Pages 48815±49044 Vol. 61 9±17±96 No. 181 federal register September 17,1996 Tuesday announcement ontheinsidecoverofthisissue. For informationonbriefinginWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996

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How To Cite This Publication: Use the volume number and the page number. Example: 61 FR 12345.

2 III

Contents Federal Register Vol. 61, No. 181

Tuesday, September 17, 1996

Agency for International Development RULES NOTICES Acquisition regulations: Housing guaranty program: Comprehensive small business subcontracting plans; test Indonesia, 48968–48969 program for negotiation Correction, 49008 Agriculture Department NOTICES See Forest Service Arms sales notification; transmittal letter, etc., 48890–48918 See Natural Resources Conservation Service Meetings: See Rural Housing Service Electron Devices Advisory Group, 48919 Science Board task forces, 48919–48920 Antitrust Division NOTICES Drug Enforcement Administration Competitive impact statements and proposed consent RULES judgments: Federal Food, Drug, and Cosmetic Act: USA Waste Services, Inc., et al., 48971–48982 Pseudosephedrine products; exemption removed National cooperative research notifications: Correction, 48830 Blue Band II Consortium, 48982 Inter Company Collaboration for Aids Drug Development, Education Department 48982 RULES International 300 MM Initiative, Inc., 48982–48983 Postsecondary education: Mobile Information Infrastructure for Digital Video and Student assistance general provisions— Multimedia Applications Joint Venture; correction, Technical amendments, 49042–49043 48983 NOTICES Salutation Commission, 48983 Agency information collection activities: Proposed collection; comment request, 48921 Army Department Postsecondary education: NOTICES Federal Title IV student assistance— Environmental statements; availability, etc.: National Student Loan Data System; financial aid Base realignment and closure— transcript information, 49040 Fort Ord, CA, 48920–48921 Recommendations; correction, 48920 Energy Department See Federal Energy Regulatory Commission Assassination Records Review Board See Hearings and Appeals Office, Energy Department NOTICES NOTICES Meetings; Sunshine Act, 48881–48882 Environmental statements; availability, etc.: Sandia National Laboratories et al., NM; medical isotopes Census Bureau production project; molybdenum-99 and related NOTICES isotopes, 48921–48929 Agency information collection activities: Meetings: Proposed collection; comment request, 48882 Environmental Management Site-Specific Advisory Board— Children and Families Administration Pantex Plant, TX, 48929–48930 NOTICES Agency information collection activities: Proposed collection; comment request, 48958–48959 Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw Commerce Department agricultural commodities: See Census Bureau Pyridaben, 48843–48848 See International Trade Administration PROPOSED RULES See National Oceanic and Atmospheric Administration Air quality implementation plans; approval and See Patent and Trademark Office promulgation; various States: Iowa, 48873 Committee for the Implementation of Textile Agreements NOTICES NOTICES Clean Air Act: Cotton, wool, and man-made textiles: Citizens suits; proposed settlements— Former Yugoslav Republic of Macedonia, 48889 Sierra Club Legal Defense Fund, 48950 Ukraine, 48889–48890 Committees; establishment, renewal, termination, etc.: Gulf of Mexico Program Policy Review Board, 48950 Defense Department Meetings: See Army Department Science Advisory Board, 48950–48951 IV Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Contents

Superfund; response and remedial actions, proposed Banks and bank holding companies: settlements, etc.: Change in bank control, 48954–48955 Colorado School of Mines Research Institute Site, CO, Formations, acquisitions, and mergers, 48955–48956 48951–48952 Nonbanking activities, 48956–48957 Water pollution control: Permissible nonbanking activities, 48957 Clean Water Act— Class II administrative penalty assessments, 48952 Federal Trade Commission NOTICES Executive Office of the President Meetings; Sunshine Act, 48957 See Management and Budget Office See Presidential Documents Fish and Wildlife Service PROPOSED RULES Federal Aviation Administration Endangered and threatened species: RULES Northern copperbelly water snake, 48876 Airworthiness directives: Plant and animal taxa, 48875–48876 American Champion Aircraft Corp.; correction, 48822 NOTICES Boeing, 48820–48822 Endangered and threatened species: Gates Learjet, 48822–48824 Listing priority guidance extension (1997 FY), 48962– Pratt & Whitney, 48818–48820 48965 Class D airspace, 48824–48825 Environmental statements; availability, etc.: Class E airspace, 48825–48826 Incidental take permits— Standard instrument approach procedures, 48826–48829 Travis County, TX; golden-cheeked warbler, 48965– PROPOSED RULES 48966 Airworthiness directives: Marine mammals permit applications, 48888–48889 General Electric, 48866–48867 McDonell Douglas, 48864–48866 Food and Drug Administration Airworthiness standards: RULES Special conditions— Animal drugs, feeds, and related products: Lockheed Martin Aerospace Corp. model L382J New drug applications— airplane, 48862–48864 Atipamezole, 48829–48830 Class E airspace, 48868–48872 NOTICES Forest Service Exemption petitions; summary and disposition, 49004– 49005 NOTICES Passenger facility charges; applications, etc.: Environmental statements; availability, etc.: Minot International Airport, ND, 49005 Salmon and Challis National Forests, ID, 48879–48880

Federal Communications Commission Health and Human Services Department PROPOSED RULES See Children and Families Administration Practice and procedure: See Food and Drug Administration Justice Department request that 311 be reserved for use See Public Health Service by communities for non-emergency police telephone NOTICES calls; pleading cycle establishment, 48874–48875 Meetings: NOTICES Welfare Indicators Advisory Board, 48958 Rulemaking proceedings; petitions filed, granted, denied, Organization, functions, and authority delegations: etc., 48952–48953 Grants and Acquisition Management Office; correction, 49008 Federal Energy Regulatory Commission NOTICES Hearings and Appeals Office, Energy Department Electric rate and corporate regulation filings: NOTICES LSP-Whitewater, L.P., et al., 48931–48933 Cases filed, 48943–48944 State Line Energy, L.L.C., et al., 48933–48937 Decisions and orders, 48944–48950 Environmental statements; availability, etc.: Granite State Gas Transmission, Inc., 48937–48938 Housing and Urban Development Department Hydroelectric applications, 48938–48940 RULES Natural gas certificate filings: Mortgage and loan insurance programs: Northern Border Pipeline Co. et al., 48940–48943 Home equity conversion mortgage insurance Applications, hearings, determinations, etc.: demonstration; mortgage balance definition, etc., Bridgeline Gas Distribution LLC, 48930 49030–49034 Iroquois Gas Transmission System, L.P., 48930–48931 Multifamily projects— Kern River Gas Transmission Co., 48931 Conversion from coinsurance to full insurance, 49036– Northern Border Pipeline Co., 48931 49038 Northwest Pipeline Corp., 48931 NOTICES Grant and cooperative agreement awards: Federal Reserve System Public and Indian housing— NOTICES HOME program; Indian applicants, 48960–48961 Bank holding companies engaged in underwriting and dealing in securities; bank-ineligble activities of Interior Department subsidiaries; 10 percent revenue limit, 48953–48954 See Fish and Wildlife Service Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Contents V

See Land Management Bureau Minerals Management Service See Minerals Management Service RULES See National Park Service Royalty management: See Surface Mining Reclamation and Enforcement Office Royalty relief for deep water producing leases and PROPOSED RULES existing leases, 48834–48835 Transportation and utility systems in and across, and access PROPOSED RULES into, conservation system units in Alaska: Royalty management: Economically feasible and prudent alternative route; Gas produced from Federal and Indian leases; gas definition, 48873–48874 royalties and deductions for gas transportation NOTICES calculations, 48872 Committees; establishment, renewal, termination, etc.: NOTICES Exxon Valdez Oil Spill Trustee Council Public Advisory Meetings: Group, 48961–48962 Minerals Management Advisory Board, 48966–48967

International Development Cooperation Agency National Aeronautics and Space Administration See Agency for International Development NOTICES Meetings: International Trade Administration Aeronautics Advisory Committee, 48988 NOTICES Antidumping: National Oceanic and Atmospheric Administration Sugar and syrups from— RULES Canada, 48885–48886 Fishery conservation and management: Antidumping and countervailing duties: Gulf of Mexico and South Atlantic coastal migratory Administrative review requests, 48882–48885 pelagic resources, 48848–48852 Export trade certificates of review, 48886–48888 Northern anchovy, 48853–48854 West Coast salmon, 48852–48853 International Trade Commission PROPOSED RULES NOTICES Tuna, Atlantic bluefin fisheries, 48876–48878 NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 48969 International Commission for Conservation of Atlantic Import investigations: Tunas, United States Section Advisory Committee, Generalized System of Preferences— 48888 Advice concerning possible modifications, 48969– Permits: 48971 Marine mammals, 48888–48889 Meetings; Sunshine Act, 48971 National Park Service Justice Department NOTICES See Antitrust Division Environmental statements; availability, etc.: See Drug Enforcement Administration Saint Croix Island International Historic Site, ME, 48967 See Justice Programs Office National Register of Historic Places: Pending nominations, 48967–48968 Justice Programs Office NOTICES National Science Foundation Agency information collection activities: NOTICES Proposed collection; comment request, 48983 Meetings: Biological Infrastructure Advisory Panel, 48988 Labor Department Equal Opportunities in Science and Engineering See Occupational Safety and Health Administration Committee, 48988 Networking and Communications Research and Land Management Bureau Infrastructure Special Emphasis Panel, 48988–48989 RULES United States Antarctic Program Blue Ribbon Panel, Alaska occupancy and use: 48989 Homestead settlements Correction, 49008 Natural Resources Conservation Service NOTICES NOTICES Realty actions; sales, leases, etc.: Environmental statements; availability, etc.: New Mexico, 48966 West Carroll Watershed, LA, 48880

Legal Services Corporation Nuclear Regulatory Commission NOTICES NOTICES Grants and contracts; competitive grant funds, 48985–48988 Meetings: Nuclear Waste Advisory Committee, 48990 Management and Budget Office Reactor Safeguards Advisory Committee, 48990–48991 PROPOSED RULES Meetings; Sunshine Act, 48991 National security information; classification, downgrading, Applications, hearings, determinations, etc.: declassification, and safeguarding, 48855–48862 Northern States Power Co., 48989–48990 VI Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Contents

Occupational Safety and Health Administration Express Pipeline Partnership pipeline from Montana to NOTICES Alberta, Canada, 49003–49004 Agency information collection activities: Proposed collection; comment request, 48983–48984 Surface Mining Reclamation and Enforcement Office RULES Office of Management and Budget Permanent program and abandoned mine land reclamation See Management and Budget Office plan submissions: Patent and Trademark Office Alaska, 48835–48843 PROPOSED RULES Trademarks: Surface Transportation Board Fastener Quality Act; insignias of manufacturers and NOTICES private label distributors; recordation fees Railroad operation, acquisition, construction, etc.: establishment, 48872–48873 CSX Transportation, Inc., 49005–49006 Iron Road Railways Inc. et al., 49006 Personnel Management Office Railroad services abandonment: RULES Consolidated Rail Corp., 49006–49007 Prevailing rate systems, 48817 Textile Agreements Implementation Committee Presidential Documents See Committee for the Implementation of Textile PROCLAMATIONS Agreements Special observances: Farm Safety and Health Week, National (Proc. 6916), 48815 Transportation Department See Federal Aviation Administration Public Health Service See Surface Transportation Board See Food and Drug Administration NOTICES NOTICES Aviation proceedings: Organization, functions, and authority delegations: Agreements filed; weekly receipts, 49004 Centers for Disease Control and Prevention, 48959–48960 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, Rural Housing Service 49004 NOTICES Agency information collection activities: Proposed collection; comment request, 48880–48881 Separate Parts In This Issue Securities and Exchange Commission RULES Part II Investment companies: Securities and Exchange Commission, 49010–49027 Deferred sales loads, exemption for open-end management investment companies to impose, Part III 49011–49021 Department of Housing and Urban Development, 49030– Registered open-end management investment companies; 49034 shares distribution payments, 49010–49011 PROPOSED RULES Investment companies: Part IV Multiple class and series investment companies, 49022– Department of Housing and Urban Development, , 49036– 49027 49038 NOTICES Applications, hearings, determinations, etc.: Part V John Hancock Declaration Trust et al., 48991–48996 Department of Education, 49040 LifeUSA Funds, Inc., et al., 48996–48998 Transamerica Occidental Life Insurance Co. et al., 48998– Part VI 49002 Department of Education, 49042–49043 Small Business Administration NOTICES License surrenders: Reader Aids Calista Business Investment Corp., 49002 Additional information, including a list of public laws, Threshold Ventures, Inc., 49002 telephone numbers, reminders, and finding aids, appears in the Reader Aids section at the end of this issue. State Department RULES International Traffic in Arms Regulations; amendments, 48830–48834 Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law Environmental statements; availability, etc.: numbers, Federal Register finding aids, and a list of El Paso County, TX; Rio Grande Pipeline Co. pipeline, documents on public inspection is available on 202–275– 49002–49003 1538 or 275–0920. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 48 CFR Proclamations: 219...... 49008 6916...... 48815 50 CFR 622...... 48848 5 CFR 660 (2 documents) ...... 48852 532...... 48817 662...... 48853 Proposed Rules: Proposed Rules: 1312...... 48855 17 (2 documents) ...... 48875, 14 CFR 48876 39 (4 documents) ...... 48818, 285...... 48876 48820, 48822 71 (2 documents) ...... 48824, 48824 97 (2 documents) ...... 48826, 48827 Proposed Rules: 25...... 48862 39 (2 documents) ...... 48864, 48866 71 (4 documents) ...... 48868, 48869, 48870, 48871 17 CFR 200...... 49010 239 (2 documents) ...... 49010, 49011 270 (2 documents) ...... 49010, 49011 274...... 49011 Proposed Rules: 270...... 49022 21 CFR 522...... 48829 1309...... 48830 1310...... 48830 1313...... 48830 22 CFR 120...... 48830 123...... 48830 128...... 48830 24 CFR 206...... 49030 207...... 49036 251...... 49036 252...... 49036 255...... 49036 30 CFR 203...... 48834 902...... 48835 Proposed Rules: 206...... 48872 34 CFR 668...... 49042 37 CFR Proposed Rules: 2...... 48872 40 CFR 180...... 48843 Proposed Rules: 52...... 48873 43 CFR 2560...... 49008 Proposed Rules: 36...... 48873 47 CFR Proposed Rules: 1...... 48874 48815

Federal Register Presidential Documents Vol. 61, No. 181

Tuesday, September 17, 1996

Title 3— Proclamation 6916 of September 13, 1996

The President National Farm Safety and Health Week, 1996

By the President of the United States of America

A Proclamation Farming is an occupation, both personally rewarding and vitally important, keeping grocery store shelves stocked with affordable and healthful food products for consumers. American farmers, ranchers, and their families are dedicated to producing crops and livestock that not only feed the American people, but also have become increasingly important to the global economy. The 2.1 million farms in the United States are predominately operated by farm and ranch families, who work long, grueling hours, exposed to hazards ranging from complicated machinery, to farm chemicals, unpredict- able livestock, and variable weather. They also face danger from potentially toxic dusts and gases found in and around farm silos, manure storage facili- ties, and livestock confinement buildings. Workers must be constantly on guard as they face these hazardous by-products of agricultural work. Education and training programs, including ‘‘hands-on’’ intensive activities, have created an awareness among farmers and ranchers that personal safety equipment is a good investment for preventing injuries and illnesses related to their work. Linked to these safety initiatives are programs that bring about a higher level of personal health awareness. This helps to reduce the levels of noise- induced hearing loss, sun exposure-related skin cancer, and the occupational respiratory ailments prevalent among agricultural workers in the United States. On America’s farms, young people are routinely exposed to some of the same risks as adults. Their level of maturity, training, and experience should be considered when assigning chores on the farm. Since many children live on farms, safe play areas should be designated to minimize their exposure to danger. In setting aside this special week each year to focus on the safety and health of farmers, ranchers, and their families, we demonstrate to our Nation’s citizens the importance of a strong agricultural industry as we approach the 21st century. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim September 15 through September 21, 1996, as National Farm Safety and Health Week. I call upon government agencies, businesses, and professional associations that serve our agricultural sector to strengthen efforts to promote safety and health measures among our Nation’s farm and ranch workers. I also call upon our Nation to recognize Wednesday, September 18, 1996, as a day set aside during the week to pay special attention to the risks and hazards facing young people on farms and ranches. I would ask agricultural workers to take advantage of educational programs and technical advances that can help them avoid injury and illness. Finally, I call upon the citizens of our Nation to reflect upon the bounty we enjoy thanks to the labor of agricultural workers across our land. Join me in renewing our commitment to making their health and safety a national priority. 48816 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of September, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–23950 œ– Filed 9–16–96; 8:45 am] Billing code 3195–01–P 48817

Rules and Regulations Federal Register Vol. 61, No. 181

Tuesday, September 17, 1996

This section of the FEDERAL REGISTER application to the Sacramento, CA, NAF because they affect only Federal contains regulatory documents having general wage area. This change is necessary agencies and employees. applicability and legal effect, most of which because the Stockton Naval are keyed to and codified in the Code of Communication Station, host List of Subjects in 5 CFR Part 532 Federal Regulations, which is published under installation for the wage area, will close 50 titles pursuant to 44 U.S.C. 1510. Administrative practice and on September 30, 1996. The remaining procedure, Freedom of information, The Code of Federal Regulations is sold by installation in the area, the Defense Government employees, Reporting and Distribution Region West, has the Superintendent of Documents. Prices of recordkeeping requirements, Wages. new books are listed in the first FEDERAL approximately 18 FWS employees and REGISTER issue of each week. no longer meets the minimum FWS Office of Personnel Management. employment criterion (26 employees) Lorraine A. Green, required to be a survey area. Deputy Director. OFFICE OF PERSONNEL As required in regulation, 5 CFR MANAGEMENT 532.219, the following criteria were Accordingly, OPM is amending 5 CFR considered in redefining these wage part 532 as follows: 5 CFR Part 532 areas: PART 532ÐPREVAILING RATE RIN 3206±AH59 (1) Proximity of largest activity in each county; SYSTEMS Prevailing Rate Systems; Abolishment (2) Transportation facilities and of San Joaquin, California, commuting patterns; and 1. The authority citation for part 532 Nonappropriated Fund Wage Area (3) Similarities of the counties in: continues to read as follows: (i) Overall population; Authority: 5 U.S.C. 5343, 5346; § 532.707 AGENCY: Office of Personnel (ii) Private employment in major also issued under 5 U.S.C. 552. Management. industry categories; and ACTION: Interim rule with request for (iii) Kinds and sizes of private Appendix B to Subpart B of Part 532Ð comments. industrial establishments. [Amended] Proximity, similarities in overall SUMMARY: The Office of Personnel population and total private sector 2. Appendix B to subpart B is Management (OPM) is issuing an employment, and the kinds and sizes of amended by removing the entry for San interim rule to abolish the San Joaquin, private industrial establishments all Joaquin in the listing for the State of CA, nonappropriated fund (NAF) favor redefining San Joaquin County to California. Federal Wage System (FWS) wage area the Sacramento, CA, NAF wage area. Of and redefine its sole county (San the regulatory criteria, only commuting 3. Appendix D to supart B is amended Joaquin County) as an area of patterns favor the Almeda-Contra Costa, by removing the wage area listing for application to the Sacramento, CA, NAF CA, NAF wage area. Overall, the criteria San Joaquin, California, and by revising wage area for pay-setting purposes. support the redefinition of San Joaquin the listing for Sacramento, California, to DATES: This interim rule becomes County to the Sacramento, CA, wage read as follows: Appendix D to Supart effective on September 17, 1996. area. B of Part 532—Nonappropriated Fund Comments must be received by October The Federal Prevailing Rate Advisory Wage and Survey Areas 17, 1996. Employees currently paid Committee reviewed this * * * * * rates from the San Joaquin, CA, NAF recommendation and by consensus wage schedule will continue to be paid recommended approval. CALIFORNIA from that scheduled until their Waiver of Notice of Proposed * * * * * conversion to the Sacramento, CA, NAF Rulemaking and Delayed Effective Date SACRAMENTO wage schedule on April 18, 1997, 1 day before the effective date of the next Pursuant to 5 U.S.C. 553(b)(3)(B), I Survey area Sacramento, CA, wage schedule. find that good cause exists for waiving the general notice of proposed California: ADDRESSES: Send or deliver comments Sacramento rulemaking. Also, pursuant to section to Donald J. Winstead, Assistant 553(d)(3) of title 5, United States Code, Area of Application. Survey area plus: Director for Compensation Policy, I find that good cause exists for making Human Resources Systems Service, California: this rule effective in less than 30 days. Office of Personnel Management, Room San Joaquin (Effective date April 19, 1997) The notice is being waived and the 6H31, 1900 E Street NW., Washington, Yuba regulation is being made effective in less DC 20415, or FAX: (202) 606–0824. Oregon: than 30 days so that advance Jackson FOR FURTHER INFORMATION CONTACT: preparations otherwise required for the Klamath Angela Graham Humes, (202) 606–2848. 1997 San Joaquin, CA, NAF wage area * * * * * SUPPLEMENTARY INFORMATION: The survey may be canceled. Department of Defense recommended to [FR Doc. 96–23780 Filed 9–16–96; 8:45 am] OPM that the San Joaquin, CA, FWS Regulatory Flexibility Act BILLING CODE 6325±01±M NAF wage area be abolished and that I certify that these regulations will not the sole remaining county (San Joaquin have a significant economic impact on County) be added as an area of a substantial number of small entities 48818 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Aviation Regulations (14 CFR part 39) to following configurations as acceptable: include an airworthiness directive (AD) (1) PW ASB No. JT9D–7R4–72–481, Federal Aviation Administration that is applicable to Pratt & Whitney dated April 20, 1993; (2) PW SB No. (PW) JT9D–7R4 series turbofan engines JT9D–7R4–72–484, Revision 1, dated 14 CFR Part 39 was published in the Federal Register October 9, 1993; or (3) PW SB No. JT9D– [Docket No. 94±ANE±51; Amendment 39± on October 16, 1995 (60 FR 53556). That 7R4–72–484, Revision 1, dated October 9721; AD 96±17±11] action proposed to require replacement 9, 1993, and PW SB No. JT9D–7R4–72– of 3rd, 4th, and 5th stage low pressure 488, Revision 1, dated November 20, RIN 2120±AA64 turbine (LPT) vane retention bolts and 1993. Airworthiness Directives; Pratt & nuts and the removal of the 5th stage One commenter states that the Whitney JT9D±7R4 Series Turbofan vane configuration which includes an reference to not using uncured anti- Engines electro-discharge machined (EDM) slot, gallant compound on the bolt threads in and replacement with a 5th stage vane the compliance section should be AGENCY: Federal Aviation featuring a cast slot configuration. In deleted, and that the issue should only Administration, DOT. addition, the proposed AD would be addressed in the discussion section. ACTION: Final rule. prohibit use of uncured anti-gallant The commenter believes that the compound on the bolts or nuts, as prohibition against using anti-gallant SUMMARY: This amendment adopts a uncured anti-gallant compound was a compound in the compliance section is new airworthiness directive (AD), contributor to the unsafe condition. The not appropriate as a maintenance action applicable to Pratt & Whitney (PW) actions would be required to be within an AD, and would result in no JT9D–7R4 series turbofan engines, that accomplished in accordance with PW terminating action being available to the requires replacement of 3rd, 4th, and Service Bulletin (SB) No. JT9D–7R4–72– airlines. The FAA does not concur. The 5th stage low pressure turbine (LPT) 473, Revision 2, dated February 8, 1993; primary cause of the LPT vane retention vane retention bolts and nuts, the PW Alert Service Bulletin (ASB) No. hardware failures was the use of removal of the 5th stage vane JT9D–7R4–72–480, dated April 20, uncured anti-gallant compound. configuration which includes an electro- 1993; PW ASB No. JT9D–7R4–72–481, Therefore, the FAA has determined that discharge machined (EDM) slot and dated April 20, 1993; and PW SB No. the prohibition against using uncured replacement with a cast slot JT9D–7R4–72–484, Revision 1, dated anti-gallant compound is a key element configuration, and prohibits the use of October 9, 1993. of the AD, and must be an integral part uncured anti-gallant compound on vane Interested persons have been afforded of the compliance section. retention hardware. This amendment is an opportunity to participate in the After careful review of the available prompted by reports of LPT failures that making of this amendment. Due data, including the comments noted resulted in uncontained engine failures. consideration has been given to the above, the FAA has determined that air The actions specified by this AD are comments received. safety and the public interest require the intended to prevent LPT vane failures, Two commenters basically concur adoption of the rule with the changes which can result in uncontained engine with the intent of the AD, but described previously. The FAA has failure, fire, and possible damage to the recommend a change in the determined that these changes will aircraft. accomplishment time, from the next neither increase the economic burden DATES: Effective November 18, 1996. shop visit to the next LPT module on any operator nor increase the scope The incorporation by reference of disassembly. The commenters believe of the AD. certain publications listed in the accomplishment at the next shop visit The FAA estimates that 600 engines regulations is approved by the Director causes an undue scheduling burden and installed on aircraft of U.S. registry will of the Federal Register as of November increases cost by an estimated $558,900. be affected by this AD, that it will take 18, 1996. The FAA does not concur. The FAA has approximately 22 work hours per engine reviewed the risk analysis, which to accomplish the required actions, and ADDRESSES: The service information predicts that if the accomplishment time that the average labor rate is $60 per referenced in this AD may be obtained is extended, the risk would quadruple, work hour. Based on these figures, the from Pratt & Whitney, Publications which the FAA considers unacceptable. total cost impact of the AD on U.S. Department, Supervisor Technical Two commenters recommend a operators is estimated to be $792,000. Publications Distribution, M/S 132– change to the acceptable configurations. The regulations adopted herein will 30,400 Main St., East Hartford, CT They state that paragraph (b)(2) of the not have substantial direct effects on the 06108; telephone (860) 565–6600, fax compliance section should be revised to States, on the relationship between the (860) 565–4503. This information may reference PW SB No. JT9D–7R4–72–488, national government and the States, or be examined at the Federal Aviation Revision 1, dated November 20, 1993, as on the distribution of power and Administration (FAA), New England an additional approved and acceptable responsibilities among the various Region, Office of the Assistant Chief configuration, as the configuration levels of government. Therefore, in Counsel, 12 New England Executive defined by that SB became available accordance with Executive Order 12612, Park, Burlington, MA; or at the Office of after the criteria for the NPRM was it is determined that this final rule does the Federal Register, 800 North Capitol established. The FAA concurs in part. not have sufficient federalism Street, NW., Suite 700, Washington, DC. Pratt & Whitney SB No. JT9D–7R4–72– implications to warrant the preparation FOR FURTHER INFORMATION CONTACT: John 488, Revision 1, dated November 20, of a Federalism Assessment. Fisher, Aerospace Engineer, Engine 1993, which describes modifying the For the reasons discussed above, I Certification Office, FAA, Engine and vane retention stops, is not an certify that this action (1) is not a Propeller Directorate, 12 New England alternative to PW SB No. JT9D–7R4–72– ‘‘significant regulatory action’’ under Executive Park, Burlington, MA 01803– 484, Revision 1, dated October 9, 1993, Executive Order 12866; (2) is not a 5299; telephone (617) 238–7149, fax but can be added as a compliance ‘‘significant rule’’ under DOT (617) 238–7199. option for an additional acceptable Regulatory Policies and Procedures (44 SUPPLEMENTARY INFORMATION: A configuration. The FAA has therefore FR 11034, February 26, 1979); and (3) proposal to amend part 39 of the Federal revised this final rule to include the will not have a significant economic Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48819 impact, positive or negative, on a that the performance of the requirements of assemblies in accordance with PW SB No. substantial number of small entities this AD is affected, the owner/operator must JT9D–7R4–72–484, Revision 1, dated October under the criteria of the Regulatory request approval for an alternative method of 9, 1993; or Flexibility Act. A final evaluation has compliance in accordance with paragraph (e) (3) Install new 3rd, 4th, and 5th stage LPT of this AD. The request should include an been prepared for this action and it is vane bolts and nuts, and install heat shield assessment of the effect of the modification, assemblies and air sealing ring stop contained in the Rules Docket. A copy alteration, or repair on the unsafe condition of it may be obtained from the Rules assemblies in accordance with PW SB No. addressed by this AD; and, if the unsafe JT9D–7R4–72–484, Revision 1, dated October Docket at the location provided under condition has not been eliminated, the 9, 1993, and PW SB No. JT9D–7R4–72–488, the caption ADDRESSES. request should include specific proposed Revision 1, dated November 20, 1993. actions to address it. (c) For LPT modules that have never had List of Subjects in 14 CFR Part 39 Compliance: Required as indicated, unless the 3rd, 4th, or 5th stage vane retention accomplished previously. Air Transportation, Aircraft, Aviation hardware disassembled, perform paragraph To prevent low pressure turbine (LPT) safety, Incorporation by reference, (b)(1), (b)(2), or (b)(3) of this AD at the first Safety. vane failures, which can result in uncontained engine failure, fire, and possible LPT module disassembly. Do not use Adoption of the Amendment damage to the aircraft, accomplish the uncured anti-gallant compound on the bolts following, accomplish the following: or nuts. Accordingly, pursuant to the (a) Remove 5th stage LPT vane cluster (d) For the purpose of this AD, a shop visit authority delegated to me by the segments that incorporate electro-discharge is defined as the induction of an engine into Administrator, the Federal Aviation machined (EDM) slots, Part Numbers (P/N) a maintenance facility for the purpose of Administration amends part 39 of the 787885 or 787885–001, and replace with the either: Federal Aviation Regulations (14 CFR cast pocket vane configuration, P/N 796985, (1) Separation of pairs of major mating part 39) as follows: 795175, 796985–001, 808875, 811985, or engine flanges; or 811985–001, at the next shop visit, but not (2) The removal of an engine disk, hub, or PART 39ÐAIRWORTHINESS later than 5,000 cycles in service (CIS) after spool. DIRECTIVES the effective date of this AD, in accordance (e) An alternative method of compliance or with PW Alert Service Bulletin (ASB) No. adjustment of the compliance time that 1. The authority citation for part 39 JT9D–7R4–72–480, dated April 20, 1993. provides an acceptable level of safety may be continues to read as follows: Note: Pratt & Whitney SB No. JT9D–7R4– used if approved by the Manager, Engine Authority: 49 USC 106(g), 40113, 44701. 72–473, Revision 2, dated February 8, 1993, Certification Office. The request should be may be used to segregate EDM slot from cast forwarded through an appropriate FAA § 39.13 [AMENDED] pocket 5th stage LPT vane clusters sharing Principal Maintenance Inspector, who may 2. Section 39.13 is amended by the same P/N 787885 and 787885–001. add comments and then send it to the adding the following new airworthiness (b) For LPT modules that previously have Manager, Engine Certification Office. directive: had the 3rd, 4th, or 5th stage vane retention Note: Information concerning the existence hardware disassembled for any reason of approved alternative methods of 96–17–11 Pratt & Whitney: Amendment perform paragraph (b)(1), (b)(2), or (b)(3) of 39–9721. Docket 94–ANE–51. compliance with this airworthiness directive, this AD at the next shop visit, but not later if any, may be obtained from the Engine Applicability: Pratt & Whitney (PW) JT9D– than 5,000 CIS after the effective date of this Certification Office. 7R4 series turbofan engines, installed on but AD, accomplish one of the following. Do not not limited to Airbus A300 and A310 series, use uncured anti-gallant compound on the (f) Special flight permits may be issued in and Boeing 747 and 767 series aircraft. bolts or nuts: accordance with sections 21.197 and 21.199 Note: This airworthiness directive (AD) (1) Install new 3rd, 4th, and 5th stage LPT of the Federal Aviation Regulations (14 CFR applies to each engine identified in the vane bolts and nuts, in accordance with PW 21.197 and 21.199) to operate the aircraft to preceding applicability provision, regardless ASB No. JT9D–7R4–72–481, dated April 20, a location where the requirements of this AD of whether it has been modified, altered, or 1993; or can be accomplished. repaired in the area subject to the (2) Install new 3rd, 4th, and 5th stage LPT (g) The actions required by this AD shall requirements of this AD. For engines that vane bolts and nuts, and install heat shield be done in accordance with the following PW have been modified, altered, or repaired so assemblies and air sealing ring stop service documents:

Document No. Pages Revision Date

SB No. JT9D±7R4 ±72±473 ...... 1 ...... 2 ...... February 8, 1993. 2±5 ...... Original ...... November 11, 1992. 6, 7 ...... 2 ...... February 8, 1993. 8 ...... Original ...... November 11, 1992. 9 ...... 1 ...... December 16, 1992. 10, 11 ...... 2 ...... February 8, 1993. Total Pages: 11. ASB No. JT9D±7R4±72±480 ...... 1±13 ...... Original ...... April 20, 1993. Total Pages: 13. ASB No. JT9D±7R4±72±481 1±11 ...... Original ...... April 20, 1993. Total Pages: 11. SB No. JT9D±7R4±72±484 ...... 1 ...... 1 ...... October 9, 1993. 2±8 ...... Original ...... August 2, 1993. 9 ...... 1 ...... October 9, 1993. 10±16 ...... Original ...... August 2, 1993. 17 ...... 1 ...... October 9, 1993. 18±44 ...... Original ...... August 2, 1993. Total Pages: 44. SB No. JT9D±7R4±72±488 ...... 1 ...... 1 ...... November 20, 1993 2 ...... Original ...... October 7, 1993. 3 ...... 1 ...... November 20, 1993. 4±17 ...... Original ...... October 7, 1993. 48820 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

Document No. Pages Revision Date

18 ...... 1 ...... November 20, 1993. Total Pages: 18.

This incorporation by reference was in loss of battery power to the source of (EICAS); loss of power to the standby approved by the Director of the Federal standby power for the airplane. buses/loads during standby operation; Register in accordance with 5 U.S.C. 552(a) DATES: Effective October 2, 1996. and the potential loss of center bus and 1 CFR part 51. Copies may be obtained The incorporation by reference of power. Such loss of standby power from Pratt & Whitney, Publications Department, Supervisor Technical certain publications listed in the could adversely affect the function of Publications Distribution, M/S 132–30,400 regulations is approved by the Director the following systems: Main St., East Hartford, CT 06108; telephone of the Federal Register as of October 2, 1. the captain’s standby instruments, (860) 565–6600, fax (860) 565–4503. Copies 1996. 2. flight control electronics, may be inspected at the FAA, New England Comments for inclusion in the Rules 3. Very High Frequency (VHF) Region, Office of the Assistant Chief Counsel, Docket must be received on or before communications, 12 New England Executive Park, Burlington, November 18, 1996. 4. thrust reverser control, MA; or at the Office of the Federal Register, ADDRESSES: Submit comments in 5. standby ignition, 800 North Capitol Street NW., suite 700, triplicate to the Federal Aviation Washington, DC. 6. passenger oxygen, (h) This amendment becomes effective on Administration (FAA), Transport 7. fire detection and extinguishing, and November 18, 1996. Airplane Directorate, ANM–103, 8. wing and engine anti-ice systems, Issued in Burlington, Massachusetts, on Attention: Rules Docket No. 96–NM– among others. August 15, 1996. 216–AD, 1601 Lind Avenue, SW., Improper installation of the main Jay J. Pardee, Renton, Washington 98055–4056. battery shunt and ground stud The service information referenced in connection of the main battery, if not Manager, Engine and Propeller Directorate, this AD may be obtained from Boeing Aircraft Certification Service. corrected, could cause an interruption Commercial Airplane Group, P.O. Box [FR Doc. 96–22771 Filed 9–16–96; 8:45 am] of electrical power and loss of battery 3707, Seattle, Washington 98124–2207. power to the HBB during flight. BILLING CODE 4910±13±U This information may be examined at the FAA, Transport Airplane Explanation of Relevant Service Directorate, 1601 Lind Avenue, SW., Information 14 CFR Part 39 Renton, Washington; or at the Office of The FAA has reviewed and approved [Docket No. 96±NM±216±AD; Amendment the Federal Register, 800 North Capitol Boeing Alert Service Bulletin 767– 39±9757; AD 96±19±10] Street, NW., suite 700, Washington, DC. 24A0112, Revision 1, dated August 8, FOR FURTHER INFORMATION CONTACT: 1996, which describes procedures for RIN 2120±AA64 Chris Hartonas, Aerospace Engineer, inspection of the main battery shunt to Systems and Equipment Branch, ANM– Airworthiness Directives; Boeing detect contaminated fasteners, missing 130S, FAA, Seattle Aircraft Certification Model 767 Series Airplanes pressure washers or washers having an Office, 1601 Lind Avenue, SW., Renton, incorrect part number, or damage to the AGENCY: Federal Aviation Washington; telephone (206) 227–2864; terminal posts or to the plastic base, and Administration, DOT. fax (206) 227–1181. replacement of the main battery shunt, ACTION: Final rule; request for SUPPLEMENTARY INFORMATION: The FAA if necessary. The alert service bulletin comments. recently received a report indicating also describes inspection of certain that interruptions of electrical power wire, washers, and brass jam nuts to SUMMARY: This amendment adopts a occurred during flight on a Boeing detect any discrepancy, and new airworthiness directive (AD) that is Model 767 series airplane. These power replacement of any discrepant part with applicable to certain Boeing Model 767 interruptions resulted in the loss of a serviceable part. Additionally, the series airplanes. This action requires a battery power to the hot battery bus alert service bulletin describes one-time inspection to detect (HBB). The HBB is the source of standby procedures for an inspection of the main discrepancies of the main battery shunt, power to the airplane. Investigation battery ground stud to verify the torque and replacement with a serviceable part, revealed that the reported loss of power and resistance, and adjustment of the if necessary. This action also requires to the HBB occurred due to cracked torque and resistance, if necessary. inspection of certain wires, washers, shunts, improper installation of Explanation of the Requirements of the and brass jam nuts to detect any fasteners on the shunt studs, and Rule discrepancy, and replacement with a improper torque of shunt fasteners. It serviceable part, if necessary. appears that the improper installation of Since an unsafe condition has been Additionally, this action requires fasteners on the shunt studs and identified that is likely to exist or inspection, and adjustment if necessary, improper torque of shunt fasteners develop on other Boeing Model 767 of the torque and resistance of the occurred during manufacture. series airplanes of the same type design, installation of the main battery ground Loose fasteners on the shunt studs can this AD is being issued to prevent stud. This amendment is prompted by create an open circuit or high resistance interruption of the electrical power reports of interruptions of electrical in the connection of the main battery during flight, which could result in loss power during flight due to improper ground stud, which can cause an of battery power to the source of installation of the main battery shunt interruption of the battery charger and standby power for the airplane. This AD and ground stud connection of the main the loss of the HBB. The loss of the HBB requires inspection of the main battery battery. The actions specified in this AD and associated loads will cause multiple shunt to detect contaminated fasteners, are intended to prevent such electrical advisory level messages on the Engine missing pressure washers or washers power interruptions, which could result Indication and Crew Alerting System having an incorrect part number, or Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48821 damage to the terminal posts or to the postcard will be date stamped and provision, regardless of whether it has been plastic base, and replacement of the returned to the commenter. modified, altered, or repaired in the area main battery shunt, if necessary. This subject to the requirements of this AD. For Regulatory Impact AD also requires inspection of certain airplanes that have been modified, altered, or repaired so that the performance of the wire, washers, and brass jam nuts to The regulations adopted herein will requirements of this AD is affected, the detect any discrepancy, and not have substantial direct effects on the owner/operator must request approval for an replacement of any discrepant part with States, on the relationship between the alternative method of compliance in a serviceable part. Additionally, this AD national government and the States, or accordance with paragraph (b) of this AD. requires an inspection of the main on the distribution of power and The request should include an assessment of battery ground stud to verify the torque responsibilities among the various the effect of the modification, alteration, or and resistance, and adjustment of the levels of government. Therefore, in repair on the unsafe condition addressed by torque and resistance, if necessary. The accordance with Executive Order 12612, this AD; and, if the unsafe condition has not actions are required to be accomplished been eliminated, the request should include it is determined that this final rule does specific proposed actions to address it. in accordance with the alert service not have sufficient federalism bulletin described previously. Compliance: Required as indicated, unless implications to warrant the preparation accomplished previously. Determination of Rule’s Effective Date of a Federalism Assessment. To prevent interruptions of electrical The FAA has determined that this power during flight, which could result in Since a situation exists that requires regulation is an emergency regulation loss of battery power to the source of standby the immediate adoption of this that must be issued immediately to power for the airplane, accomplish the regulation, it is found that notice and correct an unsafe condition in aircraft, following: opportunity for prior public comment and that it is not a ‘‘significant (a) Within 45 days after the effective date hereon are impracticable, and that good regulatory action’’ under Executive of this AD, accomplish the actions specified in paragraphs (a)(1), (a)(2) and (a)(3) of this cause exists for making this amendment Order 12866. It has been determined effective in less than 30 days. AD, in accordance with Boeing Alert Service further that this action involves an Bulletin 767–24A0112, Revision 1, August 8, Comments Invited emergency regulation under DOT 1996. Regulatory Policies and Procedures (44 Although this action is in the form of (1) Perform an inspection of the main FR 11034, February 26, 1979). If it is battery shunt, to detect any contaminated a final rule that involves requirements determined that this emergency fasteners, missing pressure washers or affecting flight safety and, thus, was not regulation otherwise would be washers having an incorrect part number, or preceded by notice and an opportunity significant under DOT Regulatory damage to terminal posts or to the plastic for public comment, comments are base. If any discrepancy is found, prior to Policies and Procedures, a final invited on this rule. Interested persons further flight, replace the main battery shunt, regulatory evaluation will be prepared are invited to comment on this rule by in accordance with the alert service bulletin. and placed in the Rules Docket. A copy submitting such written data, views, or (2) Perform an inspection of the wires, of it, if filed, may be obtained from the arguments as they may desire. washers, and brass jam nuts to detect any Rules Docket at the location provided contamination or damage. If any discrepancy Communications shall identify the under the caption ADDRESSES. is found, prior to further flight, replace the Rules Docket number and be submitted discrepant part with a serviceable part, in in triplicate to the address specified List of Subjects in 14 CFR Part 39 accordance with the alert service bulletin. under the caption ADDRESSES. All Air transportation, Aircraft, Aviation (3) Inspect the torque and electrical communications received on or before resistance of the installation of the main safety, Incorporation by reference, battery ground stud, and adjust the torque the closing date for comments will be Safety. considered, and this rule may be and electrical resistance of the ground stud, amended in light of the comments Adoption of the Amendment in accordance with the alert service bulletin. (b) An alternative method of compliance or received. Factual information that Accordingly, pursuant to the adjustment of the compliance time that supports the commenter’s ideas and authority delegated to me by the provides an acceptable level of safety may be suggestions is extremely helpful in Administrator, the Federal Aviation used if approved by the Manager, Seattle evaluating the effectiveness of the AD Administration amends part 39 of the Aircraft Certification Office (ACO), FAA, action and determining whether Federal Aviation Regulations (14 CFR Transport Airplane Directorate. Operators shall submit their requests through an additional rulemaking action would be part 39) as follows: needed. appropriate FAA Principal Maintenance Comments are specifically invited on PART 39ÐAIRWORTHINESS Inspector, who may add comments and then send it to the Manager, Seattle ACO. the overall regulatory, economic, DIRECTIVES environmental, and energy aspects of Note 2: Information concerning the the rule that might suggest a need to 1. The authority citation for part 39 existence of approved alternative methods of continues to read as follows: compliance with this AD, if any, may be modify the rule. All comments obtained from the Seattle ACO. submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. (c) Special flight permits may be issued in and after the closing date for comments, § 39.13 [Amended] accordance with sections 21.197 and 21.199 in the Rules Docket for examination by of the Federal Aviation Regulations (14 CFR interested persons. A report that 2. Section 39.13 is amended by 21.197 and 21.199) to operate the airplane to summarizes each FAA-public contact adding the following new airworthiness a location where the requirements of this AD concerned with the substance of this AD directive: can be accomplished. (d) The actions shall be done in accordance will be filed in the Rules Docket. 96–19–10 Boeing: Amendment 39–9757. with Boeing Alert Service Bulletin 767– Commenters wishing the FAA to Docket 96–NM–216–AD. 24A0112, Revision 1, dated August 8, 1996. acknowledge receipt of their comments Applicability: Model 767 series airplanes, submitted in response to this rule must This incorporation by reference was as listed in Boeing Alert Service Bulletin approved by the Director of the Federal submit a self-addressed, stamped 767–24A0112, Revision 1, dated August 8, Register in accordance with 5 U.S.C. 552(a) postcard on which the following 1996; certificated in any category. and 1 CFR part 51. Copies may be obtained statement is made: ‘‘Comments to Note 1: This AD applies to each airplane from Boeing Commercial Airplane Group, Docket Number 96–NM–216–AD.’’ The identified in the preceding applicability P.O. Box 3707, Seattle, Washington 98124– 48822 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

2207. Copies may be inspected at the FAA, removable inspection hole covers for the limit speed on the affected airplanes to Transport Airplane Directorate, 1601 Lind wing front strut attach fittings, and prevent encountering certain potentially Avenue, SW., Renton, Washington; or at the replacing the wing front strut attach hazardous conditions. This amendment Office of the Federal Register, 800 North fittings with fittings of improved design. is prompted by reports of incidents of Capitol Street, NW., suite 700, Washington, aileron buffet or buzz experienced DC. Need for the Correction (e) This amendment becomes effective on during high speed cruise. The actions October 2, 1996. Reference to the Model 7GCAA specified by this AD are intended to Issued in Renton, Washington, on airplanes in the Applicability section of prevent aileron buffet or buzz September 6, 1996. AD 96–18–02 is incorrect (referred to as conditions, which can result in the Darrell M. Pederson, Model 7GCCA airplanes). All other deterioration of the aircraft lateral reference is correct. As written, Acting Manager, Transport Airplane control system characteristics to an Directorate, Aircraft Certification Service. operators of the American Champion unacceptable level. Aircraft Corporation Model 7GCAA [FR Doc. 96–23447 Filed 9–16–96; 8:45 am] EFFECTIVE DATE: October 22, 1996. airplanes would not know that AD 96– BILLING CODE 4910±13±U ADDRESSES: Information concerning the 18–02 applied to their airplanes if the subject of this rule may be obtained Applicability section was the only part from Jet Air Corporation, P.O. Box 245, 14 CFR Part 39 of the AD they referenced. Bellevue, Washington 98009. Correction of Publication Information concerning this rulemaking [Docket No. 96±CE±36±AD; Amendment 39± action may be examined at the Federal 9726; AD 96±18±02] Accordingly, the publication of Aviation Administration (FAA), August 28, 1996 (61 FR 44157), of RIN 2120±AA64 Transport Airplane Directorate, Rules Amendment 39–9726; AD 96–18–02, Docket, 1601 Lind Avenue, SW., Airworthiness Directives; American which was the subject of FR Doc. 96– Renton, Washington. 21746, is corrected as follows: Champion Aircraft Corporation Models FOR FURTHER INFORMATION CONTACT: Stan 8KCAB, 8GCBC, 7GCBC, 7ECA, § 39.13 [Corrected] Wood, Aerospace Engineer, Airframe 7GCAA, and 7KCAB Airplanes; Branch, ANM–120S, FAA, Seattle Correction On page 44159, in the second column, § 39.13, the Applicability section of the Aircraft Certification Office, 1601 Lind AGENCY: Federal Aviation AD, the 34th line from the top of the Avenue, SW., Renton, Washington; Administration, DOT. column, correct ‘‘7GCCA’’ to ‘‘7GCAA’’. telephone (206) 227–2772; fax (206) 227–1181. ACTION: Final rule; correction. Action is taken herein to correct this reference in AD 96–18–02 and to add SUPPLEMENTARY INFORMATION: A SUMMARY: This action makes a this AD correction to section 39.13 of proposal to amend part 39 of the Federal correction to Airworthiness Directive the Federal Aviation Regulations (14 Aviation Regulations (14 CFR part 39) to (AD) 96–18–02, which was published in CFR 39.13). include an airworthiness directive (AD) the Federal Register on August 28, 1996 The effective date remains September that is applicable to certain Gates Learjet (61 FR 44157), and concerns American 20, 1996. Model 35 and 36 series airplanes that Champion Aircraft Corporation Models Issued in Kansas City, Missouri on have been modified in accordance with 8KCAB, 8GCBC, 7GCBC, 7ECA, 7GCAA, September 10, 1996. Raisbeck Supplemental Type Certificate and 7KCAB airplanes. Reference to the Henry A. Armstrong, (STC) SA766NW was published in the Federal Register on May 13, 1996 (61 Model 7GCAA airplanes in the Acting Manager, Small Airplane Directorate, Applicability section of that AD is Aircraft Certification Service. FR 21982). That action proposed to require a reduction of the maximum incorrect (referred to as Model 7GCCA [FR Doc. 96–23706 Filed 9–16–96; 8:45 am] airplanes). All other reference is correct. operating limit speed on the affected The AD currently requires installing BILLING CODE 4910±13±U airplanes to prevent encountering removable inspection hole covers for the certain potentially hazardous wing front strut attach fittings, and 14 CFR Part 39 conditions. replacing the wing front strut attach Interested persons have been afforded fittings with fittings of improved design. [Docket No. 96±NM±63±AD; Amendment an opportunity to participate in the This action corrects the AD to reflect the 39±9759; AD 96±19±13] making of this amendment. Due consideration has been given to the correct airplane model designation in RIN 2120±AA64 the Applicability section. single comment received. EFFECTIVE DATE: September 20, 1996. Airworthiness Directives; Gates Learjet Request to Require New Part Numbers FOR FURTHER INFORMATION CONTACT: Ms. Model 35 and 36 Series Airplanes of Modified Parts Karen Forest, Aerospace Engineer, Modified by Raisbeck Supplemental Type Certificate (STC) SA766NW One commenter requests that the Federal Aviation Administration (FAA), proposal be revised to require that, once Chicago Aircraft Certification Office, AGENCY: Federal Aviation the overspeed warning switch is 2300 E. Devon Avenue, Des Plaines, Administration, DOT. recalibrated and the airspeed indicators Illinois 60018; telephone (847) 294– ACTION: Final rule. are modified [in accordance with 7697; facsimile (847) 294–7834. OPTION I of the proposed AD], new SUPPLEMENTARY INFORMATION: On August SUMMARY: This amendment adopts a part numbers should be assigned to 20, 1996, the FAA issued AD 96–18–02, new airworthiness directive (AD), those items. Additionally, the Amendment 39–9726 (61 FR 44157, applicable to certain Gates Learjet commenter requests that a parts catalog August 28, 1996), which applies to Model 35 and 36 series airplanes that supplement be issued with the STC, American Champion Aircraft have been modified in accordance with calling out the correct new part number Corporation Models 8KCAB, 8GCBC, Raisbeck Supplemental Type Certificate of the devices for future reference by 7GCBC, 7ECA, 7GCAA, and 7KCAB (STC) SA766NW, that requires a maintenance personnel. The commenter airplanes. This AD requires installing reduction of the maximum operating considers that merely ink-stamping Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48823 these parts once the required actions grant of exemption, including, but not For the reasons discussed above, I have been accomplished on them, as the limited to, information concerning: certify that this action (1) Is not a proposed rule specifies, is not generally —the number of flights the airplane has ‘‘significant regulatory action’’ under acceptable practice. The commenter flown in conditions involving high Executive Order 12866; (2) is not a states that, if either of those items is weight, high altitude, and high speed; ‘‘significant rule’’ under DOT replaced in the future, there is no and Regulatory Policies and Procedures (44 mechanism in place that would prevent —if any incident of buffet or buzz was FR 11034, February 26, 1979); and (3) the installation of a standard observed during flight in those will not have a significant economic (unmodified) part number device in the conditions. impact, positive or negative, on a airplane. Therefore, the airplane would Based on the data submitted with the substantial number of small entities no longer be in compliance with the AD, petition, the FAA will determine on a under the criteria of the Regulatory and would not be airworthy. case- by-case basis if a flight evaluation Flexibility Act. A final evaluation has . The FAA does not concur with the or other additional data are necessary to been prepared for this action and it is commenters request for two reasons: determine if granting the petition would contained in the Rules Docket. A copy 1. First, assigning and changing part not adversely affect safety, and would of it may be obtained from the Rules numbers, and developing a parts catalog be in the public interest. Docket at the location provided under supplement, would be more labor- the caption ADDRESSES. intensive and time consuming than ink- Cost Impact stamping a recalibrated or modified There are approximately 29 Gates List of Subjects in 14 CFR Part 39 part. Additionally, the FAA is not Learjet Model 35 and 36 series airplanes Air transportation, Aircraft, Aviation convinced that the actions suggested by of the affected design in the worldwide safety, Safety. the commenter would be any more fleet. The FAA estimates that at least 1 effective than the requirements of this airplane of U.S. registry will be affected Adoption of the Amendment AD. by this proposed AD. Accordingly, pursuant to the 2. Second, to show that actions To accomplish the removal and authority delegated to me by the specified in this AD have been complied recalibration of the airspeed indicators Administrator, the Federal Aviation with, it is necessary for the operator to and Mach overspeed warning switch, Administration amends part 39 of the make a maintenance log book entry and to revise the AFM Supplement, as Federal Aviation Regulations (14 CFR indicating that the modified and ink- provided by ‘‘Option I’’ of the proposed part 39) as follows: stamped warning switch and airspeed rule, it will take approximately 5 work indicators are installed. If these items hours per airplane, at an average labor PART 39ÐAIRWORTHINESS are replaced in the future (with parts rate of $60 per work hour. The FAA DIRECTIVES that are not modified and not ink- estimates that it will cost approximately 1. The authority citation for part 39 stamped), a review of the log book entry $1,000 per airplane to reset the airspeed continues to read as follows: would readily inform the mechanic or indicators and Mach overspeed warning inspector that the airplane is not in switch. Based on these figures, the cost Authority: 49 U.S.C. 106(g), 40113, 44701. compliance with the AD. Further, this impact of this action (Option 1 of the § 39.13 [Amended] process for verifying compliance would AD) on U.S. operators is estimated to be $1,300 per airplane. 2. Section 39.13 is amended by be identical whether the part is ink- adding the following new airworthiness stamped or has a new part number. To accomplish the removal of the STC modifications, as provided by ‘‘Option directive: Conclusion II’’ of the rule, it will take approximately 96–19–13 Gates Learjet: Amendment 39– After careful review of the available 100 work hours per airplane, at an 9759. Docket 96–NM–63–AD. data, including the comments noted average labor rate of $60 per work hour. Applicability: Model 35, 35A, 36, and 36A above, the FAA has determined that air Based on these figures, the cost impact series airplanes; certificated in any category; safety and the public interest require the of this action (Option II of the AD) on that have been modified in accordance with adoption of the rule as proposed. U.S. operators is estimated to be $6,000 Raisbeck Group Supplemental Type per airplane. Certificate (STC) SA766NW, and that do not Petitioning for an Exemption of the have one of the airplane serial numbers listed The cost impact figures discussed in Table 1 of this AD. Requirements of the Final Rule above are based on assumptions that no Affected operators should note that operator has yet accomplished any of Table 1.—Serial Numbers* NOT the aileron instability that is the subject the requirements of this AD action, and affected by this AD of this AD is a condition affected by the that no operator would accomplish 35–023 35A–092 35A–192 36–004 contour of the wing leading edge, which those actions in the future if this AD 35–034 35A–093 35A–203 36–017 is a function of manufacturing were not adopted. 35–042 35A–095 35A–206 36–028 tolerances. In light of this, the FAA Regulatory Impact 35–044 35A–118 35A–207 36A–029 recognizes that not all airplanes 35–047 35A–127 35A–209 36A–031 modified in accordance with Raisbeck The regulations adopted herein will 35A–068 35A–132 35A–228 36A–038 STC SA766NW may exhibit the problem not have substantial direct effects on the 35A–073 35A–135 35A–231 36A–043 of aileron buffet or buzz below .83 States, on the relationship between the 35A–075 35A–145 35A–244 36A–044 Mach. Operators of those airplanes may national government and the States, or 35A–076 35A–172 35A–245 wish to petition the FAA for an on the distribution of power and 35A–086 35A–185 36–003 responsibilities among the various *Airplanes having the serial numbers list- exemption from the requirements of the ed in Table 1 are subject to similar require- rule, under the provisions of part 11 of levels of government. Therefore, in ments mandated by AD 85–16–04, amend- the Federal Aviation Regulations (14 accordance with Executive Order 12612, ment 39–5110. CFR 11), ‘‘General Rulemaking it is determined that this final rule does Note 1: This AD applies to each airplane Procedures.’’ not have sufficient federalism as indicated in the preceding applicability Petitioners for such an exemption implications to warrant the preparation provision, regardless of whether it has been must provide data that would justify a of a Federalism Assessment. 48824 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations otherwise modified, altered, or repaired in Inspector, who may add comments and then Aviation Administration, 601 East 12th the area subject to the requirements of this send it to the Manager, Seattle ACO. Street, Kansas City, Missouri 64106; AD. For airplanes that have been modified, Note 2: Information concerning the telephone: (816) 426–3408. altered, or repaired so that the performance existence of approved alternative methods of of the requirements of this AD is affected, the compliance with this AD, if any, may be SUPPLEMENTARY INFORMATION: The FAA owner/operator must request approval for an obtained from the Seattle ACO. has reviewed the controlled airspace at alternative method of compliance in (c) Special flight permits may be issued in Whiteman AFB, Knob Noster, MO. The accordance with paragraph (b) of this AD. accordance with sections 21.197 and 21.199 exiting Class D airspace does not protect The request should include an assessment of of the Federal Aviation Regulations (14 CFR the effect of the modification, alteration, or the point at which arrivals leave 1,000 repair on the unsafe condition addressed by 21.197 and 21.199) to operate the airplane to feet AGL. Therefore, we have added a this AD; and, if the unsafe condition has not a location where the requirements of this AD 0.5 mile extension on the north. The been eliminated, the request should include can be accomplished. amendment to Class D airspace at Knob specific proposed actions to address it. (d) This amendment becomes effective on October 22, 1996. Noster, MO, will provide additional Compliance: Required as indicated, unless controlled airspace to segregate aircraft accomplished previously. Issued in Renton, Washington, on September 10, 1996. operating under Visual Flight Rules To prevent deterioration of the airplane’s (VFR) from aircraft operating under James V. Devany, lateral control characteristics as a result of instrument Flight Rules (IFR) aileron buffet or buzz, accomplish the Acting Manager, Transport Airplane procedures while arriving or departing following: Directorate, Aircraft Certification Service. the airport. The area will be depicted on (a) Within 200 hours time-in-service after [FR Doc. 96–23710 Filed 9–16–96; 8:45 am] the effective date of this AD, or within 6 appropriate aeronautical charts thereby months after the effective date of this AD, BILLING CODE 4910±13±U enabling pilots to either circumnavigate whichever occurs first, accomplish either the area, continue to operate under VFR paragraph (a)(1) (‘‘OPTION I’’) or (a)(2) 14 CFR Part 71 to and from the airport, or otherwise (‘‘OPTION II’’) of this AD: comply with IFR procedures. Class D (1) OPTION I. Permanently reduce the [Docket No. 96±ACE±13] airspace areas extending upward from airplane’s maximum operating Mach limit the surface of the earth are published in (MMO) by accomplishing the actions specified Amendment to Class D Airspace, Knob paragraph 5000 of FAA Order 7400.9C, in paragraphs (a)(1)(i), (a)(1)(ii), and (a)(1)(iii) Noster, MO of this AD: dated August 17, 1995, and effective (i) Submit the FAA-approved STC AGENCY: Federal Aviation September 16, 1995, which is SA766NW Airplane Flight Manual Administration (FAA), DOT. incorporated by reference in 14 CFR Supplement to the Manager, Flight Test 71.1. The Class D airspace designation Branch, ANM–160S, Seattle Aircraft ACTION: Direct final rule; request for comments. listed in this document will be Certification Office, FAA, Transport Airplane published subsequently in the order. Directorate, 1601 Lind Avenue SW., Renton, SUMMARY: This action amends the Class Washington 98055–4056; to change the limit The Direct Final Rule Procedure Mach number from .83 to .80. And D airspace area at Whiteman AFB, Knob (ii) Remove the Mach overspeed warning Noster, MO. A review of military The FAA anticipates that this switch and have it reset from Mach .83 to instrument approach procedures found regulation will not result in adverse or Mach .80. Contact the manufacturer, that there is not sufficient Class D PRECISION SENSOR, P.O. Box 509, Milford, negative comment and, therefore, is airspace and requires an increase of 0.5 issuing it as a direct final rule. Previous Connecticut 06460; telephone number (203) mile extension to the north in order to 877–2795; to have the instrument actions of this nature have not been recalibrated. Reidentify the recalibrated protect the point at which arrivals leave controversial and have not resulted in Mach overspeed warning switch by ink- 1,000 feet AGL. The effect of this rule adverse comments or objections. The stamping the words ‘‘Mach limit .80’’ is to provide additional controlled amendment will enhance safety for all adjacent to the part number. Reinstall the airspace for aircraft executing the SIAPs flight operations by designating an area Mach overspeed warning switch after it has at Whiteman AFB. where VFR pilots may anticipate the been so recalibrated. And DATES: Effective date. January 30, 1997. (iii) Remove the pilot’s and copilot’s presence of IFR aircraft at lower Comment date. Comments must be altitudes, especially during inclement airspeed indicators and have them modified received on or before October 25, 1996. by changing the ‘‘barber pole’’ from Mach weather conditions. A greater degree of number .83 to Mach number .80. The ADDRESSES: Send comments regarding safety is achieved by depicting the area instrument must be recalibrated by the the rule in triplicate to: Manager, on aeronautical charts. Unless a written instrument manufacturer or a certified repair Operations Branch, Air Traffic Division, adverse or negative comment, or a station. Reidentify the modified airspeed ACE–530, Federal Aviation written notice of intent to submit an indicators by ink stamping ‘‘Mach limit .80’’ Administration, Docket Number 96– adverse or negative comment is received adjacent to the part number. Reinstall the ACE–13, 601 East 12th St., Kansas City, within the comment period, the pilot’s and copilot’s airspeed indicators after MO 64106. they have been so modified. regulation will become effective on the (2) OPTION II. Remove the modifications The official docket may be examined date specified above. After the close of installed in accordance with Raisbeck Group in the Office of the Assistant Chief the comment period, the FAA will STC SA766NW, and return the aircraft either Counsel for the Central Region at the publish a document in the Federal to the original type design configuration, or same address between 9:00 a.m. and Register indicating that no adverse or to the Gates Learjet ‘‘Softflight’’ 3:00 p.m., Monday through Friday, negative comments were received, configuration. except federal holidays. confirming the date on which the final (b) An alternative method of compliance or An informal docket may also be rule will become effective. If the FAA adjustment of the compliance time that examined during normal business hours does receive an adverse or negative provides an acceptable level of safety may be in the Air Traffic Division at the same comment within the comment period, or used if approved by the Manager, Seattle address listed above. Aircraft Certification Office (ACO), FAA, written notice of intent to submit such Transport Airplane Directorate. Operators FOR FURTHER INFORMATION CONTACT: a comment, a document withdrawing shall submit their requests through an Kathy Randolph, Air Traffic Division, the direct final rule will be published in appropriate FAA Principal Maintenance Operations Branch, ACE–530C, Federal the Federal Register, and a notice of Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48825 proposed rulemaking may be published rule’’ under Department of 14 CFR Part 71 with a new comment period. Transportation (DOT) Regulatory [Airspace Docket No. 96±AGL±11] Policies and Procedures (44 FR 11034, Comments Invited February 26, 1979); and (3) if Establishment of Class E Airspace; Although this action is in the form of promulgated, will not have a significant Miller, SD a final rule and was not preceded by a economic impact, positive or negative, notice of proposed rulemaking, on a substantial number of small entities AGENCY: Federal Aviation comments are invited on this rule. under the criteria of the Regulatory Administration (FAA), DOT. Interested persons are invited to Flexibility Act. ACTION: Final rule. comment on this rule by submitting such written data, views, or arguments List of Subjects in 14 CFR Part 71 SUMMARY: This action establishes Class as they may desire. Communications E airspace at Miller Municipal Airport, Airspace, Incorporation by reference, should identify the Rules Docket Miller, SD, to accommodate a Navigation (air). number and be submitted in triplicate to Nondirectional Beacon (NDB) to serve the address specified under the caption Adoption of the Amendment Runway 15. Controlled airspace ‘‘ADDRESSES.’’ All communications extending upward from 700 to 1200 feet received on or before the closing date Accordingly, the Federal Aviation above ground level (AGL) is needed to for comments will be considered, and Administration amends Part 71 of the contain aircraft executing the approach. this rule may be amended or withdrawn Federal Aviation Regulations (14 CFR The intended affect of this action is to in light of the comments received. Part 71) as follows: provide segregation of aircraft using Factual information that supports the instrument approach procedures in PART 71Ð[AMENDED] commenter’s ideas and suggestions is instrument conditions from other extremely helpful in evaluating the aircraft operating in visual weather 1. The authority citation for Part 71 effectiveness of this action and conditions. continues to read as follows: determining whether additional EFFECTIVE DATE: 0901 UTC, December 5, rulemaking action would be needed. Authority: 49 U.S.C. 106(g); 40103, 40113, 1996. Comments are specifically invited on 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– FOR FURTHER INFORMATION CONTACT: John the overall regulatory, economic, 1963 Comp., p. 389; 14 CFR 11.69. A. Clayborn, Air Traffic Division, environmental, and energy aspects of 71.1 [Amended] Operations Branch, AGL–530, Federal the rule that might suggest a need to Aviation Administration, 2300 East modify the rule. All comments 2. The incorporation by reference in Devon Avenue, Des Plaines, Illinois submitted will be available, both before 14 CFR 71.1 of Federal Aviation 60018, telephone (847) 294–7568. and after the closing date for comments Administration Order 7400.9C, Airspace in the Rules Docket for examination by Designations and Reporting Points, SUPPLEMENTARY INFORMATION: interested persons. A report that dated August 17, 1995, and effective History summarizes each FAA-public contact September 16, 1995, is amended as concerned with the substance of this follows: On Wednesday, July 3, 1996, the FAA action will be filed in the Rules Docket. proposed to amend part 71 of the Commenters wishing the FAA to Paragraph 5000 Class D airspace areas Federal Aviation Regulations (14 CFR extending upward from the surface of the part 71) to accommodate an NDB at acknowledge receipt of their comments earth. submitted in response to this rule must Miller Municipal Airport, Miller, SD (61 submit a self-addressed, stamped * * * * * FR 34769). The proposal was to add postcard on which the following ACE MO D Knob Noster, MO [Revised] controlled airspace extending upward statement is made: ‘‘Comments to Whiteman AFB, MO from 700 to 1200 feet AGL to contain Docket No. 96–ACE–13.’’ The postcard (Lat. 38°43′49′′ N., long., 93°32′53′′ W.) Instrument Flight Rules (IFR) operations will be date stamped and returned to the Whiteman TACAN in controlled airspace during portions of commenter. (Lat. 38°44′09′′ N., long. 93°33′02′′ W.) the terminal operations and while transiting between the enroute and Agency Findings That airspace extending upward from the surface to and including 3,400 feet MSL and terminal environments. The regulations adopted herein will within a 4.6-mile radius of Whiteman AFB Interested parties were invited to not have substantial direct effects on the and within 1.8 miles each side of the participate in this rulemaking States, on the relationship between the Whiteman TACAN 185° radial extending proceeding by submitting written national government and the States, or from the 4.6 radius to 6.1 miles south of the comments on the proposal to the FAA. on the distribution of power and TACAN and within 1 mile each side of the No comments objecting to the proposal responsibilities among the various Whiteman TACAN 008° radial extending were received. Class E airspace levels of government. Therefore, in from the 4.6 radius to 5.1 miles north of the designations for airspace areas accordance with Executive Order 12612, TACAN. This Class D airspace area is extending upward from 700 feet or more it is determined that this final rule does effective during the specified dates and times above the surface of the earth are not have sufficient federalism established in advance by Notice to Airmen. published in paragraph 6005 of FAA The effective date and time will thereafter be implications to warrant the preparation continuously published in the Airport/ Order 7400.9C dated August 17, 1995, of a Federalism Assessment. Facility Directory. and effective September 16, 1995, which The FAA has determined that this is incorporated by reference in 14 CFR regulation is noncontroversial and * * * * * 71.1. The Class E airspace designation unlikely to result in adverse or negative Issued in Kansas City, Mo, on August 16, 1996. listed in this document will be comments. For the reasons discussed in published subsequently in the Order. the preamble, I certify that this Herman J. Lyons, Jr., regulation (1) is not a ‘‘significant Manager, Air Traffic Division, Central Region. The Rule regulatory action’’ under Executive [FR Doc. 96–23809 Filed 9–16–96; 8:45 am] This amendment to part 71 of the Order 12866; (2) is not a ‘‘significant BILLING CODE 4910±13±M Federal Aviation Regulations (14 CFR 48826 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations part 71) establishes Class E airspace at and northwest by V–263, on the south by V– 2. The FAA Regional Office of the Miller Municipal Airport, Miller, SD, to 120, and on the east by V–15 excluding the region in which the affected airport is accommodate an NDB. Controlled Aberdeen, SD; the Pierre, SD; the Mitchell, located. SD; and the Huron, SD, 1,200 foot Class E By Subscription—Copies of all SIAPs, airspace extending upward from 700 to airspace areas and all federal airways. 1200 feet AGL is needed to contain mailed once every 2 weeks, are for sale aircraft executing the approach. The * * * * * by the Superintendent of Documents, Issued in Des Plaines, Illinois on area will be depicted on appropriate September 4, 1996. U.S. Government Printing Office, aeronautical charts thereby enabling Washington, DC 20402. Maureen Woods, pilots to circumnavigate the area or FOR FURTHER INFORMATION CONTACT: Manager, Air Traffic Division. Paul otherwise comply with IFR procedures. J. Best, Flight Procedures Standards [FR Doc. 96–23804 Filed 9–16–96; 8:45 am] The FAA has determined that this Branch (AFS–420), Technical Programs regulation only involves an established BILLING CODE 4910±13±M Division, Flight Standards Service, body of technical regulations for which Federal Aviation Administration, 800 frequent and routine amendments are 14 CFR Part 97 Independence Avenue, SW., necessary to keep them operationally Washington, DC 20591; telephone (202) current. Therefore, this regulation—(1) [Docket No. 28675; Amdt. No. 1751] 267–8277. Is not a ‘‘significant regulatory action’’ RIN 2120±AA65 SUPPLEMENTARY INFORMATION: This under Executive Order 12866; (2) is not amendment to part 97 of the Federal a ‘‘significant rule’’ under DOT Standard Instrument Approach Aviation Regulations (14 CFR part 97) Regulatory Policies and Procedures (44 Procedures; Miscellaneous establishes, amends, suspends, or FR 11034; February 26, 1979); and (3) Amendments revokes Standard Instrument Approach does not warrant preparation of a Procedures (SIAPs). The complete Regulatory Evaluation as the anticipated AGENCY: Federal Aviation Administration (FAA), DOT. regulatory description of each SIAP is impact is so minimal. Since this is a contained in official FAA form ACTION: Final rule. routine matter that will only affect air documents which are incorporated by traffic procedures and air navigation, it reference in this amendment under 5 is certified that this rule will not have SUMMARY: This amendment establishes, amends, suspends, or revokes Standard U.S.C. 552(a), 1 CFR part 51, and § 97.20 a significant economic impact on a of the Federal Aviation Regulations substantial number of small entities Instrument Approach Procedures (SIAPs) for operations at certain (FAR). The applicable FAA Forms are under the criteria of the Regulatory identified as FAA Forms 8260–3, 8260– Flexibility Act. airports. These regulatory actions are needed because of the adoption of new 4, and 8260–5. Materials incorporated List of Subjects in 14 CFR Part 71 or revised criteria, or because of changes by reference are available for Airspace, Incorporation by reference, occurring in the National Airspace examination or purchase as stated Navigation (air). System, such as the commissioning of above. new navigational facilities, addition of The large number of SIAPs, their Adoption of the Amendment new obstacles, or changes in air traffic complex nature, and the need for a In consideration of the foregoing, the requirements. These changes are special format make their verbatim Federal Aviation Administration designed to provide safe and efficient publication in the Federal Register amends 14 CFR part 71 as follows: use of the navigable airspace and to expensive and impractical. Further, promote safe flight operations under airmen do not use the regulatory text of PART 71Ð[AMENDED] instrument flight rules at the affected the SIAPs, but refer to their graphic depiction on charts printed by 1. The authority citation for 14 CFR airports. publishers of aeronautical materials. part 71 continues to read as follows: DATES: An effective date for each SIAP is specified in the amendatory Thus, the advantages of incorporation Authority: 49 U.S.C. 106(g), 40103, 40113, provisions. by reference are realized and 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– publication of the complete description 1963 Comp., p. 389; 14 CFR 11.69. Incorporation by reference—approved by the Director of the Federal Register of each SIAP contained in FAA form § 71.1 [Amended] on December 31, 1980, and reapproved documents is unnecessary. The 2. The incorporation by reference in as of January 1, 1982. provisions of this amendment state the 14 CFR 71.1 of the Federal Aviation ADDRESSES: Availability of matters affected CFR (and FAR) sections, with Administration Order 7400.9C, Airspace incorporated by reference in the the types and effective dates of the Designation and Reporting Points, dated amendment is as follows: SIAPs. This amendment also identifies August 17, 1995, and effective For Examination— the airport, its location, the procedure September 16, 1995, is amended as 1. FAA Rules Docket, FAA identification and the amendment follows: Headquarters Building, 800 number. Independence Avenue, SW., Paragraph 6005 Class E airspace areas The Rule Washington, DC 20591; extending upward from 700 feet or more This amendment to part 97 is effective above the surface of the earth. 2. The FAA Regional Office of the region in which the affected airport is upon publication of each separate SIAP * * * * * located; or as contained in the transmittal. Some AGL SD/E5 Miller, SD [New] 3. The Flight Inspection Area Office SIAP amendments may have been Miller Municipal Airport, SD which originated the SIAP. previously issued by the FAA in a (Lat. 44°31′31′′ N, long. 98°57′29′′ W) For Purchase—Individual SIAP National Flight Data Center (FDC) That airspace extending upward from 700 copies may be obtained from: Notice to Airmen (NOTAM) as an feet above the surface within a 6.6-mile 1. FAA Public Inquiry Center (APA– emergency action of immediate flight radius of the Miller Municipal Airport and 200), FAA Headquarters Building, 800 safety relating directly to published that airspace extending upward from 1,200 Independence Avenue, SW., aeronautical charts. The circumstances feet above the surface bounded on the west Washington, DC 20591; or which created the need for some SIAP Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48827 amendments may require making them §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33 Gaylord, MI, Otsego County, NDB RWY 9, effective in less than 30 days. For the [Amended] Amdt 11 remaining SIAPs, an effective date at By amending: § 97.23 VOR, VOR/ St. Louis, MO, Lambert-St Louis Intl, ILS least 30 days after publication is DME, VOR or TACAN, and VOR/DME RWY 24, Amdt 44 or TACAN; § 97.25 LOC, LOC/DME, Lincoln, NE Lincoln Muni, GPS RWY 14, provided. Orig Further, the SIAPs contained in this LDA, LDA/DME, SDF, SDF/DME; Greensboro, NC, May, VOR/DME OR GPS–A, amendment are based on the criteria § 97.27 NDB, NDB/DME; § 97.29 ILS, Amdt 2 contained in the U.S. Standard for ILS/DME, ISMLS, MLS, MLS/DME, Kinston, NC, Kinston Regional Jetport at Terminal Instrument Approach MLS/RNAV; § 97.31 RADAR SIAPs; Stallings Field, LOC BC Rwy 23, Orig, Procedures (TERPS). In developing § 97.33 RNAV SIAPs; and § 97.35. CANCELLED these SIAPs, the TERPS criteria were COPTER SIAPs, identified as follows: North Wilkesboro, NC, Wilkes County, GPS applied to the conditions existing or RWY 1, Orig ** * Effective October 10, 1996 anticipated at the affected airports. Wilson, NC, Wilson Industrial Air Center, Because of the close and immediate Alliance, NE, Alliance Muni, NDBRWY30, NDB or GPS Rwy 3, Amdt 6 Wilson, NC, Wilson Industrial Air Center, relationship between these SIAPs and Amdt 7 CANCELLED Kearney, NE, Kearney Muni, LOC RWY 36, NDB or GPS Rwy 21, Amdt 1 safety in air commerce, I find that notice Amdt 5A CANCELLED Ardmore, OK, Ardmore Downtown and public procedure before adopting Fort Worth, TX, Luck Field, VOR/DME or Executive, GPS RWY 35, Orig these SIAPs are impracticable and GPS–A, Amdt 1, CANCELLED Claremore, OK, Claremore Muni, GPS RWY contrary to the public interest and, Cumberland, WI, Cumberland Muni, VOR/ 35, Orig where applicable, that good cause exists DME–A, Orig Clinton, OK, Clinton Muni, NDB RWY 35, for making some SIAPs effective in less Amdt 6 ** * Effective November 7, 1996 than 30 days. Clinton, OK, Clinton Muni, GPS RWY 35, The FAA has determined that this Arkadelphia, AR, Arkadelphia Muni, NDB Orig OR GPS RWY 4, Amdt 6 Pauls Valley, OK, Pauls Valley Muni, GPS regulation only involves an established RWY 35, Amdt 1 body of technical regulations for which West Milford, NJ, Greenwood Lake, VOR RWY 6, Orig Anahuac, TX, Chambers County, GPS RWY frequent and routine amendments are West Milford, NJ, Greenwood Lake, VOR OR 12, Orig necessary to keep them operationally GPS–A, Amdt 3, CANCELLED Brownfield, TX, Terry County, GPS RWY 2, current. It, therefore—(1) is not a Saratoga Springs, NY, Saratoga County, Orig ‘‘significant regulatory action’’ under VOR–A, Amdt 5 Center, TX Center Muni, GPS RWY 17, Orig Executive Order 12866; (2) is not a Cleveland, TX, Cleveland Muni, GPS RWY ‘‘significant rule’’ under DOT ** * Effective December 5, 1996 16, Orig Regulatory Policies and Procedures (44 Gulf Shores, AL, Jack Edwards, GPS RWY 27, Llano, TX, Llano Muni, GPS RWY 17, Orig FR 11034; February 26, 1979); and (3) Orig Llano, TX, Llano Muni, GPS RWY 35, Orig Pecos, TX, Pecos Muni, GPS RWY 14, Orig does not warrant preparation of a Anchorage, AK, Anchorage Intl, GPS RWY 14, Orig Port Isabel, TX, Port Isabel-Cameron Co, GPS regulatory evaluation as the anticipated Cordova, AK, Merle K/Mudhole/Smith, GPS RWY 13, Orig impact is so minimal. For the same RWY 27, Orig Ellensburg, WA, Bowers Field, GPS RWY 25, reason, the FAA certifies that this Fairbanks, AK, Fairbanks Intl, GPS RWY 1L, Orig amendment will not have a significant Orig Ellensburg, WA, Bowers Field, VOR OR economic impact on a substantial Ketchikan, AK, Ketchikan Intl, GPS–B, Orig GPS–B, Amdt 1 number of small entities under the Mekoryuk, AK, Mekoryuk, GPS RWY 23, Ellenburg, WA, Bowers Field, VOR OR GPS– criteria of the Regulatory Flexibility Act. Orig A, Amdt 2 Morrilton, AR, Petit Jean Park, NDB OR GPS Vancouver, WA, Pearson Field, LDA–A, Orig List of Subjects in 14 CFR Part 97 RWY 2, Amdt 2, CANCELLED Vancouver, WA, Pearson Field, LOC BC–A, Air traffic control, Airports, Morrilton, AR, Petit Jean Park, GPS RWY 2, Orig, CANCELLED Navigation (air). Orig [FR Doc. 96–23807 Filed 9–16–96; 8:45 am] Palo Alto, CA, Palo Alto Arpt of Santa Clara Issued in Washington, DC on September 6, County, VOR/DME RWY 30, Orig BILLING CODE 4910±13±M 1996. Denver, CO, Jeffco, VOR/DME RWY 29L/R, Thomas C. Accardi, Orig 14 CFR Part 97 Director, Flight Standards Service. Denver, CO, Jeffco, VOR/DME OR GPS RWY 29R, Orig CANCELLED [Docket No. 28676; Amdt. No. 1752] Adoption of the Amendment Denver, CO, Jeffco, ILS RWY 29R, Amdt 13 Accordingly, pursuant to the Denver, CO, Jeffco, GPS RWY 29L, Orig RIN 2120±AA65 authority delegated to me, part 97 of the Denver, CO, Jeffco, GPS RWY 29R, Orig Fort Collins/Loveland, CO, Fort Collins- Standard Instrument Approach Federal Aviation Regulations (14 CFR Loveland Muni, GPS RWY 33, Amdt 1 Procedures; Miscellaneous part 97) is amended by establishing, Kremmling, CO, McElroy Airfield, VOR/DME Amendments amending, suspending, or revoking OR GPS–A, Amdt 2 Standard Instrument Approach Fort Pierce, FL, St. Lucie County Intl, NDB– AGENCY: Federal Aviation Procedures, effective at 0901 UTC on A, Orig Administration (FAA), DOT. the dates specified, as follows: Chicago/Romeoville, IL, Lewis University, ACTION: Final rule. GPS RWY 27, Amdt 1 PART 97ÐSTANDARD INSTRUMENT Boyne Falls, Mi, Boyne Mountain, NDB or SUMMARY: This amendment establishes, APPROACH PROCEDURES GPS–A, Amdt 6 amends, suspends, or revokes Standard Boyne Falls, Mi, Boyne Mountain, VOR/DME Instrument Approach Procedures 1. The authority citation for part 97 is RNAV or GPS–B, Amdt 3 (SIAPs) for operations at certain revised to read as follows: Gaylord, MI, Otsego County, VOR or GPS RWY 27, Orig airports. These regulatory actions are Authority: 49 U.S.C. 106(g), 40103, 40113, needed because of changes occurring in 40120, 44701; and 14 CFR 11.49(b)(2) Gaylord, MI, Otsego County, VOR or GPS RWY 9, Amdt 8, CANCELLED the National Airspace System, such as 2. Part 97 is amended to read as Gaylord, MI, Otsego County, VOR or GPS the commissioning of new navigational follows: RWY 27, Amdt 8, CANCELLED facilities, addition of new obstacles, or 48828 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations changes in air traffic requirements. The large number of SIAPs, their that good cause exists for making these These changes are designed to provide complex nature, and the need for a SIAPs effective in less than 30 days. safe and efficient use of the navigable special format make their verbatim Conclusion airspace and to promote safe flight publication in the Federal Register operations under instrument flight rules expensive and impractical. Further, The FAA has determined that this at the affected airports. airmen do not use the regulatory text of regulation only involves an established DATES: An effective date for each SIAP the SIAPs, but refer to their graphic body of technical regulations for which is specified in the amendatory depiction of charts printed by frequent and routine amendments are provisions. publishers of aeronautical materials. necessary to keep them operationally Incorporation by reference-approved Thus, the advantages of incorporation current. It, therefore—(1) is not a by the Director of the Federal Register by reference are realized and ‘‘significant regulatory action’’ under on December 31, 1980, and reapproved publication of the complete description Executive Order 12866; (2) is not a as of January 1, 1982. of each SIAP contained in FAA form ‘‘significant rule’’ under DOT ADDRESSES: Availability of matter documents is unnecessary. The Regulatory Policies and Procedures (44 incorporated by reference in the provisions of this amendment state the FR 11034; February 26, 1979); and (3) amendment is as follows: affected CFR (and FAR) sections, with does not warrant preparation of a For Examination— the types and effective dates of the regulatory evaluation as the anticipated 1. FAA Rules Docket, FAA SIAPs. This amendment also identifies impact is so minimal. For the same Headquarters Building, 800 the airport, its location, the procedure reason, the FAA certifies that this Independence Avenue, SW., identification and the amendment amendment will not have a significant Washington, DC 20591; number. economic impact on a substantial 2. The FAA Regional Office of the number of small entities under the The Rule region in which affected airport is criteria of the Regulatory Flexibility Act. located; or This amendment to part 97 of the 3. The Flight Inspection Area Office List of Subjects in 14 CFR Part 97 Federal Aviation Regulations (14 CFR which originated the SIAP. part 97) establishes, amends, suspends, Air traffic control, Airports, For Purchase— Individual SIAP or revokes SIAPs. For safety and Navigation (air). copies may be obtained from: 1. FAA Public Inquiry Center (APA– timeliness of change considerations, this Issued in Washington, DC on September 6, 100), FAA Headquarters Building, 800 amendment incorporates only specific 1996. Independence Avenue, SW., changes contained in the content of the Thomas C. Accardi, Washington, DC 20591; or following FDC/P NOTAM for each Director, Flight Standards Service. SIAP. The SIAP information in some 2. The FAA Regional Office of the previously designated FDC/Temporary Adoption of the Amendment region in which the affected airport is (FDC/T) NOTAMs is of such duration as located. Accordingly, pursuant to the By Subscription— Copies of all SIAPs, to be permanent. With conversion to authority delegated to me, part 97 of the mailed once every 2 weeks, are for sale FDC/P NOTAMs, the respective FDC/T Federal Aviation Regulations (14 CFR by the Superintendent of Documents, NOTAMs have been cancelled. part 97) is amended by establishing, US Government Printing Office, The FDC/P NOTAMs for the SIAPs amending, suspending, or revoking Washington, DC 20402. contained in this amendment are based Standard Instrument Approach FOR FURTHER INFORMATION CONTACT: on the criteria contained in the U.S. Procedures, effective at 0901 UTC on Paul J. Best, Flight Procedures Standard for Termination Instrument the dates specified, as follows: Standards Branch (AFS–420), Technical Approach Procedures (TERPS). In PART 97ÐSTANDARD INSTRUMENT Programs Division, Flight Standards developing these chart changes to SIAPs APPROACH PROCEDURES Service, Federal Aviation by FDC/P NOTAMs, the TERPS criteria Administration, 800 Independence were applied to only these specific 1. The authority citation for part 97 is Avenue, SW., Washington, DC 20591; conditions existing at the affected revised to read as follows: telephone (202) 267–8277. airports. All SIAP amendments in this Authority: 49 U.S.C. 40103, 40113, 40120, SUPPLEMENTARY INFORMATION: This rule have been previously issued by the FAA in a National Flight Data Center 44701; 49 U.S.C. 106(g); and 14 CFR amendment to part 97 of the Federal 11.49(b)(2). Aviation Regulations (14 CFR part 97) (FDC) Notice to Airmen (NOTAM) as an establishes, amends, suspends, or emergency action of immediate flight 2. Part 97 is amended to read as revokes Standard Instrument Approach safety relating directly to published follows: Procedures (SIAPs). The complete aeronautical charts. The circumstances which created the need for all these §§ 97.23, 97.25, 97.29, 97.31, 97.33, 97.35 regulatory description on each SIAP is [Amended] contained in the appropriate FAA Form SIAP amendments requires making By amending: § 97.23 VOR, VOR/ 8260 and the National Flight Data them effective in less than 30 days. DME, VOR or TACAN, and VOR/DME Center (FDC)/Permanent (P) Notices to Further, the SIAPs contained in this or TACAN; § 97.25 LOC, LOC/DME, Airmen (NOTAM) which are amendment are based on the criteria LDA, LDA/DME, SDF, SDF/DME; incorporated by reference in the contained in the TERPS. Because of the § 97.27 NDB, NDB/DME; § 97.29 ILS, amendment under 5 U.S.C. 552(a), 1 close and immediate relationship ILS/DME, ISMLS, MLS, MLS/DME, CFR part 51, and § 97.20 of the Federal between these SIAPs and safety in air MLS/RNAV; § 97.31 RADAR SIAPs; Aviations Regulations (FAR). Materials commerce, I find that notice and public § 97.33 RNAV SIAPs; and § 97.35 incorporated by reference are available procedure before adopting these SIAPs COPTER SIAPs, identified as follows: for examination or purchase as stated are impracticable and contrary to the above. public interest and, were applicable, ** * Effective Upon Publication Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48829

FDC date State City Airport FDC No. SIAP

08/13/96 ...... NH Lebanon ...... Lebanon Muni ...... FDC 6/5998 NDB or GPS±B, AMDT 3...THIS REPLACES NOTAM 6/5252 LEB 08/19/96 ...... MS Jackson ...... Jackson Intl ...... FDC 6/6274 LOC BC RWY 15R AMDT 4...THIS CORRECTS TL96±19 08/22/96 ...... MN Moose Lake ...... Moose Lake-Carlton County ...... FDC 6/6428 NDB or GPS RWY 4, ORIG±A... 08/22/96 ...... SD Aberdeen ...... Aberdeen Regional ...... FDC 6/6416 ILS RWY 31, AMDT 12... 08/22/96 ...... SD Aberdeen ...... Aberdeen Regional ...... FDC 6/6417 LOC/DME BC RWY 13, AMDT 9... 08/22/96 ...... SD Aberdeen ...... Aberdeen Regional ...... FDC 6/6418 NDB RWY 31, AMDT 9... 08/22/96 ...... SD Aberdeen ...... Aberdeen Regional ...... FDC 6/6419 VOR/DME or GPS RWY 13, AMDT 11... 08/22/96 ...... SD Aberdeen ...... Aberdeen Regional ...... FDC 6/6420 VOR or GPS RWY 31 AMDT 19... 08/23/96 ...... MN Appleton ...... Appleton Muni ...... FDC 6/6454 NDB RWY 13 ORIG... 08/23/96 ...... MN Owatonna ...... Owatonna Muni ...... FDC 6/6458 VOR/DME RWY 30 AMDT 2A... 08/26/96 ...... IA Davenport ...... Davenport Muni ...... FDC 6/6486 VOR or GPS RWY 21, AMDT 7... 08/26/96 ...... IA Davenport ...... Davenport Muni ...... FDC 6/6488 ILS RWY 15, ORIG... 08/26/96 ...... IA Davenport ...... Davenport Muni ...... FDC 6/6490 VOR or GPS RWY 3, AMDT 8... 08/26/96 ...... IA Sioux City ...... Sioux Gateway ...... FDC 6/6469 NDB RWY 13, AMDT 15A... 08/26/96 ...... IA Sioux City ...... Sioux Gateway ...... FDC 6/6472 ILS RWY 13, AMDT 1A... 08/26/96 ...... IA Sioux City ...... Sioux Gateway ...... FDC 6/6474 ILS RWY 31, AMDT 24B... 08/26/96 ...... IA Sioux City ...... Sioux Gateway ...... FDC 6/6476 VOR/DME or TACAN or GPS RWY 13, AMDT 17A... 08/26/96 ...... IA Sioux City ...... Sioux Gateway ...... FDC 6/6478 VOR or TACAN or GPS RWY 31, AMDT 25A... 08/26/96 ...... IA Sioux City ...... Sioux Gateway ...... FDC 6/6479 NDB RWY 31, AMDT 23A... 08/26/96 ...... IA Sioux City ...... Sioux Gateway ...... FDC 6/6480 NDB RWY 35, ORIG... 08/26/96 ...... IA Sioux City ...... Sioux Gateway ...... FDC 6/6481 GPS RWY 17, ORIG... 08/26/96 ...... OK Oklahoma City ...... Will Rogers World ...... FDC 6/6468 ILS RWY 4R AMDT 9... 08/28/96 ...... IL Chicago ...... Chicago O'Hare Intl ...... FDC 6/6638 ILS RWY 4R AMDT 6... 08/28/96 ...... MN Faribault ...... Faribault Muni ...... FDC 6/6632 VOR or GPS±A AMDT 3A... 08/28/96 ...... MN Owatonna ...... Owatonna Muni ...... FDC 6/6636 VOR or GPS RWY 12 AMDT 8A... 08/28/96 ...... MN WaSECA ...... WaSECA Muni ...... FDC 6/6634 VOR or GPS±A AMDT 3A... 08/28/96 ...... OH Hillsboro ...... Highland County ...... FDC 6/6635 VOR/DME or GPS±A AMDT 1A... 09/03/96 ...... FL Jacksonville ...... Craig Muni ...... FDC 6/6770 ILS RWY 32, AMDT 3... 09/03/96 ...... GA Jefferson ...... Jackson County ...... FDC 6/6760 VOR/DME or GPS RWY 34 Orig... 09/03/96 ...... MN Waseca ...... Waseca Muni ...... FDC 6/6703 NDB or GPS RWY 15 AMT 3A... 09/03/96 ...... MN Waseca ...... Wasec Muni ...... FDC 6/6703 NDB or GPS RWY 15 AMT 3A... 09/03/96 ...... OH Wilmington ...... Clinton Field ...... FDC 6/6706 VOR or GPS±A ORIG... 09/03/96 ...... OH Wilmington ...... Clinton Field ...... FDC 6/6706 VOR or GPS±A ORIG

[FR Doc. 96–23808 Filed 9–16–96; 8:45 am] use of atipamezole hydrochloride sterile approval. The basis of approval is BILLING CODE 4910±13±M injectable solution in dogs as a discussed in the freedom of information medetomidine reversing agent. summary. EFFECTIVE DATE: September 17, 1996. In accordance with the freedom of DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: information provisions of part 20 (21 HUMAN SERVICES Marcia K. Larkins, Center for Veterinary CFR part 20) and § 514.11(e)(2)(ii) (21 Medicine (HFV–112), Food and Drug CFR 514.11(e)(2)(ii)), a summary of Food and Drug Administration Administration, 7500 Standish Pl., safety and effectiveness data and Rockville, MD 20855, 301–594–0614. information submitted to support 21 CFR Part 522 SUPPLEMENTARY INFORMATION: Pfizer, approval of this application may be seen Implantation or Injectable Dosage Inc., 235 East 42d St., New York, NY in the Dockets Management Branch Form New Animal Drugs; Atipamezole 10017, has filed NADA 141–033, which (HFA–305), Food and Drug provides for intramuscular use of Administration, 12420 Parklawn Dr., AGENCY: Food and Drug Administration, Antisedan (atipamezole rm. 1–23, Rockville, MD 20857, between HHS. hydrochloride) sterile injectable 9 a.m. and 4 p.m., Monday through Friday. ACTION: Final rule. solution in dogs as a reversing agent for Domitor (medetomidine). Under section 512(c)(2)(F)(i) of the SUMMARY: The Food and Drug Medetomidine is a sedative and Federal Food, Drug, and Cosmetic Act Administration (FDA) is amending the analgesic agent approved for use in (the act) (21 U.S.C. 360b(c)(2)(F)(i)), this animal drug regulations to reflect dogs. The NADA is approved as of approval qualifies for 5 years of approval of a new animal drug August 6, 1996, and the regulations are marketing exclusivity beginning August application (NADA) filed by Pfizer, Inc. amended in part 522 (21 CFR part 522) 6, 1996, because no active ingredient The NADA provides for intramuscular by adding new § 522.147 to reflect the (including any ester or salt of the drug) 48830 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations has been previously approved in any DEPARTMENT OF JUSTICE ``§ 1309.29 Exemption of retail distributors other application filed under section of certain pseudoephedrine products.'' 512(b)(1) of the act. Drug Enforcement Administration PART 1310Ð[CORRECTED] The agency has carefully considered 21 CFR parts 1309, 1310 and 1313 the potential environmental effects of § 1310.04 [Corrected] this action. FDA has concluded that the [DEA No. 138F] 4. On page 40990, § 1310.04, is action will not have a significant impact corrected by removing § 1309.28’’ and Removal of Exemption for Certain on the human environment, and that an adding ‘‘§ 1309.29’’ in its place. environmental impact statement is not Pseudoephedrine Products Marketed Under the Food, Drug, and Cosmetic Dated: September 9, 1996. required. The agency’s finding of no Act (FD&C Act); Correction Stephen H. Greene, significant impact and the evidence Deputy Administrator, Drug Enforcement supporting that finding, contained in an AGENCY: Drug Enforcement Administration. environmental assessment, may be seen Administration (DEA), Justice. [FR Doc. 96–23556 Filed 9–16–96; 8:45 am] in the Dockets Management Branch ACTION: Correction to final regulations. (address above) between 9 a.m. and 4 BILLING CODE 4410±09±M p.m., Monday through Friday. SUMMARY: This document contains corrections to the final regulations List of Subjects in 21 CFR Part 522 which were published on Wednesday, DEPARTMENT OF STATE Animal drugs. August 7, 1996 (61 FR 40981). The regulations related to the removal of the 22 CFR Parts 120, 123, and 128 Therefore, under the Federal Food, exemption for certain pseudoephedrine [Public Notice 2408] Drug, and Cosmetic Act and under products marketed under the Food, authority delegated to the Commissioner Drug, and Cosmetic Act (FD&C Act). Bureau of Political-Military Affairs; of Food and Drugs and redelegated to EFFECTIVE DATE: October 7, 1996. Amendments to the International the Center for Veterinary Medicine, 21 FOR FURTHER INFORMATION CONTACT: Traffic in Arms Regulations CFR part 522 is amended as follows: Frank Sapienza, Acting Chief, Drug and AGENCY: Department of State. Chemical Evaluation Section, Office of PART 522ÐIMPLANTATION OR ACTION: Final rule. INJECTABLE DOSAGE FORM NEW Diversion Control, Drug Enforcement Administration, Washington, D.C. ANIMAL DRUGS SUMMARY: This rule amends the 20537, Telephone (202) 307–7183. International Traffic in Arms 1. The authority citation for 21 CFR SUPPLEMENTARY INFORMATION: The final Regulations (ITAR) to correct a part 522 continues to read as follows: regulations that are the subject of these typographical error in the definition of corrections remove the exemption for Authority: Sec. 512 of the Federal Food, ‘‘technical data;’’ eliminate the Drug, and Cosmetic Act (21 U.S.C. 360b). certain pseudoephedrine products requirement of reporting subsequent marketed under the Food, Drug, and exports of unclassified technical data; 2. New § 522.147 is added to read as Cosmetic Act (FD&C Act). The and clarify authority and use the current follows: regulations amend Title 21, Code of names of any office, bureau, or titles of Federal Regulations, to revise certain officers that have changed since 1990. § 522.147 Atipamezole hydrochloride. sections in Parts 1309, 1310 and 1313. EFFECTIVE DATE: September 17, 1996. (a) Specifications. Each milliliter of The final rule (61 FR 40981) added a sterile injectable solution contains 5.0 new section designated as ‘‘Section FOR FURTHER INFORMATION CONTACT: milligrams of atipamezole 1309.28’’. This new section should have Philips S. Rhoads, Chief, Compliance hydrochloride. been designated as ‘‘Section 1309.29’’. and Enforcement Branch, Office of Therefore, in each instance where the Defense Controls, Bureau of Political- (b) Sponsor. See No. 000069 in final rule refers to the wording ‘‘Section Military Affairs, Department of State § 510.600(c) of this chapter. 1309.28’’, the reader should substitute (703 875–6650). (c) Conditions of use in dogs—(1) the wording ‘‘Section 1309.29’’. SUPPLEMENTARY INFORMATION: Federal Amount. Inject intramuscularly the Accordingly, the publication on Register Public Notice No. 1179, dated same volume as that of medetomidine August 7, 1996 of the final regulation March 29, 1990, announced that the used. (61 FR 40981) is corrected as follows: Office of Munitions Control had (2) Indications for use. To reverse changed its name to the Office of PART 1309Ð[CORRECTED] clinical effects of the sedative and Defense Trade Controls. (55 FR 11714.) analgesic agent medetomidine § 1309.02 [Corrected] Part 128 of the International Traffic in hydrochloride. 1. On page 40989 in the second Arms Regulations (ITAR) is being (3) Limitations. For intramuscular use column § 1309.02(f) is corrected by amended to reflect the current name of only. Not recommended for use in removing ‘‘§ 1309.28’’ and adding the Office of Defense Trade Controls. pregnant or lactating animals, or ‘‘§ 1309.29’’ in its place. Other amendments reflect the name animals intended for breeding. change of the Bureau of Politico- § 1309.29 [Corrected] Atipamezole has not been evaluated in Military Affairs to its current name, the breeding animals. Federal law restricts 2. On page 40989, in the third Bureau of Political-Military this drug to use by or on the order of column, amendatory instruction 3 is Affairs.Additionally, references to the a licensed veterinarian. corrected to read as follows: ‘‘Under Secretary of State for Security ‘‘Section 1309.29 is added to read as Assistance, Science and Technology’’ Dated: September 4, 1996. follows:’’ are being amended to the current title of Stephen F. Sundlof, 3. On page 40989, in the third the ‘‘Under Secretary of State for Arms Director, Center for Veterinary Medicine. column, the number and heading under Control and International Security [FR Doc. 96–23758 Filed 9–16–96; 8:45 am] amendatory instruction 3 are corrected Affairs.’’ Furthermore, cross references BILLING CODE 4160±01±F to read as follows: to other sections in the ITAR are being Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48831 amended for accuracy. The delivery § 123.22 Filing of export licenses and § 128.2 Administrative Law Judge address for the Office of Defense Trade Shipper's Export Declarations with District The Administrative Law Judge Controls was added to part 128. Directors of Customs. referred to in this part is an These amendments involve a foreign * * * * * Administrative Law Judge appointed by affairs function of the United States. (d) A Shipper’s Export Declaration is the Department of State or of the They are exempt from review under not required for exports of unclassified Department of Commerce, as provided Executive Order 12866 but have been technical data. Exporters shall notify the in 15 CFR 788.2. The Administrative reviewed internally by the Department Office of Defense Trade Controls of the Law Judge is authorized to exercise the to ensure consistency with the purposes initial export of the data by either powers and perform the duties provided thereof. They are also not subject to 5 returning the license after self for in §§ 127.7, 127.8, and 128.3 through U.S.C. 553 and 554., and do not require endorsement or by sending a letter to 128.16 of this subchapter. analysis under the Regulatory the Office of Defense Trade Controls. 4. Section 128.3 is revised to read as Flexibility Act or the Unfunded The letter shall provide the method, follows: Mandates Reform Act. date, license number and airway bill § 128.3 Institution of Administrative number (if applicable) of the shipment. List of Subjects Proceedings. The letter must be signed by an (a) Charging letters. The Director, 22 CFR Part 120 empowered official of the company and Office of Defense Trade Controls, with provided to the Office of Defense Trade the concurrence of the Office of the Arms and munitions, Exports, Controls within thirty days of the initial Technical assistance. Legal Adviser, Department of State, may export. initiate proceedings to impose 22 CFR Part 123 * * * * * debarment or civil penalties in accordance with § 127.7 or § 127.10 of Arms and munitions, Exports, PART 128ÐADMINISTRATIVE this subchapter respectively. Technical assistance. PROCEDURES Administrative proceedings shall be 22 CFR Part 128 initiated by means of a charging letter. 1. The authority citation for 22 part The charging letter will state the Arms and munitions, Exports. 128 continues to read as follows: essential facts constituting the alleged Accordingly, for the reasons set forth Authority: Secs. 2, 38, 40, 42, and 71, Arms violation and refer to the regulatory or in the preamble, 22 CFR chapter I, Export Control Act. 90 Stat. 744 (22 U.S.C. other provisions involved. It will give subchapter M, is amended as follows: 2752, 2778, 2780, 2791, and 2797); E.O. notice to the respondent to answer the 11958, 42 FR 4311; 22 U.S.C. 2658; E.O. charges within 30 days, as provided in PART 120ÐPURPOSE AND 12291, 46 FR 1981. § 128.5(a), and indicate that a failure to DEFINITIONS 2. Section 128.1 is revised to read as answer will be taken as an admission of follows: the truth of the charges. It will inform 1. The authority citation for part 120 the respondent that he or she is entitled continues to read as follows: § 128.1 Exclusion of functions from the to an oral hearing if a written demand Authority: Secs. 2, 38, and 71, Pub. L. 90– Administrative Procedure Act. for one is filed with the answer or 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, The Arms Export Control Act within seven (7) days after service of the 2797); E.O. 11958, 42 FR 4311, 3 CFR, 1977 answer. The respondent will also be Comp. p. 79; 22 U.S.C. 2658. authorizes the President to control the import and export of defense articles informed that he or she may, if so 2. Section 120.10(a)(1) is revised to and services in furtherance of world desired, be represented by counsel of read as follows: peace and the security and foreign his or her choosing. Charging letters may be amended from time to time, § 120.10 Technical data. policy of the United States. It authorizes the Secretary of State to make decisions upon reasonable notice. (b) Service. A charging letter is served (a) * * * on whether license applications or other (1) Information, other than software as upon a respondent: written requests for approval shall be (1) If the respondent is a resident of defined in § 120.10(4), which is required granted, or whether exemptions may be the United States, when it is mailed for the design, development, used. It also authorizes the Secretary of postage prepaid in a wrapper addressed production, manufacture, assembly, State to revoke, suspend or amend to the respondent at that person’s last operation, repair, testing, maintenance licenses or other written approvals known address; or when left with the or modification of defense articles. This whenever the Secretary deems such respondent or the agent or employee of includes information in the form of action to be advisable. The the respondent; or when left at the blueprints, drawings, photographs, administration of the Arms Export respondent’s dwelling with some person plans, instructions and documentation. Control Act is a foreign affairs function of suitable age and discretion then * * * * * encompassed within the meaning of the residing herein; or military and foreign affairs exclusion of (2) If the respondent is a non-resident PART 123ÐLICENSES FOR THE the Administrative Procedure Act and is of the United States, when served upon EXPORT OF DEFENSE ARTICLES thereby expressly exempt from various the respondent by any of the foregoing provisions of that Act. Because the means. If such methods of service are 1. The authority citation for part 123 exercising of the foreign affairs function, continues to read as follows: not practicable or appropriate, the including the decisions required to charging letter may be tendered for Authority: Secs. 2 and 38, Pub. L. 90–629, implement the Arms Export Control service on the respondent to an official 90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. Act, is highly discretionary, it is of the government of the country 11958, 42 FR 4311, 3 CFR 1977 Comp. 79; excluded from review under the 22 U.S.C. 2658. wherein the respondent resides, Administrative Procedure Act. provided that there is an agreement or 2. Section 123.22(d) is revised to read 3. Section 128.2 is revised to read as understanding between the United as follows: follows: States Government and the government 48832 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations of the country wherein the respondent demand an oral hearing, he or she shall relevant and material, reasonable in resident permitting this action. transmit, within seven (7) days after the scope, and not unduly burdensome. 5. Section 128.4 is revised to read as service of his or her answer, original or (c) Subpoenas. At the request of any follows: photocopies of all correspondence, party, the Administrative Law Judge papers, records, affidavits, and other may issue subpoenas, returnable before § 128.4 Default. documentary or written evidence having him, requiring the attendance of (a) Failure to answer. If the any bearing upon or connection with witnesses and the production of books, respondent fails to answer the charging the matters in issue. If any such records, and other documentary or letter, the respondent may be held in materials are in language other than physical evidence determined by he default. The case shall then be referred English, translations into English shall Administrative Law Judge to be relevant to the Administrative Law Judge for be submitted at the same time. and material to the proceedings, consideration in a manner as the (c) Submission of answer. The answer, reasonable in scope, and not unduly Administrative Law Judge may consider written demand for oral hearing (if any) burdensome. appropriate. Any order issued shall and supporting evidence required by (d) Enforcement of discovery rights. If have the same effect as an order issued § 128.5(b) shall be in duplicate and the Office of Defense Trade Controls following the disposition of contested mailed or delivered to the Office of fails to provide the respondent with charges. Administrative Law Judge, United information in its possession which is (b) Petition to set aside defaults. Upon States Department of Commerce, Room not otherwise available and which is showing good cause, any respondent H–6716. 14th Street and Constitution necessary to the respondent’s defense, against whom a default order has been Avenue, NW., Washington, DC 20230. A the Administrative Law Judge may issued may apply to set aside the default copy shall be simultaneously mailed to dismiss the charges on her or his own and vacate the order entered thereon. the Director, Office of Defense Trade motion or on a motion of the The petition shall be submitted to Controls, SA–6, Room 200, Department respondent. If the respondent fails to duplicate to the Assistant Secretary for of State, Washington, DC 20522–0602, respond with reasonable diligence to the Political-Military Affairs, U.S. or delivered to the 21st street entrance requests for discovery by the Office of Department of State, 2201 C Street, NW., of the Department of State, 2201 C Defense Trade Controls or the Washington, DC 20520. The Director Street, NW., Washington, DC addressed Administrative Law Judge, on her or his will refer the petition to the to Director, Office of Defense Trade own motion or motion of the Office of Administrative Law Judge for Controls, SA–6, Room 200, Department Defense Trade Controls, and upon such consideration and a recommendation. of State, Washington, DC 20522–0602. notice to the respondent as the The Administrative law Judge will Administrative Law Judge may direct, consider the application and may order 7. Section 128.6 is revised to read as may strike respondent’s answer and a hearing and require the respondent to follows: declare the respondent in default, or submit further evidence in support of § 128.6 Discovery. make any other ruling which the his or her petition. The filing of a (a) Discovery by the respondent. The Administrative Law Judge deems petition to set aside a default does not respondent, through the Administrative necessary and just under the in any manner affect an order entered Law Judge, may request from the Office circumstances. If a third party fails to upon default and such order continues of Defense Trade Controls any relevant respond to the request for information, in full force and effect unless a further information, not privileged, that may be the Administrative Law Judge shall order is made modifying or terminating necessary or helpful in preparing a consider whether the evidence sought is it. defense. The Office of Defense Trade necessary to a fair hearing, and if it is 6. In § 128.5 paragraphs (b) and (c) are Controls may provide any relevant so necessary that a fair hearing may not revised to read as follows: information, not privileged, that may be be held without it, the Administrative § 128.5 Answer and demand for oral necessary or helpful in preparing a Law Judge shall dismiss the charges. hearing. defense. The Office of Defense Trade 8. Section 128.7 is revised to read as * * * * * Controls may supply summaries in follows: (b) Contents of answer. An answer place or original documents and may § 128.7 Prehearing conference. must be responsive to the charging withhold information from discovery if letter. It must fully set forth the nature the interests of national security or (a)(1) The Administrative Law Judge of the respondent’s defense or defenses. foreign policy so require, or if necessary may, upon his own motion or upon In the answer, the respondent must to comply with any statute, executive motion of any party, request the parties admit or deny specifically each separate order or regulation requiring that the or their counsel to a prehearing allegation of the charging letter, unless information may not be disclosed. The conference to consider: the respondent is without knowledge, in respondent may request the (i) Simplification of issues; which case the respondent’s answer Administrative Law Judge to request (ii) The necessity of desirability of shall so state and the statement shall any relevant information, books, amendments to pleadings; operate as denial. Failure to deny or records, or other evidence, from any (iii) Obtaining stipulations of fact and controvert any particular allegation will other person or government agency so of documents to avoid unnecessary be deemed an admission thereof. The long as the request is reasonable in proof; or answer may set forth such additional or scope and not unduly burdensome. (iv) Such other matter as may new matter as the respondent believes (b) Discovery by the Office of Defense expedite the disposition of the support a defense or claim of mitigation. Trade Controls. The Office of Defense proceeding. Any defense or partial defense not Trade Controls or the Administrative (2) The Administrative Law Judge will specifically set forth in an answer shall Law Judge may request from the prepare a summary of the action agreed be deemed waived. Evidence offered respondent admissions of facts, answers upon or taken at the conference, and thereon by the respondent at a hearing to interrogatories, the production of will incorporate therein any written may be refused except upon good cause books, records, or other relevant stipulations or agreements made by the being shown. If the respondent does not evidence, so long as the request is parties. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48833

(3) The conference proceedings may a finding whether a law or regulation Political-Military Affairs approves the be recorded magnetically or taken by a has been violated, and the proposal, an appropriate order may be reporter and transcribed, and filed with Administrative Law Judge’s issued. the Administrative Law Judge. recommendations. It shall be (b) Cases may also be settled prior to (b) If a conference is impracticable , transmitted to the Assistant Secretary service of a charging letter. In such an the Administrative Law Judge may for Political-Military Affairs, event, a proposed charging letter shall request the parties to correspond with Department of State. be prepared, and a consent agreement the person to achieve the purposes of a 11. Section 128.10 is revised to read and order shall be submitted for the conference. The Administrative Law as follows: approval and signature of the Assistant Judge shall prepare a summary of action Secretary for Political-Military Affairs, § 128.10 Disposition of proceedings. taken as in the case of a conference. and no action by the Administrative 9. Section 128.8 is revised to read as Where the evidence is not sufficient Law Judge shall be required. Cases follows: to support the charges, the Director, which are settled may not be reopened Office of Defense Trade Controls or the or appealed. § 128.8 Hearings. Administrative Law Judge will dismiss 13. Section 128.12 is revised to read (a) A respondent who had not filed a the charges. Where the Administrative as follows: timely written answer is not entitled to Law Judge finds that a violation has a hearing, and the case may be been committed, the Administrative § 128.12 Rehearings. considered by the Administrative Law Law Judge’s recommendation shall be The Administrative Law Judge may Judge as provided in § 128.4(a). If any advisory only. The Assistant Secretary grant a rehearing or reopen a proceeding answer is filed, but no oral hearing for Political-Military Affairs will review at any time for the purpose of hearing demanded, the Administrative Law the record, consider the report of the any relevant and material evidence Judge may proceed to consider the case Administrative Law Judge, and make an which was not known or obtainable at upon the written pleadings and appropriate disposition of the case. The the time of the original hearing. A report evidence available. The Administrative Director may issue an order debarring for rehearing or reopening must contain Law Judge may provide for the making the respondent from participating in the a summary of such evidence, and must of the record in such manner as the export of defense articles or technical explain the reasons why it could not Administrative Law Judge deems data or the furnishing of defense have been presented at the original appropriate. If respondent answers and services as provided in § 127.7 of this hearing. The Administrative Law Judge demands an oral hearing, the subchapter, impose a civil penalty as will inform the parties of any further Administrative Law Judge, upon due provided in § 127.10 of this subchapter hearing, and will conduct such hearing notice, shall set the case for hearing, or take such action as the and submit a report and unless a respondent has raised in his Administrative Law Judge deems recommendations in the same manner answer no issues of material fact to be appropriate. Any debarment order will as provided for the original proceeding determined. If respondent fails to be effective for the period of time (Described in § 128.10). appear at a scheduled hearing, the specified therein and may contain such 14. In § 128.13 paragraphs (a), (c), (e), hearing nevertheless may proceed in additional terms and conditions as are and (f) are revised to read as follows: respondent’s absence. The respondent’s deemed appropriate. A copy of the order § 128.13 Appeals. together with a copy of the failure to appear will not affect the (a) Filing of appeals. An appeal must Administrative Law Judge’s report will validity of the hearing or any be in writing, and be addressed to and be served upon the respondent. proceedings or action thereafter. filed with the Under Secretary of State (b) The Administrative Law Judge 12. Section 128.11 is revised to read for Arms Control and International may administer oaths and affirmations. as follows: Security Affairs, Department of State, Respondent may be represented by § 128.11 Consent agreements. Washington, DC 20520. An appeal from counsel. Unless otherwise agreed by the a final order denying export privileges parties and the Administrative Law (a) The Office of Defense Trade or imposing civil penalties must be filed Judge the proceeding will be taken by a Controls and the respondent may, by within 30 days after receipt of a copy of reporter or by magnetic recording, agreement, submit to the Administrative the order. If the Under Secretary cannot transcribed, and filed with the Law Judge a proposal for the issuance of for any reason act on the appeal, he or Administrative Law Judge. Respondent a consent order. The Administrative she may designate another Department may examine the transcript and may Law Judge will review the facts of the of State official to receive and act on the obtain a copy upon payment of proper case and the proposal and may conduct appeal. costs. conferences with the parties and may 10. Section 128.9 is revised to read as require the presentation of evidence in * * * * * follows: the case. If the Administrative Law (c) Matters considered on appeal. An Judge does not approve the proposal, appeal will be considered upon the § 128.9 Proceedings before and report of the Administrative Law Judge will basis of the assembled record. This Administrative Law Judge. notify the parties and the case will record consists of (but is not limited to) (a) The Administrative Law Judge proceed as though no consent proposal the charging letter, the respondent’s may conform any part of the had been made. If the proposal is answer, the transcript or magnetic proceedings before him or her to the approved, the Administrative Law Judge recording of the hearing before the Federal Rules of Civil Procedure. The will report the facts of the case along Administrative Law Judge, the report of record may be made available in any with recommendations to the Assistant the Administrative Law Judge, the order other administrative or other proceeding Secretary for Political-Military Affairs. If of the Assistant Secretary for Political- involving the same respondent. the Assistant Secretary for Political- Military Affairs, and any other relevant (b) The Administrative Law Judge, Military Affairs does not approve the documents involved in the proceedings after considering the record, will proposal, the case will proceed as before the Administrative Law Judge. prepare a written report. The report will though no consent proposal had been The Under Secretary of State for Arms include findings of fact, findings of law, made. If the Assistant Secretary for Control and International Security 48834 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

Affairs may direct a rehearing and Director, Office of Defense Trade § 128.16 Extension of time. reopening before the Administrative Controls, may apply without notice to The Administrative Law Judge, for Law Judge if he or she finds that the any person to be affected thereby, to the good cause shown, may extend the time record is insufficient or that new Administrative Law Judge for an order within which to prepare and submit an evidence is relevant and material to the revoking probation when it appears that answer to a charging letter or to perform issues and was not known and was not the conditions of the probation have any other act required by this part. available to the respondent at the time been breached. The facts in support of Dated: August 27, 1996. of the original hearings. the application will be presented to the Lynn E. Davis, * * * * * Administrative Law Judge, who will (e) Preparation of appeals.—(1) report thereon and make a Under Secretary for Arms Control and recommendation to the Assistant International Security Affairs, Department of General requirements. An appeal shall State. be in letter form. The appeal and Secretary for Political-Military Affairs. [FR Doc. 96–23659 Filed 9–16–96; 8:45 am] accompanying material should be filed The latter will make a determination in duplicate, unless otherwise whether to revoke probation and will BILLING CODE 4710±25±M indicated, and a copy simultaneously issue an appropriate order. mailed to the Director, Office of Defense (b) Hearings—(1) Objections upon notice. Any person affected by an Trade Controls, SA–6, Room 200, DEPARTMENT OF THE INTERIOR Department of State, Washington, DC application upon notice to revoke 20522–0620 or delivered to the 21st probation, within the time specified in Minerals Management Service street entrance of the Department of the notice, may file objections with the State, 2201 C Street, NW., Washington, Administrative Law Judge. 30 CFR Part 203 DC addressed to Director, Office of (2) Objections to order without notice. Defense Trade Controls, SA–6, Room Any person adversely affected by an RIN 1010±AC13 200, Department of State, Washington, order revoking probation, without DC 20522–0602. notice may request that the order be set Royalty Relief for Producing Leases (2) Oral presentation. The Under aside by filing his objections thereto and Certain Existing Leases in Deep Secretary of State for Arms Control and with the Administrative Law Judge. The Water International Security Affairs may grant request will not stay the effective date the appellant an opportunity for oral of the order or revocation. AGENCY: Minerals Management Service argument and will set the time and (3) Requirements for filing objections. (MMS), Interior. place for oral argument and will notify Objections filed with the Administrative ACTION: Extension of comment period the parties, ordinarily at least 10 days Law Judge must be submitted in writing for interim rule. before the date set. and in duplicate. A copy must be (f) Decisions. All appeals will be simultaneously submitted to the Office SUMMARY: This document extends to considered and decided within a of Defense Trade Controls. Denials and October 30, 1996, the deadline for the reasonable time after they are filed. An admissions, as well as any mitigating submission of comments on the interim appeal may be granted or denied in circumstances, which the person rule governing royalty relief for whole or in part, or dismissed at the affected intends to present must be set producing leases and certain existing request of the appellant. The decision of forth in or accompany the letter of leases in deep water that was published the Under Secretary of State for Arms objection and must be supported by May 31, 1996. Control and International Security evidence. A request for an oral hearing DATES: MMS will consider all comments Affairs will be final. may be made at the time of filing we receive by October 30, 1996. We will 15. Section 128.14 is revised to read objections. begin reviewing comments at that time as follows: (4) Determination. The application and may not fully consider comments § 128.14 Confidentiality of proceedings. and objections thereto will be referred to we receive after October 30, 1996. the Administrative Law Judge. An oral Proceedings under this part are ADDRESSES: Mail or hand-carry hearing if requested, will be conducted confidential. The documents referred to comments to the Department of the at an early convenient date, unless the in § 128.17 are not, however, deemed to Interior; Minerals Management Service; objections filed raise no issues of be confidential. Reports of the Mail Stop 4700; 381 Elden Street; material fact to be determined. The Administrative Law Judge and copies of Herndon, Virginia 20170–4817; Administrative Law Judge will report transcripts or recordings of hearings will Attention: Chief, Engineering and the facts and make a recommendation to be available to parties and, to the extent Standards Division. the Assistant Secretary for Political- of their own testimony, to witnesses. All Military Affairs, who will determine FOR FURTHER INFORMATION CONTACT: records are available to any U.S. whether the application should be Dr. Marshall Rose, Economic Evaluation Government agency showing a proper granted or denied and will issue an Branch, telephone (703) 787–1536. interest therein. 16. Section 128.15 is revised to read appropriate order. A copy of the order SUPPLEMENTARY INFORMATION: The MMS as follows: and of the Administrative Law Judge’s has been asked to extend the deadline report will be furnished to any person for respondents to submit comments to § 128.15 Orders containing probationary affected thereby. the interim regulations governing periods. (5) Effect of revocation on other royalty relief on producing and certain (a) Revocation of probationary actions. The revocation of a existing leases in deep water that were periods. A debarment or interim probationary period will not preclude published May 31, 1996 (61 FR 27263). suspension order may set a probationary any other action concerning a further More time is needed to allow period during which the order may be violation, even where revocation is respondents time to work on certain held in abeyance for all or part of the based on the further violation. aspects and problem areas of the interim debarment or suspension period, subject 17. Section 128.16 is revised to read rule and guidelines for royalty relief for to the conditions stated therein. The as follows: existing deep water leases. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48835

Dated: September 9, 1996. II. Proposed Amendment dams and embankments; 11 AAC Lucy R. Querques, By letter dated January 26, 1995, and 90.409, return of coal mine waste to Acting Associate Director for Offshore FAX transmittals dated February 13 and underground workings; 11 AAC Minerals Management. 14, 1995, Alaska submitted a proposed 90.423(b), protection of fish and [FR Doc. 96–23724 Filed 9–16–96; 8:45 am] amendment (Amendment IV, wildlife; 11 AAC 90.443 (d) and (k), BILLING CODE 4310±MR±M administrative record No. AK–E–01) to backfilling and grading; 11 AAC 90.457 its program pursuant to SMCRA (30 (c) and (d), standards for revegetation U.S.C. 1201 et seq.). Alaska submitted success; 11 AAC 90.491, construction Office of Surface Mining Reclamation the proposed amendment at its own and maintenance of roads, and Enforcement initiative and in response to (1) letters transportation and support facilities, dated November 1, 1989, and February and utility installations; 11 AAC 90.601, 30 CFR Part 902 7, 1990 (administrative record Nos. AK– inspections; 11 AAC 90.613, cessation 60–05 and AK–60–06), that OSM sent to orders; 11 AAC 90.901, applicability; 11 [AK±004±FOR; Alaska Amendment IV] Alaska in accordance with 30 CFR AAC 90.902, exemption for coal 732.17(c), and (2) required program extraction incidental to the extraction of Alaska Regulatory Program amendments at 30 CFR Part other minerals; 11 AAC 90.907, public 902.16(a)(1), (2), (3), (6) through (14), participation; and 11 AAC 90.911, AGENCY: Office of Surface Mining definitions. Additionally, Alaska Reclamation and Enforcement, Interior. and (16). The provisions of the Alaska proposed several minor editorial ACTION: Final rule; approval of Administrative Code (AAC) that Alaska revisions. amendment. OSM announced receipt of the proposed to revise, repeal, and add proposed amendment in the February were: 11 AAC 05.010(a)(9)(D), fees for SUMMARY: The Office of Surface Mining 27, 1995, Federal Register (60 FR incidental boundary revisions; 11 AAC Reclamation and Enforcement (OSM) is 10520), provided an opportunity for a 90.002, responsibilities; 11 AAC 90.003, approving, with certain exceptions and public hearing or meeting on its continued operation under interim additional requirements, a proposed substantive adequacy, and invited permits; 11 AAC 90.011, permit fees; 11 amendment to the Alaska regulatory public comment on its adequacy AAC 90.023, identification of interests program (hereinafter referred to as the (administrative record No. AK–E–05). ‘‘Alaska program’’) under the Surface and compliance information; 11 AAC Because no one requested a public Mining Control and Reclamation Act of 90.025, authority to enter and hearing or meeting, none was held. The 1977 (SMCRA). Alaska proposed ownership information; 11 AAC public comment period ended on March revisions to and additions of rules 90.045(a), geology description; 11 AAC 29, 1995. pertaining to fees for services, general 90.049(2), surface water information; 11 During its review of the amendment, permitting requirements, general permit AAC 90.083(b), reclamation plan OSM identified concerns relating to the application information requirements, general requirements; 11 AAC 90.097, provisions of the Alaska Administrative environmental resource information transportation facilities; 11 AAC 90.099, Code at 11 AAC 05.010(a)(9)(D) and 11 requirements, reclamation and return of coal mine waste to abandoned AAC 90.011, fees; 11 AAC 90.023, operation plan requirements, processing underground workings; 11 AAC 90.117, identification of interests and of permit applications, permitting for administrative processing of permit compliance information; 11 AAC special categories of mining, applications; 11 AAC 90.125, 90.117, administrative processing of exploration, the small operator Commissioner’s [of Natural Resources] permit applications; 11 AAC 90.125, assistance program, bonding, findings; 11 AAC 90.126, improvidently Commissioner’s findings; 11 AAC performance standards, inspection and issued permits; 11 AAC 90.127, permit 90.126, improvidently issued permits; enforcement, and general provisions. conditions; 11 AAC 90.129, permit 11 AAC 90.129, permit revisions and The amendment revised the Alaska revisions and renewals; 11 AAC renewals; 11 AAC 90.149(d), operations program to be consistent with the 90.149(d), operations near alluvial near alluvial valley floors; 11 AAC corresponding Federal regulations, to valley floors; 11 AAC 90.163, 90.173, eligibility for small operator clarify ambiguities, and to improve exploration that substantially disturbs assistance; 11 AAC 90.207(f), self- operational efficiency. the natural land surface or occurs in bonding provisions; 11 AAC 90.327, areas designated unsuitable for mining; EFFECTIVE DATE: September 17, 1996. stream channel diversions; 11 AAC 11 AAC 90.173(b), eligibility for small 90.336, impoundment design and FOR FURTHER INFORMATION CONTACT: operator assistance; 11 AAC 90.207(f), construction; 11 AAC 90.391, disposal James F. Fulton, Telephone: (303) 672– self-bonding provisions; 11 AAC of excess spoil or coal mine waste; 11 5524. 90.321(d), hydrologic balance; 11 AAC AAC 90.409, return of materials to SUPPLEMENTARY INFORMATION: 90.323(a), water quality standards; 11 underground workings; 11 AAC 90.423, AAC 90.325(a), diversions and protection of fish and wildlife; 11 AAC I. Background on the Alaska Program conveyance of flows; 11 AAC 90.327 (b) 90.443, backfilling and grading; 11 AAC On March 23, 1983, the Secretary of and (c), stream channel diversions; 11 90.457, revegetation success standards; the Interior conditionally approved the AAC 90.336(b), impoundment design 11 AAC 90.491, construction and Alaska program. General background and construction; 111 AAC 90.337(f), maintenance of roads, transportation information on the Alaska program, impoundment inspection; 11 AAC and support facilities, and utility including the Secretary’s findings, the 90.341(b), underground mine entry and installations; 11 AAC 90.601, disposition of comments, and access discharges; 11 AAC 90.345(e), inspections; 11 AAC 90.901, conditions of approval of the Alaska surface and ground water monitoring; applicability; 11 AAC 90.902, program can be found in the March 23, 11 AAC 90.375(f), public notice of exemption for coal extraction incidental 1983, Federal Register (48 FR 12274). blasting; 11 AAC 90.391, disposal of to the extraction of other minerals; 11 Subsequent actions concerning Alaska’s excess spoil or coal mine waste; 11 AAC AAC 90.907, public participation; and program and program amendments can 90.401(e), coal mine waste, refuse piles; 11 AAC 90.911, definitions. OSM be found at 30 CFR 902.15 and 902.16. 11 AAC 90.407(e), coal mine waste, notified Alaska of the concerns by letter 48836 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations dated July 19, 1995 (administrative that the proposed program amendment 11 AAC 90.002 (30 CFR Part 772 and 773.11), record No. AK–E–12). submitted by Alaska on January 26 and responsibilities under general permitting Alaska responded in letters dated February 13 and 14, 1995, and as requirements, October 11 and 24, 1995, and by a FAX revised by it and supplemented with 11 AAC 90.025(a) (30 CFR 778.13(e) and (f)), transmittal dated October 23, 1995, by authority to enter and ownership additional explanatory information on information, submitting a revised amendment and October 11, 23, and 24, 1995, is no less 11 AAC 90.045(a) (30 CFR 780.22(b)(1) and additional explanatory information and effective than the corresponding Federal 784.22(b)(1)), geology description, withdrawing certain provisions regulations. Accordingly, the Director 11 AAC 90.049(2)(D) (30 CFR 780.21(b)(2) (administrative record No. AK–E–14). approves the proposed amendment. and 784.14(b)(1)), surface water Alaska proposed revisions to and information, additional explanatory information for: 1. Nonsubstantive Revisions to Alaska’s 11 AAC 90.083(b)(12) (30 CFR 780.37(a)(6) 11 AAC 05.010(a)(9)(D) and 11 AAC Rules and 784.24(a)(6)), reclamation plan general 90.011, fees; 11 AAC 90.045(a), geology requirements, Alaska proposed revisions to the 11 AAC 90.097 (30 CFR 780.37(a)(1), (3), and description; 11 AAC 90.099, return of following previously-approved rules coal mine waste and excess spoil to (5) and 784.24(a)(1), (3), and (5)), that are non substantive in nature and transportation facilities, abandoned underground workings; 11 consist of minor editorial, punctuation, 11 AAC 90.149(d)(1) (30 CFR AAC 90.149(d), operations near alluvial grammatical, and recodification changes 785.19(d)(2)(1)), operations near alluvial valley floors; 11 AAC 90.163, (corresponding Federal regulation valley floors, exploration that occurs in an area provisions are listed in parentheses): 11 AAC 90.163, (a), (b)(1), (c)(4), and (c)(5) designated unsuitable for surface coal (30 CFR 772.12(a) and 772.14(b), (b)(1), (3), mining; 11 AAC 90.207, self-bonding 11 AAC 90.025(b) and (c) (30 CFR 778.15(a) and (4)), exploration that substantially and (b)), right of entry information, disturbs the natural land surface or occurs provisions; 11 AAC 90.327, stream 11 AAC 90.049(2) and (2)(E) through (H) (30 channel diversions; 11 AAC 90.391, in an area designated unsuitable for CFR 780.21(b)(2) and 784.14(b)(2)), surface mining, disposal of excess spoil or coal mine water information, waste; 11 AAC 90.409, coal mine waste, 11 AAC 90.207(f)(1), (2), and (4) through (7) 11 AAC 90.083(b)(10) and (11) (30 CFR (30 CFR 800.16(e)(2) and 800.23(b), (c)(1), return to underground workings; 11 780.27, 780.37(a)(4), and 784.24(a)(4)), and (d) through (g)), requirements for self- AAC 90.423, protection of fish and reclamation plan general requirements, bonding, wildlife; 11 AAC 90.443, backfilling and 11 AAC 90.149(d) (30 CFR 785.19(b)(2)), 11 AAC 90.375 (30 CFR 816.64(b) and grading; 11 AAC 90491, construction operations near alluvial valley floors, 817.64(b)), public notice of blasting, and maintenance of roads, 11 AAC 90.163(b), (c), and (c)(3)(B) (30 CFR 11 AAC 90.391 (h) and (s) (30 CFR 816.71 (g) transportation and support facilities, 772.14(b)(1), and (b)(2)(i), exploration that and (i) and 817.71 (g) and (i)), disposal of substantially disturbs the natural land and utility installations; 11 AAC 90.901, excess spoil or coal mine waste, surface or occurs in an area designated 11 AAC 90.407(e) (30 CFR 816.84(b)(2) and applicability; and 11 AAC 90907, public unsuitable for mining, participation. 817.84(b)(2)), coal mine waste, dams and 11 AAC 90.391(b) (30 CFR 816.71(b) and embankments, In addition, Alaska withdrew 817.71(b)), disposal of excess spoil or coal proposed revisions and additions at: 11 11 AAC 90.409 (30 CFR 816.71(j), 817.71(j), mine waste, 816.81(f), and 817.81(f), return to AAC 90.023, identification of interests 11 AAC 90.401(e) (30 CFR 816.83(c)(4) and underground workings, and compliance information; 11 AAC 817.83(c)(4)), coal mine waste refuse piles, 11 AAC 90.423(b) and (h) (30 CFR 780.16(c), 90.117, administrative processing of 11 AAC 90.491(a), (a)(7), (c)(4), and (c)(8) (30 784.21(c), 816.97(b), and 817.91(b)), permit applications; 11 AAC 90.125, CFR 816.150(b), (b)(4), (f)(4), and (f)(6) and protection of fish and wildlife, Commissioner’s findings; 11 ACC 817.150(b), (b)(4), (f)(4), and (f)(6)), 11 AAC 90.443(d)(1) (30 CFR 816.106(b)(1) 90.126, improvidently issued permits; construction and maintenance of roads, and 817.106(b)(1)), backfilling and grading transportation and support facilities, and 11 AAC 90.127, permit conditions; 11 of previously mined areas, utility installations, and 11 AAC 90.491(a)(1), (6), and (8), (c) (5) AAC 90.129, permit revisions and 11 AAC 90.907(e), (f), (g), (h), and (j) (30 CFR renewals; 11 AAC 90.336, through (7), and (e) (30 CFR 816.150(b)(1), 740.13(c), 772.12(c), 773.13, 774.17(c), (3), (7), (d), and (f) (3) and (6); 816.181(b) impoundment design and construction; 785.13(h), 800.40, and 840.15), public (1) and (2)(ii), 817.150(b)(1), (3), and (7), 11 AAC 90.457, revegetation success participation. (d), and (f) (3) and (6); and 817.181(b) (1) standards; 11 AAC 90.601, inspections; Because the proposed revisions to and (2)(ii)), construction and maintenance 11 AAC 90.613, cessation order; 11 AAC these previously-approved rules are of roads, transportation and support 90.902, exemption for coal extraction facilities, and utility installations, nonsubstantive in nature, the Director incidental to the extraction of other 11 AAC 90.901(e) (30 CFR 700.11(d)(1)(ii)), finds that these proposed Alaska rules minerals; and 11 AAC 90.911, applicability, and are no less effective than the Federal definitions. 11 AAC 90.907 (c) and (d) (30 CFR 840.14 (b) Based upon the revisions to and regulations. The Director approves these and (c)(2)), public participation. additional explanatory information for proposed rules. Because these proposed Alaska rules the proposed amendment submitted by 2. Substantive Revisions to Alaska’s are substantively identical to the Alaska and the withdrawal of certain Rules That Are Substantively Identical corresponding provisions of the Federal proposed provisions, OSM reopened the to the Corresponding Provisions of the regulations, the Director finds that they public comment period in the Federal Regulations are no less effective than the Federal November 9, 1995, Federal Register (60 regulations. The Director approves these FR 56547; administrative record No. Alaska proposed revisions to the proposed rules. AK–E–21). The public comment period following rules that are substantive in 3. 11 AAC 90.003. Continued Operation ended on November 24, 1995. nature and contain language that is substantively identical to the Under Interim Permits III. Director’s Findings requirements of the corresponding Alaska proposed to repeal 11 AAC As discussed below, the Director, in Federal regulation provisions (listed in 90.003, which provides that a person accordance with SMCRA and 30 CFR parentheses): operation under a permit issued or 732.15 and 732.17, finds, with certain 11 AAC 05.010(a)(11)(D) and 11 AAC 90.011 amended by the Commissioner in exceptions and additional requirements, (30 CFR 777.17), permit fees, accordance with section 502 of SMCRA Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48837 may conduct operations more than eight (5) to require that the demonstration define ‘‘self-bond.’’ Therefore, the months after approval of the Alaska that coal testing is necessary for the Director finds that the lack of a program if certain criteria are met. 11 development of a surface coal mining definition of ‘‘self-bond’’ at 11 AAC AAC 90.003 is substantively the same as and reclamation operation must also 90.207(f) is less effective than the the counterpart Federal regulations at 30 include evidence that sufficient reserves Federal regulations and is requiring CFR 773.11(b)(2), which provide for of coal are available to the applicant for Alaska to add a definition of ‘’self- continuation of initial program future commercial use or sale and an bond’’ to its rules or otherwise revise its operations when certain conditions are explanation of why other mean of program to define ‘‘self-bond’’ met. Alaska has informed OSM that exploration are not adequate. Proposed consistent with the Federal regulations there are no interim permits within the 11 AAC 90.163(c) (4) and (5) are at 30 CFR 800.5(c). State. Therefore, the Director finds that substantively the same as the In addition, Alaska’s proposed rules 11 AAC 90.003 is no longer applicable counterpart Federal regulations at 30 at 11 AAC 90.207(f) do not include in Alaska’s program. The Director CFR 772.14(b) (3) and (4). They are also definitions for financial statement terms approves the repeal of this rule. identical to existing 11 AAC 90.163(d) associated with self-bonding such as (1) and (2). It is not clear to OSM why ‘‘current assets,’’ ‘‘current liabilities,’’ 4. 11 AAC 90.099, Return of Coal Mine Alaska choose to add 11 AAC 90.163(c) ‘‘fixed assets,’’ ‘‘liabilities,’’ ‘‘net Waste and Excess Spoil to Abandoned (4) & (5) to its rules when the same worth,’’ and ‘‘tangible net worth.’’ The Underground Workings requirements already existed at 11 AAC Federal regulations at 30 CFR 800.23(a) Alaska proposed to revise 11 AAC 90.163(d) (1) and (2). The Director finds provide definitions for financial 90.099 to require that the underground that the addition of the provisions at 11 statement terms because they are terms mining plan must describe the design, AAC 90.163(c) (4) and (5) is used in the provisions concerning self- operation, and maintenance of any superfluous; however, the addition of bonding to clarify what is meant or proposed facility to return coal mine these provisions does not render required by the self-bonding financial waste and excess spoil to underground Alaska’s rule less effective than the tests. The terms are defined to avoid workings, including flow diagrams and counterpart Federal regulations at 30 misunderstandings about what an other drawing and maps required by the CFR 772.14(b) (3) and (4). Therefore, the applicant can and cannot include in its Commissioner, and that the permit Director approves the addition of these self-bonding application. This is application also include any plans rules. necessary because not all financial term required to be submitted to the Federal definitions are consistent with standard Mine Safety and Health Administration 6. 11 AAC 90.207(f), Requirements for accounting definitions. For example, (MSHA) under 30 CFR 817.81(f). The Self-Bonding ‘’fixed assets,’’ as defined for self- Federal regulations at 30 CFR 784.25(a) Alaska proposed new rules at 11 AAC bonding, does not allow land and coal provide, in pertinent part, that each 90.207(f) to provide specific in place to be counted as fixed assets plan shall describe the design, operation requirements for self-bonding. With the because they are difficult to evaluate and maintenance of any proposed coal exceptions discussed below, the and to liquidate. Standard accounting processing waste disposal facility, for proposed 11 AAC 90.207(f) is principles, on the other hand, allow the approval of the regulatory authority substantively similar to the land and coal in place to be counted as and MSHA under 30 CFR 817.81(f). The requirements of the counterpart Federal an asset when calculating total assets. performance standards at reference 30 regulations at 30 CFR 800.23. Therefore, Therefore, the Director finds 11 AAC CFR 817.81(f) and those concerning the Director finds proposed 11 AAC 90.207(f) to be less effective than the excess spoil at 30 CFR 817.71(j) allow 90.207(f) to be no less effective than the counterpart Federal regulations at 30 for the disposal of coal mine waste and Federal regulations and approves it. CFR 800.23(a) to the extent that the excess spoil in underground mine a. 11 AAC 90.207(f), Definitions of Alaska rule does not define the financial workings in accordance with a plan ‘‘self-bond’’ and other terms concerning statement terms used specifically for approved by the regulatory authority financial statements.—Alaska’s rules at self-bonding. The Director requires and MSHA under 30 CFR 784.25. 11 AAC 90.207 do not define ‘‘self- Alaska to provide financial statement Despite the fact that the plan bond,’’ which is an allowable form of definitions that are similar to the requirements at 30 CFR 784.25 do not bond under the Federal regulations at 30 definitions provided in the Federal specifically provide for the underground CFR 800.23. The term ‘’self-bond’’ as regulations or otherwise revise its disposal of excess spoil, the reference to defined at 30 CFR 800.5(c) means ‘‘an program to be consistent with and no 30 CFR 784.24 in the performance indemnity agreement in a sum certain less effective than the Federal standard at 30 CFR 817.71(j), which executed by the applicant or by the regulations at 30 CFR 800.23(a) provides that excess spoil may be applicant and any corporate guarantor b. 11 90.207(f)(3), Agent for service.— disposed of in underground workings, and made payable to the regulatory The rules proposed by Alaska at 11 AAC clearly does provide for such disposal. authority with or without a separate 90.207(f)(3) provide requirements for Therefore, the Director finds that the surety.’’ acceptance of a corporate guarantee of proposed revision by Alaska at 11 AAC OSM, in its July 19, 1995, issue letter, an applicant’s self-bond, including 90.099 is no less effective than the notified Alaska of the lack of a requirements concerning business Federal regulations at 30 CFR 784.25(a), counterpart definition in its rules (issue history, submission of financial 817.81(f) and 817.71(j). The Director No. 9). Alaska’s response, dated October statements, and an agent for service of approves the revisions to this rule. 11 and 24, 1995, provided that the term process in Alaska. These requirements ‘‘self-bond’’ was defined at Alaska are consistent with the Federal 5. 11 AAC 90.163(C) (4) and (5), Statute (AS) 27.21.160(d). AS regulations at 30 CFR 800.23(c)(2), Exploration That Substantially Disturbs 27.21.160(d) is Alaska’s statutory except that the Federal regulations the Natural Land Surface or Occurs in counterpart to section 509(c) of SMCRA, contain an additional requirement an Area Designated Unsuitable for which provides the conditions under concerning an agent for service for the Surface Coal Mining which the regulatory authority may applicant. The Director finds, to the Alaska proposed the addition of new accept a self-bond. Neither the Alaska extent that 11 AAC 90.207(f)(3) does not provisions at 11 AAC 90.163(c) (4) and statute nor the cited section of SMCRA require an applicant whose self-bond is 48838 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations guaranteed by a corporate guarantor to provides that discharges from 10. 11 AAC 90.327(b)(1) and (c), Stream maintain its own agent for service of underground workings to surface water Channel Diversions process in Alaska, that Alaska’s rule is and surface drainage from the disturbed Alaska proposed at 11 AAC 90.327 less effective than the counterpart area must pass through one or more (b)(1) and (c) to replace ‘‘erosion control Federal regulations at 30 CFR ‘‘siltation structures.’’ As discussed in structures’’ and ‘‘water treatment 800.23(c)(2). The Director requires finding No. 7 above, the Director finds facilities’’ with the term ‘‘siltation Alaska to amend its rule to require an use of the term ‘‘siltation structure’’ to structures.’’ The Director finds such applicant for a self-bond to meet the be less effective than the Federal replacement to be less effective than the requirements of 11 AAC 90.207(f)(1) (A), regulations at 30 CFR 816.41 (a) and (d) counterpart Federal regulations at 30 (C), and (D), otherwise revise its and 817.41 (a) and (d). The Director CFR 816.43 (a)(1) and (3) and 817.43 program to require the permittee to requires Alaska to revise 11 AAC 90.323 (a)(1) and (3) for the reasons discussed maintain an agent for service of process (a) to replace ‘‘siltation structures’’ with below. while its self-bond is guaranteed by a ‘‘sedimentation ponds or a treatment a. 11 AAC 90.327(b)(2), Design and corporate guarantor. facility,’’ or otherwise amend its Construction of stream channel 7. 11 AAC 90.321(d), Hydrologic regulatory program to provide a diversions.—Alaska proposed at 11 Balance definition of ‘‘siltation structures’’ that AAC 90.327(b)(1) to require that Alaska proposed at 11 AAC 90.321(d) is no less effective than the Federal ‘‘siltation structures’’ rather than to require that the Commissioner will, definition of this term at 30 CFR 701.5. ‘‘erosion control structures’’ must be in the Commissioner’s discretion, approved by the Commissioner and 9. 11 AAC 90.325(a), Diversions and require operation of necessary ‘‘siltation should be used only if necessary to Conveyance of Flow structures,’’ rather than water treatment control erosion. In the context of describing Federal facilities, for as long as treatment is Alaska proposed at 11 AACV required. The counterpart Federal performance standards for stream 90.325(a) to require that all diversions channel diversions, ‘‘erosion control regulations at 30 CFR 816.41 (a) and (d) and collection drains that are used to provide, in pertinent part, that the structures’’ and ‘‘siltation structures’’ transport water into ‘‘siltation are different kinds of structures and not regulatory authority may require structures,’’ rather than ‘‘treatment additional preventative, remedial, or inter-changeable. The preamble for the facilities,’’ must meet the requirements monitoring measures to assure that Federal regulations at 30 CFR of this section for diversions and material damage to the hydrologic 816.44(b)(1) (44 FR 15399, March 13, balance outside the permit area is conveyance of flow. The counterpart 1979) stated that ‘‘erosion control prevented and that if drainage control, Federal regulations at 30 CFR 816.43(a) structures such as channel lining restabilization and revegetation of and (c)(2) and 817.43(a) and (c)(2) structures, retention basins, and disturbed areas, diversion of runoff, provide, in pertinent part, that all artificial channel roughness structures mulching, or other reclamation and diversions shall be designed to shall be used in diversions only when remedial practices are not adequate, the minimize the adverse impacts to the approved by the regulatory authority as operator shall use and maintain the hydrologic balance, which includes, as being necessary to control erosion.’’ necessary water-treatment facilities or provided at 30 CFR 816.41(d)(1) and Because the Alaska program lacks a water quality controls. Further, the 817.41(d)(1), the use and maintenance definition for ‘‘siltation structures,’’ it is Federal regulations at 30 CFR 701.5 of necessary water-treatment facilities or not known whether ‘‘siltation define ‘‘siltation structure’’ to mean ‘‘a water quality controls if drainage structures,’’ as used here, would include sedimentation pond, a series of control, restabilization and revegetation structures such as channel linings, sedimentation ponds, or other treatment of disturbed areas, diversion of runoff, gabions, or retention basins. Therefore, facility.’’ Alaska has no counterpart mulching, or other reclamation or the Director does not approve at definition for ‘‘siltation structure.’’ remedial practices are not adequate to proposed 11 AAC 90.327(b)(1) the Because Alaska’s rule lacks the meet the hydrologic-balance protection replacement of the term ‘‘erosion requirement that the operator maintain requirements and the water quality control structures’’ with ‘‘siltation and use necessary water-treatment standards and effluent limitations. structures,’’ and requires Alaska to facilities, not just siltation structures, Therefore, because Alaska’s rule uses continue to use ‘‘erosion control the Director finds 11 AAC 90.321(d) to the term ‘‘siltation structure,’’ which is structures’’ when describing standards be less effective than the Federal not defined in the Alaska program, and for stream channel diversions used to control erosion. regulations at 30 CFR 816.41 (a) and (d) because the rule lacks the requirement and 817.41 (a) and (d). The Director b. 11 AAC 90.327(c), Removal of that the operator maintain and use temporary stream channel diversions.— does not approve 11 AAC 90.321(d) and necessary water-treatment facilities, not requires Alaska to revise it by ensuring Alaska proposed at 11 AAC 90.327(c) to just siltation structures, the Director require that downstream ‘‘siltation that water treatment facilities will be finds 11 AAC 90.325(a) to be less operated for as long as necessary or by structures,’’ rather than ‘‘water effective than the Federal regulations at adding a definition of ‘‘siltation treatment facilities,’’ previously 30 CFR 816.41(d)(1) and 817.41(d)(1), structure’’ to its rules that is no less protected by the diversion, must be and does not approve the replacement effective than the Federal definition of modified or removed at the time this term at 30 CFR 701.5. of ‘‘treatment facilities’’ with ‘‘siltation diversions are removed to prevent structures.’’ The Director requires overtopping or failure of the facilities, 8. 11 AAC 90.323(a), Water Quality Alaska to revise 11 AAC 90.325(a) by and that this requirement does not Standards ensuring that water treatment facilities relieve the operator from maintenance Alaska proposed nonsubstantive will be operated for as long as necessary of a ‘‘siltation structure,’’ rather than a editorial changes at 11 AAC 90.323(a), or by adding a definition of ‘‘siltation ‘‘water treatment facility,’’ otherwise which are approved by the Director (see structure’’ to its rules that is no less required under this chapter or the finding No. 1); however, existing effective than the Federal definition of permit. The counterpart Federal language contained in this provision this term at 30 CFR 701. 5. regulations at 30 CFR 816.43(a)(3) and Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48839

