7 -3 0-91 Vol. 56 No. 146 Tuesday July 30, 1991

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7-30-91 Tuesday Voi 56 No. 146 Julv 30. 1991 Pages 35997-36078

a n Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991

FEDERAL REGISTER Published daily, Monday through Friday, (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclamations and Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress and other Federal agency documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless earlier filing is requested by the issuing agency. The seal of the National Archives and Records Administration authenticates this issue of the Federal Register as the official serial publication established under the Federal Register Act. 44 U.S.C. 1507 provides that the contents of the Federal Register shall be judicially noticed. The Federal Register will be furnished by mail to subscribers for $340 per year in paper form; $195 per year in microfiche form; or $37,500 per year for the magnetic tape. Six-month subscriptions are also available at one-half the annual rate. The charge for individual copies in paper or microfiche form is $1.50 for each issue, or $1.50 for each group of pages as actually bound, or $175.00 per magnetic tape. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or charge to your GPO Deposit Account or VISA or Mastercard. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 56 FR 12345.

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PUBLIC Subscriptions: Paper or fiche 202-783-3238 Magnetic tapes 275-0186 Problems with public subscriptions 275-3054 Single copies/back copies: Paper or fiche 783-3238 Magnetic tapes 275-0188 Problems with public single copies 275-3050 FEDERAL AGENCIES Subscriptions: Paper or fiche 523-5240 Magnetic tapes 275-0186 Problems with Federal agency subscriptions 523-5243 For other telephone numbers, see the Reader Aids section at the end of this issue. QI

Contents Federal Register Vol. 56, No. 146

Tuesday, July 30, 1991

Acquired Immune Deficiency Syndrome, National Energy Department Commission See also Hearings and Appeals Office, Energy Department See National Commission on Acquired Immune Deficiency NOTICES Syndrome Grant and cooperative agreement awards: Iowa et al., 36055 Agricultural Marketing Service Natural gas exportation and importation: RULES Centra Gas Manitoba, 36055 Cranberries grown in Massachusetts et al., 35997 Montana Power Co., 36056 PROPOSED RULES Honey research, promotion, and consumer information; referendum, 36014 Environmental Protection Agency RULES Agriculture Department Air quality implementation plans; approval and See Agricultural Marketing Service; Commodity Credit promulgation; various States: Corporation; Forest Service; Rural Electrification Oregon, 36006 Administration Hazardous waste program authorizations: Indiana, 36010 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Federal Communications Commission NOTICES Coast Guard Meetings; Sunshine Act, 36077 RULES Ports and waterways safety: Federal Mine Safety and Health Review Commission East Passage, Narragansett Bay, RI; safety zone, 36004 NOTICES Sparkman Channel, FL; regulated navigation area, 36005 Meetings; Sunshine Act, 36077 Commerce Department Food and Drug Administration See National Oceanic and Atmospheric Administration; National Technical Information Service RULES Organization, functions, and authority delegations: Committee for the Implementation of Textile Agreements Deputy Commissioner for Policy, 36001 NOTICES Textile consultation; review of trade: Forest Service Taiwan, 36054 NOTICES Environmental statements; availability, etc.: Commodity Credit Corporation Sequoia National Forest, CA, 36049 NOTICES Agricultural commodities procurement: Health and Human Services Department Nonagricultural ingredients, U.S. origin; contractual See Food and Drug Administration; Health Care Financing requirements, 36049 Administration; Social Security Administration

Consumer Product Safety Commission Health Care Financing Administration NOTICES PROPOSED RULES Meetings; Sunshine Act, 36077 Medicare: Defense Department Inpatient hospital prospective payment system and 1992 RULES FY rates Correction, 36030 Audits of State and local government, institutions of higher learning, and other nonprofit institutions, 36002 NOTICES Hearings and Appeals Office, Energy Department Meetings: NOTICES DLA Advisory Board, 36054 Cases filed, 36058

Education Department Housing and Urban Development Department NOTICES RULES Postsecondary education: Low income housing: PLUS and supplemental loans for student programs; Housing assistance payments (Section 8)— interest rates, 36054 Fair market rents for new construction and substantial rehabilitation; authority redelegation to Regional Employment and Training Administration Administrators, 36001 NOTICES NOTICES Adjustment assistance: Agency information collection activities under OMB review. Cooper Industries et al., 36065 38059 IV Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Contents

Organization, functions, and authority delegations: National Oceanic and Atmospheric Administratis Fair Housing and Equal Opportunity, Regional Director in RULES Region VI, 36062 Fishery conservation and management: Regional offices, etc.; order of succession— Western Pacific crustacean, 36012 Atlanta, 36063 NOTICES Environmental statements; availability, etc.: Immigration and Naturalization Service National Marine Sanctuary designations— PROPOSED RULES Kahoolawe Island, HI; meetings, 36050 Immigration: Fishery conservation and management: Nonimmigrant visas or passports; waivers due to South Atlantic snapper-grouper, 36052 unforeseen emergency, 36028 Meetings: National Fish and Seafood Promotional Council, 36052 Interior Department North Pacific Fishery Management Council, 36053 See Land Management Bureau; National Park Service National Park Service NOTICES International Trade Commission Environmental statements; availability, etc.: NOTICES George Washington Memorial Parkway, Potomac Greens Meetings; Sunshine Act, 36077 development, VA, 36063 Meetings:* Interstate Commerce Commission Civil War Sites Advisory Commission, 36064 NOTICES National Register of Historic Places: Meetings; Sunshine Act, 36078 Pending nominations, 36064 Railroad operation, acquisition, construction, etc.: Adrian & Blissfield Rail Road Co., 36064 National Science Foundation NOTICES Justice Department Committees; establishment, renewal, termination, etc.: See Immigration and Naturalization Service Antarctic Pollution Control Task Group, 36068 Meetings: Labor Department Experimental Programs Proposal Review Panel, 36068 See Employment and Training Administration National Technical Information Service Land Management Bureau NOTICES NOTICES Patent licenses, non-exclusive, exclusive, or partially Meetings: exclusive: Susanville District Advisory Council, 36063 Alton Dean Medical, Inc., 36053

Mine Safety and Health Federal Review Commission Nuclear Regulatory Commission See Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 36078 National Aeronautics and Space Administration Radioactive.material; below regulatory concern; policy NOTICES statement implementation deferral, 36068 Meetings: Personnel Management Office Space Systems and Technology Advisory Committee, NOTICES 36065 Agency information collection activities under OMB review, 36069, 36070 National Archives and Records Administration (2 documents) NOTICES Agency records schedules; availability, 36066 Public Health Service See Food and Drug Administration National Commission on Acquired Immune Deficiency Syndrome Rural Electrification Administration NOTICES PROPOSED RULES Meetings, 36066 Rural development: Loan and grant program, 36014 National Foundation on the Arts and the Humanities Securities and Exchange Commission NOTICES NOTICES Meetings: Self-regulatory organizations; proposed rule changes:. Media Arts Advisory Panel, 36067 Chicago Board Options Exchange, Inc., 36070 Museum Advisory Panel, 36067 Depository Trust Co., 36071 (2 documents) New York Stock Exchange, Inc., 36072 Pacific Stock Exchange, Inc., 36073 National Highway Traffic Safety Administration Self-regulatory organizations; unlisted trading privileges: PROPOSED RULES Pacific Stock Exchange, Inc., 36074 Importation fees schedule, 36046 Philadelphia Stock Exchange, Inc., 36074 NOTICES Applications, hearings, determinations, etc.: Motor vehicle safety standards; exemption petitions, etc.: Gould Investors L.P., 36074 Takata-Gerico Corp., 36075 Timberland Co., 36074 Federal Register / Vol. 56, No. 146 / Tuesday, July 30,1991 / Contents V

Social Security Administration RULES Social security benefits: Elementary or secondary school students; full-time attendance, 35998 Supplemental security income: Death benefits spent on last illness and burial, 35999

State Department PROPOSED RULES Visas; nonimmigrant documentation: Visa or passport waivers due to unforeseen emergency, 36029

Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements

Transportation Department See Coast Guard; National Highway Traffic Safety Administration

Reader Aids Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue. VI Federal Register // VoL 56, N q. 146 / Tuesday, July 30,1991 / Contents

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.

7 CFR 929...... 35997 P roposed Rules: 1240...... 36014 1703...... 36014 8 CFR Proposed Rules: 212...... 36028 20 CFR 404...... 35998 416...... 35999 21 CFR 5...... 36001 22 CFR Proposed Rules: 41 ______36029 24 CFR 880 ...... 36001 881 ...... 36001 32 CFR 266...... 36002 33 CFR 165 (2 documents)...... 36004, 34005 40 CFR 52______36006 271...... 36010 42 CFR Proposed Rules: 412 ______36030 413 ______36030 49 CFR Proposed Rules: 594______36046 50 C FR 6 8 1 ___ 36 0 12 35997 Rules and Requlations Federal Register Vol. 56, No. 146

Tuesday, July 30, 1991

This section of the FEDERAL REGISTER in effect from May 9,1991 through May referendum should be conducted to contains regulatory documents having 31,1991. determine if producers favor the general applicability and legal effect, most FOR FURTHER INFORMATION CONTACT: continuance of the cranberry marketing of which are keyed to and codified in Maureen T. Pello, Marketing Specialist, order. That date is specified in the Code of Federal Regulations, which is Marketing Order Administration Branch, § 929.68(d) of the order. The suspension published under 50 titles pursuant to 44 was unanimously recommended by the U.S.C. 1510. F&V, AMS, USDA, room 2525-5, P.O. The Code of Federal Regulations is sold Box 96456, Washington, DC 20090-6456 Committee at its March 6,1991, meeting. by the Superintendent of Documents. telephone: (202) 475-3920. Section 929.68(d) of the order provided Prices of new books are listed in the SUPPLEMENTARY INFORMATION: This that the Secretary shall conduct a first FEDERAL REGISTER issue of each suspension is issued under Marketing referendum during the month of May w eek. Order No. 929 (7 CFR part 929), as 1975 to ascertain whether continuance amended, regulating the handling of of this part is favored by the producers, cranberries grown in 10 states. The and that the Secretary shall conduct order is effective under the Agricultural such a referendum during the month of DEPARTMENT OF AGRICULTURE Marketing Agreement Act of 1937, as May of every fourth year thereafter. A continuance referendum was therefore Agricultural Marketing Service amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” scheduled to be conducted in May 1991. 7 CFR Part 929 This rule has been reviewed by the In August 1989, the Committee Department in accordance with recommended several amendments to [FV-91-265 FR] Departmental Regulation 1512-1 and the the marketing order. The Administrator criteria contained in Executive Order issued a Recommended Decision Cranberries Grown in States of (January 18,1991, 56 FR 1938) on these Massachusetts, Rhode Island, 12291 and has been determined to be a “non-major” rule. amendments. Exceptions to the Connecticut, New Jersey, Wisconsin, Recommended Decision were due on Michigan, Minnesota, Oregon, Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the March 15,1991. Under the applicable Washington, and Long Island in the rules of practice (7 CFR part 900), the State of New York; Suspension of a Administrator of the Agricultural Marketing Service (AMS) has next step in the amendment process is Provision Regarding the Month in for the Secretary to consider the record Which To Conduct a Continuance considered the economic impact of this rule on small entities. including any exceptions to the Referendum Under the Cranberry Recommended Decision and then issue Marketing Order The purpose of the RFA is to fit regulatory actions to the scale of a Secretary’s Decision and, if warranted, AGENCY: Agricultural Marketing Service, business subject to such actions in order a Referendum Order. Without this USDA. that small businesses will not be unduly suspension, it was possible that any a c t io n : Final rule. or disproportionately burdened. referendum on the order amendments Marketing orders issued pursuant to the would coincide with or closely follow a SUM M ARY: The Agricultural Marketing Act, and rules issued thereunder, are continuance referendum. Service is adopting, without unique in that they are brought about Therefore, the provisions regarding modification, as a final rule the through group action of essentially small the May 1991 continuance referendum provisions of a temporary suspension of entities acting on their own behalf. were temporarily suspended from May an order provision which required a Thus, both statutes have small entity 9,1991, through May 31,1991, in order to continuance referendum to be orientation and compatibility. allow the Department to complete the conducted on the marketing order for There are approximately 30 handlers amendatory proceeding prior to cranberries grown in 10 States during of cranberries subject to regulation conducting a continuance referendum. the month of May 1991. (56 FR 21444, under the cranberry marketing order Although the suspension postpones the May 9,1991). The order currently and approximately 950 producers in the next continuance referendum for the specifies that a continuance referendum regulated area. Small agricultural cranberry marketing order until May should be conducted every four years in producers have been defined by the 1995, as provided in § 929.68(d), the the month of May, commencing in 1975. Small Business Administration (13 CFR Committee also recommended that the The suspension of the continuance 121.2) as those having annual receipts of Secretary conduct a continuance referendum date allows the U.S. less than $500,000, and small agricultural referendum prior to May 1992. We Department of Agriculture (Department) service firms are defined as those whose expect that such continuance to delay conducting a continuance annual receipts are less than $3,500,000. referendum would be conducted referendum until 1992, as recommended The majority of handlers and producers sometime between January 1992 and by the Cranberry Marketing Committee of cranberries may be classified as May 1992, following the cranberry (Committee). The Committee is small entities. harvest. responsible for local administration of This action finalizes the May 9,1991 This action will not have a significant the marketing order. (56 FR 21444) suspension of the economic impact on small producers or DATES: The partial suspension of provision in the order which specified handlers. The temporary suspension of § 929.68 published on May 9,1991 was the month in which a continuance the order provision allows the Secretary 35998 Federal Register / VoL 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations to conduct a continuance referendum DEPARTMENT OF HEALTH AND For example, in the case of Haberman later than the May 1991 date specified in HUMAN SERVICES v. Finch, 418 F. 2d 664 (2d Cir. 1969), a the order. Thus, there is no significant claimant had been forced to discontinue economic impact anticipated. Social Security Administration her schooling at age 14 because of a No comments were received on the 20 CFR Part 404 serious illness. When she was able to temporary suspension dining the resume school at age 17, she applied for comment period which ended on May RIN 0960-AC83 admission to the public and private 24.1991. schools where she lived, and was told Based on available information, the Full-Time Attendance by Elementary or Secondary School Student by school authorities that she was too Administrator of the AMS has old to enroll as a full-time high school determined that the issuance of this rule AGENCY: Social Security Administration, day student The only program available will not have a significant economic HHS. to her was an evening high school impact on a substantial number of small program at a fully accredited private ACTIO N: Final rule. entities. school that enabled her to take 16J4 After consideration of all available Su m m a r y : We are amending our rule on hours of class per week: This scheduled information, it is found that the second full-time attendance by an elementary or attendance was considered to be the sentence in § 929.68(d), does not tend to secondary school student to provide equivalent of full-time day instruction. effectuate the declared policy of the Act that, in some situations, we may The court held that where a child takes for the period specified herein and determine that scheduled attendance of the maximum number of hours available should be temporarily suspended for fewer than 20 hours per week will be in the only accredited school program that period. considered full-time attendance for available to the child and meets the other conditions for entitlement to Pursuant to 5 U.S.C. 553, it is also purposes of entitlement to child's insurance benefits. We believe that this child’s benefits, there should be little found and determined that good cause question of the child’s right to receive exists for not postponing the effective amendment will enable us to fulfill more equitably the intent of Congress in benefits under a limited exception to the date of this action until 30 days after providing these benefits. 20-hour rule. publication in the Federal Register For the above reasons, we are because this final rule is an adoption, EFFECTIVE DATE: This rule is effective July 30,1991. amending § 404.367(b) to provide for without modification, of a temporary exceptions to the 20-hour rule where the suspension of an order provision which FOR FURTHER INFORMATION CONTACT: student is considered to be full-time for was suspended from May 9 through May Jack Schanberger, Legal Assistant, 3-B-l day students under the school’s 31.1991. Operations Building, 6401 Security standards and practices and either the Boulevard, Baltimore, MD 21235, (301) List of Subjects in 7 CFR Part 29 school does not schedule at least 20 965-8471. hours per week for the child and Cranberries, Marketing agreements, SUPPLEMENTARY INFORMATION: With attending that school is the student’s Reporting and recordkeeping several exceptions, child’s insurance only reasonable alternative, or the requirements. benefits under the Social Security Act student’s medical condition prevents (the Act) usually terminate when fire him or her from scheduled attendance of For the reasons set forth in the child attains age 18. One exception at least 20 hours per week. We believe preamble, 7 CFR part 929 is amended as allows benefits for persons under age 19 that this modification to our rules is follows: who are full-time elementary or consistent With the intent of Congress secondary school students. that child’s insurance benefits be paid to PART 929—CRANBERRIES GROWN IN Section 202(d)(7)(A) of the A ct 42 full-time elementary or secondary THE STATES OF MASSACHUSETTS, U.S.C. 402(d)(7)(A) provides that a full­ school students under age 19 who have RHODE ISLAND, CONNECTICUT, NEW time elementary or secondary school suffered a loss of parental support Our JERSEY, WISCONSIN, MICHIGAN, student is an individual who is in full­ experience has shown that 20 hours per MINNESOTA, OREGON, WASHINGTON, time attendance as a student at an week is a reasonable attendance AND LONG ISLAND JN THE STATE OF elementary or secondary school, as standard for most students, but that NEW YORK determined by the Secretary of Health there is a need to provide for and Human Services, in accordance exceptional situations, such as the one 1. The authority citation for 7 CFR with regulations prescribed by him, in presented m Haberman, where students part 929 continues to read as follows: the light of the standards and practices are prevented by reasons beyond their Authority: Secs. 1-19, 48 Stat. 91, as of the schools involved. control from enrolling in a program that extended: 7 U.S.C. 801-674. Our regulation requires that an provides for attendance of at least 20 elementary or secondary school student hours per week. 2. Accordingly, the temporary must be scheduled to attend school at Discussion of Comments suspension of the order provision in least 20 hours per week to be considered § 929.68(d), from May 9,1991 through a full-time student. Our experience has On September 8,1990, a proposed rule May 31,1991, which was published at 56 shown that this is generally a was published in the Federal Register at FR 21444 on May 9,1991, is adopted as a reasonable standard. However, we are 55 FR 36656 with a 60-day comment final rule without change. aware that there are some unique period. We received comments from one Dated: July 17.1991. situations in which students are enrolled individual. The commenter believes that jo Ann R. Smith. for full-time attendance under fixe the school’s statement that a student is Assistant Secretary, Marketing and school’s standards and practices but, prevented from enrolling for at least 20 Inspection Services. because of special circumstances, the hours per week should be sufficient students are unable to schedule cause to grant an exception. Paragraph [FR Doc. 91-17566 Filed 7-29-91; 8:45 am] attendance of at least 20 hours per (b)(2) of this final regulation § 404.367 BILLING CODE 3410-02-M week. provides that we may request medical ■Federal Register / Vol 56, Mo. 146 / Tuesday, July 30,1991 j Rules and "Regulations 35999 evidence or a statement from the school. List of Subjects in 20 CFR Part 404 we may request that you provide In many cases, we may find that the Administrative practice and appropriate medical evidence or a statement from the school is sufficient procedure; Death benefits; Disability statement from the school. * >* M * <1# evidence to support a determination that benefits; Old-Age, Survivors, and the exception has been met. In order to Disability Insurance. [FR Doc. 91-17963 Filed 7-29-91; 8:45 am] ensure that benefits under die Act are paid properly, however, we believe that Dated: May 8,1991. BILLING CODE 4190-29-M we must reserve the right to seek Gwendolyn S. King, additional evidence, and possibly to Commissioner ofSociai Security. 20 CFR Part 416 reject the statement from the school, Approved: June 26,1991. when appropriate. Accordingly, we have Louis W. Sullivan, [Regulations No. 16] not changed the final rule. Secretary of Health and Human Services. The commenter also suggests that we RIN C960-AC52 amend our regulation to provide that For the reasons set out in the benefits may be paid to a high school preamble, Subpart D of part 404 of 20 Supplemental Security Income for the student who is no older than 20 years CFR chapter HI is amended as follows: Aged, Blind, and Disabled; Death old. However, the age at which child’s Benefits Spent on Last Illness and insurance benefits payable to a full-time PART 404—FEDERAL OLD-AGE, Burial elementary or secondary school student SURVIVORS, AND DISABILITY must cease is prescribed by statute in INSURANCE (1950- ) AGENCY: Social Security Administration, sections 202(d)(1) and 202(d)(7)(D) of the tL The authority citation for subpart D HHS. Act, as reflected in § 404.352(b)(1) of our continues to read as follows: a c t io n : Final rule. regulation. Although there are limited Authority: Secs. 202, 203 (a) and (b), 205(a), circumstances in which a student may SUM M ARY: The regulations are being 210, 223, 228(a)-(e), and 1102 of the Social amended to include the provisions of continue to receive benefits for a few Security Act; 42 U.S.C. 402, 403 (a) and (b), months after he or she attains age 19, section 9120 of Public Law 100-203 (the 405(a), 418,423, 428(a)-(e), and 1302. Omnibus Budget Reconciliation Act of the statute does not permit the extension 2. Section 404.367 is amended by suggested by the commenter. For the 1987) enacted December 22,1987. revising the introductory text and Section”9120, which became effective reasons stated above, we have not paragraph (b) to read as follows: revised the proposed rule based on the April 1,1988, amended section 1612(a)(2) (D) and (E) of the Social Security Act comments. § 404.367 When you are a “full-time We have, however, replaced the elementary or secondary school student.” (the Act) to provide that payments to an reference to an “illness” in individual (including gifts and Beginning August 1982, you may be inheritances) occasioned by the death of § 404.367(b)(2) with a reference to a eligible for child’s benefits if you .axe a “medical condition” because we believe another person will not be considered full-time elementary or secondary income for supplemental security that this broader reference more clearly school student. For the purposes of expresses our policy. income (SSI) purposes to the individual determining whether the conditions of receiving them to the extent that they Regulatory Procedures entitlement are met throughout the first are used to pay for the deceased month as stated in § 404.352(a) (2) (i), if Executive Order No. 12291 person’s last illness and burial. In you are entitled as a student on the addition, the final rule provides that The Secretary has determined that basis of attendance at an elementaiy or death benefits to be spent on a last this is not a major rule under Executive secondary school, you will be illness and burial, if not yet spent by the Order 12291 because the small number considered to be in full-time attendance first, of die month following the month of of cases involved will result in negligible for a month during any part of which receipt, will not be considered as program and administrative costs. you are in full-time attendance. You are resources of the individual receiving Therefore, a regulatory impact analysis a full-time elementary or secondaiy them for lxabendar month after the is not required. school student if youmeet all the month of receipt. The purpose of this following conditions: change in the regulations is to allow a Regulatory Flexibility Act * * * * , * reasonable time for die death benefits to We certify that this final rule will not (b) You are in full-time attendance in be used for payment t>f debts accruing have a significant economic impact on a a day or evening noncorrespondence from the deceased person’s last illness substantial number of small entities course of at least U3 weeks duration and and burial before those death benefits since this rule affects only the are carrying a subject load which is affect the SSI eligibility df the individual entitlement of individuals to monthly considered full-time for day students who received them. benefits. Therefore, a regulatory under the institution’s standards and flexibility analysis as provided in Public practices. Additionally, your scheduled EFFECTIVE DATE: July 30,1991. Law 96-354, the Regulatoiy Flexibility attendance must be at the rate of at FOR FURTHER INFORMATION CONTACT: Act, is not required. least 20 hours per week unless we find Duane Heaton, Legal Assistant, 3-B-l that: Operations Building, 6401 Security BlvcL, Paperwork Reduction Act (1) The school attended does not Baltimore. MD 21235, (301) 965-8470. This final rule imposes no additional schedule at least 20hours per week and SUPPLEMENTARY INFORMATION: U nder reporting and recordkeeping going to that particular school is your the law prior to the enactment of Public requirements subject to Office of only reasonable alternative; or Law 100-2G3 (the Omnibus Budget Management and Budget clearance. (2) Your medical condition prevents Reconciliation Act of 1987), when an (Catalog of Federal Domestic Assistance you from having scheduled attendance individual received payments 3&s a Program No8.U3.803 SociaLSecurity— of at least 2R hours per week. To prove beneficiary of a life insurance policy, the Retirement insurance; 93:805 Social that your medical condition prevents payments were counted as income for Security—Survivors Insurance) you from schadulipg.20 hours per week, SSI purposes except for any amount up 36000 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations to $1,500 that the individual spent for the Public comment Regulatory Flexibility Act insured’s last illness and burial A notice of proposed rulemaking We certify that these final regulations expenses. Illness and burial expenses (NPRM) was published on April 30,1990, will not have a significant impact on a include related hospital and medical substantial number of small entities expenses, funeral, burial plot and at 55 FR17999. A 60-day comment period was provided. The comment because they affect only individuals. interment expenses, and other related Therefore, a regulatory flexibility costs. period ended June 29,1990. We received one comment. The comment was from analysis as provided in Public Law 96- Section 9120 of Public Law 100-203 an individual who generally supported 354, the Regulatory Flexibility Act, is not removed the $1,500 limit on the amount the NPRM. We have summarized and required. of the proceeds of a life insurance policy that would not be treated as income if responded to the individual’s comment Paperwork Reduction Act of 1980 below. spent on the last illness and burial of the These final regulations impose no deceased and also removed from Comment reporting and recordkeeping consideration as income for SSI The commenter suggested that since requirements necessitating clearance by purposes other payments occasioned by the Office of Management and Budget. the death of a person, including gifts and many vendors, such as medical, funeral, inheritances, which are spent on the and burial service providers, are slow in (Catalog of Federal Domestic Assistance deceased person’s last illness and billing, the regulations should provide, in Program No. 93.807, Supplemental Security burial. Sections 416.1121 (e) and (g) of the case of an estate, that SSA will wait Income Program) the regulations are revised to reflect until the time for the filing of creditor’s List of Subjects in 20 CFR Part 416 these statutory changes. Section 9120, claims against the estate has expired, as however, made no change regarding the determined under the State law, before Administrative practice and treatment of these funds as resources for counting for SSI purposes any portion of procedure, Aged, Blind, Disability SSI purposes. Under current policy and the death benefits. benefits, Public assistance programs, Supplemental Security Income. regulations, death benefits retained until Response the month following the month of receipt Dated: May 8,1991. are considered countable resources. We understand that there may be Gwendolyn S. King, Recognizing that the recipient of death cases where the billing for services is Commissioner of Social Security. slow. However, this does not preclude benefits who uses all or part of those Approved: June 12,1991. benefits to pay the expenses of the the individual from requesting a bill deceased person’s last illness and burial from the service provider. In the event Louis W. Sullivan, may not always be able to do so in the the funeral service provider is unknown, Secretary of Health and Human Services. same month in which he or she receives this information may be obtained from For the reasons set out in the them, the final rule at § 416.1201(a)(4) the family members of the decedent, the preamble, part 416 of title 20 of the Code also would make a change in current person administering the decedent’s of Federal Regulations is amended as policy regarding treatment of these estate, or from the obituaries in the local follows: funds as resources. In order to allow a newspaper. The attending physician can 1. The authority citation for subpart K reasonable time for payment of the provide information as to the hospitals of part 416 is revised to read as follows: expenses of the deceased person’s last involved and the medical services that Authority: Secs. 1102,1602,1611,1612,1613, illness and burial before the death he or she authorized. 1614(f), 1621, and 1631 of the Social Security benefits affect the SSI eligibility of the As indicated elsewhere in this Act; 42 U.S.C. 1302,1381a, 1382,1382a, 1382b, recipient, these final regulations provide preamble, we have provided a l382c(f), 1382], and 1383; sec. 211 of Pub. L. that death benefits to be spent on reasonable amount of time, not less than 93-66, 87 Stat. 154; sec. 2639 of Pub. L. 98-369; outstanding debts resulting from the last 28 days or more than 61 days depending 98 Stat. 1144. illness and burial will not be considered on when the benefits were received, for resources of the individual receiving 2. In § 416.1121, paragraphs (e) and (g) payment of these expenses before we are revised to read as follows: them for the calendar month after the count the benefits received which were month of receipt. occasioned by the death of another § 416.1121 Types of unearned income. We believe that such a change in the person as a resource. We believe that ***** resources rule is consistent with, and this time period is sufficient for payment (e) Death benefits. We count will help effectuate, the legislative intent of these expenses without creating payments you get which were underlying section 9120 of Public Law hardship on the part of the SSI recipient occasioned by the death of another 100-203. That intent was to prevent a and, at the same time, is person except for the amount of such reduction or cessation of SSI benefits on administratively efficient. Therefore, we payments that you spend on the account of receipt of death benefits not are rejecting the change suggested. deceased person’s last illness and burial intended to assist the recipient in We are adopting these regulations as expenses. Last illness and burial meeting needs of food, clothing, or proposed. expenses include related hospital and shelter where these benefits are used to Regulatory Procedures medical expenses, funeral, burial plot pay the expenses of the deceased’s last and interment expenses, and other illness and burial. The 1-month grace Executive Order No. 12291 period will enable the recipient to use related costs. these benefits to meet burial expenses The Secretary has determined that Example: If you receive $2,000 from your without suffering the loss of SSI benefits this is not a major rule under Executive uncle’s life insurance policy and you spend and thus will effectuate this intent. We Order 12291, because the program and $900 on his last illness and burial expenses, the balance, $1,100, is unearned income. If are promulgating this change based on administrative costs will be insignificant you spend the entire $2,000 for the last illness the Secretary’s general rulemaking and savings are estimated at less than and burial, there is no unearned income. authority conferred by sections 1102 and $1 million a year. Therefore, a regulatory 1831(d)(1) of the Act. impact analysis is not required. * * * * * Federal Register / Vol. 56, No. 146 / Tuesday, July 60, 1991 / Hides and Regulations 36001

(g) Gifts and inheritances. A gift is notices and regulations. This action is paragraph (f) and by adding a new something you receive which is not being taken to reflect an organizational paragraph (e) to read as follows: repayment to you for goods or services change in the Office of the you provided and which is not given to Commissioner. This action is an interim § 5.20 General redelegations of authority you because of a legal obligation on the from the Commissioner to other officers of measure that may be supplemented in the Food and Drug Administration. giver’s part. An inheritance is something the future by additional or revised * * * . * * that comes to you as a result of delegations. This action does not affect someone’s death. It can be in cash or in previous delegations to FDA's center (e)(1) The Deputy Commissioner for kind, including any right in real or directors or other officials to issue Policy is authorized to perform any of personal property. Gifts and specific types of regulations or notices. the functions of the Commissioner of Food and Drugs with respect to the inheritances occasioned by the death of EFFECTIVE DATE: July 30,1991. another person, to the extent that they issuance of Federal Register notices and are used to pay the expenses of the FOR FURTHER INFORMATION CONTACT: proposed and final regulations of the deceased’s last illness and burial, as Ellen Rawlings, Division of Management Food and Drug Administration. defined in paragraph (e) of this section, Systems and Policy (HFA-300), Food (2) The Deputy Commissioner for are not considered income. and Drug Administration, 5600 Fishers Policy is authorized to issue responses ***** Lane, Rockville, MD 20857, 301-443- to the following matters under part 10 of 3. The authority citation for subpart L 4976. this chapter as follows: of part 416 is revised to read as follows: SUPPLEMENTARY INFORMATION: FDA is (i) Requests for waiver, suspension, or amending the delegations of authority modification of procedural requirements Authority: Secs. 1102,1602,1611,1612,1613, 1614(f), 1621, and 1631 of the SociaTSecurity under § 5.20 General redelegations of under §10.19; Act; 42 U.S.C. 1302,1381a, 1382,1382a, 1382b, authority from the Commissioner to (ii) Citizen petitions under § 10.30; 1382c(f), l382j, and 1383; sec. 211 of.Pub. L. other officers of the Food and Drug (in) Petitions for reconsideration 93-66; 87 Stat. 154. Administration {21 CFR 5.20) to under §10.33; redelegate to the Deputy Commissioner 4 . In § 416.1201(a), paragraph (a)(4) is (iv) Petitions for stay under §10.35; or added to read as follows: for Policy the authority to approve (v) Requests for advisory opinions notices and regulations. This under § 10.85. § 416.1201 Resources; general. redelegation reflects an organizational (3) With respect to any matter (a) Resources; defined. * **• * change in the Office of the delegated to the Deputy Commissioner ***** Commissioner. for Policy under this paragraph, the (4) Death benefits, including gifts and Further redelegation of the authority Deputy Commissioner for Policy is inheritances, received by an individual, delegated is not authorized. Authority authorized to perform the functions of to the extent that they are not income in delegated to a position by title may be the Commissioner under § § 10.40,10.45, accordance with paragraphs (e) and (g) exercised by a person officially 10.50,10.55,10.60,10.65,10.80,10.90, and of § 416.1121 because they are lo be designated to serve in suchposition in 10.95 and of the Deputy Commissioner spent on costs resulting bom the last an acting capacity or on a temporary under § 10.206 (g) and (h) of this chapter. illness and burial of the deceased, are basis. * * * * * not resources for the calendar month Dated: July 25,1991. List of Subjects in 21 CFR Parts following die month of receipt. David A. Kessler, However, such death benefits retained Authority delegations (Government Commissioner of Food and Drugs. until the first moment of the second agencies), Imports, Organization and [FR Doc. 91-18141 Filed 7-29-91; 8:45 am) functions (Government agencies). calendar month following their receipt BILUNG CODE 4160-01-M are resources at that time. * .* •** -* t* Therefore, under the Federal Food, Drug, and Cosmetic Act and under [FR Doc. 91-17964 Filed 7-29-91; 8:45 am] authority delegated to the Commissioner DEPARTMENT OF HOUSING AND BILLING CODE 4190-29-M of Food and Drugs, 21 CFR part 5 is URBAN DEVELOPMENT amended as follows: Office of the Assistant Secretary for Food and Drug Administration PART 5—DELEGATIONS OF Housing-Federal. Housing AUTHORITY AND ORGANIZATION 21 CFR Part 5 Commissioner 1. The authority citation for 21 CFR 24 CFR Parts 880 and 881 Delegations of Authority and part 5 continues to read as follows: Organization; Office of the Authority: 5 U.S.C. 504, 552, App. 2; 7 U.S.C. [Docket No. R-91-1544; FR-2950-F-01] Commissioner 2271; 15 U.S.C.638,1261-1282, 3701-3711a; secs. 2-12 of the Fair Packaging and Labeling RiN 2502-AF31 a g e n c y : Food and Drug Administration, Act (15 U.S.C. 1451-1461); 21U.S.C. 41-50, 61- HHS. 63,141-149, 467f, 679(b), 801-886,1031-1309; Section 8 Housing Assistance ACTION: Final rule. secs. 201-903 of the Federal Food, Drug, and PaymentsiProgram for New Cosmetic Act (21 U.SJC. 321-393); 35 U.S.C. s u m m a r y : The Food and Drug Construction and Substantial 156; secs. 301,302, 303, 307,310, 311, 351,352, Rehabilitation—Fair Market Rents, Administration (FDA) is amending the 354-360F, 361, 362,1701-1706, 2101 of the regulations for delegations ofauthority Public Health Service Act (42 U.S.C. 241,242, Redelegation of Authority to Regional relating to general redelegations of 242a, 242L 242n, 243, 262, 263, 263b-283n, 264, Administrators 265, 300u-300u-5, 300aa-l); 42 U.S.C. 1395y, authority from the Commissioner of AGENCY: Office of the Assistant Food and Drugs to other officers of the 3246b, 4332, 4831(a), 10007-10008; E .0 .11490, 11921, and 12591. Secretary for Housing—Federal Housing Food and Drug Administration to Commissioner, HUD. redelegate to the Deputy Commissioner 2. Section 5.20 is amended by ACTIO N: Final rule. for Policy the authority to approve redesignating paragraph (e) as 36002 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations s u m m a r y : This rule redelegates to economy of $100 million or more; (2) Authority: Secs. 3, 5, and 8, U.S. Housing Regional Administrators the authority to cause a major increase in costs or prices Act of 1937 (42 U.S.C. 1437a, 1437c, and approve gross rents which exceed the for consumers, individual industries, 1437f); sec. 7(d), Department of Housing and published Fair Market Rents (FMRs) by Federal, State, or local government Urban Development Act (42 U.S.C. 3535(d)). up to 20 percent. This redelegation of agencies, or geographic regions; or (3) 2. Paragraph (b)(l)(i)(B) of § 880.204 is authority to the Regional Administrator have a significant adverse effect on revised to read as follows: will reduce the number of routine rent competition, employment, investment, productivity, innovation, or the ability of § 880.204 Limitations on contract rents, prerogative reviews and approvals at replacement costs and amenities. the Headquarters level. the United States-based enterprises to ***** EFFECTIVE DATE: August 29, 1991. compete with foreign-based enterprises in domestic or export markets. (b)(1)------FOR FURTHER INFORMATION CONTACT: (i)* * t Linda Cheatham, Acting Director, Office The Regulatory Flexibility Act (B) Except in the case of the rental of of Insured Multifamily Housing In accordance with 5 U.S.C. 605(b) a manufactured home space only, by up Development, Department of Housing (the Regulatory Flexibility Act), the to 20 percent with the approval of the and Urban Development, room 6134, 451 Undersigned hereby certifies that this Regional Administrator. Seventh Street, SW., Washington, DC rule does not have a significant * * * * * 20410. Telephone (202) 708-3000. (This is economic impact in a substantial not a toll-free number.) number of small entities, because it PART 881—SECTION 8 HOUSING SUPPLEMENTARY INFORMATION: This rule merely effects a redelegation of ASSISTANCE PAYMENTS PROGRAM amends 24 CFR parts 880 and 881 to authority. FOR SUBSTANTIAL REHABILITATION redelegate to the Regional Administrator the authority to approve gross rents Executive Order 12612, Federalism 3. The authority for part 881 continues which exceed published Fair Market The General Counsel, as the to read as follows: Rents (FMRs) by up to 20 percent. Before Designated Official under section 6(a) of Authority: Secs. 3, 5, and 8, U.S. Housing promulgation of this redelegation, this Executive Order 12612, Federalism, has Act of 1937 (42 U.S.C. 1437a, 1437c, and authority was reserved to the Assistant determined that this rule does not have 1437f); sec. 7(d), Department of Housing and Secretary for Housing. This redelegation "federalism implications” because it Urban Development Act (42 U.S.C. 3535(d)). of authority to the Regional does not have substantial direct effects 4. Paragraph (b)(l)(i)(B) of § 881.204 is Administrator will reduce the number of on the States (including their political revised to read as follows: routine rent prerogative reviews and subdivisions), or on the distribution of approvals at the Headquarters level. power and responsibilities among the § 881.204 Limitations on contract rents, replacement costs and amenities. In compliance with 24 CFR 10.1, the various levels of government. ***** Department has determined that notice Executive Order 12606, the Fam ily and public procedure may be omitted in (b)(1) * * * the promulgation of this final rule. The General Counsel, as the (i)* * * Inasmuch as this rule governs the Designated Official under Executive (B) Except in the case of the rental of Department’s internal procedure for Order 12606, the Family, has determined a manufactured home space only, by up approvals of gross rents which exceed that this rule does not have potential to 20 percent with the approval of the significant impact on family formation, Regional Administrator. the published Fair Market Rents (FMRs) ***** by up to 20 percent, notice and public maintenance, and general well-being. procedure are unnecessary. Semiannual Agenda of Regulations Dated: July 3,1991. Arthur J. Hill, Other Matters This rule was not listed in the Assistant Secretary for Housing-Federal Environmental Review Department’s Semiannual Agenda of Housing Commissioner. Regulations published on April 22,1991 [FR Doc. 91-17972 Filed 7-29-91; 8:45 am] HUD regulations in 24 CFR part 50, (56 FR17360) in accordance with BILLING CODE 4210-27-M implementing section 102(2)(C) of the Executive Order 12291 and the National Environmental Policy Act of Regulatory Flexibility Act. 1969, contain categorical exclusions from their requirements for the actions, List of Subjects DEPARTMENT OF DEFENSE activities, and programs specified in 24 CFR Part 880 50.20. Since the redelegation of authority Office of the Secretary set forth in this notice and the Grant programs—housing and statutorily required establishment of a community development, Rent 32 CFR Part 266 fair market rent ceiling are within the subsidies, Reporting and record keeping exclusions set forth in 24 CFR 50.20(k) requirements. [DoD Directive 7600.10] and 50.20(1), respectively, no 24 CFR Part 881 Audits of State and Local environmental assessment is required, Grant programs—housing and Governments, Institutions of Higher and no environmental finding has been Education, and Other Nonprofit prepared. community development, Rent subsidies, Reporting and record keeping Institutions Executive Order 12291 requirements. AGENCY: Office of the Secretary, DoD. This rule does not constitute a “major PART 880—SECTION 8 HOUSING ACTIO N: Final rule. rule” as that term is defined in section ASSISTANCE PAYMENTS PROGRAM SUM M ARY: This rule revises 32 CFR part 1(d) of the Executive Order on Federal FOR NEW CONSTRUCTION Regulations issued on February 17,1981. 266 to reflect the inclusion of audits of An analysis of the rule indicates that it 1. The authority citation for part 880 institutions of higher education and will not: (1) have an annual effect on the continues to read as follows: other nonprofit institutions that receive Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations 36003

Federal financial assistance. This Inspector General of the Department of requirements of OMB Circulars A-128 revision is necessary to reflect the Defense (IG, DoD), the Defense and A-133. requirements of Office of Management Agencies, and the DoD Field Activities (ii) Provide technical advice and and Budget Circular A-133, "Audits of (hereafter referred to collectively as "the liaison through the DoD Components to Institutions of Higher Education and DoD Components”) that provide Federal State and local governments, institutions Other Nonprofit Institutions," March 16, financial assistance to State and local of higher education, other nonprofit 1990. governments, institutions of higher institutions, and independent auditors. DATES: Effective date: June 19,1991. education, and other nonprofit (iii) Make desk reviews of all reports Comment date: Comments may be institutions. received, and also make quality control received by August 29,1991. reviews of selected audits made by non- §266.3 Definitions. ADDRESSES: Forward comments to: Federal audit organizations and provide Office of Assistant Inspector General for Terms used in this part are defined in the. results, when appropriate, to other Audit Policy and Oversight, Office of OMB Circulars A-128 and A-133 with interested organizations. Inspector General, Department of the following deviation. Funds paid by (iv) Promptly inform other affected Defense, 400 Army Navy Drive, room the National Guard Bureau to States Federal Agencies and appropriate law 1076, Arlington, VA 22202-2884. under facilities’ operation and enforcement officials of any reported FOR FURTHER INFORMATION CONTACT: maintenance agreements do not illegal acts or irregularities in Mr. Michael R. Hill, (703) 693-0003. constitute “Federal financial assistance" accordance with requirements of OMB for purposes of Public Law 98-502 and SUPPLEMENTARY INFORMATION: Circulars A-128 and A-133. OMB Circular A-128. (v) Advise the recipient of audits that List of Subjects in 32 CFR Part 266 §266.4 Policy. have been found not to have met the Accounting, Grant programs, Indians, requirements in OMB Circulars A-128 Intergovernmental relations. The DoD Components shall rely on and A-133. In such instances, the and use financial and performance recipient will work with the auditor to Accordingly, 32 CFR part 266 is audits performed by non-Federal revised to read as follows: take corrective action. If corrective auditors under OMB Circular A-128 and action is not taken, the cognizant agency independent auditors under OMB shall notify the recipient and Federal PART 266—AUDITS OF STATE AND Circular A-133 in the oversight of LOCAL GOVERNMENTS, awarding agencies of the facts and make INSTITUTIONS OF HIGHER Federal financial assistance provided to recommendations for followup action. EDUCATION, AND OTHER NONPROFIT State and local governments, institutions Major inadequacies or repetitive sub­ INSTITUTIONS of higher education, and other nonprofit standard performance of independent institutions. Public Law 98-502 provides auditors shall be referred to appropriate Sec. that a non-Federal audit of the professional bodies for disciplinary 260.1 Purpose. operations of a State or local action. 266.2 Applicability. government performed under OMB (vi) Coordinate, to the extent 266.3 Definitions. Circular A-128 may exclude public 266.4 Policy. practicable, audits requested by other 266.5 Responsibilities. colleges and universities, in which case Federal Agencies, in addition to those 266.6 Procedures. an audit of the public college or required by OMB Circulars A-128 and Authority: 10 U.S.C. 140. university shall be made in accordance A-133. with OMB Circular A-133. The DoD (vii) Ensure the resolution of audit § 266.1 Purpose. Components, however, may request findings and recommendations that This part: additional audits of such assistance affect DoD programs and those findings (a) Updates policy, responsibilities, when required by regulation or to ensure affecting programs of more than one and procedures. effective use of such assistance as Federal Agency. Ensure that a (b) Implements Public Law 96-502 (31 deemed necessary. Any additional audit management decision affecting audit U.S.C. 7501-7507 and 3512) and Office of effort shall be planned and carried out resolution shall be made within 6 Management and Budget (OMB) in such a way as to avoid duplication months after receipt of the audit report. Circulars A-128 1 and A-133 2 to and shall be separately funded, (3) For local governments, institutions establish audit requirements for State § 266.5 Responsibilities. of higher education, and other nonprofit and local governments, institutions of institutions for which the Department of higher education, and other nonprofit (a) The Inspector General of the Defense has assumed oversight institutions that receive Federal Department of Defense shall: responsibility, do the following: financial assistance. (1) Serve as the DoD senior official (i) Provide technical advice and (c) Assigns responsibilities within the under OMB Circulars A-128 and A-133 counsel through DoD Components to Department of Defense for monitoring for policy guidance, direction, and institutions and independent auditors compliance with those requirements. coordination with DoD Components and when requested. other Federal Agencies on audit matters (ii) Assume all or some of the §266.2 Applicability. related to State and local governments, This part applies to the Office of the cognizant agency responsibilities (see institutions of higher education and paragraph (a)(2) of this section), as Secretary of Defense, the Military other nonprofit institutions. Departments, the Chairman of the Joint deemed necessary. (2) For State and local governments, (4) For other State and local Chiefs of Staff and the Joint Staff, the institutions of higher education, and Unified and Specified Commands, the governments, institutions of higher other nonprofit institutions for which the education, and other nonprofit OMB has assigned the DoD cognizance, institutions, receive and distribute 1 Forward written requests to: Office of do the following: Management and Budget Publications, 72517th copies of single audit reports to Street, NW. New Executive Office Building, (i) Ensure that audits are made and appropriate DoD Components for Washington. DC 20503. reports are received in a timely manner appropriate action and followup by 2 See footnote 1 to § 266.1(b). and in accordance with the designated program officials. 36004 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations

(5) For audit reports that contain programs for audits not made in Discussion of Regulations conditions affecting DoD programs, accordance with OMB Circulars A-128 The circumstances requiring this institute followup efforts to ensure that and A-133 and other applicable cost regulation involve the inherent hazards corrective actions have been taken by principles and regulations. associated with transiting vessels in th1 DoD organizations responsible for Dated: 24 July 1991. vicinity of participants swimming the managing associated programs or funds. L.M. Bynum, breadth of the East Passage of (b) The Heads of the DoD Alternate OSD Federal Register Liaison Narragansett Bay, RI. The event is Components shall: Officer, Department of Defense. scheduled to take place August 3,1991, (1) Designate an official to coordinate [FR Doc. 91-17953 Filed 7-29-91; 8:45 amj between Potter Cove, Jamestown, RI an with the IG, DoD, on matters dealing BILLING CODE 3810-01-M Coasters Harbor Island, Newport, RI with audits of financial assistance (Position 41-31N, 071-19.8W to 41-31N, provided by the DoD Component to 071-22W). These inherent hazards State and local governments, institutions DEPARTMENT OF TRANSPORTATION include, but are not limited to, personal of higher education, and other nonprofit injury and property damage resulting institutions. Coast Guard from collisions between participants in (2) Ensure input of accurate award the water, or craft associated with the data for Federal financial assistance to 33 CFR Part 165 the appropriate DoD management event, and vessels transiting Narragansett Bay. Due to the brief information system. [C6D191-115] (3) Ensure that the State or local duration of this safety zone, it is believed that the economic impact will government, institution of higher Safety Zone Regulations: East education, or other nonprofit institution Passage, Narragansett Bay, Rl be minimal. takes appropriate actions to correct This regulation is issued pursuant to audit deficiencies involving financial a g e n c y : Coast Guard, DOT. 33 U.S.C. 1225 and 1231 as set out in the authority citation for all of part 165. assistance provided by the DoD a c t io n : Emergency rule. Component. List of Subjects in 33 CFR Part 165 (4) For State and local governments, SUM M ARY: The Coast Guard is institutions of higher education, and establishing a moving safety zone Harbors, Marine safety, Navigation other nonprofit institutions for which the around participants in the Swim the Bay (water), Security measures, Vessels, OMB has assigned DoD cognizance, do event and associated craft, in the East of Waterways. the following: Passage Narragansett Bay, RI between Regulation (i) Coordinate with the !G, DoD, on Potter Cove, Jamestown, RI and requests from other Federal Agencies for Coasters Harbor Island, Newport, RI In consideration of the foregoing, audits of State and local governments, (Position 41-31N, 07Î-19.8W to 41-31N, subpart C of part 165 of title 33, Code of institutions of higher education, and 071-22W). The zone is needed to protect Federal Regulations, is amended as other nonprofit institutions, in addition participants in the swimming event and follows: to those required by OMB Circulars A- the associated craft from inherent 128 and A-133. hazards associated with vessels PART 165—AMENDED (ii) Seek the views of other interested transiting the area. 1. The authority citation for part 165 agencies when a coordinated audit Entry into this zone is prohibited continues to read as follows: approach is to be used and before unless authorized by the Captain of the Authority: 33 U.S.C. 1225 and 1231; 50 completing a coordinated program. Port Providence. (iii) Help coordinate the audit work U.S.C. 191; 49 CFR 1.40; 33 CFR 1.05(g), 6.04-1, e f f e c t iv e DATE: This regulation and reporting responsibilities among 6.04-6, and 160.5. becomes effective at 6:30 am. on August 2. A new $ 165.T0110 is added to read independent public accountants. State 3,1991. It terminates at 10:30 am . on auditors, and both resident and non­ August 3,1991, unless terminated sooner as follows: resident Federal auditors to achieve the by the Captain of the Port Providence. § 165.T0110 Safety Zone: East Passage, most cost-effective audit. FOR FURTHER INFORMATION CONTACT: Narragansett Bay, RI S 266.6 Procedures. BM1 Krug at (401) 528-5335. (a) Location: The following area is The costs of audits made by non- SUPPLEMENTARY INFORMATION: In designated a moving safety zone; (1) A Federal auditors under OMB Circulars accordance with 5 U.S.C. 553, a notice of three hundred yard radius around the A-128 and A-133 are allowable charges proposed rulemaking was not published participants swimming in the event and to Federal financial assistance for this regulation and good cause exists the associated craft as they transit the programs. The charges may be for making it effective in less than 30 East Passage of Narragansett Bay, RI considered as a direct cost or an days after Federal Register publication. between Potter Cove, Jamestown, RI, allocated indirect cost in accordance Publishing an NPRM and delaying its and Coasters Harbor Island, Newport, with OMB Circulars A-87, A-122 and A- effective date would be contrary to the RI (Position 41-31N, 071-19.8W to 41- 21 8; FAR, Part 31 (48 CFR part 31); or public interest since immediate action is 31N, 071-22W). the DFARS, Part 231 (48 CFR part 231). needed to prevent potential damage to (b) E ffective Date: This regulation Generally, the percentage of costs craft and potential injury to the persons becomes effective at 630 a.m. on August charged to Federal assistance programs involved. 3,1991. It terminates at 10:30 am . on for an audit shall not exceed the August 3,1991, unless terminated sooner percentage of Federal funds expended to Drafting Information by the Captain of the Port Providence. the total funds expended by the The drafters of this regulation are (c) Regulations: In accordance with recipient during the fiscal year. No cost, BMl Krug, project officer for the Captain the general regulations in § 165.23 of this however, may be charged to Federal of the Port, Providence and L t John E. part, entry into this zone is prohibited Gately, project attorney. First Coast unless authorized by the Captain of the * See footnote 1 to 1286.1(b). Guard District Legal Office. Port Providence. Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations 36005

Dated: July 18,1991. low water. Vessels with a draft of 30 Environmental Impact H.D. Robinson, feet or greater must transit as near as The Coast Guard has reviewed this Captain, U.S. Coast Guard, Captain of the possible to the center of the channel. rule and it has been determined to be Port. Meeting or overtaking between vessels categorically excluded from further [FR Doc. 91-18014 Filed 7-29-91; 8:45 am] requiring pilotage is not allowed. environmental documentation in BILLING CODE 4910-14-M These restrictions are necessary to accordance with section 2.b.2 of protect deep draft vessels from an area Commandant Instruction (COMDINST) of hard bottom at the location of a 48 33 CFR Part 165 M16475.1B. A Categorical Exclusion inch sewage pipeline crossing and to Determination statement has been [CGD7 90-52] protect the environment from oil and prepared and is included as part of the chemical spills which may result from rulemaking docket. RIN 2115-AD88 ship damage. The pipeline has restricted dredging in the channel, and creates a Federalism Regulated Navigation Area; Sparkman ridge in the outer quarters where water Channel, Tampa, FL This rule has been analyzed in depths go from 37 feet to an average of accordance with the principles and AGENCY: Coast Guard, DOT. 32 feet within an approximate 300 foot criteria contained in Executive Order ACTIO N: Final rule. section of the channel. This situation 12612, and it has been determined that reduces the safe navigable channel to this rule does not have sufficient s u m m a r y : The Coast Guard has 200 feet. federalism implications to warrant the designated Sparkman Channel, Tampa, Discussion of Comment preparation of a Federalism Florida, a regulated navigation area. A Assessment. pipeline crossing the channel at the The comment pointed out that the southern entrance creates a ridge in the water depth over the pipeline at center Collection of Information outer quarters of the channel and limits channel was incorrectly stated in the This rule contains no collection of water depths to 37 feet over the pipeline interim final rule as 34 feet, when in fact information requirements under the in the center of the channel and to an the most recent soundings show 37 feet. Paperwork Reduction Act (44 U.S.C. average of 32 feet in the outer quarters The commenter requested that the 3501 et seq.). of the channel. To ensure safe maximum draft be increased by 6 navigation in the channel, this rule inches. The Coast Guard agrees that the List of Subjects in 33 CFR Part 165 establishes vessel draft restrictions, depth over the pipeline at center Harbors, Marine safety, Security limits meeting and passing situations, channel is 37 feet and that a maximum measures, Waterways, Regulated and requires vessels with drafts greater draft of 34 feet 6 inches at mean low navigation areas, and Limited access than 30 feet to transit near the center of water and 35 feet 6 inches at plus one areas. the channel. foot tide and greater is within the safety In consideration of the foregoing, part EFFECTIVE d a t e : The regulation is margins intended by this rule. This final 165 of title 33, Code of Federal effective July 30,1991. rule reflects the change. A purpose for Regulations, is amended as follows: FOR FURTHER INFORMATION CONTACT: the regulation has been added to the Lieutenant Paul J. MacDonald, Coast language of the final rule. The rule has PART 165—[AMENDED] Guard Marine Safety Office, Tampa, also been reworded to clarify the Florida (813) 228-2194. boundaries of the regulated navigation 1. The authority citation for Part 165 SUPPLEMENTARY INFORMATION: The area. continues to read as follows: Coast Guard published an interim final Economic Assessment and Certification Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 rule, "Regulated Navigation Area; CFR 1.05-l(g), 8.04-1, 6.04-6, and 160.5, 49 Sparkman Channel, Tampa, FL”, on 25 This regulation is considered to be CFR 1.46. January 1991 at 56 FR 2850. One non-major under Executive Order 12291 2. Section 165.752 is added to read as comment was received. A public hearing on Federal Regulation and follows: was not requested and one was not nonsignificant under Department of held. Transportation regulatory policies and § 165.752 Sparkman Channel, Tampa, procedures (44 FR 11034; February 26, Florida—regulated navigation area. Regulatory History 1989). Changes to the rule as a result of (a) A regulated navigation area is The interim final rule designated the comment will impose no new cost or established to protect vessels from Sparkman Channel as a regulated burden. Therefore, the Coast Guard limited water depth in Sparkman navigation area and restricted maximum certifies under Section 605(b) of the Channel caused by an underwater draft to 35.5 feet. Vessels with a draft of Regulatory Flexibility Act (5 U.S.C. 601 pipeline. The regulated navigation area 34.5 feet, but not over 35.5 feet, may et seq.) that this final rule will not have is in Sparkman Channel between the transit Sparkman Channel only when a significant economic impact on a lines connecting the following points the tide is at least one foot above mean substantial number of small entities. (referenced in NAD 83):

