSRs in 1995 and only to PMSRs? the underlying loans. These would not reflect the asset on their regulatory (c) If mortgage servicing rights are reports. In the interim, such institutions should considered to be tangible assets for characteristics may include loan type, continue to report PMSRs in accordance with the size, note rate, date of origination, term existing Call Report and Thrift Financial Report regulatory capital purposes, what and geographic location. instructions until they adopt FAS 122 in 1996. regulatory capital limitations, if any, FAS 122 is effective for financial 3 Due to the 50 percent of Tier 1 (core) capital should apply? statements prepared in accordance with limitation, it is possible that at least some of the (2) How should any deferred tax OMSRs an institution reports as balance sheet GAAP for fiscal years beginning after assets for Call Report and Thrift Financial Report liability associated with PMSRs and December 15, 1995, although FASB purposes may be required to be deducted in OMSRs be treated when calculating a encourages earlier application. On June computing regulatory capital under this interim regulatory capital limit? 21, 1995, the Federal Financial rule. For purposes of determining the amount of (3) When an institution originates any OMSRs that would be deducted (or disallowed) Institutions Examination Council under this 50 percent of Tier 1 (core) capital mortgage loans and swaps them for (FFIEC) announced that banks must limitation, institutions may choose to reduce their mortgage-backed securities, including adopt FAS 122 for purposes of the otherwise disallowed OMSRs by the amount of any agency guaranteed mortgage-backed Reports of Condition and Income (Call associated deferred tax liability. Any such deferred securities, FAS 122 requires the tax liability used in this manner would not be Report) as of the same effective date and available for the institution to use in determining institution to attribute a separate cost with earlier application permitted to the the amount of any net deferred tax assets that may basis to the loan and servicing right extent allowable in this accounting be included in Tier 1 (core) capital for risk-based components of such mortgage-backed standard. The OTS requires savings and leverage capital purposes. securities. What is the appropriate 4 The 25 percent of Tier 1 (core) capital sublimit associations to follow GAAP for on PCCRs is not affected by this rulemaking. In regulatory capital treatment of mortgage regulatory reporting and, thus, FAS addition, all other intangible assets continue to be servicing rights that are associated with 122’s effective date provisions are also fully deducted from capital. mortgage-backed securities that are 39228 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations acquired in swap transactions and not impose any additional reporting or alternatives before promulgating a rule. included in an institution’s assets? recordkeeping burdens. Section 302 also As discussed in the preamble, this requires such a rule to take effect on the interim rule, in conjunction with FAS Regulatory Flexibility Act Analysis first day of the calendar quarter 122, permits OMSRs to be capitalized as The Agencies do not believe that the following final publication of the rule, balance sheet items, a treatment that adoption of their interim rule will have unless the agency, for good cause, was previously only permitted for a significant economic impact on a determines an earlier effective date is PMSRs. Under the interim rule, OMSRs substantial number of small business appropriate. The Agencies have decided will be included in calculating Tier 1 entities (in this case, small banking that their interim rule should be (core) capital for risk-based capital and organizations), in accordance with the effective immediately because it leverage capital standards subject to the spirit and purposes of the Regulatory provides institutions with information same constraints that are imposed on Flexibility Act (5 U.S.C. 601 et seq.). on the regulatory capital treatment for PMSRs. Thus, no additional cost of $100 Because of the pre-FAS 122 accounting OMSRs that may begin to be reported on million or more, to State, local, or tribal treatment of OMSRs, no banking the June 30, 1995 Call Report and Thrift governments or to the private sector will organizations—large or small—currently Financial Report. result from this rule. Accordingly, the carry any OMSRs, which are the subject Administrative Procedure Act OCC and the OTS have not prepared a of the interim rule, as assets on their budgetary impact statement nor balance sheets or include them in Pursuant to section 553 of the specifically addressed any regulatory capital. The Agencies’ interim rule, in Administrative Procedure Act, 5 U.S.C. alternatives. combination with the requirement that 553, the Agencies find good cause for institutions adopt FAS 122 for issuing this interim rule in advance of List of Subjects regulatory reporting purposes, allows the receipt of comments from interested 12 CFR Part 3 banking organizations to increase their parties and for waiving the 30-day delay regulatory capital by including OMSRs of effectiveness provisions of the Administrative practice and in assets and Tier 1 (core) capital. This Administrative Procedures Act. This procedure, Capital, National banks, interim rule would only affect those ‘‘good cause’’ determination is based Reporting and recordkeeping banking organizations that originate and upon institutions’ immediate need to requirements, Risk. subsequently sell or securitize mortgage know how to treat OMSRs in computing 12 CFR Part 6 loans but retain the servicing rights. In regulatory capital. This guidance is addition, FAS 122 is to be applied necessary because the Financial Capital, National banks. prospectively. As a result, OMSRs will Accounting Standards Board, on May 12 CFR Part 208 only need to be capitalized for those 12, 1995, revised the treatment of transactions that occur after the date as OMSRs under generally accepted Accounting, Agriculture, Banks, of which an institution adopts FAS 122. accounting principles by adopting banking, Confidential business Moreover, because the risk-based and Statement of Financial Accounting information, Crime, Currency, Federal leverage capital guidelines generally do Standard No. 122 (FAS 122), Reserve System, Flood insurance, not apply to bank holding companies ‘‘Accounting for Mortgage Servicing Mortgages, Reporting and recordkeeping with consolidated assets of less than Rights,’’ which institutions may adopt requirements, Securities. beginning in reports prepared as of June $150 million, this proposal will not 12 CFR Part 225 affect such companies. 30, 1995. Under FAS 122, OMSRs will be capitalized and included in assets Administrative practice and OCC and OTS Executive Order 12866 with corresponding increases to an procedure, Banks, banking, Federal Statement institution’s capital base. Prior to the Reserve System, Holding companies, The Comptroller of the Currency and issuance of FAS 122, OMSRs were not Reporting and recordkeeping the Director of the OTS have determined capitalized and not recorded on the requirements, Securities. balance sheet. This interim rule allows that the interim rule described in this 12 CFR Part 325 notice is not a significant regulatory institutions that early adopt FAS 122 in action under Executive Order 12866. their June 30, 1995, regulatory reports to Bank deposit insurance, Banks, Accordingly, a regulatory impact include OMSRs in assets and regulatory banking, Capital adequacy, Reporting analysis is not required. capital, subject to certain limitations. and recordkeeping requirements, Savings associations, State nonmember OCC and OTS Unfunded Mandates Act Paperwork Reduction Act and banks. Regulatory Burden Statement The Agencies have determined that Section 202 of the Unfunded 12 CFR Part 565 this interim rule will not increase the Mandates Reform Act of 1995, Public Administrative practice and regulatory paperwork burden of banking Law 104–4 (Unfunded Mandates Act) procedure, Capital, Savings organizations pursuant to the provisions (signed into law on March 22, 1995) associations. of the Paperwork Reduction Act (44 requires that an agency prepare a U.S.C. 3501 et seq.). budgetary impact statement before 12 CFR Part 567 Section 302 of the Riegle Community promulgating a rule