817.43(a)(3) require, in pertinent part, treated discharge complies with the 14. 11 AAC 90.443(k), Backfilling and that downstream water-treatment performance standards of this part. This Grading facilities previously protected by a part includes the provisions at Alaska proposed new language at 11 diversion shall be modified or removed, 817.41(d)(1), concerning protection of AAC 90.443(k) to provide that spoil as necessary, to prevent overtopping or the hydrologic balance and monitoring, shall be returned to the mined-out area, failure of the facilities, and that this 817.42, concerning water quality except for (1) excess spoil disposed of requirement shall not relieve the standards, and 817.46(b)(5), concerning in accordance with 11 AAC 90.391, and operator from maintaining water- maintenance of siltation structures until (2) spoil necessary to blend regraded treatment facilities as otherwise removal is authorized by the regulatory areas into the surrounding terrain in required. Because Alaska has not authority. As discussed in previous non-steep slope areas so long as all defined ‘‘siltation structures,’’ the findings, because Alaska has not vegetative and organic material is Director finds that replacement of defined ‘‘siltation structures,’’ the removed. The counterpart Federal ‘‘water treatment facilities’’ or water Director finds that use of the term regulations at 30 CFR 816.102(b) treatment facility’’ with ‘‘siltation ‘‘siltation structures’’ is less effective provide that spoil, except excess spoil structures’’ or ‘‘siltation structure’’ is than the Federal regulations at 30 CFR disposed of in accordance with 30 CFR less effective than 30 CFR 816.43(a)(3) 817.46(b)(5). The Director does not 816.71 through 816.74, shall be returned and 817.43(a)(3). The Director is not approve proposed 11 AAC 90.341(b)(2) to the mined-out area. In addition, 30 approving proposed 11 AAC 90.327(c) and requires Alaska to revise it to CFR 816.102(d) (1) through (3) provide and is requiring Alaska to revise it by provide for consistent maintenance of that spoil may be placed on the area retaining the terms ‘‘water treatment outside the mined-out area in nonsteep facilities’’ and ‘‘water treatment any treatment facility used during the slope areas to restore the approximate facility,’’ or to provide a definition of anticipated period of gravity discharge, original contour by blending the spoil ‘‘siltation structures’’ that includes or otherwise revise its regulatory into the surrounding terrain if certain ‘‘water-treatment facilities.’’ program to ensure that ‘‘siltation structure’’ is defined in accordance with requirements are met, including 11. 11 AAC 90.337(f), Impoundment 30 CFR 701.5. removal of all vegetative and organic Inspection material, removal, segregation, storage 13. 11 AAC 90.345(e), Surface and Alaska proposed at 11 AAC 90.337(f) and redistribution of topsoil, and Ground Water Monitoring to require that in addition to the formal backfilling and grading of the spoil in accordance with the requirements of 30 inspections required under 11 AAC Alaska proposed at 11 AAC 90.345(e), 90.337(a) through (e), all impoundments CFR 816.102. concerning the monitoring of stream, Alaska’s proposed rule at 11 AAC must be examined at least once a quarter lake, and other surface water bodies that by a qualified person for any 90.443(k) is similar to the Federal may be affected by the mining operation regulations at 30 CFR 816.102 (b) and appearances of structural weakness or or that will receive a discharge, to other hazardous conditions. The Federal (d), except that Alaska’s rule does not require that the monitoring must be require that (1) the topsoil on the area regulations at 30 CFR 816.49(a)(12) and conducted at both upstream and 817.49(a)(12) require, in pertinent part, outside the mined-out area in nonsteep downstream locations in all receiving slope areas be removed, segregated, that impoundments not meeting the SCS water bodies. The Federal regulations (Soil Conservation Service, now Natural stored, and redistributed in accordance concerning ground-water and surface- Resources Conservation Service) class B with Alaska’s counterpart to the cited water monitoring at 30 CFR 816.41(c) or C criteria for dams in TR–60, or Federal regulation at 30 CFR 816.22, and (e) and 817.41(c) and (e) require subject to 30 CFR 77.216–3, shall be and (2) the spoil to be placed on the area that monitoring shall be conducted examined at least quarterly. The outside the mined-out area in nonsteep according to the ground-water Director finds 11 AAC 90.337(f), which slope areas be backfilled and graded in requires that all impoundments must be monitoring plan and surface-water accordance with the requirements of examined at least quarterly, is no less monitoring plan approved under 30 CFR Alaska’s counterpart to the cited Federal effective than the Federal regulations 780.21(i) and (j) for surface mining regulation at 30 CFR 816.102. Therefore, and approves the revisions to this rule. activities and 30 CFR 784.14(h) and (i) the Director finds, to the extent that for underground mining activities, and Alaska’s rule at 11 AAC 90.443(k) lacks 12. 11 AAC 90.341(b)(2), Underground that the regulatory authority may the counterpart requirements of the Mine Entry and Access Discharges require additional monitoring when Federal regulations at 30 CFR Alaska proposed at 11 AAC necessary. There is no specific Federal 816.102(d) (2) and (3), 11 AAC 90.443(k) 90.341(b)(2) to replace ‘‘treatment regulatory counterpart to Alaska’s to be less effective than the Federal facility’’ with ‘‘siltation structure,’’ and proposed rule at 11 AAC 90.345(e), regulations. The Director approves allow gravity discharge of water from an which requires both upstream and proposed 11 AAC 90.443(k), but underground mine if all water downstream monitoring locations. requires Alaska to revise it to provide discharged, whether treated or not, However, the proposed requirement is that the topsoil on the area outside the meets applicable State and Federal laws not inconsistent with the Federal mined-out area in nonsteep slope areas and regulations, and the Commissioner regulations. Therefore, the Director shall be removed, segregated, stored and finds that consistent maintenance of any finds that proposed 11 AAC 90.345(e) is redistributed in accordance with its siltation structure required under 11 no less effective than 30 CFR 816.41(c) topsoil removal provisions and that the AAC 90.323 will occur throughout the and (e) and 817.41(c) and (e), which spoil be backfilled and graded on the anticipated period of gravity discharge. provide, in addition to conducting area in accordance with its provisions The Federal regulations at 30 CFR monitoring in accordance with the concerning performance standards for 817.41(i)(1) require, in pertinent part, approved monitoring plan, that the backfilling and grading, or otherwise that gravity discharges of water from regulatory authority may require amend its program to ensure that the underground mines may be allowed by additional monitoring when necessary. disposal of spoil provisions are no less the regulatory authority if it is The Director approves the proposed effective than the Federal regulations at demonstrated that the untreated or revisions to this rule. 30 CFR 816.102(d) (2) and (3). 48840 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

15. 11 AAC 90.491(f) Construction and 2. Federal Agency Comments maintaining hydrologic functions on Maintenance of Roads Pursuant to 732.17(h)(11)(i), OSM areas with agriculture potential. NRCS Alaska proposed at 11 AAC 90.491(f) solicited comments on the proposed suggested that these areas can be that any road used to transport coal or amendment from various Federal identified using existing Department of spoil, frequently used in excess of six agencies with an actual or potential Natural Resources guidelines for identifying lands with agricultural months for access or other purposes, or interest in the Alaska program potential. retained for an approved postmining (administrative record Nos. AK–E–2 and Alaska’s rule at 11 AAC 90.149(d) AK–E–16). land use, must meet several additional provides, in pertinent part, that certain U.S. Bureau of Reclamation (BOR).— requirements, including certification, information must be included in the By letter dated March 15, 1995, the BOR safety factor, location, drainage control, permit application if the proposed Washington, D.C. office responded that and surfacing. Proposed 11 AAC operation may affect an alluvial valley it does not have jurisdiction in the 90.491(f) is substantively the same as floor, unless the Commissioner Alaska area (administrative record No. the counterpart Federal regulations at 30 determines that some or all of the CFR 816.150(b) and 817.150(b) and AK–E–6). OSM has, therefore, removed information is unnecessary because the 816.151 (a) through (c), (d) (1) through the BOR Washington, D.C. office from particular valley floor has no history of (4), and (e) and 817.151 (a) through (c), the mailing list soliciting comments on farming, is not subirrigated, or has no (d) (1) through (4), and (e). However, Alaska amendments. deficiency of water. The counterpart proposed 11 AAC 90.491(f) lacks Bureau of Land Management (BLM).— Federal regulations at 30 CFR provisions that are required by the By letters dated March 17 and 785.19(b)(2) and (d)(1) provide, in Federal regulations at 30 CFR November 9, 1995, the BLM Alaska pertinent part, for statutory exclusions 816.151(c)(2), (d)(5), and (d)(6) and State Office responded that the concerning alluvial valley floors, 817.151(c)(2), (d)(5) and (d)(6), amendment created no potential including determinations by the State concerning fords of perennial or conflicts with the management criteria regulatory authority that (1) the intermittent streams, the alteration or of the BLM surface management premining land use is undeveloped relocation of natural stream channels, program in Alaska concerning mineral rangeland which is not significant to and structures for perennial or development. Therefore, BLM had no farming or (2) any farming on the intermittent stream channel crossings. comments on the proposed amendment alluvial valley floor that would be Alaska proposed new language at 11 (administrative record Nos. AK–E–7 and affected by the surface coal mining AAC 90.097 concerning reclamation AK–E–19). operation is of such small acreage as to plan general requirements for U.S. Bureau of Mines (BOM).—The be of negligible impact on the farm’s transportation facilities, to require that BOM Washington, D.C. office responded agricultural production. Farm, as used the surface coal mining application on March 17 and November 2, 1995, in these Federal regulations, is one or contain the specifications for each low that it had no comments (administrative more land units on which farming is water crossing and temporary stream record Nos. AK–E–8 and AK–E–18). In conducted and a farm is considered to ford (see finding No. 2), but Alaska did addition, the BOM Alaska Field be the combination of land units with not include all the necessary Operations Center responded on March acreage and boundaries in existence performance standards concerning 27, 1995, that it had no comments on prior to enactment of SMCRA, or if location and drainage control. With the the proposed revisions (administrative established after August 3, 1977, with exception of the lack of necessary record No. AK–E–11). those boundaries based on enhancement provisions discussed above, the Director U.S. Fish and Wildlife Service of the farm’s agricultural productivity. finds that proposed 11 AAC 90.491(f) is (FWS).—FWS responded on March 22, The Federal regulations do not no less effective than the Federal 1995, that it was not able to thoroughly specifically address ‘‘history of farming’’ regulations at 30 CFR 816.151 and review the proposed changes to Alaska’s or ‘‘potential for farming.’’ However, 817.151 and approves it. The Director is, rules due to staffing and funding OSM has determined that Alaska’s rule however, requiring Alaska to revise 11 constraints, and therefore, it had no at 11 AAC 90.149(d) is no less effective AAC 90.491(f) to ensure that its specific comments (administrative than the Federal regulations at 30 CFR performance standards for primary record No. AK–E–9). 785.19(d)(2) (see finding No. 1). OSM roads include requirements concerning U.S. Department of Energy (DOE).— interprets the phrase ‘‘history of fords, alteration or relocation of natural By letters dated March 21 and farming’’ to be consistent with the stream channels, and stream crossings, November 1, 1995, the DOE Alaska exceptions provided at 30 CFR or otherwise revise its program to Power Administration responded on 785.19(b)(2) in that the Federal provide counterpart provisions to the that it had no comments (administrative regulations require the regulatory Federal regulations at 30 CFR record Nos. AK–E–10 and AK–E–17). authority to determine the presence or 816.151(c)(2), (d)(5), and (d)(6) and Natural Resources Conservation absence of an alluvial valley floor, and 817.151(c)(2), (d)(5), and (d)(6). Service (NRCS).—NRCS responded on if an alluvial valley floor is present, then December 5, 1995, with comments on the regulatory authority determines the IV. Summary and Disposition of the proposed amendment premining land use and extent of Comments (administrative record No. AK–E–20). farming in relation to the farm’s Following are summaries of all NRCS commented that the ‘‘history of agricultural production. If there is no substantive written comments on the farming’’ at 11 AAC 90.149(d) should be history of farming on the lands, then the proposed amendment that were expanded to include ‘‘or potential for premining land use was not farming nor received by OSM, and OSM’s responses farming.’’ NRCS stated that many will a surface coal mining operation to them. alluvial valley floors have soil and impact the farm’s agricultural climate characteristics suitable for production. Therefore, OSM is not 1. Public Comments agriculture and that even though the requiring Alaska to revise 11 AAC OSM invited public comments on the total existing acres in production in 90.149(d). proposed amendment, but none were Alaska are limited due to market NRCS questioned why areas with received. conditions, that should not preclude permafrost or ice-covered ponds are Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48841 excluded from the provisions at 11 AAC None of the revisions that Alaska (2) Finding No. 2, 11 AAC 90.323(a). NRCS stated that permafrost proposed to make in its amendment 05.010(a)(11)(D) and 11 AAC 90.011, or ice-covered ponds should have no pertain to air or water quality standards. concerning permit fees, 11 AAC 90.002, impact on the need for siltation Nevertheless, OSM requested EPA’s concerning responsibilities, 11 AAC structures to maintain water quality concurrence with the proposed 90.025(a), concerning authority to enter because many areas with permafrost amendment (administrative record No. and ownership information, 11 AAC will, upon disturbance, mining or AK–E–03). EPA did not respond to 90.045(a), concerning geology otherwise, release considerable OSM’s request. description, 11 AAC 90.049(2)(D), sediment-laden water as the permafrost concerning surface water information, 4. State Historic Preservation Officer thaws. NRCS also commented that the 11 AAC 90.083(b)(12), concerning (SHPO) and the Advisory Council on relevancy of ice-covered ponds is not reclamation plan general requirements, Historic Preservation (ACHP) clear at all. Alaska’s rule at 11 AAC 11 AAC 90.097, concerning 90.323(a) provides for protection of the Pursuant to 30 CFR 732.17(h)(4), OSM transportation facilities, 11 AAC hydrologic balance and requires, in solicited comments on the proposed 90.149(d)(1), concerning operations near pertinent part, that the Commissioner amendment from the SHPO and ACHP alluvial valley floors, 11 AAC 90.163, must make a finding, when conditions (administrative record No. AK–E–02). (a), (b)(1), (c)(4), and (c)(5), concerning such as permafrost or ice-covered ponds Neither SHPO nor ACHP responded to exploration that substantially disturbs are present, that the drainage will meet OSM’s request. the natural land surface or occurs in an area designated unsuitable for mining, the applicable State and Federal water V. Director’s Decision quality laws and regulations without 11 AAC 90.207(f)(1), (2), and (4) through treatment. What NCRA has interpreted Based on the above findings, the (7), concerning requirements for self- to be an exclusion from the Director approves, with certain bonding, 11 AAC 90.375, concerning requirements of 11 AAC 90.323(a) is not exceptions and additional requirements, public notice of blasting, 11 AAC an exclusion from the requirement to Alaska’s proposed amendment as 90.391(h) and (s), concerning disposal of meet the State’s water quality standards. submitted on January 26 and February excess spoil or coal mine waste, 11 AAC Therefore, OSM is not requiring Alaska 13 and 14, 1995, and as revised and 90.407(e), concerning coal mine waste to revise 11 AAC 90.323(a) to remove supplemented with additional dams and embankments, 11 AAC the language concerning permafrost and explanatory information on October 11, 90.409, concerning return to ice-covered ponds. 23, and 24, 1995. underground workings, 11 AAC With the requirement that Alaska Concerning proposed 11 AAC 90.391, 90.423(b) and (h), concerning protection further revise its rules, the Director does of fish and wildlife, 11 AAC NRCS questioned to what standards not approve, as discussed in: must revegetation occur, whether this 90.443(d)(1), concerning backfilling and (1) Finding No. 7, 11 AAC 90.321(d), grading previously mined areas, 11 AAC meant native species, and if revegetation concerning hydrologic balance, had to be compatible with the post- 90.491(a)(1), (6), and (8), (c)(5) through (2) Finding No. 9, 11 AAC 90.325(a), (7), (e), and (f)(1) through (9), mining land use. Proposed 11 AAC concerning diversions and conveyance 90.391(s) requires, in pertinent part, that concerning construction and of flow, maintenance of roads, transportation all disturbed areas, including diversion (3) Finding No. 10(a) and (b), 11 AAC channels that are not riprapped or and support facilities, and utility 90.327(b)(1) and (c), concerning stream installations, 11 AAC 90.901(e), otherwise protected, shall be channel diversions, and revegetated upon completion of concerning authority, and 11 AAC (4) Finding No. 12, 11 AAC 90.907(c) and (d), concerning public construction. The requirements of 90.341(b)(2), concerning underground proposed 11 AAC 90.391(s) concern participation; mine entry and access discharges. (3) Finding No. 3, 11 AAC 90.003, stabilization of the surface area and are The Director approves, as discussed repeal of provisions concerning substantively the same as the in: continued operation under interim counterpart Federal regulations at (1) finding No. 1, 11 AAC 90.025(b) permits; 816.71(g) and 817.71(g) (see finding No. and (c), concerning right of entry (4) Finding No. 4, 11 AAC 90.099, 2). OSM states that the performance information, 11 AAC 90.049(2) and concerning return of coal mine waste standards for revegetation are provided (2)(E) through (H), concerning surface and excess spoil to abandoned at 30 CFR 816.111 and 817.111, water information, 11 AAC underground workings; including the use of native species and 90.083(b)(10) and (11), concerning (5) Finding No. 5, 11 AAC compatibility with the approved reclamation plan general requirements, 90.163(c)(4) and (5), concerning postmining land use. Therefore, 11 AAC 90.149(d), concerning exploration that substantially disturbs vegetative cover used for surface area operations near alluvial valley floors, 11 the natural land surface or occurs in an stabilization must meet the specific AAC 90.163(b), (c), and (c)(3)(B), area designated unsuitable for surface requirements addressed by NRCS’s concerning exploration that coal mining; questions concerning revegetation. substantially disturbs the natural land (6) Finding No. 11, 11 AAC 90.337(f), surface or occurs in an area designated 3. Environmental Protection Agency concerning impoundment inspections; unsuitable for mining, 11 AAC (EPA) Concurrence and 90.391(b), concerning disposal of excess (7) Finding No. 13, 11 AAC 90.345(e), Pursuant to 30 CFR 732.17(h)(11)(ii), spoil or coal mine waste, 11 AAC concerning surface and ground water OSM is required to solicit the written 90.401(e), concerning coal mine waste monitoring. concurrence of EPA with respect to refuse piles, 11 AAC 90.491(a), (a)(7), With the requirement that Alaska those provisions of the proposed (c)(4), and (c)(8), concerning further revise its rules, the Director program amendment that relate to air or construction and maintenance of roads, approves, as discussed in: water quality standards promulgated transportation and support facilities, (1) Finding No. 6a., 11 AAC 90.207(f), under the authority of the Clean Water and utility installations, and 11 AAC concerning definitions of ‘‘self-bond’’ Act (33 U.S.C. 1251 et seq.) or the Clean 90.907(e), (f), (g), (h), and (j), concerning and other terms concerning financial Air Act (42 U.S.C. 7401 et seq.). public participation; statements, 48842 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

(2) Finding No. 6b, 11 AAC 2. Executive Order 12988 6. Unfunded Mandates Reform Act 90.207(f)(3), concerning an agent for The Department of the Interior has This rule will not impose a cost of service, conducted the reviews required by (3) Finding No. 8, 11 AAC 90.323(a), $100 million or more in any given year section 3 of Executive Order 12988 on any governmental entity or the concerning water quality standards, (Civil Justice Reform) and has (4) Finding No. 14, 11 AAC 90.443(k), private sector. determined that this rule meets the concerning backfilling and grading, and applicable standards of subsections (a) List of Subjects in 30 CFR Part 902 (5) Finding No. 15, concerning and (b) of that section. However, these construction and maintenance of roads. Intergovernmental relations, Surface In accordance with 30 CFR standards are not applicable to the mining, Underground mining. actual language of State regulatory 732.17(f)(1), the Director is also taking Dated: August 26, 1996. this opportunity to clarify in the programs and program amendments James F. Fulton, required amendment section at 30 CFR since each such program is drafted and 902.16 that, within 60 days of the promulgated by a specific State, not by Acting Regional Director, Western Regional Coordinating Center. publication of this final rule, Alaska OSM. Under sections 503 and 505 of must either submit a proposed written SMCRA (30 U.S.C. 1253 and 1255) and For the reasons set out in the amendment, or a description of an the Federal regulations at 30 CFR preamble, title 30, chapter VII, amendment to be proposed that meets 730.11, 732.15, and 732.17(h)(10), subchapter T of the Code of Federal the requirements of SMCRA and 30 CFR decisions on proposed State regulatory Regulations is amended as set forth programs and program amendments Chapter VII and a timetable for below: enactment that is consistent with submitted by the States must be based Alaska’s established administrative or solely on a determination of whether the PART 902ÐALASKA legislative procedures. submittal is consistent with SMCRA and The Director approves the rules as its implementing Federal regulations 1. The authority citation for part 902 proposed by Alaska with the provision and whether the other requirements of continues to read as follows: that they be fully promulgated in 30 CFR Parts 730, 731, and 732 have Authority: 30 U.S.C. 1201 et seq. identical form to the rules submitted to been met. 2. Section 902.15 is amended by and reviewed by OSM and the public. 3. National Environmental Policy Act The Federal regulations at 30 CFR adding paragraph (d) to read as follows: Part 902, codifying decisions concerning No environmental impact statement is required for this rule since section § 902.15 Approval of regulatory program the Alaska program, are being amended amendments. to implement this decision. This final 702(d) of SMCRA (30 U.S.C. 1292(d)) * * * * * rule is being made effective immediately provides that agency decisions on to expedite the State program proposed State regulatory program (d) With the exception of 11 AAC amendment process and to encourage provisions do not constitute major 207(f), concerning requirements for self- States to bring their programs into Federal actions within the meaning of bonds, 11 AAC 90.321(d), concerning conformity with the Federal standards section 102(2)(C) of the National hydrologic balance, 11 AAC 90.323(a), without undue delay. Consistency of Environmental Policy Act (42 U.S.C. concerning water quality standards, 11 State and Federal standards is required 4332(2)(C)). AAC 90.325(a), concerning diversions by SMCRA. 4. Paperwork Reduction Act and conveyance of flow, 11 AAC 90.327(b)(1) and (c), concerning stream Effect of Director’s Decision This rule does not contain channel diversions, 11 AAC Section 503 of SMCRA provides that information collection requirements that 90.341(b)(2), concerning underground a State may not exercise jurisdiction require approval by OMB under the mine entry and access discharges, 11 under SMCRA unless the State program Paperwork Reduction Act (44 U.S.C. AAC 90.443(k), concerning backfilling is approved by the Secretary. Similarly, 3507 et seq.). and grading, and 11 AAC 90.491(f), 30 CFR 732.17(a) requires that any 5. Regulatory Flexibility Act concerning construction and maintenance of roads, the revisions to alteration of an approved State program The Department of the Interior has and additions of rules proposed in be submitted to OSM for review as a determined that this rule will not have program amendment. Thus, any changes a significant economic impact on a Alaska Amendment IV, as submitted to to the State program are not enforceable substantial number of small entities OSM on January 26, 1995, and as until approved by OSM. The Federal under the Regulatory Flexibility Act (5 revised on October 11, 23, and 24, are regulations at 30 CFR 732.17(g) prohibit U.S.C. 601 et seq.). The State submittal approved effective September 17, 1996. any unilateral changes to approved State that is the subject of this rule is based 3. Section 902.16 is amended by programs. In the oversight of the Alaska upon counterpart Federal regulations for adding the introductory paragraph and program, the Director will recognize which an economic analysis was paragraph (b) to read as follows: only the statutes, regulations and other prepared and certification made that § 902.16 Required program amendments. materials approved by OSM, together such regulations would not have a with any consistent implementing significant economic effect upon a Pursuant to 30 CFR 732.17(f)(1), policies, directives and other materials, substantial number of small entities. Alaska is required to submit to OSM by and will require the enforcement by Accordingly, this rule will ensure that the specified date the following written, [State] of only such provisions. existing requirements previously proposed program amendments, or a VI. Procedural Determinations promulgated by OSM will be description of an amendment to be implemented by the State. In making the proposed that meets the requirements of 1. Executive Order 12866 determination as to whether this rule SMCRA and 30 CFR Chapter VII and a This rule is exempted from review by would have a significant economic timetable for enactment that is the Office of Management and Budget impact, the Department relied upon the consistent with Alaska’s established (OMB) under Executive Order 12866 data and assumptions for the administrative or legislative procedures. (Regulatory Planning and Review). counterpart Federal regulations. * * * * * Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48843

(b) By November 18, 1996, Alaska that are no less effective than 30 CFR Branch, Field Operations Division shall revise the following rules, or 816.151(b)(2), (d)(5), and (d)(6) and (7506C), Office of Pesticide Programs, otherwise modify its program, to: 817.151(b)(2), (d)(5) and (d)(6). Environmental Protection Agency, 401 (1) At 11 AAC 90.207(f), require the [FR Doc. 96–23677 Filed 9–16–96; 8:45 am] M St., SW., Washington, DC 20460. In addition of a definition for the term person, bring a copy of objections and ‘‘self-bond’’ and other financial terms BILLING CODE 4310±05±M hearing requests to Rm. 1132, CM #2, used to describe self-bonds consistent 1921 Jefferson Davis Hwy., Arlington, with the Federal regulations at 30 CFR VA 22202. A copy of objections and 800.5(c) and 800.23(a), and to require ENVIRONMENTAL PROTECTION hearing requests filed with the Hearing the applicant for a self-bond that is AGENCY Clerk may also be submitted guaranteed by a corporate guarantor to 40 CFR Part 180 electronically by sending electronic retain his/her own agent for service in mail (e-mail) to: opp- Alaska. [OPP±300436; FRL±5395±8] [email protected]. Copies of (2) At 11 AAC 90.321(d), require that objections and hearing requests must be RIN 2070±AB78 water treatment facilities will be submitted as an ASCII file avoiding the operated for as long as necessary, or add Pyridaben; Pesticide Tolerances for use of special characters and any form a definition of ‘‘siltation structure’’ that Emergency Exemptions of encryption. Copies of objections and is no less effective than the Federal hearing requests will also be accepted definition of this term at 30 CFR 701.5. AGENCY: Environmental Protection on disks in WordPerfect 5.1 file format (3) At 11 AAC 90.323(a), replace Agency (EPA). or ASCII file format. All copies of ‘‘siltation structures’’ with ‘‘treatment ACTION: Final Rule. objections and hearing requests in facilities,’’ or add a definition of electronic form must be identified by ‘‘siltation structure’’ that is no less SUMMARY: This regulation establishes the docket number [OPP–300436]. No effective than the Federal definition of time-limited tolerances for combined Confidential Business Information (CBI) this term at 30 CFR 701.5. residues of the insecticide/miticide should be submitted through e-mail. (4) At 11 AAC 90.325(a), require that pyridaben in or on the raw agricultural Electronic copies of objections and water treatment facilities will be commodity apples and the processed hearing requests on this rule may be operated for as long as necessary or add feed commodity wet apple pomace in filed online at many Federal Depository a definition of ‘‘siltation structure’’ that connection with EPA’s granting of Libraries. is no less effective than the Federal emergency exemptions under section 18 definition of this term at 30 CFR 701.5. FOR FURTHER INFORMATION CONTACT: By (5) At 11 AAC 90.327(b)(1) and (c), of the Federal Insecticide, Fungicide, mail: Pat Cimino, Registration Division require that ‘‘erosion control structures’’ and Rodenticide Act authorizing use of (7505W), Environmental Protection be used when describing standards for pyridaben on apples in Delaware, New Agency, 401 M St., SW., Washington, stream channel diversions used to Jersey, and Virginia. This regulation DC 20460. Office location and telephone control erosion, and that the terms establishes maximum permissible levels number: Sixth Floor, Crystal Station #1, ‘‘water treatment facilities’’ and ‘‘water for residues of pyridaben in these foods 2800 Jefferson Davis Highway, treatment facility’’ be retained or pursuant to section 408(l)(6) of the Arlington, VA 22202. (703) 308–8328, e- provide a definition of ‘‘siltation Federal Food, Drug and Cosmetic Act, mail: [email protected]. structures’’ that includes ‘‘water- as amended by the Food Quality SUPPLEMENTARY INFORMATION: EPA, on treatment facilities.’’ Protection Act of 1996 (Pub. L. 104– its own initiative, pursuant to section (6) At 11 AAC 90.341(b)(2), require 170). The tolerances will expire and be 408(e) and (l)(6) of the Federal Food, that any treatment facility used during revoked automatically without further Drug and Cosmetic Act (FFDCA), 21 the anticipated period of gravity action by EPA on August 23, 1997. U.S.C. 346a(e) and (l)(6), is establishing discharge will be consistently DATES: This regulation becomes tolerances for residues of the maintained, or add a definition of effective September 17, 1996. This insecticide/miticide pyridaben [2-tert- ‘‘siltation structure’’ that is no less regulation expires and is revoked butyl-5-(4-tert-butylbenzylthio)-4- effective than the Federal definition of automatically without further action by chloropyridazin-3(2H)-one] in or on this term at 30 CFR 701.5. EPA on August 23, 1997. Objections and apples at 0.5 part per million (ppm) and (7) At 11 AAC 90.443(k), require that requests for hearings must be received in or on wet apple pomace at 1.0 ppm. the topsoil on the area outside the by EPA on November 18, 1996. These tolerances will expire and be mined-out area in nonsteep slope areas ADDRESSES: Written objections and revoked automatically without further shall be removed, segregated, stored and hearing requests, identified by the action by EPA on August 23, 1997. redistributed in accordance with its docket number, [OPP–300436], must be I. Background and Statutory Authority topsoil removal provisions and that the submitted to: Hearing Clerk (1900), spoil be backfilled and graded on the Environmental Protection Agency, Rm. The Food Quality Protection Act of area in accordance with its provisions M3708, 401 M St., SW., Washington, DC 1996 (FQPA) (Pub. L. 104–170) was concerning performance standards or 20460. Fees accompanying objections signed into law August 3, 1996. FQPA backfilling and grading, or add and hearing requests shall be labeled amends both the Federal Food, Drug, provisions to ensure that the disposal of ‘‘Tolerance Petition Fees’’ and and Cosmetic Act (FFDCA), 21 U.S.C. spoil provisions are no less effective forwarded to: EPA Headquarters 301 et seq., and the Federal Insecticide, than the Federal regulations at 30 CFR Accounting Operations Branch, OPP Fungicide, and Rodenticide Act 816.102(d) (2) and (3). (Tolerance Fees), P.O. Box 360277M, (FIFRA), 7 U.S.C. 136 et seq. The FQPA (8) At 11 AAC 90.491(f), require the Pittsburgh, PA 15251. amendments went into effect addition of provisions concerning fords A copy of any objections and hearing immediately. Among other things, of perennial or intermittent streams, the requests filed with the Hearing Clerk FQPA amends FFDCA to bring all EPA alteration or relocation of natural stream identified by the docket number, [OPP– pesticide tolerance-setting activities channels, and structures for perennial or 300436], should be submitted to: Public under a new section 408 with a new intermittent stream channel crossings Response and Program Resources safety standard and new procedures. 48844 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

New section 408(b)(2)(A)(i) allows pesticide chemical in or on food, EPA FIFRA section 18 emergency EPA to establish a tolerance (the legal did not establish a tolerance or exemptions and their time sensitive limit for a pesticide chemical residue in exemption from the requirement for a nature, EPA will continue to process or on a food) only if EPA determines tolerance under FFDCA. Rather, EPA section 18 applications for food uses that the tolerance is ‘‘safe.’’ Section advised the Food and Drug which clearly are emergencies and 408(b)(2)(A)(ii) defines ‘‘safe’’ to mean Administration (FDA) of the emergency which clearly are consistent with the that ‘‘there is a reasonable certainty that exemption and of the level of residues new FFDCA section 408 safety standard no harm will result from aggregate that EPA concluded would be present in and with FIFRA section 18. EPA will exposure to the pesticide chemical or on affected foods as a result of the publish a notice in the Federal Register residue, including all anticipated emergency use. However, new section soon summarizing the requirements of dietary exposures and all other 408(l)(6) requires EPA to establish a FQPA, indicating how EPA intends to exposures for which there is reliable tolerance or exemption from the meet those requirements, and describing information.’’ This includes exposure requirement for a tolerance for pesticide actions necessary to assure that EPA through drinking water, but does not chemical residues in food that will complies with the law. EPA intends to include occupational exposure. Section result from the use of a pesticide under promulgate the procedural rule required 408(b)(2)(C) requires EPA to give special an emergency exemption granted by under section 408(l)(6) by August 3, consideration to exposure of infants and EPA under section 18 of FIFRA. Section 1997, but EPA also intends to continue children to the pesticide chemical 408(l)(6) also requires EPA to to grant appropriate section 18 residue in establishing a tolerance and promulgate regulations by August 3, emergency exemptions and issue the to ‘‘ensure that there is a reasonable 1997, governing the establishment of associated tolerances and exemptions in certainty that no harm will result to tolerances and exemptions under the interim pending promulgation of infants and children from aggregate section 408(l)(6) and requires that the that rule. EPA also intends to issue exposure to the pesticide chemical regulations be consistent with section interim guidance to States and others on residue....’’ Section 408(b)(2)(D) 408(b)(2) and (c)(2) and FIFRA section how EPA will implement section 18 of specifies factors EPA is to consider in 18. FIFRA and section 408(l)(6) in the near establishing a tolerance. Section Section 408(e) gives EPA general future. 408(b)(3) requires EPA to determine that authority to establish tolerances and EPA intends to address how it will there is a practical method for detecting exemptions from the requirement for a provide an expiration date for section and measuring levels of the pesticide tolerance through notice and comment 408(l)(6) tolerances and exemptions in chemical residue in or on food and that rulemaking procedures upon EPA’s the general procedural rule to be the tolerance be set at a level at or above initiative. Section 408(l)(6) allows EPA promulgated by August 3, 1997. In the the limit of detection of the designated to establish tolerances or exemptions interim, EPA has decided to proceed as method. Section 408(b)(4) requires EPA from the requirement for a tolerance, in follows. Section 408(l)(5) specifies that, to determine whether a maximum connection with EPA’s granting of if a tolerance or exemption from the residue level has been established for FIFRA section 18 emergency requirement for a tolerance for a the pesticide chemical by the Codex exemptions, without providing notice or Alimentarius Commission. If so, and a period for public comment. Thus, pesticide chemical residue in or on a EPA does not propose to adopt that consistent with the need to act food has been revoked under section level, EPA must publish for public expeditiously on requests for emergency 408, food containing the residue is not comment a notice explaining the exemptions under FIFRA, EPA can unsafe (and thus subject to action by reasons for departing from the Codex establish such tolerances or exemptions FDA as ‘‘adulterated’’) if ‘‘the residue is level. Section 408(c) governs EPA’s under authority of section 408(e) and present as the result of an application or establishment of exemptions from the (l)(6) without notice and comment use of a pesticide at a time and in a requirement for a tolerance using the rulemaking. The other procedures set manner that was lawful’’ under FIFRA same safety standard as section out in section 408(e) and (g) are and ‘‘the residue does not exceed a level 408(B)(2)(A) and incorporating the applicable to these tolerances and that was authorized at the time of that provisions of section 408(b)(2)(C) and exemptions. Tolerances and exemptions application or use to be present on the (D). issued under section 408(l)(6) must be food under a tolerance....’’ Taking Section 18 of FIFRA authorizes EPA consistent with the safety standards in section 408(l)(5) and (6) together, EPA to exempt any Federal or State agency section 408(b)(2) and (c)(2), has concluded that the best way to effect from any provision of FIFRA, if EPA respectively, that are applicable to all an ‘‘expiration date’’ during this interim determines that ‘‘emergency conditions tolerances and exemptions under period for a tolerance or exemption exist which require such exemption.’’ section 408, and with FIFRA section 18. established in connection with EPA’s This provision was not amended by Section 408(l)(6) specifies that such grant of a FIFRA section 18 emergency FQPA. EPA has established regulations tolerances and exemptions must have an exemption is to specify that the governing such emergency exemptions expiration date but does not specify tolerance or exemption will expire and in 40 CFR part 166. Generally, these how EPA is to set such an expiration be revoked automatically, without regulations allow a State or Federal date. further action by EPA, as of a specified agency to apply for an exemption to In light of FQPA, EPA is engaged in date. That date will generally be allow use of a pesticide for which that an intensive process, including approximately 1 year from the date of pesticide is not registered to alleviate an consultation with registrants, States, issuance of the emergency exemption. emergency condition. The regulations and other interested stakeholders, to Under section 408(l)(5), food that set forth information requirements, make decisions on the new policies and contains residues of the pesticide procedures, and standards for EPA’s procedures that will be appropriate as a chemical as a result of lawful use under approval or denial of such exemptions. result of enactment of FQPA. This the terms of the section 18 emergency Prior to FQPA, when EPA granted an process will generally delay the review exemption, and at levels that are within emergency exemption under section 18 of food use applications, particularly those set by the tolerance or exemption in connection with use of a pesticide those involving exposure to children. that was established under section that could result in residues of the However, recognizing the importance of 408(l)(6) in connection with the section Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48845

18 action, would remain lawful after the the necessary tolerances under FFDCA (the ‘‘no observed effects level’’ or tolerance or exemption is automatically section 408(l)(6) would clearly be ‘‘NOEL’’). revoked. EPA believes that handling the consistent with the new safety standard Once a study has been evaluated and section 18-related tolerances and and with FIFRA section 18. These the observed effects have been exemptions in this manner will allow tolerances for pyridaben will permit the determined to be threshold effects, EPA EPA to respond promptly to emergency marketing of apples treated in generally divides the NOEL from the conditions during this interim period accordance with the provisions of the study with the lowest NOEL by an and will ensure that food containing section 18 emergency exemptions. uncertainty factor (usually 100 or more) pesticide residues as a result of use Consistent with the need to move to determine the Reference Dose (RfD). under an emergency exemption will not quickly on the emergency exemptions The RfD is a level at or below which be considered ‘‘adulterated.’’ and to ensure that the resulting food is daily aggregate exposure over a lifetime In deciding to continue to act on safe and lawful, EPA is issuing these will not pose appreciable risks to section 18 emergency exemptions and to tolerances without notice and human health. An uncertainty factor issue the associated tolerances and opportunity for public comment under (sometimes called a ‘‘safety factor’’) of exemptions early in the process of section 408(e) as provided in section 100 is commonly used since it is FQPA implementation, EPA recognizes 408(l)(6). Although these tolerances will assumed that people may be up to 10 that it will be necessary to make expire and be revoked automatically times more sensitive to pesticides than decisions about the new FFDCA section without further action by EPA on the test animals, and that one person or 408, including the new safety standard. August 23, 1997, under FFDCA section subgroup of the population (such as In establishing section 18-related 408(l)(5), residues of pyridaben not in infants and children) could be up to 10 tolerances and exemptions during this excess of the amounts specified in the times more sensitive to a pesticide than interim period before EPA issues the tolerances remaining in or on apples another. In addition, EPA assesses the section 408(l)(6) procedural regulation and wet apple pomace (and foods potential risks to infants and children and before EPA makes its broad policy derived from such apples) after that date based on the weight of the evidence of decisions concerning the interpretation will not be unlawful, provided the the toxicology studies and determines and implementation of the new section pesticide is applied during the term of, whether an additional uncertainty factor 408, EPA does not intend to set and in accordance with all the is warranted. Thus, an aggregate daily precedents for the application of section conditions of, the emergency exposure to a pesticide residue at or 408 and the new safety standard to other exemptions. EPA will take action to below the RfD (expressed as 100 percent tolerances and exemptions. Rather, revoke these tolerances earlier if any or less of the RfD) is generally these early section 18 tolerance and experience with, scientific data on, or considered acceptable by EPA. Lifetime feeding studies in two exemption decisions will be made on a other relevant information on this species of laboratory animals are case-by-case basis and will not bind pesticide indicate that the residues are conducted to screen pesticides for EPA as it proceeds with further not safe. rulemaking and policy development. cancer effects. When evidence of EPA intends to act on section 18-related EPA has not made any decisions increased cancer is noted in these tolerances and exemptions that clearly about whether pyridaben meets the studies, the Agency conducts a weight qualify under the new law. requirements for registration under of the evidence review of all relevant FIFRA section 3 for use on apples or toxicological data including short term II. Emergency Exemptions for whether permanent tolerances for and mutagenicity studies and structure Pyridaben on Apples and FFDCA pyridaben for apples and wet apple activity relationship. Once a pesticide Tolerances pomace would be appropriate. This has been classified as a potential human On August 23, 1996, EPA approved action by EPA does not serve as a basis carcinogen, different types of risk emergency exemptions under FIFRA for registration of pyridaben by a State assessments (e.g., linear low dose section 18 for the states of Delaware, for special local needs under FIFRA extrapolations or margin of exposure New Jersey and Virginia for use of section 24(c). For additional information calculation based on the appropriate pyridaben on apples in those states to regarding the emergency exemptions for NOEL) will be carried out based on the control European red mite and two- pyridaben, contact the Agency’s nature of the carcinogenic response and spotted spider mite. Emergency Registration Division at the address the Agency’s knowledge of its mode of conditions are determined to exist since provided above. action. there are no effective pesticides III. Risk Assessment and Statutory In examining aggregate exposure, available for late-season use in Findings FFDCA section 408 requires that EPA Integrated Pest Management (IPM) take into account available and reliable programs for control of mites in EPA performs a number of analyses to information concerning exposure from Delaware, New Jersey and Virginia. The determine the risks from aggregate the pesticide residue in the food in available data indicate that pyridaben is exposure to pesticide residues. First, question, residues in other foods for effective for mite control and is EPA determines the toxicity of which there are tolerances, and other compatible with mid-Atlantic apple IPM pesticides based primarily on non-occupational exposures, such as programs. toxicological studies using laboratory where residues leach into groundwater As part of its assessment of these animals. These studies address many or surface water that is consumed as applications for emergency exemptions, adverse health effects, including (but drinking water. Dietary exposure to EPA assessed the potential risks not limited to) reproductive effects, residues of a pesticide in a food presented by residues of pyridaben in or developmental toxicity, toxicity to the commodity are estimated by on apples and all foods derived from nervous system, and carcinogenicity. multiplying the average daily such apples. In doing so, EPA For many of these studies, a dose consumption of the food forms of that considered the new safety standard in response relationship can be commodity by the tolerance level or the FFDCA section 408(b)(2), and EPA determined, which provides a dose that anticipated pesticide residue level. The decided to grant the section 18 causes adverse effects (threshold effects) Theoretical Maximum Residue exemptions only after concluding that and doses causing no observed effects Contribution (TMRC) is an estimate of 48846 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations the level of residues consumed daily if of effects observed, EPA concluded that account this conservative exposure each food item contained pesticide any effects noted at the 0.5 mg/kg/day assessment. residues equal to the tolerance. The feeding level (the NOAEL) were Other potential sources of exposure of TMRC is a ‘‘worst case’’ estimate since sufficiently negligible as to not require the general population to residues of it is based on the assumptions that food the application of an additional pesticides are residues in drinking water contains pesticide residues at the uncertainty factor above the 100-fold and exposure from non-occupational tolerance level and that 100 percent of factor already applied to the NOAEL. sources. Based on the available studies the crop is treated by pesticides that 2. Acute toxicity. Based on the used in EPA’s assessment of have established tolerances. If the available acute toxicity data, EPA has environmental risk, EPA does not TMRC exceeds the RfD or poses a determined that pyridaben does not anticipate exposure to residues of lifetime cancer risk that is greater than pose any acute dietary risks. pyridaben in drinking water. There is no approximately 1 in 1 million, EPA 3. Carcinogenicity. Using its established Maximum Concentration attempts to derive a more accurate Guidelines for Carcinogen Risk Level for residues of pyridaben in exposure estimate for the pesticide by Assessment published September 24, drinking water. EPA has not estimated evaluating additional types of 1986 (51 FR 33992), EPA has classified non-occupational exposure for information (anticipated residue data pyridaben as Group ‘‘E’’ for pyridaben since the current registration and/or percent of crop treated data) carcinogenicity (no evidence of for pyridaben is limited to commercial which show, generally, that pesticide carcinogenicity) based on the results of greenhouse use for non-food ornamental plants and the only other use will be for residues in most foods when they are carcinogenicity studies in two species. commercial apple production under the eaten are well below established There was no evidence of conditions of the section 18 emergency tolerances. carcinogenicity in an 18–month feeding Consistent with section 408(b)(2)(D), exemptions EPA just granted. The study in mice and a 2–year feeding EPA has reviewed the available potential for non-occupational exposure study in rats at the dosage levels tested. scientific data and other relevant to the general population is, thus, not The doses tested are adequate for information in support of this action. expected to be significant. identifying a cancer risk. Thus, a cancer Pyridaben is already registered by EPA EPA also considered the potential for risk assessment would not be for greenhouse use on non-food cumulative effects of pyridaben and appropriate. ornamental plants. EPA has also other substances that have a common assessed the toxicology data base for B. Aggregate Exposure mechanism of toxicity. EPA concluded pyridaben in its evaluation of that consideration of a common applications for registration on apples For purposes of assessing the mechanism of toxicity is not appropriate and citrus. Thus, while EPA has made potential dietary exposure under these at this time. EPA does not have reliable no decision on the pending registration tolerances, EPA has estimated aggregate information to indicate that toxic effects application for apples and citrus, EPA exposure based on the TMRC from the produced by pyridaben would be has sufficient data to assess the hazards tolerance for pyridaben on apples at 0.5 cumulative with those of any other of pyridaben and to make a ppm and apple pomace at 1.0 ppm. The chemical compounds; thus EPA is determination on aggregate exposure, TMRC is obtained by multiplying the considering only the potential risks of consistent with section 408(b)(2), for the tolerance level residue for apples (0.5 pyridaben in its aggregate exposure time-limited tolerances for residues of ppm) by the consumption data which assessment. estimates the amount of apples and pyridaben on apples at 0.5 ppm and C. Safety Determinations apple pomace at 1.0 ppm. EPA’s apple products eaten by various assessment of the dietary exposures and population subgroups. Apple pomace is 1. U.S. population in general. Using risks associated with establishing these fed to animals; thus exposure of humans the conservative exposure assumptions tolerances follows. to residues in apple pomace might described above, based on the result if such residues are transferred to completeness and reliability of the A. Toxicological Profile meat, milk, poultry, or eggs. However, toxicity data, EPA has concluded that 1. Chronic effects. Based on the based on the results of animal aggregate exposure to pyridaben will available chronic toxicity data, EPA has metabolism studies and the amount of utilize 6.8 percent of the RfD for the established the RfD for pyridaben at pyridaben residues expected in animal U.S. population. EPA generally has no 0.005 milligrams(mg)/kilogram(kg)/day. feeds, EPA has concluded that there is concern for exposures below 100 The RfD for pyridaben is based on a 1– no reasonable expectation that percent of the RfD because the RfD year feeding study in dogs with a No- measurable residues of pyridaben will represents the level at or below which Observed Adverse Effect Level (NOAEL) occur in meat and milk under the terms daily aggregate dietary exposure over a of 0.5 mg/kg/day and an uncertainty of this emergency exemption. Apple lifetime will not pose appreciable risks factor of 100. For this chemical, EPA has pomace is not a poultry feed item, thus to human health. EPA concludes that used the NOAEL instead of a NOEL no residues are expected in poultry or there is a reasonable certainty that no because effects that were judged by EPA eggs. There are no other established U.S. harm will result from aggregate to be minor were observed at the lowest tolerances for pyridaben, and there are exposure to pyridaben residues. dose tested (0.5 mg/kg/day). The effects no registered uses for pyridaben on food 2. Infants and children. In assessing observed at the NOAEL were vomiting, or feed crops in the United States. In the potential for additional sensitivity of excessive salivation, and soft stool/ conducting this exposure assessment, infants and children to residues of diarrhea (all clinical signs unassociated EPA has made very conservative pyridaben, EPA considered data from with changes in biochemical parameters assumptions—100% of apples will developmental toxicity studies in the rat and histopathology). EPA questioned contain pyridaben residues and those and rabbit and a 2-generation the biological significance of the small residues would be at the level of the reproduction study in the rat. The increase in these effects as compared to tolerance—which result in an developmental toxicity studies are effects noted in the control group. overestimate of human exposure. Thus, designed to evaluate adverse effects on Futher, after consideration of the in making a safety determination for the developing organism resulting from frequency, severity, and transient nature these tolerances, EPA is taking into pesticide exposure during prenatal Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48847 development to one or both parents. assessing aggregate risk to infants and some modification to reflect the new Reproduction studies provide children. law. However, until those modifications information relating to effects from Using the conservative exposure can be made, EPA will continue to use exposure to the pesticide on the assumptions described above, EPA has those procedural regulations with reproductive capability of mating concluded that the percent of the RfD appropriate adjustments to reflect the animals and data on systemic toxicity. that will be utilized by aggregate new law. Developmental toxicity (delayed exposure to residues of pyridaben Any person may, by November 18, ossification) was observed in studies ranges from 9.6 percent for children 7 to 1996, file written objections to any using rats and rabbits. The (NOEL’s) for 12 years old, up to 63 percent for non- aspect of this regulation (including the developmental effects were established nursing infants. Therefore, based on the automatic revocation provision) and at 13 mg/kg/day in the rat study and 15 completeness and reliability of the may also request a hearing on those mg/kg/day in the rabbit study. The toxicity data and the conservative objections. Objections and hearing developmental effect observed in these exposure assessment, EPA concludes requests must be filed with the Hearing studies is believed to be a secondary that there is a reasonable certainty that Clerk, at the address given above (40 effect resulting from maternal stress no harm will result to infants and CFR 178.20). A copy of the objections (decreased body weight gain and food children from aggregate exposure to and/or hearing requests filed with the consumption). pyridaben residues. Hearing Clerk should be submitted to the OPP docket for this rulemaking. The In a 2-generation reproduction study D. Other Considerations in rats, pups from the high dose group, objections submitted must specify the The metabolism of pyridaben in which were fed diets containing 80 ppm provisions of the regulation deemed plants and animals is adequately pyridaben, gained less weight beginning objectionable and the grounds for the understood for the purposes of these on lactation day 14. The only effects objections (40 CFR 178.25). Each tolerances. There are no Codex seen in pups were decreased body objection must be accompanied by the maximum residue levels established for weight gain, indicating that they were fee prescribed by 40 CFR 180.33(i). If a residues of pyridaben on apples or wet hearing is requested, the objections receiving the test compound from the apple pomace. There is a practical must include a statement of the factual diet. Parental systemic toxicity analytical method for detecting and issues on which a hearing is requested, including decreased body weights, body measuring levels of pyridaben in or on the requestor’s contentions on such weight gains and food efficiency in food with a limit of detection that issues, and a summary of any evidence males, and slightly decreased body allows monitoring of food with residues relied upon by the requestor (40 CFR weights and body weight gains in at or above the levels set in these 178.27). A request for a hearing will be females during lactation was also tolerances. EPA has provided granted if the Administrator determines observed in the high dose group. The information on this method to FDA. The that the material submitted shows the LOEL for parental systemic toxicity is method is available to anyone who is following: There is genuine and 80 ppm (equivalent to 6.31 and 7.82 mg/ interested in pesticide residue substantial issue of fact; there is a kg/day in male and females, enforcement from: By mail, Calvin reasonable possibility that available respectively). The NOEL for parental Furlow, Public Response and Program evidence identified by the requestor systemic toxicity is 28 ppm (equivalent Resources Branch, Field Operations would, if established, resolve one or to 2.20 and 2.41 mg/kg/day in male and Division (7506C), Office of Pesticide more of such issues in favor of the females, respectively). There was no Programs, Environmental Protection requestor, taking into account effect on reproductive parameters at all Agency, 401 M St. SW., Washington, DC uncontested claims or facts to the dose levels tested in this study. 20460. Office location and telephone contrary; and resolution of the factual FFDCA section 408 provides that EPA number: Crystal Mall #2, Rm 1128, 1921 issues in the manner sought by the may apply an additional safety factor for Jefferson Davis Hwy., Arlington, VA requestor would be adequate to justify infants and children in the case of 22202, 703–305–5805. the action requested (40 CFR 178.32). threshold effects to account for pre- and Information submitted in connection post-natal toxicity and the completeness E. Conclusion with an objection or hearing request of the database. Based on the current Therefore, tolerances in connection may be claimed confidential by marking toxicological data requirements, the with the FIFRA section 18 emergency any part or all of that information as database relative to pre- and post-natal exemptions are established for residues Confidential Business Information (CBI). effects for children is complete. Further, of pyridaben in apples at 0.5 ppm and Information so marked will not be for the chemical pyridaben, the NOAEL wet apple pomace at 1.0 ppm. These disclosed except in accordance with at 0.5 mg/kg/day from the dog study, tolerances will expire and be procedures set forth in 40 CFR part 2. which was used to calculate the RfD automatically revoked without further A copy of the information that does not (discussed above), is already lower than action by EPA on August 23, 1997. contain CBI must be submitted for the NOEL’s from the developmental inclusion in the public record. IV. Objections and Hearing Requests studies in rats and rabbits by a factor of Information not marked confidential more than 10-fold. As to the The new FFDCA section 408(g) may be disclosed publicly by EPA reproduction study, the lack of severity provides essentially the same process without prior notice. of the pup effects observed (decreased for persons to ‘‘object’’ to a tolerance body weight) in the reproduction study regulation issued by EPA under new V. Public Docket at the systemic LOEL and the fact that section 408(e) and (l)(6) as was provided A record has been established for this the effects began at day 14 and in the old section 408 and in section rulemaking under docket number [OPP– continued through adulthood suggests 409. However, the period for filing 300436] (including comments and data that there is no additional sensitivity for objections is 60 days, rather than 30 submitted electronically as described infants and children. Therefore; EPA days. EPA currently has procedural below). A public version of this record, concludes that an additional uncertainty regulations which govern the including printed, paper versions of factor is not warranted and that the RfD submission of objections and hearing electronic comments, which does not at 0.005 mg/kg/day is appropriate for requests. These regulations will require include any information claimed as CBI, 48848 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations is available for inspection from 8 a.m. to and, since this action does not impose List of Subjects in 40 CFR Part 180 4:30 p.m., Monday through Friday, any information collection requirements Environmental protection, excluding legal holidays. The public as defined by the Paperwork Reduction Administrative practice and procedure, record is located in Room 1132 of the Act, 44 U.S.C. 3501 et seq., it is not Agricultural commodities, Pesticides Public Response and Program Resources subject to review by the Office of and pests, Reporting and recordkeeping Branch, Field Operations Division Management and Budget. In addition, requirements. (7506C), Office of Pesticide Programs, this action does not impose any Environmental Protection Agency, enforceable duty or contain any Dated: September 6, 1996. Crystal Mall #2, 1921 Jefferson Davis unfunded mandate as described in the Daniel M. Barolo, Highway, Arlington, VA. Unfunded Mandates Reform Act of 1995 Director, Office of Pesticide Programs. Electronic comments can be sent (Pub. L. 104–4), or require prior Therefore, 40 CFR Chapter I is directly to EPA at: consultation with State officials as amended as follows: [email protected] specified by Executive Order 12875 (58 FR 58093, October 28, 1993), or special PART 180Ð [AMENDED] Electronic comments must be considerations as required by Executive submitted as an ASCII file avoiding the Order 12898 (59 FR 7629, February 16, 1. In part 180: use of special characters and any form 1994). a. The authority citation for part 180 of encryption. Because FFDCA section 408(l)(6) is revised to read as follows: The official record for this permits establishment of this regulation Authority: 21 U.S.C. 346a and 371. rulemaking, as well as the public without a notice of proposed b. By adding a new § 180.494 to read version, as described above will be kept rulemaking, analysis under the as follows: in paper form. Accordingly, EPA will Regulatory Flexibility Act, 5 U.S.C. transfer all comments received 604(a), is not required. § 180.494 Pyridaben; tolerances for electronically into printed, paper form Under 5 U.S.C. 801(a)(1)(A) of the residues. as they are received and will place the Administrative Procedure Act (APA) as (a) [Reserved]. paper copies in the official rulemaking amended by the Small Business (b) Time-limited tolerances. Time- record which will also include all Regulatory Enforcement Fairness Act of limited tolerances are established for comments submitted directly in writing. 1996 (Title II of Pub. L. 104–121, 110 residues of the insecticide/miticide The official rulemaking record is the Stat. 847), EPA submitted a report pyridaben [2-tert-butyl-5-(4-tert- paper record maintained at the address containing this rule and other required butylbenzylthio)-4-chloropyridazin- in ‘‘ADDRESSES’’ at the beginning of information to the U.S. Senate, the U.S. 3(2H)-one] in connection with use of the this document. House of Representatives and the pesticide under section 18 emergency Comptroller General of the General exemptions granted by EPA. The VI. Regulatory Assessment Accounting Office prior to publication tolerances are specified in the following Requirements of the rule in today’s Federal Register. table. Each tolerance expires and is Under Executive Order 12866 (58 FR This rule is not a ‘‘major rule’’ as automatically revoked on the date 51735, October 4, 1993), this action is defined by 5 U.S.C. 804(2) of the APA specified in the table without further not a ‘‘significant regulatory action’’ as amended. action by EPA.

Parts per Commodity million Expiration/Revocation Date

Apples ...... 0.5 August 23, 1997 Apples, pomace, wet ...... 1.0 August 23, 1997

[FR Doc. 96–23905 Filed 9–16–96; 8:45 am] Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: The BILLING CODE 6560±50±F Commerce. fisheries for coastal migratory pelagic ACTION: Final rule. resources are managed under the FMP. The FMP was prepared by the Gulf of DEPARTMENT OF COMMERCE SUMMARY: In accordance with the Mexico and South Atlantic Fishery framework procedure for adjusting Management Councils and is National Oceanic and Atmospheric management measures of the Fishery implemented by regulations at 50 CFR Administration Management Plan for the Coastal part 622 under the authority of the Migratory Pelagic Resources of the Gulf Magnuson Fishery Conservation and 50 CFR Part 622 of Mexico and South Atlantic (FMP), Management Act (Magnuson Act). NMFS implements commercial vessel In accordance with the framework [Docket No. 950725189±6245±04 ; I.D. trip limits for the Atlantic migratory 060696A] rulemaking procedures of the FMP, the group of king mackerel. The intended South Atlantic Council (Council) RIN 0648±AI92 effects of this rule are to preclude an recommended, and NMFS published, a early closure of the commercial fishery, proposed rule to establish commercial Fisheries of the Caribbean, Gulf of protect king mackerel from overfishing, vessel trip limits for the Atlantic Mexico, and South Atlantic; Coastal and maintain healthy stocks while still migratory group of king mackerel (61 FR Migratory Pelagic Resources of the allowing catches by important 34785, July 3, 1996). That proposed rule Gulf of Mexico and South Atlantic; commercial fisheries. Changes in Catch Limits described the FMP framework EFFECTIVE DATE: September 23, 1996. procedures through which the Council AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: recommended the trip limits and Service (NMFS), National Oceanic and Mark F. Godcharles, 813–570–5305. explained the need and rationale for Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48849 them. Those descriptions are not previous years. Levels of SPR form the reduce the efficiency of operations for repeated here. basis of the FMP definitions for some fishermen. For some years and ‘‘overfished,’’ ‘‘overfishing,’’ and ‘‘OY.’’ areas, particularly south Florida, the trip Comments and Responses The recommended ABC range limits would have substantially reduced Three letters were received during the establishes the boundaries for the some individual vessel’s landings as comment period. One from the Council Council’s selection of the annual TAC. well as the area’s total catch. supported the proposed trip limits and The 1996 SPR estimate, which declined Nevertheless, given the estimated requested approval and expedient to 32 percent from last year’s estimate reduced stock size and the lower implementation to forestall a possible of 55 percent, is above the 20 percent commercial quota for the 1996–97 closure during the 1996–97 season. The SPR level delineating overfished stocks fishing year, implementation of trip other two—from a gillnet fisherman and but is below the 40 percent SPR level limits is necessary to prevent a commercial fishermen’s required to meet the long-term, target recruitment overfishing, to avoid organization—opposed the trip limits. level OY proposed by the Council in disproportionate and inequitable Similar comments were addressed in FMP Amendment 8. The estimated 1996 harvest of the available quota by one the final rule implementing the partially range of ABC decreased to 4.4 - 6.8 user group compared to another, and to approved 1995–96 mackerel catch million lb (1,996 - 3,084 mt) from the minimize the possibility of an early specifications (60 FR 57686; November 1995 estimate of 7.3 - 15.5 million lb closure of the commercial fishery. 17, 1995) and in the proposed rule (3,311 - 7,031 mt). Accordingly, the Avoidance of such problems is announcing this action (61 FR 34785; Council recommended that the 1996–97 consistent with National Standards 1, 3, July 3, 1996). TAC be decreased from 7.3 to 6.8 and 4 (as discussed herein) and with the National Standard 1 million lb (3,311 to 3,048 mt). objectives of the FMP (e.g., stabilize If the Council’s recommended TAC is fishery yields at maximum sustainable Comment: One commenter stated that approved, the resulting 1996–97 yield (MSY) and minimize gear and user trip limits for Atlantic group king commercial quota of 2.52 million lb group conflicts). For these reasons, mackerel are unnecessary and (1,143 mt) will be somewhat above NMFS believes that the trip limits strike inconsistent with maintaining optimum levels harvested during the past 4 a reasonable balance between achieving yield (OY) and maximizing benefits to fishing years, which ranged from about efficient resource utilization and everyone. He further commented that 2.0 - 2.2 million lb (907 - 998 mt). promoting stability of the such proposals designed to decrease Moreover, this resulting quota will be socioeconomic and biological efficiency and prevent quota overruns similar to catch levels during the characteristics of the fishery. are not justifiable considering that the preceding 3-year period (1989–90 annual commercial quota has not been through 1991–92 fishing years), which National Standard 2 harvested since the 1988–89 season and ranged from 2.5 - 2.7 million lb (1,134 Comment: A commenter stated that that the resource is not considered - 1,225 mt). Therefore, at the expected the trip limits, particularly the 1,250–lb overfished. commercial quota level of 2.52 million (567–kg) commercial trip limit proposed Response: National Standard 1 lb, implementation of vessel trip limits for off Monroe County (Florida Keys), requires conservation and management is necessary to avoid an early closure of are not supported by the best available measures to prevent overfishing while the fishery and help ensure equitable scientific information. He submitted an achieving, on a continuing basis, the OY distribution of the commercial quota annotated bibliography suggesting that from each fishery. NMFS believes the among traditional fisheries. the trip limits are not designed to trip limits will not preclude harvest of As discussed in detail in the preamble provide maximum protection for the commercial quota or achievement of to the proposed rule (60 FR 34785; July spawning king mackerel. For example, OY. Rather, in consideration of newly 3, 1996), the Council also proposed the the largest trip limit is proposed for an available stock assessment information trip limits to prevent excessive harvest area off the South Atlantic Bight, which and the Council’s recent actions to of pre-spawning and spawning fish and, he contends is a major spawning area. reduce total allowable catch (TAC) and thus, to avoid recruitment overfishing of However, the most restrictive trip limits quotas, NMFS has determined that the both Atlantic and Gulf groups of king are proposed for south Florida in areas trip limits are necessary to achieve the mackerel. The trip limits should prevent where the commenter suggests the objectives of the FMP and those excessive catches of the Atlantic group contribution of spawning fish is not specified for this action. Specifically, king mackerel throughout the spring/ important. He also states that off North the trip limits should: Prevent user summer spawning season and of the Carolina, king mackerel have a groups from exceeding their traditional Gulf group king mackerel during April. prolonged spawning season which portion of the quota; reduce the King mackerel harvest in April, peaks June through August. Therefore, likelihood of a closure that would unrestricted by daily vessel trip limits, he infers that few, if any, king mackerel negatively impact commercial fisheries could result in the unintentional taking spawn in the Florida Keys area. Finally, north of Florida; limit harvest during of large quantities of Gulf group king the commenter speculates that the the spawning period, and, thus protect mackerel when such fish are still proposals were not reviewed by the the stock from recruitment overfishing located within the boundaries of the Council’s Scientific and Statistical and help in rebuilding it to the level Atlantic group. The Council considers Committee (SSC). capable of meeting the long-term OY such catches ‘‘double-dipping,’’ (i.e., Response: National Standard 2 target of the FMP; and minimize gear overrunning of Gulf group quotas that requires conservation and management and user group conflicts resulting from have already been harvested during the measures to be based upon the best possible effort shifts by fishermen south Florida winter fishing season). scientific information available. The displaced from other fisheries. Such overruns contribute to exceeding Director of NMFS’ Southeast Fisheries This year’s stock assessment for TAC, or the yearly OY target, and Science Center has certified that the trip Atlantic group king mackerel provided increase the risk of recruitment limits are based on the best available much lower estimates of the spawning overfishing and of not achieving OY. scientific information and appear risk- potential ratio (SPR) and the acceptable According to the Council’s impact averse in maintaining the stock at a size biological catch (ABC) range than in analyses, the trip limits would alter or level not posing risks of recruitment 48850 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations overfishing. Furthermore, the trip limit Standard 6 requires conservation and and equitable, reasonably calculated to proposals have been reviewed by the management measures to take into promote conservation, and carried out SSCs of both the South Atlantic and account and allow for variations among, in such a manner that no particular Gulf of Mexico Fishery Management and contingencies in, fisheries, fishery entity acquires an excessive share of Councils. resources, and catches. The comments such privileges. Although there will be The lower trip limits are designed to received in opposition to the proposed some disadvantage to more efficient prevent excessive catches and rule were considered to be rigid fishermen (e.g., high liners or net gear overfishing off south Florida where interpretations of the national standards users), the trip limits are necessary to about half to two-thirds of the that do not reflect accurately the achieve long-term OY targets and to commercial quotas for the Atlantic and flexibility described in the Guidelines maximize overall benefits from the Gulf groups of king mackerel are taken for Fishery Management Plans and the fishery to participants throughout the annually. The trip limits off south legislative history of the Magnuson Act. management area. Florida should protect against double- Consequently, NMFS has determined In response to previous comments dipping of quotas already taken during that the trip limits are an important part received, the Council increased the trip the winter season and allow greater of a risk-adverse program to protect limit proposed for the Florida Keys from escapement for overwintering fish to against overfishing, distribute the 50 fish to 1,250–lb (567–kg) (about 125 migrate to summer spawning grounds. annual commercial quota equitably fish) per day. The higher limit was They also would preclude excessive among resource users throughout the proposed to help offset costs of harvest during summer spawning management area, preclude in-season producing Atlantic group king mackerel months. closure and resultant negative from more distant fishing grounds and, Although larval collection surveys socioeconomic impacts, rebuild the thus, allow a more efficient and have provided some information on the stock to long-term OY target levels, and, profitable operation of vessels in that location of king mackerel spawning thus, provide the socioeconomic and area. The different trip limits in grounds, the findings of the surveys are conservation benefits intended by the different areas of the coast may not considered conclusive because the Council. disadvantage some mackerel fishermen patchy occurrence of larvae in oceanic over others. However, the overall waters has made biological sampling National Standard 4 benefits to the entire community of difficult. Therefore, information yielded Comment: One commenter believed resource users should offset any adverse from sparse larval data collections off that the trip limit proposals were not impacts on specific fishermen. The south Florida is unlikely to be fair and equitable to the commercial 1,250–lb (567–kg) trip limit for the representative or an accurate indicator fishermen of Monroe County. He did not Florida Keys and the 500–lb (227–kg) of the actual spawning contribution of believe that, compared to the lower trip trip limit for the Florida east coast this area. Presently, determination of limits proposed for Florida’s southeast should provide fair access while this type of information is confounded and Florida Keys fisheries, the higher preventing excessive catches, early by seasonal migrations, protracted trip limit proposed for the northern area closures, and quota overruns. For these spawning seasons, and inconclusive logically follows from the Council’s reasons, NMFS believes that the trip findings of stock identification genetics projection of an additional effort shift limits satisfy the requirements of studies. Until further scientific from nearby fishermen displaced from National Standard 4 regarding fairness information becomes available, New England fishery closures. He and equity to all fishery participants protection of spawners by trip limits, stated, ‘‘Ideally, all users should bear throughout the management area, while even in areas considered as minor the burden of resource conservation.’’ providing a rational management spawning grounds, is a conservative Another commenter indicated that the approach to achieve OY. approach in a risk-averse management trip limit proposals were unjust and Concern about the possibilities of program that prevents overfishing and unfair to Florida east coast net effort increasing from displaced rebuilds stocks to long-term OY target fishermen. He believed that the fishermen entering the fishery was only levels. As indicated by the 1996 stock proposed trip limits would eliminate one of several factors supporting the assessment, both groups of king nets in favor of hook-and-line implementation of trip limits. Some mackerel are below SPR target levels fishermen. Net fishermen, he stated, protection from potential effort shifts representing the long-term OY. should have a share of the east coast will be provided by all the trip limits. subzone quota similar to that provided The comment suggesting a separate National Standard 3 by the gillnet quota for the Florida west gillnet quota for Florida southeast coast Comment: One commenter stated that coast subzone. fishermen is not within the scope of this the different trip limits do not provide Response: National Standard 4 action, therefore, no response is uniform management for the stock requires conservation and management provided. throughout its range. He reasoned that if measures to not discriminate between Atlantic group king mackerel is in residents of different states; the Other Comments jeopardy, fishing mortality from allocation or assignment of fishing Comment: The Council chairman commercial fishing should be reduced privileges among U.S. fishermen must stated that, after reviewing the 1996 uniformly throughout its range. be fair and equitable to all affected stock assessment and the decreased SPR Response: National Standard 3 fishermen, reasonably designed to estimate, the Council remains requires that an individual stock of fish, promote conservation, and implemented concerned about the status of Atlantic to the extent practicable, be managed as in a way so as to prevent any particular group king mackerel. In addition, he a unit throughout its range, and that individual, corporation, or other entity expressed concern that the TAC interrelated stocks of fish be managed as from acquiring an excessive share of reduction recommended by the Council a unit or in close coordination. The goal such privileges. in response to the lower 1996 ABC of National Standard 3 is not to manage NMFS believes the trip limits are range would result in an early closure stocks with identical measures but to consistent with National Standard 4. of the 1996–97 fishing season, thereby manage a given stock as a unit From the perspective of assigning negatively impacting states north of throughout its range. Indeed, National fishing privileges, they would be fair Florida. To avoid this potential Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48851 situation, he expressed the Council’s York through southwest Florida be day in amounts exceeding 1,250 lb (567 support and request to implement the implemented as soon as possible. The kg) from April 1 through October 31. trip limits as soon as possible. Assistant Administrator for Fisheries, (2) Gulf group. Commercial trip limits Response: During agency review of NOAA, therefore, finds that good cause are established in the eastern zone as the proposed action, NMFS carefully exists, under 5 U.S.C. 553(d)(3), to follows. (See § 622.42(c)(1)(i) for considered these and other comments establish an effective date of less than specification of the eastern zone and before approving the Council’s 30 days after the date of publication of § 622.42(c)(1)(i)(A)(3) for specifications regulatory amendment and issuing this this final rule. To provide sufficient of the subzones in the eastern zone.) implementing final rule. NMFS issued notification of the trip limits, (i) Florida east coast subzone. In the this final rule in as timely a manner as particularly to vessels that may be at Florida east coast subzone, king practicable consistent with the sea, NMFS makes the final rule effective mackerel in or from the EEZ may be Council’s stated objectives and concerns September 23, 1996. possessed on board or landed from a about the effects of an early fishery vessel for which a commercial permit closure. List of Subjects in 50 CFR Part 622 for king and Spanish mackerel has been Changes from the Proposed Rule Fisheries, Fishing, Puerto Rico. issued, as required under Reporting and recordkeeping § 622.4(a)(2)(iv)— Since the proposed rule was requirements, Virgin Islands. (A) From November 1, each fishing published, NMFS has consolidated most Dated: September 11, 1996. year, until 75 percent of the subzone’s of its fishery regulations for the fishing year quota of king mackerel has Nancy Foster, Southeast Region into one set of been harvested—in amounts not regulations at 50 CFR part 622 (61 FR Deputy Assistant Administrator for Fisheries, exceeding 50 king mackerel per day. 34930, July 3, 1996). Accordingly, this National Marine Fisheries Service. (B) From the date that 75 percent of final rule amends the regulations for For the reasons set out in the the subzone’s fishing year quota of king coastal migratory pelagic resources in 50 preamble, 50 CFR part 622 is amended mackerel has been harvested until a CFR part 622 in lieu of an amendment as follows: closure of the Florida east coast subzone to similar regulations previously PART 622ÐFISHERIES OF THE has been effected under § 622.43(a)—in contained in part 642. Minor changes in amounts not exceeding 25 king language have been made to conform to CARIBBEAN, GULF, AND SOUTH ATLANTIC mackerel per day. However, if 75 the standards in part 622. Further, the percent of the subzone’s quota has not addition, in logical order, of commercial 1. The authority citation for part 622 been harvested by March 1, the vessel trip limits for Atlantic group king continues to read as follows: limit remains at 50 king mackerel per mackerel, as contained in this final rule, Authority: 16 U.S.C. 1801 et seq. day until the subzone’s quota is filled or requires redesignation of existing until March 31, whichever occurs first. paragraphs in § 622.44(a). For 2. In § 622.44, paragraph (a) is revised (ii) Florida west coast subzone—(A) convenience and ease of understanding, to read as follows: Gillnet gear. (1) In the Florida west coast this final rule redesignates and reprints § 622.44 Commercial trip limits. subzone, king mackerel in or from the the existing commercial trip limits for EEZ may be possessed on board or Gulf group king mackerel contained in * * * * * landed from a vessel for which a (a) King mackerel—(1) Atlantic group. that paragraph without substantive ° commercial permit with a gillnet change. (i) North of 29 25’ N. lat., which is a line endorsement has been issued, as directly east from the Flagler/Volusia Classification required under § 622.4(a)(2)(ii), from County, FL, boundary, king mackerel in July 1, each fishing year, until a closure This final rule has been determined to or from the EEZ may not be possessed of the Florida west coast subzone’s be not significant for purposes of E.O. on board or landed from a vessel in a fishery for vessels fishing with run- 12866. day in amounts exceeding 3,500 lb around gillnets has been effected under The Assistant General Counsel for (1,588 kg). § 622.43(a)—in amounts not exceeding Legislation and Regulation of the (ii) In the area between 29°25’ N. lat. ° 25,000 lb (11,340 kg) per day. Department of Commerce certified to and 28 47.8’ N. lat., which is a line (2) In the Florida west coast subzone: the Chief Counsel for Advocacy of the directly east from the Volusia/Brevard (i) King mackerel in or from the EEZ Small Business Administration that the County, FL boundary, king mackerel in may be possessed on board or landed proposed rule, if adopted, would not or from the EEZ may not be possessed from a vessel that uses or has on board have a significant economic impact on on board or landed from a vessel in a a run-around gillnet on a trip only when a substantial number of small entities. day in amounts exceeding 3,500 lb such vessel has on board a commercial The reasons for this certification were (1,588 kg) from April 1 through October permit for king and Spanish mackerel published in the preamble to the 31. with a gillnet endorsement. proposed rule (61 FR 34966, July 3, (iii) In the area between 28°47.8’ N. (ii) King mackerel from the west coast 1996) and are not repeated here. No lat. and 25°20.4’ N. lat., which is a line subzone landed by a vessel for which comments were received in response to directly east from the Dade/Monroe such commercial permit with the proposed rule that required a change County, FL boundary, king mackerel in endorsement has been issued will be in that assessment. As a result, a or from the EEZ may not be possessed counted against the run-around gillnet regulatory flexibility analysis was not on board or landed from a vessel in a quota of § 622.42(c)(1)(i)(A)(2)(ii). prepared. day in amounts exceeding 500 lb (227 (iii) King mackerel in or from the EEZ To avoid early closure of the kg) from April 1 through October 31. harvested with gear other than run- commercial Atlantic group king (iv) In the area between 25°20.4’ N. around gillnet may not be retained on mackerel fishery and disproportionate lat. and 25°48’ N. lat., which is a line board a vessel for which such harvest of the quota by certain user directly west from the Monroe/Collier commercial permit with endorsement groups, it is essential that the trip limits County, FL boundary, king mackerel in has been issued. for commercial vessels that harvest or from the EEZ may not be possessed (B) Hook-and-line gear. In the Florida Atlantic group king mackerel from New on board or landed from a vessel in a west coast subzone, king mackerel in or 48852 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations from the EEZ may be possessed on announcement of the 1996 management the Queets River and Leadbetter Point, board or landed from a vessel with a measures and is intended to ensure WA, at 2400 hours l.t., September 5. commercial permit for king and Spanish conservation of coho salmon. The Regional Director consulted with mackerel, as required by DATES: Closure from the U.S.-Canadian representatives of the Pacific Fishery § 622.4(a)(2)(iv), and operating under border to Cape Alava, WA, is effective Management Council, the Washington the hook-and-line gear quota in at 2400 hours l.t., August 31, 1996, Department of Fish and Wildlife, and § 622.42(c)(1)(i)(A)(2)(i): through 2400 hours l.t., September 26, the Oregon Department of Fish and (1) From July 1, each fishing year, 1996. Closure from the Queets River to Wildlife regarding these closures. The until 75 percent of the subzone’s hook- Leadbetter Point, WA, is effective at State of Washington will manage the and-line gear quota has been 2400 hours l.t., September 5, 1996, recreational fisheries in state waters harvested—in amounts not exceeding through 2400 hours l.t., September 26, adjacent to these areas of the exclusive 125 king mackerel per day. 1996. Comments will be accepted economic zone in accordance with this (2) From the date that 75 percent of through October 1, 1996. Federal action. As provided by the the subzone’s hook-and-line gear quota inseason notice procedures of 50 CFR has been harvested until a closure of the ADDRESSES: Comments may be mailed to 660.411, actual notice to fishermen of west coast subzone’s hook-and-line William Stelle, Jr., Director, Northwest this action was given prior to 2400 fishery has been effected under Region, NMFS, 7600 Sand Point Way hours l.t., August 31, 1996 (closure from § 622.43(a)—in amounts not exceeding NE., Seattle, WA 98115–0070. the U.S.-Canadian border to Cape Alava, 50 king mackerel per day. Information relevant to this action has WA) and 2400 hours l.t., September 5, (iii) Notice of trip limit changes. The been compiled in aggregate form and is 1996 (closure from the Queets River to Assistant Administrator, by filing a available for public review during Leadbetter Point, WA) by telephone notification of trip limit change with the business hours at the Northwest hotline number 206–526–6667 or 800– Office of the Federal Register, will effect Regional Office. 662–9825 and by U.S. Coast Guard the trip limit changes specified in FOR FURTHER INFORMATION CONTACT: Notice to Mariners broadcasts on paragraphs (a)(2)(i) and (a)(2)(ii)(B) of William L. Robinson, 206–526–6140. Channel 16 VHF-FM and 2182 kHz. this section when the requisite harvest SUPPLEMENTARY INFORMATION: Because of the need for immediate level has been reached or is projected to Regulations governing the ocean salmon action to stop the fishery upon be reached. fisheries at 50 CFR 660.409(a)(1) state achievement of the quota, NMFS has * * * * * that when a quota for the commercial or determined that good cause exists for [FR Doc. 96–23769 Filed 9–16–96; 8:45 am] the recreational fishery, or both, for any this announcement to be issued without BILLING CODE 3510±22±F salmon species in any portion of the affording a prior opportunity for public fishery management area is projected by comment. This announcement does not the Regional Director to be reached on apply to other fisheries that may be 50 CFR Part 660 or by a certain date, NMFS will, by an operating in other areas. [Docket No. 960126016±6121±04; I.D. inseason action issued under 50 CFR Classification 090696B] 660.411, close the commercial or This action is authorized by 50 CFR recreational fishery, or both, for all 660.409 and 660.411 and is exempt from Fisheries Off West Coast States and in salmon species in the portion of the review under E.O. 12866. the Western Pacific; West Coast fishery management area to which the Authority: 16 U.S.C. 1801 et seq. Salmon Fisheries; Closures from the quota applies as of the date the quota is Dated: September 11, 1996. U.S.-Canadian Border to Cape Alava, projected to be reached. Richard W. Surdi, WA, and from the Queets River to By inseason management action (61 Leadbetter Point, WA FR 40157, August 1, 1996), NMFS Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. AGENCY: National Marine Fisheries announced that the contingency seasons north of Cape Falcon, OR, would open [FR Doc. 96–23771 Filed 9–16–96; 8:45 am] Service (NMFS), National Oceanic and BILLING CODE 3510±22±F Atmospheric Administration (NOAA), as stated in the annual management Commerce. measures for ocean salmon fisheries (61 FR 20175, May 6, 1996). The 1996 ACTION: Closures. 50 CFR Part 660 recreational fishery in the area between [Docket No. 960126016±6121±04; I.D. SUMMARY: NMFS announces that the U.S.-Canadian border and Cape 090696C] recreational salmon fisheries were Alava, WA, would open on August 5, closed in the following areas: From the and the 1996 recreational fishery in the Fisheries Off West Coast States and in U.S.-Canadian border to Cape Alava, area between the Queets River and the Western Pacific; West Coast WA (48°10′00′′ N. lat.), at 2400 hours Leadbetter Point, WA, would open on Salmon Fisheries; Inseason local time (l.t.), August 31, 1996; and July 22. Each fishery would continue Adjustments from the U.S.-Canadian from the Queets River (47°31′42′′ N. lat.) through September 26 or attainment of Border to the Queets River, WA ° ′ ′′ to Leadbetter Point, WA (46 38 10 N. their respective quotas of 6,400 and AGENCY: National Marine Fisheries lat.), at 2400 hours l.t., September 5, 23,000 coho salmon (revised at 61 FR Service (NMFS), National Oceanic and 1996. The areas will remain closed 43472, August 23, 1996), whichever Atmospheric Administration (NOAA), under the terms of the preseason occurred first. Commerce. announcement of the 1996 management The best available information on ACTION: Inseason adjustments. measures. The Director, Northwest August 29 indicated that catch and Region, NMFS (Regional Director), has effort data and projections supported SUMMARY: NMFS announces the transfer determined that the recreational quotas closure of the recreational fishery in the of 300 coho salmon from the of 6,400 coho salmon and 23,000 coho area between the U.S.-Canadian border recreational fishery in the subarea salmon for the respective areas have and Cape Alava, WA, at 2400 hours l.t., between Cape Alava and the Queets been reached. This action is necessary August 31, and closure of the River, WA, to the recreational fishery in to conform to the preseason recreational fishery in the area between the subarea between the U.S.-Canadian Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 48853 border and Cape Alava, WA. The 6,700 coho salmon, and the quota for points are invited. The intended effect Director, Northwest Region, NMFS the subarea between Cape Alava and the of this action is to establish allowable (Regional Director), has determined that Queets River is decreased to 1,400 coho harvest levels of Pacific anchovy. the recreational quotas should be salmon. Even with the smaller quota, DATES: Effective on August 1, 1996. revised to 1,400 coho salmon and 6,700 the fishery between Cape Alava and the Comments will be accepted until coho salmon for the respective subareas. Queets River is expected to continue for October 15, 1996. This action is intended to help meet the the duration of its scheduled season. ADDRESSES: Submit comments on the recreational season duration objectives Modification of quotas is authorized final quotas to Ms. Hilda Diaz-Soltero, for each subarea. by regulations at 50 CFR Regional Director, Southwest Region, DATES: Effective September 16, 1996, 660.409(b)(1)(i). All other restrictions NMFS, 501 West Ocean Blvd., Suite through 2400 hours local time, that apply to these fisheries remain in 4200, Long Beach, CA 90802–4213. September 26, 1996. Comments will be effect as announced in the annual Administrative Report LJ–95–11 is accepted through October 1, 1996. management measures. available from this same address. ADDRESSES: Comments may be mailed to The Regional Director consulted with FOR FURTHER INFORMATION CONTACT: Mr. William Stelle, Jr., Director, Northwest representatives of the Pacific Fishery James J. Morgan, Southwest Region, Region, NMFS, 7600 Sand Point Way Management Council, the Washington NMFS, (310) 980–4036. NE., Seattle, WA 98115–0070. Department of Fish and Wildlife, and SUPPLEMENTARY INFORMATION: In Information relevant to this action has the Oregon Department of Fish and consultation with the California been compiled in aggregate form and is Wildlife regarding this adjustment. The Department of Fish and Game and the available for public review during State of Washington will manage the NMFS Southwest Fisheries Science business hours at the Northwest recreational fisheries in state waters Center, the Director of the Southwest Regional Office. adjacent to these areas of the exclusive Region, NMFS, has decided to use the FOR FURTHER INFORMATION CONTACT: economic zone in accordance with this 1995 estimate of 388,000 mt spawning William L. Robinson, 206–526–6140. Federal action. Because of the need for biomass of the central subpopulation of SUPPLEMENTARY INFORMATION: In the immediate action to manage the northern anchovy, Engraulis mordax, to annual management measures for ocean fisheries under the revised quotas, set harvest limits for the 1996–97 salmon fisheries (61 FR 20175, May 6, NMFS has determined that good cause fishing season. This is the same biomass 1996), NMFS announced that coho exists for this action to be issued estimate that was used for the 1995–96 salmon may be transferred among without affording a prior opportunity fishing season because no new estimate recreational subareas north of Cape for public comment. This action does has been made. Falcon, OR, to help meet the not apply to other fisheries that may be On March 26, 1996, a proposed rule recreational season duration objectives operating in other areas. was published in the Federal Register for each subarea. Any transfers between Classification (61 FR 13148), recommending that subarea quotas of 5,000 fish or less shall Federal regulations implementing the This action is authorized by 50 CFR be done on a fish-for-fish basis. Northern Anchovy Fishery Management By inseason management action (61 660.409 and 660.411 and is exempt from Plan (FMP) be removed. This proposal FR 40157, August 1, 1996), NMFS review under E.O. 12866. was based on the fact that harvests of announced that the contingency seasons Authority: 16 U.S.C. 1801 et seq. anchovy have declined greatly since north of Cape Falcon, OR, would open Dated: September 11, 1996. 1982, and that this situation is unlikely as stated in the annual management Richard W. Surdi, to change in the foreseeable future. measures. The 1996 recreational fishery Acting Director, Office of Sustainable Interjurisdictional and allocation issues in the subareas between the U.S.- Fisheries, National Marine Fisheries Service. that might require Federal intervention Canadian border and Cape Alava, WA, [FR Doc. 96–23772 Filed 9–16–96; 8:45 am] no longer exist. Removing Federal and between Cape Alava and the Queets regulations would mean that the BILLING CODE 3510±22±F River, WA, opened on August 5. Each anchovy fishery would continue to be fishery was scheduled to continue regulated by the State of California. through September 26 or attainment of 50 CFR Part 662 Since no final action has yet been taken their respective quotas of 6,400 and on this proposed rule, Federal 1,700 coho salmon (revised at 61 FR [Docket No. 960903241±6241±01; I.D. regulation of the fishery is still effective, 43472, August 23, 1996), whichever 081996B] and a quota must be set for the 1996 occurred first. Northern Anchovy Fishery; Quotas for fishing season, which begins on August The fishery between the U.S.- the 1996±97 Fishing Year 1 under the regulations. Canadian border and Cape Alava closed The biomass estimate was derived on August 31 upon the projected AGENCY: National Marine Fisheries from a stock assessment model using attainment of its quota, published Service (NMFS), National Oceanic and spawning biomass estimated by five elsewhere in this issue. The best Atmospheric Administration (NOAA), indices of abundance. Documentation of available information on September 3 Commerce. the spawning biomass is contained in indicated that 6,692 coho salmon were ACTION: Final quotas. Administrative Report LJ–95–11, caught in this fishery, so the quota was published by the Southwest Fisheries exceeded by 292 coho salmon. After SUMMARY: NMFS announces the Science Center, NMFS (see ADDRESSES). conferring with representatives of the estimated spawning biomass and final This report and the determination of affected ports, NMFS agreed to transfer harvest quotas for the northern anchovy harvest quotas were provided to the 300 coho salmon to this fishery from the fishery in the exclusive economic zone Pacific Fishery Management Council recreational fishery between Cape Alava south of Point Reyes, CA, for the 1996– (Council) last year, and a meeting of the and the Queets River to cover the quota 97 fishing season. These quotas may Council’s Coastal Pelagics Planning overage. Therefore, the quota for the only be adjusted if inaccurate data were Team and Advisory Subpanel was held subarea between the U.S.-Canadian used or if errors were made in the in Long Beach, CA, on June 21, 1995. At border and Cape Alava is increased to calculations. Comments on these two that time, NMFS requested estimates of 48854 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations domestic processing needs from the last 4 years and no fishery was allowed. fishery south of Pt. Buchon (Subarea B). fishing industry so that a basis could be There was no reduction harvest in 1995. After the northern fishery has harvested established for setting annual quotas. The TALFF depends on that portion 1,300 mt, any unused portion of the Additional information was received at of the OY that will not be used by U.S. Subarea B allocation may also be the June 26–29, 1995, meeting of the fishermen, minus the amount of harvest harvested north of Pt. Buchon. Council. The result of these meetings by Mexican vessels that is in excess of b. The reduction quota for Subarea B was the thorough review of the 1995 the average Mexican harvest (calculated (south of Pt. Buchon) is 11,700 mt. estimate of the spawning biomass, according to the formula in the FMP). 3. The U.S. harvest quota for non- which is the purpose of the meetings as The estimate of Mexican excess harvest reduction fishing (i.e., fishing for stated in 50 CFR 662.20(a)(1). There is is based, generally, on the largest anchovy for use as dead bait or human no new information to support a change harvest in the last 3 years; however, the consumption) is 4,900 mt (as set by from the assessment made in 1995. No biomass has been so low during this § 662.20). stock assessment was conducted in time that there has been no significant 4. There is no U.S. harvest limit for 1996. With the information available, a fishery off Mexico until last year, and the live bait fishery. modest harvest based on last year’s there was no excess Mexican harvest 5. The domestic annual processing estimate of the spawning biomass and last year as defined in the FMP. capacity (DAP) is 13,000 mt. on the needs of the U.S. fishery as Historically, the Mexican fishery has 6. The amount allocated to joint expressed by the industry is reasonable. been based on availability and not on venture processing (JVP) is zero, abundance. Recent harvests are not a According to the formula in the FMP, because there is no history of, nor are reliable predictor of Mexican harvest there applications for, joint ventures. the optimum yield (OY) is 61,600 mt (70 under conditions of sudden increased 7. Domestic annual harvest capacity percent of the biomass above 300,000), abundance. (DAH) is 13,000 mt. DAH is the sum of which is allocated to reduction After considering the above, the DAP and JVP. fisheries, plus 4,900 mt for non- Regional Director has made the 8. The TALFF is 48,600 mt. reduction fisheries. There is no following determinations for the 1996– The fishery will be monitored during agreement with Mexico on the 97 fishing season by applying the the year and evaluated with respect to management of northern anchovy; a formulas in the FMP and in 50 CFR the OY and the estimated needs of the portion of the biomass (30 percent) 662.20. fishing industry. Adjustments may be above 300,000 mt is designated as the 1. The total OY for northern anchovy made to comply with the requirements amount to account for this unregulated is 66,500 mt, plus an unspecified of the FMP and its implementing harvest. Any portion of the OY not used amount for use as live bait. regulations. by U.S. fishermen is identified as total 2. The total U.S. harvest quota for This action is authorized by 50 CFR allowable level of foreign fishing reduction purposes is 13,000 mt. part 662 and is exempt from review (TALFF) and is available to foreign a. Of the total reduction harvest quota, under E.O. 12866. fishing. 1,300 mt is reserved for the reduction Authority: 16 U.S.C. 1801 et seq. The estimates of the amount of fishery in Subarea A (north of Pt. anchovy that will be used by the U.S. Buchon). The FMP requires that 10 Dated: September 11, 1996. fishing industry is based, usually, on the percent of the U.S. reduction quota or Rolland A. Schmitten, largest amount of reduction and non- 9,072 mt, whichever is less, be reserved Assistant Administrator for Fisheries, reduction processing in the previous 3 for the northern fishery. This is not a National Marine Fisheries Service. years; however, the spawning biomass special quota, but only a reduction in [FR Doc. 96–23770 Filed 9–12–96; 12:32 pm] has been below 300,000 mt for 3 of the the amount allocated to the southern BILLING CODE 3510±22±F 48855

Proposed Rules Federal Register Vol. 61, No. 181

Tuesday, September 17, 1996

This section of the FEDERAL REGISTER postal address, and E-mail address in 1312.3 Classification requirements. contains notices to the public of the proposed the text of the message. 1312.4 Classified designations. 1312.5 Authority to classify issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: 1312.6 Duration of classification. purpose of these notices is to give interested Darrell A. Johnson, Deputy Assistant persons an opportunity to participate in the 1312.7 Derivative classification. rule making prior to the adoption of the final Director for Administration, Office of 1312.8 Standard identification and rules. Management and Budget, at (202) 395– markings. 5715. 1312.9 Downgrading and declassification. SUPPLEMENTARY INFORMATION: OMB is 1312.10 Systematic review guidelines. OFFICE OF MANAGEMENT AND revising its regulations concerning the 1312.11 Challenges to classifications. BUDGET classification, downgrading, 1312.12 Security Program Review Committee. declassification and safeguarding of 5 CFR Part 1312 national security information. This Subpart BÐControl and Accountability of revision is necessary to ensure Classified Information RIN 0348±AB34 conformity with guidelines in Executive 1312.21 Purpose and authority. Order 12958, April 20, 1995 and its 1312.22 Responsibilities. Classification, Downgrading, implementing directives. The Office of 1312.23 Access to classified information. Declassification and Safeguarding of Management and Budget is repealing its 1312.24 Access by historical researchers National Security Information and former Presidential appointees. existing Part 1312 and replacing it with 1312.25 Storage. the new Part 1312. AGENCY: Office of Management and 1312.26 Control of secret and confidential Budget, Executive Office of the Regulatory Flexibility Act, Unfunded material. President. Mandates Reform Act, and Executive 1312.27 Top secret control. 1312.28 Transmission of classified material. ACTION: Notice of proposed rule. Orders 12866 and 12875 1312.29 Destruction. For purposes of the Regulatory 1312.30 Loss or possible compromise. SUMMARY: The Office of Management Flexibility Act (5 U.S.C. § 601 et seq.), 1312.31 Security violations. and Budget (OMB) seeks public the proposed rule will not, if comment on a proposed rule that would Subpart CÐMandatory Declassification promulgated, have a significant set forth the procedures to be followed Review economic effect on a substantial number by OMB staff regarding the 1312.32 Purpose and authority. of small entities; the proposed rule classification, downgrading, 1312.33 Responsibility. addresses only the procedures to be declassification and safeguarding of 1312.34 Information in the custody of OMB. followed in the production or disclosure 1312.35 Information classified by another national security information. In of OMB materials and information in agency. addition, this information lists OMB litigation. For purposes of the Unfunded 1312.36 Appeal procedure. staff who are authorized to originally Mandates Reform Act of 1995 (P.L. 104– 1312.37 Fees. classify information at the top secret 4), as well as Executive Orders No. Authority: Executive Order 12958, 60 FR and secret level. These regulations also 12866 and 12875, the proposed rule 19825, 3 CFR, 1995 Comp., p. 333. contain guidance on the procedures to would not significantly or uniquely be used by OMB when other Subpart AÐClassification and affect small governments, and would government agencies and the public Declassification of National Security not result in increased expenditures by request that classified information in Information State, local, and tribal governments, or OMB files be reviewed for possible by the private sector, of $100 million or declassification and release. If such § 1312.1 Purpose and authority. more. information may not be released these This subpart sets forth the procedures procedures also provide guidance on Issued in Washington, D.C., September 11, for the classification and how to appeal such an action. 1996. declassification of national security Jacob J. Lew, information in the possession of the DATES: Comments must be received no Office of Management and Budget. It is later than November 18, 1996. Acting Director. issued under the authority of Executive For the reasons set forth in the ADDRESSES: Comments on the proposed Order 12958, April 20, 1995, preamble, OMB proposes to amend 5 rule should be addressed to: Darrell A. Information Security Oversight Office CFR Chapter III by revising Part 1312 to Johnson, Deputy Assistant Director for Directive No 1, (60 FR 53492, October read as follows: Administration, Office of Management 13, 1995), and is applicable to all OMB and Budget, Room 9026, New Executive employees. Office Building, Washington, D.C. PART 1312ÐCLASSIFICATION, 20503. Comments up to three pages in DOWNGRADING, DECLASSIFICATION § 1312.2 Responsibilities. length may be submitted via facsimile to AND SAFEGUARDING OF NATIONAL The effectiveness of the classification (202) 395–3504. Electronic mail SECURITY INFORMATION and declassification program in OMB comments may be submitted via Subpart AÐClassification and depends entirely on the amount of Internet to [email protected]. Declassification of National Security attention paid to it by supervisors and Please include the full body of Information their staffs in those offices and divisions electronic mail comments in the text Sec. that possess or produce classified and not as an attachment. Please 1312.1 Purpose and authority. material. Officials who originate include the name, title, organization, 1312.2 Responsibilities. classified information are responsible 48856 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules for proper assignment of a classification (3) intelligence activities (including original classification authority is able to that material and for the decision as special activities), intelligence sources to identify or describe. to its declassification. Officials who or methods, or cryptology; (b) If there is significant doubt about produce documents containing (4) foreign relations or foreign the need to classify information it shall classified information must determine activities of the United States, including not be classified. If there is significant the source of the classification for that confidential sources; doubt about the appropriate level of information and must ensure that the (5) scientific, technological, or classification it shall be classified at the proper identity of that source is shown economic matters relating to the lower level. on the document. Custodians of national security; § 1312.5 Authority to classify. classified material are responsible for its (6) United States Government safekeeping and for ensuring that such programs for safeguarding nuclear (a) The authority to originally classify material is adequately marked as to materials or facilities; or information or material under these current classification. Custodians are (7) vulnerabilities or capabilities of regulations shall be limited to those also responsible for the control of and systems, installations, projects or plans officials concerned with matters of accounting for all classified material relating to the national security. national security. The officials listed below are granted authority by the within their area of jurisdiction as (b) When information is determined Director, OMB, to assign original prescribed in OMB Manual Section to meet one or more of the criteria in classifications as indicated to 1030. paragraph (a) of this section, it shall be information or material that is (a) EOP Security Officer. In classified by an original classification originated by OMB staff and relating to cooperation with the Associate Director authority when he/she determines that the national security of the United for Administration, the EOP Security its unauthorized disclosure reasonably States: Officer supervises the administration of could be expected to cause at least (1) Top Secret and below: this section and develops programs to identifiable damage to the national (i) Deputy Director. assist in the compliance with the Order. security. (ii) Deputy Director for Management. Specifically, he: (c) Unauthorized disclosure of foreign (iii) Associate Director for National (1) Promotes the correct government information, including the Security and International Affairs. understanding of this section by all identity of a confidential foreign source (iv) Associate Director for Natural employees by providing annual security of intelligence sources or methods, is Resources, Energy and Science. refresher briefings and ensures that new presumed to cause damage to the (2) Secret and below: employees attend initial briefings about national security. (i) Deputy Associate Director for overall security procedures and policies. (d) Information classified in National Security. (2) Issues and keeps current such accordance with this section shall not (ii) Deputy Associate Director for classification guides and guidelines for be declassified automatically as a result International Affairs. review for declassification as are of any unofficial or inadvertent or (iii) Deputy Associate Director for required by the Order. unauthorized disclosure in the United Energy and Science. (3) Conducts periodic reviews of States or abroad of identical or similar (b) Classification authority is not classified documents produced and information. delegated to persons who only provides assistance and guidance where § 1312.4 Classified designations. reproduce, extract, or summarize necessary. classified information, or who only (a) Except as provided by the Atomic apply classification markings derived (4) Maintains and publishes a current Energy Act of 1954, as amended, or the listing of all officials who have been from source material or from a National Security Act of 1947, as classification guide. designated in writing to have Top amended, the Executive Order 12958 Secret, Secret, and Confidential original provides the only basis for classifying § 1312.6 Duration of classification. classification authority. information. Information which meets (a) When determining the duration of (b) Heads of divisions or offices. The the test for classification may be classification for information originally head of each division or major classified in one of the following three classified under Executive Order 12958, organizational unit is responsible for the designations: an original classification authority shall administration of this section within his (1) Top Secret. This classification follow the following sequence: or her area. Appropriate internal shall be applied only to information the (1) He/She shall attempt to determine guidance should be issued to cover unauthorized disclosure of which a date or event that is less than 10 years special or unusual conditions within an reasonably could be expected to cause from the date of original classification, office. exceptionally grave damage to the and which coincides with the lapse of § 1312.3 Classification requirements. national security that the original the information’s national security classification authority is able to sensitivity, and shall assign such date or United States citizens must be kept identify or describe. event as the declassification instruction; informed about the activities of their (2) Secret. This classification shall be (2) If unable to determine a date or Government. However, in the interest of applied only to information the event of less than 10 years, he/she shall national security, certain official unauthorized disclosure of which ordinarily assign a declassification date information must be subject to reasonably could be expected to cause that is 10 years from the date of the constraints on its dissemination or serious damage to the national security original classification decision; release. This information is classified in that the original classification authority (3) He/She may extend the duration of order to provide that protection. is able to identify or describe. classification or reclassify specific (a) Information shall be considered for (3) Confidential. This classification information for a period not to exceed classification if it concerns: shall be applied only to information the 10 additional years if such action is (1) military plans, weapons systems, unauthorized disclosure of which consistent with the exemptions as or operations; reasonably could be expected to cause outlined in Section 1.6(d) of the (2) foreign government information; damage to the national security that the Executive Order. This provision does Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48857 not apply to information contained in classified, usually by another agency or category(ies), or the letter ‘‘X’’ plus the records that are more than 25 years old classification authority. The application number that corresponds to the and have been determined to have of derivative classification markings is exemption category(ies) in Section permanent historical value under Title the responsibility of the person who 1.6(d) of the Order. 44 United States Code. incorporates, restates, paraphrases, or (v) An original classification authority (4) May exempt from declassification generates in new form information that may extend the duration of within 10 years specific information, is already classified, or one who applies classification for successive periods not which is consistent with the exemptions such classification markings in to exceed 10 years at a time. The as outlined in Section 1.6 (d) of the accordance with instructions from an ‘‘Declassify On’’ line shall be revised to Executive Order. authorized classifier or classification include the new declassification Extending Duration of Classification. guide. Extreme care must be taken to instructions and shall include the Extensions of classification is not continue classification and identity of the person authorizing the automatic. If an original classification declassification markings when such extension and the date of the action. authority with jurisdiction over the information is incorporated into OMB (vi) Information exempted from information does not extend the documents. The duplication or automatic declassification at 25 years classification of information assigned a reproduction of existing classified should on the ‘‘Declassify On’’ line be date or event for declassification, the information is not derivative revised to include the symbol ‘‘25X’’ information is automatically classification. Persons who use plus a brief reference to the pertinent declassified upon the occurrence of the derivative classification need not exemption categories/numbers of the date or event. If an original possess original classification authority. Executive Order. classification authority has assigned a (5) The overall classification of the date or event for declassification that is § 1312.8 Standard identification and document is the highest level of 10 years or less from the date of markings. information in the document and will classification, an original classification (a) Original Classification. At the time be conspicuously placed stamped at the authority with jurisdiction over the classified material is produced, the top and bottom of the outside front and information may extend the classifier shall apply the following back cover, on the title page, and on the classification duration of such markings on the face of each originally first page. information for additional periods not to classified document, including (6) The highest classification of exceed 10 years at a time. Records electronic media: individual pages will be stamped at the determined to be of historical value may (1) Classification Authority. The top and bottom of each page, to include not exceed the duration of 25 years. name/personal identifier, and position ‘‘unclassified’’ when it is applicable. (b) When extending the duration of title of the original classifier shall (7) The classification of individual classification, the original classification appear on the ‘‘Classified By’’ line. portions of the document, (ordinarily a authority must: (2) Agency and Office of Origin. If not paragraph, but including subjects, titles, (1) Be an original classification otherwise evident, the agency and office graphics) shall be marked by using the authority with jurisdiction over the of origin shall be identified and placed abbreviations (TS), (S), (C), or (U), will information. below the name on the ‘‘Classified By’’ be typed or marked at the beginning or (2) Ensure that the information line. end of each paragraph or section of the continues to meet the standards for (3) Reasons for Classification. Identify document. If all portions of the classification under the Executive the reason(s) to classify. The classifier document are classified at the same Order. shall include, at a minimum, a brief level, this may be indicated by a (3) Make reasonable attempts to notify reference to the pertinent classification statement to that effect. all known holders of the information. category(ies), or the number 1.5 plus the (b) Derivative Classification. Information classified under prior letter(s) that corresponds to that Information classified derivatively on orders marked with a specific date or classification category in Section 1.5 of the basis of source documents shall event for declassification is the Order. carry the following markings on those automatically declassified upon that (4) Declassification instructions. documents: date or event. Information classified These instructions shall indicate the (1) The derivative classifier shall under prior orders marked with following: concisely identify the source Originating Agency’s Determination (i) The duration of the original document(s) or the classification guide Required (OADR) shall: classification decision shall be placed on the ‘‘Derived From’’ line, including (i) Be declassified by a on the ‘‘Declassify On’’ line. the agency and where available the declassification authority as defined in (ii) The date or event for office of origin and the date of the Section 3.1 of the Order. declassification that corresponds to the source or guide. When a document is (ii) Be re-marked by an authorized lapse of the information’s national classified derivatively on the basis of original classification authority with security sensitivity, which may not more than one source document or jurisdiction over the information to exceed 10 years from the date of the classification guide, the ‘‘Derived From’’ establish a duration of classification original decision. line shall appear as ‘‘Derived From: consistent with the Order. (iii) When a specific date or event Multiple Sources’’. (iii) Be subject to Section 3.4 of the within 10 years cannot be established, (2) The derivative classifier shall Order if the records are determined to the classifier will apply the date that is maintain the identification of each be of historical value and are to remain 10 years from the date of the original source with the file or record copy of classified for 25 years from the date of decision. the derivatively classified document. its original classification. (iv) The exemption category from Where practicable the copies of the declassification. Upon determination document should also have this list § 1312.7 Derivative classification. that the information must remain attached. A ‘‘derivative classification’’ means classified beyond 10 years, the classifier (3) A document derivatively classified that the information is in substance the will apply the letter ‘‘X’’ plus a brief on the basis of a source document that same information that is currently recitation of the exemption is itself marked ‘‘Multiple Sources’’ 48858 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules shall cite the source document on its shall be maintained in order to facilitate § 1312.10 Systematic review guidelines. ‘‘Derived From’’ line rather than the future declassification actions. The EOP Security Officer will prepare term ‘‘Multiple Sources’’. (5) Documents, regardless of medium, and keep current such guidelines as are (4) The reason for the original which are expected to be revised prior required by Executive Order 12958 for classification decision, as reflected in to the preparation of a finished the downgrading and declassification of the source document, is not required to product—working papers—shall be OMB material that is in the custody of be transferred in a derivative dated when created, marked with the Archivist of the United States. classification action. highest classification, protected at that § 1312.11 Challenges to classifications. (5) Declassification instructions shall level, and destroyed when no longer OMB employees are encouraged to carry forward the instructions on the needed. When any of the following familiarize themselves with the ‘‘Declassify On’’ line from the source conditions exist, the working papers provisions of Executive Order 12958, document to the derivation document or shall be controlled and marked in the April 20, 1995 and with OMB Manual the duration instruction from the same manner as prescribed for a classification guide. Where there are Sections 1010, 1020, and 1030. finished classified document: Employees are also encouraged to multiple sources, the longest duration of (i) Released by the originator outside any of its sources shall be used. question or to challenge those the originating activity; classifications they believe to be (6) When a source document or (ii) Retained more than 180 days from improper, unnecessary, or for an classification guide contains the the date of origin; inappropriate time. Such questions or declassification instruction ‘‘Originating challenges may be addressed to the Agency’s Determination Required’’ (iii) Filed permanently. originator of the classification, unless (OADR) the derivative document shall (6) Information contained in the challenger desires to remain carry forward the fact that the source unmarked records, or Presidential or anonymous, in which case the question document(s) were so marked and the related materials, and which pertain to may be directed to the EOP Security date of origin of the most recent source the national defense or foreign relations Officer. document(s). of the U.S. and has been maintained and (7) The derivatively classified protected as classified information § 1312.12 Security Program Review document shall be conspicuously under prior orders shall continue to be Committee. marked with the highest level of treated as classified information under The Associate Director for classification of information. this Order and is subject to its Administration will chair the OMB (8) Each portion of a derivatively provisions regarding declassification. Security Program Review Committee, classified document shall be marked in § 1312.9 Downgrading and which will act on suggestions and accordance with its source. declassification. complaints about the OMB security (9) Each office shall, consistent with program. Section 3.8 of the order, establish and Classified information originated by maintain a database of information that OMB offices will be downgraded or Subpart BÐControl and Accountability has been declassified. declassified as soon as it no longer of Classified Information qualifies for continued protection under (c) Additional Requirements. (1) § 1312.21 Purpose and authority. Markings other than ‘‘Top Secret’’, the provisions of the classification guides. Authority to downgrade or This subpart sets forth procedures for ‘‘Secret’’, and ‘‘Confidential’’ shall not the receipt, storage, accountability, and be used to identify classified national declassify OMB-originated information is granted to those authorized to classify transmission of classified information at security information. the Office of Management and Budget. (2) Transmittal documents will be (See § 1312.5). Additionally, the Associate Director for Administration is It is published under the authority of stamped to indicate the highest Executive Order 12958, April 20, 1995 classification of the information authorized to exercise downgrading and declassification actions up to and as implemented by Directive No. 1, transmitted, and shall indicate Information Security Oversight Office conspicuously on its face the following including the Top Secret level. (a) Transferred material. Information (60 FR 53492, October 13, 1995), and is or something similar ‘‘Unclassified applicable to all OMB employees. When classified Enclosure Removed’’ to which was originated by an agency that indicate the classification of the no longer exists, or that was received by § 1312.22 Responsibilities. transmittal document standing alone. OMB in conjunction with a transfer of The effective direction by supervisors (3) The classification data for material functions, is deemed to be OMB- and the alert performance of duty by other than documents will be affixed by originated material. Information which employees will do much to ensure the tagging, stamping, recording, or other has been transferred to another agency adequate security of classified means to insure that recipients are for storage purposes remains the information in the possession of OMB aware of the requirements for the responsibility of OMB. offices. Each employee has a protection of the material. (b) Periodic review of classified responsibility to protect and account for (4) Documents containing foreign material. Each office possessing all classified information that he/she government information shall include classified material will review that knows of within his/her area of the markings ‘‘This Document Contains material on an annual basis or in responsibility. (country of origin) Information’’ * * * If conjunction with the transfer of files to Such information will be made the identity of the specific government non-current record storage and take available only to those persons who must be concealed, the document shall action to downgrade or declassify all have an official need to know and who be marked ‘‘This Document Contains material no longer qualifying for have been granted the appropriate Foreign Government Information,’’ and continued protection at that level. All security clearance. Particular care must pertinent portions marked ‘‘FGI’’ material transferred to non-current be taken not to discuss classified together with the classification level, record storage must be properly marked information over unprotected e.g., ‘‘(FGI–C)’’. In such cases, separate with correct downgrade and communications circuits (to include document identifying the government declassification instructions. intercom and closed-circuit TV), at non- Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48859 official functions, or at any time that it be waived for persons who are engaged used in recording safe combinations. might be revealed to unauthorized in historical research projects, or who Standard Form-702, Security Container persons. Classified information may previously have occupied policy- check sheet, will be posted to each safe only be entered into computer systems making positions to which they were and will be used to record opening, meeting the appropriate security appointed by the President. closing, and checking the container criteria. Waivers may be granted only if the whenever it is used. (a) EOP Security Officer. In Associate Director for Administration, cooperation with the Associate Director in cooperation with the EOP Security § 1312.26 Control of secret and for Administration, the EOP Security Officer: confidential material. Officer supervises the administration of (1) Determines in writing that access Classified material will be accounted this section. Specifically, he/she: is consistent with the interest of for by the office having custody of the (1) Promotes the correct national security; material. OMB For 87, Classified understanding of this section and (2) Takes appropriate steps to protect Document Control, will be used to insures that initial and annual briefings classified information from establish accountability controls on all about security procedures are given to unauthorized disclosure or compromise, Secret material received or produced all new employees. and ensures that the information is within OMB offices. No accountability (2) Provides for periodic inspections safeguarded in a manner consistent with controls are prescribed for Confidential of office areas and reviews of produced the order; and material, but offices desiring to control documents to ensure full compliance (3) Limits the access granted to former and account for such material should with OMB regulations and procedures. Presidential appointees to items that the use the procedures applicable to Secret (3) Takes prompt action to investigate person originated, reviewed, signed, or material. Information classified by alleged violations of security, and received while serving as a Presidential another agency shall not be disclosed recommends appropriate administrative appointee. without that agency’s authorization. action with respect to violators. (b) In the instances described in (a) Accountability Control Clerks. (4) Supervises the annual inventories paragraph (a) of this section, the Each division or office head will of Top Secret material. Associate Director for Administration, appoint one person as the (5) Ensures that containers used to in cooperation with the EOP Security Accountability Control Clerk (ACC). The store classified material meet the Officer, will make a determination as to ACC will be the focal point for the appropriate security standards and that the trustworthiness of the requestor and receipt, routing, accountability, combinations to security containers are will obtain written agreement from the dispatch, and declassification changed as required. requestor to safeguard the information downgrading or destruction of all (b) Heads of Offices. The head of each to which access is given. He/She will classified material in the possession of division or office is responsible for the also obtain written consent to the the office. administration of this section in his/her review by OMB of notes and (b) OMB Form 87. One copy of OMB area. These responsibilities include: manuscripts for the purpose of Form 87 will be attached to the (1) The appointment of accountability determining that no classified document, and one copy retained in the control clerks as prescribed in Part information is contained therein. Upon accountability control file for each 1312.26 below. the completion of these steps, the active document within the area of (2) The maintenance of the prescribed material to be researched will be responsibility of the ACC. Downgrading control and accountability records for reviewed by the division/office of or destruction actions, or, other actions classified information within the office. removing the document from the (3) Establishing internal procedures to primary interest to ensure that access is responsibility of the ACC will be ensure that classified material is granted only to material over which recorded on the OMB Form 87, and the properly safeguarded at all times. OMB has classification jurisdiction. form filed in an inactive file. Inactive § 1312.23 Access to classified information. § 1312.25 Storage. control forms will be cut off annually, Classified information may be made All classified material in the held for two additional years, then available to a person only when the possession of OMB will be stored in destroyed. possessor of the information establishes GSA-approved, steel safes possessing (c) Working Papers and Drafts. that the person has a valid ‘‘need to three-position, dial-type, changeable Working papers and drafts of classified know’’ and the access is essential to the combination locks, or in vault-type documents will be protected according accomplishment of official government rooms approved for Top Secret storage. to their security classification, but will duties. The proposed recipient is Under the direction of the EOP Security not be subject to accountability control eligible to receive classified information Officer, combinations to safes used in unless they are forwarded outside of only after he/she has been granted a the storage of classified material will be OMB. security clearance by the EOP Security changed when the equipment is placed (d) Typewriter Ribbons. Typewriter Officer. Cover sheets will be used to in use, whenever a person knowing the ribbons, cassettes, and other devices protect classified documents from combination no longer requires access used in the production of classified inadvertent disclosure while in use. An to it, whenever the combination has material will be removed from the SF–703 will be used for Top Secret been subjected to possible compromise, machine after each use and protected as material; an SF–704 for Secret material, whenever the equipment is taken out of classified material not subject to and an SF–705 for Confidential service, or at least once a year. controls. Destruction of such materials material. The cover sheet should be Knowledge of combinations will be will be as prescribed in Part 1312.29 removed prior to placing the document limited to the minimum number of below. in the files. persons necessary, and records of (e) Reproduction. Classified material combinations will be assigned a will be reproduced only as required § 1312.24 Access by historical researchers classification no lower than the highest unless prohibited by the originator for and former Presidential appointees. level of classified information stored in the conduct of business and reproduced (a) The requirements of Section the equipment concerned. An SF–700, copies are subject to the same controls 4.2(a)(3) of Executive Order 12958 may Security Container Information, will be as are the original documents. Top 48860 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

Secret material will be reproduced only addressee. The receipt for the § 1312.29 Destruction. with the written permission of the document, OMB Form 87, (not required The destruction of classified material originating agency. for Confidential material) will be will be accomplished under the attached to or placed within the inner direction of the TSCO or the appropriate § 1312.27 Top secret control. envelope to be signed by the recipient ATSCO, who will assure that proper The EOP Security Officer serves as the and returned to the sender. Receipts accountability records are kept. Top Secret Control Officer (TSCO) for will identify the sender, the addressee, Classified official record material will OMB. He will be assisted by the and the document, and will contain no be processed to the OA Records Alternate TSCOs in each division/office classified information. The outer cover Management Branch, NEOB Room 5208, Holding Top Secret material. The or envelope will be sealed and in accordance with OMB Manual ATSCOs will be responsible for the addressed with no identification of its Section 540. Classified nonrecord accountability and custodianship of Top contents. material will be destroyed as soon as it Secret material within their divisions/ (a) Transmittal of Top Secret Material. becomes excess to the needs of the offices. The provisions of this section do The transmittal of Top Secret material office. The following destruction not apply to special intelligence shall be by personnel specifically methods are authorized: material, which will be processed as designated by the EOP Security Officer, (a) Shredding. Using the equipment prescribed by the controlling agency. approved for that purpose within OMB (a) Procedures. All Top Secret or by Department of State diplomatic pouch, by a messenger-courier system offices. Shredders will not material produced or received in OMB accommodate typewriter ribbons or will be taken to the appropriate ATSCO specifically created for that purpose. Alternatively, it shall be taken to the cassettes. Shredding is the only for receipting, establishment of authorized means of Destroying Top custodianship, issuance to the White House Situation Room for transmission over secure Secret material. appropriate action officer, and, as (b) Burn Bag. Classified documents, communications circuits. appropriate, obtaining a receipt. Top cassettes, ribbons, and other materials at Secret material in the custody of the (b) Transmittal of Secret Material. The the Secret level or below, not suitable TSCO or ATSCO will normally be transmittal of Secret material shall be as for shredding, may be destroyed by segregated from other classified material follows: using burn bags, which can be obtained and will be stored in a safe under his (1) Within and between the fifty from the supply store. They will be or her control. Such material will be States, the District of Columbia, and disposed of as follows: returned to the appropriate ATSCO by Puerto Rico: Use one of the authorized (1) OEOB: Unless on an approved list action officers as soon as action is means for Top Secret material, or for pick-up of burn bags, all other burn completed. OMB Form 87 will be used transmit by U.S. Postal Service express bags should be delivered to Room 096 to establish custody, record distribution, or registered mail. OEOB between 8:00 a.m. and 4:30 p.m. routing, receipting and destruction of (2) Other Areas. Use the same means Burn bags are not to be left in hallways. Top Secret material. Top Secret Access authorized for Top Secret, or transmit (2) NEOB: Hours for delivery of burn Record and Cover Sheet (Standard Form by U.S. registered mail through Military bag materials to the NEOB Loading Dock 703) will be attached to each Top Secret Postal Service facilities. Shredder Room are Monday through Friday from 8:00 a.m. to 9:30 a.m.; 10:00 document while it is in the possession (c) Transmittal of Confidential of OMB. a.m. to 11:00 a.m.; 11:45 a.m. to 1:30 Material. As identified above, or p.m. and 2:00 p.m. to 3:30 p.m. The (b) Inventory. The Associate Director transmit by U.S. Postal Service for Administration will notify each phone number of the Shredder Room is Certified, first class, or express mail 395–1593. In the event the Shredder appropriate OMB office to conduct an service within and between the fifty inventory of its Top Secret material by Room is not manned, do not leave burn States, the District of Columbia, and bags outside the Shredder Room as the May 1 each year. The head of each office Puerto Rico. will notify the EOP Security Officer security of that material may be when the inventory has been (d) Transmittal Between OMB Offices compromised. satisfactorily completed. Each Top and Within the EOP Complex. Classified (3) Responsibility for the security of Secret item will be examined to material will normally be hand carried the burn bag remains with the OMB determine whether it can be within and between offices in the office until it is handed over to the downgraded or declassified, and the Executive Office of the President authorized representative at the inventory will be adjusted accordingly. complex by cleared OMB employees. shredder room. Accountability records Discrepancies in the inventory, Documents so carried must be protected will be adjusted after the burn bags have indicating loss or possible compromise, by the appropriate cover sheet or outer been delivered. Destruction actions will will be thoroughly investigated by the envelope. Top Secret material will be recorded on OMB Form 87 by the EOP Security Officer or by the Federal always be hand carried in this manner. division TSCO or by the appropriate Bureau of Investigation, as appropriate. Secret and Confidential material may be ATSCO at the time the destruction is Each ATSCO will retain his/her transmitted between offices in the EOP accomplished or at the time the burn division’s inventory in accordance with complex by preparing the material as bag is delivered to the U.D. Officer. the security procedures set forth herein. indicated above (double envelope) and (c) Technical Guidance. Technical forwarding it by special messenger guidance concerning appropriate § 1312.28 Transmission of classified service provided by the messenger methods, equipment, and standards for material. center. The messenger shall be advised destruction of electronic classified Prior to the transmission of classified that the material is classified. Receipts media, processing equipment material to offices outside OMB, such shall be obtained if Top Secret or Secret components and the like, may be material will be enclosed in opaque material is being transmitted outside of obtained by submitting all pertinent inner and outer covers or envelopes. OMB. Classified material will never be information to NSA/CSS Directorate for The inner cover will be sealed and transmitted in the Standard Messenger Information Systems Security, Ft. marked with the classification, and the Envelope (SF Form 65), or by the Mail Meade, Maryland 20755. Specifications address of the sender and of the Stop system. concerning appropriate equipment and Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48861 standards for destruction of other Officer. The EOP Security Officer shall security files. These are the standard storage media may be obtained from the provide OMB with assistance regarding violation penalties that will be imposed. General Services Administration. Agency security violations. Upon At the discretion of the Director or his receipt of a Record of Security Violation designee, greater or lesser penalties may § 1312.30 Loss or possible compromise. alleging a security violation, the EOP be imposed based upon the Any person who has knowledge of the Security Officer shall: circumstances giving rise to the loss or possible compromise of (i) Prepare a memorandum to the violation, the immediate supervisor’s classified information shall immediately immediate supervisor of the office/ report of inquiry, and the investigation secure the material and then report the division responsible for the violation and findings of the EOP Security Officer circumstances to the EOP Security requesting that an inquiry be made into and/or the OMB Associate Director for Officer. The EOP Security Officer will the incident. Attached to the Administration. immediately initiate an inquiry to memorandum will be a copy of the (1) First violation. (i) Written determine the circumstances Record of Security Violation form. The notification of the violation will be filed surrounding the loss or compromise for receiving office/division will prepare a in the responsible individual’s security the purpose of taking corrective written report within five working days file; and measures and/or instituting appropriate of its receipt of the Security Officer’s (ii) The EOP Security Officer and/or administrative, disciplinary, or legal memorandum. the Associate Director for action. The agency originating the (ii) Provide any assistance needed for Administration will consult with the information shall be notified of the loss the inquiry conducted by the office/ respective immediate supervisor, and or compromise so that the necessary division involved in the alleged the responsible individual will be damage assessment can be made. violation. advised of the penalties that may be (iii) Upon receipt of the report of applied should a second violation § 1312.31 Security violations. inquiry from the responsible office/ occur. (a) A security violation notice is division, the EOP Security Officer will: (2) Second violation. (i) Written issued by the United States Secret (A) Consult with the OMB Associate notification of the violation will be filed Service when an office/division fails to Director for Administration and the in the responsible individual’s security properly secure classified information. General Counsel; file; Upon discovery of an alleged security (B) Determine if a damage assessment (ii) The EOP Security Officer and/or violation, the USSS implements their report is required. A damage assessment the Associate Director for standard procedures which include the will be made by the agency originating Administration will consult with the following actions: the classified information, and will be respective Deputy Associate Director (or (1) Preparation of a Record of Security prepared after it has been determined the equivalent) and immediate Violation form; that the information was accessed supervisor and the responsible (2) When a document is left on a desk without authorization; and individual who will be advised of the or other unsecured area, the officer will (C) Forward the report with a penalties that may be applied should a remove the classified document(s) and recommendation to the OMB General third violation occur; and deliver to the Uniformed Division’s Counsel. (iii) A letter of Warning will be placed Control Center, and (2) Immediate Supervisors. Upon in the Disciplinary Action file (3) Where the alleged violation receipt of the EOP Security Officer’s maintained by the Office of involves an open safe, the officer will security violation memorandum, the Administration, Human Resources remove one file bearing the highest immediate supervisor will make an Management Division. classification level, annotate it with his inquiry into the alleged incident, and (4) Third violation. (i) Written or her name, badge number, date and send a written report of inquiry to the notification of the violation will be filed time, and return the document to the EOP Security Officer. The inquiry in the responsible individual’s security safe, which will then be secured. A should determine, and the related report file; description of the document will be should identify, at a minimum: (ii) The EOP Security Officer and/or identified in the Record of Security (i) Whether an actual security the Associate Director for Violations and a copy of the violation violation occurred, Administration will consult with the will be left in the safe. (ii) The identity of the person(s) OMB Deputy Director, General Counsel, (b) Office of Record. The EOP Security responsible; and the respective Deputy Associate Director Office shall serve as the primary office (iii) The probability of unauthorized (or equivalent), and the immediate of record for OMB security violations. access. supervisor and the responsible Reports of violations will remain in the (3) Deputy Associate Directors (or the individual who will be advised of the responsible individual’s security file equivalent) will: penalties that may be applied should a until one year after the individual (i) Review and concur or comment on fourth violation occur; and departs the Executive Office of the the written report; and (iii) A Letter of Reprimand will be President, at which time all violation (ii) In conjunction with the immediate placed in the Disciplinary Action file reports will be destroyed. supervisor, determine what action will maintained by the OA/HRMD. (c) Compliance. All Office of be taken to prevent, within their area of (4) Fourth Violation. (i) Written Management and Budget employees will responsibility, a recurrence of the notification of the violation will be filed comply with this section. Additionally, circumstances giving rise to the in the responsible individual’s security personnel on detail or temporary duty violation. file; will comply with this section, however, (e) Staff Penalties for OMB Security (ii) The EOP Security Officer and/or their parent agencies will be provided Violations. When assessing penalties in the Associate Director for with a copy of any security violation accordance with this section, only those Administration will consult with the incurred during their period of service violations occurring within the calendar OMB Director, Deputy Director, General to OMB. year (beginning January 1) will be Counsel, the respective Deputy (d) Responsibilities for Processing considered. However, reports of all Associate Director (or the equivalent), Security Violations. (1) EOP Security previous violations remain in the and immediate supervisor; 48862 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