Latitude Longitude Latitude Longitude

1: 27-56-20.5 N 082-26-42.0 W to 27-56-19.3 N 82-26-37.5 W 2: 27-55-32.0 N 082-26-54.0 W to 27-55-30.9 N 82-26-49.1 W 36006 Federal Register / Vol. 56, No, 146 / Tuesday, July 30, 1991 / Roles and Regulations

(b) Ships requiring Federal or State 98101, telephone: (206) 553-4253, FTS: Implementation Plan (and Other State pilotage shall not meet or overtake other 399-4253. Regulations)] and section 3 [Statewide like vessels in Sparkman Channel. SUPPLEMENTARY INFORMATION: Regulatory Provisions—Chapter 340]: (c) Vessels having a draft of more Section 1 Introduction than 35.5 feet may not transit Sparkman I. Background Section 2 General Administration Channel. The Clean Air Act of 1970 required Section 3 Statewide Regulatory Provisions, (d) Vessels having a draft of 34.5 feet, states to submit state implementation Subsection 3.1 Oregon Administrative but not over 35.5 feet, may transit plans (SIPs) to EPA which provided for Rule—Chapter 340 Sparkman Channel only when the tide is implementation, maintenance and OAR 340-14-005 to 050 Procedures for at least one foot above mean low water. enforcement of the national ambient air Issuance of Permits quality standards. The SIP contains OAR 340-20-046 Records, Maintaining and (e) Vessels with a draft of 30 feet or Reporting greater shall transit as near as possible statutes, rules, strategies, and programs OAR 340-20-047 ‘‘State of Oregon Clean to the center of the channel. which demonstrate a state’s ability to Air Act, Implementation Plan” attain and/or maintain compliance with Dated: May 13,1991. OAR 340-30-015(2) Specific Air Pollution the national ambient air quality Control Rules for the Medford-Ashland Robert E. Kramek, standards (NAAQS) in all areas. In 1972, Air Quality Maintenance Area Rear Admiral, U.S. Coast Guard, Commander, the Oregon Environmental Quality OAR 340-31-105 PSD Definitions Seventh Coast Guard District Commission adopted the initial Oregon Section 4 Control Strategies for [FR Doc. 91-17983 Filed 7-29-91; 8:45 am} SIP which was approved by EPA on Nonattainment Areas B ILLIN G CODE <810-14-81 May 31,1972 (37 FR 10888). As a result Section 5 Control Strategies for Attainment of the Clean Air Act Amendments of and Nonattainment Areas 1977, the Oregon Department of Section 6 Ambient Air Quality Monitoring ENVIRONMENTAL PROTECTION Environmental Quality (ODEQ) Program AGENCY Section 8 Public Involvement submitted a revised SIP on June 27,1979, Section 9 Plan Revisions and Reporting and July 6,1979, portions of which were 40 CFR Part 52 approved by EPA on June 24,1980 (45 FR EPA is approving the deletion of the [FRL-3969-4] 42265). following provisions of section 3.1: Since 1972 ODEQ has been OAR 340-11-005 to 035 Rules of Practice Approval and Promulgation of State responsible for developing revisions and and Procedure Implementation Plans; OR additions to the SIP as needed to OAR 346-13-005 to 035 Wilderness, maintain the NAAQS. During the past 16 Recreational, and Scenic Area Rules AGENCY: Environmental Protection years there have been numerous SIP OAR 340-26-100 to 135 Rules for Indirect Agency (EPA). revisions submitted by ODEQ, some of Sources ACTIO N: Final rule. which have been approved by EPA and OAR 340-24-005 to 040 Motor Vehicle some of which have yet to be acted Rules SUM M ARY: By this notice, EPA is upon. As a result, the contents of the OAR 340-24-311 and 337 Motor Vehicle approving numerous revisions to the Noise Rules EPA-approved Oregon SIP were often in OAR 346-25-055 to 080 Reduction of Oregon state implementation plan (SIP) question. To rectify this problem, ODEQ as submitted by the State of Oregon Animal Matter undertook a several-year effort to revise OAR 340-28-001 to 090 Specific Air Department of Environmental Quality and reorganize its entire SIP. Pollution Control Rules for Clackamas, on May 31,1986 and July 11,1986. This On May 30,1986, the State of Oregon Columbia, Multnomah, and Washington action will result in an updated SIP, Department of Environmental Quality Counties rescinding provisions which are no (ODEQ) submitted to EPA a request to OAR 340-31-045 Particle Fallout longer needed, revising and updating rescind the existing SIP and replace it OAR 346-31-050 Calcium Oxide (Lime certain rules and sections of die SIP and with an updated SIP. Additionally, on Dust) adding rules which were not previously July 11,1986, ODEQ submitted the In addition to the May 30,1986, included in the SIP. These revisions “Specific Air Pollution Control Rules for submittal, EPA is also approving were submitted to satisfy the the Medford-Ashland Air Quality revisions to the Specific Air Pollution requirements of section 110 of the Clean Maintenance Area” (OAR 340-30-015, Control Rules for Medford-Ashland Air Air Act (hereinafter referred to as the 030, 031, 040 and 055). Quality Maintenance Area” (OAR 340- Act). EPA reviewed the numerous 30-015, 030,031,040 and 055) which EFFECTIVE DATE: July 30, 1991. amendments to the Oregon SIP and were submitted to EPA on July 11,1986. found that the revisions met the criteria a d d r e s s e s : Copies of the materials There are two revisions which were submitted to EPA may be examined in accordance with section 110 of the submitted to EPA on May 30,1986, that daring normal business hours at: Clean Air Act and 40 CFR part 51. On will not be processed in this rulemaking November 3,1988 (53 FR 44487) EPA Public Information Reference Unit, provided a 30-day public comment action. Instead EPA will prepare Environmental Protection Agency, 401M separate Federal Register Notices of Street SW., Washington, DC 20460: period on its proposed approval of the Rulemaking proposing action on OAR Air Programs Branch, Docket OR3-1-5157, ODEQ request. No comments were 340-25-150 to 205 Kraft Pulp Mills and Environmental Protection Agency, 1200 received. OAR 340-25-305 to 325 Board Products Sixth Avenue, AT-082, Seattle, Washington II. Summary of Action 98101. Industries. State of Oregon, Department of EPA is today approving numerous On February 24,1986, ODEQ Environmental Quality, 811 SW., Sixth, revisions to the Oregon SIP as submitted submitted extensive revisions to the Portland, Oregon 97504. by ODEQ on May 30,1986 and July 11, ozone control strategy for the Portland- FOR FURTHER INFORMATION CONTACT: 1986. Vancouver Air Quality Maintenance David Bray, Air Programs Branch, AT- Specifically EPA is approving Area (section 4.3) and certain 082, Environmental Protection Agency, revisions to die following sections of implementing rules (OAR 340-22-100 to 1200 Sixth Avenue, Seattle, Washington Volume 2 [The Federal Clean Air Act 220, OAR 340-20-155(i) Table 1, and Federal Register f Vol. 56* No. 146 / Tuesday, July 30> 1991 / Rules and Regulations 36007

OAR 340-20-241). These revisions enforce its requirements. (See 42 U.S.C. Administration): Section 3 (Statewide supersede the respective sections in the 7607(b)(2).) Regulatory Provisions! Introduction; May 30,1936 submittal (even though Under 5 U.S.C. 605(b), I certify that Section 4 (Control Strategies for they predate that submittal). EPA will this revision will not have a significant Nonattainment Areas] Introduction; not be acting on these provisions in this economic impact on a substantial Section 5 (Control Strategies for rulemaking, but instead, will prepare a number of small entities (see 46 FR Attainment and Nonattainment Areas) separate Federal Register Notice of 8709). Introduction and Section 5.2 (Prevention Rulemaking if warranted pursuant to the List of Subjects in 40 CFR Part 52 of Significant Deterioration); Section 6 Clean Air Act Amendments of 1990. (Ambient Air Quality Monitoring On August 5,1985, and December 5, Air Pollution control, Carbon Program); Section 8 (Public 1988, ODEQ submitted extensive monoxide, Hydrocarbons, Incorporation Involvement); and Section ft (Plan revisions to title 14, 34, and 38 of Lane By Reference, Intergovernmental Revisions and Reporting), dated January Regional Air Pollution Authority's relations, Lead, Nitrogen dioxide, 1986, as adopted by the Environmental (LRAPA) rules. Since portions of these Ozone, Particulate matter, Reporting Quality Commission on April 25,1988. submittals supersede parts of the May and Recordkeeping requirements. Sulfur (D) Volume 2 “The Federal Clean Air 30,1986 submittal, EPA will take action oxides. Act Implementation Han (and Other on all of these requested revisions to the Dated May 29,1991. State Regulations),“ Section 3 LRAPA rules in a separate Federal Dana A. Rasmussen, (Statewide Regulatory Provisions), Register Notice of Rulemaking, Regional Administrator. Subsection 3.1 Oregon Administrative Rule—Chapter 340 (OAR 340-14-005 to III. Administrative Review Note: Incorporation by reference of the Implementation Plan for the State of Oregon 050 [Procedures for Issuance, Denial, This action has been classified as a was approved by the Director of the Office of Modification, and Revocation of Table 3 action by the Regional Federal Register on July 1, 1982. Permits] dated 10-1-89, OAR 340-20-048 Administrator under the procedures [Records; Maintaining and Reporting] published in the Federal Register on Title 40, chapter I of part 52 of the effective 10-1-72, OAR 340-20-047 January 19,1989 (54 FR 2214-2225). On Code of Federal Regulations is amended [State of Oregon Clean Air Act January 6,1989, the Office of as follows: Implementation Han] effective 9-30-85, Management and Budget waived Table 2 PART 52—[AMENDED] OAR 340-30-015 [Wood Waste Boilers] and 3 SIP revisions (54 FR 2222) from the effective 10-29-80, and OAR 340-31-105 requirements of section 3 of Executive 1. The authority citatum for part 52 [Definitions]) effective 9-8-81. Order 12291 for a period of two years continues to read as follows: (E) Volume 2 “The Federal Clean Air and has been extended. Authority: 42 U.S.C. 7401-7642. Act Implementation Plan (and Other Nothing in this action should be State Regulations),” Section 3 construed as permitting or allowing or Subpart MM—Oregon "(Statewide Regulatory Provisions)", establishing a precedent for any future 2. Section 52.1970 is amended by Subsection 3.1 Oregon Administrative request for revision to any state Rule—Chapter 340, Division 30 (Specific implementation plan. Each request for adding paragraph (c)(87) to read as follows: Air Pollution Control Rules for the revision to the state implementation Medford-Ashland Air Quality plan shall be considered separately in § £2.1970 Identification of plan. Maintenance Area), Section 015 (Wood light of specific technical, economic and * * * * * Waste Boilers); Section 030 (Wood environmental factors and in relation to (c) * * * Particle Dryers at Particleboard Hants); relevant statutory and regulatory (87) On May 30,1986, the Director of Section 031 (Hardboard Manufacturing requirements. the Department of Environmental Plants); Section 040 (Charcoal The Agency has reviewed this request Quality submitted revisions to Volume 2 Processing Plants); and Section 055 for revision of the federally-approved “The Federal Clean Air Act (Source Testing) as adopted by the state implementation plan for Implementation Plan (and Other State Environmental Quality Commission on conformance with the provisions of the Regulations)" and on July 11,1986 a June 13,1986. 1990 Clean Air Act Amendments revised Section 3 “Statewide Regulatory 3. Section 52.1977 is added as follows: enacted on November 15,1990. The Provisions“ ‘Subsection 3.1 Oregon Agency has determined that this action § 52.1977 Content of approved State Administrative Rule—Chapter 340’ submitted Implementation Plan. conforms with those requirements (OAR 340-30-015, 030, 031,040, and 055) irrespective of the fact that the submittal as revisions to the Oregon State The following sections cf the State air preceded the date of enactment. Implementation Plan. quality control plan (as amended on the Under section 307(b)(1) of the Clean (i) Incorporation By Reference. dates indicated) have been approved Air Act, petitions for judicial review of (A) May 30,1986 letter from the and are part of the current State this action must be filed in the United Director of the Department of Implementation Plan. States Court of Appeals for the Environmental Quality to EPA Region 10 State of Oregon Air Quality Control Program appropriate circuit by September 30, submitting amendments to the Oregon Volume 2—The Federal Clean Air Act 1991. Filing a petition for state implementation plan. Implementation Plan (and Other State reconsideration by the Administrator of (B) July 11,1986 letter from the Regulations] this final rule does not affect the finality Director of the Department of of this rule for the purposes of judicial Environmental Quality to EPA Region 10 Section review nor does it extend the time 1. Introduction (1-86) submitting amendments to the Oregon 2. General Administration (1-86) within which a petition for judicial state implementation plan. 2.1 Agency Organization (1-86) review may be filed and shall not (C) Volume 2 “The Federal Clean Air 2.2 Legal Authority (1-88) postpone the effectiveness of such rule Act Implementation Plan (and Other 2.3 Resources (1-86) or action. This action may not be State Regulations)“ Section 1 2.4 Intergovernmental Cooperation and challenged later in proceedings to (Introduction); Section 2 (General Consultation (1-86) 36008 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations

2.5 Miscellaneous Provisions (1-86) Conflict of Interest Upset Conditions 3. Statewide Regulatory Provisions Sec. 200 Purpose (10-13-78) Sec. 065 Introduction (3-1-72) 3.1 Oregon Administrative Rules— Sec. 205 Definitions (10-13-78) Sec. 070 Scheduled Maintenance (3-1-72) Chapter 340 (1-86) Sec. 210 Public Interest Representation (10- Sec. 075 Malfunction of Equipment (3-1-72) Division 12—Civil Penalties 13-78) Sec. 030 Definitions (ll-S-84) Sec. 215 Disclosure of Potential Conflicts of Woodstove Certification Sec. 035 Consolidation of Proceedings (9- Interest (10-13-78) Sec. 100 Definitions (6-26-84) 25-74) New Source Review Sec. 105 Requirements for Sale of New Sec. 040 Notice of Violation Sec. 220 Applicability (9-8-81) Woodstoves in Oregon (6-26-84) Sec. 045 Mitigating and Aggravating Factors Sec. 225 Definitions (10-16-84) Sec. 110 Exemptions (8-26-84) (11-8-88) Sec. 230 Procedural Requirements (10-16- Sec. 115 Emissions Performance Standards Sec. 050 Air Quality Schedule of Civil 84) and Certification (6-26-84) Penalties (11-8-84) Sec. 235 Review of New Sources and Sec. 120 Testing Criteria and Procedures (6- Sec. 070 Written Notice of Assessment of Modifications for Compliance With 26-84) Civil Penalty; When Penalty Payable (11- Regulations (9-8-81) Sec. 125 General Certification Procedures 8-84) Sec. 240 Requirements for Sources in (6-26-84) Sec. 075 Compromise or Settlement of Civil Nonattainment Areas (4-18-83) Sec. 130 Changes in Woodstove Design (6- Penalty by Director (11-8-84) Sec. 245 Requirements for Sources in 26-84) Division 14—Procedures for Issuance, Denial, Attainment or Unclassified Areas Sec. 135 Labelling Requirements (6-26-84) Modification, and Revocation of Permits (4- (Prevention of Significant Deterioration) Sec. 140 Permanent Label (6-26-84) 15-72) (10-16-85) Sec. 145 Contents of Permanent Label (6- Sec. 005 Purpose (4-15-72) Sec. 250 Exemptions (9-8-81) 26-84) Sec. 255 Baseline for Determining Credit for Sec. 007 Exception (10-15-73) Sec. 150 Removable Label (6-26-84) Sec. 010 Definitions (4-15-72) Offsets (9-8-81) Sec. 260 Requirements for Net Air Quality Sec. 155 Label Approval (6-26-84) Sec. 015 Type, Duration, and Termination of Sec. 160 Laboratory Accreditation Permits (12-18-76) Benefit (4-18-83) Sec. 265 Emission Reduction Credit Banking Requirements (6-26-84) Sec. 020 Application for a Permit (4-15-72) Sec. 165 Accreditation Criteria (6-26-84) Sec. 025 Issuance of a Permit (4-15-72) (4-18-83) Sec. 170 Application for Laboratory Sec. 030 Renewal of a Permit (4-15-72) Sec. 270 Fugitive and Secondary Emissions Accreditation (6-26-84) Sec. 035 Denial of a Permit (4-15-72) (9-8-81) Sec. 040 Modification of a Permit (4-15-72) Sec. 275 Repealed Sec. 175 On-Site Laboratory Inspection and Sec. 045 Suspension or Revocation of a Sec. 276 Visibility Impact (10-16-85) Stove Testing Proficiency Demonstration Permit (4-15-72) Plant Site Emission Limits (6-26-84) Sec. 050 Special Permits (4-15-72) Sec. 180 Accreditation Application Sec. 300 Policy (9-8-81) Deficiency, Notification and Resolution Division 20—General Sec. 301 Requirement for Plant Site (6-26-84) Sec. 001 Highest and Best Practicable Emission Limits (9-8-81) Sec. 185 Final Department Review and Treatment and Control Required (3-1-72) Sec. 305 Definitions (9-8-81) Certificate of Accreditation (6-26-84) Sec. 003 Exceptions (3-1-72) Sec. 310 Criteria for Establishing Plant Site Sec. 190 Civil Penalties, Revocation, and Emission Limits (9-8-81) Registration Appeals (6-26-84) Sec. 315 Alternative Emission Controls (9- Sec. 005 Registration in General (9-1-70) 8-81) Division 22—General Gaseous Emissions, Sec. 010 Registration Requirements (9-1-70) Sec. 320 Temporary PSD Increment Sulfur Content of Fuels Sec. 015 Re-registration (9-1-70) Allocation (9-8-81) Sec. 005 Definitions (3-1-72) Notice of Construction and Approval of Plans Stack Heights and Dispersion Techniques Sec. 010 Residual Fuel Oils (8-25-77) Sec. 020 Requirement (9-1-70) Sec. 340 Definitions (4-18-83) Sec. 015 Distillate Fuel Oils (3-1-72) Sec. 025 Scope (3-1-72) Sec. 345 Limitations (4-18-83) Sec. 030 Procedure (9-1-72) Sec. 020 Coal (1-29-82) Division 21—General Emission Standards for Sec. 032 Compliance Schedules (3-1-72) Sec. 025 Exemptions (3-1-72) Particulate Matter Sampling, Testing, and Measurement of Air General Emission Standards for Sulfur Contaminant Emissions Sec. 005 Definitions (1-16-84) Sec. 010 Special Control Areas (7-11-70) Dioxide Sec. 035 Program (9-1-70) Sec. 015 Visible Air Contaminant Sec. 050 Definitions (3-1-72) Sec. 037 Stack Heights & Dispersion Limitations (7-11-70) Techniques (4-25-86) Sec. 055 Fuel Burning Equipment (3-1-72) Sec. 020 Fuel Burning Equipment Sec. 300 Reid Vapor Pressure for Gasoline, Sec. 040 Methods (9-11-70) Limitations (9-1-82) Sec. 045 Department Testing (9-1-70) except that in Paragraph (6) only Sec. 025 Refuse Burning Equipment sampling procedures and test methods Sec. 046 Records; Maintaining and Limitations (1-16-84) Reporting (10-1-72) specified in 40 CFR Part 80 are approved Sec. 027 Municipal Waste Incinerator in (6-15-89) Sec. 047 State of Oregon Clean Air Act, Coastal Areas (1-16-84) Implementation Plan (9-30-85) Sec. 030 Particulate Emission Limitations Division 23—Rules for Open Burning Air Contaminant Discharge Permits for Sources Other Than Fuel Burning and Refuse Burning Equipment (3-1-72) Sec. 022 How to Use These Open Burning Sec. 140 Purpose (1-8-86) Rules (9-8-81) Sec. 145 Definitions (1-8-76) Particulate Emissions From Process Sec. 025 Policy (9-8-81) Equipment Sec. 150 Notice Policy (1-6-76) Sec. 030 Definitions (6-16-84) Sec. 155 Permit Required (5-31-83) Sec. 035 Applicability (3-1-72) Sec. 035 Exemptions, Statewide (6-16-84) Sec. 160 Multiple-Source Permit (1-6-76) Sec. 040 Emission Standard (3-1-72) Sec. 165 Fees (5-31-83, 3-14-86) Sec. 040 General Requirements Statewide Sec. 045 Determination of Process Weight (9-8-81) Sec. 170 Procedures For Obtaining Permits (3-1-72) (1-11-74) Sec. 042 General Prohibitions Statewide (6- Sec. 175 Other Requirements (8-29-79) Fugitive Emissions 16-84) Sec. 180 Registration Exemption (6-29-79) Sec. 050 Definitions (3-1-72) Sec. 043 Open Burning Schedule (6-16-84) Sec. 185 Permit Program For Regional Air Sec. 055 Applicability (3-1-72) Sec. 045 County Listing of Spécifie Open Pollution Authority (1-6-76) Sec. 060 Requirements (3-1-72) Burning Rules (9-8-81) Federal Register / VoL 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations 36009 « E B B a — B E sm ii imi P ii iiiiiai— ■aHaaBKaHMMMHsaMaBaBBaawB— ■—

Jpen Burning Prohibitions Primary Aluminum’ Plants Sec. 031 Hardwood Manufacturing Plants Sec. 055 Baker, Clatsop, Crook, Curry, Sec. 255 Statement of Purpose (6-18-82) (5-6-81) Deschutes, Gilliam, Grant, Harney, Hood Sec. 260 Definitions (6-18-82) Sec. 035 Wigwam Waste Burners (10-29-80) River, Jefferson, Klamath, Lake, Lincoln, Sec. 265 Emission Standards (6-18-82) Sea 040 Charcoal Producing Plants (4-7-78) Malheur, Morrow, Sherman, Tillamook, Sec. 270 Special Problem Areas (12-25-73) Sec. 043 Control of Fugitive Emissions (4- Umatilla, Union, Wallowa. Wasco and Sec. 275 Highest and Best Practical 18-83) Wheeler Counties (9-8-81) Treatment and Control Requirement (12- Sec. 044 Requirement for Operation and Sec. 060 Benton, Linn, Marion, Polk, and 25-73) Maintenance Plans (4-18-83) Yamhill Counties (6-16-64) Sec. 280 Monitoring (8-18-82) Sec. 045 Compliance Schedules (4-18-83) Sec. 065 Clackamas County (6-16-84) Sec. 285 Reporting (6-18-82) Sec. 050 Continuous Monitoring (4-7-83) Sec. 055 Source Testing (4-7-78) Sec. 070 Multnomah County (6-16-84) Regulations for Sulfite Pulp Mills Sec. 075 Washington County (6-16-64) Sec. 060 Repealed Sec. 080 Columbia County (9-8-81), Sec. 350 Definitions. (5-23-80) Sec. 065 New Sources (4-7-78) Sec. 085 Lane County (6-16-84) Sec. 355 Statement of Purpose (5-23-80) Sec. 070 Open Riming (4-7-78) Sec. 090 Coos, Douglas, Jackson and Sec. 360 'Minimum Emission Standards (5- Division 31—Ambient Air Quality Standards 23-80) Josephine Counties (9-8-61) Sec. 005 Definitions (3-1-72) Sec. 100 Letter Permits (6-16-84) Sec. 365 Repealed Sec. 370 Monitoring and Reporting (5-23-80) Sec. 010 Purpose and Scope of Ambient Air See. 105 Forced Air Pit Incinerators (9-6-81) Qualify Standards (3-1-72) Sec. 110 Records and Reports (9-8-81), Sec. 375 Repealed Sec. 380 Exceptions (5-23-80) Sec. 015 Suspended Particulate Matter (3=1- Sec. 115 Open Burning Control Areas (6-16- 72) 84), Laterite Ore Production of Ferronickel Sec. 020 Sulfur Dioxide (3-12-72) Division 24—Visible Emissions Motor Sec. 405 Statement of Purpose (3-1-72). Sec. 025 Carbon Monoxide (3-1-72) Vehicle Emission Control Inspection Test Sec. 410 Definitions (5-1-72) Sec. 030 Ozone (1-29-82) Criteria, Methods and Standards Sec. 415 Emission Standards (3-1-72) Sea 035 Hydrocarbons (3-1-72) Sec.. 300 Scope (4-1-65) Sec. 420 Highest and Best Practicable Sec. 040 Nitrogen Dioxide (3-1-72) Sec. 301 Boundary Designations (9-9-88) Treatment and Control Required (3-1-72) Sec. 045 Repealed Sec. 305 Definitions (4-1-65) Sea 425 Compliance Schedule (3-1-72) Sec. 050 Repealed Sec. 306 Publicly Owned and Permanent Sec. 430. Monitoring, and Reporting (3-1-72) Sec. 055 Ambient Air Quality Standard for Fleet Vehicle Testing Requirements (12= Division 26—Rules for Open Field Burning Lead (1-21-83) 31-83) (Willamette Valley) Prevention of Significant Deterioration Sec. 307 Motor Vehicle Inspection- Program Sec. 001 Introduction (7-3-84) Sec. 106 General (6-22-79) Fee Schedule (8-1-81) Sec. 003 Policy (3-7-84) Sea 110 Ambient Ah Increments (6-2-79) Sec. 310 Light Duty Motor Vehicle Emission Sec. 005 Definitions (3-7-84) Sec. 115 Ambient Air Ceilings (6-22-79) Control'Test Method (9-9-88): Sea 010 General Requirement (3-7-84) Sec. 120) Restrictions on Area Sec. 315 Heavy Duty Gasoline Motor Sec. 011 Repealed Classifications (6-22-79) Vehicle Emission Control Test Method Sec. 012 Registration, Permits, Fees, Records (12-31-63) Sec. 125 Repealed (3=7-84) Sea 130' Redesignation (6-22-79) Sec. 320 Light Duty Motor Vehicle Emission Sea 013 Acreage Limitations, Allocations Control Test Criteria (9-9-88) (3-7-84) 3.2 Lane Regional Air Pollution Authority Sec; 325 Heavy Dufy Gasoline Motor Sec. 015 Daily Burning Authorization Regulations Vehicle Emission Control Test Criteria Criteria (3-7-84) Title 11 Policy and General Provisions (9-9-88) Sec. 020 Repealed 11-005 Policy (6-2=72) Sec. 330 Light Duty Motor Vehicle Emission Sec. 025 Civil Penalties (3-7-84) 11-010 Construction and Validity (8-2-72) Control Cutpoints or Standards (8-1-81J Sec. 030 Repealed 11- 015 Definitions (6-29-79) Subpart (8): (9-12-86) Sec. 031 Burning by Public Agencies .613 Air Conveying Systems (3-11-82) Sec. 335 Heavy Dufy Gasoline Motor (Training Fires) (3-7-84) Title 12 General Duties and Powers of Vehicle Emission Control Emission Sec. 035 Experimental Burning (3-7-84) Board and Director Standards (9-12-88) Sec. 040 Emergency Burning, Cessation (3- 12- 005 Duties and Powers of Board of Sec. 340 Criteria for Qualifications of 7-84) Directors (8-29-79) Persons Eligible to Inspect Motor Sea 045 Approved Alternative Methods of 12-010 Duties and Function of the Velricles and Motor Vehicle Pollution Burning (Propane Flaming) (3-7-84) Program Director (6-29-79) Control Systems and Execute Certificates Division 27—Air Pollution Emergencies 12-015 Civil Penalties (8-2-72J (12-31-83) 12-020 Advisory Committee (8-2-72) Sec. 350 Gas Analytical System Licensing Sec. 005 Introduction (10-24-83). 12-025 Confidential Information (8-2=72) Criteria (9-9-88) Sea 010 Episode State Criteria for Air 12=025 Conflict of Interest (9-9-88) Pollution'Emergencies (10-24-83) Division 25—-Specific Industrial Standards Title 13 Enforcement Procedures (6-29-79) Sec. 012 Special Conditions (10-24-83) Construction and Operation of Wigwam Title 20 Indirect Sources Waste Burners Sea 015 Source Emission Reduction Plans 20-100 Policy and Jurisdiction (11-18-75) (10-24-83) 20-110 Definitions (6-29-79) Sec; 005 Definitions (3-1-72) Sec. Q2Q Repealed 20-115 Indirect Sources Required to Have Sec. 010 Statement of Policy (3-1-72) Sec. 025 Regional Air Pollution Authorities Indirect Source Construction Permits (6- Sec. 015 Authorization to Operate a (10-24-83) Wigwam Burner (3-1-72): 29-79) Division 30—Specific Air Pollution Control Sec. 020 Repealed 20-120 Establishment of an Approved Rules for the Medford-Ashland Air Qualify Sec. 025 Monitoring and Reporting (3=—1—72) Regional Parking and Circulation Plan(s) Maintenance Area by a City, County or Regional Planning Hot Mix Asphalt Plants Sec. 005 Purposes and Application (4-7-78) Agency (6-29-79) Sec; 105 Definitions (3-1-73) See. 010 Definitions (5-8-81) 20-125 Information and Requirements Sec. 110 Control Facilities. Required (3-1-73) Sec. 015 Wood Waste Boilers (10-29-8Q, 6- Applicable to Indirect Source(s) Sec. 115 Other Established Air Qualify 13-86) Construction Permit Applications Where Limitations (3-1-73) Sec. 020 Veneer Dryer Emission Limitations An Approved Regional Parking and Sec. 120 Portable Hot Mix Asphalt Plants (1-28-80) Circulation Plan is on File (6-29-79) (4-18-83) Sec. 025 Air, Conveying Systems (4-7-78) 29-129 Information and Requirements Sec. 125 Ancillary Sources of Emission— Sea 030 Wood Particle Dryers at Applicable to Indirect Source(s) Housekeeping of Plant Facilities (3-1-73) Particleboard Plants (5—6—81). Construction Permit Application Where 36010 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations

No Approved Regional Parking and 33-055 Sulfur Content of Fuels (8-2-72) 40 CFR Part 271 Circulation Plan is On File (6-29-79) 33-060 Board Products Industries (6-2-72) 26-130 Issuance or Denial of Indirect 33-065 Charcoal Producing Plants (5-15- Source Construction Permits (6-29-79) 79) [FRL-3978-2] 20- 135 Permit Duration (11-18-75) 33-070 Kraft Pulp Mills (9-14-82) Title 21 Registration, Reports & Test Title 36 Rules for Open Outdoor Burning (1- Indiana: Final Authorization of Procedures Revisions to State Hazardous Waste 21- 005 Registration of Sources (8-2-72) 30-80) Management Program 21-010 Authority to Construct (6-29-79) Title 42 Rules of Practice and Procedure— 21-015 Submission of Plans & Hearing Procedure (6-26-79) AGENCY: Environmental Protection Specifications (8-2-72) Title 44 Rules of Practice and Procedure (6- 21-020 Notice of Approval (8-2-72) 26-79) Agency. 21-025 Deviation from Approved Plans or Specifications (8-2-72) Title 45 Rules of Practice and Procedure— ACTIO N : Immediate final rule. 21-030 Order Prohibiting Construction— Decision and Appeal (6-29-79) Order Posting (6-29-79) Title 51 Air Pollution Emergencies SUM M ARY: Indiana has applied for final 21-035 Notice of Completion (8-2-72) 51-005 Introduction (8-2-72) authorization of revisions to its 21-040 Compliance Schedule (8-2-72) 51-010 Episode Criteria (8-2-72) 21-045 Source Emission Tests (8—2—72) authorized hazardous waste program 51-015 Emission Reduction Plans (8-2-72) under the Resource Conservation and 21-050 Upset Conditions (8-2-72) 51-020 Preplanned Abatement Strategies 21-055 Records (8-2-72) Recovery Act of 1976 as amended (8-2-72) (hereinafter "RCRA” or the “Act”). The 21-060 Restart of Existing Sources (8-2- 51-025 Implementation (8-2-72) 72) Environmental Protection Agency (EPA) Title 22 Permits, except for Definition 51-026 Effective Date (8-2-72) has reviewed Indiana’s application and Number 7 “Dispersion Techniques” and 4. Control Strategies for Nonattainment has reached a decision, subject to public Definition Number 11 “Good Engineering Areas (1-86) 4.1 Portland-Vancouver AQMA-Total review and comment, that Indiana’s Practice Stack Height” (4-13-82) hazardous waste program revisions Title 31 Ambient Air Standards Suspended Particulate (12-19-80) 31-005 General(8-2-72) satisfy all the requirements necessary to 4.2 Portland-Vancouver AQMA-Carbon qualify for final authorization. Thus, 31-015 Suspended Particulate Matter (8- Monoxide (7-16-82) EPA intends to grant final authorization 2-72) 4.3 Portland-Vancouver AQMA-Ozone (7~ 31-025 Sulfur Dioxide (8-2-72) 16-82) to Indiana to operate its revised 31-030 Carbon Monoxide (8-2-72) 4.4 Salem Nonattainment Area-Carbon program, subject to authority retained 31-035 Ozone (7-12-83) Monoxide (7-79) by EPA under the Hazardous and Solid 31-040 Hydrocarbons (8-2-72) Waste Amendments of 1984 (Pub. L. 98- 31- 045 Nitrogen Dioxide (8-2-72) 4.5 Salem Nonattainment Area-Ozone (9- 16-80) 616, November 8,1984, hereinafter Title 32 Emission Standards “HSWA”). 32- 005 General(6-29-79) 4.6 Eugene-Springfield AQMA-Total 32-010 Restriction in Emission of Visible Suspended Particulate (1-30-81) DATES: Effective date: Final Air Contaminant (6-26-79) 4.7 Eugene-Springfield AQMA-Carbon authorization of Indiana’s application 32-025 Exceptions—Visible Air Monoxide (6-20-79) shall be effective September 30,1991 Contaminant Standards (8-2-72) 4.8 Medford-Ashland AQMA-Ozone (1- unless EPA publishes a prior Federal 32-030 Particulate Matter Weight 85) Standards (8-2-72) Register action withdrawing this 32-035 Particulate Matter Weight 4.9 Medford-Ashland AQMA-Carbon immediate final rule. Standards—Existing Sources (8-2-72) Monoxide (8-82) All comments on Indiana’s program 32-040 Particulate Matter Weight 4.10 Medford-Ashland AQMA-Particulate revision application must be received by Standards—News Sources (8-2-72) Matter (4-83) 4:30 p.m. central standard time on 32-045 Process Weight Emission 4.11 Grants Pass Nonattainment-Carbon August 14,1991. Limitations (8-2-72) Monoxide (10-84) 32-055 Particulate Matter Size Standard ADDRESSES: Copies of Indiana’s (8-2-72) 5. Control Strategies for Attainment and Nonattainment Areas (1-86) program revision application are 32-060 Airborne Particulate Matter (8-2- 5.1 Statewide Control Strategies for Lead available for inspection and copying, 72) from 8:30 a.m. to 4:30 p.m., at the 32-065 Sulfur Dioxide Emission (1-83) Limitations (8-2-72) 5.2 Visibility Protection Plan (10-24-86) following addresses: Indiana 32-100 Plant Site Emission Limits Policy 5.3 Prevention of Significant Deterioration Department of Environmental (6-14-82) (1-86) Management, Hazardous Waste 32-101 Requirement for Plant Site 6. Ambient Air Quality Monitoring Program Management Branch, 105 South Emission Limits (6-14-82) 6.1 Air Monitoring Network (1-86) Meridian Street, Indianapolis, Indiana 32-102 Criteria for Establishing Plant Site 6.2 Data Handling and Analysis Procedures 46206, Contact: Michael Dalton, (317) Emission Limits (6-14-82) (1-86) 232-8884; U.S. EPA Headquarters 32-103 Alternative Emission Controls 6.3 Episode Monitoring (1-86) Library, PM 211A, 401 M Street SW., (Bubble) (6-14-82) Washington, DC 20460, phone (202) 382- 32-104 Temporary PSD Increment 7. Emergency Action Plan (1-86) Allocation (9-14-82) 8. Public Involvement (1-86) 5926; U.S. EPA Region V, Waste 32-800 Air Conveying Systems (1-8-85) 9. Plan Revisions and Reporting (1-86) Management Division, Office of RCRA, 32- 990 Other Emissions (6-2-72) OAR Chapter 629-43-043 Smoke 230 South Dearborn Street, Chicago, Title 33 Prohibited Practices and Control of Management Plan Administrative Rule Illinois 60604, Contact: George Woods, Special Classes (12-12-86) (312) 886-6134. Written comments on 33- 020 Incinerator and Refuse Burning Directive 1-4-1-601 Operational Guidance Indiana’s application should be sent to Equipment (8-2-72) for the Oregon Smoke Management George Woods, at the address listed 33-025 Wigwam Waste Burners (8-2-72) Program (12-88) below. 33-030 Concealment and Masking of Emissions (6-2-72). (FR Doc. 91-17951 Filed 7-29-91; 8:45 am] FOR FURTHER INFORMATION CONTACT: 33-045 Gasoline Tanks (8-2-72) BILLING CODE 6560-50-M George Woods, Indiana Regulatory Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations 36011

Specialist, U.S. Environmental On September 30,1991 (unless EPA Analogous state Federal requirement Protection Agency, Region V, Waste publishes a prior Federal Register action authority Management Division, Office of RCRA, withdrawing this immediate final rule), Program Management Branch, Indiana will be authorized to carry out, • Liability Coverage— Cor­ Indiana Administrative porate Guarantee, July Code, Title 329, Regulatory Development Section, 5HR- in lieu of the Federal program, those 11, 1986 (51 FR 25350). Article 3, Rule 2 2- JCK-13, 230 South Dearborn, Chicago, provisions of the State’s regulations 24(a) (2) and (3); Illinois 60604, (312) 886-6134 (FTS 886- which were modified and originally 22-24(b) (3); 2 2- 6134). 24(g) (1) (A) and (B); codified at title 320, article 4, rule 1 (320 22-24(g) (2); 47-8(a) SUPPLEMENTARY INFORMATION: LAC 4.1) of the Indiana Administrative (3); 47-8(b) (3); 4 7- Code, effective June 19,1988 (see 8(g) (1) (A) and (B); A. Background Indiana Register, Volume 11, Number 10, 47-8(g) (2); 4 7 -8 - 10(g); and 4 7 -8 - States with final authorization under pages 3153-3199, July 1,1988). Because 10(h) (2). (Effective section 3006(b) of RCRA, 42 U.S.C. Indiana’s hazardous waste management July 1, 1988.) 6926(b), have a continuing obligation to rules found at 320IAC 4.1 were repealed • Listing of Spent Pickle Indiana Administrative Liquor. 40 CFR 261.32, Code, Title 329, maintain a hazardous waste program and simultaneously recodified at title as amended May 28, Article 3, Rule 6-3. that is at least equivalent to, consistent 329, article 3 (329 IAC 3) of the Indiana 1986, and September (Effective July 1, with, and no less stringent than the Administrative Code, effective July 1, 22, 1986 (51 FR 19320 1988.) Federal hazardous waste program. For 1988 (see Indiana Register, Volume 11, and 51 FR 33612). further explanation see section C of this O Interim Status Stand­ Indiana Administrative Number 10, pages 3199 and 3210 through ards for Owners/Opera- Code, Title 329, notice. 3519, July 1,1988), the modified rules are tors of Hazardous Waste Article 3, Rule 2 5- In accordance with 40 CFR 271.21(a), designated herein under the recodified TSD Facilities, March 7(a) (1) and (2); 2 5- 7(a)(2) (A) and (B); revisions to State hazardous waste citations and have the 329 IAC 3 prefix. 19, 1987 (52 FR 8708). programs are necessary when Federal or 25-7(a)(2) (C) (i) (ii) These State rules are being recognized (iii) (iv) and (v); 25- State statutory or regulatory authority is 7(b) (b) (1) (2) and modified or when certain other changes as analogous to the following provisions of the Federal Program: (3). (Effective July 1, occur. Most commonly, State program 1988.) revisions are necessitated by changes to • Development of Correc­ Indiana Administrative EPA’s regulations in 40 CFR parts 124, tive Action Programs Code, Title 329, Analogous state After Permitting Hazard­ Article 3, Rule 3 4- Federal requirement 260-268 and 270. authority ous Waste Land Dispos­ 5(c)(7); and 34-5(c) al Facilities, June 22, (8)(E). (Effective July B. Indiana 1987 (52 FR 23447) as 1, 1988.) Standards for Hazard- Indiana Administrative amended September 9, ous Waste Storage and Code, Title 329, Indiana initially received final 1987 (52 FR 33936). authorization for its base RCRA Treatment Tank Sys­ Article 3, Rule 1-7; tems, July 14, 1986 (51 3-4(a)(8); 9-5(a)(1), program effective January 31,1986 (51 FR 25422, as amended 9—5(d) (2) and (3); FR 3953-3954, January 31,1986). Indiana August 15, 1986 (51 FR 16—4(b)(6); 16-6(b) EPA shall administer any RCRA received authorization for revisions to 29430). (Note: These (4); 19-4(b) (3) and hazardous waste permits, or portions of its program effective December 31,1986 provisions cover both (6); 21—1(2)(C); 2 2 - permits, that contain conditions based HSWA and non-HSWA 1(b); 24-1 (a) and (b); (51 FR 39752-39754, October 31,1986) portions of the Subtitle 24-2(a) (b) (c) and upon the Federal program provisions for January 19,1988 (53 FR 128-129, January C Tank Standards.) (d); 24-3(a) (b) (c) which the State is applying for 5,1988), and September 11,1989 (54 FR (d) (e) (f) and (g); authorization and which were issued by 29557-29559, July 13,1989). On 24-4(a) (b) (c) (d) (e) EPA prior to the effective date of and (f); 24-4(f)(1)- November 1,1988, Indiana submitted a (4); 24-4(g) (h) and Indiana’s authorization. EPA will program revision application for (i); 24-5(a) (b) and suspend issuance of any further permits additional program approvals covering (c); 24-6(a) (b) and under the provisions for which the State both the non-HSWA and HSWA Cluster (c) ; 24-7(1 )-(6); 24- is being authorized on the effective date 8(a) (b) and (c); 2 4- I Portions of the Subtitle C Tank 9(a) and (b); 2 4- of this authorization. EPA has Standards, and for provisions of Non- 10(a) and (b); 2 4- previously suspended issuance of HSWA Cluster III. On November 19, 11(1) and (2); 2 4- permits for other provisions on January 1990, the Indiana Attorney General 12(a) (b) (c) (d) (e) 31,1986, on January 19,1988, and on certified that, in his opinion, the laws of and (f); 34-5(b) (5) and (13); 34-7(1)- September 11,1989, the effective dates the State of Indiana provide adequate (10); 38-3(e); 41- of Indiana’s final authorizations for the authority to carry out this revised 6(b) (4); 44-4(b)(6); RCRA base program and for two program, and that the specific 46-1 (b)(3); 47-1 (b) approved revisions to Indiana’s authorities provided are contained in (3) ; 49-1 (a) and (b); 49-2(a) (b) (c) and authorized program. statutes or regulations lawfully adopted (d) ; 49-3(a) (b) (c) Indiana is not authorized to operate and in effect as of November 19,1990. (d) (e) (f) and (g); the Federal Program on Indian lands. EPA has reviewed Indiana’s 49-4(a) (b) (c) (d) (e) This authority shall remain with EPA and (f); 49-4(f)(1)- application and has made an immediate (4) ; 49-4(g) (3) and unless provided otherwise in a future final decision, subject to public review (4); 49-4(h) and (ii); statute or regulation. and comment, that Indiana’s hazardous 49-5(a) (b) and (c); C. Effect of HSWA on Indiana’s waste management program revisions 49-6(a) (b) (c) and (d); 49-7(1 )-(6); 4 9- Authorization are equivalent to the Federal program 8(a) (b) and (c); 4 9 - revisions listed below and satisfy all the 9(1) and (2); and 4 9 - Prior to the Hazardous and Solid requirements necessary to qualify for 10(a) and (b). Waste Amendments to RCRA, a State final authorization. Consequently, EPA (Effective July 1, with final authorization would have 1988.) administered its hazardous waste intends to grant final authorization to • Radioactive Mixed IC 13-7-1-22. Indiana for its additional program Waste, July 3, 1986 (51 (Effective July 1, program instead of, or entirely in lieu of, revisions. FR 24504). 1988.) the Federal program. Except for 36012 Federal Register / Vol. 56, No, 146 / Tuesday, Julj 30, 1991 / Rules and Regulations

enforcement provisions not applicable and its effect on authorized States. That List of Subjects in 40 CFR Part 271 here, EPA no longer directly applied the notice was published at 50 FR 28707— Administrative practice and Federal requirements in the authorized 28755, July 15,1985. procedure, Confidential business State, and EPA could not issue permits D. Decision information, Hazardous materials for any facilities the State was transportation, Hazardous waste, Indian authorized to permit. When new, more I conclude that Indiana’s application lands, Intergovernmental relations, stringent, Federal requirements were for this program revision meets all the Penalties, Reporting and recordkeeping promulgated or enacted, the State was statutory and regulatory requirements requirements, Water pollution control, obligated to obtain equivalent authority established by RCRA. Accordingly, EPA Water supply. within specified time frames. New grants Indiana final authorization to Federal requirements usually did not operate its hazardous waste program as Authority: This notice is issued under the take effect in an authorized State until revised. Indiana now has responsibility authority of sections 2002(a), 3006, and the State adopted the requirements as 7004(b) of the Solid Waste Disposal Act, as for permitting treatment, storage, and amended, (42 U.S.C. 6912(a), 6926, and State law. disposal facilities within its borders and 6974(b)). In contrast, under the amended carrying out the other aspects of die section 3006(g) of RCRA, 42 U.S.C. Dated: February 22,1991. RCRA program. This responsibility is Valdas V, Adamkua, 6926(g), new HSWA requirements and subject to the limitations of this program prohibitions take effect in authorized revision application and previously Regional Administrator. States at the same time as they take approved authorities. Indiana also has Editorial Note: This document was received effect in nonauthorized States. EPA primary enforcement responsibilities, in the Office of the Federal Register on July directly carries out those requirements although EPA retains the right to 23,1991. and imposes those prohibitions in conduct inspections under section 3007 (FR Doc. 91-17793 Filed 7-29-91; 8:45 am] authorized and non-authorized States, of RCRA, and to take enforcement BILLING CODE 6560-5041 including the issuance of full or partial actions under sections 3008,3013, and HSWA permits, until EPA grants the 7003 of RCRA. State authorization to do so. States must still, in accordance with the deadlines E. Codification in Part 272 DEPARTMENT OF COMMERCE specified in paragraphs 40 CFR EPA codifies authorized RCRA State National Oceanic and Atmospheric 271.21(e)(2) (ii) through (v), adopt programs in part 272 of 40 CFR. The Administration HSWA-related provisions as State law purpose of codification is to provide in order to retain final authorization. In notice to the public of the scope of the 50 CFR Part 681 the interim, the HSWA provisions apply authorized program in each State. [Docket No. 910494-1094] in authorized States. Codification of these revisions to the As a result of the HSWA, there will be a dual State/Federal regulatory program Indiana program will be published later Western Pacific Crustacean Fisheries in a separate Federal Register notice. in Indiana. To the extent HSWA does AGENCY: National Marine Fisheries not affect the authorized State program, Compliance With Executive Order 12291 Service (NMFS), NOAA, Commerce. the State program will operate in lieu of the Federal program. To the extent The Office of Management and Budget ACTIO N: Emergency interim rule; HSWA-related requirements are in has exempted this rule from die effective date extension of closure of the effect, EPA will administer and enforce requirements of section 3 of Executive lobster fishery in the Northwestern those HSWA requirements in Indiana Order 12291. Hawaiian Islands. until the State is authorized for them. Certification Under the Regulatory s u m m a r y : Hie Secretary of Commerce Among other things, this will entail the Flexibility Act (Secretary) extends an emergency rale issuance of Federal RCRA permits for now in effect that closes the lobster those HSWA requirements for which the Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify that this fishery in the Northwestern Hawaiian State is not yet authorized, in addition Islands (NWH3). An extended closure oi to any State permits. authorization will not have a significant economic impact on a substantial the fishery is needed to protect the Indiana is being authorized to lobster spawning stock from heavy implement only those HSWA number of small entities. This authorization effectively suspends the fishing pressure during the summer peak requirements addressed in the July 14, spawning period. In addition, this 1986, FR notice, as amended August 15, applicability of certain Federal regulations in favor of Indiana’s extension will allow the Western Pacific 1986, (51 FR 25422 and 51 FR 29430.) Fishery Management Council to Once EPA authorizes Indiana to carry program, thereby eliminating duplicative requirements for handlers of hazardous complete an amendment to the Fishery out further HSWA requirements or Management Flan for the Crustacean prohibitions, the State program in those waste in the State. It does not impose any new burdens on small entities. This Fisheries of the Western Pacific Region areas will operate in lieu of the Federal (FMP) that would establish a seasonal provisions or prohibitions. Until that rule, therefore, does not require a regulatory flexibility analysis. closure, a limited entry plan, and an time, the State may assist EPA’s annual harvest quota, without a lapse in implementation of the HSWA under a Paperwork Reduction Act protection to the lobster stock. Cooperative Agreement. Any effective State requirement that is more stringent Under the Paperwork Reduction Act, EFFECTIVE DATE: The emergency interim or broader in scope than a Federal 44 U.S.C. 3501 et seq., Federal agencies regulations published on May 13,1991, HSWA provision will continue to must consider the paperwork burden are extended from 0000 horns local time remain in effect; thus, regulated imposed by any information request August 13,1991, to 2400 hours local time handlers must comply with any more contained in a proposed rule or a final November 10,1991. stringent State requirements. rule. This rule will not impose any a d d r e s s e s : Copies of die EPA has published a Federal Register information requirements upon the environmental assessment prepared for notice that explains in detail the HSWA regulated community. the emergency rule may be obtained Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Rules and Regulations 36013 from, and comments should be low level of lobster spawning stock Secretary extends for 90 days the addressed to R.V. Fullerton, Director, biomass, which may be at or near the effective dates of the rule under section Southwest Region, NMFS, 300 South level at which recruitment failure could 305(c)(3)(B) of the Magnuson Act. Ferry Street, Terminal Island, CA 90731. occur. The catch per unit of effort The emergency rule is exempt from FOR FURTHER INFORMATION CONTACT: (CPUE) of legal lobster from January the normal review procedures of Svein Fougner, Fisheries Management through April 1991 was 0.63 legal Executive Order 12291 as provided in Division, Southwest Region, NMFS, lobsters per trap-haul. This CPUE is the section 8(a)(1) of that order. The rule Terminal Island, California (213) 514- lowest recorded during the period since was reported to the Director of the 6660, (FTS) 795-6660, or Kitty Simonds, 1984 when data records become Office of Management and Budget with Executive Director, Western Pacific available. The closure is intended to an explanation of why following the Fishery Management Council, Honolulu, increase the biomass of spawning procedures of that order was Hawaii (808) 523-1368, (FTS) 551-1974. lobster by prohibiting the harvest of impracticable. SUPPLEMENTARY INFORMATION: Under lobsters before the during the summer List of Subjects in 50 CFR Part 681 the emergency action authority of peak spawning period. Also, it is section 305(c) of the Magnuson Fishery intended to delay the opening of the Fisheries. Fishing, Reporting and Conservation and Management Act fishery while Amendment 7 to the FMP recordkeeping. (Magnuson Act), the Secretary issued an is being prepared. That amendment, if Dated: July 24. 1991. emergency rule (56 FR 21961, May 13, approved, would establish a seasonal Samuel W. McKeen, 1991) temporarily amending the FMP closure, a limited entry program, and a and its implementing regulations. The process to set an annual harvest quota. Acting Assistant Administrator for Fisheries. National Marine Fisheries Service. rule, which become effective at 0000 Because the same circumstances still hours local time May 8,1991, closes the exist in the fishery as when the (FR Doc. 91-18004 Filed 7-29-91: 8:45 am) NWHI lobster fishery in response to the emergency rule took effect, the BILLING CODE 3510-22-M 36014

Proposed Rules Federal Register Voi. se, No. 146 Tuesday, July 30, 1991

This section of the FEDERAL REGISTER Consumer Information Act (Act), as Promotion and Consumer Information contains notices to the public of the amended (7 U.S.C. 4601-4612). The Order,” as amended in 1991 (7 CFR proposed issuance of rules and referendum is to be conducted among 1240.200). Ballots will be mailed to ail regulations. The purpose of these notices the producers and importers of honey eligible honey producers and importers is to give interested persons an who, during the period January 1,1990, of record on or before August 1,1991. opportunity to participate in the rule making prior to the adoption of the final through December 31,1990 (which Honey producers and importers not rules. period is hereby determined to be the receiving ballots for the referendum may representative period for purposes of obtain them from State Agricultural this referendum), were engaged in the Stabilization and Conservation Service DEPARTMENT OF AGRICULTURE production or importation of honey to Offices, and some of their county and ascertain whether producers and Agricultural Marketing Service local offices, and from the referendum importers favor continuance of the agent. Ballots must be postmarked no 7 CFR Part 1240 Order and/or termination of the refund later then August 31,1991, to be of assessment provisions. counted. [Docket No. FV-91-272] The Act, as amended, provides that List of Subjects in 7 CFR Part 1240 the Secretary shall conduct a Honey Research, Promotion and referendum to determine if honey Honey, Agricultural research, Consumer Information Order; Order producers and importers favor, (1) The Reporting and recordkeeping Directing That a Referendum Be continuation of the Order, and (2) requirements, Market development, and Conducted; Determination of termination of the authority for honey Consumer information. Representative Period for Voter producers and importers to obtain a Eligibility; and Designation of a Authority: Honey Research, Promotion and refund of assessments. Consumer Information Act, as amended, 7 Referendum Agent To Conduct the The Act requires the Secretary to Referendum U.S.C. 4601-4612. terminate the Order if its continuance is Dated: July 19,1991. AGENCY: Agricultural Marketing Service, not favored by the requisite majority of JoAnn R. Smith, USDA. voting producers and importers, who Assistant Secretary for Marketing and ACTIO N: Order for referendum. produced and imported more than 50 Inspection Services. percent of the volume of honey [FR Doc. 91-17996 Filed 7-29-91; 8:45 am] s u m m a r y : This document directs that a produced and imported by those voting referendum be conducted among eligible in the referendum. BILLING CODE 3410-02-M honey producers and importers to In the event the termination of the determine: (1) Whether they favor refund provisions is favored by more Rural Electrification Administration continuance of the Honey Research, than 50 percent of the producers and Promotion, and Consumer Information importers voting in the referendum, who 7 CFR Part 1703 Order (Order): and, (2) whether they produced and import4ed more than 50 favor termination of the authority for percent of the volume of honey Rural Development Loan and Grant producers and importers to obtain a produced and imported by those voting Program refund of assessments. in the referendum, the Order would be a g e n c y : Rural Electrification OATES: For purposes of determining amended to reflect that decision. voter eligibility, the representative In accordance with the Paperwork Administration, USDA. production period is from January 1, Reduction Act of 1980 (44 U.S.C. chapter a c t io n : Proposed rule. 1990, to December 31,1990. The 35), the ballot materials that will be sued referendum will be conducted from in the referendum herein ordered have s u m m a r y : The Rural Electrification August 1 through August 31,1991. been submitted to and approved by the Administration (REA) proposes to Office of Management and Budget amend 7 CFR chapter XVII by revising a d d r e s s e s : Copies of the text of the (OMB) and have been assigned OMB part 1703, subpart B, Rural Economic aforesaid Order may be examined in the Development Loan and Grant Program. Office of the Docket Clerk, Marketing No. 0581-0093. It has been estimated that it will take an average of 10 minutes Policies, requirements and procedures Order Administration Branch, F&V, contained in this subpart implement a AMS, USDA, room 2525-S, P.O. Box for each of the approximately 6,000 producers and importers of honey to rural economic development zero 96456, Washington, DC 20090-6456. participate in the voluntary referendum interest loan and grant program FOR FURTHER INFORMATION CONTACT: balloting. established by section 313 of the Rural Sheila A. Young, (202) 475-3930, at the Ms. Sheila A. Young, Marketing Order Electrification Act of 1936, as amended above address. Administration Branch, Fruit and (7 U.S.C. 901 et seq.) (the “RE Act”). The SUPPLEMENTARY INFORMATION: This Vegetable Division, Agricultural program provides funds to RE Act order directs that a referendum be Marketing Service, USDA, is hereby Borrowers for the purpose of promoting conducted among honey producers and designated the referendum agent of the rural economic development and job importers under the Honey Research, Secretary of Agriculture to conduct this creation projects. This proposed revision Promotion and Consumer Information referendum. The procedure applicable to would establish a method of Order (Order) (7 CFR part 1240), as the referendum shall be the "Procedure documenting REA’s selection process, amended. The Order is effective under for the Conduct of Referenda in permit REA to establish the maximum the Honey Research, Promotion and Connection with the Honey Research, size of the loan or grant, permit Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules 36015