that includes a Capital, Reporting and recordkeeping Development and Regulatory Federal mandate that may result in requirements, Savings associations. Improvement Act of 1994 (Pub. L. 103– expenditure by State, local and tribal 325, 108 Stat. 2160) provides that the governments, in the aggregate, or by the Authority and Issuance federal banking agencies must consider private sector, of $100 million or more Office of the Comptroller of the the administrative burdens and benefits in any one year. If a budgetary impact Currency of any new regulation that imposes statement is required, section 205 of the 12 CFR Chapter I additional requirements on insured Unfunded Mandates Act also requires depository institutions. The Agencies an agency to identify and consider a For the reasons set out in the joint have found that their interim rule does reasonable number of regulatory preamble, the Office of the Comptroller Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39229 of the Currency amends 12 CFR chapter rights (originated and purchased) and PART 208ÐMEMBERSHIP OF STATE I as set forth below. purchased credit card relationships need not BANKING INSTITUTIONS IN THE be deducted from Tier 1 capital: FEDERAL RESERVE SYSTEM PART 3ÐMINIMUM CAPITAL RATIOS; (i) The total of all intangible assets which (REGULATION H) ISSUANCE OF DIRECTIVES are included in Tier 1 capital is limited to 50 percent of Tier 1 capital, of which no more 1. The authority citation for part 208 1. The authority citation for part 3 than 25 percent of Tier 1 capital can consist is revised to read as follows: continues to read as follows: of purchased credit card relationships. Calculation of these limitations must be Authority: 12 U.S.C. 36, 248(a), 248(c), Authority: 12 U.S.C. 93a, 161, 1818, based on Tier 1 capital net of goodwill and 321–338, 371d, 461, 481–486, 601, 611, 1814, 1828(n), 1828 note, 1831n note, 1835, 3907, other disallowed intangible assets. 1823(j), 1828(o), 1831o, 1831p–1, 3105, 3310, and 3909. (ii) Each intangible asset which is included 3331–3351 and 3906–3909; 15 U.S.C. 78b, 2. In part 3, paragraph (c)(2) of § 3.100 in Tier 1 capital must be valued at the lesser 78l(b), 78l(g), 78l(i), 78o–4(c) (5), 78q, 78q– is revised to read as follows: of: l, and 78w; 31 U.S.C. 5318; 42 U.S.C. 4012a, (A) 90 percent of the fair market value of 4104a, 4104b, 4106, and 4128. § 3.100 Capital and surplus. the intangible asset, determined in 2. In § 208.31, paragraph (f) is revised * * * * * accordance with section 2(c)(2)(iii) of this to read as follows: (c) * * * appendix A; or (2) Mortgage servicing rights; (B) 100 percent of the remaining § 208.31 Definitions. * * * * * unamortized book value of the intangible * * * * * 3. In appendix A to part 3, paragraph asset, determined at least quarterly in accordance with the instructions of the Call (f) Tangible equity means the amount (c)(13) of section 1 is revised to read as Report. of core capital elements in the Board’s follows: (iii) Banks shall determine the current fair Capital Adequacy Guidelines for State Appendix A to Part 3—Risk-Based market value of each intangible asset Member Banks: Risk-Based Measure Capital Guidelines included in Tier 1 capital at least quarterly. (Appendix A to this part), plus the The quarterly determination of the current amount of outstanding cumulative Section 1. Purpose, Applicability of fair market value of the intangible asset must perpetual preferred stock (including Guidelines, and Definitions include adjustments for any significant related surplus), minus all intangible * * * * * changes in original valuation assumptions, assets except mortgage servicing rights (c) * * * including changes in prepayment estimates. In determining the current fair market value to the extent that the Board determines (13) Intangible assets include mortgage that mortgage servicing rights may be servicing rights, purchased credit card of the intangible asset, the bank shall apply relationships (servicing rights), goodwill, an appropriate market discount rate to the included in calculating the bank’s tier 1 favorable leaseholds, and core deposit value. expected net cash flows of the intangible capital. asset. * * * * * * * * * * 4. In appendix A to part 3, paragraphs * * * * * 3. Appendix A to part 208 is amended (c) introductory text, (c)(1), and (c)(3) of by revising section II.B.1.b. to read as section 2 are revised to read as follows: PART 6ÐPROMPT CORRECTIVE follows: ACTION * * * * * Appendix A to Part 208—Capital Section 2. Components of Capital 1. The authority citation for part 6 Adequacy Guidelines for State Member continues to read as follows: Banks: Risk-Based Measure * * * * * (c) Deductions From Capital. The following Authority: 12 U.S.C. 93a, 1831o. * * * * * items are deducted from the appropriate 2. In subpart A to part 6, paragraph (g) II. * * * portion of a national bank’s capital base B. * * * when calculating its risk-based capital ratio: of § 6.2 is revised to read as follows: 1. * * * (1) Deductions from Tier 1 capital. The § 6.2 Definitions. b. Other intangible assets. i. The only types following items are deducted from Tier 1 of identifiable intangible assets that may be capital before the Tier 2 portion of the * * * * * included in, that is, not deducted from, a calculation is made: (g) Tangible equity means the amount bank’s capital are readily marketable (i) All goodwill subject to the transition of Tier 1 capital elements in the OCC’s mortgage servicing rights and purchased rules contained in section 4(a)(1)(ii) of this Risk-Based Capital Guidelines credit card relationships, provided that, in appendix A; (appendix A to part 3 of this chapter) the aggregate, the total amount of these assets (ii) Other intangible assets, except as plus the amount of outstanding included in capital does not exceed 50 provided in section 2(c)(2) of this appendix cumulative perpetual preferred stock percent of tier 1 capital. Purchased credit A; and (including related surplus) minus all card relationships are subject to a separate (iii) Deferred tax assets, except as provided sublimit of 25 percent of tier 1 capital.14 in section 2(c)(3) of this appendix A, that are intangible assets except mortgage ii. For purposes of calculating these dependent upon future taxable income, servicing rights to the extent permitted limitations on mortgage servicing rights and which exceed the lesser of either: in Tier 1 capital under section 2(c) in purchased credit card relationships, tier 1 (A) The amount of deferred tax assets that appendix A to part 3 of this chapter. capital is defined as the sum of core capital the bank could reasonably expect to realize * * * * * within one year of the quarter-end Call Dated: July 21, 1995. 14 Amounts of mortgage servicing rights and Report, based on its estimate of future taxable Eugene A. Ludwig, purchased credit card relationships in excess of income for that year; or these limitations, as well as all other identifiable (B) 10% of Tier 1 capital, net of goodwill Comptroller of the Currency. intangible assets, including core deposit intangibles and all intangible assets other than mortgage and favorable leaseholds, are to be deducted from servicing rights and purchased credit card Federal Reserve System a bank’s core capital elements in determining tier relationships, and before any disallowed 12 CFR Chapter II 1 capital. However, identifiable intangible assets deferred tax assets are deducted. (other than mortgage servicing rights and purchased (2) Qualifying intangible assets. Subject to For the reasons outlined in the joint credit card relationships) acquired on or before February 19, 1992, generally will not be deducted the following conditions, mortgage servicing preamble, the Board of Governors of the from capital for supervisory purposes, although Federal Reserve System amends 12 CFR they will continue to be deducted for applications 6 [Reserved]. Chapter II as set forth below. purposes. 