(iii) The responsible individual may another agency, the Associate Director serve as the primary source of flight receive a suspension without pay for a for Administration will forward the director command information. This period not to exceed 14 days; and request, along with any other related document contains the additional safety (iv) The responsible individual will materials, to the appropriate agency for standards which the Administrator be advised that future violations could review and determination as to release. considers necessary to establish a level result in the denial of access to Recommendations as to release or of safety equivalent to that established classified material or other adverse denial may be made if appropriate. The by the airworthiness standards of Part actions as may be appropriate, including requester will be notified of the referral, 25 of the federal Aviation Regulations dismissal. unless the receiving agency objects on (FAR). the grounds that its association with the DATES: Comments must be received on Subpart CÐMandatory information requires protection. Declassification Review or before November 1, 1996. § 1312.36 Appeal procedure. ADDRESSES: Comments on this proposal § 1312.32 Purpose and authority. Appeals received as a result of a may be mailed in duplicate to: Federal Other government agencies, and denial, see § 1312.34, will be routed to Aviation Administration, Office of the individual members of the public, the Deputy Director who will take Assistant Chief Counsel, Attention: frequently request that classified action as necessary to determine Rules Docket (ANM–7), Docket No. information in OMB files be reviewed whether any part of the information may NM–132, 1601 Lind Avenue SW, for possible declassification and release. be declassified. If so, he will notify the Renton, Washington 98055–4056; or This subpart prescribes the procedures requester of his determination and make delivered in duplicate to the Office of for such review and subsequent release that information available that is the Assistant Chief Counsel at the above or denial. It is issued under the declassified and otherwise releasable. If address. Comments must be marked: authority of Executive Order 12958, continued classification is required, the Docket No. NM–132. Comments may be April 20, 1995, as implemented by requestor shall be notified by the inspected in the Rules Docket Directive No. 1, Information Security Deputy Director of the reasons weekdays, except Federal holidays, Oversight Office (60 FR 53402, October thereafter. Determinations on appeals between 7:30 a.m. and 4:00 p.m. 13, 1995). will normally be made within 60 FOR FURTHER INFORMATION CONTACT: § 1312.33 Responsibility. working days following receipt. If Dale Dunford, FAA, Flight Test and All requests for the mandatory additional time is needed, the requestor Systems Branch, ANM–111, Transport declassification review of classified will be notified and this reason given for Standards Staff, Transport Airplane information in OMB files should be the extension. The agency’s decision Directorate, Aircraft Certification addressed to the Associate Director for can be appealed to the Interagency Service, 1601 Lind Avenue SW, Renton, Administration, who will acknowledge Security Classification Appeals Panel. Washington, 98055–4056; telephone 206–227–2239. receipt of the request. When a request § 1312.37 Fees. does not reasonably describe the There will normally be no fees SUPPLEMENTARY INFORMATION: information sought, the requester shall charged for the mandatory review of be notified that unless additional Comments Invited classified material for declassification information is provided, or the scope of under this section. Interested persons are invited to the request is narrowed, no further participate in the making of these action will be taken. All requests will [FR Doc. 96–23727 Filed 9–16–96; 8:45 am] proposed special conditions by receive a response within 180 days of BILLING CODE 3110±01±P submitting such written data, views, or receipt of the request. augments as they may desire. § 1312.34 Information in the custody of Communications should identify the OMB. DEPARTMENT OF TRANSPORTATION regulatory docket or notice number and be submitted in duplicate to the address Information contained in OMB files Federal Aviation Administration and under the exclusive declassification specified above. All communications jurisdiction of the office will be 14 CFR Part 25 received on or before the closing date reviewed by the office of primary for comments will be considered by the [Docket No. NM±132, Notice No. SC±96±5± Administrator before further rulemaking interest to determine whether, under the NM] declassification provisions of the Order, action on this proposal is taken. The the requested information may be proposals contained in this notice may Special Conditions: Lockheed Martin be changed in light of the comments declassified. If so, the information will Aerospace Corp. Model L382J Airplane be made available to the requestor received. All comments received will be unless withholding is otherwise AGENCY: Federal Aviation available, both before and after the warranted under applicable law. If the Administration (FAA), DOT. closing date for comments, in the Rules information may not be released, in ACTION: Notice of proposed special Docket for examination by interested whole or in part, the requestor shall be conditions. parties. A report summarizing each given a brief statement as to the reasons substantive public contact with FAA for denial, a notice of the right to appeal SUMMARY: This document proposes personnel concerning this rulemaking the determination to the Deputy special conditions for the Lockheed will be filed in the docket. Commenters Director, OMB, and a notice that such Martin Aerospace Corp. Model L382J wishing the FAA to acknowledge an appeal must be filed within 60 days airplane. This airplane will have a novel receipt of their comments submitted in in order to be considered. or unusual design feature(s) associated response to this notice must include a with the installation of a dual head up self-addressed, stamped postcard on § 1312.35 Information classified by display (HUD) to be used as a primary which the following statement is made: another agency. flight display (PFD) for all regimes of ‘‘Comments to Docket No. NM–132.’’ When a request is received for normal operation. The HUD will satisfy The postcard will be date/time stamped information that was classified by the basic requirements of § 25.1321 and and returned to the commenter. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48863

Background regulations in effect on the date of The Proposed Special Conditions On August 2, 1992, Lockheed Martin application for the changes to the Model Accordingly, the Federal Aviation Aerospace Co. applied for an L382. In addition, the certification basis Administration (FAA) proposes the amendment to their Type Certificate No. includes certain special conditions and following special conditions as part of A1SO to include their new Model later amended sections of Part 25 that the type certification basis for the L382J. The Model L382J is a derivative are not relevant to these proposed Lockheed Martin Aerospace Corp. L382J of the L382B/E/G currently approved special conditions. airplanes. If the Administrator finds that the under Type Certificate No. A1SO, and 1. Display Requirements features a new engine (with applicable airworthiness regulations approximately the same rated (i.e., Part 25 as amended) do not contain a. The HUD must provide adequate information to permit rapid evaluation of the horsepower, but heavily flat-rated) and adequate or appropriate safety standards for the Model L382J because of a novel airplane’s flight state and position during all propeller, both of which are controlled phases of flight. This must be shown to be by a full authority digital engine control. or unusual design feature, special adequate for manually controlling the Additionally, the flight deck is conditions are prescribed under the airplane, and for monitoring the performance substantially modified by the provisions of § 21.16. of the automatic flight control system. The installation of four liquid crystal flight Special conditions, as appropriate, are monochrome HUD must be compliant with displays, dual head-up displays, and issued in accordance with § 11.49 of the the display criteria contained in Advisory Mil-Std 1553 data buses. The flight FAR after public notice, as required by Circular 25–11, except for the color criteria. Demonstration of the HUD system adequacy engineer position is deleted, requiring §§ 11.28 and 11.29(b), and become part for manually controlling the airplane shall be automation of some functions as well as of the type certification basis in in accordance with the methodology outlined redesign of the front and overhead accordance with § 21.101(b)(2). in the FAA Handling Qualities Rating panels. Some structure has been Special conditions are initially Method (HQRM). This demonstration modified but the aerodynamics of the applicable to the model for which they requirement is extended to all HUD display airplane are essentially unchanged. The are issued. Should the type certificate formats, unless use of specific formats is latest part 25 requirement will be used for that model be amended later to prohibited for specific phases of flight. for all significantly modified portions of b. Symbols must appear clean-shaped, include any other model that clear, and explicit. Lines must be narrow, the Model 382J (as compared to the incorporates the same novel or unusual sharp-edged, and without halo or aliasing. present L382), and, for the unmodified design feature, the special conditions Symbols must be stable with no discernible portions of the airplane, the applicable would also apply to the other model flicker or jitter. certification standard will be the Part 25 under the provisions of § 21.101(a)(1). c. For all phases of flight, the HUD must rules that were effective on February 1, update the positions and motions of primary 1965. Novel or Unusual Design Features control symbols with sufficient rates and The existing rule, § 25.1321, did not The Model L382J will incorporate a latencies to support satisfactory manual anticipate the design features, novel or unusual design feature which control performance. symbology, chromatic limitations, and d. The HUD display must present all is a dual head up display of primary information in a clear and unambiguous pilot view constraints associated with flight information in a monochromatic manner. Display clutter must be minimized. most HUDs. This particular HUD format using appropriate symbology that The HUD symbology must not excessively application is the first attempt to qualify may be different from similar interfere with pilots’ forward view, ability to the HUD as a PFD. Current head down information provided in the head down visually maneuver the airplane, acquire displays (HDD) provide all primary and display. opposing traffic, and see the runway other information without requiring the As discussed above, these special environment. Some data elements of primary flightcrew to transition from one flight displays are essential or critical, and conditions are applicable to the L382J. must not be removed by an declutter lighting and information display format Should Lockheed Martin Aerospace to another and are very tolerant of pilot function. Changes in the display format and Corp. apply at a later date for a change primary flight data arrangement should be head position regarding acquiring to the type certificate to include another minimized to prevent confusion and to primary flight data. This HUD model incorporating the same novel or enhance the pilots’ ability to interpret vital application would require the flight unusual design feature, the special data. crewmember using the HUD to limit conditions would apply to that model as e. The arrangement and format of the head position in order to ensure the well under the provisions of information must be sufficiently compatible ability to acquire the necessary flight § 21.101(a)(1). with the head down displays to preclude information and to frequently transition pilot confusion, misinterpretation, or to a different lighting condition and Conclusion excessive cognitive workload. Immediate display format to acquire flight mode transition between the two displays, whether This action affects only certain novel required by navigation duties, failure and navigation information. These or unusual design features on one model conditions, unusual airplane attitudes, or proposed special conditions provide all of airplanes. It is not a rule of general other reasons, must not present difficulties in the necessary requirements to determine applicability, and it affects only the data interpretation or delays/interruptions in acceptability of the HUD as a PFD. A manufacturer who applied to the FAA the crew’s ability to manually control the proof of concept effort is required to for approval of these features on the airplane or to monitor the automatic flight substantiate that for the particular airplane. controls system. application there are no unsafe features. f. If a wind shear detection system, a List of Subjects in 14 CFR Part 25 ground proximity warning system (GPWS), or Type Certification Basis a traffic alert and collision avoidance system Air Transportation, Aircraft, Aviation Under the provisions of § 21.101, (TCAS), as installed, the guidance, warnings, safety, Safety. and annunciations required to be a part of Lockheed Martin Aerospace Corp. must The authority citation for these these systems, and normally required to be in show that the Model L382J meets the the pilot’s primary field of view, must be applicable provisions of the regulations special conditions is as follows: displayed on the HUD. incorporated by reference in Type Authority: 49 U.S.C. 106(g), 40113, 44701– g. The HUD display must be demonstrated Certificate No. A1SO or the applicable 44702, 44704. to be adequate for airplane recovery from 48864 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules unusual attitudes. This capability must be g. The design eyebox shall be centered cognitive workload or unreasonable shown for all foreseeable modes of upset, around each pilot’s design eye position, and limitations on head position. including crew mishandling, autopilot failure must be large enough that the minimum g. The current mode of the flight guidance/ (including ‘‘slowovers’’), and turbulence/gust monocular field of view is visible at the automatic flight control system, shall be encounters. following minimum displacements from the clearly annunciated in the HUD unless there cockpit Design Eye Position: are compensating features. 2. Installation Requirements Lateral: 1.5 inches left and right i. The HUD system must be shown to a. The arrangement of HUD display Vertical: 1.0 inches up and down comply with the high intensity radiated controls must be visible to and within reach Longitudinal: 2.0 inches fore and aft fields certification requirements specified in of the pilot from any normal seated position. another special condition, not yet finalized. The position and movement of the controls These requirements must be met for pilots ′ ′′ ′ ′′ Issued in Renton, Washington, on must not lead to inadvertent operation. The from 5 2 to 6 3 tall, while seated with seat September 9, 1996. HUD controls must be adequately belts fastened and with the pilot positioned illuminated for all normal background at the design eye position (ref. § 25.777(c)). James V. Devany, lighting conditions, and must not create any Larger eyebox dimensions may be required Acting Manager, Transport Airplane objectionable reflections on the HUD or other for meeting operational requirements for use Directorate, Aircraft Certification Service, flight instruments. as a full time primary flight display. ANM–100. h. The HUD system combiner must not b. The display brightness must be [FR Doc. 96–23815 Filed 9–16–96; 8:45 am] satisfactory in the presence of dynamically create any objectionable distortion of the changing background (ambient) lighting pilot’s external view. The optical qualities BILLING CODE 4910±13±M conditions. If automatic control is not (accommodation, luminance, vergence) of the provided, it must be shown that a single HUD shall be uniform across the entire field setting is satisfactory. When the brightness of view. When viewed by both eyes from any 14 CFR Part 39 off-center position within the eyebox, non- level is altered, the relative luminance of [Docket No. 96±NM±99±AD] each displayed symbol, character, or data uniformities shall not produce perceivable shall vary smoothly. In no case shall any differences in binocular view. RIN 2120±AA64 selectable brightness level allow any Notwithstanding compliance with these information to be invisible while other data minimum eyebox dimensions, the HUD Airworthiness Directives; McDonnell remains discernible. There shall be no eyebox must be large enough to adequately Douglas Model DC±9, DC±9±80 and C± objectionable brightness transients when serve as a primary flight display without 9 (Military) Series Airplanes, and Model inducing adverse effects on pilot vision and transitioning between manual and automatic MD±88 Airplanes control. The HUD data shall be visible in fatigue. lighting conditions from 0 fL to 10,000 fL. If 3. System Requirements AGENCY: Federal Aviation certain lighting conditions prevent the crew Administration, DOT. to adequately seeing and interpreting HUD a. The HUD system must be shown to ACTION: data (for example, flying directly toward the perform its intended function as a primary Notice of proposed rulemaking sun), accommodation must be provided to flight display during all phases of flight. The (NPRM). permit the crew to make a ready transition normal operation of the HUD system cannot SUMMARY: to the head down displays. adversely affect, or be adversely affected by This document proposes the c. To the greatest extent practicable, the other airplane systems. Malfunctions of the adoption of a new airworthiness HUD controls must be integrated with other HUD system which cause loss of all primary directive (AD) that is applicable to controls, including the flight director, to flight displays, including both HUDs and certain McDonnell Douglas Model DC– minimize the crew workload associated with HDDs, shall be extremely improbable. 9, DC–9–80 and C–9 (military) series HUD operation and to ensure flightcrew b. The criticality of the HUD system’s airplanes, and Model MD–88 airplanes. function to display flight and navigation awareness of engaged flight guidance modes. This proposal would require either d. The installation of the HUD system must data, including the potential to display hazardously misleading information, must be installation of external protective not interfere or restrict other installed doublers between the outboard flight equipment such as emergency oxygen masks, assessed according to §§ 25.1309 and headsets, or microphones. The installation of 25.1333, Advisory Circular (AC) 25–11 spoiler actuators and the aft spar webs the HUD must not adversely affect the paragraph 4.a., and AC 25.1309–1A. All of the wings, or replacement of the emergency egress provisions for the alleviating flightcrew actions that are pistons of the outboard flight spoiler flightcrew, or significantly interfere with considered in the HUD safety analysis must actuators with improved pistons. This crew access. The system also must not hinder be validated during testing for incorporation proposal is prompted by reports of the crew’s movement while conducting any in the airplane flight manual procedures failure of the piston of the outboard flight procedures. section or for inclusion in type-specific training. flight spoiler actuator due to fatigue at e. The installation of the HUD system must the clevis end of the upper lug not present the crew with any objectionable c. Since the display of hazardously glare or reflection in any lighting conditions. misleading information on more than one mounting hole of the piston. The actions This is equally applicable from glare or primary flight display must be extremely specified by the proposed AD are reflections visible on the HUD system itself, improbable, HUD system software shall be intended to prevent such failure of the or that originating from the HUD system and developed to Level A requirements, as piston and the consequent puncturing of visible in other ares such as the windshield. specified by RTCA Document DO–178B, the aft spar web. This condition, if not The installation of the HUD system must not ‘‘Software Considerations in Airborne corrected, could result in fuel leakage significantly obstruct either pilot’s external Systems and Equipment Certification.’’ and reduced structural integrity of the d. The HUD system must monitor the field of view when both combiners are wings. deployed. The external view requirements of position of the combiner and provide a § 25.773 must be retained with both warning to the crew when the combiner DATES: Comments must be received by combiners deployed. position is such that conformal symbols will October 28, 1996. f. The HUD system must be designed and be hazardously misaligned. ADDRESSES: Submit comments in installed to prevent the possibility of pilot e. The HUD system must be shown triplicate to the Federal Aviation injury in the event of an accident or any adequate for airplane control and guidance Administration (FAA), Transport during an engine failure any phase of flight. other foreseeable circumstance such as Airplane Directorate, ANM–103, turbulence encounter, hard landing, bird f. There must be no adverse physiological strike, etc. The installation of the HUD, effects of long term use of the HUD system, Attention: Rules Docket No. 96–NM– including overhead unit and combiner, must such as fatigue or eye strain, that cause the 99–AD, 1601 Lind Avenue, SW., comply with the head injury criteria of pilot to have to revert to the HDD. Use of the Renton, Washington 98055–4056. § 25.562, Amendment 25–64. HUD system also cannot require excessive Comments may be inspected at this Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48865 location between 9:00 a.m. and 3:00 ANM–103, Attention: Rules Docket No. hour. Required parts would cost p.m., Monday through Friday, except 96–NM–99–AD, 1601 Lind Avenue, approximately $1,500 per airplane. Federal holidays. SW., Renton, Washington 98055–4056. Based on these figures, the cost impact The service information referenced in of the installation of external doublers Discussion the proposed rule may be obtained from proposed by this AD on U.S. operators McDonnell Douglas Corporation, 3855 The FAA has received reports is estimated to be $2,340 per airplane. Lakewood Boulevard, Long Beach, indicating that the pistons of the The proposed replacement of the California 90846, Attention: Technical outboard flight spoiler actuators on the pistons of the outboard flight spoiler Publications Business Administration, left and right wings of McDonnell actuators would take approximately 12 Department C1–L51 (2–60). This Douglas Model DC–9, DC–9–80, or MD– work hours per airplane to accomplish, information may be examined at the 88 series airplanes failed. Investigation at an average labor rate of $60 per work FAA, Transport Airplane Directorate, revealed that fatigue of the clevis end of hour. Required parts would cost 1601 Lind Avenue, SW., Renton, the upper lug mounting hole on the approximately $5,180 per airplane. Washington; or at the FAA, Transport piston caused the pistons to fail. Such Based on these figures, the cost impact Airplane Directorate, Los Angeles failure can result in the failed piston of the replaced of the pistons proposed Aircraft Certification Office, 3960 puncturing the aft spar web of the wing. by this AD on U.S. operators is Paramount Boulevard, Lakewood, This condition, if not corrected, could estimated to be $5,900 per airplane. California. result in fuel leakage and reduced These cost impact figures are based on FOR FURTHER INFORMATION CONTACT: structural integrity of the wings. assumptions that no operator has yet Brent Bandley, Aerospace Engineer, Explanation of Relevant Service accomplished any of the proposed Airframe Branch, ANM–120L, FAA, Los Information requirements of this AD action, and that Angeles Aircraft Certification Office, no operator would accomplish those The FAA has reviewed and approved 3960 Paramount Boulevard, Lakewood, actions in the future if this AD were not McDonnell Douglas Service Bulletin California 90712; telephone (310) 627– adopted. DC9–27–300, Revision 02, dated June 5237; fax (310) 627–5210. 29, 1995, which describes procedures Regulatory Impact SUPPLEMENTARY INFORMATION: for installation of an external protective The regulations proposed herein doubler between the aft spar web and Comments Invited would not have substantial direct effects the piston of the outboard flight spoiler on the States, on the relationship Interested persons are invited to actuator on the wings; and procedures between the national government and participate in the making of the for replacement of the pistons of the States, or on the distribution of proposed rule by submitting such outboard flight spoiler actuators with power and responsibilities among the written data, views, or arguments as improved pistons of higher strength. various levels of government. Therefore, they may desire. Communications shall Installing a protective doubler or in accordance with Executive Order identify the Rules Docket number and replacing the spoiler actuator piston 12612, it is determined that this be submitted in triplicate to the address will minimize the possibility of a failed proposal would not have sufficient specified above. All communications piston puncturing a fuel tank and federalism implications to warrant the received on or before the closing date reducing the structural integrity of the preparation of a Federalism Assessment. for comments, specified above, will be wing. considered before taking action on the For the reasons discussed above, I proposed rule. The proposals contained Explanation of Requirements of certify that this proposed regulation (1) in this notice may be changed in light Proposed Rule is not a ‘‘significant regulatory action’’ of the comments received. Since an unsafe condition has been under Executive Order 12866; (2) is not Comments are specifically invited on identified that is likely to exist or a ‘‘significant rule’’ under the DOT the overall regulatory, economic, develop on other products of this same Regulatory Policies and Procedures (44 environmental, and energy aspects of type design, the proposed AD would FR 11034, February 26, 1979); and (3) if the proposed rule. All comments require either installation of external promulgated, will not have a significant submitted will be available, both before protective doublers between the aft spar economic impact, positive or negative, and after the closing date for comments, webs and the pistons of the outboard on a substantial number of small entities in the Rules Docket for examination by flight spoiler actuators on the wings, or under the criteria of the Regulatory interested persons. A report replacement of the pistons of the Flexibility Act. A copy of the draft summarizing each FAA-public contact outboard flight spoiler actuators with regulatory evaluation prepared for this concerned with the substance of this improved pistons. The actions would be action is contained in the Rules Docket. proposal will be filed in the Rules required to be accomplished in A copy of it may be obtained by Docket. accordance with the service bulletin contacting the Rules Docket at the Commenters wishing the FAA to described previously. location provided under the caption acknowledge receipt of their comments ADDRESSES. Cost Impact submitted in response to this notice List of Subjects in 14 CFR Part 39 must submit a self-addressed, stamped There are approximately 1,571 Model postcard on which the following DC–9, DC–9–80, and C–9 (military) Air transportation, Aircraft, Aviation statement is made: ‘‘Comments to series airplanes, and Model MD–88 safety, Safety. Docket Number 96–NM–99–AD.’’ The airplanes of the affected design in the The Proposed Amendment postcard will be date stamped and worldwide fleet. The FAA estimates that returned to the commenter. 1,047 airplanes of U.S. registry would be Accordingly, pursuant to the affected by this proposed AD. authority delegated to me by the Availability of NPRMs The proposed installation of external Administrator, the Federal Aviation Any person may obtain a copy of this doublers would take approximately 14 Administration proposes to amend part NPRM by submitting a request to the work hours per airplane to accomplish, 39 of the Federal Aviation Regulations FAA, Transport Airplane Directorate, at an average labor rate of $60 per work (14 CFR part 39) as follows: 48866 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

PART 39ÐAIRWORTHINESS compliance with this AD, if any, may be FAA, New England Region, Office of the DIRECTIVES obtained from the Los Angeles ACO. Assistant Chief Counsel, 12 New (c) Special flight permits may be issued in England Executive Park, Burlington, 1. The authority citation for part 39 accordance with sections 21.197 and 21.199 MA. continues to read as follows: of the Federal Aviation Regulations (14 CFR FOR FURTHER INFORMATION CONTACT: Authority: 49 U.S.C. 106(g), 40113, 44701. 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD Dave Keenan, Aerospace Engineer, § 39.13 [Amended] can be accomplished. Engine Certification Office, FAA, Engine 2. Section 39.13 is amended by Issued in Renton, Washington, on and Propeller Directorate, 12 New adding the following new airworthiness September 10, 1996. England Executive Park, Burlington, MA directive: James V. Devany, 01803–5299; telephone (617) 238–7139, fax (617) 238–7199. McDonnell Douglas: Docket 96–NM–99–AD. Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Applicability: Model DC–9, Model DC–9– SUPPLEMENTARY INFORMATION: [FR Doc. 96–23709 Filed 9–16–96; 8:45 am] 80 and C–9 (military) series airplanes, and Comments Invited Model MD–88 airplanes; as listed in BILLING CODE 4910±13±U McDonnell Douglas Service Bulletin DC9– Interested persons are invited to 27–300, Revision 02, dated June 29, 1995; participate in the making of the certificated in any category. 14 CFR Part 39 proposed rule by submitting such Note 1: This AD applies to each airplane written data, views, or arguments as [Docket No. 96±ANE±06] identified in the preceding applicability they may desire. Communications provision, regardless of whether it has been RIN 2120±AA64 should identify the Rules Docket otherwise modified, altered, or repaired in number and be submitted in triplicate to the area subject to the requirements of this Airworthiness Directives; General the address specified above. All AD. For airplanes that have been modified, Electric Aircraft Engines CT7 Series communications received on or before altered, or repaired so that the performance Turboprop Engines of the requirements of this AD is affected, the the closing date for comments, specified above, will be considered before taking owner/operator must request approval for an AGENCY: Federal Aviation alternative method of compliance in Administration, DOT. action on the proposed rule. The accordance with paragraph (b) of this AD. proposals contained in this notice may The request should include an assessment of ACTION: Notice of proposed rulemaking be changed in light of the comments the effect of the modification, alteration, or (NPRM). received. repair on the unsafe condition addressed by SUMMARY: This document proposes the Comments are specifically invited on this AD; and, if the unsafe condition has not the overall regulatory, economic, been eliminated, the request should include adoption of a new airworthiness specific proposed actions to address it. directive (AD) that is applicable to environmental, and energy aspects of the proposed rule. All comments Compliance: Required as indicated, unless General Electric Aircraft Engines (GE) accomplished previously. CT7 series turboprop engines. This submitted will be available, both before To prevent fuel leakage and reduced proposal would require replacement of and after the closing date for comments, structural integrity of the wings due to the gas generator turbine stage 2 forward in the Rules Docket for examination by puncturing of the wings by a failed piston of cooling plates prior to the published interested persons. A report the outboard flight spoiler actuator, cyclic life limits. The proposal also summarizing each FAA-public contact accomplish the following: concerned with the substance of this (a) Prior to the accumulation of 5,000 defines the new, reduced cyclic life limits for the affected forward cooling proposal will be filed in the Rules landings after the effective date of this AD, Docket. accomplish the actions specified in either plates. This proposal is prompted by paragraph (a)(1) or (a)(2) of this AD, in reports of gas generator turbine stage 2 Commenters wishing the FAA to accordance with McDonnell Douglas Service forward cooling plate failures. The acknowledge receipt of their comments Bulletin DC9–27–300, Revision 02, dated actions specified by the proposed AD submitted in response to this notice June 29, 1995. are intended to prevent gas generator must submit a self-addressed, stamped Note 2: Installation of McDonnell Douglas turbine stage 2 forward cooling plate postcard on which the following flight spoiler actuator assembly, part number failure, which could result in an statement is made: ‘‘Comments to (P/N) 5915900–5525, on the right and left uncontained engine failure. Docket Number 96–ANE–06.’’ The wings prior to the effective date of this AD postcard will be date stamped and DATES: is considered acceptable for compliance with Comments must be received by returned to the commenter. the requirements of this paragraph. October 17, 1996. (1) Install external protective doublers ADDRESSES: Submit comments in Availability of NPRMs between the outboard flight spoiler actuators triplicate to the Federal Aviation and the aft spar webs of the left and right Any person may obtain a copy of this wings; or Administration (FAA), New England NPRM by submitting a request to the (2) Replace the pistons of the outboard Region, Office of the Assistant Chief FAA, New England Region, Office of the flight spoiler actuators on the left and right Counsel, Attention: Rules Docket No. Assistant Chief Counsel, Attention: wings with improved pistons, 96–ANE–06, 12 New England Executive Rules Docket No. 96–ANE–06, 12 New (b) An alternative method of compliance or Park, Burlington, MA 01803–5299. England Executive Park, Burlington, MA adjustment of the compliance time that Comments may be inspected at this 01803–5299. provides an acceptable level of safety may be location between 8:00 a.m. and 4:30 used if approved by the Manager, Los p.m., Monday through Friday, except Discussion Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. Federal holidays. The Federal Aviation Administration Operators shall submit their requests through The service information referenced in (FAA) has received reports of gas an appropriate FAA Principal Maintenance the proposed rule may be obtained from generator turbine stage 2 forward Inspector, who may add comments and then GE Aircraft Engines, 1000 Western Ave., cooling plate failures on General send it to the Manager, Los Angeles ACO. Lynn, MA 01910; telephone (617) 594– Electric Aircraft Engines (GE) CT7 series Note 3: Information concerning the 3140, fax (617) 594–4805. This turboprop engines. In one incident the existence of approved alternative methods of information may be examined at the gas generator turbine stage 2 forward Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48867 cooling plate failure caused an engine 12612, it is determined that this alteration, or repair on the unsafe condition uncontainment. The investigation proposal would not have sufficient addressed by this AD; and, if the unsafe revealed that the failures were caused federalism implications to warrant the condition has not been eliminated, the by low cycle fatigue (LCF) of the gas preparation of a Federalism Assessment. request should include specific proposed generator turbine stage 2 forward For the reasons discussed above, I actions to address it. cooling plate. In addition, the certify that this proposed regulation (1) Compliance: Required as indicated, unless investigation revealed that the cooling is not a ‘‘significant regulatory action’’ accomplished previously. plates can be exposed to higher under Executive Order 12866; (2) is not To prevent GGT stage 2 forward cooling temperatures if certain combinations of a ‘‘significant rule’’ under the DOT plate failure, which could result in an clearances, leakage, ambient conditions, Regulatory Policies and Procedures (44 uncontained engine failure, accomplish the and/or engine conditions exist, in which FR 11034, February 26, 1979); and (3) if following: case the cooling plates can be subjected promulgated, will not have a significant (a) Within 30 days after the effective date to the combined effects of creep and economic impact, positive or negative, of this AD, or prior to reaching the new, LCF. This condition, if not corrected, on a substantial number of small entities reduced cyclic life limits listed in the could result in gas generator turbine under the criteria of the Regulatory Accomplishment Instructions of GE Aircraft stage 2 forward cooling plate failure, Flexibility Act. A copy of the draft Engines (CT7–TP Series) Service Bulletin which could result in an uncontained regulatory evaluation prepared for this (SB) A72–381, dated January 17, 1996, engine failure. action is contained in the Rules Docket. whichever occurs later, remove from service The FAA has reviewed and approved A copy of it may be obtained by GGT stage 2 forward cooling plates, and the technical contents of GE Aircraft contacting the Rules Docket at the replace with a serviceable part, which is Engines (CT7–TP Series) Service location provided under the caption defined as a GGT stage 2 forward cooling Bulletin (SB) A72–381, dated January ADDRESSES. plate that has less than the new, reduced 17, 1996, that describes procedures for cyclic limits on the effective date of this AD, replacement of affected gas generator List of Subjects in 14 CFR Part 39 as defined in that SB. turbine stage 2 forward cooling plates Air transportation, Aircraft, Aviation (b) This action establishes the following and defines new, reduced cyclic life safety, Safety. new, reduced cyclic life limits for affected limits. GGT stage 2 forward cooling plates: Since an unsafe condition has been The Proposed Amendment (1) 8,000 cycles since new (CSN) for GGT identified that is likely to exist or Accordingly, pursuant to the stage 2 forward cooling plates, P/N develop on other products of this same authority delegated to me by the 6064T10P01, identified by serial numbers type design, the proposed AD would Administrator, the Federal Aviation listed in Tables 1 and 2 of GE Aircraft require replacement of the gas generator Administration proposes to amend part Engines (CT7–TP Series) SB No. A72–381, turbine stage 2 forward cooling plate 39 of the Federal Aviation Regulations dated January 17, 1996, for GE CT7–5A2, within 30 days after the effective date of (14 CFR part 39) as follows: -7A, -9B, and -9C engine models. this AD, or prior to reaching the new, (2) 12,000 CSN for GGT stage 2 forward reduced cyclic life limits listed in the PART 39ÐAIRWORTHINESS cooling plates, P/N 6064T10P01 (not listed in Accomplishment Instructions of GE DIRECTIVES (1) above), and P/N 5086T91P02, for GE CT7– Aircraft Engines (CT7–TP Series) SB 5A2 and -7A engine models. A72–381, dated January 17, 1996, 1. The authority citation for part 39 (3) 9,000 CSN for GGT stage 2 forward whichever occurs later. This compliance continues to read as follows: cooling plates, P/N 6064T10P01 (not listed in end-date was determined based on risk Authority: 49 USC 106(g), 40113, 44701. (1) above), and P/N 5086T91P02, for GE CT7– analysis methodology. The actions 9B/-9C engine models. § 39.13 [Amended] would be required to be accomplished (c) An alternative method of compliance or in accordance with the SB described 2. Section 39.13 is amended by adjustment of the compliance time that previously. adding the following new airworthiness provides an acceptable level of safety may be There are approximately 1,100 directive: used if approved by the Manager, Engine Certification Office. The request should be engines of the affected design in the General Electric Aircraft Engines: Docket worldwide fleet. The FAA estimates that No. 96–ANE–06. forwarded through an appropriate FAA Principal Maintenance Inspector, who may 500 engines installed on aircraft of U.S. Applicability: General Electric Aircraft registry would be affected by this Engines (GE) Models CT7–5A2, -7A, -9B, and add comments and then send it to the proposed AD, that it would take -9C turboprop engines, with gas generator Manager, Engine Certification Office. approximately 8 work hours per engine turbine (GGT) stage 2 forward cooling plates, Note: Information concerning the existence to accomplish the proposed actions, and Part Number (P/N) 6064T10P01 and P/N of approved alternative methods of compliance with this airworthiness directive, that the average labor rate is $60 per 6086T91P02, installed. These engines are installed on but not limited to if any, may be obtained from the Engine work hour. Parts will be supplied by the Construcciones Aeronauticas, SA (CASA) Certification Office. manufacturer to operators under GE’s CN–235 series and SAAB–SCANIA SF340 (d) Special flight permits may be issued in Engine Care Maintenance Plan (ECMP). series aircraft. accordance with sections 21.197 and 21.199 At this time, all operators fall under the Note: This airworthiness directive (AD) of the Federal Aviation Regulations (14 CFR ECMP. Based on these figures, the total applies to each engine identified in the 21.197 and 21.199) to operate the aircraft to cost impact of the proposed AD on U.S. preceding applicability provision, regardless a location where the requirements of this AD of whether it has been modified, altered, or operators is estimated to be $240,000. can be accomplished. The regulations proposed herein repaired in the area subject to the Issued in Burlington, Massachusetts, on would not have substantial direct effects requirements of this AD. For engines that September 10, 1996. on the States, on the relationship have been modified, altered, or repaired so that the performance of the requirements of Jay J. Pardee, between the national government and this AD is affected, the owner/operator must Manager, Engine and Propeller Directorate, the States, or on the distribution of request approval for an alternative method of Aircraft Certification Service. power and responsibilities among the compliance in accordance with paragraph (c) various levels of government. Therefore, of this AD. The request should include an [FR Doc. 96–23755 Filed 9–16–96; 8:45 am] in accordance with Executive Order assessment of the effect of the modification, BILLING CODE 4910±13±U 48868 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

14 CFR Part 71 Communications should identify the airspace designations for airspace areas airspace docket number and be extending upward from 700 feet or more [Airspace Docket No. 96±AGL±14] submitted in triplicate to the address above the surface of the earth are Establishment of Class E Airspace; listed above. Commenters wishing the published in paragraph 6005 of FAA Tomahawk, WI FAA to acknowledge receipt of their Order 7400.9C dated August 17, 1995, comments on this notice must submit and effective September 16, 1995, which AGENCY: Federal Aviation with those comments a self-addressed, is incorporated by reference in 14 CFR Administration (FAA), DOT. stamped postcard on which the 71.1. The Class E airspace designation ACTION: Notice of proposed rulemaking. following statement is made: listed in this document would be ‘‘Comments to Airspace Docket No. 96– published subsequently in the Order. SUMMARY: This notice proposes to AGL–14.’’ The postcard will be date/ establish Class E5 airspace at The FAA has determined that this time stamped and returned to the proposed regulation only involves an Tomahawk Regional Airport, commenter. All communications Tomahawk, WI, to accommodate a Very established body of technical received on or before the specified regulations for which frequent and High Frequency Omnidirectional Range/ closing date for comments will be Distance Measuring Equipment (VOR/ routine amendments are necessary to considered before taking action on the keep them operationally current. DME–A). Controlled airspace extending proposed rule. The proposal contained upward from 700 to 1200 feet above Therefore this, proposed regulation—(1) in this notice may be changed in light is not a ‘‘significant regulatory action’’ ground level (AGL) is needed contain of comments received. All comments aircraft executing the approach. The under Executive Order 12866; (2) is not submitted will be available for a ‘‘significant rule’’ under DOT intended affect of this proposal is to examination in the Rules Docket, FAA, provide segregation of aircraft using Regulatory Policies and Procedures (44 Great Lakes Region, Office of the FR 11034; February 26, 1979); and (3) instrument approach procedures in Assistant Chief Counsel, 2300 East does not warrant preparation of a instrument conditions from other Devon Avenue, Des Plaines, Illinois, Regulatory Evaluation as the anticipated aircraft operating in visual weather both before and after the closing date for impact is so minimal. Since this is a conditions. comments. A report summarizing each routine matter that will only affect air DATES: Comments must be received on substantive public contact with FAA traffic procedures and air navigation, it or before October 21, 1996. personnel concerned with this is certified that this proposed rule will rulemaking will be filed in the docket. ADDRESSES: Send comments on the not have a significant economic impact proposal in triplicate to: Federal Availability of NPRM’s on a substantial number of small entities Aviation Administration, Office of the Any person may obtain a copy of the under the criteria of the Regulatory Assistant Chief Counsel, AGL–7, Rules Flexibility Act. Docket No. 96–AGL–14, 2300 East Notice of Proposed Rulemaking (NPRM) Devon Avenue, Des Plaines, Illinois by submitting a request to the Federal List of Subjects in 14 CFR part 71 60018. Aviation Administration, Office of Airspace, Incorporation by reference, The official docket may be examined Public Affairs, Attention: Public Inquiry Navigation (air). in the Office of the Assistant Chief Center, APA–230, 800 Independence Counsel, Federal Aviation Avenue, S.W., Washington, DC 20591, The Proposed Amendment Administration, 2300 East Devon or by calling (202) 267–3484. Avenue, Des Plaines, Illinois. An Communications must identify the Accordingly, pursuant to the information docket may also be notice number of this NPRM. Persons authority delegated to me, the Federal examined during normal business hours interested in being placed on a mailing Aviation Administration proposes to at the Air Traffic Division, Operations list for future NPRM’s should also amend part 71 of the Federal Aviation Branch, Federal Aviation request a copy of Advisory Circular No. Regulations (14 CFR part 71) as follows: 11–2A, which describes the application Administration, 2300 East Devon PART 71Ð[AMENDED] Avenue, Des Plaines, Illinois procedure. FOR FURTHER INFORMATION CONTACT: John The Proposal 1. The authority citation for part 71 A. Clayborn, Air Traffic Division, The FAA is considering an continues to read as follows: Operations Branch, AGL–530, Federal amendment to part 71 of the Federal Authority: 49 U.S.C. 106(g), 40103, 40113, Aviation Administration, 2300 East Aviation Regulations (14 CFR part 71) to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Devon Avenue, Des Plaines, Illinois establish Class E5 airspace at 1963 Comp., p. 389; 14 CFR 11.69. 60018, telephone (847) 294–7568. Tomahawk Regional Airport, § 71.1 [Amended] SUPPLEMENTARY INFORMATION: Tomahawk, WI, to accommodate a Very High Frequency Omnidirectional Range/ 2. The incorporation by reference in Comments Invited Distance Measuring Equipment (VOR/ 14 CFR 71.1 of the Federal Aviation Interested parties are invited to DME–A). Controlled airspace extending Administration Order 7400.9C, Airspace participate in this proposed rulemaking upward from 700 to 1200 feet AGL, is Designations and Reporting Points, by submitting such written data, views, needed to contain aircraft executing the dated August 17, 1995, and effective or arguments as they may desire. approach. The intended affect of this September 16, 1995, is amended as Comments that provide the factual basis action is to provide segregation of follows: supporting the views and suggestions aircraft using instrument approach Paragraph 6005 The Class E airspace areas presented are particularly helpful in procedures in instrument conditions extending upward from 700 feet or more developing reasoned regulatory from other aircraft operating in visual above the surface of the earth. decisions on the proposal. Comments weather conditions. The area would be * * * * * are specifically invited on the overall depicted on appropriate aeronautical regulatory, aeronautical, economic, charts thereby enabling pilots to AGL WI E5 Tomahawk, WI [New] environmental, and energy-related circumnavigate the area or otherwise Tomahawk Regional Airport, WI aspects of the proposal. comply with IFR procedures. Class E (lat. 45°28′10′′N., long. 89°48′16′′S.) Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48869

That airspace extending upward from 700 or arguments as they may desire. provide segregation of aircraft using feet above the surface within a 6.4 mile Comments that provide the factual basis instrument approach procedures in radius of Tomahawk Regional Airport. supporting the views and suggestions instrument conditions from other * * * * * presented are particularly helpful in aircraft operating in visual weather Issued in Des Plaines, Illinois on developing reasoned regulatory conditions. The area would be depicted September 4, 1996. decisions on the proposal. Comments on appropriate aeronautical charts Maureen Woods, are specifically invited on the overall thereby enabling pilots to Manager, Air Traffic Division. regulatory, aeronautical, economic, circumnavigate the area or otherwise [FR Doc. 96–23805 Filed 9–16–96; 8:45 am] environmental, and energy-related comply with IFR procedures. Class E BILLING CODE 4910±13±M aspects of the proposal. airspace designations for airspace areas Communications should identify the extending upward from 700 feet or more airspace docket number and be above the surface of the earth are 14 CFR Part 71 submitted in triplicate to the address published in paragraph 6005 of FAA listed above. Commenters wishing the [Airspace Docket No. 96±AGL±15] Order 7400.9C dated August 17, 1995, FAA to acknowledge receipt of their and effective September 16, 1995, which Modification of Class E Airspace; comments on this notice must submit is incorporated by reference in 14 CFR Toledo, OH with those comments a self-addressed, 71.1. The Class E airspace designation stamped postcard on which the listed in this document would be AGENCY: Federal Aviation following statement is made: published subsequently in the Order. Administration (FFA), DOT. ‘‘Comments to Airspace Docket No. 96– The FAA has determined that this ACTION: Notice of proposed rulemaking. AGL–15.’’ The postcard will be date/ proposed regulation only involves an time stamped and returned to the established body of technical SUMMARY: This notice proposes to commenter. All communications regulations for which frequent and modify Class E5 airspace at Bowling received on or before the specified routine amendments are necessary to Green, Wood County Airport, Toledo, closing date for comments will be keep them operationally current. OH, to accommodate diverse departure considered before taking action on the Therefore this, proposed regulation—(1) traffic from Wood County Airport. proposed rule. The proposal contained is not a ‘‘significant regulatory action’’ Controlled airspace extending upward in this notice may be changed in light under Executive Order 12866; (2) is not from 700 to 1200 feet above ground of comments received. All comments a ‘‘significant rule’’ under DOT level (AGL) is needed to contain aircraft submitted will be available for Regulatory Policies and Procedures (44 executing the approach. The intended examination in the Rules Docket, FAA, FR 11034; February 26, 1979); and (3) affect of this proposal is to provide Great Lakes Region, Office of the does not warrant preparation of a segregation of aircraft using instrument Assistant Chief Counsel, 2300 East Regulatory Evaluation as the anticipated approach procedures in instrument Devon Avenue, Des Plaines, Illinois, impact is so minimal. Since this is a conditions from other aircraft operating both before and after the closing date for routine matter that will only affect air is visual weather conditions. comments. A report summarizing each traffic procedures and air navigation, it DATES: Comments must be received on substantive public contact with FAA is certified that this proposed rule will or before October 21, 1996. personnel concerned with this not have a significant economic impact ADDRESSES: Send comments on the rulemaking will be filed in the docket. on a substantial number of small entities proposal in triplicate to: Federal Availability of NPRM’s under the criteria of the Regulatory Aviation Administration, Office of the Flexibility Act. Assistant Chief Counsel, AGL–7, Rules Any person may obtain a copy of the Docket No. 96–AGL–15, 2300 East Notice of Proposed Rulemaking (NPRM) List of Subjects in 14 CFR Part 71 by submitting a request to the Federal Devon Avenue, Des Plaines, Illinois Airspace, Incorporation by reference, Aviation Administration, Office of 60018. Navigation (air). The official docket may be examined Public Affairs, Attention: Public Inquiry in the Office of the Assistant Chief Center, APA–230, 800 Independence The Proposed Amendment Avenue, S.W., Washington, DC 20591, Counsel, Federal Aviation Accordingly, pursuant to the or by calling (202) 267–3484. Administration, 2300 East Devon authority delegated to me, the Federal Communications must identify the Avenue, Des Plaines, Illinois. An Aviation Administration proposes to notice number of this NPRM. Persons informal docket may also be examined amend part 71 of the Federal Aviation interested in being placed on a mailing during normal business hours at the Air Regulations (14 CFR part 71) as follows: Force Traffic Division, Operations list for future NPRM’s should also Branch, Federal Aviation request a copy of Advisory Circular No. PART 71Ð[AMENDED] Administration, 2300 East Devon 11–2A, which describes the application 1. The authority citation for part 71 Avenue, Des Plaines, Illinois. procedure. continues to read as follows: FOR FURTHER INFORMATION CONTACT: John The Proposal Authority: 49 U.S.C. 106(g), 40103, 40113, A. Clayborn, Air Traffic Division, The FAA is considering an Operations Branch, AGL–530, Federal 40120; E.O. 10854, 24 FR 9565. 3 CFR, 1959– amendment to part 71 of the Federal 1963 Comp., p. 389; 14 CFR 11.69. Aviation Administration, 2300 East Aviation Regulations (14 CFR part 71) to Devon Avenue, Des Plaines, Illinois modify Class E5 airspace at Bowling § 71.1 [Amended] 60018, telephone (847) 294–7568. Green, Wood County Airport to 2. The incorporation by reference in SUPPLEMENTARY INFORMATION: accommodate diverse departure traffic 14 CFR 71.1 of the Federal Aviation from Wood County Airport. Controlled Administration Order 7400.9C, Airspace Comments Invited airspace extending upward from 700 to Designations and Reporting Points, Interested parties are invited to 1200 feet AGL is needed to contain dated August 17, 1995, and effective participate in this proposed rulemaking aircraft executing the approach. The September 16, 1995, is amended as by submitting such written data, views, intended affect of this action is to follows: 48870 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

Paragraph 6005 The Class E airspace areas Mr. Francis T. Jordan, Jr., Airspace establish Class E airspace extending extending upward from 700 feet or more Specialist, Operations Branch, AEA– upward from 700 feet above the surface above the surface of the earth. 530, F.A.A. Eastern Region, Federal (AGL) at Saluda, VA. A GPS RWY 1 * * * * * Building #111, John F. Kennedy SIAP has been developed for Hummel AGL OH E5 Toledo, OH International Airport, Jamaica, NY Field Airport. Additional controlled 11430; telephone: (718) 553–4521. airspace extending upward from 700 Bowling Green, Wood County Airport, OH (lat. 41°23′28′′ N., long. 83°37′49′′ W.) SUPPLEMENTARY INFORMATION: feet above the surface (AGL) is needed to accommodate this SIAP and for IFR That airspace extending upward from 700 Comments Invited feet above the surface within the area operations at the airport. The area bounded by a line beginning at lat. 41°40′00′′ Interested parties are invited to would be depicted on appropriate N., long. 84°20′00′′ W.; to lat. 41°49′00′′ N., participate in this proposed rulemaking aeronautical charts. Class E airspace long. 83°37′00′′ W.; to lat. 41°34′00′′ N., long. by submitting such written data, views, designations for airspace extending 83°19′00′′ W.; to lat. 41°15′00′′ N., long. or arguments as they may desire. upward from 700 feet above the surface 83°34′00′′ W.; to lat. 41°22′00′′ N., long. Comments that provide the factual basis are published in Paragraph 6005 of FAA ° ′ ′′ 84 05 00 W.; to the point of beginning. supporting the views and suggestions Order 7400.9C, dated August 17, 1995, * * * * * presented are particularly helpful in and effective September 16, 1995, which Issued in Des Plaines, Illinois on developing reasoned regulatory is incorporated by reference in 14 CFR September 4, 1996. decisions on the proposal. Comments 71.1. The Class E airspace designation Maureen Woods, are specifically invited on the overall listed in this document would be Manager, Air Traffic Division. regulatory, aeronautical, economic, published subsequently in the Order. environmental, and energy related [FR Doc. 96–23806 Filed 9–16–96; 8:45 am] The FAA has determined that this aspects of the proposal. BILLING CODE 4910±13±M proposed regulation only involves an Communications should identify the established body of technical airspace docket number and be regulations for which frequent and 14 CFR Part 71 submitted in triplicate to the address listed above. Commenters wishing the routine amendments are necessary to [Airspace Docket No. 96±AEA±08] FAA to acknowledge receipt of their keep them operationally current. comments on this notice must submit Therefore, this proposed regulation—(1) Proposed Establishment of Class E is not a ‘‘significant regulatory action’’ Airspace, Saluda, VA with those comments a self-addressed, stamped postcard on which the under Executive Order 12866; (2) is not AGENCY: Federal Aviation following statement is made: a ‘‘significant rule’’ under DOT Administration (FAA), DOT. ‘‘Comments to Airspace Docket No. 96– Regulatory Policies and Procedures (44 ACTION: Notice of proposed rulemaking. AEA–08’’. The postcard will be date/ FR 11034; February 26, 1979); and (3) time stamped and returned to the does not warrant preparation of a SUMMARY: This proposed rule would commenter. regulatory evaluation as the anticipated establish Class E airspace at Saluda, VA. All communications received before impact is so minimal. Since this is a The development of a new Standard the specified closing date for comments routine matter that would only affect air Instrument Approach Procedure (SIAP) will be considered before taking action traffic procedures and air navigation, it at Hummel Field Airport based on the on the proposed rule. The proposal is certified that this proposed rule Global Positioning System (GPS) has contained in this notice may be changed would not have a significant economic made this proposal necessary. The in the light of comments received. All impact on a substantial number of small intended effect of this proposal is to comments submitted will be available entities under the criteria of the provide adequate controlled airspace for for examination in the Rules Docket Regulatory Flexibility Act. Instrument Flight Rules (IFR) operations both before and after the closing date for to the airport. The area would be comments. A report summarizing each List of Subjects in 14 CFR Part 71 depicted on aeronautical charts for pilot substantive public contact with the FAA Airspace, Incorporation by reference, reference. personnel concerned with this Navigation (air). DATES: Comments must be received on rulemaking will be filed in the docket. The Proposed Amendment or before October 31, 1996. Availability of NPRMs ADDRESSES: Send comments on the Any person may obtain a copy of this In the consideration of the foregoing, proposed rule in triplicate to: Manager, Notice of Proposed Rulemaking (NPRM) the Federal Aviation Administration Operations Branch, AEA–530, Docket by submitting a request to the Office of proposes to amend 14 CFR part 71 as No. 96–AEA–08, F.A.A. Eastern Region, follows: # the Assistant Chief Counsel, AEA–7, Federal Building 111, John F. Kennedy F.A.A. Eastern Region, Federal Building Int’l Airport, Jamaica, NY 11430. The # 111, John F. Kennedy International PART 71Ð[AMENDED] official docket may be examined in the Airport, Jamaica, NY 11430. Office of the Assistant Chief Counsel, Communications must identify the 1. The authority citation for Part 71 AEA–7, F.A.A. Eastern Region, Federal notice number of this NPRN. Persons continues to read as follows: Building #111, John F. Kennedy interested in being placed on a mailing Authority: 49 U.S.C. 106(g), 40103, 40113, International Airport, Jamaica, New list for future NPRM’s should also 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– York 11430. request a copy of Advisory Circular No. 1963 Comp., P. 389; 14 CFR 11.69. An informal docket may also be 11–2A, which describes the application examined during normal business hours procedure. 2. The incorporation by reference in in the Operations Branch, AEA–530, 14 CFR 71.1 of the Federal Aviation F.A.A. Eastern Region, Federal Building The Proposal Administration Order 7400.9C, dated #111, John F. Kennedy International The FAA is considering an August 17, 1995, and effective Airport, Jamaica, NY 11430. amendment to Part 71 of the Federal September 16, 1995, is proposed to be FOR FURTHER INFORMATION CONTACT: Aviation Regulations (14 CFR part 71) to amended as follows: Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48871

Paragraph 6005 Class E airspace areas Traffic Division, Western-Pacific establishing Class E airspace area at extending upward from 700 feet or more Region, Federal Aviation Murrieta/Temecula, CA. The above the surface of the earth. Administration, 15000 Aviation development of a GPS SIAP at French * * * * * Boulevard, Lawndale, California 90261, Valley Airport has made this proposal AEA VA E5 Saluda, VA [New] telephone (310) 725–6556. necessary. The intended effect of this proposal is to provide adequate Class E Hummel Field Airport, VA SUPPLEMENTARY INFORMATION: (Lat. 37° 36′01′′ N, long. 76° 26′59′′ W) airspace for aircraft executing the GPS Comments Invited RWY 18 SIAP at French Valley Airport, That airspace extending upward from 700 feet above the surface within a 6-mile radius Interested parties are invited to Murrieta/Temecula, CA. Class E of Hummel Field Airport and within 4 miles participate in this proposed rulemaking airspace designations for airspace areas either side of the 176° bearing from the by submitting such written date, views, extending upward from 700 feet or more Hummel Field Airport extending from the 6- or arguments as they may desire. above the surface of the earth are mile radius to 9 miles south of the airport. Comments that provide the factual basis published in Paragraph 6005 of FAA * * * * * supporting the views and suggestions Order 7400.9C dated August 17, 1995, Issued in Jamaica, New York, on presented are particularly helpful in and effective September 16, 1995, which September 3, 1996. developing reasoned regulatory is incorporated by reference in 14 CFR John S. Walker, decisions on the proposal. Comments 71.1. The Class E airspace designation Manager, Air Traffic Division, Eastern Region. are specifically invited on the overall listed in this document would be [FR Doc. 96–23810 Filed 9–16–96; 8:45 am] regulatory, aeronautical, economic, published subsequently in this Order. BILLING CODE 4910±13±M environmental, and energy-related The FAA has determined that this aspects of the proposal. proposed regulation only involves an Communications should identify the established body of technical 14 CFR Part 71 airspace docket number and be regulations for which frequent and submitted in triplicate to the address [Airspace Docket No. 96±AWP±2] routine amendments are necessary to listed above. Commenters wishing the keep them operationally current. FAA to acknowledge receipt of their Proposed Establishment of Class E Therefore, this proposed regulation—(1) comments on this notice must submit Airspace; Murrieta/Temecula, CA is not a ‘‘significant regulatory action’’ with the comments a self-addressed, under Executive Order 12866; (2) is not AGENCY: Federal Aviation stamped postcard on which the a ‘‘significant rule’’ under DOT Administration (FAA), DOT. following statement is made: Regulatory Policies and Procedures (44 ACTION: Notice of proposed rulemaking. ‘‘Comments to Airspace Docket No. 96– FR 10034; February 26, 1979); and (3) AWP–2.’’ The postcard will be date/ does not warrant preparation of a SUMMARY: This notice proposes to time stamped and returned to the Regulatory Evaluation as the anticipated establish Class E airspace area at commenter. All communications impact is so minimal. Since this is a Murrieta/Temecula, CA. The received on or before the specified routine matter that will only affect air development of a Global Positioning closing date for comments will be traffic procedures and air navigation, it System (GPS) Standard Instrument considered before taking action on the is certified that this proposed rule Approach Procedure (SIAP) to Runway proposed rule. The proposal contained would not have a significant economic (RWY) 18 has made this proposal in this notice may be changed in light impact on a substantial number of small necessary. The intended effect of this of comments received. All comments entities under the criteria of the proposal is to provide adequate submitted will be available for Regulatory Flexibility Act. controlled airspace for Instrument Flight examination in the Operations Branch, Rules (IFR) operations at French Valley Air Traffic Division, at 15000 Aviation List of Subjects in 14 CFR Part 71 Airport, Murrieta/Temecula, CA. Boulevard, Lawndale, California 90261, both before and after the closing date for Airspace, Incorporation by reference, DATES: Comments must be received on Navigation (air). or before October 4, 1996. comments. A report summarizing each ADDRESSES: Send comments on the substantive public contact with FAA The Proposed Amendment proposal in triplicate to: Federal personnel concerned with this rulemaking will be filed in the docket. In consideration of the foregoing, the Aviation Administration, Attn: Federal Aviation Administration Manager, Operations Branch, AWP–530, Availability of NPRM proposes to amend 14 CFR part 71 as Docket No. 96–AWP–2, Air Traffic Any person may obtain a copy of this follows: Division, P.O. Box 92007, Worldway Notice of Proposed Rulemaking (NPRM) Postal Center, Los Angeles, California, by submitting a request to the Federal PART 71Ð[AMENDED] 90009. Aviation Administration, Operations The official docket may be examined Branch, P.O. Box 92007, Worldway 1. The authority citation for 14 CFR in the Office of the Assistant Chief Postal Center, Los Angeles, California part 71 continues to read as follows: Counsel, Western Pacific Region, 90009. Communications must identify Authority: 49 U.S.C. 106(g), 40103, 40113, Federal Aviation Administration, Room the notice number of this NPRM. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 6007, 15000 Aviation Boulevard, Persons interested in being placed on a 1963 Comp., p. 389; 14 CFR 11.69. Lawndale, California, 90261. mailing list for future NPRM’s should § 71.1 [Amended] An informal docket may also be also request a copy of Advisory Circular examined during normal business at the No. 11–2A, which describes the 2. The incorporation by reference in Office of the Manager, Operations application procedures. 14 CFR 71.1 of the Federal Aviation Branch, Air Traffic Division at the above Administration Order 7400.9C, Airspace address. The Proposal Designations and Reporting Points, FOR FURTHER INFORMATION CONTACT: The FAA is considering an dated August 17, 1995, and effective William Buck, Airspace Specialist, amendment to part 71 of the Federal September 16, 1995, is amended as Operations Branch, AWP–530, Air Aviation Regulation (14 CFR part 71) by follows: 48872 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

Paragraph 6005 Class E airspace areas Dated: September 11, 1996. Hardware and Software Costs ...... 4,500 extending upward from 700 feet or more James W. Shaw, Subtotal ...... 5,500 above the surface of the earth. Associate Director for Royalty Management. General and Administrative Overhead * * * * * [FR Doc. 96–23756 Filed 9–16–96; 8:45 am] @ 17% ...... 950 Total Costs...... 6,450 AWP CA E5 Murrieta/Temecula, CA [New] BILLING CODE 4310±MR±P Estimated Workload ...... 300 French Valley Airport, CA Fee Amount...... 21.50 ° ′ ′′ ° ′ ′′ (Lat. 33 34 34 N, long. 117 07 41 W) Rounded Fee ...... $20 That airspace extending upward from 700 DEPARTMENT OF COMMERCE feet above the surface within a 6.4-mile Two rules, 37 CFR §§ 2.53 and 2.189, radius of the French Valley Airport. Patent and Trademark Office are being removed because they are not * * * * * 37 CFR Part 2 necessary. Section 2.53 specifies the Issued in Los Angeles, California, on manner in which drawings must be September 3, 1996. [Docket No. 960828232±6232±01] transmitted. Section 2.189 simply states James H. Snow, RIN 0651±AA90 the Office’s policy on publishing Acting Manager, Air Traffic Division, amendments to the rules. The policy is Western-Pacific Region. Recordal Fees Associated with the not changing, but does not have to be [FR Doc. 96–23811 Filed 9–16–96; 8:45 am] Fastener Quality Act stated as a rule. BILLING CODE 4910±13±M AGENCY: Patent and Trademark Office, Other Considerations Commerce. ACTION: Notice of Proposed Rulemaking. It has determined that this rule is not DEPARTMENT OF THE INTERIOR significant for the purposes of Executive SUMMARY: The Patent and Trademark Order 12866. The information Minerals Management Service Office (PTO) is proposing to establish collections required by this proposed fees associated with recordation of rule are pending approval before the 30 CFR Part 206 insignias of manufacturers and private RIN 1010±AC06 label distributors to ensure the Office of Management and Budget (OMB traceability of a fastener to its number 0651–0028). The affected public Amendments to Transportation manufacturer or private label would be manufacturers and private Allowance Regulations for Federal and distributor. This proposal is in label distributors of certain types of Indian Leases to Specify Allowable accordance with provisions of the industrial fasteners. The estimated Costs and Related Amendments to Fastener Quality Act. average number of responses is six Gas Valuation Regulations DATES: Written comments must be hundred. The estimated time per response is ten minutes, so the AGENCY: Minerals Management Service, submitted on or before October 17, estimated total annual burden is one Interior. 1996. No meeting will be held. ADDRESSES: Address written comments hundred hours. The collected ACTION: Proposed rule; notice of information is needed to ensure that a extension of public comment period. to the Commissioner of Patents and Trademarks, Washington, D.C. 20231, fastener can be traced to its SUMMARY: The Minerals Management Attention: Lizbeth Kulick, Office of the manufacturer or private label Service (MMS) hereby gives notice that Assistant Commissioner for Trademarks, distributor. it is extending the public comment 2900 Crystal Drive, Arlington, Va. This proposed fee does not require period on a Notice of Proposed 22202–3513 or by fax to (703) 308–7220. notice and comment under 5 U.S.C. 553 Rulemaking, which was published in FOR FURTHER INFORMATION CONTACT: or any other statute, so no analysis or the Federal Register on July 31, 1996 Lizbeth Kulick by telephone at (703) certification is required under 5 U.S.C. (61 FR 39931). The proposed rule would 308–8900, or by fax at (703) 308–7220, 603(a). amend the regulations governing or by mail marked to her attention and Lists of Subjects in 37 CFR Part 2 allowances for transportation of gas and addressed to the Assistant clarify the methods by which gas Commissioner for Trademarks, 2900 Administrative practice and royalties and deductions for gas Crystal Drive, Arlington, Va. 22202– procedure, Courts, Lawyers, transportation are calculated. In 3513. Trademarks. response to requests for additional time, SUPPLEMENTARY INFORMATION: The For the reasons set forth in the MMS will extend the comment period Department of Commerce issued a from September 30, 1996, to October 30, preamble, the PTO proposes to amend notice of proposed rulemaking to 37 CFR part 2 as set forth below. 1996. implement the Fastener Quality Act. 57 DATES: Comments must be received by FR 37032, Aug. 17, 1992. Under that PART 2ÐRULES APPLICABLE TO 4 p.m. Mountain time on October 30, notice, the task of recording fastener TRADEMARK CASES 1996. insignia was assigned to the PTO. 57 FR ADDRESSES: Written comments should 37033–35, Aug. 17, 1992. That notice 1. The authority citation for part 2 be sent to the Minerals Management provided for recovery of insignia costs continues to read as follows: Service, P.O. Box 25165, Mail Stop through user fees. 57 FR 37035–36, Aug. 3101, Denver, Colorado 80225–0165; 17, 1992. The PTO proposes three Authority: 15 U.S.C. 1123; 35 U.S.C. 6, courier address: Building 85, Denver twenty-dollar fees to recover its costs unless otherwise noted. Federal Center, Denver, Colorado associated with the insignia recordation 2. Section 2.7 is added to read as 80225–0165, Attention: David S. Guzy. program. follows: FOR FURTHER INFORMATION CONTACT: Cost Calculations David S. Guzy, Chief, Rules and § 2.7 Fastener Recordal Fees. Procedures Staff, telephone (303) 231– The cost of processing an application (a) Application fee for recordal of 3432, fax (303) 231–3194, or e-Mail for recordal of an insignia is as follows: insignia...... $20.00 David—[email protected]. Compensation and Benefits...... 1,000 (b) Renewal of insignia recordal...... $20.00 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48873

(c) Surcharge for late renewal of DEPARTMENT OF THE INTERIOR Department published final Title XI insignia recordal ...... $20.00 regulations (51 FR 31619). Office of the Secretary In early 1987, the Trustees for Alaska § 2.53 [Removed] and other groups (Trustees) sued the 3. Section 2.53 is removed. 43 CFR Part 36 Department to challenge the Title XI § 2.189 [Removed] RIN 1093±AA07 regulations as exceeding the authority granted to the Department by ANILCA. 4. Section 2.189 is and the Transportation and Utility Systems In Parties intervening in the case included undesignated center heading and Across, and Access Into, Arctic Slope Regional Council, the ‘‘Amendment of Rules’’ are removed. Conservation System Units in Alaska Alaska Miners Association, the Alaska Dated: September 10, 1996. Forest Association, and the Resource Bruce A. Lehman, AGENCY: Office of the Secretary, Interior. Development Council for Alaska, Inc. Assistant Secretary of Commerce and ACTION: Proposed rule. (The State of Alaska’s Motion to Commissioner of Patents and Trademarks. Intervene on appeal is pending.) In SUMMARY: This proposed rule would [FR Doc. 96–23666 Filed 9–16–96; 8:45 am] Orders dated April 29, 1991, and March revise and simplify the regulatory BILLING CODE 3510±16±P 16, 1993, the U.S. District Court for the definition of the term ‘‘economically District of Alaska granted summary feasible and prudent alternative route’’ judgment to the Department. The as used in the review of proposed Trustees appealed the lower court’s ENVIRONMENTAL PROTECTION transportation and utility systems in AGENCY decision to the U.S. Court of Appeals for Alaska under Title XI of the Alaska the Ninth Circuit, which assigned the National Interest Lands Conservation 40 CFR Part 52 case to the Chief Circuit Mediator to Act (ANILCA). explore whether possible revision of the [IA±005±1005; FRL±5611±3] DATES: Comments are requested by Title XI regulations, then under November 18, 1996. consideration by the Department of the Approval and Promulgation of ADDRESSES: Comments on the proposed Interior, might provide a basis for Implementation Plans and Approval regulations should be addressed to: settlement. Based on all the parties’ oral Under Section 112(1); State of Iowa Field Director, Alaska Field Office, stipulation of agreement, and with the AGENCY: Environmental Protection National Park Service, 2525 Gambell State of Alaska’s concurrence, the Chief Agency (EPA). Street, Room 107, Anchorage, AK Circuit Mediator entered a court order on August 30, 1996, dismissing the ACTION: Notice of reopening public 99503–2892. litigation on the basis of the comment period. FOR FURTHER INFORMATION CONTACT: David A. Funk, Alaska Field Office, Department’s proposal of a single SUMMARY: The EPA is providing notice National Park Service, 2525 Gambell regulatory revision to the existing Title that the public comment period for a Street, Room 107, Anchorage, AK XI regulations. If, after consideration of notice of proposed rulemaking 99503–2892. Phone: (907) 257–2589. comments received in response to published July 29, 1996 (61 FR 39375), today’s proposed rulemaking, the has been reopened until October 17, SUPPLEMENTARY INFORMATION: Department decides to promulgate a 1996. The July 29, 1996, action proposes Background final rule based on the language of the proposed rule, the Ninth Circuit Court to adopt certain revisions submitted by On December 2, 1980, the Alaska the state of Iowa to meet requirements will dismiss the Title XI appeal with National Interest Lands Conservation prejudice. of the Clean Air Act, and improve the Act (ANILCA) was signed into law as state’s permitting program and air The Department is today proposing Public Law 96–487 (94 Stat. 2371, 16 one revision to the 1986 regulations in quality. Comments on the proposal were U.S.C. 3101, et seq.). Title XI of due by August 28, 1996. order to improve the regulations’ ANILCA, which is entitled workability and reduce the A number of persons have indicated ‘‘Transportation and Utility Systems in that they desire more time to adequately opportunities for delays in decision- and across, and Access into, making. The decision to propose this address the issues contained in the Conservation System Units,’’ proposed rule. The EPA has determined one revision follows substantial review established guidelines and procedures and discussion with interested parties that additional time for comment is for submitting and processing appropriate and is therefore reopening both within and outside the applications for transportation and Department. Based on these discussions the comment period. utility systems (TUS) in Alaska when and the August 30, 1996 Court Order DATES: Comments are now due on or any portion of the route of the system entered by the Ninth Circuit’s Chief before October 17, 1996. will be within any conservation system Mediator, the Department is hopeful ADDRESSES: Comments may be mailed to unit, national recreation area, or that this rulemaking process will result Christopher D. Hess, Environmental national conservation area. In addition, in settlement of the longstanding Protection Agency, Air Planning and Title XI authorizes special access, litigation. Development Branch, 726 Minnesota temporary access, and access to The Department is not proposing any Avenue, Kansas City, Kansas 66101. inholdings. other revisions of the Title XI FOR FURTHER INFORMATION CONTACT: On July 15, 1983, the Department of regulations. Thus, for example, the 1986 Christopher D. Hess at (913) 551–7213. the Interior (Department) proposed regulations implementing the Title XI comprehensive regulations to provisions concerning access to Authority: 42 U.S.C. 7401–7671q. implement ANILCA Title XI on lands in inholdings, special access, and Dated: September 9, 1996. Alaska under the jurisdiction of the temporary access remain intact. Also, William Rice, National Park Service (NPS), U.S. Fish the Department is not proposing any Acting Regional Administrator. and Wildlife Service (FWS), and the changes to the regulatory provisions [FR Doc. 96–23790 Filed 9–16–96; 8:45 am] Bureau of Land Management (BLM) (48 governing access to subsistence BILLING CODE 6560±50±P FR 32506). On September 4, 1986, the resources under Title VIII of ANILCA 48874 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

(see 36 CFR § 13.46 (NPS) and 50 CFR decisions consistent with the statutory PART 36ÐTRANSPORTATION AND § 36.12 (FWS)). Finally, this rulemaking preference for routing a TUS outside a UTILITY SYSTEMS IN AND ACROSS, does not concern recognition and conservation system unit, national AND ACCESS INTO, CONSERVATION management of R.S. 2477 rights-of-way. recreation area, or national conservation SYSTEM UNITS IN ALASKA area expressed in ANILCA section Section-by-Section Analysis 1104(g)(2)(B). A technical correction to 1. The authority section for part 36 Section 36.2 Definitions this definition replaces the term continues to read as follows: As a general matter, ANILCA Title XI ‘‘alternate route’’ with the analogous, Authority: 16 U.S.C. 1, 3, 668dd et seq., establishes the following criteria for statutorily used term, ‘‘alternative and 3101 et seq.; 43 U.S.C. 1201. approval of a transportation or utility route.’’ 2. Section 36.2 is amended by revising system across a conservation system Public Participation paragraph (h) to read as follows: unit, national conservation area, or § 36.2 Definitions. national recreation area in Alaska: (1) It is the policy of the Department of The proposed transportation or utility the Interior, whenever practical, to * * * * * system must be ‘‘compatible with the afford the public an opportunity to (h) Economically feasible and prudent purposes for which the unit was participate in the rulemaking process. alternative route means a route either established,’’ and (2) there must be no Accordingly, interested persons may within or outside an area that is based ‘‘economically feasible and prudent submit written comments, suggestions on sound engineering practices and is alternative route for the system.’’ This or objections regarding this rulemaking economically practicable but does not rulemaking proposes to revise the document to the address noted at the necessarily mean the least costly regulatory definition of the term beginning of this rulemaking. alternative route. ‘‘economically feasible and prudent Drafting Information * * * * * alternative route’’ in the second Dated: September 11, 1996. criterion by replacing the complex The primary authors of this proposal George T. Frampton, Jr., definition promulgated in 1986 with the are David A. Funk and Russel J. Wilson Assistant Secretary for Fish and Wildlife and simpler definition originally proposed of the Alaska Regional Office, National Parks. in 1983. Park Service, and Molly N. Ross, Office Dated: September 11, 1996. The existing definition promulgated of the Assistant Secretary for Fish and Bob Armstrong, in 1986 reads as follows: Wildlife and Parks, Department of the Assistant Secretary for Land and Minerals ‘‘Economically feasible and prudent Interior, Washington, D.C. Management. alternate route’’ means an alternate Paperwork Reduction Act [FR Doc. 96–23775 Filed 9–16–96; 8:45 am] route must meet the requirements for BILLING CODE 4310±70±P being both economically feasible and This rule does not contain collections prudent. To be economically feasible, of information that require approval by the alternate route must be able to the Office of Management and Budget attract capital to finance its construction under 44 U.S.C. 3501, et seq. FEDERAL COMMUNICATIONS and an alternate route will be Compliance With Other Laws COMMISSION considered to be prudent only if the difference of its benefits minus its costs In accordance with the Regulatory 47 CFR Part 1 is equal to or greater than that of the Flexibility Act, 5 U.S.C. 601 et seq., the benefits of the proposed transportation Department has determined that this [CC Docket No. 92±105; DA 96±1500] or utility system minus its costs. rule will not have a significant The revised definition which the economic effect on a substantial number Pleading Cycle Established for Department is proposing today is the of small entities, nor does it require a Request of the United States same as the definition originally preparation of a regulatory analysis. Department of Justice That 311 be proposed in 1983 (48 FR 32506), as The rule has been reviewed under Reserved for Use by Communities for follows: Executive Order 12866. Non-Emergency Police Telephone ‘‘Economically feasible and prudent The Department has determined this Calls alternative route’’ means a route either rule is categorically excluded from the within or outside an area that is based September 10, 1996. procedural requirements of the National on sound engineering practices and is AGENCY: Federal Communications Environmental Policy Act pursuant to economically practicable but does not Commission. 516 DM 2, Appendix 1.5. The action necessarily mean the least costly ACTION: Request for comments. was previously covered by an alternative route. Environmental Assessment and a The proposed definition is simpler SUMMARY: On September 10, 1996 the Finding of No Significant Impact. None and more straightforward than the Commission released a public notice of the exceptions to the categorical elaborate formula which was added in inviting comment on a request by the exclusions in 516 DM 2, Appendix 2, the final 1986 regulations. The proposed United States Department of Justice’s applies. definition includes the economic Office of Community Oriented Policing considerations mentioned in the List Of Subjects in 43 CFR Part 36 Services that an N11 code, specifically legislative history, but avoids the 311, be reserved on a national basis for complex and potentially misleading Access, Alaska, Conservation system use by communities for non-emergency quantitative analysis required by the units, National parks, Rights-of-way, police telephone calls. The intended 1986 definition. The proposed Traffic regulation, Transportation, effect of this action is to solicit definition avoids the opportunities for Utilities, Wildlife refuges. comments from the public on the delay and controversy inherent in the Accordingly, 43 CFR Part 36 is request. 1986 definition. Finally, the proposed proposed to be amended as set forth DATES: Comments should be Filed by definition is more likely to facilitate below: October 10, 1996. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48875

ADDRESSES: Federal Communications closing the public comment period for general nature (61 FR 7596; February 28, Commission, 1919 M Street, N.W., comments on the process whereby the 1996) when it announced the revisions Washington, DC 20554. Service identifies candidates for to the candidate identification process. FOR FURTHER INFORMATION CONTACT: addition to the lists of endangered or The candidate notice specified no Elizabeth Nightingale, (202) 418–2352, threatened wildlife and plants. The closing date for comments of either a of the Common Carrier Bureau, Network proposed changes were contained in the general, or a species-specific nature. The Services Division. Candidate Notice of Review (candidate Service now announces that it will notice) published in the Federal consider all public comments on the SUPPLEMENTARY INFORMATION: Register on February 28, 1996. The matter of discontinuing the practice of Comments Due October 10, 1996 Service continues to evaluate its current identifying category-2 candidate species practice of using information provided that are received on or before October In a letter dated August 26, 1996, the by states and private and public 17, 1996. By December 1, 1996, the United States Department of Justice’s interests to evaluate species for Service will publish a subsequent notice Office of Community Oriented Policing potential listing under the Endangered in the Federal Register addressing all Services (DJ) asked that an N11 code, Species Act. Based on public comments, comments received and indicating a specifically 311, be reserved on a the Service may make policy changes to final decision on this issue and how the national basis for use by communities the candidate species and notice of Service intends to identify species that for non-emergency police telephone review process. The Service continues are under consideration for possible calls. DJ suggested that the N11 code to accept information on the biological addition to the list of endangered or could be used to give access to other status and threats facing any individual threatened species. government services, at the discretion of species until further notice. As solicited in the Service’s February each jurisdiction. DATES: Comments of a general nature, 28, 1996 candidate notice (61 FR 7596), We invite comment on DJ’s request. including comments that are related to comments and information relating to Comments should be filed by October the process whereby species are the biological status and threats of 10, 1996, with the Secretary, FCC, 1919 identified as candidates for protection particular taxa that are, or should be, M Street, N.W., Washington, D.C. 20554. under the Endangered Species Act of regarded as candidates for protection A copy should also be sent the 1973 (Act), as amended, will be under the Act may be submitted at any Commission’s contractor for public accepted and considered until October time to the Regional Director of the records duplication, ITS, Inc., 2100 M 17, 1996. Region identified as having lead Street, N.W., Suite 140, Washington, ADDRESSES: Comments on the Service’s responsibility. Biological status and D.C. 20037. Comments should refer to candidate notice process should be threat information for species that do CC Docket No. 92–105. The text of the directed to the Chief, Division of not have a designated lead Region DJ letter and the comments will be Endangered Species, U.S. Fish and should be submitted to the Division of available for inspection and copying Wildlife Service, 1849 C Street, N.W., Endangered Species, Washington, D.C. during regular business hours in the Mailstop ARLSQ–452, Washington, D.C. FCC Reference Center, Federal National Environmental Policy Act 20240. Communications Commission, 1919 M The Service does not consider any Street, N.W., Room 239, Washington, FOR FURTHER INFORMATION CONTACT: E. decision to discontinue the maintenance D.C. 20554. Copies can also be obtained LaVerne Smith, Chief, Division of of a list of category-2 candidate species from ITS by calling (202) 857–3800. Endangered Species, U.S. Fish and in notices of review to be a major For further information contact Wildlife Service, 703–358–2171 (see Federal action significantly affecting the Elizabeth Nightingale, Network Services ADDRESSES section). human environment for purposes of the Division, Common Carrier Bureau, at SUPPLEMENTARY INFORMATION: National Environmental Policy Act (202) 418–2320. (NEPA) of 1969 (42 U.S.C. 4321 et seq.). Background Further, the Department of the Interior’s Federal Communications Commission. On February 28, 1996, the Service Departmental Manual (DM) Geraldine A. Matise, published a revised candidate notice of categorically excludes, ‘‘Activities Chief, Network Services Division, Common review in the Federal Register (61 FR which are educational, informational, Carrier Bureau. 7596) that announced changes to the advisory or consultative to other [FR Doc. 96–23802 Filed 9–16–96; 8:45 am] way the Service identifies species that agencies, public or private entities, BILLING CODE 6712±01±P are candidates for listing under the visitors, individuals, or the general Endangered Species Act of 1973, as public’’ (516 DM 2, Appendix 1, item amended (16 U.S.C. 1531 et seq.). For 1.11). Notices of review serve the DEPARTMENT OF THE INTERIOR reasons outlined in the candidate purpose of informing Federal agencies, notice, the Service noted its intention to state agencies, and the general public of Fish and Wildlife Service discontinue maintaining a list of species taxa that are candidates for possible that were previously identified as addition to the lists of endangered or 50 CFR Part 17 ‘‘category-2 candidates.’’ Category-2 threatened wildlife and plants. They Endangered and Threatened Wildlife candidates were species for which the also serve as data-gathering tools to and Plants; Notice of Closure of Public Service had information indicating that assist the Service in developing the best Comment Period protection under the Act may be available scientific and commercial data warranted but for which it lacked on such taxa. There is no statutory or AGENCY: Fish and Wildlife Service, sufficient information on status and regulatory mandate on how to structure Interior. threats to justify preparation of a or when to publish these notices. Thus, ACTION: Notice of review; closing of proposed listing. even if the Service’s decision to public comment period. In addition to soliciting biological discontinue maintenance of a list of information on taxa that are candidates species of concern as category-2 SUMMARY: The U.S. Fish and Wildlife for listing under the Act, the Service candidates in notices of review were Service (Service) announces that it is also solicited public comments of a considered an ‘‘action’’ for purposes of 48876 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

NEPA, such would fall within this period began on July 16, 1996, and The scope and success of these and categorical exclusion. The Service also closes on September 16, 1996. other conservation actions will be taken believes that the exceptions to On April 10, 1995, Public Law 104– into consideration when the Service categorical exclusions (516 DM 2, 06 imposed a moratorium which makes its final listing decision. Appendix 2) would not be applicable to prevented the addition of any species to Author such a decision, especially in light of the Threatened and Endangered Species the absence of environmental effects for List. Thus, the Service was prevented The primary author of this notice is such action. from making a final decision on the Ronald L. Refsnider, U.S. Fish and proposed threatened classification of the Wildlife Service, Division of Authority copperbelly water snake. The Endangered Species, Bishop Henry The authority for this action is the moratorium remained in effect until Whipple Federal Building, 1 Federal Endangered Species Act of 1973, as April 26, 1996, at which time Public Drive, Ft. Snelling, Minnesota 55111– amended (16 U.S.C. 1531 et seq.). Law 104–134 was enacted, providing for 4056 (612–725–3536). Dated: September 6, 1996 the termination of the listing moratorium by the President. Authority John G. Rogers The Service is required to use the best Authority for this action is the Acting Director, Fish and Wildlife Service. available scientific and commercial data Endangered Species Act of 1973 (16 [FR Doc. 96–23718 Filed 9–16–96; 8:45 am] in making listing determinations under U.S.C. 1531 et seq.). BILLING CODE 4310±55±P the Endangered Species Act of 1973, as Dated: September 12, 1996. amended. The Service’s Final Listing Priority Guidance, published May 16, John A. Blankenship, 50 CFR Part 17 1996, (61 FR 24722) notes that the Acting Regional Director, Region 3, Ft. Snelling, MN. RIN 1018±AB75 inaction forced upon the Service by the moratorium and related funding [FR Doc. 96–23865 Filed 9–16–96; 8:45 am] Endangered and Threatened Wildlife limitations may result in a need to BILLING CODE 4310±55±M and Plants; Extension of Comment reopen comment periods due to Period on Threatened Status for unresolved questions or the potential for Copperbelly Water Snake the existence of new information. DEPARTMENT OF COMMERCE Pursuant to this Guidance, the Service AGENCY: Fish and Wildlife Service, reopened the comment period on July National Oceanic and Atmospheric Interior. 16, 1996, (61 FR 37034) for 60 days to Administration ACTION: Proposed rule; notice of ensure that the best scientific and 50 CFR Part 285 extension of comment period. commercial information currently available would be used in making a [Docket No. 960416112±6256±03; I.D. SUMMARY: The Fish and Wildlife Service final listing determination for the 091296B] (Service) provides notice that the copperbelly water snake. RIN 0648±AI29 comment period on the proposed The Service has contracted for a threatened status for the copperbelly report on the current biological status of Options for 1997 Rulemaking for water snake (Nerodia erythrogaster the northern population (southern Atlantic Tunas neglecta) is extended. This snake Michigan and the adjacent portions of occupies portions of southern Michigan, Indiana and Ohio) of the copperbelly AGENCY: National Marine Fisheries northwestern Ohio and adjacent water snake. This report has not yet Service (NMFS), National Oceanic and northeastern Indiana, southern Indiana, been completed. Due to the expected Atmospheric Administration (NOAA), southeastern Illinois, and western importance of this updated information Commerce. Kentucky. in evaluating the status of the northern ACTION: Advanced notice of proposed DATES: Comments from all interested populations, the Service is extending rulemaking (ANPR); request for parties must be received by November the current comment period so that the comments. 15, 1996. report will be available and reviewed by SUMMARY: NMFS is considering ADDRESSES: Comments and materials the Service prior to making a final rulemaking on a number of issues that concerning this proposal should be sent listing decision. Parties wishing to affect the Atlantic tuna fishery: (1) to U.S. Fish and Wildlife Service, 620 receive a copy of the northern Changes in Atlantic tuna permit South Walker Street, Bloomington, population report were asked, in the regulations to require annual permits, Indiana 47403–2121. July 16, 1996, Federal Register notice, to furnish their address to the Service; establish mutually exclusive FOR FURTHER INFORMATION CONTACT: copies of the report will be sent to those recreational and commercial fishing David Hudak, Field Supervisor, (see parties when the report is received by categories, recover administrative costs ADDRESSES section), 812/334–4261 the Service. through a permit fee; (2) modifications extension 200. During this comment period the to the Atlantic bluefin tuna (ABT) SUPPLEMENTARY INFORMATION: Service has been working with Angling category quotas to address representatives of the coal industry, the geographic distribution of fishing Background Farm Bureau Federation, State fish and opportunities, and establishing A proposed rule to list the wildlife resource agencies, and State mandatory self-reporting systems for copperbelly water snake (sometimes surface mining regulatory agencies to ABT recreational quota monitoring; (3) referred to as the northern copperbelly develop conservation plans for the modifications to the target catch water snake) as threatened was copperbelly water snake and its habitat requirements for the Incidental longline published on August 18, 1993 (58 FR in Illinois, Kentucky, and southern ABT fishery; (4) measures necessary to 43860). A public hearing on the Indiana. These efforts have been implement quota modifications and/or proposal was held in Indianapolis on productive and will be continued any other management April 4, 1994. The current comment during the extended comment period. recommendations for Atlantic tunas Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 48877 following the 1996 meeting of the meetings and workshops with northern subcategory cannot be met by International Commission for the constituents regarding recreational vessels in the shark longline fisheries Conservation of Atlantic Tunas (ICCAT); quota monitoring, and is soliciting operating off of North Carolina in the and (5) methods for improving quota comments on the possible winter months, due to the trip limits in monitoring and enforcement, and implementation of a self-reporting effect under the shark fishery alternative measures to extend the system for ABT quota monitoring, management plan. Participants in this season. including the use of punch-cards, tags, winter shark fishery have noted that the DATES: Written comments on this ANPR hot-line phone-in systems, and/or other Atlantic bluefin tuna and shark must be received on or before October mandatory self-reporting mechanisms. regulations, taken together, force 15, 1996. Accuracy of these self-reporting systems discarding of Atlantic bluefin tuna. ADDRESSES: Written comments should may be ensured through the use of These fishermen have requested an be addressed to William Hogarth, Acting personal identification numbers, at sea allowance to land and market fish that Chief, Highly Migratory Species and dockside enforcement, and follow- would otherwise be discarded dead, Management Division (F/CM4), National up surveys to ensure that ABT catches thus increasing boat revenues without Marine Fisheries Service, 1315 East- are being reported. contributing to additional Atlantic Incidental Category Target Catch bluefin tuna mortality. West Highway, Silver Spring, MD Requirements: The incidental longline In response to comments, NMFS 20910. fishery, which commonly directs fishing undertook a review of the Atlantic FOR FURTHER INFORMATION CONTACT: John effort on swordfish, sharks and non- bluefin tuna incidental catch Kelly, 301-713-2347. bluefin tunas, also occasionally catches regulations, including division of the SUPPLEMENTARY INFORMATION: bluefin tuna incidental to these other quotas, position of the dividing line Permits: NMFS currently has a three- fisheries. Under current Atlantic bluefin between the northern and southern year staggered renewal permitting tuna regulations, the incidental longline subcategories, and landing criteria system for Atlantic tunas. This system fishery is permitted to retain: (1) One applicable to each management area. has hampered the agency’s ability to (bluefin tuna) per vessel per fishing trip Observer data from longline trips taken monitor closely the size of the fleet that landed south of 34°00’ N. latitude, from 1991–1994 indicate that 2 or fewer participates in the Atlantic tuna fishery. provided that for the months of January ABT were hooked on 91 percent of all NMFS therefore is considering through April at least 1,500 pounds (680 observed trips. Landings information implementing an annual renewal of kg), and for the months of May through indicates that median values for landed permits, available through a modernized December at least 3,500 pounds (1,588 catch are approximately 1500 pounds internet and phone voice-recognition kg), either dressed or roundweight, of for trips made in the months of January system, which would be subject to a species other than Atlantic bluefin tuna through April, and 3500 pounds for permit fee calculated so as to recover are legally caught, retained, and trips made in May through December, in administrative costs. offloaded from the same trip and are fisheries south of 34°00’; and 3500 NMFS has received numerous recorded on the dealer weighout as sold; pounds for trips made throughout the comments regarding the possible and (2) Two percent by weight, either year in fisheries north of 34°00’. From separation of recreational and dressed or round weight, of all other that same study, the 75th percentile commercial ABT fishers; the current fish legally landed, offloaded and values for landed catch are permit system allows Angling, General, documented on the dealer weighout as approximately 4500 pounds for trips and Charter/Headboat category vessels sold at the end of each fishing trip, made in the months of January through to target and land recreational-size ABT, north of 34°00’ N. latitude. These April, and 6000 pounds for trips made while General and Charter/Headboat longline fishery retention allowances in May through December, in fisheries may also target, land and sell receive a quota each year from the south of 34°00’; and for trips made commercial size ABT. NMFS solicits overall bluefin tuna quota, along with throughout the year in fisheries north of comments on the possible other directed fishery quotas. 34°00’. implementation of a permit system that The quota for the Incidental category As a result of this review, NMFS allows vessels to target and land has not been met in recent years, most requests comments on possible changes exclusively commercial-size fish or notably due to decreased landings by to reduce incidental mortality of ABT exclusively recreational-size fish, with longline vessels fishing in the southern while allowing for commercial use of no possibility for overlap. area (south of 34°00’ N. latitude). This unavoidable bycatch—namely, to Angling Category Operations: decrease in landings is attributable in reapportion the base Incidental longline Historically, the Angling category part to a decline in effective fishing quota between the northern and school size subcategory has been effort in the Gulf of Mexico and south southern geographic regions to more divided between a ‘‘north’’ and a Atlantic region. Consequently, in 1994 accurately reflect catch trends for those ‘‘south’’ area quota, with the division at and 1995, a portion of the southern area areas and to also adjust target catch Delaware Bay, while the large school- quota was transferred to the northern requirements for both the northern and small medium category has not been area longline fisheries. NMFS also southern Incidental longline subdivided. In the last few years, there adjusted the north-south dividing line subcategories. Target catch is species has been increased concern regarding in 1993, without reapportionment of the other than Atlantic bluefin tuna that are the geographic distribution of these area subquotas. This division line legally caught, retained, and offloaded harvests. NMFS is considering adjustment prompted comments from the same trip and are recorded on alternative sub-quota divisions that regarding division of quota and the dealer weighout as sold, and can be would increase the geographical extent specification of landings requirements in either whole or dressed weight of recreational fishing opportunities. affecting the northern and southern pounds (lb) or kilograms (kg). NMFS is also of considering subcategories of the Incidental longline In the Incidental south subcategory, alternatives to the Large Pelagic Survey category. NMFS is considering whether to adjust (LPS) for the purposes of quota In addition, NMFS has received target catch requirements adjusted as monitoring in the ABT recreational numerous written comments that the follows: (1) From January through April, fishery. NMFS has attended a number of landings requirements applicable in the one fish per vessel per fishing trip with 48878 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules at least 1500 lb (680 kg) of target catch, establishment of specific management established for the 1996 fishery, and or two fish per vessel per trip with at measures for yellowfin tuna. While the NMFS solicits proposals on least 4500 lb (2040 kg) of target catch; specific nature of these modifications to these and/or alternative (2) From May through December, one recommendations will not be known methods to extend the season. fish per vessel per fishing trip with at until late November, the recovery plans least 3500 lb (1588 kg) of target catch, will be available after meetings of the Request for Comments or two fish per vessel per trip with at Standing Committee on Research and NMFS requests comments on possible least 6000 lb (2722 kg) of target catch. Statistics (September 9 - 20, 1996 for changes to the Atlantic tuna regulations In the Incidental north subcategory, bluefin). as outlined above, in an effort to obtain Other Comments: NMFS is also NMFS is considering whether to adjust industry input prior to developing target catch requirements to one fish per soliciting comments on other aspects of specific proposals for regulatory vessel per fishing trip with at least 3500 tuna regulations, including methods for alternatives. Comments received on this lb (1588 kg), or two fish per vessel per improving quota monitoring and ANPR will assist NMFS in drafting trip, with at least 6000 lb (2722 kg) of enforcement. For the latter, NMFS proposed changes to the Atlantic tunas target catch. would like comments on the possibility Implement 1996 ICCAT Management of prohibiting vessels permitted in the regulations. Recommendations: NMFS anticipates Atlantic tuna fishery to carry tuna Authority: 16 U.S.C. 971 et seq. that quota modifications as well as other fishing gear on board on the day prior Dated: September 12, 1996. management measures will be to the re-opening of the fishery, recommended at the 1996 ICCAT including no-fishing days or closed Rolland A. Schmitten, meeting. Management issues that are season days. Finally, suggestions for Assistant Administrator for Fisheries, already on the Commissioners’ meeting alternative measures to extend the National Marine Fisheries Service. agenda include recovery plans for fishing season are solicited. No-fishing [FR Doc. 96–23767 Filed 9–12–96; 12:32 pm] Atlantic bluefin tuna and the days and monthly quotas were BILLING CODE 3510±22±F 48879

Notices Federal Register Vol. 61, No. 181

Tuesday, September 17, 1996

This section of the FEDERAL REGISTER management activities or requests to be selection and group selection may be contains documents other than rules or replaced on the project mailing list of applied to commercial and proposed rules that are applicable to the Debbie Henderson-Norton, District noncommercial stands, to accomplish public. Notices of hearings and investigations, Ranger, Salmon/Cobalt Ranger District, specific big game needs (FLRMP, IV– committee meetings, agency decisions and RR 2 Box 600, Salmon, Idaho 83467. 110). Approximately 9,000 acres are rulings, delegations of authority, filing of petitions and applications and agency FOR FURTHER INFORMATION CONTACT: within this management area. statements of organization and functions are Barbara Levesque, EIS Team Leader, Mangement Area 5A—The goals of examples of documents appearing in this Salmon/Cobalt Ranger District, Salmon this area are to produce long-term section. and Challis National Forests (208–756– timber outputs through a high level of 5100) investment in regeneration and thinning. Approximately 4,300 acres are SUPPLEMENTARY INFORMATION: The DEPARTMENT OF AGRICULTURE proposed action would helicopter within this management area. Management Area 3A–5A—The goals harvest approximately three million Forest Service of this area are to manage aquatic boardfeet of Douglas-fir from 2,378 acres habitat for anadromous fish species and within the 19,300 acre analysis area. Up Cobalt Helo Salvage Sale; Salmon and to produce long-term timber outputs to sixteen helicopter landings would be Challis National Forests, Lemhi through high investments in County, Idaho constructed. Approximately 1.5 miles of regeneration and thinning. temporary roads would be build from Approximately 3,000 acres are within AGENCY: Forest Service, USDA. existing roads to designated landing this management area. ACTION: Notice; intent to prepare areas. The temporary roads would be Management Area 5B—The goals of environmental impact statement. obliterated, recontoured, and this area are to meet a medium level of revegetated upon completion of the commercial sawtimber output through SUMMARY: The USDA-Forest Service will timber harvest. prepare an environmental impact medium investments in timber The analysis area is located within the management. Timber sales with salvage statement (EIS) to analyze and disclose Panther Creek Watershed from Quartz the environmental impacts of a proposal rights will be used where trees must be Gulch to Musgrove Creek and is removed for site preparation, release, to salvage harvest timber and construct approximately 19,300 acres in size. It helicopter landings in the Panther Creek and insect and disease protection. includes the lower reaches of Quartz Approximately 2,700 acres are within Watershed located about 35 miles Gulch, Spring, Fawn, Blackbird, southwest of Salmon, Idaho. this management area. Dummy, Copper, Woodtick, Moyer, and Management Area 3A–4A—The goals The proposed Cobalt Helo project is Musgrove Creeks. The analysis area also located within portions of two within this area are to meet anadromous includes the Deep and Napias Creek fish habitat needs and provide for big inventoried roadless areas, the South drainages, from their confluence with game habitat on key big game winter Panther Creek (#13504A) and the Deep Panther Creek to approximately four range. Timber harvest and management Creek (#13509) roadless areas, as well as miles up the drainages. The legal is compatible, but activity, intensity, outside roadless areas. The analysis area description for the analysis area is and timing will be appropriate to is immediately adjacent to Panther T.21N, R.19E., all or portions of sections meeting habitat quality goals. Creek which is eligible for consideration 9, 11, 12–17, 20–24, 26–28, 32–36; Approximately 300 acres are within this as a recreational segment in the wild T.20N., R.18E., all or portions of management area. and scenic river system. sections 1, 2, 11–13, 23–27, 34–36; and The principal environmental issues This EIS will tier to the Salmon T.20N., R.19E., all or portions of identified to date are related to the National Forest Land and Resource sections, 1, 2, 4–9, 17–19 and 30, BM, impacts on the Deep Creek Roadless Management Plan and EIS, which ID. Area; effects on visuals, including provide overall guidance for achieving The Salmon Forest Plan provides viewsheds from the Panther Creek Road; the desired future condition of the area. guidance for management activities and impacts on big game winter range. The purpose of the proposed action is within the potentially affected area The Forest Service will consider a to salvage merchantable green Douglas- through its goals, objectives, standards range of alternatives. One of these will fir and standing dead Douglas-fir trees and guidelines, and management area be ‘‘no action’’ alternative in which the to reduce the risk of a stand replacing direction. The proposed timber harvest proposed action will not be fire; improve residual stand health and would occur within Management implemented. Another alternative will vigor by reducing competition for Allocations 4A, 5A, 3A–5A, 5B, and examine the harvest of timber outside moisture and nutrients through basal 3A–4A. Harvest of green and dead the roadless area but not inside it. area reduction; create conditions timber will occur on suitable ground The EIS will analyze the direct, favorable for natural Douglas-fir and harvest of dead timber only will indirect, and cumulative environmental regeneration; and maintain and enhance occur on unsuitable ground. Below is a effects of the alternatives. Past, present, thermal cover for wildlife in winter brief description of the applicable and projected activities on both private range. management direction. and National Forest lands will be DATES: Written comments and Management Area 4A—The goals of considered. The EIS will disclose the suggestions should be received on or this area are to provide required forage analysis of site-specific measures and before October 17, 1996. and cover on big game winter range. their effectiveness. ADDRESSES: Submit written comments Tree stand treatments including Public participation is an important and suggestions on the proposed clearcut, shelterwood, single tree part of the analysis, commencing with 48880 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices the initial scoping process (40 CFR not raised until after completion of the Dated: September 5, 1996. 1501.7), which will occur from October final EIS may be waived or dismissed by Donald W. Gohmert, of 1996 to November of 1996. In the courts; ‘‘City of Angoon v. Hodel,’’ State Conservationist. addition, the public is encouraged to 803 F.2d 1016, 1022 (9th Cir, 1986) and (Catalog of Federal Domestic Assistance visit with Forest Service officials at any ‘‘Wisconsin Heritages Inc. v. Harris,’’ Program No. 10.904, Watershed Protection time during the analysis and prior to the 490 F. Supp 1334, 1338 (E.D. Wis., and Flood Prevention. Office of Management decision. 1980). Because of these court rulings, it and Budget Circular A–95 regarding state and The Forest Service will be seeking is very important that those interested local clearinghouse review of Federal and information, comments, and assistance in this proposed action participate by federally assisted programs and projects is applicable) from Federal, State, and local agencies the close of the 45-day comment period and other individuals or organizations so that substantive comments and [FR Doc. 96–23694 Filed 9–16–96; 8:45 am] who may be interested in or affected by objections are available to the Forest BILLING CODE 3410±16±M the proposed action. Because Panther Service at a time when it can Creek is an anadromous fishery and the meaningfully consider them and project proposal includes the respond to them in the final EIS. Rural Housing Service construction of three landings in the riparian habitat conservation area, To assist the Forest Service in Notice of Request for Extension of a consultation with the National Marine identifying and considering issues on Currently Approved Information Fisheries Service has been initiated with the proposed action, comments should Collection regard to listed species. No public be as specific as possible. Reviewers AGENCY: Rural Housing Service, USDA. meetings are scheduled. may wish to refer to the Council on ACTION: While public participation in this Environmental Quality regulations for Proposed collection; comments request. analysis is welcome at any time, implementing the procedural provisions comments received within the 30 days of the National Environmental Policy SUMMARY: In accordance with the of the publication of this notice will be Act at 40 CFR 1503.3 in addressing Paperwork Reduction Act of 1995, this especially useful in the preparation of these points. notice announces the Rural Housing the draft EIS. The draft is expected to be I am the responsible official for this Service’s (RHS) intention to request an filed with the EPA and available for environmental impact statement. My extension for a currently approved public review in January, 1997. A 45- address is Salmon and Challis National information collection in support of day comment period will follow Sections 514, 515, 516, and 521 publication of a Notice of Availability of Forest, RR 2 Box 600, Salmon, Idaho 83467. programs authorized under Title V of the draft EIS in the Federal Register. the Housing Act of 1949, as amended, The comments will be analyzed and Dated: September 5, 1996. regarding borrower supervision and considered in preparation of a final EIS, George Matejko, servicing for Multi-Family Housing which will be accompanied by a Record Forest Supervisor. Loans and Grants. of Decision. The final EIS is expected to [FR Doc. 96–23586 Filed 9–16–96; 8:45 am] DATES: Comments on this notice must be be filed in June, 1997. received by November 18, 1996. Comments from the public and other BILLING CODE 3410±11±M agencies will be used in preparation of FOR FURTHER INFORMATION CONTACT: MaryAnne Gallaway, Loan Specialist, the Draft EIS. The scoping process will Multi-Family Housing Portfolio be used to: Natural Resources Conservation 1. Identify potential issues. Service Management, RHS, U.S. Department of 2. Identify major issues to be analyzed Agriculture, Stop 0782, Washington, DC in depth. West Carroll Watershed, Louisiana 20250, Telephone (202) 690–0759. 3. Eliminate minor issues or those SUPPLEMENTARY INFORMATION: which have been covered by a relevant AGENCY: Natural Resources Title: Security Servicing for Multiple previous environmental analysis, such Conservation Service. Family Housing Loans. as the Salmon Forest Plan EIS. ACTION: Notice of Deletion of Structural OMB Number: 0575–0100. 4. Identify alternatives to the Measures and Closing of the Project. Expiration Date of Approval: March proposed action. 31, 1997. 5. Identify potential effects of the Type of Request: Extension of a SUMMARY: proposed action and alternatives (i.e., Pursuant to the Watershed currently approved information direct, indirect, and cumulative effects). Protection and Flood Prevention Act, collection. 6. Determine potential cooperating Public Law 83–566, and the Natural Abstract: The rural housing loan and agencies and task assignments. Resources Conservation Service grant programs under Sections 514, 515, The Forest Service believes it is Watershed Manual (390–V–NWSM, 2nd 516, and 521 of Title V of the Housing important at this early stage to give ed. 12/92), the Natural Resources Act of 1949, as amended, provide loans reviewers notice of several court rulings Conservation Service gives notice of the and grants to eligible recipients for the related to public participation in the deletion of all remaining structural development and operation of rural environmental review process. First, measures and closing the West Carroll rental housing. These programs are reviewers of draft EIS must structure Watershed Project in West Carroll intended to meet the housing needs of their participation in the environmental Parish, Louisiana effective on August persons or families including senior review of the proposal so that it is 26, 1996. citizens, the handicapped or disabled meaningful and alerts an agency to the and domestic farm laborers, having low FOR FURTHER INFORMATION CONTACT: reviewer’s position and contentions; to moderate incomes. ‘‘Vermont Yankee Nuclear Power Corp. Donald M. Gohmert, State In order to assist its borrowers to v. NRDC,’’ 435 U.S. 519,(1978). Also, Conservationist, 3737 Government operate and maintain these properties to environmental objections that could be Street, Alexandria, Louisiana 71302; meet program objectives, improve the raised at the draft EIS stage but that are Telephone 318–473–7760. Agency’s ability to assure the continued Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48881 availability of the facilities financed 1400 Independence Ave, SW, necessary to determine the eligibility of under RHS multiple housing programs Washington, DC 20250. All responses to the applicant and the feasibility of the and protect the Government’s security this notice will be summarized and proposed housing. If not collected, the interest, RHS provides for a variety of included in the request for OMB Agency would be providing servicing actions and guidance to approval. All comments will also unauthorized federal assistance. Agency field staff in processing these become a matter of public record. Estimate of Burden: Public reporting burden for this collection of information servicing actions. Dated: September 9, 1996. RHS will be collecting information is estimated to average 5.29 hours per Maureen Kennedy, from borrowers, borrower response. representatives, Agency personnel and Administrator, Rural Housing Service. Respondents: State and local representatives from other sources of [FR Doc. 96–23704 Filed 9–16–96; 8:45 am] governments, for-profit entities, and credit. This information is needed by BILLING CODE 3410±07±U nonprofit organizations. RHS to determine under what Estimated Number of Respondents: circumstances borrowers may need and 1,800. qualify for the various servicing options Notice of Request for Extension of a Estimated Number of Responses per available and develop more flexibility in Currently Approved Information Respondent: 15.09. Agency regulations in order to provide Collection Estimated Total Annual Burden on borrowers with a wide range of Respondents: 143,735. AGENCY: The Rural Housing Service, Copies of this information collection servicing options and increase the USDA. can be obtained from Barbara Williams, opportunity for successfully meeting ACTION: Proposed collection; comments Regulations and Paperwork loan and program objectives. request. Management Division, at (202) 720– If not collected, RHS would be unable 9734. to provide the widest range of servicing SUMMARY: In accordance with the options available and thereby possibly Paperwork Reduction Act of 1995, this Comments causing borrowers to fail in meeting notice announces the Rural Housing Comments are invited on: (a) whether loan and program objectives and/or Service’s (RHS) intention to request an the proposed collection of information protect the security interest of the extension for a currently approved is necessary for the proper performance Government. information collection in support of the of the functions of RHS, including Estimate of Burden: Public reporting program for Rural Rental and Rural whether the information will have for this collection of information is Cooperative Housing Loans. practical utility; (b) the accuracy of estimated to average 1.67 hours per DATES: Comments on this notice must be RHS’s estimate of the burden of the response. received by November 18, 1996 to be proposed collection of information Respondents: Small business or assured of consideration. including the validity of the organizations. methodology and assumptions used; (c) Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: ways to enhance the quality, utility, and 945. Linda Armour, Loan Specialist, Multi- Estimated Number of Responses per Family Housing Processing Division, clarity of the information to be Respondent: 1. RHS, U.S. Department of Agriculture, collected; and (d) ways to minimize the Estimated Total Annual Burden on Room 5349—South Building, Stop 0781, burden of the collection of information Respondents: 1,587 hours. Washington, D.C. 20250, telephone on those who are to respond, including Copies of this information collection (202) 720–1608. through the use of appropriate can be obtained from Barbara Williams, SUPPLEMENTARY INFORMATION: automated, electronic, mechanical, or Regulations and Paperwork Title: Rural Rental and Rural other technological collection Management Division, at (202) 720– Cooperative Housing Loan Policies, techniques or other forms of information 9734. Procedures, and Authorizations. technology. Comments may be sent to OMB Number: 0575–0047. Barbara Williams, Regulations and Comments Expiration Date of Approval: March Paperwork Management Division, U.S. Comments are invited on: (a) whether 31, 1997. Department of Agriculture, STOP 0743, the proposed collection of information Type of Request: Extension of a 1400 Independence Avenue, SW, is necessary for the proper performance currently approved information Washington DC 20250. All responses to of the functions of RHS, including the collection this notice will be summarized and information will have practical utility; Abstract: The Rural Housing Service included in the request for OMB (b) the accuracy of RHS’s estimate of the (RHS), an agency of the U.S. Department approval. All comments will also burden of the proposed collection of of Agriculture, is authorized to make become a matter of public record. information including the validity of the loans to finance rural rental housing Dated: September 9, 1996. methodology and assumptions used; (c) (RRH) and rural cooperative housing Maureen Kennedy, ways to enhance the quality, utility and (RCH) complexes and related facilities Administrator, Rural Housing Service. clarity of the information to be under Sections 515 and 521 of Title V [FR Doc. 96–23705 Filed 9–16–96; 8:45 am] collected; and (d) ways to minimize the of the Housing Act of 1949, as amended. BILLING CODE 3410±07±U burden of the collection of information The RRH and RCH programs provide on those who are to respond, including affordable rental and cooperative through the use of appropriate housing for elderly or handicapped ASSASSINATION RECORDS REVIEW automated, electronic, mechanical, or persons and families, and other persons BOARD other technological collection and families of low or moderate income techniques or other forms of information in rural areas. Sunshine Act Meeting technology. Comments may be sent to RHS is responsible for ensuring that Barbara Williams, Regulations and these federally funded loans are made to DATE: September 27, 1996. Paperwork Management Division, U.S. eligible applicants for authorized PLACE: ARRB, 600 E Street, NW, Department of Agriculture, Stop 0743, purposes. The information collected is Washington, DC. 48882 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

STATUS: Closed. for the ACS. GSs include places such as Comments submitted in response to MATTERS TO BE CONSIDERED: student dorms, correctional facilities, this notice will be summarized and/or 1. Review and Accept Minutes of Closed hospitals, nursing homes, shelters, and included in the request for OMB Meeting military quarters. Obtaining information approval of this information collection; 2. Review of Assassination Records from the GQ will ensure that we include they also will become a matter of public 3. Other Business. the necessary people residing at the GQ record. CONTACT PERSON FOR MORE INFORMATION: in the 1997 ACS. Dated: September 11, 1996. Thomas Samoluk, Associate Director for Using the ACS–2(GQ) Facility Questionnaire, we will phone a sample Linda Engelmeier, Communications, 600 E Street, NW, Acting Departmental Forms Clearance Second Floor, Washington, DC 20530. of Group Quarters in Franklin County, OH (due to cost and operational Officer, Office of Management and Telephone: (202) 724–0088; Fax: (202) Organization. 724–0457. restrictions, Franklin County is the only test site). We will verify/update [FR Doc. 96–23725 Filed 9–16–96; 8:45 am] David G. Marwell, information such as GQ name, address, BILLING CODE 3510±07±P Executive Director. phone number, and type. We will [FR Doc. 96–23867 Filed 9–13–96; 10:02 am] collect information such as the name of International Trade Administration BILLING CODE 6118±01±P a GQ contact, current/maximum number of residents at the facility, usual length Initiation of Antidumping and of stay, and availability of facility Countervailing Duty Administrative DEPARTMENT OF COMMERCE records. This information will assist in Reviews the sampling and enumeration of Bureau of the Census individuals living in each GQ. AGENCY: Import Administration, International Trade Administration, 1997 American Community SurveyÐ II. Method of Collection Department of Commerce. Group Quarter Facility Questionnaire Telephone interviews will be ACTION: Notice of initiation of ACTION: Proposed Agency Information conducted by the Detroit regional office antidumping and countervailing duty Collection Activity; Comment Request. using a paper questionnaire. administrative reviews. III. Data SUMMARY: The Department of SUMMARY: The Department of Commerce Commerce, as part of its continuing OMB Number: Not available. (the Department) has received requests effort to reduce paperwork and Form Number: ACS–2 (GQ). to conduct administrative reviews of Type of Review: Regular Submission. respondent burden, invites the general various antidumping and countervailing public and other Federal agencies to Affected Public: Individuals, Businesses or other for-profit duty orders and findings with August take this opportunity to comment on organizations, non-profit institutions anniversary dates. In accordance with proposed and/or continuing information and small businesses or organizations. the Department’s regulations, we are collections, as required by the Estimated Number of Respondents: initiating those administrative reviews. Paperwork Reduction Act of 1995, 100 GQs in the 1997 GQ Test Site EFFECTIVE DATE: September 17, 1996. Public Law 104–13 (44 U.S.C. (Franklin County, OH). FOR FURTHER INFORMATION CONTACT: 3506(c)(2)(A)). Estimated Time Per Response: 10 Holly A. Kuga, Import Administration, DATES: Written comments must be minutes (.167 hours). International Trade Administration, submitted on or before November 18, Estimated Total Annual Burden U.S. Department of Commerce, 14th 1996. Hours: 16.7 hours. Street and Constitution Avenue, N.W., ADDRESSES: Direct all written comments Estimated Total Annual Cost: The Washington, D.C. 20230, telephone: to Linda Engelmeier, Acting group quarter facility questionnaire is (202) 482–4737. Departmental Forms Clearance Officer, part of the 1997 American Community Department of Commerce, Room 5327, Survey, the cost of which is estimated SUPPLEMENTARY INFORMATION: 14th and Constitution Avenue, NW, to be 19.4 million dollars. Background Washington, DC 20302. Respondent’s Obligation: Mandatory. Legal Authority: Title 13, U.S. Code, The Department has received timely FOR FURTHER INFORMATION CONTACT: Section 182. requests, in accordance with 19 C.F.R. Requests for additional information or 353.22(a) and 355.22(a) (1994), for copies of the information collection IV. Request for Comments administrative reviews of various instrument(s) and instructions should Comments are invited on: (a) Whether antidumping and countervailing duty be directed to Joe Fuller, Bureau of the the proposed collection of information orders and findings with August Census, Room 3757–3, Washington, DC is necessary for the proper performance anniversary dates. 20230, (301) 457–4283. of the functions of the agency, including Initiation of Reviews SUPPLEMENTARY INFORMATION whether the information shall have practical utility; (b) the accuracy of the In accordance with sections 19 CFR I. Abstract agency’s estimate of the burden 353.22(c) and 355.22(c), we are Planning is currently underway for (including hours and cost) of the initiating administrative reviews of the the 1997 American Community Survey proposed collection of information; (c) following antidumping and (ACS). Data from the ACS will ways to enhance the quality, utility, and countervailing duty orders and findings. determine the feasibility of a continuous clarity of the information to be The Department is not initiating an measurement system that provides collected; and (d) ways to minimize the administrative review of any exporters socioeconomic data on a continual basis burden of the collection of information and/or producers who were not named throughout the decade. The Census on respondents, including through the in a review request because such Bureau must provide a sample of use of automated collection techniques exporters and/or producers were not persons residing in Group Quarters or other forms of information specified as required under section (GSs) the opportunity to be interviewed technology. 353.22(a) (19 CFR 353.22(a). We intend Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48883 to issue the final results of these reviews not later than August 31, 1997.

Period to be re- Antidumping duty proceedings viewed

ARGENTINA (A±357±810): Oil Country Tubular Goods: Other Than Drill Pipe ...... 6/29/95±7/31/96 Drill Pipe ...... 8/11/95±7/31/96 Siderca S.A.I.C. BELGIUM (A±423±805): Cut-to-Length Carbon Steel Plate ...... 8/1/95±7/31/96 Fabrique de Fer de Charleroi, S.A. BRAZIL (A±351±817): Cut-to-Length Carbon Steel Plate ...... 8/1/95±7/31/96 Usinas Siderurgicas de Minas Gerais, S.A. BELGIUM (A±423±602): Industrial Phosphoric Acid ...... 8/1/95±7/31/96 Societe Chimique Prayon-Rupel CANADA (A±122±822): Corrosion Resistant Carbon Steel Flat Products ...... 8/1/95±7/31/96 Continuous Colour Coat, Ltd. Dofasco, Inc. Sorevco, Inc. Stelco, Inc. CANADA (A±122±823): Cut-to-Length Carbon Steel Plate ...... 8/1/95±7/31/96 Algoma Steel, Inc. Manitoba Rolling Mills Stelco, Inc. CANADA (A±122±814): Pure Magnesium ...... 8/1/95±7/31/96 Norsk Hydro Canada, Inc. FINLAND (A±405±802): Cut-to-Length Carbon Steel Plate ...... 8/1/95±7/31/96 Rautauruukki Oy GERMANY (A±428±820): Seamless Pipe ...... 1/27/95±7/31/96 Mannesmannrohren-Werke AG GERMANY (A±428±816): Cut-to-Length Carbon Steel Plate ...... 8/1/95±7/31/96 AG der Dillinger Huttenwerke ITALY (A±475±814): Seamless Pipe ...... 1/27/95±7/31/96 Dalmine S.p.A. ITALY (A±475±703): PTFE Resin ...... 8/1/95±7/31/96 Ausimont SpA JAPAN (A±588±835): Oil Country Tubular Goods: Other Than Drill Pipe ...... 2/2/95±7/31/96 Drill Pipe ...... 8/11/95±7/31/96 Hebras AS NKK Corporation of Japan MALAYSIA (A±557±805): Extruded Rubber Thread ...... 8/1/95±7/31/96 Heveafil Rubberflex Filati Rubfil MEXICO (A±201±802): Cement ...... 8/1/95±7/31/96 Apasco, S.A. de C.V. Cementos de Chihuahua, S.A. de C.V. MEXICO (A±201±809): Cut-to-Length Carbon Steel Plate ...... 8/1/95±7/31/96 Altos Hornos de Mexico, S.A. de C.V. MEXICO (A±201±817): Oil Country Tubular Goods: Other Than Drill Pipe ...... 6/28/95±7/31/96 Drill Pipe ...... 8/11/95±7/31/96 Hysla, S.A. de C.V. Tuberia Nacional, S.A. de C.V. Tubos de Acero de Mexico, S.A. NETHERLANDS (A±421±701): Brass Sheet and Strip ...... 8/1/95±7/31/96 Outokumpu Coper Strip B.V. NETHERLANDS (A±421±804): Cold-Rolled Steel Flat Products ...... 8/1/95±7/31/96 Hoogovens Staal BV RUSSIA (A±821±803): Titanium Sponge ...... 8/1/95±7/31/96 Avisma Titanium-Magnesium Works Berezniki Titanium-Magnesium Works Cometals, Inc. Interlink Metals & Chemicals, S.A. TMC Trading International, Ltd. SOUTH KOREA (A±580±815): Cold-Rolled Steel Flat Products ...... 8/1/95±7/31/96 Dongbu Steel Co., Ltd. Pohang Iron and Steel Co., Ltd. Union Steel Manufacturing Co., Ltd. SOUTH KOREA (A±580±816): Corrosion-Resistant Steel Flat Products ...... 8/1/95±7/31/96 Dongbu Steel Co., Ltd. Pohang Iron and Steel Co., Ltd. Union Steel Manufacturing Co., Ltd. SOUTH KOREA (A±580±825): Oil Country Tubular Goods ...... 2/2/95±7/31/96 48884 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Period to be re- Antidumping duty proceedings viewed

SeAH Steel Corporation SWEDEN (A±401±805): Cut-to-Length Carbon Steel Plate ...... 8/1/95±7/31/96 Svenskt Stal AB THE PEOPLE'S REPUBLIC OF CHINA (A±570±815): Sulfanilic Acid* ...... 8/1/95±7/31/96 China National Chemicals I/E Corp., Hebei Branch (Sinochem Hebei) China National Chemical Construction Corp., Bejing Branch China National Chemical Construction Corp., Qingdao Branch Sinochem Qingdao Sinochem Shandong Baoding No. 3 Chemical Factory Jinxing Chemical Factory Zhenxing Chemical Industry Company Mancheng Xinyu Chemical Factory, Shijiazhuang Mancheng Xinyo Chemical Factory, Bejing Hainan Garden Trading Company Yude Chemical Industry Company Shunping Lile * All other exporters of sulfanilic acid from the People's Republic of China are conditionally covered by this review.