Borrowers to file during the first under No. 10.854, Rural Economic (53 FR 43442). REA received a number of fourteen days of every month, provide Development Loan and Grant Program. comments in support of a point system detailed guidance on the form of an The reporting requirements contained from the public. When the final rule was application and make other less in this proposed rule have been published in 1989, REA did not include a significant changes in the program. The submitted for approval to the Office of point system (54 FR 6887). The final rule proposed revisions are based on Management and Budget (OMB) in stated that “REA needs the latitude to experiences during the first two years of accordance with the Paperwork develop its method of evaluating rural the program’s operation. These revisions Reduction Act of 1980 (44 U.S.C. 3501 et economic development projects as it would provide the Borrowers with seq.). The amendments to the reporting gains experience” since the nature of information on REA’s selection process, requirements in the existing rule will not this program differed entirely from standardize the form of the application, become effective until approved by traditional REA financing programs. expedite the advance of funds to the OMB. Over the course of the last two years rural economic development projects, Public reporting burden for this REA has gained a considerable amount and improve the overall operation of the collection of information is estimated to of experience in evaluating and program. average 3.6 hours per response, selecting applications. In addition, the DATES: Written comments must be including the time for reviewing Department of Agriculture’s (USDA) submitted not later than August 29,1991. instructions, searching existing data Office of Inspector General (OIG) has ADDRESSES: Submit written comments sources, gathering and maintaining the recommended that REA establish a to Mark B. Wyatt, Rural Economic data needed, and completing and numerical based methodology to rank Development Coordinator, Rural reviewing the collection of information. all applications to document the Electrification Administration, room Send comments regarding this burden selection process. Based on this 4051, South Building, U.S. Department of estimate or any other aspect of this experience and the OIG Agriculture, 14th and Independence collection of information, including recommendation, REA has decided to Avenue, SW., Washington, DC 20250. suggestions for reducing this burden, to propose a selection process based on The public may inspect all written U.S. Department of Agriculture, the total number of points assigned to comments on this proposed rule during Clearance Officer, OIRA, room 404-W, the Borrower’s application. The regular business hours at the above Washington, DC 20250 and to the Office proposed point system will provide a address (7 CFR 1.27(b)). REA requests of Management and Budget, Paperwork Borrower with specific information on an original and three copies of all Reduction Project, Washington, DC REA’s evaluation of its application and comments. 20503. how it stands with respect to other FOR FURTHER INFORMATION CONTACT: Background applications under consideration. Mark B. Wyatt, Rural Economic On February 15,1989, REA published The proposed rule uses the selection Development Coordinator, Rural the final rule, 7 CFR 1709, subpart B, in factors in the existing regulation, with a Electrification Administration, room the Federal Register (54 FR 6887) that few additions, deletions and 4051, South Building, U.S. Department of implemented the Rural Economic modifications. Points would be used to Agriculture, 14th and Independence Development Loan and Grant Program, document REA's evaluation of the Avenue SW., Washington, DC 20250, also known as the Cushion of Credit application for each selection factor. telephone number (202) 382-9552. Payments Program, established by The selection factors and the weights SUPPLEMENTARY INFORMATION: This rule section 313 of the Rural Electrification assigned to each factor have been is issued in conformance with Executive Act of 1936, as amended, (the “RE Act”). carefully designed to reflect the many Order 12291. This action will not (1) On September 27,1990, REA changed different types of projects that will have an annual effect on the economy of the designation of this rule from 7 CFR promote economic development and job $100 million or more; (2) result in a part 1709 to part 1703 (55 FR 39393). This creation in rural areas. The development major increase in costs or prices for program provides funds to RE Act of this ranking system is guided by consumers, individual industries, Borrowers for the promotion of rural several important concepts. The first Federal, State, or local government economic development and job creation concept is the importance of having agencies, or geographic regions; or (3) projects. As of April 1991, REA had other funds supplement REA’s financing result in significant adverse effects on selected 146 zero interest loan The proposed rule requires at least a competition, employment, investment, applications totalling $12,403,500. modest portion of the financing to come productivity, innovation, or on the from other sources. The minimum ability of United States-based Revision of Regulation amount of supplemental financing enterprises to compete with foreign- This proposed rule reflects the required would be equal to twenty based enterprises in domestic or export experience REA has gained during the percent of the REA funds. In addition to markets. Therefore, this rule has been first two years of the Rural Economic this minimum requirement, the number determined to be “non-major." Development Loan and Grant Program. of points assigned to supplemental funds This action does not fall within the The most significant revision is to select increases to tire maximum level of scope of the Regulatory Flexibility Act. applications based on the total number points when supplemental funds are five REA has concluded that promulgation of of points that are received during the times the amount of REA funds this rule will not represent a major evaluation process. When the initial rule requested. The maximum number of Federal action that significantly affects for this program was being developed in points was capped at a level equal to the quality of the human environment late 1988 and early 1989, REA spent a 500 percent so large Projects with only a under the National Environmental Policy considerable amount of time evaluating very small percentage of REA funds Act of 1969 (42 U.S.C. 4321 e t seq. (1976)) the desirability of a ranking procedure would not dominate all other and, therefore, does not require an based on assigning a given number of applications. environmental impact statement or an points for each selection factor. In 1988, The unemployment rate and per environmental assessment. REA proposed an evaluation process capita personal income levels also are This program is listed in the Catalog without a point system and requested very significant factors in determining of Federal Domestic Assistance (1990) comments from the public on this matter the number of points an application 36016 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules receives. There is a close connection number of points it receives. The First, an application with between supplemental financing levels proposed rule allows REA to (a) limit supplemental funds equal to the amount and these two economic indicators. A the number of selections in a particular of REA financing being requested fthe Project receiving the highest number of state during a fiscal year, (b) limit the 100% level) is used as the midpoint. As points for the two economic indicators number of selections made to a mentioned previously, the maximum but the lowest number for supplemental particular Borrower during each number of points for supplemental funds financing receives approximately the selection period, (c) allocate funds is capped at a level equal to 500 percent. same number of points as the Project between the Electric and Telephone For the unemployment rate factor, scoring highest in supplemental program Borrowers, (d) decline to select approximately 33 percent of the counties financing but lowest for the economic an application that will not promote in the United States fall within the indicators. This tends to adjust for economic development and/or job category which receives the maximum concerns that those in less economically creation in rural areas, (e) decline to number of points and approximately 80 advantaged areas might not be as able select an application to protect the long­ percent of the counties fall into the to arrange as much supplemental term interests of the program, (f) decline categories which receive more than the financing as other areas. to select an application for funds that minimum number of points. These same Another concept is the necessity of would merely transfer property or real distribution percentages were used for including several factors that are estate between owners without making the per capita personal income selection subjective in nature. Given the nature of any improvements that promote factor. this program, no ranking system should economic development, (g) decline to The levels used for job creation per select Projects simply on the basis of select an application based on the dollar invested reflect levels used in factors such as the amount of management and financial situation of other programs. For example, one U.S. supplemental funds being used to the REA Borrower, (h) decline to select Small Business Administration program finance the Project or the current an application if there are conflicts with (the Section 504 Certified Development economic conditions. First REA must State laws, (i) decline to select an Company Program) requires one job per select Projects that will result in long­ application if the Borrower is in default $15,000 and they have experienced term economic development or job on its REA loans, (j) select the highest approximately one job per $10,000. The creation in rural areas. Second, REA, as ranking feasibility studies, and, finally one job per $10,000 level would receive any other lending institution, must (k) select an application receiving fewer the maximum number of points under consider factors that relate to the points if there are insufficient funds this proposed rule. ultimate recipient and indicate the remaining for the higher scoring Finally, the levels proposed for the likelihood of success. An example of application but sufficient funds for one cushion of credit payments factor are such a factor is the ultimate recipient’s receiving fewer points. designed to encourage Borrowers to business plan. While there are The exception for feasibility studies support this program. They are tied into subjective elements, this ranking system listed above under (j) recognizes that the number of points that would be provides REA an opportunity to studies will tend to receive fewer points given for supplemental funds invested document the decision-making process for several of the selection factors. by the Borrower in the Project. They are for each selection factor. This Rather than introduce the complications not at the same level because an documentation, in turn, will be useful to of a separate ranking for feasibility investment in a rural development a Borrower to determine how its studies, REA would be able to select the project even earning an interest rate application has been evaluated with highest ranking studies from within a above five percent has risk whereas a respect to each selection factor. . group of applications. The last exception deposit into a cushion of credit account The concept of rural economic is risk-fee. It also recognizes that the development as a long-term process to discussed above under (k) proposes to allow REA to select a small application, existing cushion of credit deposit might increase productivity and the income be drawn down over a short period of levels of people in rural areas has been for example one requesting $25,000, if there are insufficient funds to select an time. Calculating the points for cushion added as a selection factor. The of credit payments as both a percentage emphasis on Projects that provide long­ application for $100,000. One selection factor that is proposed of assets and as an absolute dollar term benefits is also applied to creating amount takes into account the size of new jobs and improving the marketable in this revision pertains to the nature of skills of people in rural areas. REA the Project. Whenever a point system is the REA borrower. Smaller systems are intends for these factors to provide used there must be a methodology not at a disadvantage. For this factor, overall guidance for the long-term goals established that will result in the even a modest cushion of credit of this program. selection of Projects that will promote payment to show support for the Additionally, the proposal will economic development and job creation program results in a significant number establish a preference for Projects that projects as required in section 313 of the of points. have a meaningful level of REA funds. It RE Act. This factor will allocate REA It is proposed to revise § 1703.22 to is proposed that this level be set at five funds to Projects generally considered to permit the Administrator to establish the percent of the total amount of financing accomplish this goal such as the maximum size of a zero interest loan or required for the Project. While REA has creation or expansion of business and grant based on both the amount of funds proposed a system that strongly the improvement of marketable skills. available for this program and the encourages supplementing its funds, at a For most selection factors, the number and size of applicants. This will certain point the benefit of the Agency’s maximum number of points is basically allow REA to adjust the maximum size funds becomes fairly insignificant and a measure of its importance to the without rulemaking. the limited funds would be more overall selection. However, for It is proposed to revise § 1703.28(a) to effective assisting other projects. supplemental funds, unemployment permit Borrowers to file an application The last concept to be addressed is rates, per capita personal income levels, during the first fourteen days of every the need for REA to have the discretion jobs created, and the level of cushion of month rather than every other month. in certain circumstances to decline to credit payments, the points are based on REA would still maintain a minimum select an application regardless of the various levels and percentages. review period after an application has Federal Register / VoL 50, No. 140 / Tuesday, July 30, 1991 / Proposed Rules 36017 been received in order to provide time program. It is proposed to add these as defined in the RE Act (populations of for both State and local governments to requirements to § 1703.28(b) (3) and (4). 1,500 or less). review the application and for REA to In response to feedback from REA REA proposes to revise § 1703.10(c), perform an analysis. This review period Borrowers, it is proposed to revise the “Purposes of zero interest loans and would continue to be approximately 40 section on the form of the application, grants,” to state that zero interest loans to 45 days. REA would continue to § 1703.28(b), to provide detailed and grants under this program will not review all completed applications as a guidance on the information the be provided for electric and telephone group on a periodic basis. Borrower needs to submit. This purposes. This will state explicitly what It is proposed to revise § 1703.20(a)(1) proposed section would establish a was implicit in the previous regulation. to replace the term “owner” with the standard format for Borrowers to follow In addition to RE Act electric and term “Significant Stockholder.” A which should make applications easier telephone purposes, it is proposed to Significant Stockholder is defined as a to prepare and would also permit REA prohibit the use of funds for non-RE Act holder of five percent of stock in the to analyze the application more electric and telephone purposes such as REA Borrower. REA has also clarified expeditiously. It is proposed to revise a windmill producing electricity that is the provisions on conflicts of interest. the section by rearranging information not part of a system providing central The proposed rule provides that a currently requested into two sections station service, a co-generator producing closely held, for-profit REA Borrower that discuss the selection factors and electricity or a reseller of telephone would only be able to own or manage a describe the proposed Project. In service. REA has electric and telephone rural economic development Project addition, REA is proposing to revise the programs designed to assist in providing operated on a not-for-profit basis. This rule to request general environmental electric and telephone service in rural is an area in the program that the information with the application rather areas and believes they are the proper USDA’s Office of Inspector General felt than after the Project has been selected. source of any RE Act financing for those should be clarified in the rule. Based on experience gained this past purposes. In addition, REA will give a It is proposed to revise § 1703.20(a)(2) year, REA believes it can shorten the preference under this program to to modify restrictions on the use of REA time between the selection of an applications for Projects that are not funds for costs incurred on the rural application and completion of REA's funded through REA Borrowers under development Project prior to the date environmental review if the application other Federal programs. the application is received, selected and includes general environmental REA proposes a new section, 1703.21, REA’s environmental review completed. information that the Borrower can “Owner’s equity in the Projecf’which It is proposed to add § 1703.20(a)(4) to readily provide. This information will states that the Administrator may expressly prohibit “conflict of interest” assist REA to determine whether an determine that the owner of the rural business transactions. It is proposed to environmental assessment or statement development Project should invest add § 1703.20(a)(5) to prohibit the use of is required. In addition, REA will have equity capital in the Project. This REA funds to refinance indebtedness the information necessary to evaluate proposed section is designed to improve incurred prior to REA’s receipt of the the environmental impact of a proposed the long-term success of ventures, such application. REA believes the limited Project prior to considering it for as state-up businesses, where the funds available for this program should selection. proposed Project would be essentially not be used to lower the interest rate on financed entirely with debt. REA has existing indebtedness. It is proposed to As previously discussed, it is emphasized that one of the important add § 1703.20(a)(8) to prohibit the use of proposed to revise section 1703.22 to aspects of supplementing its funds with REA funds for any part of the increase the maximum amount of a loan other sources, such as private banks, Borrower’s utility operations. This or grant above the $100,000 level. In would be to encourage sound financial section also defines the maximum order to analyze these larger rural arrangements for the rural development amount of “reasonable loan servicing economic development Projects, it is Projects. In most cases a bank, or charges” to be, on average, equal to one proposed to require a more another source of funds, providing percent per year of the outstanding comprehensive proposal from a capital for the Project will require principal on the zero interest loan. In Borrower that requests more than adequate equity. There might be addition to loan servicing fees, expenses $100,000 in funds or more than $100,000 situations, however, where it may be associated with a letter of credit used to for a Project, (see § 1703.28(b)(6)(x)). necessary for the Administrator to guarantee an REA zero interest loan as REA is proposing to revise § 1703.14, condition REA financing on equity proposed in § 1703.23(d) may be passed “Eligibility,” by adding the provision considerations. REA recognizes the on to the ultimate recipient that a zero interest loan or grant will not situation of some fledgling Furthermore, § 1703.20(e) currently be approved for an REA Borrower when entrepreneurs but also recognizes the requires a Borrower to use a separate the Administrator has determined that importance of owner’s equity in account for any deposits of zero interest financial assistance should not be determining the ultimate success of the loan funds prior to disbursing them provided to the Borrower under any Project unless they will be disbursed within one section of the RE Act. It is proposed to revise § 1703.23(c) to month. It is proposed to revise § 1703.11, require an REA Borrower to repay its A considerable number of new laws “Policy,” to define the long-term goal of REA zero interest loan if the ultimate requiring certifications, assurances, rural economic development and job recipient of these funds repays its loan disclosures and pledges for any creation under this program as a to the Borrower, unless the application for Federal assistance have sustainable increase in the productivity Administrator has approved otherwise. been enacted over the last several years. of economic resources in rural areas, Additionally, REA proposes to add a There are requirements in these laws thereby leading to an increase in income new § 1703.23(d) to address the use of a that pertain to debarment and levels for the rural citizens. In addition, letter of credit to guarantee an REA zero suspension, acquisition of real property, it is proposed to add a provision interest loan. This new section provides disclosure of lobbying activities and encouraging Borrowers to promote the Administrator the discretion to offer establishment of a drug-free workplace Projects that will benefit “rural areas” a letter of credit as an option to a 36018 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules

Borrower in a situation where state of the zero interest loan is in default on Sec. laws, orders or rulings would place the its loan to the Borrower. 1703.17 Documenting the evaluation of applications for zero interest loans and risk that the ultimate recipient might not REA has received some complaints grants. repay its zero-interest loan on REA about tying the receipt of rural 1703.18 Significance of REA financing to the rather than the Borrower. In those development assistance from REA total project costs. situations, REA will require a third- Borrowers to acceptance of electric 1703.19 Preference for zero interest loans party guarantee to provide the service. This topic has been discussed over grants. necessary assurance that the REA zero recently in several industry seminars. In 1703.20 Limitations on the use of zero interest loan will be repaid. view of the continuing interest in this interest loan and grant funds. REA is proposing to revise § 1703.25, subject, REA invites comments from the 1703.21 Owner’s equity in the project. “Approval of agreements.” this section public on whether any REA regulation in 1703.22 Maximum and minimum sizes of a covers agreements between the REA this area is necessary or desirable. zero interest loan or grant. Borrower and the owner of a rural Persons urging provisions in this rule 1703.23 Terms of zero interest loan economic development Project. REA addressing tying arrangements are repayment. must obtain sufficient information about asked to elaborate on the basis for their 1703.24 Approval of agreements. these third-party or pass-through 1703.25 Transfer of employment or business. views and to suggest specific ways in 1703.26 Environmental requirements. transactions to fulfill its responsibilities which they think the proposed rule 1703.27 Other considerations. but wishes to reduce the administrative should be modified to address their 1703.28 Applications. burden to the extent possible. REA has concerns. 1703.29 Review and selection process. proposed to revise this section to permit Finally, REA is proposing to change 1703.30 Final application processing and prior approval of the final draft version the name of this program to the Rural legal documents. of the documents such as the loan Economic Development Financing 1703.31 Disbursement of zero interest loan agreement, security agreement and note. Program. There have been several new and grant funds. REA proposes to add § 1703.24(c) to programs that have authorized loans 1703.32 Review and other requirements. direct and caution REA Borrowers to and grants for REA Borrowers for rural make agreements and prepare economic development. We wish to Subpart B—Rural Economic documents with the owner of the rural distinguish this program from others Development Financing Program development Project, or those with a title that doesn’t rely simply on § 1703.10 Purpose. undertaking the Project, that are in the ability to provide loans and grants. accordance with all applicable laws. Any suggestions for alternative titles are (a) This subpart sets forth the Rural It is proposed to add § 1703.29(c) and welcome. Electrification Administration’s (REA’s) (e), § 1703.30(b) and § 1703.31 (b), (c) policies and procedures for making zero and (d) to cover situations where the List o f Subjects in 7 CFR Part 1703 interest loans and grants to Borrowers REA Borrower no longer wants funds for Community development, grant in accordance with the Cushion of a selected application, fails to complete programs—housing and community Credit Payments Program authorized in its application, fails to satisfy conditions development, Loan programs—housing section 313 of the Act. prerequisite to release of funds, or does and community development, Reporting (b) The zero interest loans and grants not spend funds on the rural economic and recordkeeping requirements, Rural are to be provided for the purpose of development Project in a reasonable areas. promoting rural economic development time period. Additionally, REA proposes and rural job creation Projects. to add § 1703.29(d) to cover situations For reasons set forth in the preamble, where there is a change in the purpose REA hereby proposes to amend 7 CFR § 1703.11 Policy. of a loan or grant rather than just a chapter XVII by revising part 1703, (a) It is REA’s policy to encourage change in the method of carrying out a subpart B, as set forth below: Borrowers to use the Rural Economic particular purpose. 1. The authority citation for 7 CFR Development Financing Program to REA proposes to revise § 1703.32(a) to part 1703 continues to read as follows: promote Projects that will result in a provide more details about records that Authority: 7 U.S.C. 901 et seq.\ Title I, sustainable increase in the productivity must be available to support the Subtitle D, Section 1403, Omnibus Budget of economic resources in rural areas and disbursement of REA funds. Since third Reconciliation Act of 1987, Pub. L. 100-203: thereby lead to a higher level of income parties are generally undertaking these Delegation of Authority by the Secretary of for rural citizens. rural development Projects, it becomes a Agriculture, 7 CFR 2.23; Delegation of Authority by the Under Secretary for Small (b) REA also encourages Borrowers to greater challenge to provide those Community and Rural Development, 7 CFR promote rural economic development reviewing the Project, such as the REA 2.72. and rural job creation Projects that: Held accountant, with the necessary (1) Are based on sound economic and supporting records. The proposed 2. Subpart B is revised to read as financial analyses; change will permit REA and others to follows: (2) Take a long-term perspective; and make necessary reviews of the use of Subpart B—Rural Economic Development (3) Will benefit Rural Areas as Federal funds yet at the same time take Financing Program into account the involvement of third defined in title I, section 13 of the Act. parties. Sec. (c) Borrowers are encouraged to make 1703.10 Purpose. deposits into cushion of credit accounts REA has proposed provisions under 1703.11 Policy. § 1703.32(b) that require an REA of the Rural Electrification and 1703.12 Definitions. Telephone Revolving Fund. Borrower to return any amounts used for 1703.13 Source of funds. unapproved purposes as a prepayment 1703.14 Eligibility. (d) REA will maintain liaisons with on the note. Finally, a new subsection, 1703.15 Disposition of funds in the officials of other Federal, State, regional 1703.32(d), is proposed that would subaccount. and local rural development agencies to require an REA Borrower to notify REA 1703.16 Purposes of zero interest loans and coordinate this program with other rural if the entity that received the proceeds grants. economic development programs. Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules 36019

§1703.12 Definitions. exclusively for educational purposes as Rural Economic Development A ct—the Rural Electrification Act of set forth in section 203 of the Act. As Account—a Federally insured account 1936, as amended (7 U.S.C. 901 et seq.). applied to telephone Borrowers it shall into which the Borrower deposits any Administrator—the Administrator of include CATV systems or facilities advances of zero interest loan funds the Rural Electrification Administration. intended exclusively for educational from REA until the Borrower disburses Approved Purpose—a purpose that purposes, as set forth in section 203 of the funds. REA has specifically approved in the the Act, that the Administrator or Significant Stockholder—an owner or Letter of Agreement covering the use of Governor of the RTB is authorized to holder of five percent or more of the the REA zero interest loan and/or grant finance under sections 201, 305 or 408 of common stock (or shares) or five percent funds provided to the Borrower. the Act and the regulations that or more of the preferred stock (or Borrower—an entity that has implement those sections. shares) of the REA Borrower. outstanding REA and/or Rural Job Creation—creation of jobs in rural Technical Assistance—Feasibility Telephone Bank loans or loan areas, or in close enough proximity to studies, market research, environmental guarantees under the provisions of the rural areas so that it is likely that the studies and similar activities that are Act. majority of the jobs created will be held generally characterized as studies, Business Incubator—a facility in by residents of rural areas. analyses or designs. which small businesses can share Letter o f Agreem ent—a legal premises, support staff, computers, document executed by REA and the § 1703.13 Source of funds. software or hardware, Borrower that contains certain terms, All funds for zero interest loans and telecommunications terminal equipment, conditions, requirements and grants provided under this program shall machinery, janitorial services, utilities, understandings applicable to the zero come from interest differential credits to or other overhead expenses, and where interest loan and/or grant as determined the Rural Economic Development such businesses can receive technical by the Administrator. It will include, Subaccount (Subaccount), other funds assistance, financial advice, business among other things, a Project made available to the Subaccount, and planning services or other support. The description, Approved Purposes for the from the repayment of zero interest business incubator program, however, zero interest loan and/or grant, the loans into the Subaccount. does not necessarily have to involve the maximum amount of zero interest loan sharing of premises. and/or grant, supplemental funds to be §1703.14 Eligibility. Demonstration Project—a Project for provided to the Project and certain Zeio interest loans and grants may be which the owner agrees in writing to agreements or committees the Borrower made to any Borrower that is not provide REA, if requested, with detailed proposed in its application. delinquent on any Federal debt or in information on the steps it takes in Pass-through-grant—a grant that the bankruptcy proceedings. However, a organizing and operating the Project, Borrower makes to another entity that zero interest loan or grant will not be will permit REA and REA’s guests to will own or undertake the Project using made to a Borrower dining any period in make reasonable visits to the Project, the proceeds of the REA grant. which the Administrator has determined and honor any other reasonable REA Pass-through-loan—a loan that the that no additional financial assistance request to disseminate information on Borrower makes to another entity that of any nature should be provided to the the Project. Examples of information will own or undertake the Project using Borrower pursuant to any provision of include a description of the process of the proceeds of the REA zero interest the Act. The determination to suspend incorporation, types of financing loan. eligibility for assistance under this obtained, permits required by Project—is an undertaking which develops the economy of a rural area or subpart will be based on one or more of governments, amount of time required the following factors: for various stages of Project, sources of results in Job Creation. As used in technical assistance from government subpart B, the term “Project” includes (a) The Borrower’s demonstrated programs, private foundations or trade both direct undertakings by Borrowers unwillingness to exercise diligence in organizations, any experiences or as well as those sponsored by other repaying REA loans or loan guarantees lessons that the owner wishes to share parties using the proceeds of Pass­ that results in the Administrator being with the public and other information through-loans or Pass-through-grants. unable to find that a loan, or loan which will assist REA in promoting REA—the Rural Electrification guaranteed by REA, would be repaid similar projects. It shall not require the Administration, an agency of the United within the time agreed; disclosure of trade secrets or proprietary States Department of Agriculture. (b) The Borrower’s demonstrated techniques. Reasonable Loan Servicing Charges— unwillingness to meet requirements in Electric or Telephone Purpose—a charges for expenses the Borrower REA’s legal documents or regulations; or purpose that: incurs to service a loan provided to (c) Other actions on the part of the (1) The Administrator or Governor of another entity unaffiliated with the Borrower that thwart the achievement of the Rural Telephone Bank (RTB) is Borrower using the proceeds of the REA the objectives of the REA program. authorized to finance under sections 2, zero interest loan. The charges over the 4, 5, 201, 305, and 408 of the Act; or life of the loan for routine loan service § 1703.15 Disposition of funds in (2) Is characterized as furnishing, expenses shall not exceed an amount S u b a c c o u n t generating or transmitting electric equal to the sum of one percent per year Zero interest loans and grants will be energy or other activities involved in of the outstanding principal on the first made during each fiscal year to the full providing electricity, or is characterized day of each year on the Borrower’s REA extent of the amounts held in the as providing telephone service. It shall zero interest loan. The charges for Subaccount subject only to limitations include electric and telephone facilities extraordinary expenses associated with imposed by law. For administrative and equipment used in connection with collection of delinquent payments or purposes, REA will make a providing such a purpose. As applied to other similar expenses must receive the determination of the fiscal year-end electric Borrowers, it shall not include prior approval of REA. amount held in the Subaccount as of a community antenna television (CATV) Rural Area—a rural area as defined in date prior to, but as near as practicable systems or facilities intended section 13 of the Act. ♦o. the end of fiscal year. 36020 Federal Register / Vol. 56, No. 146 / Tuesday, Joly 30, 1991 / Proposed Rales

§ 1703.16 Purposes of zero Interest loans other sources. The minimum amount of (C) Is equal to or less than 75 percent and grants. supplemental funds must be provided to of the State unemployment rate—1 (a) Zero interest loans and grants the Project after REA receives the point, the minimum number of points. shall be used exclusively to promote Borrower’s application. Prior to the Unemployment rates fading between rural economic development and/or Job advance of REA funds, REA must verify these levels will be assigned points Creation Projects, including, but not that any owner equity funds have been based on straight-line interpolation limited to. Project feasibility studies, provided to die Project and any funds calculated to the nearest whole point start-up costs, Business Incubator from other sources have been committed The result will be rounded based on the Projects, and other reasonable expenses to the Project. standard convention of a fraction of Vs for the purpose of fostering rural (c) The number of points assigned for or greater equals 1. If the Project will be economic development each selection factor shall be located in several counties, REA will (b) REA shall give preference to determined as follows: use a simple average (mean) of the applications for rural economic (1) The amount of supplemental funds counties for the comparison. REA will development and/or Job Creation provided or to be provided to the Project use the average of the most recent Projects that are not currently funded from the Project owner in the form of twelve months of unemployment rates it under other Federal rural development equity funds, private sources, State and has obtained from the Bureau of Labor programs authorizing Borrowers to local government sources, other Federal Statistics, U.S. Department of Labor or receive Financial assistance, including government sources, the Borrower or other government sources and processed other REA programs. REA shall give other sources of funds. The into a suitable format preference to providing funds under this supplemental funds used in this (3) A comparison of the per capita subpart for Projects other than Business calculation must be provided to the personal income in the county where the Incubator Projects to the extent funds Project during the period covering six Project will be located to State and are available to Borrowers for Business months prior to the receipt of the National per capita personal income Incubator Projects from a Rural Business application by REA and two years after levels. Incubator Fund administered by the the first advance of REA funds for the (i) If the per capita personal income Administrator. Project REA will determine what level in the county where the Project (c) Zero interest loans and grants shall constitutes expenditures on the Project will be located: not be used for any Electric or If supplemental funds as a percentage of Telephone Purpose, as determined by (A) Is less than or equal to 90 percent the REA zero interest loan and/or grant of the National per capita personal the Administrator. to be provided to the Project is: (d) Zero interest loans and grants income level—IQ points, the maximum (1) Equal to 20%—10 points, the number of points; shall not be used for proposed Projects minimum number of points; located in areas covered by the Coastal (B) Is equal to the National per capita Barrier Resources Act (16 U.S.C. 3501 e t (ii) Equal to 100%—20 points; personal income level—5 points; seq.) (iii) Equal to 500%—30 points, the (CJ Exceeds the National per capita maximum number of points. personal income level by 15 percent or § 1703.17 Documenting the evaluation of Ratios of supplemental funds to REA more—1 point, the minimum number of applications for zero Interest loans and funds falling between these levels will points. g ra n ts . be assigned points based on a straight- (h) If the per capita personal income (a) REA will select applications that line interpolation calculated to the level in the county where the Project receive the greatest number of total nearest whole point. The result will be will be located: points based on the factors in this rounded based on the standard (A) Is less than or equal to 90 percent section, subject to available funds and convention of a fraction of % or greater of the State per capita personal income the provisions of § § 1703.17(d), 1703.18, equals 1. level—8 points, the maximum number of and 1703.19. REA will make the (2) A comparison of the points; determination of all numbers, dollars, unemployment rate in the county where (B) Is equal to the State per capita levels and rates, as well as the nature, the Project will be located to the State personal income level—4 points; costs, location and other characteristics and National unemployment rates. (C) Exceeds the State per capita of the proposed Project, to determine the (i) If the unemployment rate in the personal income level by 15 percent or number of points assigned to an county where die Project will be more—1 point, the minimum number of application for each selection factor. Applications for zero interest loans and located: points. grants will be ranked separately. In (A) Exceeds the National Per capita personal income levels falling addition, applications requesting less unemployment rate by 30 percent or between these levels will be assigned than five percent of the total Project more—10 points, die maximum number points based on straight-line costs as provided in § 1703.18 will be of points; interpolation calculated to the nearest ranked separately. (B) Is equal to the National whole point The result will be rounded (b) REA will not select an application unemployment rate—5 points; based cm the standard convention of a unless the Project will receive (C) Is equal to or less than 75 percent fraction of y* or greater equals 1. If the supplemental funds in an amount at of the National unemployment rate—1 Project will be located in several least equal to 20% of the REA zero point, the minimum number of points. counties, REA will use a simple average interest loan or grant to be provided to (ii) If the unemployment rate in the (mean) of the counties for the the Project, as determined by the county where the Project will be comparison. REA will use the most Administrator. Supplemental funds as located: recent annual per capita personal used in this section may come from the (A) Exceeds the State unemployment income levels it has obtained from the Project owner in the form of equity rate by 30 percent or more—8 points, the Bureau of Economic Analysis, U.S. funds, private sources, State and local maximum number of points; Department of Commerce or other government sources, other Federal (B) Is equal to the State government sources and processed into government sources, the Borrower or unemployment rate—4 points; a suitable format. Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules 36021

(4) The number of long-term jobs that or will provide greater benefit to Rural based on the standard convention of a the Project will directly create in rural Areas than other areas. The points will fraction of Va or greater equals 1. areas: be based on the following: (13) The knowledge, experience, (i) For one or more direct, long-term (i) Projects that will be located in education and training of the proposed jobs per $10,000 of total Project costs— Rural Areas—20 points; owners and management of the 10 points, the maximum number of (ii) Projects that will provide greater Project—up to 10 points. points; benefit to Rural Areas than other areas, (14) The ultimate recipient’s busine«»« (ii) For one direct, long-term jobs per as determined by the Administrator—15 plan—up to 20 points. REA’s $20,000 of total Project costs—5 points; points. determination will be based on the (iii) For no direct, long-term jobs—0 (10) Projects organized on a not-for- quality of the business plan. The points. profit basis that: business plan should include the REA will consider a Project such as (i) Provide services to rural businessesfollowing: a description of the Project, construction of an industrial building or and/or areas, such as management what will be produced or accomplished, business incubator to be directly training and advice, education, training the area to be served, any market creating jobs once it is occupied. REA for community leaders and providing research, total Project costs, projected will also consider water and sewer assistance in market research; use of funds by purpose or category, a facilities that are necessary for a new (11) Expand the institutional base; and feasibility study with projected balance business to be directly creating jobs. (iii) Promote economic development in sheets, income statement and cash flow This factor will not count indirect job rural areas—5 points. statements, the source of supplemental creation that results from an overall (11) Projects that in REA’s best funds, the nature and strength of increase in the local economy once the judgment have the greatest probability commitments from other sources of Project is completed. If total Project of success as measured by long-term job financing, the equity contribution, the costs per job falls between these levels, creation or retention, and long-term proposed ownership and management of points will be assigned based on rural economic development.—up to 20 the Project and other relevant straight-line interpolation calculated to points. REA’s determination will be information. The plan should describe the nearest whole point. The result will based on the ultimate recipient’s any coordination with a local, regional be rounded based on the standard feasibility studies, income statements, or state development organization. REA convention of a fraction of xh or greater cash flow statements, existing and expects the ultimate recipient’s business equals 1. projected balance sheets, especially the plan to be comparable to a plan (5) Projects that have a written plan to equity (and grant) financing to debt normally submitted to a bank for long­ provide opportunities or incentives to financing ratio, market research, term financing. improve marketable skills for people in industry trends and current economic (15) Quality and completeness of rural areas through training and/or conditions given the nature of the Borrower’s application—up to 10 points. education, or Projects which consists of Project. Long-term job creation and rural REA’s determination will be based on providing this training and/or economic development as used for this the completeness and quality of the education.—10 points. factor shall mean jobs or development Borrower’s application as outlined in (6) Projects that lead directly to an that would generally be expected to last § 1703.28 of this subpart. increase in long-term productivity and at least five years. (16) Projects that in the judgement of per capita income in rural areas—up to (12) Applications submitted by REA will diversify the rural economic 20 points. REA’s determination will be Borrowers that have made cushion of base or indirectly create jobs—5 points. based on the extent to which the Project credit payments as set forth in Section (17) The extent to which the nature of will improve the productive potential of 313 of the Act based on the following: the Project will promote rural economic the labor force, industrial plant, (i) If the Borrower has $300,000 or development and/or job creation—up to infrastructure, natural resources and three percent of total assets, whichever 20 points. institutions by utilizing advanced is less, in Cushion of Credit payments on (i) REA will base its determination for technology, creating higher skilled the date REA receives the application— this factor on whether the Project: occupations, adding higher value to 15 points; (A) Is considered a start-up or natural resources, creating jobs with (ii) If the Borrower has $100,000 or one expansion of a business, a Business higher career potential or is considered percent of total assets, whichever is Incubator, an industrial building or park, part of a knowledge intensive industry. less, in Cushion of Credit payments; on or infrastructure necessary to connect In considering infrastructure, REA will the date REA receives the application— these projects to existing infrastructure; award points only for the facilities, such 10 points; (B) Will provide long-term as water and sewer facilities, that will (iii) If the Borrower has at least $5,000 employment for people in rural areas; or serve and are necessary for businesses, or 0.5 percent of total assets, whichever (C) Will train or educate people or industrial parks and similar commercial is less, in Cushion of Credit payments on provide rural economic development activities. the date REA receives the application— advice to businesses of people, including (7) Projects that will strengthen a 5 points. educational television to schools. weak or depressed economy in rural The calculation of a Borrower’s total (ii) Points will not be awarded for areas served by a Borrower, as assets will be based on REA’s most Projects that: determined by REA, taking into account recently published Statistical Report, (A) Are normally provided as Federal, the financial condition of the Borrower Rural Electric Borrowers (REA Bulletin State or local government services and the impact of the Project on the 1-1) or Statistical Report, Rural unless they will directly create long­ Borrower—up to 10 points. Telephone Borrowers (REA Bulletin 300- term jobs comparable to private (8) Commitment from the owner(s) of 4). If the amount of Cushion of Credits business jobs; the Project that the Project will be a payments falls between these levels, (B) Consist of land that will not be Demonstration Project—5 points. points will be based on a straight-line used as the site for a structure; or (9) Projects that will be located in interpolation calculated to the nearest (C) Will be used for residential Rural Areas (population of 1,500 or less) whole point. The result will be rounded purposes or that will be used for 36022 Federal Register / Vol 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rales entertainment purposes at the (10) Select an application receiving which REA has determined were residential level, such as residential fewer points than another application if necessary to initiate the Project or dwellings and land sites, entertainment there are insufficient funds during a (iii) For site development, the cable television, and a personal, non­ particular budget period to select the destruction or alteration of buildings, or business related vehicle. higher ranked application; other activities that would adversely (d) Regardless of the number of points (11) Select the highest ranking affect toe environment or limit the assigned to a Borrower’s application, application for funds to finance a project choice of reasonable alternatives prior REA may: that consists of preparing a feasibility to satisfying the requirements of (1) Limit the number of applications study. § 1703.26, Environmental requirements, selected in any one state during any (e) REA will only evaluate, and as determined by the Administrator; fiscal year to the ratio of REA or RTB consider for selection, applications that (3) By toe recipient of a Pass-through- Borrowers in that state to the total request funds for purposes set forth in loan or Pass-through-grant to purchase number of REA or Rural Telephone § 1703.16, as determined by the or lease any real property, materials, Bank Borrowers multiplied by three, or Administrator. REA will not evaluate equipment or services from the ten percent of the total number applications that do not conform with Borrower, or Significant Stockholders, selections that have been made during all of the provisions of this subpart, as officers, managers or directors of toe the current fiscal year, or ten, whichever determined by the Administrator. Borrower, or dose relatives thereof, in is greatest. The number of REA and § 1703.18 Significance of REA financing to excess of a level that would reasonably Rural Telephone Bank Borrowers shall the total project coats be considered the fair market value, as be determined as of the latest published Selection of applications shall be determined by the Administrator; REA Statistical Reports; based on a preference for applications (4) By toe Borrower to purchase or (2) Limit a Borrower to one selected requesting REA financing which will be lease any real property, materials, application during any selection period; at least equal to five percent of the total equipment or services that would create (3) Allocate available funds between Project costs, as determined by the a conflict of interest or the appearance applications from Electric and Administrator. Projects costs shall be of a conflict of interest as determined Telephone Borrowers; based on the amount that would be by the Administrator; (4) Decline to select an application spent over the first two years after the (5) For refinancing indebtedness that the Administrator has determined first advance of REA funds for toe incurred prior to receipt of toe would not accomplish the purpose of Project Borrower’s completed application by promoting economic development and REA; job creation in rural areas; § 1703.19 Preference for zero interest (6) For toe Borrower’s electric or (5) Decline to select an application loans over grants. telephone operations nor for any that would harm the reputation of this Selection of applications shall be operations affiliated with the Borrower program; based on a preference for providing unless toe Administrator has (6) Decline to select an application for Borrowers zero interest loans rather specifically informed the Borrower in funds that will transfer property or real than grants under this program. writing that the affiliated operations are part of the approved REA loan or grant estate between owners without making § 1703.20 Limitations on the use of zero any additions or improvements which interest loan and grant funds. purposes; or will promote economic development, as (7) For any purpose that toe (a) Zero interest loans and grants Administrator has not approved. determined by REA; shall not be used: (7) Decline to select an application (1) To fund or assist Projects of which (b) A Borrower may not charge based on the management and financial any director, officer, general manager or interest for toe use of toe proceeds of situation of the Borrower applying for Significant Stockholder of the Borrower, the zero interest loan provided under the zero interest loan or grant. In or close relative thereof, is an owner, or this program; however, it may charge determining the Borrower’s financial which would, in the judgment of REA, Reasonable Loan Servicing Charges and situation, REA will consider, among create a conflict of interest or toe the amount paid for an irrevocable other things, the Borrower’s existing and appearance of a conflict of interest. Letter of Credit made payable to REA projected cash flows, equity to asset However, REA shall not consider and issued on behalf of the Borrower ratios, times interest earned ratios, debt cooperative members to be owners of that guarantees repayment of an REA service coverage ratios, the level of its toe Borrower in making this zero interest loan, as determined by the investments, the level of its cash and determination. Without limiting toe Administrator. other liquid assets, its working capital generality of toe foregoing, ordinarily, a (c) A Borrower must calculate any and repayment of its debts; Borrower organized as a closely held, costs to charge in connection with toe (6) Decline to select an application for-profit corporation, its subsidiary or use of grant funds under this pregram based on a determination that an affiliate, would only be able to own for toe Project and shall temporarily limitations under State laws will lessen or manage a Project operated on a not- deposit the grant funds in accordance the likelihood of repayment of the REA for-profit basis; with 7 CFR part 3015, Uniform Federal zero interest loan in the event that the (2) For any costs incurred on toe Assistance Regulations, and 7 CFR part Borrower does not receive funds from Project 3016, Uniform Administrative the Project necessary to cover the REA (i) Prior to receipt of the Borrower’s Requirements for Grants and zero interest loan payments; completed application by REA during an Cooperative Agreements to State and (9) Decline to select an application application period unless REA has Local Governments, as appropriate. based on the unwillingness of the specifically approved such usage in (d) A Borrower may not make a profit Borrower applying for the zero interest writing; from any zero interest loan or grant loan or grant to exercise diligence in (ii) Prior to the selection of toe provided from toe Subaccount repaying REA loans or loan guarantees, application covering the Project by the (e) The Borrower shall temporarily and comply with REA's legal documents Administrator, except for such costs that deposit toe zero interest loan funds into and regulations; are included in the Approved Purposes, a separate Federally insured account Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules 36023 called the Rural Economic Development (c) Unless the Administrator has (c) The Borrower and the owner(s) of Account unless the funds will be specifically approved otherwise, the the Project, or those undertaking the disbursed within one month. However, Borrower shall be required to repay the Project, should make agreements and all interest earned on temporarily REA zero interest loan in full at such prepare documents in accordance with deposited funds in excess of $250 per time as a Pass-through-loan has been all applicable laws. year must be used for Approved fully repaid to the Borrower. If the (Approved by the Office of Management and Purposes or returned to the Rural Borrower uses the proceeds of the REA Budget under control number 0572-0086) Economic Development Subaccount. zero interest loan to provide Pass­ through-loans to more than one entity, § 1703.25 Transfer of employment or § 1703.21 Owner’s equity in the project. this requirement shall only apply to that The Administrator may require, as a portion of the zero interest loan business. condition to REA financing, that associated with the loan that has been The Project must not result primarily owner(s) of the Project invest equity fully repaid to the Borrower. in the transfer of any existing capital if determined to be financially (d) If the Administrator determines employment or business activity from necessary, based on an REA financial that, as a result of state law, court one area to another. analysis and sound lending practices. rulings or regulatory commission decisions, it is necessary to ensure that § 1703.26 Environmental requirements. § 1703.22 Maximum and minimum sizes of the Borrower will repay the REA zero a zero interest loan or grant (a) Prospective recipients of zero interest loan, the Borrower may be interest loans or grants must consider The maximum size of a zero interest required to provide an irrevocable letter the potential environmental impact of loan or grant shall be $10,000. The of credit, or another form of guarantee their proposed Projects at the earliest Administrator shall establish and may satisfactory to the Administrator. The planning stage and plan development in periodically increase or decrease the letter of credit or other guarantee is to a manner that reduces, to the extent maximum size of a zero interest loan or be made payable to REA and issued on practicable, the potential to affect the grant taking into account such factors as behalf of the Borrower. The letter of quality of the human environment the amount of funds to be made credit, or other guarantee, may not be adversely. available from the Subaccount and the secured by any assets under a REA Borrowers’ applications for zero interest and/or Rural Telephone Bank mortgage (b) Application fo r zero interest loans loans and grants. The Administrator and must be in form and substance or grants for Technical Assistance. The shall publish the maximum size of a zero satisfactory to the Administrator. REA application for a zero interest loan or interest loan or grant in the Federal must receive the letter of credit or other grant for Technical Assistance is Register. For an exceptionally beneficial guarantee prior to the advance of any generally covered by 7 CFR 1794.31(b) Project, the Administrator may waive zero interest loan funds. (13) and (14). Consequently, no the minimum size limitations in this Borrower’s Environmental Report or section. § 1703.24 Approval of agreements. other environmental documentation is REA must approve any agreements normally required to support such an § 17Q3.23 Terms of zero interest loan between the Borrower and the owner(s) application. repayment. of the Project, those undertaking the (a) REA shall determine the terms and Project, or any intermediary that will re­ (c) Application for zerò interest loans repayment schedule of the zero interest lend or transfer the proceeds of the REA or grants for a Project that is not loan to the Borrower based on the funds, that the Administrator deems considered Technical Assistance. REA nature of the Project and Approved necessary. will review support materials in the Purposes. Ordinarily, the total term of (a) Borrowers must obtain REA application and initiate an the zero interest loan, including any approval of any loan, grant or security environmental review process pursuant principal deferment period, shall not agreement, mortgage or note between to 7 CFR part 1794. This process will exceed 10 years. In general, the the Borrower and the owner(s) of the focus on any environmental concerns or repayment terms the Borrower sets on a Project, those undertaking the Project or problems that are associated with the Pass-through-loan must be at least as any intermediary that will re-lend or Project. The level and scope of the generous as the zero interest loan transfer the proceeds of the REA funds, environmental review will be provided to the Borrower but, with the prior to the advance of REA zero determined in accordance with the Administrator’s approval, may be more interest loan or grant funds to the National Environmental Policy Act of generous. Borrower. The Borrower must receive 1969 (NEPA), as amended (42 U.S.C. (b) REA has the discretion to defer the REA’s approval of the final draft version 4321 et seq.), the Council of repayment of principal up to two years, of the documents prior to their Environmental Policy for Implementing based on its analysis of die feasibility of execution. the Procedural Provisions of NEPA (40 the Project. Ordinarily, if REA considers (b) Borrowers must obtain REA’s CFR parts 1500-1508), REA’s the Project to be a business expansion written approval prior to revising or Environmental Policies and Procedures or going concern, the first repayment of amending any loan, grant or security (7 CFR part 1794) and other relevant principal will not begin until one year agreement, mortgage or note that has Federal environmental laws, regulations after the date of the REA note. This been reviewed and approved by REA and Executive Orders. Activity related should provide sufficient time for the pursuant to § 1703.24(a). Additionally, to the Project that will adversely affect Borrower to satisfy the prerequisites to the Borrower must obtain REA’s written the environment or limit the choice of the advance of loan funds. Ordinarily, if approval prior to executing, revising or reasonable alternatives shall not be REA considers the Project to be a start­ amending any other agreement, in undertaken prior to completion of REA’s up project, the first repayment of connection with the Project, between the environmental review process. principal will not begin until two years Borrower and the owner(s) of the after the date of the REA note. Loans Project, those undertaking the Project or § 1703.27 Other considerations. shall be repaid in equal monthly any intermediary that will re-lend or (a) Equal opportunity and payments of principal. transfer the proceeds of the REA funds. nondiscrimination requirements. All 36024 federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rales

zero interest loans and grants made Debarment and Suspension review a Borrower’s proposal before under this subpart are subject to the (Nonprocurement), regarding debarment REA gives final -approval to an nondiscrimination provisions of title VI and suspension are applicable to this application, except a proposal for of the Civil Rights Act of 1964, as program. Technical Assistance. amended (7 CFR part 15); section 504 of (g) Intergovernmental Review.of (b) An application shall consist of an the Rehabilitation Act of 1973, as Federal Programs. This program is original and fwo copies, of: amended (7 CFR part 15b); the Age subject to the requirements of Executive (1) A completed application form, Discrimination Act of 1975, as amended Order (EO) 12372, Intergovernmental "Application for Federal Assistance,” (45 CFR part 90); and Executive Order Review of Federal Programs and 7 CFR Standard Form 424; 11246, as amended by Executive Order Part 3015, Subpart V, Intergovernmental (2) A board resolution that: 11375. Review of Department of Agriculture (i) Requests azero interest loan and/ (b) Architectural Barriers. All Programs and Activities, which or grant, including the amount of the facilities financed with REA zero implements EO 12372. With the zero interest loan and/or the amount of interest loans or grants that are open to exception of zero interest loans and the grant rounded to the nearest one the public or in which physically grants for Technical Assistance, thousand dollars; handicapped persons may be employed proposed Projects are subject to the (ii) Includes the total term requested or reside must be designed, constructed, State and local government review for a zero interest loan; and/or altered to be readily accessible process set forth in 7 CFR part 3015. (iii) Specifies any commitment from to, and usable by handicapped persons. Under the review process, State and the Borrower to the owner of the Standards for these facilities must local governments have 60 day8 to proposed Project; comply with the Architectural Barriers comment on the proposed Project. REA (iv) States the proposed Project will Act of 1968, as amended, and with the will not give final approval to an not violate § 1793.20, "Limitations on the Uniform Federal Accessibility application until the requirements of 7 use of zero interest loan and grant Standards (UFAS) (Appendix A to 41 CFR part 3015, Subpart V, regarding funds”; CFR part 101-19, subpart 101-19.6). State and local government review have (v) Authorizes an official to (c) Flood hazard area precautions. In been satisfied. requisition zero interest loan or grant accordance with 7 CFR part 1788, if the (h) Restrictions on Lobbying. The funds under this program; and Project is m an area subject to flooding, restrictions and requirements imposed (vi) For an application for a grant flood insurance must be provided to the by U.S.C. title 31, section 1352, entitled only, authorizes the chief executive extent available and required under the "Limitation on Use of Appropriated officer of the Borrower to execute and National Flood Insurance Act of 1968, as Funds to Influence Certain Federal deliver on behalf of the Borrowerthe amended by the Flood Disaster Contracting and Financial Transactions” certification Form AD-1049 regarding a Protection Act of 1973 (42 U.S.C. 4001 and the implementing regulation, 7 CFR drug-free workplace program; through 4128). The insurance shall cover, part 3018, New Restrictions on (3) The following completed forms: in addition to the buildings, any Lobbying, are applicable to this (i) Form AD-1047, "Certification machinery, equipment, fixtures and program. The regulation that implements Regarding Debarment Suspension, and furnishings contained in the buildings. this statute requires applicants for a Other Responsibility Matters—Primary REA shall comply with Executive Order zero interest loan in excess of $150,000 Covered Transactions,”; 11988, Floodplain management, in and applicants for a grant in excess of (ii) Assurance statement or considering the application for the $100,000 to file a certification statement certification statement required under Project. regarding the use of Federal the Uniform Relocation Assistance and (d) Real property acquisition. Any appropriated funds to lobby the Real Property Acquisition Policies Act acquisition of real property in Executive and Legislative branches of of 1970, as amended. For Pass-through- connection with this program is subject the Federal Government and to file a loans and Pass-through-grants, the to 7 CFR Part 21, Uniform Relocation disclosure form if engaged in these ultimate recipient of the proceeds of the activities using unappropriated funds. In Assistance and Real Property REA zero interest loan or grant must Acquisition for Federal and Federally addition, persons that receive contracts sign the assurance statement that it will or subcontracts in excess of $150,000 Assisted Programs. Owners of real comply with the Uniform Relocation property acquired under Federal or under a zero interest loan and persons that receive subgrants, contracts or Assistance and Real Property federally-assisted programs, and Acquisition Policies Act of 1970, as persons displaced from their dwellings, subcontracts in excess of $100,000 under amended, (the “Uniform Act”) or sign a a grant are required to file certification businesses, orfarms as a result of such certification that the rural development an acquisition, must be provided fair, statements regarding lobbying the Executive and Legislative branches and, Project which will be partially financed consistent, and equitable treatment, as with the proceeds of REA funds will not defined by these regulations. if engaged in these activities, to file result in the acquisition of-real property (e) Drug-Free Workplace. Grants disclosure forms. made under this program are subject to or the displacement of any person, and the requirements set forth m 7 CFR Part § 1703.28 Applications. as a result, the provisions of the Uniform 3017, Subpart F, Drug-Free Workplace (a) Borrowers may file an application Act will not apply. If the Borrower will Requirements, which implements the on any official workday during the first not provide a Pass-through-loan or Pass- Drug-Free Workplace Act of 1988. A fourteen days of every month. A through-grant to another entity, the Borrower requesting a grant will be Borrower shall send a copy of the Borrower must submit a completed required to certify that it will establish application, except for an application assurance statement or certification and make a good faith effort to maintain that requests a .zero interest loan or regarding the Uniform Act, or have such a drug-free workplace program. grant for Technical Assistance, to the an assurance statement on file at REA; (f) Debarment and Suspension. The State government point of contact at the (4) If applicable for the Borrower or requirements of EO 12549, Debarment same time it submits the application to application: and Suspension, and 7 CFR part 3017, REA. As discussed in § 1793.27(g), State (i) For an application for a zero subparts A through E, Govemmentwide and local governments have 60 days to interest loan in excess of $150,000 or for Federal Register / Vol 56, No. 148 / Tuesday, July 30, 1991 / Proposed Rules 36025