39230 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations elements, net of goodwill and all identifiable 4. Appendix A to part 208 is amended based capital guidelines contained in intangible assets other than mortgage by revising section II.B.4. to read as Appendix A of this part will be used.2 As a servicing rights and purchased credit card follows: general matter, average total consolidated relationships, regardless of the date acquired. assets are defined as the quarterly average This method of calculation could result in * * * * * total assets (defined net of the allowance for mortgage servicing rights and purchased II. * * * loan and lease losses) reported on the bank’s credit card relationships being included in B. * * * Reports of Condition and Income (Call capital in an amount greater than 50 4. Deferred tax assets. The amount of Reports), less goodwill; amounts of mortgage percent—or in purchased credit card deferred tax assets that are dependent upon servicing rights and purchased credit card relationships being included in an amount future taxable income, net of the valuation relationships that, in the aggregate, are in greater than 25 percent—of the amount of tier allowance for deferred tax assets, that may be excess of 50 percent of tier 1 capital; amounts 1 capital used to calculate an institution’s included in, that is, not deducted from, a of purchased credit card relationships in capital ratios. In such instances, the Federal bank’s capital may not exceed the lesser of: excess of 25 percent of tier 1 capital; all other Reserve may determine that a bank is (i) the amount of these deferred tax assets intangible assets; any investments in operating in an unsafe and unsound manner that the bank is expected to realize within subsidiaries or associated companies that the because of over-reliance on intangible assets one year of the calendar quarter-end date, Federal Reserve determines should be in tier 1 capital. based on its projections of future taxable deducted from tier 1 capital; and deferred tax iii. Banks must review the book value of all income for that year,20 or (ii) 10 percent of assets that are dependent upon future taxable intangible assets at least quarterly and make tier 1 capital. The reported amount of income, net of their valuation allowance, in adjustments to these values as necessary. The deferred tax assets, net of any valuation excess of the limitation set forth in section fair market value of mortgage servicing rights allowance for deferred tax assets, in excess of II.B.4 of this Appendix A.3 and purchased credit card relationships also the lesser of these two amounts is to be * * * * * must be determined at least quarterly. The deducted from a bank’s core capital elements fair market value generally shall be in determining tier 1 capital. For purposes of PART 225ÐBANK HOLDING determined by applying an appropriate calculating the 10 percent limitation, tier 1 COMPANIES AND CHANGE IN BANK market discount rate to the expected future capital is defined as the sum of core capital CONTROL (REGULATION Y) net cash flows. This determination shall elements, net of goodwill and all identifiable include adjustments for any significant intangible assets other than mortgage 1. The authority citation for part 225 changes in original valuation assumptions, servicing rights and purchased credit card continues to read as follows: including changes in prepayment estimates relationships, before any disallowed deferred or account attrition rates. tax assets are deducted. There generally is no Authority: 12 U.S.C. 1817(j)(13), 1818, iv. Examiners will review both the book limit in tier 1 capital on the amount of 1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b), value and the fair market value assigned to deferred tax assets that can be realized from 1972(l), 3106, 3108, 3310, 3331–3351, 3907, these assets, together with supporting taxes paid in prior carryback years or from and 3909. documentation, during the examination future reversals of existing taxable temporary 2. Appendix A to part 225 is amended process. In addition, the Federal Reserve may differences, but, for banks that have a parent, require, on a case-by-case basis, an by revising section II.B.1.b. to read as this may not exceed the amount the bank follows: independent valuation of a bank’s intangible could reasonably expect its parent to refund. assets. * * * * * Appendix A to Part 225—Capital v. The amount of mortgage servicing rights Adequacy Guidelines for Bank Holding and purchased credit card relationships that 5. Appendix B to part 208 is amended a bank may include in capital shall be the by revising section II.b. to read as Companies: Risk-Based Measure lesser of 90 percent of their fair market value, follows: * * * * * as determined in accordance with this II. * * * section, or 100 percent of their book value, Appendix B to Part 208—Capital B. * * * as adjusted for capital purposes in Adequacy Guidelines for State Member 1.* * * accordance with the instructions in the Banks: Tier 1 Leverage Measure b. Other intangible assets. i. The only types commercial bank Consolidated Reports of * * * * * of identifiable intangible assets that may be Condition and Income (Call Reports). If both included in, that is, not deducted from, a II. * * * the application of the limits on mortgage organization’s capital are readily marketable servicing rights and purchased credit card b. A bank’s tier 1 leverage ratio is mortgage servicing rights and purchased relationships and the adjustment of the calculated by dividing its tier 1 capital (the credit card relationships, provided that, in balance sheet amount for these intangibles numerator of the ratio) by its average total the aggregate, the total amount of these assets would result in an amount being deducted consolidated assets (the denominator of the included in capital does not exceed 50 from capital, the bank would deduct only the ratio). The ratio will also be calculated using percent of tier 1 capital. Purchased credit greater of the two amounts from its core period-end assets whenever necessary, on a card relationships are subject to a separate capital elements in determining tier 1 capital. case-by-case basis. For the purpose of this sublimit of 25 percent of tier 1 capital.15 vi. The treatment of identifiable intangible leverage ratio, the definition of tier 1 capital for year-end 1992 as set forth in the risk- assets set forth in this section generally will 2 At the end of 1992, tier 1 capital for state be used in the calculation of a bank’s capital member banks includes common equity, minority ratios for supervisory and applications 20 To determine the amount of expected deferred interest in the equity accounts of consolidated purposes. However, in making an overall tax assets realizable in the next 12 months, an subsidiaries, and qualifying noncumulative assessment of a bank’s capital adequacy for institution should assume that all existing perpetual preferred stock. In addition, as a general applications purposes, the Board may, if it temporary differences fully reverse as of the report matter, tier 1 capital excludes goodwill; amounts of deems appropriate, take into account the date. Projected future taxable income should not mortgage servicing rights and purchased credit card quality and composition of a bank’s capital, include net operating loss carryforwards to be used relationships that, in the aggregate, exceed 50 percent of tier 1 capital; amounts of purchased together with the quality and value of its during that year or the amount of existing temporary differences a bank expects to reverse credit card relationships that exceed 25 percent of tangible and intangible assets. within the year. Such projections should include tier 1 capital; all other intangible assets; and vii. Consistent with long-standing Board the estimated effect of tax planning strategies that deferred tax assets that are dependent upon future policy, banks experiencing substantial the organization expects to implement to realize net taxable income, net of their valuation allowance, in growth, whether internally or by acquisition, operating losses or tax credit carryforwards that excess of certain limitations. The Federal Reserve are expected to maintain strong capital would otherwise expire during the year. Institutions may exclude certain investments in subsidiaries or positions substantially above minimum do not have to prepare a new 12 month projection associated companies as appropriate. supervisory levels, without significant each quarter. Rather, on interim report dates, 3 Deductions from tier 1 capital and other reliance on intangible assets. institutions may use the future taxable income adjustments are discussed more fully in section II.B. in Appendix A of this part. 2. * * * projections for their current fiscal year, adjusted for any significant changes that have occurred or