Period to Countervailing duty proceedings be reviewed

BRAZIL (C±351±818): Cut-to-Length Carbon Steel Plate ...... 1/1/95±12/31/95 Usinas Siderurgica de Minas Gerais CANADA (C±122±404): Live Swine ...... 4/1/95±3/31/96 Mayfair Colony Genetiporc Inc. Niverille Hog and Poultry National Pig Development (Canada:) Co., Ltd. Cornelius Monden Larry & Gloria McLeod Rein Westerbaan Henry Kottelenberg Garry Van Loon Warren & Richard Stein Thames Bend Farms, Ltd. Abe Stouffer Bob Robson Ed & Nancy DeGorter Jim & Mary Field Bill Collins Ralph Henderson Clare Martin Ben & Helen Varekamp Charlie Terpstra Andreas & Michael Schertzer Peter & Kate Bancroft Jack Nethercott Allan Faris Murray Junker Bob & Scott Robinson Douglas McLeod John Boehm Dan Lester Ross & Betty Small Adrian F. Van Dyk Henry DeWolde Eric J. Davis Fred Lee John & Enid Gough Henry Van Bilson Robin & Donna Carlisle Ken & Dave Thompson Lynn Sararus John Peter Van Haren Robert M. Matheson Donald J. Dietrich George Proctor John & Carrie Rutten Kurt Keller Lars & Olav Natvik Wayne Fear Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48885

Period to Countervailing duty proceedings be reviewed

Richard Stroebel Arnold Ypma Jim Whitehouse Matt Marui Brian Vandenbroek Jack & Theo Verburg Jim F. Hunter Wayne Brubacher William Kuyvenhoven Tim & Rosa Small Joe Kolkman Ian & Marlene Archibald Larry J. Dawson Brian Simpson Adrian VanHaren Ronald Davis Rein Minnema Carl & Charlotte Mueller Henry E.M. Martin Arkell Swine Research Station Jim Long Wood Lynn Farms International Inc. John McDonnell Jim McDonnell Timmerman Farms Ltd. Tom & John Archibald Quality Swine Corporative or Ontario Jim Bloxsidge Astoria Swine Fairholme Colony Stonyhill 93 (Willow Creek Colony) Wapoka Creek 95 Ltd. Elite Swine Inc. Reiter Frams Ltd. Shamrock Breeders Group Members of the Canadian Pork Council CANADA (C±122±815): Alloy Magnesium ...... 1/1/95±12/31/95 Norsk Hydro Canada, Inc. (NHCI) CANADA (C±122±815): Pure Magnesium ...... 1/1/95±12/31/95 Norsk Hydro Canada, Inc. (NHCI) ISRAEL (C±508±605): Industrial Phosphoric Acid ...... 1/1/95±12/31/95 Rotem Amfert Negev Ltd. Haifa Chemicals Ltd. MALAYSIA (C±557±806): Extruded Rubber Thread ...... 1/1/95±12/31/95 Heveafil Sdn. Bhd. Filmax Sdn. Bhd. Rubberflex Sdn. Bhd. Filati Lastex Elastofibre Sdn. Bhd. Rubfil Sdn. Bhd. MEXICO (C±201±810): Cut-to-Length Carbon Steel Plate ...... 1/1/95±12/31/95 Altos Hornos de Mexico, S.A. de C.V. SWEDEN (C±401±804): Cut-to-Length Carbon Steel Plate ...... 1/1/95±12/31/95 SSAB Svenskt Stal AB

If requested within 30 days of the date These initiations and this notice are [A±122±085] of publication of this notice, the in accordance with section 751(a) of the Department will determine, where Tariff Act of 1930, as amended (19 Sugar and Syrups From Canada; appropriate, whether antidumping U.S.C. 1675(a)) and 19 CFR 353.22(c)(1) Initiation and Preliminary Results of duties have been absorbed by an and 355.22(c)(1). Changed Circumstances Antidumping exporter or producer subject to any of Duty Administrative Review Dated: September 13, 1996. these reviews if the subject merchandise is sold in the United States through an Joseph A. Spetrini, AGENCY: Import Administration, importer which is affiliated with such Deputy Assistant Secretary, Enforcement International Trade Administration, exporter or producer. Group III. Department of Commerce. [FR Doc. 96–23920 Filed 9–16–96; 8:45 am] Interested parties must submit ACTION: Notice of initiation and applications for disclosure under BILLING CODE 3510±DS±M preliminary results of changed administrative protective orders in circumstances antidumping duty accordance with 19 CFR 353.34(b) and administrative review. 355.34(b). 48886 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

SUMMARY: The Department of Commerce submitted a copy of the document dated compel the Department to abbreviate the has received information sufficient to June 5, 1995, which evidences this legal comment period in this case. This warrant initiation of a changed name change and which was filed with changed circumstances review is being circumstances administrative review of the Canadian Government to record the conducted to address the legally and the antidumping order on sugar and name change under the Canada factually straightforward issue of a syrups from Canada. Based on this Business Corporations Act. corporate name change. It is critical that information, we preliminarily determine Thus, in accordance with section the Department make the requested that Rogers Sugar Ltd. (Rogers) is the 751(b) of the Tariff Act, as amended (the successor-in-interest determination by successor-in-interest to The British Act), the Department is initiating a September 30, 1996. The subject Columbia Sugar Refining Company, changed circumstances review to merchandise is subject to a quota Limited (BC Sugar) for purposes of determine whether Rogers is the program. This determination is crucial determining antidumping liability. successor-in-interest to BC Sugar for for the U.S. Customs Service both in Interested parties are invited to purposes of determining antidumping determining quota and whether entries comment on these preliminary results. duty liability. In making such a of the subject merchandise by Rogers EFFECTIVE DATE: September 17, 1996. successor-in-interest determination, the Sugar Ltd. are subject to the zero Department examines several factors FOR FURTHER INFORMATION CONTACT: J. antidumping duty rate of BC Sugar. including, but not limited to, changes David Dirstine or Richard Rimlinger, Finally, because interested parties have in: (1) management; (2) production Office of AD/CVD Enforcement, Import not requested an administrative review facilities; (3) supplier relationships; and Administration, International Trade of the antidumping duty order on sugar (4) customer base. See, e.g., Brass Sheet Administration, U.S. Department of and syrups from Canada since 1987 and and Strip from Canada; Final Results of have been aware of the corporate name Commerce, 14th Street and Constitution Antidumping Duty Administrative change since at least October 1995, Avenue, N.W., Washington, D.C. 20230; Review, 57 FR 20460 (May 13, 1992) when Rogers Sugar Ltd. notified telephone (202) 482–4733. (Canadian Brass). While no one or interested parties of the name change, SUPPLEMENTARY INFORMATION: several of these factors will necessarily the abbreviated comment period will provide a dispositive indication, the Background not unduly burden interested parties in Department will generally consider the this matter. On April 9, 1980, the Department of new company to be the successor to the This initiation of review and notice Commerce (the Department) published previous company if its resulting are in accordance with section 751(b) of in the Federal Register (45 FR 24126) an operation is similar to that of its the Act, as amended (19 U.S.C. 1675(b)), antidumping duty order on sugar and predecessor. See, e.g., Industrial and 19 CRF 353.22(f)(4). syrups from Canada. On August 30, Phosphoric Acid from Israel; Final Dated: September 13, 1996. 1996, Rogers submitted a letter stating Results of Changed Circumstances Robert S. LaRussa, that Rogers is the successor-in-interest Review, 59 FR 6944 (February 14, 1994) to BC Sugar, and that Rogers Sugar Ltd. Assistant Secretary for Import and Canadian Brass. Thus, if the Administration. should receive the same antidumping evidence demonstrates that, with [FR Doc. 96–23921 Filed 9–16–96; 8:45 am] duty treatment as is accorded BC Sugar. respect to the production and sale of the BILLING CODE 3510±DS±P Scope of the Review subject merchandise, the new company operates as the same business entity as Imports covered by the review are the former company, the Department Export Trade Certificate of Review shipments of Canadian sugar and syrups will assign the new company the cash produced from sugar cane and sugar deposit rate of its predecessor. ACTION: Notice of Issuance of an Export beets. The sugar is refined into We preliminarily determine that Trade Certificate of Review, Application granulated or powdered sugar, icing, or Rogers Sugar Ltd. is the successor-in- No.96–00004. liquid sugar. Sugar and syrups are interest to BC Sugar. BC Sugar has currently classifiable under item changed its name to Rogers Sugar Ltd. SUMMARY: The Department of Commerce numbers 1701.11.0025, 1701.11.0045, and the former Executive Vice President has issued an Export Trade Certificate of and 1702.90.3000 of the Harmonized of BC Sugar is now the President and Review to The Foreign Market Search Tariff Schedule (HTS). The HTS item Chief Operating Officer of Rogers Sugar for U.S. Products and Services, Inc., numbers are provided for convenience Ltd. The company’s management doing business as FMS Exports-Imports, and U.S. Customs Service purposes. The structure is otherwise unchanged. Inc. (‘‘FMS’’). This notice summarizes written description remains dispositive. Similarly, the company’s three the conduct for which certification has production facilities are unaffected by been granted. Initiation and Preliminary Results of these changes as are supplier FOR FURTHER INFORMATION CONTACT: W. Review relationships and the company’s Dawn Busby, Director, Office of Export In a letter dated August 30, 1996, customer base. Thus, Rogers Sugar Ltd. Trading Company Affairs, International Rogers advised the Department that on should receive the same antidumping Trade Administration, 202–482–5131. June 1, 1995, the former BC Sugar duty treatment as the former BC Sugar, This is not a toll-free number. effected a legal name change to Rogers i.e., a zero percent antidumping duty SUPPLEMENTARY INFORMATION: Title III of Sugar Ltd. Rogers stated that the former cash deposit rate. the Export Trading Company Act of Executive Vice President of BC Sugar is Interested parties are invited to 1982 (15 U.S.C. 4001–21) authorizes the now the President and Chief Operating comment on these preliminary results. Secretary of Commerce to issue Export Officer of Rogers and, further, that the Any written comments may be Trade Certificates of Review. The company’s management structure is submitted no later than September 24, regulations implementing Title III are otherwise unchanged. Rogers also stated 1996. While, pursuant to 19 CFR found at 15 CFR Part 325 (l995). that the company’s three production § 353.38(c)(ii), the comment period for The Office of Export Trading facilities are unaffected by this change, such administrative reviews is normally Company Affairs (‘‘OETCA’’) is issuing as are supplier relationships and the 30 days, the circumstances surrounding this notice pursuant to 15 CFR 325.6(b), company’s customer base. Rogers this changed circumstances review which requires the Department of Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48887

Commerce to publish a summary of a agreements with Suppliers for the 2. ‘‘Supplier’’ means a person who Certificate in the Federal Register. export of Products, Services and/or produces, provides, or sells a Product Under Section 305 (a) of the Act and 15 Technology Rights in the Export and/or Service. CFR 325.11(a), any person aggrieved by Markets; 3. ‘‘Technology Rights’’ means such the Secretary’s determination may, d. Enter into exclusive and/or things as, but not limited to, patents, within 30 days of the date of this notice, nonexclusive agreements with trademarks, copyrights and trade secrets bring an action in any appropriate distributors and/or sales representatives that relate to Products and Services. district court of the United States to set in Export Markets; Protection Provided by the Certificate aside the determination on the ground e. Allocate export sales or divide This Certificate protects FMS and its that the determination is erroneous. Export Markets among Suppliers for sale employees acting on its behalf from and/or licensing of Products, Services, Description of Certified Conduct private treble damage actions and and/or Technology Rights; Export Trade government criminal and civil suits f. Allocate export orders among under U.S. federal and state antitrust 1. Products: All products. Suppliers; laws for the export conduct specified in 2. Services: All services. g. Establish the price of Products, the Certificate and carried out during its 3. Technology rights. Technology Services and/or Technology Rights for effective period in compliance with its Rights, including, but not limited to, sale and/or licensing in the Export terms and conditions. patents, trademarks, copyrights and Markets; trade secrets that relate to Products and h. Negotiate, enter into, and/or Effective Period of Certificate Services. manage licensing agreements for the This Certificate continues in effect 4. Export trade facilitation services (as export of Technology Rights; from the effective date indicated below they relate to the export of products, i. Enter into contracts for shipping; until it is relinquished, modified, or services and technology rights). Export and revoked as provided in the Act and the Trade Facilitation Services including j. Exchange information on a one-on- Regulations. professional services in the areas of one basis with individual Suppliers government relations and assistance Other Conduct regarding inventories and near-term with state and federal programs; foreign Nothing in this Certificate prohibits production schedules for the purpose of trade and business protocol; consulting; FMS from engaging in conduct not determining the availability of Products market research and analysis; collection specified in this Certificate, but such for export and coordinating export with of information on trade opportunities; conduct is subject to the normal distributors. marketing; negotiations; joint ventures; application of the antitrust laws. shipping; export management; export Terms and Conditions of Certificate Disclaimer licensing; advertising; documentation l. In engaging in Export Trade and services related to compliance with The issuance of this Certificate of Activities and Methods of Operation, customs requirements; insurance and Review to FMS by the Secretary of FMS will not intentionally disclose, financing; trade show exhibitions; Commerce with the concurrence of the directly or indirectly, to any Supplier organizational development; Attorney General under the provisions any information about any other management and labor strategies; of the Act does not constitute, explicitly Supplier’s costs, production, capacity, transfer of technology; transportation; or implicitly, an endorsement or inventories, domestic prices, domestic and facilitating the formation of opinion by the Secretary or by the sales, or U.S. business plans, strategies, shippers’ associations. Attorney General concerning either (a) or methods that is not already generally the viability or quality of the business Export Markets available to the trade or public. plans of FMS or (b) the legality of such The Export Markets include all parts 2. FMS will comply with requests business plans of FMS under the laws of the world except the United States made by the Secretary of Commerce on of the United States (other than as (the fifty states of the United States, the behalf of the Secretary of Commerce or provided in the Act) or under the laws District of Columbia, the the Attorney General for information or of any foreign country. The application Commonwealth of Puerto Rico, the documents relevant to conduct under of this Certificate to conduct in export Virgin Islands, American Samoa, Guam, the Certificate. The Secretary of trade where the United States the Commonwealth of the Northern Commerce will request such Government is the buyer or where the Mariana Islands, and the Trust Territory information or documents when either United States Government bears more of the Pacific Islands.) the Attorney General or the Secretary of than half the cost of the transaction is Commerce believes that the information subject to the limitations set forth in Export Trade Activities and Methods of or documents are required to determine Section V. (D.) of the ‘‘Guidelines for the Operation that the Export Trade, Export Trade Issuance of Export Trade Certificates of 1. To engage in Export Trade in the Activities, and Methods of Operation of Review (Second Edition)’’, 50 Fed. Reg. Export Markets, as an Export a person protected by this Certificate of 1786 (January 11, 1985). Intermediary, FMS may: Review continue to comply with the In accordance with the authority a. Provide and/or arrange for the standards of Section 303(a) of the Act. granted under the Act and Regulations, provision of Export Trade Facilitation Definitions this Certificate of Review is hereby Services; granted to FMS. b. Engage in promotional and 1. ‘‘Export Intermediary’’ means a A copy of this certificate will be kept marketing activities and collect person who acts as a distributor, sales in the International Trade information on trade opportunities in representative, sales or marketing agent, Administration’s Freedom of the Export Markets and distribute such or broker, or who performs similar Information Records Inspection Facility information to clients; functions, including providing or Room 4102, U.S. Department of c. Enter into exclusive and/or arranging for the provision of Export Commerce, 14th Street and Constitution nonexclusive licensing and/or sales Trade Facilitation Services. Avenue, N.W., Washington, D.C. 20230. 48888 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Dated: September 11, 1996. 2–6 p.m. at NOAA Building 2, Room ADDRESSES: The application and related W. Dawn Busby, 2358, 1325 East-West Highway, Silver documents are available for review Director, Office of Export Trading Company Spring, MD 20910. upon written request or by appointment Affairs. The following topics may be (see SUPPLEMENTARY INFORMATION for [FR Doc. 96–23680 Filed 9–16–96; 8:45 am] discussed: locations). BILLING CODE 3510±DR±P Written data or views, or requests for International Issues: a public hearing on this request, should (1) Background on ICCAT be submitted to the Director, Office of National Oceanic and Atmospheric (2) Information on the Advisory Protected Resources, NMFS, 1315 East- Administration Committee and Commissioners West Highway, Room 13130, Silver (3) Status of Highly Migratory Species Spring, MD 20910. Those individuals [I.D. 091096B] Managed by ICCAT requesting a hearing should set forth the ICCAT Advisory Committee; Public (4) Topics for the 1996 ICCAT Annual specific reasons why a hearing on this Meetings Meeting particular request would be appropriate. Concurrent with the publication of Domestic Issues: AGENCY: National Marine Fisheries this notice in the Federal Register, Service (NMFS), National Oceanic and (1) Upcoming Highly Migratory NMFS is forwarding copies of this Atmospheric Administration (NOAA), Species Rulemaking Actions application to the Marine Mammal Commerce. (2) Regional Concerns/Issues Commission and its Committee of ACTION: Notice of public meetings. The meetings may be lengthened or Scientific Advisors. shortened based on the progress of the SUPPLEMENTARY INFORMATION: The SUMMARY: The Advisory Committee to discussions. The first half of each subject permit is requested under the the U.S. Section to the International meeting will be dedicated to authority of the Marine Mammal Commission for the Conservation of international issues, followed by Protection Act of 1972, as amended (16 Atlantic Tunas (ICCAT) and the Highly domestic issues. Representatives from U.S.C. 1361 et seq.), the Regulations Migratory Species Management Division the U.S. ICCAT Advisory Committee Governing the Taking and Importing of of National Marine Fisheries Service and NMFS will be in attendance. For Marine Mammals (50 CFR part 216), the announces the schedule of regional each issue, there will be an opportunity Endangered Species Act of 1973, as public meetings to be held this fall. for public comment. The meeting amended (16 U.S.C. 1531 et seq.), the DATES: See SUPPLEMENTARY INFORMATION locations are physically accessible to regulations governing the taking, for specific dates and times of the people with disabilities. Requests for importing, and exporting of endangered hearings. sign language interpretation or other fish and wildlife (50 CFR part 222) and ADDRESSES: See SUPPLEMENTARY auxiliary aids should be directed to Kim the Fur Seal Act of 1966, as amended INFORMATION for locations of the Blankenbeker at (301) 713–2347 at least (16 U.S.C. 1151 et seq.). The applicant requests a permit to meetings. 5 days prior to the meeting date. salvage carcasses to be processed to FOR FURTHER INFORMATION CONTACT: Kim Dated: September 10, 1996. obtain osteological specimens (bones Blankenbeker, (301) 713-2276. Richard W. Surdi, and teeth) for the comparative collection SUPPLEMENTARY INFORMATION: The Acting Director, Office of Sustainable of animal bones in the Department of meetings are scheduled as follows: Fisheries, National Marine Fisheries Service. Antropology. Samples from the 1. Monday, September 16, 1996, 6 to [FR Doc. 96–23678 Filed 9–16–96; 8:45 am] following species will be obtained from 10 p.m.—West Palm Beach Omni Hotel, beached/ stranded animals or carcasses 1601 Belvedere Road, West Palm Beach, BILLING CODE 3510±22±F left behind by Native Alaskan FL 33406; subsistence hunters: Harbor porpoise 2. Tuesday, September 17, 1996, 6 to (Phocoena phocoena), Dall’s porpoise 10 p.m.—Quality Inn Midtown, 3900 DEPARTMENT OF THE INTERIOR (Phocoenoides dalli), Walrus (Odobenus Tulane Avenue, New Orleans, LA rosmarus), Guadelupe fur seal 70119; Fish and Wildlife Service (Arctocephalus townsendi), Northern 3. Friday, October 18, 1996, 6 to 10 [I.D. 083096A] fur seal (Callorhinus ursinus), Steller p.m.—World Trade Center, 164 sea lion (Eumetopias jubatus), Northern Avenue, Boston, MA 02210; Marine Mammals; Scientific Research California sea lion (Zalophus 4. Saturday, October 19, 1996, 7 to 10 Permit (P617) californianus), Bearded seal (Erignathus p.m.—Suffolk Community College, barbatus), Northern elephant seal Shinnecock Building, Room S–101, AGENCY: National Marine Fisheries (Mirounga angustirostris), Ribbon seal Speonk/Riverhead Road, Riverhead, NY Service (NMFS), National Oceanic and (Phoca fasciata), Ringed seal (Phoca 11901; Atmospheric Administration (NOAA), hispida), Larga (spotted) seal (Phoca 5. Monday, October 21, 1996, 6 to 10 Commerce; and Fish and Wildlife largha), Harbor seal (Phoca vitulina) and p.m.—Quality Inn Lake Wright Service (FWS), Interior. Sea otter (Enhydra lutris). Specimens Convention Center, 6280 Northampton ACTION: Receipt of application. will be salvaged from carcasses in the Boulevard, Norfolk, VA 23502; Alexander Archipelago of southeast 6. Tuesday, October 22, 1996, 6 to 10 SUMMARY: Notice is hereby given that Dr. Alaska, Nunivak Island, Alaska, the p.m.—Belmar Municipal Courtroom, Madonna L. Moss, 1218 Department of coast of Oregon, and the California 601 Main Street, Belmar, NJ 07719; and Anthropology, University of Oregon, Channel Islands. The application and 7. The annual ICCAT Advisory Eugene, OR 97403–1218, has applied in related documents may be reviewed at Committee Meeting will be held in due form for a permit to take marine the following locations: Silver Spring, MD, November 6–8, 1996. mammals for purposes of scientific Permits Division, Office of Protected There will be an additional opportunity research. Resources, NMFS, 1315 East-West for public comment on international DATES: Written comments must be Highway, Room 13130, Silver Spring, issues on Wednesday, November 6 from received on or before October 17, 1996. MD 20910 (301/713–2289); Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48889

Director, NMFS, Alaska Region, P.O. States and the Former Yugoslav U.S.C. 1854); the Memorandum of Box 21668, Juneau, AK 99802–1668 Republic of Macedonia agree to Understanding dated August 1, 1996, effected (907/586–7221); establish limits for wool textile products by exchange of notes dated August 6, 1996, Director, NMFS, Northwest Region, between the Governments of the United in Categories 433, 434, 435, 443 and States and the Former Yugoslav Republic of 7600 Sand Point Way, NE, BIN C15700, 448, produced or manufactured in the Macedonia; and in accordance with the Bldg. 1, Seattle, WA 98115–0070 (206/ Former Yugoslav Republic of provisions of Executive Order 11651 of 526–6150); and Macedonia and exported during the March 3, 1972, as amended, you are directed Director, NMFS, Southwest Region, period October 1, 1996 through to prohibit, effective on October 1, 1996, 501 West Ocean Blvd., Suite 4200, Long December 31, 2000. The terms of the entry into the United States for consumption Beach, CA 90802–4213 (310/980–4001). agreement shall be October 1, 1996 and withdrawal from warehouse for U.S. Fish and Wildlife Service, Office through December 31, 1997; January 1, consumption of wool textile products in the following categories, produced or of Management Authority, 4401 N. 1998 through December 31, 1998; manufactured in the Former Yugoslav Fairfax Drive, Room 432, Arlington, VA January 1, 1999 through December 31, Republic of Macedonia and exported during 22203 (1–800/358–2104). 1999; January 1, 2000 through December the period beginning on October 1, 1996 and Dated: September 9, 1996. 31, 2000. extending through December 31, 1997, in excess of the following levels of restraint: Ann D. Terbush, In the letter published below, the Chairman of CITA directs the Chief, Permits and Documentation Division, Category Fifteen-month limit Office of Protected Resources, National Commissioner of Customs to cancel the current limit for Category 434 and Marine Fisheries Service. 433 ...... 25,000 dozen. establish limits for Categories 433, 434, Dated: September 9, 1996. 434 ...... 12,500 dozen. 435, 443 and 448 for the first agreement 435 ...... 33,469 dozen. Margaret Tieger, period. 443 ...... 206,250 numbers. Chief, Branch of Permits, Office of These limits may be subject to 448 ...... 75,000 dozen. Management Authority, U.S. Fish and revision pursuant to the Uruguay Round Wildlife Service. Agreements Act and the Uruguay Round Textile products in the aforementioned [FR Doc. 96–23768 Filed 9–16–96; 8:45 am] Agreement on Textiles and Clothing on categories which have been exported to the BILLING CODE 3510±22±F the date that the Former Yugoslav United States prior to October 1, 1996 shall Republic of Macedonia becomes a not be subject to this directive. member of the World Trade Textile products in the aforementioned categories which have been released from the COMMITTEE FOR THE Organization. custody of the U.S. Customs Service under IMPLEMENTATION OF TEXTILE A description of the textile and the provisions of 19 U.S.C. 1448(b) or AGREEMENTS apparel categories in terms of HTS 1484(a)(1) prior to the effective date of this numbers is available in the directive shall not be denied entry under this Establishment of Import Limits for CORRELATION: Textile and Apparel directive. Certain Wool Textile Products Categories with the Harmonized Tariff Should the Former Yugoslav Republic of Produced or Manufactured in the Schedule of the United States (see Macedonia become a member of the World Former Yugoslav Republic of Federal Register notice 60 FR 65299, Trade Organization, the limits set forth above Macedonia may be subject to revision pursuant to the published on December 19, 1995). Also Uruguay Round Agreements Act and the see 61 FR 26165, published on May 24, September 11, 1996. Uruguay Round Agreement on Textiles and 1996. Clothing. AGENCY: Committee for the The letter to the Commissioner of In carrying out the above directions, the Implementation of Textile Agreements Customs and the actions taken pursuant Commissioner of Customs should construe (CITA). to it are not designed to implement all entry into the United States for consumption ACTION: Issuing a directive to the of the provisions of the MOU, but are to include entry for consumption into the Commissioner of Customs establishing designed to assist only in the Commonwealth of Puerto Rico. limits. implementation of certain of its The Committee for the Implementation of Textile Agreements has determined that provisions. EFFECTIVE DATE: October 1, 1996. these actions fall within the foreign affairs Troy H. Cribb, exception to the rulemaking provisions of 5 FOR FURTHER INFORMATION CONTACT: Chairman, Committee for the Implementation U.S.C.553(a)(1). Naomi Freeman, International Trade of Textile Agreements. Sincerely, Specialist, Office of Textiles and Troy H. Cribb, Apparel, U.S. Department of Commerce, Committee for the Implementation of Textile Agreements Chairman, Committee for the Implementation (202) 482–4212. For information on the of Textile Agreements. September 11, 1996. quota status of these limits, refer to the [Doc.96–23688 Filed 9–16–96; 8:45 am] Quota Status Reports posted on the Commissioner of Customs, BILLING CODE 3510±DR±F bulletin boards of each Customs port or Department of the Treasury, Washington, DC call (202) 927–5850. For information on 20229. embargoes and quota re-openings, call Dear Commissioner: This directive cancels Adjustment of an Import Limit for (202) 482–3715. the directive issued to you on May 21, 1996, by the Chairman, Committee for the Certain Wool Textile Products SUPPLEMENTARY INFORMATION: Implementation of Textile Agreements. That Produced or Manufactured in Ukraine directive concerns imports of wool textile Authority: Executive Order 11651 of March September 11, 1996. 3, 1972, as amended; section 204 of the prouducts in Category 434, produced or AGENCY: Agricultural Act of 1956, as amended (7 manufactured in the Former Yugoslav Committee for the U.S.C. 1854). Republic of Macedonia and exported during Implementation of Textile Agreements the twelve-month period which began on (CITA). In a Memorandum of Understanding May 26, 1996 and extends through May 25, ACTION: Issuing a directive to the (MOU) dated August 1, 1996, effected 1997. Commissioner of Customs increasing a by exchange of notes dated August 6, Under the terms of section 204 of the limit. 1996, the Governments of the United Agricultural Act of 1956, as amended (7 48890 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

EFFECTIVE DATE: September 12, 1996. only in the implementation of certain of Sincerely, its provisions. Troy H. Cribb, FOR FURTHER INFORMATION CONTACT: Naomi Freeman, International Trade Troy H. Cribb, Chairman, Committee for the Implementation of Textile Agreements. Specialist, Office of Textiles and Chairman, Committee for the Implementation [FR Doc. 96–23687 Filed 9–16–96; 8:45 am] Apparel, U.S. Department of Commerce, of Textile Agreements. BILLING CODE 3510±DR±F (202) 482–4212. For information on the Committee for the Implementation of Textile quota status of this limit, refer to the Agreements Quota Status Reports posted on the September 11, 1996. DEPARTMENT OF DEFENSE bulletin boards of each Customs port or Commissioner of Customs, call (202) 927–5850. For information on Department of the Treasury, Washington, DC Office of the Secretary embargoes and quota re-openings, call 20229. [Transmittal No. 96±69] (202) 482–3715. Dear Commissioner: This directive SUPPLEMENTARY INFORMATION: amends, but does not cancel, the directive 36(b) Notification issued to you on November 8, 1995, by the Authority: Executive Order 11651 of March Chairman, Committee for the Implementation AGENCY: Department of Defense, Defense 3, 1972, as amended; section 204 of the of Textile Agreements. That directive Security Assistance Agency. Agricultural Act of 1956, as amended (7 concerns imports of wool textile products in U.S.C. 1854). ACTION: Notice. Category 435, produced or manufactured in The current limit for Category 435 is Ukraine and exported during the twelve- SUMMARY: The Department of Defense is being increased for carryforward. month period which began on January 1, publishing the unclassified text of a 1996 and extends through December 31, section 36(b) arms sales notification. A description of the textile and 1996. This is published to fulfill the apparel categories in terms of HTS Effective on September 12, 1996, you are requirements of section 155 of P.L. 104– numbers is available in the directed to increase the current limit for 164 dated 21 July 1996. CORRELATION: Textile and Apparel Category 435 to 91,001 dozen 1, as provided FOR FURTHER INFORMATION CONTACT: Mr. Categories with the Harmonized Tariff for under the provisions of the Memorandum A. Urban, DSAA/COMPT/FPD, (703) Schedule of the United States (see of Understanding dated May 6, 1995, 605–6575. Federal Register notice 60 FR 65299, between the Governments of the United The following is a copy of the letter States and Ukraine. published on December 19, 1995). Also to the Speaker of the House of The Committee for the Implementation of see 60 FR 57405, published on Representatives, Transmittal 96–69, Textile Agreements has determined that this November 15, 1995. with attached transmittal, policy action falls within the foreign affairs justification and sensitivity of The letter to the Commissioner of exception of the rulemaking provisions of 5 Customs and the actions taken pursuant U.S.C. 553(a)(1). technology pages. to it are not designed to implement all Dated: September 12, 1996. of the provisions of the bilateral L.M. Bynum, agreement, but are designed to assist Alternate OSD Federal Register Liaison Officer, Department of Defense. 1 The limit has not been adjusted to account for any imports exported after December 31, 1995. BILLING CODE 5000±04±M Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48891 48892 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48893 48894 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

[FR Doc. 96–23745 Filed 9–16–96; 8:45 am] BILLING CODE 5000±04±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48895

[Transmittal No. 96±68] section 36(b) arms sales notification. Representatives, Transmittal 96–68, This is published to fulfill the with attached transmittal and policy 36(b) Notification requirements of section 155 of P.L. 104– justification pages. 164 dated 21 July 1996. AGENCY: Department of Defense, Defense Dated: September 12, 1996. Security Assistance Agency. FOR FURTHER INFORMATION CONTACT: Mr. A. Urban, DSAA/COMPT/FPD, L.M. Bynum, ACTION: Notice. (703) 604–6575. Alternate OSD Federal Register Liaison SUMMARY: The Department of Defense is The following is a copy of the letter Officer, Department of Defense. publishing the unclassified text of a to the Speaker of the House of BILLING CODE 5000±04±M 48896 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48897 48898 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

[FR Doc. 96–23746 Filed 9–16–96; 8:45 am] BILLING CODE 5000±04±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48899

[Transmittal No. 96±67] section 36(b) arms sales notification. Representatives, Transmittal 96–67, This is published to fulfill the with attached transmittal and policy 36(b) Notification requirements of section 155 of P.L. 104– justification pages. 164 dated 21 July 1996. AGENCY: Department of Defense, Defense Dated: September 12, 1996. FOR FURTHER INFORMATION CONTACT: Mr. Security Assistance Agency. L.M. Bynum, ACTION: Notice. A. Urban, DSAA/COMPT/FPD, (703) 604–6575. Alternate OSD Federal Register Liaison SUMMARY: The Department of Defense is The following is a copy of the letter Officer, Department of Defense. publishing the unclassified text of a to the Speaker of the House of BILLING CODE 5000±04±M 48900 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48901 48902 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

[FR Doc. 96–23747 Filed 9–16–96; 8:45 am] BILLING CODE 5000±04±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48903

[Transmittal No. 96±66] section 36(b) arms sales notification. Representatives, Transmittal 96–66, This is published to fulfill the with attached transmittal and policy 36(b) Notification requirements of section 155 of P.L. 104– justification pages. AGENCY: Department of Defense, Defense 164 dated 21 July 1996. Dated: September 12, 1996. FOR FURTHER INFORMATION CONTACT: Security Assistance Agency. Mr. L.M. Bynum, ACTION: Notice. A. Urban, DSAA/COMPT/FPD, (703) 604–6575. Alternate OSD Federal Register Liaison Officer, Department of Defense. SUMMARY: The Department of Defense is The following is a copy of the letter publishing the unclassified text of a to the Speaker of the House of BILLING CODE 5000±04±M 48904 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48905 48906 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

[FR Doc. 96–23748 Filed 9–16–96; 8:45 am] BILLING CODE 5000±04±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48907

[Transmittal No. 96±62] section 36(b) arms sales notification. Representatives, Transmittal 96–62, This is published to fulfill the with attached transmittal and policy 36(b) Notification requirements of section 155 of P.L. 104– justification pages. AGENCY: Department of Defense, Defense 164 dated 21 July 1996. Dated: September 12, 1996. Security Assistance Agency. FOR FURTHER INFORMATION CONTACT: Mr. L.M. Bynum, ACTION: Notice. A. Urban, DSAA/COMPT/FPD, (703) 604–6575. Alternate OSD Federal Register Liaison SUMMARY: The Department of Defense is The following is a copy of the letter Officer, Department of Defense. publishing the unclassified text of a to the Speaker of the House of BILLING CODE 5000±04±M 48908 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48909 48910 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

[FR Doc. 96–23749 Filed 9–16–96; 8:45 am] BILLING CODE 5000±04±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48911

[Transmittal No. 96±61] section 36(b) arms sales notification. Representatives, Transmittal 96–61, This is published to fulfill the with attached transmittal and policy 36(b) Notification requirements of section 155 of P.L. 104– justification pages. AGENCY: Department of Defense, Defense 164 dated 21 July 1996. Dated: September 12, 1996. FOR FURTHER INFORMATION CONTACT: Security Assistance Agency. L.M. Bynum, ACTION: Notice. Mr. A. Urban DSAA/COMPT/FPD, (703) 604–6575. Alternate OSD Federal Register Liaison Officer, Department of Defense. SUMMARY: The Department of Defense is The following is a copy of the letter publishing the unclassified text of a to the Speaker of the House of BILLING CODE 5000±04±M 48912 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48913 48914 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

[FR Doc. 96–23750 Filed 9–16–96; 8:45 am] BILLING CODE 5000±04±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48915

[Transmittal No. 96±60] section 36(b) arms sales notification. The following is a copy of the letter This is published to fulfill the to the Speaker of the House of 36(b) Notification requirements of section 155 of P.L. 104– Representatives, Transmittal 96–60, AGENCY: Department of Defense, Defense 164 dated 21 July 1996. with attached transmittal and policy Security Assistance Agency. justification pages. FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Notice. A. Urban, DSAA/COMPT/FPD, (703) Dated: September 12, 1996. SUMMARY: The Department of Defense is 604–6575. BILLING CODE 5000±04±M publishing the unclassified text of a 48916 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48917 48918 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

[FR Doc. 96–23751 Filed 9–16–96; 8:45 am] BILLING CODE 5000±04±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48919

Meeting of the DOD Advisory Group on ACTION: NOTICE. DATES: The meeting will be held at Electron Devices 0900, Wednesday, 25 September 1996. SUMMARY: Working Group A (Microwave ADDRESSES: The meeting will be held at AGENCY: Department of Defense, Devices) of the DoD Advisory Group on Palisades Institute for Research Advisory Group on Electron Devices. Electron Devices (AGED) announces a closed session meeting. Services, 1745 Jefferson Davis Highway, ACTION: Notice. Suite 500, Arlington, VA 22202. DATES: The meeting will be held at SUMMARY: Working Group B 0900, Tuesday, 1 October 1996. FOR FURTHER INFORMATION CONTACT: Mr. Eliot Cohen, AGED Secretariat, 1745 (Microelectronics) of the DoD Advisory ADDRESSES: The meeting will be held at Jefferson Davis Highway, Crystal Square Group on Electron Devices (AGED) Palisades Institute for Research Four, Suite 500, Arlington, Virginia announces a closed session meeting. Services, 1745 Jefferson Davis Highway, 22202. DATES: The meeting will be held at, Suite 500, Arlington, VA 22202. SUPPLEMENTARY INFORMATION: 12:00 p.m., Thursday 26 September and FOR FURTHER INFORMATION CONTACT: The 9:00 Friday, 27 September 1996. Walter Gelnovatch, AGED Secretariat, mission of the Advisory Group is to ADDRESSES: The meeting will be held at 1745 Jefferson Davis Highway, Crystal provide advice to the Under Secretary of Wright Laboratory, Building 620 AAO Square Four, Suite 500, Arlington, Defense for Acquisition and Conference Room, Wright-Patterson Virginia 22202. Technology, to the Director of Defense Research and Engineering (DDR&E), and AFB, OH. SUPPLEMENTARY INFORMATION: The through the DDR&E to the Director, FOR FURTHER INFORMATION CONTACT: mission of the Advisory Group is to Advanced Research Projects Agency and Walter Gelnovatch, AGED Secretariat, provide advice to the Under Secretary of the Military Departments in planning 1745 Jefferson Davis Highway, Crystal Defense for Acquisition and and managing an effective and Square Four, Suite 500, Arlington, Technology, to the Director of Defense economical research and development Virginia 22202. Research and Engineering (DDR&E), and through the DDR&E to the Director, program in the area of electron devices. SUPPLEMENTARY INFORMATION: The The AGED meeting will be limited to mission of the Advisory Group is to Advanced Research Projects Agency (ARPA) and the Military Departments in review of research and development provide advice to the Under Secretary of programs which the Military Defense for Acquisition and planning and managing an effective and economical research and development Departments propose to initiate with Technology, to the Director Defense industry, universities or in their Research and Engineering (DDR&E), and program in the area of electron devices. The Working Group A meeting will be laboratories. The agenda for this through the DDR&E, to the Director meeting will include programs on Advanced Research Projects Agency and limited to review of research and development programs which the Radiation Hardened Devices, the Military Departments in planning Microwave Tubes, Displays and Lasers. and managing an effective research and Military Departments propose to initiate with industry, universities or in their The review will include details of development program in the field of laboratories. This microwave device classified defense programs throughout. electron devices area includes programs on In accordance with Section 10(d) of The Working Group B meeting will be developments and research related to Pub. L. No. 92–463, as amended, (5 limited to review of research and microwave tubes, solid state microwave U.S.C. App. § 10(d) 1994)), it has been development programs which the devices, electronic warfare devices, determined that this Advisory Group military proposes to initiate with millimeter wave devices, and passive meeting concerns matters listed in 5 industry, universities or in their devices. The review will include details U.S.C. § 552b(c)(1) (1994), and that laboratories. The microelectronics area of classified defense programs accordingly, this meeting will be closed includes such programs on throughout. to the public. semiconductor materials, integrated In accordance with Section 10(d) of Dated: September 10, 1996. circuits, charge coupled devices and Pub. L. No. 92–463, as amended, (5 memories. The review will include L.M. Bynum, U.S.C. App. § 10(d) (1994)), it has been Alternate, OSD Federal Register Liaison classified groups program details determined that this Advisory Group throughout. Officer, Department of Defense. meeting concerns matters listed in 5 [FR Doc. 96–23741 Filed 9–16–96; 8:45 am] In accordance with Section 10(d) of U.S.C. § 552b(c)(1) (1994), and that BILLING CODE 5000±04±M Pub. L. 92–463, as amended, (5 U.S.C. accordingly, this meeting will be closed App. § 10(d) (1994)), it has been to the public. determined that this Advisory Group meeting concerns matters listed in 5 Dated: September 10, 1996. Defense Science Board Task Force on U.S.C. § 552b(c)(1) (1994), and that L.M. Bynum, Joint Technology Issues Alternate OSD Federal Register Liaison accordingly, this meeting will be closed ACTION: Notice of Advisory Committee Officer, Department of Defense. to the public. Meetings. [FR Doc. 96–23740 Filed 9–16–96; 8:45 am] Dated: September 10, 1996. BILLING CODE 5000±04±M L.M. Bynum, SUMMARY: The Defense Science Board Task Force on Joint Technology Issues Alternate OSD Federal Register Liaison Officer, Department of Defense. will meet in closed session on Meeting of the DOD Advisory Group on September 19, 1996 at the Pentagon, [FR Doc. 96–23739 Filed 9–16–96; 8:45 am] Electron Devices Arlington, Virginia. In order for the Task BILLING CODE 5000±04±M AGENCY: Department of Defense, Force to obtain time sensitive classified Advisory Group on Electron Devices. briefings, critical to the understanding Meeting of the DOD Advisory Group on ACTION: Notice. of the issues, this meeting is scheduled Electron Devices on short notice. SUMMARY: The DoD Advisory Group on The mission of the Defense Science AGENCY: Department of Defense, Electron Devices (AGED) announces a Board is to advise the Secretary of Advisory Group on Electron Devices. closed session meeting. Defense through the Under Secretary of 48920 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Defense for Acquisition and Technology concern matters listed in 5 U.S.C. environmental assessment is planned on scientific and technical matters as § 552b(c)(1) (1994), and that accordingly for property disposal at Senena Army they affect the perceived needs of the these meetings will be closed to the Depot, New York. We have reassessed Department of Defense. At this meeting public. our initial determination and now plan the Task Force will work with the JCS Dated: September 12, 1996. to analyze property disposal at this site Chairman and Vice Chairman in support L.M. Bynum, in an environmental impact statement. of the Expanded JROC activities. The On page 49264 in column one, JRO has sponsored assessments of U.S. Alternate OSD Federal Register Liaison paragraph c(24) indicates that an Officer, Department of Defense. capabilities to conduct various kinds of environmental assessment is planned military operations. These Joint [FR Doc. 96–23743 Filed 9–16–96; 8:45 am] for property disposal at Sudbury Warfighting Capability Assessments BILLING CODE 5000±04±M Training Annex, Massachusetts. The (JWCA) are key to determining the property has since been identified for transfer to other federal agencies. The Chairman’s position concerning plans Department of the Army and programs. The Task Force should transfer of real property administrative review the JWCA process and Notice of Intent To Prepare control to other federal agencies is recommend ways in which the process Environmental Impact Analyses for covered by a Department of Army might be improved. Defense Base Realignment and categorical exclusion which will be In accordance with Section 10(d) of Disposal Actions Resulting From the analyzed within a Record of the Federal Advisory Committee Act, 1995 Commission's Recommendations Consideration. P.L. No. 92–463, as amended (5 U.S.C. On page 49264 in column one, App. II, (1994)), it has been determined AGENCY: Department of Defense, United paragraph d(2) indicates that an that this DSB Task Force meeting States Army. environmental impact statement is concerns matters listed in 5 U.S.C. ACTION: Correction notice. planned for property disposal at Defense § 552b(c)(1) (1994), and that accordingly Distribution Depot, Memphis, this meeting will be closed to the SUMMARY: In previous Federal Register Tennessee. We have reassessed our public. notice (60 FR 49263–49264) of initial determination and now plan to September 22, 1995, the following Dated: September 12, 1996. analyze property disposal at this site in corrections should be made: an environmental assessment. L.M. Bynum, On page 49263 in column three, FOR FURTHER INFORMATION CONTACT: Alternate OSD Federal Register Liaison paragraph a(2) indicates that an For Officer, Department of Defense. environmental assessment is planned further information regarding these [FR Doc. 96–23742 Filed 9–16–96; 8:45 am] for Detroit Arsenal, Michigan, for environmental impact analyses, please contact the Public Affairs Office at the BILLING CODE 5000±04±M receiving automotive materiel management functions from Aviation- affected installations or the appropriate Troop Command, St. Louis, Missouri, to higher headquarters as indicated below: Defense Science Board Task Force on align with Tank-Automotive and INSTALLATION—(AREA CODE) Image-Based Automatic Target Armaments Command. This relocation COMMERCIAL # Recognition is below the threshold requiring an Big Coppitt Key, FL—(404) 669–5607/ environmental assessment and is 5686 ACTION: Notice of Advisory Committee Defense Distribution Ctr., Memphis, Meetings. covered by a Department of Army categorical exclusion which will be TN—(901) 775–6372 Detroit Arsenal, MI—(810) 574–6584 SUMMARY: The Defense Science Board analyzed within a Record of Task Force on Image-Based Automatic Fort Bliss, TX—(404) 669–5607/5686 Consideration. Seneca Army Depot, NY—(607) 869– Target Recognition will meet in closed On page 49263 in column three, 1235 session on October 16–17 at Science paragraph a(4) indicates that an Sudbury Training Annex, MA—(404) Applications International, McLean, environmental assessment is planned 669–5607/5686 Virginia; and on November 6–7, 1996 at for Fort Bliss, Texas, for receiving U.S. the Pentagon, Arlington, Virginia. Army Test and Experimentation Center Raymond J. Fatz, The mission of the Defense Science missions and functions from Fort Deputy Assistant Secretary of the Army Board is to advise the Secretary of Hunter Liggett, California. Department (Environment, Safety and Occupational Health) OASA (I, L&E). Defense through the Under Secretary of of the Army approved a plan on July 31, Defense for Acquisition and Technology 1996, to inactivate the U.S. Army Test [FR Doc. 96–23690 Filed 9–16–96; 8:45 am] on scientific and technical matters as and Experimentation Center in place. BILLING CODE 3710±08±M they affect the perceived needs of the Therefore, the environmental analysis Department of Defense. At these on its relocation is canceled. Notice of Availability of the Final meetings the Task Force will assess the On page 49264 in column one, Supplemental Environmental Impact ability of automatic/aided target paragraph c(2) indicates that an Statement for the Disposal and Reuse recognition technology and systems to environmental assessment is planned of Fort Ord, California support important military missions, for property disposal at Big Coppitt Key, principally in the near- and mid-term. Florida. The property has since been AGENCY: Department of the Army, DoD. The Task Force should concentrate on identified for transfer to the Department ACTION: Notice of availability. those technologies and systems that use of the Navy. The transfer of real imagery (EO, IR or radar) as their property administrative control to SUMMARY: In compliance with the primary input medium. another military department is covered National Environmental Policy Act and In accordance with Section 10(d) of by a Department of Army categorical the President’s Council on the Federal Advisory Committee Act, exclusion which will be analyzed Environmental Quality, the Army has P.L. No. 92–463, as amended (5 U.S.C. within a Record of Consideration. prepared a Final Supplemental App. II, (1994)), it has been determined On page 49264 in column one, Environmental Impact Statement that these DSB Task Force meetings paragraph c(22) indicates that an (FSEIS) for disposal of certain excess Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48921 property at Fort Ord, California. The collection requests. OMB may amend or the nation. LCS descriptive data will be FSEIS also analyzes impacts on a range waive the requirement for public aggregated and published at the national of potential reuse alternatives. consultation to the extent that public and state levels. Descriptive data will Copies of the FSEIS have been participation in the approval process also be accessible in electronic files by forwarded to various federal, state and would defeat the purpose of the each library cooperative organization local agencies, and predetermined information collection, violate State or and by state. interested organizations and Federal law, or substantially interfere Office of Educational Research and individuals. with any agency’s ability to perform its Improvement DATES: This FSEIS will be available to statutory obligations. The Acting the public for 30 days, after which the Director of the Information Resources Type of Review: Revision. Army will prepare a Record of Decision Group publishes this notice containing Title: Assessment of the Role of for the Army action. proposed information collection School and Public Libraries in Support ADDRESSES: Copies of the Final requests prior to submission of these of the National Educational Goals. Supplemental Environmental Impact requests to OMB. Each proposed Frequency: One Time. Statement can be obtained by writing or information collection, grouped by Affected Public: Not-for-profit calling Mr. Bob Verkade, Sacramento office, contains the following: (1) Type institutions; State, local or Tribal Gov’t, District, U.S. Army Corps of Engineers, of review requested, e.g., new, revision, SEAs or LEAs. 1325 J Street, Sacramento, California extension, existing or reinstatement; (2) Reporting Burden and Recordkeeping: 95814–2922, telephone (916) 557–7423, Title; (3) Summary of the collection; (4) Responses: 3,100. fax (916) 557–5307. Description of the need for, and Burden Hours: 2,583. Raymond J. Fatz, proposed use of, the information; (5) Abstract: The library and education communities need to know more about Deputy Assistant Secretary of the Army Respondents and frequency of (Environment, Safety and Occupational collection; and (6) Reporting and/or the role of libraries in supporting Health) OASA (I,L&E). Recordkeeping burden. OMB invites education in order to plan for and direct [FR Doc. 96–23691 Filed 9–16–96; 8:45 am] public comment at the address specified resources. The respondents are above. Copies of the requests are librarians in public libraries and public BILLING CODE 3710±08±M available from Patrick J. Sherrill at the and private schools. address specified above. [FR Doc. 96–23722 Filed 9–16–96; 8:45 am] The Department of Education is DEPARTMENT OF EDUCATION BILLING CODE 4000±01±P especially interested in public comment Notice of Proposed Information addressing the following issues: (1) Is Collection Requests this collection necessary to the proper functions of the Department, (2) will DEPARTMENT OF ENERGY AGENCY: Department of Education. this information be processed and used Record of Decision for the Medical ACTION: Proposed collection; comment in a timely manner, (3) is the estimate Isotopes Production Project: request. of burden accurate, (4) how might the Molybdenum-99 and Related Isotopes Department enhance the quality, utility, SUMMARY: The Acting Director, and clarity of the information to be AGENCY: Department of Energy. Information Resources Group, invites collected, and (5) how might the ACTION: Record of decision. comments on the proposed information Department minimize the burden of this collection requests as required by the collection on the respondents, including SUMMARY: The Department of Energy Paperwork Reduction Act of 1995. through the use of information (DOE) is issuing this Record of Decision DATES: Interested persons are invited to technology. regarding DOE’s proposal to establish a submit comments on or before Dated: September 11, 1996. production capability for molybdenum- November 18, 1996. Kent H. Hannaman, 99 (Mo-99) and related medical ADDRESSES: Written comments and isotopes. DOE has decided to proceed requests for copies of the proposed Acting Director, Information Resources Group. with the proposed action using the information collection requests should preferred alternative identified in the be addressed to Patrick J. Sherrill, Office of Educational Research and Medical Isotopes Production Project: Department of Education, 600 Improvement Molybdenum-99 and Related Isotopes Independence Avenue, S.W., Room Type of Review: New. Environmental Impact Statement (DOE/ 5624, Regional Office Building 3, Title: The Library Cooperatives EIS–0249F). The selected facilities are Washington, DC 20202–4651. Survey (LCS). located at Sandia National Laboratories FOR FURTHER INFORMATION CONTACT: Frequency: Pretest and One Universe in Albuquerque, New Mexico (SNL/ Patrick J. Sherrill (202) 708–8196. survey. NM), and Los Alamos National Individuals who use a Affected Public: Not-for-profit Laboratory (LANL) in Los Alamos, New telecommunications device for the deaf institutions; Federal Government; State, Mexico. (TDD) may call the Federal Information local or Tribal Gov’t, SEAs or LEAs. FOR FURTHER INFORMATION CONTACT: Relay Service (FIRS) at 1–800–877–8339 Reporting Burden and Recordkeeping: Further information on the between 8 a.m. and 8 p.m., Eastern time, Responses: 1,201. environmental impact statement (EIS) Monday through Friday. Burden Hours: 400. can be obtained by contacting: Mr. SUPPLEMENTARY INFORMATION: Section Abstract: This survey will be used to Wade P. Carroll, MIPP EIS Document 3506 of the Paperwork Reduction Act of request information from library Manager, Office of Nuclear Energy, 1995 (44 U. S. C. Chapter 35) requires cooperatives. The LCS survey data will Science and Technology, NE–70, U.S. that the Office of Management and be used along with the Public Libraries Department of Energy, 19901 Budget (OMB) provide interested Survey (PLS) and the State Libraries Germantown Road, Germantown, MD Federal agencies and the public an early Agency Survey (STLA) to obtain a more 20874, Telephone: (301) 903–7731; opportunity to comment on information complete picture of library services in facsimile: (301) 903–5434. 48922 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

General information on the DOE national laboratories. In 1990, Congress sources were able temporarily to National Environmental Policy Act established the Isotope Production and increase their production enough to (NEPA) process can be obtained by Distribution Program (IPDP), combining cover the European demand normally contacting: Ms. Carol M. Borgstrom, under one program all DOE isotope supplied by Nordion, and Nordion had Director, Office of NEPA Policy and production activities. sufficient product in process to meet the Assistance, EH–42, U.S. Department of Among other activities, IPDP has U.S. demand during this brief period. Energy, 1000 Independence Avenue, responsibility for ensuring a stable However, shortages would have begun S.W., Washington, D.C. 20585, supply of Mo-99 to the U.S. medical in the United States had the Canadian Telephone: (202) 586–4600, or leave community. Mo-99 is a radioactive reactor remained out of service for only message at (800) 472–2756. isotope of molybdenum that results one or two more days. For general information on the DOE from the fission of uranium atoms or Nordion has announced its intention isotope production program, please from the irradiation of stable isotopes of to build two modern ten-megawatt contact: Mr. Owen W. Lowe, Associate molybdenum, such as Mo-98. reactors to replace the NRU reactor. Director for Isotope Production and Technetium-99m (Tc-99m) is a decay However, the earliest that one of the Distribution, NE–70, U.S. Department of product of Mo-99. Approximately new plants could be producing Mo-99 is Energy, 19901 Germantown Road, 38,000 diagnostic procedures involving mid-1999. Thus, a window of Germantown, MD 20874, Telephone: radioactive isotopes are performed each vulnerability for the U.S. medical (301) 903–5161. day in the United States. Most of these community exists until a reliable SUPPLEMENTARY INFORMATION: DOE has procedures use Tc-99m. Diagnoses using backup source of Mo-99 is available. In prepared this Record of Decision Tc-99m make it possible to define addition, AECL has committed to the pursuant to the Council on internal conditions of the body that Canadian nuclear regulatory authority, Environmental Quality (CEQ) often cannot be determined through any the Atomic Energy Control Board, to Regulations for implementing the other means except invasive surgery. shut down the NRU reactor in the year procedural provisions of NEPA (40 CFR The short life of Tc-99m minimizes the 2000. This action would extend the Parts 1500–1508) and DOE regulations radiation dose received by the patient. dependence of the United States on a implementing NEPA (10 CFR Part 1021). Because these isotopes are highly single source of supply if only one new This Record of Decision is based on the perishable with short lifetimes (the half- Canadian reactor were available at that final EIS, Medical Isotopes Production lives of Mo-99 and Tc-99m are 66 hours time and would create immediate Project: Molybdenum-99 and Related and 6 hours, respectively), the need to shortages if no new reactors were ready Isotopes Environmental Impact ensure a stable, continuous supply for to operate at that time. Statement (DOE/EIS–0249F). The Notice medical use is critical. The U.S. medical As a general policy, DOE would favor of Availability of this final EIS was community accounts for about 60 medical isotope production by the published in the Federal Register on percent of the worldwide demand for private sector. However, because the May 3, 1996 (61 FR 19931). Several Mo-99/Tc-99m, yet there is no current medical radioisotope market is comment letters, discussed in the domestic production source for these influenced by forces other than Comments on the Final EIS section of isotopes. traditional market forces (e.g., support this document, were received after the Prior to 1989, Mo-99 was produced in from national governments), full-cost final EIS was published. These the United States by a single supplier, recovery of investment is often not comments were taken into consideration Cintichem, Inc. Cintichem produced possible. In addition to these in preparing this Record of Decision. Mo-99 by irradiating uranium deposited considerations, the uncertainties and DOE initially prepared, and released on the inside of stainless steel tubes, liabilities of constructing and operating for public comment, a draft called targets, in a reactor and then a nuclear reactor have prevented and environmental assessment (EA) dated chemically separating the Mo-99 from will likely continue to prevent private February 7, 1995, on the proposed the targets and purifying it. In 1989, companies from providing a U.S. action of producing medical isotopes Cintichem discontinued operation of its domestic source of Mo-99 in the near using the Annular Core Research production reactor. Since then, the term. In the 1992 hearings on the Reactor (ACRR) and the adjacent Hot United States has relied on production condition of the IPDP before the House Cell Facility at SNL/NM for target reactors in Canada for its supply of Mo- Environment, Energy, and Natural irradiation and isotope extraction, and 99. Resources Subcommittee of the the Chemistry and Metallurgy Research Until 1993, two Canadian reactors, Committee on Government Operations, Facility at LANL in New Mexico for operated by Atomic Energy of Canada testimony addressed the danger of U.S. target fabrication. The public review Limited (AECL) at the Chalk River site dependence upon a single foreign and comment period for the draft EA (located about 100 miles from Ottawa, source for its supply of the critical Mo- ended on May 1, 1995. Based on the Canada), were available to produce Mo- 99 radioisotope and reaffirmed the need draft EA and comments received, DOE 99 through the irradiation of targets. for DOE to become a Mo-99 supplier. decided to prepare an EIS. The Notice AECL extracted the Mo-99 from the Congress provided $7.6 million for this of Intent to prepare the EIS was targets and provided it to Nordion effort for fiscal year 1995, and $12 published in the Federal Register on International. Nordion then purified the million for fiscal year 1996. In its report July 6, 1995 (60 FR 35191). The draft Mo-99 and shipped it to (S. Rep. No. 103–291) accompanying the EIS was published in December 1995, radiopharmaceutical manufacturers. In Energy and Water Development and the Notice of Availability of the 1993, one of the Canadian reactors was Appropriations Act, 1995, the Senate draft EIS was published in the Federal permanently shut down leaving only Committee on Appropriations noted Register on December 22, 1995 (60 FR one operating reactor, the National ‘‘that DOE is taking steps to * ** 66542). Research Universal (NRU) reactor. A produce molybdenum-99 and related shutdown of this single remaining medical isotopes to ensure that there are Background reactor would jeopardize the U.S. no inadequacies of supply for domestic For more than 40 years, DOE and its supply of Mo-99. In April 1995, this use. The committee supports this effort predecessor agencies have produced reactor suffered an unplanned and wishes to be kept informed as DOE and distributed isotopes through DOE’s shutdown for four days. European progresses.’’ Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48923

Production Processes experienced an unplanned shutdown. In the mid 1980s, Nordion and AECL Mo-99 can be produced by different While the reactor was shut down, a leak began the planning and construction of processes. However, only two processes in the primary cooling system was a new isotope production and research have been approved by the U.S. Food identified, and the reactor was not reactor, Maple X, to replace the NRU and Drug Administration (FDA) for Mo- restarted. reactor. However, AECL decided to halt The search for an alternate facility to construction of the Maple X reactor in 99 sold in the United States: the produce Mo-99 led to the identification 1993 for economic reasons. Nordion’s proprietary process used by Nordion of ACRR at SNL/NM as a suitable parent company, MDS Health Group and the Cintichem process. DOE owns candidate for Mo-99 production. Within Ltd. of Canada, subsequently filed a the rights to the Cintichem process. DOE, ACRR and its associated Hot Cell breach of contract lawsuit against AECL, Both processes produce Mo-99 in a Facility are managed by the Office of and the two sides agreed to arbitration reactor. The Nordion process results in Defense Programs to provide for defense hearings to resolve the dispute. The substantial quantities of liquid research needs. Defense-related dispute has been resolved and Nordion radioactive waste; the Cintichem experiments conducted in ACRR were apparently now plans to contract with process produces largely solid completed in 1995. As mentioned AECL for the construction and operation radioactive waste that is much easier to previously, DOE issued a draft EA for of two new reactors (Maple I, a manage and dispose of. public comment on the proposed action continuation of the Maple X project, and In November 1991, DOE purchased of producing medical isotopes using Maple II) dedicated to isotope the Cintichem technology, equipment, ACRR and its associated Hot Cell production, and a radiochemical and the FDA Drug Master Files for the Facility at SNL/NM and the Chemistry separation facility. These facilities production of Mo-99, iodine-125 (I-125), and Metallurgy Research Facility at would use a Mo-99 production and iodine-131 (I-131), and xenon-133 (Xe- LANL. Based on the draft EA and separation process similar to the 133) for $750,000 plus an agreement to comments received, DOE decided to Cintichem process to reduce the pay Cintichem a four percent royalty on prepare an EIS. amounts of radioactive waste generated. the first five years of sales of Mo-99 and Mo-99 Market Nordion recently announced that it will the other isotopes produced by DOE restart project planning and design using the Cintichem technology. In The current U.S. demand for Mo-99 is activities for the two reactors and the addition, DOE agreed to accept the about 3,000 6-day curies per week. A 6- radiochemical separation facility. The spent nuclear fuel from the Cintichem day curie is defined as the amount of sale in the United States of Mo-99 reactor for disposal. product, measured in curies, remaining produced at the Maple reactor complex Related Isotopes 6 days after the product arrives on the cannot begin until at least one reactor radiopharmaceutical manufacturer’s and the radiochemical separation The proposed action analyzed in the dock. The radiopharmaceutical facility are completed and licensed. In EIS is the production of Mo-99 and manufacturers also require that specific addition, FDA must approve the related isotopes. While the focus of the activity of the product be at least 250 product before Nordion can supply it to proposed project is the production of curies of activity per gram of aqueous U.S. pharmaceutical companies. Mo-99, related isotopes, I-125, I-131, molybdenum solution at delivery. Nordion currently plans to build two and Xe-133, could be produced at any The current supply of Mo-99 from reactors. However, if only one reactor is of the alternative production sites to Canada would be interrupted if the NRU built, the situation of dependence on a offset the costs of Mo-99 production. reactor experiences a shutdown of sole source of supply would remain Isotopes I-125 and I-131 are used in the approximately five days or longer for unchanged for nuclear medicine treatment of thyroid conditions such as any reason. The NRU reactor must physicians in the United States as well Graves’ disease. Xe-133 is used in the operate continuously for 12 or 13 days as the related vulnerability to an diagnosis of lung maladies. As noted of each 15-day operating period in order interruption of supply. Nordion and above, DOE purchased the rights to to maintain a continuous supply of Mo- AECL estimate that the time required to produce each of these isotopes using 99. Down time of 2 to 3 days every 15 complete the necessary environmental Cintichem’s technology along with the days is normally required for and construction permitting process, to right to produce Mo-99. Each of these maintenance, repairs, and target construct and commission one of the isotopes can be made at any of the replacement. For many years, the NRU reactors, and to construct the reactors under consideration and each reactor has met this operating schedule radiochemical separation facility is can be processed, packaged, and to supply the U.S. and Canadian about three years from the time the distributed by the same production demands for Mo-99 and to ship Mo-99 project is resumed. Construction and team. I-131 and Xe-133 are essentially to numerous other countries. commissioning of the second reactor, if byproducts generated during the If the NRU reactor were to shut down pursued, would proceed simultaneously processing of Mo-99. I-125 is produced for reasons other than routine and would be completed about one year by irradiating a separate target maintenance, it might not be restarted. after the first reactor is commissioned. containing nonradioactive xenon-124 in The reactor was commissioned in 1957, Full-scale Mo-99 production and its sale the same reactor. This isotope would be and an aggressive maintenance program in the United States would probably extracted separately and in a manner is in place to keep it operating. require an additional several months at that would not interefere with Mo-99 However, no plans exist to continue each of the reactors. processing. operation beyond the year 2000 because Nordion has established a European of the reactor’s age and lack of storage subsidiary by acquiring the DOE Mo-99 Project History capacity for waste generated by the radiopharmaceutical department of the In 1991, in response to the shutdown isotope separation process. Any major Institut National des Radio-elements of the Cintichem reactor, DOE identified problem at the reactor requiring (IRE) in Fleurus, Belgium, but IRE (fully the Omega West Reactor at LANL as the significant time and resources to repair owned by the Belgian Federal proposed facility to provide a backup would probably result in a permanent Government) remains the owner of Mo- supply of Mo-99. In December 1992, shutdown, terminating this source of 99 production. IRE and Nordion have however, the Omega West Reactor supply. signed a mutual Mo-99 backup 48924 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices agreement to avoid a complete shortage might be able to supply a significant The isotopes would be packaged in of Mo-99 in case of an unscheduled quantity of Tc-99m to the U.S. medical Department of Transportation-approved shutdown of the Canadian NRU reactor. community in the future. packaging for shipment by air on a daily DOE has been informed that the current basis to any of the three currently Proposed Action contractual backup arrangement known potential customers: DuPont- requires IRE to supply Nordion with the The proposed action is for DOE to Merck in Boston, Massachusetts; excess capacity of its facility for up to establish, as soon as practicable, a Amersham Mediphysics in Chicago, eight weeks in the event of a shutdown. domestic U.S. production capability that Illinois; and Mallinckrodt Medical in St. It is unlikely, however, that Nordion would ensure a reliable supply of Mo- Louis, Missouri; or to Nordion could immediately respond to a U.S. 99 and related medical isotopes (I-125, International in Canada for final shortage of Mo-99 through its backup I-131, and Xe-133) for use by the U.S. processing and distribution. Air express arrangement with IRE. Although IRE has medical community. DOE’s near-term class shipments would be used. informed DOE that IRE has a sufficient goal is to provide a backup capability to The radioactive waste generated number of certified transport casks to Canadian production by supplying a during the production of the medical ship the Mo-99 from Europe directly to baseline production level of 10 to 30 isotopes would be primarily low level the U.S. radiopharmaceutical percent of current U.S. demand for Mo- waste. This waste and the spent nuclear companies, Mo-99 from the Belgian 99 with the capability to increase fuel from the reactor would be managed, source has never been sold in the production rapidly to supply 100 stored, and eventually disposed of in United States. Use of IRE’s Mo-99 in the percent of the U.S. demand should the accordance with applicable regulatory United States would depend on IRE’s Canadian source be unavailable. The requirements. ability to obtain FDA approval. IRE baseline production level would serve Alternatives Considered submitted a Drug Master File to the FDA to maintain the capabilities of the in 1991, and Mo-99 samples were sent facilities and staff to respond on short This section describes the alternatives to the U.S. radiopharmaceutical notice to supply the entire U.S. demand evaluated in the EIS. companies (DuPont-Merck, Amersham on an as-needed basis. 1. No Action Mediphysics, and Mallinckrodt Each of the alternatives, described in Medical) so that they could support Consideration of the No Action the next section, for accomplishing the alternative is required by CEQ IRE’s request for FDA approval. proposed action would use the However, the FDA approval process on Regulations, and provides a baseline for Cintichem process for the production of comparison with the action alternatives. the submittal has proceeded slowly Mo-99 and related isotopes. A brief because IRE has no established U.S. If the No Action alternative were description of the steps in the process selected, there would be no customers. follows. Mallinckrodt Medical is currently environmental impacts in the United As the initial step in the proposed working with the High Flux Reactor States due to the production of Mo-99. (HFR) at Petten in the Netherlands to production of Mo-99, targets would be However, the United States would secure a backup supply in 1996 for its fabricated, tested, and shipped to the continue to be vulnerable to a Mo-99 European needs and for its U.S. reactor facility for irradiation. Targets supply shortage due to the future operations, dependent upon FDA would be manufactured by coating the uncertainties faced by the sole Canadian approval. While production at the inner walls of stainless steel tubes with supplier. Petten HFR could be increased beyond highly enriched uranium oxide and then sealing the ends of the tubes with 2. Preferred Alternative—Annular Core European needs, it would not be Research Reactor and Hot Cell Facility expected to meet the U.S. demand if the custom fittings. At the reactor facility, the targets at Sandia National Laboratories/New supply from Nordion is interrupted. Mexico and Chemistry and Metallurgy Mo-99 is produced in numerous other would be irradiated for several days. Research Facility at Los Alamos countries. These include reactor Because Mo-99 decays at the rate of National Laboratory production facilities in Australia, about one percent per hour, all steps Indonesia, Japan, Peru, Argentina, following irradiation of the targets must Under this alternative, DOE would Russia, China, and South Africa. For the be expedited. Upon removal from the use the Chemistry and Metallurgy most part, they are small, government- reactor, the irradiated targets would be Research Facility to fabricate the targets run production facilities, and the Mo-99 transferred in a shielded cask to an containing highly enriched uranium. is produced for local use rather than appropriate hot cell facility, preferably The targets would be shipped to the international export. None of these located adjacent to or near the reactor ACRR at SNL/NM for irradiation, and foreign sources, most running facility. Mo-99, I-131, and Xe-133 would the irradiated targets would be sporadically, could meet a significant be extracted from the fission product processed in the adjacent Hot Cell portion of the U.S. demand for Mo-99/ inventory by chemical dissolution and Facility. Low level radioactive wastes Tc-99m generators. Moreover, the precipitation reactions within the hot from target fabrication at LANL would foreign governments are reluctant to cells. The isotopes would be further be disposed of on site. Low level meet stringent FDA requirements for refined and would undergo strict quality radioactive wastes from the Mo-99 export to the United States. control procedures to meet FDA production at SNL/NM would be Transportation difficulties also limit the standards. transported to the Nevada Test Site for ability of foreign producers to supply The production of I-125 requires the disposal. Spent nuclear fuel generated Mo-99 to the United States. irradiation of a different type of target during the isotope production activities Thermo Technology Ventures, Inc., a than that used for the production of Mo- would first be stored on site and later U.S. company, is investigating a concept 99. These targets would be irradiated in shipped to the Idaho National for direct production of Tc-99m using the same reactor selected for Mo-99 Engineering Laboratory (INEL) for small particle accelerators. If successful production, but the targets would be storage in accordance with the Records in developing this concept and processed separately and in a manner of Decision on the DOE Programmatic financing the operation of numerous that would not interfere with Mo-99 Spent Nuclear Fuel Management and facilities, Thermo Technology Ventures processing. Idaho National Engineering Laboratory Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48925

Environmental Restoration and Waste times of national emergency to address modifications would be required to the Management Programs Environmental security concerns. Under such an Chemistry and Metallurgy Research Impact Statement (SNF PEIS) (DOE/EIS– arrangement, the ACRR would Facility and the Omega West Reactor. 0203–F). technically be subject to recall for As discussed previously, the To produce Mo-99 and related defense-related activities if required. modifications required to fabricate medical isotopes under this alternative, DOE has determined that the probability targets at the Chemistry and Metallurgy modifications would be required to the of recalling the ACRR to support Research Facility are relatively minor. Chemistry and Metallurgy Research Defense Programs’ needs is so remote as Some interior walls would be removed, Facility, the ACRR, and Hot Cell not to preclude the ACRR as an doors would be relocated, and glove Facility. The modifications required to alternative. Also, if it were recalled to boxes with filtered exhaust systems fabricate targets at the Chemistry and support defense-related activities, the would be installed. Modifications Metallurgy Research Facility are reactor could be reconverted for the required to support target processing relatively minor. Some interior walls production of Mo-99 in a week, if operations would likewise be minor. would be removed, doors would be necessary. The Omega West Reactor is shut relocated, and glove boxes with filtered On April 15, 1996, the Pueblo of Isleta down and would need to be restarted to exhaust systems would be installed. and the Southwest Research and support isotope production. Restarting The ACRR is operational but has Information Center filed a complaint the reactor would involve replacing an historically operated in a pulsed mode against DOE in the United States District underground cooling water pipe, or in a steady-state mode for about a Court for the District of New Mexico upgrading reactor cooling and air week at a time, whereas continuous challenging DOE’s lack of a sitewide EIS monitoring systems, and updating the operation would be required for isotope for SNL/NM and continued reliance required facility safety documentation. production. To be able to meet 100 upon the 1977 sitewide EA. Pueblo of An operational readiness review for percent of the U.S. demand for Mo-99, Isleta v. Dep’t of Energy, No. 96–0508 restart of the reactor would have to be the reactor would be modified to allow (D. N.M. filed Apr. 15, 1996). Plaintiffs satisfactorily completed before steady-state operation at four megawatts allege that NEPA documents prepared at operations could resume. and to allow irradiation of a sufficient SNL/NM since 1977 do not adequately 4. Oak Ridge Research Reactor and number of targets. The required analyze the cumulative environmental Radioisotope Development Laboratory modifications include installation of impacts of other past, present, and at Oak Ridge National Laboratory heat exchangers and cooling towers, reasonably foreseeable actions at SNL/ (ORNL) removal of a stainless steel tube from NM and seek to enjoin DOE from tiering the center of the reactor core, and any projects from the 1977 EA. The Under this alternative, the targets various hardware upgrades. In addition, complaint lists the Draft Medical would be fabricated at the ORNL an air lock would be installed to Isotopes Production Project EIS among Radioisotope Development Laboratory. minimize airborne releases during the the nuclear reactor research programs at The targets would be transported to the transfer of irradiated targets, and SNL/NM. Plaintiffs do not seek to enjoin Oak Ridge Research Reactor for ventilation and electrical systems would any current activity at SNL/NM. DOE irradiation, and the irradiated targets be upgraded. Following each believes that this litigation is moot would be transported back to the modification to the reactor, a readiness because DOE has already sought Radioisotope Development Laboratory assessment would need to be congressional funding to begin for processing. Low level radioactive satisfactorily completed for the reactor preparing a sitewide EIS at SNL/NM in wastes from Mo-99 production at ORNL to continue operations. When all the 1997. Any action at SNL/NM with would be transported to the Nevada Test reactor modifications were completed, a respect to the production of Mo-99 and Site for disposal. Spent nuclear fuel determination of readiness would be related isotopes would be supported by generated during the isotope production made to establish whether there is a the final Medical Isotopes Production activities would first be stored on site need for an operational readiness Project EIS and would not be tiered and later shipped to the Savannah River review. from or dependent on the 1977 EA. Site for storage in accordance with the The existing Hot Cell Facility adjacent Records of Decision on the SNF PEIS. to the ACRR, with the addition of more 3. Omega West Reactor and Chemistry To produce Mo-99 and related shielding, could be used to produce and Metallurgy Research Facility at Los medical isotopes under this alternative, approximately 10 percent of the current Alamos National Laboratory modifications would be required to the U.S. demand for Mo-99 on a steady-state Under this alternative, the Chemistry Radioisotope Development Laboratory basis or 30 percent of the demand for and Metallurgy Research Facility would and the Oak Ridge Research Reactor. short periods. To meet greater than 10 be used to fabricate the targets as The modifications required to fabricate percent of U.S. demand on a continuous described for alternative 2. The targets and process targets at the Radioisotope basis, a new hot cell consisting of five would be transported to the Omega Development Laboratory are relatively workstations would be constructed West Reactor for irradiation, and the minor and include appropriate upgrades within the existing Hot Cell Facility. In irradiated targets would be transported to facility ventilation and waste addition, the Hot Cell Facility floor plan back to the Chemistry and Metallurgy management systems. would be reconfigured, and the facility Research Facility for processing. Low The Oak Ridge Research Reactor is ventilation system would be upgraded. level radioactive wastes from Mo-99 shut down and would need to be As noted above, the ACRR is currently production would be disposed of on restarted to support isotope production. managed by DOE’s Office of Defense site. Spent nuclear fuel generated during Restarting the reactor would involve Programs. If responsibility for the ACRR the isotope production activities would upgrading the reactor cooling system, is transferred to the DOE Office of first be stored on site and later shipped installing new reflectors in the reactor Nuclear Energy, Science and to the Savannah River Site for storage in core, upgrading or repairing out-of- Technology, then the Office of Defense accordance with the Records of Decision service equipment, and upgrading the Programs has expressed an interest in on the SNF PEIS. required facility safety documentation. retaining the right to have the reactor To produce Mo-99 and related An operational readiness review for available to support defense missions in medical isotopes under this alternative, restart of the reactor would have to be 48926 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices satisfactorily completed before presented in the EIS and described in cancers for either workers or the public, operations could resume. this section unless there were an and doses to exposed individuals would interruption of the Canadian supply for be well within regulatory limits. In 5. Power Burst Facility and Test Area the entire year. The analyses in the EIS addition, because all of the production North Hot Cells at Idaho National indicate that environmental impacts of alternatives would use small research Engineering Laboratory any of the production alternatives reactors and comparable target Under this alternative, the targets would be minimal and well within fabrication and processing facilities, the would be fabricated at a facility on site applicable regulatory guidelines. Each risk of human health effects from such as the Experimental Test Reactor of the action alternatives would use credible facility accidents is very low, Critical Facility annex in the Test essentially the same technology for the and the consequences of those accidents Reactor Area. The targets would be production of Mo-99 and related would be within DOE safety guidelines. transported to the Power Burst Facility medical isotopes. Minor differences in Production of low level radioactive for irradiation, and the irradiated targets environmental impacts among the waste would be less than 85 cubic would be transported to the Test Area alternatives relate primarily to the type meters per year, and spent nuclear fuel North Hot Cells or a comparable hot cell and status of the existing facilities, the would be generated at the rate of 16 to facility on site for processing. Low level modifications required to prepare the 32 kilograms per year under any radioactive wastes from Mo-99 facilities for production, the quantities alternative. These quantities of waste production would be disposed on site. of low level waste generated, how those and spent nuclear fuel are small Spent nuclear fuel generated during the wastes would be managed, and the compared to the quantities of similar isotope production activities would be location of the production facilities with materials at the DOE facilities where stored on site in accordance with the respect to the surrounding population they would ultimately be managed. All Records of Decision on the SNF PEIS. and to the medical isotope distributors. of the alternative sites have sufficient To produce Mo-99 and related All of the production alternatives waste management capability either on medical isotopes under this alternative, discussed in the EIS would use existing site or through existing arrangements modifications would be required to the facilities with relatively minor with other DOE sites to dispose of low Experimental Test Reactor Critical modifications and would have level waste generated by the proposed Facility annex, the Power Burst Facility, negligible consequences with respect to activity. All alternative sites have and the Test Area North Hot Cells. The land use, cultural resources, aesthetic adequate capabilities for storage of spent required modifications at the resources, geologic resources, water fuel for at least five years, if necessary, Experimental Test Reactor Critical quality, ecological resources, or noise. before the spent fuel is shipped to the Facility annex are relatively minor and In the category of regional Savannah River Site or INEL for storage would include installation of glove socioeconomics, the sum of primary and in accordance with the Records of boxes with filtered exhaust systems. secondary employment impacts ranged Decision on the SNF PEIS. The Power Burst Facility is in standby from 100 to 300 total regional jobs and Cumulative impacts on site and mode and would need to be restarted to from $3 million to $6 million in annual community infrastructure would be support isotope production. Restarting regional income, generally less that 0.1 negligible because the medical isotope the reactor would involve replacing a percent of the corresponding regional production process would use existing significant portion of the reactor totals. Thus, the potential impacts on facilities and a relatively small staff. The instrumentation, modifying the reactor the adequacy of community resources quantities of radioactive waste core to allow for target insertion, and and services would be negligible under generated annually, radiological facility updating the required facility safety any alternative. emissions, and radiation dose to documentation. An operational The environmental analyses revealed workers would increase compared to readiness review for restart of the some differences in the radiological current or historical DOE operations at reactor would have to be satisfactorily impacts to the public and to workers each of the sites considered in the EIS. completed before operations could resulting from the design and location of Some sites would experience a large resume. particular facilities, but the percentage increase in some impact The Test Area North Hot Cells would consequences would be within categories; however, the absolute require only minor modifications to regulatory limits in all cases. The quantities are low and the consequences support Mo-99 target processing. analyses did not identify any alternative are generally small compared to current that provided a substantial advantage in or historical DOE operations. For Evaluation terms of environmental consequences. example, the quantity of solid low level This section describes the results of For example, the combined collective waste that would be generated annually DOE’s evaluation of each of the radiation dose to the public from facility at SNL/NM would represent a 50 alternatives. It summarizes their operations and transportation (including percent increase over historical environmental impacts, costs, and crew dose) in person-rem per year generation levels, but the absolute schedules and concludes by addressing ranged from 64 for ORNL to 89 for SNL/ quantity of waste generated is relatively the issue of privatization. NM, and the radiological dose to project small (49 cubic meters). Even with these increases, the cumulative regional Environmental Impacts workers in person-rem per year was estimated to range from 9 to 12 for emissions, doses, or other impacts The environmental impacts of LANL to 22 to 25 for SNL/NM.1 As would not exceed any regulatory limits producing enough Mo-99 to meet 100 shown in the EIS, these doses would not at any of the alternative sites. percent of the U.S. demand were be expected to result in latent fatal The consequences of the No Action assessed in the EIS. However, since DOE alternative would consist of those currently proposes only to provide a 1 The facility and transportation values were associated with ongoing production of backup capability that would be derived from Table S–2 on page xiv of the EIS by medical isotopes at the Canadian operating to meet 10 percent to 30 adding the radiological dose to the population facilities and transportation of medical within 80 km (50 miles) from target irradiation and percent of the annual U.S. Mo-99 processing to the transportation radiological dose to isotopes to the current U.S. suppliers demand, the actual consequences would the crew and public. The dose to project workers and their customers. The No Action be lower than the estimated levels was taken from Table 3–1 on page 3.61 of the EIS. alternative would also result in a Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48927 continued risk to the U.S. health care are based on a detailed, integrated process equipment construction. The community and its consumers. If the schedule with corresponding resource final milestone is achievement of both sole Canadian source of Mo-99 became requirements. The Jupiter report an FDA-approved production capacity unavailable for an extended time, estimated the costs for SNL/NM to have and trained staff to meet 100 percent of certain medical procedures could not be an uncertainty of about 10 percent. The the U.S. demand for Mo-99 on a offered, and the cost of some diagnostic LANL estimates are also based on a continuous basis. procedures and medical risk to patients detailed, integrated schedule and have a Based on the schedules prepared by would likely increase substantially. similar level of accuracy as the SNL/NM the potential host sites, the first estimates for the activities that LANL milestone could be reached by SNL/NM Costs has identified. However, a greater level in 6 months from the Record of All cost analyses presented in the EIS of schedule and cost uncertainty exists Decision, in 13 months by LANL, 22 were performed based on the for the LANL alternative because of months by INEL, and 24 months by operational capabilities required by unanticipated delays and facility costs ORNL. The time estimated to complete each of the alternative sites to produce that are likely to be encountered in the facility modifications and thus meet the 100 percent of the U.S. demand for Mo- restart and operation of the Omega West second milestone is 18 months from the 99 as quickly as possible. Cost estimates Reactor. The Jupiter report estimated Record of Decision for LANL, 22 months for each alternative include estimated that the costs for LANL have the for both SNL/NM and INEL, and 24 expenditures to (1) prepare the reactor potential to increase by about 25 percent months for ORNL. Finally, full facility for startup, (2) operate the for preparation cost and 9 percent for production capability, the third reactor to irradiate targets, (3) prepare annual operating cost. milestone, is estimated to be reached 20 the hot cell facility for processing The level of uncertainty is also greater months from the Record of Decision for irradiated targets, (4) process the targets in the case of estimated expenditures for LANL, 28 months for both SNL/NM and to obtain the desired product, (5) ORNL and INEL due to cost projections INEL, and 30 months for ORNL. prepare the target fabrication facility for made at a less detailed level than for the As in the case of cost estimates, the production, and (6) fabricate targets. other two sites. Also for ORNL, foregoing schedules are subject to Preparation costs include estimated uncertainties exist in the cost and varying degrees of confidence. The expenditures associated with site- schedule for restart of the Oak Ridge Jupiter Corporation evaluation of the specific process verification and Research Reactor that has been shut schedules for each of the production document preparation. Operations costs down since 1987. The Jupiter report alternatives identified a 10 percent were estimated on an annual basis and estimated that the ORNL reactor uncertainty level in the SNL/NM include estimated expenditures preparation costs have the potential to schedule estimates for the reasons stated associated with radioactive waste increase by over 25 percent and the previously. Based on uncertainties in management processes. The cost operating costs have a 20 percent restarting the reactors at LANL, ORNL, estimates do not include current uncertainty. In the case of INEL, Power and INEL, Jupiter estimated that the expenditures that are being incurred by Burst Facility replacement fuel costs LANL schedule estimates had the each of the sites to maintain their were not included in the EIS estimate potential to extend by 6 to 24 months, facilities, general isotope research for operating costs. On a yearly basis, and that both the ORNL and INEL (including Mo-99) and process this added cost is likely to be in the schedule estimates had the potential to experimentation costs being incurred, or range of $1 million to $1.5 million. In increase by 6 to 12 months. planned decommissioning costs. addition, the uncertainty in restart The uncertainties in the restart of Both the estimated preparation costs requirements and the likelihood of reactors arises from the need for these and operations costs are of similar increased operational costs contribute to nuclear facilities to have approved magnitude among the alternatives. The Jupiter’s estimate of potential cost safety analysis reports (SAR) and to estimated preparation costs range from increases of over 35 percent for both satisfactorily complete an operational $17.2 million for INEL to $21.0 million facility preparations and operations. readiness review. It is the policy of the for ORNL. The estimated preparation When all of these cost uncertainties are Department that nuclear facilities and costs for both the SNL/NM and LANL taken into consideration, the likely costs operations be analyzed to identify all alternatives are $19.6 million. The of preparation and operation would be hazards and potential accidents estimated annual operating costs range of similar magnitude for each associated with the facility and the from $8.4 million for INEL to $12.8 alternative. process systems, components, million for SNL/NM. The estimated equipment, or structures, and to annual operating costs for ORNL and Schedules establish design and operational means LANL are $9.6 million and $11.0 Three milestones were compared in to mitigate these hazards and potential million, respectively. the EIS for each of the alternative Mo- accidents. A SAR documents the results DOE recognized the varying degrees 99 production sites. The first milestone of these analyses and their adequacy to of confidence associated with these is reached when the alternative could ensure that the facility can be estimates and, therefore, commissioned begin initial production of Mo-99. Initial constructed, operated, maintained, shut an evaluation of the level of uncertainty production is defined as the ability to down, and decommissioned safely and associated with each of the estimates. reliably irradiate and process a limited in compliance with applicable The evaluation was performed by number of targets (one or more per requirements. These detailed documents Jupiter Corporation and is presented in week). The ability to reach this must be reviewed and approved by the report, Cost and Schedule milestone quickly is particularly DOE. The current DOE standard for Evaluation of Mo-99 Production Options important, because its attainment would SARs is presented in DOE Order Identified in the Environmental Impact allow DOE to initiate the FDA approval 5480.23. Of the alternatives evaluated in Statement, June 3, 1996. This evaluation process and achieve an emergency the EIS, the ACRR at SNL/NM is the produced a range of likely costs and production capability for some quantity only reactor with an approved SAR that schedules for each of the production of Mo-99. The second milestone is complies with this order. Initial Mo-99 alternatives identified in the EIS. The completion of all necessary facility production activities could proceed SNL/NM estimates of schedule and cost modifications (reactor and hot cell) and under the current ACRR SAR, although 48928 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices the document would need to be (2) Assures that the facility drawings this document, however, it is unlikely amended in the future to analyze are a reflection of the current design of that a private domestic source of Mo-99 modifications necessary to support full the facility; is attainable in the near term to address Mo-99 production capability while the (3) Assures that the procedures reflect the current vulnerability of the U.S. reactor continues to operate. The other the facility as it currently exists and can supply. For this reason, the long-term reactors have previously approved be conducted as written; goal of privatization of Mo-99 SARs, but they are now out of date and (4) Assures that the safety production was expressly excluded not in compliance with the current DOE documentation is a reflection of the from consideration in the EIS. DOE order. To operate those reactors, the current design of the plant and published in Commerce Business Daily operating laboratory would need to adequately defines the envelope of the on December 5, 1995, and in the Federal either demonstrate equivalence of the safe operating domain; Register (60 FR 63515) on December 11, reactor’s approved SAR to DOE Order (5) Assures that the personnel 1995, a Notice for Expressions of 5480.23 or update the reactor’s operating and managing the facility Interest regarding the possible approved SAR to comply with the order. have the appropriate and/or required privatization of all of DOE’s isotope The Omega West Reactor at LANL has background and training to safely activities. The Expressions of Interest a draft SAR written in compliance with conduct operations and management of were requested by March 29, 1996. DOE Order 5480.23, but the approval the facility; and Expressions of Interest that could apply process was stopped in 1993 after the (6) Assures that the facility has to the production of Mo-99 and related reactor was placed in safe shutdown. achieved a state of emergency isotopes were received for review The time and cost to revise existing preparedness that is acceptable, and that during April 1996. Some of these SARs to meet DOE Order 5480.23 and the facility can appropriately conduct Expressions of Interest are general in obtain DOE approval varies according to the steps of the site emergency nature and do not focus on a particular the type and size of the nuclear facility. procedures. site of interest for Mo-99 production The need to update an SAR before a A minimum set of requirements for an activities. Several others are site specific reactor can return to operation creates operational readiness review is and are directed toward either the use the potential for schedule delays, cost presented in section 4.d. of DOE Order of the ACRR at SNL/NM or the Omega increases, and facility modifications to 425.1, but the full set of review West Reactor at LANL. Because these resolve unanticipated safety concerns. requirements is initially defined by DOE Expressions of Interest are proprietary Significant updating of a reactor SAR to management and may be expanded by and are still under review, it is not meet the current order and obtaining the operational readiness review team appropriate to elaborate on their DOE review and approval typically during the review if appropriate. The contents. However, the decision DOE is costs several millions of dollars and length of time required to conduct an making here will not preclude takes over two years to complete. These operational readiness review depends privatization in the long term. potential schedule and cost impacts on the review requirements ultimately Comments on the Final EIS were considered in the uncertainty established and could take between 6 evaluation performed by Jupiter. and 24 months. DOE received three comment letters Similarly, the need to conduct In contrast, a readiness assessment after it issued the final EIS and has readiness reviews introduces cost and generally focuses on a few specific areas responded to them individually. Two schedule uncertainties that could be of review and is often less time and letters were from residents of significant depending on the level of resource intensive than an operational Albuquerque, New Mexico, who review required. DOE Order 425.1 readiness review. Depending on the expressed concern regarding the establishes the requirements for the causes and duration of the shutdown handling and management of waste and restart of existing nuclear facilities that and the modifications accomplished spent nuclear fuel, topics addressed in have been shut down. The requirements during the shutdown, a readiness the final EIS. The third letter was from specify an independent readiness assessment may be as short and simple Senator Dirk Kempthorne of Idaho who review process to demonstrate that it is as a restart check procedure, or it may urged the selection of INEL as the site safe to restart the facility. The order approach the breadth and depth of an for Mo-99 production and included a provides for two levels of review: an operational readiness review. As in the critique of the EIS. Most of the issues operational readiness review or a case of the preparation of safety raised in this letter concern the relative readiness assessment. DOE determines documentation, the potential schedule strengths and capabilities of INEL as an whether and which of these reviews and cost impacts of readiness reviews alternative and the limitations of the need to be performed prior to the restart were considered in the uncertainty preferred alternative including the of a nuclear facility that has experienced evaluation performed by Jupiter. potential for the ACRR to be recalled for conditions such as an unplanned defense-related testing, the agency’s Privatization shutdown, an extended shutdown (12 motivation for preparing the EIS, and months for the category of reactors DOE’s objective is to establish a the suitability of the ACRR for considered as Mo–99 production reliable backup Mo-99 production privatization. All of these topics are alternatives), or after substantial facility capability as soon as practicable. From addressed in the final EIS. modifications that require changes in the inception of the EIS process, DOE Several concerns presented in Senator the safety basis previously approved by has stated that while it prefers that Mo- Kempthorne’s letter warrant a response DOE. The breadth and depth of the 99 be produced for the long term by the here. First, the Department has review required determines the amount private sector, establishment of long- considered and recognizes INEL’s long of uncertainty introduced into cost and term private sector production is not history of medical isotope production schedule estimates for restarting the within the scope of the EIS. In the long and the significant historical reactor. term, DOE will explore the possibility of contributions of INEL to DOE’s Generally, an operational readiness private sector participation in the missions. In the final EIS, DOE has review does the following: production of Mo-99 consistent with the recognized the relative strengths and the (1) Assesses the physical condition of DOE National Isotope Strategy. As desire of each alternative location to the nuclear facility; discussed in the Background section of host the Mo-99 mission. The Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48929

Department has been committed to and water usage, of all the sites other proposed alternatives. Neither that giving each alternative location a fair considered but has a slightly higher EIS nor this decision is dependent in and careful look. worker dose during processing and any way upon the 1977 SNL/NM The potential recall of the ACRR for operation. However, these differences sitewide EA that the plaintiffs seek to a defense mission also deserves and the others identified in the EIS are enjoin reliance upon. Moreover, DOE particular comment. When it issued the very minor and do not provide a basis believes that this litigation is moot final EIS, DOE believed that the chance for selecting an environmentally because DOE has already sought of the ACRR being recalled for defense preferred alternative among those congressional funding to begin missions in time of national emergency alternatives that satisfy the purpose and preparing a sitewide EIS at SNL/NM in was sufficiently low so as not to need for action. 1997. disqualify the ACRR as an alternative. Based on extensive discussions between Decision Use of all Practicable Means To Avoid the Office of Defense Programs and the DOE has decided to implement the or Minimize Harm Office of Nuclear Energy, Science and proposed project as specified in the Implementation of this decision will Technology, DOE continues to believe preferred alternative in the EIS, that is, result in low environmental and health that the likelihood of a defense-related to produce Mo-99 and related isotopes impacts. Mitigation measures typically national emergency occurring that at the ACRR and Hot Cell Facility at applied to the operation of small would require the use of the ACRR SNL/NM and to fabricate targets at the research reactors and to the activities within the next several years is remote. Chemistry and Metallurgy Research necessary to fabricate, irradiate, and DOE also believes that the critical need Facility at LANL. The basis for this process the Mo-99 targets will be to establish a backup supply of Mo-99 decision rests on DOE’s determination applied throughout the project. These in the shortest possible time far that it is essential to address as soon as measures include filtration of air outweighs the minimal risk that this possible the U.S. vulnerability to the emissions from target fabrication, reactor would be recalled for defense- failure of its sole source of supply of irradiation, and processing activities in related emergencies. Mo-99, an isotope vitally necessary for accordance with applicable the medical diagnosis of thousands of Environmentally Preferable Alternative requirements and as low as reasonably patients every day. Failure of the sole achievable principles. Accordingly, no With respect to the establishment of a Canadian supply would leave the mitigation action plan is necessary. production capability for Mo-99 and United States with critical shortages of The Medical Isotopes Production related medical isotopes, the No Action Mo-99 within a week. Project: Molybdenum-99 and Related alternative is the environmentally The analyses of the alternatives in the Isotopes will be initiated at the preferable alternative. Under the No EIS demonstrate that the impacts on the preferred alternative facilities under the Action alternative, the U.S. medical environment, involved workers, and the program direction of the Office of community would continue to rely on residents in the affected communities Nuclear Energy, Science and the single existing supply source for would be very small and within Technology and the Kirtland Area Mo-99, and any environmental impacts applicable regulatory limits and would Office, Albuquerque Operations Office. would occur primarily outside the not provide a basis for discrimination United States. The No Action among the alternatives. The ACRR is the Issued in Washington, D.C., this 11th day alternative, however, leaves the U.S. only reactor among all of the of September 1996. medical community vulnerable to a alternatives that is presently operating, Terry R. Lash, shortage of Mo-99 that could have a and the ACRR can provide the earliest Director, Office of Nuclear Energy, Science significant negative impact on the possible production of Mo-99 in the and Technology. quality of health care received by event that the Canadian supply becomes [FR Doc. 96–23738 Filed 9–16–96; 8:45 am] thousands of U.S. medical patients each unavailable. The ACRR also has the BILLING CODE 6450±01±P day. Therefore, the No Action most reliable projections of costs and alternative was not selected. schedules for meeting the planned Of the alternatives that would satisfy production goals. Environmental Management Site- the purpose and need for action, the The Department recognizes that the Specific Advisory Board, Pantex Plant, potential environmental impacts are Office of Defense Programs has Amarillo, TX generally small and of similar expressed interest in retaining the AGENCY: Department of Energy. magnitude. Each of the action capability to use the ACRR in the event alternatives would use essentially the of a national emergency. The ACTION: Notice of open meeting. same technology for the production of Department considers the likelihood of SUMMARY: Pursuant to the provisions of Mo-99 and related medical isotopes. such an emergency in the next several the Federal Advisory Committee Act Minor differences among the action years to be highly unlikely. DOE has (Public Law 92–463, 86 Stat. 770) notice alternatives relate primarily to the type decided that the critical need to is hereby given of the following and status of the existing facilities, the establish a backup supply of Mo-99 in Advisory Committee meeting: modifications required to prepare the the shortest possible time far outweighs Environmental Management Site- facilities for isotope production, and the minimal risk that this reactor would Specific Advisory Board (EM SSAB), amounts of low level waste generated be recalled for defense-related Pantex Plant, Amarillo, Texas. and how those wastes would be emergencies. managed. No single alternative has the This decision is not affected by the DATE AND TIME: Tuesday, September 24, least impact in all of the categories litigation in Pueblo of Isleta v. Dep’t of 1996: 4:00 p.m.–8:30 p.m. analyzed in the EIS. For example, ORNL Energy, No. 96–0508 (D. N.M. filed Apr. ADDRESS: Amarillo College, 2201 S. has the lowest collective radiation dose 15, 1996). The Medical Isotopes Washington, College Union Building, to the public; however, it could generate Production Project is based upon its 2nd Floor, Oak-Acorn Room, Amarillo, the second highest volume of low level own final EIS that evaluates the Texas. waste. Similarly, SNL/NM has the cumulative impacts of the proposed FOR FURTHER INFORMATION CONTACT: Tom lowest utilization of uranium in fuel, action at SNL/NM as well as all of the Williams, Program Manager, 48930 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Department of Energy, Amarillo Area being published less than 15 days before be deemed to be fair and equitable and Office, P.O. Box 30030, Amarillo, TX the date of the meeting due to not in excess of an amount which 79120 (806)477–3121. programmatic issues that had to be interstate pipelines would be permitted resolved. to charge for similar transportation SUPPLEMENTARY INFORMATION: Minutes: The minutes of this meeting service. The Commission may, prior to Purpose of the Committee: The Board will be available for public review and the expiration of the 150-day period, provides input to the Department of copying at the Pantex Public Reading extend the time for action or institute a Energy on Environmental Management Rooms located at the Amarillo College proceeding to afford parties an strategic decisions that impact future Lynn Library and Learning Center, 2201 opportunity for written comments and use, risk management, economic South Washington, Amarillo, TX phone for the oral presentation of views, data, development, and budget prioritization (806) 371–5400. Hours of operation are and arguments. activities. from 7:45 am to 10:00 pm, Monday Any person desiring to participate in Tentative Agenda through Thursday; 7:45 am to 5:00 pm this rate proceeding must file a motion on Friday; 8:30 am to 12:00 noon on to intervene or protest in accordance 4:00 pm—Welcome—Introductions— Saturday; and 2:00 pm to 6:00 pm on with sections 385.211 and 385.214 of Approval of Minutes Sunday, except for Federal holidays. the Commission’s Rules of Practice and 4:10 pm—Co-Chairs’ Comments Additionally, there is a Public Reading Procedure. All motions or protests must 4:20 pm—Subcommittee Reports Room located at the Carson County be filed with the Secretary of the —Policy and Personnel, by-laws Public Library, 401 Main Street, Commission on or before September 26, review Panhandle, TX phone (806) 537–3742. 1996. The petition for rate approval is —Nominations, 2nd reading for Stella Hours of operation are from 9:00 am to on file with the Commission and is Devers’ nomination 7:00 pm on Monday; 9:00 am to 5:00 available for public inspection. 4:40 pm—Task Force Reports pm, Tuesday through Friday; and closed Lois D. Cashell, —Environmental Restoration Saturday and Sunday as well as Federal 4:45 pm—Agency for Toxic Substances Secretary. Holidays. Minutes will also be available and Disease Registry Update [FR Doc. 96–23683 Filed 9–16–96; 8:45 am] by writing or calling Tom Williams at Rick Collins, Sr. Scientist BILLING CODE 6717±01±M the address or telephone number listed 5:00 pm—Updates above. —Occurrence Reports [Docket No. TM97±1±110±001] —Vulnerability Update Issued at Washington, DC on September 6:00 pm—Break 11, 1996. Iroquois Gas Transmission System, 6:30 pm—MOX Fuel Discussion Panel Rachel M. Samuel, L.P.; Notice of Annual Charge Dr. K. L. Peddicord, Texas A&M Acting Deputy Advisory Committee Adjustment Filing University Management Officer. Dr. Bill Weida, Colorado College [FR Doc. 96–23732 Filed 9–16–96; 8:45 am] September 11, 1996. Perspectives from local residents who BILLING CODE 6450±01±P Take notice that on September 6, 1996 travelled to MOX facilities: Iroquois Gas Transmission System, L.P. Mr. Ronald W. Zerm (Iroquois) tendered for filing to become Mr. Bob Juba Federal Energy Regulatory part of its FERC Gas Tariff, First Revised Representative from nuclear power Commission Volume No. 1, Thirteenth Revised Sheet industry, BNFL or Cogema No. 4. The proposed effective date of the [Docket No. PR96±14±000] Mr. Paul Leventhal, Nuclear Control tariff sheet is October 1, 1996. Institute Bridgeline Gas Distribution LLC; Iroquois states that, pursuant to 7:45 pm—Question and Answer Session Notice of Petition for Rate Approval Section 154.402 of the Commission’s 8:25 pm—Closing Comments regulations and Section 12.2 of the 8:30 pm—Adjourn September 11, 1996. General Terms and Conditions of its Public Participation: The meeting is Take notice that on August 27, 1996, tariff, Iroquois is making its Annual open to the public, and public comment Bridgeline Gas Distribution LLC Charge Adjustment (ACA) filing to will be invited throughout the meeting. (Bridgeline) filed pursuant to section reflect a decrease of $0.0003 per Dth Written statements may be filed with 284.123(b)(2) of the Commission’s (from $0.0023 to $0.0020 per Dth) in its the Committee either before or after the regulations, a petition for rate approval ACA surcharge. meeting. Written comments will be requesting that the Commission approve Iroquois states that copies of the filing accepted at the address above for 15 the proposed rates as fair and equitable were served upon all jurisdictional days after the date of the meeting. for transportation and storage services customers and interested state Individuals who wish to make oral performed under section 311 of the regulatory commissions. statements pertaining to agenda items Natural Gas Policy Act of 1978 (NGPA). Any person desiring to protest this should contact Tom Williams’ office at Bridgeline states that it is a local filing should file a protest with the the address or telephone number listed distribution company with a blanket Federal Energy Regulatory Commission, above. Requests must be received 5 days certificate issued in Docket No. CP93– 888 First Street, N.E., Washington, D.C. prior to the meeting and reasonable 190 authorizing it to engage in NGPA 20426, in accordance with 18 CFR provision will be made to include the Section 311 services as if it were an 385.211 of the Commission’s Rules and presentation in the agenda. The intrastate pipeline. Bridgeline owns and Regulations. All such protests must be Designated Federal Official is operates transportation and storage filed as provided in Section 154.210 of empowered to conduct the meeting in a facilities in the State of Louisiana. the Commission’s Regulations. Protests fashion that will facilitate the orderly Bridgeline proposes an effective date will be considered by the Commission conduct of business. Each individual of September 1, 1996. in determining the appropriate action to wishing to make public comment will Pursuant to section 284.123(b)(2)(ii), be taken, but will not serve to make be provided a maximum of 5 minutes to if the Commission does not act within protestants parties to the proceeding. present their comments. This notice is 150 days of the filing date, the rates will Copies of this filing are on file with the Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48931

Commission and are available for public and 157.212 of the Commission’s be authorized effective the day after the inspection in the Public Reference Regulations under the Natural Gas Act time allowed for filing a protest. If a Room. (18 CFR 157.205, 157.212) for protest is filed and not withdrawn Lois D. Cashell, authorization to operate an existing within 30 days after the time allowed Secretary. valve setting as a delivery point for filing a protest, the instant request [FR Doc. 96–23681 Filed 9–16–96; 8:45 am] (Windom Delivery Point) to Northwest shall be treated as an application for Gas of Cottonwood County, LLC. authorization pursuant to Section 7 of BILLING CODE 6717±01±M (Northwest Gas) in Cottonwood County, the Natural Gas Act. Minnesota, under Northern Border’s Lois D. Cashell, [Docket No. RP96±231±003] blanket certificate issued in Docket No. Secretary. CP84–420–000 pursuant to Section 7 of [FR Doc. 96–23684 Filed 9–16–96; 8:45 am] Kern River Gas Transmission Co.; the Natural Gas Act, all as more fully set BILLING CODE 6717±01±M Notice of Proposed Changes in FERC forth in the request that is on file with Gas Tariff the Commission and open to public inspection. [Docket No. CP96±576±000] September 11, 1996. Northern Border proposes to operate Take notice that on September 6, an existing 4-inch tee and side valve at Northwest Pipeline Corporation; Notice 1996, Kern River Gas Transmission Valve Site No. 48 as the Windom of Technical Conference (Kern River) tendered for filing as part Delivery Point to Northwest Gas. September 11, 1996. of its FERC Gas Tariff, First Revised Northern Border states that it will A technical conference will be held to Volume No. 1, the following tariff deliver up to 10,000 Mcf on a peak day discuss issues raised in the above- sheets, to become effective June 3, 1996: and an estimated 1.1 Bcf annually to captioned proceeding on Friday, Northwest Gas at the proposed Windom Substitute First Revised Sheet No. 92 October 4, 1996, at 9:30 a.m. in room Second Substitute First Revised Sheet No. Delivery Point. 126 Northern Border states that Northwest 3M1, at the offices of the Federal Energy Second Substitute Second Revised Sheet No. Gas will construct and own Regulatory Commission, 888 First 127 measurement facilities at the proposed Street, NE., Washington, DC 20426. All interested persons and Staff are Windom Delivery Point. In addition, Kern River states that the purpose of permitted to attend. However, Northern Border stats that Northwest this filing is to reinstate tariff attendance does not confer party status. Gas will transport the gas volumes provisions, as granted by the For additional information, contact received at the Windom Delivery Point Commission in its Order on Rehearing Timothy W. Gordon at (202) 208–2265. through a 3.2-mile-long 4-inch-diameter issued on July 31, 1996 (76 FERC Lois D. Cashell, ¶ 61,113) in this proceeding. pipeline it plans to construct to a point Secretary. Any person desiring to protest this of interconnection with Ethanol 2000, filing should file a protest with the LLP (Ethanol 2000) and to a point of [FR Doc. 96–23685 Filed 9–16–96; 8:45 am] Federal Energy Regulatory Commission, interconnection with Peoples Natural BILLING CODE 6717±01±M 888 First Street, NE., Washington, DC Gas Company (Peoples). Northern Border states that Ethanol 20426, in accordance with 18 CFR [Docket No. EG96±90±000, et al.] 385.211 of the Commission’s Rules and 2000 will use its natural gas volumes for Regulations. All such protests must be heating, plant protection and ultimately LSP-Whitewater, L.P., et al.; Electric filed as provided in Section 154.210 of to process corn into ethanol, and that Rate and Corporate Regulation Filings the Commission’s Regulations. Protests Peoples will use its natural gas volumes September 10, 1996. will be considered by the Commission to serve the town of Windom, Take notice that the following filings in determining the appropriate action to Minnesota. Northern Border states that there will have been made with the Commission: be taken, but will not serve to make not be any impact on the peak day protestants parties to the proceeding. 1. LSP-Whitewater, L.P. capability of its existing shippers as a Copies of this filing are on file with the result of the proposed interconnect and [Docket No. EG96–90–000] Commission and are available for public any impact on annual deliveries will be On September 4, 1996, LSP- inspection in the Public Reference de minimis. Northern Border further Whitewater, L.P. (‘‘Applicant’’), a Room. states that the proposed change is not Delaware limited partnership with its Lois D. Cashell, prohibited by its existing tariff and that principal place of business at Two Secretary. it has sufficient capacity in its system to Tower Center, 10th Floor, East [FR Doc. 96–23682 Filed 9–16–96; 8:45 am] accomplish delivery of gas to the Brunswick, NJ 08816, filed with the BILLING CODE 6717±01±M proposed delivery point without Federal Energy Regulatory Commission detriment or disadvantage to any other an application for determination of [Docket No. CP96±772±000] customer. exempt wholesale generator status Any person or the Commission’s staff pursuant to Part 365 of the Northern Border Pipeline Company; may, within 45 days after issuance of Commission’s Regulations. Notice of Request Under Blanket the instant notice by the Commission, Applicant states that it is in the Authorization file pursuant to Rule 214 of the process of constructing a combined- Commission’s Procedural Rules (18 CFR cycle gas-fired cogeneration facility September 11, 1996. 385.214) a motion to intervene or notice (‘‘the Facility’’) in the City of Take notice that on September 6, of intervention and pursuant to Section Whitewater, Wisconsin. According to 1996, Northern Border Pipeline 157.205 of the Regulations under the Applicant, the Facility is scheduled to Company (Northern Border), 1111 South Natural Gas Act (18 CFR 157.205) a commence commercial operation by 103rd Street, Omaha, Nebraska 68124– protest to the request. If no protest is June 1, 1997. Applicant states that the 1000, filed in Docket No. CP96–772–000 filed within the time allowed therefor, Facility is designed to generate a request pursuant to Sections 157.205 the proposed activity shall be deemed to approximately 245 megawatts of 48932 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices electrical capacity measured at summer 4. Western Power Services, Inc., Wilson Energy Services, Engelhard Power conditions. Power & Gas Smart, Inc., Jpower, Inc., Marketing, Koch Power Services, Inc., Comment date: September 30, 1996, Boyd Rosen and Associates, Inc., and Electric Clearinghouse, Entergy in accordance with Standard Paragraph SuperSystems, Inc. Services, Inc., Enron Power Marketing, E at the end of this notice. [Docket Nos. ER95–748–005, ER95–751–006, Inc., Rainbow Energy Marketing Corp., Morgan Stanley Capital Group, Inc., 2. LSP-Cottage Grove, L.P. ER95–1421–004, ER95–1572–002, and ER96– 906–001] Municipal Electric Authority of Georgia, [Docket No. EG96–91–000] Take notice that the following and Southeastern Power Administration On September 4, 1996, LSP-Cottage informational filings have been made (SEPA) under Rate GSS. Grove, L.P. (‘‘Cottage Grove’’), a with the Commission and are on file Comment date: September 24, 1996, Delaware limited partnership with its and available for public inspection and in accordance with Standard Paragraph principal place of business at 402 East copying in the Commission’s Public E at the end of this notice. Main Street, Bozeman, Montana 59715, Reference Room: 7. Duke Power Company filed with the Federal Energy Regulatory On July 30, 1996, Western Power Commission an application for Services, Inc. filed certain information [Docket No. ER96–2905–000] determination of exempt wholesale as required by the Commission’s May Take notice that on September 4, generator status pursuant to Part 365 of 16, 1995, order in Docket No. ER95– 1996, Duke Power Company (Duke), the Commission’s Regulations. 748–000. tendered for filing a Transmission Cottage Grove states that it is in the On August 26, 1996, Wilson Power & Service Agreement (TSA) between process of constructing a dispatchable, Gas Smart, Inc. filed certain information Duke, on its own behalf and acting as combined-cycle natural gas-fired (with as required by the Commission’s April agent for its wholly-owned subsidiary, fuel oil back-up) cogeneration facility 25, 1995, order in Docket No. ER95– Nantahala Power and Light Company, designed to generate approximately 245 751–000. and PanEnergy Power Services, Inc. megawatts of electrical capacity On August 21, 1996, Jpower, Inc. filed (PanEnergy). Duke states that the TSA measured at summer conditions, and certain information as required by the sets out the transmission arrangements 262 megawatts of electrical capacity at Commission’s August 25, 1995, order in under which Duke will provide winter conditions in Cottage Grove, Docket No. ER95–1421–000. PanEnergy non-firm point-to-point Minnesota (the ‘‘Facility’’). Cottage On July 17, 1996, Boyd Rosen and transmission service under its Pro Grove further states that the Facility will Associates, Inc. filed certain information Forma Open Access Transmission also produce a maximum of 190,000 as required by the Commission’s Tariff. pounds per hour of steam for sale. October 23, 1995, order in Docket No. Comment date: September 24, 1996, According to Cottage Grove, the Facility ER95–1572–000. in accordance with Standard Paragraph is scheduled to commence commercial On August 23, 1996, SuperSystems, E at the end of this notice. Inc. filed certain information as required operation by May 31, 1997. Cottage 8. Duke Power Company Grove states that most of the electrical by the Commission’s March 27, 1996, capacity and energy from the Facility order in Docket No. ER96–906–000. [Docket No. ER96–2906–000] will be directly sold by Cottage Grove to 5. Florida Power Corporation Take notice that on September 4, Northern States Power Company [Docket No. ER96–2903–000] 1996, Duke Power Company (Duke), (‘‘NSP’’) pursuant to a power purchase tendered for filing a Transmission agreement dated May 9, 1994. Take notice that on September 4, 1996, Florida Power Corporation (FPC), Service Agreement (TSA), between Comment date: September 30, 1996, tendered for filing a contract for the Duke, on its own behalf and acting as in accordance with Standard Paragraph provision of interchange service agent for its wholly-owned subsidiary, E at the end of this notice. between itself and Calpine Power Nantahala Power and Light Company, and South Carolina Electric & Gas 3. North American Energy Services Services Company. The contract Company (SCE&G). Duke states that the Company provides for service under Schedule J, Negotiated Interchange Service and OS, TSA sets out the transmission [Docket No. EG96–94–000] Opportunity Sales. arrangements under which Duke will On September 5, 1996, North FPC requests Commission waiver of provide SCE&G non-firm point-to-point American Energy Services Company, a the 60-day notice requirement in order transmission service under its Pro Washington corporation, 999 Lake to allow the contract to become effective Forma Open Access Transmission Drive, Suite 310, Issaquah, Washington as a rate schedule on September 5, 1996. Tariff. 98027 (‘‘Applicant’’), filed with the Waiver is appropriate because this filing Comment date: September 24, 1996, Federal Energy Regulatory Commission provides for rates under the Schedule in accordance with Standard Paragraph an application for determination of OS that are lower than the rates for E at the end of this notice. exempt wholesale generator status Schedule OS which have been 9. Cinergy Services, Inc. pursuant to Part 365 of the previously accepted for filing. Commission’s Regulations. Applicant Comment date: September 24, 1996, [Docket No. ER96–2907–000] states that it will be engaged in in accordance with Standard Paragraph Take notice that on September 4, managing daily operations and E at the end of this notice. 1996, Cinergy Services, Inc. (Cinergy), maintenance of eligible facilities to be 6. Louisville Gas and Electric Company tendered for filing on behalf of its constructed in Argentina: the 77 MW operating companies, The Cincinnati Central Termica Patagonia power plant [Docket No. ER96–2904–000] Gas & Electric Company (CG&E) and PSI located near Comodoro Rivadavia, Take notice that on September 4, Energy, Inc. (PSI), an Interchange Argentina. 1996, Louisville Gas and Electric Agreement, dated August 1, 1996 Comment date: September 30, 1996, Company, tendered for filing copies of between Cinergy, CG&E, PSI and in accordance with Standard Paragraph service agreements between Louisville Williams Energy Services Company E at the end of this notice. Gas and Electric Company and NorAm (WESCO). Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48933

The Interchange Agreement provides PECO’s FERC Electric Tariff, First A copy of the filing was served upon for the following services between Revised Volume No. 4 (Tariff). The the Parties and the State Utility Cinergy and WESCO. Service Agreement adds RG&E as a Regulatory Commissions of Indiana, 1. Exhibit A—Power Sales by WESCO. customer under the Tariff. Kentucky, Michigan, Ohio, Tennessee, 2. Exhibit B—Power Sales by Cinergy. PECO requests an effective date of Virginia and West Virginia. Cinergy and WESCO have requested August 30, 1996, for the Service Comment date: September 24, 1996, an effective date of September 9, 1996. Agreement. in accordance with Standard Paragraph Copies of the filing were served on PECO states that copies of this filing E at the end of this notice. Williams Energy Services Company, have been applied to RG&E and to the 15. Indianapolis Power & Light Oklahoma Corporation Commission, the Pennsylvania Public Utility Company Kentucky Public Service Commission, Commission. the Public Utilities Commission of Ohio Comment date: September 24, 1996, [Docket No. ES96–43–000] and the Indiana Utility Regulatory in accordance with Standard Paragraph Take notice that on September 3, Commission. E at the end of this notice. 1996, Indianapolis Power & Light Company filed an application, under Comment date: September 24, 1996, 13. Northeast Utilities Service Company in accordance with Standard Paragraph § 204 of the Federal Power Act, seeking E at the end of this notice. [Docket No. ER96–2911–000] authorization to issue unsecured Take notice that on September 5, promissory notes, from time to time, in 10. Interstate Power Company 1996, Northeast Utilities Service an aggregate principal amount of up to [Docket No. ER96–2908–000] Company (NUSCO), tendered for filing, $175 million outstanding at any one Take notice that on September 5, a Service Agreement to provide Long- time on or before December 31, 1998, 1996, Interstate Power Company (IPW), Term Firm Point-to-Point Transmission with final maturities not more than tendered for filing a replacement Service to The Connecticut Light and twelve (12) months after the date of Transmission Service Agreement Power Company, Western issuance. between IPW and Illinois Power Massachusetts Electric Company, Comment date: October 2, 1996, in Company (IP). Under the Transmission Holyoke Water Power Company, accordance with Standard Paragraph E Service Agreement, IPW will provide Holyoke Power and Electric Company at the end of this notice. non-firm point-to-point transmission and Public Service Company of New Standard Paragraph service to IP. Hampshire (together, the NU System Comment date: September 24, 1996, Companies) under the NU System E. Any person desiring to be heard or in accordance with Standard Paragraph Companies’ Open Access Transmission to protest said filing should file a E at the end of this notice. Service Tariff No. 8. The Service motion to intervene or protest with the Agreement provides for the delivery of Federal Energy Regulatory Commission, 11. Wisconsin Electric Power Company a sale of Power from the NU System 888 First Street, N.E., Washington, D.C. [Docket No. ER96–2909–000] Companies to the Citizens Lehman 20426, in accordance with Rules 211 Take notice that on September 5, Power Sales LP. and 214 of the Commission’s Rules of 1996, Wisconsin Electric Power NUSCO states that a copy of this filing Practice and Procedure (18 CFR 385.211 Company (Wisconsin Electric), tendered has been mailed to the NU System and 18 CFR 385.214). All such motions for filing an Electric Service Agreement Companies. or protests should be filed on or before and a Transmission Service Agreement Comment date: September 24, 1996, the comment date. Protests will be between itself and IUC Power Services in accordance with Standard Paragraph considered by the Commission in (IUC). The Electric Service Agreement E at the end of this notice. determining the appropriate action to be provides for service under Wisconsin taken, but will not serve to make 14. American Electric Power Service protestants parties to the proceeding. Electric’s Coordination Sales Tariff. The Corporation Transmission Service Agreement allows Any person wishing to become a party IUC to receive transmission service [Docket No. ER96–2912–000] must file a motion to intervene. Copies under Wisconsin Electric’s FERC Take notice that on September 5, of this filing are on file with the Electric Tariff, Original Volume No. 7, 1996, the American Electric Power Commission and are available for public under Docket No. OA96–196. Service Corporation (AEPSC), tendered inspection. Wisconsin Electric requests waiver of for filing service agreements, executed Lois D. Cashell, the Commission’s notice requirements by AEPSC and the following Parties, Secretary. and an effective date of September 15, under the AEP Companies’ Power Sales [FR Doc. 96–23766 Filed 9–16–96; 8:45 am] 1996 to allow for economic transactions. and/or Point-to-Point Transmission BILLING CODE 6717±01±P Copies of the filing have been served on Service Tariffs: Carolina Power & Light IUC, the Public Service Commission of Company, IUC Power Services, [Docket No. EC96±34±000, et al.] Wisconsin and the Michigan Public PacifiCorp Power Marketing, Inc., City Service Commission. of Shelby, Ohio, and Williams Energy State Line Energy, L.L.C., et al.; Comment date: September 24, 1996, Services Company. Electric Rate and Corporate Regulation in accordance with Standard Paragraph The Power Sales Tariff has been Filings E at the end of this notice. designated as FERC Electric Tariff, First September 9, 1996. 12. PECO Energy Company Revised Volume No. 2, effective October 1, 1995. The Transmission Tariff has Take notice that the following filings [Docket No. ER96–2910–000] been designated as FERC Electric Tariff have been made with the Commission: Take notice that on September 5, Original Volume No. 4, effective July 9, 1. State Line Energy, L.L.C. 1996, PECO Energy Company (PECO), 1996. AEPSC requests waiver of notice filed a Service Agreement dated August to permit the Service Agreements to be [Docket No. EC96–34–000] 30, 1996 with Rochester Gas and made effective for service billed on and Take notice that on September 3, Electric Corporation (RG&E) under after August 7, 1996. 1996, State Line Energy, L.L.C. tendered 48934 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices for filing an application requesting 32(a)(1) of the Public Utility Holding 7. Dayton Power and Light Company authorization to acquire certain Company Act of 1935, as amended by [Docket No. ER96–2274–000] jurisdictional facilities pursuant to Section 711 of the Energy Policy Act of Take notice that on August 19, 1996, Section 203 of the Federal Power Act. 1992. The applicant is a corporation that The Dayton Power and Light Company The application involves the proposed is engaged directly or indirectly and (DP&L) tendered for filing a supplement purchase by State Line Energy of the exclusively in owning and operating to its June 28, 1996, filing of an 490 MW coal-fired State Line eligible facilities and selling electric agreement dated June 25, 1996 between Generating Station location near Lake energy at wholesale and at retail abroad. DP&L and American Municipal Power- Michigan in Hammond, Indiana. Applicant is investing in a facility being Ohio with 30 MW of non-firm point-to- Comment date: September 30, 1996, developed in the Sindh Province of point transmission service from DP&L’s in accordance with Standard Paragraph Pakistan near the town of Daharki. The interconnection with Cincinnati Gas & E at the end of this notice. facility will consist initially of one 215 Electric Company to DP&L’s MW combined-cycle gas-fired plant. In 2. PanEnergy Trading and Market interconnection with the Ohio Edison a second phase, the capacity of the Services, L.L.C., et al. Company. Facility may be increased to as much as Comment date: September 23, 1996, [Docket No. EC96–35–000] 470 MW. The facility will include such in accordance with Standard Paragraph Take notice that on September 5, interconnection components as are E at the end of this notice. 1996, PanEnergy Power Services, Inc. necessary to interconnect the facility (PPSI), PanEnergy Trading and Market with the utility grid. 8. New Jersey Natural Energy Company Services, L.L.C. (PT&MLLC), and Mobil Comment date: September 30, 1996, [Docket No. ER96–2627–000] Natural Gas Inc. (MNGI) (collectively, in accordance with Standard Paragraph Take notice that on August 30, 1996, the Applicants) filed an application for E at the end of this notice. New Jersey Natural Energy Company approval to transfer wholesale power 5. Wisconsin Electric Power Company tendered for filing a supplement to its agreements from PPSI to PTMSI August 5, 1996, Petition filed in this Management, Inc. (PTMSI), and [Docket No. ER94–1625–002] docket. immediately thereafter to PT&MLLC, a Comment date: September 23, 1996, limited liability company jointly owned Take notice that Wisconsin Electric Power Company (Wisconsin Electric) on in accordance with Standard Paragraph by PTMSI and MNGI. E at the end of this notice. Comment date: September 30, 1996, August 8, 1996, tendered for filing a in accordance with Standard Paragraph supplemental refund report in 9. E Prime, Inc. E at the end of this notice. accordance with the Commission’s June 13, 1996, order in the above-referenced [Docket No. ER96–2767–000] 3. Kalaeloa Partners, L.P. proceeding. Take notice that on August 19, 1996, E Prime, Inc. tendered for filing a letter Copies of the filing have been served [Docket No. EG96–89–000] approving its application for on the City of Geneva, Illinois, the City On August 30, 1996, Kalaeloa membership in the Western Systems of Kiel, Wisconsin, the Illinois Partners, L.P. (‘‘Kalaeloa’’), with its Power Pool. principal office located at 202 Carnegie Commerce Commission, and the Public Comment date: September 23, 1996, Center, Suite 100, Princeton, NJ 08540, Service Commission of Wisconsin. in accordance with Standard Paragraph filed with the Federal Energy Regulatory Comment date: September 23, 1996, E at the end of this notice. Commission an application for in accordance with Standard Paragraph Determination of Exempt Wholesale E at the end of this notice. 10. Sierra Pacific Power Company Generator Status pursuant to Part 365 of 6. Arizona Public Service Company [Docket No. ER96–2770–000] the Commission’s Regulations. Take notice that on August 20, 1996, Kalaeloa states that it is a Delaware [Docket No. ER96–2205–000 and ER96– Sierra Pacific Power Company (Sierra) limited partnership. Kalaeloa is engaged 2237–000] tendered for filing a Special Facilities directly and exclusively in owning a Take notice that on August 16, 1996, Agreement between Sierra and Wells 209 MW fuel oil fired power plant (the Arizona Public Service Company (APS) Rural Electric Company. ‘‘Facility’’) located in Oahu, Hawaii and tendered for filing an amendment to its Comment date: September 23, 1996, selling energy at wholesale from the June 25, 1996, filing in Docket No. in accordance with Standard Paragraph Facility to a Hawaiian electric public ER96–2237–000 and its June 21, 1996, E at the end of this notice. utility. In addition, steam cogenerated filing in Docket No. ER96–2205–000. from the Facility will be sold to an 11. Texas Utilities Electric Company APS requests waiver of the independent refinery. [Docket No. ER96–2844–000] Comment date: September 30, 1996, Commission’s Notice Requirements to allow for an effective date of November Take notice that on August 29, 1996, in accordance with Standard Paragraph Texas Utilities Electric Company (TU E at the end of this notice. 21, 1991 for the Interconnection of the Waddell 230 Kv Transmission Line at Electric) tendered for filing three 4. Entergy Power Development the Westwing Substation. executed transmission service Corporation agreements (TSA’s) with National Gas & A copy of this filing has been served Electric, L.P., Morgan Stanley Capital [Docket No. EG96–92–000] on the Arizona Corporation Group, Inc. and Aquila Power On September 4, 1996, Entergy Power Commission, the Nevada Public Service Corporation for certain Economy Energy Development Corporation, Three Commission, the Salt River Project, Transmission Service under TU Financial Centre, Suite 210, 900 South Tucson Electric Power Company, the Electric’s Tariff for Transmission Shackleford Road, Little Rock, Arkansas United States Bureau of Reclamation, Service To, From and Over Certain 72211, filed with the Federal Energy and Nevada Power Company. HVDC Interconnections. Regulatory Commission an application Comment date: September 23, 1996, TU Electric requests an effective date for redetermination of exempt wholesale in accordance with Standard Paragraph for the TSA’s that will permit them to generator status pursuant to Section E at the end of this notice. become effective on or before the service Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48935 commencement date under each of the Commission for acceptance of its Rate with the Federal Energy Regulatory three TSA’s. Accordingly, TU Electric Schedule FERC No. 1; the granting of Commission an executed Service seeks waiver of the Commission’s notice certain blanket approvals, including the Agreement between NMPC and VTEC requirements. Copies of the filing were authority to sell electricity at market- Energy Inc. (VTEC). This Service served on National Gas & Electric, L.P., based rates; and the waiver of certain Agreement specifies that VTEC has Morgan Stanley Capital Group, Inc. and Commission Regulations. US Energy, signed on to and has agreed to the terms Aquila Power Corporation as well as the Inc. is a privately held, international and conditions of NMPC’s Power Sales Public Utility Commission of Texas. firm, incorporated in Freeport, Grand Tariff designated as NMPC’s FERC Comment date: September 23, 1996, Bahamas, with U.S. offices located in Electric Tariff, Original Volume No. 2. in accordance with Standard Paragraph Jacksonville, Florida. This Tariff, approved by FERC on April E at the end of this notice. Comment date: September 23, 1996, 15, 1994, and which has an effective 12. Louisville Gas and Electric in accordance with Standard Paragraph date of March 13, 1993, will allow Company E at the end of this notice. NMPC and VTEC to enter into separately scheduled transactions under 16. Idaho Power Company [Docket No. ER96–2876–000] which NMPC will sell to VTEC capacity Take notice that on September 3, [Docket No. ER96–2880–000] and/or energy as the parties may 1996, Louisville Gas and Electric Take notice that on September 3, mutually agree. Company (LG&E), tendered for filing a 1996, Idaho Power Company (IPC), In its filing letter, NMPC also copy of a Non-Firm Transmission tendered for filing in accordance with included a Certificate of Concurrence Agreement between Louisville Gas and 18 CFR Part 35 of the Commission’s executed by the Purchaser. Electric Company and PacifiCorp Power Rules and Regulations, a Notice of NMPC requests an effective date of Marketing, Inc. under Rate TS. Cancellation for IPC’s Rate Schedule August 22, 1996. NMPC has requested Comment date: September 23, 1996, FERC No. 131, the Interim Agreement to waiver of the notice requirements for in accordance with Standard Paragraph secure firm transmission through IPC’s good cause shown. E at the end of this notice. transmission system to facilitate the NMPC has served copies of the filing 13. Louisville Gas and Electric proposed merger of Washington Water upon the New York State Public Service Company Power and Sierra Pacific Power. Commission and VTEC. Copies of this filing were supplied to Comment date: September 23, 1996, [Docket No. ER96–2877–000] Washington Water Power and Sierra in accordance with Standard Paragraph Take notice that on September 3, Pacific Power. E at the end of this notice. 1996, Louisville Gas and Electric Comment date: September 23, 1996, 20. New York State Electric & Gas Company (LG&E), tendered for filing a in accordance with Standard Paragraph Corporation copy of a Purchase and Sales Agreement E at the end of this notice. between LG&E and Duke/Louis Dreyfus [Docket No. ER96–2886–000] L.L.C. under Rate Schedule GSS— 17. Cinergy Services, Inc. Take notice that on September 3, Generation Sales Service. [Docket No. ER96–2881–000] Comment date: September 23, 1996, 1996, New York State Electric & Gas in accordance with Standard Paragraph Take notice that on September 3, Corporation (NYSEG), tendered for E at the end of this notice. 1996, Cinergy Services, Inc. (Cinergy), filing a supplement to its Agreement tendered for filing a service agreement with Consolidated Edison Company of 14. Kansas City Power & Light under Cinergy’s Open Access New York, Inc. (Con Edison), designated Company Transmission Service Tariff (the Tariff) Rate Schedule FERC No. 87. The [Docket No. ER96–2878–000] entered into between Cinergy and Coral supplement is made pursuant to the rate Take notice that on September 3, Power, L.L.C. update provisions of the rate schedule. 1996, Kansas City Power & Light Comment date: September 23, 1996, NYSEG requests an effective date of Company (KCPL), tendered for filing a in accordance with Standard Paragraph September 1, 1996, and, therefore, Service Agreement dated August 28, E at the end of this notice. requests waiver of the Commission’s notice requirements. 1996, by KCPL. KCPL proposes an 18. Russell Energy Services Company effective date of September 1, 1996 and Copies of the filing were served upon requests waiver of the Commission’s [Docket No. ER96–2882–000] Consolidated Edison Company of New notice requirement to allow the Take notice that on September 3, York and on the Public Service requested effective date. This 1996, Russell Energy Services Company Commission of the State of New York. Agreement provides for the rates and (RESCo), petitioned the Commission for Comment date: September 23, 1996, charges for Firm Transmission service acceptance of RESCo’s Rate Schedule in accordance with Standard Paragraph by KCPL for a wholesale transmission. FERC Tariff No. 1; the granting of E at the end of this notice. certain blanket approvals, including the In its filing, KCPL states that the rates 21. Southern Company Services, Inc. included in the above-mentioned authority to sell electricity at market Service Agreement are KCPL’s rates and based rates, and waiver of certain [Docket No. ER96–2888–000] charges in the compliance filing to Commission Regulations. Take notice that on September 3, FERC Order 888 in Docket No. OA96– Comment date: September 23, 1996, 1996, Southern Company Services, Inc. 4–000. in accordance with Standard Paragraph (SCSI), acting on behalf of Alabama Comment date: September 23, 1996, E at the end of this notice. Power Company, Georgia Power in accordance with Standard Paragraph 19. Niagara Mohawk Power Company, Gulf Power Company, E at the end of this notice. Corporation Mississippi Power Company and Savannah Electric and Power Company 15. US Energy, Inc. [Docket No. ER96–2885–000] (collectively referred to as Southern [Docket No. ER96–2879–000] Take notice that on September 3, Companies) filed service agreements Take notice that on September 3, 1996, Niagara Mohawk Power under Southern Companies’ Market- 1996, US Energy, Inc. petitioned the Corporation (NMPC), tendered for filing Based Rate Power Sales Tariff (FERC 48936 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Electric Tariff, Original Volume No. 4) 24. Boston Edison Company between Cinergy, CG&E, PSI and with the following entities: (i) [Docket No. ER96–2891–000] PacifiCorp Power Marketing, Inc. PacifiCorp Power Marketing; and (ii) (PacifiCorp PM). Take notice that on September 3, Progress Power Marketing, Inc. SCSI The Interchange Agreement provides 1996, Boston Edison Company (Boston states that the service agreements will for the following service between Edison), tendered for filing a Service enable Southern Companies to engage in Cinergy and PacifiCorp PM: Agreement and Appendix A under short-term market-based rate 1. Exhibit A—Power Sales by PacifiCorp Original Volume No. 6, Power Sales and transactions with these entities. PM Exchange Tariff (Tariff) for Duke/Louis 2. Exhibit B—Power Sales by Cinergy Comment date: September 23, 1996, Dreyfus, L.L.C. (Duke). Boston Edison Cinergy and PacifiCorp PM have in accordance with Standard Paragraph requests that the Service Agreement requested an effective date of September E at the end of this notice. become effective as of August 1, 1996. Edison states that it has served a copy 9, 1996. 22. Niagara Mohawk Power Copies of the filing were served on of this filing on Duke and the Corporation PacifiCorp Power Marketing, Inc., Massachusetts Department of Public Oregon Public Utility Commission, the [Docket No. ER96–2889–000] Utilities. Kentucky Public Service Commission, Take notice that on September 3, Comment date: September 23, 1996, the Public Utilities Commission of Ohio 1996, Niagara Mohawk Power in accordance with Standard Paragraph and the Indiana Utility Regulatory Corporation (NMPC), tendered for filing E at the end of this notice. Commission. with the Federal Energy Regulatory 25. NGTS Energy Services Comment date: September 23, 1996, Commission an executed Service in accordance with Standard Paragraph [Docket No. ER96–2892–000] Agreement between NMPC and USGen E at the end of this notice. Power Services, LP (USGen). This Take notice that on September 3, Service Agreement specifies that USGen 1996, NGTS Energy Services (NES), 28. Southwestern Electric Power has signed on to and has agreed to the tendered for filing pursuant to Section Company terms and conditions of NMPC’s Power 205, 18 CFR 385.205, a petition for [Docket No. ER96–2895–000] Sales Tariff designated as NMPC’s FERC waivers and blanket approvals under Take notice that on September 4, Electric Tariff, Original Volume No. 2. various regulations of the Commission 1996, Southwestern Electric Power This Tariff, approved by FERC on April and for an order accepting in FERC Company (SWEPCO), tendered for filing 15, 1994, and which has an effective Electric Rate Schedule No. 1 to be an executed Scheduling Agent date of March 13, 1993, will allow effective no later than 60 days from the Agreement between SWEPCO and the NMPC and USGen to enter into date of its filing. City of Bentonville, Arkansas separately scheduled transactions under NES intends to engage in electric (Bentonville) and an executed which NMPC will sell to USGen power and energy transactions as a Amendment No. 2 to the Power Supply capacity and/or energy as the parties marketer and a broker. In transactions Agreement between SWEPCO and may mutually agree. where NES sells electric energy, it Bentonville. SWEPCO states that the In its filing letter, NMPC also proposes to make such sales on rates, agreements (1) document an included a Certificate of Concurrence terms, and conditions to be mutually arrangement whereby SWEPCO will act executed by the Purchaser. agreed to with the purchasing party. as Bentonville’s scheduling agent for the NMPC requests an effective date of NES is not in the business of generating, purpose of bringing Southwestern August 16, 1996. NMPC has requested transmitting, or distributing electric Power Administration (SPA) power to waiver of the notice requirements for power. Bentonville’s system and (2) coordinate good cause shown. Comment date: September 23, 1996, the termination dates for the two NMPC has served copies of the filing in accordance with Standard Paragraph agreements and Bentonville’s contract upon the New York State Public Service E at the end of this notice. with SPA. Commission and USGen. 26. Louisville Gas and Electric SWEPCO requests an effective date of Comment date: September 23, 1996, Company September 27, 1995, for both the Scheduling Agent Agreement and in accordance with Standard Paragraph [Docket No. ER96–2893–000] E at the end of this notice. Amendment No. 2. Accordingly, Take notice that on September 3, SWEPCO seeks waiver of the 23. Boston Edison Company 1996, Louisville Gas and Electric Commission’s notice requirements. Company (LG&E), tendered for filing a [Docket No. ER96–2890–000] Copies of this filing have been served on copy of a Purchase and Sales Agreement Bentonville, SPA and the Arkansas Take notice that on September 3, between LG&E and PacifiCorp Power Public Service Commission. 1996, Boston Edison Company (Boston Marketing, Inc. under Rate Schedule Comment date: September 23, 1996, Edison), tendered for filing a Service GSS—Generation Sales Service. in accordance with Standard Paragraph Agreement and Appendix A under Comment date: September 23, 1996, E at the end of this notice. Original Volume No. 6, Power Sales and in accordance with Standard Paragraph Exchange Tariff (Tariff) for Coral Power, E at the end of this notice. 29. Central Illinois Public Service L.L.C. (Coral). Boston Edison requests Company 27. Cinergy Services, Inc. that the Service Agreement become [Docket No. ER96–2896–000] effective as of September 1, 1996. [Docket No. ER96–2894–000] Take notice that on September 4, Edison states that it has served a copy Take notice that on September 4, 1996, Central Illinois Public Service of this filing on Coral and the 1996, Cinergy Services, Inc. (Cinergy), Company (CIPS) submitted a service Massachusetts Department of Public tendered for filing on behalf of its agreement, dated August 15, 1996, Utilities. operating companies, The Cincinnati establishing Commonwealth Edison Comment date: September 23, 1996, Gas & Electric Company (CG&E) and PSI Company (ComEd) as a customer under in accordance with Standard Paragraph Energy, Inc. (PSI), an Interchange the terms of CIPS’ Open Access E at the end of this notice. Agreement, dated August 1, 1996 Transmission Tariff. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48937

CIPS requests an effective date of Comment date: September 23, 1996, 35. Florida Power & Light Company August 15, 1996 for the service in accordance with Standard Paragraph [Docket No. ER96–2902–000] agreement. Accordingly, CIPS requests E at the end of this notice. Take notice that on September 4, waiver of the Commission’s notice 32. Southern Company Services, Inc. 1996, Florida Power & Light Company requirements. Copies of this filing were (FPL) filed the Contract for Purchases served upon ComEd and the Illinois [Docket No. ER96–2899–000] and Sales of Power and Energy between Commerce Commission. Take notice that on September 4, FPL and Aquila Power Corporation. FPL 30. Commonwealth Edison Company 1996, Southern Company Services, Inc. requests an effective date of September (SCSI), acting on behalf of Alabama [Docket No. ER96–2897–000] 6, 1996. Power Company, Georgia Power Comment date: September 23, 1996, Take notice that on September 4, Company, Gulf Power Company, in accordance with Standard Paragraph 1996, Commonwealth Edison Company Mississippi Power Company and E at the end of this notice. (ComEd), submitted for filing five Savannah Electric and Power Company Service Agreements, establishing AIG (collectively referred to as Southern Standard Paragraph Trading Corporation (AIG), Jacksonville Companies) filed service agreements E. Any person desiring to be heard or Electric Authority (JEA), Coral Power, under Southern Companies’ Market- to protest said filing should file a L.L.C. (Coral), Rochelle Municipal Based Rate Power Sales Tariff (FERC motion to intervene or protest with the Utilities (Rochelle), and Phibro, Inc. Electric Tariff, Original Volume No. 4) Federal Energy Regulatory Commission, (Phibro), as customers under the terms with the following entities: (i) Entergy 888 First Street, N.E., Washington, D.C. of ComEd’s Power Sales Tariff PS–1 Services, Inc.; (ii) Williams Energy 20426, in accordance with Rules 211 (PS–1 Tariff). The Commission has Services Company; (iii) Acquila Power and 214 of the Commission’s Rules of previously designated the PS–1 Tariff as Corporation; (iv) Arkansas Electric Practice and Procedure (18 CFR 385.211 FERC Electric Tariff, Original Volume Cooperative Corporation; (v) Jonesboro and 18 CFR 385.214). All such motions No. 2. City Water & Light; (vi) TransCanada or protests should be filed on or before ComEd requests an effective date of Power Corp.; and (vii) CNB Power the comment date. Protests will be August 5, 1996 for the Service Services Corporation. SCSI states that considered by the Commission in Agreements between ComEd and AIG, the service agreements will enable determining the appropriate action to be JEA, Coral, and Rochelle, and an Southern Companies to engage in short- taken, but will not serve to make effective date of August 6, 1996 for the term market-based rate transactions protestants parties to the proceeding. Service Agreement between ComEd and Any person wishing to become a party Phibro, and accordingly seeks waiver of with these entities. Comment date: September 23, 1996, must file a motion to intervene. Copies the Commission’s requirements. Copies of this filing are on file with the of this filing were served upon AIG, in accordance with Standard Paragraph E at the end of this notice. Commission and are available for public JEA, Coral, Rochelle, Phibro and the inspection. Illinois Commerce Commission. 33. Northeast Utilities Service Company Comment date: September 23, 1996, Lois D. Cashell, in accordance with Standard Paragraph [Docket No. ER96–2900–000] Secretary. E at the end of this notice. Take notice that on September 4, [FR Doc. 96–23686 Filed 9–16–96; 8:45 am] BILLING CODE 6717±01±P 31. Long Island Lighting Company 1996, Northeast Utilities Service Company (NUSCO), tendered for filing [Docket No. ER96–2898–000] a Service Agreement with Plum Street [Docket No. CP96±610±000] Take notice that on September 4, Enterprises (PSE) under the NU System 1996, Long Island Lighting Company Companies System Power Sales/ Granite State Gas Transmission, Inc.; (LILCO), tendered for filing an Exchanges, Tariff No. 6. Notice of Intent To Prepare a amendment to its filing of September NUSCO states that a copy of this filing Supplement to the Draft Environmental 27, 1995, concerning an Interconnection has been mailed to PSE. Impact Statement for the Proposed Construction and Interconnection NUSCO requests that the Service Granite State LNG Project and Request Agreement (ICIA) between LILCO and Agreement become effective August 1, for Comments on Alternative Siting the Village of Freeport (Freeport). 1996. Issues The ICIA provides, among other Comment date: September 23, 1996, things, for the installation and initial September 11, 1996. in accordance with Standard Paragraph construction of a new 138 KiloVolt On January 29, 1996, the Federal E at the end of this notice. interconnection between LILCO’s and Energy Regulatory Commission (FERC) Freeport’s electric system. It also 34. Southwestern Public Service issued a Draft Environmental Impact provides for the on-going operation, Company Statement (DEIS) for the proposed Granite State Gas Transmission Inc.’s maintenance, repair, replacement, [Docket No. ER96–2901–000] relocation, and removal of such (Granite State) LNG Project in Docket interconnection. LILCO requests a Take notice that on September 4, No. CP95–52–000. However, on June 21, waiver of the Commission’s notice 1996, Southwestern Public Service 1996, the Director of the Office of requirements to permit the ICIA to Company (Southwestern), submitted Pipeline Regulation of FERC dismissed become effective on September 5, 1996. executed service agreements under its the CP95–52–000 application without The amendments to LILCO’s filing open access transmission tariff with prejudice to the refiling by Granite State consist of updates and clarifications West Texas Municipal Power Agency to change its proposal from a winter requested by Commission staff. (WTMPA). The service agreements are baseload to a peakshaving service. The LILCO states that copies of this filing umbrella agreements for firm and non- dismissal letter also stated that all of the have been served by LILCO on the New firm point-to-point transmission service. environmental information would be York State Public Service Commission, Comment date: September 23, 1996, retained by the FERC staff and that the New York Power Authority, and in accordance with Standard Paragraph Granite State could incorporate this Freeport. E at the end of this notice. material by reference if, and when, it 48938 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices filed a new application reflecting a already closed. If you have already 2 a. Type of Application: Amendment peakshaving facility. Subsequently, submitted comments on the DEIS and/ of License. Granite State filed an application in or the July 11, 1996 NOI, you should not b. Project No.: 2743–029. Docket No. CP96–610–000 to reflect a resubmit them. c. Date filed: August 9, 1996. • Address your letter to: Lois Cashell, change in the nature of the service from d. Applicant: Alaska Energy Secretary, Federal Energy Regulatory a winter baseload service to both an Authority. interim baseload and an ultimate Commission, 888 First Street, NE., peakshaving service. Granite State states Washington, DC 20426. e. Name of Project: Terror Lake. that the LNG facility proposed in this • Reference Docket No. CP96–610– f. Location: The project is located application is identical to the facility 000. approximately 25 miles southwest of the proposed in Docket No. CP95–52–000. • Send a copy of your letter to: Mr. City of Kodiak, Alaska on the Terror and On July 11, 1996, the FERC issued a Chris Zerby, EIS Project Manager, Kizhuyak rivers and their tributaries. Notice of Intent (NOI) To Prepare a Federal Energy Regulatory Commission, g. Filed Pursuant to: Federal Power Final Environmental Impact Statement 888 First Street, NE, Room 72–55, Act, 16 U.S.C. § 791(a)-825(r). for the Granite State LNG Project and Washington, DC 20426; and h. Applicant Contact: Mr. William R. stated that a new DEIS would not be • Mail your comments so that they Snell, Executive Director, Alaska Energy issued for public comment. However, are received in Washington, DC on or Authority, 480 West Tudor Road, the notice did provide a 15-day period before October 11, 1996. Anchorage, Alaska 99503, Phone: (907) to file additional comments on For further information on the EIS 269–3000. environmental topics to be addressed in process for this project, call Robert i. FERC Contact: Buu T. Nguyen, (202) the FEIS as a result of the new Arvedlund, Chief, Environmental 219–2913. application. Review and Compliance Branch I, at j. Comment Date: October 15, 1996. A number of commenters to the DEIS (202) 208–0091 or Mr. Zerby at (202) and to the July 11, 1996 NOI do not 208–0111. k. Description of Amendment: The licensee proposes to construct an believe that the siting range for the Lois D. Cashell, proposed LNG facility should be limited erosion control project comprised of a Secretary. series of three spur dikes and an to the 32-mile range examined in the [FR Doc. 96–23763 Filed 9–16–96; 8:45 am] DEIS. They believe that sites south of overflow control dike adjacent to the BILLING CODE 6717±01±M Eliot, Maine (the furthest area south of Kizhuyak River, immediately upstream Wells studied in the DEIS) to Haverhill, of the outfall of the project’s tailrace. Massachusetts should be studied in [Project Nos. 10502±033, et al.] The purpose of the dikes is to provide detail. Haverhill was identified in the protection of project’s facilities from DEIS as the optimum location for an Hydroelectric Applications [Garkane erosion and flooding by the Kizhuyak LNG peakshaving facility to serve Power Association, et al.]; Notice of River. The licensee proposes to customers of the Portland Natural Gas Applications complete the work in 1996. Transmission System (PNGTS) in terms Take notice that the following l. This notice also consists of the of engineering/pipeline flow objectives hydroelectric applications have been following standard paragraphs: B, C1, but it was beyond the DEIS study area. filed with the Commission and are and D2. We agree that further study of sites available for public inspection: 3 a. Type of Application: Major south of Eliot, Maine is warranted, and 1 a. Type of Application: Approval of License. will also expand the analysis to sites As-Built Drawings and Amendment of b. Project No.: 11214–001. north of the area studied in the DEIS License. along both the PNGTS and Granite State c. Date Filed: February 22, 1995. b. Project No: 10502–033. systems for the following additional d. Applicant: Southwestern Electric c. Date Filed: March 1, 1995. Cooperative, Inc. reasons: (1) Granite State confirmed that Supplemental Filing: June 17, 1996. once PNGTS is in full service, the d. Applicant: Garkane Power e. Name of Project: Carlyle Reservoir. proposed LNG facility in Wells, ME Association. f. Location: On the Kaskaskia River could be moved anywhere along the e. Name of Project: Lower Boulder near the City of Carlyle, Clinton County, Granite State pipeline or anywhere Creek Hydropower Project. Illinois. along the PNGTS section that parallels f. Location: Garfield County, Boulder, g. Filed Pursuant to: Federal Power the Granite State pipeline; and (2) the Utah. Act, 16 U.S.C. §§ 791(a)–825(r). siting decision for a major industrial g. Filed Pursuant to: Federal Power h. Applicant Contact: Mr. Robert facility should be based on the long- Act, 16 U.S.C. Section 791(a)-825(r). Weinberg, 1615 M Street, N.W.—Suite term intended use of the facility, rather h. Applicant Contact: Mr. Carl 800, Washington, DC 20036, (202) 467– than on a short-term interim service Albrecht, Garkane Power Association, 6370. which may never be used. We are 56 East Center Street, P.O. Box 790, i. FERC Contact: Charles T. Raabe hereby specifically requesting recipients Richfield, UT 84701, (801) 896–5403. (202) 219–2811. of this NOI to provide the staff with i. FERC Contact: Susan Tseng, (202) information on potential sites from 219–2798. j. Deadline Date: November 16, 1996. Portland, Maine to Haverhill, j. Comment Date: October 15, 1996. k. Status of Environmental Analysis: Massachusetts which are or could be k. Description of Project: The licensee This application is ready for available for potential LNG peakshaving filed as-built exhibits following the environmental analysis at this time—see use. completion of project construction. The attached paragraph D9. The Supplement to the DEIS will as-built exhibit G drawing shows the l. Description of Project: The proposed focus solely on an expanded alternative project boundary has been increased to project would utilize the existing U.S. siting analysis. Comments on other include 38.7 acres of federal lands. Army Corps of Engineers’ Carlyle Dam environmental issues associated with l. This notice also consists of the and Reservoir and would consist of: (1) the DEIS will not be accepted. The following standard paragraphs: B, C1, An intake structure, placed below pool comment period for those issues has and D2. surface, which includes a fish screen/ Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48939 trashrack with 1.5-inch spaced k. Status of Environmental Analysis: i. FERC Contact: Buu T. Nguyen, (202) horizontal bars; (2) five intake conduits The application is ready for 219–2913. (penstocks), each with a 96-inch inside environmental analysis at this time—see j. Comment Date: October 17, 1996. diameter, approximately 680 feet long, attached paragraph D10. k. Description of Amendment: The placed about 500 feet east of the center l. Description of Project: The existing licensee proposes to install temporary 2- of the spillway; (3) a 35-foot-wide by 73- project consists of (1) a 60-foot-high, foot-high wooden flashboards on the foot-long concrete and brick masonry 204-foot-long concrete overflow Hudson Falls Dam. The New York State powerhouse equipped with: (a) five diversion dam impounding a 27-acre Department of Environmental semi-kaplan type submersible reservoir at crest elevation 1,913 feet, Conservation (NYSDEC) requested the generating units, each with a rated mean sea level; (2) a gated intake flashboards to facilitate an ongoing PCB capacity of 800 kilowatts (kW), two structure at the left abutment with trash investigation and remediation program turbines with variable pitch blades and racks; (3) a 104-foot-long, 20-foot-wide at the General Electric Company’s three with fixed pitch blades; and (b) a sediment trap; (4) water conduit Hudson Falls manufacturing facility on hydraulic capacity ranging from 200 consisting of 42,884 feet of tunnel, 390 the opposite side of the river from the cubic feet per second (cfs) to 1,700 cfs; feet of rectangular flume, 904 feet of project. The NYSDEC indicated the (4) a 1,400-foot-long, 5 kilovolt (kV), Lennon flume on steel structure, and temporary flashboards would help to buried underground section of primary 612 feet of arched-concrete conduit; (5) prevent high river flows from entering transmission line and a 3,000-foot-long a 45-foot-long, 33-foot-wide, 11-foot- the work area below the dam and section of above ground transmission deep forebay; (6) a 1,693-foot-long increase the safety of working line; and (5) appurtenant facilities. The buried penstock, with inside diameter conditions. project would have an estimated average varying from 108 inches at the intake to l. This notice also consists of the 3 following standard paragraphs: B, C1, annual generation of 15,000,000 kWh. 71 ⁄8 inches at the powerhouse; (7) a The application was filed during the 170-foot-long, 71-foot-wide, reinforced and D2. term of applicant’s preliminary permit. concrete powerhouse containing four Standard Paragraphs generating units with a total installed m. Purpose of Project: Project power A4. Development Application— capacity of 26.3 MW; (8) a rectangular would be utilized by the applicant for Public notice of the filing of the initial tailrace that discharges flows over a sale to its customers. development application, which has weir section into the Kern River; (9) two n. This notice also consists of the already been given, established the due 1.9-mile-long, 66-kV transmission lines following standard paragraphs: A4, and date for filing competing applications or tying into the applicant’s transmission D9. notices of intent. Under the system; and (10) appurtenant facilities. o. Available Locations of Application: Commission’s regulations, any A copy of the application, as amended m. Purpose of Project: The Kern River No. 1 project produces an average competing development application and supplemented, is available for must be filed in response to and in inspection and reproduction at the annual output of 178.6 GWh. Power generated at the project is delivered to compliance with public notice of the Commission’s Public Reference Branch, initial development application. No located at 888 First Street, N.E., customers within the applicant’s service area. competing applications or notices of Washington, D.C. 20426, or by calling intent may be filed in response to this (202) 208–1371. A copy is also available n. This notice also consists of the following standard paragraphs: A4 and notice. for inspection and reproduction at B. Comments, Protests, or Motions to Barnes, Henry, Meisenheimer and D10. o. Locations of Application: A copy of Intervene—Anyone may submit Gende, Inc., 4658 Gravois Ave., St. comments, a protest, or a motion to Louis, Missouri 63116, (314) 352–8630, the application, as amended and supplemented, is available for intervene in accordance with the and at Southwestern Electric requirements of Rules of Practice and Cooperative, Inc., South Elm Street and inspection and reproduction at the Commission’s Public Reference and Procedure, 18 CFR 385.210, .211, .214. Route 40, Greenville, Illinois 62246, In determining the appropriate action to (618) 664–1025. Files Maintenance Branch, located at 888 First Street, NE, Room 2A, take, the Commission will consider all 4 a. Type of Application: Major Washington, DC 20426, or by calling protests or other comments filed, but Relicense. (202) 208–1371. A copy is also available only those who file a motion to b. Project No.: 1930–014. for inspection and reproduction at the intervene in accordance with the c. Date filed: May 2, 1994. applicant’s office (see item (h) above). Commission’s Rules may become a d. Applicant: Southern California party to the proceeding. Any comments, 5 a. Type of Application: Amendment Edison Company. protests, or motions to intervene must e. Name of Project: Kern River No. 1. of License. b. Project No.: 5276–041. be received on or before the specified f. Location: On the Kern River in Kern c. Dated filed: August 21, 1996. comment date for the particular County, California, within Sequoia d. Applicant: Northern Electric Power application. National Forest. Company, L.P. and Niagara Mohawk C1. Filing and Service of Responsive g. Filed Pursuant to: Federal Power Power Corporation. Documents—Any filings must bear in Act, 16 USC 791(a)-825(r). e. Name of Project: Hudson Falls. all capital letters the title h. Applicant Contact: Mr. C. Edward f. Location: The project is located on ‘‘COMMENTS’’, Miller, Manager of Hydro Generation, the Hudson River, in Saratoga and ‘‘RECOMMENDATIONS FOR TERMS Southern California Edison Company, Warren Counties, New York. AND CONDITIONS’’, ‘‘PROTEST’’, OR P.O. Box 800, 2244 Walnut Grove g. Filed pursuant to: Federal Power ‘‘MOTION TO INTERVENE’’, as Avenue, Rosemead, CA 91770, (818) Act, 16 U.S.C. § 791(a)-825(r). applicable, and the Project Number of 302–1564. h. Applicant Contact: Mr. Keith F. the particular application to which the i. FERC Contact: Surender M. Yepuri, Corneau, Vice President, Adirondack filing refers. Any of the above-named P.E., (202) 219–2847. Resource Management Assoc., P.O. 829, documents must be filed by providing j. Deadline Date: See attached Two Franklin Square, Saratoga Springs, the original and the number of copies paragraph D10. NY 12866, Phone: (518) 587–4300. provided by the Commission’s 48940 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices regulations to: The Secretary, Federal Commission, 888 First Street, N.E., filing must be accompanied by proof of Energy Regulatory Commission, 888 Washington, D.C. 20426. An additional service on all persons listed on the First Street, N.E., Washington, D.C. copy must be sent to Director, Division service list prepared by the Commission 20426. A copy of any motion to of Project Review, Office of Hydropower in this proceeding, in accordance with intervene must also be served upon each Licensing, Federal Energy Regulatory 18 CFR 4.34(b), and 385.2010. representative of the Applicant Commission, at the above address. Each Dated: September 11, 1996, Washington, specified in the particular application. filing must be accompanied by proof of D.C. D2. Agency Comments—Federal, service on all persons listed on the Lois D. Cashell, state, and local agencies are invited to service list prepared by the Commission Secretary. file comments on the described in this proceeding, in accordance with application. A copy of the application 18 CFR 4.34(b), and 385.2010. [FR Doc. 96–23765 Filed 9–16–96; 8:45 am] may be obtained by agencies directly D10. Filing and Service of Responsive BILLING CODE 6717±01±P from the Applicant. If an agency does Documents—The application is ready not file comments within the time for environmental analysis at this time, specified for filing comments, it will be and the Commission is requesting Federal Energy Regulatory presumed to have no comments. One comments, reply comments, Commission copy of an agency’s comments must also recommendations, terms and be sent to the Applicant’s conditions, and prescriptions. [Docket No. CP95±194±003, et al.] representatives. The Commission directs, pursuant to D9. Filing and Service of Responsive section 4.34(b) of the regulations (see Northern Border Pipeline Company, et Documents—The application is ready Order No. 533 issued May 8, 1991, 56 al.; Natural Gas Certificate Filings for environmental analysis at this time, FR 23108, May 20, 1991) that all September 10, 1996. and the Commission is requesting comments, recommendations, terms and Take notice that the following filings comments, reply comments, conditions and prescriptions concerning have been made with the Commission: recommendations, terms and the application be filed with the conditions, and prescriptions. Commission within 60 days from the 1. Northern Border Pipeline Company The Commission directs, pursuant to issuance date of this notice (November [Docket No. CP95–194–003] section 4.34(b) of the regulations (see 12, 1996 for P–1930–014). All reply Order No. 533 issued May 8, 1991, 56 comments must be filed with the Take notice that on September 4, FR 23108, May 20, 1991) that all Commission within 105 days from the 1996, Northern Border Pipeline comments, recommendations, terms and date of this notice (December 26, 1996 Company (Northern Border), 1111 South conditions and prescriptions concerning for P–1930–014). 103rd Street, Omaha, Nebraska 68124, the application be filed with the Anyone may obtain an extension of filed in Docket No. CP95–194–003, an Commission within 60 days from the time for these deadlines from the amendment to its pending applications issuance date of this notice (November Commission only upon a showing of in Docket Nos. CP95–194–000 and 5, 1996 for Project No. 11214–001). All good cause or extraordinary CP95–194–001 for a certificate of public reply comments must be filed with the circumstances in accordance with 18 convenience and necessity, pursuant to Commission within 105 days from the CFR 385.2008. Sections 7(b) and 7(c) of the Natural Gas date of this notice (December 20, 1996 All filings must (1) bear in all capital Act and Part 157 of the Commission’s for Project No. 11214–001). letters the title ‘‘COMMENTS’’, ‘‘REPLY regulations. In this amendment, Anyone may obtain an extension of COMMENTS’’, Northern Border seeks (1) to amend its time for these deadlines from the ‘‘RECOMMENDATIONS,’’ ‘‘TERMS filings to modify the proposed facilities; Commission only upon a showing of AND CONDITIONS,’’ or (2) to abandon certain compression good cause or extraordinary ‘‘PRESCRIPTIONS;’’ (2) set forth in the facilities; and (3) to operate facilities at circumstances in accordance with 18 heading the name of the applicant and an early date and to continue the CFR 385.2008. the project number of the application to accrual of allowance for funds used All filings must (1) bear in all capital which the filing responds; (3) furnish during construction (AFUDC) on such letters the title ‘‘COMMENTS’’, ‘‘REPLY the name, address, and telephone facilities until the in-service date of the COMMENTS’’, number of the person submitting the project, all as more fully set forth in the ‘‘RECOMMENDATIONS,’’ ‘‘TERMS filing; and (4) otherwise comply with amendment which is on file with the AND CONDITIONS,’’ or the requirements of 18 CFR 385.2001 Commission and open to public ‘‘PRESCRIPTIONS;’’ (2) set forth in the through 385.2005. All comments, inspection. heading the name of the applicant and recommendations, terms and conditions Specifically, Northern Border seeks the project number of the application to or prescriptions must set forth their to: (1) abandon the existing 20,000 which the filing responds; (3) furnish evidentiary basis and otherwise comply horsepower (HP) gas turbines at the name, address, and telephone with the requirements of 18 CFR 4.34(b). Compressor Station Nos. 6, 8, 9, 10, and number of the person submitting the Agencies may obtain copies of the 13; (2) install and operate 35,000 HP gas filing; and (4) otherwise comply with application directly from the applicant. turbines at Compressor Station Nos. 6, the requirements of 18 CFR 385.2001 Any of these documents must be filed 8, 9, 10, and 13; (3) install and operate through 385.2005. All comments, by providing the original and the a 35,000 HP gas turbine and cooling unit recommendations, terms and conditions number of copies required by the at Compressor Station Site No. 1; (4) or prescriptions must set forth their Commission’s regulations to: The install and operate a 6,500 HP electric evidentiary basis and otherwise comply Secretary, Federal Energy Regulatory drive compressor at Compressor Station with the requirements of 18 CFR 4.34(b). Commission, 888 First Street, N.E., Site No. 14; (5) install and operate a Any of these documents must be filed Washington, D.C. 20426. An additional 12,000 HP electric drive compressor at by providing the original and the copy must be sent to Director, Division Compressor Station Site No. 17; and (6) number of copies required by the of Project Review, Office of Hydropower relocate the delivery point to ANR Commission’s regulations to: The Licensing, Federal Energy Regulatory Pipeline Company. The projected in- Secretary, Federal Energy Regulatory Commission, at the above address. Each service date for the project is November Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48941

1, 1998. The revised projected cost interruption of service to existing firm Commission and open to public estimate is $792.6 million. shippers, it requests authority to place inspection. Northern Border states that the the loop in operation approximately 45 Northern Natural estimates that the reconfiguration of the compression on days prior to the in-service date of the three new master meters will cost its 42-inch mainline allows for the project. Northern Border states that approximately $596,000. Northern elimination of the two 42-inch pipeline during this period the existing 30-inch Natural proposes to locate the new loops proposed in Docket No. CP95– mainline will be temporarily removed master meters as follows: 194–001, reduces total emission of NOX, from service while the mainline valve and reduces the overall environmental setting cross-overs and launcher/ Proposed location of impact of the project. Northern Border receiver tie-ins are completed. Meter delivery point also states that the reconfiguration of the In connection with the retrofitting of compression on the 42-inch mainline the compressor stations and the ‘‘tie- 1. Tomah ...... NW/4 of Section 33, T17N, reduces the compressor fuel on the over’’ of the 30-inch pipeline, Northern R6W LaCrosse County, Wisconsin. existing system be 7,500 Mcf per day, Border requests a waiver of the 2. Frederic ...... NE/4 of Section 26, T32N, saving approximately $5 million per accounting regulations such that it may year. Northern Border asserts that the R19W Polk County, Wis- continue the accrual of AFUDC until the consin. proposed changes do not affect the cost in-service date of the project. comparison under the Commission’s 3. Ladysmith ..... NE/4 of Section 26, T32N, Comment date: October 1, 1996, in R18W Polk County, Wis- Policy Statement and do not otherwise accordance with Standard Paragraph F consin. affect the findings in the Commission’s at the end of this notice. preliminary determination on non- environmental issues, issued August 1, 2. Northern Natural Gas Company Northern Natural states that WGC 1996 (76 FERC ¶ 61,141 (1996)). requested the new master meters in Northern Border intends to retrofit the [Docket No. CP96–759–000] order to provide central measurement existing 20,000 HP compressor units at Take notice that, on September 3, points on the Tomah and Ladysmith Compressor Station Nos. 6, 8, 9, 10, and 1996, Northern Natural Gas Company branchlines, for deliveries under 13 to 35,000 HP compressor units. (Northern Natural), 1111 South 103rd Northern Natural’s currently effective Northern Border intends to sequentially Street, Omaha, Nebraska 68124–1000, throughput service agreements. retrofit the various compressor units to filed a request pursuant to its September Northern Natural adds that the end-use avoid interruption of service to its 1, 1982 blanket certificate (in Docket of the volumes to be delivered to WGC existing customers. In order to maintain No. CP82–401–000) and §§ 157.205 and at the proposed meters will be deliveries to firm shippers while the 157.212 of the Commission’s residential, commercial and/or compressor units are being retrofitted, Regulations, for authorization to install industrial, and that the estimated peak- Northern Border will construct certain and operate three new master meters in day and annual volumes to be delivered new compressor stations and operate Polk and LaCrosse Counties, Wisconsin, to WGC at the new meters (shown them while the retrofitting is being so as to provide central measurement below) will not change and will completed. points for Wisconsin Gas Company continue to be made pursuant to Northern Border states that in order to (WGC) on the Tomah and Ladysmith Northern Natural’s currently effective facilitate safe construction of the 36- Branchlines, all as more fully set forth throughput service agreements with inch pipeline loop and to avoid in the request, which is on file with the WGC.