an application for a grant in excess of technology, creating higher skilled statements and cash flow statements, $100,000, a certification statement, occupations, adding higher value to the source of supplemental funds, the “Certification Regarding Lobbying,” and, natural resources, creating jobs with nature and strength of commitments if the Borrower is engaged in lobbying higher career potential or is considered from other sources of financing, the activities described under § 1703.27(h), a part of a knowledge intensive industry; equity contribution, the proposed completed disclosure form, “Disclosure (vii) “Strengthening the Local Rural ownership and management of the of Lobbying Activities”; and Economy” (§ 1703.17(c)(7)) indicate the Project and other relevant information. (ii) For an application for a grant only, extent to which the Project will The plan should describe any a completed certification form, strengthen the economy in the rural coordination with a local, regional or "Certification Regarding Drug-Free areas served by the REA Borrower and state development organization; Workplace Requirements (Grants),” the impact of the Project on the REA (xv) “Diversifying the Rural Economic Form AD-1049; Borrower; Base and Indirect Job Creation” (5) A section entitled “Selection (viii) “Demonstration Project” (§ 1703.17(c)(16)) include any Factors” that discusses or provides (§ 1703.17(c)(8)) a discussion of any information the Borrower desires REA information on each selection factor commitments from the owner(s) of the to consider; described in § 1703.17. In discussing: Project to be a Demonstration Project (i) “Supplemental Funds” (6) A section entitled “Project and a copy of the written commitment; Description” that, in general, should be (§ 1703.17(c)(1)), include the name of (ix) " ‘Rural Area’ as Defined in the each source and the respective amount more detailed the larger the amount of RE Act” (§ 1703.17(c)(9)), indicate the zero interest loan and/or grant the of supplemental funds that was whether or not the Project will be provided to the Project within six Borrower is requesting. This section located in a town and, if so, the name of should consist of: months of submitting the application to the town. Discuss any benefits of the REA and the amount that will be Project to “Rural Areas” which is (i) A description of the proposed rural provided within two years of receiving defined in the RE Act as areas not economic development and Job Creation REA funds. Also indicate the nature and included within towns with populations Project including the nature of the strength of the commitments to make in excess of 1,500; Project, the location of the Project, these supplemental funds available, (x) “Providing Services to Rural organizations that will be involved in when these funds will be disbursed, any Businesses and Developing the the Project and the primary beneficiaries special terms and conditions associated Institutional Base” (§ 1703.17(c)(10)) of the Project. Also include in this with the commitments, copies of the discuss how the Project is organized on subsection a statement describing commitments, and, if established, the a not-for-profit basis to provide services whether the Borrower has or will have a interest rate, term and deferment period to rural businesses and rural areas. direct or indirect (through a subsidiary on any loan for the Project; Services discussed could be or affiliated organization) ownership or (ii) “Unemployment Rates” management training and advice, similar beneficial interest in the (§ 1703.17(c)(2)), it is not necessary to education, training for community facilities to be constructed or in the include the country, State or National leaders, assistance in providing market entity that will occupy or utilize these unemployment rates. REA obtains these research. Depending on the Project, facilities. In addition, explain whether it rates from other Federal agencies. List describe how it will contribute to seems likely that the proposed Project the county or counties in which the developing these forms of assistance will be undertaken or completed in the Project will be located; into an institutional structure which will absence of an REA zero interest loan or (iii) “Per Capita Personal Income” provide long-term benefits for rural grant; (§ 1703.17(c)(3)), as with areas; (ii) A separate paragraph entitled “Unemployment Rates,” it is not (xi) “Greatest Probability of Success” “Uses of REA Funds and Total Project necessary to include the county, State or (§ 1703.17(c)(ll)) discuss the ultimate Costs”, that includes a breakdown of the National per capita personal income recipient’s feasibility study, income specific uses of REA funds and a levels; statements, cash flow statements, breakdown of the specific uses of all (iv) “Long-term Jobs” (§ 1703.17(c)(4)), existing and projected balance sheets, funds necessary to ensure completion of include the number of long-term jobs especially the equity (and grant) the Project. Project costs should be that the Project will directly create in financing to debt financing ratio, market limited to the amount to be spent over rural areas and the total Project cost; research and industry trends; the two year period after receiving REA (v) “Plan for Improving the (xii) “Cushion of Credit Payments” funds; Marketable Skills of People in Rural (§ 1703.17(c)(12)), mention any cushion (iii) For a Project that involves the Areas” (§ 1703.17(c)(5)), include of credits payments in accounts at REA; establishment of a new venture such as information on any written plan for the (xiii) “Owners and Management of the a rural Business Incubator, or a similar Project to provide opportunities or Project” ( | l703.17(c)(13)), discuss how start-up venture, a discussion of how the incentives to improve the marketable the knowledge, experience, education costs of establishing, organizing and skills of people in rural areas through and training of the proposed owners and arranging financing for the venture will training an/or education. For Projects management of the Project increases the be paid, how start-up costs incurred that consist of providing training or likelihood of long-term success; after the venture has been established education, indicate how it will benefit (xiv) “Ultimate Recipient’s Business will be paid, the expected sources of people in rural areas; Plan” (§ 1703.17(c)(14)j include a copy of revenue necessary to sustain the Project (vi) “Increasing the Long-term the business plan. The plan should and revenue and expense projections for Productivity and Per Capita Income in include the following: A description of the first three years of the Project; Rural Areas” (§ 1703.17(c)(6)) address the Project, what will be produced or (iv) The total term requested for the the extent to which the Project will accomplished, the area to be served, any REA zero interest loan. If the Borrower improve the productive potential of the market research, total Project costs, will provide a Pass-through-loan to labor force, industrial plant, projected use of funds by purpose or another entity, outline the terms and infrastructure, natural resources and category, a feasibility study with conditions that the Borrower intends to institutions by employing advanced projected balance sheets, income place on the recipient of the loan funds 36026 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules including the security arrangements and maintenance agreement, or similar paragraphs (b)(7)(h) (A) and (B) of this section need only provide "die additional collateral; arrangement, between the Borrower and (v) For Pass-through-grants, the terms the recipient and the name, address and data on whether the Project site and conditions that the Borrower telephone number of the attorney for contains or is near a property listed or intends to place on the ultimate recipient; eligible for listing m the National recipient of the grant funds. Include a (7) For all applications for zero Register ofHistoric Places and the copy off any proposed grant agreement; interest loans and grants, a section information in paragraph (b)(7)(i)(H) of (vi) For Pass-through-loans and Pass- entitled “Environmental Impact of the this section: through-grants, a description of the Project.” This section must provide (A) Internal modifications or ultimate recipient, including the form oi information on whether or not the equipment additions (for example; organization and ownership (i.e., proposed Project will be located within relocating interior walls or adding corporation, nonprofit corporation, an area protected under the Coastal computer facilities) to buildings or other cooperative, partnership, sole Barrier Resources Act. No other structures. proprietor), the ownerfs) and the chief environmental information is normally (B) External changes or additions to officers; required for proposals that are existing buildings, structures or facilities (vii) If the Project involves considered Technical Assistance as requiring new fencing or physical construction, a brief description of the defined under § 1703.12. All other disturbance of less than 0.4 hectare (0.99 construction necessary to make the applications, except lor those described acre). A description of the changes shall Project operational and the organization in paragraph (b)(7)(iii) of this section, be provided to REA. involved with the Project that will be shall include the information specified (iv) Notwithstanding paragraphs (b)(7) responsible for building the Project in paragraphs (b)(7)(i) and (ii) of this (i) through (iii) of this section, REA may facilities or having them built; section: request additional environmental (viii) A discussion of the manner in (i) A subsection drat contains information in specific cases to satisfy which the Borrower intends to monitor information concerning potential REA’s Environmental Policies and the zero interest loan and/or grant adverse impact on the environment. Procedures, and Federal environmental proceeds to ensure that they are used This data shall include, but not laws, regulations and Executive Orders. only for Approved Purposes; necessarily be limited to: (8) Any other information that the (ix) If applicable, a discussion that (A) The size of the Project site; Borrower considers relevant. clarifies any aspect of the Project with (B) A map (preferably a U.S. (c) REA may request additional respect to the restriction that it must not Geological Survey map) of the Project information it considers relevant from area indicating the Project location; result primarily in the transfer of any the Borrower. existing employment or business (C) The presence of floodplains at the Project site; (d) During the application review activity from one area to another or process, the Borrower may change the clarifies any aspect of the Project with (D) The amount of property to be cleared, excavated, fenced or otherwise amount of the zero interest loan or grant respect to limitations in § 1703.20, funds requested or other portions of its “Limitations on the use of zero interest disturbed by the Project; (E) The use and zoning of the Project application, only if approved by the loan and grant funds”; Administrator. A Borrower that changes (x) If the total application request site; (F) Buildings or other major structures, its request from a grant to a zero interest exceeds $100,000 or the total amount of loan must submit information necessary zero interest loan and/or grant funds to including dimensions, to be constructed be provided for a Project under this or modified; for the Administrator to evaluate a loan program exceeds $100,000, then the (G) The presence of wetlands or proposal as set forth in paragraphs Borrower shall be expected to submit a existing agricultural operations at the (b)(6)(iv) and, if applicable, (b)(6)(x) of more comprehensive Project proposal. Project site; properties listed or eligible this section, and submit a new board This shall include the information in for listing in the National Register of resolution requesting the loan. paragraphs (b)(6)(x) (A), (B) and (C) of Historic Places on or near the Project (The information collection requirements this section: site; threatened or endangered species contained in paragraph (b) of this section (A) A more detailed business plan and or critical habitat on or near the Project were approved by the Office of Management feasibility study prepared for the Project site; and and Budget under control number 0572-0086) that includes an in-depth discussion of (H) The general nature of the use to § 1703.29 Review and selection process. the nature of the business or economic which the Project facilities will be put, development project, market research including any hazardous materials to be (a) Periodically, or at such times as pertaining to die business and projected used, created, or discharged, any the Administrator determines, all financial statements showing repayment substantial amount of air emissions, eligible applications, completed in of any zero interest loan; wastewater discharge, or solid waste accordance with § 1703.27, (B) For Pass-through-loans, a much that will be generated. “Applications” and other sections of this more detailed discussion of the terms (ii) A copy of any environmental subpart, as determined by the and conditions that the Borrower review, study, assessment, report or Administrator, that REA has fully intends to place on the recipient of the other document that has been prepared reviewed and analyzed, will be loan funds, especially the proposed inxonnection with obtaining permits, considered for selection as provided in security arrangements and collateral. approvals or other financing for the § 1703.17. Completed applications Include a copy of any proposed loan/ proposed Project from State, local or received at REA by the 14th day of the security agreements and loan notes; other Federal bodies. Such material, to month will be considered at the first (C) For Pass-through-loans and Pass­ the extent relevant, may be used to selection date which occurs at least 40 through-grants, include a copy of the fulfill the requirements of paragraph days after the application was received. recipient’s corporate charter, the (b)(7)(i) of this section. Completed applications received at REA recipient’s bylaws, the lease or deed (iii) Due to the nature and magnitude after the 14th day of a month will not be showing the recipient’s right to use the of likely environmental impacts, the considered for selection until a selection Project site, Any operation and categories of proposed Projects in date which occurs at least 70 days after Federal Register / Vol. 58, No. 146 / Tuesday, July 30, 1991 / Proposed Rules 36027

the application was received. The § 1703.30 Final application processing and shall inform REA if the Project is no review period of at least 40 days will legal documents. longer viable or the Borrower no longer allow sufficient time for State and local (a) After a Borrower has submitted all desires a zero interest loan or grant for governments to review the proposed information the Administrator the Project Upon a determination by Projects under the intergovernmental determines is necessary for the selected REA to that effect, the commitment will review process, as set forth in 7 CFR application, REA will send the be considered rescinded. part 3015, and to provide sufficient time necessary legal documents to the (d) If REA zero interest loan and/or for REA to fully review and analyze Borrower to execute and return to REA. grant funds advanced for Approved these applications. The legal documents will include a Purposes have not been used for those (b) REA will inform a Borrower Letter of Agreement and any legal purposes within one year of the date of whether the Administrator has selected documents the Administrator deems the advance of the funds, then the its application. REA’s selection of an appropriate, including any loan Borrower shall promptly return to REA application is not binding on the agreements, notes, security instruments, the funds advanced for those purposes, Administrator and creates no rights in certifications or legal opinions. The and any interest earned on the funds, the Borrower. A Borrower that Letter of Agreement, will among other unless REA has specifically authorized submitted an application which was not things, constitute REA’s approval of otherwise in the legal documents or selected will be asked to inform REA funds for the Project subject to certain provided the Borrower with a written whether it desires to be reconsidered at terms and conditions as determined by extension. Authorization of an extension a later date. The Borrower may modify the Administrator, and include a Project rests solely within the discretion of REA the application after its has been description, Approved Purposes of the for cause shown. zero interest loan and/or grant, the considered without resubmitting all the maximum amount of zero interest loan § 1703.32 Review and other requirements. required material in an application, and/or grant, supplemental funds to be except if it changes the request from a (a) REA will review Borrowers provided to the Project and certain receiving zero interest loans or grants, grant to a zero interest loan it must agreements or commitments the submit information necessary for the as necessary, to ensure that funds are Borrower proposed in its application. expended for Approved Purposes. Administrator to evaluate a loan (b) If the Borrower fails to submit proposal as set forth in Borrowers receiving zero interest loans within one year all of the information or grants shall monitor the Project to the 11703.28(bK6)(iv) and, if applicable, that the Administrator determines to be 1703.28(b)(6)(x), and submit a new board extent necessary to ensure that the necessary for REA to prepare legal Project is in compliance with all resolution requesting a loan. If the documents and satisfy other Borrower so desires, REA will consider applicable regulations, including requirements, REA may consider the ensuring that funds are expended for an application for up to one year after selection of the application cancelled. the date REA originally received the Approved Purposes. The Borrower is application. A Borrower may submit § 1703.31 Disbursement of zero interest responsible for ensuring that new applications as often as it desires. loan and grant funds. disbursements of funds are properly (c) During the period between the (a) REA shall disburse grant funds to supported with invoices, contracts, or other evidence and that such supporting selection of the application and the the Borrower and the Borrower shall disburse grant proceeds to the Project material is available, at the Borrower’s execution of REA’s legal documents, the premises, for review by the REA Field Borrower shall inform REA if the Project for Approved Purposes in accordance with the provisions of 7 CFR part 3015 Accountant, Borrower’s certified public is no longer viable or the Borrower no accountant, the Office of Inspector longer desires a zero interest loan or and 7 CFR part 3016, as appropriate, the legal documents executed by REA and General, the General Accounting Office grant for the Project Upon a and any other accountant conducting an determination by REA to that effect, the the Borrower, and applicable REA regulations. REA shall disburse zero audit of the Borrower’s financial selected application will be considered statements or this rural development cancelled. interest loan funds to the Borrower and the Borrower shall disburse zero interest program. Borrowers will be required to (d) Ordinarily, after the selection of an loan proceeds to the Project for permit REA to inspect and copy its application, if the Project is no longer Approved Purposes in accordance with records and documents that pertain to viable as originally proposed or if there the legal documents executed by REA the Project. is a change of purpose of the and the Borrower and applicable REA (b) The legal documents executed application, both as determined by REA, regulations. The Borrower shall make between the Borrower and REA in the Borrower must resubmit a new payments on a zero interest loan as set connection with a zero interest loan application to REA for consideration. At forth in the legal documents executed by shall contain provisions giving REA any time after the selection of an the Borrower and REA. discretionary rights and remedies in the application, REA may approve changes (b) If the Borrower fails to satisfy all event a Borrower fails to comply with in the method of carrying out the conditions, requirements and terms this subpart, other Federal regulations purposes of the Project, revise the prerequisite to the advance of zero and statutes, or the terms, conditions amount of the zero interest loan and/or interest loan and/or grant funds as set and requirements of the executed legal grant, revise the loan maturity date and forth in the Letter of Agreement or other documents. Regardless of any right or principal deferment period and make REA legal documents within one year remedy that REA chooses to assert, if other adjustments. after the date of the loan or grant the Borrower uses any zero interest loan (e) If State or local governments agreement, the zero interest loan and/or funds other than for Approved Purposes, raised objections to a proposed Project grant commitment will be considered the Borrower shall be required to return under the intergovernmental review rescinded, unless the commitment is to REA the amount used for unapproved process that are not resolved within specifically extended by REA. purposes and it shall be considered a three months of REA’s selection of the (c) During the period between the prepayment on the REA note. application, REA may consider the execution of REA’s legal documents and (c) Borrowers receiving zero interest selection of the application cancelled. the disbursement of funds, the Borrower loans shall have a financial report an 1 36028 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 J Proposed Rules general accounting or all zero interest Service, 4251 Street, NW., room 5304, Pursuant to the authority delegated to loan funds prepared in accordance with Washington, DC 20536. Please include the Associate Commissioner for the provisions of 7 CFR part 1773, REA INS number 1225-91 on the mailing Examination under title 8 CFR section Policy on Audits of Electric and envelope to ensure proper and timely 103.1(f), the Tule substitutes the Telephone Borrowers. handling. Associate Commissioner for (d) The Borrower shall promptly FOR FURTHER INFORMATION CONTACT: Examinations for the Deputy notify REA in writing if another entity is Diane Hinckley, Assistant Chief Commissioner as one of the Immigration in default on a Pass-through-loan Inspector, Inspections Division, and Naturalization Service officials who between the Borrower and the entity. Immigration and Naturalization can revoke a waiver previously (e) Grants provided under this Services, 4251 Street NW., room 7123, authorized under section 212(d)(4)(A) of program will be administered under and Washington, DC 20536, telephone (202) the Act are subject to 7 CFR part 3015 and 7 CFR 514-2725. In accordance with 5 U.S.C. 605(b), the part 3018, as appropriate. The Borrower SUPPLEMENTARY INFORMATION: The Commissioner of the Immigration and that receives a grant shall be subject to revision of this rule changes language Naturalization Service certifies that this requirements under these regulations that refers to the role of die Department rule will not have a significant economic which Gover, among other things, of State Visa Office in granting waivers impact on a substantial number of small financial reporting, accounting records, authorized under section 212(d)(4)(A) of entities. This rule is not a major rule budget controls, record retention and the Act. Currently, in order to grant a within the meaning of section 1(b) of audits. waiver of passport or visa, the district E .0.12291, nor does this rule have director having jurisdiction over the port Federalism implications warranting the Dated: July 12,1991. preparation of a Federalism Assessment Gary C. Byrne, of entry is required to obtain the concurrence of the Department of State in accordance with E .0.12612. Administrator,: Visa Office. Pursuant to the authority The information collection [FR Doc. 91-17714 Filed 7-29-91; 8:45 am] delegated to the Commissioner of the requirements contained in this rule have BILLING CODE 3410-15-M Immigration and Naturalization Service been cleared by the Office of by title 8 U.S.C. section 103 and to the Management and Budget under the Director of the Visa Office of the provisions of the Paperwork Reduction DEPARTMENT OF JUSTICE Department of State by title 8 U.S.C. Act. The OMB control numbers for these collections are contained in 8'CFR 299.5. Immigration and Naturalization section 104, the Commissioner and the Service Director of the Visa Office, acting List of Subjects in 8 CFR Part 212 jointly, have determined that the current Aliens, Documentation, 8 CFR Part 212 procedure is time consuming for the Visa Office, the ports of entry, and the Nonimmigrant, Passport and visas, [INS No. 1225-91] nonimmigrant alien seeking the waiver. Waivers. Further, since the applicants for the RIN 1115-AB40 Accordingly, part 212 of chapter I of waiver are already carefully screened at title 8 of the Code of Federal Regula tions Waiver of Certain Types of Visas the ports of entry before concurrence is amended as follows: from the Visa Office is sought, officers AGENCY: Immigration and Naturalization of the Department of State concur with PART 212—DOCUMENTARY Service, justice. the recommendations from the ports in REQUIREMENTS: NONIMMIGRANTS; a c t io n : Proposed rule with request for over 95% of the cases presented. The WAIVERS; ADMISSION OF CERTAIN comments. proposed simplification of die procedure INADMISSIBLE ALIENS; PAROLE will result in a savings of resources for SUMMARY: This rule will amend 8 CFR 1. The authority citation for part 212 is both agencies and quicker admission of revised to read as follows: 212.1(g) to permit district directors of the the nonimmigrant alien. If the district Immigration and Naturalization Service, director is satisfied that the alien should Authority: 8 U.S.C. 1103,1182,1184,1225, acting alone, to waive a nonimmigrant be granted the waiver, the procedure at 1226,1252; 8 CFR part 2. visa or passport under section the ports of entry will remain the same, 2. In S 212.1, the first two sentences in 212(d)(4)(A) of the Immigration and except for seeking the Department of paragraph (g) are revised into three Nationality Act in individual cases, if State's concurrence. The nonimmigrant sentences to read as follows: satisfied that a nonimmigrant alien was will be required to fill out the same unable to obtain these documents application that is now used, the § 212.1 Documentary requirements for because of an unforeseen emergency. information will be checked, and a fee nonimmigrants Currently, the district director must seek will be charged. Consequendy, the rule * * * * .* concurrence of the Department of State is amended to omit the step of obtaining (g) Unforseen emergency. A visa and Visa Office to grant a waiver of the the Department of State’s concurrence in a passport are not required of a nonimmigrant visa or passport under waivers of passports or visas when the nonimmigrant who, either prior to his or such circumstances. This amendment district director having jurisdiction over her embarkation at a foreign port or will result in savings of resources for the port of entry where the alien applies place or at the time of arrival at a port of both agencies and reduce the time it for admission is satisfied that the alien entry in the United States, satisfies the takes to admit certain nonimmigrant failed to obtain a visa or passport due to district director at the port of entry that, aliens. an unforeseen emergency. If the district because of an unforeseen emergency, he d a t e s : Written comments must be director is not satisfied that the alien is or she was unable to obtain the required submitted on or before August 29,1991. eligible for the waiver, he shall seek documents, in which case a waiver a d d r e s s e s : Please submit written concurrence of the Department of State application shall be made on Form T- comments, in triplicate, to the Director, Visa Office. The Department of State 193. If the district director iB not Policy Directives and Instructions has promulgated a similar regulation to satisfied that the nonimmigrant meets Branch. Immigration and Naturalization be published at 22 CFR 41.2. all requirements for the waiver, the Federal Register / Vol. 58, No. 146 / Tuesday, July 30, 1991 / Proposed Rules 36029

district director shall seek concurrence when seeking admission to the United agencies involved and expedite the for the waiver from the Department of States without the required documents. processing of certain aliens seeking State Visa Office. The district director OATES: Written comments, in duplicate, admission to the United States. or the Associate Commissioner for must be received on or before August 29, The proposed rule is not considered to Examinations may at any time revoke a 1991. be a major rule for purposes of E.O. waiver previously authorized pursuant ADDRESSES: Comments may be 12291 nor is it expected to have a to this paragraph and notify the submitted to the Chief of Legislation and significant impact on a substantial nonimmigrant in writing to that effect. * * * Regulations Division, Visa Office, room number of small entities under the * * * * * 1337, 2401E Street NW., Washington, criteria of the Regulatory Flexibility Act. DC 20522-0113. Dated: April 11,1991. FOR FURTHER INFORMATION CONTACT: List of Subjects in 22 CFR Part 41 Gene McNary, Stephen K. Fischel, Legislation and Aliens, Documentation, Commissioner, Immigration and Regulations Division, Visa Office, Nonimmigrant, Passport and visas, Naturalization Service. Washington, DC (202) 663-1204. Waivers. Concurrence: SUPPLEMENTARY INFORMATION: Under Dated: May 8,1991. present procedures, in cases where a Accordingly, 22 CFR part 41 would be amended as follows: Elizabeth M. Tamposi, nonimmigrant alien applies for admission to the United States without Assistant Secretary for Consular Affairs, PART 41—[AMENDED] Department of State. the required documentation, the Immigration and Naturalization [FR Doc. 91-17982 Filed 7-29-91; 8:45 am] 1. The authority citation for part 41 Service’s (INS) officer in charge at the BILLING CODE 4410-10-M port of entry must obtain the continues to read as follows: concurrence of a State Department Authority: Sec. 104, 66 Stat. 174, 8 U.S.C. official in order to waive the passport 1104; Sec. 109(b)(1), 91 Stat. 847. DEPARTMENT OF STATE and/or visa requirement. This procedure 2. In § 41.2 paragraph (j) is revised to must be followed in all such cases even Bureau of Consular Affairs though, for example, the INS officer has read as follows: readily available information as to the 22 CFR Part 41 § 41.2 Waiver by Secretary of State and circumstances relating to the alien’s Attorney General of passport and/or visa [Public Notice 1437] inability to present the required requirements for certain categories of documentation. In most cases in which nonimmigrants. Visas: Documentation of the officer in charge at the port of entry * * 4 it it determines that the alien qualifies for Nonimmigrants Under the Immigration (j) Individual cases of unforeseen and Nationality Act; Waiver by such section 212(d)(4)(A) waiver, he or she must inform the designated official emergencies. A visa and passport are Secretary of State and Attorney not required of an alien if, either prior to General of Passport and/or Visa in the Department of the circumstances regarding the absence of documentation the alien’s embarkation abroad or upon Requirements for Certain Categories arrival at a port of entry, the responsible of Nonimmigrants and recommend a waiver of the passport and/or visa requirement for the district director of the Immigration and AGENCY: Bureau of Consular Affairs, purpose of obtaining the concurrence of Naturalization Service in charge of the DOS. the Department’s official. Furthermore, port of entry concludes that the alien a c t io n : Notice of proposed rulemaking. this procedure is not only time was unable to obtain the required consuming, but it also requires from documents because of an unforeseen S u m m a r y : This proposed rule amends designated officers additional emergency. Any waiver of the visa or § 41.2(j) of title 22, Code of Federal administrative work concerning each passport requirement may be granted by Regulations which presently provides case. It is disruptive to the performance the INS district director pursuant to INA for the waiver of the visa and passport of the regularly assigned duties of 212(d)(4)(A) without reference to the requirements by the district director of designated Department employees and Department of State in each case in the Immigration and Naturalization requires the designation of duty officers which the district director concludes Service at the port of entry, with the for the purpose of providing around-the- that the alien’s claim of emergency concurrence of the Director of the Visa clock consultations between the two circumstances is legitimate and bona Office, Department of State, if such agencies. fide and that approval of the waiver officials are satisfied that the After consultations between the nonimmigrant alien was unable to would be appropriate under all of the Department and INS officials, it has attendant facts and circumstances. obtain the required documentation been determined that, in emergency it it h * ★ because of an unforeseen emergency. situations, authorizing the INS officer in This rule authorizes the INS District charge at the port of entry to perform the Dated: April 3,1991. Director to exercise the Department of functions of both agencies will ease the Elizabeth M. Tamposi, State’s function with respect to waiver administrative burden of the granting of Assistant Secretary for Consular Affairs. of the passport and/or visa requirement such waivers and will decrease delays under the provisions of section Concurred by: experienced by certain aliens seeking Dated: April 11,1991. 212(d)(4)(A). The amendment will admission to the United States without eliminate time consuming procedures for the requisite documentation as the Gene McNary, obtaining the concurrence of passport benefit from more expeditious Commissioner, Immigration and and/or visa waivers and will benefit processing. Naturalization Service Department of Justice. this category of nonimmigrant aliens The proposed rule is intended to [FR Doc. 91-17991 Filed 7-29-91; 8:45 am] who, because of certain unforeseen eliminate time consuming, marginally BILLING CODE 4710-06-M circumstances, are subjected to delays beneficial, procedures between the two 36030 Federa^ Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 ,/ Proposed Rules

DEPARTMENT OF HEALTH AND amounts and factors necessary to § 413.40 (Amended] HUMAN SERVICES determine prospective payment rates for 3. On page 25208, in the first column, Medicare inpatient hospital services. in § 413.40(g)(4)(ii), beginning on line Health Care Financing Administration These changes would be applicable to four, “is 8 percent higher than die Tate of discharges occurring on or after October increase in the national average hourly 42 CFR Parts 412 and 413 1,1991. This notice corrects errors made earnings for hospital workers" is (BPD-711-CN) in that document. amended to read "exceeds 108 percent FOR FURTHER INFORMATION CONTACT: of the increase in the national average RtN 093S-AE90 Barbara Wynn, (301) 966-4529. hourly earnings for hospital workers.” Medicare Program; Changes to the SUPPLEMENTARY INFORMATION: We are Addendum, Table 5 [Corrected] Inpatient Hospital Prospective making the following corrections to the Payment System and Fiscal Year 1992 June 3,1991 proposed rule (56 FR 25178): 4. Beginning on page 25246, an error Rates; Correction 1. On page 25185, in the second was made in the computation of the column, under section 8, Refinements of outlier thresholds listed in the last a g e n c y : Health Care Financing column of TABLE 5. We have revised Administration (HCFA), HHS. Complications and Comorbidities List, the diagnosis code for Organic Table 5 to reflect the FY1992 proposed ACTION: Proposed rule; correction. hallucinosis syndrome is changed from day outlier threshold of 32 days or 3 standard deviations rather than die SUMMARY: In the June 3,1991 issue of the 292.82 to 293.82. Federal Register (FR Doc. 81-13059), (56 2. On page 25187, in the first column, current day outlier threshold of^9 days FR 25178), we proposed to revise the in line one of the first partial paragraph, or 3 standard deviations. The correct Medicare inpatient hospital prospective “is similar to those procedures that” is TABLE 5 is shown below in its entirety. payment system and to revise the inserted after “procedure that”. BttliNG CODE 4120-01-M TABLE 5 PAGE 1 OF 15

LIST OF DIAGNOSIS RELATED GROUPS (DRGS), RELATIVE WEIGHTING FACTORS, GEOMETRIC MEAN LENGTH OF STAY. AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 1 01 SURG CRANIOTOMY AGE >17 EXCEPT FOR TRAUMA 3 .3 4 1 8 1 2 .2 44 2 01 SURG CRANIOTOMY FOR TRAUMA AGE >17 3 .3 2 2 0 1 1 .4 43 3 01 SURG « CRANIOTOMY AGE 0-17

2 .8 8 3 0 1 2 .7 42 Rules Proposed / 30,1991 July Tuesday, / 146 No. 56, Vol. / Register Federal 4 01 SURG SPINAL PROCEDURES 2 .4 2 3 2 9 .8 42 5 01 SURG EXTRACRANIAL VASCULAR PROCEDURES 1 .5 2 4 5 5 . 5 35 6 01 SURG CARPAL TUNNEL RELEASE .4 8 4 8 1 .9 17 7 01 SURG PERIPH & CRANIAL NERVE & OTHER NERV SYST PROC WITH CC 2 .6 5 8 1 1 1 .5 43 8 01 SURG PERIPH & CRANIAL NERVE & OTHER NERV SYST PROC W /0 CC .7 6 2 9 3 . 0 35 9 01 MED SPINAL DISORDERS & INJURIES 1 .2 8 0 7 7 .2 39 10 01 MED NERVOUS SYSTEM NEOPLASMS WITH CC 1 .2 8 1 1 7 .7 40 11 01 MED NERVOUS SYSTEM NEOPLASMS W /0 CC .7 6 0 3 4 . 5 38 12 01 MEO DEGENERATIVE NERVOUS SYSTEM DISORDERS .9 3 4 5 6 . 9 39 13 01 MED MULTIPLE SCLEROSIS & CEREBELLAR ATAXIA .8 5 7 2 6 . 7 39 14 01 MED S P E C IF IC CEREBROVASCULAR DISORDERS EXCEPT T IA 1 .2 1 9 8 7 .1 39 IS 01 MED TRANSIENT ISCHEMIC ATTACK & PRECEREBRAL OCCLUSIONS .6 5 4 1 4 .1 33 16 01 MED NONSPECIFIC CEREBROVASCULAR DISORDERS W CC 1 .0 8 3 0 6 . 6 39 17 01 MED NONSPECIFIC CEREBROVASCULAR DISORDERS W /0 CC .6 3 1 5 4 . 4 36 18 01 MEO CRANIAL & PERIPHERAL NERVE DISORDERS WITH CC .8 9 5 8 5 .9 38 19 01 MEO CRANIAL & PERIPHERAL NERVE DISORDERS W/0 CC .5 7 2 3 3 .9 36 20 01 MED NERVOUS SYSTEM INFECTIO N EXCEPT VIRAL M E N IN G IT IS 1 .9 2 7 2 8 . 5 4 0

21 01 MED VIRAL MENINGITIS 1 .4 6 5 7 7 . 5 39 22 01 MED HYPERTENSIVE ENCEPHALOPATHY .7 1 9 2 4 .3 34 23 01 MED NONTRAUMATIC STUPOR & COMA .8 7 6 6 4 .4 36 24 01 MED SEIZURE & HEADACHE AGE > 17 WITH CC .9 7 8 3 5 . 3 37 25 01 MED SEIZURE & HEADACHE AGE >17 W /0 CC .5 2 7 3 3 . 5 28

26 01 MED SEIZURE & HEADACHE AGE 0 -1 7 .8 4 1 1 3 . 4 31 27 01 MED TRAUMATIC STUPOR & COMA, COMA >1 HR 1 .3 4 5 0 4 . 3 36 28 MED 01 TRAUMATIC STUPOR & COMA, COMA <1 HR AGE > 1 7 WITH CC 1 .2 2 8 9 5 .9 38 29 01 MED TRAUMATIC STUPOR & COMA. COMA <1 HR AGE > 17 W /0 CC .5 5 1 1 3 .2 35 30 MED * 01 TRAUMATIC STUPOR & COMA, COMA <1 HR AGE 0 - 1 7 .3 4 9 6 2 . 0 17 31 01 MED CONCUSSION AGE >17 WITH CC .7 1 3 1 4 . 3 36 32 01 MED CONCUSSION AGE >17 W/0 CC .4 0 9 2 2 . 6 24 33 01 MED * CONCUSSION AGE 0-17 .2 4 2 7 1 .8 g 34 01 MED OTHER DISORDERS OF NERVOUS SYSTEM WITH CC 1 .1 5 0 9 5 .9 38 35 01 MED OTHER DISORDERS OF NERVOUS SYSTEM W /0 CC . 564 9 3 .7 36

• MEDICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOR LOW VOLUME DRGS. * * DRGS 4 6 9 AND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO VA LID DRGS. NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. 36031 TABLE 5 PAGE 2 OF 15 LIST OF DIAGNOSIS RELATED GROUPS (DRGS). RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY AND to LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 36 02 SURG RETINAL PROCEDURES .6402 2.1 12 ORBITAL PROCEDURES .7926 2.9 35 37 02 SURG Register Federal SURG PRIMARY IRIS PROCEDURES .3550 2.1 16 38 02 8 02 SURG LENS PROCEDURES WITH OR WITHOUT VITRECTOMY .4711 1.5 39 23 40 02 SURG EXTRAOCULAR PROCEDURES EXCEPT ORBIT AGE >17 .5110 2.0 7 41 02 SURG EXTRAOCULAR PROCEDURES EXCEPT ORBIT AGE 0-17 .3613 1.6 INTRAOCULAR PROCEDURES EXCEPT RETINA, IRIS & LENS .6134 2.1 15 42 02 SURG 24 43 HYPHEMA .3540 3.6 02 MED 36 44 02 MED ACUTE MAJOR EYE INFECTIONS .6114 5.5 .5955 3.5 30

45 02 MED NEUROLOGICAL EYE DISORDERS Vol. / 36 46 MED OTHER OISÔROERS OF THE EYE AGE >17 W CC .6715 4.2 02 31 47 02 MED OTHER DISORDERS OF THE EYE AGE >17 W/0 CC .3951 2.7 30 56, 48 02 MED OTHER DISORDERS OF THE EYE AGE 0-17 .3969 2.9 MAJOR HEAD & NECK PROCEDURES 2.2703 7.0 39

49 03 SURG No. .14 50 03 SURG SIALOADENECTOMY .6633 2.2

SALIVARY GLAND PROCEDURES EXCEPT SIALOADENECTOMY .5861 2.0 17 146 SI 03 SURG 23 52 03 SURG CLEFT LIP A PALATE REPAIR .7457 2.4

20 30.1991 July Tuesday, / S3 03 SURG SINUS & MASTOID PROCEDURES AGE >17 .6611 1.9 SURG SINUS A MASTOID PROCEDURES AGE 0-17 .6806 3.2 22 S4 03 14 55 03 SURG MISCELLANEOUS EAR. NOSE. MOUTH & THROAT PROCEDURES .5096 1.6 15 56 03 SURG RHINOPLASTY .5499 1.8 TAA PROC, EXCEPT TONSILLECTOMY A/OR AÛENOIDECTOMY ONLY. AGE >17 .8489 3.4 35 57 03 SURG 4 58 03 SURG TAA PROC. EXCEPT TONSILLECTOMY A/ÛR AÛENOIDECTOMY ONLY. AGE 0-17 .3060 1.5 TONSILLECTOMY A/OR AÛENOIDECTOMY ONLY, AGE >17 .4131 1.5 11 59 03 SURG 4 60 03 SURG TONSILLECTOMY A/OR ADENOIDECTOMY 01.LY . AGE 0-17 .2584 1.5 35 61 03 SURG MYRINGOTOMY W TUBE INSERTION AGE >17 .8180 2.5 SURG MYRINGOTOMY W TUBE INSERTION AGE 0-17 .3052 1.3 5 62 03 36 63 03 SURG OTHER EAR. NOSE. MOUTH A THROAT O.R. PROCEDURES 1.0616 3.8 37 Rules Proposed / 84 MED EAR, NOSE, MOUTH A THROAT MALIGNANCY 1.1170 5.2 03 23 65 03 MED DYS^QUILIBRIUM .4748 3.3 MED EPISTAXIS .4618 3.3 24 66 03 33 67 03 MED EPIGLOTTITIS .8787 4.2 03 MED OTITIS MEDIA A URI AGE >17 WITH CC .7294 5.0 33 68 23 69 03 MED OTITIS MEDIA A URI AGE >17 W/0 CC .5199 3.9 33 70 03 MED OTITIS MEDIA A URI AGE 0-17 .5369 3.2 t MEDICARE • s DRGS 469 NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. TABLE 5 PAGE 3 OF 15

LIST OF DIAGNOSIS RELATED GROUPS (ORGS), RELATIVE WEIGHTING FACTORS, GEOMETRIC MEAN LENGTH OF STAY, AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 71 03 MED LARY^GOTRACHEITIS . 8 298 4 . 8 37 72 0 3 MED NASAL TRAUMA & DEFORMITY .5 6 4 8 3 .4 35 73 0 3 MED OTHER EAR, NOSE, MOUTH & THROAT DIAGNOSES AGE >17 .7 5 3 3 36

4 . 1 Register Federal 74 0 3 MED * OTHER EAR, NOSE, MOUTH & THROAT DIAGNOSES AGE 0 > 1 7 . 3 3 8 6 2 .1 2 0 75 04 SURG MAJOR CHEST PROCEDURES 3 .0 0 0 0 1 1 .5 44

76 04 SURG OTHER RESP SYSTEM O .R . PROCEDURES W CC 2 .3 7 5 6 1 0 .6 43 77 04 SURG OTHER RESP SYSTEM O .R . PROCEDURES W /0 CC 1 .0 3 8 8 4 . 5 37 18 04 MED PULMONARY EMBOLISM 1 .4 3 3 9 8 . 7 41 79 04 MED RESPIRATORY INFECTIONS & INFLAMMATIONS AGE >17 WITH CC 1 .7 8 4 7 9 . 2 41 80 04 MED RESPIRATORY INFECTIONS & INFLAMMATIONS AGE >17 W/0 CC 1 .0 0 9 7 6 . 7 39 / Vol. 58, No. 146 / Tuesday, July 30,1991 / Proposed Rules Rules Proposed / 30,1991 July Tuesday, / 146 No. 58, Vol. / 81 04 MED * RESPIRATORY INFECTIONS & INFLAMMATIONS AGE 0-17 1 .0 8 9 9 6 .1 35 82 04 MED RESPIRATORY NEOPLASMS 1 .2 4 6 1 6 . 7 39 83 04 MED MAJOR CHEST TRAUMA WITH CC .9 5 4 4 6 . 2 38 84 04 MED MAJOR CHEST TRAUMA W /0 CC .4 8 5 4 3 .7 32 85 04 MED PLEURAL EFFUSION WITH CC 1 .1 6 6 3 6 . 8 39

86 0 4 MED PLEURAL EFFUSION W/0 CC .6 8 3 9 4 . 3 36 87 0 4 MED PULMONARY EOEMA & RESPIRATORY FAILURE 1 .3 9 1 9 6 . 0 38 88 0 4 MED CHRONIC OBSTRUCTIVE PULMONARY DISEASE .9 9 6 2 5 . 9 38 89 04 MED SIMPLE PNEUMONIA & PLEURISY AGE >17 WITH CC 1 .1 7 1 9 7 . 1 39 90 0 4 MED SIMPLE PNEUMONIA & PLEURISY AGE >17 W/0 CC .7 3 1 8 5 . 4 30

91 0 4 MED SIMPLE PNEUMONIA & PLEURISY AGE 0-17 .7 9 0 3 4 . 1 38 92 04 MED INTERSTITIAL LUNG DISEASE WITH CC 1 ,2 0 3 4 6 . 9 39 93 04 MED IN T E R S T IT IA L LUNG DISEASE W /0 CC .8 0 2 1 5 .2 37 94 04 MED PNEUMOTHORAX WITH CC 1 .2 4 9 4 7 .1 39 95 04 MED PNEUMOTHORAX W /0 CC .6 1 4 6 4 . 4 35

96 0 4 MED BRONCHITIS & ASTHMA AGE >17 WITH CC .9 5 0 5 5 .9 35 97 04 MED BRONCHITIS & ASTHMA AGE > 17 W /0 CC .6 4 6 6 4 . 6 26 98 04 MED BRONCHITIS & ASTHMA AGE 0 -1 7 .7 4 8 4 5 . 2 37 99 0 4 MED RESPIRATORY SIGNS & SYMPTOMS WITH CC .7 9 8 0 4 .1 36 100 0 4 MED RESPIRATORY SIGNS & SYMPTOMS W /0 CC .4 9 9 1 2 . 6 17

101 0 4 MED OTHER RESPIRATORY SYSTEM DIAGNOSES WITH CC .9 2 5 2 5 .1 37 102 0 4 MED OTHER RESPIRATORY SYSTEM DIAGNOSES W/0 CC .5 3 0 0 3 .3 30 103 0 5 SURG HEART TRANSPLANT 1 2 .2 1 8 3 2 3 .8 56 104 0 5 SURG CARDIAC VALVE PROCEDURES W CARDIAC CATH 8 .2 0 7 1 1 8 .1 5 0 105 0 5 SURG CARDIAC VALVE PROCEDURES W /0 CARDIAC CATH 6 .1 3 1 2 1 2 .7 45

* MEDICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOR LOW VOLUME DRGS. * • DRGS 4 6 9 AND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO VA LID DRGS. NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. 36033 36034 36034 TABLE 5 PAGE 4 OF 15

LIST OF DIAGNOSIS RELATED GROUPS ( DRGS). RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY, AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 106 05 SURG CORONARY BYPASS w CARDIAC c a t h 5 .4 3 6 8 1 3 .6 46 107 0 5 SURG CORONARY BYPASS W /0 CARDIAC CATH 4 .9 3 2 5 1 1 .3 43 103 0 5 SURG OTHER CARDIOTHORACIC PROCEDURES 5 .9 2 7 8 1 2 .7 45 Register Federal 109 NO LONGER VALID .0 0 0 0 .0 0 110 05 SURG MAJOR CARDIOVASCULAR PROCEDURES WITH CC 4 .2 5 6 3 1 0 .3 42

111 05 SURG MAJOR CARDIOVASCULAR PROCEDURES W /0 CC 2 .4 0 0 9 7 . 5 40 112 0 5 SURG PERCUTANEOUS CARDIOVASCULAR PROCEDURES 2 .0 1 2 9 4 .8 37 113 0 5 SURG AMPUTATION FOR CIRC SYSTEM DISORDERS EXCEPT UPPER LIMB & TOE 2 .6 8 1 6 1 4 .2 46 114 0 5 SURG UPPER LIMB & TOE AMPUTATION FOR CIRC SYSTEM DISORDERS 1 .5 5 7 1 9 . 0 41 115 05 SURG PERM CARDIAC PACEMAKER IMPLANT W AMI, HEART FAILURE OR SHOCK 3 .6 8 9 7 1 1 .9 44 / VoL /

116 05 SURG PERM CARDIAC PACEMAKER IMPLANT W/0 AMI. HEART FAILURE OR SHOCK 2 .5 0 2 9 5 .7 38 117 05 SURG CARDIAC PACEMAKER R EVISIO N EXCEPT DEVICE REPLACEMENT 1 .2 7 1 4 3 .7 36

118 05 SURG CARDIAC PACEMAKER DEVICE REPLACEMENT 1 .6 9 7 7 2 .8 35 56, 119 05 SURG VEIN LIGATION & STRIPPING .9 4 1 1 3 .5 36 120 05 SURG OTHER CIRCULATORY SYSTEM O .R . PROCEDURES 2 .0 6 8 3 7 .4 39 Rules Proposed / 30,1991 Jply Tuesday. / 146 No.

121 05 MED CIRCULATORY DISORDERS W AMI & C.V. COMP DISCH ALIVE 1 .6 2 6 8 8 .2 40 122 05 MED CIRCULATORY DISORDERS W AMI W/0 C.V. COMP DISCH ALIVE 1 .1 7 1 4 6 . 0 38 123 0 5 MED CIRCULATORY DISORDERS W AMI, EXPIRED 1 .3 9 5 7 3 . 0 35 124 05 MED CIRCULATORY DISORDERS EXCEPT A M I. W CARD CATH & COMPLEX DIAG 1 .1 9 7 9 4 .2 38 125 0 5 MED CIRCULATORY DISORDERS EXCEPT AMI, W CARD CATH W/0 COMPLEX DIAG .7 3 8 9 2 .2 22

126 OS MED ACUTE & SUBACUTE ENDOCARDITIS 2 .8 8 0 9 1 6 .3 48 127 0 5 MED HEART FAILURE & SHOCK 1 .0 0 9 5 8 . 0 38 128 0 5 MED DEEP V E IN THROMBOPHLEBITIS .7 9 4 1 7 .4 33 129 0 5 MED CARDIAC ARREST. UNEXPLAINED 1 .2 8 0 0 2 .4 34 130 0 5 MED PERIPHERAL VASCULAR DISORDERS WITH CC .9 1 5 6 6 . 1 38

131 0 5 MED PERIPHERAL VASCULAR DISORDERS W /0 CC .5 9 1 7 4 .6 37 132 0 5 MED ATHEROSCLEROSIS WITH CC .7 2 8 2 4 . 0 36 133 OS MED ATHEROSCLEROSIS W/0 CC .5 3 3 4 3 .0 26 134 0 5 MED HYPERTENSION .5 6 7 4 3 .9 30 135 0 5 MED CARDIAC CONGENITAL & VALVULAR DISORDERS AGE > 17 WITH CC .8 7 7 0 4 .9 37

136 OS MED CARDIAC CONGENITAL & VALVULAR DISORDERS AGE > 17 W/0 CC .5 4 7 2 3 .2 28 137 0 5 MED * CARDIAC CONGENITAL & VALVULAR DISORDERS AGE 0-17 .6 2 3 9 3 .3 32 138 0 5 MED CARDIAC ARRHYTHMIA & CONDUCTION DISORDERS WITH CC .8 2 3 2 4 .5 36 139 0 5 MED CARDIAC ARRHYTHMIA & CONDUCTION DISORDERS W/0 CC .5 1 5 3 3 .1 23 140 0 5 MED ANGINA PECTORIS .6 2 5 8 3 .7 25

* MEDICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOR LOW VOLUME DRGS. • * DRGS 4 6 9 AND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO V A LID DRGS. NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. TABLE 5 PAGE 5 OF 15

LIST OF DIAGNOSIS RELATED GROUPS (DRGS), RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY. AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 141 05 MED SYNCOPE & COLLAPSE WITH CC .6 9 5 9 4 . 3 35 142 0 5 MED SYNCOPE & COLLAPSE W /0 CC .5 0 1 8 3 . 1 22

143 05 MED CHEST PA IN .5 1 3 8 2 .8 18 Rules Proposed / 30,1991 July Tuesday. / 146 56,No. Vol. / Register Federal 144 05 MED OTHER CIRCULATORY SYSTEM DIAGNOSES W CC 1 .0 8 9 7 5 . 2 37 145 05 MED OTHER CIRCULATORY SYSTEM DIAGNOSES W /0 CC .6 4 7 0 3 . 4 34

146 0 6 SURG RECTAL RESECTION WITH CC 2 .5 7 4 2 1 2 .4 44 147 06 SURG RECTAL RESECTION W/0 CC 1 .6 3 5 4 9 . 0 35 148 0 6 SURG MAJOR SMALL & LARGE BOWEL PROCEDURES WITH CC 3 .1 7 4 9 1 3 .5 45 149 0 6 SURG MAJOR SMALL & LARGE BOWEL PROCEDURES W /0 CC 1 .5 4 6 2 8 .9 29 150 0 6 SURG PERITONEAL ADHESIOLYSIS WITH CC 2 .5 1 0 8 1 1 .4 43

151 0 6 SURG PERITONEAL ADHESIOLYSIS W/0 CC 1 .2 0 2 4 6 . 7 39 152 0 6 SURG MINOR SMALL & LARGE BOWEL PROCEDURES WITH CC 1 .7 2 9 2 8 .7 41 153 06 SURG MINOR SMALL & LARGE BOWEL PROCEDURES W /0 CC 1 .0 5 5 7 6 . 7 28 154 0 6 SURG STOMACH. ESOPHAGEAL & DUODENAL PROCEDURES AGE > 17 WITH CC 4 . 1565 1 4 .3 46 155 06 SURG STOMACH, ESOPHAGEAL & DUODENAL PROCEDURES AGE > 17 W /0 CC 1 .5 4 6 8 7 . 7 4 0 \ .■ ; 156 0 6 SURG * STOMACH, ESOPHAGEAL & DUODENAL PROCEDURES AGE 0 -1 7 .8 2 8 1 6 . 0 35 157 06 SURG ANAL & STOMAL PROCEDURES WITH CC .9 4 2 5 4 . 6 37 158 0 6 SURG ANAL & STOMAL PROCEDURES W /0 CC .4 9 2 4 2 . 5 18 159 0 6 SURG HERNIA PROCEDURES EXCEPT INGUINAL & FEMORAL AGE > 17 WITH CC 1 .0 7 4 0 4 .9 37 160 0 6 SURG HERNIA PROCEDURES EXCEPT INGUINAL & FEMORAL AGE > 17 W /0 CC .8 1 6 7 2 .9 20

161 0 6 SURG INGUINAL & FEMORAL HERNIA PROCEDURES AGE > 17 WITH CC .7 3 9 2 3 .2 34 162 0 6 SURG INGUINAL & FEMORAL HERNIA PROCEDURES AGE > 17 W /0 CC .4 4 9 0 1 .8 11 163 06 SURG HERNIA PROCEDURES AGE 0 -1 7 .6 7 5 1 4 . 0 35 164 0 6 SURG APPENDECTOMY W COMPLICATED PRINC IPAL DIAG WITH CC 2 .1 7 3 3 9 .8 42 165 06 SURG APPENDECTOMY W COMPLICATED PR IN C IP A L DIAG W /0 CC 1 .2 5 9 5 6 . 9 25

166 0 6 SURG APPENDECTOMY W /0 COMPLICATED PR IN C IP A L DIAG WITH CC 1 .2 9 8 0 6 . 1 35 167 0 6 SURG APPENDECTOMY W /0 COMPLICATED PR IN C IP A L DIAG W /0 CC .7 6 2 1 4 . 0 15 168 0 3 SURG MOUTH PROCEDURES WITH CC 1 .0 6 0 4 3 .8 36 169 0 3 SURG MOUTH PROCEDURES W /0 CC .5 4 3 9 2 . 0 17 170 0 6 SURG OTHEp D IG ES TIVE SYSTEM O .R . PROCEDURES WITH CC 2 .7 4 8 6 1 1 .1 43

171 0 6 SURG OTHER D IG ES TIVE SYSTEM O .R . PROCEDURES W /0 CC 1 .1 4 3 1 5 . 3 37 172 0 6 MED DIGESTIVE MALIGNANCY WITH CC 1 .2 5 3 5 7 . 0 39 173 0 6 MED DIGESTIVE MALIGNANCY W/0 CC .6 2 1 9 3 . 6 36 174 0 6 MED G . I . HEMORRHAGE WITH CC .9 7 3 8 5 . 4 37 175 0 6 MED G . I . HEMORRHAGE W /0 CC .5 7 0 4 3 .8 23

* MEOICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOK LOW VOLUME DRGS. • * DRGS 4 6 9 AND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO V A LID DRGS. *. NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. 36035 36036 36036 TABLE 5 PAGE 8 OF IS LIST OF DIAGNOSIS RELATED GROUPS (DRGS). RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY, AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 38 17* COMPLICATED PEPTIC ULCER 1.0226 5.9 06 MED 32 177 06 MED UNCOMPLICATED PEPTIC ULCER WITH CC .7823 5. 1 22 / 146 No. 56,VoL / Register Federal 178 06 MED UNCOMPLICATED PEPTIC ULCER W/0 CC .5853 3.8 1.1157 7.1 39 179 06 MED INFLAMMATORY BOWEL DISEASE 38 180 06 MED G .I. OBSTRUCTION WITH CC .9222 5.8 25 181 06 MED 6.1-, OBSTRUCTION W/O CC .4990 3.8 ESOPHAGITIS, GASTROENT & MISC DIGEST DISORDERS AGE >17 WITH CC i 7619 4.9 37 182 06 MED 25 06 MED ESOPHAGITIS. GASTROENT & MISC DIGEST DISORDERS AGE >17 W/O CC .5207 3.5 183 2.7 18 184 06 MED ESOPHAGITIS, GASTROENT * MISC DIGEST DISORDERS AGE 0-17 .5128 4.4 36 185 03 MED DENTAL & ORAL DIS EXCEPT EXTRACTIONS & RESTORATIONS, AGE >17 .7857 2.9 23 MED DENTAL A ORAL 01S EXCEPT EXTRACTIONS A RESTORATIONS, AGE 0-17 .4062 186 03 2.3 26 187 03 MED DENTAL EXTRACTIONS A RESTORATIONS .5159 5.2 37 188 06 MED OTHER DIGESTIVE SYSTEM DIAGNOSES AGE >17 WITH CC .9840 OTHER DIGESTIVE SYSTEM DIAGNOSES AGE >17 W/O CC .4681 2.8 30 189 06 MED 4.2 36 190 06 MED OTHER DIGESTIVE SYSTEM DIAGNOSES AGE 0-17 .7522 15.4 47 191 07 SURG PANCREAS, LIVER A SHUNT PROCEDURES WITH CC. 4.3970 PANCREAS. LIVER A SHUNT PROCEDURES W/O CC 1.7299 8.5 40 192 07 SURG 13.9 46 193 07 SURG BILIARY TRACT PROC W CC EXCEPT ONLY CHOLECYST W OR W/O CDE .D.E 3.0112

8.7 41 0, 3 July Tuesday, 07 SURG BILIARY TRACT PROC W/O CC EXCEPT ONLY CHOLECYST W OR W/O C.D.E 1.6109 194 2.2105 10.6 43 19S 07 SURG CHOLECYSTECTOMY W C.D.E. WITH CC 7.8 28 196 07 SURG CHOLECYSTECTOMY W C.D.E. W/O CC 1.3578 CHOLECYSTECTOMY W/O C.D.E. WITH CC 1.6863 7.8 40 197 07 SURG 25 CHOLECYSTECTOMY W/O C.D.E. W/O CC . 9084 4.5 198 07 SURG 11.8 44 07 SURG HEPATOBILIARY DIAGNOSTIC PROCEDURE FOR MALIGNANCY 2.3695 199 2.7731 9.4 41 200 07 SURG HEPATOBILIARY DIAGNOSTIC PROCEDURE FOR NON-MALIGNANCY 2.2911 8.8 41 OTHER HEPATOBILIARY OR PANCREAS O.R. PROCEDURES Proposedjlulfcs^ / 1991 201 07 SURG 39 CIRRHOSIS A ALCOHOLIC HEPATITIS 1.2263 7.2 202 07 MED 6.8 39 07 MED MALIGNANCY OF HEPATOBILIARY SYSTEM OR PANCREAS 1.1803 203 1.0897 6.1 38 204 07 MED DISORDERS OF PANCREAS EXCEPT MALIGNANCY DISORDERS OF LIVER EXCEPT MALIG.CIRR,ALC HEPA WITH CC 1.2355 8.7 39 205 07 MED i 3.7 36 07 MED DISORDERS OF LIVER EXCEPT MALIG.CIRR.ALC HEPA W/O CC .8003 206 .9754 5.5 37 207 07 MED DISORDERS OF THE BILIARY TRACT WITH CC DISORDERS OF THE BILIARY TRACT W/O CC .5526 3.3 26 208 07 MED 36 SURG MAJOR JOINT A LIMB REATTACHMENT PROCEDURES - LOWER EXTREMITY 2.3884 10.1 209 08 1.8494 11.4 43 210 08 SURG HIP A FEMUR PROCEDURES EXCEPT MAJOR JOINT AGE >17 WITH CC