are 15 Amounts of mortgage servicing rights and * * * * * expected to occur. purchased credit card relationships in excess of Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39231 ii. For purposes of calculating these be used in the calculation of a bank holding 4. Appendix D to part 225 is amended limitations on mortgage servicing rights and company’s capital ratios for supervisory and by revising section II.b. to read as purchased credit card relationships, tier 1 applications purposes. However, in making follows: capital is defined as the sum of core capital an overall assessment of an organization’s elements, net of goodwill and all identifiable capital adequacy for applications purposes, Appendix D to Part 225—Capital intangible assets other than mortgage the Board may, if it deems appropriate, take Adequacy Guidelines for Bank Holding servicing rights and purchased credit card into account the quality and composition of Companies: Tier 1 Leverage Measure relationships, regardless of the date acquired. an organization’s capital, together with the This method of calculation could result in quality and value of its tangible and * * * * * mortgage servicing rights and purchased intangible assets. II. * * * credit card relationships being included in vii. Consistent with long-standing Board b. A banking organization’s tier 1 leverage capital in an amount greater than 50 policy, banking organizations experiencing ratio is calculated by dividing its tier 1 percent—or in purchased credit card substantial growth, whether internally or by capital (the numerator of the ratio) by its relationships being included in an amount acquisition, are expected to maintain strong average total consolidated assets (the greater than 25 percent—of the amount of tier capital positions substantially above denominator of the ratio). The ratio will also 1 capital used to calculate an institution’s minimum supervisory levels, without be calculated using period-end assets capital ratios. In such instances, the Federal significant reliance on intangible assets. whenever necessary, on a case-by-case basis. For the purpose of this leverage ratio, the Reserve may determine that an organization 2.* * * is operating in an unsafe and unsound definition of tier 1 capital for year-end 1992 manner because of overreliance on intangible * * * * * as set forth in the risk-based capital assets in tier 1 capital. 3. Appendix A to Part 225 is amended guidelines contained in Appendix A of this 3 iii. Bank holding companies must review by revising section II.B.4. to read as part will be used. As a general matter, the book value of all intangible assets at least follows: average total consolidated assets are defined as the quarterly average total assets (defined quarterly and make adjustments to these * * * * * values as necessary. The fair market value of net of the allowance for loan and lease losses) II. * * * reported on the organization’s Consolidated mortgage servicing rights and purchased B. * * * credit card relationships also must be Financial Statements (FR Y–9C Report), less 4. Deferred tax assets. The amount of goodwill; amounts of mortgage servicing determined at least quarterly. The fair market deferred tax assets that are dependent upon value generally shall be determined by rights and purchased credit card future taxable income, net of the valuation relationships that, in the aggregate, are in applying an appropriate market discount rate allowance for deferred tax assets, that may be excess of 50 percent of tier 1 capital; amounts to the expected future net cash flows. This included in, that is, not deducted from, a of purchased credit card relationships in determination shall include adjustments for banking organization’s capital may not excess of 25 percent of tier 1 capital; all other any significant changes in original valuation exceed the lesser of: (i) the amount of these intangible assets; any investments in assumptions, including changes in deferred tax assets that the banking subsidiaries or associated companies that the prepayment estimates or account attrition organization is expected to realize within one Federal Reserve determines should be rates. year of the calendar quarter-end date, based deducted from tier 1 capital; and deferred tax iv. Examiners will review both the book on its projections of future taxable income for assets that are dependent upon future taxable value and the fair market value assigned to that year,23 or (ii) 10 percent of tier 1 capital. income, net of their valuation allowance, in these assets, together with supporting The reported amount of deferred tax assets, excess of the limitation set forth in section documentation, during the inspection net of any valuation allowance for deferred II.B.4 of this Appendix A.4 process. In addition, the Federal Reserve may tax assets, in excess of the lesser of these two require, on a case-by-case basis, an * * * * * amounts is to be deducted from a banking By order of the Board of Governors of the independent valuation of an organization’s organization’s core capital elements in intangible assets. Federal Reserve System, July 26, 1995 determining tier 1 capital. For purposes of William W. Wiles, v. The amount of mortgage servicing rights calculating the 10 percent limitation, tier 1 and purchased credit card relationships that capital is defined as the sum of core capital Secretary of the Board. a bank holding company may include in elements, net of goodwill and all identifiable Federal Deposit Insurance Corporation capital shall be the lesser of 90 percent of intangible assets other than mortgage their fair market value, as determined in servicing rights and purchased credit card 12 CFR Chapter III accordance with this section, or 100 percent relationships, before any disallowed deferred For the reasons outlined in the joint of their book value, as adjusted for capital tax assets are deducted. There generally is no purposes in accordance with the instructions preamble, the Board of Directors of the limit in tier 1 capital on the amount of Federal Deposit Insurance Corporation to the Consolidated Financial Statements for deferred tax assets that can be realized from Bank Holding Companies (FR Y–9C Report). taxes paid in prior carryback years or from amends 12 CFR chapter III as set forth If both the application of the limits on future reversals of existing taxable temporary below. mortgage servicing rights and purchased differences. credit card relationships and the adjustment 3 At the end of 1992, tier 1 capital for banking of the balance sheet amount for these * * * * * organizations includes common equity, minority intangibles would result in an amount being interest in the equity accounts of consolidated deducted from capital, the bank holding 23 To determine the amount of expected deferred subsidiaries, qualifying noncumulative perpetual company would deduct only the greater of tax assets realizable in the next 12 months, an preferred stock, and qualifying cumulative the two amounts from its core capital institution should assume that all existing perpetual preferred stock. (Cumulative perpetual elements in determining tier 1 capital. temporary differences fully reverse as of the report preferred stock is limited to 25 percent of tier 1 capital.) In addition, as a general matter, tier 1 vi. The treatment of identifiable intangible date. Projected future taxable income should not include net operating loss carryforwards to be used capital excludes goodwill; amounts of mortgage assets set forth in this section generally will during that year or the amount of existing servicing rights and purchased credit card temporary differences a bank holding company relationships that, in the aggregate, exceed 50 these limitations, as well as all other identifiable expects to reverse within the year. Such projections percent of tier 1 capital; amounts of purchased intangible assets, including core deposit intangibles should include the estimated effect of tax planning credit card relationships that exceed 25 percent of and favorable leaseholds, are to be deducted from strategies that the organization expects to tier 1 capital; all other intangible assets; and an organization’s core capital elements in implement to realize net operating losses or tax deferred tax assets that are dependent upon future determining tier 1 capital. However, identifiable credit carryforwards that would otherwise