Present (in MMBtu) Proposed (in MMBtu) Meter Peak-day Annual Peak-day Annual

Tomah ...... 11,116 1,622,936 11,116 1,622,936 Frederic ...... 18,643 2,721,878 18,643 2,721,878 Ladysmith ...... 5,113 746,498 5,113 746,498

Northern Natural further states that 000 a request pursuant to Sections Pettis County, Missouri, and to install a the total volumes to be delivered to 157.205, 157.212(a), and 157.216(b) of new triple 6-inch run orifice meter WGC after the request will not exceed the Commission’s Regulations under the setting and appurtenant facilities at the the total volumes authorized prior to the Natural Gas Act (18 CFR 157.205, site of WNG’s mainline gate in Section request, that the proposed activity is not 157.212, and 157.216) for authorization 35, Township 46 North, Range 23 West, prohibited by its tariff, and that it has to replace and relocate the Missouri Pettis County, Missouri. WNG states sufficient capacity to accommodate the Public Service (MPS) Sedalia town that the Sedalia town border meter changes proposed without detriment or border setting, under WNG’s blanket setting was originally installed in 1931 disadvantage to its other customers. certificate issued in Docket No. CP82– and replaced in 1969. WNG estimates Comment date: October 25, 1996, in 479–000, pursuant to Section 7 of the the cost to replace the Sedalia town accordance with Standard Paragraph G Natural Gas Act, all as more fully set border setting to be $175,886 which will at the end of this notice. forth in the request that is on file with be fully reimbursed by MPS. WNG the Commission and open to public 3. Williams Natural Gas Company explains that the installation of the new inspection. meter setting will provide for more [Docket No. CP96–762–000] Specifically, WNG proposes to accurate measurement at differing Take notice that on September 4, reclaim the Sedalia double run, 10-inch volumes and allow for the future 1996, Williams Natural Gas Company orifice meter setting and appurtenant abandonment of pipeline downstream of (WNG), P.O. Box 3288, Tulsa, Oklahoma facilities located in Section 34, the new setting. WNG states that MPS 74101, filed in Docket No. CP96–762– Township 46 North, Range 22 West, has indicated an interest in acquiring 48942 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices the approximately six miles of 12-inch 5. Williams Natural Gas Company 6. Pacific Gas Transmission Company pipeline between the old and the new [Docket No. CP96–764–000] [Docket No. CP96–765–000] setting, noting however, that an Take notice that on September 4, Take notice that on September 4, agreement has not yet been reached. 1996, Williams Natural Gas Company 1996, Pacific Gas Transmission WNG indicates that it does not (WNG), P. O. Box 3288, Tulsa, Company (PGT), 2100 Southwest River anticipate that the delivered volume Oklahoma, and KN Interstate Gas Parkway, Portland, Oregon, filed in will change with the installation of the Transmission Co. (KNI), P.O. Box Docket No. CP96–765–000 a request replacement town border facilities, 281304, Lakewood, Colorado 80228, pursuant to Sections 157.205 and stating that as a result, the total volume filed in Docket No. CP96–764–000, an 157.211 of the Commission’s to be delivered under the authorization abbreviated joint application pursuant Regulations under the Natural Gas Act requested will not exceed the total to Section 7 of the Natural Gas Act, as for authorization to construct and volume authorized prior to this request. amended, and part 157 of the operate a new tap near the terminus of Comment date: October 25, 1996, in Commission’s Regulations, requesting PGT’s Coyote Springs Extension in accordance with Standard Paragraph G issuance of a Commission order Morrow County, Oregon, for delivery of at the end of this notice. authorizing WNG and KNI to abandon gas to Logan International, Inc. (Logan), an existing exchange agreement, and under its blanket certificate issued in 4. Texas Gas Transmission Company upon approval of the abandonment, Docket No. CP82–530–000, 1 all as more [Docket No. CP96–763–000] authorization to cancel WNG’s Rate fully set forth in the request for Schedule X–10 and KNI’s Rate Schedule authorization on file with the Take notice that on September 4, X–5, all as more fully set forth in the Commission and open for public 1996, Texas Gas Transmission Company application which is on file with the inspection. (Texas Gas), P.O. Box 20008, Commission and open to public To meet Logan’s request, PGT Owensboro, Kentucky 42304, filed in inspection. proposes to install a tap at PGT’s Docket No. CP96–763–000 a request WNG and KNI have mutually agreed existing Coyote Springs Meter Station to pursuant to Sections 157.205 and to terminate the agreement pursuant to provide Logan with a supply of natural 157.211 of the Commission’s the terms of the agreement dated March gas for use in its food processing plant Regulations under the Natural Gas Act 27, 1970, which was originally located immediately adjacent to PGT’s (18 CFR 157.205 and 157.212) for authorized on July 22, 1970, in Docket Coyote Springs Extension. PGT will authorization to construct and operate Nos. CP70–258 (WNG) and CP70–239 provide service through an existing but new delivery point facilities in (KNI). unused tap within its Coyote Springs Switzerland County, Indiana, to The agreement provided that, Meter Station. PGT states the accommodate deliveries of natural gas commencing January 1, 1971, KNI installation itself will consist simply in to Indiana Gas Company (IGC), a local would deliver to WNG a volume of gas a change in the valves of the existing distribution company and an existing equivalent to 50,000 Dth per day with tap. customer, under Texas Gas’ blanket the option to increase the delivery up to PGT states that the tap will deliver up certificate issued in Docket No. CP82– a maximum volume equivalent to to 1,115 Mcf per day under its Rate 407–000 pursuant to Section 7 of the 150,000 Dth per day. WNG agreed to Schedules FTS–1 and/or ITS–1. PGT Natural Gas Act, all as more fully set deliver to KNI beginning January 1, holds a blanket transportation certificate 1971, at an approximately equivalent pursuant to Part 284 of the forth in the request that is on file with daily rate, volumes of gas equivalent as Commission’s Regulations issued in the Commission and open to public nearly as possible to the volumes Docket No. CP90–1031–000.2 PGT states inspection. delivered during the same period to that the proposed tap will have no Texas Gas requests authorization to WNG by KNI, at the outlet of the impact on PGT’s peak day or annual construct and operate facilities Hugoton compressor station; provided, deliveries. consisting of a dual 4-inch meter station however that any imbalance would be Comment date: October 25, 1996, in and appurtenant facilities, to be located carried forward to the succeeding accordance with Standard Paragraph G on Main Line System in Switzerland month. at the end of this notice. The term of the agreement was for a County. The cost of the facilities is 7. Trunkline Gas Company estimated at $182,800. It is stated that period of twenty (20) years and from IGC will reimburse Southern for the year to year thereafter unless terminated [Docket No. CP96–767–000] construction cost. Texas Gas states that by either party by written notice given Take notice that on September 5, it transports gas for IGC under an FT- one year prior to the expiration of the 1996, Trunkline Gas Company Zone 4 Agreement as well as under a primary term, or any anniversary (Trunkline), P.O. Box 1642, Houston, firm no-notice agreement. It is asserted thereafter. If the agreement was Texas 77251–1642, filed in Docket No. that the proposed facilities will provide terminated, deliveries and receipts CP96–767–000 a request pursuant to a second delivery point for Texas Gas to would continue for as long as necessary Sections 157.205, 157.211 and 157.216 serve IGC. It is asserted that Texas Gas to eliminate any imbalance. WNG and of the Commission’s Regulations under has the capability to accomplish the KNI agreed to terminate the agreement the Natural Gas Act (18 CFR 157.205, deliveries proposed without detriment effective October 1, 1993, and all 157.211 and 157.216) for authorization or disadvantage to its other customers. imbalances were resolved in May 1996. to upgrade the Town of Somerville There will be no abandonment or It is further asserted that the deliveries (Somerville) M&R Station, an existing modification of existing facilities. The at the proposed facilities will have no delivery point located in Fayette facilities utilized in the referenced County, Tennessee, under Trunkline’s adverse effect on Texas Gas’ peak day or exchange agreement will remain in blanket certificate issued in Docket No. annual deliveries. place. CP83–84–000 pursuant to Section 7 of Comment date: October 25, 1996, in Comment date: October 1, 1996, in accordance with Standard Paragraph G accordance with Standard Paragraph F 1 See, 21 FERC ¶ 62,237 (1982). at the end of this notice. at the end of this notice. 2 See, 52 FERC ¶ 62,075 (1990). Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48943 the Natural Gas Act, all as more fully set Standard Paragraphs issuance of the instant notice by the forth in the request that is on file with F. Any person desiring to be heard or Commission, file pursuant to Rule 214 the Commission and open to public make any protest with reference to said of the Commission’s Procedural Rules inspection. filing should on or before the comment (18 CFR 385.214) a motion to intervene Trunkline proposes to upgrade the date file with the Federal Energy or notice of intervention and pursuant existing Somerville delivery meter (DP Regulatory Commission, 888 First to Section 157.205 of the Regulations #80073, 87A–111) by replacing Street, N.E., Washington, D.C. 20426, a under the Natural Gas Act (18 CFR inefficient, undersized facilities with motion to intervene or a protest in 157.205) a protest to the request. If no more efficient upgraded facilities so as accordance with the requirements of the protest is filed within the time allowed to allow increased deliveries to be made Commission’s Rules of Practice and therefore, the proposed activity shall be at this delivery point. Trunkline states Procedure (18 CFR 385.211 and deemed to be authorized effective the that based on discussions with 385.214) and the Regulations under the day after the time allowed for filing a Somerville, their area of distribution is Natural Gas Act (18 CFR 157.10). All protest. If a protest is filed and not growing considerably and that the protests filed with the Commission will withdrawn within 30 days after the time upgraded facilities will ensure the be considered by it in determining the allowed for filing a protest, the instant ability of Trunkline to accommodate the appropriate action to be taken but will request shall be treated as an anticipated increased growth. not serve to make the protestants parties application for authorization pursuant to the proceeding. Any person wishing to Section 7 of the Natural Gas Act. Trunkline states the proposed project to become a party to a proceeding or to will consist of 1) removing and retiring Lois D. Cashell, participate as a party in any hearing Secretary. two existing 2-inch turbine meters at therein must file a motion to intervene milepost 393.18, downstream of Valve [FR Doc. 96–23764 Filed 9–16–96; 8:45 am] # in accordance with the Commission’s Section 87 in Fayette County, Rules. BILLING CODE 6717±01±P Tennessee, and 2) installing one 4-inch Take further notice that, pursuant to turbine meter and 2-inch bypass piping. the authority contained in and subject to Trunkline states that as a result of these jurisdiction conferred upon the Federal Notice of Cases Filed With the Office proposed modifications, the maximum Energy Regulatory Commission by of Hearings and Appeals; Week of design capacity of the Somerville Sections 7 and 15 of the Natural Gas Act August 19 Through August 23, 1996 delivery point will increase from and the Commission’s Rules of Practice approximately 2.7 MMcf per day to and Procedure, a hearing will be held During the Week of August 19 approximately 7.1 MMcf per day at an without further notice before the through August 23, 1996, the appeals, operating pressure of 225 psig. Commission or its designee on this applications, petitions or other requests Trunkline states that the proposed filing if no motion to intervene is filed listed in this Notice were filed with the upgrade of the Somerville delivery point within the time required herein, if the Office of Hearings and Appeals of the will not increase the existing firm Commission on its own review of the Department of Energy. entitlements of Somerville at this time. matter finds that a grant of the Any person who will be aggrieved by Trunkline states that its transportation certificate is required by the public the DOE action sought in these cases service to Somerville is provided convenience and necessity. If a motion may file written comments on the pursuant to Rate Schedule SST (Small for leave to intervene is timely filed, or application within ten days of Shipper Transportation) and Section if the Commission on its own motion publication of this Notice or the date of 284.223(a) of the Commission’s believes that a formal hearing is receipt of actual notice, whichever Regulations. required, further notice of such hearing occurs first. All such comments shall be will be duly given. filed with the Office of Hearings and The estimated cost to upgrade the Under the procedure herein provided existing facilities described herein is Appeals, Department of Energy, for, unless otherwise advised, it will be Washington, D.C. 20585–0107. $22,400. unnecessary for the applicant to appear Comment date: October 25, 1996, in or be represented at the hearing. Dated: September 5, 1996. accordance with Standard Paragraph G G. Any person or the Commission’s George B. Breznay, at the end of this notice. staff may, within 45 days after the Director, Office of Hearings and Appeals.

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS

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

8/19/96 ...... James D. Hunsberger, Berlin, Ger- VFA±0206 Appeal of an Information Request Denial. If Granted: The July 22, 1996 many. Freedom of Information Request Denial issued by the Office of Human Radiation Experiments would be rescinded, and James D. Hunsberger would receive access to certain DOE information. 8/19/96 ...... Malcolm Parvey, Mansfield, Massa- VFA±0205 Appeal of an Information Request Denial. If Granted: The August 7, chusetts. 1996 Freedom of Information Request Denial issued by Western Area Power Administration would be rescinded, and Malcolm Parvey would receive access to certain DOE information. 8/22/96 ...... D.L. Cheaves, Alpharetta, Georgia RR300± Request for Modification/Rescission in the Gulf Refund Proceeding. If 288 Granted: The March 20, 1992 Dismissal Letter, Case Number RR300±288, issued to D.L. Cheaves would be modified regarding the firm's application for refund submitted in the Gulf refund proceeding. 8/23/96 ...... Rocky Flats Field Office, Golden, VSO±0110 Request for Hearing under 10 C.F.R. Part 710. If Granted: An individual Colorado. employed at Rocky Flats Field Office would receive a hearing under 10 C.F.R. Part 710. 48944 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALSÐContinued

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

8/23/96 ...... Wilford M. Anderson, Salt Lake VFA±0207 Appeal of an Information Request Denial. If Granted: The March 4, City, Utah. 1996 Freedom of Information Request Denial issued by the Idaho Op- erations Office would be rescinded, and Wilford M. Anderson would receive access to certain Department of Energy information.

Date received Name of refund proceeding/name of refund application Case No.

8/19/96±8/23/96 ...... Crude Oil Supplemental Applications ...... RK272±3884 thru RK272± 3889

[FR Doc. 96–23736 Filed 9–16–96; 8:45 am] Jay M. Baylon (Baylon) filed an grants. In considering the Appeal, the BILLING CODE 6450±01±P Appeal from determinations issued to DOE found that the OHER properly him on May 24, 1995, and June 28, withheld the panelists’ names under 1995, by the DOE’s FOI and Privacy Exemption 6 of the FOIA. Accordingly, Notice of Issuance of Decisions and Branch, Reference and Information the Appeal was denied. Orders; Office of Hearings and Management Division and the Office of Appeals Week of August 7 Through Arms Control and Nonproliferation Personnel Security Hearing August 11, 1995 (Arms Control) which partially denied a Oak Ridge Operations Office, 8/11/95, request for information that Baylon had During the week of August 7 through VSO-0021 August 11, 1995, the decisions and filed under the Freedom of Information orders summarized below were issued Act (FOIA). The request sought An Office of Hearings and Appeals with respect to appeals, applications, information concerning Westinghouse Hearing Officer issued an opinion petitions, or other requests filed with Electric Corporation’s transfer of recommending restoration of the the Office of Hearings and Appeals of nuclear-related technology to the security clearance of an individual the Department of Energy. The People’s Republic of China. The whose clearance had been suspended following summary also contains a list determinations stated that Arms Control because the DOE had obtained of submissions that were dismissed by had produced all available documents derogatory information that fell within the Office of Hearings and Appeals. responsive to Baylon’s request. They 10 C.F.R. § 710.8(h). The individual had Copies of the full text of these further explained that any other relevant been diagnosed as having a mental decisions and orders are available in the information either originated in another condition that could cause a significant Public Reference Room of the Office of Executive Agency, or was classified and defect in the individual’s judgment or undergoing a declassification review. Hearings and Appeals, Room 1E-234, reliability. In reaching his conclusion, The Appeal challenged the adequacy of Forrestal Building, 1000 Independence the Hearing Officer found that the the search. In considering the appeal, Avenue, SW, Washington, D.C. 20585- testimony at the hearing supported the the DOE found that the initial search 0107, Monday through Friday, between individual’s contention that the results the hours of 1:00 p.m. and 5:00 p.m., was too narrow in its scope because the of his MMPI testing did not show the except federal holidays. They are also FOI Office did not direct Baylon’s FOIA existence of a mental condition that available in Energy Management: request to other DOE offices involved in Federal Energy Guidelines, a nuclear-related transfers. Accordingly, affected his judgment or reliability. commercially published loose leaf Baylon’s Appeal was granted and the Refund Applications reporter system. Some decisions and matter was remanded to the FOI Office orders are available on the Office of to initiate a new search. The Office of Hearings and Appeals Hearings and Appeals World Wide Web Robert S. Foote, 8/10/95, VFA-0058 issued the following Decisions and site at http://www.oha.doe.gov. Orders concerning refund applications, Robert S. Foote filed an Appeal from which are not summarized. Copies of Dated: September 4, 1996. a determination issued to him by the George B. Breznay the full texts of the Decisions and DOE’s Office of Health and Orders are available in the Public Director, Office of Hearings and Appeals. Environmental Research (OHER) in Reference Room of the Office of response to a request from Mr. Foote Decision List No. 932 Hearings and Appeals. under the Freedom of Information Act Appeals (FOIA). Mr. Foote sought the names of Jay M. Baylon, 8/10/95, VFA-0059 panelists who reviewed certain research Crude Oil Supplemental Refund Distribution ...... RB272–00032 08/10/95 Crude Oil Supplemental Refund Distribution ...... RB272–38 08/10/95 Jeannette, PA et al ...... RF272–96000 08/10/95 Dismissals The following submissions were dismissed:

Name Case No.

Clarke County, Virginia ...... RF272±86668 Commonwealth Oil Refining Co., Inc ...... RF345±47 Concho County, Texas ...... RF272±89244 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48945

Name Case No.

Fruehauf Trailer Corp ...... RR321±184 Green's Propane Gas Co., Inc ...... RF304±13618 McKelvey Oil Co...... RF304±13492 Middlewest Freightways, Inc ...... RF272±89914 Urich's Texaco Service Station ...... RF321±20928

[FR Doc. 96–23733 Filed 9–16–96; 8:45 am] An Office of Hearings and Appeals LK, Inc., filed an application in the BILLING CODE 6450±01±P Hearing Officer issued an Opinion ARCO special refund proceeding with regarding the eligibility of an individual respect to purchases of ARCO products to maintain access authorization under made by Associated Transport, Inc. LK, Office of Hearings and Appeals the provisions of 10 C.F.R. Part 710. Inc., claimed to have acquired the right After considering the individual’s to the refund from Associated Transport Issuance of Decisions and Orders; testimony and the record, the Hearing while that firm was in bankruptcy. The Week of December 18 Through Officer found that the individual, who assignment in question transferred December 22, 1995 has had five DWI arrests, has an illness claims in the ‘‘Stripper Well’’ litigation. During the week of December 18 or mental condition (substance Since the ARCO proceeding is unrelated through December 22, 1995, the dependence) that in the opinion of a to the Stripper Well Litigation, the DOE decisions and orders summarized below board-certified psychiatrist causes, or found that the assignment did not were issued with respect to appeals, may cause a significant defect in his transfer Associated Transport’s right to applications, petitions, or other requests judgment or reliability and that he is a an ARCO refund. Accordingly, the filed with the Office of Hearings and user of alcohol to excess. Since the application filed by LK, Inc., was Appeals of the Department of Energy. individual had only been abstinent for denied. four months as of the time of the hearing The following summary also contains a Columbia LNG, 12/21/95, RC272–00326 list of submissions that were dismissed and had not made a sufficient by the Office of Hearings and Appeals. commitment to alcoholism counseling, The DOE issued a Decision and Order Copies of the full text of these the Hearing Officer also found that he in the crude oil refund proceeding decisions and orders are available in the was not rehabilitated or reformed. In concerning an Application for Refund Public Reference Room of the Office of addition, the Hearing Officer found that filed by Columbia LNG. Columbia was Hearings and Appeals, Room 1E–234, by failing to report three of his arrests granted a refund based on the purchase Forrestal Building, 1000 Independence to the DOE in a timely manner, the of Natural Gas Liquids, some of which Avenue, SW, Washington, D.C. 20585– individual had engaged in conduct have now been shown to be either 0107, Monday through Friday, between which tends to show that he was not imported from foreign sources or were the hours of 1:00 p.m. and 5:00 p.m., honest, reliable, or trustworthy. acquired as a result of a first sale into except federal holidays. They are also Accordingly, the Hearing Officer U.S. Commerce. These purchases are available in Energy Management: recommended that the individual’s not eligible for refunds in this Federal Energy Guidelines, a access authorization not be restored. proceeding. Accordingly, the DOE commercially published loose leaf Implementation of Special Refund rescinded that portion of Columbia’s reporter system. Some decisions and Procedures refund which was based on those orders are available on the Office of ineligible gallons. Hearings and Appeals World Wide Web Vessels Gas Processing Co., 12/21/95, VEF–0007 Mobil Oil Corp./Frontier Petroleum site at http://www.oha.doe.gov. Company, 12/19/95, RR225–45 Dated: September 4, 1996. The DOE issued a Decision and Order implementing special refund procedures Frontier Petroleum Company filed a George B. Breznay, to distribute $1,564,223 (plus accrued motion for modification seeking the Office of Hearings and Appeals. interest) which Vessels Gas Processing reissuance of a refund check that had been issued to it from the Mobil Oil Appeal Company (Vessels) remitted to the DOE pursuant to a Consent Order. The Corp. Special Refund Proceeding. Keith E. Loomis, 12/21/95, VFA–0102 Decision sets forth refund application According to Frontier, the check was The DOE’s Office of Hearings and procedures for customers who claim issued to it in 1989, but was never Appeals (OHA) issued a determination that they were injured as a result of cashed. The DOE denied Frontier’s denying a Freedom of Information Act purchases of natural gas liquids and motion, finding that it was unable to (FOIA) Appeal filed by Keith E. Loomis natural gas liquid products from Vessels trace the check and thereby lacked a (Loomis). Loomis appealed the Office of during the period from September 1, reasonable basis to conclude that Naval Reactors’ (ONR) withholding of 1973 though December 31, 1977. If any Frontier had not cashed the check. information under Exemption 6 and funds remain after meritorious claims Tajon, Inc., 12/21/95, RC272–325 contended that the ONR search for are paid, the Decision provides that they responsive documents was not will be used for indirect restitution The DOE issued a Decision and Order adequate. OHA found that Exemption 6 through the States in accordance with concerning an Application for Refund was properly applied and that ONR’s the Petroleum Overcharge Distribution submitted in the Subpart V crude oil search for responsive documents was and Restitution Act of 1986. refund proceeding by Tajon, Inc. The DOE previously granted a crude oil adequate. Refund Applications refund to Tajon. Tajon had filed a Personnel Security Hearing Atlantic Richfield Company/Associated Surface Transporters Escrow Settlement Albuquerque Operations Office, 12/18/ Transport, Inc, 12/21/95, RF304– Claim Form and Waiver in the Stripper 95, VSO–0054 12217 Well proceeding. This Claim Form and 48946 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Waiver was dismissed because Tajon The 341 Tract Unit of the Citronelle relief was approved for The 341 Tract had repeatedly failed to provide Field, The 341 Tract Unit of the Unit of the Citronelle Field. information which DOE required in Citronelle Field/Litigating Refiners, Refund Applications order to process the claim. The DOE has 12/18/95, VFX–0006, RF345–50 determined that a Waiver is binding in The Office of Hearings and Appeals The Office of the Hearings and situations where the Stripper Well issued the following Decisions and Appeals directed that the DOE application was dismissed for lack of Orders concerning refund applications, Controller take steps to disburse funds information and the applicant was which are not summarized. Copies of into nine escrow accounts pursuant to a otherwise eligible for a Stripper Well the full texts of the Decisions and court-approved settlement of litigation Orders are available in the Public refund. Accordingly, the refund granted involving a $144 million escrow fund. Reference Room of the Office of to Tajon, Inc. is rescinded. That fund originated when exception Hearings and Appeals. Atlantic Richfield Company/Bassman, Mitchell & Alfano ...... RR304–0065 12/21/95 Atlantic Richfield Company/Del Real Arco Service et al ...... RF304–13302 12/18/95 Atlantic Richfield Company/General Equities, Inc...... RR304–00070 12/19/95 Catherine Barber ...... RJ272–00003 12/21/95 Crude Oil Supplemental Refund Distribution ...... RB272–00027 12/18/95 Farmers Coop Oil Co...... RF272–97922 12/19/95 Park Region Coop ...... RF272–97925 Morrow County Grain Growers ...... RF272–97930 Jacobson Transport, Inc. et al ...... RF272–74695 12/19/95 Lester Chambers et al ...... RK272–00459 12/21/95 Limoneira Co. et al ...... RK272–00024 12/18/95 Lyndon Town School District et al ...... RF272–96200 12/19/95 MacFarlane Co.—USA, L.L.C. et al ...... RK272–02496 12/18/95 Mary Jo Pihlstrom et al ...... RK272–02662 12/21/95 Pat Marple et al ...... RK272–00507 12/21/95 Salomon Valley Coop et al ...... RF272–00172 12/18/95 Texaco Inc./Engler’s Texaco ...... RF321–20736 12/18/95 Wilbert Frye Residuary Trust et al ...... RK272–02808 12/21/95 Dismissals The following submissions were dismissed:

Name Case No.

Marol Realty, Inc...... RK272±00244 Montclair Arco ...... RF304±15389

[FR Doc. 96–23734 Filed 9–16–96; 8:45 am] reporter system. Some decisions and state law would be preempted by the BILLING CODE 6450±01±P orders are available on the Office of federal Energy Policy Act; and (iii) Hearings and Appeals World Wide Web while the DOE will ultimately defer to site at http://www.oha.doe.gov. the rulings of the federal courts, the Issuance of Decisions and Orders; Dated: September 4, 1996. collection of assessments will continue Week of January 29 Through February George B. Breznay, while the courts are considering the 2, 1996 Director, Office of Hearings and Appeals. constitutionality of the relevant provisions of the Energy Policy Act. During the week of January 29 Appeal through February 2, 1996, the decisions Accordingly, PSI’s Appeal was denied. PSI Energy, Inc., 1/30/96, VEA–0001 and orders summarized below were Personnel Security Hearings issued with respect to appeals, PSI Energy, Inc. (PSI) filed an Appeal applications, petitions, or other requests from a determination issued by the Albuquerque Operations Office, 1/31/ filed with the Office of Hearings and DOE’s Office of Environmental 96, VSA–0020 Appeals of the Department of Energy. Management (OEM). PSI claimed that: The following summary also contains a (i) the OEM erroneously determined its The Director of the Office of Hearings list of submissions that were dismissed liability for payment into the Uranium and Appeals issued an Opinion by the Office of Hearings and Appeals. Enrichment Decontamination and concerning a Request for Review that Copies of the full text of these Decommissioning Fund (D&D Fund) was filed by the DOE’s Office of decisions and orders are available in the established under the Energy Policy Act Security Affairs (OSA). In its Public Reference Room of the Office of of 1992; (ii) Indiana state law would submission, the OSA requested that a Hearings and Appeals, Room 1E–234, prohibit PSI from passing through its security clearance matter be remanded Forrestal Building, 1000 Independence assessment to its ratepayers; and (iii) the to the Hearing Officer so that the Avenue, SW, Washington, D.C. 20585– assessment of utilities for payment into Hearing Officer could render an opinion 0107, Monday through Friday, between the D&D Fund was an unconstitutional concerning an individual’s eligibility for the hours of 1:00 p.m. and 5:00 p.m., taking of property. The DOE found that: access authorization. In the Hearing except federal holidays. They are also (i) the firm was properly assessed for Officer’s initial Opinion, she stated that available in Energy Management: uranium enrichment services that it because the individual attended, but did Federal Energy Guidelines, a purchased from the DOE and did not commercially published loose leaf sell in the secondary market; (ii) Indiana Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48947 not participate in, his security clearance contractor whose DOE security The DOE issued a Decision and Order hearing, she would not address the clearance had been suspended. The setting forth procedures for the merits of the individual’s eligibility for individual’s ‘‘Q’’ access authorization distribution of $275 million (plus a clearance, but would instead transfer was suspended after Rocky Flats interest) in alleged overcharges remitted the proceeding to the Manager of DOE/ security officials had received or to be remitted to the DOE by Albuquerque for a final determination information from Personnel Security Occidental Petroleum Corporation and as to the individual’s eligibility. In the Interviews (PSIs) with two confidential its wholly owned subsidiary OXY USA, Director’s Opinion, he stated that the sources about the individual’s extensive Inc. (OXY). The DOE determined that regulations governing these proceedings marijuana use in the five or six years these funds should be distributed in do not contemplate the transferral of a immediately after he had signed a DOE accordance with the DOE’s Modified security clearance matter to a DOE Drug Certification in 1980. At the Statement of Restitutionary Policy in Manager under the circumstances in hearing which was held in this case, Crude Oil Cases, 51 Fed. Reg. 27899 this case. He added that because a neither of the two sources would testify (August 4, 1986). Accordingly, the DOE hearing was held and additional about the instances of marijuana use or determined that 20 percent should be testimony was received, an evaluation distribution by the individual that they reserved for Subpart V Claimants and by the Hearing Officer of the had reported in their PSIs. However, the the remaining 80 percent should be individual’s eligibility for access individual himself refused to testify in divided equally between the federal authorization was required. his own behalf at the hearing, and government and the states. Accordingly, the Director remanded the submitted no direct evidence to Refund Applications matter to the Hearing Officer for the contravene the derogatory information issuance of such an evaluation. in the statements by the two sources in Citronelle/Texas Cities Refining, Inc., et. Rocky Flats Field Office, 1/30/96, VSO– their PSIs. Instead, the individual relied al., 1/30/96, RF345–1, et. al. 0046 upon statements made in his own PSIs The DOE issued a Supplemental An Office of Hearings and Appeals with Rocky Flats security personnel, in Order disbursing $144,204,002 from an Hearing Officer issued an opinion which he categorically denied any post- escrow account in connection with the against restoring the security clearance 1980 marijuana use. After considering 341 Tract Unit of the Citronelle Field. of an individual whose clearance had the record in this case, the Hearing The disbursements were made pursuant been suspended because the Department Officer concluded that the individual to a Settlement Agreement that was had obtained derogatory information had failed to meet his burden of coming approved by the U.S. District Court for that fell within 10 C.F.R. § 710.8(f). In forward with evidence to show that the Southern District of Texas on reaching his conclusion, the Hearing restoring his access authorization would December 6, 1995. not endanger the common defense and Officer found that the individual Refund Applications deliberately misrepresented, falsified, or security and would be clearly consistent omitted significant information during with the national interest. Accordingly, The Office of Hearings and Appeals the Personnel Security Interview. the Hearing Officer recommended that issued the following Decisions and the individual’s access authorization not Orders concerning refund applications, Rocky Flats Field Office, 2/7/96, VSO– be restored. which are not summarized. Copies of 0060 Implementation of Special Refund the full texts of the Decisions and An OHA Hearing Officer issued an Procedures Orders are available in the Public opinion on a request for review from an Reference Room of the Office of individual employed by a Rocky Flats OXY USA, Inc., 01/31/96, VEF–0030 Hearings and Appeals. Alaska Gold Company et al ...... RC272–327 01/30/96 Atlantic Richfield Company/Oscar B. Chao et al ...... RF304–13239 01/30/96 Metromedia Co et al ...... RF272–95102 01/30/96 Dismissals The following submissions were dismissed:

Name Case No.

Airline Snack Bar ...... RF300±19839 Albuquerque Operations Office ...... VSO±0064 Anderson Super Gulf-Parkway ...... RF300±18803 Bayer & Mingolla Industries, Inc ...... RF300±21419 Brink's, Inc ...... RF300±15179 Buffalo Aeronautical ...... RF300±16947 Central Telephone Co. of Florida ...... RF300±14816 Charles F. Morris ...... RF300±21659 Continental Baking Co ...... RF300±21479 D.L. Stowe Trucking ...... RF300±18841 Daniels Gulf ...... RF300±19586 Dans Rental ...... RF300±19585 Dix Gulf ...... RF300±19588 Ellex Transportation ...... RF300±13113 Garden Street Gulf ...... RF300±15086 Garvie Marks Gulf ...... RF300±21406 Hilltop Gulf ...... RF300±18730 Honeywell Inc ...... RF272±67216 J.D.'s Gulf ...... RF300±13159 Jackson & Michael Gulf Service ...... RF300±19659 48948 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Name Case No.

John L. Sutton, Jr ...... RF300±21420 Lake & Sam Williams Gulf Dist ...... RF300±13245 Lee-Hy Paving Corporation ...... RR272±137 Mart Gulf ...... RF300±16505 Minden City Oil & Gas Co ...... RF300±19560 Murphey's Gulf & U-Haul ...... RF300±19528 Richland Operations Office ...... VSO±0056 Sam's Auto Service ...... RF300±10924 Sanders Gulf ...... RF300±18795 Wade's Rent-a-Car ...... RF300±18092 Waite, Schneider, Bayless & Chesley ...... VFA±0118 Wiley Fuel Oil ...... RF300±19541 Williams Gulf ...... RF300±18405

[FR Doc. 96–23735 Filed 9–16–96; 8:45 am] Management Organization (CBMO). AO for the Pantex Plant, had jointly BILLING CODE 6450±01±P released redacted copies of the requested. Although a few documents requested records from which the leave were released to STAND, Mason & codes and description of the type of Hanger claimed the vast majority are Issuance of Decisions and Orders; leave were deleted. AO determined, internal legal documents, contractually Week of August 5 Through August 9, pursuant to Exemption 6 of the FOIA, its property and not subject to the FOIA. 1996 that disclosure of this information In considering the Appeal, the DOE During the week of August 5 through would violate the privacy of the found that after STAND filed its Appeal, August 9, 1996, the decisions and orders employees and would not be in the both environmental permits were summarized below were issued with public interest. Flor’s Appeal issued. Under these conditions, both the respect to appeals, applications, challenged the application of Exemption DOE and Mason & Hanger previously petitions, or other requests filed with 6 to the withheld information. She had agreed to search and release records the Office of Hearings and Appeals of contended that the ‘‘type of leave one to STAND. Accordingly, the Appeal was the Department of Energy. The takes is not personal in the same sense denied in part, granted in part, and following summary also contains a list as one’s date of birth, employment remanded to the Albuquerque of submissions that were dismissed by history, etc., as AO claims * * *.’’ Flor Operations Office for a new the Office of Hearings and Appeals. further contended that release of the determination. However, because this is Copies of the full text of these requested information would further the the second Appeal on STAND’s request, decisions and orders are available in the public interest because it would reveal the DOE believes that a new Public Reference Room of the Office of how AO treats its whistleblowers. In determination should be issued within Hearings and Appeals, Room 1E–234, considering the Appeal, the DOE found ninety days of the Albuquerque Forrestal Building, 1000 Independence that although the requested information Operations Office’s receipt of this Avenue, S.W., Washington, D.C. 20585– is not as significantly private as other Decision and Order. personal information such as home 0107, Monday through Friday, between Personnel Security Hearing the hours of 1:00 p.m. and 5:00 p.m., addresses and social security numbers, except federal holidays. They are also the public release of this information Oakland Operations Office, 8/7/96, available in Energy Management: will nevertheless result in, at the least, VSO–0094 Federal Energy Guidelines, a a minimal invasion of privacy. DOE commercially published loose leaf further found that there was no apparent An Office of Hearings and Appeals reporter system. Some decisions and public interest to balance against the Hearing Officer issued an opinion orders are available on the Office of minimal invasion of personal privacy concerning an individual whose access Hearings and Appeals World Wide Web and therefore AO properly withheld the authorization was suspended because site at http://www.oha.doe.gov. requested information. Accordingly, the he had tested positive for use of Appeal was denied. amphetamines (speed). Although the Dated: September 9, 1996. individual admitted to using the illegal George B. Breznay Stand of Amarillo, Inc., 8/9/96, VFA– drug, he attempted to minimize the Director, Office of Hearings and Appeals. 0157 seriousness of the event by claiming he Decision List No. 984 Stand of Amarillo, Inc. (STAND) filed had only used a very small amount of an Appeal of a determination issued to speed on a one-time only basis with a Appeals it by the Albuquerque Operations Office friend from out of town. The Hearing Marlene Flor, 8/5/96, VFA–0184 of the Department of Energy (DOE) in Officer found that the individual had Marlene Flor filed an Appeal from a response to a Request for Information failed to corroborate his account of the determination issued to her on May 16, submitted under the Freedom of drug use, because he did not produce 1996 by the Department of Energy’s Information Act (FOIA). STAND had witnesses to support his version of the Albuquerque Operations Office (AO) requested documents it saw as a events surrounding the use of speed, which denied a request for information protestant before the Texas Natural particularly the out of town friend. She she had filed under the Freedom of Resource Conservation Commission also found that the testimony of the Information Act (FOIA). The request concerning two environmental permits individual’s psychologist did not sought the time and attendance sheets for the Pantex Plant which the DOE and strongly support the individual’s claim for each employee of the Kirtland Area Mason & Hanger-Silas Mason Co. of rehabilitation from drug use. Office Contracts and Business (Mason & Hanger), the prime contractor Accordingly, the Hearing Officer found Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48949 that the individual’s access refund proceeding. The first applicant P. Kalodner, Counsel for Utilities, authorization should not be restored. claimed the right to any refund owing Transporters, and Manufacturers his deceased son, who was a partner in Request for Exception (Kalodner) objected to the application the operation of the outlet during part on the grounds that the DOE, by signing R.W. Hays Company, 8/8/96, VEE–0026 of the refund period. The second the Stripper Well Settlement R.W. Hays Company filed an applicant was the other partner in the Agreement, waived the rights of all Application for Exception from the outlet. In considering the first federal agencies to receive a crude oil requirement that it file Form EIA–782B, application, the DOE determined that refund. The DOE found that while the the ‘‘Reseller/Retailer’s Monthly the son’s will, upon which the father state and federal governments are Petroleum Product Sales Report.’’ The based his claim, had specifically stated designated conduits for indirect DOE found that the firm was not that the father was not a beneficiary. restitution under the Settlement affected by the reporting requirement in Accordingly, the DOE determined that Agreement, neither waived its right to a manner significantly different from the first applicant had not established direct restitution with respect to its own other similar firms, and consequently his right to a Gulf refund. The DOE did purchases of refined petroleum was not experiencing a special not consider the second application products. The refund granted to the hardship, inequity, or unfair because it was filed after the deadline applicant in this Decision was $27,779. distribution of burdens. Accordingly, for Gulf applications. the firm’s Application for Exception was Refund Applications denied. Veterans Administration, 8/7/96, RF272–47498 The Office of Hearings and Appeals Refund Applications The DOE issued a Decision and Order issued the following Decisions and Gulf Oil Corp./Walnut Creek Gulf, 8/8/ granting an Application for Refund filed Orders concerning refund applications, 96, RF300–16584, RF300–21751 by the Veterans Administration, a which are not summarized. Copies of The DOE issued a Decision and Order, federal agency (now the Department of the full texts of the Decisions and denying two refund applications filed Veterans Affairs), in the Subpart V Orders are available in the Public on behalf of Walnut Creek Gulf (Walnut crude oil refund proceeding. A group of Reference Room of the Office of Creek) in the Gulf Oil Corporation States and Territories (States) and Philip Hearings and Appeals. Bair Transport, Inc ...... RC272–347 08/09/96 Crude Oil Supple Refund Distribution ...... RB272–00079 08/09/96 Crude Oil Supplemental Refund Distribution ...... RB272–00083 08/09/96 Gulf Oil Corporation/Haroutioun Jerejian ...... RF300–21835 08/06/96 Gulf Oil Corporation/Jordan Oil Company et al ...... RF300–18708 08/05/96 Koch Materials Company ...... RG272–307 08/08/96 Kraft General Foods ...... RF272–90209 08/07/96 Malone Brothers’ Construction et al ...... RF272–87022 08/07/96 Master-Jackson Paving Company ...... RK272–931 08/08/96 Patrick Boyle et al ...... RG272–00806 08/05/96 Total Transport, Inc ...... RA272–74 08/06/96 Weston Trucking et al ...... RK272–01144 08/09/96 Dismissals The following submissions were dismissed:

Name Case No.

Adobe Mining Co ...... RG272±878 Albuquerque Operations Office ...... VSO±0095 Arcadian Fertilizer Inc. L.P ...... RF272±92584 Ashland Exploration, Inc ...... RF272±98196 Atlanta Gas Light Co ...... RF272±98203 B.P. Short & Son Paving Co., Inc ...... RG272±910 Betty B. Plank ...... VFA±0187 Borg-Warner Security, Inc ...... RF272±98182 Burlington Basket Co ...... RF272±98201 City of Newark ...... RF272±98131 Comfort Winders ...... RF272±99052 Cummings-Moore Graphite Co...... RF272±98197 Edisto Resources Corp ...... RF272±98204 Energy West ...... RF272±98167 Farmers Cooperative Company ...... RG272±968 Farmers Cooperative Exchange ...... RG272±897 Farmers Elevator Co ...... RG272±807 Farmers Elevator Cooperative ...... RG272±900 Farmers Elevator Cooperative ...... RG272±903 Grand Canyon Helicopters ...... RF272±97959 Gulf States Manufactuters, Inc ...... RF272±89336 Hess Brothers, Inc ...... RG272±852 Magee Co ...... RF272±98195 Medical Center of Central Massachsetts ...... RG272±977 Millcraft Industries, Inc ...... RF272±98171 Motor Transport Company ...... RR272±241 Omy Aviation, Inc ...... RF272±98188 48950 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Name Case No.

Omya, Inc ...... RF272±98191 Peabody Coal Company ...... RG272±885 Penn Fuel Gas, Inc. and Subsidiaries ...... RF272±98245 Pluess-Staufer Inc ...... RF272±98186 Raffi and Swanson, Inc ...... RG272±815 Rockbridge Farmers Co-op, Inc ...... RG272±805 Sanborn Farmers Union Oil Cooperative ...... RF272±97806 Town of Clarkstown ...... RG272±888 Truman Farmers Elevator Co ...... RG272±889 Valley Gas Co ...... RF272±98168 Vermont Talc, Inc ...... RF272±98187 Vulcan Forge and Machine Co ...... RF272±98249 White Pigment Corp ...... RF272±98190 William Refrigerated Express ...... RF272±97873

[FR Doc. 96–23737 Filed 9–16–96; 8:45 am] the Act. Unless EPA or the Department connection with the performance of BILLING CODE 6450±01±P of Justice determines, following the duties imposed on the Agency by law. comment period, that consent is Inquiries may be directed to James D. inappropriate, the final partial consent Giattina, Designated Federal Official, ENVIRONMENTAL PROTECTION decree will establish deadlines for Gulf of Mexico Program PRB, U.S. EPA, AGENCY specific regulatory actions under Director of the Gulf of Mexico Program § 608(a)(2) of the CAA. Office, Building 1103, Room 202, [FRL±5610±2] A copy of the proposed partial Stennis Space Center, Mississippi consent decree was lodged with the 39529. Proposed Settlement Agreement, Clerk of the United States District Court Clean Air Act Citizen Suit for the District of Columbia on August Dated: September 9, 1996. 23, 1996. Copies are also available from James D. Giattina, AGENCY: Environmental Protection Designated Federal Official. Agency. Jacquie Jordan, Cross-Cutting Issues Division (2322), Office of General [FR Doc. 96–23651 Filed 9–16–96; 8:45 am] ACTION: Notice of proposed settlement; Counsel, U.S. Environmental Protection BILLING CODE 6560±50±P request for public comment. Agency, 401 M Street, S.W., SUMMARY: In accordance with section Washington, D.C. 20460, (202) 260– 113(g) of the Clean Air Act, as amended, 7622. Written comments should be sent [FRL±5610±7] (‘‘Act’’), notice is hereby given of a to Jan M. Tierney at the address above proposed partial consent decree, which and must be submitted on or before Science Advisory Board; Notification was lodged with the United States October 17, 1996. of Public Advisory Committee Meeting District Court for the District of Dated: August 30, 1996. Open Meeting Columbia by the United States Scott Fulton, Pursuant to the Federal Advisory Environmental Protection Agency Acting General Counsel. (‘‘EPA’’) on August 23, 1996, in a Committee Act, Public Law 92–463, [FR Doc. 96–23788 Filed 9–16–96; 8:45 am] notice is hereby given that the Human lawsuit filed by the Sierra Club Legal BILLING CODE 6560±50±M Defense Fund. This lawsuit, which was Exposure and Health Subcommittee filed pursuant to section 304(a) of the (HEHS) of the Science Advisory Board’s Act, 42 U.S.C. § 7604(a), concerns, [FRL±5610±6] (SAB) Integrated Risk Project will meet among other things, EPA’s alleged on October 9–10, 1996, in room 3075, failure to meet a mandatory deadline Gulf of Mexico Program Policy Review Building 90, at the Ernest O. Lawrence under section 608(a)(2) of the Clean Air Board; Notice of Charter Renewal Berkeley National Laboratory, 1 Cyclotron Road, Berkeley CA 947720. Act. The proposed partial consent AGENCY: Environmental Protection The meeting will begin at 9:00 a.m. and decree provides that EPA shall take Agency (EPA). end no later than 5:00 p.m. on each day. certain regulatory actions under section ACTION: Notice of charter renewal. 608(a)(2) in accordance with specified All times noted are Pacific Time. This schedules. The Charter for the Environmental meeting is open to the public, but prior For a period of thirty (30) days Protection Agency’s (EPA) Gulf of registration is required (see below). following the date of publication of this Mexico Program Policy Review Board The main purpose of the meeting is to notice, the Agency will receive written (PRB) will be renewed for an additional continue discussions (initiated at the comments relating to the proposed two-year period, as a necessary Committee’s previous meeting on June partial consent decree from persons who committee which is in the public 13/14, 1996) of human exposure (and were not named as parties to the interest, in accordance with the their consequences) to various litigation in question. EPA or the provisions of the Federal Advisory pollutants and to consider the potential Department of Justice may withhold or Committee Act (FACA), 5 U.S.C. The for risk reduction. Members of the withdraw consent to the proposed purpose of the PRB is to provide advice Committee will report back on their partial consent decree if the comments and counsel to State and Federal efforts to ‘‘pilot test’’ four possible disclose facts or circumstances that agencies on issues associated with approaches for assessing exposure and indicate that such consent is environmental management and policy risk. The Subcommittee’s activities are inappropriate, improper, inadequate, or of the Gulf of Mexico. It is determined part of an SAB project to update the inconsistent with the requirements of that the PRB is in the public interest in 1990 SAB report, Reducing Risk: Setting Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48951

Priorities and Strategies for Providing Oral or Written Comments at EPA Superfund Record Center, 999 18th Environmental Protection. In a letter SAB Meetings Street, 5th Floor, North Tower, Denver, dated October 25, 1995, to Dr. The Science Advisory Board expects Colorado. Comments should be Matanoski, Chair of the SAB Executive that public statements presented at its addressed to Maureen O’Reilly, Committee, Deputy Administrator Fred meetings will not be repetitive of Enforcement Specialist, (8ENF–T), U.S. Hansen charged the SAB to: 1) develop previously submitted oral or written Environmental Protection Agency, 999 an updated ranking of the relative risk statements. In general, each individual 18th Street, Suite 500, Denver, of different environmental problems or group making an oral presentation Colorado, 80202–2405, and should based upon explicit scientific criteria; 2) will be limited to a total time of ten reference the Colorado School of Mines provide an assessment of techniques minutes. For conference call meetings, Research Institute site de minimis and criteria that could be used to opportunities for oral comment will be settlement (EPA Docket No. CERCLA– discriminate among emerging limited to no more than five minutes per VIII–96–17). environmental risks and identify those speaker and no more than fifteen FOR FURTHER INFORMATION CONTACT: that merit serious, near-term Agency minutes total. Written comments (at Maureen O’Reilly, Enforcement attention; 3) assess the potential for risk least 35 copies) received in the SAB Specialist, at (303) 312–6402. reduction and propose alternative Staff Office sufficiently prior to a SUPPLEMENTARY INFORMATION: Notice of technical risk reduction strategies for meeting date, may be mailed to the section 122 (g) de minimis settlement: the environmental problems identified; relevant SAB committee or In accordance with section 122(I)(1) of and 4) identify the uncertainties and subcommittee prior to its meeting; CERCLA, notice is hereby given that the data quality issues associated with the comments received too close to the terms of an Administrative Order on relative rankings. The project will be meeting date will normally be provided Consent (AOC) have been agreed to by conducted by several SAB panels, to the committee at its meeting. Written the following five (5) parties, for the including HEHS, working at the comments may be provided to the following amounts: relevant committee or subcommittee up direction of an ad hoc Steering Energy Fuels Nuclear, Inc...... $326,800.73 Committee established by the Executive until the time of the meeting. Kennecott Corporation, Kennecott Committee. Dated: September 5, 1996. Holdings Corporation, and Single copies of Reducing Risk can be Donald G. Barnes, Kennecott Utah Copper obtained by contacting the SAB’s Staff Director, Science Advisory Board. Corporation ...... $30,285.75 Lockheed Corporation ...... $554.20 Committee Evaluation and Support Staff [FR Doc. 96–23787 Filed 9–16–96; 8:45 am] (1400), 401 M Street, SW, Washington, BILLING CODE 6560±50±P By the terms of the proposed AOC, DC 20460, telephone (202) 260–8414, or these parties will together pay fax (202) 260–1889. Members of the $215,640.36 to the Hazardous Substance [FRL±5611±4] public desiring additional information Superfund. This payment represents approximately .035% of the total about the meeting, including an agenda, Proposed De Minimis Settlement should contact Ms. Mary Winston, Staff anticipated response costs for the Site Pursuant to the Comprehensive upon which this settlement is based. Secretary, Science Advisory Board Environmental Response, (1400F), US EPA, 401 M Street, SW, In exchange for payment, EPA will Compensation, and Liability Act provide the settling parties with a Washington DC 20460, by telephone at (CERCLA), as Amended by the (202) 260–6552, fax at (202) 260–7118, limited covenant not to sue for liability Superfund Amendments and under sections 106 and 107(a) of or via the INTERNET at: Reauthorization ActÐGolden, CO [email protected]. CERCLA, including liability for EPA’s AGENCY: Environmental Protection past costs, the cost of the remedy, and Anyone wishing to attend the Agency. future EPA oversight costs, and under meeting, and/or make an oral ACTION: Notice and request for public section 7003 of the Solid Waste Disposal presentation to the Committee should comment. Act, as amended (also known as the register with Samuel Rondberg, Resource Conservation and Recovery Designated Federal Official for the SUMMARY: In accordance with the Act). HEHS, no later than 4:00 p.m., October requirements of section 122 (I) (1) of the The settlement amount that each PRP 3, 1996, at (202) 260–2559 or via the Comprehensive Environmental will pay, as shown above, depends upon INTERNET at Response, Compensation, and Liability whether they contributed radioactive [email protected]. Act, as amended (CERCLA), notice is hazardous substances or non-radioactive Prior registration is required for hereby given of a proposed de minimis hazardous substances to the Site. The admission to the Lawrence Berkeley settlement under section 122 (g), per pound cost for non-radioactive Laboratory complex. The registration concerning the Colorado School of hazardous substances is $1.54. The per request should include name and Mines Research Institute site in Golden, pound cost for radioactive hazardous affiliation of the attendee, and indicate Colorado (Site). The proposed substances is $3.08. Settlement amounts if parking space at the laboratory Administration Order on Consent (AOC) are calculated by multiplying these per complex will be required. Anyone requires five (5) Potentially Responsible pound costs by the number of pounds wishing to make a presentation should Parties to Pay an aggregate total of of hazardous substances a party sent to also provide an outline of the issues to $215,640.36 to address their liability to the Site (Base Amount), adding a be addressed. At least 35 copies of any the United States Environmental premium of either 30% or 130% of the written comments to the Committee are Protection Agency (EPA) related to Base Amount, as specified by each PRP to be given to Mr. Rondberg no later response actions taken or to be taken at in the AOC, and adding a $200 than the time of the presentation for the Site. administrative fee. For parties paying a distribution to the Committee and the OPPORTUNITY FOR COMMENT: Comments 30% premium (Energy Fuels Nuclear, interested public. See below for must be submitted by October 17, 1996. Inc.), there is an exception to the additional information on providing ADDRESSES: The proposed settlement is covenant not to sue if total response comments to the SAB. available for public inspection at the costs at the Site exceed $6,000,000. For 48952 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices parties paying a 130% premium (the other construction equipment to FEDERAL COMMUNICATIONS Kennecot entities and Lockheed discharge earthen material and chipped COMMISSION Corporation), there is an exception to vegetation (bark) into waters of the [Report No. 2152] the covenant not to sue if total response United States (i.e., vernal pool costs at the Site exceed $20,000,000. wetlands) on property owned and Petitions for Reconsideration and For a period of thirty (30) days from controlled by the City of San Diego, on Clarification of Action in Rulemaking the date of this publication, the public Kearny Mesa, California. The complaint Proceedings may submit comments to EPA relating further alleges that these discharges to this proposed de minimis settlement. never received required authorization September 12, 1996. A copy of the proposed AOC may be from the U.S. Army Corps of Engineers Petitions for reconsideration and obtained from Maureen O’Reilly (8ENF– under section 404 of the Clean Water clarification have been filed in the T), U.S. Environmental Protection Act, 33 U.S.C. 1344. Commission’s rulemaking proceedings Agency, Region VIII, 999 18th Street, listed in this Public Notice and Suite 500, Colorado 80202–2405, (303) DATES: The public is invited to submit published pursuant to 47 CFR Section 312–6402. Additional background written comments on this proposed 1.429(e). The full texts of these information relating to the de minimis penalty action during a thirty day documents are available for viewing and settlement is available for review at the comment period. copying in Room 239, 1919 M Street Superfund Records Center at the above NW., Washington, DC or may be ADDRESSES: Written comments on this address. purchased from the Commission’s copy proposed action should be submitted to It is So Agreed: contractor, ITS, Inc. (202) 857–3800. the Regional Hearing Clerk, U.S. EPA, Dated: September 9, 1996. Oppositions to these petitions must be Region IX, 75 Hawthorne Street, San filed on or before October 2, 1996. See Patricia D. Hull, Francisco, CA 94105. Acting Regional Administrator, U.S. Section 1.4(b)(1) of the Commission’s Environmental Protection Agency, Region FOR FURTHER INFORMATION CONTACT: rules (47 CFR 1.4(b)(1)). Replies to an VIII. Persons wishing to receive a copy of 40 opposition must be filed within 10 days [FR Doc. 96–23789 Filed 9–16–96; 8:45 am] CFR part 22, review the complaint or after the time for filing oppositions has expired. BILLING CODE 6560±50±M other documents filed by the parties in this proceeding, comment on the Subject Amendment of Part 20 and 24 of the [FRL±5611±9] proposed penalty assessment, or participate in any hearing which may be Commission’s Rules—Broadband Notice of Proposed Assessment of held should contact the regional clerk at PCS Competitive Bidding and the Clean Water Act Class II Administrative the address or phone number listed Commercial Mobile Radio Service Penalty and Opportunity To Comment above. Unless otherwise noted, the Spectrum Cap. (WT Docket No. 96– public record for the proceeding is 59) * AGENCY: Environmental Protection Amendment of the Commission’s located in the regional office at the Agency. Cellular/PCS Cross-Ownership address above and is available for public Rule. (GN Docket No. 90–314) ACTION: Notice. inspection during normal business Number of Petition Filed: 8. hours. All information submitted by the SUMMARY: Pursuant to section 309(g) of * This Public Notice includes the petition the Federal Clean Water Act, 33 U.S.C. respondent will be part of the public filed by Eliot J. Greenwald, Attorney for the 1319(g), EPA is authorized to assess a record and subject to provisions of law National Paging & Personal Communications Class II administrative penalty of up to restricting public disclosure of Association and J. Jeffrey Craven, Attorney confidential information. for Personal Technology Service, Inc. and $125,000 against any person who, Digivox Corporation. A previous Public without authorization, discharges a SUPPLEMENTARY INFORMATION: This Notice, Report No. 2146, was released on pollutant to a water of the U.S., as those penalty proceeding and the procedures August 7, 1996 and published in the Federal terms are defined in section 502 of the for public comment and participation Register on August 13, 1996, listed only Act, 33 U.S.C. 1362, and its are governed by EPA’s ‘‘Consolidated seven petitions. We are therefore placing all eight petitions on public notice at this time. implementing regulations. As required Rules of Practice Governing the under section 309(g)(4), 33 U.S.C. Federal Communications Commission. Administrative Assessment of Civil 1319(g)(4), EPA Region IX hereby gives Penalties and the Revocation or William F. Caton, notice of the following proposed Class Suspension of Permits,’’ at 40 CFR part Acting Secretary. II penalty action and the public’s [FR Doc. 96–23675 Filed 9–16–96; 8:45 am] opportunity to comment on it. 22, which is available at most libraries. BILLING CODE 6712±01±M On August 13, 1996, EPA Region IX To provide an opportunity for public commenced proceedings to assess a comment, EPA will not take final actions in the proceeding prior to thirty Class II penalty of $115,000 against the Correction to Report No. 2151; Petition (30) days after publication of this notice. City of San Diego, San Diego County, for Reconsideration and Clarification California 92101 (In the Matter of City Dated: September 4, 1996. of Action in Rulemaking Proceedings of San Diego, Kearny Mesa Site, EPA Alexis Strauss, Docket No. CWA–IX–FY94–46) by filing September 12, 1996. a complaint with the Regional Hearing Acting Director, Water Management Division. Report No. 2151, released September Clerk, U.S. Environmental Protection [FR Doc. 96–23786 Filed 9–16–96; 8:45 am] 6, 1996 listed the below Petition for Agency, Region IX, 75 Hawthorne BILLING CODE 6560±50±P Reconsideration. This petition was Street, San Francisco, California 94105 listed on a previous Public Notice, (415) 744–1389. The complaint alleges released August 30, 1996, therefore the that between July 1992 and May 1993, September 6, was released in error. on at least two occasions, a lessee of the Subject: Bell Operating Company City of San Diego, used earth moving or Provision of Out-of-Region Interstate, Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48953

Interexchange Services. (CC Docket No. Dorthea Thompson (202/452–3544), One commenter noted that the 96–21). Board of Governors of the Federal Board’s request for comment on the Filed By: Frank W. Krogh and Donald Reserve System, 20th Street and proposal did not address either the J. Elardo, Attorneys for MCI Constitution Avenue, NW, Washington, effect the proposal would have on Telecommunications Corporation on 08/ D.C. section 20 subsidiaries, or the 08/96. possibility that the proposal could SUPPLEMENTARY INFORMATION: Federal Communications Commission. permit section 20 subsidiaries to Background 5 William F. Caton, manipulate the revenue limitation. This commenter suggested that the Acting Secretary. Beginning with orders issued in 1987, the Board has authorized certain Board defer action on the proposal until [FR Doc. 96–23676 Filed 9–16–96; 8:45 am] nonbank subsidiaries of bank holding it examined these issues and included BILLING CODE 6712±01±M companies, so-called section 20 the result of that examination in a subsidiaries, to underwrite and deal in second notice requesting public ineligible securities.1 In order to ensure comment on the proposal. More FEDERAL RESERVE SYSTEM compliance with section 20 of the Glass- generally, the commenter stated that comprehensive reform and [Docket No. R±0932] Steagall Act, the Board provided that the gross revenue derived by a section modernization of the financial services 10 Percent Revenue Limit on Bank- 20 subsidiary from underwriting and industry by Congress is the only means Ineligible Activities of Subsidiaries of dealing in ineligible securities not by which banks and securities firms will Bank Holding Companies Engaged in exceed 10 percent of the total gross be able to compete and affiliate on a fair Underwriting and Dealing in Securities revenue of the subsidiary, when revenue and rational basis. For this reason, the is averaged over a rolling 8-quarter commenter urged the Board to defer AGENCY: Board of Governors of the period.2 action on this and other proposed Federal Reserve System. For purposes of complying with the amendments to its section 20 orders. ACTION: Notice. 10 percent revenue limit, section 20 Several commenters urged the Board subsidiaries have reported all interest to clarify or expand its proposal. Five SUMMARY: The Board is adopting a they earn on third-party ineligible debt commenters opined that the Board change in the manner in which interest securities held in an underwriting or should allow section 20 subsidiaries to earned on certain securities held by a dealing capacity as revenue derived treat income derived from holding any company in an underwriting or dealing from underwriting and dealing in security (as opposed to only those capacity is treated in determining ineligible securities.3 Questions have securities a member bank may hold) as whether the company is engaged been raised as to whether this treatment eligible revenue—that is, toward total principally in underwriting and dealing is appropriate for interest earned on revenue but not ineligible revenue. Four in securities for purposes of section 20 debt securities that a member bank is commenters also asserted that section of the Glass-Steagall Act. In order to authorized to hold for its own account 20 subsidiaries should be able to treat ensure compliance with section 20, the under the Glass-Steagall Act. the profit earned from trading in Board requires that the revenue a Accordingly, on July 31, 1996, the Board securities for investment purposes, as company derives from underwriting and sought public comment on a proposal to opposed to dealing in securities, as dealing in securities that a member bank amend its section 20 orders to provide eligible revenue, particularly with may not underwrite or deal in that interest earned by a section 20 respect to securities that member banks (ineligible securities) not exceed 10 subsidiary on the types of debt may invest in. percent of the total revenue of the securities that a member bank may hold company. The Board is amending its would no longer be treated as ineligible Discussion section 20 orders to specify that interest revenue.4 After reviewing the public comments, earned on the types of debt securities Summary of Public Comments that a member bank may hold for its and for the reasons set forth below, the own account is not to be treated as The Board received a total of 38 Board has decided to adopt the revenue from underwriting or dealing in public comments in response to its proposed amendment without change. securities for purposes of section 20. proposal. All but two of the commenters The Board believes that it is not Interest on these securities will continue expressed support for the Board’s appropriate to treat interest earned on to be included in total revenue. Section proposal for the reasons noted in the securities that a member bank is 20 subsidiaries may use this method to Board’s request for public comments. expressly authorized by the Glass- compute compliance with the revenue Steagall Act to hold as revenue from limitation in reports filed with the 1 E.g., Citicorp, 73 Federal Reserve Bulletin 473 underwriting and dealing in ineligible (1987), aff’d, Securities Industry Association v. securities.6 Banks hold such securities Board after the effective date of this Board of Governors, 839 F.2d 47 (2d Cir.), cert. amendment. denied, 486 U.S. 1059 (1988). for their own account, and buy and sell EFFECTIVE DATE: November 12, 1996. 2 Section 20 provides that a member bank may them on a relatively frequent basis as not be affiliated with a company that is ‘‘engaged part of managing their investment FOR FURTHER INFORMATION CONTACT: principally’’ in underwriting and dealing in portfolio. In recognition of this activity, Gregory A. Baer, Managing Senior securities. 12 U.S.C. 377. Section 20 does not prohibit a bank affiliate from underwriting and the Financial Accounting Standards Counsel (202/452–3236), Thomas M. Board changed its accounting rules at Corsi, Senior Attorney (202/452–3275), dealing in securities that banks may underwrite and deal in directly (eligible securities). the end of 1993 to establish separate Legal Division; Michael J. Schoenfeld, 3 Instructions for Preparation of the Financial accounting treatment for bank portfolio Senior Securities Regulation Analyst Statements for a Bank Holding Company Subsidiary securities that are ‘‘available for sale’’ (202/452–2781), Division of Banking Engaged in Bank-Ineligible Securities Underwriting Supervision and Regulation, Board of and Dealing, Form FR Y–20. Schedule SUD-I, Line Item 5 (December 1994)(FR Y–20 Instructions); see 5 The other commenter who urged the Board not Governors of the Federal Reserve also ‘‘Structuring Bank-Eligible and Bank-Ineligible to adopt this proposal did not set forth any reasons System. For the hearing impaired only, Transactions’’ in FR Y–20 Instructions. for opposing it. Telecommunication Device for the Deaf, 4 61 FR 40642 (1996). 6 12 U.S.C. 24 (Seventh), 335; 12 CFR 1.3. 48954 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices and not intended to be held to depending on the products offered and Change in Bank Control Notices; maturity.7 inventory maintained by each Acquisitions of Shares of Banks or Furthermore, the Board believes that subsidiary, as well as the profitability of Bank Holding Companies there is a distinction between the those products.10 interest earned by a section 20 The notificants listed below have Similarly, the Board does not believe subsidiary from holding these kinds of applied under the Change in Bank that there would be any benefit in securities and the profit made from Control Act (12 U.S.C. 1817(j)) and § seeking additional public comment underwriting or reselling them. The 225.41 of the Board’s Regulation Y (12 regarding manipulation of the revenue profit or loss a section 20 subsidiary CFR 225.41) to acquire a bank or bank earns on the resale of ineligible debt test that could arise from the proposed holding company. The factors that are securities the subsidiary holds in amendment. The Board does not believe considered in acting on the notices are inventory is the revenue that should be that the amendment would lead to set forth in paragraph 7 of the Act (12 attributed to performing the functions of manipulation of the test. Interest earned U.S.C. 1817(j)(7)). dealing in or underwriting these on a security is sufficiently distinct from The notices are available for securities, the critical element of which the profit earned or loss incurred on a immediate inspection at the Federal is the actual offering and sale of the security as to allow the Board to Reserve Bank indicated. Once the instruments involved.8 On the other monitor the appropriate classification of notices have been accepted for hand, the interest a subsidiary earns on revenue. As noted, the Board’s quarterly processing, they will also be available ineligible debt securities while it holds report for section 20 subsidiaries for inspection at the offices of the Board them in inventory is revenue best requires that they report interest income of Governors. Interested persons may attributed to holding the securities as a and dividends received separately from express their views in writing to the member bank may do under the Glass- profit or loss. Reserve Bank indicated for that notice Steagall Act.9 Furthermore, the Board has or to the offices of the Board of Accordingly, the Board is amending supervised revenue test compliance by Governors. Comments must be received its section 20 orders to specify that a section 20 subsidiaries for nine years, not later than September 23, 1996. section 20 subsidiary may treat interest and has developed substantial A. Federal Reserve Bank of Kansas earned on the types of debt securities experience in ensuring that section 20 City (John E. Yorke, Senior Vice that a member bank may hold for its subsidiaries properly classify a variety President) 925 Grand Avenue, Kansas own account, either for investment or as of different types of revenue in City, Missouri 64198: an underwriter or dealer, as eligible computing compliance with the 1. Jon and Angela Pope, both of revenue in calculating compliance with limitation on ineligible revenue.11 Hoxie, Kansas; to acquire an additional the Board’s revenue limitation. Section 20 subsidiaries have adopted 29 percent, for a total of 52 percent, and With respect to the suggestion to defer policies, procedures, accounting Lois Madison, Hoxie, Kansas, to acquire action on this proposal, the Board does systems, and related controls to ensure an additional 9 percent, for a total of 30 not believe that the impact of this proper classification of revenues. The percent, of the voting shares of interpretation on any particular firm is Northwest Bancshares, Inc. Rexford, relevant to whether the interpretation Board expects section 20 subsidiaries will amend accounting systems and Kansas, and thereby indirectly acquire properly reflects the requirements of Peoples State Bank, Colby, Kansas. section 20. However, the Board has used controls as necessary, and that internal auditors will continue to monitor Board of Governors of the Federal Reserve proprietary data to consider the impact System, September 9, 1996. the proposal could be expected to have revenue test compliance and revise their Jennifer J. Johnson, on each section 20 subsidiary based on audit programs in response to the its activities and portfolio composition Board’s action. Deputy Secretary of the Board. during prior quarters. Review of reports The Board will review suggestions for [FR Doc. 96–23483 Filed 9-16-96; 8:45 am] and other data provided by the section further changes offered by commenters BILLING CODE 6210-01-F 20 subsidiaries indicates that the impact at a later date. of the change will vary considerably By order of the Board of Governors of the Change in Bank Control Notices; Federal Reserve System, September 11, 7 Acquisitions of Shares of Banks or Statement of Financial Accounting Standards 12 No. 115. 1996. Bank Holding Companies 8 For purposes of the section 20 revenue William W. Wiles, The notificants listed below have limitation, the Board has viewed ‘‘public sale’’ to Secretary of the Board. include the activity of dealing in securities—the applied under the Change in Bank process of buying and reselling to the public [FR Doc. 96–23728 Filed 9–16–96; 8:45 am] Control Act (12 U.S.C. 1817(j)) and § specific securities as part of an ongoing, regular BILLING CODE 6210±01±P business. E.g., Citicorp, supra, at 506–08. The term 225.41 of the Board’s Regulation Y (12 ‘‘underwriting’’ generally refers to the process by CFR 225.41) to acquire a bank or bank which new issues of securities are offered and sold 10 The change will have the greatest impact on holding company. The factors that are to the public. E.g., Securities Industry Association those section 20 subsidiaries with debt and equity considered in acting on the notices are v. Board of Governors, 807 F.2d 1052, 1062–66 underwriting powers who are primary dealers and (D.C. Cir. 1986), cert. denied, 483 U.S. 1005 (1987). maintain substantial inventories of government and set forth in paragraph 7 of the Act (12 9 This distinction is further reflected in the investment-grade ineligible debt securities. Data for U.S.C. 1817(j)(7)). current reporting requirements for section 20 two recent quarters indicates that if the change had The notices are available for subsidiaries and in Generally Accepted Accounting been in effect, quarterly ineligible revenue for each immediate inspection at the Federal Principles for bank holding companies, which such company would have decreased between 19 prescribe that interest revenue be reported percent and 79 percent. Reserve Bank indicated. Once the separately from gains or losses on securities owned. 11 As noted above, section 20 subsidiaries notices have been accepted for FR Y–20 Instructions, Statement of Income, currently report interest income and dividends processing, they will also be available Schedule SUD-I, Line Items 2, 5); Securities and received separately from profit or loss on Form FR for inspection at the offices of the Board Exchange Commission FOCUS Report (Form X– Y–20. 17A–5 Part II) and instructions thereto. Generally 12 Voting for this action: Chairman Greenspan, of Governors. Interested persons may Accepted Accounting Principles incorporate the Vice Chair Rivlin, and Governors Kelley, Lindsey, express their views in writing to the format of the FOCUS Report. Phillips, Yellen and Meyer. Reserve Bank indicated for that notice Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48955 or to the offices of the Board of persons may express their views in C. Federal Reserve Bank of Kansas Governors. Comments must be received writing on the standards enumerated in City (John E. Yorke, Senior Vice not later than October 1, 1996. the BHC Act (12 U.S.C. 1842(c)). If the President) 925 Grand Avenue, Kansas A. Federal Reserve Bank of Atlanta proposal also involves the acquisition of City, Missouri 64198: (Zane R. Kelley, Vice President) 104 a nonbanking company, the review also 1. FirstBank Holding Company of Marietta Street, N.W., Atlanta, Georgia includes whether the acquisition of the Colorado ESOP, Lakewood, Colorado; to 30303: nonbanking company complies with the acquire 26.7 percent of the voting shares 1. Thomas Wayne Colbert, Forest, standards in section 4 of the BHC Act, of FirstBank Holding Company of Mississippi; to acquire an additional including whether the acquisition of the Colorado, Lakewood, Colorado, and 7.21 percent, for a total of 32.04 percent; nonbanking company can ‘‘reasonably thereby indirectly acquire FirstBank of Ann Brand Colbert, Forest, Mississippi; be expected to produce benefits to the Arvada, N.A., Arvada, Colorado; to acquire a total of 3.48 percent; and public, such as greater convenience, FirstBank of Aurora, N.A., Aurora, Thomas Wayne Colbert, Jr., Forest, increased competition, or gains in Colorado; FirstBank of Avon, Avon, Mississippi; to acquire an additional efficiency, that outweigh possible Colorado; FirstBank of Boulder, N.A., 6.93 percent, for a total of 7.09 percent, adverse effects, such as undue Boulder, Colorado; FirstBank of of the voting shares of Community concentration of resources, decreased or Breckenridge, N.A., Breckenridge, Bancshares of Mississippi, Inc., Forest, unfair competition, conflicts of Colorado; FirstBank of Douglas County, Mississippi, and thereby indirectly interests, or unsound banking practices’’ N.A., Castle Rock, Colorado; FirstBank acquire Community Bank of (12 U.S.C. 1843). Any request for of Colorado Springs, Colorado Springs, Mississippi, Forest, Mississippi. a hearing must be accompanied by a Colorado; FirstBank of Cherry Creek, B. Federal Reserve Bank of Chicago statement of the reasons a written N.A., Denver, Colorado; FirstBank of (James A. Bluemle, Vice President) 230 presentation would not suffice in lieu of Denver, N.A., Denver, Colorado; South LaSalle Street, Chicago, Illinois a hearing, identifying specifically any FirstBank of Longmont, Longmont, 60690: questions of fact that are in dispute, Colorado; FirstBank of Northern 1. James Henry Keeline, Yakutat, summarizing the evidence that would Colorado, Fort Collins, Colorado; Alaska, and Richard Orville Carpenter, be presented at a hearing, and indicating FirstBank of Tech Center, N.A., Ruthven, Iowa; each to acquire an how the party commenting would be Englewood, Colorado; FirstBank of additional .92 percent for a total of 55 aggrieved by approval of the proposal. Colorado, N.A., Lakewood, Colorado; percent of the voting share of Ruthven Unless otherwise noted, nonbanking FirstBank of South Jeffco, Littleton, Investment Limited, Ruthven, Iowa, and activities will be conducted throughout Colorado; FirstBank of Lakewood, N.A, thereby indirectly acquire Ruthven State the United States. Lakewood, Colorado; First Bank of Bank, Ruthven, Iowa. Notificants will Unless otherwise noted, comments Littleton, N.A., Littleton, Colorado; jointly control the shares as co- regarding each of these applications FirstBank of Arapahoe County, N.A., executors of the Jennie M. Keeline must be received at the Reserve Bank Littleton, Colorado; FirstBank of (deceased) estate. indicated or the offices of the Board of Silverthorne, N.A., Silverthorne, Colorado; FirstBank of Vail, Vail, Board of Governors of the Federal Reserve Governors not later than October 11, Colorado; FirstBank North, N.A., System, September 11, 1996. 1996. Westminster, Colorado; FirstBank of Jennifer J. Johnson, A. Federal Reserve Bank of Atlanta Wheat Ridge, N.A., Wheat Ridge, (Zane R. Kelley, Vice President) 104 Deputy Secretary of the Board. Colorado; and FirstBank, N.A., Palm Marietta Street, N.W., Atlanta, Georgia [FR Doc. 96–23279 Filed 9–16–96; 8:45 am] Desert, California. 30303: BILLING CODE 6210±01±F 2. Nolte Family Limited Partnership, 1. Smoky Mountain Bancorp, Inc., Kenesaw, Nebraska; to become a bank Gatlinburg, Tennessee; to acquire 100 holding company by acquiring 35 percent of the voting shares of percent of the voting shares of First Formations of, Acquisitions by, and BankFirst, Knoxville, Tennessee. Mergers of Bank Holding Companies Kenesaw Company, Kenesaw, Nebraska, 2. Upson Bankshares, Inc., and thereby indirectly acquire Adams The companies listed in this notice Thomaston, Georgia; to become a bank County Bank, Kenesaw, Nebraska. have applied to the Board for approval, holding company by acquiring 100 In connection with this application, pursuant to the Bank Holding Company percent of the voting shares of Bank of Nolte Family Partnership has also Act of 1956 (12 U.S.C. 1841 et seq.) Upson, Thomaston, Georgia. applied to engage through First (BHC Act), Regulation Y (12 CFR Part 3. Wilson Bank Holding Company, Kenesaw Company, in the sale of 225), and all other applicable statutes Lebanon, Tennessee; to acquire 50 general insurance in towns less than and regulations to become a bank percent of the voting shares of 5,000 in population, pursuant to § holding company and/or to acquire the Community Bank of Smith County, 225.25(b)(8)(iii) of the Board’s assets or the ownership of, control of, or Carthage, Tennessee (in organization). Regulation Y. the power to vote shares of a bank or B. Federal Reserve Bank of St. Louis D. Federal Reserve Bank of Dallas bank holding company and all of the (Randall C. Sumner, Vice President) 411 (Genie D. Short, Vice President) 2200 banks and nonbanking companies Locust Street, St. Louis, Missouri 63166: North Pearl Street, Dallas, Texas 75201- owned by the bank holding company, 1. Union Illinois Company Employee 2272: including the companies listed below. Stock Ownership Trust, Swansea, 1. First Baird Bancshares, Inc., Baird, The applications listed below, as well Illinois; to retain an additional 1.90 Texas, First Baird Bancshares of as other related filings required by the percent, for a total of 33.10 percent, of Delaware, Inc., Dover, Delaware, Board, are available for immediate the voting shares of Union Illinois Weatherford Bancshares, Inc., inspection at the Federal Reserve Bank Company, Swansea, Illinois, and Weatherford, Texas, and First indicated. Once the application has thereby indirectly retain State Bank of Weatherford Bancshares, Inc., been accepted for processing, it will also Jerseyville, Jerseyville, Illinois, and Weatherford, Texas; to acquire 88.81 be available for inspection at the offices Union Bank of Illinois, Swansea, percent of the voting shares of First of the Board of Governors. Interested Illinois. Munday Bancshares, Inc., Munday, 48956 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Texas, and thereby indirectly acquire United States, and would continue to activities would relate to financial, First Munday Bancshares of Delaware, provide services on a nationwide basis. banking, or economic data, and would Inc., Munday, Texas, and First National Section 4(c)(8) of the BHC Act otherwise conform to Regulation Y. Bank in Munday, Munday, Texas. provides that a bank holding company Applicant states that the ALM 2. Paradigm Bancorporation, Inc., may engage in any activity that the hardware to be provided under the Houston, Texas; to become a bank Board, after due notice and opportunity proposal is special purpose hardware holding company by acquiring 100 for hearing, has determined by order or because it is designed to process only percent of the voting shares of Paradigm regulation to be so closely related to financial, banking, or economic data Delaware Bancorporation, Inc., Dover, banking or managing or controlling related to automated loan transactions, Delaware, and thereby indirectly banks as to be a proper incident thereto. and therefore asserts that the provision acquire Woodcreek Bank, Houston, This statutory test requires that two of the hardware is closely related to Texas. separate tests be met for an activity to banking. See Citicorp, 72 Fed. Res. Bull. In connection with this application, be permissible for a bank holding 497, 499 (1986) (Citicorp). To the extent Paradigm Delaware Bancorporation, company. First, the Board must that it is determined that the hardware Inc., Dover, Delaware, has also applied determine that the activity is, as a includes general purpose hardware, to become a bank holding company by general matter, closely related to Applicant states that it will be offered acquiring 100 percent of the voting banking. Second, the Board must find in only in conjunction with permissible shares of Woodcreek Bank, Houston, a particular case that the performance of data processing software and will not Texas. the activity by the applicant bank constitute more than 30 percent of the E. Federal Reserve Bank of San holding company may reasonably be cost of any packaged offering in which Francisco (Kenneth R. Binning, expected to produce public benefits that it is contained, as required by Director, Bank Holding Company) 101 outweigh possible adverse effects. Regulation Y. See 12 CFR Market Street, San Francisco, California A particular activity may be found to 225.25(b)(7)(iii). Applicant also states 94105: meet the ‘‘closely related to banking’’ that there is no other producer of ALM 1. Humboldt Bancorp, Eureka, test if it is demonstrated that banks have hardware, and contends that as a result California; to acquire 100 percent of the generally provided the proposed the production of ALM hardware by voting shares of Humboldt Bank services, that banks generally provide Company is permissible as a necessary Nevada, Las Vegas, Nevada (in services that are operationally or incident to Company’s other activities. organization). functionally similar to the proposed See Citicorp at 500; Board Ruling at II Board of Governors of the Federal Reserve services so as to equip them particularly F.R.R.S. 4-472.1 (June 19, 1989). System, September 11, 1996. well to provide the proposed services, In order to approve the proposal, the Jennifer J. Johnson or that banks generally provide services Board also must determine that the Deputy Secretary of the Board that are so integrally related to the proposed activities to be engaged in by [FR Doc. 96–23731 Filed 9–16–96; 8:45 am] proposed services as to require their Company are a proper incident to provision in a specialized form. banking that ‘‘can reasonably be BILLING CODE 6210±01±F National Courier Ass’n v. Board of expected to produce benefits to the Governors, 516 F.2d 1229, 1237 (D.C. public, such as greater convenience, Notice of Proposal to Engage in Cir. 1975). In addition, the Board may increased competition, or gains in Nonbanking Activities or to Acquire consider any other basis that may efficiency, that outweigh possible Companies that are Engaged in demonstrate that the activity has a adverse effects, such as undue Nonbanking Activities reasonable or close relationship to concentration of resources, decreased or banking or managing or controlling unfair competition, conflicts of Carolina First Corporation, Greenville, banks. Board Statement Regarding interests, or unsound banking South Carolina (Applicant), has given Regulation Y, 49 FR 806 (1984); practices.’’ 12 U.S.C. 1843(c)(8). notice pursuant to section 4(c)(8) of the Securities Industry Ass’n v. Board of Applicant contends that its proposal Bank Holding Company Act (12 U.S.C. Governors, 468 U.S. 207, 210-11, n.5 would produce public benefits by 1843(c)(8)) (BHC Act) and section (1984). A bank holding company also reducing cost and providing greater 225.23(a) of the Board’s Regulation Y may engage in any incidental activities convenience in loan processing that (12 CFR 225.23(a)) to acquire up to 20.2 that are necessary to carry on an activity outweigh any potential adverse effects. percent of the voting shares of Affinity that is closely related to banking. See 12 In publishing the proposal for Technology, Inc., Columbia, South CFR 225.21(a)(2); National Courier at comment, the Board does not take a Carolina (Company), and thereby engage 1239-1241. position on issues raised by the in providing data processing software Applicant states that the Board proposal. Notice of the proposal is and hardware to insured depository previously has determined by regulation published solely to seek the views of institutions (financial institutions). The that providing certain data processing interested persons on the issues software consists of a proprietary and data transmission services and presented by the notice and does not Decision Support System (DSS) that facilities (including software) and represent a determination by the Board would automate the data collection and providing access to such services and that the proposal meets, or is likely to collation and credit scoring involved in facilities by any technological means are meet, the standards of the BHC Act. processing and acting on mortgage and closely related to banking for purposes Any comments or requests for hearing other loan applications. The hardware of section 4(c)(8) of the BHC Act. In should be submitted in writing to consists of automated loan machines order to be found to be closely related William W. Wiles, Secretary, Board of (ALMs) at which financial institution to banking, the data to be handled must Governors of the Federal Reserve customers could apply for and receive be ‘‘financial, banking, or economic’’ in System, Washington, D.C. 20551, not proceeds of loans processed by DSS. nature, and such activities must be later than September 27, 1996. Any Company also would provide the conducted within certain additional request for a hearing on this notice software to operate the ALMs. Company limitations established by the Board. must, as required by § 262.3(e) of the currently provides these services to See 12 CFR 225.25(b)(7). Applicant Board’s Rules of Procedure (12 CFR financial institutions throughout the maintains that Company’s proposed 262.3(e)), be accompanied by a Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48957 statement of reasons why a written hearing, and indicating how the party receivable financing, factoring, and presentation would not suffice in lieu of commenting would be aggrieved by other secured lending activities), a hearing, identifying specifically any approval of the proposal. pursuant to § 225.25(b)(1) of the Board’s questions of fact that are in dispute, Unless otherwise noted, comments Regulation Y; in underwriting and sale summarizing the evidence that would regarding the applications must be of credit life insurance, pursuant to §§ be presented at a hearing, and indicating received at the Reserve Bank indicated 225.25(b)(8)(i) and (vii) of the Board’s how the party commenting would be or the offices of the Board of Governors Regulation Y; in the sale, on an agency aggrieved by approval of the proposal. not later than October 1, 1996. basis, of credit accident and health This application may be inspected at A. Federal Reserve Bank of Boston insurance, credit property and casualty, the offices of the Board of Governors or (Robert M. Brady, Vice President) 600 and involuntary unemployment the Federal Reserve Bank of Richmond. Atlantic Avenue, Boston, Massachusetts insurance, pursuant to § Board of Governors of the Federal Reserve 02106: 225.25(b)(8)(vii) of the Board’s System, September 9, 1996. 1. The Royal Bank of Scotland Group Regulation Y; in the issuance and sale Jennifer J. Johnson plc , Edinburgh, Scotland, The Royal at retail of money orders and travelers Bank of Scotland plc, Edinburgh, Deputy Secretary of the Board checks, pursuant to § 225.25(b)(12) of Scotland, The Governor and Company the Board’s Regulation Y; in the [FR Doc. 96-23482 Filed 9-16-96; 8:45 am] of the Bank of Ireland, Dublin, Ireland, servicing of loans and other extensions BILLING CODE 6210-01-F and Citizens Financial Group, Inc., of credit for other persons, pursuant to Providence, Rhode Island; to engage de § 225.25(b)(1) of the Board’s Regulation novo through their subsidiary, Citizens Y; in offering and selling of Notice of Proposals to Engage in Capital, Inc., Boston, Massachusetts bookkeeping, payroll, and other Permissible Nonbanking Activities or (tentative name), in commercial lending management reporting services and data to Acquire Companies that are activities, pursuant to § 225.25(b)(1) of processing services, pursuant to § Engaged in Permissible Nonbanking the Board’s Regulation Y. 225.25(b)(7) of the Board’s Regulation Y. Activities B. Federal Reserve Bank of Atlanta These activities will be conducted (Zane R. Kelley, Vice President) 104 throughout the State of Maine. The companies listed in this notice Marietta Street, N.W., Atlanta, Georgia have given notice under section 4 of the 30303: Board of Governors of the Federal Reserve Bank Holding Company Act (12 U.S.C. 1. The Colonial BancGroup, Inc., System, September 11, 1996. 1843) (BHC Act) and Regulation Montgomery, Alabama; to acquire First Jennifer J. Johnson Y, (12 CFR Part 225) to engage de novo, Family Financial Corporation, Eustis, Deputy Secretary of the Board or to acquire or control voting securities Florida, and thereby indirectly acquire [FR Doc. 96–23730 Filed 9–16–96; 8:45 am] or assets of a company that engages First Family Bank, FSB, Eustis, Florida, BILLING CODE 6210±01±F either directly or through a subsidiary or and thereby engage in operating a other company, in a nonbanking activity savings association, pursuant to § that is listed in § 225.25 of Regulation 225.25(b)(9) of the Board’s Regulation Y. Y (12 CFR 225.25) or that the Board has These activities will be performed FEDERAL TRADE COMMISSION determined by Order to be closely throughout the State of Florida. related to banking and permissible for C. Federal Reserve Bank of Chicago Sunshine Act Meeting bank holding companies. Unless (James A. Bluemle, Vice President) 230 AGENCY HOLDING THE MEETING: Federal otherwise noted, these activities will be South LaSalle Street, Chicago, Illinois Trade Commission. conducted throughout the United States. 60690: Each notice is available for inspection 1. Brunsville Bancorporation, Inc., TIME AND DATE: 2:00 p.m., Friday, at the Federal Reserve Bank indicated. Brunsville, Iowa; to engage de novo in October 11, 1996. Once the notice has been accepted for acting as an insurance agent and selling PLACE: Federal Trade Commission processing, it will also be available for all types of insurance, pursuant to §§ Building, Room 532, 6th Street and inspection at the offices of the Board of 225.25(b)(8)iii and 225.25(b)(8)vi of the Pennsylvania Avenue, N.W., Governors. Interested persons may Board’s Regulation Y. Washington, D.C. 20580. express their views in writing on the 2. Merrill Bancorporation, Inc., question whether the proposal complies Merrill, Iowa; to engage de novo in STATUS: Parts of this meeting will be with the standards of section 4 of the acting as an insurance agenct and open to the public. The rest of the BHC Act, including whether selling all types of insurance, pursuant meeting will be closed to the public. consummation of the proposal can to §§ 225.25(b)(8)iii and 225.25(b)(8)vi MATTERS TO BE CONSIDERED: ‘‘reasonably be expected to produce of the Board’s Regulation Y. benefits to the public, such as greater D. Federal Reserve Bank of Portions Open to Public: (1) Oral Argument convenience, increased competition, or in International Association of Conference Minneapolis (Karen L. Grandstrand, Interpreters, et al., Docket 9270. gains in efficiency, that outweigh Vice President) 250 Marquette Avenue, Portions Closed to the Public: (2) Executive possible adverse effects, such as undue Minneapolis, Minnesota 55480: Session to follow Oral Argument in concentration of resources, decreased or 1. Norwest Corporation, Minneapolis, International Association of Conference unfair competition, conflicts of Minnesota, Norwest Financial Services, Interpreters, et al., Docket 9270. interests, or unsound banking practices’’ Inc., Des Moines, Iowa, and Norwest (12 U.S.C. 1843). Any request for a Financial, Inc., Des Moines, Iowa; to CONTACT PERSON FOR MORE INFORMATION: hearing on this question must be engage de novo through their subsidiary, Victoria Streitfeld, Office of Public accompanied by a statement of the Norwest Financial Maine, Inc., Des Affairs: (202) 326–2180. Recorded reasons a written presentation would Moines, Iowa, in making, acquiring, or Message: (202) 326–2711. not suffice in lieu of a hearing, servicing loans or other extensions of Donald S. Clark, identifying specifically any questions of credit relating to consumer finance, Secretary. fact that are in dispute, summarizing the sales finance, and commercial finance [FR Doc. 96–23943 Filed 9–13–96; 2:48 pm] evidence that would be presented at a (including but not limited to accounts BILLING CODE 6750±01±M 48958 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

DEPARTMENT OF HEALTH AND providing advice on the development Implementation Study—Community HUMAN SERVICES and presentation of annual welfare Level Data Collection. indicators reports to the Congress OMB No.: New. Advisory Board on Welfare Indicators required by the Social Security Act Meeting Amendments of 1994. Description: The Omnibus Budget The meeting of the Advisory Board is Reconciliation Act of 1993 (OBRA 93) AGENCY: Advisory Board on Welfare open to the public. The agenda for the established title IV–B, subpart 2 of the Indicators. October 2 meeting includes discussion Social Security Act (42 U.S.C. 62–628) ACTION: Notice of meeting. of the interim report to Congress on the: to provide funds to states for the SUMMARY: This notice sets forth the development of indicators of the rate at development of family preservation and schedule and proposed agenda for the which and, to the extent feasible, the family support programs and services. second meeting of the Advisory Board degree to which, families depend on Subpart 2, Section 435 of OBRA 93 on Welfare Indicators. This notice also income from welfare programs and the requires the Secretary of HHS to describes the functions of the Advisory duration of receipt, and predictors of evaluate the effectiveness of programs Board. Notice of this meeting is required welfare receipt; and assessment of the carried out under the legislation. This under section 10(a)(2) of the Federal data needed to report annually on the data collection is being conducted to Advisory Committee Act and is indicators and predictors, including the help meet this requirement and to intended to notify the public of their ability of existing data collection efforts information reauthorization of the opportunity to attend. to provide such data and any additional legislation in 1999. data collection needs. A final agenda DATE AND TIME: October 2, 1996, 9:30 Data collection will ask local child a.m. to 4:00 p.m. will be available from the office of the Assistant Secretary for Planning and welfare agencies and other community ADDRESSES: Humbert H. Humphrey Evaluation—Human Services Policy on service providers and agencies involved Building, Room 503–A/529–A, 200 September 25, 1996. in planning and implementation of title Independence Avenue, S.W., Records will be kept of the Advisory IV–B subpart 2 to provide information Washington, D.C. 20201. Board proceedings, and will be available on the programs and services funded, FOR FURTHER INFORMATION CONTACT: for public inspection at offices of the populations targeted, reform efforts Ann McCormick, Department of Health Assistant Secretary for Planning and initiated, and the coordination of new or and Human Services, Office of the Evaluation—Human Services Policy, expanded programs with the child Assistant Secretary for Planning and 200 Independence Avenue, S.W., room welfare system and other existing Evaluation—Human Services Policy, 404–E, Washington, D.C. 20201 between providers. Both qualitative and 200 Independence Ave., S.W., the hours of 9:00 a.m.–5:00 p.m. quantitative analyses will be completed Washington, D.C. 20201. Telephone: Ann Segal, to highlight the process states employ to (202) 690–5880; FAX: (202) 690–6562. Acting Deputy Assistant Secretary for Human implement the legislation, coordinate SUPPLEMENTARY INFORMATION: The Services Policy, ASPE. with other funding sources, develop Advisory Board on Welfare Indicators [FR Doc. 96–23760 Filed 9–16–96; 8:45 am] new programs, and improve service was established by Subtitle D, section BILLING CODE 4150±04±M delivery systems. The analysis of this 232 of the Social Security Act information will be used to provide Amendments of 1994 (Public Law 103– feedback to ACF necessary to determine 432). The duties of the Advisory Board Administration for Children and the need for future policy guidance and include (A) providing advice and Families recommendations to the Secretary of refine the nature and scope of technical assistance. The information will also Health and Human Services on the Proposed Information Collection development of indicators of the rate at Activity; Comment Request provide direct feedback to states and which and, to the extent feasible, the communities concerning successful degree to which, families depend on Proposed Projects implementation strategies. income from welfare programs and the Title: Family Preservation and Family Respondents: State, Local or Tribal duration of welfare receipt and (B) Support (FP/FS) Service Govt. and Not-for-profit institutions.

ANNUAL BURDEN ESTIMATES

Number of Average Number of responses burden Total bur- Instrument respondents per re- hours per den hours spondent response

Child Welfare ...... 20 1 1.5 30 Family Preservation ...... 20 1 1.0 20 Family Support ...... 60 1 1.5 90 FP/FS Coordinator ...... 20 1 1.5 30 Oversight Committee/Board Member ...... 60 1 1.0 60 Estimated Total Annual Burden Hours: 230.

In compliance with the requirements information collection described above. Division of Information Resource of Section 3506(c)(2)(A) of the Copies of the proposed collection of Management Services, 370 L’Enfant Paperwork Reduction Act of 1995, the information can be obtained and promenade, SW., Washington, DC Administration for Children and comments may be forwarded by writing 20447, Attn: ACF Reports Clearance Families is soliciting public comment to the Administration for Children and Officer. All requests should be on the specific aspects of the Families, Office of Information Services, Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48959 identified by the title of the information maintains official records and sound recommendations for programs to collection. respirators and hazard-measuring prevent and control occupational The Department specifically requests instruments as required by the Federal traumatic injuries; (3) develops comments on: (a) whether the proposed Mine Safety and Health Act of 1977 and scientifically sound recommendations collection of information is necessary the Occupational Safety and Health Act for the performance and use of personal for the proper performance of the of 1970; (3) assists in the development protective equipment and various other functions of the agency, including of new performance criteria, standards, devices for protecting workers; (4) whether the information shall have and guidelines for certification of evaluates the impact of targeted control practical utility; (b) the accuracy of the respirators and hazard-measuring programs for preventing or mitigating agency’s estimate of the burden of the instruments; (4) evaluates quality traumatic injury, diseases, disability, proposed collection of information: (c) control plans, conducts in-plant audits and death; (5) manages program ways to enhance the quality, utility, and of the manufacturers’ quality control planning/project coordination, clarity of the information to be programs, and monitors the quality and including the Division’s financial and collected; and (d) ways to minimize the performance of certified equipment personnel management systems, and burden of the collection of information procured on the open market; (5) ensures the scientific and program on respondents, including through the investigates field problems associated integrity of Division functions. use of automated collection techniques with NIOSH-certified equipment; (6) Delete in its entirety the title and or other forms of information provides assistance to users on the functional statement for the technology. Consideration will be given selection, use, maintenance, and Certification and Quality Assurance to comments and suggestions submitted operation of certified equipment; Branch (HCCB6), Division of Safety within 60 days of this publication. (7)provides recommendations on Research (HCCB). Dated: September 11, 1996. research needs to the Protective Delete the functional statements for Protective Technology Branch (HCCB7), Bob Sargis, Technology Branch and others in the occupational safety and health Protective Equipment Section (HCCB74) Acting Reports Clearance Officer. community. and the Safety Controls Section [FR Doc. 96–23759 Filed 9–16–96; 8:45 am] Air-Purifying Respirator Section (HCCB76, Division of Safety Research BILLING CODE 4184±01±M (HCCA62). (1) Evaluates, recommends (HCCB), and insert the following: certifications, and conducts post- Protective Technology Branch certification audits on air-purifying (HCCB7). (1) Designs and develops new Public Health Service respirators to ensure that they meet and improved safety engineering systems and controls, work practices, Centers for Disease Control and regulatory requirements; (2) evaluates, and personal protective equipment to Prevention; Statement of Organization, recommends certifications, and protect workers; (2) tests and evaluates, Functions, and Delegations of conducts post-certification audits on in the laboratory, simulated workplace, Authority mine samplers; (3) reviews and assists in the development of new performance and actual work-sites, existing and new Part C (Centers for Disease Control requirements, standards, and guidelines technological approaches to worker and Prevention) of the Statement of for air-purifying respirators and mine protection, and occupational injury Organization, Functions, and samplers; (4) reviews and field evaluates prevention and control; (3) evaluates the Delegations of Authority of the quality control plans for air-purifying use and performance of safety Department of Health and Human respirators and mine samplers; (5) engineering controls; (4) develops Services (45 FR 67772–76, dated responds to inquiries and complaints scientifically sound recommendations October 14, 1980, and corrected at 45 FR about air-purifying respirators and mine for the performance and sue of existing 69296, October 20, 1980, as amended samplers. or redesigned safety engineering most recently at 61 FR 35219–28, July Air-Supplied Respirator Section controls, work practices, and personal 5, 1996) is amended to reflect the (HCCA63). (1) Evaluates, recommends protective equipment; (5) develops transfer of responsibilities related to certifications, and conducts post- technical information to support respirator certification research, and certification audits on air-supplied recommendations for safety standards; physiology from the Division of Safety respirators to ensure that they meet (6) coordinates the preparation of Research to the Division of Respiratory regulatory requirements; (2) reviews and technical informational packages from Disease Studies within the National assists in the development of new the Protective Equipment and Safety Institute for Occupational Safety and performance requirements, standards, Controls Sections; (7) provides Health, Centers for Disease Control and and guidelines for air-supplied recommendations to the Analysis and Prevention (CDC). respirators; (3) reviews and field Field Evaluations Branch regarding Following the functional statement for evaluates the quality control plans for specific hazards or interventions the Division of Respiratory Disease air-supplied respirators; (4) responds to requiring further epidemiologic research Studies (HCCA), insert the following: inquiries and complaints about air- and/or evaluation; (8) provides Office of the Director (HCCA1). supplied respirators. technical assistance and consultation to Directs and manages the operations of Delete the functional statement for the other branches within the Division of the Division of Respiratory Disease Division of Safety Research (HCCB) and Safety Research, other components of Studies. insert the following: NIOSH and CDC, other Federal Following the functional statement for Division of Safety Research (HCCB). agencies, and other public and private the Laboratory Investigations Branch (1) As the focal point for the Institute’s sector organizations on the use of (HCCA5), insert the following: occupational traumatic injury protective technology for the prevention Certification and Quality Assurance prevention and safety program, of worker exposures to safety hazards Branch (HCCA6). (1) Ensures protection identifies the major causes of injuries that lead to injuries. of workers in dangerous environments and safety hazards, identifies Protective Equipment Section by certifying reliability, safety, and interventions to improve worker safety, (HCCB74). (1) Conducts research in the efficacy of respiratory protection and supports implementation of these laboratory, simulated workplace, and devices; (2) evaluates, certifies, and interventions; (2) develops scientifically actual workplace to identify ways to 48960 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices improve the performance of personal Protection Section (HCCB75), Protective speech impaired persons may use the protective equipment other than Technology Branch (HCCB7), Division Telecommunications Devices for the respirators; (2) develops and validates of Safety Research (HCCB). Deaf (TDD) by contacting the Federal test methods necessary to evaluate Dated: August 30, 1996. Information Relay Service at 1–800– interventions and to increase the David Satcher, 877–8339. performance of personal protective SUPPLEMENTARY INFORMATION: The equipment; (3) develops Director. Indian HOME Program funding for recommendations for relevant [FR Doc. 96–23708 Filed 9–16–96; 8:45 am] Fiscal Year 1996 is authorized by the constituent groups on the use of BILLING CODE 4160±18±M HOME Investment Partnerships Act (the effective personal protective equipment HOME Act) signed into law on other than respirators; (4) assists in November 28, 1990 (Pub. L. 101–625). preparing technical informational DEPARTMENT OF HOUSING AND The HOME Act was amended by the packages to facilitate the proper use of URBAN DEVELOPMENT Housing and Community Development all types of personal protective [Docket No. FR±3999±N±02] Act of 1992 (Pub. L. 102–550, approved equipment. Safety Controls Section (HCCB76). (1) October 28, 1992) and the Multifamily Office of the Assistant Secretary for Housing Property Disposition Reform Conducts research in the laboratory, Public and Indian Housing; simulated workplace, and actual Act of 1994 (Pub. L. 102–233, approved Announcement of Funding Awards April 11, 1994). workplace to identify effective Indian HOME Program for Indian approaches and/or interventions to Applicants Fiscal Year 1996 This Notice announces FY 1996 increase the performance levels and funding of $14,000,000 to be used to proper use of engineering controls for AGENCY: Office of the Assistant assist in the funding to Indian tribes to protecting workers from all types of Secretary for Public and Indian expand the supply of affordable housing trauma; (2) analyzes potentially Housing, HUD. for very low-income and low-income hazardous operations using systems ACTION: Announcement of funding persons. The FY 1996 awards safety and/or other engineering awards. announced in this Notice were selected techniques to identify safety engineering for funding consistent with the control and safe work practice SUMMARY: In accordance with section provisions in the Notice of Funding strategies; (3) develops and validates 102(a)(4)(C) of the Department of Availability (NOFA) published in the test and measurement methods Housing and Urban Development Federal Register on March 27, 1996 (61 necessary to evaluate interventions, Reform Act of 1989, this document FR 13574). notifies the public of funding awards for performance standards, and regulations The Indian HOME Program for Indian Fiscal Year 1996 for the Indian HOME that involve the performance of controls Applicants is listed in the Catalog of Program for Indian applicants. The and practices for protecting workers Federal Domestic Assistance as number purpose of this notice is to publish the from acute, subacute, chronic, or 14.239. cumulative trauma; (4) evaluates safety names and addresses of the award In accordance with section engineering controls and work practices winners and the amount of the awards 102(a)(4)(C) of the Department of to ensure that they meet established made available by HUD to provide Housing and Urban Development criteria; (5) develops recommendations assistance to the Indian applicants Reform Act of 1989 (Pub. L. 101–235, for the use of effective safety under the HOME Program. approved December 15, 1989), the engineering controls and work practices FOR FURTHER INFORMATION CONTACT: Dom Department is hereby publishing the by relevant constituent groups; (6) Nessi, Office of Native American names, addresses, and amounts of those assists in preparing technical Programs, Office of Public and Indian awards as shown in Appendix A. informational packages to facilitate the Housing, Department of Housing and proper use of safety engineering controls Urban Development, Room B–133, 451 Dated: September 9, 1996. and work practices. Seventh Street SW., Washington, DC Kevin Emanuel Marchman, Delete in its entirety the title and 20410. Telephone (202) 755–0032 (this Acting Assistant Secretary for Public and functional statement for Respiratory is not a toll-free number). Hearing- or Indian Housing.

APPENDIX A

Grant amount FY 96 Indian HOME ProgramÐGrantee's name and address awarded

Quinault Indian Nation, POB 189, Taholah, WA 98587 ...... $818,750 Bois Forte Reservation, Gary W. Donald, Tribal Chairman, POB 16, Nett Lake, MN 55772 ...... 260,000 Mille Lacs Band of Ojibwe, Marge Anderson, Chief Executive, HCR 67, Box 194, Onamia, MN 56359 ...... 741,000 Minominee Tribe of Wisconsin, John Teller, Tribal Chairman, POB 910, Keshena, WI 54135 ...... 85,250 Artic Village Council, POB 50, Arctic Village, AK 99722 ...... 295,000 Cook Inlet Tribal Council, Inc., 670 Fireweed Lane, Ste 200, Anchorage, AK 99503 ...... 868,750 Winnebago Tribe of the Winnebago Reservation of Nebraska, POB 687, Winnebago, NE 68017 ...... 561,000 Devils Lake Sioux Tribe, Fort Totten, ND 58335 ...... 800,000 Cheyenne River Sioux Tribe, POB 590, Eagle Butte, SD 57625 ...... 264,760 Oglala Sioux Tribe, POB H, Pine Ridge, SD 57770 ...... 344,000 Salish-Kootenai Tribes, POB 278, Pablo, MT 59855 ...... 150,000 Three Affiliated Tribes, Fort Berthold Reservation, POB HC 3 Box 2, New Town, ND 58763 ...... 88,990 Mescalero Indian Reservation, Wendell Chino, President, POB 176, Mescalero, NM 88340 ...... 707,250 Pascua Yaqui Indian Tribe, Arcadio Gastelum, Chairperson, 7474 S. Camino de Oeste, Tucson, AZ 85746 ...... 1,500,000 White Mountain Apache Tribe, Ronnie Lupe, Chairperson, POB 700, Whiteriver, AZ 85941 ...... 810,000 Hoopa Valley Indian Reservation, Dale Risling, Chairman, POB 1348, Hoopa, CA 95546 ...... 319,769 Augustine Indian Reservation, Maryann Martin, Chairman, 1185 N. Hargrave St., Banning, CA 92220±2633 ...... 57,736 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48961

APPENDIX AÐContinued

Grant amount FY 96 Indian HOME ProgramÐGrantee's name and address awarded

Jicarilla-Apache Indian Reservation, Leonard Atole, President, POB 507, Dulce, NM 87528 ...... 1,000,000 Tohono O'odham Nation, Edward Manuel, Chairman, POB 837, Sells, AZ 85634 ...... 691,495 Pala Band of Mission Indians, Robert Smith, Chairman, POB 43, Pala, CA 92059 ...... 347,000 San Carlos Apache Tribe, Raymond Stanley, Chairman, POB ``O,'' San Carlos, AZ 85550 ...... 663,000 Cherokee Nation, POB 948, Tahlequah, OK 74465 ...... 419,623 Creek Nation, POB 580, Okmulgee, OK 74447 ...... 1,035,000 Choctaw Nation, PO Drawer 1210, Durant, OK 74702 ...... 1,171,627

[FR Doc. 96–23693 Filed 9–16–96; 8:45 am] America v. State of Alaska, Civil Action nominee should be appointed to serve BILLING CODE 4210±33±P No. A91–081 CV. The Public Advisory as a member; Group was created to advise the Trustee 5. Any additional relevant Council on matters relating to decisions information that would assist the DEPARTMENT OF THE INTERIOR on injury assessment, restoration Trustee Council in making a activities, or other use of natural recommendation; and Office of the Secretary resource damages recovered by the governments. 6. Answers to the conflict of interest Request for Nominations The Trustee Council consists of questions listed below. Public Advisory Group members and their alternates are AGENCY: Office of the Secretary, Interior. representatives of the State of Alaska Attorney General; Commissioner of the chosen to represent a broad range of ACTION: Notice of request for Alaska Department of Fish and Game; interests. It is possible that action could nominations. Commissioner of the Alaska Department be taken by the Public Advisory Group SUMMARY: The Exxon Valdez Oil Spill of Environmental Conservation; the when one or more of the members have Trustee Council is soliciting Secretary of the Interior; the Secretary of a direct personal conflict of interest nominations for the Public Advisory Agriculture; and the Administrator of which would prejudice and call into Group, which advises the Trustee the National Oceanic and Atmospheric question the entire public process. To Council on decisions related to the Administration, U.S. Department of avoid this and to enable the Trustee planning, evaluation, and conduct of Commerce. Appointment to the Public Council to choose appropriate injury assessment and restoration Advisory Group will be made by the individuals as members and/or activities using funds obtained for Secretary of the Interior with alternates to members, it is necessary purposes of restoration as part of the unanimous approval of the other that each nomination packet provide the civil settlement pursuant to the T/V Trustees. following information. If the answer to Exxon Valdez oil spill of 1989. Public The Public Advisory Group has any of these questions is ‘‘yes,’’ please Advisory Group members will be openings for 17 members, representing provide a brief explanation. A ‘‘yes’’ selected to serve a two-year term the public at large (5 members) and the will not necessarily preclude any beginning in October 1996. following special interests: aquaculture, nominee from being appointed to serve commercial fishing, commercial DATES: All nominations should be on the Public Advisory Group. tourism, forest products, environmental, received on or before October 14, 1996. conservation, local government, Native a. Do you, your spouse, children, any ADDRESSES: Nominations should be sent landowners, recreation users, sport relative with whom you live, or your to the Exxon Valdez Oil Spill Trustee hunting and fishing, subsistence users, employer have, or are you defending, a Council, 645 G Street, Anchorage, and scientists and academics. Two claim filed before any court or Alaska 99501 (fax: 907/276–7178). additional ex officio non-voting administrative tribunal based upon FOR FURTHER INFORMATION CONTACT: members are from the Alaska State damages caused by the T/V Exxon Douglas Mutter, Designated Federal House of Representatives and the Alaska Valdez oil spill? Officer, Department of the Interior, State Senate. b. Do you, your spouse, children, any Office of Environmental Policy and Parties who wish to make relative with whom you live, or your Compliance, 1689 ‘‘C’’ Street, Suite 119, nominations must submit the following employer own any property or interest Anchorage, Alaska, 99501, (907) 271– information to the Trustee Council: in property which has been, or is likely 5011; or Cherri Womac, Exxon Valdez 1. A biographical sketch of the to be, proposed for acquisition by the Oil Spill Trustee Council, 645 G Street, nominee (education, experience, Trustee Council? Anchorage, Alaska, (907) 278–8012 or address, telephone, fax); c. Have you, your spouse, children, (800) 478–7745. A copy of the charter 2. Information about the nominee’s any relative with whom you live or your for the Public Advisory Group is knowledge of the region, peoples, or employer submitted, or are you likely to available upon request. principal economic and social activities submit, a proposal for funding by the SUPPLEMENTARY INFORMATION: The of the area affected by the T/V Exxon Public Advisory Group was created by Valdez oil spill, or expertise in public Trustee Council; are you or are you Paragraph V.A.4 of the Memorandum of lands and resource management; likely to be a direct beneficiary of such Agreement and Consent Decree entered 3. Information about the nominee’s a proposal? into by the United States of America relationship/involvement (if any) with d. Do you know of any other potential and the State of Alaska on August 27, the principal interest to be represented; actions of the Trustee Council or the 1991 and approved by the United States 4. A statement explaining any unique Public Advisory Group that would have District Court for the District of Alaska contributions the nominee will make to a direct bearing on the financial in settlement of United States of the Public Advisory Group and why the condition of yourself, your spouse, 48962 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices children, other relative with whom you priorities to species under consideration request the listing or delisting of 57 live, or your employer? for listing as endangered or threatened species under section 4(b)(3) of the Act. Willie R. Taylor, under section 4 of the Endangered The Service has historically attempted Director, Office of Environmental Policy and Species Act of 1973, as amended (16 to strike a balance among the various Compliance. U.S.C. 1531 et seq.). The Service listing activities required by the Act, but [FR Doc. 96–23782 Filed 9–16–96; 8:45 am] adopted those guidelines to establish a as appropriations have not kept pace BILLING CODE 4310±RG±P rational system for allocating available with the Service’s workload, an appropriations to the highest priority increased backlog of listing actions has species when adding species to the lists developed. Fish and Wildlife Service of endangered or threatened wildlife In anticipation of receiving a listing and plants or reclassifying threatened appropriation for the remainder of FY Endangered and Threatened Wildlife species to endangered status. The 96, the Service issued and requested and Plants; Extension of Listing system places greatest importance on comment on interim listing priority Priority Guidance for Fiscal Year 1997 the immediacy and magnitude of guidance on March 11, 1996 (61 FR threats, but also factors in the level of 9651). On May 16, 1996, the Service AGENCY: Fish and Wildlife Service, taxonomic distinctiveness by assigning addressed all public comments received Interior. priority in descending order to on the interim guidance and published ACTION: Notice. monotypic genera, full species, and final listing priority guidance for fiscal subspecies (or equivalently, distinct year 1996 activities (61 FR 24722). It is SUMMARY: The U.S. Fish and Wildlife population segments of vertebrates). this guidance that is now extended until Service (Service) announces that it is The enactment of Pub. L. 104–6 in the Service can prepare final guidance extending its listing priority guidance April, 1995 rescinded $1.5 million from based on the terms of a FY 97 until an appropriations law is approved the Service’s budget for carrying out appropriations law. for the Department of the Interior for listing activities through the remainder When the moratorium was lifted and fiscal year 1997 (FY 97). The Service of fiscal year 1995. Public Law 104–6 funds were appropriated for the also proposes to amend and continue also contained a prohibition on the administration of a listing program, the implementation of guidance for expenditure of the remaining Service faced the considerable task of assigning relative priorities to listing appropriated funds for final allocating the available resources to the actions conducted under section 4 of the determinations to list species or significant backlog of listing activities. Endangered Species Act (Act) during FY designate critical habitat which, in Over the past four months, the Service 97 and seeks public comment on this effect, placed a moratorium on those has focussed its resources on processing proposed guidance. The extension is activities. existing proposals and has issued final necessary because the Service expects From October 1, 1995 through April rules listing five species.1 The relatively appropriated funds to fall short of those 26, 1996, funding for the Service’s low number of final rules issued during needed to eliminate the existing backlog endangered species programs, including this period resulted primarily from the of proposed listings and complete all listing of endangered and threatened time needed to restart the listing listing actions required by the Act in FY species, was provided through a series program from a total shutdown and the 97. Under the proposed guidance, the of continuing resolutions, each of which need to consider factual developments Service would assign all listing actions maintained in force the moratorium related to proposed listing packages to one of four tiers, as distinguished against issuing final listings or critical (e.g., changes in known distribution, from the three tiers in the current habitat designations. The continuing status, or threats) that took place during guidance (61 FR 24722). resolutions also severely reduced or the year-long moratorium. DATES: The extension of the existing eliminated the funding available for the Although progress has been made listing priority guidance is effective Service’s listing program. Consequently, with regard to proposed rules, the October 1, 1996 and will remain in the Service reassigned listing program Service also needs to make expeditious effect until the Service can determine personnel to other duties. The net effect progress on determining the the effects of any FY 97 appropriations of the moratorium and reductions in conservation status of the 183 2 species law and then issue final guidance. funding was that the Service’s listing designated by the Service as candidates Comments on the proposed FY 97 program was essentially shut down. for listing in the most recent Candidate guidance will be accepted until October The moratorium on final listings and Notice of Review (61 FR 7596; February 17, 1996. the budget constraints remained in 28, 1996; see 16 U.S.C. effect until April 26, 1996, when § 1533(b)(3)(B)(iii)(II)). The Service is ADDRESSES: Comments on the proposed President Clinton approved the also subject to extensive litigation that guidance should be addressed to the Omnibus Budget Reconciliation Act of could require it to process a variety of Chief, Division of Endangered Species, 1996 and exercised the authority that actions under section 4 of the Act. U.S. Fish and Wildlife Service, 1849 C Act gave him to waive the moratorium. Furthermore, it now appears that Street, N.W., Mailstop ARLSQ–452, At that time, the Service had accrued a Congress will probably appropriate only Washington, D.C., 20240. backlog of proposed listings for 243 about two-thirds of the amount the FOR FURTHER INFORMATION CONTACT: E. species. Moreover, although the President’s FY 97 budget requested for LaVerne Smith, Chief, Division of moratorium imposed by Pub. L. 104–6 the listing program. The President’s Endangered Species, U.S. Fish and did not specifically extend to petition budget for FY 97 requested $7.483 Wildlife Service, 703–358–2171 (see processing or the development of new million for the listing program, but ADDRESSES section). proposed listings, the extremely limited appropriations bills passed by the SUPPLEMENTARY INFORMATION: funding available to the Service for listing activities generally precluded 1 Final rules listing the red-legged frog, wahane Background these actions from October 1, 1995 (Hawaiian plant), and 3 plants from the Island of Nihoa, Hawaii. The Service adopted guidelines on through April 26, 1996. The Service 2 Effective August 26, 1996, the U.S. population September 21, 1983 (48 FR 43098– continued to receive new petitions and of the short-tailed albatross (Diomedea albetrus) 43105) that govern the assignment of accrued a backlog of petitions that was designated a candidate species. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48963

House of Representatives and reported not subject to the terms of the petition findings, and critical habitat out by the Senate Appropriations Agreement have high listing priority determinations. Committee each propose to appropriate number assignments (64 non-settlement, Section 4(b)(1) of the Act requires the only $5 million for the program. The candidate species have priority numbers Service to use the ‘‘best available Senate bill also proposes to ‘‘earmark’’ of 1, 2 or 3), the Service would, in order scientific and commercial information’’ $500,000 to be devoted specifically to to be consistent with the 1983 listing to determine those species in need of withdrawal notices, delistings, or priority guidance, have to process all the Act’s protections. It has been long- reclassifications of endangered species 183 candidate species (85 settlement, 98 standing Service policy that the order in to threatened species. non-settlement) if ordered to comply which species should be processed for The above discussed backlogs and the fully with the terms of the Settlement listing is based primarily on the pending funding shortfall underscore Agreement during FY 97. immediacy and magnitude of the threats the need for program-wide priorities to The Service’s entire anticipated FY 97 they face. Given the large backlogs of guide the allocation of limited listing budget is insufficient to comply proposed species, candidate species resources. Moreover, existing and with the Fund for Animals Settlement awaiting proposal, and petitions, it is threatened litigation may overwhelm Agreement. If it attempted to comply, it extremely important for the Service to the limited resources the Service would devote no resources to making focus its efforts on actions that will anticipates receiving in FY 97 unless final listing decisions on the 237 provide the greatest conservation priorities are set in advance. species, the vast majority of which face benefits to imperiled species in the most For example, the plaintiffs in Fund for high-magnitude threats, that have expeditious manner. Animals v. Babbitt, Civ. No. 92–800 (SS) already been proposed for listing. The Service will continue to base (D.D.C.), recently filed a motion to Though so close to receiving the full decisions regarding the order in which enforce the December 15, 1992 protection of the Act, these species species will be proposed or listed on the Settlement Agreement in that case. They would move no closer to that goal while 1983 listing priority guidelines. These request the District Court to order the all the Service’s efforts would be bent decisions will be implemented by the Service to publish listing proposals for toward deciding whether to move Regional Office designated with lead 41 of the candidate species covered by candidate species closer to proposed responsibility for the particular species. The Service allocates its listing the Agreement (referred to hereafter as listing, where they receive some limited ‘‘settlement species’’) by December 30, appropriation among its seven Regional procedural protection (the Section 7 1996, and to publish listing proposals Offices based primarily on the number conference requirement, see 16 U.S.C. for the remaining 44 settlement species of proposed and candidate species for § 1536(a)(4)), but not the full substantive by March 30, 1997. which the Region has lead Resolution of the conservation status and procedural protection afforded by responsibility. The objective is to ensure of these 85 settlement species would final listing. that those areas of the country with the require, for each species, publication of This course of action would also largest percentage of known imperiled either a proposed listing rule or a notice result in a still larger backlog of up to biota will receive a correspondingly stating reasons why listing is not 420 proposed species. Meanwhile, the high level of listing resources. The warranted. The Agreement does not administrative records on many of the Service’s experience in administering require final decisions on listings. 237 species pending final decision the Act for the past two decades has Therefore, full compliance with the could require, due to the additional one- shown that it needs to maintain at least Agreement will not bring the full year delay in the decision-making a minimal listing program in each protection of the Act to any species, but process, further public notice and Region, in order to respond to rather would only somewhat advance comment proceedings in fiscal year emergencies and to retain a level of the process toward listing. 1998 because the scientific data they expertise that permits the overall Up to the time the funding for the contain may no longer be current. program to function effectively over the listing program became severely In short, enforcement of the Fund for longer term. In the past, when faced constrained, the Service was on track to Animals Settlement Agreement in FY 97 with seriously uneven workloads, the achieve full compliance with this would delay for at least one year the Service has experimented with Agreement. The Service had published, issuance of final listing rules and, in reassigning workload from a heavily during the period covered by the fiscal year 1998, would make the burdened Region to less-burdened Agreement, proposed listing rules for process of issuing final listing rules for Regions. This approach has proven to be 359 candidate species. the aging backlog of proposed species very inefficient because the expertise Despite this progress, the Service is more time and labor intensive. Such developed by a biologist who works on now left with the following dilemma. If action would entirely frustrate the a listing package will be useful for it were to continue to spend scarce objective of waiving the final listing recovery planning and other activities appropriated funds to move candidate moratorium in April of 1996. Therefore, and that expertise should be species forward to the proposed listing in accordance with the Interior concentrated in the area which the stage in order to comply with the Department’s recommendation, the species inhabits. In addition, biologists Settlement Agreement, it would deplete Department of Justice has filed a motion in a Region are familiar with other the entire $4.5 million listing with the District Court that seeks species in that Region that interact with appropriation that is anticipated for FY appropriate relief from the terms of the the species proposed for listing, and that 97. Processing of proposed listing rules Agreement, consistent with the listing knowledge may be useful in processing requires the investment of considerable priorities articulated in this Notice. a final decision. For these reasons, the time and resources. It involves In order to focus conservation benefits Service does not believe it is wise to substantial research, status review, on those species in greatest need of the reassign workload from one Region to coordination with State and local Act’s protections, the Service believes another. governments and other interested that processing the outstanding By maintaining a listing program in parties, and conducting public hearings proposed listings should receive higher each Region, and with resource and peer review. Furthermore, since priority than other actions authorized by allocation based on workload, Regions most of the 98 candidate species that are section 4 such as new proposed listings, with few outstanding proposed listings 48964 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices will be able to process Tier 3 actions delistings or reclassifications of a preliminary review of every petition (such as new proposed listings or endangered species to threatened that it receives to list a species or petition findings), while Regions with species, the Service has not proposed to change a threatened species to many outstanding proposed listings will include them within this priority endangered status in order to determine use most or all of their allocated funds system. If the FY 97 appropriations law whether an emergency situation exists. on Tier 2 actions. For example, does not contain an earmark for those If the initial screening indicates an following the lifting of the moratorium activities, the Service’s final guidance emergency situation, the action would in April 1996, the Service allocated would prioritize such activities as be elevated to Tier 1. If the initial $2,336,000 to Region 1 (Pacific/Western appropriate. The Service invites public screening does not indicate that Region), which continues to face a comment on how it ought to prioritize emergency listing is necessary, substantial backlog of Tier 2 actions, such activities if no earmark emerges processing of the petition would be while Region 3 (Great Lakes/Midwest from the appropriations process. assigned to Tier 3 below. Region) received only $27,000. The If $4,500,000 would remain in the Tier 2—Processing Final Decisions on Service cannot make Regional allocation listing budget for all other listing Proposed Listings of funds for FY 97 until it receives a activities, it will fall far short of the final appropriation; however, it expects resources needed to eliminate the In issuing the proposed listings that that a similar funding disparity will backlog of proposed species and remain outstanding, the Service found result based on workload. Workload complete all listing actions required by that the vast majority of the proposed variations will also mean that Region 3, the Act in FY 97, and some form of species faced high-magnitude threats. which only has two proposed species, prioritization will still be necessary. The Service believes that focusing could begin work on some Tier 3 actions Therefore, the Service proposes to efforts on making final decisions under the revised guidance proposed in implement the following guidance in FY relative to these proposed species would this notice while Region 1, which has 97, on the assumption that the listing best comport with the overall purpose of 196 proposed species, will be primarily program budget will be appropriated no the Act by providing maximum only processing final decisions on more than $5,000,000. conservation benefits to those species proposed listings in FY 97. The Service The following sections describe a that are in greatest need of the Act’s anticipates that Nationwide, only a multi-tiered approach that assigns protections. As proposed listings are small amount of funding will be used on relative priorities, on a descending reviewed and processed, they will be activities below Tier 2, because Regions basis, to listing actions to be carried out completed through publication of either that do not face a sizeable backlog of under section 4 of the Act. The 1983 a final listing or a notice withdrawing Tier 2 actions will not receive listing priority guidelines would be the proposed listing. While completion significant amounts of funding. used as applicable to set priority among of a withdrawal notice may appear In light of the continued budgetary actions within tiers. The Service inconsistent with the thrust of the uncertainty facing the Service at this emphasizes that this guidance would be guidance, once a determination not to time, through this notice the Service is effective until September 30, 1997 make a final listing has been made, extending the listing priority guidance (unless extended or canceled by future publishing the notice withdrawing the currently in effect until the Service can notice) and the agency fully anticipates proposed listing takes minimal time and prepare final guidance based on the returning to concurrently processing appropriations, and it is important and terms of a FY 97 appropriations law. To petition findings, proposed and final more cost effective and efficient to bring address the biological, budgetary, and listings, and critical habitat closure to the proposed listing, as administrative issues noted above in the determinations after the backlog of compared to postponing action and longer term, the Service proposes to proposed listings has been further taking it up at some later time. adopt the following revised listing reduced. Setting Priorities Within Tier 2 priority guidance. As with the guidance Completion of emergency listings for issued May 16, 1996, this guidance species facing a significant risk to their Most of the outstanding proposed would supplement, but not replace, the well-being would remain the Service’s listings deal with species that face high- 1983 listing priority guidelines, which highest priority (Tier 1) under the magnitude threats, such that additional are silent on the matter of prioritizing revised system. Processing final guidance is needed to clarify the relative among different types of listing decisions on pending proposed listings priorities within Tier 2. Proposed rules activities. would, as now, be assigned to Tier 2. dealing with taxa believed to face Third priority would be to resolve the imminent, high-magnitude threats Proposed Listing Priority Guidance for conservation status of species identified (listing priority assignments of 1 Fiscal Year 1997 as candidates and processing 90-day or through 3) would have the highest As noted above, the bill reported out 12-month administrative findings on priority within Tier 2. of the Senate Appropriations Committee petitions to list, delist, reclassify, or Proposed listings that cover multiple for FY 97 would ‘‘earmark’’ $500,000 of revise critical habitat. Preparation of species facing high-magnitude threats the listing budget to be devoted proposed or final critical habitat would have priority over single-species specifically to withdrawal notices, designations would be assigned lowest proposed rules unless the Service has delistings, or reclassifications of priority (Tier 4). reason to believe that the single-species endangered species to threatened proposal should be processed to avoid species. If such an ‘‘earmark’’ emerges Tier 1—Emergency Listing Actions possible extinction. from the congressional process, those The Service would immediately Due to unresolved questions or to the actions would be processed as the process emergency listings for any length of time since proposal, the ‘‘earmarked’’ amount of funding permits species of fish, wildlife, or plant that Service may determine that additional and would not be subject to this faces a significant risk to its well-being public comment or hearings are proposed guidance. under the emergency listing provisions necessary before issuing a final decision Since it is unclear at this date whether of section 4(b)(7) of the Act. This would for Tier 2 actions. Proposed listings for any amount will be ‘‘earmarked’’ in the include preparing a proposed rule to list species facing high-magnitude threats FY 97 appropriations law for any the species. The Service would conduct that can be quickly completed (based on Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48965 factors such as few public comments to flows from critical habitat designation biological judgments, set listing address or final decisions that are nearly applies only to Federal actions, priorities. The Regional Office with complete) would have higher priority situations where designating critical responsibility for processing such than proposed rules for species with habitat provides additional protection packages will be responsible for equivalent listing priorities that still beyond the consultation provisions of determining the relative priority of such require extensive work to complete. section 7, which also apply to Federal cases based upon this proposed Given species with equivalent listing actions, are rare. It is essential during guidance and the 1983 listing priority priorities and the factors previously this period of limited listing funds to guidelines, and for furnishing discussed being equal, proposed listings maximize the conservation benefit of supporting documentation that can be with the oldest dates of issue would be listing appropriations. The Service submitted to the relevant court to processed first. believes that the small amount of indicate where such species rank in the additional protection that is gained by Tier 3—Resolving the Conservation overall priority scheme. designating critical habitat for species Status of Candidate Species and already on the lists is greatly Public Comments Solicited Processing Administrative Findings on outweighed by the benefits of applying The Service intends that any action Petitions those same dollars to putting more resulting from this proposed guidance As of this date, the Service has species on the lists, where they would be as accurate and as effective as determined that 183 species warrant gain the protections included in possible. Therefore, any comments or issuance of proposed listings. The Act sections 7 and 9. The Service has suggestions from the public, other directs the Service to make ‘‘expeditious decided, in other words, to place higher concerned governmental agencies, the progress’’ in adding new species to the priority on addressing species that scientific community, environmental lists. Issuance of new proposed listings presently have no or very limited groups, industry, commercial trade is the first formal step in the regulatory protection under the Act, rather than entities, or any other interested party process for listing a species. It provides devoting limited resources to the concerning any aspect of this proposed some procedural protection in that all expensive process of designating critical guidance are hereby solicited. The Federal agencies must ‘‘confer’’ with the habitat for species already protected by Service will take into consideration any Service on any actions that are likely to the Act. comments and additional information jeopardize the continued existence of Addressing Matters in Litigation received (especially the final FY 97 proposed species. appropriations law) and will announce Administrative findings for listing Using the proposed guidance and the further guidance after the close of the petitions that are not assigned to Tier 1 1983 listing priority guidelines, the public comment period and as promptly after initial screening would also be Service will assess the status and the as possible after a FY 97 appropriations processed as a Tier 3 priority. As the relative priority of all section 4 petition bill for the Department of the Interior is Regional offices complete their pending and rulemaking activities that are the approved and becomes law. Tier 1 and 2 actions, they will be subject of active litigation. The Service, expected to begin processing Tier 3 through the Department of the Interior’s Authority actions. Within the discretionary funds Office of the Solicitor, will then notify The authority for this notice is the available, each Region should begin the Justice Department of its priority Endangered Species Act of 1973, as processing Tier 3 actions once all Tier determinations and request that amended, 16 U.S.C. 1531 et seq. appropriate relief be sought from each 2 determinations are underway and near Dated: September 9, 1996. district court to allow those species with completion and then Tier 4 actions once John G. Rogers, Tier 3 actions are underway. Setting the highest biological priority to be addressed first. As noted in the Acting Director, U.S. Fish and Wildlife priorities within Tier 3 is discussed Service. below. guidance issued May 16, 1996, when the Service undertakes one listing activity, [FR Doc. 96–23719 Filed 9–16–96; 8:45 am] Setting Priorities Within Tier 3 it inevitably foregoes another, and in BILLING CODE 4310±55±P The 1983 listing priority guidelines some cases courts have ordered the and the basic principle that species in Service to complete activities that are greatest need of protection should be simply not, in the Service’s expert Environmental Assessment; Texas processed first would be the primary judgment, among the highest biological ACTION: Availability of an bases for establishing priorities within priorities. However, to the extent that Environmental Assessment/Habitat Tier 3. Highest priority within Tier 3 these efforts to uphold the Service’s Conservation Plan and Receipt of would be processing of new proposed listing priority guidance and the 1983 Application for Incidental Take Permit listings for species facing imminent, listing priority guidelines do not receive for Construction of One Single Family high-magnitude threats. If the initial deference in the courts, the Service will Residence on 8.0 acres on Bullick Bluff screening of a petition suggests that the need to comply with court orders (Tax parcel #01–5947–011600007), species probably faces imminent, high despite any conservation disruption that Austin, Travis County, Texas. magnitude threats, processing that may result. The fact that the Service action will be accorded high priority. acknowledges its duty to comply with SUMMARY: Jane Marie Hurst (applicant) court orders should not, however, be has applied to the U.S. Fish and Tier 4— Processing Critical Habitat interpreted to mean that any court order Wildlife Service (Service) for an Determinations is consistent with this guidance without incidental take permit pursuant to Designation of critical habitat regard to how disruptive it may be to Section 10(a) of the Endangered Species consumes large amounts of the Service’s the Service’s effort to make the most Act (Act). The applicant has been listing appropriation and generally biologically sound use of its resources. assigned permit number PRT–818874. provides only limited conservation The Service will not elevate the The requested permit, which is for a benefits beyond those achieved when a priority of proposed listings for species period of 5 years, would authorize the species is listed as endangered or under active litigation. To do so would incidental take of the endangered threatened. Because the protection that let litigants, rather than expert golden-cheeked warbler (Dendroica 48966 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices chrysoparia). The proposed take would species incidental to, and not the Public Purposes Act and leasing under occur as a result of the construction of purpose of, otherwise lawful activities. the mineral leasing laws for a period of one single family residence on 8.0 acres Regulations governing permits for two (2) years from date of this on Bullick Bluff (Tax parcel #01–5947– endangered species are at 50 CFR 17.22 publication in the Federal Register. The 011600007), Austin, Travis County, Lynn B. Starnes, segregative affect will terminate upon Texas. Acting Regional Director, Region 2, issuance of the patent to San Juan This action will eliminate less than Albuquerque, New Mexico. County, or two (2) years from the date one-half acre and indirectly impact less [FR Doc. 96–23752 Filed 9–16–96; 8:45 am] of this publication, whichever occurs than one-half additional acre of golden- BILLING CODE 4510±55±M first. cheeked warbler habitat. The applicant The patent, when issued, will be proposes to compensate for this loss of subject to the following terms: golden-cheeked warbler habitat by Bureau of Land Management 1. Reservation to the United States of placing $1,500 into the City of Austin a right-of-way for ditches and canals in Balcones Canyonlands Conservation [NM±070±1430±01; NMNM96317] accordance with 43 U.S.C. 945. Fund to acquire/manage lands for the 2. Reservation to the United States of Notice of Realty ActionÐRecreation conservation of the golden-cheeked all minerals. and Public Purpose (R&PP) Act warbler. 3. All valid existing rights, e.g. rights- Classification, New Mexico The Service has prepared the of-way and leases of record. 4. Provisions that if the patentee or its Environmental Assessment/Habitat AGENCY: Bureau of Land Management, successor attempts to transfer title to or Conservation Plan (EA/HCP) for the Interior. incidental take application. Alternatives control over the land to another or the ACTION: Notice of R&PP patent of public land is devoted to a use other than for to this action were rejected because land in San Juan County, New Mexico. selling or not developing the subject which the land was conveyed, without the consent of the Secretary of the property with federally listed species SUMMARY: The following described present is not economically feasible. A public land is determined suitable for Interior or his delegate, or prohibits or determination of whether jeopardy to classification for patenting to San Juan restricts, directly or indirectly, or the species will occur or a Finding of No County, New Mexico under the permits its agents, employees, Significant Impact (FONSI) will not be provisions of the Recreation and Public contractors, or subcontractors, including made before 30 days from the date of Purposes (R&PP) Act, as amended (43 without limitation, lessees, sublessees publication of this notice. This notice is U.S.C. 869 et seq.). San Juan County and permittees, to prohibit or restrict, provided pursuant to Section 10(c) of proposes to use the land for a solid directly or indirectly, the use of any part the Act and National Environmental waste transfer station. of the patented lands or any of the Policy Act regulations (40 CFR 1506.6). facilities whereon by any person New Mexico Principal Meridian because of such person’s race, creed, DATES: Written comments on the application should be received by T. 25 N., R. 9 W., color, or national origin, title shall Sec. 19, lot 4. October 17, 1996. revert to the United States. A portion of lot 4 containing 5 acres, more The lands are not needed for Federal ADDRESSES: Persons wishing to review or less. purposes. Patenting is consistent with the application may obtain a copy by COMMENT DATES: On or before November current Bureau of Land Management writing to the Regional Director, U.S. policies and land use planning. The Fish and Wildlife Service, P.O. Box 4, 1996 interested parties may submit comments regarding the purposed proposal serves the public interest since 1306, Albuquerque, New Mexico 87103. it would provide readily accessible Persons wishing to review the EA/HCP conveyance or classification of the lands to the Bureau of Land Management at facilities to the surrounding public for may obtain a copy by contacting Joseph deposition of solid waste. E. Johnston or Mary Orms, Ecological the following address. Any adverse Services Field Office, 10711 Burnet comments will be reviewed by the Dated: September 12, 1996. Road, Suite 200, Austin, Texas 78758 Bureau of Land Management, Ilyse K. Auringer, (512/490–0063). Documents will be Farmington District Manager, 1235 Acting Assistant District Manager for Lands available for public inspection by LaPlata Highway, Farmington, NM and Renewable Resources. written request, by appointment only, 87401, who may sustain, vacate, or [FR Doc. 96–23862 Filed 9–16–96; 8:45 am] during normal business hours (8:00 to modify this realty action. In the absence BILLING CODE 4310±84±M 4:30) at the above Austin address. of any adverse comments, this realty Written data or comments concerning action becomes the final determination the application(s) and EA/HCPs should of the Department of the Interior and Minerals Management Service effective November 20, 1996. be submitted to the Field Supervisor, at Outer Continental Shelf (OCS) Policy FOR FURTHER INFORMATION CONTACT: the Austin Ecological Services Field Committee of the Minerals Information related to this action, Office at the above address. Please refer Management Advisory Board; Notice including the environmental to permit number PRT–818874 when and Agenda for Meeting submitting comments. assessment, is available for review at the FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, AGENCY: Minerals Management Service, Joseph E. Johnston or Mary Orms at the Farmington District Office, 1235 LaPlata Interior. above Austin Ecological Service Field Highway, Farmington, NM 87401. SUMMARY: The OCS Policy Committee of Office. SUPPLEMENTARY INFORMATION: the Minerals Management Advisory SUPPLEMENTARY INFORMATION: Section 9 Publication of this notice segregates the Board will meet at the Grand Hotel in of the Act prohibits the ‘‘taking’’ of public land described above from all Gulfport, Mississippi on October 23–24, endangered species such as the golden- other forms of appropriation under the 1996. cheeked warbler. However, the Service, public land laws, including the general The agenda will cover the following under limited circumstances, may issue mining laws, except for leasing and principal subjects: permits to take endangered wildlife conveyance under the Recreation and —5-Year Program Review Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48967