è MEOICARE 1 • * DRGS 469 NOTE GEOMET No t e * RELATI TABLE S PAGE 7 OF 15

LIST OF DIAGNOSIS RELATED GROUPS (DRGS), RELATIVE WEIGHTING FACTORS, GEOMETRIC MEAN LENGTH OF STAY, AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 211 08 SURG H IP & FEMUR PROCEDURES EXCEPT MAJOR JO IN T AGE >17 W /0 CC 1 .3 8 5 1 9 . 0 36 212 08 SURG H IP & FEMUR PROCEDURES EXCEPT MAJOR JO INT AGE 0 -1 7 .9 6 0 3 4 . 5 37

213 08 SURG AMPUTATION FOR MUSCULOSKELETAL SYSTEM & CONN TISSUE DISORDERS 1 .7 4 6 3 9 . 4 41 Register Federal 214 08 SURG BACK & NECK PROCEDURES WITH CC 1 .8 6 2 1 8 .9 41 215 08 SURG BACK & NECK PROCEDURES W /0 CC 1 .1 1 4 5 5 .8 32

216 08 SURG BIOPSIES OF MUSCULOSKELETAL SYSTEM & CONNECTIVE TISSUE 1 .9 2 4 4 9 . 3 41 217 08 SURG WND DEBRID & SKN GRFT EXCEPT HAND,FOR MUSCSKELET ft CONN T IS S D IS 3 .1 2 5 6 1 4 .0 46 218 08 SURG LOWER EXTREM ft HUMER PROC EXCEPT HIP,FOOT,FEMUR AGE >17 WITH CC 1 .4 1 3 7 7 .2 39 219 08 SURG LOWER EXTREM ft HUMER PROC EXCEPT H IP , FOOT, FEMUR AGE > 17 W /0 CC .9 0 5 4 4 . 6 29 220 08 SURG * LOWER EXTREM ft HUMER PROC EXCEPT HIP,FOOT,FEM UR AGE 0 -1 7 9 1 3 0 5 . 3 34 / Vol. 56, No. 146 / Tuesday, July 30,1991 / Proposed Rules Rules Proposed / 30,1991 July Tuesday, / 146 No. 56, Vol. / 221 08 SURG KNEE PROCEDURES WITH CC 1 .8 4 8 3 7 . 6 40 222 08 SURG KNEE PROCEDURES W /0 CC .S L .Í8 3 .8 36 223 08 SURG MAJOR SHOULDER/ELBOW PROC, OR OTHER UPPER EXTREMITY PROC W CC .8 0 5 4 3 .3 25 224 08 SURG SHOULDER, ELBOW OR FOREARM PROC.EXC MAJOR JO IN T PROC, W /0 CC .6 3 2 2 2 . 5 15 225 08 SURG FOOT PROCEDURES .7 8 8 2 3 . 3 35

226 0 8 SURG SOFT TISSUE PROCEDURES WITH CC 1 .3 6 0 4 6 . 0 38 227 08 SURG SOFT TISSUE PROCEDURES W /0 CC .6 8 0 7 2 .9 25 228 08 SURG MAJOR THUMB OR JO INT PROC.OR OTH HAND OR WRIST PROC W CC .8 0 2 4 2 .6 28 229 08 SURG HAND OR WRIST PROC. EXCEPT MAJOR JO IN T PROC, W /0 CC .5 4 0 2 1 .9 16 230 08 SURG LOCAL EXC ISIO N ft REMOVAL OF IN T F IX DEVICES OF H IP ft FEMUR .9 3 4 6 4 .1 36

231 08 SURG LOCAL EXC ISIO N ft REMOVAL OF IN T F IX DEVICES EXCEPT H IP ft FEMUR 1 .0 8 0 0 4 . 0 36 232 08 SURG ARTHROSCOPY 1 .2 4 8 0 4 . 0 36 233 08 SURG OTHER MUSCULOSKELET SYS ft CONN T IS S O R . PROC WITH CC 1 .9 7 5 4 9 . 0 41 234 08 SURG OTHER MUSCULOSKELET SYS ft CONN T IS S O .R . PROC W /0 CC 1 .0 3 4 1 4 . 6 37 2 3 5 08 MED FRACTURES OF FEMUR 1 .0 9 6 2 7 . 4 39

236 08 MED FRACTURES OF H IP ft PELVIS .8 4 2 0 6 . 6 39 237 0 8 MED SPRAINS. STRAINS, ft DISLOCATIONS OF HIP, PELVIS ft THIGH .5 6 0 3 4 .4 36 238 0 8 MED OSTEOMYELITIS 1 .5 8 0 8 1 0 .8 43 239 08 MED PATHOLOGICAL FRACTURES ft MUSCULOSKELETAL ft CONN T IS S MALIGNANCY 1 .0 2 7 1 7 . 5 40 240 08 MED CONNECTIVE TISSUE DISORDERS WITH CC 1 .1 4 8 9 7 .1 39

241 08 MED CONNECTIVE TISSUE DISORDERS W/0 CC .5 6 9 8 4 .4 36 242 08 MED SEPTIC ARTHRITIS 1 .2 5 4 3 8 .2 4 0 243 08 MED MEDICAL BACK PROBLEMS .6 6 9 7 5 . 0 37 244 0 8 MED BONE OISEASES ft SPECIFIC ARTHROPATHIES WITH CC .7 8 7 5 5 . 5 37 245 08 MED BONE DISEASES ft SPECIFIC ARTHROPATHIES W/0 CC .5 4 3 1 4 . 0 36

* MEDICARE IDATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOR LOW VOLUME DRGS. « « DRGS 4 6 9 tAND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO V A LID DRGS. NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. 36037 w TABLE 5 PAGE 8 OF 15 9 LIST OF DIAGNOSIS RELATED GROUPS (DRGS). RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 246 08 MEO NONSPECIFIC ARTHROPATHIES .5869 4.4 36 .5467 3.6 36 247 08 MED SIGNS A SYMPTOMS OF MUSCULOSKELETAL SYSTEM A CONN TISSUE Register Federai 248 08 MEO TENDONITIS, MYOSITIS & BURSITIS .6696 4.6 37 249 08 MED AFTERCARE. MUSCULOSKELETAL SYSTEM & CONNECTIVE TISSUE .7178 4.3 36 250 08 MED FX. SPRN, STRN & DISL OF FOREARM, HAND. FOOT AGE >17 WITH CC .7017 4.5 37

251 08 MEO FX, SPRN, STRN & DISL OF FOREARM, HAND. FOOT AGE >17 W/O CC .429? 2.S 24 252 08 MED FX, SPRN, STRN & DISL OF FOREARM. HAND, FOOT AGE 0-17 .3454 1.8 15 253 08 MED FX, SPRN, STRN A DISL OF UPARM,LOWLEG EX FOOT AGE >17 WITH CC .7911 5.8 38 354 08 MEO FX, SPRN. STRN A DISL OF UPARM,LÖWLEG EX FOOT AGE >17 W/O CC .4247 3.5 35 2.9 32 255 08 MED FX. SPRN. STRN A DISL OF UPARM,LOWLEG EX FOOT AGE 0-17 .4582 Rules Proposed 30» / fuly 1991 Tuesday, / 146 56,No. VoL / 36 356 08 MED OTHER MUSCULOSKELETAL SYSTEM A CONNECTIVE TISSUE DIAGNOSES .6398 3.8 257 Oft SURG TOTAL MASTECTOMY FOR MALIGNANCY WITH CC .9045 4.6 24 SURG TOTAL MASTECTOMY FOR MALIGNANCY W/O CC .7076 3.6 15 258 09 36 259 09 SURG SUBTOTAL MASTECTOMY FOR MALIGNANCY WITH CC .9044 4.0 260 09 SURG SUBTOTAL MASTECTOMY FOR MALIGNANCY W/O CC .5715 2.4 J4 261 09 SURG BREAST PROC FOR NON-MALIGNANCY EXCEPT BIOPSY A LOCAL EXCISION .6722 2.2 15 SURO BREAST BIOPSY A LOCAL EXCISION FOR NON-MALIGNANCY .4911 1.9 18 262 09 47 263 09 SURG SKIN GRAFT A/OR DEBRID FOR SKN ULCER OR CELLULITIS WITH CC 2.6650 15.1 264 09 SURG SKIN GRAFT A/OR DEBRID FOR SKN ULCER OR CELLULITIS W/O CC 1.2901 8.5 40 265 09 SURG SKIN GRAFT A/OR DEBRID EXCEPT FOR SKIN ULCER OR CELLULITIS W CC 1.3805 6.1 38 35 266 09 SURG SKIN GRAFT A/OR DEBRID EXCEPT FOR SKIN ULCER OR CELLULITIS W/O CC .6821 3.0 267 09 SURG PERIANAL A PILONIDAL PROCEDURES ,5953 2.7 35 34 268 09 SURG SKIN. SUBCUTANEOUS TISSUE A BREAST PLASTIC PROCEDURES .7138 2.5 09 SURG OTHER SKIN, SUBCUT TISS A BREAST PROCEDURE WITH CC 1.6526 8.0 40 269 35 270 09 SURG OTHER SKIN. SUBCUT TISS A BREAST PROCEDURE W/O CC .6537 2.9

271 09 MED SKIN ULCERS 1.2456 8.8 41 39 272 09 MED MAJOR SKIN DISORDERS WITH CC 1.0789 7.3 273 09 MED MAJOR SKIN DISORDERS W/O CC , .6726 5.5 38 274 09 MED MALIGNANT BREAST DISORDERS WITH CC 1.1340 6.6 39 35 275 09 MED MALIGNANT BREAST DISORDERS W/O CC .5829 *3.2 36 276 09 MED NON * MALIGANT BREAST DISORDERS .5763 3.8 377 09 MED CELLULITIS AGE >17 WITH CC .9201 7.0 39 278 09 MED CELLULITIS AGE >17 W/O CC .6179 5.3 30 09 MED CELLULITIS AGE 0-17 .7278 4.2 24 276 37 280 09 MEO TRAUMA TO THE SKIN, SUBCUT TISS A BREAST AGE >17 WITH CC .6636 4.6

• MEOICARE • * DRGS 469 NOTE : ucunt I niw «9 www»» whwi iw ww 1 uiwn.i,. ■ rwt ' — • — - —■ ------— - NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. TABLE 5 PAGE 9 OF 15

LIST OF DIAGNOSIS RELATED GROUPS ( DRGS), RELATIVE WEIGHTING FACTORS, GEOMETRIC MEAN LENGTH OF STAY. AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUTLIER WEIGHTS MIAN LOS THRESHOLD 281 09 MED TRAUMA TO THE S K IN , SUBCUT T IS S & BREAST AGE > 1 7 W /0 CC .4 1 8 8 3 .1 30 282 0 9 MED * TRAUMA TO THE S K IN , SUBCUT T IS S & BREAST AGE 0 -1 7 .3 3 8 3 2 .2 19

283 0 9 MED MINOR SKIN DISORDERS WITH CC .7317 5 .2 37 Register Federal 284 09 MED MINOR SKIN DISORDERS W/0 CC .4 4 0 1 3 .5 34 285 10 SURG AMPUTAT OF LOWER LIMB FOR ENDOCRINE,NUTRIT.& METABOL DISORDERS 2 .6 8 6 7 1 5 .0 47

286 10 SURO ADRENAL A PITU ITA R Y PROCEDURES 2 .4 2 4 9 9 . 5 41 287 10 SURG SK IN GRAFTS A WOUND DEBRID FOR ENDOC, NUTRIT A METAB DISORDERS 2 .2 4 9 6 1 3 .4 45 288 10 SURG O .R . PROCEDURES FOR OBESITY 2 .0 0 0 3 7 .1 39 289 10 SURG PARATHYROID PROCEDURES 1 .0 0 6 3 4 . 0 36 2 9 0 10 SURG THYROID PROCEDURES .7 5 0 0 2 .8 17 j Vol. 56, No. 146 / Tuesday, July 30,1991 / Proposed Rules Proposed / 30,1991 July Tuesday, / 146 No. 56, Vol. 291 10 SURG THYROGLOSSAL PROCEDURES .4 4 3 0 1 .7 8 292 10 SURG OTHER ENDOCRINE, NUTRIT A METAB O .R . PROC W ITH CC 2 .8 1 3 0 1 2 .0 44 293 10 SURG OTHER ENOOCRINE. NUTRIT A METAB O .R . PROC W /0 CC 1 .1 4 5 5 5 . 5 37 294 1 0 . MED DIABETES AGE >35 .7 8 3 1 5 .8 38 2 9 5 10 MED DIABETES AGE 0-35 .7 4 6 6 4 .4 36

2 9 8 10 MED NUTRITIONAL A M1SC METABOLIC DISORDERS AGE >17 WITH CC .9 3 6 9 6 . 0 38 297 10 MED NUTRITIONAL A MISC METABOLIC DISORDERS AGE >17 W/0 CC .5 3 1 1 4 . 0 31 298 10 MED NUTRITIONAL A MISC METABOLIC DISORDERS AGE 0-17 .5 4 7 7 2 .8 31 299 10 MED INBORN ERRORS OF METABOLISM .8 5 7 4 4 .8 37 3 0 0 10 MED ENDOCRINE DISORDERS WITH CC 1 .1 2 3 6 8 . 9 39

301 10 MED ENDOCRINE DISORDERS W/0 CC ,5 8 9 9 4 .1 36 302 11 SURG KIDNEY TRANSPLANT 3 .8 3 1 2 1 3 ,8 46 3 0 3 11 SURG KIDNEY.URETER A MAJOR BLADDER PROCEDURES FOR NEOPLASM 2 .6 6 5 1 1 1 .4 43 3 0 4 11 SURG KIDNEY,URETER A MAJOR BLADDER PROC FOR NON-NEOPL W ITH CC 2 .3 7 1 2 1 0 .0 42 305 11 SURG KIDNEY,URETER A MAJOR BLADDER PROC FOR NON-NEOPL W /0 CC 1 .1 8 7 8 5 . 3 37

306 11 SURG PROSTATECTOMY WITH CC 1 .2 9 5 8 6 . 9 39 307 11 SURG PROSTATECTOMY W /0 CC .7 1 3 8 4 . 0 23 308 11 SURG MINOR BLADOER PROCEDURES WITH CC 1 .4 3 8 2 6 . 4 38 309 11 SURG MINOR BLADDER PROCEDURES W /0 CC .7 3 8 0 3 .2 31 3 1 0 11 SURG TRANSURETHRAL PROCEDURES WITH CC .8 7 9 7 3 .9 36

3 f t 11 SURG TRANSURETHRAL PROCEDURES W /0 CC .5 1 3 6 2 .3 16 312 11 SURG URETHRAL PROCEDURES, AGE > 17 WITH CC .8 1 9 0 3 .8 36 3 1 3 11 SURG URETHRAL PROCEDURES, AGE > 17 W /0 CC .4 6 1 8 2 .1 17 314 11 SURG * URETHRAL PROCEDURES, AGE 0-17 .4 2 7 1 2 . 3 26 3 1 5 11 SURG OTHER KIDNEY A URINARY TRACT O .R . PROCEDURES 2 .0 9 6 4 7 . 0 39 ______• MEDICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOR LOW VOLUME DRGS. • * DRGS 4 6 9 «AND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO V A LID DRGS. NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: R ELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. 36039 TABLE 5 PAGE 10 0F 15

LIST OF DIAGNOSIS RELATED GROUPS (DRGS). RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY. AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLI 316 11 MED RENAL FAILURE 1 .2 8 0 8 6 . 3 38 317 11 MED ADMIT FOR RENAL D IA L Y S IS .4 8 2 7 2 . 5 32 318 11 MED KIDNEY & URINARY TRACT NEOPLASMS WITH CC 1 .0 9 7 7 8 . 0 38 319 11 MED KIDNEY & URINARY TRACT NEOPLASMS W /0 CC .5 4 7 9 2 . 6 32 320 11 MED KIDNEY & URINARY TRACT INFECTIONS AGE >17 WITH CC 1 .0 0 1 4 8 . 7 39

321 11 MED KIDNEY & URINARY TRACT INFECTIONS AGE >17 W/0 CC .6 3 7 1 4 .9 28 322 11 MED KIDNEY & URINARY TRACT INFECTIONS AGE 0-17 .6 2 9 6 4 .6 35 323 11 MED URINARY STONES WITH CC. &/0R ESW LITHOTRIPSY .7 1 1 8 2 .9 31 324 11 MED URINARY STONES W/0 CC .3 9 4 7 2 .1 14 325 11 MED KIDNEY & URINARY TRACT SIGNS & SYMPTOMS AGE >17 WITH CC .6 6 7 9 4 . 3 36

326 11 MED KIDNEY & URINARY TRACT SIGNS & SYMPTOMS AGE >17 W/0 CC .4 2 1 6 2 . 9 25 327 11 MED * KIDNEY & URINARY TRACT SIGNS & SYMPTOMS AGE 0 - 1 7 .5 4 4 4 3 . 1 32 328 11 MED URETHRAL STRICTURE AGE >17 WITH CC .6 1 7 0 3 .6 36 329 11 MED URETHRAL STRICTURE AGE >17 W/0 CC .3 9 7 8 2 .1 18 330 1 1 MED * URETHRAL STRICTURE AGE 0-17 .2 7 5 4 1 .6 .9

331 11 MED OTHER KIDNEY & URINARY TRACT DIAGNOSES AGE >17 WITH CC .9 5 3 3 5 . 3 37 332 11 MEO OTHER KIDNEY & URINARY TRACT DIAGNOSES AGE >17 W/0 CC .5 3 1 0 3 . 0 35 333 11 MED OTHER KIDNEY & URINARY TRACT DIAGNOSES AGE 0-17 .8 7 2 8 4 .7 37 334 12 SURG MAJOR MALE PELVIC PROCEDURES W CC 1 .7 5 6 5 8 .9 3 2 ' 335 12 SURG MAJOR MALE PELVIC PROCEDURES W /0 CC 1 .3 6 0 1 7 .4 21

336 12 SURG TRANSURETHRAL PROSTATECTOMY WITH CC .9 0 2 9 5 . 0 26 337 12 SURG TRANSURETHRAL PROSTATECTOMY W /0 CC .6 1 8 7 3 .7 13 338 12 SURG TESTES PROCEDURES, FOR MALIGNANCY .7 7 8 4 2 .9 35 339 12 SURG TESTES PROCEDURES. NON-MALIGNANCY AGE >17 .6 4 2 3 2 . 5 35 340 12 SURG * TESTES PROCEDURES, NON-MALIGNANCY AGE 0-17 .4 2 8 3 2 4 13

341 12 SURG PENIS PROCEDURES .9 6 5 9 3 .3 25 342 12 SURG CIRCUMCISION AGE >17 .5 9 4 2 2 . 5 34 343 12 SURG * CIRCUMCISION AGE 0-17 .3 7 4 2 1 .7 6 344 12 SURG OTHER MALE REPRODUCTIVE SYSTEM O .R . PROCEDURES FOR MALIGNANCY 1 .0 4 8 2 4 . 4 36 345 12 SURG OTHE^R MALE REPRODUCTIVE SYSTEM O.R. PROC EXCEPT FOR MALIGNANCY .7 3 3 0 3 .3 35

346 12 MED MALIGNANCY, MALE REPRODUCTIVE SYSTEM, WITH CC .9 6 1 5 5 .8 38 347 12 MED MALIGNANCY, MALE REPRODUCTIVE SYSTEM, W/0 CC .4 9 9 8 2 .6 35 348 12 MED BENIGN PROSTATIC HYPERTROPHY WITH CC .6 6 8 6 3 .9 36 349 12 MED BENIGN PROSTATIC HYPERTROPHY W/0 CC .4 0 2 3 2 .3 20 3 5 0 12 MED INFLAMMATION OF THE MALE REPRODUCTIVE SYSTEM .6 7 6 1 4 .9 28

* MEDICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOR LOW VOLUME DRGS. * * DRGS 4 6 9 AND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO VA LID DRGS. NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE' RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS. PAGE 11 OF 15 TABLE 5 AND «« - 0I^ ! ^ 5E^?*fSi?^ÄprÄ 0F STAY RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD .3 2 9 3 1 .3 5 351 12 MED STERILIZATION, MALE .5 8 2 5 3 .3 35 352 12 MED OTHER MALE REPRODUCTIVE SYSTEM DIAGNOSES BJ.nfrA, wlllUFPTn„Y 2 .0 5 3 7 1 0 .1 42 353 13 SURG PELVIC EVISCERATION, RADICAL H Y y 2ift^WIT^CC^0^ 1 .3 8 8 4 7 . 2 33 UTERINE,ADNEXA PROC FOR NON-OVARIAN/ADNEXAL MALIG WITH CC 354 13 SURG .8 6 0 1 S.O 13 355 13 SURG U T E R IN E , ADNEXA PROC FOR NON-OVARIAN/ADNEXAL MALIG W/O CC .7 1 1 9 4 .1 17 FEMALE REPRODUCTIVE SYSTEM RECONSTRUCTIVE PROCEDURES 356 13 SURG 2 .2 1 8 8 1 0 .2 42 UTERINE A ADNEXA PROC FOR OVARIAN OR ADNEXAL MALIG 357 13 SURG 1 .1 1 4 3 6 . 0 23 UTERINE & ADNEXA PROC FOR NON-MALIGNANCY W ITH CC 368 13 SURG .7 8 5 9 4 . 6 12 UTERINE A ADNEXA PROC FOR NON-MALIGNANCY W/O CC 359 13 SURG .7 7 8 6 4 .1 30 360 13 SURG VAGINA, CERVIX A VULVA PROCEDURES .8 4 8 4 3 . 3 35 LAPAROSCOPY A IN C IS IO N A L TUBAL INTERRUPTION 361 13 SURG .4 9 2 1 1 .4 5 362 13 SURG ENDOSCOPIC TUBAL INTERRUPTION . - w .6 3 9 8 3 . 1 27 Oi»C, CONIZATION A RADIO -IM PLANT, FOR MALIGNANCY 363 13 SURG .5 2 9 9 2 .8 28 364 13 SURG DAC! CONIZATION EXCEPT FOR M A L IW ^ Y ______IBfrc 1 .8 7 7 7 7 .4 39 365 13 SURG OTHER FEMALE REPRODUCTIVE SYSTEM Q .R . PROCEDURES 1 .1 8 3 0 8 . 6 39 MALIGNANCY, FEMALE REPRODUCTIVE SYSTEM WITH CC 366 13 MED .4 9 4 3 2 .9 35 MALIGNANCY, FEMALE REPRODUCTIVE SYSTEM W/O CC 367 13 MED .9 2 8 4 8 . 0 38 368 13 MED IN FEC TIO N S, FEMALE REPRODUCTIVE SYSTEM v .5 3 3 8 3 .3 35 MENSTRUAL A OTHER FEMALE REPRODUCTIVE SYSTEM DISORDERS 369 13 MED 1 .0 3 5 0 5 .8 37 370 14 SURG CESAREAN SECTION W CC . 8 5 2 6 4 .1 11 371 14 SURG CESAREAN SECTION W/O CC ii(> iin p c p . 840 8 3 .3 33 372 14 MED VAGINAL DELIVERY W COMPLICATING DIAGNOSES .3 1 3 8 2 .1 8 VAGINAL DELIVERY W/O COMPLICAiI NO, DIAGNOSES 373 14 MED .8 1 8 7 2 .5 9 W STERILIZATION A/OR DSC 374 14 SURG VAGINAL DELIVERY .8 7 3 5 4 .4 29 W O R . PROC EXCEPT STERIL A/OR DSC 375 14 SURG VAGINAL DELIVERY 3751 2 .4 22 376 14 MED POSTPARTUM A POST ABORTION DIAGNOSES W/O 0 • R * * ! 5 2 ÎÏ.E ïRE .8 5 3 9 2 .8 35 POSTPARTUM A POST ABORTION DIAGNOSES W O .R . PROCEDURE 377 14 SURG .7 6 9 2 3 .9 14 378 14 MED ECTOPIC PREGNANCY .2 8 1 8 2 .1 16 379 14 MED THREATENED ABORTION .2 7 7 5 1 .4 10 380 14 MED ABORTION W/O DSC .3 7 9 2 1 .6 10 ABORTION W DSC, ASPIRATION CURETTAGE OR HYSTEROTOMY 381 14 SURG . 1304 1 .2 5 382 14 MED .3 8 6 0 3 .2 JO OTHER ANTEPARTUM DIAGNOSES W MEDICAL COMPLICATIONS 383 14 MED .2 9 3 8 2 .2 22 OTHER ANTEPARTUM DIAGNOSES W/O MEDICAL COMPLICATIONS 384 14 MED 1 .2 0 8 4 1 .8 31 NEONATES, D IED OR TRANSFERRED TÙ ANOTHER ACUTE CARE F A C IL IT Y 385 15 MED

• MEDICARE * • DRGS 4 6 9 penM FTR IC MEAN IS USED ONLY TU PET6MMNB run uun.*»" ------AtuCD d a t i f UTC NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS NOTE. TABLE 5 PAGE 12 OF 15 j 86042

LIST OF DIAGNOSIS RELATED GROUPS ( DRGS), RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY. AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM ______

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 386 15 MED * EXTREME IMMATURITY OR RESPIRATORY DISTRESS SYNDROME, NEONATE 3 .6 0 3 9 1 7 .9 47 387 15 MED * PREMATURITY W MAJOR PROBLEMS 1 .8 0 4 6 1 3 .3 42 388 15 MED * PREMATURITY W /0 MAJOR PROBLEMS 1 .1 4 3 1

8 . 6 38 Register Federal 389 IS MED FULL TERM NEONATE W MAJOR PROBLEMS 1 .4 5 3 1 6 . 5 38 390 15 MED NEONATE W OTHER S IG N IF IC A N T PROBLEMS .8 9 9 7 4 . 5 37

391 15 MED * NORMAL NEWBORN .2 1 9 1 3 .1 11 392 16 SURG SPLENECTOMY AGE >17 3 .2 8 7 2 1 1 .6 44 393 16 SURG ♦ SPLENECTOMY AGE 0 -1 7 1 .5 0 2 2 9 .1 38 394 16 SURG OTHER O .R . PROCEDURES OF THE BLOOD AND BLOOD FORMING ORGANS 1 .5 6 8 8 5 .7 38 395 16 MEO RED BLOOD CELL DISORDERS AGE >17 .7 6 9 1 4 . 6 37 / Vol. 56, No. 146 / Tuesday, July 30,1991 / Proposed Rules Proposed / 30,1991 July Tuesday, / 146 No. 56, Vol. / 396 16 MED RED BLOOD CELL DISORDERS AGE 0 -1 7 .5 3 9 7 2 .4 34 397 16 MED COAGULATION DISORDERS 1 .2 1 0 9 5 . 5 37 398 16 MED RETICULOENDOTHELIAL & IMMUNITY DISORDERS WITH CC 1 .2 0 6 2 8 . 8 39 399 16 MED RETICULOENDOTHELIAL & IMMUNITY DISORDERS W/0 CC .6 6 8 2 4 . 0 36 400 17 SURG LYMPHOMA & LEUKEMIA W MAJOR O .R . PROCEDURE 2 .5 8 4 0 9 . 4 41

401 17 SURG LYMPHOMA & NON-ACUTE LEUKEMIA W OTHER O .R . PROC W CC 2 .2 4 5 0 1 0 .3 42 402 17 SURG LYMPHOMA & NON-ACUTE LEUKEMIA W OTHER O .R . PROC W /0 CC .8 6 3 2 3 .6 36 403 17 MEO LYMPHOMA & NON-ACUTE LEUKEMIA W CC 1 .6 1 0 6 8 .1 40 404 17 MED LYMPHOMA & NON-ACUTE LEUKEMIA W/0 CC .7 2 9 4 3 .9 36 405 17 MEO * ACUTE LEUKEMIA W /0 MAJOR O R . PROCEDURE AGE 0 -1 7 1 .0 2 8 1 4 .9 34

406 17 SURG MYELOPROLIF DISORD OR POORLY D IF F NEOPL W MAJ O .R.PROC W CC 2 .6 4 8 1 1 0 .8 43 407 17 SURG MYELOPROLIF DISORD OR POORLY D IF F NEOPL W MAJ O.R.PROC W /0 CC 1 .1 6 3 4 5 . 3 37 408 17 SURG MYELOPROLIF DISORD OR POORLY D IF F NEOPL W OTHER O.R.PROC 1 .1 0 4 9 4 .2 38 409 17 MED RADIOTHERAPY 1 .0 0 7 3 6 . 4 38 4 1 0 17 MED CHEMOTHERAPY WITHOUT ACUTE LEUKEMIA AS SECONDARY DIAGNOSIS .5 5 5 1 2 .8 19

411 17 MED HISTORY OF MALIGNANCY W /0 ENDOSCOPY .4 5 4 5 2 . 5 31 412 17 MEO HISTORY OF MALIGNANCY W ENDOSCOPY .4 2 2 1 2 . 1 21 413 17 MEO OTHER MYELOPROLIF D IS OR POORLY D IF F NEOPL DIAG WITH CC 1 .3 2 6 8 7 .5 39 414 17 MED OTHER MYELOPROLIF D IS OR POORLY D IF F NEOPL DIAG W /0 CC .7 2 4 3 4 . 3 36 415 18 SURG O .R .( PROCEDURE FOR INFECTIOUS & P A R A S IT lt DISEASES 3 .5 7 6 6 1 4 .8 47

416 18 MED SEPTECEMIA AGE >17 1 .5 3 3 5 7 . 5 40 417 14 MED SEPTECEMIA AGE 0-17 1 .0 0 9 3 5 . 0 37 418 18 MED POSTOPERATIVE & POST-TRAUMATIC INFECTIONS .9 5 7 1 6 . 5 39 419 18 MEO FEVER OF UNKNOWN O R IG IN AGE >17 WITH CC .9 5 5 0 5 .8 38 4 2 0 18 MED FEVER OF UNKNOWN O R IG IN AGE >17 W /0 CC .6 5 2 6 4 . 5 30

* MEDICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOR LOW VOLUME DRGS. * * DRGS 4 6 9 AND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO V A LID DRGS. NOTE: GEOMETRIC MEAN IS USEO ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS.

■ I "— ■ ■ ■ H i PAGE 13 OF 15 TA B L E S AND OF ° F

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD . 6 8 7 3 4 .4 32 421 18 MED VIRAL ILLNESS AGE >17 ■ ■ « - 592 8 4 . 0 33 422 18 MED VIRAL ILLNESS 4 FEVER OF UNKNOWN OK*?1* '7 1 .6 1 7 6 8 .1 40 OTHER INFECTIOUS 5 PARASITIC DiSE^CS DiAGNOSCS 423 18 MED 2 .3 4 6 0 1 2 .5 45 O R PROCEDURE W PRINC IPAL DIAGNOSES OF MENTAL ILLNESS 424 19 SURG .7 1 1 8 4 .7 37 425 19 MED ^¿Ste a d 5u £ t » disturbances of psychosocial dysfunction .6 2 2 2 5 . 5 37 426 19 MED DEPRESSIVE NEUROSES .6 0 5 6 5 .2 37 427 19 MED NEUROSES EXCEPT DEPRESSIVE . . .7 9 0 1 8 . 7 39 DISORDERS OF PERSONALITY 5 IMPULSE CONTROL 428 19 MED .9 3 2 5 7 . 6 40 ORGANIC DISTURBANCES & MENTAL RETARDATION 429 19 MED . 907 4 8 .8 41 430 19 MED PSYCHOSES .7 3 9 1 6 .1 38 431 19 MED CHILDHOOO MENTAL DISORDERS .7 0 1 5 4 .3 36 432 19 MED OTHER MENTAL DISORDER DIAGNOSES .3 7 7 4 3 .1 35 ABUSE OR DEPENDENCE, LEFT AMA ...... 433 20 MED ALCQHGL/DRUG .7 7 0 2 5 . 8 38 ALC/DRUG ABUSE OR DEPENDENCE, DETOX OR OTHER SYMPT TRT ¡J* ™ 434 20 MED .5 1 5 4 4 .8 3.7 435 20 MED ALC/DRUG ABUSE OR DEPENDENCE, DETOX OR OTHER SYMPT TRT W/O CC 1 .0 9 0 3 1 6 .6 49 436 20 MED ALC/DRUG DEPENDENCE W REH ABILITATIO N 1 .1 8 3 8 1 5 .1 47 ALC/DRUG DEPENDENCE, COMBINED REHAB & DETOX THERAPY 437 20 MED .0 0 0 0 .0 0 438 NO LONGER VALID 1 .4 8 3 4 8 .4 38 439 21 SURG SKIN GRAFTS FOR INJURIES 1 .8 2 7 0 8 .4 40 4 4 0 21 SURG WOUNO DEBRIDEMENTS FOR INJURIES .6 9 1 3 2 .4 28 441 21 SURG HAND PROCEDURES FOR IN JU R IE S 1 .9 3 2 0 6 . 2 38 442 21 SURG OTHER O .R . PROCEDURES FOR IN JU R IE S WITH CC .7 5 7 8 2 .7 32 443 21 SURG OTHER O .R . PROCEDURES FOR IN JU R IE S W/O CC .7 5 3 7 5 . 2 37 444 21 MED TRAUMATIC INJURY AGE > 17 W CC .4 8 9 7 3 .8 30 445 21 MED TRAUMATIC INJURY AGE > 17 W/O CC .4 7 3 8 2 .4 22 446 21 MED * TRAUMATIC INJURY AGE 0-17 .4 8 0 2 2 . 6 24 447 21 MED ALLERGIC REACTIONS AGE >17 .3 4 2 8 2 .9 17 448 21 MED * ALLERGIC REACTIONS AGE 0-17 .7 8 7 4 4 .2 38 POISONING 4 TOXIC EFFECTS OF DRUGS AGE >17 WITH CC 449 21 MED . 4 458 2 .5 25 POISONING 4 TOXIC EFFECTS OF DRUGS AGE >17 W/O CC 4 5 0 21 MED l .5 1 2 6 2 .1 17 POISONING 4 TOXIC EFFECTS OF DRUGS AGE 0-17 451 21 MED .8 1 3 0 4 .2 36 452 21 MED COMPLICATIONS OF TREATMENT WITH CC .4 1 7 8 2 . 8 25 21 MED COMPLICATIONS OF TREATMENT W/O CC 4 . 4 38 453 CC .9 1 1 8 454 21 MED OTHER INJURY, POISONING 4 TOXIC EFF OlAG WITH 2 . 5 25 CC .4 2 1 0 4 5 5 21 MED OTHER INJURY, POISONING 4 TOXIC EFF DIAG W/O

: s m s E\ r ^ * s a w s s s s o r Î Ç E ” !™1“* drss' •ffî; SSÏÏ?Ï«CwS?^T^ASI£SASSSyoi 0H ?SÎ^^AÎ Î ^ ^ r p T^ RH rBTE^ ^ P ^ T S SFOB OTHER PATIEWtS. 36044 36044 TABLE 5 PAGE 14 OF 15

LIST OF DIAGNOSIS RELATED GROUPS (DRGS), RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY. AND LENGTH OF STAY OUTLIER CUTOFF POINTS USED IN THE PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUTLIER WEIGHTS MEAN LOS THRESHOLD 456 22 MED BURNS, TRANSFERRED TO ANOTHER ACUTE CARE F A C IL IT Y 2 .0 6 6 3 5 .7 38 457 22 MED EXTENSIVE BURNS W /0 O R . PROCEDURE 1 .6 7 2 6 3 . 0 35 458 22 SURG NON-EXTENSIVE BURNS W SK IN GRAFT 4 .0 2 6 0 1 6 .3 48 Rules Proposed / 30,1991 July Tuesday, / 146 No. 56, Vol. / Register Federal 459 22 SURG NON-EXTENSIVE BURNS W WOUND DEBRIDEMENT OR OTHER O.R. PROC 1 .9 3 4 4 1 0 .4 42 4 6 0 22 MED NON-EXTENSIVE BURNS W /0 O .R . PROCEDURE 1 .0 4 8 4 6 . 4 38

461 23 SURG O .R . PROC W DIAGNOSES OF OTHER CONTACT W HEALTH SERVICES .8 2 1 9 2 .5 34 462 23 MED REHABILITATION 1 .8 1 4 0 1 4 .2 48 483 23 MED SIGNS & SYMPTOMS W CC .7 3 1 9 5 . 0 37 464 23 MED SIGNS & SYMPTOMS W /0 CC .4 5 0 5 3 .1 28 465 23 MED AFTERCARE W HISTORY OF MALIGNANCY AS SECONDARY DIAGNOSIS . 3671 1 .8 18

466 23 MED AFTERCARE W /0 HISTORY OF MALIGNANCY AS SECONDARY DIAGNOSIS .5 7 5 4 2 . 6 35 467 23 MED OTHER FACTORS INFLUENCING HEALTH STATUS .4 2 9 9 2 . 5 35 468 EXTENSIVE O .R . PROCEDURE UNRELATED TO PRINC IPAL DIAGNOSIS 3 .4 0 5 5 1 3 .3 45 469 * * PRINCIPAL DIAGNOSIS INVALID AS DISCHARGE DIAGNOSIS .0 0 0 0 .0 0 4 7 0 * * UNGROUPABLE .0 0 0 0 .0 0

471 08 SURG BILATERAL OR MULTIPLE MAJOR JO IN T PROCS OF LOWER EXTREMITY 3 .9 5 3 7 1 3 .3 45 472 22 SURG EXTENSIVE BURNS W O .R . PROCEDURE 1 3 .4 4 3 3 2 1 .8 54 473 17 MED ACUTE LEUKEMIA W /0 MAJOR O .R . PROCEDURE AGE >17 3 .3 1 3 0 9 .8 42 474 0 4 NO LONGER VALID .0 0 0 0 .0 0 4 7 5 04 MED RESPIRATORY SYSTEM DIAGNOSIS WITH VENTILATOR SUPPORT 3 .6 1 4 4 9 .8 42

4 7 6 PROSTATIC O.R. PROCEDURE UNRELATED TO PRINCIPAL DIAGNOSIS 2 .2 2 3 5 1 4 .3 46 477 NON-EXTENSIVE O.R. PROCEDURE UNRELATED TO PRINCIPAL DIAGNOSIS 1 .4 3 3 9 6 . 1 38 478 0 5 SURG OTHER VASCULAR PROCEDURES W CC 2 .2 0 8 3 7 .2 39 479 0 5 SURG OTHER VASCULAR PROCEDURES W /0 CC 1 .3 2 7 1 4 .4 38 4 8 0 SURG LIVER TRANSPLANT 2 4 .4 7 3 7 4 1 .1 73

481 SURG BONE MARROW TRANSPLANT 1 4 .7 4 0 2 3 6 .9 89 482 SURG TRACHEOSTOMY W MOUTH, LARYNX OR PHARYNX DISORDER 3 .1 6 7 1 1 3 .5 45 483 SURG TRACHEOSTOMY EXCEPT FOR MOUTH, LARYNX OR PHARYNX DISORDER 1 3 .9 0 1 5 3 9 .3 71 484 24 SURG CRANIOTOMY FOR MULTIPLE S IG N IF IC A N T TRAUMA 6 .1 7 9 5 1 3 .9 46 4 8 5 24 SURG L IM ^ REATTACH., H IP AND FEMUR PROCS FOR MULTI SIG N TRAUMA 2 .9 3 2 6 1 3 .5 45

486 24 SURG OTHER O .R . PROCEDURES FOR MULTIPLE S IG N IF IC A N T TRAUMA 5 .1 6 5 0 1 1 .2 43 487 24 MED OTHER MULTIPLE SIG N IF IC A N T TRAUMA 1 .7 6 9 3 7 .7 4 0 488 25 SURG H IV W EXTENSIVE O .R . PROCEDURE 4 .3 0 7 5 1 7 .1 49 489 25 MED HIV W MAJOR RELATED CONDITION 1 .9 7 3 7 9 . 5 42 4 9 0 25 MED H IV W OR W /0 OTHER RELATED CONDITION 1 .1 9 6 4 5 . 5 38

* MEDICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND AND MICHIGAN FOR LOW VOLUME DRGS. • * DRGS 4 6 9 AND 4 7 0 CONTAIN CASES WHICH COULD NOT BE ASSIGNED TO V A LID DRGS. NOTE: GEOMETRIC MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. NOTE: R ELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PA TIEN TS. PAGE 15 OF 15 TA B LE 5 AND • tct nF DIAGNOSIS RELATED GROUPS (ORGS). RELATIVE WEIGHTING FACTORS. GEOMETRIC MEAN LENGTH OF STAY. L IS T OF DIAGNOSISI RELATED CROUPS p o m T S USED THg PROSPECTIVE PAYMENT SYSTEM

RELATIVE GEOMETRIC OUT! t FR WEIGHTS MEAN LOS THRESiiJLD 34 PROCEDURES - UPPER EXTREMITY 1 .5 8 8 8 5 .9 4 9 1 0 8 SURG m a jo r j o i n t a l im b reattachment 40 AS SECONDARY DIAGNOSIS 2 .5 5 3 3 8.2 4 9 2 1? MED CHEMOTHERAPY WITH ACUTE LEUKEMIA

♦ MEOICARE DATA HAVE BEEN SUPPLEMENTED BY DATA FROM MARYLAND A N D CF0R L0W V0LUME DR6* ‘ *♦ ORGS 469 AND 4 7 0 CONTAIN CASES WHICH COULD NOT ASSIGNED TO_VAUXD JJGS. kinTr • RFnuFTCTc MEAN IS USED ONLY TO DETERMINE PAYMENT FOR OUTLIER AND TRANSFER CASES. Rules Proposed / 30.1991 luly Tuesday, / 146 56.No. Vol. / Register NOTE! RELATIVE WEIGHTS ARE BASED ON MEDICARE PATIENT DATA AND MAY NOT BE APPROPRIATE FOR OTHER PATIENTS.

ftlLLINÓ CODE 4120-01-C

oa Oi o S» cn 36046 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules

Addendum, Table 6A [Corrected] would continue to allow recovery of the Secretary establishes to cover the 5. On page 25261, in TABLE 6A, for "costs associated with administration of cost of administering the registration diagnosis code 204.01, Acute lymphoid these programs. program. * * *” The annual fee leukemia in remission, we incorrectly The fee required to reimburse the U.S. attributable to the registration program included DRG 401 in the DRG column. Customs Service for bond processing is payable both by new applicants and The correct entries in the DRG column costs would increase by twenty cents to by registered importers seeking to renew are 400, 405, and 473. $4.75 per bond. their registrations. The reader is referred (Catalog of Federal Domestic Assistance DATES: The comment closing date for to the notices of August 31,1990, and Program No. 93.773, Medicare—Hospital the proposal is August 29,1991. The September 29,1989, for a fuller Insurance) effective date of the final rule would be discussion of the fee and its Dated: July 24,1991. September 30,1991. components. N eil). Stillman, ADDRESS: Comments should refer to the The initial component of the Deputy Assistant Secretary for Information docket number and the notice number, Registration Program Fee is the portion Resources Management. and be submitted to: Docket Section, of the fee attributable to processing and [FR Doc. 91-17989 Filed 7-29-91; 8:45 am] room 5109, 400 Seventh Street, SW., acting upon registration applications. The agency estimates that this portion of BILLING) CODE 4120-01-M Washington, DC 20590. (Docket hours are from 9:30 a.m. to 4 p.m.). the fee will be $86, and identical for both new applications and renewals. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Taylor Vinson, Office of Chief Counsel, Other costs attributable to NHTSA, (202-366-5263). maintenance of the registration program National Highway Traffic Safety arise from reviewing a registrant’s Administration SUPPLEMENTARY INFORMATION: annual statement, and verifying the Introduction continuing validity of information 49 CFR Part 594 already submitted. These costs also On September 29,1989, NHTSA [Docket No. 89-8; Notice 5] include costs attributable to revocation adopted 49 CFR part 594, establishing or suspension of a registration. RIN 2127-AC98 the initial fees authorized by section 108 There has been a slight increase in of the National Traffic and Motor hourly costs in FY 1991, attributable to Schedule of Fees Authorized by the Vehicle Safety Act, as amended by the the 4.2% raise in salaries of employees National Traffic and Motor Vehicle Imported Vehicle Safety Compliance on the General Schedule that became Safety Act Act of 1988, Public Law 100-562 (54 FR effective January 1,1991. Moreover, as 40100; See this notice for a full AGENCY: National Highway Traffic both registered importers and NHTSA Safety Administration (NHTSA), DOT. description of the agency’s methodology personnel have become increasingly and rationale in its determination of ACTION: Notice of proposed rulemaking. familiar with the petition process, each costs). The final rule adopting fees for individual petition has required less of SUMMARY: The Imported Vehicle Safety FY1991 was published on October 4, the agency’s time. NHTSA believes that Compliance Act of 1988 provides that 1990 (55 FR 40664), after publication of a the slight increase in costs has been the fees shall be reviewed, and, if proposal on August 31,1990 (55 FR offset by the lesser amount of time appropriate, adjusted at least every 2 35694). required to administer the registration years. This notice proposes fees that Section 108(c)(3)(B) (15 U.S.C. program. would apply as of October 1,1991, the 108(c)(3)(B)) of the Act provides that the The total portion attributable to beginning of Fiscal Year 1992. amount or rate of fees shall be reviewed, maintenance of the registration program, The agency has tentatively and, if appropriate, adjusted at least as estimated by NHTSA, is determined that the fee for the every 2 years. Further, the fees approximately $169. When added to the registration should remain unchanged at applicable in any fiscal year shall be $86 representing the registration $255 for applications for registered established before the beginning of such application (or annual renewal) importer status, and that the annual fee year. The statute authorizes, an annual component, the cost per applicant or for renewal of such status should also fee to cover the costs of administration renewal equals $255. Therefore, NHTSA remain at $255. of the importer registration program, an has tentatively determined that the The agency would also retain its annual fee or fees to cover the costs of annual registration fee, for the period present petition fee of $100 for making import eligibility determinations, October 1,1991 through September 30, substantially similar determinations, and an annual fee or fees to cover the 1992, should remain at $255. In the event and $500 for others. Each vehicle costs of processing the bond furnished that an application is denied or imported under either determination to the Customs Service. withdrawn, NHTSA would refund all would continue to be subject to a fee of The purpose of this notice is to but $86 of this amount, $169. propose appropriate fees for FY 1992, $83. Each vehicle imported under a 594.7, 594.8 Fees to cover agency costs determination made by NHTSA on its which begins October 1,1991. With the exception of the bond processing fee, in making important eligibility own initiative would remain subject to determination the existing fee of $156. the agency has tentatively determined to The agency believes that its retain the existing fees for the next Section 108(c)(3)(A)(iii)(II) also increasing familiarity with the petition fiscal year. requires Registered Importers to pay procedures has allowed it to reduce the Requirements of the Fee Regulation “such other annual feel or fees as the time required to handle each petition Secretary reasonably establishes [o such that this increased efficiency 594.6 Annual Fee for administration of cover the cost o f. . . making the offsets the increase in costs attributable the importer registration program determinations under this section.” to the annual GS schedule salary Seetion 108(c) (3) (A) (iii) of th Vehicle Pursuant to Part 593, these increases and other factors. Thus, Safety Act provides that registered determinations are whether the vehicle maintenance of fees at the current level importers must pay “such annual fee as sought to be imported is substantially Federal Register / Vol. 56, No. 146 / Tuesday. July 30. 1991 / Proposed Rules 36047

for the next fiscal year. This basis for for registration of importers of vehicles similar to a motor vehicle originally not originally manufactured to conform manufactured for importation into and this specification was the necessity and time required to prepare and publish to the Federal motor vehicle safety sale in the United States, and certified standards, of determinations that as meeting the Federal standards, and proposed fees, to allow a sufficient amount of time to comment upon them, nonconforming vehicles are capable of whether it is capable of being readily conformity to the standards, and of modified to meet those standards, or, and to prepare and issue a final rule not later than September 30. However, reimbursing or advancing the U.S. alternatively, where there is no Customs Service its costs in processing substantially similar U.S. motor vehicle, experience has demonstrated that three months (July 1 to September 30) is an safety standards conformance bonds. It whether the safety features of the is not significant under Department of vehicle comply with or are capable of inadequate time to collate data, to prepare a notice of proposed rulemaking Transportation regulatory policies and being modified to comply with the U.S. procedures. The action does not involve standards. These determinations are and obtain clearances, to publish the proposal and allow die preferred 45 any substantial public interest or made pursuant to petition submitted by controversy. There is no substantial Registered Importers or manufacturers, days for comment on the proposal, to review the comments, to prepare a final effect upon state and local governments. or pursuant to determinations made There is no substantial impact upon a upon the Administrator’s initiative. rule and obtain clearances, and to issue it not later than September 30. NHTSA major transportation safety program. Because a substantially different Both the number of registered importers procedure was adopted for the second will review § 594.7(f) in the forthcoming year together with the final vehicle and determinations are estimated to be year of this program, FY1991, and comparatively small, and the number of reader is referred to the August 31,1990 importation and petition numbers from FY 1991. vehicles to be imported by or through notice for a fuller discussion of the cost such importers from October 1,1991 factors of such determinations. 594.9 Fee to recover the costs of through September 30,1992, is estimated For FY 1991, NHTSA adopted a processing the bond to be 600. Nevertheless, a regulatory restructuring of its fee schedule. The Section 108 (c)(3)(A)(iii)(II) also evaluation analyzing the economic cost basis previously adopted remaied impact of the final rule adopted on at $1,560 for substantially similar requires a registered importer to pay “such annual fee or fees as the September 29,1989, was prepared, and determinations, and at $2,150 for others. is available for review in the docket. Under the restructuring, the fee for a Secretary reasonably establishes to vehicle imported under a determination cover the cost of processing the Bond B. Regulatory Flexibility Act made on the agency’s initiative is furnished to the Secretary of the Treasury’’ upon the important of a The agency has also considered the payable by the importer of any vehicle effects of this action in relation to the covered by any determination made on nonconforming vehicle to ensure that the vehicle will be brought into Regulatory Flexibility Act. I certify that the agency’s initiative. The fee for a this action would not have a significant vehicle imported under a determination compliance within a reasonable time, or if the vehicle is not brought into economic impact upon a substantial pursuant to a petition is payable in part number of small entities. Although by the petitioner and in part by compliance within such time, that it is exported without cost of the United entities that currently modify importers. However, the fee to be nonconforming vehicles are small charged for a vehicle is a pro rata share States, or abandoned to the United States. businesses within the meaning of the of the costs in making all the eligibility Regulatory Flexibility Act, the agency determinations in the fiscal year. The statute contemplates that NHTSA make a reasonable determination of the has no reason to believe that a The fees that NHTSA adopted were cost to the United States Custom Service substantial number of these companies based upon its best estimates of the of processing the bond. In essence, the could not pay the fees proposed by this number of petitions that would be filed, cost to Customs is based upon the time action. The cost to owners or purchasers and the numer of vehicles that would be that a GS 9 Step 5 employee is estimated of modifying nonconforming vehicles to imported pursuant to determinations of to spend on each petition, which was conform with the safety standards may eligibility made upon granting those judged to be 20 minutes. For a fuller be expected to increase to the extent petitions (see 55 FR 40664). However, discussion of these costs, the reader is necessary to reimburse the registered the period covered by the estimates was again referred to the notices of August importer for the fees payable to the the entire fiscal year of 1991. Because 31,1990, and September 29,1989. agency for the cost of administering the FY 1991 will not end until September 30, Because of the 4.2% salary raise in the registration program and making 1991, NHTSA will not be able to General Schedule that was effective eligibility determinations, and to determine the degree of accuracy of its January 1,1991, NHTSA proposes that compensate Customs for its bond estimates. In the absence of final FY the current processing fee be increased processing costs. Governmental 1991 figures, NHTSA believes that it is by twenty cents, to $4.75, for FY 1992. jurisdictions would not be affected at all not appropriate to base fees for FY 1992 since they are generally neither upon available data, which may change Rulemaking Analyses importers nor purchasers of as FY 1991 progresses. Therefore, A. Executive Order 12291 (Federal nonconforming motor vehicles. NHTSA has tentatively determined that Regulation) and DOT Regulatory C. Executive Order 12612 (Federalism) it should retain the existing fee structure Policies and Procedures for another fiscal year. During FY 1992, NHTSA will compare the accuracy of its After considering the impacts of this The agency has analyzed the action in estimates with the complete data from rulemaking action, NHTSA has accordance with the principles and FY 1991, so as to formulate a basis upon determined that the action is not major criteria contained in Executive Order which to propose appropriate fees for within the meaning of Executive Order 12612 “Federalism” and determined that 12291 “Federal Regulation”. It further the action does not have sufficient FY 1993. federalism implications to warrant the In § 594.7(f), NHTSA specifies that it implements Public Law 100-562 under preparation of a Federalism uses a year of July 1-June 30 as the basis which fees may be established to cover of its calculations for petition filing fees the costs of administering the program Assessment. 36048 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Proposed Rules

D. National Environmental Policy Act PART 594—[ AMENDED] 3. Section 594.9(c] would be revised to read: NHTSA has analyzed this action for In consideration of the foregoing, 49 purposes of the National Environmental CFR part 594 would be amended as § 594.9 Fee for reimbursement of bond Policy Act. The action would not have a processing costs. follows: * * * * * significant effect upon the environment 1. The authority citation for part 594 because it is anticipated that the annual would continue to read as follows: (c) The bond processing fee for each volume of motor vehicles imported Authority: Pub. L. 100-562,15 U.S.C. 1401, vehicle imported from October 1,1991, through registered importers would not 1407; delegation of authority at 49 CFR 1.50. through September 30,1992, for which a vary significantly from that existing certificate of conformity is furnished, is before promulgation of the action. 2. In § 594.6, paragraphs (a), (b), (d), $4.75. (h) and (i), and paragraph (e) of § 594.7, Issued on July 24,1991. List of Subjects in 49 CFR Part 594 “October 1,1990” would be replaced by William A. Boehly, Imports, Motor vehicle safety, Motor “October 1,1991” wherever it appears Associate Administrator for Enforcement. vehicles. and “September 30,1991” would be replaced by “September 30,1992” [FR Doc. 91-17957 Filed 7-29-91; 8:45 am] wherever it appears. BILUNG CODE 491C -59-M 36049 Notices Federal Register Voi. 56, No. 148

Tuesday, July 30, 1991

This section of the FEDERAL REGISTER produced in the United States, if that or such other period of time as the contains documents other than rules or ingredient is produced and is commercially Director, Kansas City Commodity proposed rules that are applicable to the available in th