expire taxable income, net of their valuation allowance, in intangible assets (other than mortgage servicing during the year. Institutions do not have to prepare excess of certain limitations. The Federal Reserve rights and purchased credit card relationships) a new 12 month projection each quarter. Rather, on may exclude certain investments in subsidiaries or acquired on or before February 19, 1992, generally interim report dates, institutions may use the future associated companies as appropriate. will not be deducted from capital for supervisory taxable income projections for their current fiscal 4 Deductions from tier 1 capital and other purposes, although they will continue to be year, adjusted for any significant changes that have adjustments are discussed more fully in section II.B. deducted for applications purposes. occurred or are expected to occur. in Appendix A of this part. 39232 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations PART 325ÐCAPITAL MAINTENANCE Federal Deposit Insurance Corporation. (2) Deductions from core capital. (i) Jerry L. Langley, Intangible assets, as defined in 1. The authority citation for part 325 Executive Secretary. § 567.1(m) of this part, are deducted continues to read as follows: from assets and capital in computing Office of Thrift Supervision Authority: 12 U.S.C. 1815(a), 1815(b), core capital, except as otherwise 1816, 1818(a), 1818(b), 1818(c), 1818(t), 12 CFR Chapter V provided by § 567.12 of this part. 1819(Tenth), 1828(c), 1828(d), 1828(i), For the reasons outlined in the joint (ii) Mortgage servicing rights (both 1828(n), 1828(o), 1831o, 3907, 3909, 4808; preamble, the Office of Thrift originated and purchased) that are not Pub. L. 102–233, 105 Stat. 1761, 1789, 1790 Supervision hereby amends 12 CFR includable in tangible and core capital (12 U.S.C. 1831n note); Pub. L. 102–242, 105 pursuant to § 567.12 of this part are Stat. 2236, 2355, 2386 (12 U.S.C. 1828 note). chapter V as set forth below. deducted from assets and capital in 2. In § 325.2, paragraph (n) is SUBCHAPTER DÐREGULATIONS computing core capital. APPLICABLE TO ALL SAVINGS amended by removing the word ASSOCIATIONS * * * * * ‘‘purchased’’ each place it appears and 4. Section 567.6 is amended by paragraph (s) is revised to read as PART 565ÐPROMPT CORRECTIVE revising paragraphs (a)(1)(iv)(L) and follows: ACTION (a)(1)(iv)(M) to read as follows: § 325.2 Definitions. 1. The authority citation for part 565 § 567.6 Risk-based capital credit risk- * * * * * continues to read as follows: weight categories. (s) Tangible equity means the amount Authority: 12 U.S.C. 1831o. (a) * * * of core capital elements as defined in (1) * * * 2. Section 565.2 is amended by (iv) * * * Section I.A.1. of the FDIC’s Statement of revising paragraph (f) to read as follows: Policy on Risk-Based Capital (appendix (L) Mortgage servicing rights and A to this Part 325), plus the amount of § 565.2 Definitions intangible assets includable in core outstanding cumulative perpetual * * * * * capital pursuant to § 567.12 of this part; preferred stock (including related (f) Tangible equity means the amount (M) Excess servicing receivables; surplus), minus all intangible assets of a savings association’s core capital as * * * * * except mortgage servicing rights to the defined in part 567 of this subchapter 5. Section 567.9 is amended by extent that the FDIC determines plus the amount of its outstanding revising paragraph (c)(1) to read as pursuant to § 325.5(f) of this part that cumulative perpetual preferred stock follows: mortgage servicing rights may be (including related surplus), minus § 567.9 Tangible capital requirement. included in calculating the bank’s Tier intangible assets as defined in 1 capital. § 567.1(m) of this subchapter and * * * * * (c) * * * * * * * * mortgage servicing rights not includable in core capital pursuant to § 567.12 of (1) Intangible assets, as defined in § 325.5 [Amended] this subchapter. § 567.1(m) of this part, and mortgage servicing rights (purchased or 3. Section 325.5 is amended by * * * * * removing the words ‘‘purchased originated) not includable in core and mortgage servicing rights’’ and adding, PART 567ÐCAPITAL tangible capital pursuant to § 567.12 of in their place, the words ‘‘mortgage this part. 1. The authority citation for part 567 * * * * * servicing rights’’ in paragraphs (f), continues to read as follows: (g)(2)(i)(B), and (g)(5). 6. Section 567.12 is amended by Authority: 12 U.S.C. 1462, 1462a, 1463, revising the section heading and Appendix A to Part 325 [Amended] 1464, 1467a, 1828 (note). paragraphs (a) through (f) to read as 4. In Appendix A to part 325, remove 2. Section 567.1 is amended by follows: the words ‘‘purchased mortgage revising paragraph (m) to read as § 567.12 Qualifying intangible assets and servicing rights’’ in footnote 2 to ‘‘Table follows: mortgage servicing rights. I—Definition of Qualifying Capital’’ and § 567.1 Definitions. (a) Scope. This section prescribes the add, in their place, the words ‘‘mortgage maximum amount of qualifying servicing rights’’. * * * * * (m) Intangible assets. The term intangible assets, as defined in Appendix B to Part 325 [Amended] intangible assets means assets referred § 567.1(m) of this part, and mortgage servicing rights that savings associations 5. In Appendix B to part 325, section to as intangible assets in authoritative may include in calculating tangible and IV.A.: literature on generally accepted accounting principles. These intangible core capital. a. Remove the words ‘‘purchased (b) Definition. Qualifying intangible mortgage servicing rights’’ and add, in assets include, but are not limited to, goodwill, favorable leaseholds, core assets and mortgage servicing rights their place, the words ‘‘mortgage means purchased credit card servicing rights’’ each place they appear deposit premiums and purchased credit card relationships. Mortgage servicing relationships and mortgage servicing in footnote 1 and in the last sentence of rights (both originated and purchased). the last paragraph; and rights (either originated or purchased) are not intangible assets under this Mortgage servicing rights (both b. Remove the words ‘‘purchased definition. originated and purchased) may be servicing intangibles’’ and add, in their included (that is, not deducted) in place, the words ‘‘servicing intangibles’’ * * * * * 3. Section 567.5 is amended by computing core and tangible capital. in the last sentence of the last Purchased credit card relationships may paragraph. revising paragraphs (a)(2) heading, (a)(2)(i) and (a)(2)(ii) to read as follows: be included in computing core capital, By order of the Board of Directors. but must be deducted in computing Dated at Washington, DC, this 21st day of § 567.5 Components of capital. tangible capital. These qualifying July, 1995. (a) * * * intangible assets and mortgage servicing Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39233 rights may be included in capital only assumptions used by the association in includable in capital) originated in accordance with the limitations and conducting its internal analysis. The mortgage servicing rights exceeding the restrictions set forth in this section. association shall calculate an estimated 50 percent aggregate limit by the Intangible assets, as defined in fair market value for the qualifying amount of any associated deferred tax § 567.1(m) of this part, other than intangible assets and mortgage servicing liability. purchased credit card relationships and rights at least quarterly regardless of (3) Sublimit for purchased credit card core deposit intangibles grandfathered whether an independent valuation relationships. In addition to the by paragraph (g)(3) of this section, must expert is required to perform an aggregate limitation on qualifying be deducted in computing tangible and independent market valuation. intangible assets and mortgage servicing core capital. (d) Value limitation. For purposes of rights set forth in paragraph (e)(1) of this calculating core capital under this part (c) Market valuations. The OTS section, a sublimit shall apply to (but not for financial statement reserves the authority to require any purchased credit card relationships. The purposes), qualifying intangible assets savings association to perform an maximum allowable amount of and mortgage servicing rights must be independent market valuation of purchased credit card relationships valued at the lesser of: shall be limited to the lesser of: qualifying intangible assets and (1) 90 percent of their fair market mortgage servicing rights on a case-by- (i) 25 percent of the amount of core value determined in accordance with capital computed before the deduction case basis or through the issuance of paragraph (c) of this section; or policy guidance. An independent of any disallowed qualifying intangible (2) 100 percent of their remaining assets or mortgage servicing rights; or market valuation, if required, shall be unamortized book value determined in conducted in accordance with any (ii) the amount of purchased credit accordance with the instructions for the card relationships determined in policy guidance issued by the OTS. A Thrift Financial Report. required valuation shall include accordance with paragraph (d) of this (e) Core capital limitation.