—Report from the Subcommittee on for public review and discussion of the p.m. October 24, 1996. The public is Environmental Information for Select DGMP/DEIS. invited to comment on the preferred and OCS Areas Under Moratoria other alternatives and their potential SUMMARY: —Advances in Well Control Technology Pursuant to section 102(2)(c) impacts. The meeting will be and Training of the National Environmental Policy announced in local news media in Act of 1969, the National Park Service —DOE Research Projects Relating to the October 1996. Citizens of both nations (NPS) announces the availability of the OCS are invited to attend. draft general management plan/draft —Congressional Updates environmental impact statement for SUPPLEMENTARY INFORMATION: Public —Hard Minerals Update Saint Croix Island International Historic reading copies of the DGMP/DEIS will —Offshore Platform Abandonment Site, the only international historic site be available for review at the —MMS Activities in the International (IHS) in the National Park Service. Department of Interior Natural Arena In 1604, Pierre Dugua Sieur de Mons Resources Library, 1849 C Street, N.W., The meeting is open to the public. and 78 other men, including Samuel Washington, DC 20240, and at the Upon request, interested parties may Champlain, established a colony on St. following public libraries: Calais Free make oral or written presentations to the Croix Island in the St. Croix River, now Library; Peavey Memorial Library, OCS Policy Committee. Such requests the boundary between Maine, U.S.A., Eastport; Porter Memorial Library, should be made no later than October and New Brunswick, Canada. Isolation Machias; Bangor Public Library; and 11, 1996, to the Office of Advisory and a harsh winter severely tested the Jesup Memorial Library, Bar Harbor, Board Support, Minerals Management colonists. Almost half died of scurvy Maine, U.S.A.; and in the St. Croix Service, 381 Elden Street, MS–4110, before mild weather brought Native Library, St. Stephen; and Ross Memorial Herndon, Virginia, 20170, Attention: peoples to the island with fresh game, Library, St. Andrews, New Brunswick, Terry Holman. and a supply vessel arrived from France. Canada. Requests to make oral statements Sieur de Mons moved his colony to a Comments on the DGMP/DEIS should should be accompanied by a summary more favorable setting at Port Royal in be submitted to the Superintendent, of the statement to be made. For more what is now the Annapolis Basin, Nova Acadia National Park, P.O. Box 177, Bar information, call Terry Holman at (703) Scotia. Harbor, Maine 04609–0177. 787–1211. St. Croix Island was authorized as a For Further Information contact the Minutes of the OCS Policy Committee national monument in 1949, dedicated superintendent at the above address, or call meeting will be available for public in 1968, and redesignated an (207) 288–5472. Direct faxes to (207) 288– inspection and copying at the Minerals international historic site in 1984. A 5507; E-mail to [email protected]. Management Service in Herndon, memorandum of understanding between Dated: September 4, 1996. Virginia. Canada and the United States recognizes Len Bobinchock, the international significance of the site Acting Superintendent, Acadia National DATES: Wednesday, October 23 and and commits both nations to joint Thursday, October 24, 1996. Park. planning and commemoration. [FR Doc. 96–23814 Filed 9–16–96; 8:45 am] ADDRESS: The Grant Hotel, 3215 W. The document describes four Beach Boulevard, Gulfport, Mississippi management alternatives, each of which BILLING CODE 4310±10±P 39501—(800)–946–7777. would preserve and protect significant FOR FURTHER INFORMATION CONTACT: site resources. Site interpretive media National Register of Historic Places; Terry Holman at the address and phone would be in both English and French. Notification of Pending Nominations number listed above. All alternatives would encourage visitors to view the site with respect. Nominations for the following Authority: Federal Advisory Committee Alternative 1—No Action, would entail Act, P.L. No. 92–463, 5 U.S.C. Appendix 1, properties being considered for listing and the Office of Management and Budget’s no new facilities development. in the National Register were received Circular No. A–63, Revised. Alternative 2—Walk in the Footsteps, by the National Park Service before would provide an outdoor interpretive Dated: September 9, 1996. September 7, 1996. Pursuant to § 60.13 experience emphasizing the natural Lucy R. Querques, of 36 CFR Part 60 written comments setting. Alternative 3—NPS Contact concerning the significance of these Acting Associate Director for Offshore Station, the preferred alternative, would Minerals Management. properties under the National Register provide increased visitor services and criteria for evaluation may be forwarded [FR Doc. 96–23723 Filed 9–16–96; 8:45 am] interpretive programs by developing a to the National Register, National Park BILLING CODE 4310±MR±M modest visitor contact station on the Service, P.O. Box 37127, Washington, mainland. Alternative 4—Regional D.C. 20013–7127. Written comments Resource Center, would promote National Park Service should be submitted by October 2, 1996. development of a cooperative, Carol D. Shull, Draft General Management Plan/Draft community-supported regional resource Keeper of the National Register. center located in downtown Calais, Environmental Impact Statement and Arizona Public Meeting; Saint Croix Island Maine. International Historic Site DATES: Comments on the DGMP/DEIS Maricopa County should be received no later than Bartlett, Samuel L., House, 325 W. Northern AGENCY: National Park Service, Interior. November 25, 1996. A public meeting Ave., Phoenix, 96001057 ACTIONS: on the DGMP/DEIS will be held in (1) Availability of draft general Mohave County management plan (DGMP)/draft Calais, Maine, on October 24, 1996. Northern Avenue Petroglyph Site, Address environmental impact statement (DEIS) MEETING: NPS staff will present the Restricted, Kingman vicinity, 96001054 for Saint Croix Island International DGMP/DEIS at a meeting to be held in Historic Site located in Calais, the assembly room of Washington Pinal County Washington County, Maine, U.S.A., and County Technical College on River Road Fulbright, Thomas, House, 75 S. Matilda St., (2) a public meeting in Calais, Maine, (U.S. Route 1), Calais, Maine, at 7:00 Florence, 96001055 48968 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

La Casa del High Jinks, High Jinks Rd., 8 mi. Virgin Islands Telephone No.: 011–(62–21)–367972. SE of Oracle and 2.5 mi. W of Mt. Lemmon 3. Attention: Mr. Ibrahim Zarkasi, Rd., Oracle, 96001056 St. Croix Island Fort Frederick, S of jct. of Mahogany Rd. and Bank of Indonesia, One World Financial California Rt. 631, N end of Frederiksted, Center, 200 Liberty Street, 6th Floor, Mendocino County Frederiksted, 96001073 New York, N.Y. 10281. Telefax No.: 212/945–1316 (preferred Mare Island Historic District (Boundary Virginia Increase), Roughly bounded by Mare Island communication). Straight, Causeway St., Cedar Ave., Mesa Albemarle County Telephone Nos.: 212/945–1310 or Rd., Ribeiro Rd., and Tyler Rd., Vallejo Longwood, N side of VA 665, jct. with VA 1311. vicinity, 96001058 663 and VA 664, Earlysville vicinity, Interested lenders should contact the 96001074 Florida Borrower as soon as possible and Williamsburg Independent City indicate their interest in providing Indian River County Chandler Court and Pollard Park Historic financing for the Housing Guaranty Fell, Marian, Library (Fellsmere MPS), 63 N. District, Roughly bounded by Jamestown Program. Interested lenders should Cypress St., Fellsmere, 96001059 Rd., Griffin Ave., Pollard Park, and College submit their bids to the Borrower’s Iowa of William and Mary Maintenance Yard, representatives by Tuesday, October 1, Williamsburg, 96001075 1996, 12:00 noon Eastern Daylight Crawford County [FR Doc. 96–23813 Filed 9–16–96; 8:45 am] Savings Time. Bids should be open for Klondike Hotel, 332 3rd St., Manilla, a period of 48 hours from the bid 96001060 BILLING CODE 4310±70±P closing date. Copies of all bids should Dallas County be simultaneously sent to the following: Perry Carnegie Library Building (Public AGENCY FOR INTERNATIONAL Mr. William Gelman, Director, Regional Library Buildings in Iowa TR), 1123 Willis DEVELOPMENT Housing and Urban Development Office, Ave., Perry, 96001061 USAID/Jakarta, Box 4, APO AP 96520, c/ Louisiana Housing Guaranty Program; Notice of o American Embassy, Jakarta, Indonesia, Investment Opportunity (Street address: J1 Medan Merdeka Selatan Ouachita Parish No. 5, Jakarta, Indonesia). Monroe Residential Historic District, Roughly The U.S. Agency for International Telex No.: 44218 AMEMB IA. bounded by McKinley St., 7th St., Hudson Development (USAID) has authorized Telefax No.: 011–(62–21)–380–6694 Lne., and Riverside Dr., Monroe, 96001062 the guaranty of loans to the Republic of and 385–8560 (preferred Indonesia (‘‘Borrower’’) as part of Massachusetts communication). USAID’s development assistance Suffolk County program. The proceeds of this loan will Telephone No.: 011–(62–21)–344– Frederick Douglass Square Historic District, be used to facilitate the delivery of 2211. Roughly bounded by Hammond St., Cobat urban environmental infrastructure for Address: Mr. Peter Pirnie, Financial St., Windsor St., and Westminister St., Advisor, U.S. Agency for International Lower Roxbury, Boston, 96001063 the benefit of low-income families in Indonesia. At this time, the Government Development, Office of Environment Missouri of Indonesia has authorized USAID to and Urban Programs, G/ENV/UP, Room 409, SA–18, Washington, DC 20523– Johnson County request proposals from eligible lenders for loans under this program of $25 1822. Magnolia Mills, 200 W. Pine St., Telex No.: 892703 AID WSA. Warrensburg, 96001064 Million U.S. Dollars (US$25,000,000). The name and address of the Borrower’s Telefax Nos.: 703/875–4384 or 875– Lafayette County representatives to be contacted by 4639 (preferred communciation). Odessa Ice Cream Company Building, 101 W. interested U.S. lenders or investment Telephone Nos.: 703–875–4300 or Dryden St., Odessa, 96001065 bankers, the amount of the loan and 875–4510. North Dakota project number are indicated below: For your information the Borrower is currently considering the following Burke County Government of Indonesia terms: Portal State Bank, 19 Main St., Portal, Project No: 497–HG–002—Amount: (1) Amount: U.S. $25 million. 96001067 US$25,000,000. (2) Term: 30 years. McHenry County Housing Guaranty Loan Nos.: 497– (3) Grace Period: Ten years grace on Sevareid, Alfred and Clara, House, 405 2nd HG–008 B01, 497–HG–009 A01. repayment of principal. (During grace St., W, Velva, 96001066 1. Attention: Mr. Darsjah, Director period, semi-annual of interest only). If General of Budget, Ministry of Finance, Oregon variable interest rate, repayment of Jalan Lapangan, Banten Timur No. 2, principal to amortize in equal, semi- Clackamas County Jakarta, Indonesia. annual installments over the remaining Telex No.: 45799 DJMLNIA or Rogers, George, House, 59 Wilbur St., Lake 20-year life of the loan. If fixed interest Oswego, 96001068 Telefax No.: 011–(62–21)–365859 or 374530 (preferred communication). rate, semi-annual level payments of Multnomah County Telephone Nos.: 011–(62–21)– principal and interest over the Corbett, Elliott R., House, 1600 S.W. 3458289, 372758 or 3842234 or remaining 20-year life of the loan. Greenwood Rd., Portland vicinity, 3848294. (4) Interest Rate: Alternatives of both 96001070 2. Attention: Mr. Paul Sutopo, Bank of fixed and variable rate loans are Laurelhurst Manor Apartments, 3100 S.E. Indonesia, Jalan M.H. Tharmin No. 2, requested. Ankeny St., Portland, 96001069 (a) Fixed Interest Rate: If rates are to Spokane, Portland and Seattle Railroad Jakarta, Indonesia. Warehouse, 1631 N.W. Thurman St., Telex No.: 44200 BISIR IA or 46611 be quoted based on a spread over an Portland, 96001071 BISIR IA. index, the lender should use as its index Tunturi, Fred, House, 5115 N.E. Garfield, Telefax No.: 011–(62–21)–3452892 a long bond, specifically the 6.0% U.S. Portland, 96001072 (preferred communication). Treasury Bond due February 15, 2026. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48969

Such rate is to be set at the time of Information as to the eligibility of substitutability. Information collected acceptance. investors and other aspects of the will be used to assess the competitive (b) Variable Interest Rate: To be based USAID housing guaranty program can conditions in the U.S. market for on the six-month British Bankers be obtained from: crawfish. Association LIBOR, preferably with Ms. Viviann Gary, Director, Office of Need and Use of Information: The terms relating to Borrower’s right to Environment and Urban Programs, U.S. information collected will contribute to convert to fixed. The rate should be Agency for International Development, an assessment of the competitive adjusted weekly. Room 409, SA–18, Washington, D.C. conditions in the U.S. market for (5) Prepayment: 20523–1822, Fax Nos: 703/875–4384 or crawfish as requested by the Committee (a) Offers should include any options 875–4639, Telephone: 703 875–4300. on Ways and Means, U.S. House of for prepayment and mention Dated: September 12, 1996. Representatives. prepayment premiums, if any. Michael G. Kitay, Description of Respondents: (b) Only in an extraordinary event to Assistant General Counsel, Bureau for Global Producers, processors, and distributors assure compliance with statutes binding Programs, Field Support and Research, U.S. of crawfish. USAID, USAID reserves the right to Agency for International Development. Number of Respondents: 350. accelerate the loan (it should be noted [FR Doc. 96–23864 Filed 9–16–96; 8:45 am] Frequency of Responses: Reporting— that since the inception of the USAID BILLING CODE 6116±01±M One Time. Housing Guaranty Program in 1962, Total Burden Hours: 5,218. USAID has not exercised its right of ADDITIONAL INFORMATION OR COMMENT: acceleration). Copies of agency submissions to OMB (6) Fees: Offers should specify the INTERNATIONAL TRADE COMMISSION in connection with this request may be placement fees and other expenses, obtained from David Ludwick, Project including USAID fees, Paying and [Investigation 332±368] Leader for the Crawfish investigation, Transfer Agent fees, and out of pocket U.S. International Trade Commission, expenses, etc. Lenders are requested to Information Collection Submitted to 500 E Street, SW, Washington, DC include all legal fees in their placement the Office of Management and Budget 20436 (telephone no. 202–205–3329). fee. Such fees and expenses shall be for Review Under the Paperwork Comments should be addressed to: Desk payable at closing from the proceeds of Reduction Act Officer for U.S. International Trade the loan. All fees should be clearly AGENCY: United States International Commission, Office of Information and specified in the offer. Trade Commission. Regulatory Affairs, Office of (7) Closing Date: Not to exceed 60 ACTION: The U.S. International Trade Management and Budget (OMB), days from date of selection of lender. Washington, DC 20503 (telephone no. Selection of investment bankers and/ Commission (USITC) has submitted the following information collection 202–395–7340). Copies of any or lenders and the terms of the loan are comments should also be provided to initially subject to the individual requirements to the Office of Management and Budget (OMB) Robert Rogowsky, Director, Office of discretion of the Borrower, and Operations, U.S. International Trade thereafter, subject to approval by requesting emergency processing for review and clearance under the Commission, 500 E Street, S.W., USAID. Disbursements under the loan Washington, DC 20436, who is the will be subject to certain conditions Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35). The Commission has Commission’s designated Senior Official required of the Borrower by USAID as under the Paperwork Reduction Act. set forth in agreements between USAID requested OMB approval of this submission by COB September 13, 1996. Hearing impaired individuals are and the Borrower. advised that information on this matter The full repayment of the loans will EFFECTIVE DATE: September 6, 1996. can be obtained by contacting our TTD be guaranteed by USAID. The USAID terminal (telephone no. 202–205–1810). guaranty will be backed by the full faith PURPOSE OF INFORMATION COLLECTION: and credit of the United States of This information collection is for use by By order of the Commission. America and will be issued pursuant to the Commission in connection with Issued: September 10, 1996. authority in Section 222 of the foreign investigation No. 332–368, Crawfish: Donna R. Koehnke, Assistance Act of 1961, as amended (the Competitive Conditions in the U.S. Secretary. ‘‘Act’’). Market, instituted under the authority of [FR Doc. 96–23689 Filed 9–16–96; 8:45 am] section 332(g) of the Tariff Act of 1930 Lenders eligible to receive the USAID BILLING CODE 7020±02±P guaranty are those specified in Section (19 U.S.C. 1332(g)). This investigation 238(c) of the Act. They are: (a) U.S. was requested by the Committee on citizens; (2) domestic U.S. corporations, Ways and Means, U.S. House of [Investigation No. 332±369] partnerships, or associations Representatives. The Commission Advice Concerning Possible substantially beneficially owned by U.S. expects to deliver the results of its Modifications to the U.S. Generalized citizens; (3) foreign corporations whose investigation to the Committee by System of Preferences share capital is at least 95 percent February 28, 1997. owned by U.S. citizens; and, (4) foreign SUMMARY: AGENCY: United States International partnerships or associations wholly Title: Questionnaires for Investigation Trade Commission. owned by U.S. citizens. No. 332–368, Crawfish: Competitive ACTION: Institution of investigation and To be eligible for the USAID guaranty, Conditions in the U.S. Market. scheduling of hearing. the loans must be repayable in full no Summary: Staff of the USITC plans to later than the thirtieth anniversary of gather primary data from crawfish SUMMARY: On August 23, 1996, the the disbursement of the principal producers, processors, and purchasers. Commission received a request from the amount thereof and the interest rates The questionnaires are designed to United States Trade Representative may be no higher than the maximum collect information on U.S. production, (USTR) for an investigation under rate established from time to time by sales, imports, purchases, prices section 332(g) of the Tariff Act of 1930 USAID. employment, profit and loss, and for the purpose of providing advice 48970 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices concerning possible modifications to the FOR FURTHER INFORMATION CONTACT: In the event that no requests to appear Generalized System of Preferences (1) Agricultural and forest products, at the hearing are received by the close (GSP). Lowell Grant (202–205–3312). of business on September 20, 1996, the Following receipt of the request and (2) Energy, chemicals, and textiles, hearing will be canceled. Any person in accordance therewith, the Robert Randall (202–205–3366). interested in attending the hearing as an Commission instituted Investigation No. (3) Minerals, metals, machinery, and observer or non-participant may call the 332–369 in order to provide as miscellaneous manufactures, Charles Secretary to the Commission (202–205– follows— Yost (202–205–3432). 1816) after September 30, 1996 to (1) In accordance with sections (4) Services, electronics, and determine whether the hearing will be 503(a)(1)(A), 503(e), and 131(a) of the Trade transportation, John Davitt (202–205– held. Act of 1974 (1974 Act), with respect to each 3407). Written Submissions article listed in Part A of the attached annex, All of the above are in the advice as to the probable economic effect on In lieu of or in addition to appearing U.S. industries producing like or directly Commission’s Office of Industries. For at the public hearing, interested persons competitive articles and on consumers of the information on legal aspects of the are invited to submit written statements elimination of U.S. import duties under the investigation contact William Gearhart concerning the investigation. Written GSP; of the Commission’s Office of the statements should be received by the (2) In accordance with section 503(c)(2)(E) General Counsel at 202–205–3091. of the 1974 Act, which exempts from one of close of business on October 18, 1996. the competitive need limits in section Background Commercial or financial information which a submitter desires the 503(c)(2)(A) of the 1974 Act articles for The USTR letter noted that the Trade Commission to treat as confidential which no like or directly competitive articles Policy Staff Committee (TPSC) was being produced in the United States on must be submitted on separate sheets of announced on July 28, 1995 in the January 1, 1995, advice as to whether paper, each clearly marked Federal Register the acceptance of products like or directly competitive with the ‘‘Confidential Business Information’’ at product petitions for modification of the articles in Part A of the attached annex were the top. All submissions requesting Generalized System of Preferences being produced in the United States on confidential treatment must conform January 1, 1995; (GSP) received as part of the 1995 with the requirements of section 201.6 (3) With respect to the article listed in Part annual review. The letter stated that of the Commission’s Rules of Practice B of the attached annex, advice as to the modifications to the GSP which may and Procedure (19 CFR 201.6). All probable economic effect on U.S. industries result from this review will be written submissions, except for producing like or directly competitive announced in the spring of 1997, and articles and on consumers of the removal of confidential business information, will become effective in the summer of 1997. the article in Part B of the attached annex be made available for inspection by The 1995 annual review was not from eligibility for duty-free treatment under interested persons. All submissions conducted because the authority for the the GSP; should be addressed to the Secretary at GSP program terminated on July 31, (4) With respect to the articles listed in Part the Commission’s office in Washington, C of the attached annex, advice as to the 1995. Legislation amending the GSP D.C. probable economic effect on U.S. industries provisions and extending the program Hearing-impaired individuals are producing like or directly competitive was signed by the President on August advised that information on this matter articles and on consumers of the removal of 20, 1996 (Public Law 104–188, 110 Stat. can be obtained by contacting our TDD the country specified with respect to the 1755) (Small Business Job Protection terminal on (202) 205–1810. articles in Part C from eligibility for duty-free Act of 1996—for the GSP related treatment under the GSP for such article; By order of the Commission. provisions, see subtitle J of title I of the (5) In accordance with section 503(d)(1)(A) Issued: September 10, 1996. Act). The amendments apply to articles of the 1974 Act, advice as to whether any Donna R. Koehnke, industry in the United States is likely to be entered on or after October 1, 1996. Secretary. adversely affected by a waiver of the Public Hearing competitive need limits specified in section Annex I (HTS Subheadings) 1  503 (2)(A) of the 1974 Act for the country A public hearing in connection with A. Petition to add products to the list specified with respect to the articles in Part this investigation is scheduled to begin of eligible articles for the Generalized D of the attached annex, and with respect to at 9:30 a.m. on October 9, 1996, at the System of Preference (GSP). Cote d’Ivoire in case 95–1 (HTS subheading U.S. International Trade Commission 0802.90.9090 (pt)). 0802.90.9090(pt) Building, 500 E Street, SW., 2901.29.50 In providing its advice under (1), the Washington, D.C. The hearing may, if 2921.51.50(pt) Commission will assume, as requested necessary, continue on October 10 and 2934.20.80(pt) by USTR, that the benefits of the GSP 11. All persons have the right to appear 5701.10.40(pt) would not apply to imports that would by counsel or in person, to present 6901.00.00 be excluded from receiving such information, and to be heard. Persons 8527.29.80 benefits by virtue of the competitive wishing to appear at the public hearing 8607.19.03 need limits specified in section 503 should file a letter asking to testify with B. Petitions to remove a product from (2)(A) of the 1974 Act (except for Cote the Secretary, U.S. International Trade the list of eligible articles for the GSP. d’Ivoire in case 95–1 (HTS subheading Commission, 500 E Street, SW., 9609.10.00 0802.90.9090 pt.). With respect to the Washington, DC 20436, not later than C. Petitions to remove duty-free status competitive need limit in section the close of business (5:15 p.m.) on from beneficiary countries for products 503(c)(2)(A)(I)(I) of the 1974 Act, the September 20, 1996. In addition, on the list of eligible articles for the Commission, as requested, will use the persons testifying should file prehearing GSP.2 dollar value limit of $122,141,016. briefs (original and 14 copies) with the As requested by USTR, the Secretary by the close of business on 1 See USTR Federal Register notice of July 28, Commission will seek to provide its September 25, 1996. Posthearing briefs 1995, (60 F.R. 38856) for article description. advice not later than December 2, 1996. should be filed with the Secretary by 2 While the Trade Policy Staff Committee (TPSC) EFFECTIVE DATE: September 9, 1996. close of business on October 18, 1996. review will focus on the designated country(ies), Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48971

2001.90.39(pt) (Chile) Issued: September 13, 1996. obtained upon request and payment of 2005.90.5510 (Chile) Donna R. Koehnke, a copying fee. 2820.10.00 (South Africa) Secretary. Constance K. Robinson, 7006.00.40 (Indonesia) [FR Doc. 96–23908 Filed 9–13–96; 12:02 pm] Director of Operations. D. Petitions for waiver of competitive BILLING CODE 7020±02±U In the United States District Court for need limit for products on the list of the District of Columbia eligible products for the specified country. United States of America, State of Texas, by and through its Attorney General, Dan 0802.90.9090 (Cote d’Ivoire) DEPARTMENT OF JUSTICE Morales and Commonwealth of 1604.16.10 (Morocco) Pennsylvania, by and through its Attorney 1604.16.30 (Morocco) Antitrust Division General, Thomas W. Corbett, Jr. Plaintiffs, v. 2905.11.20 (Venezuela) USA Waste Services, Inc., and Sanifill, Inc. 2909.19.1010 (Venezuela) United States v. USA Waste Services, Defendants. 2917.37.00 (Romania) Inc. and Sanifill, Inc.; Proposed Final [Civil Action No.: 1:96–CZ02031] Judgment and Competitive Impact 2933.39.25 (Brazil) Filed: August 30, 1996. 2933.40.30 (Brazil) Statement 4104.39.20 (Thailand) Judge Gladys Kessler 4107.90.60 (South Africa) Notice is hereby given pursuant to the Stipulation on Jurisdiction and Agreed 4203.21.20 (Indonesia) Antitrust Procedures and Penalties Act, Final Judgment 6905.10.00 (Venezuela) 15 U.S.C. §§ 16 (b) through (h), that proposed Final Judgment, Stipulation, It is stipulated by and between the 7614.90.20 (Venezuela) undersigned parties, through their and Competitive Impact Statement have 8414.30.40 (Brazil) respective attorneys, that: 8469.12.00 (Indonesia) been filed with the United States 1. The Court has jurisdiction over the 8471.49.26 (Thailand) District Court in the District of subject matter of this action and over 8471.60.35 (Thailand) Columbia in United States v. USA each of the parties hereto, and venue of 8517.19.40 (Thailand) Waste Services, Inc. and Sanifill, Inc., this action is proper in the District of 8517.19.80 (Thailand) Civil Action No. 1:96CV02031. Columbia. 8517.21.00 (Thailand) On August 30, 1996, the United States 2. The parties consent that a Final 8521.10.60 (Thailand) filed a Complaint alleging that the Judgment in the form hereto attached 8527.21.10 (Brazil) proposed acquisition by USA Waste may be filed and entered by the Court, 8527.31.40 (Indonesia) Services, Inc. of the stock of Sanifill, upon the motion of any party or upon 8527.90.90 (Philippines) Inc. would violate Section 7 of the the Court’s own motion, at any time 8544.30.00 (Thailand) Clayton Act, 15 U.S.C. 18. The proposed after compliance with the requirements 9009.12.00 (Thailand) Final Judgment, filed the same time as of the Antitrust Procedures and Penalties Act (15 U.S.C. 16(b)–(h)), and 9032.89.60 (Philippines) the Complaint, requires the companies, without further notice to any party or [FR Doc. 96–23679 Filed 9–16–96; 8:45 am] among other things, to divest a dry other proceedings, provided that BILLING CODE 7020±02±P waste landfill and certain commercial plaintiffs have not withdrawn their and residential hauling assets in consent, which they may do at any time Houston, Texas; make available certain Sunshine Act Meeting before the entry of the proposed Final municipal solid waste landfill capacity Judgment by serving notice thereof on AGENCY HOLDING THE MEETING: United rights in the Houston area and the defendants and by filing that notice States International Trade Commission. Johnstown, Pennsylvania area; and with the Court. amend specified waste hauler contract TIME AND DATE: September 25, 1996 at 3. The parties shall abide by and 11:00 a.m. terms in the Johnstown area in a way comply with the provisions of the which fosters competition. proposed Final Judgment pending entry PLACE: Room 101, 500 E Street S.W., of the Final Judgment, and shall, from Washington, DC 20436. Public comment is invited within the statutory 60-day comment period. Such the date of the filing of this Stipulation, STATUS: Open to the public. comments and response thereto will be comply with all the terms and MATTERS TO BE CONSIDERED: published in the Federal Register and provisions thereof as though the same filed with the Court. Comments should were in full force and effect as an order 1. Agenda for future meeting. of the Court. 2. Minutes. be directed to J. Robert Kramer, Chief, 4. In the event plaintiffs withdraw 3. Ratification List. Litigation II Section, Antitrust Division, their consent or if the proposed Final 4. Inv. No. 731–TA–556 (Remand) (DRAMs United States Department of Justice, of One Megabit and Above from the Republic Judgment is not entered pursuant to this 1401 H Street, N.W., Suite 3000, Stipulation, this Stipulation shall have of Korea)—briefing and vote. Washington, D.C. 20530 (telephone: 5. Outstanding action jackets: none. no effect whatever and the making of 202/307–0924). this Stipulation shall be without In accordance with Commission Copies of the Complaint, Stipulation prejudice to any party in this or any policy, subject matter listed above, not other proceeding. disposed of at the scheduled meeting, and Order, Proposed Final Judgment, may be carried over to the agenda of the and Competitive Impact Statement are Dated: August 30, 1996. following meeting. available for inspection in Room 215 of Respectfully submitted, the U.S. Department of Justice, Antitrust For Plaintiff United States of America: By order of the Commission. Division, 325 7th Street, N.W., Anne K. Bingaman, Washington, D.C. 20530, (202) 514– Assistant Attorney General. the TSPC reserves the right to address removal of GSP status for countries other than those specified 2841. Copies of these materials may be Lawrence R. Fullerton, as well as GSP status for the entire article. Deputy Assistant Attorney General. 48972 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Constance K. Robinson, Waste Services, Inc., Sanifill, Inc., the required below can and will be made Director of Operations. Office of the Attorney General of the and that defendants will later raise no J. Robert Kramer II, State of Texas, and the Office of the claims of hardship or difficulty as PA Bar # 23963. Attorney General of the Commonwealth grounds for asking the Court to modify Willie L. Hudgins, of Pennsylvania, by placing a copy of any of the divestiture or contract DC Bar # 37127. the United States’ Explanation of provisions contained below; David R. Bickel, Consent Decree Procedures in the U.S. Now, therefore, before the taking of mail, directed to each of the above- DC Bar # 393409. any testimony, and without trial or named parties at the addresses given adjudication of any issue of fact or law Joel A. Christie, below, this 30th day of August, 1996. WI Bar # 1019438. herein, and upon consent of the parties USA Waste Services, Inc.: c/o James R. hereto, it is hereby ordered, adjudged, Michael K. Hammaker, Weiss, Preston, Gates, Suite 500, 1735 # and decreed as follows: DC Bar 233684. New York Ave., NW., Washington, DC Attorneys, U.S. Department of Justice, 20006. I Antitrust Division, 1401 H St., NW., Suite Sanifill, Inc.: c/o Kirk K. Van Tine, 3000, Washington, DC 20530, (202) 307– Baker & Botts, LLP, 1299 Jurisdiction 1168. Pennsylvania Ave., NW., Washington, For Plaintiff State of Texas: This Court has jurisdiction over the DC 20004. subject matter of this action and over Dan Morales, State of Pennsylvania: James A. Attorney General of Texas. each of the parties hereto. The Donahue, III, Senior Deputy Attorney Complaint states a claim upon which Jorge Vega, General, Antitrust Section, 14th Floor, First Assistant Attorney General. relief may be granted against the Strawberry Square, Harrisburg, PA defendants under Section 7 of the Laquita A. Hamilton, 17120. Clayton Act, as amended (15 U.S.C. State of Texas: Mark Tobey, Assistant Deputy Attorney General for Litigation. § 18). Thomas P. Perkins, Jr., Attorney General, Deputy Chief for Chief, Consumer Protection Division. Antitrust, Office of the Attorney II Mark Tobey, General of Texas, P.O. Box 12548, Austin, TX 78711–2548. Definitions Assistant Attorney General, Deputy Chief for Antitrust. David R. Bickel, As used in this Final Judgment: Amy R. Krasner, Attorney, U.S. Department of Justice, Antitrust Division, 1401 H Street, N.W., Suite A. ‘‘Solid waste hauling’’ means the Assistant Attorney General, TX Bar No. collection and transportation to a 00791050. 3000, Washington, D.C. 20503, (202) 307– 1168. disposal site of municipal solid waste Office of the Attorney General of Texas, P.O. (but not construction and demolition Box 12548, Austin, TX 78711–2548, (512) Final Judgment 463–2185. waste; medical waste; organic waste; Whereas, plaintiffs, United States of For Plaintiff Commonwealth of special waste, such as contaminated Pennsylvania: America (‘‘United States’’), the State of soil; sludge; or recycled materials) from Thomas W. Corbett, Jr., Texas (‘‘Texas’’), and the residential, commercial and industrial Attorney General of Pennsylvania. Commonwealth of Pennsylvania customers. Solid waste hauling includes (‘‘Pennsylvania’’), having filed their Carl S. Hisiro, hand pick-up, containerized pick-up Complaint herein on August 30, 1996, and roll-off service. Chief Deputy Attorney General. and plaintiffs and defendants, by their B. ‘‘USA Waste’’ means defendant James A. Donahue, III, respective attorneys, having consented USA Waste Services, Inc., a Delaware Senior Deputy Attorney General. to the entry of this Final Judgment corporation with its headquarters in Carron M. Trainer, without trial or adjudication of any Dallas, Texas, and its successors and Deputy Attorney General. issue of fact or law herein, and without assigns, their subsidiaries, affiliates, Garrett S. Gallia, this Final Judgment constituting any directors, officers, managers, agents and evidence against or an admission by any Deputy Attorney General. employees. Office of the Attorney General of party with respect to any issue of law Pennsylvania, Antitrust Section, 14th Floor, or fact herein; C. ‘‘Sanifill’’ means Sanifill, Inc., a Strawberry Square, Harrisburg, PA 17120, And whereas, defendants have agreed Delaware corporation with its (717) 787–4530. to be bound by the provisions of this headquarters in Houston, Texas, and its For Defendant USA Waste Services, Inc.: Final Judgment pending its approval by successors and assigns, their Gregory T. Sangalis, the Court; subsidiaries, affiliates, directors, Vice-President, General Counsel, and And whereas, prompt and certain officers, managers, agents and Secretary. divestiture of certain assets, the employees. For Defendant Sanifill, Inc.: provision of certain disposal airspace D. ‘‘Houston Area’’ means Harris Kirk K. Van Tine, rights, and the prompt modification of County, Texas; Chambers County, # DC Bar 257139, Baker & Botts, LLP, 1299 contract terms to assure that Texas; Brazoria County, Texas; Fort Pennsylvania Ave., NW, Washington, DC competition is not substantially Bend County, Texas; Montgomery 20004. lessened is the essence of this County, Texas; Walker County, Texas; Attorneys for Sanifill, Inc. agreement; and Galveston County, Texas. So ordered on this ll, day of 1996. And whereas, the parties intend to lllllllllllllllllllll require defendants to divest, as viable E. ‘‘Johnstown Area’’ means Cambria United States District Court Judge business operations, the Divestiture County, Pennsylvania; Blair County, Assets specified herein; Pennsylvania; Indiana County, Certification of Service And whereas, defendants have Pennsylvania; Somerset County, I hereby certify that a copy of the represented to plaintiffs that the Pennsylvania; and northeast foregoing has been served upon USA divestiture and contract changes Westmoreland County, Pennsylvania. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48973

F. ‘‘Houston Hauling Assets’’ means III Judgment. Defendants shall inform any the frontload commercial business of person making an inquiry regarding a Applicability Sanifill that provides solid waste possible purchase that the sale is being hauling services in the Houston Area, A. The provisions of this Final made pursuant to this Final Judgment and, at the option of the purchaser, the Judgment apply to the defendants, their and provide such person with a copy of rearload residential business of Sanifill successors and assignees, their this Final Judgment. Defendants shall presently served by Sanifill’s subsidiaries, affiliates, directors, also offer to furnish to all bona fide Channelview garage located at 999 officers, managers, agents, and prospective purchasers, subject to Ashland in Channelview, Texas. These employees, and all other persons in customary confidentiality assurances, assets include all customer lists, active concert or participation with any all information regarding the Divestiture contracts and accounts, including all of them who shall have received actual Assets customarily provided in a due contracts for disposal of solid waste at notice of this Final Judgment by diligence process except such disposal facilities, and, with respect to personal service or otherwise. information subject to attorney-client or the rearload residential business, B. Defendants shall require, as a work-product privileges. Defendants assignable contracts, all trucks, condition of the sale or other shall make available such information to containers, equipment, material, and disposition of all or substantially all of plaintiffs at the same time such supplies associated with these assets. the Divestiture Assets, that the acquiring information is made available to any G. ‘‘Sunray Assets’’ means the party or parties agree to be bound by the other person. In giving notice of the operating, permitted Type 4 landfill provisions of this Final Judgment. availability of the Houston Hauling (also known as the North County IV Assets, defendants shall not exclude any Landfill) and other related assets of USA persons bound by any non-compete Waste with an office at 2015 Wyoming Divestiture of Assets obligations to Sanifill. in League City, Texas. These include the A. Defendants are hereby ordered and D. Defendants shall not require of the current permit Number 1849 and permit directed, within 90 days from the filing purchaser or purchasers, as a condition application Number 1849A filed with of this Final Judgment, to divest the of sale, that any current employee of the the Texas Natural Resource Divestiture Assets, unless the United Divestiture Assets be offered or Conservation Commission, all customer States, after consultation with Texas, guaranteed continued employment after lists, contracts and accounts, including consents that only some portion of the the divestiture. all equipment, material, and supplies Divestiture Assets need be divested. E. Defendants shall take all reasonable associated with these assets. These Defendants are further ordered and steps to accomplish quickly the assets are not required to include the directed to notify plaintiffs in writing divestiture contemplated by this Final assets of any hauling business in immediately when they have completed Judgment. operation at the Sunray site. the divestitures. F. As part of the sale of the Airspace H. ‘‘Airspace Rights’’ means the right B. Unless the United States, after Assets, defendants will include an of independent private haulers to consultation with Texas, otherwise agreement to accept waste from the dispose municipal solid waste at the consents, divestiture under Section purchaser or anyone designated by the Pellegrene Landfill in the Johnstown IV.A, or by the trustee appointed purchaser to dispose of waste at the Area over a ten-year period beginning pursuant to Section V, shall be landfills. As agents of the purchaser, on the date of the divestiture as accomplished in such a way as to satisfy defendants will operate the gate, scale described more fully in Section IX. the United States, in its sole house, and disposal area under terms I. ‘‘Airspace Assets’’ means the right determination after consultation with and conditions no less favorable than to dispose, over a ten-year period Texas, that the Houston Hauling Assets those provided by defendants’ vehicles beginning on the date of the divestiture, can and will be operated by the or the vehicles of any municipality in of up to a total of 2,000,000 tons of purchaser as a viable, ongoing business the Houston Area, except as to price and municipal solid waste in amounts of up engaged in solid waste hauling, and that credit terms. to a total of 270,000 tons per year at the the Sunray Assets can and will be V Hazelwood Landfill located at 4971 Tri- operated by the purchaser as a viable, City Beach Road in Baytown, Texas and ongoing business engaged in solid waste Appointment of Trustee the Brazoria County Landfill located at disposal in the Houston Area. A. In the event that Defendants have 10310 FM in Angleton, Texas. Divestiture under Section IV.A or by the not divested all of their assets required J. ‘‘Divestiture Assets’’ refers to the trustee, shall be made to a purchaser or by Section IV.A by the time set forth in Houston Hauling Assets, Sunray Assets, purchasers for whom it is demonstrated Section IV.A, the Court shall, on and Airspace Assets. to the satisfaction of the United States, application of the United States, after K. ‘‘Small Container’’ means a 1 to 10 after consultation with Texas, that (1) consultation with Texas, appoint a cubic yard container. the purchase or purchases is or are for trustee selected by the United States to L. ‘‘Small Containerized Solid Waste the purpose of competing effectively in effect the divestiture required by Hauling Service’’ means providing solid solid waste hauling, dry waste disposal, Section IV.A. After the appointment of waste hauling service to commercial or both, and (2) the purchaser or a trustee becomes effective, only the customers by providing the customer purchasers has or have the managerial, trustee shall have the right to sell the with a Small Container that is picked up operational, and financial capability to assets required to be divested pursuant mechanically using a frontload, compete effectively in solid waste to Section IV.A. The trustee shall have rearload, or sideload truck, and hauling and/or disposal. the power and authority to accomplish expressly excludes hand pick-up C. In accomplishing the divestitures the divestiture at the best price then service, and service using a compactor ordered by this Final Judgment, obtainable upon a reasonable effort by attached to or part of a small container. defendants promptly shall make known, the trustee, subject to the provisions of M. ‘‘Customer’’ means a Small by usual and customary means, the Section VI of this Final Judgment, and Containerized Solid Waste Hauling availability of the Divestiture Assets and shall have such other powers as the Service customer. Airspace Rights described in this Final Court shall deem appropriate. 48974 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Defendants shall not object to a sale by in order to carry out the purpose of the shall notify plaintiffs of any proposed the trustee on any grounds other than trust, which may, if necessary, include divestiture required by Section IV or V the trustee’s malfeasance, or on the extending the trust and the term of the of this Final Judgment. If the trustee is grounds that the sale is contrary to the trustee’s appointment by a period responsible, it shall similarly notify express terms of this Final Judgment. requested by the United States, after defendants. The notice shall set forth Any such objections by defendants must consultation with Texas. the details of the proposed transaction be conveyed in writing to plaintiffs and E. Defendants shall give 30 days’ and list the name, address, and the trustee within ten (10) days after the notice to the United States, Texas, and telephone number of each person not trustee has provided the notice required Pennsylvania prior to acquiring any previously identified who offered or under Section VI. interest that is not otherwise reportable expressed an interest or desire to B. The trustee shall serve at the cost under the Hart-Scott Rodino Act in any acquire any ownership interest in the and expense of defendants, on such assets, capital stock, or voting securities, Divestiture Assets or any of them, terms and conditions as the Court may other than in the ordinary course of together with full details of the same. prescribe, and shall account for all business, of any person that, at any time monies derived from the sale of the during the twelve months immediately Within fifteen (15) days after receipt of assets sold by the trustee and all costs preceding the acquisition, was engaged the notice, plaintiffs may request and expenses so incurred. After in the solid waste hauling industry in additional information concerning the approval by the Court of the trustee’s the Houston Area or the Johnstown Area proposed divestiture, the proposed accounting, including fees for its where that person had small container purchaser, and any other potential services, all remaining money shall be revenues in excess of $500,000 per year purchaser. Defendants or the trustee paid to defendants and the trust shall or total revenues in excess of $1 million shall furnish the additional information then be terminated. The compensation per year. However, nothing herein shall within fifteen (15) days of the receipt of of such trustee shall be reasonable and preclude defendants from acquiring less the request. Within thirty (30) days after based on a fee arrangement providing than five (5) percent of the stock of a receipt of the notice or within fifteen the trustee with an incentive based on publicly traded company. (15) days after receipt of the additional the price and terms of the divestiture F. Defendants shall give 30 days’ information, whichever is later, the and the speed with which it is notice to the United States, Texas, and United States, after consultation with accomplished. Pennsylvania prior to acquiring any Texas, shall notify in writing defendants C. Defendants shall use their best interest that is not otherwise reportable and the trustee, if there is one, if it efforts to assist the trustee in under the Hart-Scott Rodino Act in any accomplishing the required divestiture. objects to the proposed divestiture. If assets, capital stock, or voting securities, the United States fails to object within The trustee and any consultants, other than in the ordinary course of accountants, attorney, and other persons the period specified, or if the United business of any person that, at any time States notifies in writing defendants and retained by the trustee shall have full during the twelve months immediately and complete access to the personnel, the trustee, if there is one, that it does preceding the acquisition, was engaged not object, then the divestiture may be books, records, and facilities of the in the municipal solid waste or dry consummated, subject only to Divestiture Assets, and defendants shall waste disposal industry in the Houston defendant’s limited right to object to the develop financial or other information Area or the Johnstown Area, where the sale under Section V.A. Upon objection relevant to such assets as the trustee revenues of that person, when may reasonably request, subject to aggregated with the revenues of any by the United States, after consultation reasonable protection for trade secret or person or persons acquired in the with Texas, or by defendants under other confidential research, previous six months, exceed the Section V.A, the proposed divestiture development, or commercial revenue limits of paragraph E above. shall not be accomplished unless information. Defendants shall take no However, nothing herein shall preclude approved by the Court. action to interfere with or to impede the defendants from acquiring less than five trustee’s accomplishment of the B. Thirty (30) days from the date (5) percent of the stock of a publicly divestiture. when defendants consummate the D. After its appointment, the trustee traded company. acquisition, but in no event later than G. The purchaser or purchasers of the shall file monthly reports with the October 30, 1996, and every thirty (30) Divestiture Assets, or any of them, shall parties and the Court setting forth the days thereafter until the divestiture has trustee’s efforts to accomplish the not, without the prior written consent of been completed, defendants shall divestiture order under this Final the United States, after consultation deliver to plaintiffs a written report as Judgment. If the trustee has not with Texas, sell any of those assets to, to the fact and manner of compliance accomplished such divestiture within or combine any of those assets with, with Section IV of this Final Judgment. those of defendants during the life of six months after its appointment, the Each such report shall include, for each this decree. Furthermore, the purchaser trustee shall thereupon promptly file person who during the preceding thirty or purchasers of the Divestiture Assets, with the Court a report setting forth (1) (30) days made an offer, expressed an the trustee’s efforts to accomplish the or any of them, shall notify plaintiffs 45 days in advance of any proposed sale of interest or desire to acquire, entered into required divestiture, (2) the reasons, in negotiations to acquire, or made an the trustee’s judgment, why the required all or substantially all of the assets, or change in control over those assets, inquiry about acquiring any ownership divestiture has not been accomplished, interest in the Divestiture Assets or any and (3) the trustee’s recommendations. acquired pursuant to this Final Judgment. of them, the name, address, and The trustee shall at the same time telephone number of that person and a furnish such report to the parties, who VI detailed description of each contact shall each have the right to be heard and with that person during that period. to make additional recommendations Notification consistent with the purposes of the A. Defendants or the trustee, Defendants shall maintain full records trust. The Court shall thereafter enter whichever is then responsible for of all efforts made to divest the such orders as it shall deem appropriate effecting the divestiture required herein, Divestiture Assets or any of them. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48975

VII location with an initial term in excess request for proposals issued by the of one year provided that: Customer. Financing (1) The Customer has acknowledged H. Notwithstanding the provisions of Defendants shall not finance all or in writing that the defendants have this Final Judgment, defendants shall any part of any purchase made pursuant offered to the Customer the form not be required to do business with any to Sections IV or V of this Final contracts defendants are required under Customer. Judgment without the prior written VIII.A. and D. to offer generally to I. Defendants may not oppose any consent of the United States, after Customers by notice in the form efforts by any persons to amend any consultation with Texas and attached hereto as Exhibit B; county plans to add any landfill, to Pennsylvania. (2) The Customer has the right to permit a new landfill, or to permit terminate the contract after one year by expansion of an existing landfill. VIII giving notice to defendants thirty (30) Prohibited Conduct days or more prior to the end of that one IX year period; Airspace Rights With respect to the Johnstown Area, (3) The contract otherwise complies defendants are enjoined and restrained with the provisions of paragraph VIII.A. A. Defendants shall provide the as follows: (2)–(8); and Airspace Rights at the Pellegrene A. Except as set forth in paragraph (4) The number of service locations Landfill, located at SR 2019 Lucisboro VIII.B. and G., defendants shall not subject to contracts permitted under Road in Homer City, Pennsylvania as enter into any contract with a Customer subparagraph B. does not exceed 25% of follows: for a service location that: the total number of service locations for (1) Defendants are obligated to accept (1) Has an initial term longer than one small containerized solid waste hauling up to 200 tons per day and up to 62,400 (1) year; service in any year. tons per year during the ten-year period; (2) Has any renewal term longer than C. From the date of the filing of an (2) Subject to applicable county plans, one (1) year; executed Stipulation, defendants shall these Airspace Rights will be available (3) Requires that the Customer give offer to new Customers with service to any independent private hauler for defendants notice of termination more locations only contracts that conform to waste collected in the Pennsylvania than thirty (30) days prior to the end of the requirements of paragraphs VIII.A. counties of Cambria, Blair, any initial term or renewal term; or B. of this Final Judgment, except as Westmoreland, and Somerset until the (4) Requires that the Customer pay provided in VIII.G. tonnage limits in IX.A(1) are met; and liquidated damages in excess of three D. Except as provided in VIII.G., (3) Defendants will provide these times the greater of its prior monthly within thirty (30) days following the Airspace rights under terms and charge or its average monthly charge entry of this Final Judgment, defendants conditions no less favorable than those over the most recent six months during shall send to all existing Customers with provided to defendants’ vehicles or the the first year of the initial term of the service locations with contracts having vehicles of any municipality in the Customer’s contract; an initial term longer than one year and Johnstown area, except as to price and (5) Requires that the Customer pay which otherwise do not conform with credit terms. liquidated damages in excess of two paragraph VIII.B. a notice in the form B. For purposes of measuring the times the greater of its prior monthly attached hereto as Exhibit A. If the tonnage of airspace rights provided charge or its average monthly charge customer elects to accept the offered under Section IX, over the most recent six months after contract language, defendants shall (1) Construction and demolition or the Customer has been a Customer of a execute such an agreement. other Type 4 materials and waste defendant for a continuous period in E. Except as provided in VIII.G., for delivered in transfer trailers are not excess of one (1) year; each Customer with a contract having included in the tonnage limits set forth (6) Requires the Customer to give an initial term longer than one year and in IX.A.(1); defendants notice of any offer by or to that otherwise does not conform to (2) ‘‘Independent private hauler’’ another solid waste hauling firm or paragraphs VIII.B. that enters a renewal refers to any private firm, not including requires the Customer to give term 120 days after entry of this Final municipalities, providing solid waste defendants a reasonable opportunity to Judgment, defendants shall send a collection services, but no disposal respond to such an offer for any period reminder to that Customer, in the form services, in the Johnstown Area. not covered by the contract (sometimes attached hereto as Exhibit B, ninety (90) referred to as a ‘‘right to compete’’ days or more prior to the effective date X clause); of the renewal term. This remainder Preservation of Assets (7) Is not easily readable (e.g., may be sent to the Customer as part of formatting and typeface) or is not a monthly bill, but if it is, it must be Until the divestitures required by the labeled, in large letters, SERVICE displayed on a separate page and in Final Judgment have been CONTRACT; or large print. accomplished: (8) Requires a Customer to give F. Upon entry of this Final Judgment, A. Defendants shall take all steps defendants the right or opportunity to defendants may not enforce those necessary to ensure that the Houston provide hauling service for recyclables contract provisions that are inconsistent Hauling Assets will be maintained and or more than one solid waste hauling with this Final Judgment. operated in the ordinary course of service for a Customer unless the G. Notwithstanding the provisions of business and consistent with past Customer affirmatively chooses to have this Final Judgment, defendants may practices, and shall (1) maintain all defendant do so by so stating on the enter into contracts with municipal or insurance policies and all permits that front of the contract. governmental entities that are not in are required for the operation of the B. Notwithstanding the provisions of compliance with paragraphs VIII.A.–F. assets, and (2) maintain books of paragraph VIII.A. of this Final provided that those contracts are account and records in the usual, Judgment, defendants may enter into a awarded to defendants on the basis of a regular, and ordinary manner and contract with a Customer for a service formal request for bids or a formal consistent with past practices. 48976 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

B. Defendants shall take all steps and other records and documents in the necessary or appropriate for the necessary to ensure that the Sunray possession or under the control of construction, implementation, or Assets will be maintained and operated defendants, which may have counsel modification of any of the provisions of as an independent, ongoing, present, relating to any matters this Final Judgment, for the enforcement economically viable and active contained in this Final Judgment; and of compliance herewith, and for the competitor in the provision of dry waste 2. subject to the reasonable punishment of any violations hereof. disposal services in the Houston Area, convenience of defendants and without XIII with management operations, books, restraint or interference from them, to records and competitively-sensitive interview defendants’ directors, officers, Termination sales, marketing and pricing information employees, and agents who may have This Final Judgment will expire on and decision-making kept separate and counsel present, regarding any such the tenth anniversary of the date of its apart from, and not influenced by, that matters. entry. of Sanifill’s solid waste hauling and B. Upon the written request of the disposal businesses. Assistant Attorney General in charge of XIV C. Defendants shall use all reasonable the Antitrust Division or the Attorney Public Interest efforts to maintain and increase sales of General of the State of Texas or the solid waste hauling and disposal Attorney General of the Commonwealth Entry of this Final Judgment is in the services provided by the Divestiture of Pennsylvania, respectively, made to public interest. Assets, and they shall maintain at 1995 defendants at their principal offices, Dated: lllllllllllllllll or previously approved levels, defendants shall submit such written Court approval subject to procedures of whichever is higher, promotional, reports, under oath if requested, with Antitrust Procedures and Penalties advertising, sales, marketing and respect to any of the matters contained Act, 15 U.S.C. 16 merchandising support for such in this Final Judgment as may be lllllllllllllllllllll services. requested. United States District Judge D. Defendants shall take all steps C. No information nor any documents Notice to Customers necessary to ensure that the Divestiture obtained by the means provided in this Assets are fully maintained in operable Section XI shall be divulged by any Dear Valued Customer: condition, and shall maintain and representative of the United States or [Insert name of local operating company] is adhere to normal or previously the Office of the Attorney General of offering a new one year contract to all small approved repair, improvement and Texas or of the Office of the Attorney containerized solid waste hauling customers with service locations in [insert market here]. maintenance schedules for the General of Pennsylvania to any person We would like to take this opportunity to Divestiture Assets. other than a duly authorized offer this contract to you. Of course, if you E. Defendants shall not, except as part representative of the Executive Branch prefer, you can continue with your existing of a divestiture approved by plaintiffs, of the United States or of the Office of contract. remove, sell or transfer any Divestiture the Attorney General of Texas or of the In most cases, this new contract will have Assets, other than solid waste hauling Office of the Attorney General of terms that are more advantageous to and disposal services provided in the Pennsylvania, except in the course of customers than their current contracts. This new contract has the following features: ordinary course of business. legal proceedings to which the United • F. Defendants shall take no action that States, Texas or Pennsylvania is a party An initial term of one year (unless you request a longer term); would jeopardize the sale of Divestiture (including grand jury proceedings), or • A renewal term of one year; Assets. for the purpose of securing compliance • At the end of your initial term, you may G. Defendants shall appoint a person with this Final Judgment, or as take no action and your contract will renew with oversight responsibility for the otherwise required by law. or you can choose not to renew the contract Divestiture Assets to insure compliance D. If at the time information or by simply giving us notice at any time up to with this section of the Final Judgment. documents are furnished by defendants 30 days prior to the end of your term; to plaintiffs, defendants represent and • If you can request a contract with a term XI identify in writing the material in any longer than one year, you can cancel that Compliance Inspection such information or documents for contract after one year by giving us notice at which a claim of protection may be any time up to 30 days prior to the end of For the purpose of determining or the first year; securing compliance with this Final asserted under Rule 26(c)(7) of the • If you terminate the contract at any other Judgment, and subject to any legally Federal Rules of Civil Procedure, and time, you will be required to pay, as recognized privilege, from time to time. defendants mark each pertinent page of liquidated damages, no more than three times A. Duly authorized representatives of such material, ‘‘Subject to claim of the greater of your prior monthly or average the United States, Texas, or protection under Rule 26(c)(7) of the monthly charge. If you’ve been a customer continuously for more than one year, the Pennsylvania, including consultants Federal Rules of Civil Procedure,’’ then plaintiffs shall give ten (10) days notice liquidated damages would be reduced to two and other persons retained by the times the greater of your prior monthly or plaintiffs, shall, upon the written to defendants prior to divulging such material in any legal proceeding (other average monthly charge; request of the Assistant Attorney • You will not be required to give us General in charge of the Antitrust than a grand jury proceeding) to which notice of any offer from another waste Division or the Attorney General of the any defendant is not a party. hauling firm or to give us an opportunity to State of Texas or the Attorney General XII make a counteroffer although you may do so if you wish; of the Commonwealth of Pennsylvania, • respectively, and on reasonable notice Retention of Jurisdiction You will be able to choose on the contract which specific types of waste to defendants made to its principal Jurisdiction is retained by this Court hauling services you would like us to offices, be permitted: for the purpose of enabling any of the perform. 1. access during office hours to parties to this Final Judgment to apply You may obtain a new contract containing inspect and copy all books, ledgers, to this Court at any time for such further these terms by calling [insert telephone accounts, correspondence, memoranda, orders and directions as may be number or sales rep name and number]. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48977

Exhibit A Act; and (2) a permanent injunction actions to eliminate any anticompetitive If you prefer, you may continue with your preventing USA Waste from acquiring impact from the proposed acquisition existing contract. If you retain your existing control of Sanifill. on the Johnstown market. USA Waste is contract, we will not enforce any terms that When the Complaint was filed, the ordered to offer less restrictive service are inconsistent with the new form contract United States also filed a proposed contracts to their small container solid terms. settlement that would permit USA waste hauling customers in the We thank you for your business and look Waste to complete its acquisition of Johnstown market. It must provide at forward to a continued relationship with you. Sanifill, but require certain divestitures If you have any questions, please call [insert least 30 days written notice to the U.S. contact person and phone number]. and contract modifications that will Department of Justice and the preserve competition in the Houston Commonwealth of Pennsylvania Reminder to Customers and Johnstown markets. This settlement Attorney General’s Office in advance of Your contract will automatically renew on consists of a Stipulation and Order and its purchase of any significant waste [MM/DD/YY] unless we receive your a proposed Final Judgment. hauling or waste disposal company in cancellation by [MM/DD/YY]. The proposed Final Judgment orders the Johnstown market. It shall not You may also obtain a new form contract USA Waste to divest the Sanifill garage oppose the addition of any landfill, with some terms more advantageous to you located at 999 Ashland, Channelview, than your current contract. existing or new, to any county landfill You may obtain a new contract containing Texas 77530; Sanifill’s frontload plan in the Johnstown market. And these terms by calling [insert telephone commercial hauling business that further, USA Waste shall make available number or sales rep name and number]. provides solid waste hauling services in a total of 200 tons per day of MSW Exhibit B the Houston market, most of the landfill capacity over a ten year period rearload residential business of Sanifill beginning on the date of divestiture at Competitive Impact Statement presently served by Sanifill’s the following site in the Johnstown The United States, pursuant to Channelview facility (‘‘Houston Hauling market: the Pellegrene Landfill located Section 2(b) of the Antitrust Procedures Assets’’), and USA Waste’s North at SR 2019 Lucisboro Road, Homer City, and Penalties Act (‘‘APPA’’), 15 U.S.C. County Landfill located at 2015 Pennsylvania 15748. The Pelligrene § 16(b)–(h), files this Competitive Wyoming, League City, Texas (‘‘Houston Landfill capacity shall be made Impact Statement relating to the Landifill Site’’). available by the defendants for use by In addition, USA Waste is ordered to proposed Final Judgment submitted for any and all independent private MSW sell the right to use landfill capacity for entry in this civil proceeding. haulers. up to 2,000,000 tons of municipal solid I waste (‘‘MSW’’) over a ten year period The United States and the defendants have stipulated that the proposed Final Nature and Purpose of the Proceeding beginning on the date of divestiture (and capped at an annual total of 270,000 Judgment may be entered after On August 30, 1996, the United States tons) at one or both of the following compliance with the APPA. Entry of the filed a civil antitrust Complaint which sites in the Houston market: the proposed Final Judgment would alleges that the proposed acquisition of Hazelwood Landfill located at 4719 Tri- terminate the action, except that the the voting stock of Sanifill, Inc. City Beach Road, Baytown, Texas 77520 Court would retain jurisdiction to (‘‘Sanifill’’) by USA Waste Services, Inc. and the Brazoria County Landfill construe, modify, or enforce the (‘‘USA Waste’’) would violate Section 7 located at 10310 FM 523, Angleton, provisions of the proposed Final of the Clayton Act, 15 U.S.C. § 18. The Texas. (‘‘Houston Airspace Assets’’). Judgment and to punish violations Complaint alleges that the combination USA Waste must complete the thereof. of these two significant competitors divestiture of the Houston Assets, the II would lessen competition substantially Houston Landfill Site, and the Houston in the provisions of small containerized Airspace Assets within ninety (90) days Description of the Events Giving Rise to waste hauling services and landfill after the date on which the proposed the Alleged Violation disposal services in the Houston, Texas Final Judgment was filed (i.e., August USA Waste is the third largest solid and Johnstown Pennsylvania areas. As 30, 1996), in accordance with the defined in the Complaint, the Houston waste hauling and disposal company in procedures specified therein. the nation, and several municipal, area encompasses Harris County, Texas; The Stipulation and Order and commercial, industrial and residential Chambers County, Texas; Brazoria proposed Final Judgment requires USA customers in 24 states. In 1995, USA County, Texas, Fort Bend County, Waste to ensure that, until the Waste had total revenues of over $730 Texas; Montgomery County, Texas; divestitures mandated by the proposed million. Walker County, Texas and Galveston Final Judgment have been County, Texas; including the accomplished, the Houston Hauling Sanifill is one of the top ten municipalities located, in whole or in Assets and the Houston Landfill Site companies in the solid waste hauling part, in those counties (‘‘Houston will be maintained and operated as an and disposal business in the United market’’). The Johnstown area independent, ongoing, economically States with operations in 23 states, the encompasses Indiana County, viable and active competitor. USA District of Columbia, Puerto Rico, Pennsylvania; Somerset County, Waste must preserve and maintain the Mexico and Canada. In 1995, Sanifill Pennsylvania; Cambria County, assets to be divested as salable, ongoing had total revenues of about $257 Pennsylvania; northeastern concerns, with competitively sensitive million. Westmorland County, Pennsylvania; business information and decision- On June 22, 1996, USA Waste agreed and Blair County, Pennsylvania, making divorced from that of USA to acquire all of the voting stock of including the municipalities located, in Waste. USA Waste will appoint a person Sanifill for a purchase price of $1.5 whole or in part, in those counties or persons to monitor and ensure its billion. This transaction, which would (‘‘Johnstown market’’). The prayer for compliance with these requirements of take place in the highly concentrated relief in the Complaint seeks: (1) A the proposed Final Judgment. Houston and Johnstown small container judgment that the proposed acquisition Further, the proposed Final Judgment hauling and landfill disposal industries, would violate Section 7 of the Clayton orders USA Waste to take certain precipitated the government’s suit. 48978 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

The Transaction’s Effects in the Solid waste hauling firms also addition, it is not economically efficient Houston and Johnstown Markets provide service to residential and for trash hauling equipment to travel industrial (or ‘‘roll-off’’) customers. long distances without collecting A. The Solid Waste Hauling Industry Residential customers, typically significant amounts of waste. Thus, it is The Complaint alleges that small households and small apartment not efficient for a hauler to serve major containerized hauling services and complexes that generate small amounts metropolitan areas from a distant base. landfill disposal services constitute of waste, use noncontainerized solid Haulers, therefore, generally establish lines of commerce, or relevant product waste hauling service, normally placing garages and related facilities within markets, for antitrust purposes, and that their waste in plastic bags or trash cans each major local area served. Local laws the Houston area and the Johnstown at curbside. Rear-end load vehicles are or regulations may further localize area constitute appropriate sections of generally used to collect waste from markets. For example, flow control the country, or relevant geographic residential customers and from those regulations in Pennsylvania can markets. The Complaint alleges the commercial customers that generate designate the facilities where trash effect of USA Waste’s acquisition may relatively small quantities of solid picked up within a geographic area be to lessen competition substantially in waste, similar in amount and kind to must be disposed. Other local the provision of small containerized those generated by residential regulations may prohibit the depositing hauling services in the Houston and customers. Generally, rear-end loaders of trash from outside a particular Johnstown markets and landfill disposal use a two or three person crew to jurisdiction in disposal facilities located services in the Houston market. manually load the waste into the rear of within that jurisdiction. By designating Solid waste hauling involves the the vehicle. certain disposal facilities, these laws collection of paper, food, construction Industrial or roll-off customers and regulations can dictate which material and other solid waste from include factories and construction sites. disposal facilities can compete for waste homes, businesses and industries, and These customers either generate from these local jurisdictions and how the transporting of that waste to a noncompactible waste, such as concrete a hauler can set up its routes. landfill or other disposal site. These or building debris, or very large The Complaint alleges that USA services may be provided by private quantities of compactible waste. They Waste’s acquisition of Sanifill would haulers directly to residential, deposit their waste into very large substantially lessen competition for the commercial and industrial customers, or containers (usually 20 to 40 cubic yards) provision of small containerized hauling that are loaded onto a roll-off truck and service in the Houston and Johnstown indirectly through municipal contracts transported individually to the disposal markets. Actual and potential and franchises. site where they are emptied before being competition between USA Waste and Service to commercial customers returned to the customer’s premises. Johnstown for the provision of small accounts for a large percentage of total Customers, like shopping malls, use containerized hauling service in the hauling revenues. Commercial large, roll-off containers with Houston and Johnstown markets will be customers include restaurants, large compactors. This type of customer eliminated. apartment complexes, retail and generally generates compactible trash, USA Waste and Sanifill are two of the wholesale stores, office buildings, and like cardboard, in very great quantities; largest providers of small containerized industrial parks. These customers it is more economical for this type of hauling service in the Houston and typically generate a substantially larger customer to use roll-off service with a Johnstown markets. In the Houston volume of waste than that generated by compactor than to use a number of market, USA Waste has a 24 percent residential customers. Waste generated small containers picked up multiple share and Sanifill has a 7 percent share. by commercial customers is generally times a week. The acquisition would increase the placed in metal containers of one to ten There are no practical substitutes for Herfindahl-Hirschmann Index (HHI) by cubic yards provided by their hauling small containerized hauling service. about 325 to about 2225. company. One to ten cubic yard Small containerized hauling service In the Johnstown market, USA Waste containers are called ‘‘small customers will not generally switch to has a 31 percent share and Sanifill has containers.’’ Small containers are noncontainerized service because it is a 14 percent share. The acquisition collected primarily by front-end load too impractical and costly for those would increase the HHI by about 850 to vehicles that lift the containers over the customers to bag and carry their trash to about 2550. front of the truck by means of a the curb for hand pick-up. Small Solid waste hauling is an industry hydraulic hoist and empty them into the containerized hauling service customers highly susceptible to tacit or overt storage section of the vehicle, where the also value the cleanliness and relative collusion among competing firms. Overt waste is compacted. Specially-rigged freedom from scavengers afforded by collusion has been documented in more rear-end load vehicles can also be used that service. Similarly, roll-of service is than a dozen criminal and civil antitrust to service some small container much too costly and takes up too much cases brought in the last decade and a customers, but these trucks generally are space for most small containerized half. Such collusion typically involves not as efficient as front-end load hauling service customers. Only customer allocation and price fixing, vehicles and are limited in the size of customers that generate the largest and where it has occurred, has been containers they can safely handle. volumes of solid waste can shown to persist for many years. Front-end load vehicles can drive economically consider roll-off service, The elimination of one of a small directly up to a container and hoist the and for customers that do generate large number of significant competitors, such container in a manner similar to a volumes of waste, roll-off service is as would occur as a result of the forklift hoisting a pallet; the containers usually the only viable option. proposed transaction in the alleged do not need to be manually rolled into Solid waste hauling services are markets, significantly increases the position by a truck crew as with a rear- generally provided in very localized likelihood that consumers in these end load vehicle. Service to commercial areas. Route density (a large number of markets are likely to face higher prices customers that use small containers is customers that are close together) is or poorer quality service. called ‘‘small containerized hauling necessary for small containerized solid A new entrant cannot constrain the service.’’ waste hauling firms to be profitable. In prices of larger incumbents until it Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48979 achieves minimum efficient scale and (owned by seven firms) in the Houston Landfill Site and the Houston Airspace operating efficiencies comparable to the area. USA Waste and Sanifill each Assets. The divestitures would include incumbent firms. In small containerized operate one MSW landfill; Sanifill has the small containerized hauling service hauling service, achieving comparable 11 dry waste landfills (four operating) assets, landfill disposal assets, and such operating efficiencies requires achieving and USA Waste has one dry waste other assets as may be necessary to route density comparable to existing landfill. insure the viability of the small firms, which typically takes a As a result of the acquisition, the container and landfill businesses. If substantial period of time. A substantial concentration of MSW and dry waste USA Waste and Sanifill cannot barrier to entry is created by the use of landfill services in the Houston market accomplish these divestitures within the long-term contracts coupled with will be substantially increased, which is above-described period, the Final selective pricing reductions to specific likely to result in price increases. The Judgment provides that, upon customers to deter new entrants into acquisition would increase the HHI in application (after consultation with the small containerized hauling service and MSW landfill disposal service by 225 State of Texas) by the United States as to hinder them in winning enough points to 3550; and in dry waste plaintiff, the Court will appoint a trustee customers to build efficient routes. landfills by 650 points to 4000. In the to effect divestiture. Further, even if a new entrant endures Houston market, there are no alternative The proposed Final Judgment and grows to a point near minimum types of facilities available for the provides that the assets must be efficient scale, the entrant will often be disposal of either MSW waste or dry divested in such a way as to satisfy purchased by an incumbent firm and waste. Although dry waste can be taken plaintiff United States (after will be removed as a competitive threat. to either a MSW landfill or a dry waste consultation with the State of Texas) landfill, prices at the MSW landfill are that the operations can and will be B. Landfill Disposal Services significantly higher than at the dry operated by the purchaser or purchasers Most commercial solid waste is taken waste landfill, so that MSW landfills are as viable, ongoing businesses that can by haulers to landfills for disposal. not normally used for dry waste. compete effectively in the relevant Access to a suitable MSW landfill at a Accordingly, haulers are not likely to market. The defendants must take all competitive price is essential to a switch to another disposal service reasonable steps necessary to hauling company performing despite an increased concentration in accomplish the divestitures, shall commercial containerized hauling the ownership of MSW or dry landfills cooperate with bona fide prospective service because disposal costs account and a likely price increase resulting purchasers and, if one is appointed, for approximately 30–50 percent of the from the merger. with the trustee. revenues received for this service. If a trustee is appointed, the proposed Suitable MSW landfills are difficult and C. Harm to Competition as a Final Judgment provides that USA time consuming to obtain because of the Consequence of the Acquisition Waste and Sanifill will pay all costs and scarcity of appropriate land, high capital The Complaint alleges that the expenses of the trustee. The trustee’s costs, local resident opposition, and transaction would have the following commission will be structured so as to government regulation. Several years are effects, among others: competition for provide an incentive for the trustee required to process an application, with the provision of small containerized based on the price obtained and the no guarantee of success. hauling service in the Houston and speed with which divestiture is In Texas, dry waste can be taken to Johnstown markets and landfill disposal accomplished. After his or her what are referred to as a MSW (Type 1) service in the Houston market will be appointment becomes effective, the landfill or to a dry waste (Type 4) substantially lessened; actual and trustee will file monthly reports with landfill. Access to a suitable landfill at potential competition between USA the parties and the Court, setting forth a competitive price is essential to a Waste and Sanifill in the provision of the trustee’s efforts to accomplish hauling company collecting dry waste small containerized hauling service and divestiture. At the end of six months, if because disposal costs can account for landfill disposal service in the Houston the divestiture has not been over 60% of the revenues for this market will be eliminated; and prices accomplished, the trustee and the service. Dry waste landfills are difficult for small containerized hauling service parties will make recommendations to and time consuming to obtain because in the Houston and Johnstown markets the Court which shall enter such orders to permit and build a Type 4 landfill in and landfill disposal service in the as appropriate in order to carry out the Texas, one must go through a process Houston market are likely to increase purpose of the trust, including similar to that for permitting a Type 1 above competitive levels. extending the trust or the term of the landfill. Several years are required to trustee’s appointment. process an application, with no III In addition, the proposed Final guarantee of success. Explanation of the Proposed Final Judgment intends to eliminate the USA Waste’s acquisition of Sanifill Judgment anticompetitive effects of the would substantially lessen competition acquisition in the Houston area market for the provision of MSW landfill and A. The Houston Market for MSW disposal services by requiring dry waste landfill service in the The provisions of the proposed Final USA Waste and Sanifill to sell the rights Houston market. Actual and potential Judgment are designed to eliminate the to disposal of 2 million tons of MSW competition between USA Waste and anticompetitive effects of the waste over ten years at their only two Sanifill for the provision of MSW and acquisition in small containerized MSW landfills in the area. The Final dry waste landfill service in the hauling services in the Houston market Judgment limits the amount disposed of Houston market will be eliminated. by establishing a new, independent and in any one year to 270,000 tons and USA Waste and Sanifill are two economically viable competitor in that requires that USA Waste and Sanifill leading providers of MSW landfill and market. The proposed Final Judgment will provide the necessary services to dry waste landfill services in the requires USA Waste and Sanifill, within dispose of the waste to the purchaser or Houston market. There are nine MSW 90 days of August 30, 1996, to divest, any agents designated by the purchaser landfills (owned by four firms) and as viable ongoing businesses, the in a nondiscriminatory manner. The approximately 18 dry waste landfills Houston Hauling Assets, Houston 270,000 ton limit is approximately 80% 48980 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices of the total capacity used in 1995 at the containerized haulers, contract relief market and to provide access to landfill Sanifill MSW landfill. Sanifill will should substantially eliminate any capacity to independent haulers retain some of the hauling operations anticompetitive effects in the small eliminates a major barrier to entry and that used this landfill in 1995 and needs containerized hauling market. expansion, thus constraining any some capacity to compete for large The proposed Final Judgment further possible anticompetitive price increase disposal contracts against its two larger limits any anticompetitive effect in the by the post-acquisition firm. landfill competitors in the area. The small containerized hauling market The relief sought in the various availability of this significant capacity related to the USA Waste acquisition of markets alleged in the Complaint has limits the impact of any increase in Sanifill in the Johnstown market in been tailored to insure that, given the MSW landfill concentration in the several ways. First, the defendants are specific conditions in each market, the Houston market. The availability of this required to make available specified relief will protect consumers of small landfill capacity further helps to ensure MSW landfill airspace rights to containerized hauling services and the success of any entity purchasing the independent haulers for a ten year landfill disposal services from higher Houston Hauling Assets in competing period. Defendants are obliged to accept prices and poorer quality service in with other haulers in the Houston up to 200 tons per day and up to 62,400 those markets that might otherwise market. tons per year during this period at the result from the acquisition. Pursuant to its terms, the proposed Pelligrene landfill under non-price IV Final Judgment mandates that USA terms no less favorable than those Waste also divest its sole dry waste provided to defendants’ vehicles or the Remedies Available to Potential Private (Type 4) landfill in the Houston area vehicles of any municipality in the Litigants market. USA Waste’s divestiture of the Johnstown market. Second. USA Waste Section 4 of the Clayton Act (15 North County Landfill eliminates any and Sanifill are required to refrain from U.S.C. 15) provides that any person who possible anticompetitive effect related to opposing in any way the addition of has been injured as a result of conduct the merger and its impact on dry waste new or existing landfills to any county prohibited by the antitrust laws may landfills in the Houston area market. landfill plan in the Johnstown market bring suit in federal court to recover Finally, the requirement of the from entry of the Final Judgment and three times the damages the person has proposed Final Judgment that refrain from opposing any permit suffered, as well as costs and reasonable defendants provide 30 days written application for a new landfill or attorneys’ fees. Entry of the proposed notice of any proposed purchase of expansion of an existing landfill for a Final Judgment will neither impair nor significant waste hauling or disposal period of ten years. Finally, the assist the bringing of any private companies in the Houston market requirement that defendants provide at antitrust damage action. Under the insures that the U.S. Department of least 30 days written notice of any provisions of Section 5(a) of the Clayton Justice and the State of Texas General’s proposed purchase of significant waste Act (15 U.S.C. 16(a)), the proposed Final Office will be able to review, consider hauling or disposal companies in the Judgment has no prima facie effect in and oppose if necessary any future Johnstown area market insures that the any subsequent private lawsuit that may consolidation in the market for a period U.S. Department of Justice and the be brought against defendant. of ten years. Commonwealth of Pennsylvania V B. The Johnstown Market Attorney General’s Office will be able to review, consider and oppose if The proposed Final Judgment also Procedures Available for Modification of necessary any future consolidation in the Proposed Final Judgment requires USA Waste and Sanifill to offer the market for a period of ten years. less restrictive contracts to small The United States concluded The United States and defendant have containerized hauling customers in the divestiture was not necessary in the stipulated that the proposed Final Johnstown area market. These changes Johnstown market. It determined that a Judgment may be entered by the Court to the contracts involve substantially change in the type of contracts used after compliance with the provisions of shortening the term of contracts USA with small containerized hauling the APPA, provided that the United Waste and Sanifill use from three years service in this market, combined with States has not withdrawn its consent. to one year, substantially reducing the the additional notice and landfill The APPA conditions entry upon the amount of liquidated damages, and capacity agreements reached with the Court’s determination that the proposed eliminating other terms that could make parties, will adequately address the Final Judgment is in the public interest. entry more difficult. The proposed Final competitive concerns posed by USA The APPA provides a period of at Judgment generally requires that these Waste’s acquisition of Sanifill. A least 60 days preceding the effective revised contracts shall be offered number of factors led to that decision, date of the proposed Final Judgment immediately to all new small including the number of existing within which any person may submit to containerized hauling customers. competitors in the market; the size of the United States written comments Within 30 days of the entry of the the population; the number, location regarding the proposed Final Judgment. proposed Final Judgment, USA Waste and density of commercial Any person who wishes to comment and Sanifill must offer the revised establishments requiring small should do so within sixty (60) days of contract to all their non-municipal small containerized hauling service; and the the date of publication of this containerized hauling service customers extensive use of rear-end load mixed Competitive Impact Statement in the in the Johnstown market. These changes (hand and containerized) collection Federal Register. The United States will in the contract will make it easier for a routes. Absent the long-term contracts evaluate and respond to the comments. new entrant to gain customers and set and limitations on landfill access, these All comments will be given due up an efficient route or for a small firms could be expected to expand consideration by the Department of hauler to expand its route if prices significantly their containerized hauling Justice, which remains free to withdraw increase. In the Johnstown area, a rural operations in response to an its consent to the proposed judgment at market in which most haulers offer anticompetitive price increase. any time prior to entry. The comments rearload small containerized hauling Requiring USA Waste and Sanifill to and the response of the United States services and there are a number of small offer less restrictive contracts within the will be filed with the Court and Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48981 published in the Federal Register. making that determination, the court see also, Microsoft, 56 F.3d 1448 (D.C. Written comments should be submitted may consider— Cir. 1995). Precedent requires that to: J. Robert Kramer II, Chief, Litigation (1) The competitive impact of such the balancing of competing social and II Section, Antitrust Division, United judgment, including termination of alleged political interests affected by a proposed States Department of Justice, 1401 H violations, provisions for enforcement and antitrust consent decree must be left, in the Street, N.W., Suite 3000, Washington, modification, duration or relief sought, first instance, to the discretion of the D.C. 20530. anticipated effects of alternative remedies Attorney General. The court’s role in actually considered, and any other protecting the public interest is one of The proposed Final Judgment considerations bearing upon the adequacy of provides that the Court retains insuring that the government has not such judgment; breached its duty to the public in consenting jurisdiction over this action, and the (2) The impact of entry of such judgment to the decree. The court is required to parties may apply to the Court for any upon the public generally and individuals determine not whether a particular decree is order necessary or appropriate for the alleging specific injury from the violations the one that will best serve society, but modification, interpretation, or set forth in the complaint including whether the settlement is ‘‘within the reaches enforcement of the Final Judgment. consideration of the public benefit, if any, to of the public interest.’’ More elaborate be derived from a determination of the issues requirements might undermine the VI at trial. effectiveness of antitrust enforcement by Alternatives to the Proposed Final 15 U.S.C. 16(e) (emphasis added). As consent decree.2 Judgment the Court of Appeals for the District of The proposed Final Judgment, Columbia Circuit recently held, the therefore, should not be reviewed under The United States considered, as an APPA permits a court to consider, a standard of whether it is certain to alternative to the proposed Final among other things, the relationship eliminate every anticompetitive effect of Judgment, litigation against defendants between the remedy secured and the a particular practice or whether it USA Waste and Sanifill. The United specific allegations set forth in the mandates certainty of free competition States could have brought suit and government’s complaint, whether the in the future. Court approval of a final sought preliminary and permanent decree is sufficiently clear, whether judgment requires a standard more injunctions against USA Waste’s enforcement mechanisms are sufficient, flexible and less strict than the standard acquisition of the voting stock Sanifill. and whether the decree may positively required for a finding of liability. ‘‘[A] The United States is satisfied, however, harm third parties. See United States v. proposed decree must be approved even that the divestiture of the described Microsoft, 56 F.3d 1448 (D.C. Cir. 1995). if it falls short of the remedy the court assets, the provision of significant In conducting this inquiry, ‘‘the Court would impose on its own, as long as it landfill capacity to competitors, and the is nowhere compelled to go to trial or falls within the range of acceptability or contract relief outlined in the proposed to engage in extended proceedings is ‘within the reaches of public interest.’ Final Judgment will encourage viable which might have the effect of vitiating (citations omitted).’’ 3 waste hauling and disposal competitors the benefits of prompt and less costly in the markets identified by the United settlement through the consent decree VIII States as requiring the relief process.’’ 1 Rather, Determinative Documents implemented. The United States is absent a showing of corrupt failure of the satisfied that the proposed relief will government to discharge its duty, the Court, There are no determinative materials prevent the acquisition from having in making its public interest finding, should or documents within the meaning of the ** * carefully consider the explanations of APPA that were considered by the anticompetitive effects in those markets. the government in the competitive impact The divestiture, the provision of landfill statement and its responses to comments in United States in formulating the capacity and the proposed contractual order to determine whether those proposed Final Judgment. relief will restore the markets to the explanations are reasonable under the For Plaintiff United States of America: structure that existed prior to the circumstances. Dated: September 6, 1996. acquisition, will preserve the existence United States v. Mid-America J. Robert Kramer II, # of independent competitors in those Dairymen, Inc., 1977-1 Trade Cas. PA Bar 23963. areas, and will allow for new entry and ¶ 61,508, at 71,980 (W.D. Mo. 1977). Willie L. Hudgins, expansion by existing firms in those Accordingly, with respect to the DC BAR #37127. markets where contract relief is sought. adequacy of the relief secured by the Attorneys, U.S. Department of Justice, For the reasons discussed above, infra at decree, a court may not ‘‘engage in an Antitrust Division. pages 17–18, the United States unrestricted evaluation of what relief David R. Bickel, concluded divestiture was not necessary would best serve the public.’’ United DC Bar #393409. in the Johnstown market because the States v. BNS, Inc., 858 F.2d 456, 462 Joel A. Christie, contractual, notification, and landfill (9th Cir. 1988) quoting United States v. WI Bar #1019438. capacity agreements reached with the Bechtel Corp., 648 F.2d 660, 666 (9th Michael K. Hammaker, parties adequately address the Cir.), cert. denied, 454 U.S. 1083 (1981); competitive concerns. DC Bar #233684. VII 1 119 Cong. Rec. 24598 (1973). See, United States v. Gillette Co., 406 F.Supp. 713, 715 (D.Mass. 1975). 2 United States v. Bechtel, 648 F.2d at 666 Standard of Review Under the APPA for A ‘‘public interest’’ determination can be made (citations omitted) (emphasis added); see United properly on the basis of the Competitive Impact States v. BNS. Inc., 858 F.2d at 463; United States Proposed Final Judgment Statement and Response to Comments filed v. National Broadcasting Co., 449 F. Supp. 1127, pursuant to the APPA. Although the APPA 1143 (C.D. Cal. 1978); United States v. Gillette Co., The APPA requires that proposed authorizes the use of additional procedures, 15 406 F. Supp. at 716. See also United States v. consent judgments in antitrust cases U.S.C. § 16(f), those procedures are discretionary. A American Cynamid Co., 719 F.2d at 565. brought by the United States be subject court need not invoke any of them unless it believes 3 United States v. American Tel. and Tel Co., 552 to a sixty-day comment period, after that the comments have raised significant issues F. Supp. 131, 150 (D.D.C. 1982) aff’d sub nom. and that further proceedings would aid the court in Maryland v. United States, 460 U.S. 1001 (1983) which the court shall determine resolving those issues. See, H.R. 93–1463, 93rd quoting United States v. Gillette Co., supra, 406 F. whether entry of the proposed Final Cong. 2d Sess. 8-9, reprinted in (1974) U.S. Code Supp. at 716; United States v. Alcan Aluminum, Judgment ‘‘is in the public interest.’’ In Cong. & Ad. News 6535, 6538. Ltd., 505 F. Supp. 619, 622 (W.D. Ky 1985). 48982 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Attorneys, U.S. Department of Justice, San Jose, CA; University of New On May 27, 1993, the Collaboration Antitrust Division, 1401 H St., N.W., Mexico, Albuquerque, NM; University filed its original notification pursuant to Washington, D.C. 20530, (202) 307–1168. of Utah, Salt Lake City, Utah; The Section 6(a) of the Act. The Department Certification of Service University of Texas, Austin, TX; and of Justice published a notice in the Xerox Palo Alto Research Center, Palo Federal Register pursuant to Section I hereby certify that a copy of the Alto, CA. The objective of the joint 6(b) of the Act on July 6, 1993 (58 FR foregoing has been served upon USA venture is the rapid commercialization 36223). The last notification was filed Waste Services, Inc., Sanifill, Inc., the of optoelectronic components operating with the Department on June 26, 1996. Office of the Attorney General of the in the blue and ultraviolet portion of the A notice was published in the Federal State of Texas, and the Office of the optical spectrum. Register on July 23, 1996 (61 FR 38215). Attorney General of the Commonwealth Constance D. Robinson, of Pennsylvania, by placing a copy of Constance K. Robinson, Director of Operations, Antitrust Division. this Competitive Impact Statement in Director of Operations, Antitrust Division. the U.S. mail, directed to each of the [FR Doc. 96–23697 Filed 9–16–96; 8:45 am] [FR Doc. 96–23699 Filed 9–16–96; 8:45 am] above-named parties at the addresses BILLING CODE 4410±01±M BILLING CODE 4410±01±M given below, this 6th day of September, 1996. Notice Pursuant to the National Notice Pursuant to the National USA Waste Services, Inc.: c/o James R. Cooperative Research and Production Cooperative Research and Production Weiss, Preston, Gates, Suite 500, 1735 Act of 1993ÐInter Company Act of 1993ÐInternational 300 MM New York Ave., NW, Washington, DC Collaboration for AIDS Drug Initiative, Inc. 20006 Development Sanifill, Inc.: c/o Kirk K. Van Tine, Notice is hereby given that, on August Baker & Botts, LLP, 1299 Notice is hereby given that, on August 15, 1996, pursuant to § 6(a) of the Pennsylvania Ave., NW, Washington, 23, 1996, pursuant to Section 6(a) of the National Cooperative Research and DC 20004 National Cooperative Research and Production Act of 1993, 15 U.S.C. State of Pennsylvania: James A. Production Act of 1993, 15 U.S.C. § 4301 et seq. (‘‘the Act’’), the International 300 MM Initiative, Inc. Donahue, III, Senior Deputy Attorney § 4301 et seq. (‘‘the Act’’), Inter (‘‘I300I’’) has filed written notifications General, Antitrust Section, 14th Floor, Company Collaboration for AIDS Drug simultaneously with the Attorney Strawberry Square, Harrisburg, PA Development (The Collaboration) filed General and the Federal Trade 17120 written notifications simultaneously Commission disclosing (1) the identities State of Texas: Mark Tobey, Assistant with the Attorney General and the of the parties and (2) the nature and Attorney General, Deputy Chief for Federal Trade Commission. The objectives of the venture. The Antitrust, Office of the Attorney notifications were filed for the purpose notifications were filed for the purpose General of Texas, P.O. Box 12548, of extending the Act’s provisions of invoking the Act’s provisions limiting Austin, TX 78711–2548 limiting the recovery of antitrust David R. Bickel, the recovery of antitrust plaintiffs to plaintiffs to actual damages under actual damages under specified Attorney, U.S. Department of Justice, specified circumstances. Antitrust Division, 1401 H Street, N.W., Suite circumstances. Pursuant to § 6(b) of the The Collaboration is planning to have Act, the identities of the parties are: 3000, Washington, D.C. 20530, (202) 307– an independent third party collect and 1168. AMD, Inc., Austin, TX; Hyundai distribute information about the amount [FR Doc. 96–23700 Filed 9–16–96; 8:45 am] Electronics Industries Co., Ltd., of resources its members devote to Kyoungki-do, KOREA; International 300 BILLING CODE 4410±01±M various AIDS-related research and MM Initiative, Inc., Austin, TX; development activities. It is the International Business Machines Collaboration’s intent to use the results Notice Pursuant to the National Corporation, Essex Junction, VT; Intel of the survey to identify potential areas Cooperative Research and Production Corporation, Santa Clara, CA; LG in which further cooperation among its Act of 1993ÐBlue Band II Consortium Semicon Co., Ltd., Cheongju, KOREA; members may be appropriate pursuant Lucent Technologies Inc., Murray Hill, Notice is hereby given that, on August to the Act. The company conducting the NJ; Motorola, Inc., Austin, TX; Philips 27, 1996 pursuant to Section 6(a) of the survey is a nonprofit institution with Semiconductors International B.V., National Cooperative Research and extensive experience in conducting Eindhoven, NETHERLANDS; Samsung Production Act of 1993, 15 U.S.C. confidential surveys of parmaceutical Electronics Company, Ltd., Seoul, § 4301 et seq. (‘‘the Act’’), parties to the companies. A questionnaire will be sent KOREA; SGS Thomson Blue Band II Consortium filed a written to each of the member companies of the Microelectronics, Inc., Crolles Cedex, notification simultaneously with the Collaboration. Upon receipt of the FRANCE; Siemens Components, Inc., Attorney General and the Federal Trade completed questionnaires, the company Cupertino, CA; Taiwan Semiconductor Commission disclosing (1) the identities will compile the data and circulate Manufacturing Co., Hsin-Chu, TAIWAN; of the parties and (2) the nature and aggregated results to each member of the and Texas Instruments, Inc., Dallas, TX. objective of the joint venture. The collaboration in a manner that prevents I300I’s area of planned activity is to notification was filed for the purpose of the identification of the company that facilitate the transition to the invoking the Act’s provisions limiting submitted particular data. manufacturing of semiconductors on the recovery of antitrust plaintiffs to No other changes have been made in 300 millimeter wafers and to encourage actual damages under specified either the membership or planned the commercial availability of circumstances. Pursuant to Section 6(b) activities of the Collaboration. equipment, materials and software from of the Act, the identities of the parties Membership in the Collaboration suppliers by (a) developing common are Boston University, Boston, MA; remains open, and the Collaboration performance targets for manufacturing Hewlett-Packard Company, Palo Alto, intends to file additional written equipment, materials, software and CA; Massachusetts Institute of notifications disclosing all changes in facilities; (b) characterizing and Technology, Cambridge, MA; SDL, Inc., membership. demonstrating 300mm capable Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48983 equipment and materials with selected Justice published a notice in the Federal (3) Enhance the quality, utility, and suppliers; and (c) working with existing Register pursuant to § 6(b) of the Act on clarity of the information to be standard-setting organizations to ensure June 27, 1995 (60 FR 33233). collected; and the establishment of appropriate Constance K. Robinson, (4) Minimize the burden of the technical standards. Director of Operations, Antitrust Division. collection of information on those who Membership in I300I will be open to [FR Doc. 96–23695 Filed 9–16–96; 8:45 am] are to respond, including through the any individual or entity that supports use of appropriate automated, BILLING CODE 4410±01±M the objectives of the organization and electronic, mechanical, or other subscribes to its bylaws. technological collection techniques or Constance K. Robinson, Office of Justice Programs other forms of information technology, Director of Operations, Antitrust Division. e.g., permitting electronic submission of [FR Doc. 96–23698 Filed 9–16–96; 8:45 am] Bureau of Justice Assistance; Agency responses. BILLING CODE 4410±01±M Information Collection Activities: Overview of this information Proposed Collection; Comment collection: Request (1) Type of information collection. Notice Pursuant to the National New collection. Cooperative Research and Production ACTION: Notice of information collection (2) The title of the form/collection. Act of 1993ÐMobile Information under review; Subgrant award report for STOP Violence Against Women Infrastructure for Digital Video and violence against women Formula Grant Formula Grant Program Subgrant Award Multimedia Applications Joint Venture; Program; Report Correction (3) The agency form number, if any, Office of Management and Budget and the applicable component of the In notice document 96–22087 (OMB) approval is being sought for the Department sponsoring the collection. appearing on page 45458 in the issue of information collection listed below. Form: None. Violence Against Women Thursday, August 29, 1996, in the This proposed information collection Branch, Crime Act Support Division, second full paragraph of the notice, the was previously published in the Federal Bureau of Justice Assistance, Office of sentence ‘‘Membership in this joint Register and allowed 60 days for public Justice Programs, United States venture remains open.’’ should be comment. The purpose of this notice is Department of Justice. deleted. to allow an additional 30 days for public (4) Affected public who will be asked Constance K. Robinson, comments until October 17, 1996. This or required to respond, as well as a brief Director of Operations, Antitrust Division. process is conducted in accordance with abstract. Primary: State, Local or Tribal [FR Doc. 96–23696 Filed 9–16–96; 8:45 am] 5 Code of Federal Regulation, Part Governments. Other: None. BILLING CODE 4410±01±M 1320.10. (5) An estimate of the total number of Written commends and/or suggestions respondents and the amount of time regarding the item(s) contained in this estimated for an average respondent to Notice Pursuant to the National notice, especially regarding the respond. 56 respondents, at Cooperative Research and Production estimated public burden and associated approximately 10 responses each: At 1 Act of 1993Ðthe Salutation response time, should be directed to the hour per response Consortium Office of Management and Budget, (6) An estimate of the total public Office of Information and Regulatory burden (in hours) associated with the Notice is hereby given that, on July Affairs, Attention: Department of Justice collection. 560 annual burden hours. 19, 1996, pursuant to § 6(a) of the Desk Officer, Washington, DC, 20503. Public comment on this proposed National Cooperative Research and Additionally, comments may be information collection is strongly Production Act of 1993, 15 U.S.C. submitted to OMB via facsimile to 202– encouraged. § 4301 et seq. (‘‘the Act’’), the Salutation 395–7285. Comments may also be Consortium has filed written Dated: September 3, 1996. submitted to the Department of Justice notifications simultaneously with the Robert B. Briggs, (DOJ), Justice Management Division, Attorney General and the Federal Trade Department Clearance Officer, United States Information Management and Security Commission disclosing changes in its Department of Justice. Staff, Attention: Department Clearance membership. The notifications were [FR Doc. 96–23707 Filed 9–16–96; 8:45 am] Officer, Suite 850, 1001 G Street, NW, filed for the purpose of extending the BILLING CODE 4410±21±M Washington, DC, 20530. Additionally, Act’s provisions limiting the recovery of comments may be submitted to DOJ via antitrust plaintiffs to actual damages facsimile to 202–514–1534. Written under specified circumstances. DEPARTMENT OF LABOR comments and suggestions from the Specifically, the changes are as follows: public and affected agencies should Kobe Steel, Ltd., Hyogo, JAPAN has Occupational Safety and Health address one or more of the following been added to the venture. Administration No other changes have been made in points: the membership or the planned activity (1) Evaluate whether the proposed Proposed Information Collection of the joint venture. Membership in the collection of information is necessary Request for the proper performance of the venture remains open and the ACTION: Notice. Consortium intends to file additional functions of the agency/component, written notifications disclosing all including whether the information will SUMMARY: The Department of Labor, as changes in membership. have practical utility; part of its continuing effort to reduce On March 30, 1995, the Salutation (2) Evaluate the accuracy of the paperwork and respondent burden, Consortium, under the name agencies/components estimate of the conducts a preclearance consultation SmartOffice Industry Consortium, filed burden of the proposed collection of program to provide the general public its original notification pursuant to information, including the validity of and Federal agencies with an § 6(a) of the Act. The Department of the methodology and assumptions used; opportunity to comment on proposed 48984 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices and/or continuing collections of Act. The petition asked OSHA to reduce technology that could reduce exposure information in accordance with the the permissible exposure limit (PEL) for levels; and other means used to control Paperwork Reduction Act of 1995 hexavalent chromium to 0.5 µg/m3 and or reduce exposure levels, such as (PRA95) (44 U.S.C. 3506(c)(2)(A). This to follow the Emergency Temporary administrative controls or work program helps to ensure that requested Standard with a Section 6(b)(5) practices. data can be provided in the desired rulemaking. [The current OSHA PEL for Type of Review: New. format, reporting burden (time and chromium (VI) (Measured as CrO3) is Agency: Occupational Safety and financial resources) is minimized, 100 µg/m3 as a ceiling limit (29 CFR Health Administration. collection instruments are clearly 1910.1000 Table Z–2).] Title: Hexavalent Chromium Site understood, and the impact of collection OSHA has initiated a Section 6(b)(5) Visits. requirements on respondents can be rulemaking in response to the OCAW OMB Number: None. properly assessed. Currently, the petition. The scope of the rulemaking Agency Number: ICR–96–14. Occupational Safety and Health will cover the General Industry, Frequency: Once. Administration is soliciting comments Agriculture, Construction, and Maritime Affected Public: Private businesses, concerning the proposed new collection sectors. To meet the requirements of federal government. of information to develop the economic OSHA case law, Executive Order 12866 Number of Respondents: 150. analysis for a hexavalent chromium and the Regulatory Flexibility Act, Estimated Time per Respondent: 30 rulemaking that the Agency us OSHA must develop an economic hours, on average, for site visits; 1⁄2 hour undertaking. analysis (EA) for the standard. Under on average for phone interviews. DATES: Written comments must be the OSH Act, the Agency must also Total Estimated Cost: $341,250. submitted to the office listed in the demonstrate the economic and For Further Information Contact: addressee section below on or before technological feasibility of the proposed Anne C. Cyr, Acting Director, Office of November 18, 1996. The Department of standard. Information and Consumer Affairs, To support its technological Labor is particularly interested in Occupational Safety and Health feasibility conclusions, OSHA must comments which: Administration, U.S. Department of Evaluate whether the proposed gather information on technological Labor, Room N–3647, 200 Constitution collection of information is necessary solutions for controlling hexavalent Ave., NW., Washington, DC 20210. chromium exposure, including for the proper performance of the Telephone (202) 219–8148. Copies of information on engineering controls, functions of the agency, including the information collection request are chemical substitution, process whether the information will have available for inspection and copying in modifications, work practice controls, practical utility; the Docket Office and will be Evaluate the accuracy of the agency’s and personal protection equipment. immediately mailed to persons who estimate of the burden of the proposed OSHA particularly needs information request copies by telephoning Vivian collection of information, including the linking data on the exposure control Allen at (202) 219–8076. For electronic measures in use at the time of sampling validity of the methodology and copies, contact OSHA’s Web Page on and the levels of worker exposure to assumptions used; Internet at http://www.osha.gov/. Enhance the quality, utility, and hexavalent chromium achieved with these controls in a wise variety of Dated: September 11, 1996. clarity of the information to be Marthe Kent, collected; and industries and job categories within these industries. Information of this Director, Office of Regulatory Analysis, Minimize the burden of the collection Directorate of Policy, Occupational Safety of information on those who are to type is essential in order to determine the technological feasibility of and Health Administration, U.S. Department respond, including the use of of Labor. appropriate automated, electronic, alternative PELs and to estimate the Collection of information sought by mechanical, or other technological associated costs of compliance. The OSHA for industries potentially affected collection techniques or other forms of Agency proposes to conduct as many as by the proposed hexavalent chromium information technology, e.g., permitting 50 site visits to affected employers and rulemaking: electronic submissions of responses. to contact and interview by phone as many as 150 firms, trade associations, 1. Identification of processes or ADDRESSES: Comments are to be labor organizations, or experts. operations that may result in exposures submitted to the Docket Office, Docket to employees. No. ICR–96–14, U.S. Department of II. Current Actions 2. A description of the production Labor, Room N–2625, 200 Constitution The proposed collection of process, its technology, and control Ave, N.W., Washington, D.C. 20010, information consists of site visits to as technology. telephone (202) 219–7894 (not a toll-free many as 50 establishments within 3. A description of activities by number). Written comments of 10 pages industries affected by the proposed occupation that result in worker or less may also be transmitted by standard and phone interviews with as exposures. How are employees exposed? facsimile to (202) 219–5046. many as 150 employers, trade During what work activities? What is SUPPLEMENTARY INFORMATION: associations, labor organizations, or the length and frequency of exposure? experts in the field. Information to be 4. How many employees work in each I. Background sought by these site visits will consist of process with exposures to the substance The Occupational Safety and Health identification of processes that have in question? How many people are in Administration (OSHA) is currently exposures to hexavalent chromium; a each occupation at that process? developing a proposal for a revised description of the production 5. What data is available of exposure standard for exposure to hexavalent technology, controls and occupations of levels of each occupation of the process? chromium in response to a petition by each process; occupational exposure Is historical data available? the Oil, Chemical, and Atomic Workers levels of employees at those processes; 6. What technology or controls are Union (OCAW) and Public Citizen to potential new technologies or controls capable of reducing exposures? What issue an Emergency Temporary that may reduce exposures; estimates of exposure levels could be achieved with Standard under Section 6(c) of the OSH costs of current technology as wall as other control technologies? Are there Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48985 substitutes for hexavalent chromium? Service Service Are there other technologies employed area Applicant name area Applicant name by the industry? 7. Are the changes in administrative NAZ±2 ... Community Legal Services, Inc. CO±2 ..... Colorado Rural Legal Services, controls or work practices that could NAZ±3 ... Papago Legal Services, Inc. Inc. affect employee exposures? NAZ±4 ... Southern Arizona Legal Aid, Inc. CO±3 ..... Legal Aid Society of Metropolitan Denver, Inc. 8. Estimates of the cost of the various NAZ±5 ... DNA-People's Legal Services, Inc. CO±4 ..... Colorado Rural Legal Services, means of reducing occupational MAZ ...... Community Legal Services, Inc. Inc. exposure levels. Estimates of the cost Pinal & Gila Counties Legal Aid Pikes Peak Legal Services. current controls. Society. Pueblo County Legal Services, 9. General information from the AR±1 ...... Ozark Legal Services. Inc. establishment on number of employees, AR±2 ...... Legal Services of Northeast Ar- NCO±1 ... Colorado Rural Legal Services, number of production employees, kansas, Inc. Inc. products and production levels. AR±3 ...... Western Arkansas Legal Serv- MCO ...... Colorado Rural Legal Services, 10. Information about the technology, ices, Inc. Inc. controls, and exposures for the rest of AR±4 ...... East Arkansas Legal Services. CT±1 ...... Statewide Legal Services of Con- AR±5 ...... Center For Arkansas Legal Serv- necticut, Inc. the industry. NCT±1 ... ÐNo ApplicantÐ 11What are the economic benefits of ices. MAR ...... Center For Arkansas Legal Serv- MCT ...... Statewide Legal Services of Con- installing production technology that necticut, Inc. reduces exposures? ices. CA±1 ...... California Indian Legal Services, DE±1 ...... Legal Services Corporation of [FR Doc. 96–23783 Filed 9–16–96; 8:45 am] Inc. Delaware, Inc. MDE ...... Legal Aid Bureau, Inc. BILLING CODE 4510±26±M CA±2 ...... Greater Bakersfield Legal Assist- ance, Inc. DC±1 ..... Lawrence & Associates Legal Jones and Kramer, LLC. Group. CA±3 ...... Central California Legal Services. Neighborhood Legal Services LEGAL SERVICES CORPORATION CA±4 ...... California Legal Foundation. Program of the District of Co- Legal Aid Foundation of Long lumbia. List of Applicants for 1997 Competitive Beach. FL±1 ...... Central Florida Legal Services, Inc. Grant Funds CA±5 ...... California Legal Foundation. FL±2 ...... Legal Aid Service of Broward Legal Aid Foundation of Los An- AGENCY: Legal Services Corporation. County, Inc. geles. FL±3 ...... Florida Rural Legal Services, Inc. ACTION: Announcement of qualified CA±6 ...... Legal Aid Society of Alameda FL±4 ...... Jacksonville Area Legal Aid, Inc. applicants. County. FL±5 ...... Legal Services of Greater Miami, CA±7 ...... Channel Counties Legal Services Inc. SUMMARY: The Legal Services Association. Corporation (LSC or Corporation) FL±6 ...... Legal Services of North Florida, Oxnard Legal Clinic, Inc. Inc. hereby announces the name of the CA±8 ...... San Fernando Valley Neighbor- organizations that have qualified to FL±7 ...... Greater Orlando Area Legal Serv- hood Legal Services, Inc. ices, Inc. compete for 1997 competitive grant CA±9 ...... California Legal Foundation. FL±8 ...... Bay Area Legal Services, Inc. funds. Legal Services Program for Pasa- FL±9 ...... Withlacoochee Area Legal Serv- ADDRESSES: Legal Services dena and San Gabriel-Pomona ices, Inc. Corporation—Competitive Grants, Legal Valley. FL±10 .... Three Rivers Legal Services, Inc. CA±10 .... Legal Aid Society of San Mateo Services Corporation, 750 First Street FL±11 .... Northwest Florida Legal Services, County. Inc. N.E., 10th Floor, Washington, DC CA±11 .... Contra Costa Legal Services 20002–4250. FL±12 .... Gulfcoast Legal Services, Inc. Foundation. MFL ...... Florida Rural Legal Services, Inc. FOR FURTHER INFORMATION CONTACT: CA±12 .... Inland Counties Legal Services GA±1 ..... Atlanta Legal Aid Society, Inc. Merceria Ludgood, Director, Office of Inc. GA±2 ..... Georgia Legal Services Program. Program Services, (202) 336–8865. CA±13 .... Legal Services of Northern Cali- MGA ...... Georgia Legal Services Program. fornia Inc. GU±1 ..... Guam Legal Services Corpora- Service CA±14 .... Legal Aid Society of San Diego, tion. area Applicant name Inc. HI±1 ...... Legal Aid Society of Hawaii. CA±15 .... California Rural Legal Assistance, NHI±1 .... Native Hawaiian Legal Corpora- AL±1 ...... Legal Services Corporation of Inc. tion. Alabama, Inc. Leroy George Siddell. MHI ...... Legal Aid Society of Hawaii. AL±2 ...... Legal Services of North-Central CA±16 .... San Francisco Neighborhood ID±1 ...... Idaho Legal Aid Services, Inc. Alabama, Inc. Legal Assistance Foundation. NID±1 .... Idaho Legal Aid Services, Inc. AL±3 ...... Legal Services of Metro Bir- CA±17 .... Legal Aid of Marin. MID ...... Idaho Legal Aid Services, Inc. mingham, Inc. CA±18 .... Community Legal Services, Inc. IL±1 ...... Cook County Legal Assistance MAL ...... Legal Services Corporation of CA±19 .... Legal Aid Society of Orange Foundation, Inc. Alabama, Inc. County, Inc. IL±2 ...... Legal Assistance Foundation of AK±1 ...... Alaska Legal Services Corpora- CA±20 .... Legal Aid for the Central Coast. Chicago. tion. CA±21 .... Leroy George Siddell. IL±3 ...... Land of Lincoln Legal Assistance NAK±1 ... Alaska Legal Services Corpora- Tulare/Kings Counties Legal Serv- Foundation, Inc. tion. ices, Inc. IL±4 ...... Prairie State Legal Services, Inc. AZ±1 ...... Pinal & Gila Counties Legal Aid CA±22 .... Legal Aid for the Central Coast. IL±5 ...... West Central Illinois Legal Assist- Society. CA±23 .... Redwood Legal Assistance. ance. AZ±2 ...... DNA-People's Legal Services, NCA±1 ... California Indian Legal Services, MIL ...... Legal Assistance Foundation of Inc. Inc. Chicago. AZ±3 ...... Community Legal Services, Inc. MCA ...... California Rural Legal Assistance, IN±1 ...... Legal Services of Maumee Valley, AZ±4 ...... Southern Arizona Legal Aid, Inc. Inc. Inc. NAZ±1 ... Pinal & Gila Counties Legal Aid Oxnard Legal Clinic, Inc. IN±2 ...... Legal Services of Northwest Indi- Society. CO±1 ..... Pikes Peak Legal Services. ana, Inc. 48986 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Service Service Service area Applicant name area Applicant name area Applicant name

IN±3 ...... Legal Services Organization of In- MI±3 ...... Wayne County Neighborhood NNE±1 ... Legal Aid Society, Inc. diana, Inc. Legal Services, Inc. MNE ...... Western Nebraska Legal Serv- IN±4 ...... Legal Services Program of North- MI±4 ...... Legal Services of Eastern Michi- ices, Inc. ern Indiana, Inc. gan. NV±1 ...... Nevada Legal Services, Inc. MIN ...... Legal Services Organization of In- MI±5 ...... Legal Aid of Central Michigan. NNV±1 ... Nevada Legal Services, Inc. diana, Inc. MI±6 ...... Lakeshore Legal Services, Inc. MNV ...... Nevada Legal Services, Inc. IA±1 ...... Legal Services Corporation of MI±7 ...... Oakland Livingston Legal Aid. NH±1 ..... New Hampshire Legal Services, Iowa. MI±8 ...... Berrien County Legal Services Inc. IA±2 ...... Legal Aid Society of Polk County. Bureau, Inc. MNH ...... Pine Tree Legal Assistance, Inc. MIA ...... Legal Services Corporation of MI±9 ...... Legal Services of Northern Michi- NJ±1 ...... Cape-Atlantic Legal Services, Inc. Iowa. gan, Inc. NJ±2 ...... Warren County Legal Services, KS±1 ...... Kansas Legal Services, Inc. MI±10 ..... Legal Aid of Western Michigan. Inc. MKS ...... Kansas Legal Services, Inc. MI±11 ..... Legal Aid Bureau of Southwestern NJ±3 ...... Camden Regional Legal Services, KY±1 ...... Northern Kentucky Legal Aid So- Michigan, Inc. Inc. ciety, Inc. NMI±1 .... Michigan Indian Legal Services, NJ±4 ...... Union County Legal Services Cor- KY±2 ...... Legal Aid Society, Inc. Inc. poration. KY±3 ...... Central Kentucky Legal Services, MMI ...... Legal Services of Eastern Michi- NJ±5 ...... Hunterdon County Legal Service Inc. gan. Corporation. Northeast Kentucky Legal Serv- Legal Services of Southeastern NJ±6 ...... Bergen County Legal Services. ices, Inc. Michigan, Inc. NJ±7 ...... Hudson County Legal Services KY±4 ...... Northeast Kentucky Legal Serv- MP±1 ..... Micronesian Legal Services Cor- Corporation. ices, Inc. poration. NJ±8 ...... Essex-Newark Legal Services Project, Inc. KY±5 ...... Appalachian Research and De- MN±1 ..... Legal Aid Service of Northeastern NJ±9 ...... Middlesex County Legal Services fense Fund of Kentucky. Minnesota. MN±2 ..... Judicare of Anoka County, Inc. Corporation. KY±6 ...... Cumberland Trace Legal Serv- MN±3 ..... Central Minnesota Legal Services, NJ±10 .... Passaic County Legal Aid Soci- ices, Inc. Inc. ety. KY±7 ...... Western Kentucky Legal Services, MN±4 ..... Legal Services of Northwest Min- NJ±11 .... Somerset-Sussex Legal Services Inc. nesota. Corporation. MKY ...... Appalachian Research and De- MN±5 ..... Southern Minnesota Regional NJ±12 .... Law Office of Lynn A Kenneally. fense Fund of Kentucky Legal Services, Inc. Ocean-Monmouth Legal Services, LA±1 ...... Capital Area Legal Services Cor- NMN±1 Anishinabe Legal Services, Inc. Inc. poration. MMN ...... Southern Minnesota Regional NJ±13 .... Legal Aid Society of Mercer LA±2 ...... Southwest Louisiana Legal Serv- Legal Services, Inc. County. ices Society, Inc. MS±1 ..... Central Mississippi Legal Serv- NJ±14 .... Legal Aid Society of Morris Coun- LA±3 ...... North Louisiana Legal Assistance ices. ty. Corporation. MS±2 ..... North Mississippi Rural Legal MNJ ...... Camden Regional Legal Services, LA±4 ...... New Orleans Legal Assistance Services, Inc. Inc. Corporation. MS±3 ..... South Mississippi Legal Services Law Office of Lynn A Kenneally. LA±5 ...... Northwest Louisiana Legal Serv- Corporation. NM±1 ..... DNA-People's Legal Services, ices, Inc. MS±4 ..... East Mississippi Legal Services Inc. LA±6 ...... Acadiana Legal Service Corpora- Corporation. NM±2 ..... Legal Aid Society of Albuquerque, tion. MS±5 ..... Southeast Mississippi Legal Serv- Inc. LA±7 ...... Kisatchie Legal Services Corpora- ices Corporation. NM±3 ..... Southern New Mexico Legal Serv- tion. MS±6 ..... Southwest Mississippi Legal Serv- ices, Inc. LA±8 ...... Southeast Louisiana Legal Serv- ices Corporation. NM±4 ..... Northern New Mexico Legal Serv- ices Corporation. NMS±1 ... Choctaw Legal Defense. ices, Inc. MLA ...... Acadiana Legal Service Corpora- East Mississippi Legal Services MNM ...... Southern New Mexico Legal Serv- tion. Corporation. ices, Inc. ME±1 ..... Pine Tree Legal Assistance, Inc. MMS ...... Central Mississippi Legal Serv- NNM±1 Southern New Mexico Legal Serv- NME±1 ... Pine Tree Legal Assistance, Inc. ices. ices, Inc. MME ...... Pine Tree Legal Assistance, Inc. MO±1 ..... Southeast Missouri Legal Serv- NNM±2 DNA-People's Legal Services, MD±1 ..... Legal Aid Bureau, Inc. ices, Inc. Inc. MMD ...... Legal Aid Bureau, Inc. MO±2 ..... Meramec Area Legal Aid Cor- NNM±3 Indian Pueblo Legal Services, Inc. MA±1 ..... Volunteer Lawyers Project of the poration. NY±1 ...... Legal Aid Society of Northeastern Boston Bar Association, Inc. MO±3 ..... Legal Aid of Western Missouri. New York, Inc. MA±2 ..... South Middlesex Legal Services, MO±4 ..... Legal Services of Eastern Mis- NY±2 ...... Monroe County Legal Assistance Inc. souri, Inc. Corporation. MA±3 ..... Legal Services for Cape Cod and MO±5 ..... Mid-Missouri Legal Services Cor- NY±3 ...... Legal Aid for Broome and Islands, Inc. poration. Chenango, Inc. MA±4 ..... Merrimack Valley Legal Services, MO±6 ..... Legal Aid of Southwest Missouri. NY±4 ...... Neighborhood Legal Services, Inc. MMO ...... Legal Aid of Western Missouri. Inc. MA±5 ..... New Center for Legal Advocacy. MT±1 ..... Montana Legal Services Associa- NY±5 ...... Chautauqua County Legal Serv- MA±6 ..... Massachusetts Justice Project, tion. ices, Inc. Inc. NMT±1 ... Montana Legal Services Associa- NY±6 ...... Chemung County Neighborhood MA±7 ..... Massachusetts Justice Project, tion. Legal Services, Inc. Inc. MMT ...... Montana Legal Services Associa- NY±7 ...... Nassau/Suffolk Law Services MMA ...... Massachusetts Justice Project, tion. Committee, Inc. Inc. NE±1 ...... Legal Services of Southeast Ne- NY±8 ...... Legal Aid Society of Rockland MI±1 ...... Legal Services of Southeastern braska. County, Inc. Michigan, Inc. NE±2 ...... Legal Aid Society, Inc. NY±9 ...... Legal Services for New York City. MI±2 ...... Legal Services Organization of NE±3 ...... Western Nebraska Legal Serv- NY±10 .... Niagara County Legal Aid Soci- Southcentral Michigan. ices, Inc. ety, Inc. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48987

Service Service Service area Applicant name area Applicant name area Applicant name

NY±11 .... ÐService Area Not Competed for OR±2 ..... Lane County Legal Aid Service, TN±2 ...... Legal Services of Upper East 1997Ð Inc. Tennessee, Inc. NY±12 .... Monroe County Legal Assistance OR±3 ..... Multnomah County Legal Aid TN±3 ...... Knoxville Legal Aid Society, Inc. Corporation. Service, Inc. TN±4 ...... Johnson & Settle, P.C. NY±13 .... Legal Services of Central New OR±4 ..... Marion-Polk Legal Aid Service, Memphis Area Legal Services, York, Inc. Inc. Inc. NY±14 .... Legal Aid Society of Mid-New NOR±1 ... Oregon Legal Services Corpora- TN±5 ...... Legal Aid Society of Middle Ten- York, Inc. tion. nessee. NY±15 .... Westchester/Putnam Legal Serv- MOR ...... Oregon Legal Services Corpora- TN±6 ...... Rural Legal Services of Ten- ices. tion. nessee, Inc. NY±16 .... North Country Legal Services, PA±1 ...... Delaware Valley Legal Services. TN±7 ...... West Tennessee Legal Services. Inc. Leslie Levi Payton. TN±8 ...... Legal Services of South Central NY±17 .... Southern Tier Legal Services. Philadelphia Legal Assistance Tennessee, Inc. MNY ...... Legal Aid Society of Mid-New Center. MTN ...... Legal Services of Upper East York, Inc. PA±2 ...... Legal Services, Inc. Tennessee, Inc. NC±1 ..... Legal Services of North Carolina, PA±3 ...... Delaware County Legal Assist- TX±1 ...... Legal Aid of Central Texas. Inc. ance Association, Inc. TX±2 ...... Coastal Bend Legal Services. NC±2 ..... Legal Services of Southern Pied- Delaware Valley Legal Services. TX±3 ...... Legal Services of North Texas. mont, Inc. PA±4 ...... Bucks County Legal Aid Society. TX±4 ...... El Paso Legal Assistance Society. NC±3 ..... North Central Legal Assistance Delaware Valley Legal Services. TX±5 ...... West Texas Legal Services, Inc. Program, Inc. PA±5 ...... Laurel Legal Services, Inc. TX±6 ...... Gulf Coast Legal Foundation NC±4 ..... Legal Aid Society of Northwest PA±6 ...... Southern Alleghenys Legal Aid, TX±7 ...... Laredo Legal Aid Society, Inc. North Carolina, Inc. Inc. TX±8 ...... Bexar County Legal Aid Associa- NNC±1 ... Legal Services of North Carolina, PA±7 ...... Central Pennsylvania Legal Serv- tion, Inc. Inc. ices. TX±9 ...... Heart of Texas Legal Services PA±8 ...... Neighborhood Legal Services As- MNC ...... Legal Services of North Carolina, Corporation. sociation. Inc. TX±10 .... Texas Rural Legal Aid, Inc. PA±9 ...... Northern Pennsylvania Legal ND±1 ..... Legal Assistance of North Dakota, TX±11 .... East Texas Legal Services, Inc. Services, Inc. Inc. NTX±1 ... Texas Rural Legal Aid, Inc. PA±10 .... Keystone Legal Services, Inc. ND±2 ..... North Dakota Legal Services, Inc. MTX ...... Texas Rural Legal Aid, Inc. PA±11 .... Southwestern Pennsylvania Legal NND±1 ... Legal Assistance of North Dakota, UT±1 ...... DNA-People's Legal Services, Aid Society, Inc. Inc. Inc. PA±12 .... Delaware Valley Legal Services. Utah Legal Services, Inc. NND±2 ... North Dakota Legal Services, Inc. Legal Aid of Chester County, Inc. MND ...... Southern Minnesota Regional PA±13 .... Legal Services of Northeastern NUT±1 ... Utah Legal Services, Inc. Legal Services, Inc. Pennsylvania, Inc. MUT ...... Utah Legal Services, Inc. OH±1 ..... Western Reserve Legal Services. PA±14 .... Susquehanna Legal Services. VT±1 ...... Legal Services Law Line of Ver- OH±2 ..... Stark County Legal Aid Society. PA±15 .... Northwestern Legal Services. mont, Inc. OH±3 ..... Legal Aid Society of Cincinnati. PA±16 .... Blair County Legal Services Cor- MVT ...... Legal Services Law Line of Ver- OH±4 ..... The Legal Aid Society of Cleve- poration. mont, Inc. land. PA±17 .... Lehigh Valley Legal Services, Inc. VI±1 ...... Legal Services of the Virgin Is- OH±5 ..... The Legal Aid Society of Colum- PA±18 .... Delaware Valley Legal Services. lands. bus. Montgomery County Legal Aid VA±1 ...... Legal Services of Northern Vir- OH±6 ..... Ohio State Legal Services. Service. ginia, Inc. OH±7 ..... Legal Aid Society of Dayton, Inc. PA±19 .... Schuylkill County Legal Services, VA±2 ...... Charlottesville-Albemarle Legal OH±8 ..... Legal Aid Society of Lorain Coun- Inc. Aid Society. ty, Inc. MPA ...... Delaware Valley Legal Services. VA±3 ...... Rappahannock Legal Services, OH±9 ..... Butler-Warren Legal Assistance Philadelphia Legal Assistance Inc. Association. Center. VA±4 ...... Southwest Virginia Legal Aid So- OH±10 ... Allen County-Blackhoof Area PR±1 ...... Puerto Rico Legal Services, Inc. ciety, Inc. Legal Services Association. PR±2 ...... Community Law Office, Inc. VA±5 ...... Peninsula Legal Aid Center, Inc. OH±11 ... Central Ohio Legal Aid Society, MPR ...... Puerto Rico Legal Services, Inc. VA±6 ...... Central Virginia Legal Aid Society, Inc. RI±1 ...... Rhode Island Legal Services, Inc. Inc. OH±12 ... Advocates for Basic Legal Equal- MRI ...... Rhode Island Legal Services, Inc. VA±7 ...... Legal Aid Society of New River ity, Inc. SC±1 ...... Neighborhood Legal Assistance Valley, Inc. OH±13 ... The Toledo Legal Aid Society. Program, Inc. VA±8 ...... Legal Aid Society of Roanoke OH±14 ... Wooster-Wayne Legal Aid Soci- SC±2 ...... Palmetto Legal Services. Valley. ety, Inc. SC±3 ...... Carolina Regional Legal Services VA±9 ...... Tidewater Legal Aid Society. OH±15 ... Northeast Ohio Legal Services. Corporation. VA±10 .... Virginia Legal Aid Society, Inc. OH±16 ... Rural Legal Aid Society of West SC±4 ...... Legal Services Agency of West- VA±11 .... Southside Virginia Legal Services, Central Ohio. ern Carolina, Inc. Inc. MOH ...... Advocates for Basic Legal Equal- SC±5 ...... Piedmont Legal Services, Inc. VA±12 .... Blue Ridge Legal Services, Inc. ity, Inc. SC±6 ...... Piedmont Legal Services, Inc. VA±13 .... Client Centered Legal Services of OK±1 ..... Legal Aid of Western Oklahoma, MSC ...... Neighborhood Legal Assistance Southwest Virginia, Inc. Inc. Program, Inc. MVA ...... Peninsula Legal Aid Center, Inc. OK±2 ..... Legal Services of Eastern Okla- SD±1 ...... Black Hills Legal Services, Inc. WA±1 ..... Northwest Justice Project. homa, Inc. SD±2 ...... East River Legal Services Cor- NWA±1 Northwest Justice Project. NOK±1 ... Oklahoma Indian Legal Services, poration. MWA ...... Northwest Justice Project. Inc. SD±3 ...... Dakota Plains Legal Services, Inc. WV±1 ..... Appalachian Research and De- MOK ...... Legal Aid of Western Oklahoma, NSD±1 ... Dakota Plains Legal Services, Inc. fense Fund, Inc. Inc. MSD ...... Black Hills Legal Services, Inc. WV±2 ..... Legal Aid Society of Charleston. OR±1 ..... Oregon Legal Services Corpora- TN±1 ...... Southeast Tennessee Legal Serv- WV±3 ..... West Virginia Legal Services tion. ices, Inc. Plan, Inc. 48988 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

to the seating capacity of the room. The Committee on Equal Opportunities in Service Applicant name area agenda for the meeting is as follows: Science and Engineering; Notice of Meeting MWV ...... West Virginia Legal Services —Overview of NASA’s FY 97 Plan, Inc. Aeronautics Program In accordance with the Federal WI±1 ...... Legal Action of Wisconsin, Inc. —High-Speed Research Materials and Advisory Committee Act, Pub. L. 92– WI±2 ...... Wisconsin Judicare, Inc. Structures Program Status 463, as amended, the National Science WI±3 ...... Legal Services of Northeastern Foundation announces the following Wisconsin, Inc. —Base Structures and Materials/ meeting: WI±4 ...... Western Wisconsin Legal Serv- Airframes ices, Inc. Name: Committee on Equal Opportunities NWI±1 .... Wisconsin Judicare, Inc. —Base Structures and Materials/ in Science and Engineering (#1173), MWI ...... Legal Action of Wisconsin, Inc. Propulsion Date and time: October 2 and 3, 1996; 9:00 to 5:00 and 9 to noon, WY±1 ..... Legal Aid Services, Inc. It is imperative that the meeting be Legal Services for Southeastern Place: Room 1235, National Science Wyoming, Inc. held on this date to accommodate the Foundation, 4201 Wilson Blvd., Arlington, Wind River Legal Services, Inc. scheduling priorities of the key VA, WY±2 ..... Legal Aid Services, Inc. participants. Type of meeting: Open, Contact person: Sue Kemnitzer, Executive Legal Services for Southeastern Dated; September 10, 1996. Wyoming, Inc. Secretary, Room 585, NSF, 4201 Wilson Wind River Legal Services, Inc. Leslie M. Nolan, Blvd., Arlington, Va. 22230. Phone: (703) WY±3 ..... Legal Aid Services, Inc. Advisory Committee Management Officer. 306–1382. Minutes: May be obtained from the contact Legal Services for Southeastern [FR Doc. 96–23692 Filed 9–16–96; 8:45 am] Wyoming, Inc. person at the above address. Wind River Legal Services, Inc. BILLING CODE 7510±01±M Purpose of meeting: To advise NSF on NWY±1 Legal Aid Services, Inc. policies and activities of the Foundation to Wind River Legal Services, Inc. encourage full participation of women, MWY ...... Legal Aid Services, Inc. minorities, and persons with disabilities Wind River Legal Services, Inc. NATIONAL SCIENCE FOUNDATION currently underrepresented in scientific, engineering, professional, and technical Date Issued: September 12, 1996. Advisory Panel for Biological fields and to advise NSF concerning implementation of the provisions of the Merceria L. Ludgood, Infrastructure; Notice of Meeting Science and Engineering Equal Opportunities Director, Office of Program Services. Act. [FR Doc. 96–23784 Filed 9–16–96; 8:45 am] In accordance with the Federal Agenda: To discuss and work on BILLING CODE 7050±01±P Advisory Committee Act (Pub. L. 92– Committee’s Report to Congress, 463, as amended), the National Science briefings by NSF staff and COESE Foundation announces the following members, and develop strategic plan for NATIONAL AERONAUTICS AND meeting: the Committee. SPACE ADMINISTRATION Name and committee code: Advisory Panel Dated; September 11, 1996. for Biological Infrastructure (#1215) M. Rebecca Winkler, [Notice 96±114] Date and time: October 10–11, 1996, 8:30 Committee Management Officer. NASA Advisory Council (NAC), a.m.–5:00 p.m. [FR Doc. 96–23797 Filed 9–16–96; 8:45 am] Place: National Science Foundation, Room Aeronautics Advisory Committee, BILLING CODE 7555±01±M Subcommittee on Materials and 370, 4201 Wilson Boulevard, Arlington, VA. Structures; Meeting Type of meeting: Closed. Contact person: Karl Koehler and Berry Special Emphasis Panel in Networking AGENCY: National Aeronautics and Masters, Program Directors, Biological & Communications Research & Space Administration. Instrumentation and Instrument Infrastructure; Notice of Meeting ACTION: Notice of meeting. Development, Room 615, National Science Foundation, 4201 Wilson Boulevard, In accordance with the Federal SUMMARY: In accordance with the Arlington, VA, Telephone: (703) 306–1472. Advisory Committee (Pub. L. 92–463, as Federal Advisory Committee Act, Pub. Purpose of meeting: To provide advice and amended), the National Science L. 92–463, as amended, the National recommendations concerning proposals Foundation announces the following Aeronautics and Space Administration submitted to NSF for financial support. meeting. announces a NAC, Aeronautics Agenda: To review and evaluate Multi- Name: Special Emphasis for NSFNET Advisory Committee, Subcommittee on User Biological Sciences (MBE) proposals as Connections Panel (#1207). Materials and Structures meeting. part of the selection process for award. Date and time: October 8, 1996; 8:30 DATES: October 17, 1996, 8:00 a.m. to Reason for closing: The proposals being a.m. to 5:00 p.m. 6:00 p.m.; and October 18, 1996, 8:00 reviewed include information of a Place: Room 1175. a.m. to 2:30 p.m. proprietary or confidential nature, including Type of meeting: Closed. technical information; financial data, such as Contact person(s): Mark Luker, ADDRESSES: National Aeronautics and Program Director, CISE/NCRI, Room Space Administration, Langley Research salaries; and personal information concerning individuals associated with the 1175, National Science Foundation, Center, Building 1229, Room 124, proposals. These matters are exempt under 5 4201 Wilson Boulevard, Arlington, VA Hampton, VA 23681. U.S.C. 552b(c), (4) and (6) of the Government 22230, (703) 306–1950. FOR FURTHER INFORMATION CONTACT: in the Sunshine Act. Purpose of meeting: To provide Mr. Irving Abel, National Aeronautics Dated September 11, 1996. advice and recommendations and Space Administration, Langley concerning proposals submitted to NSF M. Rebecca Winkler, Research Center, Hampton, VA 23681– for financial support. 0001 (757/864–2934). Committee Management Officer. Agenda: To review and evaluate SUPPLEMENTARY INFORMATION: The [FR Doc. 96–23798 Filed 9–16–96; 8:45 am] proposals submitted for the NSFNET meeting will be open to the public up BILLING CODE 7555±01±M Connections Program. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48989