The quantity of timber cut, road The final EIS is scheduled to be NOAA will conduct seven public construction and reconstruction, as well completed by November 1991. In the scoping meetings in Hawaii between as the physical, biological, economic, final EIS, the Forest Service is required August 20 and August 29,1991, and one and social effects of project to respond to comments received from meeting in Washington, DC, on implementation will be analyzed within the public and consulted agencies. The September 5,1991, to solicit public the context of the alternatives. Potential responsible official will consider the comments regarding the identification, resource issues which may affect comments, responses, laws, regulations, distribution and status of the natural, alternative development are condor and policies in making a decision cultural, historical and archeological habitat, clearcutting, visual quality regarding these project proposals. The resources in the marine environment of water quality, spotted owl habitat, responsible official will document the the Hawaiian Islands, and in particular maintaining biodiversity, reforestation, decision and reasons for the decision in Kahooiawe. Information pertaining to and furbearer habitat. the Record of Decision. That decision boundary alternatives, management The California Department of Fish and will be subject to appeal. alternatives, existing resource Game and the U.S. Fish and Wildlife Philip H. Bayles, Acting Forest protection and management regimes, Service will be invited to participate as Supervisor, Sequoia National Forest, research and interpretive opportunities, cooperating agencies to evaluate Porterville, CA, is the responsible potential impacts on threatened and as well as the identification of official. Written comments, questions, additional public concerns will also be endangered species habitat if any such and suggestions concerning the analysis species are found to exist in the sought. This information will be used to should be sent to Linda Brett, District evaluate the marine resources adjacent proposed timber sale areas. Federal, Ranger, Greenhorn Ranger District, P.O. State, and local agencies, as well as to Kahooiawe Island for national marine Box 6129, Bakersfield, California 93386 sanctuary status. Individuals and industry; and other individuals or (phone 805-871-2223). organizations who may be interested in representatives of concerned or affected by the decision, will be Dated: July 20,1991. organizations and government agencies, invited to participate in the scoping Philip H. Bayles, including native Hawaiian interests, are process. This process will include; Forest Supervisor. invited and encouraged to attend. 1. Identification of potential issues [FR Doc. 91-17980 Filed 7-29-91; 8:45 am] NOAA also encourages the submission and/or concerns. BILUNG CODE 3410-11-M of written comments, prior to September 2. Identification of issues to be 15,1991, to the individuals identified analyzed in depth. below. 3. Elimination of insignificant issues DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: or those which have been covered by a Joseph A. Uravitch, Chief, Sanctuaries previous environmental review. National Oceanic and Atmospheric Administration and Reserves Division, Office of Ocean Scoping was initiated during the and Coastal Resource Management, spring of 1990, and continued into the Announcement of Public Scoping National Ocean Service, National spring of 1991. Meetings Regarding a National Marine Oceanic and Atmospheric The analysis is expected to take Sanctuary in the Waters Adjacent to Administration, 1825 Connecticut approximately 9 months to complete. Kahooiawe Island, Hi Avenue NW., suite 714, Washington, DC The draft EIS is expected to be filed 20235, (202/606-4126) or Christopher with the Environmental Protection AGENCY: Office of Ocean and Coastal Evans, NOAA Hawaii Liaison, c/o Agency (EPA) and available for public Resource Management (OCRM), Office of State Planning, Office of the review and comment by September National Ocean Service (NOS), National Governor, State Capitol, Honolulu, 1991. EPA will publish a notice of Oceanic and Atmospheric Hawaii 96813, (808/587-2834). availability for the draft EIS in the Administration (NOAA), Department of Federal Register. The comment period Commerce. DATES AND LOCATIONS: NOAA’s will be 45 days from the date of the Sanctuaries and Reserves Division will a c t io n : Notice of public scoping hold the following public scoping EPA’s published notice of availability. meetings. All persons interested in the proposed meetings: projects are urged to participate at that SUMMARY: In October 1990, the 101st • August 20,1991, at 7 p.m., in time. Comments on the draft EIS should U.S. Congress directed the National Hibiscus Ballroom #1 of the Ala Moana be as specific as possible and may Oceanic and Atmospheric Hotel, 410 Atkinson Drive, Honolulu, address the adequacy of the EIS or the Administration (NOAA) to conduct a Oahu, Hawaii; merits of the alternatives considered. In study of the feasibility of establishing a • August 22,1991, at 6:30 p.m., at the addition, Federal court decisions have national marine sanctuary in the marine Kaha-Kai Elementary School Cafeteria, established that reviewers of a draft EIS environment adjacent to Kahooiawe 76-147 Royal Poinciana Drive, Kailua- must structure their participation in the Island, Hawaii (Pub. L. 101-515). In Kona, Hawaii, Hawaii; environmental review so that it is conducting the study, NOAA was meaningful and alerts an agency to the instructed to give special consideration • August 23,1991, at 1:30 p.m., at the reviewer’s positions and contentions. to the effects of such a sanctuary on the State Office Building, 75 Aupini Street, Environmental objections that could humpback whale populations that Conference Room B, Hilo, Hawaii, have been raised at the draft EIS review inhabit the waters off Kahooiawe Hawaii; stage may be waived if not raised until Island. At this stage, NOAA is not • August 26,1991, at 6:30 p.m., at the after completion of the final EIS. The proposing any site, or sites, in Hawaiian Lahaina Civic Center/Social Hall, 1840 reason for this is to ensure that waters for national marine sanctuary Honoapiilani Highway, Lahaina, Maui, substantive comments and objections designation. The feasibility study, which Hawaii; are made available to the Forest Service is to be transmitted to the Congress by • August 27,1991, at 6 p.m., at the in a timely manner so that the agency December 1,1991, will contain NOAA's Mitchell Pauole Meeting Hall, can respond to them in the final EIS. recommendation for further action. Kaunakakai, Molokai, Hawaii; federal Register / VoL 56. No. 146 / Tuesday, July 30, j^91^/^Notices 36051

today. Current estimates regarding the chain are less developed than the • August 28,1991, at 6 p m., at the complex calcareous structures found in Lanai Public and School Library, Lanai number of North Pacific humpback whales suggest that the population is the Northwestern Hawaiian Islands and City, Lanai, Hawaii; tropical Indo-Pacific region. This is due • August 29,1991, at 8 p.mM at the less than 10% of the estimated 15,000 Council Chambers, 4396 Rice Street, whales that existed prior to exploitation. to several factors: Exposure to large waves; suboptimal water temperature, Lihue, Kauai, Hawaii; and Humpback whales are one of the more • September 5,1991, at 1 p.m., at the easily recognized marine species in clarity and salinity; and geographic Herbert C. Hoover Building, 14th and Hawaiian waters. They principally use isolation, which has left the archipelago without the main reef-building coral of Constitution NW., room 1414, the shallow waters within the 100- the Pacific, Acropora sp. However, Washington, DC. fathom (183-meter) isobath for breeding and calving purposes. The highest extensive fringing reefs are found off the SUPPLEMENTARY INFORMATION: Title III density of whales occurs between the coasts of Oahu, Kauai, the south coast of the Marine Protection, Research and months of February and April primarily of Molokai, and the northwest coast of Sanctuaries Act of 1972,18 U.S.C. 1431 in State waters around the islands of Lanai. Porites sp. and Pocillopora sp. et seq., (the “Act”) authorizes the Maui, Molokai Lanai, and Kahoolawe; are the most common reef-building Secretary of Commerce to designate around Niihau island; and along the corals in the Hawaiian Islands. discrete areas of the marine northwestern coast of Hawaii Island Coral reefs provide habitat for a wide environment as national marine from Keahole Point north to Upóla Point. variety of marine life including fish, sanctuaries to protect their special Lower densities are found around Kauai, crustaceans, mollusks and worms. They conservationaL recreational, ecological, Oahu, and the eastern and southwestern provide important breeding and nursery historical, research, educational, or coast of Hawaii Island. Few humpback grounds for economically important esthetic qualities. The Act is whales have been reported around the fisheries. Terraces and sharp “drop- administered by the National Oceanic atolls, islands, banks and reefs of the offs”, at depths of 50-75 meters, are also and Atmospheric Administration Northwestern Hawaiian Islands. associated with some of the most (NOAA) through the Office of Ocean In December 1977, NOAA received a abundant and economically valuable and Coastal Resource Management nomination for a humpback whale fisheries in the State such as grouper (OCRM), Sanctuaries and Reserves national marine sanctuary in the waters [Serranidae sp.), snapper [Lutjanidae Division (SRD). off the western coast of Maui, Hawaii sp.), tuna [Scombridae sp.) and Kona In October 1990, the Congress directed This area had been identified as a crab [Ranina ranina). NOAA to conduct a study of the principal breeding and calving area for NOAA is seeking information on feasibility of establishing a national the wintering population of marine, ecological and cultural marine sanctuary in the marine approximately 600 endangered resources throughout the Hawaiian environment adjacent.to Kahoolawe humpbacks. On March 17,1982, NOAA Islands in its evaluation of the waters Island, Hawaii. Kahoolawe is the declared the site an Active Candidate adjacent to Kahoolawe Island for smallest of the eight main islands in the for the national marine sanctuary national marine sanctuary status. Hawaiian archipelago and is located designation. In January 1984, NOAA NOAA believes that a comprehensive approximately seven miles southwest of released the “Proposed Hawaii information base concerning the marine Maui. In Urn past Kahoolawe has served Humpback Whale National Marine resources in Hawaiian waters will as a base for fishing and several Sanctuary Draft Environmental Impact enable the agency to better evaluate the ranching attempts, but now is sparsely Statement/Draft Management Plan” for resources of Kahoolawe. NOAA will inhabited with a limited military public review and comment. Based on employ the criteria found in Section 303 presence. From 1941 until 1990, the the comments received, subsequent of the Act to determine if the marine island was primarily used as a combat review and consideration of the site was resources of the Kahoolawe area merit training and live ordnance target site for suspended. further evaluation for sanctuary the U.S. military. These activities were Other species of marine mammals that designation. These criteria include: halted in 1990 by Executive order, which frequent the waters around Kahoolawe (1) The area’s natural resource and placed a moratorium on all military uses Island include pilot whales on Kahoolawe until 1992. Because of the {Gobicephala melaena), false killer ecological qualities; island’s spiritual and archeological (2) The area’s historical cultural, whales (Pseudorca crassidens), Pacific archeological or paleontological importance to native Hawaiian culture, bottlenose dolphins {Tursiops sp.), and as well as its potential economic and spinner dolphins [StenelJa longirostris). significance; environmental value, the State of A majority of the Hawaiian population (3) The present and potential uses that Hawaii is actively seeking the return of of juvenile and adult green sea turtles depend on maintenance of the Kahoolawe to the State. In 1990, [Chelonia mydas) are found in the area’s marine resources; Congress passed legislation (Pub. L. 101- nearshore habitat of the Hawaiian (4) The present and potential 511) to establish a commission to study archipelago (Hawaii Maui, Kahoolawe, activities that may adversely affect and recommend terms and conditions Lanai Molokai, Oahu, Kuaui, and the area’s resources; for the return and restoration of the Niihau). However, at least 90% of all (5) The existing State and Federal regulatory and management island. reproductive activity associated with The waters adjacent to Kahoolawe this Federally-protected species occurs authorities; Island represent a relatively pristine at French Frigate Shoals in the (6) The manageability of the area, marine ecosystem that provides habitat Northwestern Hawaiian Islands. The including such factors as its size, for numerous marine species, including endangered Hawaiian monk seal accessibility, and suitability for wintering populations of the humpback [Monachus schauinslandi) is found monitoring and enforcement whale (Megaptera novaeangliae). The primarily in the Northwestern Hawaiian activities; humpback whale was classified as an Islands. (7) The public benefits to be derived endangered species with the passage of Coral reef development in the from sanctuary status; the Endangered Species Act (16 U.S.C. Hawaiian Islands is varied. In general (8) The significance of the area from a 1531 et seq.) in 1973 and remains so reefs in the eastern portion of the island regional and national perspective; 33052 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices ■nsMbi

and under the Fishery Management Plan for right to a new entrant subsequent to (9) The potential for coordinated and the Snapper-Grouper Fishery of the establishment of a limited entry or comprehensive conservation and South Atlantic Region (FMP), prepared access-controlled system. management of the area. by the Council, and its implementing When management authorities begin In addition to materials collected by regulations at 50 CFR part 646, under the to consider use of a limited access NOAA, information gathered through authority of the Magnuson Act. management regime, speculative entry the public scoping meetings, The Council is developing a limited into a fishery often is responsible for a coordination with other Federal, State, access system for the wreckfish sector rapid increase in fishing effort in and local resource management of the snapper-grouper fishery. A notice fisheries already fully or over­ agencies, and input from public of a March 28,1990, control date for developed. Those seeking possible advocacy groups will be incorporated entry into the wreckfish sector was windfall gain from a potential into the report. The Kahoolawe Island published on September 24,1990 (55 FR management change can exacerbate the National Marine Sanctuary feasibility 39039). The Council anticipates original problems. To help distinguish study, along with NOAA’s developing a limited access system in bona fid e and established snapper- recommendation for further action, is to the remaining sectors of the snapper- grouper fishermen from speculative be transmitted to the Congress by grouper fishery. Comments received by entrants to the fishery, a control date December 1,1991, and will be made the Council during development of may be set before beginning discussions available to the public at that time. Amendment 4 to the FMP support the and planning of limited access regimes. Federal Domestic Assistance Catalogue concept of limited access for all sectors As a result, fishermen are notified that Number 11.429; Marine Sanctuary Program of the fishery. entering the fishery after that date will Dated: July 24,1991. The Council voted to establish July 30, not necessarily assure them of future 1991, as a control date for new entrants John J. Carey, access to the fishery resource on into the snapper-grouper fishery, other grounds of previous participation. Deputy Assistant Administrator, National than the wreckfish sector of the fishery, Ocean Service. This establishment of a control date in the EEZ off the South Atlantic states does not commit the Council or the and requested that a notice be published Secretary to any particular management [Docket No. 910788-1188] in the Federal Register announcing that regime or criterion for entry into the anyone entering sectors of the snapper- snapper-grouper fishery. Fishermen are Snapper-Grouper Fishery of the South grouper fishery other than the wreckfish Atlantic sector after the control date will not be not guaranteed future participation in assured of future participation if the the fishery regardless of their date of a g e n c y : entry or intensity of participation in the National Marine Fisheries Council develops, and the Secretary Service (NMFS), NOAA, Commerce. approves and implements, an effort- fishery before or after the control date. a c t io n : Notice of control date for entry controlled fishery management regime The Council may subsequently choose a into the snapper-grouper fishery. limiting the number of participants in different control date, or it may choose a management regime that does not make s u m m a r y : This notice announces that the fishery. The Council intends to evaluate participation in the fishery by use of such a date. The Council is free to anyone entering the snapper-grouper apply other qualifying criteria for fishery fishery, other than the wreckfish sector documentation of landings of snapper- grouper prior to the control date. entry. The Council may give varying of the fishery, in the exclusive economic considerations to fishermen in the zone (EEZ) off the South Atlantic states In establishing a control date and making this announcement, the Council fishery before and after the control date. after July 30,1991 (control date), may Finally, the Council may choose to take not be assured of future access to the intends to discourage speculative entry into the snapper-grouper fishery while no further action to control entry or fishery if a management regime is access to the fishery. developed and implemented under the the Council discusses possible limited Magnuson Fishery Conservation and entry or access-controlled management Authority: 16 U.S.C. 1801 et seq. Management Act (Magnuson Act) that regimes for the fishery. As the Council Dated: July 24,1991. limits the number of participants in the develops a limited entry or access- Michael F. Tillman, fishery. This notice is intended to controlled management regime, certain Acting Assistant Administrator for Fisheries, promote awareness of potential fishermen who do not currently fish for National Marine Fisheries Service. eligibility criteria for access to the snapper-grouper other than wreckfish, [FR Doc. 91-18003 Filed 7-29-91; 8:45 am] and never have done so, may decide to snapper-grouper fishery and to BILUNG CODE 3510-22-M discourage new entries into the fishery enter the fishery for the sole purpose of based on economic speculation while establishing a record of making the South Atlantic Fishery Management commercial landings. In the absence of a National Fish and Seafood Council (Council) contemplates whether control date, such a record generally Promotional Council; Public Meeting and how fishery access to the snapper- may be considered indicative of economic dependence on the fishery. On a g e n c y : National Marine Fisheries grouper resource should be controlled. this basis, such fishermen may Service (NMFS), NOAA, Commerce. This announcement does not prevent successfully lay claim to access to a establishment of any other date for t im e AND d a t e : The meeting will snapper-grouper fishery that the Council convene at 9 a.m. on Monday, August eligibility in the fishery or another may intend to be limited to traditional method of controlling fishing effort from 12, and adjourn approximately 12 noon participants. New fishery entrants on Tuesday, August 13,1991. being proposed by the Council or being subsequent to the establishment of any implemented by the Secretary of limited entry or access-controlled PLACE: Sheraton Hotel, 401 East 6th Commerce (Secretary). system may have to buy the fishing Avenue, Anchorage, AK 99501. FOR FURTHER INFORMATION CONTACT: rights or a permit from an existing STATUS: NOAA announces a meeting of Peter J. Eldridge, 813-893-3161. participant. Hence, initial access to the the National Fish and Seafood SUPPLEMENTARY INFORMATION: The fishery at little or no cost may result in a Promotional Council (NFSPC). The snapper-grouper fishery is managed windfall gain when selling an access NFSPC, consisting of 15 industry Federal Register / Voi. 56, No. 146 / Tuesday» July 30. 1991^/^Noti€e£ 36053' members and the Secretary of North Pacific Fishery Management be royalty-bearing and will comply with Commerce as a non-voting member, was Council; Public Meetings the terms and conditions of 35 U.S.C. 209 established by the Fish and Seafood and 37 CFR 404.7. The prospective AGENCY: National Marine Fisheries Promotion Act of 1986 to carry out exclusive license may be granted unless, Service, NOAA, Commerce. within sixty days from the date of this programs to promote the consumption of The North Pacific Fishery fish and seafood and to improve the published notice, NTIS receives written : Management Council was unable to evidence and argument which competitiveness of the U.S. fishing complete its lengthy agenda at its June industry. establishes that the grant of the license 24-28,1991, meeting in Anchorage, would not be consistent with the The NFSPC is required to submit an Alaska. The meeting will reconvene on August 13 at 10 a.m., at the Baranof requirements of 35 U.S.C. 209 and 37 annual marketing plan and budget to the CFR 404.7. Secretary of Commerce for his approval Hotel in Juneau, Alaska, and is that describes the marketing and scheduled to continue at least through The present inventions consist of a promotion activities the NFSPC intends August 15. method and apparatus for intratracheal to carry out Funding for NFSPC The only agenda items completed in ventilation (ITV) and intratracheal the earlier session were approval of an pulmonary ventilation (1TPV) in which a activities is provided through inshore-offshore amendment for Congressional appropriations. catheter positioned in a patient’s Secretarial Review, approval of halibut trachea at the carina supplies a constant Matters To Be Considered limited access proposals for public supply of fresh oxygen containing gas to review, and direction to staff on bycatch flush anatomical dead space. By Portion Opened to the Public amendments (this last item was done by positioning the catheter in the patient’s a Council teleconference on July 3J. All August 12,1991 trachea, the dead space of the trachea is other items on the Council’s June agenda bypassed and the trachea is only remain to be considered at this meeting. 9 ajn.-12:30 p.m.—Chairman’s utilized for expiration. The catheter opening remarks; approval of minutes In addition, draft regulations to implement the inshore-offshore includes a catheter tip which directs the from previous meeting; review of constant supply of fresh oxygen meeting agenda and objectives; amendment may be available for Council review at the August meeting. containing gas in a manner so as to presentation of retrospective video on create sub-atmospheric pressure near Council program and consumer and For more information contact the North Pacific Fishery Management the carina and thus allows control of industry comments video; presentation intratracheal airway pressures during of results of summer radio advertising Council, P.O. Box 103136, Anchorage, Alaska 99510; telephone: (907) 271-2809. the entire respiratory cycle and prevents campaign: rating levels achieved, overinflation of the lungs. By providing a consumer reaction, etc.; preliminary Dated: July 25,1991. timed expiratory valve in the ITPV report on retail tie-in program in the six David S. Crestin, mode, lower pressures and fresh oxygen “heavy-up” markets, including available Deputy Director, Office of Fisheries flow rates may be utilized with retail sales comparisons. 12:30 p.m.-2, Conservation and Management, National Marine Fisheries Service, respiratory rates from 10 to 120/min. or p.m.—Lunch. 2 p.m.-5 p.m.— higher. Administrative team update, including [FR Doc. 91-18005 Filed 7-29-91; 8:45 am] budget recap and funds availability; BILUNG CODE 3510-22-1« The availability of SN 7-606,967 for plans for October Seafood Month and licensing was published in the Federal holiday food editor packages, and Register, Vol. 56, #84, p. 13628 (April 3, National Technical Information discussion of additional project plans 1991). Hie availability of SN 7-702,479 Service through 1991. for licensing is announced herein. A copy of the instant patent August 13,1991 Prospective Grant of Exclusive Patent License; Alton Dean Medical, Inc. applications may be purchased from the 9 a.m.-12 noon—Update on results of NTIS sales desk by telephoning 1-800- industry pollings regarding the This is notice in accordance with 35 553-NTIS or by writing to the Order referendum issue; discussion of future USC 209(c)(1) and 37 CFR 404.7(a)(l)(i) Department, NTIS, 5285 Port Royal Council options and other general that the National Technical Information Road, Springfield, VA 22161. Service (NTIS), U.S. Department of business. Commerce, is contemplating the grant of Inquiries, comments and other Portion Closed to the Public: None an exclusive license in the United States materials relating to die contemplated and certain foreign countries to practice license must be submitted to Neil L. FOR FURTHER INFORMATION CONTACT: the inventions embodied in U.S. Patent Mark, Center for Utilization of Federal Jeanne M. Grasso, Program Manager, Application Serial Number 7-606,967, Technology, NTIS, Box 1423, Springfield, National Fish and Seafood Promotional entitled “Device for Intratracheal VA 22151. Properly filed competing Council, 1825 Connecticut Avenue NWM Ventilation and Intratracheal Pulmonary applications received by the NTIS in room 620, Washington, DC 20235. Ventilation,” and its continuation-in- response to this notice will be Telephone: (202) 606-4237. part, SN 7-702,449, entitled “Catheter considered as objections to the grant of Tip for Intratracheal Ventilation and the contemplated license. Dated: July 25,1991. Intratracheal Pulmonary Ventilation,” to David S. Crestin, Alton Dean Medical, Inc. having a place Douglas J. Campion, Acting Director, Office of Fisheries of business in North Salt Lake, Utah. Center for Utilization of Federal Technology, Conservation and Management, National The patent rights in these inventions National Technical Information Service, U.S. Marine Fisheries Service. have been assigned to the United States Department of Commerce, [FR Doc. 91-18002 Filed 7-29-91; 8:45 am] of America. [FR Doc. 91-17981 Filed 7-29-91; 8:-i5 am] BILLING CODE 3510-22-4« The prospective exclusive license will BILUNG CODE 3510-04-4« 36054 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices

COMMITTEE FOR THE Further comments may be invited Dated: July 24,1991. IMPLEMENTATION OF TEXTILE regarding particular comments or L.M. Bynum, AGREEMENTS information received from the public Alternate OSD Federal Register Liaison which the Committee for the Officer, Department of Defense. Announcement of a Request for Implementation of Textile Agreements [FR Doc. 91-17954 Filed 7-29-91; 8:45 am] Bilateral Textile Consultations on Silk considers appropriate for further BILLING CODE 3810-01-M Blend and Other Vegetable Fiber consideration. Coats Produced or Manufactured in The solicitation of comments Taiwan regarding any aspect of the agreement DEPARTMENT OF EDUCATION July 24,1991. or the implementation thereof is not a Office of Postsecondary Education; a g e n c y : Committee for the waiver in any respect of the exemption Implementation of Textile Agreements contained in 5 U.S.C. 553(a)(1) relating Plus and Supplemental Loans for (CITA). to matters which constitute "a foreign Students Programs a c t io n : Notice. affairs function of the United States." AGENCY: Department of Education. A description of the textile and a c t io n : Notice of SLS and PLUS interest FOR FURTHER INFORMATION CONTACT: apparel categories in terms of HTS Kim-Bang Nguyen, International Trade rate for the period July 1,1991, through numbers is available in the June 30,1992.______; . . Specialist, Office of Textiles and CORRELATION: Textile and Apparel Apparel, U.S. Department of Commerce, Categories with the Harmonized Tariff The Acting Assistant Secretary for (202) 377-4212. For information on Schedule of the United States (see Postsecondary Education announces the categories on which consultations have Federal Register notice 55 FR 50756, interest rate for variable rate been requested, call (202) 377-3740. published on December 10,1990). Supplemental Loans for Students (SLS) SUPPLEMENTARY INFORMATION: Auggie D. Tantillo, and PLUS loans to be 9.34 percent for Authority: Executive Order 11651 of March Chairman, Committee for the Implementation the period July 1,1991, through June 30, 3,1972, as amended; section 204 of the of Textile Agreements, 1992. The interest rate for these loans is Agricultural Act of 1956, as amended (7 provided under section 427A of the U.S.C. 1854). (FR Doc. 91-18013 Filed 7-29-91; 8:45 am] Higher Education Act of 1965 (the Act), On July 9,1991, the American Institute BILLING,CODE 3510-D R-F as amended (20 U.S.C, 1077a(c)). in Taiwan (AIT) requested consultations Section 427A(c) of the Act provides with the Coordination Council for North that a variable interest rate applies to American Affairs (CCNAA) regarding DEPARTMENT OF DEFENSE SLS and PLUS loans disbursed on or imports of women’s and girls’ coats in after July 1,1987, existing SLS and PLUS Category 835, produced or manufactured Office of the Secretary loans made at a variable interest rate, in Taiwan. This request was made on and SLS and PLUS loans made prior to the basis of the current bilateral DIA Advisory Board; Closed Meetings July 1,1987 that are refinanced at a agreement between AIT and CCNAA. variable rate. The variable rate applies CITA reserves the right to control AGENCY: Defense Intelligence Agency for each 12-month period beginning July imports at the level under paragraph 7 of Advisory Board. 1 and ending June 30. the agreement. The AIT remains ACTION: Notice of closed meetings. Pursuant to section 427A(c) of the Act, committed to finding a solution as amended, the Acting Assistant concerning this category. Should such a s u m m a r y : Pursuant to the provisions of Secretary has determined the interest solution be reached in consultations subsection (d) of section 10 of Public rate for variable rate PLUS and SLS with CCNAA, further notice will be Law 92-463, as amended by section 5 of loans for the period July 1,1991 through published in the Federal Register. Public Law 94-409, notice is hereby June 30,1992 in the following manner: Anyone wishing to comment or given that closed meetings of a panel of Step 1. By determining the bond provide data or information regarding the DIA Advisory Board have been equivalent rate of the 52-week Treasury the treatment of Category 835, under the scheduled as follows. bills sold at the final auction prior to agreement or to comment on domestic June 1,1991 (6.09 percent); and production or availability of products DATES: Wednesday, August 28,1991 (9 a.m. to 5 p.m.); Tuesday, September 24, Step 2. By adding 3.25 percent to the included in Category 835, is invited to average. submit 10 copies of such comments or 1991 (9 a.m. to 5 p.m.). FOR FURTHER INFORMATION CONTACT: information to Auggie D. Tantillo, ADDRESSES: The DLAC, Bolling AFB, Chairman, Committee for the Washington, DC. Ralph B. Madden, Senior Program Specialist, Guaranteed Student Loan Implementation of Textile Agreements, FOR FURTHER INFORMATION CONTACT: U.S. Department of Commerce, Branch, Division of Policy and Program Lieutenant Colonel John G. Sutay, Development, Department of Education Washington, DC 20230; ATTN: Helen L USAF, Chief, DIA Advisory Board, LeGrande. on (202) 708-8242. Washington, DC 20340-1328 (202/373- (20 U.S.C. 1077a(c)). Because the consultations are 4930). scheduled for August 1991, comments Dated: July 22,1991. should be submitted promptly. SUPPLEMENTARY INFORMATION: The (Catalog of Federal Domestic Assistance No. Comments or information submitted in entire meetings will be devoted to the 94.032, Guaranteed Student Loan Program response to this notice will be available discussion of classified information as and PLUS Program) for public inspection in the Office of defined in section 552b(c)(l), title 5 of Michael J. Farrell, Textiles and Apparel, room H3100, U.S. the U.S. Code and therefore will be Acting Assistant Secretary for Postsecondary Department of Commerce, 14th and closed to the public. Subject matter will Education. Constitution Avenue, NW, Washington, be used in a special study on (FR Doc. 91-17965 Filed 7-20-91; 8:45 am] DC. Technologies and Applications. BILLING CODE 4000-01-M Federal Register / Vol. 56, No. 146 / Tuesday, July 3i, 1991 / Notices 36055

DEPARTMENT OF ENERGY provide the necessary information, Energy, Forrestal Building, room 3F-056, based on their participation in this FE-50,1000 Independence Avenue SW., Financial Assistance Award; Intent To program in prior heating seasons, and Washington, DC 20585. Award Twenty-Two Cooperative have established data collection FOR FURTHER INFORMATION CONTACT: Agreements Under the State Heating relationships with the heating oil Thomas Dukes, Office of Fuels Oil Program distributors and refiners. Accordingly, it Programs, Fossil Energy, U.S. has been determined that the objectives AGENCY: Department of Energy (DOE). Department of Energy, Forrestal of this program may only be achieved by Building, room 3F-070,1000 a c t i o n : Notice of intent to make the the 22 states identified above. following restricted eligibility financial Independence Avenue SW., assistance awards: FOR FURTHER INFORMATION CONTACT: Washington, DC 20585, (202) 586-9590. U.S. Department of Energy, Office of Diane Stubbs, Office of Assistant Placement and Administration, Attn: DE-FC01-91E122713—State of Iowa General Counsel for Fossil Energy, DE-FCO1-01E122714—State of Nebraska Ms. Donna Williams, PR-322.2,1000 Independence Avenue SW.t U.S. Department of Energy, Forrestal DE-FCQ1-91E122715—State of New York Building, room 6E-042,1000 DE-FCO1-01E122710—State of North Carolina Washington, DC 20585. DE-FC01-91E122717—State of Ohio Independence Avenue SW., Thomas S. Keefe, Washington, DC 20585, (202) 586-6667. DE-FCO1-01E122718—State of Vermont Director, Operations Division "B", Office of DE-FC01-91E122719—State of Minnesota Placement and Administration. SUPPLEMENTARY INFORMATION: Centra, a DE-FC01-91E122720—State of Michigan corporation organized and existing DE-FC01-91E122722—District of Columbia [FR Doc. 91-18008 Filed 7-29-01; 8:45 am) BILLING CODE 6450-0t-M under the laws of the Province of DE-FC01-91E122723—State of Massachusetts Manitoba, Canada, has its principal DE-FC01-91E122725—State of Wisconsin DE-FC01-91E122780—State of Connecticut place of business in Winnipeg, DE-FC01-91E122781—State of New Office of Fossil Energy Manitoba. Centra’s ultimate parent Hampshire corporation is Westcoast Energy Inc., a DE-FC01-91E122782—State of New Jersey [FE Docket No. 90-84-NG] company incorporated pursuant to the DE-FCO1-01E122783—State of South Dakota Centra Gas Manitoba; Application for laws of Canada. Under a Centra’s DE~FC01-91E122784—State of Pennsylvania export arrangement with Coastal, a DE-FC01-91E122786—State of Maine Long-Term Authorization To Export natural gas marketing company and DE-FC01-91E122785—State of Virginia Natural Gas to Canada Delaware corporation located in DE-FC01-91E122787—State of Rhode Island Houston, Texas, Coastal has arranged DE-FC01-91E122788—State of Maryland AGENCY: Office of Fossil Energy, DOE. DE-FC01-91E122789—State of Indiana ACTION: Notice of application for long­ for the storage and backhaul DE-FCO1-01E12279O—State of Missouri term authorization to export natural gas transportation of natural gas on the to Canada. systems of ANR Pipeline (ANR) and Great Lakes Gas Transmission SUMMARY: DOE announces that, s u m m a r y : The Office of Fossil Energy Company (Great Lakes). Great Lakes pursuant to 10 CFR 600.7, it is making (FE) of the Department of Energy (DOE) interconnects with ANR in central twenty-two (22) restricted eligibility gives notice of receipt of an application Michigan and crosses northern financial assistance awards under the filed by Centra Gas Manitoba (Centra) Michigan, Wisconsin, and Minnesota above listed Cooperative Agreements. on September 25,1990, as supplemented before interconnecting with Trans- The awards will total $486,000.00 on June 7, and June 17,1991, for long­ Canada’s facilities near Emerson, (DOE share: $243,000.00 Recipients term authorization to export up to 13.5 Manitoba, Canada. share: $243,000.00). The cooperative Bcf of natural gas to Canada over a term According to Centra, the backhaul agreements will permit the involved beginning on the date of first delivery would be accomplished by Coastal states to complete and receive payment through March 31,1995. Pursuant to a providing gas downstream to the for conducting semi-monthly surveys to November 1,1990, gas sales contract southern segment of Great Lakes* collect state level residential No. 2 with Coastal Gas Marketing Company facilities. ANR, under its arrangement heating oil and propane prices during (Coastal), Centra intends to use existing with Coastal, would deliver to Great the heating season. These data will facilities in the United States to export Lakes the same volumes downstream provide Congress with information to be natural gas by backhaul (as more fully that Centra nominates daily during the utilized in analyzing the heating fuels described below) to TransCanada winter season, thus allowing markets in the event of supply and price Pipelines Limited (TransCanada). TransCanada to provide Centra related crises. TransCanada would then deliver the equivalent gas supplies at Centra city SCOPE: The objective of the proposed backhaul volumes to Centra near gate in Winnipeg, Manitoba. In essence, cooperative agreements is to analyze the Winnipeg, Manitoba, Canada. TransCanada would deliver less gas to heating fuels markets, during the heating The application is filed under section Great Lakes to meet Centra’s gas season, in order to determine these 3 of the Natural Gas Act and DOE demand in Canada, but Coastal would states’ specific program plans and Delegation Order Nos. 0204-111 and make up the shortfall by supplying individual needs for heating fuels 0204-127. Protests, motions to intervene, equivalent volumes of domestic and/or statistics. notices of intervention, and written other Canadian supplies from ANR's gas comments are invited. eligibility : Out of a universe of 50 storage facility near its interconnnection potentially eligible states, Congress has DATES: Protests, motions to intervene or with Great Lakes’ system at FarwelL mandated that data be collected from notices of intervention, as applicable, Michigan. The net effect of the only primary residential fuel consuming requests for additional procedures and arrangement would be: (1) To allow states. As a result of this mandate, only written comments are to be filed at the TransCanada and Great Lakes to 22 states have been identified as the address listed below no later than 4:30 transport Centra’s requirements via primary residential fuel consuming p.m., eastern time, August 29,1991. backhaul while: (2) equivalent volumes states. Furthermore, these states have ADDRESSES: Office of Fuels Programs, continue to flow into Great Lakes’ unique qualifications and capabilities to Fossil Energy, U.S. Department of system for delivery in the U.S. or 36056 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices

Canada downstream of ANR Storage. Public Comment Procedures Issued in Washington, DC, July 24,1991. Great Lakes was authorized to import Anthony J. Como, from and export to Canada up to 925,000 In response to this notice, any person Director, Office of Coal and Electricity, Office Mcf/d through November 1, 2005 (see, may file a protest, motion to intervene of Fossil Energy. DQE/ERA Opinion and Order No. 264, or notice of intervention, as applicable, [FR Doc. 91-18009 Filed 7-30-91; 8:45 am] August 9,1988). and written comments. Any person BILLING CODE 6450-01-M Centra states that all the backhaul gas wishing to become a party to the delivered from TransCanada would be proceeding and to have the written Canadian and, because Coastal would comments considered as the basis for [FE Docket No. 91-39-NG] be making up those supplies any decision on the application must, The Montana Power Co.; Application downstream, there would be no net however, file a motion to intervene or change in the volume of gas exported for Long-Term Authorization To notice of intervention, as applicable. Import Natural Gas From Canada back into Canada on Great Lakes’ The filing of a protest with respect to system by virtue of the arrangement if this application will not serve to make a g e n c y : Office of Fossil Energy, DOE. approved by DOE. , the protestant a party to the proceeding, ACTION: Notice of application for long­ According to the application, the gas although protests and comments term authorization to import natural gas sales contract between Centra and received from persons who are not from Canada. Coastal provides for a price consisting parties will be considered in of a demand and commodity charge. The s u m m a r y : The Office of Fossil Energy commodity charge would be calculated determining the appropriate action to be (FE) of the Department of Energy (DOE) from the Inside FERC Gas Market taken on the application. All protests, gives notice of receipt of an application Report’s average price index of spot gas motions to intervene, notices of filed by The Montana Power Company delivered to pipelines for the State of intervention, requests for additional (MPC) on June 3,1991, as supplemented Louisiana for the months of May through procedures, and written comments June 14,1991, for authorization to import October in the first contract year and for should be filed with the Office of Fuels up to 50,000 MMBtu per day (50,000 Mcf) April through October in each Programs at the address listed above. of natural gas from Canada beginning November 1,1991, through October 31, subsequent contract year. The demand It is intended that a decisional record or transportation charge would be for 2006. MPC proposes to import this gas on the application will be developed from its wholly-owned Canadian firm deliveries from Great Lakes’ receipt through responses to this notice by and delivery points, as described in the subsidiary, Canadian-Montana Pipe November 1,1990, Centra/Coastal gas parties, including the parties' written Line Company (CMPL), for its system sales contract, and would not exceed comments and replies thereto. supply. The volumes would enter the $.27 per MMBtu for the first year. Additional procedures will be used as pipeline facilities of MPC at a point on This export application will be necessary to achieve a complete the international boundary with the reviewed under section 3 of the Natural understanding of the facts and issues. A United States near Aden, Alberta Gas Act and the authority contained in party seeking intervention may request (Whitlash, Montana). No new pipeline DOE Delegation Order Nos. 204-111 and that additional procedures be provided, construction is required. If this 0204-127. In deciding whether the such as additional written comments, an application is approved, it would replace MPC’s existing authorization to proposed export of natural gas is in the oral presentation, a conference, or trial- import gas from CMPL which otherwise public interest, domestic need for the type hearing. Any request to file natural gas will be considered, and any additional written comments should would expire December 31,1992, and also lower by one-half the daily volume other issues determined to be explain why they are necessary. Any that had previously been authorized. appropriate, including whether the request for a trial-type hearing must The application is filed under section arrangement is consistent with DOE show that there are factual issues policy of promoting competition in the 3 of the Natural Gas Act and DOE genuinely in dispute that are relevant Delegation Order Nos. 0204-111 and natural gas marketplace by allowing and material to a decision and that a 0204-127. Protests, motions to intervene, commercial parties to freely negotiate trial-type hearing is necessary for a full notice of intervention, and written their own trade arrangements. Parties, and true disclosure of the facts. comments are invited. especially those that may oppose this application, should comment on these If an additional procedure is DATES: Protests, motions to intervene or matters as they relate to the requested scheduled, notice will be provided to all notices of intervention, as applicable, export authority. The applicant asserts parties. If no party requests additional requests for additional procedures, and that there is no current need for the procedures, a final opinion and order written comments are to be filed at the domestic gas that would be exported may be issued based on the official address listed below no later than 4:30 under the proposed arrangements. record, including the application and p.m., Eastern time, August 29,1991. Parties opposing this arrangement bear responses filed by parties pursuant to ADDRESSES: Office of Fuels Programs, the burden of overcoming this assertion. this notice, in accordance with 10 CFR Fossil Energy, U.S. Department of 590.316. Energy, Forrestal Building, room 3F-056, NEPA Compliance FE-50,1000 Independence Avenue SW., The National Environmental Policy A copy of Centra’s application is Washington, DC 20585, (202) 586-9478. Act (NEPA), 42 U.S.C. 4321, et seq., available for inspection and copying in FOR FURTHER INFORMATION CONTACT: requires the DOE to give appropriate the Office of Fuels Programs Docket consideration to the environmental Room, Room 3F-056 at the above P.J. Fleming, Office of Fuels Programs, effects of its proposed actions. No final address. The docket room is open Fossil Energy, U.S. Department of decision will be issued in this between the hours of 8 a.m. and 4:30 Energy, Forrestal Building, room 3F- proceeding until the DOE has met its p.m., Monday through Friday, except 094,1000 Independence Avenue SW., NEPA responsibilities. Federal holidays. Washington, DC 20585, (202) 586-4819. Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices 36057

Diane Stubbs, Office of Assistant October 30,1984, gas purchase contract requires DOE to give appropriate General Counsel for Fossil Energy, with CMPL, as amended by letter consideration to the environmental Office of General Counsel, U.S. agreements dated November 29,1988, effects of its proposed actions. No final Department of Energy, Forrestal and August 1,1989. The contract decision will be issued in this Building, room 6E-042,1000 provides for a maximum daily quantity proceeding until DOE has met its NEPA Independence Avenue SW„ of 50,000 Mcf at an initial price of $1.69 responsibilities (U.S.) per MMBtu. The price is subject to Washington, DC 20585, (202} 586-6667. Public Comment Procedures SUPPLEMENTARY INFORMATION: MPC is a redetermination every six months. It is public utility that operates an intrastate intended that the redetermined price be In response tp this notice, any person natural gas pipeline serving customers competitive in MPC’s market area. The may file a protest, motion to intervene throughout western and central annual contract quantity (ACQ) under or notice of intervention, as applicable, Montana. Since the early 1980’s MPC’s the agreement would be equal to the and written comments. Any person natural gas supply has been composed volume authorized for export from wishing to become a party to the of about one-fourth Canadian natural Canada by the National Energy Board of proceeding and to have the written gas and three-fourths Montana natural Canada (NEB). CMPL applies to the NEB comments considered as the basis for gas. All of MPC’s Canadian gas is to export 10 Bcf per year. The any decision on the application must imported under two long-term application is currently under review. however, file a motion to intervene or agreements with CMPL, except for a The purchase contract imposes a take- notice of intervention, as applicable. small amount obtained under a two-year or-pay obligation requiring MPC to The filing of a protest with respect to blanket authorization granted by FE that purchase at least 60 percent of the ACQ. this application will not serve to make will end February 6,1993 (1 FE ^70,409). If MPC fails to take the required the protestant a party to the proceeding, minimum volumes, it must pay a charge although protests and comments The blanket imports have been short­ equal to 80 percent of die prevailing term arrangements to augment other gas received from persons who are not supplies during the winter heating Imputed Alberta Border Price for each parties will be considered in Mcf of gas below 60 percent not taken. determining the appropriate action to be season. The Imputed Alberta Border Price is MPC is currently receiving the taken on the application. All protests, established by the Government of motions to intervene, notices of majority of its natural gas supplies from Canada pursuant to the Petroleum Canada at Aden, Alberta, under a intervention, and written comments Administration Act. Prepaid gas must meet the requirements that are contract between MPC and CMPL dated volumes may be made up by MPC over October 30,1984, as amended. This is specified by the regulations in 10 CFR the entire contract term. If MPC has part 590. Protests, motions to intervene, the same contract that is the subject of been unable to take all prepaid volumes the present application. The importation notices of intervention, requests for at the time the contract expires, CMPL additional procedures, and written of this gas was initially approved by the would refund money. Federal Power Commission (FPC). By comments should be filed with the MPC has imported gas from the Aden Office of Fuels Programs at the above order issued March 21,1975, as area of Alberta since 1952. It contends amended, MPC is authorized to import a address. that the proposed continuation of the It is intended that a decisional record maximum daily volume of gas not to importation of Canadian gas is exceed 99,460 Mcf through December 31, will be developed on the application necessary to meet the present and future through responses to this notice by 1992. See 53 FPC 908. This authorization demands of the Montana market. would be replaced during its remaining The decision on MPC’s application for parties, including the parties.’ written term by the authorization sought in this import authority will be made consistent comments and replies thereto. proceeding. with DOE’s natural gas import policy Additional procedures will be used as MPC is also currently purchasing gas guidelines, under which the necessary to achieve a complete from CMPL under a separate long-term competitiveness of an import understanding of the facts and issues. A agreement dated May 1,1979, as arrangement in the markets served is the party seeking intervention may request amended, and import authorization primary consideration in determining that additional procedures be provided, initially approved by the Economic whether it is in the public interest (49 FR such as additional written comments, an Regulatory Administration (ERA) of 6684, February 22,1984). In the case of a oral presentation, a conference, or trial- DOE. The term of this authorization to long-term arrangement such as this, type hearing. Any request to file import 1,060 Mcf per day produced from other matters that will be considered in additional written comments should the Reagan gas field spanning the making a public interest determination explain why they are necessary. Any international border in southwestern include need for the natural gas and request for an oral presentation should Alberta extends through December 31, security of the long-term supply. Parties identify the substantial question of fact, 1993. See 1 ERA |70,542 (July 20,1981). that may oppose this application should law, or policy at issue, show that it is In its present application, MPC comment in their responses on the material and relevant to a decision in requests authorization to continue to issues of competitiveness, need for the the proceeding, and demonstrate why an import natural gas at Aden, but at a gas, and security of supply as set forth oral presentation is needed. Any request reduced level of 50,000 Mcf per day (in in the policy guidelines. MPC asserts for a conference should demonstrate contrast to 99,460 Mcf per day), that this import arrangement is in the why the conference would materially beginning November 1,1991, for a period public interest because it is needed, advance the proceeding. Any request tor ending October 31, 2006. MPC’s proposal competitive, and its natural gas source a trial-type hearing must show that there would result in its current authorization will be secure. Parties opposing the are factual issues genuinely in dispute being vacated a year before its import arrangement bear the burden of that are relevant and material to a expiration date when the new overcoming these assertions. decision and that a trial-type hearing is authorization becomes effective. necessary for a full and true disclosure MPC states that the proposed NEPA Compliance of the facts. extension of the Aden import The National Environmental Policy If an additional procedure is arrangement would be governed by its Act (NEPA), 42 U.S.C. 4321, e tse q ., scheduled, notice will be provided to all 36058 Fédérai Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices parties. If no party requests additional Issued in Washington, DC, July 25,1991. Under DOE procedural regulations, 10 procedures, a final opinion and order Anthony J. Como, CFR part 205, any person who will be may be issued based on the official Director, Office of Coal & Electricity, Office of aggrieved by the DOE action sought in record, including the application and Fuels Programs Fossil Energy. these cases may file written comments responses filed by parties pursuant to [FR Doc. 91-18010 F iM 7-2<*-91: R:45 ami on the application within ten days of this notice, in accordance with 10 CFR BILLING CODE 6450-01-M service of notice, as prescribed in the § 590.316. procedural regulations. For purposes of A copy of MPC’s application is the regulations, the date of service of available for inspection and copying in Cases Filed With the Office of notice is deemed to be the date of the Office of Fuels Programs Docket Hearings and Appeals; Week of June publication of this Notice or the date of Room, 3F-056 at the above address. The 28 Through July 5,1991 receipt by an aggrieved person of actual docket room is open between the hours notice, whichever occurs first. All such During the week of June 28 through comments shall be filed with the Office of 8 a.m. and 4:30 p.m., Monday through July 5,1991, the appeals and Friday, except Federal holidays. of Hearings and Appeals, Department of applications for exception or other relief Energy, Washington, DC 20585. listed in the Appendix to this Notice were filed with the Office of Hearings Dated: July 23,1991. and Appeals of the Department of George B. Breznay, Energy. Director, Office of Hearings and Appeals.

List of Ca s e s Received by the Office of Hearings and Appeals

[Week of June 28 through July 5, 1991]

Date Name and location of applicant Case No. Type of submission

6 /2 8 /9 1 ...... Bernard Hanft, Forest Hills, N Y ...... LFA-0133 Appeal of an Information Request Denial. If granted: Bernard Hanft would receive access to copies of specified documents which relate to the conversion of coal to gaseous and liquid fuels and the demonstration of such processes. 6 /2 8 /9 1 ...... Sauvage Gas/John E. Jones Oil Co., Inc., St. Louis, M O .. RR308-4 Request for Modification/Rescission in the Sauvage Gas Refund Pro­ ceeding. If granted: The 6/26 /9 1 Decision and Order (Case No. RF308-13) issued to John E. Jones Oil Co., Inc. would be modified regarding the firm’s Application for Refund submitted in the Sauvage Gas refund proceeding. 6 /2 8 /9 1 ...... Sauvage Gas/John Mobley, St. Louis, M O ...... RR308-6 Request for Modification/Rescission in the Sauvage Gas Refund Pro­ ceeding. If granted: The 6/26/91 Decision and Order (Case No. R F308-19) issued to John E. Mobley would be modified regarding the firm’s Application for Refund submitted in the Sauvage Gas refund proceeding. 6 /2 8 /9 1 ...... Sauvage Gas/Tutcher Magic Gas Co., Inc., SL Louis, RR308-5 Request for Modification/Rescission in the Sauvage Gas Refund Pro­ MO. ceeding. If granted: The 6/26 /9 1 Decision and Order (Case No. HF308-17) issued to Tutcher Magic Gas Co., Inc. would be modified regarding the firm’s Application for Refund submitted in the Sauvage Gas refund proceeding. 6 /2 8 /9 1 ...... Sauvage Gas/Joel Wilkinson/H.C. Oil Company, St. RR308-7 Request for Modification/Rescission in the Sauvage Gas Refund Pro­ Louis, MO. ceeding. If granted: The 6/26 /9 1 Decision and Order (Case No. RF308-20) issued to Joel Wilkinson/H.C. Oil Co. would be modified regarding the firm's Application for Refund submitted in the Sauvage Gas refund proceeding. 6 /2 8 /9 1 ...... Housing Authority of the City of Baltimore, Baltimore, RR272-80 Request for Modification/Rescission in die Crude Oil Refund Proceed­ MD. ing. If granted: The 6 /13/91 Decision and Order (Case No. R F272- 4075) issued to the Housing Authority of the City of Baltimore would be modified regarding the firm’s Application for Refund submitted in the Crude Oil refund proceeding. 6 /2 8 /9 1 ...... James L. Schwab, Spokane, W A ...... LFA-0134 Freedom of Information Appeal. If granted: The June 24, 1991 Freedom of Information Act Request Denial issued by the Office of Security Affairs would be rescinded, and James L Schwab would receive access to information regarding the Schwab Investigation. 6 /2 8 /9 1 ...... Texaco/Time Oil, Washington, D C ...... RR321-74 Request for Modification/Rescission in the Texaco Refund Proceeding. If granted: The 6/21 /9 1 Decision and Order (Case Nos. RF321- 14212 and RF321-15328) issued to Time Oil would be modified regarding the firm’s Application for Refund submitted in the Texaco refund proceeding. Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices 36059

Refund Applications Received a c t io n : Notice.______submission including number of respondents, frequency of response, and [W eek of June 28 to July 5, 1991] s u m m a r y : The proposed information hours of response; collection requirement described below Name of refund (8) Whether the proposal is new, an proceeding/name has been submitted to the Office of Date received Case No. extension, or reinstatement; and of refund Management and Budget (OMB) for applicant review, as required by the Paperwork (9) The telephone numbers of an Reduction Act. The Department is agency official familiar with the 6/20/91 Belridge/Utah...... RQ8-573 soliciting public comments on the proposal and of the OMB Desk Officer 6 /28/91 thru 7 / Texaco Refund RF321- for the Department. 5/91 Applications 16195 thru subject proposal. Received. RF321- ADDRESSES: Interested persons are Authority: Section 3507 of the Paperwork 16224 invited to submit comments regarding Reduction Act, 44 U.S.C. 3507; Section 7(d) of 7 /1 /9 City of Greenfield.. R F272- the Department of Housing and Urban 89442 this proposal. Comments should refer to 7/1/91 Bammel Oil C o ..... RF326-311 the proposal by name and should be Development Act, 42 U.S.C. 3535(d). 7 /1 /9 1 Marilyn Dickson.... RF335-30 sent to: Wendy Swire, OMB Desk Dated: July 10,1991. E.L. Yeager...... RF272-8944 7 /2/91 Officer, Office of Management and Arthur J. Hill, 7/1/91 CSX R F300- Budget, New Executive Office Building, Transportation. 17133 Assistant Secretary for Housing-Federal 7/1/91 Caribou 4 RF329-6 Washington, DC 20503. Housing Commissioner. Corners Oil Inc. FOR FURTHER INFORMATION CONTACT: 7 /1 /9 1 B. Purity Oil Co..... RF329-7 David Cristy, Reports Management Submission of Proposed Information 7 /2/91 Peter Balko...... R F300- 17134 Officer Department of Housing and Collection to OMB 7 /2 /9 1 ICI Americas Inc.... R F300- Urban Development, 451 7th Street SW., Proposal: Report on Program 17135 Washington, DC 20410, telephone (202) RF335-31 Participation Units under Housing 7 /3 /9 1 Thomas M. 708-0050. This is not a toll-free number. Degonia. Assistance Payments Contract (HAP) 7 /3 /9 1 North Georgia RF272- Copies of the document submitted to College. 89444 OMB may be obtained from Mr. Cristy. section 8 Moderate Rehabilitation United Western RF336-17 7/5/91 SUPPLEMENTARY INFORMATION: The Program. Energy Corp. 7 /5 /9 1 Thrifty Oil C o ...... RF329-8 Department has submitted the proposal Office: Housing. 7/5/91 Hiawatha C U RF272- for the collection of information, as Description of the Need for the School Dist. 89445 described below, to OMB for review, as Information and its Proposed Use: 7 /5/91 Hull & Smith R F272- required by the Paperwork Reduction Horse Vans, 89446 Housing Program, Rehabilitation, Act (44 U.S.C. chapter 35). It is also Inc. Rental Housing—The data gathered 7/5/91 Home Service Oil RF330-31 requested that OMB complete its review Co. Inc. within thirty days. from this form will enable HUD to This Notice lists the following maintain a single listing of any assistance provided under the section [FR Doc. 91-18011 Filed 7-29-91; 8:45 am] information: (1) The title of the information 8 Moderate Rehabilitation program BILLING CODE 6450-01-M collection proposal; which will identify the owners and (2) The office of the agency to collect location of project to which assistance the information; DEPARTMENT OF HOUSING AND (3) The description of the need for the was made, the amount of the URBAN DEVELOPMENT information and its proposed use; assistance and the number of units. (4) The agency form number, if Form Number: Form HUD 52525. Office of Housing applicable; Respondents: Public Housing Agencies (5) What members of the public will [Docket No. N-91-3295] (PHA). be affected by the proposal; Frequency of Submission: Annually. Submission of Proposed Information (6) How frequently information Collection to OMB submissions will be required; (7) An estimate of the total numbers of a g e n c y : Office of Housing, HUD. hours needed to prepare the information

Number of x Frequency „ Hours per _ Burden respondents of response response hours

.25 25 Reporting Burden:. 100 1

Contact: Madeline Hastings, HUD (202) Payments (HAP) Contract. Section 8 involving at least $3,000 per unit to 755-4969. Wendy Swire, OMB (202) Moderate Rehabilitation Program correct substandard conditions, are made decent, safe, and sanitary. In 395-6988. A. Justification addition, section 127 of Public Law 101- Date: July 16,1991. 1. Section 8 of the Housing and 235-December 15,1989, states that the Community Development (HCD) Act of Secretary shall maintain a single listing Supporting Statement for Form HUD— 1974, as amended, authorizes HUD to of any assistance provided under the 52525 provide housing assistance on behalf of section 8 Moderate Rehabilitation Report on Program Participation— eligible lower-income families occupying Program, which shall include a Units Under Housing Assistance existing units which, through upgrading statement identifying the owner and 36000 Federal Register / Vol. 58, No. 148 / Tuesday, July 30, 1991 / Notices address of the project to which 6. Not applicable. No small businesses ($9.00 hourly salary) taking 15 minutes assistance was made, the amount of the are involved. to prepare die report annually. assistance, and the number of units 7. Not applicable. The estimated annualized cost to the assisted. 8. There are no special circumstances Federal Government is $4.00 per Field 2. PHAs must prepare Form HUD that require the information to be Office X 25 Field Offices = $100.00. 52525 for each section 8 Moderate conducted in a manner inconsistent with 13. Number of Respondents...... 100 Rehabilitation Project under an Annual CFR 1320.8. Annual Response...... 1 Contributions Contract (ACC) with HUD 9. There were no consultations outside Hours per Response...... 25 funded subsequent to the enactment of the agency. Annual Hours...... 25 Public Law 101-235. The report on 10. No assurance of confidentiality is The estimated burden hours per program participation will list all units provided because no personal response of 15 minutes for a PHA to under Housing Assistance Payments information is obtained from the use of compile the data and fill out the report (HAP) Contract from funds made the form. takes into consideration that this available to PHAs after December 15, 11. There are no sensitive questions information is already known and 1989, and will identify the owner, contained in this form. located in the PHA’s files. The form address of property, number of units, 12. The estimated annualized cost to HUD 52525 will only be used once a and the amount of assistance. the Federal Government is $4.00 per year. If the forms were not required to be Field Office X 25 Field Offices = 14. Not applicable—New request. submitted, HUD could not comply with $100.00. This estimate is based on a staff 15. Not applicable—information the statute, since HUD typically does person at a GS-11 level (16.00 per hourly contained in this report will not be not obtain this information from PHAs. salary) taking 15 minutes to determine published for statistical use. 3. The burden hours for completing the that the appropriate PHAs submit the B. Collection of Information Employing form cannot be reduced any further. report The estimated annualized cost to Statistical Methods 4. There is no duplication. the respondent (PHA) is based on 5. This is a new form and is the first estimated $3.00 labor-cost X per Not applicable—statistical methods time this type of information has been respondents (100) = $300.00. This is are not utilized. requested. based on a staff person at a GS-5 level BILUNG CODE 421(M»-M U.S. Department of Housing Report on Program Participation and Urban Development A Units Under Housing Assistance Payments (HAP) Contract Office ol Housing Federal Housing Commissioner i r Section 8 Moderate Rehabilitation Program OMB Approval No. 2502-XXXX (exp.mmAidtyy)