—(1) section. adjustments for any significant changes Aggregate limit. The maximum (f) Tangible capital limitation. The in original valuation assumptions, aggregate amount of qualifying maximum amount of mortgage servicing including changes in prepayment intangible assets and mortgage servicing rights that may be included in tangible estimates or attrition rates. The rights that may be included in core capital shall be the same amount valuation shall determine the current capital shall be limited to the lesser of: fair market value of the qualifying (i) 50 percent of the amount of core includable in core capital in accordance intangible assets and mortgage servicing capital computed before the deduction with the limitations set by paragraph rights by applying an appropriate of any disallowed qualifying intangible (e)(1) of this section. market discount rate to the net cash assets or mortgage servicing rights; or * * * * * flows expected to be generated from the (ii) The amount of qualifying Dated: July 25, 1995. qualifying intangible assets and intangible assets and mortgage servicing By the Office of Thrift Supervision. mortgage servicing rights. This rights determined in accordance with Jonathan L. Fiechter, independent market valuation may be paragraph (d) of this section. Acting Director. conducted by an independent valuation (2) Reduction by deferred tax liability. [FR Doc. 95–18772 Filed 7–31–95; 8:45 am] expert evaluating the reasonableness of Associations may elect to reduce the BILLING CODES 4810±33±P, 6210±01±P, 6714±01±P, the internal calculations and amount of their disallowed (i.e., not 6720±01±P federal register August 1,1995 Tuesday Technical Amendments;FinalRule Lending InstitutionsandMortgagees; Before aHearingOfficer;Approvalof Mortgagee ReviewBoard;Proceedings 24 CFRParts25,26,and202 Office oftheSecretary Development Housing andUrban Department of Part V 39235 39236 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations DEPARTMENT OF HOUSING AND to a hearing official who will conduct Federal Programs,’’ adopted by ACUS URBAN DEVELOPMENT informal hearings under stated time on January 18, 1995. ACUS limitations, thereby streamlining the Recommendation item II recommends Office of the Secretary hearing process. The rule further that cases involving disputed issues of provides that the hearing official may, at material fact be referred to 24 CFR Parts 25, 26, and 202 his or her discretion, refer matters to an administrative law judges, military [Docket No. FR±3065±F±04] administrative law judge or Board of judges, administrative judges of boards Contract Appeals judge, or to another of contract appeals, or similarly RIN 2501±AB24 ‘‘independent’’ official for findings of independent hearing officers for Mortgagee Review Board; Proceedings fact. The term ‘‘independent’’ means hearings and preparation of (1) findings Before a Hearing Officer; Approval of that the other official will not be a of fact, (2) a recommended decision, or Lending Institutions and Mortgagees; member of the Board or employed (3) an initial decision, subject to agency within an office acting as an advisor to Technical Amendments appeal. Item II of the ACUS the Board as that term is described at Recommendations also recommends AGENCY: Office of the Secretary, HUD. § 25.4(b). that debarring officials be senior agency ACTION: Final rule; technical The rule also implements the 1992 officials who are guaranteed sufficient amendments. amendments to section 202 (Pub. L. independence to provide due process, 102–550, approved October 28, 1992). and that such officials ensure that SUMMARY: This rule changes the These amendments limited the duration information used as the basis for a Department’s regulations governing of a suspension issued by the Board to sanction appear in the administrative one year, unless extended for a period sanctions imposed by the Mortgagee record of the decision. Review Board. The rule also makes not longer than six months to protect conforming changes to the regulations the public interest, or unless extended Response: It should be noted that concerning HUD’s hearing officers and with the mortgagee’s agreement. The Board sanctions are substantially approval of Title I lenders, consistent amendments also clarified that the term different from suspensions and with the revisions herein and in the ‘‘mortgagee’’ includes a lender or loan debarments. Unlike those sanctions, recent revisions to 24 CFR part 24. The correspondent approved under Title I of which have Government-wide effect, the changes to the Mortgagee Review Board the National Housing Act. most severe Board sanction involves actions are intended to follow more In addition, the final rule reinstates a withdrawal of a mortgagee’s license, closely the statutory provisions set forth provision of 24 CFR 25.9 that the previously granted by the Department, at 12 U.S.C. 1708(c). These revisions are Department inadvertently deleted by a to participate in the insured mortgage necessary to comply with the September 9, 1993 revision to the rule programs of the Federal Housing President’s directive to streamline (58 FR 47379). This section (former Administration (FHA). Board sanctions agency operations throughout the § 25.9(x)) cited as grounds for an are imposed only after the subject executive branch. The revisions are also administrative action the failure by a mortgagees have received advance an element in the Government mortgagee to remit, or timely remit, notice of the allegations against them reinvention process at the Department. mortgage insurance premiums, loan and an opportunity to respond to those EFFECTIVE DATE: August 31, 1995. insurance charges, late charges, or allegations. A majority of the Board, interest penalties to the Department. composed of several of the Department’s FOR FURTHER INFORMATION CONTACT: The final rule revises the current highest officials, must vote to impose a Emmett N. Roden, Assistant General § 25.9(x) and moves the miscellaneous sanction. Considerable independence is Counsel for Administrative Proceedings, offense provision at § 25.9(w) to a more thus statutorily guaranteed with respect Office of General Counsel, Department logical position at the end of § 25.9. The to every Board action. of Housing and Urban Development, rule also restores provisions limiting 451 7th Street, SW., Room 10251, Furthermore, the governing statute discovery in § 25.8 that the Department Washington, DC 20410, telephone (202) provides, at section 202(c)(4)(B), that inadvertently deleted in the proposed 708–2350. The telephone number for upon receipt of a request for a hearing rule. ‘‘the Board shall hold a hearing on the the hearing impaired (TDD) is (202) The rule also makes conforming 708–9300. These are not toll-free record * * *.’’ Accordingly, a hearing changes to the Department’s regulations official must be designated by the numbers. at 24 CFR parts 26 and 202, governing SUPPLEMENTARY INFORMATION: Section Board, and all hearings must be hearing officers and Title I lenders, recorded. 