Reason for closing: The proposals NUCLEAR REGULATORY Licensing Board Panel will rule on the being reviewed include information of a COMMISSION request and/or petition, and the Secretary or the designated Atomic proprietary or confidential nature, [Docket No. 72±18] including technical information; Safety and Licensing Board will issue a financial data, such as salaries, and Northern States Power Company; notice of hearing or an appropriate personal information concerning Notice of Consideration of Issuance of order. In the event that no request for individuals associated with the a Materials License for the Storage of hearing or petition for leave to intervene proposals. These matters are exempt Spent Fuel and Notice of Opportunity is filed by the above date, the NRC may, under 5 U.S.C. 552b.(c) (4) and (6) of the for a Hearing upon satisfactory completion of all required evaluations, issue the materials Government in the Sunshine Act. The Nuclear Regulatory Commission license without further prior notice. Dated: September 11, 1996. is considering an application dated A petition for leave to intervene shall M. Rebecca Winkler, August 7, 1996, for a materials license, set forth with particularity the interest Committee Management Officer. under the provisions of 10 CFR Part 72, of the petitioner in the proceeding and from Northern States Power Company [FR Doc. 96–23799 Filed 9–16–96; 8:45 am] how that interest may be affected by the (the applicant or NSP) to possess spent results of the proceeding. The petition BILLING CODE 7555±01±M fuel and other radioactive materials should specifically explain the reasons associated with spent fuel storage in an why intervention should be permitted off-site independent spent fuel storage with particular reference to the United States Antarctic Program Blue installation (ISFSI) located in Goodhue following factors: (1) The nature of the Ribbon Panel; Notice of Meeting County, Minnesota. If granted, the petitioner’s right under the Act to be license will authorize the applicant to made a party to the proceeding; (2) the In accordance with the Federal store spent fuel in a dry storage cask nature and extent of the petitioner’s Advisory Committee Act (Pub. L. 92– system at the off-site ISFSI which the property, financial, or other interest in 463, as amended), the National Science applicant proposes to construct and the proceeding; and (3) the possible Foundation announces the following operate in Goodhue County, Minnesota. effect of any order that may be entered meeting. Pursuant to the provisions of 10 CFR in the proceeding on the petitioner’s Name and committee code: United States Part 72, the term of the license for the interest. The petition should also Antarctic Program Blue Ribbon Panel ISFSI would be twenty (20) years. The identify the specific aspect(s) of the (#1531). NRC has previously granted the subject matter of the proceeding as to Date and time: October 11–12, 1996, 8 applicant a license to store up to forty which petitioner wishes to intervene. a.m.–9 p.m. eight (48) casks on-site at the Prairie Any person who has filed a petition for Place: Room 1235, NSF. Island Power Plant located in Welch, leave to intervene or who has been Type of meeting: Open. MN. However, a Minnesota law requires admitted as a party may amend a Contact person: Guy G. Guthridge, Office that NSP develop an off-site facility. petition, without requesting leave of the of Polar Programs, Room 755, National Prior to issuance of the requested Board, up to 15 days prior to the Science Foundation, 4201 Wilson Boulevard, license, the NRC will have made the holding of the first pre-hearing Arlington, Virginia 22230. Telephone: (703) findings required by the Atomic Energy conference scheduled in the proceeding, 306–1031. Act of 1954, as amended (the Act), and but such an amended petition must Minutes: May be obtained from the contact the NRC’s rules and regulations. The satisfy the specificity requirements person listed above. issuance of the materials license will described above. Purpose of meeting: Examine a full range not be approved until the NRC has Not later than fifteen (15) days prior of infrastructure, management, and scientific reviewed the application and has to the first pre-hearing conference options for the United States Antarctic concluded that approval of the license scheduled in the proceeding, a Program so that the Foundation will be able will not be inimical to the common petitioner shall file a supplement to the to maintain the high quality of the research defense and security and will not petition to intervene which must and implement U.S. policy in Antarctica constitute an unreasonable risk to include a list of contentions which are under realistic budget scenarios. public health and safety. The NRC, in sought to be litigated in the matter. Each Agenda: The committee will receive accordance with 10 CFR Part contention must consist of a specific presentations from Antarctic experts and will 51.20(b)(9), will complete an statement of the issue of law or fact to discuss options in the areas of research, environmental impact statement. This be raised or controverted. In addition, research support, contractor tasking, military action will be the subject of a the petitioner shall provide a brief transition, cost-saving initiatives, health and subsequent notice in the Federal explanation of the bases of the safety context, environment and waste Register. Pursuant to 10 CFR 2.105, by contention and a concise statement of management, South Pole redevelopment, October 17, 1996, the applicant may file the alleged facts or expert opinion international aspects, science users’ a request for a hearing; and any person which support the contention and on perspectives, and interagency involvement. whose interest may be affected by this which the petitioner intends to rely in Dated: September 11, 1996. proceeding and who wishes to proving the contention at the hearing. M. Rebecca Winkler, participate as a party in the proceeding The petitioner must also provide must file a written request for a hearing references to those specific sources and Committee Management Officer. and a petition for leave to intervene documents of which the petitioner is [FR Doc. 96–23800 Filed 9–16–96; 8:45 am] with respect to the subject materials aware and on which the petitioner BILLING CODE 7555±01±M license in accordance with the intends to rely to establish those facts or provisions of 10 CFR 2.714. If a request expert opinion. Petitioner must provide for hearing or petition for leave to sufficient information to show that a intervene is filed by the above date, an genuine dispute exists with the Atomic Safety and Licensing Board applicant on a material issue of law or designated by the Commission or by the fact. Contentions shall be limited to Chairman of the Atomic Safety and matters within the scope of the action 48990 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices under consideration. The contention Mall, Minneapolis, MN 55401. The and Computers and on Electrical Power must be one which, if proven, would Commission’s license and safety Systems is scheduled to hold a joint entitle the petitioner to relief. A evaluation report, when issued, may be meeting on October 8, 1996, Room T- petitioner who fails to file such a inspected at the above locations. 2B3, 11545 Rockville Pike, Rockville, supplement which satisfied these Dated at Rockville, Maryland, this 9th day Maryland. requirements with respect to at least one of September 1996. The meeting will be open to public contention will not be permitted to For the U.S. Nuclear Regulatory attendance. participate as a party. Commission. The agenda for the subject meeting Those permitted to intervene become William D. Travers, shall be as follows: Tuesday, October 8, parties to the proceeding, subject to any 1996—8:30 a.m. until the conclusion of limitations in the order granting leave to Director, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. business. intervene, and have the opportunity to [FR Doc. 96–23757 Filed 9–16–96; 8:45 am] The Subcommittees will continue participate fully in the conduct of the their review of the proposed Standard BILLING CODE 7590±01±P hearing. Review Plan Sections, Regulatory A request for a hearing or a petition Guides, and Branch Technical Positions for leave to intervene must be filed with related to digital instrumentation and the Secretary of the Commission, U.S. Advisory Committee on Nuclear Waste; Revised Notice control systems. The Subcommittees Nuclear Regulatory Commission, will also review the status of NRC Washington, DC 20555, Attention: The 86th meeting of the Advisory programs to address equipment Docketing and Services Branch, or may Committee on Nuclear Waste (ACNW) vulnerabilities to lightning and other be delivered to the Commission’s Public scheduled for September 26 and 27, transients. The purpose of this meeting Document Room, Gelman Building, 1996, at the Hotel San Remo, 115 East is to gather information, analyze 2120 L Street, NW, Washington, DC, by Tropicana Avenue, Las Vegas, Nevada, relevant issues and facts, and to the above date. Where petitions are filed in Chateau 1 and Chateau 2 is being formulate proposed positions and during the last ten (10) days of the extended to include a session on actions, as appropriate, for deliberation notice period, it is requested that the Tuesday, September 24, 1996, in the by the full Committee. petitioner promptly so inform the NRC Conference Center. All other items Oral statements may be presented by by a toll-free telephone call to Western pertaining to September 26 and 27, members of the public with the Union at 1–(800) 248–5100 (in Missouri 1996, remain the same as published in concurrence of the Subcommittee 1–(800) 342–6700). The Western Union the Federal Register on Thursday, Chairman; written statements will be operator should be given Datagram September 5, 1996 (61 FR 46832). Identification Number N1023 and the accepted and made available to the The agenda for this session shall be as Committee. Electronic recordings will following message addressed to Dr. follows: William D. Travers, Director, Spent Fuel be permitted only during those portions Tuesday, September 24, 1996—8:30 Project Office, Office of Nuclear of the meeting that are open to the a.m. until 6:00 p.m. Material Safety and Safeguards; public, and questions may be asked only petitioner’s name and telephone The ACNW will conduct a planning by members of the Subcommittees, their number; date petition was mailed; plant session and will not formulate advice consultants, and staff. Persons desiring name; and publication date and page for the Commission during this session. to make oral statements should notify number of this Federal Register notice. The conduct of Committee activities, the cognizant ACRS staff engineer A copy of the petition should also be procedures and operations, as well as named below five days prior to the sent to the Office of the General future priorities, will be discussed. meeting, if possible, so that appropriate Counsel, U.S. Nuclear Regulatory For further information contact: Mr. arrangements can be made. Commission, Washington, DC 20555, Richard K. Major, Chief, Nuclear Waste During the initial portion of the and to Mr. Gary Johnson, Esq., Vice Branch (telephone 301/415–7366), meeting, the Subcommittees, along with President, General Counsel, and between 8:00 A.M. and 5:00 P.M. EDT. any of their consultants who may be Corporate Secretary, Northern States ACNW meeting notices, meeting present, may exchange preliminary Power Company, 414 Nicollet Mall, transcripts, and letter reports are now views regarding matters to be Minneapolis, MN 55401. available on FedWorld from the ‘‘NRC considered during the balance of the Non-timely filings of petitions for MAIN MENU.’’ Direct Dial Access meeting. leave to intervene, amended petitions, number to FedWorld is (800) 303–9672; The Subcommittees will then hear supplemental petitions, and/or requests the local direct dial number is 703–321– presentations by and hold discussions for hearing will not be entertained 3339. with representatives of the NRC staff, its absent a determination by the Dated: September 11, 1996. consultants, and other interested Commission, the presiding Officer, or Andrew L. Bates, persons regarding this review. the presiding Atomic Safety and Advisory Committee Management Officer. Further information regarding topics to be discussed, whether the meeting Licensing Board that the petition and/or [FR Doc. 96–23761 Filed 9-16–96; 8:45 am] request should be granted based upon a has been cancelled or rescheduled, the balancing of the factors specified in 10 BILLING CODE 7590±01±P Chairman’s ruling on requests for the CFR 2.714(a)(1)(i)–(v) and 2.714(d). opportunity to present oral statements For further details with respect to this Advisory Committee on Reactor and the time allotted therefor can be action, see the application dated August Safeguards; Joint Meeting of the ACRS obtained by contacting the cognizant 7, 1996, which is available for public Subcommittees on Instrumentation ACRS staff engineer, Mr. Michael T. inspection at the Commission’s Public and Control Systems and Computers Markley (telephone 301/415-6885) Document Room, 2120 L Street, NW, and on Electrical Power Systems; between 7:30 a.m. and 4:15 p.m. (EDT). Washington, DC 20555, and at the local Notice of Meeting Persons planning to attend this meeting public document room at the are urged to contact the above named Minneapolis Public Library, Technology The ACRS Subcommittees on individual one or two working days and Science Department, 300 Nicollet Instrumentation and Control Systems prior to the meeting to be advised of any Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48991 potential changes to the agenda, etc., to be added to it, please contact the issued unless the Commission orders a that may have occurred. Office of the Secretary, Attn: Operations hearing. Interested persons may request Dated: September 11, 1996. Branch, Washington, D.C. 20555 (301)– a hearing on this application by writing Sam Duraiswamy, 415–1661). to the Secretary of the SEC and serving In addition, distribution of this Applicants with a copy of the request, Chief, Nuclear Reactors Branch. meeting notice over the internet system personally or by mail. Hearing requests [FR Doc. 96–23762 Filed 9–16–96; 8:45 am] is available. If you are interested in must be received by the Commission by BILLING CODE 7590-01±P receiving this Commission meeting 5:30 p.m. on October 7, 1996 and schedule electronically, please send an accompanied by proof of service on the electronic message to [email protected] or Sunshine Act Meeting Applicants in the form of an affidavit or, [email protected]. for lawyers, a certificate of service. AGENCY HOLDING THE MEETING: Nuclear * * * * * Hearing requests should state the nature Regulatory Commission. Dated: September 12, 1996. of the writer’s interest, the reason for the DATE: Weeks of September 16, 23, 30 William M. Hill, Jr., request and the issues contested. and October 7, 1996. SECY Tracking Officer, Office of the Persons may request notification of the PLACE: Commissioners’ Conference Secretary. date of a hearing by writing to the Room, 11555 Rockville Pike, Rockville, [FR Doc. 96–23907 Filed 9–13–96; 12:01 pm] Secretary of the SEC. Maryland. BILLING CODE 7590±01±M ADDRESSES: Secretary, SEC, 450 Fifth STATUS: Public and Closed. Street, N.W., Washington, D.C. 20549. Applicants, John Hancock Declaration MATTERS TO BE CONSIDERED: SECURITIES AND EXCHANGE Trust, c/o Anne C. Hodsdon, President, Week of September 16 COMMISSION 101 Huntington Avenue, Boston, There are no meetings scheduled for the [Rel. No. IC±22212; File No. 812±10088] Massachusetts, 02199. week of September 16. John Hancock Declaration Trust, et al.; FOR FURTHER INFORMATION CONTACT: Week of September 23—Tentative Exemption Application Martha H. Platt, Senior Attorney, or Patrice Pitts, Special Counsel, Office of There are no meetings scheduled for the September 10, 1996. Insurance Products, Division of week of September 23. AGENCY: Securities and Exchange Investment Management, at (202) 942– Commission (the ‘‘SEC’’ or the Week of September 30—Tentative 0670. ‘‘Commission’’). Thursday, October 3 ACTION: Notice of Application for SUPPLEMENTARY INFORMATION: Following 1:00 p.m. Exemption under the Investment is a summary of the application; the Affirmation Session (Public Meeting) (if Company Act of 1940 (the ‘‘1940 Act’’). complete application is available for a needed) fee from the Public Reference Branch of Week of October 7—Tentative APPLICANTS: John Hancock Declaration the SEC. Trust (the ‘‘Trust’’) and John Hancock Applicants’ Representations Monday, October 7 Advisers, Inc. (the ‘‘Adviser’’). 2:00 p.m. 1. The Trust is a Massachusetts RELEVANT 1940 ACT SECTIONS: Order business trust registered under the 1940 Briefing on Site Decommissioning requested under Section 6(c) of the 1940 Management Plan (SDMP) (Public Act as an open-end diversified Meeting) (Contact: Mike Webber, 301– Act from the provisions of Sections 9(a), management investment company. The 415–7297) 13(a), 15(a) and 15(b) of the 1940 Act Trust’s registration statement on Form and Rules 6e–2(b)(15) and 6e– Wednesday, October 9 N–1A was declared effective on August 3(T)(b)(15) thereunder. 12, 1996. The Trust currently is 11:30 a.m. SUMMARY OF APPLICATION: Applicants composed of ten separate portfolios: Affirmation Session (Public Meeting) (if seek an order to the extent necessary to needed) John Hancock V.A. International Fund; permit shares of any current or future John Hancock V.A. Emerging Growth The Schedule for Commission meetings is series of the Trust and shares of any subject to change on short notice. To verify Fund; John Hancock V.A. Discovery the status of meetings call (recording)—(301) other investment company that is Fund; John Hancock V.A. Diversified 415–1292. Contact person for more designed to fund variable insurance Core Equity Fund; John Hancock V.A. information: Bill Hill (301) 415–1661. products and for which the Adviser, or Sovereign Investors Fund; John Hancock any of its affiliates, may serve as ADDITIONAL INFORMATION: V.A. 500 Index Fund; John Hancock investment advisor, administrator, V.A. Sovereign Bond Fund; John By a vote of 4–0 on September 9, the manager, principal underwriter or Hancock V.A. Strategic Income Fund; Commission determined pursuant to sponsor (collectively, with the Trust, the John Hancock V.A. Global Income Fund; U.S.C. 552b(e) and 10 CFR Sec. 9.107(a) ‘‘Funds’’) to be sold to and held by: (a) and John Hancock V.A. Money Market of the Commission’s rules that variable annuity and variable life Fund. Additional portfolios may be ‘‘Discussion of Management and insurance separate accounts of both added in the future. Personnel Issues’’ (Closed—Ex. 2 and 6) affiliated and unaffiliated life insurance 2. The Adviser is registered with the be held on September 9, and on less companies (the ‘‘Participating Insurance SEC under the Investment Advisers Act than one week’s notice to the public. Companies’’); and (b) certain qualified of 1940, and will be the investment * * * * * pension and retirement plans outside of manager for each of the Trust’s The NRC Commission Meeting the separate account context (the portfolios. The Adviser is an indirectly Schedule can be found on the Internet ‘‘Eligible Plans’’). wholly-owned subsidiary of the John at: FILING DATE: The application was filed Hancock Mutual Life Insurance http://www.nrc.gov/SECY/smj/schedule.htm on April 17, 1996, and amended on Company. The Adviser has engaged This notice is distributed by mail to August 29, 1996. other registered investment advisers several hundred subscribers: if you no HEARING OR NOTIFICATION OF HEARING: An (‘‘Sub-Advisers’’) to conduct the longer wish to receive it, or would like order granting the application will be investment programs of certain Trust 48992 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices portfolios and has entered into premium variable life insurance to Eligible Plans because the separate investment sub-advisory agreements separate account of the same company accounts investing in the Funds are with each Sub-Adviser. or any affiliated insurance company. themselves investment companies 3. The Trust intends to offer its shares The use of a common management seeking relief and do not wish to be to separate accounts (‘‘Separate investment company as the underlying denied such relief if the Funds sell Accounts’’), of both affiliated and investment medium for both variable shares to Eligible Plans. unaffiliated insurance companies, annuity and variable life insurance 5. Rules 6e–2(B)(15)(i) and 6e– supporting variable annuity and separate accounts is referred to herein as 3(T)(b)(15)(i) provide, in effect, that the variable life insurance contracts. ‘‘mixed funding.’’ In addition, the relief eligibility restrictions of Section 9(a) do Insurance companies whose separate granted by Rule 6e–2(b)(15) is not not apply to an officer, director, or accounts will own shares of one or more available if shares of the underlying employee of an insurance company or portfolios of the Funds are referred to management company are offered to any of its affiliates, who does not herein as ‘‘Participating Insurance variable annuity or variable life participate directly in the management Companies.’’ Each Participating insurance separate accounts of or administration of the underlying Insurance Company will have the legal unaffiliated life insurance companies. fund. Rules 6e–2(b)(15)(ii) and 6e– obligation of satisfying all requirements The use of a common management 3(T)(b)(15)(ii) provide, in effect, that the applicable to it under the federal investment company as the underlying fact that any individual disqualified securities laws in connection with any investment medium for separate under Section 9(a) (1) or (2) is affiliated variable contract which it issues. accounts of unaffiliated insurance with the insurance company would not, 4. The Trust also intends to offer one companies is referred to herein as by virtue of Section 9(a)(3), disqualify or more portfolios of its shares directly ‘‘shared funding.’’ the insurance company from serving in to Eligible Plans. The Funds’ shares sold 3. In connection with flexible any capacity with respect to an to Eligible Plans which are subject to the premium variable life insurance underlying fund, provided that the Employee Retirement Income Security contracts issued through a separate disqualified individual did not Act of 1984, as amended, may be held account registered under the 1940 Act participate directly in the management by the trustee(s) of the Eligible Plans. as a unit investment trust, Rule 6e– or administration of the fund. 5. The Adviser has no plans to offer 3(T)(b)(15) provides partial exemptions 6. The partial relief granted in Rules investment advisory services to Eligible from Section 9(a), and from Sections 6e–2(b)(15) and 6e–3(T)(b)(15) from the Plans or Eligible Plan participants 13(a), 15(a), and 15(b) of the 1940 Act (‘‘Participants’’), and will not act as to the extent that those sections have requirements of Section 9 limits the investment adviser to any of the Eligible been deemed by the Commission to amount of monitoring necessary to Plans that will purchase shares of the require ‘‘pass-through’’ voting with ensure compliance with Section 9 to Trust. respect to an underlying Fund’s shares. that which is appropriate in light of that Section’s policy and purposes. Applicants’ Legal Analysis The exemptions granted by Rule 6e– 3(T)(b)(15) are available only where all Applicants state that those Rules 1. In connection with scheduled of the assets of the separate account recognize that it is not necessary for the premium variable life insurance consist of the shares of one or more protection of investors or the purposes contracts invested in a separate account registered management investment fairly intended by the policy and registered under the 1940 Act as a Unit companies which offer their shares provisions of the 1940 Act to apply the investment trust, Rule 6e–2(b)(15) exclusively to separate accounts of the provisions of Section 9(a) to individuals provides partial exemptions from life insurer, or any affiliated life in a large insurance company complex, Sections 9(a), 13(a), 15(a), and 14(b) of insurance company offering either most of whom will have no involvement the 1940 Act. Rule 6e–2(b)(15), scheduled premium variable life in matters pertaining to investment paragraphs (i) and (ii) provide partial insurance contracts or flexible premium companies managed, administered, or conditional exemptions from Section variable life insurance contracts, or invested in by that organization. Those 9(a) of the 1940 Act, and Rule 6e– both; or which also offer their shares to individuals who participate in the 2(b)(15)(iii) provides a partial variable annuity separate accounts of management or administration of the exemption from Sections 13(a), 15(a), the life insurer or of an affiliated life Funds will remain the same regardless and 15(b) of the 1940 Act to the extent insurance company. Therefore, Rule 6e– of which separate accounts or insurance those sections have been deemed by the 3(T)(b)(15) permits mixed funding for companies use the Funds. Accordingly, Commission to require ‘‘pass-through’’ flexible premium variable life Applicants state that applying the voting with respect to an underlying insurance. However, Rule 6e–3(T) does requirements of Section 9(a) because of fund’s shares. not permit shared funding, because the investment by other insurers’ separate 2. The exemptions granted by Rule relief granted by Rule 6e–3(T)(b)(15) is accounts would be unjustified and 6e–2(b)(15) are available only where all not available with respect to a flexible would not serve any regulatory purpose. of the assets of the separate account premium variable life insurance Therefore, Applicants submit that it is consist of the shares of one or more separate account that owns shares of a unnecessary to apply section 9(a) to registered management investment management company that also offers individuals in various unaffiliated companies which offer their shares its shares to separate accounts insurance companies (or affiliated ‘‘exclusively to variable life insurance (including flexible premium variable companies of Participating Insurance separate accounts of the life insurer, or life insurance separate accounts) of Companies) that may utilize a Fund as of any affiliated life insurance unaffiliated life insurance companies. the funding medium for variable company.’’ Therefore, the relief granted 4. Applicants state that the relief contracts. Additionally, Applicants state by Rule 6e–2(b)(15) is not available with granted by the existing Rules 6e– that for the same reasons as set forth respect to a scheduled premium variable 2(b)(15) and 6e–3(T)(b)(15) is not above with respect to investments by life insurance separate account that affected by the purchase of shares of the separate accounts, there is no regulatory owns shares of a management company Funds by an Eligible Plan. Applicants purpose to be served in extending the that also offers its shares to a variable also state that exemptive relief is monitoring requirements because of annuity separate account or a flexible requested with respect to sale of shares investment in the Funds by Plans. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48993

7. Rules 6e–2(b)(15)(iii) and 6e– variable life insurance contracts, will Accounts are required to follow the 3(T)(b)(15)(iii) assume the existence of a lead to different investment policies for pass-through voting procedure. The pass-through voting requirement with different types of variable contracts. To voting rights provided to Eligible Plans respect to management investment the extent that the degree of risk may with respect to shares of the Fund company shares held by a separate differ as between variable annuity would be no different from the voting account. Pass-through voting privileges contracts and variable life insurance rights that are provided to Eligible Plans will be provided with respect to all contracts, the differing insurance with respect to shares of mutual funds contract owners so long as the charges imposed, in effect, adjust any sold to the general public. Commission interprets the 1940 Act to such differences and equalize the 13. Applicants submit that there are require pass-through voting privileges insurers’ exposure in either case. No one no conflicts between contract owners of for contract owners. investment strategy can be identified as Separate Accounts and Participants 8. Rules 6e–2(b)(15)(iii) and 6e– appropriate to a particular insurance with respect to the state insurance 3(T)(b)(15)(iii) provide exemptions from product. Each pool of variable annuity commissioners’ veto powers over the pass-through voting requirement contract owners and variable life investment objectives. The state with respect to several significant insurance contract owners is composed insurance commissioners have been matters, assuming the limitations on of individuals of diverse financial given the veto power in recognition of mixed and shared funding are observed. status, age, and insurance and the fact that insurance companies Rules 6e–2(b)(15)(iii)(A) and 6e– investment goals. A fund supporting usually cannot simply redeem their 3(T)(b)(15)(iii)(A)(1) provide that the even one type of insurance product separate accounts out of one fund and insurance company may disregard the must accommodate those factors in invest in another. Generally, time- voting instructions of its contract order to attract and retain purchasers. consuming, complex transactions must owners with respect to the investments 11. Applicants note that while there be undertaken to accomplish such of an underlying fund or any contract are differences in the manner in which redemptions and transfers. Conversely, between a fund and its investment distributions from variable contracts the trustees of Eligible Plans or adviser, when required to do so by an and Eligible Plans are taxed, these Participants in participant-directed insurance regulatory authority (subject differences will have no impact on the Eligible Plans can make the decision to the provisions of paragraphs (b)(5)(i) Funds and therefore the tax quickly and implement the redemption and (b)(7)(ii)(A) of the Rules). Rules 6e– consequences do not raise any conflicts of their shares from the Funds and 2(b)(15)(iii)(B) and 6e– of interest. When distributions are to be reinvest in another funding vehicle 3(T)(b)(15)(iii)(A)(2) provide that the made, and a Separate Account or without the same regulatory insurance company may disregard the Eligible Plan is unable to net purchase impediments or, or is the case with most voting instructions of contract owners in payments to make the distributions, the Eligible Plans, even hold cash pending favor of any change in such company’s Separate Account and Eligible Plan will suitable investment. Based on the investment policies, principal redeem shares of the Funds in the same foregoing, Applicants have concluded underwriter, or any investment adviser manner and using the same procedures that even if there should arise issues (subject to the other provisions of as each other. Each will redeem shares where the interests of contract owners paragraphs (b)(5)(ii) and (b)(7)(ii) (B) of the Funds at their net asset value in and the interests of Eligible Plans are in and (C) of the Rules). conformity with Rule 22c–1 under the conflict, the issues can be almost 9. The prohibitions on mixed and 1940 Act (without the imposition of any immediately resolved in that the shared funding might reflect concerns sales charge) to provide proceeds to trustees of the Eligible Plans can, on regarding possible divergent interests meet distribution needs. An Eligible their own, redeem the shares out of the between or among different classes of Plan will make distributions in Funds. investors. However, Applicants state accordance with the terms of the 14. Applicants submit that there is no that the possibility of divergent interest Eligible Plan. A Participating Insurance greater potential for material should not be increased substantially by Company will make distributions in irreconcilable conflicts arising between virtue of mixed and shared funding or accordance with the terms of the the interests of Participants and contract investment by Eligible Plans, and variable contract. Distributions and owners of Separate Accounts from further that compliance with the dividends will be declared and paid by possible future changes in the federal conditions set forth below will the Funds without regard to the tax laws than that which already exists minimize the risk that a divergence of character of the shareholder. Based between variable annuity contract interests will result in any adverse upon the foregoing, Applicants have owners and variable life insurance impact upon investors. concluded that the tax consequences of contract owners. 10. Applicants submit that there is no distributions from variable contracts 15. Applicants state that the ability of reason why the investment policies of and Eligible Plans do not raise any the Funds to sell their shares directly to any portfolio of the Funds would or conflicts of interest with respect to the Eligible Plans does not create a ‘‘senior should be materially different from what use of the Funds. security,’’ as such term is defined under it would or should be if it funded only 12. In connection with any meeting of Section 18(g) of the 1940 Act, with annuity contracts or only scheduled or shareholders, the Funds will inform respect to any contract owner as flexible premium life insurance each shareholder, including each opposed to a Participant. ‘‘Senior contracts. Each type of insurance Separate Account and Eligible Plan, of security’’ is defined under Section 18(g) product is designed as a long-term information necessary for the meeting. of the 1940 Act to include ‘‘any stock of investment program. The Funds’ A Participating Insurance Company will a class having priority over any other portfolio swill not be managed to favor then solicit voting instructions class as to distribution of assets or or disfavor any particular Participating consistent with the ‘‘pass-through’’ payment of dividends.’’ As noted above, Insurance Company or type of insurance voting requirement. Separate Accounts regardless of the rights and benefits of product. There is no reason to believe and Eligible Plans will each have the Participants or contract owners under that different features of various types of opportunity to exercise voting rights variable annuity and variable life contracts, including the ‘‘minimum with respect to their shares in the insurance contracts, the Eligible Plans death benefit’’ guarantee under certain Funds, although only the Separate and the variable annuity separate 48994 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices accounts and variable life insurance condition is not met by reason of the such information and conflicts and to separate accounts only have rights with death, disqualification, or bona fide assist the Board will be a contractual respect to their respective shares of the resignation of any trustee(s) or obligation of all Participating Insurance Funds. They can only redeem such director(s), then the operation of this Companies and Participating Eligible shares at their net asset value. No condition will be suspended: (a) for a Plans investing in the Funds under their shareholder of the Funds has any period of 45 days if the vacancy or agreements governing participation in preference over any other shareholder vacancies may be filled by the Board; (b) each Fund, and such agreements will with respect to distribution of assets or for a period of 60 days if a vote of provide that these responsibilities will payment of dividends. shareholders is required to fill the be carried out with a view only to the 16. Applicants state that various vacancy or vacancies; or (c) for such interests of contract owners and factors have kept more insurance longer period as the Commission may Participants, as applicable. companies from offering variable prescribe by order upon application. 4. If it is determined by a majority of annuity contracts and variable life 2. The Boards will monitor their the Board, or a majority of its insurance contracts than currently offer respective Funds for the existence of disinterested directors, that a material such contracts. These factors include any material irreconcilable conflict irreconcible conflict exists with respect the costs of organizing and operating a among the interests of contract owners to a portfolio of a Fund, the relevant funding medium, the lack of expertise of all Separate Accounts and the Participating Insurance Companies and with respect to investment management interests of Participants under Eligible Participating Eligible Plans will, at their (principally with respect to stock and Plans investing in the respective Funds. expense and to the extent reasonably money market investments), and the An irreconcilable material conflict may practicable (as determined by a majority lack of name recognition by the public arise for a variety of reasons, including: of the disinterested directors, of that as investment experts to whom the (a) an action by any state insurance Fund), take whatever steps are public feels comfortable entrusting their regulatory authority; (b) a change in necessary to remedy or eliminate the investment dollars. For example, some applicable federal or state insurance, irreconcilable material conflict, up to smaller life insurance companies may tax, or securities laws or regulations, or and including: (a) withdrawing the not find it economically feasible, or a public ruling, private letter ruling, no- assets allocable to some or all of the within their investment or action or interpretative letter, or any Separate Accounts from that Fund or administrative expertise, to enter the similar action by insurance, tax, or any portfolio thereof and reinvesting variable contract business on their own. securities regulatory authorities; (c) an Use of a Fund as a common investment administrative or judicial decision in such assets in a different investment medium for variable contracts would any relevant proceeding; (d) the manner medium, which may include another reduce or eliminate these concerns. in which the investment of any portfolio portfolio of that Fund, or submitting the 17. Mixed and shared funding, as well of the Funds are being managed; (e) a question whether such segregation as investment in the Funds by Eligible difference in voting instructions given should be implemented to a vote of all Plans, should provide several benefits to by variable annuity contract owners and affected contract owners and, as contract owners. The Separate Accounts variable life insurance contract owners; appropriate, segregating the assets of of Participating Insurance Companies (f) a decision by a Participating any appropriate group (i.e., variable will benefit only from the investment Insurance Company to disregard the annuity contract owners, variable life and administrative expertise available voting instructions of contract owners; insurance contract owners, or contract through the Funds, but also from the and (g) if applicable, a decision by a owners of one or more Participating cost efficiencies and investment Participating Eligible Plan (as defined Insurance Companies) that votes in flexibility afforded by a larger pool of below) to disregard the voting favor of such segregation or offering to funds. It would permit a greater amount instructions of Participants. the affected contract owners the option of assets available for investment, 3. The Adviser (or any other of making such a change; and (b) thereby promoting economies of scale, investment adviser of a Fund), any establishing a new registered permitting greater diversification, and Participating Insurance Company, and management investment company. If a making the addition of new portfolios any Eligible Plan that executes a Fund material irreconcilable conflict arises more feasible. Additionally, making the participation agreement upon becoming because of a Participating Insurance Funds available for mixed and shared an owner of ten percent (10%) or more Company’s decision to disregard funding will encourage more insurance of the assets of the Fund (referred to contract owner voting instructions and companies to offer variable contracts, an herein as a ‘‘Participating Eligible that decision represents a minority this should result in increased Plan’’), will report any potential or position or would preclude a majority competition with respect to both various existing conflicts to the Board. The vote, the Participating Insurance contract design and pricing, which can Adviser, Participating Insurance Company may be required, at the Fund’s be expected to result in more product Companies, and Participating Eligible election, to withdraw its Separate variation and lower charges. Plans will assist the Board in carrying Account’s investment in that Fund (or out its responsibilities under these any portfolio thereof, and no charge or Applicants’ Conditions conditions by providing the Board with penalty will be imposed as a result of If the requested Order is granted, all information reasonably necessary for such withdrawal. If a material Applicants consent to the following the Board to consider any issues raised. irreconcilable conflict arises because of conditions: This includes, but is not limited to, an a Participating Eligible Plan’s decision 1. A majority of the Board of Trustees obligation by each Participating to disregard Participant voting or Directors of each Fund (each, a Insurance Company to inform the Board instructions and that decision ‘‘Board’’) will consist of persons ho are whenever contract owner voting represents a minority position or would not ‘‘interested persons’’ of that Fund, instructions are disregarded and an preclude a majority vote, the as defined by Section 2(a)(19) of the obligation by each Participating Eligible Participating Eligible Plan may be 1940 Act and the rules thereunder and Plan to inform the Board whenever required, at the Fund’s election, to as modified by any applicable orders of Participant voting instructions are withdraw its investment in that Fund the Commission, except that if this disregarded. The responsibility to report (or any portfolio thereof), and no charge Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48995 or penalty will be imposed as a result the same proportion as those shares for conditions materially different from any of such withdrawal. To the extent which voting instructions are timely exemptions granted in the order permitted by applicable law, the received. Participating Insurance requested in this Application, then the responsibility to take remedial action in Companies will be responsible for Funds and/or Participating Insurance the event of a Board determination of an assuring that each of their Separate Companies, as appropriate, will take irreconcilable material conflict and to Accounts investing in a Fund calculates such steps as may be necessary to bear the cost of such remedial action voting privileges in a manner consistent comply with Rules 6e–2 and 6e–3(T), as will be a contractual obligation of all with the Separate Accounts of other amended, and Rule 6e–3, as adopted, to Participating Insurance Companies and Participating Insurance Companies the extent applicable. Participating Eligible Plans under their investing in that Fund. The obligation to agreements governing participation in calculate voting privileges in a manner 11. The Adviser, and the Participating the Funds, and these responsibilities consistent with all other Separate Insurance Companies and Participating will be carried out with a view only to Accounts investing in a Fund will be a Eligible Plans will at least annually the interests of contract owners and contractual obligation of all submit to the Board such reports, Participants, as applicable. Participating Insurance Companies materials, or data as the Board may 5. For purposes of Condition 4, a under their agreements governing reasonably request so that the Board majority of the disinterested members of participation in that Fund. Each may fully carry out the obligations the Board will determine whether any Participating Eligible Plan will vote as imposed upon it by the conditions proposed action adequately remedies required by applicable law and contained in this Application, and said any irreconcilable material conflict, but governing Eligible Plan documents. reports, materials, and data will be in no event will a Fund or the Adviser 8. Each Fund will comply with all submitted more frequently if deemed (or any other investment adviser of a provisions of the 1940 Act requiring appropriate by the Board. The Fund) be required to establish a new voting by shareholders (which, for these obligations of the Participating funding medium for any variable purposes, will be the persons having a Insurance Companies and Participating contract. No Participating Insurance voting interest in shares of the Fund), Eligible Plans to provide these reports, Company will be required by this and, in particular, each Fund will either materials, and data to the Board, when Condition 4 to establish a new funding provide for annual meetings (except it so reasonably requests, will be a medium for any variable contract if an insofar as the Commission may interpret contractual obligation of all offer to do so has been declined by vote Section 16 of the 1940 Act not to require Participating Insurance Companies and of a majority of contract owners such meetings), or comply with Section Participating Eligible Plans under their materially and adversely affected by the 16(c) of the 1940 Act (although the Fund agreements governing their participation irreconcilable material conflict. No is not one of the trusts described in in the Funds. Participating Eligible Plan will be Section 16(c)) as well as with Section required by Condition 4 to establish a 16(a) of the 1940 Act and, if applicable, 12. All reports received by the Board new funding medium for such Eligible 16(b) of the 1940 Act. Further, each of potential or existing conflicts, and all Plan if (a) an offer to do so has been Fund will act in accordance with the Board action with regard to determining declined by vote of a majority of Commission’s interpretation of the the existence of a conflict, notifying the Participants materially and adversely requirements of Section 16(a) with Adviser and Participating Insurance affected by the irreconcilable material respect to periodic elections of directors Companies and Participating Eligible conflict or (b) pursuant to governing and with whatever rules the Plans of a conflict, and determining Eligible Plan documents and applicable Commission may promulgate with whether any proposed action adequately law, the Participating Eligible Plan may respect thereto. remedies a conflict, will be properly make such decision without Participant 9. Each Fund will disclose in its recorded in the minutes of the Board or vote. prospectus that: (a) the Fund is intended other appropriate records, and such 6. The Board’s determination of the to be a funding vehicle for all types of minutes or other records will be made existence of an irreconcilable material variable annuity contracts and variable available to the Commission upon conflict and its implications will be life insurance contracts offered by request. made known promptly in writing to the various Participating Insurance 13. If an Eligible Plan should become Advisor and to all Participating Companies and for Eligible Plans; (b) an owner of ten percent (10%) or more Insurance Companies and all material irreconcilable conflicts may of the assets of a Fund, such Eligible Participating Eligible Plans. possibly arise among various contract Plan will execute a participation 7. Participating Insurance Companies owners and Participants; and (c) the agreement with that Fund including the will pass through the voting privileges Board will monitor events in order to conditions set forth herein to the extent of Fund shares to all contract owners so identify the existence of any material applicable. An Eligible Plan will long as the Commission continues to irreconcilable conflict and determine execute an application containing an interpret the 1940 Act as requiring pass- what action, if any, should be taken in acknowledgment of this condition at the through voting privileges for contract response to such conflict. Each Fund time of its initial purchase of shares of owners. Accordingly, Participating will notify all Participating Insurance the Funds. Insurance Companies will vote shares of Companies that Separate Account the Funds held in their Separate prospectus disclosure regarding Conclusion Accounts in a manner consistent with potential risks of mixed and shared voting instructions timely received from funding may be appropriate. For the reasons set forth above, contract owners. Each Participating 10. If and to the extent that Rule 6e– Applicants represent that the Insurance Company will vote Fund 2 or 6e–3(T) under the 1940 Act are exemptions requested are necessary and shares held in its Separate Accounts for amended, or Rule 6e–3 is adopted, to appropriate in the public interest and which voting instructions from contract provide exemptive relief from any consistent with the protection of owners are not timely received, as well provision of the 1940 Act or the rules investors and purposes fairly intended as Fund shares held in its general promulgated thereunder with respect to by the policy and provisions of the 1940 account or otherwise attributed to it, in mixed or shared funding on terms and Act. 48996 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

For the Commission, by the Division of Persons may request notification of a made in money market instruments for Investment Management, pursuant to hearing by writing to the SEC’s temporary defensive purposes and to delegated authority. Secretary. maintain liquidity. Margaret H. McFarland, ADDRESSES: Secretary, SEC, 450 Fifth 5. Each LUSA Portfolios will allocate Deputy Secretary. Street, N.W., Washington, D.C. 20549. its assets among one or more Underlying [FR Doc. 96–23702 Filed 9–16–96; 8:45 am] Applicants: 3700 First Bank Place, 601 Portfolios consistent with its investment BILLING CODE 8010±01±M Second Avenue South, Minneapolis, objective. IAI, as investment adviser to MN 55402. the LUSA Portfolios, will allocate each Portfolio’s assets among the Underlying [Investment Company Act Release No. FOR FURTHER INFORMATION CONTACT: Mercer E. Bullard, Branch Chief, at (202) Portfolios in accordance with 22211; 812±10152] quantitative and fundamental analyses 942–0564, or Elizabeth G. Osterman, of current market and economic LifeUSA Funds, Inc., et al.; Notice of Assistant Director, at (202) 942–0564 Application conditions. (Division of Investment Management, 6. IAI will not initially charge the Office of Investment Company LUSA Portfolios an advisory fee, September 10, 1996. Regulation). AGENCY: Securities and Exchange although it may do so in the future. IAI SUPPLEMENTARY INFORMATION: Commission (‘‘SEC’’). The may charge the LUSA Portfolios for all following is a summary of the ACTION: Notice of application for other services relating to the operation application. The complete application of the LUSA Portfolios. In addition, exemption under the Investment may be obtained for a fee from the SEC’s Company Act of 1940 (the ‘‘Act’’). LUSA Portfolio shareholders will Public Reference Branch. indirectly pay their proportionate share APPLICANTS: LifeUSA Funds, Inc. Applicants’ Representations of Underlying Portfolio advisory fees (‘‘LUSA Fund’’), IAI Investment Funds and expenses. Further, LUSA Portfolio I, Inc., IAI Investment Funds II, Inc., IAI 1. LUSA Fund is a Minnesota shares may be subject to sales charges Investment Funds III, Inc., IAI corporation that will register as an open- including front-end and deferred sales Investment Funds IV, Inc., IAI end management investment company charges, redemption fees, service fees Investment Funds V, Inc., IAI under the Act. LUSA Fund will be and 12b–1 fees. Initially, LUSA Investment Funds VI, Inc., IAI authorized to issue its shares in more Portfolios will be subject to a front-end Investment Funds VII, Inc., IAI than one series, each of which will sales charge and distribution fees. Investment Funds VIII, Inc. (the IAI pursue a distinct set of investment 7. Applicants believe that LUSA Fund Investment Funds I through VIII objectives by investing substantially all will provide investors with a simple and collectively, ‘‘Underlying Funds’’), of its assets in shares of certain effective means of structuring a Investment Advisers Inc. (‘‘IAI’’), and portfolios of the Underlying Funds diversified mutual fund investment IAI International Limited. (‘‘Underlying Portfolios’’). LUSA Fund program suited to their general needs. will consist initially of four portfolios: RELEVANT ACT SECTION: Order requested the Aggressive Growth Portfolio, the Applicants’ Legal Analysis under section 6(c) of the Act from High Growth Portfolio, the Moderate 1. Section 12(d)(1)(A) of the Act section 12(d)(1) and under sections 6(c) Growth Portfolio, and the Conservative provides that no registered investment and 17(b) of the Act from section 17(a) Growth Portfolio (the ‘‘LUSA company may acquire securities of of the Act. Portfolios’’). another investment company if such SUMMARY OF APPLICATION: Applicants 2. IAI is a registered investment securities represent more than 3% of the request an order to permit LUSA Fund adviser under the Investment Advisers acquired company’s outstanding voting to invest substantially all of its assets in Act of 1940 (‘‘Advisers Act’’). IAI also stock, more than 5% of the acquiring the securities of certain affiliated is registered as a transfer agent under company’s total assets, or if such investment companies in excess of the the Securities Exchange Act of 1934. IAI securities, together with the securities of limits of Section 12(d)(1) of the Act. is the investment adviser and transfer any other acquired investment FILING DATE: The application was filed agent for the Underlying Funds. IAI will companies, represent more than 10% of on May 15, 1996, and amended on July serve as investment adviser and transfer the acquiring company’s total assets. 31, 1996, and August 14, 1996. agent to LUSA Fund. IAI will also serve Section 12(d)(1)(B) of the Act provides Applicants have agreed to file an as investment adviser, provide overall that no registered open-end investment amendment during the notice period, management, transfer agency, dividend company may sell its securities to the substance of which is included in disbursement and investor services to another investment company if the sale this notice. the LUSA Portfolios and the Underlying would cause the acquiring company to HEARING OR NOTIFICATION OF HEARING: An Portfolios. own more than 3% of the acquired order granting the application will be 3. IAI International is a registered company’s voting stock, or if the sale issued unless the SEC orders a hearing. investment adviser under the Advisers would cause more than 10% of the Interested persons may request a Act. IAI International is the subadviser acquired company’s voting stock to be hearing by writing to the SEC’s to the Underlying Portfolios of IAI owned by investment companies. Secretary and serving applicant with a Investment Funds III, Inc. 2. Section 6(c) provides that the SEC copy of the request, personally or by 4. Applicants propose a ‘‘fund of may exempt any person or transaction if mail. Hearing requests should be funds’’ arrangement whereby LUSA such exemption is necessary or received by the SEC by 5:30 p.m. on Fund will register for sale its shares appropriate in the public interest and October 7, 1996, and should be under the Securities Exchange Act of consistent with the protection of accompanied by proof of service on the 1933, and the LUSA Portfolios will investors and the purposes fairly applicant, in the form of an affidavit or, invest substantially all of their assets in intended by the policy and provisions of for lawyers, a certificate of service. shares of the Underlying Funds that are the Act. Applicants request an order Hearing requests should state the nature part of the same ‘‘group of investment under section 6(c) exempting them from of the writer’s interest, the reason for the companies’’ as defined in rule 11a–3 of sections 12(d)(1)(A) and (B) to the extent request, and the issues contested. the Act. In addition, investments may be necessary to permit LUSA Fund to Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48997 acquire shares of the Underlying Funds that because IAI is the investment 10. Applicants believe that relief is and to permit each Underlying Fund to adviser to the Underlying Funds and appropriate because the consideration sell shares to LUSA Fund. Applicants because LUSA Fund will only acquire paid for the sale and redemption of request that any relief granted pursuant shares of Underlying Funds, a shares of the Underlying Portfolios is to the application also apply to any redemption from one Underlying Fund fair and reasonable in that it will be future LUSA Portfolio, and any will simply lead to the investment of the based upon the net asset values of the Underlying Fund or open-end proceeds in another Underlying Fund. Underlying Portfolios, and the management investment company or 8. No LUSA Portfolio will invest in investment of assets of the LUSA series thereof that is or will be part of any Underlying Portfolio unless the Portfolios in shares of the Underlying the same ‘‘group of investment Underlying Portfolio may not acquire Portfolios will be effected in accordance companies’’ as LUSA Fund (as defined securities of any other investment with the investment restrictions and in rule 11a–3 under the Act), subject to company in excess of the limits policies of each LUSA Portfolio. the terms and conditions of the contained in section 12(d)(1)(A) of the Applicants also believe that the application. For the reasons discussed Act, except for securities received as a proposed arrangement is consistent with below, applicants believe it is dividend or as a result of a plan of the purposes of the Act. appropriate for the SEC to exercise its reorganization of any company. The authority under section 6(c) to grant the exception for securities received as a Applicants’ Conditions requested exemptions. dividend or as a result of a plan of Applicants will comply with the 3. Section 12(d)(1) was intended to reorganization is based on section following procedures as conditions to mitigate or eliminate actual or potential 12(d)(1)(D). Section 12(d)(1)(D) permits any SEC order: abuses that might arise when an an investment company to exceed the 1. LUSA Fund and each Underlying investment company acquires shares of limits contained in section 12(d)(1)(A) Portfolio will be part of the same ‘‘group another investment company, including in the event that the investment of investment companies’’ as defined in unnecessary duplication of costs (such company exceeds the limits because it rule 11a–3 of the Act. as sales loads, advisory fees and acquires investment company shares as 2. LUSA Fund will not invest in any administrative costs), undue influence a dividend, as a result of an offer of Underlying Portfolio unless the by a fund holding company over its exchange, or pursuant to a plan of Underlying Portfolio may not acquire underlying funds, the threat of large reorganization (other than a plan securities of any other investment scale redemptions of the securities of devised for the purpose of evading company in excess of the limits the underlying investment companies, section 12(d)(1)(A)). No Underlying contained in section 12(d)(1)(A) of the and unnecessary complexity. Portfolio will participate in any plan of Act, except for securities received as a 4. Applicants believe relief from reorganization devised for the purpose dividend or as a result of a plan of section 12(d)(1) is appropriate because of evading the provisions of section reorganization of any company. none of these potential or actual abuses 12(d)(1)(A). 3. At least a majority of LUSA Fund’s are present in the proposed fund of 9. Section 17(a) of the Act generally directors will not be ‘‘interested funds structure. Applicants state that, makes it unlawful for an affiliated persons’’ as defined in section 2(a)(19) with respect to advisory fees, the person of a registered investment of the Act. directors of LUSA Fund, before company to sell securities to, or 4. Any sales charge or service fees approving advisory fees, will find that purchase securities from, the company. charged with respect to shares of LUSA any advisory fees charged under an Section 17(b) of the Act authorizes the Fund, when aggregated with any sales advisory contract are based upon SEC to exempt a proposed transaction charges or service fees paid by LUSA services provided that are in addition to, from section 17(a) if evidence Fund relating to its acquisition, holding rather than duplicative of, services establishes that: (a) The terms of the or disposition of shares of the provided under any underlying proposed transaction are reasonable and Underlying Portfolio, shall not exceed portfolio advisory contract. fair and do not involve overreaching; (b) the limits set forth in rule 2830 of the 5. Applicants state that because any the proposed transaction is consistent NASD’s Conduct Rules. sales charges or service fees relating to with the policies of the registered 5. Prior to approving any advisory the shares of LUSA Fund will not investment company involved: and (c) contract under section 15 of the Act, the exceed the limits set forth in rule 2830 the proposed transaction is consistent board of directors of LUSA Fund, of the National Association of Securities with the general provisions of the Act. including a majority of the directors Dealer’s (‘‘NASD’’) Conduct Rules when Because LUSA Fund and the who are not ‘‘interested persons’’ as aggregated with any sales charges or Underlying Funds are advised by IAI, defined in section 2(a)(19) of the Act, service fees that LUSA Fund pays LUSA Fund and the Underlying Funds will find that the advisory fees charged relating to its acquisition, holding, or could be deemed to be affiliates of one under such contract, if any, are based on disposition of Underlying Fund shares, another. Accordingly, purchases by services that are in addition to, rather the proposed structure will not raise the LUSA Fund of the shares of the than duplicative of, the services sales charge layering concerns Underlying Funds, and the sale by the provided under any Underlying underlying section 12(d)(1). Underlying Funds of their shares to Portfolios advisory contract. These 6. Applicants note that, although findings and their bases will be administrative and other fees may be LUSA Fund could be deemed to be principal transactions between affiliated recorded fully in the minute books of charged at both the LUSA Fund and LUSA Fund. Underlying Portfolio levels, overall, persons under section 17(a). Accordingly, applicants request an 6. Applicants will provide the administrative and other expenses may following information in electronic be reduced at both levels under the exemption under sections 17(b) and 6(c) from the prohibitions of section 17(a).1 format to the Chief Financial Analyst of proposed arrangement. the SEC’s Division of Investment 7. Applicants also state that there is 1 Section 17(b) applies to a specific proposed little risk that IAI will exercise transaction, rather than an ongoing series of future is used, along with section 17(b), to grant relief from inappropriate control over the transactions. See Keystone Custodian Funds, 21 section 17(a) to permit an ongoing series of future Underlying Funds. Applicants believe S.E.C. 295, 298–99 (1945). Section 6(c) frequently transactions. 48998 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Management as soon as reasonably extent necessary to permit the transfer proposed transactions and associated practicable following the fiscal year-end of the securities and other instruments restructuring of the Old Account (the of each LUSA Portfolio, unless the chief (‘‘portfolio investments’’) held by the ‘‘Reorganization’’). Financial Analyst notifies applicants Old Account to the Growth Portfolio of 2. The Old Account was established that the information need no longer be the Fund in exchange for shares of the by Transamerica as a separate submitted: (a) Monthly average total Growth Portfolio of the Fund; and (2) investment account to fund three non- assets for each LUSA Portfolio and each exempting Transamerica, TSSC, the qualified variable annuity contracts Underlying Portfolios; (b) monthly New Account, as restructured into a (‘‘Contracts’’). The Old Account meets purchase and redemptions (other than unit investment trust following the the definition of a ‘‘separate account’’ by exchange) for each LUSA Portfolio transfer of the Old Account’s portfolio under the 1940 Act and is registered and each Underlying Portfolio; (c) investments to the Growth Portfolio, under the 1940 Act as an open-end monthly exchanges into and out of each and certain principal underwriters other management investment company. The LUSA Portfolio and each Underlying than TSSC (‘‘Future Underwriters’’) Old Account consists of a single Portfolio; (d) month-end allocations of from the provisions of Sections portfolio of primarily equity securities. each LUSA Portfolio’s assets among the 26(a)(2)(C) and 27(c)(2) of the 1940 Act, The investment objective of the Old Underlying Portfolios; (e) annual pursuant to Section 6(c) of the 1940 Act, Account is long-term capital growth. expense ratios for each LUSA Portfolio to the extent necessary to permit the Transamerica is the investment adviser and each Underlying Portfolio; and (f) a deduction of a mortality and expense for the Old Account. Transamerica has description of any vote taken by the risk change from the New Account contracted with Transamerica shareholders of any Underlying under certain variable annuity contracts. Investment Services, Inc., a wholly- Portfolio, including a statement of the FILING DATE: The application was field owned subsidiary of Transamerica percentage of votes cast for and against on February 14, 1996, and amended on Corporation, to act as the Old Account’s the proposal by LUSA Fund and by the August 8, 1996. sub-adviser. 3. The Fund is registered open-end, other shareholders of that Underlying HEARING OR NOTIFICATION OF HEARING: An diversified management investment Portfolio. order granting the application will be company, established as a Maryland For the SEC, by the Division of Investment issued unless the Commission orders a corporation on June 23, 1995. A Management, Under delegated authority. hearing. Interested persons may request registration statement on Form N–1A Margaret H. McFarland, a hearing by writing to the Secretary of was filed with the Commission on Deputy Secretary. the Commission and serving Applicants November 3, 1995. The Fund currently [FR Doc. 96–23703 Filed 9–16–96; 8:45 am] with a copy of the request, personally or consists of one investment portfolio: the BILLING CODE 8010±01±M by mail. Hearing requests should be Growth Portfolio (‘‘Portfolio’’). received by the Commission by 5:30 Additional portfolios may be created p.m. on October 7, 1996, and should be [Rel. No. IC±22216; File No. 812±9994] from time to time. The Fund initially accompanied by proof of service on will offer its shares solely to the New Applicants in the form of an affidavit or, Transamerica Occidental Life Account as a funding vehicle for the for lawyers, a certificate of service. Insurance Company, et al. variable annuity contracts supported by Hearing requests should state the nature the New Account. In the future, the September 11, 1996. of the requester’s interest, the reason for Fund may offer its shares to other AGENCY: Securities and Exchange the request, and the issues contested. insurance company separate accounts Commission (‘‘Commission’’ or ‘‘SEC’’). Persons may request notification of a supporting other variable annuity or ACTION: Notice of application for an hearing by writing to the Secretary of variable life insurance contracts and to order under the Investment Company the Commission. qualified pension and retirement plans. Act of 1940 (the ‘‘1940 Act’’). ADDRESSES: Secretary, SEC, 450 5th 4. The investment objective of the Street, N.W., Washington, D.C. 20549. Growth Portfolio is long-term capital APPLICANTS: Transamerica Occidental Applicants, Regina M. Fink, Esq., growth. Pursuant to an investment Life Insurance Company Transamerica Occidental Life Insurance advisory agreement and subject to the (‘‘Transamerica’’), Transamerica Company, 1150 South Olive Street, Los authority of the Fund’s Board of Occidental’s Separate Account Fund C Angeles, California 90015. Directors, Transamerica will serve as the (‘‘Old Account’’), Transamerica Variable FOR FURTHER INFORMATION CONTACT: Portfolio’s investment adviser and will Insurance Fund, Inc. (‘‘Fund’’), Mark C. Amorosi, Attorney, or Patrice engage Transamerica Investment Transamerica Securities Sales M. Pitts, Special Counsel, Office of Services, Inc. to serve as the Fund’s sub- Corporation (‘‘TSSC’’), and Insurance Products, Division of adviser. Transamerica Occidental Separate Investment Management, at (202) 942– 5. As part of the Reorganization, Account C (‘‘New Account’’). 0670. TSSC, a wholly-owned subsidiary of RELEVANT 1940 ACT SECTIONS: Order SUPPLEMENTARY INFORMATION: Following Transamerica Insurance Corporation of requested under Section 17(b) of the is a summary of the application; the California, which is a wholly-owned 1940 Act granting exemptions from the complete application is available for a subsidiary of Transamerica Corporation, provisions of Section 17(a) thereof, and fee from the Public Reference Branch of will replace Transamerica Financial under Section 6(c) of the 1940 Act the Commission. Resources, Inc. as the principal granting exemptions from the provisions underwriter for the Contracts. Future of Sections 26(a)(2)(C) and 27(c)(2) Applicants’ Representations Underwriters also may serve as thereof. 1. Transamerica, a wholly-owned distributors and principal underwriter SUMMARY OF APPLICATION: Applications subsidiary of the Transamerica for the Contracts. Any such Future seek an order: (1) exempting Corporation, is a stock life insurance Underwriter will be registered as a Transamerica, the Old Account and the company incorporated in California. broker-dealer under the Securities Fund from the provision of Section Transamerica is the depositor of the Old Exchange Act of 1934 and will be a 17(a) of the 1940 Act, pursuant to Account and will become the depositor member of the National Association of Section 17(b) of the 1940 Act, to the of the New Account pursuant to the Securities Dealers, Inc. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 48999

6. As part of the Reorganization, the account, which may include amounts agreed to waive a portion of the New Account will be registered as a unit derived from the charge for mortality mortality and expense risk charge to the investment trust on Form N–4 under the and expense risks. extent that the sum of the annual 1940 Act. The New Account will invest 11. Transamerica will impose a daily expenses to be charged against the exclusively in shares of the Growth charge on the assets of the New Account Contracts by the New Account plus the Portfolio. to compensate it for bearing certain Fund’s total annual expenses exceeds 7. Applicants state that three types of mortality and expense risks in the annual expenses that would have Contracts have been offered through the connection with the Contracts. The been charged by the Old Account had Old Account in connection with certain maximum amount of the mortality and the Reorganization not occurred. Any retirement programs—Annual Deposit, expense risk charge is equal to an such waiver will remain in effect for the Single Deposit Deferred and Single effective annual rate of 1.10% (of which duration of the Contracts and will Deposit Immediate. Purchase payments approximately 0.77% is attributable to operate to prevent Contract owners from made under the Contracts are invested mortality risk and approximately 0.33% being charged higher overall fees after in a portfolio which is comprised is attributable to expense risk) of the the Reorganization than before the principally of equity securities. The value of the net assets of the New Reorganization.1 Contracts are no longer being offered for Account. This charge is guaranteed not sale but additional payments may be to increase and will continue to be The Proposed Reorganization made on certain outstanding Contracts. assessed after the retirement date (the 1. The Board of Directors of 8. The Annual Deposit Contract and date the first annuity payment is made Transamerica, the Board of Managers of the Single Deposit Deferred Contract under a Contract) if annuity payments the Old Account, and the Board of provide deferred variable annuities. The are made on a variable basis. Directors of the Fund, including a Single Deposit Immediate Contract 12. The mortality risk borne by majority of the disinterested members of provides an immediate variable annuity. Transamerica arises from its contractual each of the latter two, have approved an The contracts also provide for, among obligation to make annuity payments Agreement and Plan of Reorganization other things: (a) a variety of annuity (determined in accordance with the (the ‘‘Plan’’) and have each adopted payout options beginning on the annuity tables and other provisions resolutions authorizing (1) the retirement date; (b) certain minimum contained in the Contracts) regardless of restructuring of the old Account from a and maximum initial and subsequent how long all annuitants or any managed separate account to a separate purchase payments; and (c) a death individual annuitant may live. The account organized as a unit investment benefit payable if the annuitant dies mortality risk assumed by Transamerica trust, and (2) the transfer of the portfolio before the retirement date. is the risk that the persons on whose life assets and related liabilities of the Old 9. Transamerica deducts an annuity payments depend, as a group, Account to the Growth Portfolio in administrative expense charge from will live longer than Transamerica’s exchange for shares of the Growth each payment made under the Contracts actuarial tables predict. In this event, Portfolio of equal value. The Plan is for record keeping and administrative Transamerica guarantees that annuity subject to the consideration and functions related to the Contracts and payments will not be affected by a approval of persons entitled to vote with each Contract owner’s account. The change in mortality experience that respect to the old Account (the ‘‘Old charge is guaranteed not to increase and results in the payment of greater annuity Account Voters’’). is equal to 2.5% of the first $15,000 of income than assumed under the annuity 2. In connection with its approval of payments made under the contract, options in the Contract. the Plan, the Board of Managers of the 1.5% of the next $35,000 of payments 13. The expense risk assumed by Old Account, including a majority of made under the Contract, 0.75% of the Transamerica is the risk that disinterested members, has determined next $100,000 of payments made under Transamerica’s actual expenses in that the Reorganization is in the best the Contract, and no charge for issuing and administering the Contracts interests of the Old Account and that payments exceeding $150,000 under the and operating the New Account will be the interests of existing Contract owners Contract. This charge will continue to more than the charges assessed for such will not be diluted as a result of the be deducted after the Reorganization expenses. Reorganization. The Board of Directors and will be deducted in reliance upon 14. A fee at an annual rate of 0.30% of the Fund, including a majority of Rule 26a–1 under the 1940 Act. of the average daily net assets of the Old disinterested members, has determined 10. Transamerica deducts a sales Account is charged for Transamerica’s that the Reorganization is in the best charge from each payment made under advisory services. Under the proposed interests of the Fund and that the the Contracts which is equal to 6.5% of restructuring, the Growth Portfolio will interests of existing Contract owners the first $15,000 of payments made pay Transamerica an advisory fee for will not be diluted as a result of the under the Contract, 4.5% of next managing its investment and business Reorganization.2 $35,000 of payments made under the operations which is expected to be 3. On the closing date of the contract, 2.0% of the next $100,000 of equal to an effective annual rate of Reorganization, Transamerica will payments made under the Contract, and 0.75% of the average daily net assets of no charge for payments exceeding the Growth Portfolio. 1 The full 1.10% mortality and expense risk $150,000 under the contract. The sales charge is being deducted from the assets of the Old 15. Transamerica will deduct the Account. Under the terms of the Plan of charge covers expenses relating to the aggregate premium taxes paid on behalf Reorganization, Transamerica has agreed to waive sales of the Contracts. Transamerica will of a particular Contract either from: (a) or reimburse the mortality and expense risk charge continue to deduct the charge after the payments as they are received; or (b) the on Contracts outstanding as of the date of the Reorganization to the extent that the sum of annual Reorganization. Transamerica does not accumulated account value when a expenses to be charged by the Fund and the New anticipate that the sales charge has or conversion is made to provide annuity Account exceeds 1.40% during any year. will generate sufficient revenue to pay benefits. Premium taxes currently range Applicants currently expect that the mortality and the cost of distributing the Contracts. If up to 3.5%. expense risk charge will be assessed at an annual these charges are insufficient to cover 16. With respect to Contract rate of 0.55% of the net assets in the New Account. 2 The membership of the Board of Managers of the Transamerica’s expenses, the deficiency outstanding on the date of the Old Account is the same as that of the Board of will be met from Transamerica’s general Reorganization, Transamerica has Directors of the Fund. 49000 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices transfer the portfolio assets and related have been borne by the Old Account securities or property between and liabilities of the Old Account to the had the Reorganization not occurred. among certain Applicants. Growth Portfolio of the Fund in 6. Transamerica will assume all costs 3. Rule 17a–8 under the 1940 Act exchange for shares of the Growth to be incurred in effecting the provides exemptive relief for sales of Portfolio of equal value. Transamerica transactions. The Reorganization will substantially all the assets of one will record shares issued by the Fund not affect the total amount of fees and registered investment company to with respect to the Growth Portfolio as charges assessed, directly or indirectly, another if such companies are affiliated assets of the New Account.3 The under existing Contracts. Therefore, the solely because of common directors, indirect interests of Contract owners in Reorganization will not have any officers or investment advisers. Because the Growth Portfolio immediately adverse economic impact on Contract of the various relationships among following the Reorganization will be owners. them, Applicants state that they may not equal to their interest in the Old 7. Following the Reorganization, be able to rely on Rule 17a–8 in Account immediately prior to the Transamerica will offer each Contract connection with the Reorganization. Reorganization. owner the opportunity to instruct Applicants state that they intend to 4. The use of a common underlying Transamerica in voting the Growth conform to the conditions set forth in investment vehicle will enhance Portfolio shares attributable to that Rule 17a–8, however, including the investment flexibility for Contract Contract owner on matters for which requirement that a majority of the owners. It is expected that the Contract owners currently have voting independent directors of the Board of Reorganization also will reduce costs rights. Transamerica will vote shares of Managers of the Old Account and a through less complex record keeping for the Growth Portfolio held by the New majority of the independent directors of the New Account, administrative Account which are deemed attributable the Board of Directors of the Fund make efficiencies, and economies of scale. to the Contracts for which instructions certain determinations. Contract owners also may benefit to the are not provided in proportion to 4. Applicants maintain that the extent that the common management of instructions received from the Contract proposed Reorganization is in the best a larger asset base will enhance owners. Shares of the Growth Portfolio interests of the Old Account, benefiting investment flexibility and return, and held by the New Account which are not existing Contract owners by facilitating increase the potential for additional deemed attributable to Contract owners the future expansion of investment portfolios. also will be voted in the same alternatives under the Contracts. The 5. The Growth Portfolio will have the proportions on each issue as the votes addition of new investment portfolios same investment objective, substantially received from Contract owners. with different investment objectives will the same investment policies and Applicants’ Legal Analysis be accomplished more economically restrictions, the same Board of Directors, through the use of a unit investment and the same investment adviser and Affilated Transactions trust than by the establishment of a new sub-adviser as the Old Account, 1. Section 17(a) of the 1940 Act management separate account. provided such arrangements are generally prohibits any affiliated person Applicants also maintain that, to the approved by the Old Account Voters. of a registered investment company, or extent the Fund is used to fund other The investment advisory fee for the an affiliated person of an affiliated separate accounts and qualified pension Growth Portfolio may be higher than the person, from selling or purchasing any and retirement plans, Contract owners current management fee charged to the security or other property to or from will benefit from the economies of scale old Account. The Fund may incur such registered investment company. involved, particularly with respect to certain other operating expenses which, Section 17(b) of the 1940 Act provides the level of fixed administrative when added to the investment advisory generally that the Commission may expenses. fee incurred by the Growth Portfolio, grant an order exempting a transaction 5. Applicants state the conversion of results in an amount that may exceed otherwise prohibited by Section 17(a) of the Old Account from a management the sum of the investment advisory the 1940 Act if evidence establishes investment company to a unit charge and the other charges currently that: (1) the terms of the proposed investment trust will result in Contract imposed against the assets of the Old transaction, including the consideration owner interests which, in practical Account. However, if the annual to be paid or received, are reasonable economic terms, do not differ in any expenses to be charged by the Fund and and fair and do not involve measurable way from such interests New Account exceed the annual overreaching on the part of any person immediately prior to the Reorganization. expenses that would have been charged concerned; (2) the proposed transaction The exchange of the portfolio assets of by the old Account had the is consistent with the policy of each the Old Account for shares of the Reorganization not occurred, then, as to registered investment company Growth Portfolio will be effected in Contracts outstanding as of the closing concerned, as recited in its registration conformity with Section 22(c) of the date of the Reorganization, statement and reports filed under the 1940 Act and Rule 22c–1 thereunder. Transamerica will reduce the mortality 1940 Act; and (3) the proposed Transamerica will assume all expenses and expense risk charge to fully offset transaction is consistent with the incurred in preparing for and carrying the effect of any and all expenses of a general purposes of the 1940 Act. out the transactions. In addition, the type or in an amount which would not 2. Each applicant may be deemed to Fund will be organized at no expense to be an affiliated person of the other the Old Account or Contract owners. As 3 The total net assets of the Old Account will be Applicants or an affiliated person of an a result, Contract owners’ interests in determined, in the customary manner, as of the business day immediately preceding the effective affiliated person by virtue of being the New Account immediately after the date of the Reorganization. The number of shares under the common control of transactions will be equal to their of the Growth Portfolio of the Fund to be issued to Transamerica, or having Transamerica former interests in the Old Account the New Account will be determined by dividing as investment adviser, under Section immediately prior to the transactions, the value of the net assets to be transferred from the old Account by the net asset value per share of the 2(a)(3) of the 1940 Act, and the and such Contract owners’ interests will Growth Portfolio. Both determinations will be made Reorganization may be deemed to entail not be diluted as a result of the in accordance with Section 22(c) and Rule 22c–1. one or more purchases or sales of Reorganization. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 49001

6. Applicants state that the the Commission to grant an exemption factors as annuity purchase rate Reorganization will not require the from any provision, rule or regulation of guarantees, death benefit guarantees, liquidation of any assets of the Old the 1940 Act to the extent necessary or other contract charges, the Account because the Reorganization appropriate in the public interest and administrative services performed by will take the form of an exchange of the consistent with the protection of Transamerica with respect to the portfolio investments of the Old investors and the purposes fairly Contracts, the market for the Contracts, Account for shares of the Growth intended by the policy and provisions of investment options under the Contracts, Portfolio. Because the investment the 1940 Act. payment features, and the tax status of policies and restrictions of the Growth 2. Applicants request exemptions the Contracts. Applicants state that Portfolio will be identical in substance from Sections 26(a)(2)(C) and 27(c)(2) of Transamerica will maintain a to those of the Old Account, the only the 1940 Act to the extent necessary to memorandum, available to the sales of Old Account assets following permit the deduction of the 1.10% Commission upon request, setting forth the Reorganization will be those arising maximum mortality and expense risk in detail the products analyzed in the in the ordinary course of business. charge from the assets of the New course of, and the methodology and Therefore, neither the Old Account nor Account. Applicants also request that results, of its review. the Fund will incur any extraordinary the relief sought herein apply to Future 5. Transamerica does not anticipate costs, such as brokerage commissions, Underwriters. that the sales charge deducted under the in effecting the transfer of assets. 3. Applicants state that, without the Contracts has or will generate sufficient 7. Applicants state that Transamerica requested relief as to Future revenues to pay the cost of distributing has received a private letter ruling from Underwriters, a separate application the Contracts. If the sales charge is the Internal Revenue Service which would have to be filed to request and insufficient to cover Transamerica’s confirms that the Reorganization will be obtain exemptive relief for any Future expenses, the deficiency will be met a tax-free event. Underwriter. Applicants assert that from Transamerica’s general account. 8. Applicants maintain that because these additional requests for exemptive Transamerica acknowledges that the the investment objective of the Growth relief would present no issues under the charge for mortality and expense risks Portfolio will be substantially identical 1940 Act not already addressed in this may be a source of profit, which would to the investment objectives of the Old application. Applicants state that if increase the general assets of Account immediately prior to the exemptive relief were to be sought Transamerica available to pay Reorganization, the transactions are repeatedly with respect to the same distribution expenses that Transamerica consistent with the objectives and issues addressed in this application, may bear. Under such circumstances, policies of the Old Account and the investors would not receive additional the charges for mortality and expense Growth Portfolio. Applicants state that, protection or benefit, and investors and risks might be viewed as providing for in any case, Transamerica will obtain the new applicants could be some of the costs related to the Contract owner approval of the disadvantaged by increased costs. distribution of the Contracts. transactions by at least the vote required Applicants argue that the requested 6. Applicants state that currently under the 1940 Act to effect any change relief is appropriate in the public there is no distribution financing in fundamental investment policy. This interest because the relief will promote arrangement for the Contracts because eliminates any questions that might competitiveness in the variable annuity no new Contracts are being distributed. otherwise exist as to whether market by eliminating the need for However, to the extent new Contracts investment in the Growth Portfolio is in Transamerica to file redundant are sold in the future, or the continued compliance with the investment exemptive applications, thereby receipt of payments under the Contracts objective and policies of the Old reducing administrative expenses and is deemed to be a distribution, Account. maximizing efficient use of resources. Transamerica will maintain a 9. Applicants represent that the Elimination of the delay and the memorandum demonstrating its proposed transactions do not present expense of repeatedly seeking conclusion that there is a reasonable any of the issues or abuses that the 1940 exemptive relief would enhance the likelihood that such distribution Act was designed to prevent. Moreover, ability to take effective advantage of financing arrangement will benefit Applicants submit that the proposed business opportunities as such Contract owners and the New Account. transactions will be effected in a manner opportunities arise. Applicants submit, 7. Transamerica’s represents that the consistent with the public interest and for all the reasons stated herein, that assets of the New Account will be the protection of investors. their request for relief with respect to invested only in a management Future Underwriters is necessary and investment company which undertakes, Mortality and Expense Risk Charge appropriate in the public interest and in the event it should adopt a plan for 1. Sections 26(a)(2)(C) and 27(c)(2) of consistent with the protection of financing distribution expenses the 1940 Act, in relevant part, prohibit investors and the purposes fairly pursuant to Rule 12b–1 under the 1940 a registered unit investment trust, its intended by the policy and provisions of Act, to have such plan formulated and depositor or principal underwriter, from the 1940 Act. approved by a board of directors, the selling periodic payment plan 4. Applicants represent that the level majority of whom are not ‘‘interested certificates unless the proceeds of all of the mortality and expense risk charge persons’’ of the management investment payments, other than sales loads, are proposed under the Contracts is within company within the meaning of Section deposited with a qualified bank and the range of industry practice for 2(a)(19) of the 1940 Act. held under arrangements which prohibit comparable annuity products. This any payment to the depositor or representation is based upon Conclusion principal underwriter except a Transamerica’s analysis of publicly Applicants submit that, for the reasonable fee, as the Commission may available information regarding reasons set forth above, the requested prescribe, for performing bookkeeping comparable contracts of other exemption from Section 17(a) of the and other administrative duties companies, taking into consideration 1940 Act to permit the Reorganization normally performed by the bank itself. the particular annuity features of the meets the standards in Section 17(b) of Section 6(c) of the 1940 Act authorizes comparable contracts, including such the 1940 Act. In this regard, Applicants 49002 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices assert that the Reorganization is fair and [License No. 05/05/±0183] County, Texas, crossing El Paso County, reasonable, does not involve Texas to cross the border south of the overreaching on the part of any person Threshold Ventures, Inc.; Notice of town of San Elizario into Mexico. concerned, is consistent with the policy Surrender of License The pipeline will continue of each registered investment company Notice is hereby given that, pursuant approximately 20 miles into Mexico, concerned, as recited in its registration to Section 107.105 of the Small Business with a terminus at the Mendez Terminal statement and reports filed under the Administration (SBA) Rules and in Ciudad Juarez. The pipeline will 1940 Act, and is consistent with the Regulations governing Small Business initially receive an estimated 16,000 provisions, policies and purposes of the Investment Companies (13 CFR 107.105 barrels per day for transportation with a 1940 Act. (1991)), Threshold Ventures, Inc., 819 capacity for approximately 24,000 Applicants further represent that the Twelve Oaks Center, 15500 Wayzata barrels per day. The pipeline will requested exemptions from Section Boulevard, Wazata, MN 55391, facilitate LPG exports from the United 26(a)(2)(C) and 27(c)(2) are necessary incorporated under the laws of the State States to Mexico at an estimated annual and appropriate in the public interest of Minnesota has surrendered its value of 60 to 65 million dollars. and consistent with the protection of license, No. 05/05–0183 issued by the Summary investors and the purposes fairly SBA on March 20, 1984. In accordance with the requirements Threshold Ventures, Inc. has intended by the policy and provisions of of the National Environmental Policy complied with all conditions set forth the 1940 Act. Act (NEPA), 42 U.S.C. 4321 et seq., The For the Commission, by the Division of by SBA for surrender of its license. Council on Environmental Quality Investment Management, pursuant to Therefore, under the authority vested by (CEQ) regulations, 40 CFR Parts 1500– delegated authority. the Small Business Investment Act of 1508, and the Department’s regulations Margaret H. McFarland, 1958, as amended, and pursuant to the for implementation of NEPA (22 CFR Deputy Secretary. above-cited Regulation, the license of Part 161), the Department of State has Threshold Ventures, Inc. is hereby [FR Doc. 96–23776 Filed 9–16–96; 8:45 am] conducted an environmental assessment accepted and it is no longer licensed to BILLING CODE 8010±01±M of the proposed construction by Rio operate as a Small Business Investment Grande Pipeline Company of a LPG Company. pipeline across the international (Catalog of Federal Domestic Assistance boundary in El Paso County south of SMALL BUSINESS ADMINISTRATION Program No. 59.011, Small Business San Elizario, Texas. The Department of Investment Companies) State is charged with the issuance of Dated: September 9, 1996. [License No. 10/10±5181] Presidential Permits authorizing Don A. Christensen, construction of such international Calista Business Investment Associate Administrator for Investment. pipelines under Executive Order 11423 Corporation; Notice of Surrender of [FR Doc. 96–23721 Filed 9–16–96; 8:45 am] (1968), as amended by Executive Order License BILLING CODE 8025±01±M 12847 (1993). Several Federal agencies cooperated in preparation of the Notice is hereby given that, pursuant environmental assessment, reviewing to Section 107.105 of the Small Business DEPARTMENT OF STATE and commenting on the analysis and Administration (SBA) Rules and conclusions presented therein. Regulations governing Small Business [Public Notice 2443] Agencies participating in this process Investment Companies (13 CFR 107.105 together with the Department of State Bureau of Economic and Business (1991)), Calista Business Investment included: the Environmental Protection Affairs; Finding of No Significant Corporation, 516 Denali Street, Agency, the Departments of Defense, Impact: Rio Grande Pipeline Company, Anchorage, Alaska 99501, incorporated Treasury, Interior, Commerce, Pipeline To Cross the U.S.-Mexico under the laws of the State of Alaska has Transportation, the Attorney General, Border at El Paso County, TX surrendered its license, No. 10/10–5181 the Chairman of the Surface issued by the SBA on March 31, 1983. AGENCY: Department of State. Transportation Safety Board, and the Calista Business Investment ACTION: Notice of a finding of no Director of the Federal Emergency Corporation has complied with all significant impact with regard to an Management Agency. conditions set forth by SBA for application to construct, connect, Interested parties were invited to surrender of its license. Therefore, operate and maintain a pipeline to comment on the proposed application under the authority vested by the Small transport petroleum products (liquid in a Federal Register Notice number Business Investment Act of 1958, as petroleum gas) across the U.S.-Mexico 2397, in the Federal Register Vol. 61, amended, and pursuant to the above- border. No. 104, pages 26945–26946. cited Regulation, the license of Calista Based on the final environmental Business Investment Corporation is SUPPLEMENTARY INFORMATION: Rio assessment, which included a hereby accepted and it is no longer Grande Pipeline Company has applied preliminary environmental assessment, licensed to operate as a Small Business for a Presidential Permit to authorize comments received from interested Investment Company. construction, connection, operation and agencies and responses to those maintenance of a 8.625 inch diameter comments, the Department of State has (Catalog of Federal Domestic Assistance pipeline to convey liquid petroleum gas concluded that issuance of a Program No. 59.011, Small Business Presidential Permit authorizing Investment Companies) (LPG) across the border to Mexico in El Paso County, Texas. construction of the proposed pipeline Dated: September 9, 1996. The proposed pipeline will utilize (as described in the final environmental Don A. Christensen, existing pipelines commencing in assessment) will not have a significant Associate Administrator for Investment. Hardisty County, Texas. Approximately effect on the quality of the human [FR Doc. 96–23720 Filed 9–16–96; 8:45 am] 30 miles of new pipeline will be environment within the United States. BILLING CODE 8025±01±P constructed commencing in Hudspeth Therefore, in accordance with CEQ’s Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 49003

NEPA regulations, 40 CFR 1501.4 and on minority and low-income Summary 1508.13 and with State Department populations. The analysis supporting In accordance with the National Regulations, 22 CFR 161.8 (c) an this determination can be obtained from Environmental Policy Act of 1969 environmental impact statement will the State Department Office of (NEPA), 42 U.S.C. § 4321 et seq., the not be prepared. International Energy and Commodities Council on Environmental Quality Factors Considered Policy, 202–647–2887. Regulations for Implementing the The environmental assessment FOR FURTHER INFORMATION ON THE Procedural Provisions of NEPA, 40 CFR carefully considered delivery PIPELINE PERMIT APPLICATION, CONTACT: 1500–1508, and the State Department alternatives, truck and rail exports of Susan Phillips, Office of International Regulations for Implementation of LPG, as well as alternative pipeline Energy and Commodities Policy, Room NEPA, 22 CFR Part 161, the Department routes. National statistics show that 3529, U..S. Department of State, of State has prepared an Environmental pipelines are safer than rail and many Washington, DC, 20520, (202) 647–2887. Assessment of the proposed Express Pipeline permit. In our Environmental times safer than trucks for transporting Dated: August 22, 1996. liquid petroleum products. LPG exports Assessment (EA), the State Department Herbert Yarvin, proposes to incorporate by reference a to Mexico by pipeline are the safer Acting Director, International Energy and alternative than their shipment by rail final Environmental Impact Statement Commodities Policy. prepared by the U.S. Department of or truck, especially in the congested [FR Doc. 96–23937 Filed 9–16–96; 8:45 am] border crossing areas. Delivery of LPG to Interior, Bureau of Land Management BILLING CODE 4710±07±M Mexico by pipeline produces for the proposed pipeline in February substantially less emissions than does 1996. The State Department’s EA also delivery by diesel truck and enhances includes supplemental information highway safety. The pipeline route [Public Notice 2442] requested by the Department to review corridor selection is based on the most the additional reasonably foreseeable Bureau of Economic and Business direct routing, use of existing rights-of- cumulative impacts from the connection way, avoidance of populated areas, and Affairs; Finding of No Significant of Express to the existing Platte pipeline avoidance of cultural and biological Impact: Express Pipeline To Cross the or other pipelines, and in particular, any resources. No conflicts with active U.S.-Canadian Border From Alberta to anticipated construction or locatable mineral operations, metallic or Montana modifications as a result of the non-mettalic, were identified along the acquisitions and/or connection of such AGENCY: Department of State. proposed pipeline route. Wetlands, pipelines. including jurisdictional wetlands ACTION: Notice of a finding of no The Department of State is charged regulated under the Clean Water Act, significant impact with regard to an with the issuance of Presidential will not be affected by the pipeline as application to construct, connect, Permits authorizing construction of all aquatic features will be crossed by operate and maintain a pipeline to such international pipelines under boring beneath them. There is no transport petroleum across the Canada- Executive Order 11423 (1968), as specific habitat for any federally listed U.S. border. amended by Executive Order 12847 Endangered or Threatened species (1993). Several federal agencies identified in the area. Any disturbances SUPPLEMENTARY INFORMATION: Express cooperated in preparation of the to land, vegetation, wildlife, and Pipeline Partnership has applied for a Environmental Assessment, reviewing socioeconomic resources are expected to Presidential Permit to authorize and commenting on the analysis and be minimal and short-term, arising construction, connection, operation and conclusions presented therein. mainly due to initial pipeline maintenance of a crude oil pipeline that Interested parties were invited to construction. would originate at a terminal near comment on the proposed application Further analysis and reasoning Hardisty, Alberta, Canada and cross the in a Federal Register Notice number supporting the pipeline routing are international boundary near Simpson, 2416, in the Federal Register Vol. 61, presented in the original pipeline Montana. 37787, July 19, 1996. application. Copies of supporting Based on the final environmental Express Pipeline, Inc (Express), an information for this finding and the assessment, which incorporated the affiliate of Alberta Energy Company final environmental assessment can be final Environmental Impact Statement Ltd., and TransCanada PipeLines obtained from the State Department’s prepared by the U.S. Department of Limited, proposes to construct, operate, office of International Energy and Interior, supplemental information on and maintain a 24 inch pipeline from Commodities Policy, 202–647–2875. the cumulative impact of the proposed Wild Horse (located on the border pipeline and comments received from Environmental Justice between Montana and Canada) to interested agencies and responses to In addition to the analysis conducted Casper, Wyoming. those comments, the Department of in accordance with NEPA, the The pipeline would transport crude State has concluded that issuance of a Department of State addressed oil from the production fields in Presidential Permit authorizing environmental justice considerations Alberta, Canada to refineries in construction of the proposed pipeline pursuant to Executive Order 12898 of Wyoming, Colorado, Utah, Kansas, (as described in the permittee’s February 11, 1994 (‘‘Federal Actions to Oklahoma, Illinois, Indiana, Ohio, application of May 3, 1996) will not Address Environmental Justice in Kentucky and Tennessee via the have a significant effect on the quality Minority Populations and Low-Income existing pipelines downstream of of the human environment within the Populations’’). Based on its examination Casper. Initially, the pipeline would be United States. Therefore, in accordance of environmental justice considerations, capable of transporting 172,000 barrels with CEQ’s NEPA regulations, 40 CFR the Department has determined that the of crude oil per day between Hardisty 1501.4 and 1508.13 and with State proposed pipeline will not have and Casper. With additional pump Department Regulations, 22 CFR disproportionately high and adverse stations, the capacity could ultimately 161.8(c), an environmental impact human health or environmental effects increase to 280,000 b/d. statement will not be prepared. 49004 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

Factors Considered Subject: PAC/Reso/392 dated August and Subpart Q of the Regulations, The environmental assessment 8, 1996; FINALLY ADOPTED RESOS requests authority to engage in interstate carefully considered a wide variety of R1–22; minutes—PAC/Meet/142 dated scheduled air transportation of persons, factors including, but not limited to: the August 8, 1996; Intended effective date: property, and mail: Between any point physical environment, consisting of October 1, 1996. in any state in the United States or geology, soils, hydrology, air quality and Docket Number: OST–96–1678. District of Columbia, or any territory or noise; the biological environment Date filed: September 5, 1996. possession of the United States, and any including vegetation, wildlife, fisheries, Parties: Members of the International other point in any state of the United and threatened, endangered, or sensitive Air Transport Association. States or the District of Columbia, or any Subject: PTC12 CAN-EUR 0002 dated species; the social environments territory or possession of the United August 13, 1996; Canada-Europe Resos consisting of land-use, recreation, visual States. r1–30; minutes—PTC12 CAN–EUR 0004 resources, and cultural resources. The Paulette V. Twine, dated September 3, 1996; Intended environmental assessment also Chief, Documentary Services Division. effective date: January 1, 1997. considered the project purpose, [FR Doc. 96–23773 Filed 9–16–96; 8:45 am] Docket Number: OST–96–1682. alternatives, environmental BILLING CODE 4910±62±P Date filed: September 6, 1996. consequences, cumulative impacts and Parties: Members of the International other related information. Air Transport Association. Federal Aviation Administration Environmental Justice Subject: Request for Interim Approval of Amendments to the Provisions for the [Summary Notice No. PE±96±45] In addition to the analysis conducted Conduct of IATA Traffic Conferences in accordance with NEPA, the Pursuant to Sections 41308 and 41309 Petitions for Exemption, Summary of Department of State addressed of Title 49 of the United States Code and Petitions Received; Dispositions of environmental justice considerations Parts 303.03, 303.05 and 303.30(c) of Petitions Issued pursuant to Executive Order 12898 of Title 14 of the Code of Federal February 11, 1994 (‘‘Federal Actions to AGENCY: Federal Aviation Regulations, it is hereby requested on address Environmental Justice in Administration (FAA), DOT. behalf of member airlines of the Minority Populations and Low-Income ACTION: International Air Transport Association Notice of petitions for Populations’’). Based on its examination (IATA) that the Department approve and exemption received and of dispositions of environmental justice considerations, confer antitrust immunity on five of prior petitions.. the Department has determined that the amendments to the Provisions for the proposed pipeline will not have SUMMARY: Pursuant to FAA’s rulemaking Conduct of IATA Traffic Conferences disproportionately high and adverse provisions governing the application, (the Provisions). human health or environmental effects processing, and disposition of petitions on minority and low-income Paulette V. Twine, for exemption (14 CFR Part 11), this populations. The analysis supporting Chief, Documentary Services Division. notice contains a summary of certain this determination can be obtained from [FR Doc. 96–23774 Filed 9–16–96; 8:45 am] petitions seeking relief from specified the State Department Office of BILLING CODE 4910±62±P requirements of the Federal Aviation International Energy and Commodities Regulations (14 CFR Chapter I), Policy, 202–647–2887. dispositions of certain petitions Notice of Applications for Certificates FOR FURTHER INFORMATION ON THE previously received, and corrections. of Public Convenience and Necessity PIPELINE PERMIT APPLICATION, CONTACT: The purpose of this notice is to improve and Foreign Air Carrier Permits Filed Susan Phillips, Office of International the public’s awareness of, and Under Subpart Q During the Week Energy and Commodities Policy, Room participation in, this aspect of FAA’s Ending September 6, 1996 3529, U.S. Department of State, regulatory activities. Neither publication Washington, DC, 20520, (202) 647–2887. The following Applications for of this notice nor the inclusion or omission of information in the summary Dated: August 29, 1996. Certificates of Public Convenience and Necessity and Foreign Air Carrier is intended to affect the legal status of Herbert Yarvin, any petition or its final disposition. Director, International Energy and Permits were filed under Subpart Q of the Department of Transportation’s DATES: Comments on petitions received Commodities Policy. must identify the petition docket [FR Doc. 96–23938 Filed 9–16–96; 8:45 am] Procedural Regulations (See 14 CFR 302.1701 et. seq.). The due date for number involved and must be received BILLING CODE 4710±07±M Answers, Conforming Applications, or on or before October 7, 1996. Motions to modify Scope are set forth ADDRESSES: Send comments on any below for each application. Following petition in triplicate to: Federal DEPARTMENT OF TRANSPORTATION the Answer period DOT may process the Aviation Administration, Office of the application by expedited procedures. Chief Counsel, Attn: Rule Docket (AGC– Aviation Proceedings; Agreements ll Filed During the Week Ending Such procedures may consist of the 200), Petition Docket No. , 800 September 6, 1996 adoption of a show-cause order, a Independence Avenue, SW., tentative order, or in appropriate cases Washington, DC 20591. The following Agreements were filed a final order without further Comments may also be sent with the Department of Transportation proceedings. electronically to the following internet under the provisions of 49 U.S.C 412 Docket Number: OST–96–1676. address: [email protected]. and 414. Answers may be filed within Date filed: September 4, 1996. The petition, any comments received, 21 days of date of filing. Due Date for Answers, Conforming and a copy of any final disposition are Docket Number: OST–96–1677. Applications, or Motion to Modify filed in the assigned regulatory docket Date filed: September 5, 1996. Scope: October 2, 1996. and are available for examination in the Parties: Members of the International Description: Application of Jim Air, Rules Docket (AGC–200), Room 915G, Air Transport Association. Inc. pursuant to 49 U.S.C. Section 41102 FAA Headquarters Building (FOB 10A), Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 49005

800 Independence Avenue, SW., Notice of Intent To Rule on Application disapprove the application, in whole or Washington, DC 20591; telephone (202) To Impose and Use the Revenue From in part, no later than October 29, 1996. 267–3132. a Passenger Facility Charge (PFC) at The following is a brief overview of FOR FURTHER INFORMATION CONTACT: Minot International Airport, Minot, ND the application. PFC application number: 96–02–C– Fred Haynes (202) 267–3939 or Marisa AGENCY: Federal Aviation 00–MOT Mullen (202) 267–9681 Office of Administration (FAA), DOT. Level of the proposed PFC: $3.00. Rulemaking (ARM–1), Federal Aviation ACTION: Notice of Intent to Rule on Proposed charge effective date: April Administration, 800 Independence Application. 1, 1997. Avenue, SW., Washington, DC 20591. Proposed charge expiration date: This notice is published pursuant to SUMMARY: The FAA proposes to rule and September 30, 1998. paragraphs (c), (e), and (g) of § 11.27 of invites public comment on the Total estimated PFC revenue: Part 11 of the Federal Aviation application to impose and use the $309,677.00. Regulations (14 CFR Part 11). revenue from a PFC at Minot Brief description of proposed Issued in Washington, DC, on September International Airport under the project(s): 12, 1996. provisions of the Aviation Safety and Impose and Use: PFC Amendment Donald P. Byrne, Capacity Expansion Act of 1990 (Title and Use Application; Acquire IX of the Omnibus Budget Assistant Chief Counsel for Regulations. Additional Land Adjacent to Runway Reconciliation Act of 1990) (Public Law 13–31 and Install Security Fencing; Petitions for Exemption 101–508) and Part 158 of the Federal Rehabilitate Taxiway A and C; Aviation Regulations (14 CFR Part 158). Docket No: 28649. Perimeter Fencing North and Northeast DATES Sides; Environmental Assessment for 8– Petitioner: Motores Rolls-Royce : Comments must be received on 26. Limitada (Motores Rolls-Royce). or before October 17, 1996. ADDRESSES: Comments on this Use: Acquire Land Adjacent to Sections of the FAR Affected: 14 CFR Runway 13–31; Perimeter Fencing East 145.47(b). application may be mailed or delivered in triplicate to the FAA at the following & South Side. Description of Relief Sought: To address: Federal Aviation Class or classes of air carriers which permit Motores Rolls-Royce, a FAA- Administration, Bismarck Airports the public agency has requested not be certified repair station (No. District Office, 2000 University Drive, required to collect PFCs: Those carriers AW5Y742M), to substitute the Bismarck, North Dakota 58504. which enplane less than one percent of calibration standards of the Instituto In addition, one copy of any all enplanements. Nacional de Metrologia, Normalizacao e comments submitted to the FAA must Any person may inspect the Qualidade Industrial (INMETRO), be mailed or delivered to Mr. Mike application in person at the FAA office Brazil’s national standards organization, Ryan, Airport Director, of the City of listed above under FOR FURTHER for calibration standards of the U.S. Minot, North Dakota at the following INFORMATION CONTACT. National Institute of Standards and address: Minot International Airport, 25 In addition, any person may, upon Technology (NIST) to test its inspection Airport Road, Suite 10, Minot, North request, inspect the application, notice and test equipment. Dakota 58701–1457. and other documents germane to the Docket No: 28650. Air carriers and foreign air carriers application in person at the City of Petitioner: University of North Dakota may submit copies of written comments Minot—Airport Directors offices at the (UND Aerospace). previously provided to the City of Minot International Airport. Sections of the FAR Affected: 14 CFR Minot, North Dakota under section Issued in Des Plaines, Illinois on 141.15. 158.23 of Part 158. September 10, 1996. Description of Relief Sought: To FOR FURTHER INFORMATION CONTACT: Benito De Leon, permit UND Aerospace to operate FAA- Ms. Irene R. Porter, Manager, Bismarck Manager, Planning and Programming Branch, approved part 141 pilot school satellite Airports District Office, 2000 University Airports Division, Great Lakes Region. bases located outside the United States Drive, Bismarck, North Dakota 58504, [FR Doc. 96–23812 Filed 9–16–96; 8:45 am] to provide FAA-approved part 141 flight (701) 250–4385. The application may be BILLING CODE 4910±13±M and ground training courses to U.S. reviewed in person at this same citizens and non-U.S. citizens. location. Surface Transportation Board 1 Docket No: 28663. SUPPLEMENTARY INFORMATION: The FAA Petitioner: Goodyear do Brasil proposes to rule and invites public [STB Finance Docket No. 33075] Produtos de Borracha Ltda. (Goodyear). comment on the application to impose and use the revenue from a PFC at CSX Transportation, Inc.ÐTrackage Sections of the FAR Affected: 14 CFR Minot International Airport under the Rights ExemptionÐNorfolk Southern 145.47(b). provisions of the Aviation Safety and Railway Company Description of Relief Sought: To allow Capacity Expansion Act of 1990 (Title Goodyear to obtain its calibration Norfolk Southern Railway Company IX of the Omnibus Budget (NS) has agreed to grant trackage rights standards for inspection and test Reconciliation Act of 1990) (Public Law equipment used on aircraft tires from to CSX Transportation, Inc. (CSXT), 101–508) and Part 158 of the Federal over approximately 10.5 miles of rail the Instituto Nacional de Metrologia, Aviation Regulations (14 CFR Part 158). Normalizacao e Qualidade Industrial On July 29, 1996, the FAA determined 1 The ICC Termination Act of 1995, Pub. L. No. (INMETRO), Brazil’s national standards that the application to impose and use organization, in lieu of the U.S. National 104–88, 109 Stat. 803, which was enacted on the revenue from a PFC submitted by December 29, 1995, and took effect on January 1, Institute of Standards and Technology the City of Minot, North Dakota was 1996, abolished the Interstate Commerce (NIST). Commission and transferred certain functions to the substantially complete within the Surface Transportation Board (Board). This notice [FR Doc. 96–23803 Filed 9–16–96; 8:45 am] requirements of section 158.25 of Part relates to functions that are subject to Board BILLING CODE 4910±13±M 158. The FAA will approve or jurisdiction pursuant to 49 U.S.C. 11323–24. 49006 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices lines CSXT owns and currently leases to DePodesta, Daniel Sabin, and Robert T. [TDD for the hearing impaired: (202) NS, which extends from the western Schmidt—Control Exemption—Bangor and 927–5721]. Aroostook Railroad Company, Canadian end of the Middlesboro Yard, in SUPPLEMENTARY INFORMATION: Middlesboro, KY, between milepost American Railroad Company, Iowa Northern Railway Company, and The Northern Additional information is contained in CV–215 and milepost CV–217, and Vermont Railroad Company Incorporated and the Board’s decision. To purchase a includes two related branches, the Iron Road Railways Incorporated and Bangor copy of the full decision, write to, call, Bennett’s Fork Branch between milepost and Aroostook Acquisition Corporation— or pick up in person from: DC News & MR–216.1 near Queensbury, KY, and Control Exemption—Bangor and Aroostook Data, Inc., Room 2229, Surface milepost MR–221 near Motch, KY, and Railroad Company and Canadian American Transportation Board, 1201 Constitution the Stony Fork Branch between Railroad Company. Avenue, N.W., Washington, D.C. 20423. milepost MS–219 at Stony Fork AGENCY: Surface Transportation Board, Telephone: (202) 289–4357/4359. Junction, KY, and milepost MS–221 DOT. [Assistance for the hearing impaired is near Pioneer, KY, including one mile of ACTION: Notice of exemptions. available through TDD services at (202) track leased to Bell County Coal 927–5721]. Corporation.2 The trackage rights were SUMMARY: The Board: (1) reopens Decided: September 12, 1996. to become effective on or after Finance Docket No. 32657 and grants an September 5, 1996. exemption allowing control by By the Board, Chairman Morgan, Vice This notice is filed under 49 CFR Chairman Simmons, and Commissioner Benjamin F. Collins, John F. DePodesta, Owen. 1180.2(d)(7). If the notice contains false Daniel Sabin, and Robert T. Schmidt Vernon A. Williams, or misleading information, the (Individual Petitioners) of the Bangor exemption is void ab initio. Petitions to and Aroostook Railroad Company, Secretary. revoke the exemption under 49 U.S.C. Canadian American Railroad Company, [FR Doc. 96–23856 Filed 9–16–96; 8:45 am] 10502(d) may be filed at any time. The and Iowa Northern Railway Company; BILLING CODE 4915±00±P filing of a petition to revoke will not and (2) grants an exemption in STB stay the transaction. Finance Docket No. 32982 for the [STB Docket No. AB±167 (Sub-No. 1165X)] An original and 10 copies of all Individual Petitioners’ and Iron Road pleadings, referring to STB Finance Railways Incorporated’s continuance in Consolidated Rail CorporationÐ Docket No. 33075, must be filed with control of The Northern Vermont Abandonment ExemptionÐ in St. the Surface Transportation Board, Office Railroad Company Incorporated (NV), Joseph County, IN of the Secretary, Case Control Branch, upon NV’s becoming a Class III rail 1201 Constitution Avenue, N.W., carrier, subject to labor protective Consolidated Rail Corporation Washington, DC 20423 and served on: conditions. NV filed a notice of (Conrail) has filed a notice of exemption John W. Humes, Jr., CSX Transportation, under 49 CFR 1152 Subpart F—Exempt exemption in STB Finance Docket No. ± Inc., 500 Water Street, J–150, 32981 to acquire from Canadian Pacific Abandonments to abandon a 2.0 -mile Jacksonville, FL 32202. Limited, doing business as CP Rail portion of its line of railroad known as As a condition to this exemption, any the Plymouth Industrial Track between System, approximately 86.41 miles of ± employees affected by the trackage rail line located in Franklin, Orleans, railroad milepost 179.00 and railroad rights will be protected by the Caledonia, and Orange Counties, VT.2 milepost 181.00+ in St. Joseph, IN. conditions imposed in Norfolk and Consummation of that transaction is Conrail has certified that: (1) No local Western Ry. Co.—Trackage Rights—BN, contingent upon our exemption of the traffic has moved over the line for at 354 I.C.C. 605 (1978), as modified in continuance in control transaction. least 2 years; (2) no overhead traffic has moved over the line for at least 2 years; Mendocino Coast Ry., Inc.—Lease and DATES: These exemptions will be Operate, 360 I.C.C. 653 (1980). effective on September 27, 1996. (3) no formal complaint filed by a user of rail service on the line (or by a state Decided: September 10, 1996. Petitions to stay must be filed or local government entity acting on By the Board, David M. Konschnik, September 23, 1996. Petitions to reopen behalf of such user) regarding cessation Director, Office of Proceedings. must be filed by October 7, 1996. of service over the line either is pending Vernon A. Williams, ADDRESSES: Send pleadings, referring to with the Board or with any U.S. District Secretary. STB Finance Docket No. 32982 and/or Court or has been decided in favor of [FR Doc. 96–23779 Filed 9–16–96; 8:45 am] Finance Docket No. 32657 to: (1) Office complainant within the 2-year period; BILLING CODE 4915±00±P of the Secretary, Case Control Branch, and (4) the requirements at 49 CFR Surface Transportation Board, 1201 1105.7 (environmental reports), 49 CFR Constitution Avenue, N.W., 1105.8 (historic reports), 49 CFR [STB Finance Docket No. 32982; Washington, D.C. 20423; and (2) David 1105.11 (transmittal letter), 49 CFR Finance Docket No. 32657] A. Hirsh, Harkins Cunningham, Suite 1105.12 (newspaper publication), and 600, 1300 19th Street, N.W., Notice of Exemptions 49 CFR 1152.50(d)(1) (notice to Washington, D.C. 20036. governmental agencies) have been met. In the Matter of: Iron Road Railways FOR FURTHER INFORMATION CONTACT: As a condition to this exemption, any Incorporated, Benjamin F. Collins, John F. Joseph H. Dettmar, (202) 927–5660. employee adversely affected by the abandonment shall be protected under 2 NS is granting trackage rights over the same rail on December 29, 1995, and took effect on January Oregon Short Line R. Co.— lines CSXT leases to NS except for the trackage 1, 1996, abolished the Interstate Commerce between milepost CV–217 and milepost CV–219.5 Commission and transferred certain functions to the 1 in the vicinity of the Middlesboro Yard, which The ICC Termination Act of 1995, Pub. L. No. Surface Transportation Board (Board). This notice 104–88, 109 Stat. 803, which was enacted on CSXT does not require for its operations. See relates to functions that are subject to Board Norfolk Southern Railway Company—Lease December 29, 1995, and took effect on January 1, jurisdiction pursuant to 49 U.S.C. 10502 and 1996, abolished the Interstate Commerce Exemption—CSX Transportation, Inc., STB Finance 11323–27. Docket No. 32923 (STB served Aug. 6, 1996). Commission and transferred certain functions to the 2 The notice of exemption was filed on June 7, Surface Transportation Board (Board). This notice 1 The ICC Termination Act of 1995, Pub. L. No. 1996, and was scheduled to become effective 7 days relates to functions that are subject to the Board’s 104–88, 109 Stat. 803 (ICCTA), which was enacted later. jurisdiction pursuant to 49 U.S.C. 10903. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices 49007

Abandonment—Goshen, 360 I.C.C. 91 conditions will be imposed, where 17, 1996, unless stayed pending (1979). To address whether this appropriate, in a subsequent decision. reconsideration. Petitions to stay that do 2 condition adequately protects affected Decided: September 9, 1996. not involve environmental issues, employees, a petition for partial By the Board, David M. Konschnik, formal expressions of intent to file an 3 revocation under 49 U.S.C. 10502(d) Director, Office of Proceedings. OFA under 49 CFR 1152.27(c)(2), and must be filed. Vernon A. Williams, trail use/rail banking requests under 49 4 Provided no formal expression of Secretary. CFR 1152.29 must be filed by intent to file an offer of financial September 27, 1996. Petitions to reopen [FR Doc. 96–23777 Filed 9–16–96; 8:45 am] assistance (OFA) has been received, this or requests for public use conditions exemption will be effective on October BILLING CODE 4915±00±P under 49 CFR 1152.28 must be filed by 17, 1996, unless stayed pending October 7, 1996, with: Office of the reconsideration. Petitions to stay that do [STB Docket No. AB±167 (Sub-No. 1167X)] Secretary, Case Control Branch, Surface not involve environmental issues,2 Transportation Board, 1201 Constitution formal expressions of intent to file an Consolidated Rail CorporationÐ Avenue, N.W., Washington, DC 20423. OFA under 49 CFR 1152.27(c)(2),3 and Abandonment ExemptionÐin Marion A copy of any petition filed with the trail use/rail banking requests under 49 County, IN Board should be sent to applicant’s 4 CFR 1152.29 must be filed by Consolidated Rail Corporation representative: John J. Paylor, Associate September 27, 1996. Petitions to reopen (Conrail) has filed a notice of exemption General Counsel, Consolidated Rail or requests for public use conditions under 49 CFR 1152 Subpart F—Exempt Corporation, 2001 Market Street - 16A, under 49 CFR 1152.28 must be filed by Abandonments to abandon a 1.55-mile Philadelphia, PA 19101–1416. October 7, 1996, with: Office of the portion of its line of railroad known as If the verified notice contains false or Secretary, Case Control Branch, Surface the Arlington Avenue Industrial Track misleading information, the exemption Transportation Board, 1201 Constitution between railroad milepost -0.90± and is void ab initio. Avenue, N.W., Washington, DC 20423. ± railroad milepost 0.65 in Marion Conrail has filed an environmental A copy of any petition filed with the County, IN. report which addresses the Board should be sent to applicant’s Conrail has certified that: (1) No local abandonment’s effects, if any, on the representative: John J. Paylor, Associate traffic has moved over the line for at environment and historic resources. The General Counsel, Consolidated Rail least 2 years; (2) no overhead traffic has Section of Environmental Analysis Corporation, 2001 Market Street—16A, moved over the line for at least 2 years; (SEA) will issue an environmental Philadelphia, PA 19101–1416. (3) no formal complaint filed by a user assessment (EA) by September 20, 1996. If the verified notice contains false or of rail service on the line (or by a state Interested persons may obtain a copy of misleading information, the exemption or local government entity acting on the EA by writing to SEA (Room 3219, is void ab initio. behalf of such user) regarding cessation Surface Transportation Board, Conrail has filed an environmental of service over the line either is pending Washington, DC 20423) or by calling report which addresses the with the Board or with any U.S. District Elaine Kaiser, Chief of SEA, at (202) abandonment’s effects, if any, on the Court or has been decided in favor of 927–6248. Comments on environmental environment and historic resources. The complainant within the 2-year period; and historic preservation matters must Section of Environmental Analysis and (4) the requirements at 49 CFR be filed within 15 days fter the EA (SEA) will issue an environmental 1105.7 (environmental reports), 49 CFR becomes available to the public. assessment (EA) by September 20, 1996. 1105.8 (historic reports), 49 CFR Interested persons may obtain a copy of 1105.11 (transmittal letter), 49 CFR Environmental, historic preservation, the EA by writing to SEA (Room 3219, 1105.12 (newspaper publication), and public use, or trail use/rail banking Surface Transportation Board, 49 CFR 1152.50(d)(1) (notice to conditions will be imposed, where Washington, DC 20423) or by calling governmental agencies) have been met. appropriate, in a subsequent decision. Elaine Kaiser, Chief of SEA, at (202) As a condition to this exemption, any Decided: September 9, 1996. 927–6248. Comments on environmental employee adversely affected by the By the Board, David M. Konschnik, and historic preservation matters must abandonment shall be protected under Director, Office of Proceedings. be filed within 15 days after the EA Oregon Short Line R. Co.— Vernon A. Williams, becomes available to the public. Abandonment—Goshen, 360 I.C.C. 91 Secretary. Environmental, historic preservation, (1979). To address whether this [FR Doc. 96–23778 Filed 9–16–96; 8:45 am] public use, or trail use/rail banking condition adequately protects affected BILLING CODE 4915±00±P employees, a petition for partial 2 The Board will grant a stay if an informed revocation under 49 U.S.C. 10502(d) 2 The Board will grant a stay if an informed decision on environmental issues (whether raised must be filed. decision on environmental issues (whether raised by a party or by the Board’s Section of Provided no formal expression of by a party or by the Board’s Section of Environmental Analysis in its independent intent to file an offer of financial Environmental Analysis in its independent investigation) cannot be made before the investigation) cannot be made before the exemption’s effective date. See Exemption of Out- assistance (OFA) has been received, this exemption’s effective date. See Exemption of Out- of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any exemption will be effective on October request for a stay should be filed as soon as possible of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before 1 The ICC Termination Act of 1995, Pub. L. No. so that the Board may take appropriate action before the exemption’s effective date. 104–88, 109 Stat. 803, which was enacted on 3 See Exempt. of Rail Abandonment—Offers of December 29, 1995, and took effect on January 1, the exemption’s effective date. Finan. Assist., 4 I.C.C.2d 164 (1987). 1996, abolished the Interstate Commerce 3 See Exempt. of Rail Abandonment—Offers of 4 The Board will accept late-filed trail use Commission and transferred certain functions to the Finan. Assist., 4 I.C.C.2d 164 (1987). requests so long as the abandonment has not been Surface Transportation Board (Board). This notice 4 The Board will accept late-filed trail use consummated and the abandoning railroad is relates to functions that are subject to the Board’s requests so long as the abandonment has not been willing to negotiate an agreement. jurisdiction pursuant to 49 U.S.C. 10903. consummated and the abandoning railroad is willing to negotiate an agreement. 49008

Corrections Federal Register Vol. 61, No. 181

Tuesday, September 17, 1996

This section of the FEDERAL REGISTER Wednesday, July 31, 1996, make the ‘‘Dated: August 24, 1996’’ should read contains editorial corrections of previously following correction: ‘‘Dated: July 24, 1996’’. published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are 219.702 [Corrected] BILLING CODE 1505±01±D prepared by the Office of the Federal On page 39900, in the third column, Register. Agency prepared corrections are in the heading of section 219.702, DEPARTMENT OF THE INTERIOR issued as signed documents and appear in remove ‘‘and’’. the appropriate document categories elsewhere in the issue. BILLING CODE 1505±01±D Bureau of Land Management 43 CFR Part 2560 DEPARTMENT OF HEALTH AND DEFENSE OF DEFENSE HUMAN SERVICES RIN 1004-AC90

48 CFR Part 219 Statement of Organization, Functions Alaska Occupany and Use; Alaska and Delegations of Authority; Homestead Settlement [DFARS Case 96-D304] Assistant Secretary for Management and Budget Correction Defense Federal Acquisition Correction Final Rule document 96-22704 was Regulation Supplement; inadvertently published in the Proposed Comperhensive Subcontracting Plans In notice document 96–21360 beginning on page 43363 in the issue of Rules section of the issue of Tuesday, Correction Thursday, August 22, 1996 make the September 10, 1996, beginning on page following correction: 47724. It should have appeared in the In rule document 96–19413 beginning On page 43365, in the third column, Rules and Regulations section. on page 39900 in the issue of above the signature ‘‘John J. Callahan’’, BILLING CODE 1505±01±D federal register September 17,1996 Tuesday Rule Companies; RuleAmendment;Proposed Multiple ClassandSeriesInvestment 17 CFRPart270 Rules Management InvestmentCompanies;Final Registered andCertainOpen-End 17 CFRPart200,etal. Commission Exchange Securities and Part II 49009 49010 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

SECURITIES AND EXCHANGE pay for the distribution of fund shares.1 the Commission to clarify how the COMMISSION The amendment provides that a plan to amended rule would apply to a newly use fund assets to pay for the created series or class of shares of an 17 CFR Parts 200, 239 and 270 distribution of fund shares (a ‘‘rule 12b– existing fund.6 The commenters [Release No. IC±22201; File No. S7±2±96] 1 plan’’) adopted prior to a fund’s initial suggested that a series or class that had public offering does not have to be not been publicly offered should be RIN 3235±AG59 approved by the fund’s shareholders. treated in the same manner as a fund The Commission received four that had not been publicly offered. The Technical Amendments to Rule comments in response to the proposal, Commission agrees. If an existing fund Relating to Payments for the all supporting the amendment.2 that already offers its shares to the Distribution of Shares by a Registered Shareholder approval of a rule 12b–1 public adds a new series or class subject Open-End Management Investment plan is unnecessary when the plan is to a rule 12b–1 plan, approval of the Company adopted prior to a fund’s initial public plan by shareholders of the new series AGENCY: Securities and Exchange offering. Under these circumstances, the or class is not required prior to any Commission. shareholders voting typically are public offering of the shares of that series or class. This interpretation is ACTION: Final rule. comprised of persons involved in organizing the fund (i.e., the fund’s consistent with the approach that the SUMMARY: The Commission is adopting investment adviser or its affiliates). Commission has taken with respect to a technical amendment to the rule Shareholder approval, therefore, is series funds.7 In addition, rule 12b–1 under the Investment Company Act of virtually automatic, mechanical, and specifically provides that a plan that 1940 that governs the use of assets of offers no significant protection to the covers more than one class of shares registered open-end management fund’s shareholders. Rule 12b–1 must be severable for each class, and investment companies (‘‘funds’’) to pay requires a rule 12b–1 plan to be that whenever action is required to be for the distribution of fund shares. The approved by a majority of the fund’s taken with respect to a class, that action amendment provides that a plan to use board of directors, including a majority must be taken separately for each class.8 fund assets to pay for the distribution of of the independent directors, prior to II. Technical Corrections fund shares adopted prior to a fund’s the plan’s implementation.3 In addition, initial public offering does not have to investors purchasing shares in a fund’s The Commission is making a be approved by shareholders. Because initial public offering, in effect, ‘‘vote technical correction to paragraph the fund’s directors must approve the with their dollars’’ to accept the fund’s (a)(8)(ii)(B) of rule 30–5, Delegation of Authority to Director of Division of plan, and investors that buy their shares rule 12b–1 plan since the terms of the 9 in the fund’s public offering, in effect, plan, and its effects on fund expenses, Investment Management. That ‘‘vote with their dollars’’ to accept the are disclosed in the fund’s prospectus.4 paragraph currently contains a reference plan, shareholder approval of the plan The amended rule requires to paragraphs (a)(9)(i) (A) and (C) of rule prior to the fund’s public offering is not shareholder approval of a rule 12b–1 30–5. There are no such paragraphs in necessary. plan that is adopted after a fund’s initial the rule. The reference instead should be to paragraphs (a)(8)(i) (A) and (C) of EFFECTIVE DATE: The rule amendments public offering. Shareholder approval also is required for a rule 12b–1 plan will become effective October 17, 1996. and their affiliated persons. See Proposing Release, FOR FURTHER INFORMATION CONTACT: adopted prior to a public offering when supra note 1, at n.6. Consistent with the intent of Marilyn K. Mann, Senior Counsel, or fund shares have been sold to persons the amendment and a commenter’s Kenneth J. Berman, Assistant Director, other than those involved in organizing recommendation, the adopted amendment also the fund.5 Two commenters requested refers to the fund’s promoter and its affiliated at (202) 942–0690, Office of Regulatory persons. See Section 2(a)(30) of the Investment Policy, Division of Investment Company Act [15 U.S.C. 80a–2(a)(30)] (defining 1 Management, 450 Fifth Street, NW., The Commission proposed this amendment on promoter as a person who, alone or acting in January 5, 1996. Distribution of Shares by concert, initiates or directs the organization of a Mail Stop 10–2, Washington, DC 20549. Registered Open-End Management Investment fund). Requests for formal interpretive advice Company, Investment Company Act Release No. 6 Funds often organize themselves as series funds should be directed to the Office of Chief 21660 (Jan. 5, 1996) [61 FR 1313 (Jan. 19, 1996)] and offer investors an opportunity to invest in one Counsel at (202) 942–0659, Division of [hereinafter Proposing Release]. or more ‘‘portfolios’’ each of which has a specific 2 The commenters were the Subcommittee on investment objective. The fund will offer a series of Investment Management, Securities and Investment Companies and Investment Advisers, shares that represents an interest in the portfolio in Exchange Commission, 450 Fifth Street, Committee on Federal Regulation of Securities, which the investor desires to participate. A fund, NW., Mail Stop 10–6, Washington, DC Section of Business Law, American Bar Association; or a portfolio of a fund, also may offer different 20549. the Investment Company Institute; Bank One classes of shares that have different distribution and Corporation; and Capital Research and Management shareholder service arrangements. See rule 18f–3 SUPPLEMENTARY INFORMATION: The Company. under the Investment Company Act [17 CFR Commission is adopting a technical 3 Rule 12b–1(b)(2) [17 CFR 270.12b–1(b)(2)]. The 270.18f–3]. amendment to rule 12b–1 [17 CFR fund’s board also must approve the continuation of 7 See Exemption for Open-End Management 270.12b–1] under the Investment the plan at least annually. Rule 12b–1(b)(3)(i) [17 Investment Companies Issuing Multiple Classes of CFR 270.12b–1(b)(3)(i)]. Shares; Disclosure by Multiple Class and Master- Company Act of 1940 [15 U.S.C. 80a] 4 Items 2 and 7 of Form N–1A under the Feeder Funds, Investment Company Act Release (the ‘‘Investment Company Act’’). The Securities Act of 1933 and the Investment Company No. 19955 (Dec. 15, 1993) [58 FR 68074 (Dec. 23, Commission also is making technical Act [17 CFR 239.15A and 274.11A]. In addition, 1993)] at n.53 (rule 12b–1 has been interpreted to corrections to rule 30–5 [17 CFR rule 12b–1 requires fund shareholders to approve treat each series of a fund as a separate fund). See any changes in the rule 12b–1 plan that would also rule 18f–2 under the Investment Company Act 200.30–5] and Form N–14 [17 CFR materially increase the amount of the asset-based [17 CFR 270.18f–2] (requiring the shareholders of 239.23]. sales load and gives shareholders the right to the series affected by the matter to vote on that terminate the plan at any time. Rule 12b–1(b)(3)(iii) matter); Item 22 of Schedule 14A under the I. Discussion and (4) [17 CFR 270.12b–1(b)(3)(iii) and (4)]. Securities Exchange Act of 1934 [17 CFR 240.14a– The Commission is adopting a 5 This provision addresses funds that adopt a rule 101] (defining a fund for purposes of the 12b–1 plan following the sale of shares to persons Commission’s proxy rules as a registrant or a technical amendment to rule 12b–1 other than affiliates of the fund or its promoter separate series of a registrant). under the Investment Company Act, without engaging in a public offering. The proposed 8 Rule 12b–1(g) [17 CFR 270.12b–1(g)]. which governs the use of fund assets to amendment referred only to affiliates of the fund 9 17 CFR 200.30–5(a)(8)(ii)(B). Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49011 rule 30–5. The Commission also is List of Subjects in 17 CFR Parts 200, company, if adopted after any public making a technical correction to Item 239 and 270 offering of the company’s voting 16(10) of Form N–14.10 The last clause Authority delegations (Government securities or the sale of such securities of Item 16(10) currently includes the agencies), Investment companies, to persons who are not affiliated persons phrase ‘‘a meeting of the minutes.’’ That Reporting and recordkeeping of the company, affiliated persons of phrase should be ‘‘the minutes of the requirements, Securities. such persons, promoters of the meeting.’’ company, or affiliated persons of such Text of Rule and Form Amendments promoters; III. Cost/Benefit Analysis For the reasons set out in the * * * * * The amendment provides that a rule preamble, Title 17, Chapter II of the By the Commission. 12b–1 plan adopted prior to a fund’s Code of Federal Regulations is amended Dated: September 9, 1996. initial public offering does not have to as follows: Margaret H. McFarland, Deputy Secretary. be approved by shareholders. PART 200ÐORGANIZATION; Shareholder approval in these CONDUCT AND ETHICS; AND [FR Doc. 96–23439 Filed 9–16–96; 8:45 am] circumstances is unnecessary since the INFORMATION REQUESTS BILLING CODE 8010±01±P fund’s board of directors must approve the rule 12b–1 plan, and investors 1. The authority citation for part 200, participating in the fund’s initial public subpart A continues to read in part as SECURITIES AND EXCHANGE offering effectively ‘‘vote with their follows: COMMISSION dollars’’ to accept the plan. Under the Authority: 15 U.S.C. 77s, 78d–1, 78d–2, amended rule, funds are no longer 78w, 78ll(d), 79t, 77sss, 80a–37, 80b–11, 17 CFR Parts 239, 270, and 274 unless otherwise noted. required to undergo the perfunctory [Release Nos. 33±7328; IC±22202; File No. exercise of obtaining approval from * * * * * S7±8±95] persons who have supplied the fund 2. Section 200.30–5 is amended in with its initial capital prior to the fund’s paragraph (a)(8)(ii)(B) by removing the RIN 3235±AD18 initial public offering. cite ‘‘(a)(9)(i) (A) and (C)’’ and adding ‘‘(a)(8)(i) (A) and (C)’’. Exemption for Certain Open-End IV. Regulatory Flexibility Act Management Investment Companies to Certification PART 239ÐFORMS PRESCRIBED Impose Deferred Sales Loads UNDER THE SECURITIES ACT OF 1933 Pursuant to section 605(b) of the AGENCY: Securities and Exchange Regulatory Flexibility Act [5 U.S.C. 3. The authority citation for Part 239 Commission. 605(b)], the Chairman of the continues to read, in part, as follows: ACTION: Final rule. Commission certified, at the time that Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, SUMMARY: The Commission is adopting the proposed technical amendment to 77sss, 78c, 78l, 78m, 78n, 78o(d), 78w(a), amendments to the rule under the rule 12b–1 was published for public 78ll(d), 79e, 79f, 79g, 79j, 79l, 79m, 79n, 79q, Investment Company Act of 1940 that comment, that the amendment would 79t, 80a–8, 80a–29, 80a–30 and 80a–37, permits contingent deferred sales loads not, if adopted, have a significant unless otherwise noted. to be imposed on the shares of certain economic impact on a substantial * * * * * 4. Form N–14 [referenced in 17 CFR registered open-end management number of small entities. No comments investment companies (‘‘mutual funds’’ were received regarding the 239.23] is amended in the last clause of Item 16(10) by removing the phrase ‘‘a or ‘‘funds’’). The Commission also is certification. The amendment enables adopting amendments to the registration funds, including small entities, to forgo meeting of the minutes’’ and adding in its place ‘‘the minutes of the meeting’’. form for mutual funds, and publishing the minimal time and expense a staff guide to the registration form. Note: Form N–14 does not, and the associated with obtaining shareholder The rule amendments allow mutual approval of rule 12b–1 plans from amendment to Form N–14 will not, appear in the Code of Federal Regulations. funds to offer investors a wider variety persons who have supplied the fund of deferred sales loads, including with its initial capital prior to the fund’s PART 270ÐRULES AND installment loads, and eliminate certain initial public offering. REGULATIONS, INVESTMENT requirements in the rule. The form V. Statutory Authority COMPANY ACT OF 1940 amendments modify the requirements for disclosing deferred sales loads in The Commission is amending rule 5. The authority citation for part 270 mutual fund prospectuses to reflect the 12b–1 pursuant to the authority set forth continues to read, in part, as follows: changes made by the rule amendments. in sections 12(b) and 38(a) of the Authority: 15 U.S.C. 80a–1 et seq., 80a–37, EFFECTIVE DATE: The rule and form Investment Company Act [15 U.S.C. 80a–39 unless otherwise noted; amendments will become effective 12(b), 37(a)]. The Commission is making * * * * * October 17, 1996. 6. Section 270.12b–1 is amended by technical corrections to rule 30–5 FOR FURTHER INFORMATION CONTACT: pursuant to section 4A of the Securities revising paragraph (b)(1) to read as Nadya B. Roytblat, Assistant Chief, or Exchange Act of 1934 [15 U.S.C. 78d– follows: Kenneth J. Berman, Assistant Director, 1] (‘‘Exchange Act’’), and Form N–14 § 270.12b±1 Distribution of shares by at (202) 942–0690, Office of Regulatory pursuant to sections 6, 7, 8, 10 and 19(a) registered open-end management Policy, Division of Investment of the Securities Act of 1933 [15 U.S.C. investment company. Management, Securities and Exchange 77f, 77h, 77j and 77s(a)] and sections * * * * * Commission, 450 Fifth Street, N.W., 14(a), 14(c) and 23(a) of the Exchange (b) * * * Mail Stop 10–2, Washington, D.C. Act [15 U.S.C. 78n(a), 78n(c) and 78w]. (1) Such plan has been approved by 20549. Requests for formal interpretive a vote of at least a majority of the advice should be directed to the Office 10 17 CFR 239.23. outstanding voting securities of such of Chief Counsel at (202) 942–0659, 49012 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

Division of Investment Management, would be alternatives to existing load 1988 proposal in particular supported Securities and Exchange Commission, structures. installment loads as an option in paying 450 Fifth Street, N.W., Mail Stop 10–6, a sales charge.6 Some investors, for II. Background Washington, D.C. 20549. example, compared installment loads to The Commission is adopting front-end loads and preferred the former SUPPLEMENTARY INFORMATION: The amendments to rule 6c–10 under the as allowing them to defer the payment Commission is adopting amendments to Investment Company Act, the rule that of a sales charge; others compared rule 6c-10 [17 CFR 270.6c-10] under the permits CDSLs to be imposed on mutual installment loads to rule 12b–1 fees, and Investment Company Act of 1940 [15 fund shares. The amendments allow believed that installment loads U.S.C. 80a] (the ‘‘Investment Company funds to offer other types of deferred represent a more precise charge, as well Act’’ or the ‘‘Act’’), and to Form N–1A sales loads that may provide desirable as one that would be payable within a [17 CFR 239.15A, 274.11A] under the flexibility for both investors and funds. more definite term.7 The Commission is Securities Act of 1933 [15 U.S.C. 77a- Rule 6c–10 was adopted in February, adopting the amendments to rule 6c–10, 77aa] (the ‘‘Securities Act’’) and the 1995.1 The rule essentially codified the and modifying the prospectus Investment Company Act. The conditions in the nearly 300 exemptive disclosure requirements to reflect these Commission also is adopting a orders permitting CDSLs that had been comments as well as its continued study conforming amendment to rule 11a-3 issued by the Commission since 1981. A of deferred sales charges. [17 CFR 270.11a-3] under the CDSL is paid at redemption, but Investment Company Act. III. Discussion of Amendments to Rule declines to zero if the shares are held for 6c–10 Table of Contents a certain period of time. CDSLs typically are imposed in combination with an The amendments to rule 6c–10 allow I. Executive Summary asset-based distribution fee charged in back-end sales loads other than CDSLs, II. Background as well as loads payable during the term III. Discussion of Amendments to Rule 6c-10 accordance with rule 12b–1 under the Act (‘‘rule 12b–1 fee’’),2 an arrangement of a shareholder’s investment in a fund, A. Scope of the Amended Rule such as in installments. The B. Deferred Load Calculation commonly called a ‘‘spread load.’’ C. Deferred Loads on Reinvested Contemporaneously with the amendments remove certain Distributions adoption of rule 6c–10, the Commission requirements in the rule regarding the D. ‘‘No-Load’’ Labeling proposed amendments designed to way in which a load must be calculated, E. Rule 11a-3 allow greater flexibility in the types of as well as the current prohibition on IV. Discussion of Revised Disclosure deferred sales load structures offered to imposing deferred sales loads on shares Requirements investors, including loads payable in purchased through reinvested dividends A. Changes to the Fee Table and the installments.3 The Commission also and other distributions. The terms of Example any deferred sales load, however, must B. General Prospectus Disclosure proposed changes to the prospectus disclosure requirements for deferred be covered by the NASD Sales Charge C. Performance Data Rule.8 1. Total Return loads to complement the proposed 2. Yield changes to rule 6c–10. A. Scope of the Amended Rule D. Dealer Compensation Disclosure The Commission received letters from The rule as amended defines a V. Compliance Date three commenters, all of which strongly deferred sales load as any amount VI. Cost/Benefit Analysis 4 supported the proposed amendments. properly chargeable to sales or VII. Summary of the Regulatory Flexibility In addition, when rule 6c–10 was Analysis promotional expenses that is paid by a initially proposed in 1988 to allow shareholder after purchase but before or VIII. Statutory Authority various types of deferred sales charges, Text of Rule and Form Amendments upon redemption.9 The definition Appendix A—Illustration of Fee Table and the Commission received 33 comments, includes CDSLs as well as loads paid at Example including 19 comments from individual redemption whose amount may remain 5 Appendix B—Illustration of Fee Table and investors. Both in 1988 and in response the same or change over time in a Example to the proposed amendments, manner different from a CDSL, for commenters indicated that flexibility in I. Executive Summary deferred load structures would be 6 All but one of 19 letters from individual The Commission is adopting desirable for both funds and investors. investors favored installment loads. amendments to rule 6c–10 under the Individual investors commenting on the 7 Industry commenters also suggested that installment loads would offer greater certainty than Investment Company Act to remove CDSLs and spread load structures, thereby making 1 Exemption for Certain Open-End Management it easier for certain mutual fund sponsors to obtain certain restrictions on the types of Investment Companies to Impose Contingent financing for their distribution expenses. deferred sales loads that may be Deferred Sales Loads, Investment Company Act 8 imposed on the shares of mutual funds. Release No. 20916 (Feb. 23, 1995) [60 FR 11887 The NASD Sales Charge Rule prohibits NASD (Mar. 2, 1995)]. members from offering or selling shares of a mutual Rule 6c–10 currently permits only fund if the sales charges described in the fund’s 2 17 CFR 270.12b–1. contingent deferred sales loads prospectus are excessive. Aggregate sales charges 3 Exemption for Certain Open-End Management are deemed excessive under the Rule if they do not (‘‘CDSLs’’). A CDSL is paid at Investment Companies to Impose Deferred Sales redemption, but declines to zero if the conform to the specific provisions set forth in the Loads, Investment Company Act Release No. 20917 Rule. NASD Conduct Rules, Rule 2830(d) (1) and shares are held for a certain period of (Feb. 23, 1995) [60 FR 11890 (Mar. 2, 1995)] (2). time. The amendments allow sales [hereinafter Proposing Release]. 9 Paragraph (b)(3) of rule 6c–10 as amended. The charges paid upon redemption (‘‘back- 4 The commenters were the American Bar rule is not applicable to certain charges that may Association Subcommittee on Investment end loads’’) that differ from CDSLs (e.g., be imposed by a mutual fund to compensate the Companies and Investment Advisers, the law firm fund for the cost of redeeming shares and that are sales loads that do not decline to zero) of Davis Polk & Wardwell, and the Investment paid directly to the fund. See, e.g., rule 11a–3 under as well as loads paid after purchase Company Institute (‘‘ICI’’). the Act [17 CFR 270.11a–3(a)(7)] (defining a during the term of a shareholder’s 5 Exemptions for Certain Registered Open-End ‘‘redemption fee’’). The Commission staff has taken investment in a fund, for example, in Management Investment Companies to Impose the position that these charges may be imposed Deferred Sales Loads, Investment Company Act without the need for exemptive relief under the Act. installments (‘‘installment loads’’). Release No. 16619 (Nov. 2, 1988) [53 FR 45275 See, e.g., John P. Reilly & Associates (pub. avail. These new types of deferred sales loads (Nov. 19, 1988)]. July 12, 1979). Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49013 example, not decline to zero. The Sales Charge Rule. The Commission is, purchasing the shares,20 and facilitate definition also includes loads paid after however, limiting the amount of a investor comparisons of sales load purchase during the term of a deferred sales load to an amount not to structures. Unlike the current shareholder’s investment in a fund, exceed a specified percentage of the requirements, whereby fund such as in one or more installments that NAV of the fund’s shares at the time of underwriters bear the risk of a decrease may (or may not) be accelerated upon purchase.16 The effect of this provision in NAV (because the amount of the early redemption.10 would be to require that investors be deferred load is based on the lesser of Rule 6c–10 does not apply to given the benefit, if any, of deferring the the NAV at the time of purchase or insurance company separate accounts, load payment should there be an redemption), amended rule 6c–10 will which are permitted to deduct deferred increase in the shares’ NAV. permit fund underwriters to receive the 11 loads under an existing rule, or unit The Commission had proposed amount they would have received had investment trusts (‘‘UITs’’). While allowing a deferred load also to be based the sales load been charged at the time commenters generally supported on the higher of the NAV at the time of of purchase. extending the rule to UITs, they purchase or at the time the load is The amended rule does not require identified issues related to disclosure, paid.17 None of the commenters any particular method of collecting the method for calculating deferred specifically addressed the higher of installment loads. Installment load sales loads and the interplay of rules standard. Upon reconsideration of the payments could be collected, for 6c–10 and 11a–3 (the Investment issue, the Commission believes that example, out of distributions, by Company Act rule governing exchanges allowing the higher of standard would automatic redemptions, or through of fund shares) 12 that are unique to separate billing of an investor’s account. be inconsistent with the intent of the UITs. The Commission will continue to Different methods of collecting proposal and the approach the study these issues, consider installment load payments could result Commission has taken to deferred loads applications for exemptive orders 13 in different tax consequences for generally.18 Allowing the higher of and, if appropriate, propose investors.21 The method used, and any standard would leave investors amendments that would extend rule 6c– material tax consequences of such uncertain about the amount of the 10 to UITs. method, must be described in the fund’s deferred load they would pay and prospectus.22 B. Deferred Load Calculation significantly reduce their ability to Rule 6c–10 currently contains two compare the amounts they would pay C. Deferred Loads on Reinvested requirements relating to the calculation under different load structures. Distributions of CDSLs. Under the first requirement, Rule 6c–10, as amended, permits any Rule 6c–10 currently prohibits CDSLs a CDSL must be based on the lesser of deferred load in the amount not greater to be imposed on shares purchased the NAV of the shares at the time of than a specified percentage of the NAV through the reinvestment of dividends purchase or the NAV at the time of at the time of purchase.19 This approach or capital gains distributions.23 The redemption.14 Under the second is consistent with existing deferred load Commission proposed to delete this requirement, in a partial redemption, structures, and will permit deferred prohibition from the rule. The the CDSL must be calculated by treating loads to be charged on the same basis as Commission reasoned, and the as redeemed, first shares not subject to front-end loads. This approach also will commenters agreed, that this a load, and second other shares as if assure that investors receive the benefit prohibition is unnecessary so long as a redeemed in the order they were of any growth in the NAV subsequent to fund appropriately discloses the manner purchased.15 in which loads are assessed and so long The Commission is eliminating both 16 The deferred load amount will be specified by as mutual fund sales loads are subject to of these requirements and deferring to the fund in its prospectus. See infra section IV.A. the limits in the NASD Sales Charge the NASD to address these matters in its 17 For example, if a shareholder makes a $1000 Rule. The prohibition has been deleted investment that subsequently increases in value to $2,000 by the time the shareholder redeems his from the rule as amended. 10 The NASD Sales Charge Rule currently governs shares, a 3% deferred load based on the higher of The NASD Sales Charge Rule only deferred loads ‘‘deducted from the proceeds of standard would result in the shareholder paying a currently does not cover deferred loads the redemption of shares by an investor.’’ NASD $60 deferred load (3% of $2,000), which is 6% of on reinvested dividends, nor loads on Conduct Rules, Rule 2830(b)(8)(B). A deferred load the initial $1,000 investment. paid other than upon redemption (e.g., an reinvested capital gains distributions or 18 See, e.g., Exemptive Relief for Separate installment load) would fall outside the current Accounts to Impose A Deferred Sales Load on definition and would not be covered by the Rule. 20 Variable Annuity Contracts Participating in Such Industry representatives have suggested that Therefore, such a load could not be imposed until Accounts and to Deduct from Such Contracts in the principal benefit of a deferred sales load is that the NASD Sales Charge Rule is amended to cover Certain Instances an Annual Fee for Administrative it allows all of an investor’s funds to ‘‘go to work’’ it. The Commission staff has requested the NASD Services That is Not Prorated, Investment Company immediately rather than being deducted to pay to review its Sales Charge Rule in light of the Act Release No. 13048 (Feb. 28, 1983) [48 FR 9532, sales charges. If the deferred sales load is based on amendments to rule 6c–10. 9534 (Mar. 7, 1983)] (adopting rule 6c–8 and noting the NAV at the time of payment, and the NAV has 11 Rule 6c–8 under the Act [17 CFR 270.6c–8]. that a deferred load is intended to reimburse the increased because of investment gains, any benefit 12 17 CFR 270.11a–3. same expenses as a front-end load). that would have inured to the investor as a result 13 See, e.g., Merrill Lynch, Pierce, Fenner & 19 Paragraph (a)(1) of rule 6c–10 as amended. The of deferring the load payment would be collected Smith, Inc., Investment Company Act Release Nos. requirement that the deferred load amount not by the fund’s distributor when the load is paid. 13801 (Feb. 29, 1984) [49 FR 8512 (Mar. 7, 1984)] exceed a ‘‘specified percentage’’ of the NAV at the 21 Commenters have pointed out, for example, (Notice of Application) and 13848 (Mar. 27, 1984) time of purchase does not mean that the load may that payment through automatic redemptions [30 SEC Docket 192] (Order), and 15120 (May 29, not be based on a percentage of the NAV at the time would mean that a shareholder might incur a 1986) [51 FR 20389 (June 4, 1986)] (Notice of the load is paid, even if the NAV at the time the capital gain or loss on each such redemption; if Application) and 15167 (June 24, 1986) [35 SEC load is paid is greater than the NAV at the time of additional shares then were purchased by the Docket 1735] (Order); PaineWebber, Inc., purchase. The total amount of the load paid by an shareholder within 30 days of the automatic Investment Company Act Release Nos. 20755 (Dec. investor, however, could not exceed the amount redemption, any capital loss might be disallowed 6, 1994) [59 FR 64003 (Dec. 12, 1994)] (Notice of represented by the specified percentage of the under the ‘‘wash sale’’ rule contained in the Application) and 20819 (Jan. 4, 1995) [58 SEC shares’ offering price. Thus, if the final installment Internal Revenue Code. See, e.g., Letter from the ICI Docket 1504] (Order) (allowing UITs to impose of an installment load would result in the investor to Jonathan G. Katz, Secretary, SEC (Jan. 9, 1989), deferred sales loads payable in installments). paying more than the amount permitted by the rule, File No. S7–8–95. 14 Rule 6c–10(a)(1) [17 CFR 270.6c–10(a)(1)]. the amount of the final installment would have to 22 See infra section IV.A. 15 Rule 6c–10(a)(3) [17 CFR 270.6c–10(a)(3)]. be reduced accordingly. 23 Rule 6c–10(a)(2) [17 CFR 270.6c–10(a)(2)]. 49014 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations returns of capital.24 Under amended rule The Commission is adopting the Commission proposed to replace most 6c–10, therefore, deferred loads may not conforming amendment.28 of the current wording inside the be imposed on shares purchased with parentheses following the words IV. Discussion of Revised Disclosure reinvested distributions unless and until ‘‘Deferred Sales Load’’ with a blank, Requirements the NASD amends its Sales Charge Rule requiring funds to insert the appropriate to address this issue. Should the NASD The Commission is tailoring the description of the basis on which the Sales Charge Rule be so amended, the prospectus disclosure requirements load is computed. The Commission is prospectus disclosure requirements will applicable to deferred sales loads in adopting this amendment.29 The require deferred sales charges on shares light of the changes to rule 6c–10 Commission also is amending purchased with reinvested dividends discussed above. These modifications Instruction 14(f) to Item 2 of Form N– and other distributions to be disclosed relate to the disclosure of deferred sales 1A to require deferred loads other than in fund prospectuses.25 loads in the fee table and the example CDSLs to be reflected in the Example as in the front of fund prospectuses. The well.30 D. ‘‘No-Load’’ Labeling modifications also relate to the general In addition, as suggested by a The NASD Sales Charge Rule prospectus disclosure about the deferred commenter, the Commission is expressly prohibits NASD members and load calculation and payment. Finally, clarifying that any deferred sales load, their associated persons from describing the amendments address the manner in whether based on the offering price or a mutual fund as ‘‘no load’’ or as having which deferred sales loads are required on the NAV, be shown in the fee table ‘‘no sales charge’’ if the fund imposes a to be reflected in calculations of fund as a percentage of the offering price. front-end load, a back-end load, or a performance data. This is the same basis on which front- 31 rule 12b–1 and/or service fee that A. Changes to the Fee Table and the end loads are presented. This exceeds .25% of average net assets per Example presentation is intended to enable 26 investors to better compare sales loads year. When adopting rule 6c–10, the The front part of every mutual fund Commission concluded that it was (whether front-end or deferred), since prospectus is required to contain a fee the percentage will be based on the unnecessary to retain the provision in table—a tabular presentation of the the proposed rule which contained a same amount (the offering price). transactional expenses paid by an When a combination of sales loads is similar ‘‘no-load’’ labeling prohibition investor, such as sales loads, and the imposed on a fund’s shares (e.g., a 1% for a fund whose shares are subject to annual fund operating expenses, such as front-end and a 5% deferred load), the a CDSL. The prohibition similarly is management and any rule 12b–1 fees. fee table is required to include a unnecessary for funds whose shares are The fee table is followed by an example ‘‘Maximum Sales Load’’ line showing subject to deferred loads other than that sets forth the cumulative amount of the cumulative percentage of those CDSLs under today’s amendments to various fund expenses over one, three, charges; the terms of the particular sales rule 6c–10. If the NASD amends its five and ten year periods based on a charges comprising that figure must be Sales Charge Rule to permit installment hypothetical investment of $1000 and shown on separate lines underneath the loads, the Commission anticipates that an annual 5% return (‘‘Example’’). The ‘‘Maximum Sales Load’’ line. This the NASD would address the Example was intended to provide a format is designed to enable investors to applicability of its ‘‘no-load’’ labeling relatively straight-forward means for better appreciate the cumulative effect policy to funds whose shares are subject investors to compare the expense levels of the sales charges and compare one to such loads. The Commission of funds with different fee structures fund’s sales charges to another’s. reiterates that it would be misleading over varying time periods. Finally, as proposed, the Commission is and a violation of the federal securities The fee table requirements in Item 2 allowing funds to include within the laws for a mutual fund whose shares are of Form N–1A, among other things, larger fee table a tabular presentation of subject to a deferred sales load to be currently require a line showing the the schedule of a deferred sales load, held out to the public as a no-load maximum sales load imposed on 32 27 including installment payments. fund. purchases (i.e., a front-end load) and a E. Rule 11a–3 separate line showing any deferred sales 29 The ‘‘Deferred Sales Load’’ line also is load based on the purchase price or redesignated ‘‘Maximum Deferred Sales Load.’’ The Commission requested comment redemption proceeds. The fee table 30 Amended Instruction 14(f) to Item 2 also whether the definition of deferred sales requires a deferred load that is calculated based on currently does not contemplate deferred the shares’ NAV at the time the load is paid to be load in rule 11a–3 under the Investment loads payable other than upon based on an account value that incorporates the 5% Company Act, governing exchanges of redemption (e.g., in installments) and annual return for each year during the period. fund shares, should be amended to based on a share price or NAV other Under amended rule 6c–10, a deferred load may be correspond expressly with the proposed calculated based on the NAV at the time the load than that at purchase or redemption is paid, even if the NAV at the time the load is paid definition in rule 6c–10. Commenters (i.e., at the time an installment is paid). is greater than the NAV at the purchase, provided favored amending the definition in rule Similarly, Instructions to the Example the total amount of the deferred load paid by an 11a–3 to avoid any confusion over the currently refer only to CDSLs. investor does not exceed the amount represented by interaction of rules 6c–10 and 11a–3. the specified percentage of the offering price. See The Commission proposed to amend supra note 19. the deferred sales load line in the fee 31 A fund that calculates its deferred load on the 24 A return of capital generally occurs when a table so that the total installment load basis of the NAV at the time of purchase that does fund’s distribution exceeds the fund’s aggregate or the maximum contingent deferred not equal the offering price (i.e., a fund with a front- amount of undistributed net taxable income and net load (expressed as a percentage) would end load), should explain in the prospectus, in realized capital gains. See Determination, response to new Item 7(g) of Form N–1A, that the Disclosure, and Financial Statement Presentation of be shown there. Specifically, the load amount paid by investors is the same even Income, Capital Gain, and Return of Capital though the percentage amount used in load Distributions by Investment Companies, American 28 Paragraph (a)(3) of rule 11a–3 as amended. 17 calculations is different from that shown in the fee Institute of Certified Public Accountants, Statement CFR 270.11a–3. Commenters also suggested other, table. of Position 93–2, 8 (Feb. 1, 1993). substantive amendments to rule 11a–3. The 32 As currently required by Instruction 1 to the fee 25 See infra section IV.B. Commission will continue to study the issues raised table, a fund also must provide a reference 26 NASD Conduct Rules, Rule 2830(d)(3). by the commenters and consider them in the following the fee table to the discussion of any 27 See Proposing Release, supra note , at 11893. context of a separate proposal. scheduled sales load variations and other Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49015