'PùBe reporting burden lor this collection of Information Is estimated to average XX hours per response, «.eluding the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data Project ID or HAP Contract Number needed, and completing a id reviewing the collection of Information. Send oommentsregarding this burden estimate or any other aspect of this collection of Information, Including suggestions for reducing this btaden, to the Reports Management Officer. Oflioe of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington. D.C. 20410-3600 and to the Office of Management and Budget, Paperwork Reduction Project (2502-XXXX), Washington, D.C. 20503. 1. 9. Number ol Assisted Units Contract Budget Region Public Housing Agency Section 6 Project Name and Address of Owner Name and Address of Project Number of Units

Number (11 digits) ti Project 0 1 2 3 4 5 Total Authority Authority Register Federal / Vol. 56, No. 146 / Tuesday, July 30,1991 / Notices Notices / 30,1991 July Tuesday, / 146 No. 56, Vol. / F

’ Number of Assisted Units by bedroom size form HUD-5252S (06/05/91) Previous editions are obsolete rat. Handbook 7420.3

BILLING CODE 4210-01-C 36061 36062 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices

Instruction for Preparation of Form Example Bedroom Distribution Total Regional Director for Fair Housing and HUD-52525—Report on Program (size) 0 1 2 3 4 Equal Opportunity in Region VI, Participation Units Under Housing number of unit 3 4 2 5 6 20 however, were more limited in scope Assistance Payments (HAP) Contract, units than the redelegations to the other Section 8 Moderate Rehabilitation 9. Contract Authority: The Contract Regional Directors. In today’s notice, the Program Authority is determined by Assistant Secretary is redelegating multiplying, for each bedroom size, additional authority to the Regional A. General Instruction the number of units by the Director for Fair Housing and Equal The original and 1 copy of Form HUD- applicable Moderate Rehabilitation Opportunity in Region VI. The 52525 must be prepared and submitted FMR (120 percent of the Existing additional authority does not extend to to the HUD Field Office (Attention: Housing FMR). Then multiply the proceedings involving any of the 70 Assisted Housing Management Branch) total of all products by 12 months. Public Housing Agencies located in any by Public Housing Agencies (PHAs) for Example for 20 three bedroom units of the 36 class action counties involved each section 8 Moderate Rehabilitation and 10 four bedroom units at in the litigation in Young v. Kemp, Civil Project, including the component for respective published FMRs of $300 Action No. P. 80-8-CA, E.D. Tex., Paris Single Room Occupancy Dwellings for and $400: 20 X $300 X 1.20 = $7200; Div. Homeless Individuals, funded after 10 X $400 X 1.20 = $4800; $7200 + EFFECTIVE DATE: July 1,1991. December 15,1989 and under Housing $4800 = $12,000X12 = $144,000 FOR FURTHER INFORMATION CONTACT: Assistance Payments (HAP) Contract. Contract Authority. Peter Kaplin, Director, Office of Program The initial report will include projects 10. Budget Authority: The Budget Compliance, Office of Fair Housing and funded between December 15,1989 and Authority is determined by Equal Opportunity, room 5230,451 September 30,1991. The initial report multiplying the Contract Authority Seventh Street SW., Washington, DC must be submitted by October 10,1991. by 15 years for the regular Mod 20410, telephone (202) 708-2904. A Rehab Program or 10 years for the B. Reporting Frequency telecommunications device for deaf SRO Mod Rehab Program. Contract persons (TDD) is available at (202) 70&- Subsequent Forms HUD-52525 must Authority of $144,000 yields Budget 0015. (These are not toll-free numbers.) be accomplished annually as of Authority of $2,160,000 for the September 30 to be received by the HUD regular Mod Rehab Program, and SUPPLEMENTARY INFORMATION: Field Office by October 10. The Field $1,440,000 for the SRO Mod Rehab Section A—Redelegation of Authority Office will forward the original report to Program. The Assistant Secretary for Fair Headquarters, Attention: Section 8 [FR Doc. 91-17970 Filed 7-29-91: 8:45 am] Moderate Rehabilitation Division by Housing and Equal Opportunity October 30. BILUNG CODE 4210-01-M redelegates to the Regional Director for Fair Housing and Equal Opportunity in Detailed Instructions Region VI the following authority: Office of the Assistant Secretary for Print or Type Fair Housing and Equal Opportunity (a) The authority under 24 CFR 1.7(d)(2) to determine where there is a 1. Region: Indicate the Region by Roman [Docket No. D-91-956; FR-3082-D-01] finding of compliance on all issues, that numeral I, II, III an investigation does not warrant 2. Field O ffice: Enter the name of the Redelegation of Authority Under Title action, and to issue the recipient a HUD Field Office (e.g. Baltimore VI of the Civil Rights Act of 1964 formal written determination of Office) compliance. AGENCY: Office of the Assistant 3. Public Housing Agency: Enter the (b) The authority under 24 CFR name of the PHA with which HUD Secretary for Fair Housing and Equal Opportunity, HUD. 1.7(d)(1) to issue findings of has entered into an ACC. noncompliance, in connection with 4. Section 8 Project Number: Enter the a c t io n : Notice of redelegation of periodic compliance reviews, and to eleven character alpha/numeric authority. attempt to resolve such noncompliance project number assigned to the SUMMARY: On May 13,1971 (36 FR 8821), findings by informal means under the project by the HUD Field Office. following circumstances: Example: MA06-K123-001 the Secretary of Housing and Urban Development delegated, to the Assistant (1) The recipient has engaged in the 5. Name and Address of Owner: Enter Secretary for Fair Housing and Equal specifically prohibited discriminatory the name of the owner (the person Opportunity, the authority to act as the actions described under 24 CFR who signed the HAP Contract) and “responsible Department official” in 1.4(b)(2)(ii), or has failed to keep, submit the owner’s current address. most matters relating to carrying out the or provide access to information 6. Name and Address of Project: Enter requirements of title VI of the Civil required under 24 CFR 1.6 (b) and (c); the street address or RT’s number, Rights Act of 1964, as that authority is (2) No other violations of 24 CFR part city, county, state and ZIP CODE set forth in HUD's regulations and 1 are found; for each project procedures in 24 CFR parts 1 and 2. By a (3) The violation has not resulted in, 7. Number of Units in Project: Enter the notice of redelegation published June 15, or perpetuated, patterns of occupancy total number of all units in the 1990 (55 FR 24346) and two notices of that are inconsistent with Part 1; project (both assisted and redelegation published January 23,1991 (4) No individual or class or unassisted) (55 FR 2588), the Assistant Secretary individuals can be identified who have 8. Num ber o f Assisted Units: and redelegated the authority to act as been injured by the prohibited Bedroom Distribution Total 0 1 “responsible Department official”, in discriminatory action; 2 3 4 5 certain specified circumstances, to the (5) No affirmative action is necessary Enter the total number of assisted Regional Directors for Fair Housing and to overcome the effects of prior units for which HAP Contract(s) have Equal Opportunity in all regions. The discrimination or conditions which been executed by Bedroom size. redelegations of authority to the resulted in limiting participation by Federal Register ,/ VoL 56, No. 146 J Tuesday, July 30,1991 / Notices 36063 persons of a particular race, color or no official is authorized to serve as horses and burros. The council will also national origin; or Acting Regional Administrator unless all be updated on other BLM programs and (6) The recipient is not currently other employees whose names or titles initiatives. operating under a voluntary compliance precede his/hers in this designation are The meeting is open to the public, and agreement entered pursuant to 24 CFR unable to serve by reason of absence: interested persons may make oral part 1. 1. Deputy Regional Administrator. statements or file a written statement ■(c) The Regional Director for Fair 2. Executive Assistant. for the council’s consideration. Those Housing and Equal Opportunity in 3. Director, Office of Housing. wishing to make oral statements must Region VI may not redelegate the 4. Director, Office of Administration. notify the Susanviiie District Manager, authority granted under this 5. Director, Office of Public Housing. 705 Hall Street, Susanviiie, CA 96130, by redelegalion. 8. Director, Office of Community Monday, Aug. 19,1991. Depending on Planning -and Development. the number of persons wishing to speak, Section B—Authority Excepted 7. Regional Counsel. The authority granted under Section A 8. Director, •Offioe of Fair Housing and a time limit may be imposed. of this redelegation does not include Equal Opportunity. For "further information, contact: Jeff authority under 24 CFR parti to make 9. Georgia Program Coordinator. Forrtana, (916) 257-5381. findings of compliance or 10. Director, Operational Support Robert J. Sherve, noncompliance involving any of the 70 Division. Associate District Manager. Public Housing Agencies located in any This designation supersedes the ¡IFRUoc. 91-17975 Filed 7-29-91: 8:45 am] of the 36 Class action counties involved designation effective September 11,1990 BiLUNG CODE 4310-404« hi the litigation in Young v. Kemp, Civil (55 FR 41891, October 18,1990). Action No. P. 80-8-CA, ED. Tex., Paris (Delegation of Authority by the 'Secretary Div. effective May 4,1962, (27 FR 4319, May 4, National Park Service Authority: 42 U.SsC. 2000d; 42 U.S.C. 1962); Dept. Interim Order II (31TR 815, 3535(d). January 21,1966) Final Environmental Impact Statement, Dated: July 1,1991. This designation shall be effective as of George Washington Memorial Gordon H. Mansfield, July 14,1991. Parkway—Potomac Greens Assistant SecretaryJbrFair Housing and Raymond A. Harris, Equal Opportunity. Regional Administrator-Regional Housing a g e n c y : National Parie Service, Interior. [FR Doc. 91-17969 Filed 7-29-01; 0:45 am] Commissioner, .Region IV(Atlanta). a c t io n : Notice of availability of final BILLING CODE 4210-28-»1 [FR Doc. 91-17968 Filed 7-29-91; 8:45 am] environmental impact statement. BILLING CODE 4210-01-M s u m m a r y : Notice is herebygiven that Office of the Regional Administrator— the National Park Service is releasing a Regional Housing Commissioner DEPARTMENT OF THE INTERIOR final Environmental Impact Statement [Docket No. D-91-955] for George Washington Memorial Bureau of Land Management Parkway, Potomac Greens, Virginia. This Environmental Impact Statement is Acting Regional Administrator, Region Susanviiie District Advisory Council; IV {Atlanta); Designation required by Public Law 100-446, and Meeting addresses the potential impacts to the AGENCY: Department of Housing and AGENCY: Bureau of &and Management, George Washington Memorial Parkway Urban Development. Interior. which may result from proposed private ACTION: Designation. a c t io n : Notice of meeting. development of'the 38-acre Potomac Greens tract located immediately to the SUMMARY: Updates the designation of s u m m a r y : Notice is hereby given in w est of Daingerfield Island on the officials who may serve as Acting accordance with Public Law 95-579 Parkway in Alexandria, Virginia. The Regional Administrator for Region IV. (FLPMA), that the Susanviiie District Environmental Impact Statement EFFECTIVE DATE: July 14,1991. Advisory Council will hold a business focuses on the potential impacts of the FOR FURTHER INFORMATION CONTACT. meeting on Thursday, August 29,1991, planned Potomac Greens development Charles A. Lip thro tt, Director, from 10 a.m. to 4:30 p.m. in the on traffic and the visual, recreational, Management Systems Division, Office cf Conference Room of the Bureau of "Land and historical integrity nf the Parkway. Administration, Atlanta Regional Office, Management’s (BLM) Susanviiie District The Environmental Impact Statement Department of Housing and Urban Office, 705 Hall Street Susanviiie, presents mitigating alternatives for Development, room 634, Richard fi. California, 96130. Topics scheduled for consideration. Russell Federal Building, 75 Spring discussion include resource values and The final Environmental Impact Street SW„ Atlanta, -Georgia 30303-3388, management needs in High Rock Statement will be available for public 404-334-5199. Canyon, development of an interim review at the Nationalpark Service, management plan for the Black Rock -National Capital Region, Office of Land Designation of Acting Regional Desert and High Rock Canyon areas, Administrator for RegionTV Use Coordination, 1100 Ohio Drive SW.t formation of a Susanviiie mid room 201, Washington, DC. Each of the officials appointed to the Winnemucca District Advisory Council following positions is designated to subcommittee on the Bladk Rock Desert SUPPLEMENTARY INFORMATION: Send serve as Acting Regional Administrator and High Rock Canyon, the upcoming requests for further information to Mr. during the absence of, or vacancy in the appointment of council members and a John Parsons, Associate Regional position of, the Regional Administrator, change in chairmanship. IFhe meeting Director,-Land Use Coordination, with all the powers, functions,and will also include a public discussion of National Park Service, National Capital duties redelegated or assigned to the the Susanviiie District’s FY1992 Region, 1100 Ohio Drive SW., Regional Administrator: Provided, That helicopter gathermgptans for wild Washington, DC 20242. 36064 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices 1

Dated: July 17,1991. 20013-7127. Written comments should the Michigan Department of Robert Stanton, be submitted by August 14,1991. Transportation (MDOT), consisting of Regional Director, National Capital Region. Carol D. Shull, 19.35 miles of track in three segments: [FR Doc. 91-18016 Filed 7-29-91; 8:45 am] Chief of Registration, National Register. (1) Between milepost 325.5, at BILLING CODE 4310-70-M Lenawee Junction, and milepost 332.9, COLORADO near Adrian, a distance of 7.40 miles Mesa County (Segment 1); Civil War Sites Advisory Commission; Devils Kitchen Picnic Shelter (Colorado (2) a) Between mileposts 0.0 and 0.25, Meetings National Mounument MPS), Near E at or near Lenawee Junction, and b) entrance, Colorado National Monument, between milepost 315.5, at Riga, and a g e n c y : National Park Service, Grand Junction vicinity, 91001051 milepost 325.5, a distance of 10.25 miles Department of the Interior. Rim Rock Drive Historic District (Colorado (Segment 2); a c t io n : Notice of meeting of the Civil National Monument MPS), Extending S (3) Between milepost 0.0, at War Sites Advisory Commission. and E from W entrance to E entrance, Colorado National Monument, Grand Grosvenor, and milepost 1.7, a point Notice is hereby given in accordance Junction vicinity, 91001054 near the north bank of the Raisin River, with the Federal Advisory Committee Saddlehorn Historic District (Colorado a distance of 1.70 miles (Segment 3). Act, 5 U.S.C. Appendix (1988), that a National Monument MPS), Near W Segments 1 and 3 were not designated meeting of the Civil War Sites Advisory entrance, Colorado National Monument, to Consolidated Rail Corporation Commission will be held on August 16, Grand Junction vicinity, 91001053 (Conrail), but were available for subsidy 1991 in the First Floor Conference Room, Serpent’s Trail (Colorado National under section 304 of the Regional Rail Monument MPS), Near E entrance, Reorganization Act of 1973. USRA-Final 1100 L Street NW., Washington, DC. Colorado. National Monument, Grand The meeting will begin at 9 a.m. and Junction vicinity, 91001052 System Plan-July 1975—Vol. II, pp. 156- conclude at 4 p.m. 57, respectively. From April 1,1976, This meeting constitutes the second LOUISIANA when Penn Central discontinued service, meeting of the Commission. The Caddo Parish until September 30,1977, the State of Michigan provided operating subsidies Commissioners will hear various reports Long, Huey P., House, 305 Forest Ave., on the proposed work of the Shreveport, 91001060 to Conrail on both segments. From Commission. October 1,1977, until September 30, Space and facilities to accommodate Pointe Coupee Parish 1990, Lenawee County Railroad members of the public are limited and Labatut (Louisiana’s French Creole Company, Inc. (LCR), was the persons will be accommodated on a Architecture MPS), Jet, of LA 420 and LA designated operator (D-OP) of Segments first-come, first-served basis. Anyone 10, New Roads vicinity, 91001056 1 and 3. The State of Michigan may file with the Board a written MINNESOTA purchased both segments from Penn Central on February 15,1984. statement concerning matters to be Hennepin County discussed. Segments 1 and 3 qualify for a Persons wishing further information Church of St. Stephen (Catholic), 2201 Clinton modified certificate of public concerning the meeting, or who wish to Ave. S., Minneapolis, 91001058 convenience and necessity. A rail line submit written statements, may contact Itasca County which was approved for abandonment Dr. Marilyn Nickels, Interagency Bovey Village Hall (Federal Relief under the Final System Plan, but over Resources Division, P.O. Box 37127, Construction in Minnesota MPS), 402 2d which operations were continued by a Washington, DC 20013-7127 (telephone St., Bovey, 91001059 D-OP, has been “fully abandoned, or approved for abandonment” within the 202-343-9549). Draft summary minutes Lac Qui Parle County of the meeting will be available for meaning of 49 CFR 1150.21. See Finance public inspection about 8 weeks after Lac qui Parle State Park WPA—Rustic Style Docket No. 28990F, Common Carrier the meeting, in room 6111,1100 L Street Historic District (Minnesota State Park Status of States, State Agencies and CCC/WPA/Rustic Style MPS), Off Co. NW., Washington, DC. Hwy. 33 at SE end of Lac qui Parle Instrumentalities, and Political Dated: July 22,1991. Township, Montevideo vicinity, 91001055 Subdivisions (not printed), served July Lawrence E. Aten, 16,1981, pp. 9-10. SL Louis County Conrad’s application to abandon Acting Executive Director and Chief, Congdon, Chester and Clara, Estate, 3300 Interagency Resources Division. Segment 2 was dismissed when a London Rd., Duluth, 91001057 purchase agreement was entered into [FR Doc. 91-18017 Filed 7-29-91; 8:45 am) [FR Doc. 91-18018 Filed 7-29-91; 8:45 am] under the offer of financial assistance BILLING CODE 4310-70-M BILLING CODE 4310-70-M procedures. See Docket No. AB-167 (Sub-No. 154N), Conrail Abandonment National Register of Historic Places; of the Clinton and Vulcan Secondary Notification of Pending Nominations INTERSTATE COMMERCE Track in MI (not printed), served June 9, COMMISSION 1982. The acquisition by MDOT was Nominations for the following consummated November 30,1982. Under properties being considered for listing in [Finance Docket No. 31845] a modified rail certificate issued in the National Register were received by Adrian & Blissfield Rail Road Co.; Finance Docket No. 29997, LCR operated the National Park Service before July 16, Modified Rail Certificate the segment until September 30,1990. 1991. Pursuant to § 60.13 of 36 CFR part Segment 2 was “approved for 60 written comments concerning the On February 25,1991, Adrian & abandonment” within the meaning of 49 significance of these properties under Blissfield Rail Road Company (A&B) CFR 1150.21 and thus (as in the LCR the National Register criteria for filed a notice for a modified certificate proceeding) qualifies for a modified evaluation may be forwarded to the of public convenience and necessity certificate. See Common Carrier Status National Register, National Park under 49 CFR 1150.23 to operate a rail of States, State Agencies, 3631.C.C. 132, Service, P.O. Box 37127, Washington, DC line in Lenawee County, MI, owned by 135 (1980), and, e.g., Finance Docket No. Federal Register / Vol. 56, No, 146 ,/ Tuesday, July 30, 1991 / Notices ¿6065

30383, Caney. Fork & Western-Railroad, separations, or threat thereof, and .to the partially separated as required for Inc. Modified Rail Certificate (not absolute decline in sales or production. certification. printed), served January 30,1984. Negative Determinations Affirmative Determinations Operations under the modified rail certificate were to have commenced on In each of the following cases the TA-W-25,854; The William Carter Co., or about February 1,1991, and the investigation revealed that criterion (3) Vicksburg, MS agreement between the State of has not been met. A.surwey of customers A certification was issued covering all Michigan and A&B expires September indicated that increased imports did not workers separated on or after May 2, 30,1993. Service will be-offered .to all contribute importantiy to worker 1990. separations at the firm. shippers on an “as needed” basis. The TA-W-25,833; C and.R Cedar,Forks, invdlved line connects at Adrian with TA-W-25,772; CoopBr Industries, Norfolk Southern Corporation’s Detroit, Copper Distribution Equipment Div., WA MI, to Fort Wayne, IN, mainline, at Earlysville, VA A certification was issued covering all Lenawee Junction with Southern TA-W-25,823; Thronton Drum Ring, workers separated on or after May 8, Michigan Railroad Society, and near Springfield, NJ 1990. Riga with GrandTxurik Western TA-W-r25,754; SD . Warren Co., Div.iof ¡1 hereby certify that the Railroad Company. Scott Taper Co., Westbrook, ME aforementioned determinations were The Commission will serve a copy of TA-W-25,799; Eastern Steel Barrel issued during the months of July, 1991. this notice on the Association of Corp., Piscataway, .NJ Copies ofithese determinations are American Railroads (Car Service TA-W-25,851; Sunshine Mining Co .(Big available for inspection in room C-4318, Division) as agent of all railroads Creek), "Kellogg, ID U.S. Department of Labor, 200 subscribing to the car-service and car- TA-W-25,808; Kelsey-Hayes Corp„ Mt. ConstitutioniAvenue, NW., Washington, hire agreement, and on the American "Vernon, OH DC 20210 dining normal business hours Short Line Railroad Association. TA-W-25,817; Santa Fe Minerals, Tnc„ or will be mailed to persons tD write to Dallas, TX By the Commission, David M. Konschnik, the above address. Director,Office^of Proceedings. TA-W-25,818; Santa Fe Minerals, lnc„ El Reno, OK Dated: ¡July 22,1991. Dated: July 24,1991. TA-W-25,819; Santa Fe'Minerals, Inc,, Marvin M. Feoks, Sidney L. Strickland, Jr„ Lafayette, LA Director, Office of Trade Adjustment Secretary. TA-W-25;820; Santa Fe Minerals, Inc., Assistance. [FR Doc. 91-18007 Filed 7-29-01; 8:45 am] Tulsa, OK [FR Doc.01-18001 Filed 7-29-91; *8:45 am] BILLING CODE 7035-01-N TA-W-26,008; Santa Fe Minerals, Inc., BILLING CODE 4510-30-M Middletown, CA TA-W-26,007; Santa Fe Minerals, Inc., DEPARTMENT OF LABOR Tyrone,-OK NATIONAL AERONAUTICS AND TA-W-26,008; Santa Fe Minerals, Inc., SPACE ADMINISTRATION Employment and Training Fort Smith, AR Administration TA-W-26,009; Santa Fe Minerals, Inc., [Notice (91-67J] Live Oak, CA Determinations Regarding Eligibility to In the following cases, the NASA Advisory Council (N AC), Space Apply for Worker Adjustment investigation revealed that the criteria Systems and Technology Advisory Assistance for eligibility has not been met for the Committee (SSTAC); Meeting reasons specified. In accordance withaection 223 of the AGENCY: National Aeronautics and Trade Act of 1974 (19 U.S.C. 2273) the TA-W-25,863; Dura wool, lnc„ Queens Space Administration. Department of Labor herein presents Village, NY summaries of determinations regarding Increased imports did not contribute ACTION: Notice of meeting change._____ eligibility to apply for adjustment importantly to worker separations at die FEDERAL REGISTER CITATION OF assistance issued during the period of firm. PREVIOUS ANNOUNCEMENT: 56FR31970, July 1991. TA-W-25,856; AT and T Notice Number 91-65, ;July 12,1991. In order for an affirmative Communications, Buffalo, NY determination to be made .and a The workers’ firm does not produce PREVIOUSLY ANNOUNCED TIMES AND DATES OF MEETING: August 8,1991,8:15 certification of eligibility to apply for an article as required for certification adjustment assistance to be issued, each under Section 222 of the Trade Act of a.m. to 4:15 pan. of die group eligibility requirementsbf 1974. FOR FURTHER INFORMATION CONTACT: section 222 of the Act must he met. TA-W-25,805; Hagglunds Denison, Ms.-Catherine Smith, Office df (1) That a significant number or Aeronautics, 'Exploration and proportion of the workers in the Marysville, .OH The investigation revealed that Technology, National Aeronautics and workers’ firm, or an appropriate Space Administration, Washington, DC subdivision thereof, haye become totally criterion (2) has notbeen met. Sales or production did not decline during the 20546,202/453-2367. or partially separated, (2) That sales or production, or both, relevant period as required lor c h a n g e s in THE MEETING: The agenda of the firm or subdivision have certification. for this meeting has been revised *to read decreased absolutely, and T A-W-2535Z; B and S Testers, Gillette, as follows: (3) That increases of imports of WY Agenda articles like or directly competitive with The investigation revealed that August is, 1991 articles produced by die firm or criterion (1) has not been met. A 8:15 a»m.—Opening Remarks. appropriate subdivision have significant number -or proportion of the '8:30 a.m.—Welcome, Fiscal Year 1992 contributed importantly to the workers did not become totally or Budget Status. 36066 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices

9 a.m.—Results and Discussion of records managers prepare records 9. Federal Deposit Insurance Integrated Technology Plan External schedules specifying when the agency Corporation (Nl-34-91-5). Bank Review. no longer needs the records and what liquidation records. 4 p.m.—Summary Session. 4:15 p.m.—Adjourn. happens to the records after this period. 10. Department of Health and Human Some schedules are comprehensive and Services, Family Support Administration Dated: July 25,1991. cover all the records of an agency or one (Nl-292-90-4). Comprehensive schedule Philip D. Waller, of its major subdivisions. These for the Office of Refugee Resettlement. Deputy Director, Management Operations comprehensive schedules provide for Office. 11. Department of Justice, Criminal the eventual transfer to the National Division (Nl-60-91-5). Subject, project, [FR Doc. 91-17971 Filed 7-29-91; 8:45 am] Archives of historically valuable records and correspondence files of the Deputy BILUNG CODE 751Q-01-M and authorize the disposal of all other Assistant Attorneys General. records. Most schedules, however, cover 12. Bureau of Labor Statistics, Office records of only one office or program or of Compensation and Working NATIONAL ARCHIVES AND RECORDS a few series of records, and many are Conditions (Nl-257-91-2). Test project ADMINISTRATION updates of previously approved professional, administration, technical, Records Schedules; Availability and schedules. Such schedules also may and clerical pay survey forms, 1987. Request for Comments include records that are designated for 13. National Archives and Records permanent retention. Administration (Nl-GRS-91-4). AGENCY: National Archives and Records Destruction of records requires the Modification of the retention period Administration, Office of Records approval of the Archivist of the United provided by the General Records Administration. States. This approval is granted after a Schedules for microform inspection ACTION: Notice of availability of thorough study of the records that takes records. proposed records schedules; request for into account their administrative use by 14. National Capital Planning comments. the agency of origin, the rights and Commission (Nl-328-91-1). Audiotapes interests of the Government and of of National Capital Planning s u m m a r y : The National Archives and private persons directly affected by the Commission meetings, for which Records Administration (NARA) Government’s activities, and historical transcripts exist. publishes notice at least once monthly or other value. 15. Department of the Treasury, of certain Federal agency requests for Energy Policy Group (Nl-56-91-3). records disposition authority (records This public notice identifies the Federal agencies and their subdivisions Administrative records of the schedules). Records schedules identify Emergency Petroleum Supply records of sufficient value to warrant requesting disposition authority, includes the control number assigned to Committee, 1973-75. preservation in the National Archives of 16. Department of the Treasury, Office the United States. Schedules also each schedule, and briefly describes the records proposed for disposal. The of the Secretary (Nl-56-91-4). authorize agencies after a specified Fragments of the office file of Charles E. period to dispose of records lacking records schedule contains additional information about the records and their Walker, Under Secretary of the administrative, legal, research, or other Treasury, 1969-71. value. Notice is published for records disposition. Further information about schedules that (1) propose the the disposition process will be furnished Dated: July 19,1991. destruction of records not previously to each requester. Don W. Wilson, authorized for disposal, or (2) reduce the Schedules Pending Archivist of the United States. retention period for records already [FR Doc. 91-17974 Filed 7-29-91; 8:45 am] 1. Department of the Army (Nl-AU- authorized for disposal. NARA invites BILLING CODE 7515-01-M public comments on such schedules, as 91-10). Records relating to general required by 44 U.S.C. 3303a(a). officer’s quarters. 2. Department of the Army (Nl-AU- DATES: Request for copies must be NATIONAL COMMISSION ON received in writing on or before 91-11). Records relating to revocation of clinical privileges of health care ACQUIRED IMMUNE DEFICIENCY September 13,1991. Once the appraisal SYNDROME of the records is completed, NARA will providers. send a copy of the schedule. The 3. Department of the Army (Nl-AU- Working Group on Religious requester will be given 30 days to 91-12). Records relating to publishing Communities submit comments. and printing. a g e n c y : National Commission on ADDRESSES: Address requests for single 4. Department of the Army (Nl-AU- copies of schedules identified in this 91-13). Records relating to the Acquired Immune Deficiency Syndrome. notice to the Records Appraisal and accommodation of religious practices. a c t io n : Notice of meeting. Disposition Division (NIR), National 5. Defense Logistics Agency (Nl-361- Archives and Records Administration, 91-13). Contract management records. s u m m a r y : In accordance with the Washington, DC 20408. Requesters must 6. Department of the Navy (Nl-NU- Federal Advisory Committee Act, Public cite the control number assigned to each 89-4). Routine and facilitative records Law 92-463 as amended, the National schedule when requesting a copy. The relating to the general administrative Commission on Acquired Immune control number appears in parentheses management of the Department. Deficiency Syndrome announces a immediately after the name of the forthcoming meeting of the Working 7. Department of the Navy (Nl-NU- Group on Religious Communities. requesting agency. 89-5). Routine and facilitative records DATE AND TIME: Monday, August 26, SUPPLEMENTARY INFORMATION: Each relating to operations and readiness. year U.S. Government agencies create 8. Department of Commerce, Bureau of 1991, 9 a.m. to 5 p.m. billions of records on paper, film, the Census, Geography Division (Nl-29- PLACE: Omni Shoreham Hotel, 2500 magnetic tape, and other media. In order 91-2), 1990 Decennial Census computer Calvert Street NW., Washington, DC to control this accumulation, agency plot tapes. TYPE OF m e e t in g : Open. Federal Register / Vol 56, No. 146 / Tuesday, July 30, 1991 / Notices 36067

FOR FURTHER INFORMATION CONTACT: of advisory panels which are open to the public pursuant to subsection (c)(4), (6) Maureen Byrnes, Executive Director, public. and (9)(B) of section 552b of title 5, The National Commission on Acquired Members of the public attending an United States Code. Immune Deficiency Syndrome, 1730 K open session of a meeting will be Any interested persons may attend, as Street NW., suite 815, Washington, DC permitted to participate in the panel’s observers, meetings, or portions thereof, 20006 (202) 254-5125. Records shall be discussions at the discretion of the -of advisory panels which are open to the kept of all Commission proceedings and chairman of the panel if the chairman is public. shall be available for public inspection a full-time Federal employee. If the Members of the public attending an at this address. chairman is not a full-time Federal open session of a meeting will be permitted to participate in thé panel’s a g e n d a : A Working Group of -the employee, then public participation will Commission will hold a meeting to be permitted at the chairman’s discussions at the discretion of the identify the current issues and concerns discretion with the approval of thè full­ chairman of the panel if the chairman is of religious communities responding to time Federal employee in attendance at a full-time Federal employee. If the the HIV/AIDS epidemic, and to discuss the meeting, in compliance with this chairman is not a full-time Federal the interface between the religious guidance. employee, then public participation will communities’ response and the Federal If you need special accommodations be permitted at the chairman’s Government’s response to the HIV/ due to a disability, please contact the discretion with the approval of the full­ AIDS epidemic. Office of Special Constituencies, time Federal employee in attendance at Interpreting services are available for National Endowment for the Arts, 1100 the meeting, in compliance with this deaf people. Please call our TDD Pennsylvania Avenue, NW., guidance. number (202) 254-3816 to request Washington, DC 20506, 202/682-5532, If you need special accommodations services no later than August 19,1991. TTY 202/682-5496, at least seven (7) due to a disability, please contact the Office of Special Constituencies, Dated: July 24,1991. days prior to the meeting. Further information with reference to National Endowment for the Arts, 1100 Maureen Byrnes, Pennsylvania Avenue, NW., Executive Director. this meeting can be obtained from Ms. Yvonne M. Sabine, Advisory Committee Washington, DC 20506, 202/682-5532, [FR Doc. 91-17992 Filed 7-29-91; 8:45 ami Management Officer, National TTY 202/682-5496, at least seven (7) BILLING CODE 6820-CN-M Endowment for the Arts, Washington, days prior to the meeting. DC 20506, or call (202) 682-5433. Further information with reference to this meeting can be obtained from Ms. NATIONAL FOUNDATION ON THE Yvonne M. Sabine, Yvonne M. Sabine, Advisory Committee ARTS AND THE HUMANITIES Director, Council and Panel Operations, Management Officer, National National Endowment for the Arts. Endowment for the Arts, Washington, Media Arts Advisory Panel; Meeting [FR Doc. 91-17976 Filed 7-29-91; 8:45 am] DC 20506, or call (202) 682-5433. Pursuant to section 10(a)(2) of the MIXING CODE 7537-01-M Yvonne M. Sabine, Federal Advisory Committee Act (Pub. Director, Council and Panel Operations, L. 92-463), as amended, notice is hereby National Endowment for the Arts. given that a meeting of the Media Arts Museum Advisory Panel; Meeting [FR Doc. 91-17978 Filed 7-29-91; 8:45 am] Advisory Panel (Media Arts Centers/ BILLING CODE 7537-01-M National Services I Section) to the Pursuant to section 10(a)(2) of the National Council on the Arts will be Federal Advisory Committee Act (Pub. held on August 12,1991 from 9 a.m.-6:30 L. 92-463), as amended, notice is hereby Museum Advisory Panel; Meeting p.m. and August 13 from 9 a.m.-5:30 pan. given that a meeting of the Museum in room 716 at the Nancy Hanks Center, Advisory Panel (Utilization of Museum Pursuant to section 10(a)(2) of the 1100 Pennsylvania Avenue, NW„ Resources “A" Section) to the National Federal Advisory Committee Act (Pub. Washington, DC 20506. Council on the Arts will be held on L. 92-483), as amended, notice is hereby A portion of this meeting will be open August 12-13,1991 from 9:15 a.m.-5:30 given that a meeting of the Museum to the public on August 13 from 4:30 p.m. in room 730 at the Nancy Hanks Advisory Panel (Utilization of Museum p.m.-5:30 p.m. The topic will be policy Center, 1100 Pennsylvania Avenue, Resources “B” Section) to the National discussion. NW., Washington, DC 20506. Council on the Arts will be held on The remaining portions of this meeting A portion of this meeting will be open August 14-15,1991 from 9:15 a.m.-5:30 on August 12 from 9 a.m.-6:30 p.m. and to the public on August 12 from 9:15 p.m. in room 730 at the Nancy Hanks August 13 from 9 a.m.-4:30 p.m. are for a.m.-10 a.m. The topics will be opening Center, 1100 Pennsylvania Avenue, the purpose of Panel review, discussion, remarks and general discussion. NW., Washington, DC. 20506. evaluation, and recommendation on The remaining portions of this meeting A portion of this meeting will be open applications for financial assistance on August 12 from 10 a.m.-5:30 p.m. and to the public on August 14 from 9:15 under the National Foundation on the August 13 from 9:15 a.m.-5:30 p.m. are a.m.-10 a.m. The topics will be opening Arts and the Humanities Act of 1965, as for the purpose of Panel review, remarks and general discussion. amended, including information given in discussion, evaluation, and The remaining portions of this meeting confidence to the agency by grant recommendation on applications for on August 14 from 10 a.m.-5:30 p.m. and applicants. In accordance with the financial assistance under the National August 15 from 9:15 a.m.-5:30 p.m. are determination of the Chairman of June 5, Foundation on the Arts and the for the purpose of Panel review, 1991, these sessions will be closed to the Humanities Act of 1965, as amended, discussion, evaluation, and public pursuant to subsection (c)(4), (6) including information given in recommendation on applications for and (9)(B) of section 552b of title 5, confidence to the agency by grant financial assistance under the National United States Code. applicants. In accordance with the Foundation on the Arts and the Any interested persons may attend, as determination of the Chairman of June 5, Humanities Act of 1965, as amended, observers, meetings, or portions thereof, 1991, these sessions will be closed to the including information given in 36068 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices confidence to the agency by grant p u r p o s e : The Antarctic Conservation Dated: July 25,1991. applicants. In accordance with the Act requires the Director of the National M. Rebecca Winkler, determination of the Chairman of June 5, Science Foundation to designate Committee Management Officer. 1991, these sessions will be closed to the pollutants and specify those actions [FR Doc. 91-17985 Filed 7-29-91; 8:45 am] public pursuant to subsection (c) (4), (6) which must or must not be taken in BILUNQ CODE 7555-01-M and (9)(B) of section 552b of Title 5, order to prevent or control the discharge United States Code. or other disposal of pollutants from any Any interested persons may attend, as source within Antarctica. 16 U.S.C. observers, meetings, or portions thereof, NUCLEAR REGULATORY 2405(b) (6) and (7). The Advisory COMMISSION of advisory panels which are open to the Committee will assist the National public. Science Foundation in formulating these Below Regulatory Concern; Policy Members of the public attending an Statem ent open session of a meeting will be pollution control regulations. permitted to participate in the panel’s RESPONSIBLE NSF OFFICIAL: Mr. AGENCY: Nuclear Regulatory discussions at the discretion of the Lawrence Rudolph, Deputy General Commission. chairman of the panel if the chairman is Counsel, National Science Foundation, a c t io n : Deferral of action; Initiation of a a full-time Federal employee. If the room 501,1800 G Street, NW., consensus process. chairman is not a full-time Federal Washington, DC 20550 (202) 357-9435. employee, then public participation will SUMMARY: The Commission is declaring be permitted at the chairman’s Dated: July 24,1991. a moratorium on the implementation of discretion with the approval of the full­ M. Rebecca Winkler, its July 3,1990, BRC Policy Statement time Federal employee in attendance at Committee Management Officer. and is initiating a consensus process to the meeting, in compliance with this [FR Doc. 91-17988 Filed 7-29-91; 8:45 am] provide advice to the Commission on guidance. BILUNQ CODE 7555-01-M the full range of issues related to the If you need special accommodations BRC Policy. due to a disability, please contact the FOR FURTHER INFORMATION CONTACT: Office of Special Constituencies, Office of Experimental Programs Francis X. Cameron, U.S. Nuclear National Endowment for the Arts, 1100 Proposal Review Panel, Meeting Regulatory Commission, Washington DC Pennsylvania Avenue, NW, 20055, (301>-492-1803. Washington, DC 20506, 202/682-5532, s u m m a r y : In accordance with the TTY 202/682-5496, at least seven (7) SUPPLEMENTARY INFORMATION: On July Federal Advisory Committee Act (Pub. 3,1990, the Commission published its days prior to the meeting. L. 92-463, as amended), the National Further information with reference to Below Regulatory Concern Policy Science Foundation announces the Statement (“BRC Policy”) in the Federal this meeting can be obtained from Ms. following meeting. Yvonne M. Sabine, Advisory Committee Register. The BRC Policy Statement Management Officer, National SUPPLEMENTARY INFORMATION: The established the framework within which Endowment for the Arts, Washington, purpose of the meeting is to review and the Commission will formulate rules or DC 20506, or call (202) 682-5433. evaluate and provide advice and make licensing decisions to exempt from some or all regulatory controls certain Yvonne M. Sabine, recommendations as part of the practices involving small quantities of Director, Council and Panel Operations, selection process for awards. Because National Endowment for the Arts. the proposals being reviewed include radioactive materials. The adoption of information of a proprietary or the policy resulted in widespread public [FR Doc. 91-17979 Filed 7-29-91; 8:45 am] concern over the implications of the new BILUNQ CODE 7537-01-M confidential nature, including technical information; financial data, such as Policy. In an effort to better understand salaries; and personal information the nature of these concerns, and to ensure that a BRC Policy be based on NATIONAL SCIENCE FOUNDATION concerning individuals associated with clear and comprehensive information, proposals, the meetings are closed to the the Commission decided to consider the Renewal; Antarctic Pollution Control public. These matters are within Task Group use of consensus-building techniques exemptions (4) and (6) of 5 U.S.C and evaluated the feasibility of using a Because the proposed Environmental 552b(c), Government in the Sunshine consensus process to address the issues Act has not yet been signed, it is A ct related to the BRC Policy. The necessary that the Antarctic Pollution Name: EPSCoR Final Review Panel evaluation was conducted through Control Task Group be extended to Dates: August 14-16,1991. interviews with a wide number of December 31,1991 to accommodate Times: 3:30 p.m.-9 p.m., August 14,1991; 8 groups across the various interests that more meetings. Therefore, the Assistant a.m.-9 p.m., August 15,1991; 8 a.m.-12 p.m., might be affected by the BRC Policy. Director for Geosciences has determined August 16,1991. On May 21,1991, the Commission was that the renewal of the Antarctic Place: New Hampshire Suites Hotel, 1121 briefed on the results of the feasibility Pollution Control Task Group is New Hampshire Avenue NW., Washington, evaluation (SECY-91-132). One of the necessary and in the public interest in DC 20037. principal findings of the feasibility connection with the performance of Type of Meeting: Closed. evaluation was that there was duties imposed upon the Director, Agenda: Review and evaluate proposals substantial support for a consensus­ National Science Foundation (NSF) by from fifteen states and the Commonwealth of building initiative on the BRC Policy 42 U.S.C. 1861 et seq. This determination Puerto Rico submitted to the EPSCoR issues. This support largely stemmed follows consultation with the Committee Advanced Development competition. from the dissatisfaction with the process Management Secretariat, General Contact: Dr. Richard J. Anderson, Program that the Commission used to develop the Services Administration. Manager, Office of Experimental Programs, BRC Policy. Most groups felt that they National Science Foundation, room 1228, NAME OF c o m m it t e e : Antarctic Pollution had little effective input to the Control Task Group. Washington, DC 20550 (202) 357-7560. development of the Policy. For example, Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices 36069 although the Commission solicited A primary recommendation contained issues related to waste disposal, comments from affected groups during in the feasibility evaluation was that it consumer products, recycling of the development of the Policy, it was was essential for the representatives of materials, and decontamination and unclear to these groups how their all affected interests, including decommissioning, as necessary and on a comments were ultimately addressed by environmental interests, to be included case-by-case basis, in the manner in the Commission. in the consensus process. Accordingly, which these issues were considered On June 28,1991, based on the the Commission will not continue to prior to the publication of the BRC findings and recommendations in the pursue the consensus process in any Policy Statement. Accordingly, the NRC feasibility evaluation, the Commission phase unless representatives of the full staff will continue to make licensing formally initiated a phased process for range of parties whb have demonstrated decisions involving exemptions or site seeking consensus on the full range of a major interest in the BRC Policy are decommissioning using existing rules, issues related to a BRC Policy. In willing to participate. In addition, the criteria, and practices. However, the connection with the implementation of Commission believes that before NRC staff will inform the Commission of this consensus process, the Commission proceeding to the Phase II Steering all significant or controversial actions of is declaring a moratorium on the Committee, there must be assurance that this type. The NRC staff will also implementation of its July 3,1990 BRC all parties who participate in the continue its development of the Policy, including the deferral of the consensus process will agree to defer technical bases for BRC-related actions consideration of any BRC petitions for litigative and legislative actions on BRC such as the development of residual rulemaking that seek BRC exemptions Policy issues during the duration of the contamination criteria. This information for generic waste streams on a national BRC consensus process. The need for will also prove useful to the consensus scale, such as those requested pursuant such a deferral is based on the body in its deliberations on BRC issues to 10 CFR part 2, appendix B. The Commission’s belief that, in order for such as the residual radioactivity Commission has established a target of the BRC consensus process to be fully rulemaking, and for any rulemaking December, 1992, as the date for effective, participants must have some proceedings which will resume at the completion of the BRC consensus assurance that their efforts will not be conclusion of the consensus process. vitiated by the pursuit of alternative process. Dated at Rockville, Maryland this 24th day The BRC consensus process will be actions and to ensure that the entire range of issues are considered in this of July 1991. implemented in three phases—(I) the For the Nuclear Regulatory Commission. convening of a “core group”, (II) the process. In fact, some groups vital to the creation of a Steering Committee, and success of the consensus process, Samuel J. Chilk, (III) the establishment of the plenary including the Commission, may be Secretary of the Commission. consensus body. Phase I involves the unwilling to commit resources to the [FR Doc. 91-17993 Filed 7-29-91; 8:45 amj convening of a "core group” of process without such an assurance. BILLING CODE 7590-01-U representatives from the highest levels Accordingly, a primary issue for of leadership in the interests affected by discussion by the Phase I core group the BRC Policy, including a must be a determination of what type of Commissioner of the Nuclear Regulatory deferral is necessary to provide such an OFFICE OF PERSONNEL Commission. The core group will assurance and whether core group MANAGEMENT provide the foundation for proceeding members and potential Steering Committee and plenary body members Request for Extension of SF-171,171- further with the BRC consensus process A, and 172 Submitted to OMB for and will focus on the general framework will agree to such ground rules. If of, and conditions on, the consensus agreement cannot be reached, the Clearance Commission will ask staff to initiate process. The work of the core group is to AGENCY: Office of Personnel be completed by October 31,1991. Phase rulemaking on a single topic, such as the Management. II involves the creation of a Steering establishment of residual contamination Committee, a larger group, again criteria, using a process that will go a c t io n : Notice. composed of representatives of the beyond the normal notice and comment s u m m a r y : In accordance with the groups affected by the BRC Policy. The rulemaking. This process will include the conduct of early scoping meetings Paperwork Reduction Act of 1980 (Title Steering Committee will develop the 44, U.S. Code, chapter 35), this notice preliminary agenda and ground rules for with all interested parties who are willing to participate. The objective of announces a proposed revision of forms the BRC consensus process and will which collect information from the issue the invitations to participate in the using this enhanced rulemaking process would be to fully ventilate the issues public. Standard Form 171, Application plenary consensus body. It is for Federal Employment, Standard Form anticipated that the Steering Committee and seek consensus on their resolution as a basis for proposed rules on BRC- 171-A, Continuation Sheet for SF171, will complete its work by March, 1992. and the Standard Form 172, Amendment Phase III will involve the convening of related topics. Parties to the consensus process to Application for Federal Employment- the plenary consensus body. The SF171, comprise the major applications plenary body will finalize die agenda should also recognize that the NRC will need to continue with those activities forms used by applicants for Federal and the ground rules for the BRC employment. OPM is responsible for consensus process and will proceed to that are necessary to provide adequate protection of the public health and open competitive examinations for discuss the various issues related to the admission to the competitive service, in BRC Policy, including the issue of the safety and the environment, particularly need for an overarching BRC Policy. The those activities concerned with the accordance with section 3302, title 5, United States Code. For copies of this deliberations of the plenary body will clean-up of contaminated sites in a take place over a nine to ten month timely manner. Therefore, although the proposal, call C. Ronald Trueworthy on period, with the ultimate objective being Commission is deferring implementation (703) 908-8550. the provision of advice to the of the BRC Policy, the Commission must DATES: Comments on this proposal Commission on BRC Policy issues. carry out its responsibilites to address should be received by August 19,1991. 36070 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices

ADDRESSES: Send or deliver comments Building, NW., room 3002, relating to the newly developed Order to: Washington, DC 20503. Support System. C. Ronald Trueworthy, Agency FOR FURTHER INFORMATION CONTACT: Despite this rule, which places the Clearance Officer, U.S. Office of Mary Beth Smith-Toomey, (202) 600- liability for any problems with the user Personnel Management, room CHP 0623. of the systems, the Exchange has made payments to members and member firms 500,1900 E Street, NW., Washington, U.S. Office of Personnel Management. DC 20415. to offset losses incurred as a result of Constance Berry Newman, Exchange systems’ errors or outages. and Director. Joseph Lackey, Information Desk These payments were initially made to [FR Doc. 91-18012 Filed 7-29-91; 8:45 am] Officer, Office of Information and encourage member firms to use Regulatory Affairs, Office of BILLING CODE 6325-01-M Exchange automated systems such as Management and Budget room 3002, the Order Routing System (“ORS"), the New Executive Office Building, Retail Automatic Execution System Washington, DC 20503. SECURITIES AND EXCHANGE (“RAES”), and the Electronic Book COMMISSION (“EB”) during their developmental FOR FURTHER INFORMATION CONTACT: stages. Laurence T. Lorenz, (202) 600-0980. [Rel. No. 34-29476; File No. SR-CBOE-91- The proposal will modify Exchange 19] U.S. Office of Personnel Management. Rule 6.7 to support the Exchange’s Constance Berry Newman, Seif-Regulatory Organizations; current practice of accepting liability Director. Chicago Board Options Exchange, under specific circumstances. The [FR Doc. 91-17950 Filed 7-29-01; 8:45 am] Inc.; Order Approving Proposed Rule proposal permits Exchange liability for BILLING CODE «325-01-M Change Relating to Limiting Exchange the losses resulting from an Exchange Liability Resulting From the Use by member’s transmission of custody of an Members of Exchange Automated unexecuted order to or through ORS, Request for Clearance of Form SF Systems RAES, EB, or to or through any other 2803 and SF 3108 automated facility of the Exchange On May 13,1991, the Chicago Board whereby the Exchange assumes AGENCY: Office of Personnel Options Exchange, Inc. (“CBOE” or responsibility for the transmission or Management. “Exchange”) submitted to the Securities execution of the order. Specifically, ACTION: Notice. and Exchange Commission provided that the Exchange has (“Commission"), pursuant to section acknowledged receipt of the order, the s u m m a r y : In accordance with the 19(b) of the Securities Exchange Act of proposal permits Exchange liability for Paperwork Reduction Act of 1980 (title 1934 (“Act”) 1 and rule 19b-4 the negligent acts or omissions of its 44, U.S. Code, chapter 35), this notice thereunder,2 a proposed rule change to employees or for the failure of its announces a request for clearance of an modify Exchange Rule 6.7 to provide for systems or facilities. The proposal, information collection. Forms SF 2803, a limitation on the Exchange’s liability however, limits such payments as Application to Make Deposit or for losses resulting from an Exchange follows: Redeposit (CSRS), and SF 3108, member’s transmission of custody of an (a) $100,000 as to any claim or series Application to Make Service Credit unexecuted order to or through the of claims made by a single member on a Payment for Civilian Service (FERS), are Exchange’s Order Routing System, single day; applications to make payment used by Electronic Book or Retail Automatic (b) $250,000 as to claims by all persons who are eligible to pay for Execution System, or to any other members on any single trading day; and Federal service which was not subject automated facility of the Exchange (c) $500,000 as to all claims, in to retirement deductions and/or for whereby the Exchange assumes aggregate, by all members in any Federal service which was subject to responsibility for the transmission or calendar month. retirement deductions which were execution of the order.3 The Exchange believes that these subsequently refunded to the applicant. The proposed rule change was limitations will allow the CBOE to Approximately 780 forms SF 2803 and published for comment in Securities continue to support its members and SF 3108 will be completed per year. Exchange Act Release No. 29258 (May member firms at the liability levels that Each form requires 30 minutes to fill out 30,1991), 56 FR 26171 (June 6,1991). No have been experienced since the The combined annual burden is 390 comments were received on the introduction of the automated systems. hours. proposed rule change. The Commission find3 that the For copies of this proposal, contact C. Currently, Exchange Rule 6.7 proposed rule change is consistent with Ronald Trueworthy, on (703) 908-8550. disclaims the CBOE’s liability to its the requirements of the Act and the DATES: Comments on this proposal members for losses arising out of the use rules and regulations thereunder should be received within 30 calendar of facilities or systems of the Exchange. applicable to a national securities days from the date of this publication. This rule was amended in 1978 to exchange, and, in particular, the ADDRESSES: Send or deliver comments specifically disclaim any liability requirements of Sections 6 and 11A of to- the Act.4 Specifically, the Commission C. Ronald Trueworthy, Agency 115 U.S.C. 78s(b) (1988). finds that the proposal is consistent with Clearance Officer, U.S. Office of * 17 CFR 24O.10b-4 (1890). section 6(b)(5) in that it fosters Personnel Management, 1900 E Street, 3 The term "transmission of custody of an order” cooperation and coordination with refers to the moment when an order actually enters persons engaging in processing NW., CHP 500, Washington, DC 20415 an automated facility of the Exchange. The and Exchange does not intend to accept liability for any information with respect to and Joseph Lackey, OPM Desk Officer, losses until the order enters the CBOE's facilities. facilitating transactions in securities by Conversation between Monica C. Michelizzi, Staff encouraging member firms to use Office of Information and Regulatory Attorney, Division of Market Regulation, SEC, and Affairs, Office of Management and Robert P. Ackermann, Vice President Legal Budget, New Executive Office Services, CBOE on july 23,1991. * 15 U.S.C. 78f(b)(5) (1988). Federal: Register ¡¡ Vol. 56*, No. 146 / Tuesday; folly 30, 1991 f Notice» 36071