202(c) of the National Housing Act (12 respectively, consistent with these U.S.C. 1708(c)) established the revisions to the Board’s regulations and However, in response to this comment Mortgagee Review Board (the Board). revisions to 24 CFR part 24, published and to reflect comparable revisions to Section 202(c)(4) directs the Board to in the Federal Register June 26, 1995 the Department’s final rule on ‘‘hold a hearing on the record’’ (60 FR 33037, 33046). suspensions and debarments, published concerning certain sanctions it has in the Federal Register on June 26, taken against a mortgagee, if the Discussion of Public Comment 1995, this rule was revised to adopt mortgagee so requests within 30 days On December 20, 1994 (59 FR 65700) procedures similar to the first suggested notice of the Board’s action. However, the Department published a proposed hearing method in ACUS the Department’s regulations have rule amending 24 CFR parts 25 and 26 Recommendation Item II. Thus, a delegated the Board’s authority to hold of the Code of Federal Regulations. One hearing official designated by the Board hearings to hearing officers comment was received, from the shall conduct hearings on Board (administrative law judges and Board of Administrative Conference of the sanctions, and may, at his or her Contract Appeals judges). These United States (ACUS). discretion, refer factual disputes to an proceedings have proven extremely Comment: The commenter urged the administrative law judge, member of the time-consuming and expensive. Department to follow procedures similar Department’s Board of Contract Accordingly, this rule provides for the to those proposed in Recommendation Appeals, or other independent official Board to delegate its hearing authority 95–2, ‘‘Debarment and Suspension from for findings of fact. Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39237 Findings and Other Matters List of Subjects take administrative actions for failure to remain in compliance with the 24 CFR Part 25 National Environmental Policy Act requirements for approval in 24 CFR Administrative practice and In accordance with 40 CFR 1508.4 of 202.3(j), 202.4(a), 202.5 (a) and (c), and procedure, Loan programs—housing the regulations of the Council on 202.6 (a) and (e). and community development, Environmental Quality and 24 CFR 3. In § 25.3, definitions for ‘‘Hearing Organization and functions 50.20(k) of the Department’s regulations, officer’’ and for ‘‘Hearing official’’ are (Government agencies). the policies and procedures contained added in alphabetical order, to read as in this rule relate only to administrative 24 CFR Part 26 follows: decisions, which do not constitute Administrative practice and § 25.3 Definitions. development decisions and do not affect procedure. * * * * * the physical condition of a project area Hearing officer. An Administrative or building. Therefore, this rule is 24 CFR Part 202 Law Judge or Board of Contract Appeals categorically excluded from the Administrative practice and judge authorized by the Secretary, or by requirements of the National procedure, Home improvement, the Secretary’s designee, to issue Environmental Policy Act. Manufactured homes, Mortgage findings of fact or other appropriate insurance, Reporting and recordkeeping findings under § 25.8(d)(2). Regulatory Flexibility Act requirements. Hearing official. An official In accordance with the Regulatory Accordingly, 24 CFR parts 25, 26, and designated by the Board to conduct Flexibility Act (5 U.S.C. 605(b)), the 202 are amended as follows: hearings under § 25.8. Secretary hereby certifies that this rule PART 25ÐMORTGAGEE REVIEW * * * * * would not have a significant economic BOARD 4. Section 25.5 is amended by revising impact on a substantial number of small paragraphs (c)(1), (c)(2), and (d)(4)(iii), entities. The rule implements statutory 1. The authority citation for part 25 is to read as follows: authority intended to protect the revised to read as follows: § 25.5 Administrative actions. Department’s programs from abusive Authority: 12 U.S.C. 1708(c), 1708(d), practices, but it will have no adverse or 1709(s), 1715b and 1735(f)–14; 42 U.S.C. * * * * * disproportionate economic impact on 3535(d). (c) Suspension—(1) General. The Board may issue an order temporarily small businesses. 2. Section 25.2 is revised to read as suspending a mortgagee’s HUD/FHA follows: Executive Order 12606, The Family approval if there exists adequate The General Counsel, as the § 25.2 Establishment of Board. evidence of violation(s) under § 25.9 Designated Official under Executive The Mortgagee Review Board (the and continuation of the mortgagee’s Order 12606, The Family, has Board) was established in the Federal HUD/FHA approval, pending or at the determined that this final rule does not Housing Administration, which is in the completion of any audit, investigation, have potential for significant impact on Office of the Assistant Secretary for or other review, or such administrative family formation, maintenance, and Housing—Federal Housing or other legal proceedings as may ensue, general well-being. No significant Commissioner, by section 202(c)(1) of would not be in the public interest or in change in existing policies or programs the National Housing Act (12 U.S.C. the best interests of the Department. will result from promulgation of this 1708(c)(1)), as added by section 142 of Suspension shall be based upon rule, as those policies and programs the Department of Housing and Urban adequate evidence. relate to family concerns. Therefore, the Development Reform Act of 1989 (Pub. (2) Duration. A suspension shall last rule is not subject to review under the L. 101–235, approved December 15, for a specified period of time, but not Order. 1989). Except as limited by this part, the less than 6 months and generally not Board shall exercise all of the functions more than 1 year. The Board may extend Executive Order 12612, Federalism of the Secretary with respect to the suspension for an additional 6 administrative actions against months if it determines that the The General Counsel, as the mortgagees and lenders and such other extension is in the public interest. These Designated Official under Section 6(a) of functions as are provided in this part. time limits may also be extended upon Executive Order 12612, Federalism, has The Board may, in its discretion, the voluntary written agreement of the determined that the policies contained approve the initiation of a suspension or mortgagee. in this rule will not have substantial debarment action against a mortgagee or * * * * * direct effects on States or their political lender by any Suspending or Debarring (d) * * * subdivisions, or the relationship Official under part 24 of this subtitle A. (4) * * * between the Federal Government and The Board shall have all powers (iii) Upon receipt of the Board’s the States, or on the distribution of necessary and incident to the decision under § 25.8(e). power and responsibilities among the performance of these functions. The * * * * * various levels of government. As a Board may redelegate its authority to result, the final rule is not subject to 5. Section 25.7 is revised to read as review submissions and conduct follows: review under the Order. hearings under § 25.8. The Board may § 25.7 Notice of administrative action. Semiannual Agenda also redelegate its authority to impose administrative sanctions on the grounds Whenever the Board takes an action to This rule was listed as item 1379 in specified in §§ 25.9 (e), (h), and (u), and issue a letter of reprimand, to place a the Department’s Semiannual Agenda to take all other nondiscretionary acts. mortgagee on probation, or to suspend published on May 8, 1995 (60 FR 23368, With respect to actions taken against or withdraw a mortgagee’s approval, the 23369) under Executive Order 12866 Title I lenders and loan correspondents, Board shall promptly notify the and the Regulatory Flexibility Act. the Board may redelegate its authority to mortgagee in writing of the 39238 Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations determination. Except for a letter of based upon the facts as found, together 7. Section 25.9 is amended by revising reprimand, the notice shall describe the with any information and argument paragraphs (i), (w), (x), and (bb), and by nature and duration of the submitted by the parties and any other adding paragraph (ee), to read as administrative action, shall specifically information in the administrative follows: state the violations, and shall set forth record. the findings of the Board. The notice (2) Referral to a hearing officer or § 25.9 Grounds for an administrative action. shall inform the mortgagee of its right to other independent official. (i) The a hearing, pursuant to § 25.8, regarding hearing official may, at his or her * * * * * the administrative action (except for a discretion, refer disputed material facts (i) Failure or refusal of an approved letter of reprimand) and of the manner to a hearing officer or other independent mortgagee to comply with an order of and time in which to request a hearing. official for findings of fact. The hearing the Board, the Secretary, the hearing A supplemental notice may be issued in official may also, at his or her official, hearing officer or other the discretion of the Board to add or discretion, refer other issues to a hearing independent official to whom matters modify the reasons for the action. officer or other independent official for are referred under § 25.8(d)(2). 