With regard to loads on shares amount of the load paid by the investor formula (the ‘‘gross-up’’ approach). purchased with reinvested distributions, is the same. Under the second approach, a thirty-day the fee table currently includes a line If a deferred load is charged on shares percentage amount of an installment showing the ‘‘Maximum Sales Load on acquired through reinvested dividends load would be included as an expense Reinvested Dividends (as a percentage or other distributions, Item 7(g) requires in calculating the yield formula (similar of the offering price).’’ The current a statement to that effect, but it does not to the manner in which rule 12b–1 fees format does not contemplate deferred require this disclosure if the fund does are treated). This method would loads on reinvested capital gains not charge such a load. Item 7(g) also understate the yield for those distributions and returns of capital, nor requires an explanation of the way(s) in shareholders that have completed loads based on a price other than the which a shareholder may be required to paying the installment load.36 offering price. The Commission is pay an installment load, such as through Commenters believed that installment modifying this line in the fee table to the withholding of dividend payments, loads should not be reflected in yield read ‘‘Maximum Sales Load on involuntary redemptions, or separate calculations, but that performance data Reinvested Dividends [and other billing of an investor’s account. Because should be accompanied by disclosure of Distributions]’’ and is replacing most of different methods of collecting load the existence of an installment load the current wording in the parenthetical payments could carry different potential pursuant to rule 482(a)(6) under the with a blank. A fund that charges a tax consequences for investors, the Securities Act. The Commission, deferred load on shares purchased with Commission also is publishing a however, has determined that reinvested capital gains distributions or revision to staff Guide 30 of the installment loads should be reflected in returns of capital would include the Guidelines for Form N–1A to require fund yield calculations, and that the bracketed words in the caption. Funds funds to describe briefly in the ‘‘gross-up’’ approach is the most will fill in the blank in the parenthetical prospectus any material tax appropriate way to do so. The fixed with the basis on which the load is consequences for investors related to an percentage amounts of installment computed. A conforming amendment is installment load.34 loads, and the certainty that the load made to Instruction 14(d) regarding C. Performance Data will be paid, suggest similarity to front- disclosure in the Example of deferred end loads. Installment loads also are sales loads on shares purchased with 1. Total Return assessed on the shareholder account reinvested distributions. The Commission is amending level, rather than deducted from fund An illustration of fee table disclosure Instruction 1 to Item 22(b)(i) of Form N– assets as is the case for rule 12b–1 fees. reflecting the amendments adopted 1A, as proposed, to require deferred Therefore, new Instruction 10 is added today, and suggested calculation sales loads to be included in to Item 22(b)(ii) of Form N–1A to methodologies for the Example, appear calculations of advertised total return require installment loads to be reflected as Appendices A and B to this Release. data. The amendment requires the in the yield calculations based on the B. General Prospectus Disclosure calculation to be based on the deduction gross-up approach. of the maximum amount of a deferred As proposed, the Commission is D. Dealer Compensation Disclosure sales load at the times, in the amounts, amending prospectus disclosure and under the terms disclosed in the Deferred sales charges are used to pay requirements concerning the way in prospectus. for a fund’s sales or promotional which a specific fund’s deferred sales expenses, including commissions to load is imposed and computed.33 New 2. Yield persons who sell fund shares. The Item 7(g) of Form N–1A covers many CDSLs currently are not included in amount of commissions paid from front- operational details that have been advertised yield calculations. Under end sales loads and rule 12b–1 fees mandatory for all funds under current existing rule 482(a)(6) under the currently is required to be disclosed in rule 6c–10 but are now subject to greater Securities Act, however, advertisements fund prospectuses.37 The Commission flexibility under the amendments. These containing yield data must disclose the requested comment whether it should details include the price on which the maximum amount of a CDSL, state that amend Item 7(b)(iv) of Form N–1A to load is based, whether deferred sales the performance figures do not reflect require funds that impose deferred sales loads may be imposed on shares the load and that, if reflected, the load loads to provide disclosure about the acquired through reinvested would reduce the quoted commissions comparable to that now distributions, and the way in which the performance.35 In addition, rule 12b–1 provided by funds with front-end loads. load is calculated. In a change from the fees that usually accompany CDSLs are Alternatively, the Commission proposal, a deferred load calculated required to be included in the requested comment whether proposed based on the offering price or the NAV numerator in the yield formula in Item new Item 7(g) of Form N–1A should be at the time of purchase must be 22(b)(ii) of Form N–1A as expenses, and modified to require this disclosure. presented both as a percentage of the thereby reflected in the yield data. The Commenters generally opposed any offering price and of the NAV. This amendments will not change the current changes from the current disclosure disclosure will demonstrate that, approach with regard to CDSLs. requirements for dealer compensation. although the percentage amount used in With regard to installment loads, the load calculation and that shown in the Commission requested comment on two 36 This method also would have suggested that fee table may be different, the dollar possible approaches to including them installment loads should be reflected in a fund’s in the yield formula. The first approach, expense ratio as are rule 12b–1 fees. It is more appropriate, however, for transaction-specific information about installment loads elsewhere in modeled on the existing treatment of the prospectus. expenses such as installment loads to be considered 33 The Commission also is amending Instruction front-end loads, would require that the separately rather than as a component of the fund’s 2 to Item 5A of Form N–1A, Management’s total installment load be added to the expense structure. Discussion of Fund Performance, to require that NAV to reach an assumed ‘‘offering 37 Item 7(b)(iv) of Form N–1A requires funds to deferred loads charged other than upon redemption price’’ in the denominator in the yield show in a tabular format in the prospectus the sales (i.e., installment loads) be reflected in the line graph load reallowed to dealers as a percentage of the showing fund performance. This change is similar public offering price. Item 7(c) requires similar to the amendment to Instruction 14(f) to Item 2 34 See supra note 21 and accompanying text. disclosure for payments to dealers from rule 12b– discussed in section IV.A above. 35 17 CFR 230.482(a)(6). 1 fees. 49016 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

They pointed out that the NASD CDSLs and remove certain restrictions (3) The same deferred sales load is currently is studying dealer in the rule. The Analysis further imposed on all shareholders, except that compensation practices and that related explains that the amendments to Form scheduled variations in or elimination disclosure issues would best be N–1A modify the prospectus disclosure of a deferred sales load may be offered addressed in that context. The requirements for deferred loads to to a particular class of shareholders or Commission will consider revisiting the reflect the changes to rule 6c–10, but transactions, Provided, that the issue of dealer compensation disclosure provide for disclosure similar to that conditions in § 270.22d–1 are satisfied. in fund prospectuses after the NASD has currently made by funds and, therefore, Nothing in this paragraph (a) shall had an opportunity to complete its do not impose any additional burdens. prevent a company from offering to study and after further experience with A copy of the Analysis may be obtained existing shareholders a new scheduled installment loads. by contacting Nadya B. Roytblat, Mail variation that would waive or reduce V. Compliance Date Stop 10–2, Securities and Exchange the amount of a deferred sales load not Commission, 450 Fifth Street, N.W., yet paid. The rule and form amendments will Washington, D.C. 20549. (b) For purposes of this section: become effective thirty days after (1) Company means a registered open- publication in the Federal Register. VIII. Statutory Authority end management investment company, Funds may begin to comply with The Commission is adopting the other than a registered separate account, amended rule 6c–10 on the effective amendments to rules 6c–10 and 11a–3 and includes a separate series of the date. Funds that have received under sections 6(c), 11(a) and 38(a) of company; exemptive orders allowing deferred the Investment Company Act [15 U.S.C. (2) Exempted person means any sales loads may continue to rely on 80a–6(c), –11(a), and –37(a)]. The principal underwriter of, dealer in, and those orders for all the funds covered by authority citations for the amendments any other person authorized to the order. to Form N–1A precede the text of the consummate transactions in, securities Registration statements and post- amendments. issued by a company; and effective amendments filed with the (3) Deferred sales load means any Commission, and yield quotations List of Subjects in 17 CFR Parts 239, amount properly chargeable to sales or appearing in fund advertisements or 270 and 274 promotional expenses that is paid by a other sales literature, after the effective Investment companies, Reporting and shareholder after purchase but before or date must be in compliance with the recordkeeping requirements, Securities. upon redemption. form amendments. Post-effective 3. Section 270.11a–3 is amended by amendments made for the purpose of Text of Rule and Form Amendments revising paragraph (a)(3) to read as complying with the amendments to For the reasons set out in the follows: Form N–1A may be made pursuant to preamble, Title 17, Chapter II of the the immediate effectiveness provisions Code of Federal Regulations is amended § 270.11a±3 Offers of exchange by open- of rule 485(b) under the Securities Act end investment companies other than as follows: separate accounts. [17 CFR 230.485(b)], provided the post- effective amendment otherwise meets PART 270ÐRULES AND (a) * * * the conditions for immediate REGULATIONS, INVESTMENT (3) Deferred sales load means any effectiveness under that rule. COMPANY ACT OF 1940 amount properly chargeable to sales or promotional expenses that is paid by a VI. Cost/Benefit Analysis 1. The authority citation for Part 270 shareholder after purchase but before or The amendments to rule 6c–10 and continues to read, in part, as follows: upon redemption; Form N–1A should not impose any Authority: 15 U.S.C. 80a–1 et seq., 80a–37, * * * * * significant burdens on mutual funds. 80a–39 unless otherwise noted; Rather, the amendments should benefit * * * * * PART 239ÐFORMS PRESCRIBED funds by providing them with 2. Section 270.6c–10 is revised to read UNDER THE SECURITIES ACT OF 1933 alternatives in financing their sales and as follows: promotional expenses. The amendments PART 274ÐFORMS PRESCRIBED also will enable investors to defer the § 270.6c±10 Exemption for certain open- UNDER THE INVESTMENT COMPANY payment of a sales charge on the end management investment companies to ACT OF 1940 purchase of mutual fund shares until impose deferred sales loads. (a) A company and any exempted 4. The authority citation for Part 239 redemption or over one or more continues to read, in part, as follows: installment payments during the term of person shall be exempt from the their investment. provisions of sections 2(a)(32), 2(a)(35), Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, and 22(d) of the Act [15 U.S.C. 80a– 77sss, 78c, 78l, 78m, 78n, 78o(d), 78w(a), VII. Summary of the Regulatory 2(a)(32), 80a–2(a)(35), and 80a–22(d), 78ll(d), 79e, 79f, 79g, 79j, 79l, 79m, 79n, 79q, Flexibility Analysis respectively] and § 270.22c–1 to the 79t, 80a–8, 80a–29, 80a–30 and 80a–37, unless otherwise noted. A summary of the Initial Regulatory extent necessary to permit a deferred Flexibility Analysis, which was sales load to be imposed on shares * * * * * prepared in accordance with 5 U.S.C. issued by the company, Provided, that: 5. The authority citation for Part 274 603, was published in Investment (1) The amount of the deferred sales continues to read as follows: Company Act Release No. 20917. No load does not exceed a specified Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, comments were received on that percentage of the net asset value or the 78c(b), 78l, 78m, 78n, 78o(d), 80a–8, 80a–24, analysis. The Commission has prepared offering price at the time of purchase; and 80a–29, unless otherwise noted. a Final Regulatory Flexibility Analysis (2) The terms of the deferred sales Note: Form N–1A does not, and the in accordance with 5 U.S.C. 604. The load are covered by the provisions of amendments will not, appear in the Code of Analysis explains that the amendments Rule 2830 of the Conduct Rules of the Federal Regulations. to rule 6c–10 allow mutual funds to National Association of Securities 6. Item 2 of Part A of Form N–1A impose deferred sales loads other than Dealers, Inc.; and [referenced in sections 239.15A and Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49017

274.11A] is amended by revising the fees and that the amounts shown would be redemption, whether or not the load is caption ‘‘Deferred Sales Load’’ and the increased if the fees were reflected.) calculated as if shares or amounts parenthetical after such caption in * * * * * representing shares not subject to a load are paragraph (a)(i), and revising the (f) Reflect any contingent deferred sales redeemed first, and other shares or amounts caption ‘‘Maximum Sales Load Imposed load by assuming redemption of the entire representing shares are then redeemed in the order purchased); and (v) if applicable, an on Reinvested Dividends’’ and the account on the last day of the year; reflect any other type of deferred sales load as being explanation of the way(s) in which a parenthetical in paragraph (a)(i), paid at the end of the year in which it is due. shareholder may be required to pay an Instruction 5, the parenthetical in In the case of a deferred sales load that is installment load (e.g., through the Instruction 14(d), and Instruction 14(f) based on the Registrant’s net asset value at withholding of dividend payments, to read as follows: the time of payment, assume that the net involuntary redemptions, separate billing of asset value at the end of each year includes Form N–1A an investor’s account). the assumed 5% annual return for that and * * * * * each preceding year. 9. Item 22 of Part B of Form N–1A Part A. Information Required in a Prospectus * * * * * [referenced in sections 239.15A and * * * * * 7. Instruction 2 to Item 5A of Part A 274.11A] is amended by adding a of Form N–1A [referenced in sections sentence to the end of Instruction 1 to Item 2. Synopsis 239.15A and 274.11A] is amended by paragraph (b)(i) and an Instruction 10 to (a)(i) * * * removing the phrase ‘‘(or other amounts paragraph (b)(ii) to read as follows: * * * * * at redemption or upon closing of an Form N–1A account)’’ in the third sentence and Shareholder Transaction Expenses * * * * * adding at the end a sentence to read as * * * * * Maximum Deferred Sales Load (as a follows: Part B. Information Required in a Statement of Additional Information percentage of llllll)...... % Form N–1A * * * * * Maximum Sales Load Imposed on * * * * * Reinvested Dividends [and other Item 22. Calculation of Performance Data Distributions]...... % (as a percentage Part A. Information Required in a Prospectus ofllllll) * * * * * * * * * * (b) Other Registrants * * * * * Item 5A. Management’s Discussion of Fund (i) Total Return *** Instructions: Performance Instructions: * * * * * * * * * * 1. * * * If shareholders are charged a Shareholder Transaction Expenses Instructions: deferred sales load, assume the maximum 5. ‘‘Maximum Deferred Sales Load’’ * * * * * deferred sales load is deducted at the times, includes the maximum total deferred sales 2. Sales Load. * * * In the case of any in the amounts, and under the terms load payable upon redemption, in other deferred sales load, assume the disclosed in the prospectus. installments, or both, expressed as a deduction in the amount(s) and at the time(s) * * * * * percentage of the amount or amounts stated the load actually would have been deducted. (ii) Yield *** in response to Item 7(g), provided that a sales * * * * * load that is based on the net asset value at 8. Item 7 of Part A of Form N–1A Instructions: the time of purchase shall be expressed as a [referenced in sections 239.15A and * * * * * percentage of the offering price at the time of 274.11A] is amended by removing the 10. If a Registrant (other than a Registrant purchase. The fee table may include a tabular described in paragraph (a)) imposes, in presentation, within the larger table, of the word ‘‘and’’ at the end of paragraph (e), removing the period at the end of connection with sales of its shares, a deferred range over time of any deferred sales load sales load payable in installments, the (such as a contingent deferred sales load) that paragraph (f) and adding ‘‘; and’’ in its ‘‘maximum public offering price’’ shall may change over time, or a schedule of any place, and adding paragraph (g) to read include the aggregate amount of such installment load payments. as follows: installments (‘‘installment load amount’’). If more than one type of sales load is Form N–1A charged (e.g., a deferred sales load and a 10. Guide 30 to Form N–1A front-end sales load), the first line in the table * * * * * [referenced in sections 239.15A and should read ‘‘Maximum Sales Load’’ and 274.11A] is amended by adding a show the maximum cumulative percentage. Part A. Information Required in a Prospectus Show the percentage amounts and the terms * * * * * paragraph before the last paragraph to of each sales charge comprising that figure on Item 7. Purchase of Securities Being Offered read as follows: separate lines just below. Guidelines for Form N–1A If a sales charge is imposed on shares * * * * * purchased with reinvested capital gains (g) a concise explanation of the way in * * * * * which any deferred sales load is imposed and distributions or returns of capital, the third Guide 30. Tax Consequences line in the table should include the bracketed computed, including: (i) an explanation of words. the basis on which the specified percentage * * * * * is calculated (i.e., the offering price, or the If the registrant imposes a sales load * * * * * lesser of the offering price or the net asset payable in installments on the securities Example value at the time the load is paid); (ii) the being offered, the registrant must describe sales charges as a percentage of both the 14. For purposes of the Example in the briefly in response to Item 6 any related offering price and the net asset value at the material tax consequences for investors. table: time of purchase; (iii) if the method of * * * * * determining the amount of the load results in * * * * * (d)* * * (A Registrant that charges a sales the load being applied to shares or amounts By the Commission. load on shares purchased with reinvested representing shares acquired through the Dated: September 9, 1996. dividends or other distributions should not reinvestment of dividends or other Margaret H. McFarland, reflect these fees in the Example, but should distributions, a statement to that effect; (iv) Deputy Secretary. explain in the brief narrative following the a description of the way in which the load table that the Example does not reflect these is calculated (e.g., in the case of a partial BILLING CODE 8010±01±P 49018 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

BILLING CODE 8010±01±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49019

APPENDIX A CONTINUED.ÐEXAMPLE CALCULATIONS ASSUMING REDEMPTION AT THE END OF EACH TIME PERIOD

Amount Front-end Beginning Ending Average Annual ex- Deferred Annual de- Amount Year × load @ re- ferred load shown in invested¥ load= value+(5%±1.4%)= value value 1.4%= penses demption installment table

(1) ...... $1,000.00¥ $10.00= $990.00+$35.64= $1,025.64 $1,007.82 $14.11 $50.00 [$10.00] $74 (2) ...... $1,015.64+$36.56= $1,052.20 $1,033.92 $14.47 $40.00 [$10.00] ...... (3) ...... $1,042.20+$37.52= $1,079.72 $1,060.96 $14.85 $30.00 [$10.00] $103 (4) ...... $1,069.72+$38.51= $1,108.22 $1,088.98 $15.25 $20.00 [$10.00] ...... (5) ...... $1,098.22+$39.54= $1,137.76 $1,117.99 $15.65 $10.00 [$10.00] $134 (6) ...... $1,127.76+$40.60= $1,168.36 $1,148.06 $16.07 ...... (7) ...... $1,168.36+$42.06= $1,210.42 $1,189.39 $16.65 ...... (8) ...... $1,210.42+$43.58= $1,254.00 $1,232.21 $17.25 ...... (9) ...... $1,254.00+$45.14= $1,299.41 $1,276.57 $17.87 ...... (10) ...... $1,299.14+$46.77= $1,345.91 $1,322.52 $18.52 ...... $221

ASSUMING NO REDEMPTION

Amount Front-end Beginning Ending Average Annual ex- Annual de- Amount Year × ferred load shown in invested¥ load= value+(5%±1.4%)= value value 1.4%= penses installment table

(1) ...... $1,000.00¥ $10.00= $990.00+$35.64= $1,025.64 $1,007.82 $14.11 $10.00 $34 (2) ...... $1,015.64+$36.56= $1,052.20 $1,033.92 $14.47 $10.00 (3) ...... $1,042.20+$37.52= $1,079.72 $1,060.96 $14.85 $10.00 $83 (4) ...... $1,069.72+$38.51= $1,108.22 $1,088.98 $15.25 $10.00 ...... (5) ...... $1,098.22+$39.54= $1,137.76 $1,117.99 $15.65 $10.00 $134 (6) ...... $1,127.76+$40.60= $1,168.36 $1,148.06 $16.07 ...... (7) ...... $1,168.36+$42.06= $1,210.42 $1,189.39 $16.65 ...... (8) ...... $1,210.42+$43.58= $1,254.00 $1,232.21 $17.25 ...... (9) ...... $1,254.00+$45.14= $1,299.14 $1,276.57 $17.87 ...... (10) ...... $1,299.14+$46.77= $1,345.91 $1,322.52 $18.52 ...... $221

BILLING CODE 8010±01±P 49020 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

BILLING CODE 8010±01±C Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49021

APPENDIX B CONTINUED.ÐEXAMPLE CALCULATIONS ASSUMING REDEMPTION AT THE END OF EACH TIME PERIOD

Average Amount Year Amount in- Front-end Beginning Ending value×1.9% Annual ex- Deferred shown in vested load = value+(5%¥1.9%) = value = penses load table

(1) ...... $1,000.00¥ $0.00= $1,000.00+31.00= $1,031.00 $1,015.50 $19.29 $50.00 $69 (2) ...... 1,031.00+31.96= 1,062.96 1,046.98 19.89 40.00 ...... (3) ...... 1,062.96+32.95= 1,095.91 1,079.44 20.51 30.00 90 (4) ...... 1,095.91+33.97= 1,129.88 1,112.90 21.15 20.00 ...... (5) ...... 1,129.88+35.03= 1,164.91 1,147.39 21.80 10.00 113 (6) ...... 1,164.91+36.11= 1,201.02 1,182.97 22.48 ...... (7) ...... 1,201.02+37.23= 1,238.25 1,219.64 23.17 ...... (8) ...... 1,238.25+38.39= 1,276.64 1,257.44 23.89 ...... (9) ...... 1,276.64+39.58= 1,316.22 1,296.43 24.63 ...... (10) ...... 1,316.22+40.80= 1,357.02 1,336.62 25.40 ...... 222

ASSUMING NO REDEMPTION

Average Amount Year Amount in- Front-end Beginning Ending value×1.9% Annual ex- Deferred shown in vested load = value+(5%¥1.9%) = value = penses load table

(1) ...... $1,000.00¥ $0.00= $1,000+31.00= $1,031.00 $1,015.50 $19.29 $0.00 $19 (2) ...... 1,031.00+31.96= 1,062.96 1,046.98 19.89 0.00 ...... (3) ...... 1,062.96+32.95= 1,095.91 1,079.44 20.51 0.00 60 (4) ...... 1,095.91+33.97= 1,129.88 1,112.90 21.15 0.00 ...... (5) ...... 1,129.88+35.03= 1,164.91 1,147.39 21.80 0.00 103 (6) ...... 1,164.91+36.11= 1,201.02 1,182.97 22.48 0.00 ...... (7) ...... 1,201.02+37.23= 1,238.25 1,219.64 23.17 0.00 ...... (8) ...... 1,238.25+38.39= 1,276.64 1,257.44 23.89 0.00 ...... (9) ...... 1,276.64+39.58= 1,316.22 1,296.43 24.63 0.00 ...... (10) ...... 1,316.22+40.80= 1,357.02 1,336.62 25.40 0.00 222

[FR Doc. 96–23438 Filed 9–16–96; 8:45 am] BILLING CODE 8010±01±P 49022 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules

SECURITIES AND EXCHANGE SUPPLEMENTARY INFORMATION: The funds has been received). Currently, COMMISSION Commission today is requesting public only funds that declare daily dividends comment on proposed amendments to and maintain the same net asset value 17 CFR Part 270 rules 12b–1 [17 CFR 270.12b–1] and (‘‘NAV’’) per share in each class may 18f–3 [17 CFR 270.18f–3] under the use this method. The proposed [Release No. IC±22203; File No. S7±24±96] Investment Company Act of 1940 [15 amendments also would permit funds to RIN 3235±AG72 U.S.C. 80a] (the ‘‘Investment Company base allocations on an additional Act’’). method, the simultaneous equations method. Under this method, income, Rule Amendments Relating to Multiple Table of Contents Class and Series Investment gains and losses, and expenses are Companies Executive Summary allocated based on simultaneous I. Discussion equations that are designed to result in AGENCY: Securities and Exchange A. Rule 18f–3 the annualized rate of return of each Commission. 1. Background: Allocation Methods class generally differing from that of the a. Settled Shares Method ACTION: Proposed rule. (1) Requirement For Same NAV Per Share other classes only by the expense Among Classes differentials among the classes. SUMMARY: The Commission is proposing (2) Consistent Application Requirement The proposed amendments also for public comment amendments to the b. Simultaneous Equations Method would clarify shareholder voting rights rule under the Investment Company Act c. Request for Comments under the rule when a fund offers one of 1940 that permits open-end 2. Purchase Class Voting Rights class of shares (the ‘‘purchase class’’) management investment companies B. Rule 12b–1 that automatically converts into another (‘‘funds’’) to issue multiple classes of II. Cost/Benefit Analysis class (the ‘‘target class’’). Rule 18f–3 shares representing interests in the same III. Initial Regulatory Flexibility Analysis currently requires shareholders of the portfolio. The proposed amendments A. Reasons for the Proposed Action B. Objectives purchase class to approve increases in would expand and clarify the methods C. Legal Basis the expenses of the target class under a fund may use to allocate among its D. Small Entities Subject to the Rule certain circumstances. The proposed classes income, gains and losses, and E. Reporting, Recordkeeping, and Other amendments would clarify that the expenses that are not attributable to Compliance Requirements purchase class shareholders have voting a particular class. The proposed F. Duplicative, Overlapping or Conflicting rights only with respect to material amendments also would clarify the Federal Rules increases in expenses that are submitted shareholder voting provisions of the G. Significant Alternatives separately to target class shareholders 1. The Establishment of Differing rule. The Commission also is proposing Compliance or Reporting Requirements for their approval. a technical amendment to the rule or Timetables That Take Into Account The Commission is also proposing to under the Investment Company Act that the Resources Available to Small Entities amend rule 12b–1 under the Investment governs the use of fund assets to pay for 2. The Clarification, Consolidation, or Company Act, the rule that governs the the distribution of fund shares, as it Simplification of Compliance and use of fund assets to pay for the applies to series funds. Reporting Requirements Under the Rule distribution of fund shares in for Such Small Entities DATES: Comments must be received on accordance with a ‘‘rule 12b–1 plan.’’ 3. The Use of Performance Rather Than The proposed amendments would or before November 18, 1996. Design Standards clarify how various provisions of the ADDRESSES: Comments should be 4. An Exemption From Coverage of the rule (e.g., those requiring shareholder submitted in triplicate to Jonathan G. Rule, or Any Part Thereof, for Such voting) apply to a ‘‘series’’ fund. A Katz, Secretary, Securities and Exchange Small Entities series fund is a fund that offers investors Commission, 450 Fifth Street, N.W., H. Solicitation of Comments IV. Statutory Authority an opportunity to invest in one or more Stop 6–9, Washington, D.C. 20549. Text of Proposed Rule Amendments portfolios, each of which has a specific Comments also may be submitted investment objective. The amendments electronically at the following E-mail Executive Summary would clarify that a series fund’s rule address: [email protected]. All The Commission is proposing 12b–1 plan must be severable for each comment letters should refer to File No. amendments to rule 18f–3 under the series and that whenever an action is S7–24–96; this file number should be Investment Company Act. Rule 18f–3 required with respect to the plan (e.g., included on the subject line if E-mail is permits funds to issue multiple classes a shareholder vote on a proposal to used. Comment letters will be available of shares representing interests in the increase the fee payable under the plan), for public inspection and copying in the same portfolio. Funds generally that action must be taken separately for Commission’s Public Reference Room, establish multiple classes of shares as a each series. 450 Fifth Street, N.W., Washington, D.C. vehicle for offering investors a choice of 20549. Electronically submitted methods for paying distribution costs or I. Discussion comment letters also will be posted on to allow funds to access alternative A. Rule 18f–3 the Commission’s Internet web site distribution channels more efficiently. (http://www.sec.gov). The rule, among other things, prescribes 1. Background: Allocation Methods FOR FURTHER INFORMATION CONTACT: how a fund must allocate to each class Rule 18f–3 permits funds to issue Marilyn Mann, Senior Counsel, Office of income, gains and losses, and the multiple classes of shares representing Regulatory Policy, (202) 942–0690, or, expenses that are not attributable to a interests in the same portfolio of regarding accounting issues, Lawrence particular class. The proposed securities.1 Funds generally establish A. Friend, Chief Accountant, Office of amendments would provide greater the Chief Accountant, (202) 942–0590, flexibility in allocating these items. The 1 Funds that issue multiple classes of shares must both in the Division of Investment proposed amendments would permit rely on rule 18f–3 or on an exemptive order because such issuances implicate section 18 of the Management, Stop 10–2, Securities and any fund that declares dividends daily Investment Company Act [15 U.S.C. 80a–18], Exchange Commission, 450 Fifth Street, to base allocations on settled shares (i.e., which, among other things, generally makes it N.W., Washington, D.C. 20549. shares for which payment in federal unlawful for a fund to issue any class of ‘‘senior Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 49023 multiple classes as a vehicle for offering federal funds). Funds with this dividend while using the Settled Shares Method investors a choice of methods for paying policy have noted that the payment of for allocating income and fundwide distribution costs or to allow funds to daily dividends to a purchaser of fund expenses.10 Allocating gains and losses access alternative distribution channels shares that did not purchase its shares based on relative net assets is consistent more efficiently. Rule 18f–3 provides a with immediately available funds would with the participation of all shares in framework for addressing certain dilute the dividends of other any increase or decrease in NAV that corporate governance and accounting shareholders, since the fund would not results from appreciation or issues that may create conflicts among yet have invested the proceeds from depreciation of the underlying the classes. Among other things, the rule such purchase.7 Using the Settled securities, including shares that have prescribes how a fund must allocate to Shares Method to allocate income and not yet settled.11 The proposed each class income, gains and losses,2 fundwide expenses is consistent with amendments would explicitly permit and expenses that are not attributable to this dividend policy. this approach.12 The Commission a particular class (‘‘fundwide Some daily dividend fixed-income believes that many funds take this expenses’’). funds currently use the Settled Shares approach and requests comment Rule 18f–3 generally requires a fund Method pursuant to exemptive orders whether this approach should be to allocate income, gains and losses, and that predate the adoption of rule 18f–3. mandatory for funds using the Settled fundwide expenses based on the net These funds are unable to rely on rule Shares Method. assets of each class in relation to the net 18f–3 because they do not necessarily b. Simultaneous Equations Method assets of the fund (‘‘relative net maintain the same NAV per share in assets’’).3 The rule permits a fund that each class, a requirement for funds that The proposed amendments would declares dividends daily, such as a use the Settled Shares Method and rely permit funds to allocate income, gains money market fund or a fund that on rule 18f–3. The proposed and losses, and fundwide expenses invests in fixed-income securities (a amendments would permit a daily based on an additional method, the 13 ‘‘daily dividend fund’’), to use two dividend fund to use the Settled Shares ‘‘Simultaneous Equations Method.’’ alternative allocation methods, provided Method without requiring the fund to Under this method, allocation is based the fund maintains the same NAV per maintain the same NAV per share in on simultaneous equations that are share in each class.4 A daily dividend each class.8 This requirement may be designed to result in the annualized rate fund may allocate income, gains and unnecessary, since the Settled Shares of return of each class generally losses, and fundwide expenses (i) to Method will result in appropriate differing from that of the other classes each share without regard to class,5 or allocations even if NAV per share differs only by the expense differentials among (ii) to each class based on relative net among the classes. the classes. Using this method allows a assets, excluding the value of fund to simultaneously allocate (or subscriptions for shares for which (2) Consistent Application Requirement reallocate) various income and capital payment in federal funds has not been The release adopting rule 18f–3 stated items based on the fund’s operating received (the ‘‘Settled Shares that the allocation method selected by a results, changes in ownership interests Method’’).6 fund ‘‘must be applied consistently.’’ 9 of each class, and expense differentials The Commission staff has indicated, among the classes.14 Industry a. Settled Shares Method however, that funds may allocate gains representatives have suggested that the (1) Requirement For Same NAV Per and losses based on relative net assets, results derived from this method are Share Among Classes consistent with the purpose of the rule’s 7 allocation provisions. Many daily dividend funds pay See Exemption for Open-End Management Investment Companies Issuing Multiple Classes of The Commission understands that the dividends from net investment income Shares; Disclosure by Multiple Class and Master- equations used in connection with this only on settled shares (i.e., shares that Feeder Funds; Class Voting on Distribution Plans, method continue to be refined. The are paid for in federal funds or for Investment Company Act Release No. 20915 (Feb. equations would therefore not be which payment has been converted into 23, 1995) [60 FR 11876, 11878–79 & n.20 (Mar. 2, 1995)] (hereinafter ‘‘Adopting Release’’); T. Rowe Price Associates, Inc. (pub. avail. Dec. 22, 1986). 10 Letter to Investment Company Chief Financial security’’ or to issue classes of shares with different A daily dividend fund may invest in securities Officers from the Division of Investment voting rights. that settle daily against federal funds (in contrast to Management 5 (Nov. 2, 1995). 2 In this release, ‘‘gains and losses’’ refers to both other securities that have ‘‘regular way’’ (i.e., ‘‘T + 11 Using the Settled Shares Method to allocate realized gains and losses and unrealized 3’’) settlement). A daily dividend fund that invests gains and losses may cause a divergence of NAV per appreciation and depreciation. in income-producing securities that have a longer share among classes, creating a particular problem 3 Rule 18f–3(c)(1) [17 CFR 270.18f–3(c)(1)]. settlement period may choose to place orders for for those funds that seek to maintain the same or 4 Rule 18f–3(c)(2) [17 CFR 270.18f–3(c)(2)]. such securities when it receives orders for shares a similar NAV per share in each class. Id. This is 5 Because the fund must maintain the same NAV that are not accompanied by payment in federal because NAV per share is based on, among other per share in each class, this method is equivalent funds, since it will not have to make payment for things, the value of any receivables, including to allocations based on relative net assets. Rule 18f– such securities before receiving payment for the subscriptions to purchase shares for which the fund 3 requires funds using this method to obtain the shares. Id. The fund does not start earning interest has not yet received payment. See supra note 6. agreement of their service providers that, to the on such securities until it has paid for them, Allocating gains and losses to classes based on the extent necessary to assure that all classes maintain however; therefore, these securities do not net assets of each class excluding subscriptions the same NAV, the providers will waive or contribute to the fund’s income immediately. receivable causes the shares of each class to reimburse class expenses. Rule 18f–3(c)(2)(i) [17 8 Proposed rule 18f–3(c)(1)(iii). The amended rule increase or decrease in value by a proportionately CFR 270.18f–3(c)(2)(i)]. The proposed amendments would define a daily dividend fund as ‘‘any different amount per share than the shares of other would clarify that payments waived or reimbursed company that has a policy of declaring distributions classes. under such an undertaking may not be carried of net investment income daily, including any 12 Proposed rule 18f–3(c)(1)(iii). forward or recouped at a later time. Proposed rule money market fund that determines its net asset 13 Proposed rule 18f–3(c)(1)(ii); see also proposed 18f–3(c)(1)(iv). value using the amortized cost method permitted by rule 18f–3(c)(2)(iv) (defining the Simultaneous 6 The term ‘‘net assets’’ includes the value of any rule 2a–7.’’ The reference to funds that use the Equations Method). receivables, including subscriptions receivable. See amortized cost method under rule 2a–7 is designed 14 The equations would allocate the day’s income, AICPA, Audits of Investment Companies: Audit and to make it clear that valuing net assets based on realized gains (or losses), unrealized appreciation Accounting Guide ¶ 5.13 (May 1994). A fund that amortized cost is permitted under rule 18f–3(c) [17 (or depreciation), and fundwide expenses and requires subscriptions to be accompanied by federal CFR 270.18f–3(c)]. See Adopting Release, supra reallocate each class’s undistributed net investment funds will record cash, rather than a receivable, as note 7, at 11879. income, undistributed realized gains (or losses), and the asset that relates to the subscription. 9 Adopting Release, supra note 7, at 11879. unrealized appreciation (or depreciation). 49024 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules specified in the amended rule. is it necessary to amend the instructions separate vote of the target class Comment is requested whether they to sub-item 77B to have the accountant’s shareholders. should be specified. An example of the report specifically address the allocation The amended rule would clarify that equations that have been used is controls relied upon? Commenters purchase class shareholders have voting attached to this Release as Appendix A. favoring this approach should provide rights (or rights to a new target class) language for any recommended changes with respect to increases in expenses c. Request for Comments to the instructions. that are submitted separately for The Commission requests comment approval by target class shareholders.18 on the Settled Shares and Simultaneous 2. Purchase Class Voting Rights These expenses would include a Equations Methods and whether there Rule 18f–3 contains certain material increase in payments under the are any other allocation methods that conditions that address arrangements target class’s rule 12b–1 plan and, if should be included in the rule. The that involve a class of shares with one submitted for target class approval, an Commission also requests comment on type of distribution charge that increase in payments under a the rule’s overall approach of describing automatically convert into another class shareholder services plan.19 The specific allocation methods and after a specified period of time. The amendment will not affect whether a restrictions on the funds that may use purchase class is generally a class with matter is required to be submitted to them. In particular, the Commission a higher distribution fee and a shareholders of the target class. requests comment whether the rule contingent deferred sales load B. Rule 12b–1 should permit a fund to use any method (‘‘CDSL’’).16 A CDSL is a sales charge that results in shareholders of each class that is assessed when shares are Rule 12b–1 governs the use of fund receiving their proportionate share of redeemed. The CDSL generally declines assets to pay for the distribution of fund income, gains and losses, and fundwide to zero over time and is designed to shares. Among other things, rule 12b–1 expenses. Such an approach would recover any distribution costs that have requires that any payments made by the provide funds with flexibility and avoid not yet been recovered from the fund in connection with the distribution the possible need for further distribution fees. After a specified of its shares be made pursuant to a administrative relief. The Commission period, the purchase class shares written rule 12b–1 plan that describes requests that, in connection with convert automatically into the target all material aspects of the proposed commenting on such approach, class, which generally has a low (or no) financing of distribution.20 Rule 12b–1 commenters address the need for the distribution fee. also requires certain shareholder votes development of accounting standards One of rule 18f–3’s conditions states to be taken with respect to the approval applicable to allocation methods to be that if expenses, including payments of or amendment of the rule 12b–1 plan. followed by multiple class funds. distribution fees, are increased Rule 12b–1 specifies how its Commenters should address, for materially for the target class without shareholder voting and other example, whether Generally Accepted approval of the shareholders of the requirements apply when a fund offers Accounting Principles currently provide purchase class, the fund will establish a separate classes of shares. The rule appropriate guidance on the allocation new target class for the purchase class provides that if a rule 12b–1 plan covers methods to be followed by multiple on the same terms as applied to the more than one class, the provisions of 17 the plan must be severable for each class funds and whether more specific target class before the increase. This class, and that actions required to be guidance needs to be developed. condition, read literally, appears to Commenters favoring this approach require approval by the purchase class taken under the rule must be taken shareholders (or the creation of a new separately for each class (the should formulate a recommended 21 standard. Should the rule, for example, target class) for any material expense ‘‘severability provision’’). Although permit allocations to be based on any increase that applies to the target class. the severability provision does not method that is fair to the shareholders This could include increases in specifically address a fund that offers of each class? Should the rule permit expenses that are not required to be more than one series of shares, the requirements of rule 12b–1 have been funds to use any allocation method that submitted for shareholder approval (e.g., interpreted to apply separately to each produces substantially similar transfer agency fees) or that are required allocations to those that would have to be approved by shareholders on a 18 See proposed rule 18f–3(e)(2)(iii); see also infra resulted if one of the allocation methods fundwide basis rather than separately by class (e.g., advisory fees). This result note 23 regarding a technical amendment to rule prescribed by the rule had been 12b–1(g) [17 CFR 270.12b–1(g)], which refers to the applied? Commenters should also was not intended. The condition was voting rights of purchase class shareholders in consider whether the rule should designed to give purchase class connection with a rule 12b–1 plan applicable to the shareholders voting rights only when an target class. require a particular party (e.g., the 19 expense increase is submitted for a See rule 18f–3(a)(1)(i) [17 CFR 270.18f– fund’s investment adviser, independent 3(a)(1)(i)] (regarding the allocation of expenses accountants, or board of directors) to under a rule 12b–1 plan or shareholder services fund should follow in allocating income, expenses determine that the standard had been plan to a particular class). Purchase class and other items among the classes. See Adopting shareholders also would have voting rights with met. For example, would the Release, supra note 7, at 11879 & nn.28–29. respect to increases in any other expenses accountant’s report on internal controls 16 A distribution fee is a charge to fund assets that specifically assigned to the target class, such as required by sub-item 77B of Form N– may be used to pay certain distribution expenses in transfer agency fees, but only if the increase is accordance with rule 12b–1 [17 CFR 270.12b–1]. submitted for approval by the target class SAR offer adequate safeguards for Such fees often are referred to as ‘‘rule 12b–1 fees.’’ shareholders. See rule 18f–3(a)(1)(ii) [17 CFR 15 permitting additional flexibility? If so, See infra part I.B. See generally Exemption for 270.18f–3(a)(1)(ii)] (regarding expenses other than Certain Open-End Management Investment fees under a rule 12b–1 or shareholder services plan 15 See 17 CFR 274.101. Prior to the adoption of Companies to Impose Deferred Sales Loads, that may be allocated to a particular class). Since rule 18f–3, Commission orders required an expert Investment Company Act Release No. 22202 the proposed amendment would refer to expenses retained by each multiple class fund to file a report (September 9, 1996). allocated under rule 18f–3(a)(1) (i)–(ii), which with the Commission on the adequacy of 17 Rule 18f–3(e)(2)(iii) [17 CFR 270.18f– includes payments authorized under a rule 12b–1 accounting procedures of the fund. This 3(e)(2)(iii)]; see also rule 12b–1(b)(4) [17 CFR plan, the reference in the current rule to such requirement was not included in the rule because 270.12b–1(b)(4)] (requiring shareholder approval of payments would be deleted as unnecessary. the Commission and commenters agreed that rule any changes in a rule 12b–1 plan that would 20 Rule 12b–1(b) [17 CFR 270.12b–1(b)]. 18f–3 adequately defined the methodology that a materially increase the fees payable under the plan). 21 Rule 12b–1(g) [17 CFR 270.12b–1(g)]. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 49025 series offered by a fund.22 The submitted separately for approval by issuers. In connection with the Commission proposes to amend rule target class shareholders. proposed amendments, the Commission 12b–1 to reflect this position. As As discussed in part I.B, the proposed considered the following alternatives. amended, the severability provision also amendments to rule 12b–1 would clarify 1. The Establishment of Differing would apply to a rule 12b– plan that how various provisions of the rule apply Compliance or Reporting Requirements covers more than one series of shares.23 to a series investment company. or Timetables That Take Into Account II. Cost/Benefit Analysis B. Objectives the Resources Available to Small The amendments to rule 18f–3 would The proposed amendments to the Entities provide funds with greater flexibility in accounting provisions of rule 18f–3 If registered open-end management allocating income, gains and losses, and would give multiple class funds more investment companies that are small fundwide expenses among classes and flexibility and would permit certain entities wish to operate multiple class would decrease costs for certain funds daily dividend funds that are currently structures they must comply with either by allowing them to rely on the rule relying on exemptive orders to rely on rule 18f–3 or an exemptive order. Rule instead of on an exemptive order. The the rule. The proposed amendment to 18f–3 eased the requirements the amendment to rule 12b–1 would not the provision of rule 18f–3 relating to Commission imposed in exemptive impose any burden since it merely purchase class voting rights would orders. As discussed above, the clarifies an existing interpretation of the provide greater certainty by correcting amendment to the requirements for rule. the language of the rule consistent with using the settled shares method of allocation will allow certain funds that III. Initial Regulatory Flexibility its original intent. The proposed are currently relying on exemptive Analysis amendment to rule 12b–1 relating to series funds would codify existing orders to rely on the rule, which is This Initial Regulatory Flexibility interpretations of the rule. expected to reduce costs and improve Analysis has been prepared in flexibility for these funds. accordance with 5 U.S.C. 603. It relates C. Legal Basis The addition of the simultaneous to the proposed amendments to rules The Commission is proposing to equations method to the rule gives 12b–1 and 18f–3. amend rule 12b–1 under the authority funds added flexibility and will not A. Reasons for the Proposed Action set forth in sections 12(b) and 38(a) of create any compliance burden since the the Investment Company Act, and rule use of that method is optional. The As discussed in part I.A.1, the 18f–3 under sections 6(c), 18(i), and proposed amendment to rule 18f–3 proposed amendments to rule 18f–3 38(a) of the Investment Company Act. relating to purchase class voting rights would provide greater flexibility in and the proposed amendment to rule D. Small Entities Subject to the Rule allocating income, realized gains and 12b–1 relating to series funds are merely losses, unrealized appreciation and Rules 12b–1 and 18f–3 apply to clarifying changes and will have no depreciation, and fundwide expenses. registered open-end management adverse impact on small issuers. The proposed amendments would also investment companies. Any registered In light of the above, different permit certain multiple class daily open-end management investment compliance or reporting requirements or dividend funds that are currently company with net assets of $50 million timetables are not necessary to relying on exemptive orders issued prior or less as of the end of its most recent accommodate small entities and would to the adoption of rule 18f–3 to rely on fiscal year is considered a small entity not be consistent with the objectives of the rule. As discussed in part I.A.2, under Commission rules.24 It is investor protection. another proposed amendment to rule estimated that out of approximately 2. The Clarification, Consolidation, or 18f–3 would clarify that purchase class 3000 active open-end management Simplification of Compliance and shareholders have voting rights (or investment companies, approximately Reporting Requirements Under the Rule rights to a new target class) only with 500 are considered small entities. Of for Such Small Entities respect to increases in expenses that are these 500 small entities, approximately 42 offer multiple classes of shares. As noted above, certain of the 22 See Distribution of Shares by Registered Open- proposed amendments are designed to End Management Investment Company, Investment E. Reporting, Recordkeeping, and Other clarify the requirements of rules 12b–1 Company Act Release No. 22201 (September 9, Compliance Requirements 1996). The amendments adopted in Release No. and 18f–3. The proposed amendment to 22201 specified that a rule 12b–1 plan adopted The proposed amendments would not rule 18f–3 relating to the settled shares before the shares of a fund are publicly offered or impose any new reporting, method will enable certain funds to rely sold to persons who are not affiliated persons of the recordkeeping, or other compliance on the rule, thereby easing disclosure fund or affiliated persons of such persons does not have to be approved by shareholders. Commenters requirements. and compliance requirements for those requested that the Commission clarify that the funds. Further simplification of the amendments also applied to a rule 12b–1 plan that F. Duplicative, Overlapping or compliance requirements for small related to a series that had not been publicly Conflicting Federal Rules entities would not be consistent with offered. The Commission adopted that interpretation; the amendments proposed today The Commission believes that there the protection of investors. are no duplicative, overlapping, or would codify it. 3. The Use of Performance Rather Than 23 See proposed rule 12b–1(g). A proviso to conflicting federal rules. current rule 12b–1(g) states that under rule 18f– Design Standards 3(e)(2), any vote by target class shareholders with G. Significant Alternatives The Commission is requesting respect to the target class’s rule 12b–1 plan also requires a vote of the shareholders of the purchase The Regulatory Flexibility Act directs comment on rule 18f–3’s approach of class. Because the voting rights of purchase class the Commission to consider significant describing specific allocation methods shareholders are fully described in rule 18f–3, the alternatives that would accomplish the and the funds that may use them. In Commission proposes to amend rule 12b–1(g) to stated objective, while minimizing any particular, the Commission is requesting delete this proviso. The amended rule would simply state that the provisions of rule 12b–1(g) do significant adverse impact on small comment whether the rule should not affect the rights of purchase class shareholders permit a fund to use any method that under rule 18f–3(e)(2)(iii). 24 Rule 0–10 [17 CFR 270.0–10]. results in shareholders of each class 49026 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules receiving their proportionate share of PART 270ÐRULES AND reimbursed under such an undertaking income, realized gains and losses, REGULATIONS, INVESTMENT may not be carried forward or recouped unrealized appreciation and COMPANY ACT OF 1940 at a future date. depreciation, and fundwide expenses. (2) For purposes of this section: Even if such a general standard were 1. The authority citation for Part 270 (i) Daily Dividend Fund means any adopted, however, it would not decrease continues to read, in part, as follows: company that has a policy of declaring compliance costs for multiple class Authority: 15 U.S.C. 80a–1 et seq., 80a–37, distributions of net investment income funds since such funds would still have 80a–39 unless otherwise noted; daily, including any money market fund to allocate the various accounting items * * * * * that determines net asset value using the on a daily basis using an appropriate 2. Section 270.12b–1 is amended by amortized cost method permitted by method. At most, such a general revising paragraph (g) to read as follows: § 270.2a–7; standard would give funds flexibility in (ii) Fundwide Expenses means choosing the allocation method to be § 270.12b±1 Distribution of shares by expenses of the company not allocated registered open-end management used. to a particular class under paragraph investment company. (a)(1) of this section; With respect to the other proposed * * * * * (iii) The Settled Shares Method means amendments to rules 18f–3 and 12b–1, (g) If a plan covers more than one allocating to each class based on relative the Commission believes that it is not series or class of shares, the provisions net assets, excluding the value of possible to adopt performance standards of the plan must be severable for each subscriptions receivable; and that would achieve the objectives of the series or class, and whenever this (iv) The Simultaneous Equations rules and be consistent with the section provides for any action to be Method means the simultaneous Commission’s mandate to protect taken with respect to a plan, that action allocation to each class of each day’s investors. must be taken separately for each series income, realized gains and losses, 4. An Exemption From Coverage of the or class affected by the matter. Nothing unrealized appreciation and Rule, or Any Part Thereof, for Such in this paragraph (g) shall affect the depreciation, and Fundwide Expenses Small Entities rights of any purchase class under and reallocation to each class of § 270.18f–3(e)(2)(iii). undistributed net investment income, Exempting small entities from the 3. Section 270.18f–3 is amended by undistributed realized gains or losses, requirements in the proposed revising paragraphs (c) and (e)(2)(iii) to and unrealized appreciation or amendments would not be consistent read as follows: depreciation, based on the operating with the Commission’s statutory results of the company, changes in § 270.18f±3 Multiple class companies. mandate of protecting investors. ownership interests of each class, and * * * * * H. Solicitation of Comments expense differentials between the (c)(1) Income, realized gains and classes, so that the annualized rate of The Commission encourages the losses, unrealized appreciation and return of each class generally differs submission of comments with respect to depreciation, and Fundwide Expenses from that of the other classes only by the any aspect of this Initial Regulatory shall be allocated based on one of the expense differentials among the classes. following methods (which method shall Flexibility Analysis. As described at the * * * * * be applied on a consistent basis): beginning of this release, comments may (e) * * * be submitted to the Secretary of the (i) To each class based on the net (2) * * * Commission electronically or by letter. assets of that class in relation to the net (iii) If the shareholders of the target Such comments will be considered in assets of the company (‘‘relative net class approve any increase in expenses the preparation of the Final Regulatory assets’’); allocated to the target class under Flexibility Analysis, if the proposed (ii) To each class based on the paragraphs (a)(1)(i) and (a)(1)(ii) of this amendments are adopted, and will be Simultaneous Equations Method; section, and the purchase class placed in the same public file as (iii) To each class based on the Settled shareholders do not approve the comments on the proposed amendments Shares Method, provided that the increase, the company will establish a themselves. company is a Daily Dividend Fund new target class for the purchase class (such a company may allocate income on the same terms as applied to the IV. Statutory Authority and Fundwide Expenses based on the target class before that increase. Settled Shares Method and realized The Commission is proposing to gains and losses and unrealized * * * * * amend rule 12b–1 pursuant to the appreciation and depreciation based on By the Commission. authority set forth in sections 12(b) and relative net assets); or Dated: September 9, 1996. 38(a) [15 U.S.C. 80a–12(b), –37(a)] of the (iv) To each share without regard to Margaret H. McFarland, Investment Company Act, and rule 18f– class, provided that the company is a Deputy Secretary. 3 under sections 6(c), 18(i), and 38(a) of Daily Dividend Fund that maintains the the Investment Company Act [15 U.S.C. Note: Appendix A to the preamble will not same net asset value per share in each appear in the Code of Federal Regulations. 80a–6(c), –18(i), –37(a)]. class and has received undertakings Appendix A—Simultaneous Equations List of Subjects in 17 CFR Part 270 from its adviser, underwriter or any other provider of services to the Method Investment companies, Reporting and company, agreeing to waive or The equations set forth below are recordkeeping requirements, Securities. reimburse the company for payments to examples of a set of simultaneous Text of Proposed Rule Amendments such service provider by one or more equations that could be used as an classes, as allocated under paragraph allocation method in a multiple class For the reasons set out in the (a)(1) of this section, to the extent fund with two classes at the end of day preamble, Title 17, Chapter II of the necessary to assure that all classes of the t. Code of Federal Regulations is proposed company maintain the same net asset Equation 1: At+Bt=Gt+Ct to be amended as follows: value per share. Payments waived or Equation 2: At/Sat¥Bt/Sbt=dx(NAV0) Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Proposed Rules 49027

where: Sat: the number of shares in class A at x: the differential in expense ratios

At: the total net assets to be allocated to the end of day t between the two classes class A at the end of day t Sbt: the number of shares in class B at NAV0: the NAV per share for class A and class B on day 0, where day 0 Bt: the total net assets to be allocated to the end of day t is either the day class B commences class B at the end of day t d: the time adjustment factor, calculated trading or the ex-dividend date of Gt: the cumulative undistributed net as the number of days since the the last income distribution, change in assets from operations for inception of class B or the ex- whichever is more recent the fund at the end of day t dividend date of the last income Ct: the cumulative capital for the fund distribution (whichever is more [FR Doc. 96–23437 Filed 9–16–96; 8:45 am] at the end of day t recent), divided by 365 BILLING CODE 8010±01±P federal register September 17,1996 Tuesday Streamlining; FinalRule Insurance Demonstration:Additional Home EquityConversionMortgage 24 CFRPart206 Development Housing andUrban Department of Part III 49029 49030 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND CFR part 206 to include improvements end instrument. The change would deny URBAN DEVELOPMENT to the program that did not require prior future HECM users an important public comment before implementation. freedom enjoyed by current HECM 24 CFR Part 206 The interim rule was made final on users: the option to conserve the estates December 21, 1995, at 60 FR 66476. they will leave to their heirs by reducing [Docket No. FR±2958±F±05] On May 10, 1996, at 61 FR 21918, the outstanding loan balances when RIN 2502±AF32 Department published a proposed rule circumstances permit it, while retaining which reflected additional ideas for the right to draw again upon this Office of the Assistant Secretary for improving the program regulations for revolving credit should needs arise. Housing-Federal Housing which the Department desired public This change would make HECMs less Commissioner; Home Equity comment prior to implementation. The attractive and less functional to older Conversion Mortgage Insurance public was afforded a 60-day comment people and would be a significant Demonstration: Additional period which expired on July 9, 1996. change for the worse in the HECM Streamlining Seven commenters responded: two program. Although the ability to redraw attorneys (one on behalf of a mortgagee), may not be a frequently used feature by AGENCY: Office of the Assistant three mortgagees, and two national HECM borrowers, the ability to re- Secretary for Housing-Federal Housing cooperative associations. Below is a borrow raises the ‘‘comfort level’’ of Commissioner, HUD. listing of the comments presented. some HECM borrowers who may ACTION: Final rule. Following each comment is the already be confused and uncertain about Department’s response. this mortgage loan product. SUMMARY: This rule makes final the Comment: Section 206.8 would The Truth in Lending Act (TILA) proposed rule issued by the Department expressly preempt contrary State laws. rules for open-end credit are not on May 10, 1996, which proposed Nothing in the statute suggests that burdensome in the origination process. changes to the Home Equity Conversion Congress intended to preempt any State For example, the disclosures provided Mortgage (HECM) Insurance laws. This could be detrimental to pursuant to Regulation Z can be Demonstration, including technical and HECM lenders if they rely on such generated on a printed form with a clarifying changes, to improve and provisions which are later over-turned. minimal number of blanks completed streamline the program as a supplement This section should not be included in with costs for a particular State. These to the changes made through the interim the final rule. disclosures can then be copied and used rule, published on August 16, 1995, and Response: The Department has for multiple transactions. Furthermore, made final on December 21, 1995. This considered the legal arguments made by if the change is adopted, in addition to rule also makes further streamlining the commentor and concludes that the standard closed-end truth in lending amendments. Department does have the authority to disclosure, lenders will have to produce EFFECTIVE DATE: October 17, 1996; ensure that all HECM debt will have a closed-end credit variable rate except that the amendment to the first lien priority. As stated in the transaction program disclosures definition of ‘‘principal limit’’ in proposed rule, ‘‘(t)hat priority is a basic pursuant to Regulation Z because § 206.3, as made by this rule, shall have assumption in the computer model used virtually all HECM loans have an effective date of January 5, 1997. to determine the amount of payments to adjustable rates. In many respects these the mortgagor.’’ FOR FURTHER INFORMATION CONTACT: disclosures are similar to the home Comment: In § 206.21(b)(3), HUD is Richard K. Manuel, Acting Director, equity open-end credit disclosures proposing to provide itself the unilateral Single Family Development Division, currently provided pursuant to right to make annual adjustments to a Office of Insured Single Family Regulation Z at application, and HECM loan’s interest rate, even in those Housing, Room number 9272, therefore, nothing is gained from the cases where the underlying contract Department of Housing and Urban change to closed-end requirements with assigned to HUD provides for monthly Development, 451 Seventh Street, SW, respect to disclosures given at adjustments. The commenter challenges Washington, DC 20410, telephone (202) application. the right for HUD to make unilateral FNMA has recently introduced the 708–2700; TTY (202) 708–4594. (These changes to the original contract and Home Keeper open-end credit reverse are not toll-free telephone numbers.) make annual interest rate adjustments. mortgage program and has no current SUPPLEMENTARY INFORMATION: A yearly adjustment could have a plans to change its program to closed- Background serious adverse effect on consumers end credit. Therefore, lenders will still when the interest rates are going down, have to be familiar with open-end credit The Home Equity Conversion and the consumers cannot enjoy the requirements, and it will be confusing to Mortgage (HECM) Insurance benefits of decreasing interest charges. both lenders and applicants to have two Demonstration was authorized by This section is inappropriate and should similar programs, one open-end credit section 417 of the Housing and not be included in the final rule. and one closed-end credit. Community Development Act of 1987, Response: The Department withdraws Response: We agree with commenters Pub.L. 100–242, 101 STAT. 1908, which this proposed change to convert and withdraw the proposed rule change amended the National Housing Act, monthly adjustments to the interest rate that would make HECMs ‘‘closed end’’ Pub.L. 73–479, 48 STAT. 1246 (12 to annual adjustments if the mortgage is credit for purposes of the regulations U.S.C. 1715z-20) to add new section 255 assigned. It should be noted that the implementing the Truth in Lending Act. to permit elderly homeowners to borrow commentor misunderstood the intent of Comment: One commenter against the equity in their homes. The the proposed change. It would not have recommends an improvement in the regulations for the HECM program were applied to existing mortgages, but way servicing firms present periodic established as part 206 of title 24 of the prospectively to mortgages newly HECM statements of account to Code of Federal Regulations (June 9, originated. borrowers. Currently, most HECM 1989, 54 FR 24833). Comment: Several commenters servicers omit a statement of the line of The interim rule published on August oppose altering the HECM from an credit funds available to the borrower, 16, 1995, at 60 FR 42754, revised 24 open-end credit instrument to a closed- and all servicers have declined to Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49031 inform borrowers of the rate of growth mortgage is assigned. The Department definitions, to cross-reference to the in effect for these available funds as of also withdraws the proposed change to statute or other sections of the CFR in the statement date. § 206.3 to add a new definition of order to avoid duplication. Response: This comment does not ‘‘mortgage balance’’ that would make 3. Section 206.9 Eligible mortgagees apply to this rule. We will review, HECMs ‘‘closed end’’ credit and a is amended to revise paragraph (a) so however, the actual practices and related proposed change in § 206.209(a). that it cross-references in order to the requirements for lender statements of The effective date for the amendment statute to avoid duplication. account to the borrower and determine to the definition of ‘‘principal limit’’ in 4. Section 206.33 Age of mortgagor if they include adequate disclosures of § 206.3, is delayed until 120 days from is amended to remove an outdated the loan balances and account activities. date of publication. Desktop HECM reference. Comment: The HECM regulations software will have to be modified, and 5. Section 206.41 Counseling is should be expanded to include housing the Lockheed/Martin (CDSI) system will amended to revise paragraph (b) so that cooperatives; elderly residents of also have to be changed. Also, lenders, it cross-references to the statute in order housing cooperatives should not be servicers, and FNMA will probably have to avoid duplication. excluded. This will have an enormous to make system changes. The extended 6. Section 206.43 Information to impact on the ability of elderly delayed effective date for this particular mortgagor is deleted because it pertains homeowners to afford to live on their amendment will provide the time to material to be given by the mortgagee own. necessary for the various system to the mortgagor and can be handled in If HUD expands the HECM changes to be made. a handbook or other issuance. regulations to include housing 7. The last sentence of § 206.47(c) is cooperatives, the regulations should Streamlining deleted because it merely repeats the also be changed to allow HUD to insure President Clinton’s memorandum of substance of § 206.31(b). a HECM on a unit in a condominium or March 4, 1995, titled ‘‘Regulatory 8. Section 206.115 Termination is housing cooperative project even if the Reinvention Initiative’’ directed heads deleted because the provisions are project does not meet usual HUD policy of Federal departments and agencies to combined with § 206.133(f) Termination regarding ‘‘rights of first refusal.’’ In review all existing regulations to of insurance contract—Effect of both a condominium and a housing eliminate those that are outdated and termination. cooperative, rights of first refusal are a modify others to increase flexibility and necessary safeguard for the project. In reduce burden. As a part of HUD’s 9. Section 206.119 Written statement addition, it is an industry-wide accepted overall effort to reduce regulatory of procedures to mortgagor is deleted practice that protects the investment of burden and streamline the content of because it pertains to material that can these homeowners as well as the title 24 of the Code of Federal be handled in a handbook or other mortgage holder. Rights of first refusal Regulations, this rule removes those issuance. do not prevent the unit from being provisions which are unnecessary to be 10. A technical correction is made to widely marketable without restrictions codified because they are duplicative of § 206.121(b) to substitute and incorrect to a wide potential market. Rather, it statutory language or because they can reference to the Treasury Financial should be viewed as enhancing the be made available through other non- Manual. value of the unit as well as providing a rulemaking means. Findings and Certifications necessary protection for future The August 16, 1995 interim rule (as Information Collection Requirements. purchasers. made final on December 21, 1995) made Response: The single family insurance changes to part 206 to improve and The information collection requirements program for cooperative units is streamline the program based on the for the Home Equity Conversion inactive. Cooperative units, therefore, first five years of the demonstration. Mortgage Insurance Demonstration have are not eligible for the HECM program. This final rule also makes additional been approved by the Office of At this time, HUD lacks the field and streamlining changes by removing Management and Budget under the headquarters resources to undertake this several provisions of the HECM Paperwork Reduction Act of 1995, and type of effort which would require us to regulations which repeat statutory have been assigned OMB Control first study the feasibility of including language from the legislation. It is Number 2528–0133. An agency may not cooperative units in the HECM program. unnecessary to maintain statutory conduct or sponsor, and a person is not Comment: The commenter agrees requirements in the Code of Federal required to respond to, a collection of with HUD’s proposal to give the Regulations (CFR), since these information unless the collection Secretary the option to eliminate the requirements are otherwise fully displays a valid control number. This HUD-held second mortgage. It has accessible and binding. Furthermore, if rule does not contain additional proven to be cumbersome and costly. A regulations contain statutory language, information collection requirements. lot of time is spent explaining the HUD must amend the regulations Environmental Impact. A Finding of function of the second mortgage to whenever Congress amends the statute. No Significant Impact with respect to lenders, borrowers, title companies, and This final rule removes repetitious the environment has been made in recorders. statutory language and replaces it with accordance with HUD regulations at 24 Response: HUD will keep this a citation to the specific statutory CFR part 50, which implements section proposal in the final rule. section for easy reference. The following 102(2)(C) of the National Environmental streamlining amendments are made, Policy Act of 1969 (NEPA). This Finding This Final Rule therefore, by this rule: of No Significant Impact is available for This rule makes final the provisions 1. Section 206.1 Purpose is amended public inspection between 7:30 a.m. and proposed in the May 10, 1996 proposed to state that the purpose is set out in 5:30 p.m. weekdays in the Office of the rule. In light of the comments discussed section 255(a) of the National Housing Rules Docket Clerk, Office of the above, the Department withdraws the Act (NHA). General Counsel, Department of proposed change to § 206.21(b)(3) to 2. Section 206.3 Definitions is Housing and Urban Development Room convert monthly adjustments to the amended to delete an unnecessary 10276, 451 Seventh Street, SW, interest rate to annual adjustments if the definition and, for certain other Washington, DC 20410. 49032 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

Impact on Small Entities. The which the application of State law List of Subjects for 24 CFR Part 206 Secretary, in accordance with the would leave the first lien status in Aged, Condominiums, Loan Regulatory Flexibility Act (5 U.S.C. doubt. The effect of the preemption is programs—housing and community 605(b)), has reviewed this rule before likely to be small but it is important to development, Mortgage insurance, publication and by approving it certifies ensure that the HECM program remains Reporting and recordkeeping that this rule would not have a a first mortgage program as intended by requirements. significant economic impact on a Congress. Accordingly, 24 CFR part 206 is substantial number of small entities. HUD has concluded that it is not amended as follows: The rule is limited to revision of the necessary to preempt laws that would Home Equity Conversion Mortgage give priority to liens for unpaid State or PART 206ÐHOME EQUITY Demonstration. Specifically, the local taxes or special assessments. If the CONVERSION MORTGAGE requirements of the rule are directed to mortgagee pays them and later files an INSURANCE making the program more efficient for insurance claim, HUD would reimburse participating mortgagees, mortgagors the mortgagee for those amounts as part 1. The authority citation for part 206 and the Department. of the insurance benefits. This continues to read as follows: Executive Order 12612, Federalism. distinguishes these liens from other Authority: 12 U.S.C. 1715b, 1715z–20; 42 The General Counsel, as the Designated liens and there is therefore no need to U.S.C. 3535(d). Official under section 6(a) of Executive object to a superior lien position. This 2. Section 206.1 is revised to read as Order 12612, has determined that exception permitting superior liens for follows: § 206.8 of the rule has federalism unpaid taxes and special assessments implications. Specifically, the rule means that the proposed rule would § 206.1 Purpose. provides that State law on lien priority have no substantial direct effects on The purposes of the Home Equity would be preempted if HECM loan States or their political subdivisions, or Conversion Mortgage Insurance program advances made by private mortgagees the relationship between the Federal are set out in section 255(a) of the would not have a first lien priority government and the States. National Housing Act, Public Law 73– (subject only to liens for State or local The Department believes that 479, 48 STAT. 1246 (12 U.S.C. 1715z– taxes or special assessments). although the rule might have federalism 20) (‘‘NHA’’). (Preemption is not an issue for loan implications, it is designed to achieve a 3. Section 206.3 is amended by advances made by HUD because Federal legitimate Federal purpose and is removing the term ‘‘assessment,’’ by law rather than State law would apply carefully crafted to limit its effects to revising the first sentence of the under United States v. Kimbell Foods, those necessary to achieve that end. In definition of ‘‘expected average Inc., 440 U.S. 715 (1979). these circumstances, the Department mortgage interest rate,’’ and by revising The purpose of the rule is to permit believes that the Order imposes no bar the definitions of ‘‘Contract of a mortgagee to be able to continue to to implementation of the rule. For these insurance,’’ ‘‘MIP,’’ ‘‘Mortgagee,’’ make loan advances in accordance with reasons, the General Counsel has ‘‘principal limit,’’ and ‘‘Secretary,’’ to the loan agreement (including advances read as follows: for accruing interest and mortgage determined that the rule’s federalism implications are not sufficiently insurance premiums) as long as the § 206.3 Definitions. elderly homeowner/mortgagor desires to significant to warrant preparation of a Federalism Assessment under section * * * * * continue to occupy his or her home, Contract of insurance (See 24 CFR while still maintaining a first lien 6(b) of the Order. Executive Order 12606, The Family. 203.251(j)). priority for all advances. If State law * * * * * was applied and resulted in granting The General Counsel, as the Designated Official under Executive Order 12606, Expected average mortgage interest priority to some other lien created after rate means the mortgage interest rate the HECM was recorded, the mortgagee The Family, has determined that this rule does not have potential for used to calculate future payments to the would need to stop further payments to mortgagor and is established when the the mortgagor. The mortgagee might also significant impact on family formation, maintenance, and general well-being, mortgage interest rate is established. need to foreclose to stop the continuing *** accrual of items such as interest and and, thus, is not subject to review under mortgage insurance premium with a the order. No significant change in * * * * * junior lien priority. Either result would existing HUD policies or programs will MIP (See 24 CFR 203.251(k)). conflict with the HECM program goal of result from promulgation of this rule, as * * * * * preventing displacement of the elderly those policies and programs relate to Mortgagee (See section 255(b)(2) of homeowner, either directly from family concerns. NHA). foreclosure or indirectly because of lack Unfunded Mandates Reform Act. Title * * * * * of funds available to the homeowner for II of the Unfunded Mandates Reform Principal limit means the maximum the expenses of homeownership. Act of 1995, Public Law 104–4, disbursement that could be received in This conflict itself might result in established requirements for Federal any month under a mortgage, assuming preemption of State law under relevant agencies to assess the effects of their that no other disbursements are made, Supreme Court opinions. The rule regulatory actions on State, local, and taking into account the age of the removes any doubt and provides needed tribal governments and the private youngest mortgagor, the mortgage clarification for HUD, mortgagees, and sector. This rule does not impose any interest rate, and the maximum claim other creditors who may rely on the Federal mandates on any State, local, or amount. Mortgagors over the age of 95 mortgagor’s equity. HUD has concluded tribal governments or the private sector will be treated as though they are 95 for that State law would ordinarily result in within the meaning of the Unfunded purposes of calculating the principal a first lien status for all HECM loan Mandates Reform Act of 1995. limit. The principal limit is used to advances, but is concerned that Catalog of Federal Domestic Assistance. calculate payments to a mortgagor. It is applicable law is not always clear and The Catalog of Federal Domestic Assistance calculated for the first month that a that some situations might occur in number for the HECM progam is 14.183. mortgage could be outstanding using Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49033 factors provided by the Secretary. It the amounts do not exceed the payment provided in § 206.121(c) must be given increases each month thereafter at a rate amounts permitted by § 206.25(d). to the Secretary before a Mortgage equal to one-twelfth of the mortgage * * * * * Insurance Certificate is issued for the interest rate in effect at that time, plus 7. Section 206.25 is amended to revise mortgage. one-twelfth of one-half percent per paragraph (d) to read as follows: * * * * * annum, unless the mortgage was 10. Section 205.33 is revised to read executed on or after January 5, 1997. If § 206.25 Calculation of payments. as follows: the mortgage was executed before * * * * * January 5, 1997, the principal limit (d) Line of credit separately or with § 206.33 Age of mortgagor. increases at a rate equal to the expected monthly payments. If the mortgagor has The youngest mortgagor shall be 62 average mortgage interest rate plus one- a line of credit, separately or combined years of age or older at the time the twelfth of one-half percent per annum. with the term or tenure payment option, mortgagee submits the application for The principal limit may decrease the principal limit is divided into an insurance. because of insurance or condemnation amount set aside for servicing charges 11. Section 206.35 is amended to add proceeds applied to the mortgage under § 206.19(d), an amount equal to a new sentence at the end, to read as balance under § 209.209(b) of this the line of credit (including any portion follows: chapter. of the principal limit set aside for § 206.35 Eligibility of title. * * * * * repairs or property charges under ** * If one or more mortgagors hold Secretary (See 24 CFR 5.100). § 206.19(d)), and the remaining amount of the principal limit (if any). The line a life estate in the property, for purposes 4. Subpart A is amended to add a new of credit amount increases at the same of this section only the term § 206.8 to read as follows: rate as the total principal limit increases ‘‘mortgagor’’ shall include each holder § 206.8 Preemption. under § 206.3. A payment under the line of a future interest in the property of credit may not exceed the difference (remainder or reversion) who has (a) Lien priority. The full amount between the current amount of the executed the mortgage. secured by the mortgage shall have the principal limit for the line of credit and 12. Section 206.41 is amended by same priority over any other liens on the the portion of the mortgage balance, revising paragraph (b) to read as follows: property as if the full amount had been including accrued interest and MIP, disbursed on the date the initial § 206.41 Counseling. attributable to draws on the line of disbursement was made, regardless of credit. * * * * * the actual date of any disbursement. The (b) Information to be provided. (See * * * * * amount secured by the mortgage shall section 255(f) of NHA). 8. Section 206.26 is amended to revise include all direct payments by the * * * * * mortgagee to the mortgagor and all other paragraph (d) to read as follows: loan advances permitted by the § 206.26 Change in payment option. § 206.43 [Removed and reserved] mortgage for any purpose including loan * * * * * 13. Section 206.43 is removed and advances for interest, taxes and special (d) Fee for change in payment. The reserved. assessments, premiums for hazard or mortgagee may charge a fee, not to 14. Section 206.47 is amended to add mortgage insurance, servicing charges exceed an amount determined by the a new paragraph (e) to read as follows: and costs of collection, regardless of Secretary, whenever payments are when the payments or loan advances § 206.47 Eligible properties. recalculated. were made. The priority provided by * * * * * this section shall apply notwithstanding * * * * * (e) Freely marketable. The property any State constitution, law or 9. Section 206.27 is amended to revise must be freely marketable. Conveyance regulation. paragraphs (c)(1) and (d) to read as of the property may only be restricted as follows: (b) Second mortgage. If the Secretary permitted under 24 CFR 203.41 or 24 holds a second mortgage, it shall have § 206.27 Mortgage provisions. CFR 234.66 and this part. a priority subordinate only to the first * * * * * * * * * * mortgage (and any senior liens (c) * * * § 206.47 [Amended] permitted by paragraph (a) of this (1) The mortgage shall state that the section). mortgage balance will be due and 15. Section 206.47 is amended to 5. Section 206.9 is amended by payable in full if a mortgagor dies and remove the last sentence of paragraph revising paragraph (a) to read as follows: the property is not the principal (c). residence of at least one surviving § 206.9 Eligible mortgagees. § 206.115 [Removed and reserved] mortgagor, or a mortgagor conveys all or 16. Section 206.115 is removed and (a) Statutory requirements. (See his or her title in the property and no reserved. section 255(b)(3) of NHA). other mortgagor retains title to the 17. Section 206.117 is revised to read * * * * * property. For purposes of the preceding as follows: 6. Section 206.19 is amended to revise sentence, a mortgagor retains title in the paragraph (c) to read as follows: property if the mortgagor continues to § 206.117 General. hold title to any part of the property in The Secretary is required by statute to § 206.19 Payment options. fee simple, as a leasehold interest as set take any action necessary to provide a * * * * * forth in § 206.45(a), or as a life estate. mortgagor with funds to which the (c) Line of credit payment option. * * * * * mortgagor is entitled under the mortgage Under the line of credit payment option, (d) Second mortgage to Secretary. and which the mortgagor does not payments are made by the mortgagee to Unless otherwise provided by the receive because of the default of the the mortgagor at times and in amounts Secretary, a second mortgage to secure mortgagee. The Secretary may hold a determined by the mortgagor as long as any payments by the Secretary as second mortgage to secure repayment by 49034 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations the mortgagor under § 206.27(d) or may § 206.21(b)(1) at any time by providing mortgagee shall pay the monthly MIP accept assignment of the first mortgage. notice to the mortgagor. * ** which has accrued for the current * * * * * month and which has not yet been paid § 206.119 [Removed and reserved] 20. Section 206.125 is amended to to the Secretary, but the obligation to 18. Section 206.119 is removed and revise paragraph (d)(3) to read as pay any subsequent MIP shall cease and reserved. follows: all rights of the mortgagor and mortgagee shall be terminated except as 19. In § 206.121 paragraph (b) is § 206.125 Acquisition and sale of the otherwise provided in this part. amended by removing the term property. * * * * * ‘‘Treasury Fiscal Requirements Manual’’ * * * * * from the second sentence and to add in 22. Section 206.209 is revised to read (d) * * * as follows: its place the term ‘‘Treasury Financial (3) The mortgagee must give written Manual’’, and paragraph (c) is amended notice to the Secretary within 30 days § 206.209 Prepayment. by revising the first and second after the initiation of foreclosure (a) No charge or penalty. The sentences to read as follows: proceedings, and must exercise mortgagor may prepay a mortgage in full § 206.121 Secretary authorized to make reasonable diligence in prosecuting the or in part without charge or penalty at payments. foreclosure proceedings to completion any time, regardless of any limitations and in acquiring title to and possession * * * * * on prepayment stated in a mortgage. of the property. A time frame that is (b) Insurance and condemnation (c) Second mortgage. If the contract of determined by the Secretary to proceeds. If insurance or condemnation insurance is terminated as provided in constitute ‘‘reasonable diligence’’ for proceeds are paid to the mortgagee, the § 206.133(c), all payments to the each State is made available to principal limit and the mortgage balance mortgagor by the Secretary will be mortgagees. shall be reduced by the amount of the secured by the second mortgage, if any. * * * * * proceeds not applied to restoration or Payments will be due and payable in the 21. Section 206.133 is amended to repair of the damaged property. same manner as under the insured first revise paragraph (f) to read as follows: mortgage, except that if the first Dated: September 6, 1996. mortgage provided for monthly § 206.133 Termination of insurance Nicolas P. Retsinas, adjustments to the interest rate under contract. Assistant Secretary for Housing-Federal § 206.21(b)(2) then the Secretary may * * * * * Housing Commissioner. convert the second mortgage to an (f) Effect of termination. When the [FR Doc. 96–23717 Filed 9–16–96; 8:45 am] annually adjustable interest rate under insurance contract is terminated, the BILLING CODE 4210±27±P federal register September 17,1996 Tuesday Insurance; FinalRule Conversion FromCoinsurancetoFull HousingÐFederal HousingCommissioner; Office oftheAssistantSecretaryfor 24 CFRPart207,etal. Development and Urban Department Housing Part IV 49035 49036 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND regulations removed by the October 10, amendments to the September 19, 1995 URBAN DEVELOPMENT 1994 final rule continue to govern the interim rule. rights and obligations of mortgagors, One of the goals of the President’s 24 CFR Parts 207, 251, 252; and 255 coinsuring lenders, and HUD under initiative is to increase regulatory coinsurance contracts entered into flexibility. The September 19, 1995 [Docket No. FR±3813±F±02] before the termination of the interim rule made conversion to full RIN 2502±AG50 coinsurance programs. insurance available only to coinsured On September 19, 1995 (60 FR 48596), mortgages which back GNMA Office of the Assistant Secretary for HUD published an interim rule guaranteed securities. HUD originally HousingÐFederal Housing amending 24 CFR parts 251, 252, 255. developed the conversion procedure to Commissioner; Conversion From The September 19, 1995 interim rule, assist such lender-issuers. Under the Coinsurance to Full Insurance which became effective on October 19, former regulations, the option to have a 1995, provided coinsuring lenders with mortgage endorsed for full insurance AGENCY: Office of the Assistant two new options for dealing with was available only to GNMA after it had Secretary for Housing—Federal Housing defaulted coinsured mortgages. The taken over all loans in a coinsuring Commissioner, HUD. changes made by the rule were designed lender-issuer’s portfolio following the ACTION: Final rule. to reduce Government costs, benefit lender-issuer’s default under the GNMA coinsuring lenders by minimizing their guaranty agreement. In response to the SUMMARY: On September 19, 1995 (60 risk of default under a GNMA guaranty President’s call for increased flexibility, FR 48596), HUD published an interim agreement, and encourage the continued HUD has decided to make conversion rule which amended its multifamily viability of housing financed with available to all coinsuring lenders. coinsurance regulations. The September coinsured mortgages. The first Coinsuring lenders electing to convert to 19, 1995 interim rule provided amendment permitted coinsuring full insurance will still be required to coinsuring lenders with two new lenders to request that HUD endorse meet all the other regulatory options in dealing with defaulted certain coinsured mortgages for full requirements for conversion established coinsured mortgages. Specifically, the insurance. The second amendment by the September 19, 1995 interim rule. interim rule permitted certain established a partial payment of claim This final rule contains several fees. coinsuring lenders to request that HUD mechanism for coinsuring lenders. The However, the fee amounts may change endorse defaulted mortgages for full September 19, 1995 interim rule over time. To prevent the necessity for insurance. Additionally, the interim described in detail the amendments to cumbersome rulemaking procedures rule established a partial payment of 24 CFR parts 251, 252, and 255. each time a fee is revised, HUD has set claim procedure which permitted forth all the required fees in an coinsuring lenders to advance funds to II. This Final Rule appendix to this final rule. The cure mortgage delinquencies on a The public comment period on the regulatory text still establishes the coinsured mortgage and to reduce September 19, 1995 interim rule expired requirement for the payment of the fees, principal on that mortgage to a level that on November 20, 1995. No public and directs lenders to the appendix. restored the financial viability of the comments were submitted. Although no This appendix will not be codified in project. This rule finalizes the policies changes are being made as a result of title 24 of the Code of Federal and procedures set forth in the public comment, HUD has determined Regulations. HUD will update and September 19, 1995 interim rule. that it is necessary to make several revise the appendix as necessary. Further, this final rule makes several revisions to the September 19, 1995 The September 19, 1995 interim rule clarifying and streamlining amendments interim rule. made identical amendments to 24 CFR to the September 19, 1995 interim rule. First, as part of HUD’s continuing parts 251, 252, and 255. Another goal of EFFECTIVE DATE: October 17, 1996. efforts to implement the President’s President Clinton’s regulatory reform regulatory reform initiative, this final FOR FURTHER INFORMATION CONTACT: initiative is the elimination of rule makes several streamlining Steven J. Hans, Housing Policy Officer, repetitious regulatory provisions. amendments to the interim rule. These Department of Housing and Urban Accordingly, this final rule amends 24 changes will increase flexibility and Development, 451 Seventh Street, SW, CFR parts 252 and 255 to simply cross- remove unnecessary regulatory Washington, DC 20410–0500, Room reference to the conversion and partial provisions. Further, this rule requires 6278, telephone (202) 708–3730 ext. payment of claim requirements set forth that a coinsuring lender convert to full 2682. Hearing or speech-impaired in 24 CFR part 251. insurance before accepting a partial individuals may access this number via payment of claim. This final rule also B. Revision to Partial Payment of Claim TTY by calling the Federal Information clarifies that coinsuring lenders must Procedures Relay Service at 1–800–877–8339. file an insurance claim upon conversion This final rule requires that (Other than the ‘‘800’’ number, these to full insurance. Finally, the rule coinsuring lenders convert to full telephone numbers are not toll free.) amends HUD’s multifamily mortgage insurance prior to accepting a partial SUPPLEMENTARY INFORMATION: insurance regulations at 24 CFR part 207 payment of claim. Subsequent to conversion, the full insurance I. The September 19, 1995 Interim Rule to reflect the procedures established by the September 19, 1995 interim rule. requirements at 24 CFR part 207 will On October 10, 1994 (55 FR 41312), govern any partial payment of claim. HUD published a final rule terminating A. Streamlining Parts 251, 252, and 255 Unlike the September 19, 1995 interim the authority of the FHA Commissioner In response to President Clinton’s rule, therefore, this final rule does not to insure mortgage loans under the regulatory reform initiative, HUD establish a separate partial payment of coinsurance program. The final rule also conducted a page-by page review of its claim mechanism for coinsuring lenders reduced HUD’s coinsurance regulations regulations to determine which could be under 24 CFR parts 251, 252, or 255. at 24 CFR parts 251, 252, and 255 to a eliminated, consolidated, or otherwise HUD determined that the costs it single section concerning the program improved. As a result of this review, would incur in administering the phase-out process. However, those HUD has made several streamlining separate partial payment of claim Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49037 procedure might be excessive. HUD’s General Counsel, Department of certifies, in accordance with the regulation at 24 CFR part 207 already Housing and Urban Development, Room Unfunded Mandates Reform Act of 1995 contains a partial payment of claim 10276, 451 Seventh Street, SW., (2 U.S.C. 1532), that this rule does not mechanism which has proven its Washington, DC 20410–0500. impose a Federal mandate that will effectiveness in, both restoring the result in the expenditure by State, local, Executive Order 12612, Federalism financial viability of troubled projects and tribal governments, in the aggregate, and in minimizing government costs. The General Counsel, as the or by the private sector, of $100 million Accordingly, this final rule requires that Designated Official under section 6(a) of or more in any one year. coinsuring lenders wishing a partial Executive Order 12612, Federalism, has Executive Order 12866, Regulatory payment of claim utilize the procedure determined that he policies contained in Planning and Review set forth in 24 CFR part 207. this final rule will not have substantial direct effects on States or their political The Office of Management and Budget C. Claim Required Upon Conversion subdivisions, or the relationship (OMB) reviewed this rule under HUD developed the procedure for between the Federal government and Executive Order 12866, Regulatory conversion to full insurance as a means the States, or on the distribution of Planning and Review. OMB determined of assisting coinsuring lenders who are power and responsibilities among the that this rule is a ‘‘significant regulatory dealing with defaulted coinsured various levels of government. action,’’ as defined in section 3(f) of the mortgages and who are eligible for Specifically, the requirements of this Order (although not economically insurance benefits. HUD always final rule are directed toward significant, as provided in section 3(f)(1) intended that coinsuring lenders participants in the FHA multifamily of the Order). Any changes made to the immediately file an insurance claim coinsurance programs. It effects no final rule subsequent to its submission upon conversion. This final rule changes in the current relationships to OMB are identified in the docket file, clarifies HUD’s intent by amending between the Federal government, the which is available for public inspection § 251.3 to require that lenders file a States and their political subdivisions in in the office of the Department’s Rules claim for insurance benefits upon the connection with this program. Docket Clerk, Room 10276, 451 Seventh Commissioner’s endorsement of the Executive Order 12606, The Family Street, SW., Washington, DC 20410– mortgage for full insurance. 0500. The General Counsel, as the D. Amendments to Full Insurance Designated Official under Executive List of Subjects Regulations Order 12606, The Family, has 24 CFR Part 207 determined that this final rule does not The September 19, 1995 interim rule Manufactured homes, Mortgages established a fee on coinsuring lenders have potential for significant impact on family formation, maintenance, and insurance, Reporting and recordkeeping converting to full insurance. Further, requirements, Solar energy. the rule set forth additional fees on general well-being, and, thus, is not lenders who, subsequent to converting subject to review under the order. The 24 CFR Part 251 to full insurance, receive payment for final rule merely amends the regulations Low and moderate income housing, the full or partial insurance mortgage governing HUD’s multifamily Mortgage insurance, Reporting and amount. The September 19, 1995 coinsurance programs. No significant recordkeeping requirements. interim rule established these additional change in existing HUD policies or fees through amendments to HUD’s programs will result from promulgation 24 CFR Part 252 coinsurance regulations at 24 CFR parts of this final rule, as those policies and Health facilities, Loan programs— 251, 252, and 255. However, once the programs related to family concerns. health, Loan programs—housing and FHA Commissioner endorses a Regulatory Flexibility Act community development, Mortgage coinsured mortgage for full insurance, insurance, Nursing homes, Reporting The Secretary, in accordance with the the lender is no longer governed by the and recordkeeping requirements. coinsurance program regulations. Regulatory Flexibility Act (5 U.S.C. Rather, the lender must now abide by 605(b)), has reviewed and approved this 24 CFR Part 255 HUD’s multifamily mortgage insurance final rule, and in so doing certifies that Low and moderate income housing, regulations at 24 CFR part 207. This his final rule not have a significant Mortgage insurance, Reporting and final rule amends part 207 to economic impact on a substantial recordkeeping requirements. number of small entities. This rule incorporate the fees. Specifically, the Accordingly, 24 CFR parts 207, 251, finalizes the policies and procedures set rule revises § 207.259, which sets forth 252, and 255 are amended as follows: the requirements for full insurance forth in the September 19, 1995 interim benefits. rule. It permits coinsuring lenders to PART 207ÐMULTIFAMILY HOUSING request that HUD endorse certain MORTGAGE INSURANCE III. Findings and Certifications defaulted mortgages for full insurance. 1. The authority citation for part 207 Environmental Impact Further, the rule makes several streamlining and clarifying amendments continues to read as follows: A Finding of No Significant Impact to the interim rule. These changes will Authority: 12 U.S.C. 1701z–11(e), 1713 and with respect to the environment was increase flexibility, remove unnecessary 1715b; 42 U.S.C. 3535(d). made at the interim rule stage in regulatory provisions, and permit the 2. Section 207.258b is amended by accordance with HUD regulations at 24 continued viability of housing financed adding a new paragraph (e) to read as CFR part 50, which implements section with coinsured mortgages. This final follows: 102(2)(C) of the National Environmental rule will not have any meaningful Policy Act of 1969 (NEPA). This Finding impact on any entity. § 207.258b Partial payment of claim. of No Significant Impact is available for * * * * * public inspection between 7:30 a.m. and Unfunded Mandates Reform Act (e) Lenders receiving a partial 5:30 p.m. weekdays in the Office of the The Secretary has reviewed this rule payment of claim following the Rules Docket Clerk, Office of the before publication and by approving it Commissioner’s endorsement of the 49038 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

Mortgage for full insurance under parts CFR 207.258 of its intent to file an 1. Purpose. HUD’s regulation at 24 CFR 251, 252, or 255 of this chapter, will pay insurance claim upon the 251.3 permits certain coinsuring lenders HUD a fee in an amount set forth Commissioner’s endorsement of the under 24 CFR parts 251, 252, and 255 to through Federal Register notice. HUD, Mortgage for full insurance. request that HUD endorse the coinsured in its discretion, may collect this fee or Mortgage for full insurance. Section 251.3 deduct the fee from any payment it §§ 251.4 and 251.5 [Removed] states that coinsuring lenders who elect to makes in the claim process. 6. Sections 251.4 and 251.5 are convert to full insurance must pay HUD a fee 3. Section 207.259 is amended by removed. in an amount ‘‘set forth through Federal adding a new paragraph (b)(2)(v) to read Register notice.’’ One of the purposes of this appendix is to identify this fee. as follows: PART 252ÐCOINSURANCE OF MORTGAGES COVERING NURSING HUD’s regulations at 24 CFR part 207 § 207.259 Insurance benefits. HOMES, INTERMEDIATE CARE govern its multifamily Mortgage insurance * * * * * FACILITIES, AND BOARD AND CARE program. Part 207 establishes certain fees on (b) * * * HOMES. formerly coinsured lenders who have (2) * * * converted to full insurance and subsequently (v) In the case of a lender receiving 7. The authority citation for 24 CFR receive payment for the full or partial insured insurance benefits for the full Mortgage part 252 continues to read as follows: Mortgage amount. Section 207.258b, which governs partial payment of claims, and amount upon the Commissioner’s Authority: 12 U.S.C. 1715b, 1715z-9; 42 § 207.259, which sets forth the requirements U.S.C. 3535(d). endorsement of the Mortgage for full for full insurance benefits, state that these insurance pursuant to 24 CFR parts 251, 8. Section 252.3 is revised to read as fees will be in an amount ‘‘set forth through 252, or 255, the amount of the fee set follows: Federal Register notice.’’ This appendix sets forth through Federal Register notice. forth these fees. HUD may, in its discretion, collect this § 252.3 Case-by-case conversion to full 2. Fee for conversion to full insurance fee rather than deducting the fee from insurance. under 24 CFR parts 251, 252, or 255. the total of the items computed under Cross-reference. The provisions of 24 Coinsuring lenders requesting the paragraph (b)(1) of this section. CFR 251.3 apply to this part. Commissioner’s endorsement of a coinsured Mortgage for full insurance under 24 CFR PART 251ÐCOINSURANCE FOR THE §§ 252.4 and 252.5 [Removed] part 251, 252, or 255, will pay HUD a fee in CONSTRUCTION OR SUBSTANTIAL an amount equal to 5 dollars for every 1,000 REHABILITATION OF MULTIFAMILY PART 255ÐCOINSURANCE FOR THE dollars of the unpaid principal balance. The HOUSING PROJECTS PURCHASE OR REFINANCING OF coinsuring lender must pay this fee EXISTING MULTIFAMILY HOUSING concurrently with submission of the request 4. The authority citation for 24 CFR PROJECTS for the Commission’s endorsement. HUD will part 251 continues to read as follows: 10. The authority citation for 24 CFR not process requests for conversion to full insurance until this fee is paid. Authority: 12 U.S.C. 1715b, 1715z-9; 42 part 255 continues to read as follows: U.S.C. 3535(d). 3. Fees for former coinsuring lenders under Authority: 12 U.S.C. 1715b, 1715z-9; 42 24 CFR part 207. 5. Section 251.3 is revised to read as U.S.C. 3535(d). (a) Lenders receiving payment of insurance follows: 11. Section 255.3 revised to read as benefits for the full Mortgage amount under § 251.3 Case-by-case conversion to full follows: 24 CFR part 207, upon the Commissioner’s insurance. endorsement of the Mortgage for full Upon the request of a coinsuring § 255.3 Case-by-case conversion to full insurance pursuant to 24 CFR part 251, 252, or 255, must pay HUD a fee in an amount lender, the Commissioner may endorse insurance. equal to 10 percent of the outstanding a coinsured Mortgage for full insurance, Cross-reference. The provisions of 24 CFR 251.3 apply to this part. principal balance on the Mortgage. HUD may, effective as of the date of such in its discretion, collect this fee or deduct the endorsement, if the Commissioner is §§ 255.4 and 255.5 [Removed] fee from any payment it makes in the claim satisfied that: process. (a) Continuing the Mortgage under 12. Sections 255.4 and 255.5 are removed. (b) Lenders receiving a partial payment of coinsurance could jeopardize the claim under 24 CFR part 207, upon the lender’s viability and ability to service Dated: June 28, 1996. Commission’s endorsement of the Mortgage its remaining portfolio of coinsured Nicolas P. Retsinas, for full insurance pursuant to 24 CFR part Mortgages; Assistant Secretary for Housing—Federal 251, 252, or 255, must pay HUD a fee in an (b) The lender has made reasonable Housing Commissioner. amount equal to 10 percent of the reduction efforts to work out any Mortgage default in the unpaid principal balance resulting consistent under 24 CFR 251.811 (1990), Note: This appendix will not appear in from the partial payment. HUD may, in its Title 24 of the CFR. but the remedies available to the lender discretion, collect this fee or deduct the fee have not been adequate to reinstate the Appendix—Fees for Conversion to Full from any payment it makes in the claim Mortgage; Insurance and Partial Payment of Claim process. (c) The conversion would be less Under 24 CFR Parts 207, 251, 252, and 255 (c) The fees described in paragraphs (a) and costly to HUD than if the Mortgage (b) of this section are in addition to the fee Sections established by section 2. of this notice. remained coinsured; 1. Purpose (d) The lender has paid HUD the fee 4. Future revisions to this appendix. 2. Fee for conversion to full insurance under HUD may update or revise this appendix set forth through Federal Register 24 CFR parts 251, 252, and 255. as necessary. notice; and 3. Fees for former coinsuring lenders under (e) The lender agrees to give the 24 CFR part 207. [FR Doc. 96–23716 Filed 9–16–96; 8:45 am] Commissioner written notice under 24 4. Future revisions to this appendix. BILLING CODE 4210±27±M federal register September 17,1996 Tuesday Notice Federal TitleIVStudentAssistance; Education Department of Part V 49039 49040 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Notices

DEPARTMENT OF EDUCATION when awarding Title IV aid to a student from other institutions in accordance who transfers into one eligible with section 668.19(b), (c), and (d) of the Office of Postsecondary Education; institution from another. The regulations remains in effect. Federal Title IV Student Assistance Department has determined that Applicable Regulations AGENCY: Department of Education. obtaining FAT information from the NSLDS will be more efficient and less ACTION: Notice of the availability of the The following regulations are burdensome for institutions of higher National Student Loan Data System applicable to these programs: education that participate in Title IV (NSLDS) to be used by postsecondary General Provisions—34 CFR part 668. programs than the existing process of educational institutions to meet the Federal Family Educational Loan—34 CFR requesting the return of paper FATs regulatory requirements for obtaining part 682. from the previously attended financial aid transcript (FAT) Federal Perkins Loan—34 CFR part 674. institution. In addition, the use of the Federal Direct Student Loan—34 CFR part information for purposes of determining NSLDS by institutions provides 685. student eligibility for Federal Title IV significant burden reduction to Federal Pell Grant Program—34 CFR part student assistance. students. The use of the NSLDS for the 690. Federal Work-Study Program—34 CFR part SUMMARY: purpose of obtaining FAT information The Secretary gives notice to 675. institutions of higher education that, will eliminate paper forms and the need Federal Supplemental Educational beginning with the 1996–97 award year, for schools and students to handle Opportunity Grant Program—34 CFR part the NSLDS may be used by millions of paper FATs each year, 676. postsecondary educational institutions significantly reducing delays in to meet the regulatory requirements of processing and the change of data error. FOR FURTHER INFORMATION CONTACT: Greg Gerrans, Program Specialist, Policy Section 668.19(a)(1) and (a)(2)(i) for General Information obtaining FAT information for most Development Division, Policy, Training Title IV student aid applicants. Using the information from the and Analysis Service, Student Financial Institutions were informed of this NSLDS will allow schools to meet the Assistance Programs, U.S. Department availability and the conditions under regulatory requirements for obtaining of Education, 600 Independence which the NSLDS may be used for FAT FAT information for those Federal Avenue, S.W., Washington, DC 20202– purposes, in a Dear Colleague letter student aid applicants who have 5447. Telephone (202) 708–4607. dated July 1996 (GEN–96–13). Further previously attended other eligible Individuals who use a guidance may be given by the postsecondary institutions, with the telecommunications device for the deaf Department in subsequent notifications. exception of mid-year transfer students. (TDD) may call the Federal Information Schools may obtain FAT information Relay Service (FIRS) at 1–800–877–8339 Background from the NSLDS through several between 8 a.m. and 8 p.m., Eastern The FAT regulations were developed methods, including the Student Aid standard time, Monday through Friday. to make certain that schools had all of Report (SAR) and the NSLDS History Authority: 20 U.S.C. 1091, 1092b, 1094. the information necessary to enforce section of the Institutional Student Dated: September 10, 1996. both student eligibility provisions and Information Record (ISIR). Once a (Catalog of Federal Domestic Assistance to be in compliance with program- school has obtained historial financial Numbers: Federal Supplemental Educational specific award maximums contained in aid information from the NSLDS, Opportunity Grant Program, 84.007; Federal the Higher Education Act (HEA) of including the information on a student’s Stafford Loan Program, 84.032; Federal PLUS 1965, as amended. The law and SAR or in the ISIR, it will not be Loan Program, 84.032; Federal Work-Study supporting regulations provide that, required to re-check the NSLDS prior to Program, 84.033; Federal Perkins Loan among other eligibility criteria, an disbursing Title IV student assistance. Program, 84.038; Federal Pell Grant Program, applicant for Federal student aid cannot The Question and Answer section of 84.063) be in default on a Title IV student loan Dear Colleague letter GEN–96–13 David A. Longanecker, or owe an overpayment on Title IV aid. describes in detail how the NSLDS may Assistant Secretary for Postsecondary Additionally, the Pell Grant and loan be used for FAT purposes. Schools are Education. programs have annual and/or aggregate reminded that the requirement that they [FR Doc. 96–23801 Filed 9–16–96; 8:45 am] award maxima that must be considered respond to requests for FAT information BILLING CODE 4000±01±P federal register September 17,1996 Tuesday Final Rule Student AssistanceGeneralProvisions; 34 CFRPart668 Education Department of Part VI 49041 49042 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations

DEPARTMENT OF EDUCATION method. The language adopted there offer interested parties the opportunity unfortunately suggested that the to comment on proposed regulations. 34 CFR Part 668 procedures had been changed rather However, the Secretary has determined than merely clarified. Under the that these amendments to § 668.163(a) Student Assistance General Provisions reimbursement funding method, the to revise and clarify the procedure for AGENCY: Department of Education. Department reimburses an institution presenting cash requests to the ACTION: Final regulations. for the amounts the institution has Department are procedural rules under expended by disbursing its own funds the exemption from rulemaking SUMMARY: The Secretary amends the for the purpose of providing grant, loan, requirements in 5 U.S.C. 553(b)(A) and Student Assistance General Provisions or work study assistance to its students do not require publication for public regulations. These technical under Title IV of the Higher Education comment. amendments are necessary to clarify the Act of 1965, as amended (HEA). That regulations and to remove the disbursement may be made, as provided Executive Order 12866 procedural requirement that recipient in program regulations, either by check These regulations have been reviewed institutions include in any request for or by credit to the student’s account for in accordance with Executive Order funds the Catalog of Federal Domestic tuition and other charges then owed, or, 12866. Under the terms of the order the Assistance (CFDA) number identifying with the consent of the student, for later Secretary has assessed the potential the source of the funds and the amount payment to the student. Until the costs and benefits of this regulatory of funds sought for each program disbursement has been made, however, action. included in the request. The Secretary the institution has no reimbursement The potential costs associated with takes action to defer this change in light claim against the Department. The the proposed regulations are those of the information technology currently revised language, which referred to the determined by the Secretary to be available to recipient institutions and disbursements as those that the necessary for administering this the Department. institution ‘‘will’’ make immediately program effectively and efficiently. EFFECTIVE DATE: These regulations take after receiving payment from the In assessing the potential costs and effect on October 17, 1996. Department was intended to reference benefits—both quantitative and situations where the institution had FOR FURTHER INFORMATION CONTACT: Mr. qualitative—of these regulations, the John Kolotos, U.S. Department of credited student accounts but not yet Secretary has determined that the Education, 600 Independence Avenue, paid the student. This revised language benefits of the regulations justify the did not accurately describe this SW., ROB–3, room 3045, Washington, costs. procedure. The Secretary therefore DC 20202–5346. Telephone: (202) 708– corrects § 668.163(a)(3) to restore a The Secretary has also determined 7888. Individuals who use a description of reimbursement that this regulatory action does not telecommunications device for the deaf requirements as they have been unduly interfere with State, local, and (TDD) may call the Federal Information consistently understood and applied by tribal governments in the exercise of Relay Service (FIRS) at 1–800–877–8339 the Department. their governmental functions. between 8 a.m. and 8 p.m., Eastern time, Under those reimbursement Regulatory Flexibility Act Certification Monday through Friday. procedures, the institution has been SUPPLEMENTARY INFORMATION: Section required to disburse fully any amounts The Secretary certifies that these 668.163 (Requesting funds) contains a for which it seeks reimbursement, proposed regulations would not have a requirement that each institution including amounts paid to students significant economic impact on a include in any request for cash the directly or credited, by student consent, substantial number of small entities. CFDA number identifying the source of to their accounts for later payment. For Entities affected by these regulations are the requested funds and the amount of reimbursement purposes, however, the institutions of higher education that funds for each program for which funds Secretary now considers an institution participate in the Title IV programs are sought in the request (61 FR 61796; to have made a disbursement for which under the HEA. These regulations, December 1, 1995). The Secretary has a reimbursement claim is authorized however, would not have a significant continued to evaluate methods of when the institution has credited the impact on any entities affected. They do requesting funds in light of refinements student’s account for later payment to not impose excessive regulatory burdens in information technology now available the student. The Secretary recognizes or require unnecessary Federal to recipient institutions and to the the propriety of this claim because of supervision. The regulations clarify Department, and has decided to defer the nature of the obligation the existing requirements and relieve any change in this aspect of the institution incurs by making that credit. unnecessary regulatory burden. procedure for requesting cash until By crediting the student’s account, the Paperwork Reduction Act of 1995 future award years. At that time, the institution incurs a legal obligation to Secretary plans to make available to pay the student the amount credited, to These proposed regulations have been institutions a more precise yet easily the extent that the student remains examined under the Paperwork used request method that will better eligible. The institution remains legally Reduction Act of 1995 and have been identify the program authorization obligated to make that payment even if, found to contain no information under which funds are requested. The by the process of administrative offset, collection requirements. procedural requirement for the Department applies funds otherwise Assessment of Educational Impact identification by CFDA number will payable to the institution for that therefore no longer be necessary. approved reimbursement claim to Based on its own review, the Changes to § 668.163(a)(3) were satisfy a debt owed by the institution. Department has determined that the previously made in regulations regulations in this document do not promulgated on June 30, 1995 (60 FR Waiver of Proposed Rulemaking require transmission of information that 34432) with the expressed intent of In accordance with the is being gathered by or is available from clarifying the procedures for payment Administrative Procedure Act, 5 U.S.C. any other agency or authority of the under the reimbursement funding 553, it is the practice of the Secretary to United States. Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Rules and Regulations 49043

List of Subjects in 34 CFR Part 668 § 668.163 Requesting funds. (A) Identify the students for whom (a) * * * reimbursement is sought; and Administrative practice and (B) Submit to the Secretary or entity procedure, Colleges and universities, (3) Reimbursement payment method. Under the reimbursement payment approved by the Secretary Consumer protection, Education, Grant documentation that shows that each programs—education, Loan programs— method— (i) An institution must first make student and parent included in the education, Reporting and recordkeeping request was eligible to receive and has requirements, Student aid. disbursements to students and parents for the amount of funds those students received the title IV, HEA program Dated: September 12, 1996. and parents are eligible to receive under funds for which reimbursement is Richard W. Riley, the Federal Pell Grant, Direct Loan, and sought; and Secretary of Education. campus-based programs before the (iv) The Secretary approves the (Catalog of Federal Domestic Assistance institution may seek reimbursement amount of the institution’s Number not applicable.) from the Secretary for those reimbursement request for a student or parent and pays the institution that The Secretary amends Part 668 of disbursements. The Secretary considers an institution to have made a amount, if the Secretary determines Title 34 of the Code of Federal with regard to that student or parent Regulations as follows: disbursement if the institution has either credited a student’s account or that the institution— PART 668—STUDENT ASSISTANCE paid a student or parent directly with its (A) Accurately determined the GENERAL PROVISIONS own funds; student’s eligibility for title IV, HEA (ii) An institution seeks program funds; 1. The authority citation for part 668 (B) Accurately determined the amount continues to read as follows: reimbursement by submitting to the Secretary a request for funds that does of title IV, HEA program funds paid to Authority: 20 U.S.C. 1085, 1088, 1091, not exceed the amount of the actual the student or parent; and 1092, 1094, 1099c, and 1141, unless disbursements the institution has made (C) Submitted the documentation otherwise noted. to students and parents included in that required under paragraph (a)(3)(iii) of 2. Section 668.163 is amended by request; this section. removing paragraph (a)(2)(iii) and (iii) As part of the institution’s * * * * * revising paragraph (a)(3) to read as reimbursement request, the Secretary [FR Doc. 96–23853 Filed 9–16–96; 8:45 am] follows: requires the institution to— BILLING CODE 4000±01±P i

Reader Aids Federal Register Vol. 61, No. 181 Tuesday, September 17, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 240...... 47667 3 CFR Public Laws Update Services (numbers, dates, etc.) 523±6641 242...... 46373, 47550 For additional information 523±5227 Proclamations: 245a...... 46534 Presidential Documents 6915...... 48063 264...... 46534, 47668 6916...... 48815 274a...... 46534 Executive orders and proclamations 523±5227 Executive Orders: 282...... 47799 The United States Government Manual 523±5227 13017...... 47659 299...... 46534, 47799 Other Services Administrative Orders: 499...... 47799 Electronic and on-line services (voice) 523±4534 Memorandums: Proposed Rules: Privacy Act Compilation 523±3187 August 30, 1996 ...... 46695 322...... 47690 TDD for the hearing impaired 523±5229 Presidential Determinations: No. 96±42 of August 9 CFR 24, 1996 ...... 46699 54...... 47669 ELECTRONIC BULLETIN BOARD No. 96±43 of August 71...... 47669 Free Electronic Bulletin Board service for Public Law numbers, 27, 1996 ...... 46529 75...... 47669 Federal Register finding aids, and list of documents on public No. 96±50 of Proposed Rules: inspection. 202±275±0920 September 4, 78...... 48430 1996 ...... 48601 319...... 47453 FAX-ON-DEMAND No. 96±51 of 381...... 47453 You may access our Fax-On-Demand service. You only need a fax September 4, 10 CFR machine and there is no charge for the service except for long 1996 ...... 48603 distance telephone charges the user may incur. The list of Ch. 1 ...... 46537 4 CFR documents on public inspection and the daily Federal Register’s Proposed Rules: table of contents are available using this service. The document Proposed Rules: 34...... 48645 numbers are 7050-Public Inspection list and 7051-Table of 7...... 47240 Contents list. The public inspection list will be updated 12 CFR 5 CFR immediately for documents filed on an emergency basis. 3...... 47358 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 317...... 46531 208...... 47358 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 412...... 46531 225...... 47358 public inspection may be viewed and copied in our office located 532...... 47661, 48817 308...... 48402 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 2635...... 48733 325...... 47358 telephone number is: 301±713±6905 Proposed Rules: 342...... 48402 316...... 47450 Proposed Rules: 1312...... 48855 225...... 47242 FEDERAL REGISTER PAGES AND DATES, SEPTEMBER 615...... 47829 7 CFR 46373±46528...... 3 12...... 47019 14 CFR 46529±46698...... 4 27...... 48399 46699±47018...... 5 21...... 47671 52...... 48065, 48066 29...... 48609 47019±47408...... 6 301...... 47662, 47663 39 ...... 46538, 46540, 46541, 47409±47660...... 9 319...... 47663 46542, 46703, 46704, 47041, 47661±47798...... 10 911...... 46701 47046, 47047, 47049, 47051, 47799±48062...... 11 915...... 46701 47409, 47410, 47802, 47804, 48063±48398...... 12 1075...... 47038 47806, 47808, 47809, 47813, 48399±48600...... 13 1789...... 48605 48066, 48612, 48613, 48614, 48601±48814...... 16 Proposed Rules: 48617, 48619, 48818, 48820, 48815±49044...... 17 46...... 47674 48822 271...... 47680 71 ...... 47051, 47052, 47053, 275...... 47680 47411, 47671, 47815, 48069, 457 ...... 46401, 48416, 48420, 48403, 48824, 48825 48423 97 ...... 46706, 46707, 46711, 998...... 47786 48826, 48827 1079...... 46571 1215...... 46713 1137...... 47092 Proposed Rules: 1160...... 47093 25...... 48862 1780...... 48075 39 ...... 46572, 46574, 46576, 981...... 48428 46742, 47459, 47462, 47829, 47831, 47834, 47835, 48431, 8 CFR 48433, 48435, 48437, 48439, 3...... 46373, 47550 48441, 48864, 48866 103 ...... 46373, 47039, 47550 71 ...... 46743, 46744, 47465, 210...... 46534 47466, 48097, 48868, 48869, ii Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Reader Aids

48870, 48871 352...... 48645 33 CFR 61...... 47840 243...... 47692 1250...... 48102 100...... 47822 63...... 47840 1308...... 48655 165...... 47054, 47823 64...... 46418 15 CFR 70...... 46418 902...... 47821 22 CFR Proposed Rules: 165...... 47839 71...... 46418 120...... 48830 81...... 47100 16 CFR 334...... 48112 123...... 48830 270...... 46748 305...... 486200 128...... 48803 34 CFR 271...... 46748 1615...... 47412, 47634 Proposed Rules: 668...... 49042 300 ...... 46418, 46749, 46753, 1616...... 47412, 47634 514...... 46745 48657 Proposed Rules: 437...... 48806 17 CFR 24 CFR 75...... 47550 799...... 47853 76...... 47550 200...... 49010 27...... 48546 239...... 49010, 77...... 47550 41 CFR 29...... 48546 271...... 47550 49011 Proposed Rules: 91...... 48736 272...... 47550 240...... 48290 92...... 48736 Ch. 109 ...... 48006 249...... 47412 607...... 47550 206...... 49030 642...... 47550 270...... 49010, 207...... 49036 42 CFR 49011 648...... 47550 247...... 47380 417...... 46384 274...... 49010 662...... 47550 251...... 49036 482...... 47423 400...... 48338 663...... 47550 252...... 49036 Proposed Rules: 420...... 48338 664...... 47550 255...... 49036 668...... 48564 418...... 46579 Proposed Rules: 572...... 48796 228...... 47706 674...... 48564 43 CFR 573...... 47404 675...... 48564 230...... 47706 582...... 48052 4...... 47434 239...... 47706 676...... 48564 880...... 47380 682...... 47398, 48564 2560...... 47724, 49008 240...... 47706, 48333 882...... 48052 249...... 47706 685...... 48564 Proposed Rules: 884...... 47380 36...... 48873 270...... 49022 690...... 48564 3500...... 46510 2090...... 47853 19 CFR Proposed Rules: 35 CFR 2110...... 47853 3500...... 46523 2130...... 47853 Proposed Rules: Proposed Rules: 2200...... 47855 103...... 48098 133...... 46407 26 CFR 2610...... 47725 123...... 48100 135...... 46407 1 ...... 46719, 47821, 47822 2780...... 48454 20 CFR 602...... 46719 36 CFR 5510...... 48455 6400...... 47726 655...... 46988 Proposed Rules: 1...... 46554 1...... 47838, 48656 7...... 46379 8350...... 47726 21 CFR 15...... 46554 27 CFR 44 CFR 101...... 48529 223...... 48625 131...... 48405 Proposed Rules: 242...... 48625 64...... 46732 9...... 46403 111...... 48572 136...... 46714 45 CFR 137...... 46714 178...... 47095 211...... 47673 2400...... 46734 139...... 46714 28 CFR Proposed Rules: 173...... 46374, 46376 800...... 48580 Proposed Rules: 177...... 46543, 46716 0...... 46720, 48405 1609...... 48529 178 ...... 46544, 46545, 48623 524...... 47794 37 CFR 46 CFR 510...... 46547 541...... 47794 Proposed Rules: 520...... 46719 544...... 47794, 47795 2...... 48872 10...... 47060 522...... 46548, 48829 571...... 47794 12...... 47060 38 CFR 524...... 48624 29 CFR Proposed Rules: 606...... 47413 4...... 46720 10...... 47786 610...... 47413 506...... 46988 Proposed Rules: 801...... 47550 4044...... 48406 16...... 47469 47 CFR 803...... 47550 Proposed Rules: 1...... 46557, 48874 804...... 47550 1910...... 47712 39 CFR 25...... 46557 807...... 47550 1952...... 48443, 48446 111...... 48071 51...... 47284 820...... 47550 52...... 47284 30 CFR 897...... 47550 40 CFR 68...... 47434 1309...... 48830 203...... 48834 9...... 48208 73 ...... 46563, 47434, 47435, 1310...... 48830 902...... 48835 52 ...... 47055, 47057, 47058, 47436, 48638, 48639 1313...... 48830 935...... 46548 48407, 48409, 48629, 48632 80...... 46563 Proposed Rules: 944...... 46550 63...... 46906, 48208 95...... 46563 70...... 48102 946...... 46552 81...... 47058 Proposed Rules: 71...... 48102 Proposed Rules: 82...... 47012 Ch. 1 ...... 46419 80...... 48102 206...... 48872 180...... 48843 1 ...... 46420, 46603, 46755 101...... 48102 906...... 47722 261...... 46380, 48635 22...... 46420 107...... 48102 917...... 46577 300...... 47060, 47825 25...... 46420 170...... 48102 946...... 48110 Proposed Rules: 73 ...... 46430, 46755, 47470, 172...... 48102 Ch. 1 ...... 48452 47471, 47472, 48659, 48660 32 CFR 173...... 48102 35...... 46748 174...... 48102 706...... 46378, 48070 51...... 47840 48 CFR 175...... 48102 801...... 46379 52 ...... 47099, 47100, 48453, 219...... 49008 177...... 48102 Proposed Rules: 48656, 48657, 48873 1506...... 47064 178...... 48102 318...... 47467 59...... 46410 1515...... 47065 184...... 48102 651...... 47839 60...... 47840 1534...... 47064 Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Reader Aids iii

1536...... 47064 48532 219...... 47101 1039...... 47446 1542...... 47064 13...... 47384, 48532 225...... 47101 Proposed Rules: 1545...... 47064 14 ...... 47390, 48354, 48380 226...... 47101 531...... 46756 1552...... 47064, 47065 15...... 47390, 48380 227...... 47101 571...... 47728 1807...... 47068 16...... 48354, 48532 233...... 47101 1808...... 47068 19...... 47390, 48354 252...... 47100, 47101 1809...... 47068 22...... 48354 501...... 46607 50 CFR 1810...... 47068 23...... 48354 504...... 46607 17...... 48412 1811...... 47068 25...... 48354 507...... 46607 32...... 46390 1812...... 47068 27...... 48354 510...... 46607 100...... 48625 1814...... 47068 29...... 48354 511...... 46607 285...... 48413, 48640 1828...... 47068 31...... 48354 512...... 46607 622 ...... 47446, 47821, 48413, 1835...... 47068 32...... 48354 514...... 46607 48641, 48848 1842...... 47068 33...... 47390 515...... 46607 648...... 47827 1845...... 47082 36...... 48354, 48380 538...... 46607 660 ...... 47089, 48072, 48643, 1852...... 47068, 47082 37...... 47390, 48354 539...... 46607 48852 1853...... 47082 41...... 48532 543...... 46607 662...... 48853 1871...... 47068 42...... 48354 546...... 46607 679 ...... 46399, 46570, 47089, Proposed Rules: 43...... 47390, 48532 552...... 46607 48073, 48074, 48415 1 ...... 47390, 48354, 48380 45...... 48354 570...... 46607 Proposed Rules: 2...... 48380 47...... 48354 Proposed Rules: 17 ...... 46430, 46608, 47105, 3...... 47390, 48354 49...... 48354, 48532 Ch. 34 ...... 47550 47856, 48875, 48876 4 ...... 47390, 48354, 48532 52 ...... 47384, 47390, 47798, 20...... 47786 5...... 47384 48354, 48380, 48532 49 CFR 21...... 46431 6...... 48354 53 ...... 47390, 48354, 48380, 538...... 46740 285...... 48661, 48876 8...... 48354 48532 571...... 47086 630...... 48661 9...... 47390, 48354 203...... 47100 575...... 47437, 47825 648 ...... 47106, 47472, 47473 11...... 47384 212...... 47101 583...... 46385 679...... 47108, 48113 12 ...... 47384, 47390, 48354, 215...... 47100 1002...... 48639 iv Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Reader Aids

Pacific Northwest et al.; West Coast salmon; Acephate, etc.; comments comments due by 9-23- comments due by 9-27- due by 9-27-96; published REMINDERS 96; published 8-23-96 96; published 9-12-96 8-28-96 The items in this list were Oranges, grapefruit, West Coast States and Solid wastes: editorially compiled as an aid tangerines, and tangelos Western Pacific fisheries-- Hazardous waste to Federal Register users. grown in Florida; comments Pacific whiting; comments Inclusion or exclusion from combustors, etc.; due by 9-27-96; published due by 9-25-96; maximum achievable this list has no legal 8-28-96 published 9-16-96 significance. control technologies AGRICULTURE Tuna, Atlantic bluefin fisheries; performance standards DEPARTMENT comments due by 9-23-96; Data availability; RULES GOING INTO Animal and Plant Health published 8-23-96 comments due by 9-23- EFFECT TODAY Inspection Service DEFENSE DEPARTMENT 96; published 8-23-96 Plant-related quarantine, Federal Acquisition Regulation Superfumd program: ENVIRONMENTAL domestic: (FAR): National oil and hazardous PROTECTION AGENCY Mexican fruit fly; comments Agency procurement substances contingency Pesticides; tolerances in food, due by 9-23-96; published protests; comments due plan-- animal feeds, and raw 7-24-96 by 9-24-96; published 7- 26-96 National priorities list agricultural commodities: AGRICULTURE update; comments due Contractor gratuities to Pyridaben; published 9-17- DEPARTMENT by 9-26-96; published 96 government personnel; 8-27-96 Federal Crop Insurance comments due by 9-24- HEALTH AND HUMAN Corporation 96; published 7-26-96 Superfund program: SERVICES DEPARTMENT Administrative regulations: Contractor overhead rates; National oil and hazardous Food and Drug Crop insurance coverage for settlement process; substances contingency Administration production of agricultural comments due by 9-27- plan-- Animal drugs, feeds, and commodity on highly 96; published 7-29-96 National priorities list related products: erodible land or converted EDUCATION DEPARTMENT update; comments due New drug applications-- wetland (sodbuster and Federal regulatory review; by 9-27-96; published Atipamezole; published 9- swampbuster provisions); miscellaneous amendments; 8-28-96 17-96 comments due by 9-23- comments due by 9-23-96; Toxic chemical release INTERIOR DEPARTMENT 96; published 7-26-96 published 8-23-96 reporting; community right- Surface Mining Reclamation Crop insurance regulations: ENVIRONMENTAL to-know-- and Enforcement Office Extra long staple cotton; PROTECTION AGENCY Metal mining, coal mining, Permanent program and comments due by 9-26- Air pollutants, hazardous; etc.; industry group list abandoned mine land 96; published 8-27-96 national emission standards; additions; comments reclamation plan AGRICULTURE Synthetic organic chemical due by 9-25-96; submissions: DEPARTMENT manufacturing industry published 8-28-96 Alaska; published 9-17-96 Food Safety and Inspection and other processes FEDERAL PERSONNEL MANAGEMENT Service subject to equipment COMMUNICATIONS leaks negotiated COMMISSION OFFICE Meat and poultry inspection: regulation; comments due Prevailing rate systems ; Pathogen reduction; hazard Common carrier services: published 9-17-96 by 9-25-96; published 8- Satellite communications-- analysis and critical 26-96 STATE DEPARTMENT control point (HAACP) Air programs; fuels and fuel Satellite earth stations; International Traffic in Arms systems; comments due additives: local zoning regulations Regulations; amendments; by 9-23-96; published 7- preemption; comments published 9-17-96 25-96 Reformulated and due by 9-27-96; conventional gasoline-- TRANSPORTATION published 9-3-96 AGRICULTURE World Trade Organization; DEPARTMENT DEPARTMENT decision concerning Radio stations; table of Federal Aviation Export sales reporting: baseline used to assignments: Administration Sunflowerseed and oil; determine imported Arizona; comments due by Airworthiness directives: comments due by 9-23- gasoline requirements; 9-23-96; published 8-7-96 Boeing; published 8-13-96 96; published 7-23-96 comments due by 9-26- Kentucky; comments due by TREASURY DEPARTMENT Freedom of Information Act 96; published 6-28-96 9-23-96; published 8-14- Alcohol, Tobacco and and Privacy Act; Air quality implementation 96 Firearms Bureau implementation: plans; approval and Tennessee; comments due Alcoholic beverages: Federal regulatory review; promulgation; various by 9-23-96; published 8- States: Wine and other liquors; comments due by 9-23- 14-96 miscellaneous 96; published 7-25-96 Massachusetts; comments Texas; comments due by 9- amendments due by 9-26-96; published 23-96; published 8-14-96 COMMERCE DEPARTMENT 8-27-96 Miscellaneous Telecommunications Act of National Oceanic and Tennessee; comments due amendments; published Atmospheric Administration 1996; implementation: 6-19-96 by 9-26-96; published 8- Fishery conservation and 27-96 Common carrier services-- management: Hazardous waste: Over-the-air reception COMMENTS DUE NEXT Bering Sea and Aleutian Land Disposal Program devices; restrictions WEEK Islands groundfish; Flexibility Act; surface preemption; comments comments due by 9-23- impoundment study; due by 9-27-96; AGRICULTURE 96; published 9-12-96 comments due by 9-23- published 9-4-96 DEPARTMENT Summer flounder, scup, and 96; published 7-25-96 FEDERAL DEPOSIT Agricultural Marketing Black Sea bass; Pesticides; tolerances in food, INSURANCE CORPORATION Service comments due by 9-26- animal feeds, and raw Securities of nonmember Milk marketing orders: 96; published 9-6-96 agricultural commodities: insured banks; comments Federal Register / Vol. 61, No. 181 / Tuesday, September 17, 1996 / Reader Aids v

due by 9-26-96; published Ohio; comments due by 9- NUCLEAR REGULATORY standards establishment; 6-28-96 25-96; published 8-26-96 COMMISSION comments due by 9-27- FEDERAL MARITIME Texas; comments due by 9- Domestic licensing; outdated 96; published 7-29-96 COMMISSION 27-96; published 8-28-96 references deleted, and TREASURY DEPARTMENT minor change; comments Ocean freight forwarders, JUSTICE DEPARTMENT Customs Service marine terminal operations, Immigration and due by 9-23-96; published and passenger vessels: Naturalization Service 8-22-96 Country of origin marking: Transportation Immigration: PANAMA CANAL Frozen imported produce; nonperformance; coverage Educational requirements for COMMISSION comments due by 9-23- ceiling removal, naturalization-- Shipping and navigation: 96; published 7-23-96 replacement with sliding- Exceptions due to Canal tolls rates and vessel TREASURY DEPARTMENT scale coverage; comments physical or management rules-- due by 9-25-96; published Internal Revenue Service developmental disability Toll rates increase and 8-21-96 or mental impairment; on-deck container Income taxes: GENERAL ACCOUNTING comments due by 9-27- capacity measurement; Amortizable bond premium; OFFICE 96; published 8-28-96 comments due by 9-25- comments due by 9-25- American with Disabilities Act; Visa waiver pilot program-- 96; published 9-3-96 96; published 6-27-96 implementation: Australia; comments due PENSION BENEFIT Bad debts modifications and Personnel relations and by 9-27-96; published GUARANTY CORPORATION dealer assignments of services; comments due 7-29-96 Single-employer plans: notional principal by 9-27-96; published 8- contracts; cross reference; MANAGEMENT AND Reportable events; annual 28-96 comments due by 9-23- BUDGET OFFICE report; comments due by Prohibited personnel 96; published 6-25-96 Federal Procurement Policy 9-23-96; published 7-24- practices; comments due Office 96 Consolidated return by 9-27-96; published 8- regulations-- 28-96 Acquisition regulations: TRANSPORTATION Cost Accounting Standards DEPARTMENT Consolidated groups; net GENERAL SERVICES Board-- operating loss ADMINISTRATION Federal Aviation Cost accounting standards Administration carryforwards and built- Federal Acquisition Regulation coverage; applicability; in losses and credits (FAR): Airworthiness directives: comments due by 9-27- following ownership Aerospatiale; comments due Agency procurement 96; published 7-29-96 change; limitations; protests; comments due by 9-27-96; published 8- cross reference; NATIONAL AERONAUTICS by 9-24-96; published 7- 19-96 comments due by 9-25- AND SPACE 26-96 British Aerospace; 96; published 6-27-96 ADMINISTRATION Contractor gratuities to comments due by 9-23- Federal Acquisition Regulation Losses and deductions; government personnel; 96; published 8-12-96 (FAR): use limitations; cross comments due by 9-24- Jetstream; comments due reference; comments Agency procurement 96; published 7-26-96 by 9-23-96; published 8- due by 9-25-96; protests; comments due Contractor overhead rates; 12-96 published 6-27-96 by 9-24-96; published 7- settlement process; Airworthiness standards: 26-96 Short taxable years and comments due by 9-27- Special conditions-- controlled groups; cross 96; published 7-29-96 Contractor gratuities to government personnel; Avions Marcel Dassault- reference; comments HEALTH AND HUMAN comments due by 9-24- Breguet Aviation due by 9-25-96; SERVICES DEPARTMENT 96; published 7-26-96 Mystere-Falcon model published 6-27-96 Food and Drug Grants and cooperative Fan Jet Falcon (basic), Tax-exempt bonds; arbitrage Administration agreements; uniform etc.; comments due by restrictions; comments Medical devices: administrative requirements: 9-27-96; published 8-13- due by 9-25-96; published 96 Latex-containing devices; Institutions of higher 6-27-96 user labeling; comments education, hospitals, and Licensed launch activities; Procedure and administration: due by 9-23-96; published other non-profit financial responsibility Extensions of time to make 6-24-96 organizations; comments requirements; comments elections; cross reference; due by 9-23-96; published due by 9-23-96; published INTERIOR DEPARTMENT comments due by 9-25- 7-23-96 7-25-96 Surface Mining Reclamation 96; published 6-27-96 and Enforcement Office NATIONAL ARCHIVES AND TRANSPORTATION DEPARTMENT TREASURY DEPARTMENT Permanent program and RECORDS ADMINISTRATION abandoned mine land Records management: National Highway Traffic Thrift Supervision Office reclamation plan Electronic records transfer; Safety Administration Uniform Financial Institutions submissions: timing and acceptable Fuel economy standards: Rating System; conforming Maryland; comments due by transfer media forms; Exemption from average amendments; comments due 9-27-96; published 8-28- comments due by 9-27- fuel economy standard; by 9-23-96; published 7-23- 96 96; published 7-29-96 alternative lower 96