Exchange automated systems. The which items have been prepared by that are irrelevant to them. The Commission also finds that the proposal DTC. The Commission is publishing this proposed fee will allow for equitable is consistent with sections llA(a)(l) (B) notice to solicit comments on the billing. If a participant does not order and (C)(i) of the Act in that the purpose proposed rule change from interested any notices, it will not be charged any of the development and implementation persons. fee for the duplication and distribution of LENS notices. If a participant elects of Exchange automated systems is to I. Self-Regulatory Organization’s improve the efficiency of the execution to order a notice, it will be charged $.25 Statement of the Terms of Substance of per impression ($.25 for each side of a of transactions in CBOE options through the Proposed Rule Change the use of new data processing and notice page copied). communications techniques. The On June 12,1991, the Commission Furthermore, the LENS menu sets Commission believes that encouraging issued an order approving DTC’a new forth the number of pages comprising member firms to use Exchange Legal Notice System (“LENS”),2 LENS each notice, so that participants will be automated systems will aid die enables DTC participants to order able to calculate the fee for the development and implementation of certain notices received by DTC horn a duplication of any notice before they these systems. menu on their Participant Terminal place an order. The Commission further believes that System (“FTS”) screens. DTC is tiling DTC has adopted the proposed rule the proposed limitation on liability is a herewith a twenty-five cent ($.25) per change pursuant to section 17A(b)(3)(D) reasonable exercise of the Exchange’s impression fee for documents ordered of the A ct which requires clearing discretion in determining to permit by participants under LENS. agencies to have rules that provide for Exchange liability in certain cases. The II. Self-Regulatory Organization’s the equitable allocation of fees for die Commission notes that Exchange rules Statement of the Purpose of, and services they provide to participants. presently disclaim all CBOE liability to Statutory Basis for, the Proposed Rule B. Self-Regulatory Organization’s its member for losses arising out of the Change use of Exchange facilities or systems. Statement on Burden on Competition In its tiling with the Commission; DTC Accordingly, since the CBOE’s proposal DTC does not believe that the will formalize the Exchange’s policy to included statements concerning the purpose of and basis for the proposed proposed rule change will impose any compensate CBOE members under burden on competition that is not certain circumstances for CBOE systems rule change and discussed any comments it received on the proposed necessary or appropriate in furtherance failures or errors, the proposed rule of the purposes of the Act. change will ensure that compensation rule change. The text of these be paid to members for certain systems’ statements may be examined at the C. Self-Regulatory Organization's failures or errors. places specified in Item IV below. DTC Statement on Comments on the It is therefore ordered, Pursuant to has prepared summaries, set forth in Proposed Rule Change Received From section 19(b)(2) of the Act,® that the Sections (Ah (B). and (C) below, of the Members, Participants or Others proposed rule change (SR-CBOE-91-19) most significant aspects of such statements. DTC has discussed the proposed rule is approved. change with and invited written For the Commission, by the Division at A. Self-Regulatory Organization’s comments from various participants. No Market Regulation, pursuant to delegated Statement of the Purpose of, and comments have been received. authority.6 Statutory Basis for, the Proposed Rule Dated: July 23,1991. Change III. Date of Effectiveness of the Margaret H. McFarland, Proposed Rule Change and liming for Deputy Secretary. DTC*s current notice distribution Commission Action system has become an enormous and [FR Doc. 91-17997 Filed 7-29-91; 8:45 am) expensive enterprise, requiring The foregoing rule change has become BILLING CODE 8020-01-M duplication and distribution of up to effective on tiling pursuant to section 850,000 copies per day. The expense for 19(b)(3)(A) of the Act and pursuant to [Rei. No. 34-29478; File No. SR-DTC-91-17] this is borne by DTC’s participants and rule 19bi-4(e) promulgated thereunder currently is paid for out of the because the proposed rule change Self-Regulatory Organizations; The participants’ general fee. A recent establishes or changes a due, fee, or Depository Trust Company; Notice o f survey revealed that most participants other charge imposed by DTC. At any Filing and Immediate Effectiveness of find that only a fraction of distributed time within sixty days of the tiling of Proposed Rule Change Relating to notices are of interest to them. such proposed rule change, the Fees for DTC*s Legal Notice System Participants asked DTC to create a Commission may summarily abrogate (“LENS”) system that would reduce the amount of such rule change if it appears to the notices that they receive. LENS was Commission that such action is July 23,1991. developed to allow participants to necessary or appropriate in the public Pursuant to section 19(b)(1) of the prescreen and to order from a menu on interest, for the protection of investors, Securities Exchange Act of 1934 their PTS screens certain notices (which or otherwise in furtherance of the (“Act”) ,1 notice is hereby given that on may relate to bankruptcies, class purposes of the Act. June 21,1991, The Depository Trust actions, and default and performance IV. Solicitation of Comments Company (“DTC") filed with the histories of asset-backed securities thpt Securities and Exchange Commission DTC receives and chooses to make Interested persons are invited tc (“Commission”) the proposed rule available to participants via LENS), so submit written data, views, and change (File No. SR-DTC-91-17) as that participants can avoid receiving arguments concerning the foregoing. described in Items L U, and III below. and, ultimately, paying for the Persons making written submissions duplication and distribution of notices should tile six copies thereof with the * 15 U.S.C. 788(b)(2) (1988}. Secretary, Securities and Exchange * 17 CFR 200.30-3(a)(12) (1990). 2 Securities Exchange Act Release No. 29291 (June Commission, 450 Fifth Street, NW„ ‘ 15 IT.S.C. 788(b)(1). 12,1991), 56 FR 28190 [File No. SR-DTC-91-08J. Washington, DC 20549. Copies of the 36072 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices submission, all subsequent amendments, an order to sell will move with changes principles of trade, facilitate all written statements with respect to in the offer. The order, however, will not transactions in securities, and protect the proposed rule change that are filed trade beyond the undisclosed limit price. investors and the public interest. with the Commission, and all written If the disclosed bid (or offer) price B. Self-Regulatory Organization’s communications relating to the proposed reaches the undisclosed limit price of a Statement on Burden on Competition rule change between the Commission discretionary market order, the order is and any person, other than those that converted to a regular limit price order. The proposed change does not impose may be withheld from the public in In addition, if the quotation spread any burden on competition that is not accordance with the provisions of 5 narrows to a half-point or less, a necessary or appropriate in furtherance U.S.C. 552, will be available for discretionary market order within the of the purposes of the Act. inspection and copying in the quotation is either executed or C. Self-Regulatory Organization’s converted to a regular limit price order. Commission’s Public Reference Section, Statement on Comments on the 450 Fifth Street, NW., Washington, DC Under existing NYSE interpretations, ABS users currently may enter Proposed Rule Change Received From 20549. Copies of such filing will also be Members, Participants, or Others available for inspection and copying at discretionary market orders into their the principal office of DTC. All ABS terminals. The NYSE proposes to The NYSE has not solicited, and does submissions should refer to File No. SR- redesign the ABS system so that it will not intend to solicit, comments on the DTC-91-17 and should be submitted by accept only limit orders, and will no proposed rule change. However, during August 20,1991. longer accept discretionary market the NYSE’s review of ABS trading orders. For the Commission, by the Division of procedures, the NYSE received the Market Regulation, pursuant to delegated II. Self-Regulatory Organization’s endorsement of a significant number of authority.* Statement of the Purpose of, and ABS user firms to discontinue the Margaret H. McFarland, Statutory Basis for, the Proposed Rule discretionary market order in the ABS Deputy Secretary. Change system. [FR Doc. 91-18000 Filed 7-29-91; 8:45 am] In its filing with the Commission, the III. Date of Effectiveness of the BILLING CODE #010-01-»! self-regulatory organization included Proposed Rule Change and Timing for statements concerning the purpose of, Commission Action [Rei. No. 34-29474; No. SR-NYSE-91-23] and basis for, the proposed rule change Within 35 days of the date of and discussed any comments it received publication of this notice in the Federal Self-Regulatory Organizations; Notice on the proposed rule change. The text of Register or within such longer period (i) of Proposed Rule Change by New York these statements may be examined at as the Commission may designate up to Stock Exchange, Inc. Relating to the the places specified in Item IV below. 90 days of such date if it finds such Discontinuance of the Use of The self-regulatory organization has longer period to be appropriate and Discretionary Market Orders in the prepared summaries, set forth in publishes its reasons for so finding, or Exchange’s Automated Bond System sections (A), (B), and (C) below, of the (ii) as to which the self-regulatory most significant aspects of such organization consents, the Commission Pursuant to section 19(b)(1) of the statements. Securities Exchange Act of 1934 (“Act”), will: 15 U.S.C. 78s(b)(l), notice is hereby A. Self-Regulatory Organization's (A) by order approve the proposed given that on July 8,1991, the New York Statement of the Purpose of, and rule change, or Stock Exchange, Inc. (“NYSE” or Statutory Basis for, the Proposed Rule (B) institute proceedings to determine “Exchange”) filed with the Securities Change whether the proposed rule change and Exchange Commission (a) Purpose—The NYSE introduced should be disapproved. (“Commission”) the proposed rule ABS on a pilot basis in 1976, with an TV. Solicitation of Comments change as described in Items I, II, and III initial capability to trade limit orders below, which Items have been prepared only. ABS became fully operational in Interested persons are invited to by the self-regulatory organization. The 1977, and at that time the NYSE submit written data, views and Commission is publishing this notice to introduced the discretionary market arguments concerning the foregoing. solicit comments on the proposed rule order to ABS in an effort to offer ABS Persons making written submissions change from interested persons. users greater flexibility. The NYSE should file six copies thereof with the Secretary, Securities and Exchange I. Self-Regulatory Organization’s currently is in the process of redesigning its ABS system. In connection with that Commission, 450 Fifth Street, NW., Statement of the Terms of Substance of Washington, DC 20549. Copies of the the Proposed Rule Change effort, the NYSE has reviewed ABS trading procedures, including the use of submission, all subsequent amendments, The NYSE proposes to discontinue the discretionary market orders. The NYSE all written statements with respect to acceptance of discretionary market has found that ABS users rarely use the proposed rule change that are filed orders by the Exchange’s Automated discretionary market orders. Indeed, a with the Commission, and all written Bond System (“ABS"). significant number of ABS user firms communications relating to the proposed A discretionary market order is an have endorsed the discontinuance of the rule change between the Commission order, unique to the ABS system, that is use of the order. and any persons, other than those that eligible to trade at the current market (b) Basis—The proposed change is may be withheld from the public in price but that also has an undisclosed consistent with the requirements of the accordance with the provisions of 5 limit price. A discretionary market order Act and the rules and regulations U.S.C. 552, will be available for moves up or down with the quotation as thereunder applicable to the NYSE, and, inspection and copying in the the quotation changes. An order to buy in particular, farthers the objectives of Commission’s Public Reference Section, will move with changes in the bid and section 6(b)(5) which provides in 450 Fifth Street, NW., Washington, DC pertinent part, that the rules of the 20549. Copies of such filing will also be • 17 CFR 200.30~3(a)(12). Exchange promote just and equitable available for inspection and copying at Federal Register / Vol. 56* No. 146 / Tuesday, July 30, 1991 / Notices 36073 the principal office of the NYSE. All most significant aspects of such (C) Self-Regulatory Organization’s submissions should refer to File No. SR- statements. Statement on Comments on the NYSE-91-23 and should be submitted by Proposed Rule Change Received From August 20,1991. (A) Self-Regulatory Organization’s Members, Participants or Others Statement of the Purpose of and For the Commission, by the Division of Statutory Basis for, the Proposed Rule The Options Listing Committee, a Market Regulation, pursuant to delegated standing committee of the PSE authority. Change comprised of members and Currendy, Exchange Rule 3.6 Dated: July 23,1991. representatives of member firms, has establishes the standards that Margaret H. McFarland, endorsed the proposed rule change. Deputy Secretary. underlying securities must satisfy m [FR Doc. 91-17999 Filed 7-29-91; 8:45 am] order to be eligible to underlie PSE- III. Date of Effectiveness of the BILLING CODE 8010-01-M traded options. Exchange Rule 3.7 Proposed Rule Change and Timing for allows die Exchange to withdraw Commission Action approval of an underlying security if the The foregoing rule change constitutes [Rel. No. 34-29477; File No. SR-PSE-91-24J underlying security fads to meet or to maintain any one of the PSE’s a stated policy; practice or Seif-Regulatory Organizations; Notice requirements necessary to maintain interpretation with respect to the of Filing and Immediate Effectiveness such approval. Specifically, administration of an existing PSE rule m of Proposed Rule Change by the Commentary .01 to Exchange Rule 3.7 that if codifies the PSE practice of Pacific Stock Exchange, Inc* Relating sets forth the maintenance standards delisting an option for reasons related to to Withdrawal of Approval of that an underlying security must satisfy a bona fid e business judgment. Underlying Securities in order to remain eligible for options Accordingly, the proposal has become trading. The PSE proposes to amend effective pursuant to section 19(b)(3)(A) Pursuant to section 19(b)(1) of the Exchange Ride 3.7 to allow the of the Act and subparagraph (ej of rule Securities Exchange Act of 1934 ("Act”), Exchange to withdraw approval of an 19b-4 thereunder. At any time within 60 15 U.S.C. 78s(b)(l), notice is hereby underlying security for any reason it days of the filing of suGh proposed rule given that oír July 17,1991, the Pacific deems necessary. Thus, although an change, the Commission may summarily Stock Exchange, Inc. (“PSE” or underlying security may satisfy die abrogate such rule change if it appears "Exchange”) filed with the Securities maintenance standards set forth in to the Commission that such action is and Exchange Commission ("SEC’ or Commentary .01 to Exchange Rule 3.7, necessary or appropriate in the public "Commission”) the proposed rule the proposed rule change wid permit the interest for the protection of investors, change as described in Items I, II and III below, which Items have been prepared PSE to withdraw approval of an or otherwise in furtherance of the by the self-regulatory organization. The underlying security for reasons other purposes of the Act. than a failure to satisfy the Exchange’s Commission is publishing this notice to IV. Solicitation of Comments solicit comments on the proposed rule' options maintenance standards. The change from interested persons. proposed amendment, which is an Interested persons are invited to explicit statement of the PSE’s policy submit written data,, views and I. Self-Regulatory Organization’s and practice with respect to the arguments concerning the foregoing. Statement of the Terms of Substance of administration of its listing standards Persons making written submissions the Proposed Rule Change rules, will conform the PSE’s written should fife six copies thereof with the The PSE proposes to amend Exchange rules to die rules of the American Stock Secretary, Securities and Exchange Rule 3.7 to allow the Exchange to Exchange ("Amex"), the Chicago Board Commission, 450 Fifth Street, NW.„ withdraw approval of an underlying Options Exchange (“GBOE”), the New Washington, DC 20549. Copies of the security for options trading for any York Stock Exchange ("NYSE”), and the submission, all subsequent amendments;, reason the Exchange deems necessary. Philadelphia Stock Exchange ("PHLX”), all written statements with respect to This revision will conform the PSE’a rule which allow those exchanges to the proposed rule change that are filed to those of other self-regulatory withdraw approval of underlying with the Commission, and all written organizations. The text of the proposed securities for reasons other than a communications relating to the proposed rule change is. available at the Office of failure to satisfy the exchange's rule change between die Commission the Secretary, PSE and at the respective options listing maintenance and any person, other than those that Commission. standards.1 may be withheld from the public in The PSE beHeves that die proposed accordance with the provisions of 5 II. Self-Regulatory Organization’s rule change is consistent with section Statement of the Purpose of, and U.S.C. 552, will be available for 6(b) of the Act in general, and furthers inspection and copying, at the Statutory Basis for, die Proposed Rule the objectives of section 6(b)(5); in Change Commission’s Public Reference Section, particular, in that if promotes jiist and 456 Fifth Street, NW., Washington, DC. equitable principles of trade. In its filing with the Commission, the Copies of such filing will also be self-regulatory organization included (By Self-Regulatory Organization’s available for inspection and copying at statements concerning die purpose of Statement an Burden on Competition the principal office of the above- and basis for die proposed rulé change mentioned self-regulatory organization. The Exchange does not believe that and discussed any comments it received All submissions should refer to the file on the proposed rule change. The text of the proposed rule change will impose these statements may be examined at any inappropriate burden on number in the caption above and should the places specified in Item IV below. competition. be submitted by August 20,1991. The self-regulatory organization has For the Commission, by the Division of. prepared summaries, set forth in 1 See Amex Rule 81«, CBOE Rule 5.4, NYSE Rule Market Regulation, pursuant to delegated sections (A), (B), and (C) below, of the 716, and PHLX Rule 1010.. authority. 36074 Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices

Dated: July 23,1S91. 12(f)(1)(B) of the Securities Exchange limited trading activity in the Units, the Margaret H. McFarland, Act of 1934 and Rule 12f-l thereunder lack of public interest in the Partnership, Deputy Secretary. for unlisted trading privileges in the the limited number of registered holders [FR Doc. 91-17988 Filed 7-29-91; 8:45 am] following securities: of Units and the fact that approximately BILLING CODE 8010-01-M Exel Limited 65% of the Units are owned by officers Ordinary Shares, $0.01 Par Value [File No. and directors of the Managing General 7-7107) Partner or companies or entities Self-Regulatory Organizations; Enquirer/Star Group, Inc. affiliated with such persons. Applications for Unlisted Trading Common Stock, $0.01 Par Value (File No. 7- Any interested person may, on or 7108) Privileges and of Opportunity for before August 14,1991, submit by letter These securities are listed and to the Secretary of the Commission, 450 Hearing; Pacific Stock Exchange, registered on one or more of the other Incorporated Fifth Street NW., Washington, DC 20549, national securities exchanges and are facts bearing upon whether the July 24,1991. reported in the consolidated transaction application has been made in The above named national securities reporting system. accordance with the rules of the exchange has filed applications with the Interested persons are invited to Exchanges and what terms, if any, Securities and Exchange Commission submit on or before August 14,1991, should be imposed by the Commission ("Commission”) pursuant to section written data, views and arguments concerning the above-referenced for the protection of investors. The 12(f)(1)(B) of the Securities Exchange Commission, based on the information Act of 1934 and Rule 12f-l thereunder application. Persons desiring to make written comments should file three submitted to it, will issue an order for unlisted trading privileges in the granting the application after the date following security; copies thereof with the Secretary of the Securities and Exchange Commission, mentioned above, unless the Telecom Corporation of New Zealand Ltd. 450 5th Street NW., Washington, DC Commission determines to order a American Depositary Shares (File No. 7- hearing on the matter. 7109) 20549. Following this opportunity for hearing, the Commission will approve For the Commission, by the Division of This security is listed and registered the application if it finds, based upon all Market Regulations, pursuant to delegated on one or more other national securities the information available to it, that the authority. exchange and are reported in the extensions of unlisted trading privileges Jonathan G. Katz, consolidated transaction reporting pursuant to such applications are Secretary. system. consistent with the maintenance of fair [FR Doc. 91-17900 Filed 7-29-91; 8:45 am) Interested persons are invited to and orderly markets and the protection BILLING CODE 8010-01-M submit on or before August 14,1991, of investors. written data, views and arguments concerning the above-referenced For the Commission, by the Division of Market Regulation, pursuant to delegated Issuer Delisting; Application To application. Persons desiring to make authority. Withdraw From Listing and written comments should file three Jonathan G. Katz, Registration; the Tlmberland copies thereof with the Secretary of the Secretary. Company, Class A Common Stock, Securities and Exchange Commission, $0.01 Par Value (File No. 1-9548) 450 5th Street NW, Washington, DC [FR Doc. 91-17959 Filed 7-29-91; 8:45 am] 20549. Following this opportunity for BILLING CODE 8010-01-M July 24,1991. hearing, the Commission will approve The Timberland Company (“Company") has filed an application the application if it finds, based upon all Issuer Delisting; Application To the information available to it, that the with the Securities and Exchange Withdraw From Listing and Commission (“Commission”) pursuant extensions of unlisted trading privileges Registration; Gould Investors L.P., pursuant to such applications are to section 12(d) of the Securities Limited Partnership Units (File No. 1- Exchange Act of 1934 and Rule 12d2- consistent with the maintenance of fair 9126) and orderly markets and the protection 2(d) promulgated thereunder to of investors. July 24,1991. withdraw the above specified security For the Commission, by the Division of Gould Investors L.P. (“Partnership”) from listing and registration on the Market Regulation, pursuant to delegated has filed an application with the American Stock Exchange, Inc. authority. Securities and Exchange Commission (“Amex”). Jonathan G. Katz, (“Commission”) pursuant to section The reasons alleged in the application Secretary. 12(d) of the Securities Exchange Act of for withdrawing this security from listing and registration include the [FR Doc. 91-17958 Filed 7-29-91; 8:45 am) 1934 and Rule 12d2-2(d) promulgated following: BILLING CODE 8010-01-M thereunder to withdraw the above specified security from listing and Effective at the opening of business on registration on the American Stock June 10,1991, the Company’s Class A Self-Regulatory Organizations; Exchange, Inc. (“Amex”). Common Stock ("Common Stock”) Applications for Unlisted Trading The reasons alleged in the application commenced trading on the New York Privileges and of Opportunity for for withdrawing this security from Stock Exchange (“NYSE"). In making Hearing; Philadelphia Stock Exchange, listing and registration include the the decision to withdraw its Common Incorporated following: Stock from listing on the Amex, the In making the decision to withdraw its Company considered the direct and July 24,1991. Limited Partnership Units (“Units”) from indirect costs and expenses attendant The above named national securities listing on the Amex, the Partnership on maintaining the dual listing of its exchange has filed applications with the considered the direct and indirect costs Common Stock on the NYSE and Amex. Securities and Exchange Commission of expenses attendant on maintaining The Company does not see any ("Commission") pursuant to section the listing of its Units on the Amex, the particular advantage in the dual trading Federal Register / Vol. 56, No. 146 / Tuesday, July 30, 1991 / Notices 36075 of its Common Stock and believes that buckles that could release with less than program of child restraint systems dual listing would fragment the market nine pounds of pressure [e.g., eight manufactured by the petitioner and for its Common Stock. pounds) were incorporated in Gerry other companies. NHTSA conducted Any interested person may, on or Guardian car seats manufactured tests on five of petitioner’s Gerry before August 14,1991, submit by letter between January 31,1990 and May 3, Guardian child restraint systems to the Secretary of the Commission, 450 1990. Takata-Gerico supported its (agency file NCI 3149). With respect to Fifth Street, NW„ Washington, DC petition for inconsequential the 9-pound requirement, one of the 20549, facts bearing upon whether the noncompliance on the basis of the child restraint buckles released at 7.0 application has been made in results of the Yellowstone pounds, three at 8.0 pounds, and one accordance with the rules of the Environmental Science study entitled passed at 9.0 pounds. The agency Exchanges aiid what terms, if any, Cognitive Skill Based Child-Resistant terminated its investigation when the should be imposed by the Commission Safety Belt Buckle (March 1990). It petitioner made a determination that the for the protection of investors. The claimed that this study concluded that seats failed to comply, and filed a Commission, based on the information the “ideal” minimum release tension Noncompliance Report, as required by submitted to it, will issue an order should be five pounds, and the escaping 49 CFR part 573. granting the application after the date child problem is better solved by Petitioner’s basic argument is that the mentioned above, unless the providing a more comfortable and better Yellowstone study, completed in 1990, Commission determines to order a designed seat and buckle assembly. concluded that the ideal minimum hearing on the matter. These findings were based on the release tension should be 5 pounds, as following: For the Commission, by the Division of contrasted with the 9-pound minimum Market Regulation, pursuant to delegated 1. Alleged excessive force specified by Standard No. 213. NHTSA authority. requirements, such as those required disagrees with this argument. The under Standard 213, can “impede” Jonathan G. Katz, agency established its minimum as a rescue in an emergency situation, (p. 79) means of assurance that children under Secretary. 2. The upper limit of thumb [FR Doc. 91-17961 Filed 7-29-91; 8:45 am] the age of 4 years would not be able to opposability strength of a child from two unbuckle the release mechanism. This BILLING CODE 8010-01-M to four years old is forty pounds, (p. 45) value was supported by the “Child (Takata-Gerico stated that studies show Restraint Systems” study conducted by that children under three years of age DEPARTMENT OF TRANSPORTATION Peter W. Amberg in 1975 for the are likely to use the Guardian car seat National Swedish Road and Traffic and children in this age group are Research Institute, which showed that National Highway Traffic Safety physically incapable of releasing a belt Administration approximately 50 percent of children buckle at seven pounds.) aged 3Va to 4 years could release a [Docket No. 90-13-IP-No. 2] 3. A study of 1500 children, whose car buckle with 8.3 pounds of pressure. seat habits were studied, revealed that Furthermore, the conclusions derived Takata-Gerico Corp.; Denial of Petition children escape from seats through means other than releasing the belt from the Yellowstone Study must be for Determination of Inconsequential viewed in terms of the objective of the Noncompliance buckle (p. 16). 4. A car seat design in which the child study. That objective was to establish This notice denies the petition by is denied access to the car seat buckle is criteria for an ideal child seat. One such Takata-Gerico Corporation, of Denver, more important in ensuring that the criterion derived was a buckle release Colorado, to be exempted from the child remains restrained while in the car pressure of 5 pounds when the release notification and remedy requirements of seat than the pounds of pressure needed strategy for unbuckling the seat is based the National Traffic and Motor Vehicle to release the belt buckle (p. 46). [In the on cognitive skills. However, since Safety Act (15 U.S.C. 1381 e t seg.) for an Yellowstone study, a car seat was used emergency situations require release apparent noncompliance with 49 CFR which had the belt buckle located in the strategies familiar to all people, a 571.213, Federal Motor Vehicle Safety same position as the Guardian belt release approach based on cognitive Standard No. 213, Child Restraint buckle. The study revealed that the skills is not acceptable as a basis for Systems. The basis of the petition was position of these belt buckles resulted in this regulation. that the noncompliance is children rarely releasing the car safety Petitioner also stated that its data inconsequential as it relates to motor seat harness buckle.) showed that children under the age of 3 vehicle safety. 5. Push-button buckle release years are likely to use the seat, and that Notice of receipt of the petition was mechanisms with force requirements children of this age are physically published on July 10,1990, and an less than nine pounds were acceptable incapable of releasing a belt buckle at 7 opportunity afforded for comment (55 FR to parents (p. 32). pounds. However, the agency notes that 28341). 6. An excessive force requirement is the instructions for the seat state that it Paragraph S5.4.3.5 Buckle Release of above the strength abilities of older is suitable for a child who weighs up to Standard No. 213 states in pertinent part people, e.g., grandparents, thus 40 pounds. According to the Highway that; discouraging or making impossible the Safety Research Institute s study titled "Any buckle in a child restraint system belt use of child car seats by the older Anthropometry of Infants, Children, and assembly designed to restrain a child using persons, (p. 37, and p. 45, stating that the Youths to Age 18 for Product Safety the system shall: (a) When tested in lower limit of thumb opposability Design, the mean weight of children accordance with S8.2.1 prior to the dynamic strength of 61 to 94 year olds is thirteen ages 3% to 4 Yz years is 35.64 pounds test of S6.1, not release when a force of less pounds). with a standard deviation of mean of than nine pounds is applied and shall release No comments were received on the 4.62 pounds. Therefore, the seat is when a force of not more than 14 pounds is petition. designed for children whose ability to applied.” The noncompliance that is the subject exert force on the release buckle The Takata-Gerico Corporation of the petition was confirmed by exceeds the 8-pound average believes that approximately 26,257 NHTSA in the course of its FY90 testing experienced in NHTSA’s testing, but 36076 ¿Federal Register fj Vdl. 56, No. 146 // Tuesday, JJiily ^Q, 1991 //)Notices does not reach* the 9-pound minimum , difficulty in releasing a buckle'that years willeitherinadvertently or imposed by Standard No. 2l3. provides a minimum release tension of .9 deliberately release the'buckle. Notwithstanding Petitioner’s pounds. For the foregoing reasons, Petitioner reservations, 9 pounds of force is not Petitioner also argued that children has not met its burden of persuasion excessive, and will not impede rescue of escapefrom car seats through means that the noncompliance herein described a restrained child in an emergency by other than releasing the belt buckle. The isinconsequentidl as itTelates tomator either the child’s mother or its whole point of the child restraint vehicle safety, and its petition is ileiiied. grandparents. The Amberg study standard is that children are best showed that all of the adult .women protected by being properlytrestrained Authority: 15 U.S.C. 1417; delegation of surveyed could operate buckle releases in their child seats. If a child has been authority, at 49 CFR 1,50 and 49-GFR 501.8. of up to 11.25 pounds force with; only properly restrained according to the Issued; on JuJy 24,1991. one hand. The Yellowstone Study manufacturer’s instructions,; (s)he ought Stanley R. Schemer, referred to by Petitioner demonstrated not: be able to escape from a car seat Acting Associate Administratorfor that* the lower thumb opposability unless the buckle is released. Rulemaking. strength of people 61'to 94 years of age Maintenance and enforcement of the 9- [FR Doc. 91-17962 Filed 7-29-91; 8r45 arri] is 13; pounds. Thus, neither mothers nor pound minimum reduces the likelihood grandparents shoitld experience that a child whose age islessthan 4 BILLING CODE 4910-50-11 Sunshine Act Meetings Federal Register Vol. 56, No. 146

Tuesday, July 30, 1991

This section of the FEDERAL REGISTER Policy and Rules (MM Docket No. 87-8). TIME AND DATE: 10:00 a.m., Thursday, contains notices of meetings published Summary: The Commission will consider August 1,1991. adoption of a Second Further Notice of under the “Government in the Sunshine PLACE: Room 600,1730 K Street NW., Act” (Pub. L. 94-409) 5 U.S.C, 552b(e)(3). Proposed Rule Making to examine the relationship between satellite status and Washington, DC. the nationwide multiple ownership rule. STATUS: Open. U.S. CONSUMER PRODUCT SAFETY 3— Mass Media—Title: Policies and Rules MATTERS TO BE CONSIDERED: The COMMISSION Concerning Children’s Television Programming; Revision of Programming Commission will consider and act upon TIME AND d a t e : 10:00 a.m., Wednesday, and Commercialization Policies, the following: July 31,1991. Ascertainment Requirements, and Program 1. Westmoreland Coal Company, Docket LOCATION: Room 556, Westwood Log Requirements for Commercial Towers, 5401 Westbard Avenue, Television Stations (MM Docket Nos. 90- No. VA 90-28. (Issues include whether the Bethesda, Maryland. 570 and 83-670). Summary: The judge erred in finding that Westmoreland Commission will consider petitions for violated 30 CFR § 75.1003 and that the STATUS: Open to the Public. reconsideration of the Report and Order, 6 violation was of a significant and substantial m a t t e r s TO BE c o n s id e r e d : Bicycle FCC Red 2111 (1991), in this proceeding. nature.) Helmet Petition CP 90-1. 4— Common Carrier—Title: Provision of The Commission will consider petition Access for 800 Service (CC Docket No. 88- Any person attending this meeting CP 90-1 from the Consumer Federation 10). Summary: The Commission will who requires special accessibility of America and other member consider Petitions for Reconsideration of a features and/or auxiliary aids, such as organizations of the National Safe Kids Report and Order regarding the sign language interpreters, must inform Coalition which requests that the implementation of data base access for 800 the Commission in advance of those Commission set mandatory safety service. needs. Subject to 29 CFR 2706.150(a)(3) standards for bicycle helmets for 5— Common Carrier—Title: MTS and WATS and 2706.160(d). childen and adults. Market Structure (CC Docket No. 78-72, Phase I). Summary: The Commission will CONTACT PERSON FOR MORE For a Recorded Message Containing the consider local transport rate structure and INFORMATION: Jean Ellen, (202) 653- Latest Agenda Information, Call (301) pricing issues. 5629/(202) 708-9300 for TDD Relay 1- 492-5709. 6— Common Carrier—Title: Competition in 800-877-8339 (Toll Free). the Interstate Interexchange Marketplace CONTACT PERSON FOR ADDITIONAL Jean H. Ellen, information : Sheldon D. Butts, Office (CC Docket No. 90-132). Summary: The of the Secretary, 5401 Westbard Ave., Commission will consider adoption of a Agenda Clerk. Bethesda, Md. 20207 (301) 492-6800. Report and Order concerning the level of [FR Doc. 91-18169 Filed 7-26-91; 3:13 pm] competition in the interstate interexchange BILLING CODE 6735-01-M Dated: July 24,1991. marketplace and adapting its regulatory Sheldon D. Butts, policies to reflect this competition. Deputy Secretary. 7— Common Carrier—Title: Investigation of UNITED STATES INTERNATIONAL TRADE [FR Doc. 91-18143 Filed 7-26-91; 2:18 pm] AT&T Communications Tariff F.C.C. No. COMMISSION 15, Transmittal No. 1854, Competitive [USITC SE-91-23] BILLING CODE 6355-01-M Pricing Plan No. 2, Resort Condominiums International, Inc. (CC Docket No. 90-11). TIME AND DATE: Thursday, August 8, FEDERAL COMMUNICATIONS COMMISSION Summary: The Commission will consider 1991 at 10:30 a.m. adoption of a Memorandum Opinion and July 25,1991. p l a c e : Room 101, 500 E Street SW., Order which terminates the investigation of FCC To Hold Open Commission this tariff transmittal. Washington, DC 20436. Meeting, Thursday, August 1,1991 STATUS: Open to the public. This meeting may be continued the The Federal Communications MATTERS TO BE CONSIDERED: Commission will hold an Open Meeting following work day to allow the on the subjects listed below on Commission to complete appropriate 1. Agenda for future meetings. Thursday, August 1,1991, which is action. 2. Minutes. scheduled to commence at 9:30 a.m., in Additional information concerning 3. Ratifications. Room 856, at 1919 M Street NW., this meeting may be obtained from 4. Petitions and complaints. Washington, DC. Steve Svab, Office of Public Affairs, 5. Inv. 731-TA-524 (Preliminary) (Steel telephone number (202) 632-5050. Wire Rope from Canada)—briefing and vote. Item No.. Bureau and Subject 6. Inv. 731-TA-478 and 479 (Final) (Steel Issued: July 25,1991. 1— Mass Media—Title: Remand from the U.S. Wire Rope from Argentina and Mexico)— Federal Communications Commission. Court of Appeals (D.C. Cir.) of King briefing and vote. Broadcasting Company, Inc. v. FCC. William F. Caton, 7. Inv. 731-TA-483 (Final) (Certain Summary: The Commission will consider a Acting Secretary. Personal Word Processors from Japan)— ruling that programming proposed by King [FR Doc. 91-18062 Filed 7-28-91; 10:28 am] Broadcasting for coverage of 1988 briefing and vote. Presidential campaign is not exempt as BILLING CODE 6712-01-«* 8. Any items left over from previous bona fide news from the equal agenda. opportunities provision of section 315 of the FEDERAL MINE SAFETY AND HEALTH CONTACT PERSON FOR MORE Communications Act. REVIEW COMMISSION 2— Mass Media—Title: In the Matter of INFORMATION: Kenneth R. Mason, Television Satellite Stations; Review of July 25,1991. Secretary, (202) 208-2000. 36078 Federal Register / Vol 56, No. 146 / Tuesday, July 30, 1991 / Sunshine Act Meetings

Dated: July 26,1991. PLACE: Commissioners’ Conference 11:3ft amo. Affirmation/Discussion and Vote (Public Kenneth R. Mason, Room, 11555 Rockville Pike, Rockville, Meeting (if needed) Secretary. Maryland. [FR Doc. 91-18126 Filed7-26-91; 2:17 pm] STATUS: Open and Closed. Week of August 19—Tentative BILLING CODE 7020-02-M .MATTERS TO BE CONSIDERED: Wednesday, August 21 Friday,-July 26 10:00 a.m. INTERSTATE COMMERCE COMMISSION 10:00 a.m. Briefing by NUMARC on Program for Commission Conference Briefing by NRC Staff on Inspections, Tests, Analyses, and T IM E a n d d a t e : 10:00 e.m., Tuesday, Recommendations: Regarding* Yankee -Criteria' (TFAAC) for Advanced Reactors August 6,1991. Rowe Pressure Vessel Embrittlement (Public Meeting) Issues (Public Meeting) 11:30 a.m. PLACE: Hearing Room A, Interstate 11:30 a.m. Affirmation/Discussion and Vote (Public Commerce Commisison, 12th & Consideration of Commission's Options'in Meeting (if needed) Constitution Avenue NW„ Washington, .Yankee.Rowe Matters (Closed—Ex. 10) 2:0ft p.m. DC. 20423. Week of July 29 Briefing by NRC Staff on International STATUS: The Commission will meet to Programs (Public Meeting) discuss among themselves the following Tuesday, iJuly 30 agenda items. Although'the conference 10:00 a.m. ADDITIONAL INFORMATION: By a vote of is open-for the; public observation,mo Briefing on lntemational Nuclear Reactor 4-0 on July 25, the Commission public participation is permitted. Safety (Closed—Æx. 1) determined pursuant to U.SiC. 552bfe) Wednesday Jiily 31 and Sec. 9.107(a) of the Commission’s MATTERS TO BE DISCUSSED: rules that “Affirmation of Response to Finance Docket No. 31700, Canadian 1:30 pp.m. - Affirmation/Discussion and-Vote (Public (Emergency Motion for Stay on.Behalf of Pacific Limited, et al.—-Purchase and Related Shoreham Petitioners” (Public Meeting), Trackage Rights—Delaware BnHudson Meeting) . a. Commission Decision Regarding Yankee be held on1 July 25, and on less than one Railway Company-Finance Docket No. 31805, Canadian Pacific Limited and D&H Rowe Reactor «Vessel (Tentative) week’s* notice .to the public. Corporation—Trackage Rights Exemption— Thursday, August 1 Note: Affirmation sessions are initially Consolidated Rail Corporation. scheduled and announced to the publiaon a DocketNo. AB-308 (Sub-No.*!), Central 4:00 p.m. Affirmation/Discussion and' Vote (Public time-reserved* basis. Supplementary notice- is Michigan Railway Company— provided in accordance with the' Sunshine Abandonment—-East of Ionia To-West of ’.Meeting)'(If needed) Act as specific, items are identified and added Owosso—In Michigan. Week ofAugustS—Tentative Docket No. AB-6 (Sub-No. 332), Burlington to the meeting agenda.: If there isno specific Northern Railroad Company— Monday,. AugusL5 subject listed for affirmation, this means that Abandonment—In Otoe Nemaha Counties, 10:00 a.m. no item has as. yet been identified as Nebraska. Briefing on AEOD Programs (Public requiring any Commission vote on this date. .Meeting) CONTACT PERSON FOR MORE To Verify the Status of Meetings Call llS k u a . information :, AJDenriis Watson, JDffiee Affirmation/Discussion and Vote (Public (Recording)—(301) 492-0292. of External Affairs, Telephone: (202) Meeting). (if needed) 275-7252, TDD: (202) 275-1721. CONTACT PERSON FOR MORE 3:00 p.m. information : WilliamHiil(301) Sidney L. Strickland,. Jr., Discussion of Rending Investigations 492-1661. Secretary. (Closed—Ex. && 7) Dated: July 25,1991. [FR Doc. 91-18109 Filed 7-28-91; 2:16 pm] Week of August 12—Tentative William M. Hill, Jr., BILUNG CODE 7035-01-M Friday^ August. 16 Office of the Secretary. 1040cann. [FR Doc. 91-18108 Filed 7-26-91; 2:15 pm] NUCLEAR REGULATORY COMMISSION Briefing on Uncertainties-in Implementing DATE:,Friday,July 26,T991and W eèksof the EPA HLW Standards (Public BILLING CODE 7590-01-M July 29, August 5,12, and 19,1991. Meeting) 1

Reader Aids Federal Register Vol. 56, No. 146

Tuesday, July 30, 1991

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING JULY

Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 523-5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection desk 523-5215 lists parts and sections affected by documents published since Corrections to published documents 523-5237 the revision date of each title. Document drafting information 523-5237 1 CFR Proposed Rules: Machine readable documents 523-3447 842 ...... 30701 305...... 33841 843 ...... 30701 Code of Federal Regulations 3 CFR 2635...... 33778 Index, finding aids & general information 523-5227 Administrative Orders: Printing schedules 523-3419 7 CFR Memorandums: 2 ...... 32951 June 25,1991...... 31041 Laws 17...... 33367 Presidential Determinations: 20...... 32951 Public Laws Update Service (numbers, dates, etc.) 523-6641 No. 91-41 of 29...... 31533, 34003 Additional information 523-5230 June 19, 1991...... 31303 51...... 32474 No. 91-42 of 58...... 30485, 33854 Presidential Documents June 21, 1991...... 30483 210...... 32919 Executive orders and proclamations 523-5230 No. 91-43 of 215...... 32919 Public Papers of the {Residents 523-5230 June 24, 1991...... 31037 220...... 30309, 32919 Weekly Compilation of Presidential Documents 523-5230 No. 91-44 of 235...... 32919 June 24,1991...... 31039 245...... 32919, 33857 The United States Government Manual No. 91-45 of 301...... 29889, 33190 July 8, 1991...... j...... 33837 319...... 33703 General information 523-5230 No. 91-46 Of 458...... 30489 Other Services July 13, 1991...... 33839 on* _____ 32061 Notices: 917...... 32062 523-3408 Data base and machine readable specifications July 26,1991...... 35995 928...... 34003 523-3187 Guide to Record Retention Requirements Proclamations: 929...... 32499, 35997 523-4534 Legal staff C 3019 (See Proc. 6313) 947...... 31534 523-5240 Library 6310...... — ...... 30303 948..™...... 33704 523-3187 Privacy Act Compilation 6311______...... 30307 1005...... 31857 523-6841 Public Laws Update Service (PLUS) 6 3 1 ? ...... 30855 1205...... 31284 523-5229 TDD for the hearing impaired 6313...... 31853 1210...... 32063 6314______32059 1220...... 31043 6315...... 32497 1230...... 32952 FEDERAL REGISTER PAGES AND DATES, JULY 6316...... 34139 1403...... 32319 6317...... 35799 1475...... 33190 29889-30306 ...... 1 6318...... 35991 1530...... 30857 30307-30482.______2 Executive Orders: 1942...... 31535 30483-30678...... _____ ..3 12473 (See EO 1944...... 30311, 30494 30679-30856...... 5 12767)...... 30283 1951...... 33861 30857-31042___ ...... „...8 12484 (See EO Proposed Rules: 31043-31304...... 9 1?767) ...... 30283 1 ...... 32340 31305-31532...... 10 12532 (Revoked by 28...... 30618 31533-31854...... 11 EO 12769)...... 31855 52...... 32121 31855-32060...... 12 ...... 30339, 32241 32061-32318...... 15 12535 (Revoked by 210...... 32319-32498...... 16 EO 12769)...... 31855 235...... 30339, 32241 32499-32950...... 17 12550(See EO 245...... 30339, 32241 32951-33188...... 18 12767)...... 30283 800...... 29907, 30342 33189-33366...... 19 12571 (See EO 810...... 29907, 30342 33367-33702...... 22 12769)...... 31855 905...... 32340 33703-33838 ...... 93 12586 (See EO 906...... 33393 33839-34002...... 24 12767).™...... 30283 910...... 30878, 30879, 33213 34003-34140...... 25 12700 (Amended by 916______...... 30881 34141-35798...... 26 EO 12768)...... 30301 917...... 30881 35799-35996...... 29 12708 (See EO 927...... 33394 35997-36078...... 30 12767)...... 30283 929...... 35836 1 9 7 6 7 ...... 30283 931™ ...... 33730 12768...... 30301 945...... 32128 12769...... 31855 967...... 32129 12770...... 35801 981...... 34034 12771...... 35993 993...... 33731 1001...... 33395 5 CFR 1002...... 33395 6 3 9 ...... 31305 1004...... 33395 2412...... 33189 1005__ __ ...... 33395 ii Federal Register / Vol. 56, No. 146 / Tuesday, July 30,1991 / Reader Aids

1007...... 32519, 33395 707...... 30644, 35798 30883, 32138, 32519- 32522, 520...... 31075 1011...... 33395 32991, 33217, 34155,35838 522...... 31075 1030...... 33395 11 CFR 73...... 30355 524...... ;...... 31075 1033...... 33395 100...... 35898 91...... 30618, 34000 558...... 29896 1036...... 33395 102...... 34124, 35898 207...... 31092 812...... 32241, 35815 1040...... 33395 106 ...... 35898 208...... 31092 Proposed Rules: 1044...... 33395 110...... 35898 212...... 31092 101 ...... 30452, 30468 1046...... 33395 113...... 34124 241...... 32992 102 ...... 30452 1049...... 33395 116...... 35898 294...... 31092 310...... 32282 1065...... 33395 9001 ...... 35898 298...... 31092 333...... 33644 1068...... 33395 9002 ...... 35898 380...... 31092 357...... 32282 1079...... 33395 9003 ...... 35898 369...... 33644 1093 ...... 33395 9004 ...... 35898 15 CFR 864...... 32359 1094 ...... 33395 9005 ...... 35898 8a...... 29896 888...... 32145 1096 ...... 33395 9006 ...... 35898 29a...... 29896 1097 ...... 33395 9007 ...... 35898 29b...... 29896 22 CFR 1098 ...... 33395 9012...... 35898 50...... 35814 40 ...... 30422 1099 ...... 33395 9031 ...... 35898 771...... 34021 41 ...... 30422 1106...... 33395 9032 ...... 35898 774...... 34021 42 ...... 30422, 32322 1108...... 33395 9033 ...... 35898 43 ...... 30422 1120...... 33395 9034 ...... 34130, 35898 16 CFR 44 ...... 30422 1124...... 32130, 33395 9035 ...... 35898 305...... 30494 45 ...... 32503 1126...... 32131, 33395 9036 ...... 34130, 35898 1000...... 30495 47 ...... 32324 1131 ...... 33395 9037 ...... 34130, 35898 Proposed Rules: Proposed Rules: 1132 ...... 33395 9038 ...... 35898 1500...... 31348, 32352 41...... 36029 1135...... 33395 9039 ...... 35898 1700...... 30355 121...... 34037-34044 1138...... 33395 1205...... 31209 12 CFR 17 CFR 24 CFR 1211...... 30517 207...... 35805 ...... 30036 1240...... 36014 200...... Subtitle A...... 32325 220 ...... 35805 201...... 30036 50...... 30325 1413...... 32132 221 ...... 35805 1421...... 29912 210...... 30036 58...... 30325 224...... 35805 211...... 33376 86...... 30430 1703...... 36014 268...... 32954 1942 ...... 31548 229...... 30036 880 ...... 36001 312...... 29893 230...... 30036 881 ...... 36001 1943 ...... 30347 506...... 34005 1951...... 30347 239...... 30036 Proposed Rules: 563...... 31061, 32474, 34005 240...... 30036, 32077 961...... 30176 1980...... 30347 584...... 31061 3400...... 30256 249...... 30036 602 ...... 35808 260...... 30036 25 CFR 8 CFR 603 ...... 35808 269...... 30036 39...... 35794 612...... 32956 289...... 32078 103...... 31060, 32500 701...... 35808 Proposed Rules: 214...... 31305, 33370 290...... 32081 151...... 32278 217...... 32952 741...... „...35808 Proposed Rules: 1618...... 30836 146...... 32358 26 CFR 240...... 32500 1680..... 34014 242...... 33204 240...... 31349 31...... '...... 35815 245a...... 31060 13C FR 18 CFR Proposed Rules: 251...... 31305 1...... 30718-30721, 31349, 258...... 31305 107 ...... 30850, 31774 4...... 31327 31350,31689,31887-31890, 287...... 33204 14 CFR 37...... 33378 32525,32533, 33488,34044 338...... 30679 284...... 30692 20...... 31362 39...... 30313-30316, 30319- 401...... 30500 Proposed Rules: 30324, 30680- 30683, 31070- 25...... 31362 204...... 30703 48 ...... 30359 31072, 31324- 31326, 31868, 19 CFR 212...... 36028 31869, 32072- 32075, 32320, 301...... 31362, 31890, 33888- 214...... 31553, 33886 4...... 32084, 34149 33890 32957, 32958, 33213, 33372- 122...... 32085 9 CFR 33374, 33705, 33863, 34019, ...... 32085 27 CFR 34142-34146 178...... 78 ...... 32604, 7132605,...... 34141 30684, 30685, 31689,Proposed Rules: 4...... 31076 92...... 31858, 33862 32076,33961,33374,34147 19...... 33733 5...... 31076 166...... 34142 73...... 30685, 34148 24...... 31576 6 . 31076 Proposed Rules: 75...... 33375, 33865 113...... 33733 7 ...... 31076 54 ...... 32342 95...... 30686 118...... 33734 9...... 31076 79 ...... 32342 97...... 30317, 32502 144...... 33733 19...... 31076 129...... 30122 24...... 31076 10 CFR 157 ...... 33994 20 CFR 53...... 31076 2...... 32066, 34104 158 ...... 30867 404...... 35998 70...... 31076 9...... 32070 1204...... 35811 416...... 35999 178...... 32507 20...... 32071 1214...... 31073 Proposed Rules: 252...... 31076 35...... 34104 Proposed Rules: 320...... 30714 Proposed Rules: 50...... 31306 Ch. I...... 33213 340...... 32523 4...... 29913 52...... 31472 21...... 31879 404...... 31266, 33130 55 .... 32066 23...... 33688 416...... 30884, 33130 28 CFR 71...... 31472 25...... 31879 656...... 32244 0...... 30693 170 ...... 31472 39...... 30350, 30351, 31881- 2 ...... 30867-30872 171 ...... 31472 31885,32136,33214,33215, 21 C FR 35 ...... 35694 Proposed Rules: 33396,33732,35837 5...... 36001 36 ...... 35544 61..... 34035 71...... 30353, 30354, 30618,58...... 32087 50...... ' ...... 32326 Federal Register / Vol. 56, No. 146 / Tuesday, July 30,1991 / Reader Aids ili

64...... ,.....32327 31085,31872-31875,33707, 264 ... 30201, 33490 52...... 35817 500...... 31350 33708,34022 265 ...... 30201, 33490 53 ...... 35817 503...... 31350 117...... 30332, 35816 270 ...... 33490 54 . 35817 524...... :...... 30676 127...... 35817 271 ...... 33490, 35758 55 ...... 35817 541...... „...... 31350 154...... „..35817 280.™...... 30201 56 . 35817 545...... 31350 165...... 30334, 30507-30509, 300...... 31900, 35840 57 ...... 35817 546...... 31350 31086,31876,32111,32112, 302.... „..35758 58 ...... 35817 Proposed Rules: 33708,35830,35831,36004, 372...... 34156 59...... 35817 75...... 29914 36005 721...... 34047 71.™...... 35817 Proposed Rules: 761™...... 30201 76.. .™...... 35817 29CFR 100 .....29916, 31879, 32115 798 . 32537 91 .. 35817 500— ...... 30326 117.™.....32151, 34046, 35839 799 ...... 32292 92 . 35817 870...... 32254 34 CFR 95..... 35817 1600...... 30502 41 CFR 107.. ™...... 35817 1602...... 35753 361...... 33148 50-202______32257 108.™.... 35817 1627...... 35753 668...... 33332 101-5_____ 33873 150...... 35817 1630...... 35726 682...... 33332 101-40___ 33876 153...... 35817 2610...... 32088 Proposed Rules: 162™...... 35817 2622...... 32088 361...... 30620 42 CFR 170.™...... 35817 174.. ™...... 35817 2644...... 32089 35 CFR 405______31332 2676...... 32090 442.______30696 182..... 35817 Proposed Rules: Proposed Rules: 484______32967 189...... 35817 1910...... 32302 101 ...... 31362 1001______35952 190.. ™_ 35817 193.______35817 36 CFR Proposed Rules: 30CFR 412 ______36030 221.. ™...... 30654 56 ... 32091 7...... 30694 413 ______36030 Proposed Rules: 57 __ ...... 32091 1191...... 35408 417____ 30723, 31597, 33403 515™______35846 250...... 31890, 32091 37 CFR 431______33403 550...... 35847 901...... 30502, 32509 434______33403 560______35846 904...... 32961 Proposed Rules: 1003._____ 33403 572______35846 906...... 33381 201...... 31580, 32474 580 ______35847 Proposed Rules: 43 CFR 581 ______35847 38 CFR 586.______30373 218...... 31891 21 ...... 31331 38___ 33719 230...... 31891 36...... 29899 5460______33830 47 CFR 772 ...... „...... 32050 5470______33830 913...... 31577 Proposed Rules: 6865____ 32515 0.™.... 33720 3...... 30893 f.„™...... „______...... 33720 914...... 31093 Proposed Rules: 917...... 30722, 33398 2._____ ...... ___32474 39 CFR 11_____ 30367 22...... 34149 920___ 30517 415..... 31601 935...... 31986 Proposed Rules: 3160...... 29920 61...... 33879 948...... 33399 265...... 31363 3400...... 32002 69...... __ 33879 73...... 30337, 30510- 30512, 950...... „...... 31898 40 CFR 3410______32002 963...... 31094 31087, 31545, 31546, 31876, 3420...... „....______32002 32113, 32114, 32371, 32372, Proposed Rules: 52.__.....30335, 32511, 32512, 3440______32002 740...... 33152 33710-33715,36006 32975- 32978, 33386, 33387, 82...... 30873 3450...... 32002 33720, 33721, 35833,35834 761...... 33152, 33170 141____ 30264, 32112, 33050 3460...... „..______...... 32002 76.. . 33387 772...... „.33152 3470______32002 784..... 33170 142. .... 30264, 32212, 33050 80______...____ 34028 143...... „...... 30264 3480.. ™...... ______...32002 90.. .______...... _____ 32515 817...... 33170 180______29900, 32514 3800...... „...... „31602 94______30698,34149 260 ...... 32688 3810______.....30367 97______....______„32515 31 CFR 3820.. .™______.....30367 261 __ 30192, 32688, 32993 Proposed Rules: 4700.__ .30372 545.. ... 32055 262 ______...... 30192 Ch. I.______30373 32 CFR 264 __ 30192, 30200, 32688 44 CFR 2...... :______31095 265 ..... 30192, 30200, 32688 61...... 33891, 34159 Ch. L...... 31085, 31537 266 ...... 32688 8______..... 32328 69...... 33891, 34159 192— ______32964 270™.______30192, 32688 64 ...... „31337-31339, 34023 73...... 30374, 30375, 30524- 195...... 32965 .271____ 30336, 32328, 32688, 65 ___ 32329, 32330, 34026, 30526,31902,32158,32474, 199...... 32965 33206,33717,33866,35831 34027 33013,33413,33414,33739, 266...... 36002 721___ „29902, 29903, 36010 67______32330, 34028 33740,34162 302...... 29903 286b.....______32965 Proposed Rules: 76.____ 30526, 30726, 33414 300...... 32965 22 _ 33401 361______„....32490 34162 301...... 32964 28______29996 Proposed Rules: 90.. .______...„.„..31097 352...... 31537 52_____ 29918,31364, 33738 67...... 32490, 34047 362__ 31540 60______33490 48 CFR 806b...... 33384 79 __ 33228 45 CFR 1...... ____ 33487 861...... 30327 80 .....„29919, 31148-31176, Proposed Rules: 5.. „..„__ 33487 Proposed Rules: 32533 233...... ______32152 8 _ 33487 153.. .„...... 33218 86.____ 30228, 32533 1160...... _____ 32155 9 __ :______33487 199...... 30360, 30887 136______...... 30519 10 ______33487 228...... 30365 172.______33890 46 CFR 14 ______33487 180------...„.,___33236 16______„31030 15 ______33487 33 CFR 185.. ..™______33236 25______...... ______35817 16 ______33487 1...... ----- ...... __ 30242 186______33236 32.______35817 17 ______33487 88__...... ____..___.....33384 260.______30519, 33490 34_____ .______...35817 19______33487 100...... 29897-29899, 30507, 261...... 30519, 33238, 35758 50™.______...... ____ 35817 25„.„...... „_____ 33487 IV Federal Register / Vol 56, No. 146 / Tuesday, July 30,1991 / Reader Aids

27..... 33892,34162 31..... 20...... 32264-32275 35..... 23...... 33894 36..... 298...... 32160 42..... 646...... 32000 43..... 642...... 29920 44..... 646...... 29922, 32000 45..... 651...... 29934 49..... 662 ...... 33416 52..... 663 ...... 32165 225.... 680...... 30893 232.... 685...... 30376, 34049 252.... 352.... 508.... LIST OF PUBLIC LAWS 510.... 519.... This is a continuing list of 549...... 33721 public bills from the current 1513.. session of Congress which 1804...... 32115 have become Federal Iaw3 . It 1806...... 32115 may be used in conjunction 1807...... 32115 with “P L U S” (Public Laws 1825.. Update Service) on 202-523- 1839.. 6641. The text of laws is not 1842.. published in the Federal 1845... Register but may be ordered 1852... in individual pamphlet form 1853... (referred to as “slip laws") Proposed Rules: from the Superintendent of 10...... Documents, U.S. Government 15...... Printing Office, Washington, 28...... DC 20402 (phone, 202-275- 31...... 3030). 33...... 51...... H.R. 751/Pub. L. 102-73 52...... 31278, 31844, 33330, National Literacy Act of 1991. 33822,33826 (July 25, 1991; 105 Stat. 333; 209.... 30 pages) Price: $1.00 242.... Last List July 29, 1991 4 9 CFR 1...... 40...... 30512, 33882 190..... 192...... 31087, 33208 193...... 31087, 33208 195..... 199...... 31087, 33208 234..... 1017...... 32333 1039.... 1051.... 1152...... 32336, 35834 1220.... Proposed Rules: 571...... 30528, 32544, 33239 594..... 1039...... 32159 5 0 CFR 17...... 32978, 34151 611..... 630...... 29905 31347 641...... 30513, 33883 646...... 650...... 651...... 661...... 663...... 672...... 30874, 31547, 32119. 32983,33884, 35835 675...... 30515, 30699, 30874, 32338, 32984, 33210 681...... 685...... 31689, 33211 Proposed Rules: 17...... 31902, 33241, 33741, Public Laws

102d Congress, 1st Session, 1991

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