6. Section 25.8 is revised to read as appropriate findings. The hearing * * * * * follows: official shall provide the parties with (w) Failure to remit, or timely remit, notice of the referral. The hearing mortgage insurance premiums, loan § 25.8 Hearings and hearing request. official may reject the findings, in whole (a) Hearing request. A mortgagee that insurance charges, late charges, or or in part, only after specifically interest penalties to the Department; is issued a probation, suspension, or determining them to be arbitrary and withdrawal action is entitled to a (x) Failure to submit a report required capricious or clearly erroneous. under 24 CFR § 202.19 within the time hearing on the record. The mortgagee (ii) The provisions of part 26 of this determined by the Commissioner, or to shall submit its request for a hearing subtitle A shall be applicable to commence or complete a plan for within 30 days of receiving the Board’s proceedings before a hearing officer, corrective action under that section notice of administrative action. The with the following limitations: request shall be addressed to the Board (A) No appeal to the Secretary may be within the time agreed upon by the Docket Clerk, Department of Housing taken under §§ 26.24 through 26.26 of Commissioner; and Urban Development, 451 7th Street this subtitle A with respect to any order * * * * * SW., Washington, D.C. 20410. The or decision by the hearing officer. (bb) Breach by the mortgagee of a request shall specifically respond to the (B) Discovery shall be limited to fiduciary duty owed by it to any person violations set forth in the notice of exclude requests for answers to as defined in § 25.3, including GNMA administrative action. If the mortgagee interrogatories, requests for admissions, and the holder of any mortgage-backed fails to request a hearing within 30 days and production of documents that either security guaranteed by GNMA, with after receiving the notice of do not pertain to the appealing respect to an insured loan or mortgage administrative action, the Board’s action mortgagee, or pertain to reviews or transaction. shall become final. audits by the Department or * * * * * (b) Procedural rules. The hearing administrative actions by the Board (ee) Any other reason the Board or the official shall hold a de novo hearing against mortgagees other than the Secretary determines to be so serious as within 30 days of HUD’s receipt of the appealing mortgagee. Members of the to justify an administrative sanction. mortgagee’s request, unless the Board shall not be subject to deposition, mortgagee requests a later hearing date. nor shall they be required to testify at § 25.12 [Amended] The mortgagee or its representative shall any hearing. 8. In § 25.12, paragraph (a) is be afforded an opportunity to appear, (iii) Proceedings before a hearing amended by removing the words submit documentary evidence, present officer or other independent official ‘‘Hearing Officer,’’ from the fifth witnesses, and confront any witness the shall commence within 45 days after sentence, and by adding in their place agency presents. The parties shall not be referral by the hearing official, unless the words ‘‘hearing official,’’ and by allowed to present members of the the parties agree to an extension of time. removing the last sentence of the Board as witnesses. At the mortgagee’s The hearing officer or other paragraph. request, a transcribed record of the independent official shall issue the 9. Section 25.16 is revised to read as hearing shall be made available at cost requested findings of fact or other follows: to the mortgagee. appropriate findings to the hearing (c) Hearing location. The hearing shall official within 30 days after the § 25.16 Prohibition against modification of generally be held in Washington, D.C. conclusion of such proceedings. The Board orders. However, upon a showing of undue time limitations of this paragraph may No hearing official, hearing officer, or hardship or other cause, the hearing be extended upon issuance of a written other independent official before whom official may, in his or her discretion, notice describing good cause for such proceedings are conducted under § 25.8 order the hearing to be held in a extension. shall modify or otherwise disturb in any location other than Washington, D.C. (iv) The hearing official shall provide way an order or notice by the Board. (d) Hearing official’s a recommended decision to the Board recommendation. (1) The hearing within 15 days after the findings are § 25.17 [Removed and reserved] official shall issue written findings and issued. 10. Section 25.17 is removed and a recommended decision to the Board (v) [Reserved]. reserved. within 45 days after the conclusion of (e) Decision by the Board. The Board the hearing, unless the hearing official shall issue its decision within 15 days PART 26ÐPROCEEDINGS BEFORE A extends this period for good cause or after the hearing official issues the HEARING OFFICER refers a matter for findings of fact or recommended decision. The Board’s other appropriate findings pursuant to decision shall be mailed to the 11. The authority citation for part 26 paragraph (d)(2)(i) of this section. The mortgagee, and shall serve as the final is revised to read as follows: findings and recommendation shall be agency action concerning the mortgagee. Authority: 42 U.S.C. 3535(d). Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules and Regulations 39239 12. Section 26.1 is amended by parts 24, 25, or 200, provide otherwise. are set forth in § 25.5 of this title. Civil revising the second sentence to read as *** money penalties may also be imposed follows: 13. The authority citation for part 202 against Title I lenders in accordance continues to read as follows: with § 25.13 of this title and 24 CFR part § 26.1 Purpose. Authority: 12 U.S.C. 1703, 1709, and 30. For purposes of this section, the ** * These rules of procedure apply 1715b; 42 U.S.C. 3535(d). term ‘‘lender’’ shall also include a loan to hearings with respect to correspondent as defined in § 202.2(b). determinations by the Multifamily PART 202ÐAPPROVAL OF LENDING INSTITUTIONS AND MORTGAGEES * * * * * Participation Review Committee Dated: July 24, 1995. pursuant to 24 CFR part 200, subpart H, 14. In § 202.9, paragraph (a) is revised, Henry G. Cisneros, to hearings conducted pursuant to and paragraphs (c) and (d) are removed, Secretary. referrals by debarring or suspending to read as follows: officials under 24 CFR part 24, and to [FR Doc. 95–18790 Filed 7–31–95; 8:45 am] hearings conducted pursuant to referrals § 202.9 Administrative actions. BILLING CODE 4210±32±P by a hearing official under 24 CFR part (a) General. Administrative actions 25, unless such regulations at 24 CFR that may be taken against Title I lenders i Reader Aids Federal Register Vol. 60, No. 147 Tuesday, August 1, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING AUGUST Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. 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The document ``1955'' with ``1995'' in the title numbers are 7050-Public Inspection list and 7051-Table of above.) Contents list. The public inspection list will be updated S. 523/P.L. 104±20 immediately for documents filed on an emergency basis. NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON To amend the Colorado River FILE AND NOT THE ACTUAL DOCUMENT. Documents on Basin Salinity Control Act to public inspection may be viewed and copied in our office located authorize additional measures at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand to carry out the control of salinity upstream of Imperial telephone number is: 301±713±6905 Dam in a cost-effective manner, and for other FEDERAL REGISTER PAGES AND DATES, AUGUST purposes. 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